BUFFALO PATENTS, LLC,
`
`
`Plaintiff,
`
`
`v.
`
`
`SPOTIFY TECHNOLOGY S.A., SPOTIFY
`AB, and SPOTIFY USA INC.
`Defendants.
`
`
`CIVIL ACTION NO. _________
`
`
`
`
`JURY TRIAL DEMANDED
`
`
`Case 1:22-cv-01335-UNA Document 1 Filed 10/11/22 Page 1 of 36 PageID #: 1
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`
`
`
`
`
`ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT
`
`
`
`Plaintiff Buffalo Patents, LLC (“Buffalo Patents” or “Plaintiff”) files this original
`
`complaint against Defendants Spotify Technology S.A., Spotify AB, and Spotify USA Inc.
`
`(“Spotify” or “Defendant”), alleging, based on its own knowledge as to itself and its own actions
`
`and based on information and belief as to all other matters, as follows:
`
`PARTIES
`
`1.
`
`Buffalo Patents is a limited liability company formed under the laws of the State
`
`of Texas, with its principal place of business at 1200 Silver Hill Dr., Austin, Texas, 78746.
`
`2.
`
`Defendant Spotify Technology S.A. (“Spotify Technology”) is a company duly
`
`organized and existing under the laws of the Grand Duchy of Luxembourg, with a place of
`
`business located at Regeringsgatan 19, SE-111 53 Stockholm, Sweden.
`
`3.
`
`Spotify Technology, together with its subsidiaries, is an audio streaming and
`
`media services provider. It describes itself as “the world’s most popular audio streaming
`
`subscription service with a community of more than 433 million users, including 188 million
`
`Spotify Premium subscribers, across 183 markets.”1
`
`                                                            
`1 See About Spotify, https://investors.spotify.com/about/default.aspx.
`
`

`

`Case 1:22-cv-01335-UNA Document 1 Filed 10/11/22 Page 2 of 36 PageID #: 2
`
`4.
`
`Defendant Spotify AB is a company duly organized and existing under the laws
`
`of Sweden, with a place of business located at Regeringsgatan 19, SE-111 53, Stockholm,
`
`Sweden.
`
`5.
`
`Spotify AB is a wholly owned subsidiary of Spotify Technology. Spotify AB is
`
`the main operating company of Spotify.
`
`6.
`
`Defendant Spotify USA Inc. (“Spotify USA”) is a corporation organized and
`
`existing under the laws of the State of Delaware. Spotify USA Inc. may be served with process
`
`through its registered agent, National Registered Agents, Inc., 1209 Orange St., Wilmington,
`
`Delaware, 19801.
`
`7.
`
`Spotify USA is a wholly owned subsidiary of Spotify AB. Spotify USA is the
`
`American operating company for Spotify.
`
`8.
`
`The Defendants named above and their affiliates are part of the same corporate
`
`structure and distribution chain for the making, importing, offering to sell, selling, and using of
`
`the accused devices in the United States, including in the State of Delaware generally and this
`
`judicial district in particular. Spotify’s annual report, for instance, states that the term “Spotify”
`
`refers to “Spotify Technology S.A. and its direct and indirect subsidiaries on a consolidated
`
`basis.”2
`
`9.
`
`The Defendants named above and their affiliates share the same management,
`
`common ownership, advertising platforms, facilities, distribution chains and platforms, and
`
`accused product lines and products involving related technologies.
`
`                                                            
`2 See Spotify’s Annual Report, at 1 (2021),
`https://s29.q4cdn.com/175625835/files/doc_financials/2021/AR/2021-Spotify-AR.pdf.
`
` 
`
`2
`
` 
`
`

`

`Case 1:22-cv-01335-UNA Document 1 Filed 10/11/22 Page 3 of 36 PageID #: 3
`
`10.
`
`Thus, the Defendants named above and their affiliates operate as a unitary
`
`business venture and are jointly and severally liable for the acts of patent infringement alleged
`
`herein.
`
`11.
`
`The parties to this action are properly joined under 35 U.S.C. § 299 because the
`
`right to relief asserted against defendants jointly and severally arises out of the same series of
`
`transactions or occurrences relating to the making and using of the same products or processes.
`
`Additionally, questions of fact common to all defendants will arise in this action.
`
`JURISDICTION AND VENUE
`
`12.
`
`This is an action for infringement of United States patents arising under 35 U.S.C.
`
`§§ 271, 281, and 284–85, among others. This Court has subject matter jurisdiction of the action
`
`under 28 U.S.C. § 1331 and § 1338(a).
`
`13.
`
`This Court has personal jurisdiction over Spotify pursuant to due process and/or
`
`the Delaware Long Arm Statute because, inter alia, (i) Spotify has done and continues to do
`
`business in Delaware, (ii) Spotify regularly does or solicits business, engages in other persistent
`
`course of conduct in Delaware, and derives substantial revenue from services, or things used or
`
`consumed in Delaware, (iii) Spotify has committed and continues to commit acts of patent
`
`infringement in the State of Delaware, including making, using, offering to sell, and/or selling
`
`accused products or services in Delaware, inducing others to commit acts of patent infringement
`
`in Delaware, and/or committing at least a portion of any other infringements alleged herein in
`
`Delaware, and (iv) Spotify regularly places its products or services within the stream of
`
`commerce—directly, through subsidiaries, or through third parties—with the expectation and
`
`knowledge that such products or services will be sold or used in Delaware and elsewhere in the
`
`United States. Thus, Spotify has established minimum contacts within Delaware and
`
`purposefully availed itself of the benefits of Delaware, and the exercise of personal jurisdiction
`
` 
`
`3
`
` 
`
`

`

`Case 1:22-cv-01335-UNA Document 1 Filed 10/11/22 Page 4 of 36 PageID #: 4
`
`over Spotify would not offend traditional notions of fair play and substantial justice. In addition,
`
`or in the alternative, this Court has personal jurisdiction over (i) Spotify Technology and Spotify
`
`AB pursuant to Federal Rule of Civil Procedure 4(k)(2), and (ii) Spotify USA because it is
`
`organized under the laws of Delaware.
`
`14.
`
`Venue is proper as to Defendants Spotify Technology and Spotify AB, which are
`
`organized under the laws of foreign jurisdictions. 28 U.S.C. § 1391(c)(3) provides that “a
`
`defendant not resident in the United States may be sued in any judicial district, and the joinder of
`
`such a defendant shall be disregarded in determining where the action may be brought with
`
`respect to other defendants.” See also In re HTC Corp., 889 F.3d 1349 (Fed. Cir. 2018).
`
`15.
`
`Venue is proper in this district as to Spotify USA under 28 U.S.C. § 1400(b).
`
`Spotify USA is incorporated in the State of Delaware, so it resides in this district.
`
`BACKGROUND
`
`16.
`
`The patent-in-suit generally relates to an improved method and system of
`
`managing conference calls. The patented technology allows communities of individuals to
`
`initiate, join, and participate in conference calls. In particular, members of a community (even
`
`unknown to one another) can meet and collaborate in a freeform and unscheduled way, and yet
`
`“retain collective and individual degrees of organizational control,” such as through providing
`
`conference call data, designation of users as “speakers,” limiting the time a user is permitted to
`
`speak, etc.
`
`17.
`
`The technology disclosed by the patent-in-suit was developed by award-winning
`
`software developers, known especially for game and graphic design. Since the 1980s, Jordan
`
`Weisman has worked on and created interactive entertainment software, including a plethora of
`
`role-playing and alternative reality games. Mr. Weisman has earned more than 100 awards
`
`throughout his career and, in 2003, he was selected as the Pacific Northwest Entrepreneur of the
`
` 
`
`4
`
` 
`
`

`

`Case 1:22-cv-01335-UNA Document 1 Filed 10/11/22 Page 5 of 36 PageID #: 5
`
`Year by Ernst & Young. Elan Lee is best known as a designer of computer games, and has had
`
`extensive experience with creating interactive programming for audiences. He has also won
`
`much acclaim, including multiple industry awards for design and innovation. Bill Redmann is an
`
`engineer who has worked on creating virtual reality technologies, including the design of
`
`interactive technologies, since the 1980s. Mr. Redmann is a named inventor on over 70 patents.
`
`18.
`
`The invention disclosed in the patent-in-suit has been cited during patent
`
`prosecution nearly 300 times and multiple times by electronics companies, including Alcatel-
`
`Lucent, Amazon, Apple, AT&T, Avaya, Blackberry, Canon, Cisco, Dolby, Ericsson, Fujitsu,
`
`Google, IBM, Hewlett-Packard, Infineon, Intel, Lenovo, LG Electronics, Microsoft, Motorola
`
`Solutions, Nokia, Nortel Networks, Palm, Panasonic, Qualcomm, Samsung, Sharp Labs,
`
`Siemens, Sony, Sprint, T-Mobile, Verizon, and Vodafone.
`
`COUNT I
`
`DIRECT INFRINGEMENT OF U.S. PATENT NO. 6,839,417
`
`19.
`
`On January 4, 2005, United States Patent No. 6,839,417 (“the ’417 Patent”) was
`
`duly and legally issued by the United States Patent and Trademark Office for an invention
`
`entitled “Method and Apparatus for Improved Conference Call Management.” A true and
`
`correct copy of the ’417 Patent is attached as Exhibit A.
`
`20.
`
`Buffalo Patents is the owner of the ’417 Patent, with all substantive rights in and
`
`to that patent, including the sole and exclusive right to prosecute this action and enforce the ’417
`
`Patent against infringers, and to collect damages for all relevant times.
`
`21.
`
`Spotify made, had made, used, imported, provided, supplied, distributed, sold,
`
`and/or offered for sale products and/or systems including, for example, its Spotify Live social
`
` 
`
`5
`
` 
`
`

`

`Case 1:22-cv-01335-UNA Document 1 Filed 10/11/22 Page 6 of 36 PageID #: 6
`
`platform (formerly Spotify Greenroom3) and other products and/or services that allow users to
`
`set up and join a conference call, and receive a list of available conference calls (“accused
`
`products”):
`
`Source: https://www.spotify.com/us/live/
`
`
`
`
`
`
`
`Source: https://apps.apple.com/us/app/spotify-live/id1517524960
`
`                                                            
`3 See Spotify Greenroom Is Getting a New Name—Spotify Live—And a New Home, SPOTIFY
`AB (Apr. 12, 2022), https://newsroom.spotify.com/2022-04-12/spotify-greenroom-is-getting-a-
`new-name-spotify-live-and-a-new-home/.
`
` 
`
`6
`
` 
`
`

`

`Case 1:22-cv-01335-UNA Document 1 Filed 10/11/22 Page 7 of 36 PageID #: 7
`
`22.
`
`By doing so, Spotify has directly infringed (literally and/or under the doctrine of
`
`equivalents) at least Claim 38 of the ’417 Patent. Spotify’s infringement in this regard is
`
`ongoing.
`
`23.
`
`24.
`
`The Spotify platform is an exemplary accused product.
`
`Spotify has infringed the ’417 Patent by using the accused products and thereby
`
`practicing a method for a selecting participant to access a conference call.
`
`25.
`
`For example, Spotify Live (formerly Spotify Greenroom) is a social audio mobile
`
`platform that allows a user to set up and join audio rooms. A user (“selecting participant”) can
`
`access an ongoing audio room (“conference call”) by tapping on the audio room.
`
`Spotify Greenroom
`
`Source: https://support.spotify.com/us/article/spotify-greenroom/
`
`
`
` 
`
`7
`
` 
`
`

`

`Case 1:22-cv-01335-UNA Document 1 Filed 10/11/22 Page 8 of 36 PageID #: 8
`
`Source: https://www.spotify.com/us/greenroom/
`
`
`
`Source: https://youtu.be/uFPS_4tp95U?t=183
`
`
`
` 
`
`8
`
` 
`
`

`

`Case 1:22-cv-01335-UNA Document 1 Filed 10/11/22 Page 9 of 36 PageID #: 9
`
`Spotify Live
`
`
`
`
`
`
`
`
`
`Source: https://support.spotify.com/us/article/spotify-live/
`
`Source: https://www.spotify.com/us/live/
`
`Source: https://support.spotify.com/us/article/spotify-live/
`
`Source: https://support.spotify.com/us/article/spotify-live/
`
` 
`
`9
`
` 
`
`

`

`Case 1:22-cv-01335-UNA Document 1 Filed 10/11/22 Page 10 of 36 PageID #: 10
`
`
`Source: https://www.youtube.com/watch?v=CIttUK2o7Zg (0:15)
`
`26.
`
`The method practiced using the accused products includes the step of providing to
`
`the selecting participant a list of conference call data representing a subset of conference calls
`
`available.
`
`27.
`
`For example, Spotify Live (formerly Spotify Greenroom) is a social audio mobile
`
`platform that allows a user to set up and join audio rooms. A user can select and join an audio
`
`room from a list of ongoing rooms. The audio rooms provide information to users about the
`
`audio room, including title of the room, topic of the room, list of members currently in the room,
`
`name of the host, etc.
`
`28.
`
`A user (“selecting participant”) is also provided a list of available ongoing audio
`
`rooms (“representing a subset of conference calls”).
`
` 
`
`10
`
` 
`
`

`

`Case 1:22-cv-01335-UNA Document 1 Filed 10/11/22 Page 11 of 36 PageID #: 11
`
`Spotify Greenroom
`
`Source: https://youtu.be/uFPS_4tp95U?t=163
`
`
`
` 
`
`11
`
` 
`
`

`

`Case 1:22-cv-01335-UNA Document 1 Filed 10/11/22 Page 12 of 36 PageID #: 12
`
`Source: https://youtu.be/uFPS_4tp95U?t=183
`
`
`
` 
`
`12
`
` 
`
`

`

`Case 1:22-cv-01335-UNA Document 1 Filed 10/11/22 Page 13 of 36 PageID #: 13
`
`
`Source: Screenshot taken during testing showing a subset of ongoing audio rooms, e.g.,
`available conference calls.
`
` 
`
`13
`
` 
`
`

`

`Case 1:22-cv-01335-UNA Document 1 Filed 10/11/22 Page 14 of 36 PageID #: 14
`
`Source: https://youtu.be/uFPS_4tp95U?t=345
`
`Spotify Live
`
`
`
`
`Source: https://www.youtube.com/watch?v=CIttUK2o7Zg (0:08)
`
` 
`
`14
`
` 
`
`

`

`Case 1:22-cv-01335-UNA Document 1 Filed 10/11/22 Page 15 of 36 PageID #: 15
`
`
`Source: https://www.youtube.com/watch?v=CIttUK2o7Zg (0:15)
`
`
`Source: https://play.google.com/store/apps/details?id=io.bettylabs.disco&hl=en_US&gl=US
`
` 
`
`15
`
` 
`
`

`

`Case 1:22-cv-01335-UNA Document 1 Filed 10/11/22 Page 16 of 36 PageID #: 16
`
`
`Source: https://play.google.com/store/apps/details?id=io.bettylabs.disco&hl=en_US&gl=US
`
`29.
`
`The method practiced using the accused products includes the step of receiving
`
`from a selecting participant, a designation of the conference call from the list.
`
`30.
`
`For example, Spotify Live (formerly Spotify Greenroom) is a social audio mobile
`
`platform that allows a user to set up and join audio rooms. A user can select and join a room
`
`from a list of scheduled or ongoing rooms. When a user taps on the “join” button of the room
`
`they want to join, the user joins the room as a listener. If a user creates a room, the user
`
`automatically joins as the speaker or host of that room. Other users that subsequently join the
`
`room join as listeners. The platform receives a user’s designation in the audio room before that
`
`user actually joins the audio room.
`
`31.
`
`As one example, when a user joins a room as a listener, that user will only be able
`
`to listen (“designation”) to the speakers in that room.
`
` 
`
`16
`
` 
`
`

`

`Case 1:22-cv-01335-UNA Document 1 Filed 10/11/22 Page 17 of 36 PageID #: 17
`
`Spotify Greenroom
`
`Source: https://youtu.be/uFPS_4tp95U?t=163
`
`
`
`Source: https://www.spotify.com/us/greenroom/
`
`
`
` 
`
`17
`
` 
`
`

`

`Case 1:22-cv-01335-UNA Document 1 Filed 10/11/22 Page 18 of 36 PageID #: 18
`
`Source: https://youtu.be/uFPS_4tp95U?t=345
`
`
`
`Source: https://www.spotify.com/us/greenroom/
`
`
`
` 
`
`18
`
` 
`
`

`

`Case 1:22-cv-01335-UNA Document 1 Filed 10/11/22 Page 19 of 36 PageID #: 19
`
`Source: https://www.spotify.com/us/greenroom/
`
`
`
` 
`
`19
`
` 
`
`

`

`Case 1:22-cv-01335-UNA Document 1 Filed 10/11/22 Page 20 of 36 PageID #: 20
`
`
`Source: Screenshot showing the perspective of a user that joins an audio room as a listener.
`
` 
`
`20
`
` 
`
`

`

`Case 1:22-cv-01335-UNA Document 1 Filed 10/11/22 Page 21 of 36 PageID #: 21
`
`Spotify Live
`
`
`Source: https://www.youtube.com/watch?v=CIttUK2o7Zg (0:08)
`
`Source: https://www.spotify.com/us/live/
`
`Source: https://support.spotify.com/us/article/spotify-live/
`
`
`
`
`
` 
`
`21
`
` 
`
`

`

`Case 1:22-cv-01335-UNA Document 1 Filed 10/11/22 Page 22 of 36 PageID #: 22
`
`Source: https://support.spotify.com/us/article/spotify-live/
`
`
`
`
`Source: https://play.google.com/store/apps/details?id=io.bettylabs.disco&hl=en_US&gl=US
`
`Source: https://www.spotify.com/us/live/
`
`
`
` 
`
`22
`
` 
`
`

`

`Case 1:22-cv-01335-UNA Document 1 Filed 10/11/22 Page 23 of 36 PageID #: 23
`
`
`Source: https://play.google.com/store/apps/details?id=io.bettylabs.disco&hl=en_US&gl=US
`
`32.
`
`The method practiced using the accused products includes the step of granting
`
`access to the selecting participant into the conference call as a participant.
`
`33.
`
`For example, Spotify Live (formerly Spotify Greenroom) is a social audio mobile
`
`platform that allows a user to set up and join audio rooms. A user can select and join a room
`
`from a list of scheduled or ongoing rooms. When a user taps on the “join” button of the room
`
`they want to join, the user joins the room as a listener. If a user creates a room, the user
`
`automatically joins as a speaker or host of that room. Other users that subsequently join the
`
`room will join as listeners. The platform receives a user’s designation in the audio room, and
`
`grants access to the user with that designation.
`
`34.
`
`As one example, when a user joins a room, they (“selecting participant”) are
`
`granted access to the audio room (“into the conference call”) as a listener—that is, a participant
`
`that cannot talk to other participants (“participant”). When a user joins a room as a host (after
`
` 
`
`23
`
` 
`
`

`

`Case 1:22-cv-01335-UNA Document 1 Filed 10/11/22 Page 24 of 36 PageID #: 24
`
`the creation of the room), that user will be granted access as a participant with a “speak” option,
`
`“hand requests approval” option, etc.
`
`Spotify Greenroom
`
`Source: https://youtu.be/uFPS_4tp95U?t=163
`
`
`
`Source: https://www.spotify.com/us/greenroom/
`
`
`
` 
`
`24
`
` 
`
`

`

`Case 1:22-cv-01335-UNA Document 1 Filed 10/11/22 Page 25 of 36 PageID #: 25
`
`Source: https://youtu.be/uFPS_4tp95U?t=345
`
`
`
`Source: https://www.spotify.com/us/greenroom/
`
`
`
` 
`
`25
`
` 
`
`

`

`Case 1:22-cv-01335-UNA Document 1 Filed 10/11/22 Page 26 of 36 PageID #: 26
`
`Spotify Live
`
`
`Source: https://www.youtube.com/watch?v=CIttUK2o7Zg (0:08)
`
`Source: https://www.spotify.com/us/live/
`
`Source: https://support.spotify.com/us/article/spotify-live/
`
`
`
`
`
` 
`
`26
`
` 
`
`

`

`Case 1:22-cv-01335-UNA Document 1 Filed 10/11/22 Page 27 of 36 PageID #: 27
`
`Source: https://support.spotify.com/us/article/spotify-live/
`
`
`
`
`Source: https://play.google.com/store/apps/details?id=io.bettylabs.disco&hl=en_US&gl=US
`
`Source: https://www.spotify.com/us/live/
`
`
`
` 
`
`27
`
` 
`
`

`

`Case 1:22-cv-01335-UNA Document 1 Filed 10/11/22 Page 28 of 36 PageID #: 28
`
`35.
`
`The citations below show that the user interface (UI) can differ depending on
`
`whether a user joins a room as a host or as a listener. Accordingly, a participant is granted
`
`access to a conference call depending on the selected designation.
`
`Source: https://youtu.be/uFPS_4tp95U?t=358
`
`
`
` 
`
`28
`
` 
`
`

`

`Case 1:22-cv-01335-UNA Document 1 Filed 10/11/22 Page 29 of 36 PageID #: 29
`
`
`Source: Screenshot showing the host’s perspective after creating an audio room.
`
` 
`
`29
`
` 
`
`

`

`Case 1:22-cv-01335-UNA Document 1 Filed 10/11/22 Page 30 of 36 PageID #: 30
`
`Source: https://www.spotify.com/us/greenroom/
`
`
`
` 
`
`30
`
` 
`
`

`

`Case 1:22-cv-01335-UNA Document 1 Filed 10/11/22 Page 31 of 36 PageID #: 31
`
`
`Source: Screenshot showing the perspective of a user that joins an audio room as a listener.
`
`36.
`
`Spotify has directly infringed at least through its use of the accused products
`
`through its own testing of the accused products, and through joint infringement with its affiliates,
`
`with its subsidiaries, with its business partners, with other agents of Spotify, and/or with its
`
`customers and end-users, at least using the claimed method. Such acts of infringement include
`
`directing or controlling other persons to engage in conduct satisfying one or more elements of
`
`the asserted claims, deriving a financial or other benefit from doing so. Spotify’s direction or
`
`control of its affiliates and end-users includes regularly contracting with those affiliates and end-
`
`users. Also, as explained further below, Spotify took active steps and advised or directed
`
`customers and end-users to use the accused products in an infringing manner. See, e.g., supra
`
`¶¶ 21, 28, 31, 34.
`
` 
`
`31
`
` 
`
`

`

`Case 1:22-cv-01335-UNA Document 1 Filed 10/11/22 Page 32 of 36 PageID #: 32
`
`37.
`
`Spotify has had knowledge of the ’417 Patent at least as of the date when it was
`
`notified of the filing of this action, and as early as February 2, 2022, when Spotify received a
`
`letter from Buffalo notifying it of the ’417 Patent.
`
`38.
`
`Buffalo Patents has been damaged as a result of the infringing conduct by Spotify
`
`alleged above. Thus, Spotify is liable to Buffalo Patents in an amount that adequately
`
`compensates it for such infringements, which, by law, cannot be less than a reasonable royalty,
`
`together with interest and costs as fixed by this Court under 35 U.S.C. § 284.
`
`39.
`
`Buffalo Patents has neither made nor sold unmarked articles that practice the ’417
`
`Patent, and is entitled to collect pre-filing damages for the full period allowed by law for
`
`infringement of the ’417 Patent.
`
`ADDITIONAL ALLEGATIONS REGARDING INFRINGEMENT
`AND PERSONAL JURISDICTION
`
`40.
`
`Spotify has also indirectly infringed the ’417 Patent by inducing others to directly
`
`infringe the ’417 Patent.
`
`41.
`
`Spotify has induced the end users and/or Spotify’s customers to directly infringe
`
`(literally and/or under the doctrine of equivalents) the ’417 Patent by using the accused products.
`
`42.
`
`Spotify took active steps, directly and/or through contractual relationships with
`
`others, with the specific intent to cause them to use the accused products in a manner that
`
`infringes one or more claims of the ’417 Patent, including, for example, Claim 38 of the ’417
`
`Patent.
`
`43.
`
`Such steps by Spotify included, among other things, advising or directing
`
`customers, end users, and others to use the accused products in an infringing manner; advertising
`
`and promoting the use of the accused products in an infringing manner; and/or distributing
`
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`Case 1:22-cv-01335-UNA Document 1 Filed 10/11/22 Page 33 of 36 PageID #: 33
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`instructions that guide users to use the accused products in an infringing manner. Examples of
`
`the steps Spotify has taken include the following:4
`
`Source: https://apps.apple.com/us/app/spotify-live/id1517524960
`
`
`
`Source: https://www.spotify.com/us/live/
`
`                                                            
`4 See also supra ¶¶ 28, 31, 34.
`
` 
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`Case 1:22-cv-01335-UNA Document 1 Filed 10/11/22 Page 34 of 36 PageID #: 34
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`44.
`
`Spotify performed these steps, which constitute joint and/or induced infringement,
`
`with the knowledge of the ’417 Patent and with the knowledge that the induced acts constitute
`
`infringement.
`
`45.
`
`Spotify was and is aware that the normal and customary use of the accused
`
`products by Spotify’s customers would infringe the ’417 Patent. Spotify’s inducement is
`
`ongoing.
`
`46.
`
`Spotify has also indirectly infringed by contributing to the infringement of the
`
`’417 Patent. Spotify has contributed to the direct infringement of the ’417 Patent by the end user
`
`of the accused products.
`
`47.
`
`The accused products have special features that are specially designed to be used
`
`in an infringing way and that have no substantial uses other than ones that infringe the ’417
`
`Patent, including, for example, Claim 38 of the ’417 Patent.
`
`48.
`
`The special features include, for example, hardware and/or software features that
`
`provide a participant in a conference call with a list of available conference calls, used in a
`
`manner that infringes the ’417 Patent.
`
`49.
`
`These special features constitute a material part of the invention of one or more of
`
`the claims of the ’417 Patent, and are not staple articles of commerce suitable for substantial
`
`non-infringing use.
`
`50.
`
`51.
`
`Spotify’s contributory infringement is ongoing.
`
`Spotify has had actual knowledge of the ’417 Patent at least as of the date when it
`
`was notified of the filing of this action, and as early as February 2, 2022, when Spotify received
`
`a letter notifying it of the ’417 Patent. Since at least that time, Spotify has known the scope of
`
` 
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`Case 1:22-cv-01335-UNA Document 1 Filed 10/11/22 Page 35 of 36 PageID #: 35
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`the claims of the ’417 Patent, the products that practice the ’417 Patent, and that Buffalo Patents
`
`is the owner of the ’417 Patent.
`
`52.
`
`By the time of trial, Spotify will have known and intended (since receiving such
`
`notice) that its continued actions would infringe and actively induce and contribute to the
`
`infringement of one or more claims of the ’417 Patent.
`
`53.
`
`Spotify’s customers have infringed the ’417 Patent. Spotify encouraged its
`
`customers’ infringement.
`
`54.
`
`Spotify’s direct and indirect infringement of the ’417 Patent has been, and/or
`
`continues to be willful, intentional, deliberate, and/or in conscious disregard of Buffalo Patents’
`
`rights under the patent-in-suit.
`
`55.
`
`Buffalo Patents has been damaged as a result of Spotify’s infringing conduct
`
`alleged above. Thus, Spotify is liable to Buffalo Patents in an amount that adequately
`
`compensates it for such infringements, which, by law, cannot be less than a reasonable royalty,
`
`together with interest and costs as fixed by this Court under 35 U.S.C. § 284.
`
`JURY DEMAND
`
`Buffalo Patents hereby requests a trial by jury on all issues so triable by right.
`
`PRAYER FOR RELIEF
`
`Buffalo Patents requests that the Court find in its favor and against Spotify, and that the
`
`Court grant Buffalo Patents the following relief:
`
`a.
`
`Judgment that one or more claims of the ’417 Patent have been infringed, either
`
`literally and/or under the doctrine of equivalents, by Spotify and/or all others acting in concert
`
`therewith;
`
`b.
`
`A permanent injunction enjoining Spotify and its officers, directors, agents,
`
`servants, affiliates, employees, divisions, branches, subsidiaries, parents, and all others acting in
`
` 
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`35
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`Case 1:22-cv-01335-UNA Document 1 Filed 10/11/22 Page 36 of 36 PageID #: 36
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`concert therewith from infringement of the ’417 Patent; or, in the alternative, an award of a
`
`reasonable ongoing royalty for future infringement of the ’417 Patent by such entities;
`
`c.
`
`Judgment that Spotify account for and pay to Buffalo Patents all damages to and
`
`costs incurred by Buffalo Patents because of Spotify’s infringing activities and other conduct
`
`complained of herein, including an award of all increased damages to which Buffalo Patents is
`
`entitled under 35 U.S.C. § 284;
`
`d.
`
`That Buffalo Patents be granted pre-judgment and post-judgment interest on the
`
`damages caused by Spotify’s infringing activities and other conduct complained of herein;
`
`e.
`
`That this Court declare this an exceptional case and award Buffalo Patents its
`
`reasonable attorney’s fees and costs in accordance with 35 U.S.C. § 285; and
`
`f.
`
`That Buffalo Patents be granted such other and further relief as the Court may
`
`deem just and proper under the circumstances.
`
`
`Dated: October 11, 2022
`
`Of Counsel:
`
`Matthew J. Antonelli
`Zachariah S. Harrington
`Larry D. Thompson, Jr.
`Christopher Ryan Pinckney
`Rehan M. Safiullah
`matt@ahtlawfirm.com
`zac@ahtlawfirm.com
`larry@ahtlawfirm.com
`ryan@ahtlawfirm.com
`rehan@ahtlawfirm.com
`
`ANTONELLI, HARRINGTON
`& THOMPSON LLP
`4306 Yoakum Blvd., Ste. 450
`Houston, TX 77006
`(713) 581-3000
`
`
` 
`
`
`
`
`
`Respectfully submitted,
`
`FARNAN LLP
`
`
`/s/ Michael J. Farnan
`Brian E. Farnan (Bar No. 4089)
`Michael J. Farnan (Bar No. 5165)
`919 N. Market St., 12th Floor
`Wilmington, DE 19801
`Tel: (302) 777-0300
`Fax: (302) 777-0301
`bfarnan@farnanlaw.com
`mfarnan@farnanlaw.com
`
`
`
`
`
`
`Attorneys for Buffalo Patents, LLC
`
`36
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`