Case 1:20-cv-02878-DDD Document 1 Filed 09/22/20 USDC Colorado Page 1 of 20
`
`THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF COLORADO
`
`
`ROTHSCHILD BROADCAST
`DISTRIBUTION SYSTEMS, LLC,
`
`Plaintiff,
`
`
`v.
`ZOOM VIDEO COMMUNICATIONS,
`INC.,
`
`
`Defendant.
`
`
`
`
`
` CIVIL ACTION NO. _______________
`
`
` JURY TRIAL DEMANDED
`
`
`COMPLAINT
`
`Plaintiff Rothschild Broadcast Distribution Systems, LLC (“Plaintiff” or “Rothschild
`
`Broadcast Distribution Systems”) files this complaint against Zoom Video Communications, Inc.
`
`(“Zoom”) for infringement of U.S. Patent No. 8,856,221 (hereinafter the “`221 Patent”) and alleges
`
`as follows:
`
`PARTIES
`
`1.
`
`Plaintiff is a Texas limited liability company with an office at 1801 NE 123 Street, Suite
`
`314, Miami, FL 33181.
`
`2.
`
`On information and belief, Defendant is a Delaware corporation, with a place of business
`
`at 7601 E. Technology Way, 3rd Floor, Denver, CO 80237. On information and belief, Defendant
`
`may be served through its agent, The Corporation Trust Company, Corporation Trust Center, 1209
`
`Orange St., Wilmington, DE 19801.
`
`JURISDICTION AND VENUE
`
`3.
`
`This action arises under the patent laws of the United States, 35 U.S.C. § 271 et seq.
`
`Plaintiff is seeking damages, as well as attorney fees and costs.
`
`
`
`THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF COLORADO
`
`
`ROTHSCHILD BROADCAST
`DISTRIBUTION SYSTEMS, LLC,
`
`Plaintiff,
`
`
`v.
`ZOOM VIDEO COMMUNICATIONS,
`INC.,
`
`
`Defendant.
`
`
`
`
`
` CIVIL ACTION NO. _______________
`
`
` JURY TRIAL DEMANDED
`
`
`COMPLAINT
`
`Plaintiff Rothschild Broadcast Distribution Systems, LLC (“Plaintiff” or “Rothschild
`
`Broadcast Distribution Systems”) files this complaint against Zoom Video Communications, Inc.
`
`(“Zoom”) for infringement of U.S. Patent No. 8,856,221 (hereinafter the “`221 Patent”) and alleges
`
`as follows:
`
`PARTIES
`
`1.
`
`Plaintiff is a Texas limited liability company with an office at 1801 NE 123 Street, Suite
`
`314, Miami, FL 33181.
`
`2.
`
`On information and belief, Defendant is a Delaware corporation, with a place of business
`
`at 7601 E. Technology Way, 3rd Floor, Denver, CO 80237. On information and belief, Defendant
`
`may be served through its agent, The Corporation Trust Company, Corporation Trust Center, 1209
`
`Orange St., Wilmington, DE 19801.
`
`JURISDICTION AND VENUE
`
`3.
`
`This action arises under the patent laws of the United States, 35 U.S.C. § 271 et seq.
`
`Plaintiff is seeking damages, as well as attorney fees and costs.
`
`
`
`Case 1:20-cv-02878-DDD Document 1 Filed 09/22/20 USDC Colorado Page 2 of 20
`
`4.
`
`Jurisdiction is proper in this Court pursuant to 28 U.S.C. §§ 1331 (Federal Question) and
`
`1338(a) (Patents).
`
`5.
`
`On information and belief, this Court has personal jurisdiction over Defendant because
`
`Defendant has committed, and continues to commit, acts of infringement in this District, has
`
`conducted business in this District, and/or has engaged in continuous and systematic activities in
`this District.
`
`6.
`
`Upon information and belief, Defendant’s instrumentalities that are alleged herein to
`
`infringe were and continue to be used, imported, offered for sale, and/or sold in the District.
`
`7.
`
`Venue is proper in this District under 28 U.S.C. §1400(b) because Defendant is deemed to
`
`be a resident in this District. Alternatively, acts of infringement are occurring in this District and
`
`Defendant has a regular and established place of business in this District.
`
`BACKGROUND
`
`8.
`
`On October 7, 2014, the United States Patent and Trademark Office (“USPTO”) duly and
`
`legally issued the `221 Patent, entitled “System and Method for Storing Broadcast Content in a
`
`Cloud-Based Computing Environment” after the USPTO completed a full and fair examination.
`
`The ‘221 Patent is attached as Exhibit A.
`
`9.
`
`Rothschild Broadcast Distribution Systems is currently the owner of the `221 Patent.
`
`10.
`
`Rothschild Broadcast Distribution Systems possesses all rights of recovery under the `221
`
`Patent, including the exclusive right to recover for past, present and future infringement.
`
`11.
`
`The `221 Patent contains thirteen claims including two independent claims (claims 1 and
`
`7) and eleven dependent claims.
`
`
`
`Case 1:20-cv-02878-DDD Document 1 Filed 09/22/20 USDC Colorado Page 3 of 20
`
`COUNT ONE
`(Infringement of United States Patent No. 8,856,221)
`
`12.
`
`Plaintiff refers to and incorporates the allegations in Paragraphs 1 - 11, the same as if set
`
`forth herein.
`
`13.
`
`This cause of action arises under the patent laws of the United States and, in particular
`
`under 35 U.S.C. §§ 271, et seq.
`
`14.
`
`Defendant has knowledge of its infringement of the `221 Patent, at least as of the service
`
`of the present complaint.
`
`15.
`
`Upon information and belief, Defendant has infringed and continues to infringe one or
`
`more claims, including at least Claim 7, of the ‘221 Patent by making, using, importing, selling,
`
`and/or offering for media content storage and delivery systems and services covered by one or
`
`more claims of the ‘221 Patent.
`
`16.
`
`Accordingly, Defendant has infringed, and continues to infringe, the `221 Patent in
`
`violation of 35 U.S.C. § 271.
`
`17.
`
`Defendant sells, offers to sell, and/or uses media content storage and delivery systems and
`
`services, including, without limitation, the CuriosityStream streaming platform, and any similar
`
`products (“Product”), which infringes at least Claim 7 of the ‘221 Patent.
`
`18.
`
`The Product practices a method of storing (e.g., cloud storage) media content (e.g. and
`
`recorded music) and delivering requested media content to a consumer device. Certain aspects of
`
`these elements are illustrated in the screenshots below and/or in those provided in connection with
`
`other allegations herein.
`
`
`
`Case 1:20-cv-02878-DDD Document 1 Filed 09/22/20 USDC Colorado Page 4 of 20
`Case 1:20-cv-02878—DDD Document 1 Filed 09/22/20 USDC Colorado Page 4 of 20
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`Overview
`
`Cloud recording is automatically enabled for all paid subscribers. When vou record a meeting
`
`and choose Record to the Cloud. the video. audio. and chat to H are recorded in the loom
`
`cloud. The recordt'ng Files can be downloaded to a computer or streamed from a browser.
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`
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`recordings done on a different computer. even if the same Zoom account was used.
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`user and anv local recordings bv this user on this computer. It will not show local
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`
`Case 1:20-cv-02878-DDD Document 1 Filed 09/22/20 USDC Colorado Page 5 of 20
`Case 1:20-cv-02878—DDD Document 1 Filed 09/22/20 USDC Colorado Page 5 of 20
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`Case 1:20-cv-02878-DDD Document 1 Filed 09/22/20 USDC Colorado Page 6 of 20
`Case 1:20-cv-02878—DDD Documentl Filed 09/22/20 USDC Colorado
`Page 6 of 20
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`
`Source: htt 5:
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`ort.zoom.u5 hi: en-o5 article-5 203?41855-C|oud-recordin
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`Pricing For additional storage {US Dollars}:
`
`Storage
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`Addifioml 1 (313
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`$4121 per month
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`3 i oo per Month
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`- 1li'ieirillers can download: Allows Viewers to download the video in addition to
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`viewing it online.
`
`- Onvdemandtfiegistration Required}: Requires usera to enter their name and email
`
`address before viewing or downloading the recording. The host will be able to
`
`download a report with this information.
`
`Source: htt 25:“ suggortzoommsflhozlen -u gigrticlesf ED 534% 05
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`Case 1:20-cv-02878-DDD Document 1 Filed 09/22/20 USDC Colorado Page 7 of 20
`
`
`The Product necessarily includes a receiver configured to receive a request message
`
`19.
`
`including data indicating requested media content (e.g., the Product must have infrastructure to
`
`receive a request to store recorded media content or to stream recorded media content on a
`
`smartphone; additionally, the request message must contain data that identifies the content to be
`
`stored or streamed) and a consumer device identifier corresponding to a consumer device (e.g., the
`
`user credentials are used to access the contents of the Product). Certain aspects of these elements
`
`are illustrated in the screenshots below and/or in those provided in connection with other
`
`allegations herein.
`
`
`
`Case 1:20-cv-02878-DDD Document 1 Filed 09/22/20 USDC Colorado Page 8 of 20
`Case 1:20-cv-02878—DDD Document 1 Filed 09/22/20 USDC Colorado Page 8 of 20
`
`Overview
`
`Cloud recording is automaticallv enabled for all paid subscribers. When Iyou record a meeting
`
`and choose Record to I’he Cloud, thevid-eo, audio, and chat text are recorded in the zoom cloud. The reoorclinl; Files can be downloaded to a computer or streamed from a browser.
`
`Source: htth-:££suggort.zoom.us£hc£en—os£articlesg 2fl3341855—Clo ud—recording
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`Overview
`
`You Lari Imoid vour Zoom “HM'EIT'Q o-l weblnal loullv 1|) vol." Iiomuulel
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`if you are a licensed user. Files stored on the cloud can be accessed on vour desktop or irons
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`the web. Locally recorded meetings and wehioars can oniv be accessed on the computer that
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`recorded the meeting. this article cos-«era finding and vlewlng recordings From the doom
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`user and arrl.I focal recordings by this user on this computer. it will not show local
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`Case 1:20-cv-02878-DDD Document 1 Filed 09/22/20 USDC Colorado Page 9 of 20
`Case 1:20-cv-02878—DDD Document 1 Filed 09/22/20 USDC Colorado Page 9 of 20
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`Authentiianon Profile-s for Cloud Recordings
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`Case 1:20-cv-02878-DDD Document 1 Filed 09/22/20 USDC Colorado Page 10 of 20
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`
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`20.
`
`The at least one server necessarily determines whether the consumer device identifier
`
`corresponds to the registered consumer device (e.g., a user must be a registered user to access the
`
`Product’s services). Certain aspects of these elements are illustrated in the screenshots below
`
`and/or in those provided in connection with other allegations herein.
`
`21.
`
`The Product provides for both media downloads and/or storage, and media streaming. After
`
`a successful login, the Product necessarily determines whether the request received from a
`
`customer is a request for storage (e.g., recording or storing content) or content (e.g., streaming of
`
`media content). Certain aspects of these elements are illustrated in the screenshots below and/or
`
`in those provided in connection with other allegations herein.
`
`
`
`Case 1:20-cv-02878-DDD Document 1 Filed 09/22/20 USDC Colorado Page 11 of 20
`Case 1:20-cv-02878—DDD Document 1 Filed 09/22/20 USDC Colorado Page 11 of 20
`
`Overview
`
`filoud recording is automaticallv enabled for all paid subscribers. When I,l'o-o record a meeting
`
`and choose Record to the flout-cl. fltevideo. audio. and chat text are recorded in the Zoom
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`cloud. The recording Files can be downloaded to a computer or streamed from a browser
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`You ran letotrJ vout 20m” Invellra lat vrelrlnar lnr ell-r to your Luz-minder or To the zoom clout!
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`the web. Locally- rerorded meetings and wehlnars can onlv be accessed on The computer that
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`necorcletl the meeting. lhls artlcle covers finding and viewing retordlnos [rare the coon-I
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`Finding and viewing recordings
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`1-.I'ie1.rl.'ing four recordings on the Zoom client Iwill show all cloud recordings done lav this
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`user and anv local recordings hv this user on this computer. it will not sl'lovltI local
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`Case 1:20-cv-02878-DDD Document 1 Filed 09/22/20 USDC Colorado Page 12 of 20
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`
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`22.
`
`The Product verifies that media content identified in the media data of the storage request
`
`message (e.g., request to record content) is available for storage in order to prevent data errors that
`
`would result from attempting to store content that is not available for storage. The Product must
`
`verify that the media content (e.g. specific recording) identified in the media data of the storage
`
`request message is available for storage in order to prevent data errors that would result from
`
`attempting to store content that is not available for storage (e.g., the product must verify a user’s
`
`ability to store video is limited to a certain amount of memory usage based upon their subscription;
`
`thus media content may not be available for storage if a user is already above their memory limit
`
`
`
`Case 1:20-cv-02878-DDD Document 1 Filed 09/22/20 USDC Colorado Page 13 of 20
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`or if the user has not subscribed to any service). Certain aspects of these elements are illustrated
`
`in the screenshots below and/or in those provided in connection with other allegations herein.
`
`
`
`
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`Case 1:20-cv-02878-DDD Document 1 Filed 09/22/20 USDC Colorado Page 14 of 20
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`
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`23. If a customer requests content (e.g., live streaming of media content), then a processor within
`
`the Product necessarily initiates delivery of the content to the customer’s device. The server will
`
`initiate delivery of the requested media content to the consumer device (e.g., stream media content
`
`feed to a smartphone or tablet etc.) if the request message is a content request message (e.g., request
`
`for live streaming). Certain aspects of these elements are illustrated in the screen shots below
`
`and/or in screen shots provided in connection with other allegations herein.
`
`
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`Case 1:20-cv-02878-DDD Document 1 Filed 09/22/20 USDC Colorado Page 15 of 20
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`24. The media data time data that indicates a length of time to store the requested media content
`
`(e.g. a user is allowed to store media content for limited amount of time as based upon their
`
`subscription level). Certain aspects of these elements are illustrated in the screenshots below and/or
`
`in those provided in connection with other allegations herein.
`
`
`
`Case 1:20-cv-02878-DDD Document 1 Filed 09/22/20 USDC Colorado Page 16 of 20
`Case 1:20-cv-02878—DDD Document 1 Filed 09/22/20 USDC Colorado Page 16 of 20
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`- Record meeting as WORM state {write once, read many}: After enabling this
`
`setting, cloud recordings cannot be edited or deleted in the web portal. If a
`
`retention time range has been configured, recordings can't be edited or deleted
`
`until the retention period expires.
`
`Note:
`
`specified amount of dates.
`
`. This setting needs to be enabled by zoom. After contacting support,
`
`please allow up to 3 business days for the feature to be enabled.
`
`-
`
`If you set an recording to auto delete, the time to auto delete will only
`
`apply atter the retention period expires.
`
`- Auto delete cloud recordings after days: Delete cloud recordings after the
`
`
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`Source: htt 5: Eu ort.zoom.us he en—us article 203?41855—Claud-.recordin
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`Case 1:20-cv-02878-DDD Document 1 Filed 09/22/20 USDC Colorado Page 17 of 20
`Case 1:20-cv-02878—DDD Document 1 Filed 09/22/20 USDC Colorado Page 17 of 20
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`Case 1:20-cv-02878-DDD Document 1 Filed 09/22/20 USDC Colorado Page 18 of 20
`
`
`25. The server must first determine whether the requested media content exists prior to initiating
`
`delivery in order to prevent data errors that would result from attempting to transmit media content
`
`that does not exist (e.g. the product must verify that a particular requested data is stored in the
`
`cloud). Certain aspects of these elements are illustrated in the screenshots below and/or in those
`
`provided in connection with other allegations herein.
`
`26. After the processor determines whether the requested media content is available, it determines
`
`whether there are restrictions associated with the requested media content (e.g., subscription level
`
`etc.). Certain aspects of these elements are illustrated in the screenshots provided in connection
`
`with other allegations herein.
`
`
`
`Case 1:20-cv-02878-DDD Document 1 Filed 09/22/20 USDC Colorado Page 19 of 20
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`27. Defendant’s actions complained of herein will continue unless Defendant is enjoined by this
`Court.
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`28. Defendant’s actions complained of herein is causing irreparable harm and monetary damage
`
`to Plaintiff and will continue to do so unless and until Defendant is enjoined and restrained by this
`
`Court.
`
`29. The `221 Patent is valid, enforceable, and was duly issued in full compliance with Title 35
`
`of the United States Code.
`
`30. A copy of the ‘221 Patent, titled “System and Method for Storing Broadcast Content in a
`
`Cloud-based Computing Environment,” is attached hereto as Exhibit A.
`
`31. By engaging in the conduct described herein, Defendant has injured Plaintiff and is liable
`
`for infringement of the `221 Patent, pursuant to 35 U.S.C. § 271.
`
`32. Defendant has committed these acts of literal infringement, or infringement under the doctrine
`
`of equivalents of the `221 Patent, without license or authorization.
`
`33. As a result of Defendant’s infringement of the `221 Patent, injured Plaintiff has suffered
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`monetary damages and is entitled to a monetary judgment in an amount adequate to compensate
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`for Defendant’s past infringement, together with interests and costs.
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`34. Plaintiff is in compliance with 35 U.S.C. § 287.
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`35. As such, Plaintiff is entitled to compensation for any continuing and/or future infringement
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`of the `221 Patent up until the date that Defendant ceases its infringing activities.
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`DEMAND FOR JURY TRIAL
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`36. Rothschild Broadcast Distribution Systems, under Rule 38 of the Federal Rules of Civil
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`Procedure, requests a trial by jury of any issues so triable by right.
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`
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`Case 1:20-cv-02878-DDD Document 1 Filed 09/22/20 USDC Colorado Page 20 of 20
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`WHEREFORE, Plaintiff asks the Court to:
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`PRAYER FOR RELIEF
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`(a) Enter judgment for Plaintiff on this Complaint on all cases of action asserted herein;
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`(b) Enter an Order enjoining Defendant, its agents, officers, servants, employees, attorneys, and
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`all persons in active concert or participation with Defendant who receives notice of the order from
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`further infringement of United States Patent No. 8,856,221 (or, in the alternative, awarding
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`Plaintiff running royalty from the time judgment going forward);
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`(c) Award Plaintiff damages resulting from Defendants infringement in accordance with 35 U.S.C.
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`§ 284;
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`(d) Award Plaintiff such further relief to which the Court finds Plaintiff entitled under law or
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`equity.
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`Dated: September 22, 2020
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`Respectfully submitted,
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`/s/ Jay Johnson
`JAY JOHNSON
`State Bar No. 24067322
`KIZZIA JOHNSON, PLLC
`1910 Pacific Avenue, Suite 13000
`Dallas, Texas 75201
`(214) 451-0164
`Fax: (214) 451-0165
`jay@kjpllc.com
`
`ATTORNEYS FOR PLAINTIFF
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`
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