Case 1:17-cv-00100-UNA Document 1 Filed 02/01/17 Page 1 of 11 PageID #: 1
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`
`
`
`C.A. No. _______________
`
`JURY TRIAL DEMANDED
`
`BLACKBIRD TECH LLC d/b/a
`BLACKBIRD TECHNOLOGIES,
`
`
`
` Plaintiff,
`
`
`v.
`
`NETFLIX, INC.,
`
`
`
`
`
`
`
` Defendant.
`
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`Plaintiff Blackbird Tech LLC d/b/a Blackbird Technologies (“Blackbird Technologies”)
`
`hereby alleges for its Complaint for Patent Infringement against Defendant Netflix, Inc.
`
`(“Netflix”) on personal knowledge as to its own activities and on information and belief as to all
`
`other matters, as follows:
`
`THE PARTIES
`
`1.
`
`Plaintiff Blackbird Technologies is a Delaware limited liability company with its
`
`principal place of business located at 200 Baker Avenue, Suite 203, Concord, Massachusetts
`
`01742.
`
`2.
`
`On information and belief, Defendant Netflix is a Delaware corporation. Netflix
`
`may be served via its registered agent, The Corporation Trust Company, Corporation Trust
`
`Center, 1209 Orange Street., Wilmington, Delaware 19801.
`
`JURISDICTION AND VENUE
`
`3.
`
`This is an action for patent infringement arising under the provisions of the Patent
`
`Laws of the United States of America, Title 35, United States Code §§ 100, et seq.
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`
`
`
`C.A. No. _______________
`
`JURY TRIAL DEMANDED
`
`BLACKBIRD TECH LLC d/b/a
`BLACKBIRD TECHNOLOGIES,
`
`
`
` Plaintiff,
`
`
`v.
`
`NETFLIX, INC.,
`
`
`
`
`
`
`
` Defendant.
`
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`Plaintiff Blackbird Tech LLC d/b/a Blackbird Technologies (“Blackbird Technologies”)
`
`hereby alleges for its Complaint for Patent Infringement against Defendant Netflix, Inc.
`
`(“Netflix”) on personal knowledge as to its own activities and on information and belief as to all
`
`other matters, as follows:
`
`THE PARTIES
`
`1.
`
`Plaintiff Blackbird Technologies is a Delaware limited liability company with its
`
`principal place of business located at 200 Baker Avenue, Suite 203, Concord, Massachusetts
`
`01742.
`
`2.
`
`On information and belief, Defendant Netflix is a Delaware corporation. Netflix
`
`may be served via its registered agent, The Corporation Trust Company, Corporation Trust
`
`Center, 1209 Orange Street., Wilmington, Delaware 19801.
`
`JURISDICTION AND VENUE
`
`3.
`
`This is an action for patent infringement arising under the provisions of the Patent
`
`Laws of the United States of America, Title 35, United States Code §§ 100, et seq.
`
`
`
`Case 1:17-cv-00100-UNA Document 1 Filed 02/01/17 Page 2 of 11 PageID #: 2
`
`4.
`
`Subject-matter jurisdiction over Blackbird Technologies’ claims is conferred upon
`
`this Court by 28 U.S.C. § 1331 (federal question jurisdiction) and 28 U.S.C. § 1338(a) (patent
`
`jurisdiction).
`
`5.
`
`This Court has personal jurisdiction over Netflix because Netflix is subject to
`
`general and specific jurisdiction in Delaware. Netflix has also established minimum contacts
`
`with this forum. Netflix has been incorporated in Delaware at all relevant times. Netflix
`
`regularly conducts business in Delaware, including by marketing, selling, and/or offering for sale
`
`subscriptions to movies and TV shows on-demand (the “Netflix Service”) through its website,
`
`www.netflix.com, which is accessible throughout the United States, including Delaware. Netflix
`
`has also specifically promoted the Netflix Service in this district. See, e.g.,
`
`http://www.delawareonline.com/story/news/2016/10/05/gilmore-girls-takes-over-loma-
`
`coffee/91598378/ (Netflix promotion held at a café in Wilmington, Delaware). The exercise of
`
`personal jurisdiction comports with Netflix’s right to due process because, as described above,
`
`Netflix has purposefully availed itself of the privilege of conducting activities within Delaware
`
`such that it should reasonably anticipate being haled into court here. As alleged herein, acts by
`
`Netflix in this district have caused injury to Blackbird Technologies.
`
`6.
`
`Venue is proper in this judicial district pursuant to 28 U.S.C. §§ 1391(b) and (c)
`
`and § 1400(b) at least because Netflix transacts business within this district and has committed
`
`acts in this district that infringe U.S. Patent No. 7,174,362.
`
`U.S. PATENT NO. 7,174,362
`
`7.
`
`U.S. Patent No. 7,174,362 (the “’362 patent” or “patent-in-suit”) entitled,
`
`“Method and System for Supplying Products from Pre-Stored Digital Data in Response to
`
`Demands Transmitted via Computer Network,” was duly and legally issued by the U.S. Patent
`
`2
`
`
`
`Case 1:17-cv-00100-UNA Document 1 Filed 02/01/17 Page 3 of 11 PageID #: 3
`
`and Trademark Office on February 6, 2007. Blackbird Technologies is the owner by assignment
`
`of all right, title, and interest in and to the ’362 patent, including all right to recover for any and
`
`all infringement thereof. The ’362 patent is valid and enforceable. A true and correct copy of
`
`the ’362 patent is attached as Exhibit A.
`
`8.
`
`Claim 2 of the ’362 patent recites, for example, a computer-implemented method
`
`of digital data duplication whereby requests are processed by a computer over a network. The
`
`computer comprises modules configured to execute the requests: A first module configured to
`
`create a task log based on incoming requests; a second module configured to store all available
`
`digital data for duplication, which comprises an expandable indexed archive of digital data, and a
`
`resource file for an output device; and a third module configured to retrieve requested digital
`
`data, download the data to an output device, and command the output device to transfer the data
`
`onto media.
`
`9.
`
`Claim 10 of the ’362 patent recites, for example, a computer-implemented method
`
`of digital data duplication whereby requests are processed by a computer over a network. The
`
`computer comprises modules configured to execute the requests: A first module configured to
`
`create a task log based on incoming requests; a second module configured to store all available
`
`digital data for duplication; and a third module configured to retrieve requested digital data,
`
`download the data to an output device, and command the output device to transfer the data onto
`
`media. The storage capacity remaining in an output device is tracked.
`
`3
`
`
`
`Case 1:17-cv-00100-UNA Document 1 Filed 02/01/17 Page 4 of 11 PageID #: 4
`
`COUNT I – INFRINGEMENT OF U.S. PATENT NO. 7,174,362
`
`10.
`
`Blackbird Technologies reasserts and incorporates by reference Paragraphs 1
`
`through 9 of this Complaint as if fully set forth herein.
`
`11.
`
`The Netflix Service is accessible from multiple devices, including mobile devices.
`
`The latest version of the Netflix iOS app or Netflix Android app enables Netflix Service
`
`subscribers to download certain TV shows and movies to their mobile device for offline viewing
`
`(the “Netflix App”):
`
`(Downloading TV shows and movies on Netflix, NETFLIX,
`
`https://help.netflix.com/en/node/54816.)
`
`
`
`12.
`
`Netflix stores an expandable indexed archive of TV shows and movies, certain of
`
`which are available for download to a mobile device with the Netflix App:
`
`
`
`4
`
`
`
`Case 1:17-cv-00100-UNA Document 1 Filed 02/01/17 Page 5 of 11 PageID #: 5
`
`(screenshot from Netflix App for Android 4.12.2 build 14444 (listing TV shows and movies
`
`available for download onto the mobile device.)
`
`13.
`
`Netflix takes download requests for certain TV shows and movies from the
`
`
`
`Netflix App upon selection of a download icon
`
`. For example:
`
`5
`
`
`
`Case 1:17-cv-00100-UNA Document 1 Filed 02/01/17 Page 6 of 11 PageID #: 6
`
`(screenshot from Netflix App for Android 4.12.2 build 14444.)
`
`
`
`(Downloading TV shows and movies on Netflix, NETFLIX,
`
`https://help.netflix.com/en/node/54816.)
`
`6
`
`
`
`
`
`Case 1:17-cv-00100-UNA Document 1 Filed 02/01/17 Page 7 of 11 PageID #: 7
`
`
`
`14.
`
`After Netflix processes a Netflix Service subscriber’s download request for a TV
`
`show or movie, that TV show or movie is stored on that Netflix Service subscriber’s mobile
`
`device such that it can be viewed offline:
`
`(screenshot from Netflix App for Android 4.12.2 build 14444 (showing option to play
`
`
`
`downloaded movie).)
`
`15.
`
`Netflix creates a task log based on incoming download requests as evidenced by,
`
`for example, the downloaded TV show or movie’s identification on a Netflix Service
`
`subscriber’s activity history:
`
`7
`
`
`
`Case 1:17-cv-00100-UNA Document 1 Filed 02/01/17 Page 8 of 11 PageID #: 8
`
`(My Activity, NETFLIX, https://www.netflix.com/viewingactivity (screenshot from “My Activity”
`
`page for logged in Netflix Service subscriber identifying a downloaded movie).)
`
`16.
`
`Netflix maintains information associated with the Netflix Service subscriber’s
`
`mobile device, including for example any download limitations:
`
`
`
`
`
`8
`
`
`
`Case 1:17-cv-00100-UNA Document 1 Filed 02/01/17 Page 9 of 11 PageID #: 9
`
`(Edit Profile, NETFLIX, https://www.netflix.com/EditProfiles (screenshot from “Edit Profile”
`
`page for logged in Netflix Service subscriber).)
`
`17.
`
`Netflix tracks the storage capacity remaining in the Netflix Service subscriber’s
`
`mobile device:
`
`
`
`
`
`(messages displayed on Netflix App for Android 4.12.2 build 14444 after a queued Netflix
`
`Service download request causes the total size of the pending downloads to exceed the mobile
`
`device’s available storage space).
`
`18.
`
`Therefore, Netflix, pursuant to 35 U.S.C. § 271(a), has directly infringed and
`
`continues to directly infringe, literally and/or under the doctrine of equivalents, one of more
`
`claims of the ’362 patent, including at least claims 2 and 10.
`
`Damages
`
`19.
`
`Blackbird Technologies has sustained damages as a direct and proximate result of
`
`Defendant’s infringement of the ’362 patent.
`
`20.
`
`As a consequence of Defendant’s past infringement of the ’362 patent, Blackbird
`
`Technologies is entitled to the recovery of past damages in the form of, at a minimum, a
`
`reasonable royalty.
`
`9
`
`
`
`Case 1:17-cv-00100-UNA Document 1 Filed 02/01/17 Page 10 of 11 PageID #: 10
`
`21.
`
`As a consequence of Defendant’s continued and future infringement of the ’362
`
`patent, Blackbird Technologies is entitled to royalties for its infringement of the ’362 patent on a
`
`going-forward basis.
`
`PRAYER FOR RELIEF
`
`WHEREFORE, Blackbird Technologies respectfully requests that this Court enter
`
`judgment against Defendant, as follows:
`
`A.
`
`Adjudging that Defendant has infringed at least claims 2 and 10 of the ’362 patent
`
`literally and/or under the doctrine of equivalents, in violation of 35 U.S.C. § 271(a);
`
`B.
`
`An award of damages to be paid by Defendant adequate to compensate Blackbird
`
`Technologies for Defendant’s past infringement and any continuing or future infringement up
`
`until the date such judgment is entered, and in no event less than a reasonable royalty, including
`
`interest, costs, and disbursements pursuant to 35 U.S.C. § 284;
`
`C.
`
`Ordering Defendant to continue to pay royalties to Blackbird Technologies for
`
`infringement of the ’362 patent on a going-forward basis;
`
`D.
`
`Adjudging that this case be exceptional under 35 U.S.C. § 285 and awarding
`
`enhanced damages, including costs and attorneys’ fees, to Blackbird Technologies;
`
`E.
`
`Awarding Blackbird Technologies pre-judgment and post-judgment interest at the
`
`maximum rate permitted by law on its damages; and
`
`F.
`
`Granting Blackbird Technologies such further relief as this Court deems just and
`
`proper under the circumstances.
`
`DEMAND FOR JURY TRIAL
`
`Blackbird Technologies demands a trial by jury on all claims and issues so triable.
`
`
`
`10
`
`
`
`Case 1:17-cv-00100-UNA Document 1 Filed 02/01/17 Page 11 of 11 PageID #: 11
`
`Dated: February 1, 2017
`
`OF COUNSEL
`
`Christopher Freeman
`cfreeman@blackbird-tech.com
`Wendy Verlander
`wverlander@blackbird-tech.com
`John Handy
`jhandy@blackbird-tech.com
`Blackbird Tech LLC d/b/a
`Blackbird Technologies
`One Boston Place, Suite 2600
`Boston, MA 02108
`(617) 307-7100
`
`
`
`
`
`STAMOULIS & WEINBLATT LLC
`
`/s/ Stamatios Stamoulis
`Stamatios Stamoulis #4606
` stamoulis@swdelaw.com
`Richard C. Weinblatt #5080
` weinblatt@swdelaw.com
`Two Fox Point Centre
`6 Denny Road, Suite 307
`Wilmington, DE 19809
`(302) 999-1540
`
`Attorneys for Plaintiff
`Blackbird Tech LLC
`d/b/a Blackbird Technologies
`
`11
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
