`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`
`
`
`Cedar Lane Technologies Inc.,
`
`
`
`Case No. [insert]
`
`Patent Case
`
`Jury Trial Demanded
`
`Plaintiff,
`
`v.
`
`Livexlive Media, Inc.,
`
`Defendant.
`
`
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`Plaintiff Cedar Lane Technologies Inc. (“Plaintiff”), through its attorneys, complains of
`
`Livexlive Media, Inc. (“Defendant”), and alleges the following:
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`PARTIES
`
`1.
`
`Plaintiff Cedar Lane Technologies Inc. is a corporation organized and existing
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`under the laws of Canada that maintains its principal place of business at 560 Baker Street, Suite
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`1, Nelson, BC V1L 4H9.
`
`2.
`
`Defendant Livexlive Media, Inc. is a corporation organized and existing under the
`
`laws of Delaware that maintains an established place of business at 269 S Beverly Dr #1450,
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`Beverly Hills, CA 90212.
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`JURISDICTION
`
`3.
`
`This is an action for patent infringement arising under the patent laws of the
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`United States, Title 35 of the United States Code.
`
`4.
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`This Court has exclusive subject matter jurisdiction under 28 U.S.C. §§ 1331 and
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`1338(a).
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`
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`1
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`Case 1:20-cv-01370-UNA Document 1 Filed 10/09/20 Page 2 of 14 PageID #: 2
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`5.
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`This Court has personal jurisdiction over Defendant because it has engaged in
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`systematic and continuous business activities in this District and is incorporated in this District’s
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`state. As described below, Defendant has committed acts of patent infringement giving rise to
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`this action within this District.
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`VENUE
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`6.
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`Venue is proper in this District under 28 U.S.C. § 1400(b) because Defendant has
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`committed acts of patent infringement in this District and is incorporated in this District’s state.
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`PATENTS-IN-SUIT
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`7.
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`Plaintiff is the assignee of all right, title and interest in United States Patent Nos.
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`6,452,609; 6,502,194; 6,526,411; 6,721,489; 7,173,177; 7,610,394 (the “Patents-in-Suit”);
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`including all rights to enforce and prosecute actions for infringement and to collect damages for
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`all relevant times against infringers of the Patents-in-Suit. Accordingly, Plaintiff possesses the
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`exclusive right and standing to prosecute the present action for infringement of the Patents-in-
`
`Suit by Defendant.
`
`THE ’609 PATENT
`
`8.
`
`The ’609 Patent is entitled “Web application for accessing media streams,” and
`
`issued 09/17/2002. The application leading to the ’609 Patent was filed on 11/06/1998. A true
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`and correct copy of the ’609 Patent is attached hereto as Exhibit 1 and incorporated herein by
`
`reference.
`
`9.
`
`The ’609 Patent is valid and enforceable.
`
`THE ’194 PATENT
`
`10.
`
`The ’194 Patent is entitled “System for playback of network audio material on
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`demand,” and issued 12/31/2002. The application leading to the ’194 Patent was filed on
`
`
`
`2
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`
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`Case 1:20-cv-01370-UNA Document 1 Filed 10/09/20 Page 3 of 14 PageID #: 3
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`04/16/1999. A true and correct copy of the ’194 Patent is attached hereto as Exhibit 2 and
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`incorporated herein by reference.
`
`11.
`
`The ’194 Patent is valid and enforceable.
`
`THE ’411 PATENT
`
`12.
`
`The ’411 Patent is entitled “System and method for creating dynamic playlists,”
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`and issued 02/25/2003. The application leading to the ’411 Patent was filed on 11/15/2000. A
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`true and correct copy of the ’411 Patent is attached hereto as Exhibit 3 and incorporated herein
`
`by reference.
`
`13.
`
`The ’411 Patent is valid and enforceable.
`
`THE ’489 PATENT
`
`14.
`
`The ’489 Patent is entitled “Play list manager,” and issued 04/13/2004. The
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`application leading to the ’489 Patent was filed on 03/08/2000. A true and correct copy of the
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`’489 Patent is attached hereto as Exhibit 4 and incorporated herein by reference.
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`15.
`
`The ’489 Patent is valid and enforceable.
`
`THE ’177 PATENT
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`16.
`
`The ’177 Patent is entitled “User interface for simultaneous management of
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`owned and unowned inventory,” and issued 02/06/2007. The application leading to the ’177
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`Patent was filed on 10/29/2003. A true and correct copy of the ’177 Patent is attached hereto as
`
`Exhibit 5 and incorporated herein by reference.
`
`17.
`
`The ’177 Patent is valid and enforceable.
`
`THE ’394 PATENT
`
`18.
`
`The ’394 Patent is entitled “Web application for accessing media streams,” and
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`issued 10/27/2009. The application leading to the ’394 Patent was filed on 07/31/2002. A true
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`
`
`3
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`
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`Case 1:20-cv-01370-UNA Document 1 Filed 10/09/20 Page 4 of 14 PageID #: 4
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`and correct copy of the ’394 Patent is attached hereto as Exhibit 6 and incorporated herein by
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`reference.
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`19.
`
`The ’394 Patent is valid and enforceable.
`
`COUNT 1: INFRINGEMENT OF THE ’609 PATENT
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`Plaintiff incorporates the above paragraphs herein by reference.
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`Direct Infringement. Defendant has been and continues to directly infringe
`
`20.
`
`21.
`
`one or more claims of the ’609 Patent in at least this District by making, using, offering to sell,
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`selling and/or importing, without limitation, at least the Defendant products identified in the
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`charts incorporated into this Count below (among the “Exemplary Defendant Products”) that
`
`infringe at least the exemplary claims of the ’609 Patent also identified in the charts
`
`incorporated into this Count below (the “Exemplary ’609 Patent Claims”) literally or by the
`
`doctrine of equivalents. On information and belief, numerous other devices that infringe the
`
`claims of the ’609 Patent have been made, used, sold, imported, and offered for sale by
`
`Defendant and/or its customers.
`
`22.
`
`Defendant also has and continues to directly infringe, literally or under the
`
`doctrine of equivalents, the Exemplary ’609 Patent Claims, by having its employees internally
`
`test and use these Exemplary Products.
`
`23.
`
`Exhibit 7 includes charts comparing the Exemplary ’609 Patent Claims to the
`
`Exemplary Defendant Products. As set forth in these charts, the Exemplary Defendant
`
`Products practice the technology claimed by the ’609 Patent. Accordingly, the Exemplary
`
`Defendant Products incorporated in these charts satisfy all elements of the Exemplary ’609
`
`Patent Claims.
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`
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`4
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`Case 1:20-cv-01370-UNA Document 1 Filed 10/09/20 Page 5 of 14 PageID #: 5
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`24.
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`Plaintiff therefore incorporates by reference in its allegations herein the claim
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`charts of Exhibit 7.
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`25.
`
`Plaintiff is entitled to recover damages adequate to compensate for Defendants
`
`infringement.
`
`26.
`
`27.
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`COUNT 2: INFRINGEMENT OF THE ’194 PATENT
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`Plaintiff incorporates the above paragraphs herein by reference.
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`Direct Infringement. Defendant has been and continues to directly infringe
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`one or more claims of the ’194 Patent in at least this District by making, using, offering to sell,
`
`selling and/or importing, without limitation, at least the Defendant products identified in the
`
`charts incorporated into this Count below (among the “Exemplary Defendant Products”) that
`
`infringe at least the exemplary claims of the ’194 Patent also identified in the charts
`
`incorporated into this Count below (the “Exemplary ’194 Patent Claims”) literally or by the
`
`doctrine of equivalents. On information and belief, numerous other devices that infringe the
`
`claims of the ’194 Patent have been made, used, sold, imported, and offered for sale by
`
`Defendant and/or its customers.
`
`28.
`
`Defendant also has and continues to directly infringe, literally or under the
`
`doctrine of equivalents, the Exemplary ’194 Patent Claims, by having its employees internally
`
`test and use these Exemplary Products.
`
`29.
`
`Exhibit 8 includes charts comparing the Exemplary ’194 Patent Claims to the
`
`Exemplary Defendant Products. As set forth in these charts, the Exemplary Defendant
`
`Products practice the technology claimed by the ’194 Patent. Accordingly, the Exemplary
`
`Defendant Products incorporated in these charts satisfy all elements of the Exemplary ’194
`
`Patent Claims.
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`
`
`5
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`Case 1:20-cv-01370-UNA Document 1 Filed 10/09/20 Page 6 of 14 PageID #: 6
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`30.
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`Plaintiff therefore incorporates by reference in its allegations herein the claim
`
`charts of Exhibit 8.
`
`31.
`
`Plaintiff is entitled to recover damages adequate to compensate for Defendants
`
`infringement.
`
`32.
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`33.
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`COUNT 3: INFRINGEMENT OF THE ’411 PATENT
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`Plaintiff incorporates the above paragraphs herein by reference.
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`Direct Infringement. Defendant has been and continues to directly infringe
`
`one or more claims of the ’411 Patent in at least this District by making, using, offering to sell,
`
`selling and/or importing, without limitation, at least the Defendant products identified in the
`
`charts incorporated into this Count below (among the “Exemplary Defendant Products”) that
`
`infringe at least the exemplary claims of the ’411 Patent also identified in the charts
`
`incorporated into this Count below (the “Exemplary ’411 Patent Claims”) literally or by the
`
`doctrine of equivalents. On information and belief, numerous other devices that infringe the
`
`claims of the ’411 Patent have been made, used, sold, imported, and offered for sale by
`
`Defendant and/or its customers.
`
`34.
`
`Defendant also has and continues to directly infringe, literally or under the
`
`doctrine of equivalents, the Exemplary ’411 Patent Claims, by having its employees internally
`
`test and use these Exemplary Products.
`
`
`
`35.
`
`Actual Knowledge of Infringement. The service of this Complaint upon
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`Defendant constitutes actual knowledge of infringement as alleged here.
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`36.
`
`Despite such actual knowledge, Defendant continues to make, use, test, sell,
`
`offer for sale, market, and/or import into the United States, products that infringe the ’411
`
`Patent. On information and belief, Defendant has also continued to sell the Exemplary
`
`
`
`6
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`Case 1:20-cv-01370-UNA Document 1 Filed 10/09/20 Page 7 of 14 PageID #: 7
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`Defendant Products and distribute product literature and website materials inducing end users
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`and others to use its products in the customary and intended manner that infringes the ’411
`
`Patent. See Exhibit 9 (described below).
`
`37.
`
`Induced Infringement. Defendant therefore actively, knowingly, and
`
`intentionally has been and continues to induce infringement of the ’411 Patent, literally or by
`
`the doctrine of equivalents, by selling Exemplary Defendant Products to their customers for
`
`use in end-user products in a manner that infringes one or more claims of the ’411 Patent.
`
`38.
`
`Contributory Infringement. Defendant therefore actively, knowingly, and
`
`intentionally has been and continues materially contribute to their own customers infringement
`
`of the ’411 Patent, literally or by the doctrine of equivalents, by selling Exemplary Defendant
`
`Products to their customers for use in end-user products in a manner that infringes one or more
`
`claims of the ’411 Patent. The Exemplary Defendant Products are especially made or adapted
`
`for infringing the ’411 Patent and have no substantial non-infringing use. For example, in view
`
`of the preceding paragraphs, the Exemplary Defendant Products contain functionality which is
`
`material to at least one claim of the ’411 Patent.
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`39.
`
`Exhibit 9 includes charts comparing the Exemplary ’411 Patent Claims to the
`
`Exemplary Defendant Products. As set forth in these charts, the Exemplary Defendant
`
`Products practice the technology claimed by the ’411 Patent. Accordingly, the Exemplary
`
`Defendant Products incorporated in these charts satisfy all elements of the Exemplary ’411
`
`Patent Claims.
`
`40.
`
`Plaintiff therefore incorporates by reference in its allegations herein the claim
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`charts of Exhibit 9.
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`
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`7
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`Case 1:20-cv-01370-UNA Document 1 Filed 10/09/20 Page 8 of 14 PageID #: 8
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`41.
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`Plaintiff is entitled to recover damages adequate to compensate for Defendants
`
`infringement.
`
`42.
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`43.
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`COUNT 4: INFRINGEMENT OF THE ’489 PATENT
`
`Plaintiff incorporates the above paragraphs herein by reference.
`
`Direct Infringement. Defendant has been and continues to directly infringe
`
`one or more claims of the ’489 Patent in at least this District by making, using, offering to sell,
`
`selling and/or importing, without limitation, at least the Defendant products identified in the
`
`charts incorporated into this Count below (among the “Exemplary Defendant Products”) that
`
`infringe at least the exemplary claims of the ’489 Patent also identified in the charts
`
`incorporated into this Count below (the “Exemplary ’489 Patent Claims”) literally or by the
`
`doctrine of equivalents. On information and belief, numerous other devices that infringe the
`
`claims of the ’489 Patent have been made, used, sold, imported, and offered for sale by
`
`Defendant and/or its customers.
`
`44.
`
`Defendant also has and continues to directly infringe, literally or under the
`
`doctrine of equivalents, the Exemplary ’489 Patent Claims, by having its employees internally
`
`test and use these Exemplary Products.
`
`45.
`
`Exhibit 10 includes charts comparing the Exemplary ’489 Patent Claims to the
`
`Exemplary Defendant Products. As set forth in these charts, the Exemplary Defendant
`
`Products practice the technology claimed by the ’489 Patent. Accordingly, the Exemplary
`
`Defendant Products incorporated in these charts satisfy all elements of the Exemplary ’489
`
`Patent Claims.
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`46.
`
`Plaintiff therefore incorporates by reference in its allegations herein the claim
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`charts of Exhibit 10.
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`
`
`8
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`Case 1:20-cv-01370-UNA Document 1 Filed 10/09/20 Page 9 of 14 PageID #: 9
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`47.
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`Plaintiff is entitled to recover damages adequate to compensate for Defendants
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`infringement.
`
`48.
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`49.
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`COUNT 5: INFRINGEMENT OF THE ’177 PATENT
`
`Plaintiff incorporates the above paragraphs herein by reference.
`
`Direct Infringement. Defendant has been and continues to directly infringe
`
`one or more claims of the ’177 Patent in at least this District by making, using, offering to sell,
`
`selling and/or importing, without limitation, at least the Defendant products identified in the
`
`charts incorporated into this Count below (among the “Exemplary Defendant Products”) that
`
`infringe at least the exemplary claims of the ’177 Patent also identified in the charts
`
`incorporated into this Count below (the “Exemplary ’177 Patent Claims”) literally or by the
`
`doctrine of equivalents. On information and belief, numerous other devices that infringe the
`
`claims of the ’177 Patent have been made, used, sold, imported, and offered for sale by
`
`Defendant and/or its customers.
`
`50.
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`Defendant also has and continues to directly infringe, literally or under the
`
`doctrine of equivalents, the Exemplary ’177 Patent Claims, by having its employees internally
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`test and use these Exemplary Products.
`
`
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`51.
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`Actual Knowledge of Infringement. The service of this Complaint upon
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`Defendant constitutes actual knowledge of infringement as alleged here.
`
`52.
`
`Despite such actual knowledge, Defendant continues to make, use, test, sell,
`
`offer for sale, market, and/or import into the United States, products that infringe the ’177
`
`Patent. On information and belief, Defendant has also continued to sell the Exemplary
`
`Defendant Products and distribute product literature and website materials inducing end users
`
`
`
`9
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`Case 1:20-cv-01370-UNA Document 1 Filed 10/09/20 Page 10 of 14 PageID #: 10
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`and others to use its products in the customary and intended manner that infringes the ’177
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`Patent. See Exhibit 11 (described below).
`
`53.
`
`Induced Infringement. Defendant therefore actively, knowingly, and
`
`intentionally has been and continues to induce infringement of the ’177 Patent, literally or by
`
`the doctrine of equivalents, by selling Exemplary Defendant Products to their customers for
`
`use in end-user products in a manner that infringes one or more claims of the ’177 Patent.
`
`54.
`
`Contributory Infringement. Defendant therefore actively, knowingly, and
`
`intentionally has been and continues materially contribute to their own customers infringement
`
`of the ’177 Patent, literally or by the doctrine of equivalents, by selling Exemplary Defendant
`
`Products to their customers for use in end-user products in a manner that infringes one or more
`
`claims of the ’177 Patent. The Exemplary Defendant Products are especially made or adapted
`
`for infringing the ’177 Patent and have no substantial non-infringing use. For example, in view
`
`of the preceding paragraphs, the Exemplary Defendant Products contain functionality which is
`
`material to at least one claim of the ’177 Patent.
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`55.
`
`Exhibit 11 includes charts comparing the Exemplary ’177 Patent Claims to the
`
`Exemplary Defendant Products. As set forth in these charts, the Exemplary Defendant
`
`Products practice the technology claimed by the ’177 Patent. Accordingly, the Exemplary
`
`Defendant Products incorporated in these charts satisfy all elements of the Exemplary ’177
`
`Patent Claims.
`
`56.
`
`Plaintiff therefore incorporates by reference in its allegations herein the claim
`
`charts of Exhibit 11.
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`57.
`
`Plaintiff is entitled to recover damages adequate to compensate for Defendants
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`infringement.
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`
`
`10
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`Case 1:20-cv-01370-UNA Document 1 Filed 10/09/20 Page 11 of 14 PageID #: 11
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`COUNT 6: INFRINGEMENT OF THE ’394 PATENT
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`Plaintiff incorporates the above paragraphs herein by reference.
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`Direct Infringement. Defendant has been and continues to directly infringe
`
`58.
`
`59.
`
`one or more claims of the ’394 Patent in at least this District by making, using, offering to sell,
`
`selling and/or importing, without limitation, at least the Defendant products identified in the
`
`charts incorporated into this Count below (among the “Exemplary Defendant Products”) that
`
`infringe at least the exemplary claims of the ’394 Patent also identified in the charts
`
`incorporated into this Count below (the “Exemplary ’394 Patent Claims”) literally or by the
`
`doctrine of equivalents. On information and belief, numerous other devices that infringe the
`
`claims of the ’394 Patent have been made, used, sold, imported, and offered for sale by
`
`Defendant and/or its customers.
`
`60.
`
`Defendant also has and continues to directly infringe, literally or under the
`
`doctrine of equivalents, the Exemplary ’394 Patent Claims, by having its employees internally
`
`test and use these Exemplary Products.
`
`61.
`
`Exhibit 12 includes charts comparing the Exemplary ’394 Patent Claims to the
`
`Exemplary Defendant Products. As set forth in these charts, the Exemplary Defendant
`
`Products practice the technology claimed by the ’394 Patent. Accordingly, the Exemplary
`
`Defendant Products incorporated in these charts satisfy all elements of the Exemplary ’394
`
`Patent Claims.
`
`62.
`
`Plaintiff therefore incorporates by reference in its allegations herein the claim
`
`charts of Exhibit 12.
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`63.
`
`Plaintiff is entitled to recover damages adequate to compensate for Defendants
`
`infringement.
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`
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`JURY DEMAND
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`11
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`Case 1:20-cv-01370-UNA Document 1 Filed 10/09/20 Page 12 of 14 PageID #: 12
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`64.
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`Under Rule 38(b) of the Federal Rules of Civil Procedure, Plaintiff respectfully
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`requests a trial by jury on all issues so triable.
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`WHEREFORE, Plaintiff respectfully requests the following relief:
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`PRAYER FOR RELIEF
`
`A.
`
`B.
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`C.
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`D.
`
`E.
`
`F.
`
`G.
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`A judgment that the ’609 Patent is valid and enforceable
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`A judgment that the ’194 Patent is valid and enforceable
`
`A judgment that the ’411 Patent is valid and enforceable
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`A judgment that the ’489 Patent is valid and enforceable
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`A judgment that the ’177 Patent is valid and enforceable
`
`A judgment that the ’394 Patent is valid and enforceable
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`A judgment that Defendant has infringed directly one or more claims of the ’609
`
`Patent;
`
`H.
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`A judgment that Defendant has infringed directly one or more claims of the ’194
`
`Patent;
`
`I.
`
`J.
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`A judgment that Defendant has infringed directly, contributorily, and/or induced
`
`infringement of one or more claims of the ’411 Patent;
`
`A judgment that Defendant has infringed directly one or more claims of the ’489
`
`Patent;
`
`K.
`
`A judgment that Defendant has infringed directly, contributorily, and/or induced
`
`infringement of one or more claims of the ’177 Patent;
`
`L.
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`A judgment that Defendant has infringed directly one or more claims of the ’394
`
`Patent;
`
`M.
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`An accounting of all damages not presented at trial;
`
`
`
`12
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`
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`Case 1:20-cv-01370-UNA Document 1 Filed 10/09/20 Page 13 of 14 PageID #: 13
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`N.
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`A judgment that awards Plaintiff all appropriate damages under 35 U.S.C. § 284
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`for Defendants past infringement with respect to the ’609 Patent.
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`O.
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`A judgment that awards Plaintiff all appropriate damages under 35 U.S.C. § 284
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`for Defendants past infringement with respect to the ’194 Patent.
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`P.
`
`A judgment that awards Plaintiff all appropriate damages under 35 U.S.C. § 284
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`for Defendants past infringement with respect to the ’411 Patent.
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`Q.
`
`A judgment that awards Plaintiff all appropriate damages under 35 U.S.C. § 284
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`for Defendants past infringement with respect to the ’489 Patent.
`
`R.
`
`A judgment that awards Plaintiff all appropriate damages under 35 U.S.C. § 284
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`for Defendants past infringement with respect to the ’177 Patent.
`
`S.
`
`A judgment that awards Plaintiff all appropriate damages under 35 U.S.C. § 284
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`for Defendants past infringement with respect to the ’394 Patent.
`
`T.
`
`A judgment that awards Plaintiff all appropriate damages under 35 U.S.C. § 284
`
`for Defendants continuing or future infringement, up until the date such judgment
`
`is entered with respect to the ’411; ’177 Patents, including pre- or post-judgment
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`interest, costs, and disbursements as justified under 35 U.S.C. § 284;
`
`U.
`
`And, if necessary, to adequately compensate Plaintiff for Defendants infringement,
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`an accounting:
`
`i.
`
`that this case be declared exceptional within the meaning of 35 U.S.C. § 285
`
`and that Plaintiff be awarded its reasonable attorneys fees against Defendant
`
`that it incurs in prosecuting this action;
`
`ii.
`
`that Plaintiff be awarded costs, and expenses that it incurs in prosecuting this
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`action; and
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`
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`13
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`
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`Case 1:20-cv-01370-UNA Document 1 Filed 10/09/20 Page 14 of 14 PageID #: 14
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`iii.
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`that Plaintiff be awarded such further relief at law or in equity as the Court
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`deems just and proper.
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`Dated: October 9, 2020
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`Respectfully submitted,
`
`
`/s/ Raeann Warner
`Raeann Warner
`Jacobs & Crumplar, P.A.
`750 Shipyard Drive, Suite 200
`Wilmington, DE 19801
`(302) 656-5445
`raeann@jcdelaw.com
`
`Isaac Rabicoff
`Rabicoff Law LLC
`(Pro Hac Vice admission pending)
`5680 King Centre Dr, Suite 645
`Alexandria, VA 22315
`(773) 669-4590
`isaac@rabilaw.com
`
`Counsel for Plaintiff
`Cedar Lane Technologies Inc.
`
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`14
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`