throbber
Case 1:20-cv-03159-AKH Document 1 Filed 04/21/20 Page 1 of 19
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE SOUTHERN DISTRICT OF NEW YORK
`MANHATTAN DIVISION
`
`
`
`Cedar Lane Technologies Inc.,
`
`
`
`Case No. 1:20-cv-3159
`
`Patent Case
`
`Jury Trial Demanded
`
`Plaintiff,
`
`v.
`
`Aspiro, Inc.,
`
`Defendant.
`
`
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`Plaintiff Cedar Lane Technologies Inc. (“Plaintiff”), through its attorneys, complains of
`
`Aspiro, Inc. (“Defendant”), and alleges the following:
`
`PARTIES
`
`1.
`
`Plaintiff Cedar Lane Technologies Inc. is a corporation organized and existing
`
`under the laws of Canada that maintains its principal place of business at 560 Baker Street, Suite
`
`1, Nelson, BC V1L 4H9.
`
`2.
`
`Defendant Aspiro, Inc. is a corporation organized and existing under the laws of
`
`Delaware that maintains an established place of business at 540 W 26th Street, 8th Floor, New
`
`York, NY 10001.
`
`JURISDICTION
`
`3.
`
`This is an action for patent infringement arising under the patent laws of the
`
`United States, Title 35 of the United States Code.
`
`4.
`
`This Court has exclusive subject matter jurisdiction under 28 U.S.C. §§ 1331 and
`
`1338(a).
`
`
`
`1
`
`

`

`Case 1:20-cv-03159-AKH Document 1 Filed 04/21/20 Page 2 of 19
`
`5.
`
`This Court has personal jurisdiction over Defendant because it has engaged in
`
`systematic and continuous business activities in this District. As described below, Defendant has
`
`committed acts of patent infringement giving rise to this action within this District.
`
`VENUE
`
`6.
`
`Venue is proper in this District under 28 U.S.C. § 1400(b) because Defendant has
`
`committed acts of patent infringement in this District, and has an established place of business in
`
`this District. In addition, Plaintiff has suffered harm in this district.
`
`PATENTS-IN-SUIT
`
`7.
`
`Plaintiff is the assignee of all right, title and interest in United States Patent Nos.
`
`6,452,609 (the “’609 Patent”); 6,502,194 (the “’194 Patent”); 6,526,411 (the “’411 Patent”);
`
`6,721,489 (the “’489 Patent”); 6,806,889 (the “’889 Patent”); 7,173,177 (the “’177 Patent”);
`
`7,610,394 (the “’394 Patent”); 8,549,097 (the “’097 Patent”); 8,805,830 (the “’830 Patent”);
`
`(collectively the “Patents-in-Suit”); including all rights to enforce and prosecute actions for
`
`infringement and to collect damages for all relevant times against infringers of the Patents-in-
`
`Suit. Accordingly, Plaintiff possesses the 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 9/17/2002. The application leading to the ’609 Patent was filed on 11/06/1998. A true 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
`
`
`
`2
`
`

`

`Case 1:20-cv-03159-AKH Document 1 Filed 04/21/20 Page 3 of 19
`
`10.
`
`The ’194 Patent is entitled “System for playback of network audio material on
`
`demand,” and issued 12/31/2002. The application leading to the ’194 Patent was filed on
`
`4/16/1999. A true and correct copy of the ’194 Patent is attached hereto as Exhibit 2 and
`
`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,”
`
`and issued 2/25/2003. The application leading to the ’411 Patent was filed on 11/15/2000. A 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 4/13/2004. The
`
`application leading to the ’489 Patent was filed on 3/8/2000. A true and correct copy of the ’489
`
`Patent is attached hereto as Exhibit 4 and incorporated herein by reference.
`
`15.
`
`The ’489 Patent is valid and enforceable.
`
`The ’889 Patent
`
`16.
`
`The ’889 Patent is entitled “Interactive applications,” and issued 10/19/2004. The
`
`application leading to the ’889 Patent was filed on 12/3/1999. A true and correct copy of the ’889
`
`Patent is attached hereto as Exhibit 5 and incorporated herein by reference.
`
`17.
`
`The ’889 Patent is valid and enforceable.
`
`The ’177 Patent
`
`
`
`3
`
`

`

`Case 1:20-cv-03159-AKH Document 1 Filed 04/21/20 Page 4 of 19
`
`18.
`
`The ’177 Patent is entitled “User interface for simultaneous management of
`
`owned and unowned inventory,” and issued 2/6/2007. The application leading to the ’177 Patent
`
`was filed on 10/29/2003. A true and correct copy of the ’177 Patent is attached hereto as Exhibit
`
`6 and incorporated herein by reference.
`
`19.
`
`The ’177 Patent is valid and enforceable.
`
`The ’394 Patent
`
`20.
`
`The ’394 Patent is entitled “Web application for accessing media streams,” and
`
`issued 10/27/2009. The application leading to the ’394 Patent was filed on 7/31/2002. A true and
`
`correct copy of the ’394 Patent is attached hereto as Exhibit 7 and incorporated herein by
`
`reference.
`
`21.
`
`The ’394 Patent is valid and enforceable.
`
`The ’097 Patent
`
`22.
`
`The ’097 Patent is entitled “Web application for accessing media streams,” and
`
`issued 10/1/2013. The application leading to the ’097 Patent was filed on 8/30/2006. A true and
`
`correct copy of the ’097 Patent is attached hereto as Exhibit 8 and incorporated herein by
`
`reference.
`
`23.
`
`The ’097 Patent is valid and enforceable.
`
`The ’830 Patent
`
`24.
`
`The ’830 Patent is entitled “Web application for accessing media streams,” and
`
`issued 8/12/2014. The application leading to the ’830 Patent was filed on 6/16/2009. A true and
`
`correct copy of the ’830 Patent is attached hereto as Exhibit 9 and incorporated herein by
`
`reference.
`
`25.
`
`The ’830 Patent is valid and enforceable.
`
`
`
`4
`
`

`

`Case 1:20-cv-03159-AKH Document 1 Filed 04/21/20 Page 5 of 19
`
`COUNT 1: INFRINGEMENT OF THE ’609 PATENT
`
`Plaintiff incorporates the above paragraphs herein by reference.
`
`Direct Infringement. Defendant has been and continues to directly infringe one
`
`26.
`
`27.
`
`or more claims of the ’609 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 ’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.
`
`28.
`
`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.
`
`29.
`
`Exhibit 10 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.
`
`30.
`
`Plaintiff therefore incorporates by reference in its allegations herein the claim
`
`charts of Exhibit 10.
`
`31.
`
`Plaintiff is entitled to recover damages adequate to compensate for Defendant’s
`
`infringement.
`
`COUNT 2: INFRINGEMENT OF THE ’194 PATENT
`
`32.
`
`Plaintiff incorporates the above paragraphs herein by reference.
`
`
`
`5
`
`

`

`Case 1:20-cv-03159-AKH Document 1 Filed 04/21/20 Page 6 of 19
`
`33.
`
`Direct Infringement. Defendant has been and continues to directly infringe 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.
`
`34.
`
`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.
`
`35.
`
`The service of this Complaint upon Defendant constitutes actual knowledge of
`
`infringement as alleged here.
`
`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 ’194 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 and others to use its
`
`products in the customary and intended manner that infringes the ’194 Patent. Thus, on
`
`information and belief, Defendant is contributing to and/or inducing the infringement of the ’194
`
`Patent.
`
`37.
`
`Induced Infringement. Defendant actively, knowingly, and intentionally has
`
`been and continues to induce infringement of the ’194 Patent, literally or by the doctrine of
`
`
`
`6
`
`

`

`Case 1:20-cv-03159-AKH Document 1 Filed 04/21/20 Page 7 of 19
`
`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 ’194 Patent.
`
`38.
`
`Contributory Infringement. Defendant actively, knowingly, and intentionally
`
`has been and continues materially contribute to their own customers’ infringement of the ’194
`
`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
`
`’194 Patent. Moreover, the Exemplary Defendant Products are not a staple article of commerce
`
`suitable for substantial noninfringing use.
`
`39.
`
`Exhibit 11 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.
`
`40.
`
`Plaintiff therefore incorporates by reference in its allegations herein the claim
`
`charts of Exhibit 11.
`
`41.
`
`Plaintiff is entitled to recover damages adequate to compensate for Defendant’s
`
`infringement.
`
`42.
`
`43.
`
`COUNT 3: INFRINGEMENT OF THE ’411 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 ’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
`
`
`
`7
`
`

`

`Case 1:20-cv-03159-AKH Document 1 Filed 04/21/20 Page 8 of 19
`
`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.
`
`44.
`
`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.
`
`45.
`
`The service of this Complaint upon Defendant constitutes actual knowledge of
`
`infringement as alleged here.
`
`46.
`
`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 Defendant Products
`
`and distribute product literature and website materials inducing end users and others to use its
`
`products in the customary and intended manner that infringes the ’411 Patent. Thus, on
`
`information and belief, Defendant is contributing to and/or inducing the infringement of the ’411
`
`Patent.
`
`47.
`
`Induced Infringement. Defendant 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.
`
`48.
`
`Contributory Infringement. Defendant 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
`
`
`
`8
`
`

`

`Case 1:20-cv-03159-AKH Document 1 Filed 04/21/20 Page 9 of 19
`
`’411 Patent. Moreover, the Exemplary Defendant Products are not a staple article of commerce
`
`suitable for substantial noninfringing use.
`
`49.
`
`Exhibit 12 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.
`
`50.
`
`Plaintiff therefore incorporates by reference in its allegations herein the claim
`
`charts of Exhibit 12.
`
`51.
`
`Plaintiff is entitled to recover damages adequate to compensate for Defendant’s
`
`infringement.
`
`52.
`
`53.
`
`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.
`
`54.
`
`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.
`
`
`
`9
`
`

`

`Case 1:20-cv-03159-AKH Document 1 Filed 04/21/20 Page 10 of 19
`
`55.
`
`Exhibit 13 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.
`
`56.
`
`Plaintiff therefore incorporates by reference in its allegations herein the claim
`
`charts of Exhibit 13.
`
`57.
`
`Plaintiff is entitled to recover damages adequate to compensate for Defendant’s
`
`infringement.
`
`58.
`
`59.
`
`COUNT 5: INFRINGEMENT OF THE ’889 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 ’889 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 ’889 Patent also identified in the charts incorporated
`
`into this Count below (the “Exemplary ’889 Patent Claims”) literally or by the doctrine of
`
`equivalents. On information and belief, numerous other devices that infringe the claims of the
`
`’889 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 ’889 Patent Claims, by having its employees internally
`
`test and use these Exemplary Products.
`
`61.
`
`Exhibit 14 includes charts comparing the Exemplary ’889 Patent Claims to the
`
`Exemplary Defendant Products. As set forth in these charts, the Exemplary Defendant Products
`
`
`
`10
`
`

`

`Case 1:20-cv-03159-AKH Document 1 Filed 04/21/20 Page 11 of 19
`
`practice the technology claimed by the ’889 Patent. Accordingly, the Exemplary Defendant
`
`Products incorporated in these charts satisfy all elements of the Exemplary ’889 Patent Claims.
`
`62.
`
`Plaintiff therefore incorporates by reference in its allegations herein the claim
`
`charts of Exhibit 14.
`
`63.
`
`Plaintiff is entitled to recover damages adequate to compensate for Defendant’s
`
`infringement.
`
`64.
`
`65.
`
`COUNT 6: 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.
`
`66.
`
`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
`
`test and use these Exemplary Products.
`
`67.
`
`The service of this Complaint upon Defendant constitutes actual knowledge of
`
`infringement as alleged here.
`
`68.
`
`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
`
`
`
`11
`
`

`

`Case 1:20-cv-03159-AKH Document 1 Filed 04/21/20 Page 12 of 19
`
`information and belief, Defendant has also continued to sell the Exemplary Defendant Products
`
`and distribute product literature and website materials inducing end users and others to use its
`
`products in the customary and intended manner that infringes the ’177 Patent. Thus, on
`
`information and belief, Defendant is contributing to and/or inducing the infringement of the ’177
`
`Patent.
`
`69.
`
`Induced Infringement. Defendant 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.
`
`70.
`
`Contributory Infringement. Defendant 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. Moreover, the Exemplary Defendant Products are not a staple article of commerce
`
`suitable for substantial noninfringing use.
`
`71.
`
`Exhibit 15 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.
`
`72.
`
`Plaintiff therefore incorporates by reference in its allegations herein the claim
`
`charts of Exhibit 15.
`
`73.
`
`Plaintiff is entitled to recover damages adequate to compensate for Defendant’s
`
`infringement.
`
`
`
`12
`
`

`

`Case 1:20-cv-03159-AKH Document 1 Filed 04/21/20 Page 13 of 19
`
`COUNT 7: INFRINGEMENT OF THE ’394 PATENT
`
`Plaintiff incorporates the above paragraphs herein by reference.
`
`Direct Infringement. Defendant has been and continues to directly infringe one
`
`74.
`
`75.
`
`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.
`
`76.
`
`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.
`
`77.
`
`Exhibit 16 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.
`
`78.
`
`Plaintiff therefore incorporates by reference in its allegations herein the claim
`
`charts of Exhibit 16.
`
`79.
`
`Plaintiff is entitled to recover damages adequate to compensate for Defendant’s
`
`infringement.
`
`COUNT 8: INFRINGEMENT OF THE ’097 PATENT
`
`80.
`
`Plaintiff incorporates the above paragraphs herein by reference.
`
`
`
`13
`
`

`

`Case 1:20-cv-03159-AKH Document 1 Filed 04/21/20 Page 14 of 19
`
`81.
`
`Direct Infringement. Defendant has been and continues to directly infringe one
`
`or more claims of the ’097 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 ’097 Patent also identified in the charts incorporated
`
`into this Count below (the “Exemplary ’097 Patent Claims”) literally or by the doctrine of
`
`equivalents. On information and belief, numerous other devices that infringe the claims of the
`
`’097 Patent have been made, used, sold, imported, and offered for sale by Defendant and/or its
`
`customers.
`
`82.
`
`Defendant also has and continues to directly infringe, literally or under the
`
`doctrine of equivalents, the Exemplary ’097 Patent Claims, by having its employees internally
`
`test and use these Exemplary Products.
`
`83.
`
`The service of this Complaint upon Defendant constitutes actual knowledge of
`
`infringement as alleged here.
`
`84.
`
`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 ’097 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 and others to use its
`
`products in the customary and intended manner that infringes the ’097 Patent. Thus, on
`
`information and belief, Defendant is contributing to and/or inducing the infringement of the ’097
`
`Patent.
`
`85.
`
`Induced Infringement. Defendant actively, knowingly, and intentionally has
`
`been and continues to induce infringement of the ’097 Patent, literally or by the doctrine of
`
`
`
`14
`
`

`

`Case 1:20-cv-03159-AKH Document 1 Filed 04/21/20 Page 15 of 19
`
`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 ’097 Patent.
`
`86.
`
`Contributory Infringement. Defendant actively, knowingly, and intentionally
`
`has been and continues materially contribute to their own customers’ infringement of the ’097
`
`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
`
`’097 Patent. Moreover, the Exemplary Defendant Products are not a staple article of commerce
`
`suitable for substantial noninfringing use.
`
`87.
`
`Exhibit 17 includes charts comparing the Exemplary ’097 Patent Claims to the
`
`Exemplary Defendant Products. As set forth in these charts, the Exemplary Defendant Products
`
`practice the technology claimed by the ’097 Patent. Accordingly, the Exemplary Defendant
`
`Products incorporated in these charts satisfy all elements of the Exemplary ’097 Patent Claims.
`
`88.
`
`Plaintiff therefore incorporates by reference in its allegations herein the claim
`
`charts of Exhibit 17.
`
`89.
`
`Plaintiff is entitled to recover damages adequate to compensate for Defendant’s
`
`infringement.
`
`90.
`
`91.
`
`COUNT 9: INFRINGEMENT OF THE ’830 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 ’830 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 ’830 Patent also identified in the charts incorporated
`
`into this Count below (the “Exemplary ’830 Patent Claims”) literally or by the doctrine of
`
`
`
`15
`
`

`

`Case 1:20-cv-03159-AKH Document 1 Filed 04/21/20 Page 16 of 19
`
`equivalents. On information and belief, numerous other devices that infringe the claims of the
`
`’830 Patent have been made, used, sold, imported, and offered for sale by Defendant and/or its
`
`customers.
`
`92.
`
`Defendant also has and continues to directly infringe, literally or under the
`
`doctrine of equivalents, the Exemplary ’830 Patent Claims, by having its employees internally
`
`test and use these Exemplary Products.
`
`93.
`
`The service of this Complaint upon Defendant constitutes actual knowledge of
`
`infringement as alleged here.
`
`94.
`
`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 ’830 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 and others to use its
`
`products in the customary and intended manner that infringes the ’830 Patent. Thus, on
`
`information and belief, Defendant is contributing to and/or inducing the infringement of the ’830
`
`Patent.
`
`95.
`
`Induced Infringement. Defendant actively, knowingly, and intentionally has
`
`been and continues to induce infringement of the ’830 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 ’830 Patent.
`
`96.
`
`Contributory Infringement. Defendant actively, knowingly, and intentionally
`
`has been and continues materially contribute to their own customers’ infringement of the ’830
`
`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
`
`
`
`16
`
`

`

`Case 1:20-cv-03159-AKH Document 1 Filed 04/21/20 Page 17 of 19
`
`’830 Patent. Moreover, the Exemplary Defendant Products are not a staple article of commerce
`
`suitable for substantial noninfringing use.
`
`97.
`
`Exhibit 18 includes charts comparing the Exemplary ’830 Patent Claims to the
`
`Exemplary Defendant Products. As set forth in these charts, the Exemplary Defendant Products
`
`practice the technology claimed by the ’830 Patent. Accordingly, the Exemplary Defendant
`
`Products incorporated in these charts satisfy all elements of the Exemplary ’830 Patent Claims.
`
`98.
`
`Plaintiff therefore incorporates by reference in its allegations herein the claim
`
`charts of Exhibit 18.
`
`99.
`
`Plaintiff is entitled to recover damages adequate to compensate for Defendant’s
`
`infringement.
`
`JURY DEMAND
`
`100. Under Rule 38(b) of the Federal Rules of Civil Procedure, Plaintiff respectfully
`
`requests a trial by jury on all issues so triable.
`
`WHEREFORE, Plaintiff respectfully requests the following relief:
`
`PRAYER FOR RELIEF
`
`A.
`
`B.
`
`C.
`
`D.
`
`E.
`
`F.
`
`A judgment that the ’609 Patent is valid and enforceable;
`
`A judgment that Defendant has infringed one or more claims of the ’609 Patent;
`
`A judgment that the ’194 Patent is valid and enforceable;
`
`A judgment that Defendant has infringed, contributorily infringed, and/or induced
`
`infringement of one or more claims of the ’194 Patent;
`
`A judgment that the ’411 Patent is valid and enforceable;
`
`A judgment that Defendant has infringed, contributorily infringed, and/or induced
`
`infringement of one or more claims of the ’411 Patent;
`
`
`
`17
`
`

`

`Case 1:20-cv-03159-AKH Document 1 Filed 04/21/20 Page 18 of 19
`
`G.
`
`H.
`
`I.
`
`J.
`
`K.
`
`L.
`
`M.
`
`N.
`
`O.
`
`P.
`
`Q.
`
`R.
`
`S.
`
`T.
`
`A judgment that the ’489 Patent is valid and enforceable;
`
`A judgment that Defendant has infringed one or more claims of the ’489 Patent;
`
`A judgment that the ’889 Patent is valid and enforceable;
`
`A judgment that Defendant has infringed one or more claims of the ’889 Patent;
`
`A judgment that the ’177 Patent is valid and enforceable;
`
`A judgment that Defendant has infringed, contributorily infringed, and/or induced
`
`infringement of one or more claims of the ’177 Patent;
`
`A judgment that the ’394 Patent is valid and enforceable;
`
`A judgment that Defendant has infringed one or more claims of the ’394 Patent;
`
`A judgment that the ’097 Patent is valid and enforceable;
`
`A judgment that Defendant has infringed, contributorily infringed, and/or induced
`
`infringement of one or more claims of the ’097 Patent;
`
`A judgment that the ’830 Patent is valid and enforceable;
`
`A judgment that Defendant has infringed, contributorily infringed, and/or induced
`
`infringement of one or more claims of the ’830 Patent;
`
`An accounting of all damages not presented at trial;
`
`A judgment that awards Plaintiff all appropriate damages under 35 U.S.C. § 284
`
`for Defendant’s past infringement and, with respect to the ’194 patent, the ’411
`
`patent, the ’177 patent, the ’097 patent, the ’830 patent, any continuing or future
`
`infringement, up until the date such judgment is entered including pre- or post-
`
`judgment interest, costs, and disbursements as justified under 35 U.S.C. § 284;
`
`U.
`
`And, if necessary, to adequately compensate Plaintiff f

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