-1-
`
`Exhibit 2074
`Bradium Technologies LLC - patent owner
`Microsoft Corporation - petitioner
`IPR2016-00449
`
`

`

`Case 1:15-cv—00O31—RGA Document 63 Filed 03/14/16 Page 2 of 112 PageID #: 1065
`
`United States, and/‘or supplying in or from the United States, various products, services, and
`
`components, including those related to Bing Maps, and/or inducing others to do the same, and/or
`
`contributing to others doing the same, and/or inducing or contributing to others combining such
`
`components in an infringing manner, during the term of U.S. Patent Nos. 7,139,794, 7,908,343,
`
`8,924,506, and 9,253,239, and from the date Microsoft had notice of the application published as
`
`United States Patent Application Publication No. 2011/0175914. This Court has jurisdiction
`
`over the subject matter of this action pursuant to 28 U.S.C. §§ 1331 and l338(a) because this
`
`action arises under the patent laws of the United States, including at least 35 U.S.C. §§ l54(d),
`
`271(a), (b), (c), and (f).
`
`4.
`
`This Court has personal jurisdiction over Microsoft because, among other things,
`
`Microsoft has made, used, sold, and/or offered for sale Bing Maps products and services in the
`
`State of Delaware and within this District, and the causes of action alleged herein arise in part
`
`from such conduct, and because Microsoft regularly and systematically transacts business in this
`
`District at least through its store located at 137 Christiana Mall, Newark, DE 19702.
`
`5.
`
`Furthermore, Microsoft has purposefully availed itself of the benefits of doing
`
`business in the State of Delaware and in this District by, among other things, the acts alleged in
`
`Paragraph 4 of this Complaint and the acts of filing numerous lawsuits in this District, including,
`
`for example, Microsoft Corp. v. Robocast Inc, CA. 13-cv~3l3 (D. Del. Feb. 25, 2013), D.I. 1
`
`(Microsoft complaint alleging patent infringement); Microsoft Corp, et al. v. GeoTag Inc, CA.
`
`11-ev-175 (D Del. Mar. 1, 2011), D.I. 1 (Microsofi complaint seeking declaratory judgment of
`
`patent invalidity). Microsoft has not contested that this District is a proper venue and that it is
`
`subject to personal jurisdiction in this venue in past litigation. Inrerdigital Comma ’ns, et al. v.
`
`

`

`Case 1:15-cv-00031-RGA Document 63 Filed 03l14l16 Page 3 of 112 PageID #: 1066
`
`Nokia Cor-p., et al., C.A. 13-cv—0l0 (D Del. Mar 7, 2013), D.I. 14 at 1111 8-9 (Microsoft answer,
`
`consenting to litigate patent infringement matter in the District of Delaware).
`
`6.
`
`The exercise of personal jurisdiction over Microsoft would not offend traditional
`
`notions of fair play and substantial justice.
`
`7.
`
`Venue is proper in this District pursuant to 28 U.S.C. §§ 1391 and 1400 because
`
`Microsoft resides or is deemed to reside in this District, is subject to personal jurisdiction in this
`
`District, has committed acts of infiingement in this District, has a regular and established place
`
`of business in this District, may be found in this District, and has one or more agents who reside
`
`in or may be found in this District.
`
`BACKGROUND
`
`8.
`
`This lawsuit asserts causes of action for infringement of United States Patent Nos.
`
`7,139,794 (the “’794 patent”), 7,908,343 (the ‘"343 patent”), 8,924,506 (the ‘"506 patent”),
`
`9,253,239 (the ‘"239 patent”), and of United States Patent Application Publication No.
`
`2011/0175 914 (“Publication No. 2011/0175 914”) (collectively, the “Asserted Patents”).
`
`9.
`
`Isaac Levanon and Yoni Lavi invented the technology claimed in
`
`the ’794, ’343, ‘S06 and ’239 patents and Publication No. 201120175914. A company, 3DVU,
`
`was created in order to commercialize this technology.
`
`10.
`
`3DVU met with Microsoft executives on multiple occasions in or around 2005,
`
`including a meeting at Microsoft in about September 2005.
`
`1 1.
`
`At these meetings, 3DVU and Microsofi discussed the possible acquisition by
`
`Microsoft of the technology invented by Messrs. Levanon and‘1.avi. In relation to these
`
`-3-
`
`

`

`Case 1:15-cv-0003:L—RGA Document 63 Filed 03/14l16 Page 4 of 112 PageID #: 1067
`
`meetings, Microsoft specifically requested information about, and 3DVU disclosed to Microsoft
`
`executives and engineers involved in mapping technology at Microsoft, the technology and the
`
`patent applications that ultimately led to the ’794, ’343, ’506 and ’239 patents and Publication
`
`No. 2011/0175914. 3DVU demonstrated a prototype for Microsoft personnel.
`
`12.
`
`As part of the acquisition discussions, and, on information and belief, to induce
`
`3DVU to continue making fiJrther disclosures regarding technology and other matters to
`
`Microsoft, Microsoft executives informed 3DVU that they had “strategic approval” from
`
`Microsoft to proceed with the acquisition deal.
`
`13.
`
`Instead of acquiring 3DVU, or purchasing or seeking to license this technology,
`
`upon information and belief, Microsoft without consent or authorization began to incorporate the
`
`technology of the "794, ’343, ’506, and ’239 patents and Publication No. 2011/0175914 into its
`
`products and services.
`
`14.
`
`Microsoft has prior knowledge of at least the "/'94 and ’343 patents as
`
`demonstrated by the fact that its own patents and patent applications refer to the "794 and ’343
`
`patents. The ’794 patent was cited during the prosecution of U.S. Patent No. 7,664,870
`
`(“the ’870 patent”) on August 15, 2008. The ’870 patent was assigned to Microsoft as of August
`
`15, 2008. The ’794 patent was also cited during the prosecution of U.S. Patent No. 8,3 86,560
`
`(“the "560 patent”) on September 8, 2008. The ’560 patent was assigned to Microsoft as of
`
`September 8, 2008. The ’343 patent, and its Publication No. 2010/0064002, were cited in an
`
`International Search Report for International Application No. PCT/US201 1/03 800 8, for which
`
`Microsoft was the applicant, on December 28, 2011. Publication No. 2010/0064002 is listed on
`
`

`

`Case 1:15—cv—00031—RGA Document 63 Filed 03/14/16 Page 5 of 112 Page|D #: 1068
`
`the face of U.S. Patent No. 8,446,441 that issued from International Application No.
`
`PCT/US201 1/03 8008.
`
`15.
`
`Bradium and its managing member and licensing agent General Patent
`
`Corporation wrote to Microsoft on May 27, 2014, and again on December 23, 2014, regarding
`
`the patent family that includes the "I94, ’343, ’506, and ’239 patents, but, despite these
`invitations, Microsoft did not enter into licensing or business discussions with Bradium or
`
`General Patent Corporation. (Exhibit A.) In both the May 27, 2014 and December 23, 2014
`
`letters, Bradium and General Patent Corporation noted the ’794 and ’343 patents, and informed
`
`Microsoft of Application No. 13/027,929, which issued as the ’S06 patent on December 30, 2014,
`
`and which published as Publication No. 2011/0175914 on July 21, 2011.
`
`16.
`
`Bradium wrote to Microsoft on February 2, 2016 informing Microsoft of the
`
`issuance ofthe ’239 patent. Antrue and correct copy ofthe February 2, 2016 letter is attached
`
`hereto as Exhibit B. On information and belief, Microsoft was already aware prior to February 2,
`
`2016 that the application for the ’239 patent had been granted and that the patent would issue. In
`
`the February 2, 2016 letter, Bradium informed Microsoft that Microsoft was directly and
`
`indirectly infringing the ’239 patent by, among other things, using, putting into service and
`
`inducing users to use Bing Maps, Bing Search and Bing Maps Preview products and services.
`
`Bradium requested that Microsoft immediately cease its infringing activities regarding the ’239
`
`patent, and that Microsoft inform Bradium by February 16, 2016 whether Microsoft would
`
`comply. Microsoft responded by letter dated February 16, 2016, in which letter Microsoft failed
`
`to state or indicate in any way that it would comply with Bradium’s request. Bradium sent a
`
`follow up letter dated February 17, 2016 noting Microsoffls failure to state whether it would
`
`comply with Bradiurn’s request and stating that Bradium would assume based upon such failure
`
`-5-
`
`

`

`Case 1:15-cv-00031-RGA Document 63 Filed 03/14/16 Page 6 of 112 PageID #: 1069
`
`that Microsoft did not intend to comply. On information and belief, Microsoft has not in fact
`
`complied with Bradium’s request, and Microsoft’s conduct in continuing its infringing conduct
`
`with respect to the ‘E39 patent by, among other things, using, putting into service and inducing
`
`users to use Bing Maps, Bing Search and Bing Maps Preview products and services after
`
`receiving notice of infringement of such patents, is objectively reckless and not in good faith.
`
`17.
`
`Microsofi provides mapping products and services, including Bing Maps products
`
`and services, in the United States, including in the District of Delaware. Microsofl distributes at
`
`least its Bing Search and Bing Maps Preview applications in this District, and Microsoft makes
`
`Bing Maps available via the web in this District.
`
`18.
`
`At least Microsoffis currently—available mapping products and services, including
`
`Bing Maps products and services, use the patented technology of the "794, ’343, ‘S06, and ‘Z39
`
`patents and Publication No. 2011/0175914.
`
`19.
`
`Bing Maps has been a part of Microsoft’s Online Services Division (“OSD”),
`
`including during Microsoft’s fiscal year 2013. The sale of search and display advertising
`
`accounted for nearly all of OSD’s revenue in fiscal year 2013.
`
`20.
`
`Bing Maps generates revenue for Microsoft directly and/or indirectly through the
`
`sale of search and display advertising and/or licensing.
`
`21.
`
`OSD’s online advertising revenue for fiscal year 2013 was approximately $3.0
`
`billion dollars.
`
`22.
`
`Microsoft has distributed, and continues to distribute, the Bing Maps Preview
`
`application via the Windows store, and the Bing Search application (which includes Bing Maps)
`
`-5-
`
`

`

`Case 1:15—cv—00031—RGA Document 63 Filed 03l14l16 Page 7 of 112 PageID #: 1070
`
`via at least the Google Play Store, the iOS App Store, and the Windows Store, and Microsoft has
`
`made, for example, Bing Maps available via Microsoft web sites to users via at least smartphone
`
`web browsers.
`
`23.
`
`Microsoft advertises and promotes mapping products and services, including Bing
`
`Maps and Bing Maps Preview. The Google Play Store indicates that the Bing Search application
`
`(which includes Bing Maps) is offered by Microsoft, and that the Bing Search application has
`
`been downloaded over one million times. The iOS App Store indicates that Microsoft is the
`
`seller of the Bing Search application. The Windows Store indicates that the Bing Maps Preview
`
`application is offered by Microsoft.
`
`24.
`
`Microsoft provides instructions for users of its mapping products and services,
`
`including Bing Maps and Bing Maps Preview, via, for example, Microsoft’s website, via Bing
`
`Blogs, and via the Bing Search application description that is displayed, for example, on the iOS
`
`App Store. For example, the description for Bing Search that is displayed on the iOS App Store
`
`instructs users, under the “Maps” heading, to “[g]et walking, driving, and transit directions with
`
`current traffic conditions,” and to “[e]xplore shops, restaurants and other places with ratings,
`
`prices, and other detailed information.” As another example, Microsoft provides instructions for
`
`users of the Bing Maps Preview application for Windows 8.1 in a September 10, 2014 Bing
`
`Blogs posting entitled “Get Around Town Faster with Bing Maps Preview App,”
`
`http://b1ogs.bing.con1/search/20 14/0 9/ 1 0/get-around-town—faster-with-bing-maps-preview-app/,
`
`and via a YouTube video entitled “Bing Maps Preview App,” that was posted by Microsoft’s
`
`Bing Maps Team on December 5, 2013, http:/fwww.youtube.com/watch?v=6X5a2Wj4URM.
`
`

`

`Case 1:15-cv-00031-RGA Document 63 Filed 03l14l16 Page 8 of 112 PageID #: 1071
`
`25.
`
`The Microsoft Bing Maps team makes some test data related to Bing Maps
`
`publicly available for Bing Maps. See Ricky Brundritt, Location Intelligencefor Windows Store
`
`Apps 199 (2014), available at http://blogs.msdn.com/bfrbrundrittfarchive/20l4/03/O4/free-ebook-
`
`location-intelligenoc-for-windows—store-apps.aspx.
`
`26.
`
`On information and belief, Microsoft also offers training on the use of at least the
`
`Bing Search application and Bing Maps, as part of the on-site training at one or more Microsoft
`
`Stores, including as part of the “Windows 8.1: Fundamentals of The New Windows’? course that
`
`is offered at the Microsoft Store in Newark, Delaware. The “event details” for this course
`
`indicate that the event includes instruction on apps. See Newark Event Calendar, Microsoft
`
`Store, http://www.microsoft.comlen-us/store/locations/de/newarkfchristiana-mall/store-
`
`16#events (last visited January 5, 2014).
`
`27.
`
`On June 16, 2015, Microsoft petitioned for inter partes review of all claims of
`
`the ’506, ’343, and ’794 patents on grounds of obviousness, in IPR Nos. lLPR20l5-01434,
`
`IPR20 1 5-0 1435, and IPR20l5~O1432, respectively.
`
`28.
`
`On December 23, 2015, the Patent Trial and Appeal Board denied institution of
`
`interpartes review of the ’343 and ’506 patents, rejecting each obviousness challenge asserted
`
`by Microsoft in its petition and concluding that Microsofi had failed to demonstrate a reasonable
`
`likelihood of success in proving that even a single claim of these patents was invalid. In
`
`particular, the Patent Trial and Appeal Board rejected Microsoft's petition regarding the ’343
`
`patent that was based on arguments that the following combinations of references invalidated the
`
`claims: Michael Potmesil, Maps Alive: Viewing Geospatial Information on the WWW, Computer
`
`Networks and ISDN Systems Vol. 29, No. 7 (Aug. 1997) (“Potmesz'l”) in View of PCT Patent
`
`

`

`Case 1:15—cv-00031-RGA Document 63 Filed 03114116 Page 9 of 112 Page!D #: 1072
`
`Publication W0 99/'4l675 (“Hornbacker”); Potmesil in view of Hornbacker and Peter Lindstrom
`
`et al., An Integrated Global GIS and Visual Simulation System, Graphics, Visualization &
`
`Usability Center, Georgia Institute of Technology, undated (“Lindstrom”); U.S. Patent No.
`
`6,650,998 (“Rutledge”) in view of U.S. Patent No. 5,682,441 (“Ligtenberg”) and U.S. Patent No.
`
`6,118,456 (“Cooper”); Rutledge in View 0fL1'gtenberg, Cooper and U.S Patent No. 5,940,117
`
`(“Hassan”); and Rutledge in View of Llgtenberg, Cooper and PCT Publication No. W0
`
`98/15920. See IPR2015—01434, Paper 15. The Patent Trial and Appeal Board also rejected
`
`Microsoft’s petition regarding the ’506 patent that was based on arguments that the following
`
`combinations of references invalidated the claims: Potmesll in view 0fH0rnbaclcer and
`
`Lindstrom; Rutledge in view ofLigtenberg and Cooper; and Rutledge in View ofLigtenberg,
`
`Cooper and Hassan. See IPR2015—O1435, Paper 14. Additionally, the Patent Trial and Appeal
`
`Board denied one of the grounds for Microsoft’s challenges to the claims ofthe ’794 patent.
`
`INFRINGEMENT OF U.S. PATENT NO. 7,139,794
`
`COUNT I
`
`29.
`
`The contents of Paragraphs 1 through 28 are incorporated by reference as if
`
`specifically set forth herein.
`
`30.
`
`On November 21, 2006, United States Letters Patent No. 7,139,794 for “System
`
`and Methods for Network Image Delivery with Dynamic Viewing Frustum Optimized for
`
`Limited Bandwidth Communication Channels,” was duly and legally issued to Isaac Levanon
`
`and Yoni Lavi. A Certificate of Correction issued for the ’794 patent on July 1, 2014. All rights
`
`and interest in the ’794 patent have been assigned to Bradium, including the right to sue for past
`
`damages. A true and correct copy of the ’794 patent, including the Certificate of Correction, is
`
`attached hereto as Exhibit C.
`
`

`

`Case 1:15—cv—O0031-RGA Document 63 Filed 03l14l:L6 Page 10 of 112 Page|D #: 1073
`
`31.
`
`On information and belief, Microsoft has directly infringed and continues to
`
`directly infiinge one or more claims of the ’794 patent, including at least claim 2, as the claims
`
`are properly construed both prior to and after the issuance of the Certificate of Correction. On
`
`information and belief, the infiinging acts include performing each step of claim 2 by or under
`
`the direction and control of Microsoft, including at least using one or more of: (i) Microsoft’s
`
`Bing Search application for Android on a computer device such as a smartphone; (ii) Microsoft's
`
`Bing Search application for iOS on a computer device such as a smartphone; (iii) Microsoft’s
`
`Bing Maps Preview application for Microsoft Windows on a computer device such as a
`
`smartphone; and/or (iv) Microsoft’s Bing Maps web sites available via smartphone web browsers
`
`on a computer device such as a smartphone.
`
`32.
`
`For example, on information and belief, Microsoft’s Bing Search application for
`
`Android on a computer device such as a smartphone, determines a viewpoint orientation with
`
`respect to a Bing Maps image displayed within a three-dimensional space, in response to user
`
`navigational commands when employing the “bird's eye” map style.
`
`33.
`
`Further, on information and belief, Microsoft’s Bing Search application for
`
`Android on a computer device such as a smartphone, in combination with Microsoft servers,
`
`requests Bing Maps map tiles in a priority order to provide progressive resolution enhancement
`
`of the Bing Maps image.
`
`34.
`
`On information and belief, Bing Maps map tiles are image parcels that correspond
`
`to a region of the map image and that have an associated resolution. See, e.g., Joe Schwartz,
`
`Bing Maps Tile System, Microsoft Developer Network, http:/fmsdn.microsoft.com/en-
`
`-10-
`
`

`

`Case 1:15—cv—00O31-RGA Document 63 Filed 03/141116 Page 11 of 112 ,Page|D #: 1074
`
`us/library/bb259689.aspx (last visited Oct. 31, 2014), which includes the following graphic that
`
`describes Bing Maps map tiles:
`
`
`
`35.
`
`Further, on information and belief, Microsoffs Bing Search application for
`
`Android on a computer device such as a smartphone, in combination with Microsoft servers,
`
`stores and renders the Bing Maps map tiles, and the priority of the map tiles is reevaluated in
`
`response to user navigational commands.
`
`36.
`
`Microsoft is therefore liable for direct infringement of the ’794 patent pursuant to
`
`35 U.S.C. § 27l(a).
`
`37.
`
`As of the date of the Complaint (13.1. 1), Microsoft is inducing infringement of at
`
`least claim 2 ofthe ’794 patent under 35 U.S.C. § 271(b), as the claims are properly construed
`
`both prior to and after the issuance of the Certificate of Correction, because Microsoft has
`
`intended, and continues to intend, to cause end users to use at least Bing Maps, Bing Maps
`
`Preview, and the Bing Search application in a manner covered by one or more claims of the ’794
`
`patent, including claim 2.
`
`-11-
`
`

`

`Case 1:15-cv-00031—RGA Document 53 Filed 03114116 Page 12 of 112 Page|D #: 1075
`
`38.
`
`Microsoft instructs and encourages end users to use at least Bing Maps and the
`
`Bing Search application in a manner covered by one or more claims of the ’794 patent, including
`
`claim 2.
`
`39.
`
`On information and belief, end users have used, and continue to use, at least, Bing
`
`Search, Bing Maps Preview, and Bing Maps in an infringing manner, as the claims are properly
`
`construed both prior to and after the issuance of the Certificate of Correction.
`
`40.
`
`As of the date of the Complaint (D.I. 1), Microsoft is actively inducing and
`
`encouraging direct infringement by end users by offering users Bing Rewards for using
`
`Microsoft andfor Bing products and services, including the Bing Search application. Microsoft
`
`also provides instructions to encourage end users to use at least Bing Maps, Bing Maps Preview
`
`and the Bing Search application in a manner covered by one or more claims of the ’794 patent,
`
`including claim 2, as the claims are properly construed both prior to and after the issuance of the
`
`Certificate of Correction.
`
`41.
`
`On information and belief, Microsoft as of the date of the Complaint (D.I. 1) had
`
`and has knowledge of the ’794 patent and knowledge that end users’_ use of at least Bing Maps,
`
`Bing Maps Preview, and the Bing Search application infringes the ’794 patent. On information
`
`and belief, as of the date of the Complaint (D.I. 1) Microsoft intends for end users to use at least
`
`Bing Maps, Bing Maps Preview, and the Bing Search application in a manner that directly
`
`infringes the ’794 patent.
`
`42.
`
`On information and belief, as of the date of the Complaint (D.I. 1) Microsoft had
`
`and has knowledge that the induced acts of end users of at least Bing Maps, the Bing Maps
`
`Preview application, and the Bing Search application constitute infringement of the ’794 patent.
`
`-12-
`
`

`

`Case 1:15-cv-00031-RGA Document 63 Filed 03114116 Page 13 of 112 PageID #: 1076
`
`43.
`
`As of the date of the Complaint (D.I. 1), Microsoft is contributing to direct
`
`infiingement of at least claim 2 of the ’794 patent under 35 U.S.C. § 271(0).
`
`44.
`
`Bing Maps and Bing Maps Preview, at least, are designed to operate in a manner
`
`that is covered by one or more claims of the ’794 patent, through, among other things, their use
`
`of map tiles. See, e.g., Joe Schwartz , Bing Maps Tile System, Microsoft Developer Network,
`
`http://msdn.microsoft.com/en-us/library/bb2S9689.aspx (last visited Oct. 31, 2014), which
`
`includes a graphic that describes Bing Maps map tiles. (See Paragraph 34.)
`
`45.
`
`Microsoft mapping products and services, including at least Bing Maps and Bing
`
`Maps Preview, are not staple articles of commerce with substantial non-infringing uses.
`
`46. When an end user uses Microsoft mapping products and services such as Bing
`
`Maps and Bing Maps Preview in their intended manner, such user performs all of the steps of
`
`one or more claims of the ’794 patent, including at least claim 2, as the claims are properly
`
`construed both prior to and after the issuance of the Certificate of Correction. Accordingly, at
`
`least Bing Maps and Bing Maps Preview are a material part of the invention claimed in the "794
`
`patent.
`
`47.
`
`The acts of direct and indirect infringement by Microsoft have caused, are causing,
`
`and will cause damage to Bradium. Bradium is entitled to recover such damages from Microsoft,
`
`in an amount subject to proof at trial.
`
`INFRINGEMENT OF U.S. PATENT NO. 7,908,343
`
`COUNT II
`
`48.
`
`The contents of Paragraphs 1 through 47 are incorporated by reference as if
`
`specifically set forth herein.
`
`-13.”
`
`

`

`Case 1:15-cv-00O31—RGA Document 63 Filed 03/14/16 Page 14 of 112 PagelD #: 1077
`
`49.
`
`On March 15, 2011, United States Letters Patent No. 7,908,343 for “Optimized
`
`Image Delivery Over Limited Bandwidth Communication Channels,” was duly and legally
`
`issued to Isaac Levanon and Yoni Lavi. All rights and interest in the ’343 patent have been
`
`assigned to Bradium, including the right to sue for past damages. A true and correct copy of
`
`the ’343 patent is attached hereto as Exhibit D.
`
`50.
`
`On information and belief, Microsoft has directly infiinged and continues to
`
`infringe at least claims 1 and 13 of the ’343 patent. The infringing acts include performing each
`
`step of claim 1 by or under the direction and control of Microsoft, including the performance of
`
`each step by, at least, using one or more of: (i) Microsoft’s Bing Search application for Android
`
`on a computer device such as a smartphone in combination with Microsofi; servers; (ii)
`
`Microsoft's Bing Search application for iOS on a computer device such as a smartphone in
`
`combination with Microsoft servers; (iii) Microsoft's Bing Maps Preview application for
`
`Microsoft Windows on a computer device such as a smartphone in combination with Microsoft
`
`servers; and/or (iv) Microsoft’s Bing Maps web sites available via smartphone web browsers on
`
`a computer device such as a smartphone in combination with Microsoft servers.
`
`51.
`
`The infringing acts fiarther include at least making, using, putting into service,
`
`selling, offering for sale, and/or importing, systems that are covered by one or more claims of
`
`the ’343 patent, including claim 13, for example, at least (i) Microsoft’s Bing Search application
`
`for Android on a computer device such as a smartphone in combination with Microsoft servers;
`
`(ii) Microsofi’s Bing Search application for iOS on a computer device such as a smartphone in
`
`combination with Microsoft servers; (iii) Microsoft’s Bing Maps Preview application for
`
`Windows on a computer device such as a smartphone in combination with Microsoft servers; and
`
`-14-
`
`

`

`Case 1:15-cv-00031—RGA Document 63 Filed 03/14/16 Page 15 of 112 Page|D #: 1078
`
`(iv) Microsoft’s Bing Maps web sites available via at least smartphone web browsers on a
`
`computer device such as a smartphone in combination with Microsoft servers.
`
`52.
`
`For example, on information and belief, the Bing Search application, operating on
`
`an Android device, requests, receives, and displays Bing Maps map tiles based on a user’s image
`
`viewpoint. Further, on information and belief, Microsoft servers process Bing Maps map tiles in
`
`an infringing manner.
`
`53.
`
`Microsoft is therefore liable for direct infringement of the ’343 patent pursuant to
`
`35 U.S.C. § 27l(a).
`
`54.
`
`As of the date of the Complaint (D.I. 1), Microsoft is inducing infringement of at
`
`least claim 13 of the ’343 patent under 35 U.S.C. § 27l(b), because Microsoft has intended, and
`
`continues to intend, to cause end users to use at least Bing Maps, Bing Maps Preview, and the
`
`Bing Search application in a manner covered by one or more claims of the ’343 patent, including
`
`claim 13.
`
`55.
`
`Microsoft instructs and encourages end users to use at least Bing Maps, Bing
`
`Maps Preview, and the Bing Search application in a manner covered by one or more claims of
`
`the ’343 patent, including claim 13.
`
`56.
`
`On information and belief, end users have used, and continue to use, at least Bing
`
`Search, Bing Maps Preview, and Bing Maps in an infringing manner, including by making, using
`
`and putting into service the system claimed in claim 13.
`
`57.
`
`As of the date of the Complaint (D.I. 1), Microsoft is actively inducing and
`
`encouraging direct infringement by end users by offering users Bing Rewards for using
`
`-15-
`
`

`

`Case 1:15—cv—00031-RGA Document 63 Filed 03/14/16 Page 16 of112 Page|D #: 1079
`
`Microsoft products and services, including the Bing Search application. Microsoft provides
`
`instructions that encourage end users to use at least Bing Maps, Bing Maps Preview, and the
`
`Bing Search application in a manner covered by one or more claims of the ’343 patent, including
`
`claim 13.
`
`58.
`On information and belief, Microsoft has knowledge of the ’343 patent and
`knowledge that end users’ use ofat least Bing Maps, Bing Maps Preview, and the Bing Search
`
`application infringes the '343 patent. On information and belief, Microsoft intends for end users
`
`to use at least Bing Maps, Bing Maps Preview, and the Bing Search application in a manner that
`
`directly infringes the ’343 patent.
`
`59.
`
`On information and belief, as of the date of the Complaint (D1. 1), Microsoft had
`
`and has knowledge that the induced acts of end users of at least Bing Maps, Bing Maps Preview,
`
`and the Bing Search application constitute infringement of the ’343 patent.
`
`60.
`
`Microsoft has, and continues to, commit acts of patent infringement of at least
`
`claim 13 of the ’343 patent under 35 U.S.C. § 271(f). Microsoft has, and continues to, supply all
`
`and/or a substantial portion of the components of the invention of at least claim 13 of the ’343
`
`patent in or fiom the United States, in such a manner as to actively induce the combination of
`
`such components outside of the United States in a manner that would infringe the patent if such
`
`combination occurred within the United States.
`
`61.
`
`Further, Microsoft has, and continues to, supply one or more components of the
`
`invention of at least claim 13 of the ’343 patent that are especially adapted for use in the
`
`invention and are not a staple article of commerce suitable for substantial noninfringing use,
`
`knowing that such components are so adapted and intending that such components will be
`
`-15-
`
`

`

`Case 1:15-cv—O0O31-RGA Document 63 Filed 03114116 Page 17 of 112 PageID #: 1080
`
`combined outside of the United States in a manner that would infringe at least claim 13 of
`
`the ’343 patent if such combination occurred within the United States.
`
`62.
`
`For example, on information and belief Microsoft supplies Microsoft hardware
`
`and/or servers in or from the United States, including as part of the Microsoft Edge Caching
`
`Program, that are especially adapted to, for example, deliver Bing Maps tiles to at least
`
`Micros0fi’s Bing Search application when the application is resident on a computer device such
`
`as a smartphone. When configured to provide mapping products or services, such as by
`
`providing Bing Maps tiles, the Microsoit hardware is not a staple article of commerce suitable
`
`for substantial noninfiinging use. Microsoft actively induces end users to use, for example, at
`
`least the Bing Maps Preview application such that the application is combined with the Microsoft
`
`hardware and/or servers outside of the United States in a manner that would infringe at least
`
`claim 13 of the ’343 patent if such combination occurred within the United States.
`
`63.
`
`As another example, Microsoft supplies in or fiom the United States, via the
`
`Windows Store, at least the Bing Maps Preview application, which is especially adapted to,
`
`among other things, retrieve Bing Maps tiles. Microsoft supplies the Bing Maps Preview
`
`application knowing that it will be combined outside of the United States with, for example,
`
`Microsofi servers, in a manner that would infringe at least claim 13 of the ’343 patent if such
`
`combination occurred within the United States.
`
`64.
`
`As of the date of the Complaint (DJ. 1), Microsoft is contributing to direct
`
`infringement of at least claim 13 of the ’343 patent under 35 U.S.C. § 271(0).
`
`-17-
`
`

`

`Case 1:15-cv-00031-RGA Document 63 Filed 03/14/16 Page 18 of 112 PagelD #: 1081
`
`65.
`
`Bing Maps and Bing Maps Preview, at least, are designed to operate in a manner
`
`that is covered by one or more claims of the ’343 patent, through, among other things, their use
`
`of Bing Maps map tiles. See, Paragraph 34, above.
`
`66.
`
`Microsoft mapping products and services, such as Bing Maps and Bing Maps
`
`Preview, are not staple articles of commerce with substantial nominfringing uses.
`
`67.
`
`_ When an end user uses Microsoft mapping products and services, such as Bing
`
`Maps and Bing Maps Preview, in their intended manner, such user makes, uses andfor puts into
`
`service the system of one or more claims of the ’343 patent, including claim 13. Accordingly, at
`
`least Bing Maps and Bing Maps Preview are a material part ofthe invention claimed in the ’343
`
`patent.
`
`68.
`
`The acts of direct and indirect infringement by Microsoft have caused, are causing,
`
`and will cause damage to Bradium. Bradium is entitled to recover such damages from Microsoft,
`
`in an amount subject to proof at trial.
`
`INFRINGEMENT OF U.S. PATENT NO. 8,924,506
`
`COUNT III
`
`69.
`
`The contents of Paragraphs 1 through 68 are incorporated by reference as if
`
`specifically set forth herein.
`
`70.
`
`On December 30, 2014, United States Letters Patent No. 8,924,506 for
`
`“Optimized Image Delivery Over Limited Bandwidth Communication Channels,” was duly and
`
`legally issued to Isaac Levanon and Yoni Lavi. All rights and interest in the ’506 patent have
`
`been assigned to Bradium, including the right to sue for past damages. A true and correct copy
`
`of the ‘S06 patent is attached hereto as Exhibit E.
`
`-13-
`
`

`

`Case 1:15-cv-00031-RGA Document 63 Filed 03/14/16 Page 19 of 112 Page|D #: 1082
`
`71.
`
`On July 21, 2011, United States Patent Application Publication No.
`
`201110175914 was published. A true and correct copy of Publication No. 2011/0175914 is
`
`attached hereto as Exhibit F.
`
`72.
`
`Microsoft had prior actual notice of Application No. 13/027,929, which is the
`
`patent application that issued as the ’506 patent, and of Publication No. US 2011/0175914,
`
`which is the publication associated with this application. The claims of Publication No. US
`
`2011/0175914 are substantially identical to the claims of the ’506 patent.
`
`73.
`
`On information and belief, Microsoft has directly infiinged and continues to
`
`infringe at least claims 1, 8 and 15 of the ’506 patent. The infringing acts include performing
`
`each step of claim 1 by or under the direction and control of Microsoft, including the
`
`performance of each step by, at least, using one or more of: (i) Microsoft’s Bing Search
`
`application for Android on a computer device such as a smartphone in combination with
`
`Microsoft servers; (ii) Microsoffs Bing Search application for iOS on a computer device such as
`
`a smartphone in combination with Microsoft servers; (iii) Microsofifs Bing Maps Preview
`
`application for Microsoft Windows on a computer device such as a smartphone in combination
`
`with Microsoft servers; and/or (i