Case 4:17-cv-05383-HSG Document 59 Filed 08/29/18 Page 1 of 28
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`M. ELIZABETH DAY (SBN 177125)
`eday@feinday.com
`DAVID ALBERTI (SBN 220265)
`dalberti@feinday.com
`MARC BELLOLI (SBN 244290)
`mbelloli@feinday.com
`FEINBERG DAY ALBERTI LIM &
`BELLOLI LLP
`1600 El Camino Real, Suite 280
`Menlo Park, CA 94025
`Tel: 650.618.4360
`Fax: 650.618.4368
`
`NI, WANG & MASSAND, PLLC
`Hao Ni (pro hac vice)
`hni@nilawfirm.com
`8140 Walnut Hill Lane, Suite 500
`Dallas, TX 75231
`Telephone: (972) 331-4600
`Facsimile: (972) 314-0900
`
`Attorneys for Plaintiff
`Hypermedia Navigation LLC
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF CALIFORNIA
`OAKLAND DIVISION
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`HYPERMEDIA NAVIGATION LLC,
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`
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` Plaintiff,
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`Case No. 4:17-cv-5383-HSG
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`AMENDED COMPLAINT
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`DEMAND FOR JURY TRIAL
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`v.
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`FACEBOOK, INC.,
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` Defendant.
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`AMENDED COMPLAINT
` 4:17-CV-5358-HSG
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`Facebook's Exhibit No. 1038
`Page 1
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`Case 4:17-cv-05383-HSG Document 59 Filed 08/29/18 Page 2 of 28
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`AMENDED COMPLAINT
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`This is an action for patent infringement in which Hypermedia Navigation LLC
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`(“Hypermedia”) makes the following allegations against Facebook, Inc. (“Defendant”):
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`PARTIES
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`1.
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`Hypermedia Navigation LLC is a Texas limited liability company with a principle
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`place of business located at 5068 W. Plano Parkway, Suite 300, Plano, TX 75093.
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`2.
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`Facebook, Inc., is a corporation organized and existing under the laws of Delaware,
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`with its principal place of business located at 1601 Willow Road, Menlo Park, CA 94025. Defendant
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`may be served with process through its registered agent: The Corporation Trust Company,
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`Corporation Trust Center, 1209 Orange St., Wilmington, DE 19801.
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`JURISDICTION AND VENUE
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`3.
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`This is an action for infringement of a United States patent arising under 35 U.S.C. §§
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`271(a), 281, and 284 - 85. This Court has subject matter jurisdiction over this action under 28 U.S.C.
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`§1331 and §1338(a).
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`4.
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`Venue is proper in this district pursuant to 28 U.S.C. § 1400(b). Defendant has a
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`regular place of business in this district at 1601 Willow Road, Menlo Park, CA 94025, and has
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`committed acts of patent infringement in this district.
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`5.
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`Defendant is subject to this Court’s specific and general personal jurisdiction pursuant
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`to due process and/or the California Long Arm Statute, due at least to Defendant’s substantial
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`business in this forum, including: (i) at least a portion of the infringements alleged herein; and (ii)
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`regularly doing or soliciting business, engaging in other persistent courses of conduct, and/or deriving
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`substantial revenue from goods and services provided to individuals in California and in this district.
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`AMENDED COMPLAINT
` 4:17-CV-5358-HSG
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`2
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`Facebook's Exhibit No. 1038
`Page 2
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`Case 4:17-cv-05383-HSG Document 59 Filed 08/29/18 Page 3 of 28
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`THE ASSERTED PATENTS
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`6.
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`The Hypermedia Patents disclose the solution to a problem created by internet web
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`navigation which lacked linear navigation for media elements such as television shows, movies, radio
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`programs, concert viewings, which were increasingly unorganized with virtually unlimited number
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`of choices, for example, searching for a content on the search term “President” in December 1998 on
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`www.Facebook.com would yield non-linear results.
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`7.
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`In 1998, one of the major search engine, Yahoo!’s search engine provided this simple
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`categorical home page with no media content navigation.
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`AMENDED COMPLAINT
` 4:17-CV-5358-HSG
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`Facebook's Exhibit No. 1038
`Page 3
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`Case 4:17-cv-05383-HSG Document 59 Filed 08/29/18 Page 4 of 28
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`8.
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`Search results through browsers were lists of links with no linear navigation for media
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`elements such as videos, images, and/or audio files or websites, for example, a search result for
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`president would look like this in 1999:
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`9.
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`The Hypermedia patents solved this problem by creating a linear navigation resource
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`program to navigate media elements by pulling multiple media elements from multiple hypermedia
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`resources from multiple remote information nodes and provides them to the subscriber station through
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`an interface which provides presentation of a media element and a linear navigation through a path
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`of additional media elements.
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`10.
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`On June 3, 2008, United States Patent No. 7,383,323 (the “’323 patent”) was duly and
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`legally issued by the United States Patent and Trademark Office for an invention titled “System and
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`Method for Creating and Navigating a Linear Hypermedia Resource Program.” A true and correct
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`copy of the ’323 patent is attached hereto as Exhibit A.
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`AMENDED COMPLAINT
` 4:17-CV-5358-HSG
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`Facebook's Exhibit No. 1038
`Page 4
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`Case 4:17-cv-05383-HSG Document 59 Filed 08/29/18 Page 5 of 28
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`11.
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`On June 3, 2008, United States Patent No. 7,383,324 (the “’324 patent”) was duly and
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`legally issued by the United States Patent and Trademark Office for an invention titled “System and
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`Method for Creating and Navigating a Linear Hypermedia Resource Program.” A true and correct
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`copy of the ’324 patent is attached hereto as Exhibit B.
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`12.
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`On September 9, 2008, United States Patent No. 7,424,523 (the “’523 patent”) was
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`duly and legally issued by the United States Patent and Trademark Office for an invention titled
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`“System and Method for Creating and Navigating a Linear Hypermedia Resource Program.” A true
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`and correct copy of the ’523 patent is attached hereto as Exhibit C.
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`13.
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`On January 13, 2009, United States Patent No. 7,478,144 (the “’144 patent”) was duly
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`and legally issued by the United States Patent and Trademark Office for an invention titled “System
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`and Method for Creating and Navigating a Linear Hypermedia Resource Program.” A true and correct
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`copy of the ’144 patent is attached hereto as Exhibit D.
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`14.
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`On August 3, 2010, United States Patent No. 7,769,830 (the “’830 patent”) was duly
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`and legally issued by the United States Patent and Trademark Office for an invention titled “System
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`and Method for Creating and Navigating a Linear Hypermedia Resource Program.” A true and correct
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`copy of the ’830 patent is attached hereto as Exhibit E.
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`15.
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`On August 21, 2012, United States Patent No. 8,250,173 (the “’173 patent”) was duly
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`and legally issued by the United States Patent and Trademark Office for an invention titled “System
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`and Method for Creating and Navigating a Linear Hypermedia Resource Program.” A true and correct
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`copy of the ’173 patent is attached hereto as Exhibit F.
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`16.
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`On July 14, 2015, United States Patent No. 9,083,672 (the “’672 patent”) was duly
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`and legally issued by the United States Patent and Trademark Office for an invention titled “System
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`AMENDED COMPLAINT
` 4:17-CV-5358-HSG
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`5
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`Facebook's Exhibit No. 1038
`Page 5
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`Case 4:17-cv-05383-HSG Document 59 Filed 08/29/18 Page 6 of 28
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`and Method for Creating and Navigating a Linear Hypermedia Resource Program.” A true and correct
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`copy of the ’672 patent is attached hereto as Exhibit G.
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`17.
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`On September 26, 2017, United States Patent No. 9,772,814 (the “’814 Patent”) was
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`duly and legally issued by the United States Patent and Trademark Office for an invention titled
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`“System and Method for Creating and Navigating a Linear Hypermedia Resource Program.” A true
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`and correct copy of the ’814 patent is attached hereto as Exhibit H.
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`18.
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`On January 9, 2018, United States Patent No. 9,864,575 (the “’575 Patent”) was duly
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`and legally issued by the United States Patent and Trademark Office for an invention titled “System
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`and Method for Creating and Navigating a Linear Hypermedia Resource Program.” A true and correct
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`copy of the ’575 patent is attached hereto as Exhibit I.
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`19.
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`The’323 Patent, the ’324 Patent, the ’523 Patent, the ’144 Patent, the ’830 Patent, the
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`’173 Patent, the ’672 Patent, the ’814 Patent, and the ’575 Patent are collectively referred to as the
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`“Asserted Patents.”
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`20.
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`Hypermedia is the owner of the Asserted Patents with all rights in and to the Asserted
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`Patents.
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`21.
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`Upon information and belief, to the extent any marking was required by 35 U.S.C.
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`§ 287 with regards to the Asserted Patents, Hypermedia has complied with such requirements.
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`COUNT I
`INFRINGEMENT OF U.S. PATENT NO. 7,383,323
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`22.
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`Defendant directly or through its intermediaries, makes, uses, imports, sells, and/or
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`offers for sale products and/or systems (i.e., Facebook video search (the “Accused Instrumentality”)
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`that infringes claims 10 and 11 of the ’323 patent.
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`23.
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`Upon information and belief, Defendant has been and is now infringing claims 10 and
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`11 of the ’323 Patent in the State of California, in this Judicial District, and elsewhere in the United
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`AMENDED COMPLAINT
` 4:17-CV-5358-HSG
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`6
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`Facebook's Exhibit No. 1038
`Page 6
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`Case 4:17-cv-05383-HSG Document 59 Filed 08/29/18 Page 7 of 28
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`States, by, among other things, directly or through intermediaries, making, using, selling and/or
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`offering for sale the Accused Instrumentality, covered by one or more claims of the ’323 Patent to the
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`injury of Hypermedia. Defendant is directly infringing, literally infringing, and/or infringing the ’323
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`Patent under the doctrine of equivalents. Defendant is thus liable for infringement of the ’323 Patent
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`pursuant to 35 U.S.C. § 271(a).
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`24.
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`The Accused Instrumentality infringes claim 10 of the ’323 Patent as it performs a
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`method for presenting video media elements to a subscriber station by receiving request from the
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`subscriber station to present at least one video element to the subscriber (e.g. Facebook receives a
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`request from a user for presenting video media elements results); selecting a plurality of video media
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`elements for presentation the subscriber station (e.g. Facebook video search selects a plurality of video
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`elements); creating a file for use by the subscriber station to create a user interface (e.g. Facebook video
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`search presents a viewing area of a user selected video); and transmitting the file to the subscriber
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`station. See Ex. A-1, Figs. 1-8.
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`25.
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`The Accused Instrumentality infringes claim 11 of the ’323 Patent as it performs the
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`method of claim 10 and receives the request from the subscriber station includes receiving a search
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`criteria and selecting the plurality of video media elements includes selecting the plurality of video
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`media elements based upon the search criteria (e.g. Facebook selects videos based on search terms).
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`See Ex. A-1, Figs. 1-8.
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`26.
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`As a result of Defendant’s infringement of the ’323 Patent, Hypermedia has suffered
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`monetary damages and is entitled to a money judgment in an amount adequate to compensate for
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`Defendant’s infringement, but in no event less than a reasonable royalty for the use made of the
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`invention by Defendant, together with interest and costs as fixed by the court.
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`AMENDED COMPLAINT
` 4:17-CV-5358-HSG
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`7
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`Facebook's Exhibit No. 1038
`Page 7
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`Case 4:17-cv-05383-HSG Document 59 Filed 08/29/18 Page 8 of 28
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`COUNT II
`INFRINGEMENT OF U.S. PATENT NO. 7,383,324
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`27.
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`Defendant directly or through its intermediaries, makes, uses, imports, sells, and/or
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`offers for sale products and/or systems (i.e., the Accused Instrumentality) that infringe claims 1, 2, and
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`4 of the ’324 patent.
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`Upon information and belief, Defendant has been and is now infringing claims 1, 2, and
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`4 of the ’324 Patent in the State of California, in this Judicial District, and elsewhere in the United
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`States, by, among other things, directly or through intermediaries, making, using, selling and/or
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`offering for sale the Accused Instrumentality, covered by one or more claims of the ’324 Patent to the
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`injury of Hypermedia. Defendant is directly infringing, literally infringing, and/or infringing the ’324
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`Patent under the doctrine of equivalents. Defendant is thus liable for infringement of the ’324 Patent
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`pursuant to 35 U.S.C. § 271(a).
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`29.
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`The Accused Instrumentality infringes claim 1 of the ’324 Patent as it performs a
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`method for presenting video media elements to a subscriber station by receiving request from the
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`subscriber station to present at least one video element to the subscriber (e.g. Facebook receives a
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`request from a user for presenting video media elements results); selecting a plurality of video media
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`elements for presentation the subscriber station (e.g. Facebook video search selects a plurality of video
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`elements); creating a file for use by the subscriber station to create a user interface (e.g. Facebook video
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`search presents a viewing area of a user selected video); and transmitting the file to the subscriber
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`station. See Ex. B-1, Figs. 1-12.
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`30.
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`The Accused Instrumentality infringes claim 2 of the ’324 Patent as it performs the
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`method of claim 1 and each of the first plurality of video media elements and the second plurality of
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`video elements are associated with the Web site. See Ex. B-1, Figs. 1-12.
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`AMENDED COMPLAINT
` 4:17-CV-5358-HSG
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`8
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`Facebook's Exhibit No. 1038
`Page 8
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`Case 4:17-cv-05383-HSG Document 59 Filed 08/29/18 Page 9 of 28
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`31.
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`The Accused Instrumentality infringes claim 4 of the ’324 Patent as it performs the
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`method of claim 1 and wherein receiving the search criteria from the subscriber station comprises
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`receiving a search term and selecting the second plurality of video media elements based upon the
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`search criteria comprises using the search term to select the second plurality of video media elements.
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`See Ex. B-1, Figs. 1-12.
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`32.
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`As a result of Defendant’s infringement of the ’324 Patent, Hypermedia has suffered
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`monetary damages and is entitled to a money judgment in an amount adequate to compensate for
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`Defendant’s infringement, but in no event less than a reasonable royalty for the use made of the
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`invention by Defendant, together with interest and costs as fixed by the court.
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`COUNT III
`INFRINGEMENT OF U.S. PATENT NO. 7,424,523
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`33.
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`Defendant directly or through its intermediaries, makes, uses, imports, sells, and/or
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`offers for sale products and/or systems (i.e., the Accused Instrumentality) that infringes claims 6, 7, 8,
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`9, 10, and 11 of the ’523 patent.
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`34.
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`Upon information and belief, Defendant has been and is now infringing claims 6, 7, 8,
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`9, 10, and 11 of the ’523 Patent in the State of California, in this Judicial District, and elsewhere in the
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`United States, by, among other things, directly or through intermediaries, making, using, selling and/or
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`offering for sale the Accused Instrumentality, covered by one or more claims of the ’523 Patent to the
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`injury of Hypermedia. Defendant is directly infringing, literally infringing, and/or infringing the ’523
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`Patent under the doctrine of equivalents. Defendant is thus liable for infringement of the ’523 Patent
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`pursuant to 35 U.S.C. § 271(a).
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`35.
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`The Accused Instrumentality infringes claim 6 of the ’523 Patent as it performs a
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`method for navigating a linear Web program by sending data from a remote information node to
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`display, on a display device at a user location, a first media element of the plurality of media elements
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`AMENDED COMPLAINT
` 4:17-CV-5358-HSG
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`9
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`Facebook's Exhibit No. 1038
`Page 9
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`Case 4:17-cv-05383-HSG Document 59 Filed 08/29/18 Page 10 of 28
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`from the single Website (e.g. Facebook video search sends to a user video search results), the first
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`media element having a forward link to a second media element of the linear Web program, and to
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`display a forward link indicator on the display device; receiving a first signal in response to an action
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`of the user indicating an activation of the forward link indicator, and in response to the activation of
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`the forward link indicator, sending data from the remote information node to display on the display
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`device (e.g. Facebook providing a forward link to the next media element and displaying the next media
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`element); and receiving a second signal in response to an action of the user indicating an activation of
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`the forward link indicator, and in response to the activation of the forward link indicator, sending data
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`from the remote information node to display on the display device, the third media element of the linear
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`Web program (e.g. Facebook presenting a third media element after receiving a second signal). See
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`Ex. C-1, Figs. 1-8.
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`36.
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`The Accused Instrumentality infringes claim 7 of the ’523 Patent as it performs the
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`method of claim 6 and the forward link indicator includes a forward link button. See Ex. C-1, Figs. 1-
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`8.
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`37.
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`The Accused Instrumentality infringes claim 8 of the ’523 Patent as it performs the
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`method of claim 6 and the media elements include a series of backward links by sending data from the
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`remote information node causing the display of a backward link on the display device. See Ex. C-1,
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`Figs. 1-8.
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`38.
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`The Accused Instrumentality infringes claim 9 of the ’523 Patent as it performs the
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`method of claim 8 and includes second media elements with a backward link to the first media element,
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`whereby receiving a third signal from a user action indicating activation of the backward, and in
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`response to the activation of the backward link from the second webpage being displayed on the device,
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`AMENDED COMPLAINT
` 4:17-CV-5358-HSG
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`10
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`Facebook's Exhibit No. 1038
`Page 10
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`Case 4:17-cv-05383-HSG Document 59 Filed 08/29/18 Page 11 of 28
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`activating a backward link to the first media element of the linear web program. See Ex. C-1, Figs. 1-
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`The Accused Instrumentality infringes claim 10 of the ’523 Patent as it performs the
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`method of claim 9 and the linear web program includes a plurality of addresses the correspond to the
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`plurality of media elements that are ordered in accordance with a linear sequence. See Ex. C-1, Figs.
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`1-8.
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`40.
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`The Accused Instrumentality infringes claim 11 of the ’523 Patent as it performs the
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`method of claim 6 and also store the linear web program at a remote information node. See Ex. C-1,
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`Figs. 1-8.
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`41.
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`As a result of Defendant’s infringement of the ’523 Patent, Hypermedia has suffered
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`monetary damages and is entitled to a money judgment in an amount adequate to compensate for
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`14
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`Defendant’s infringement, but in no event less than a reasonable royalty for the use made of the
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`15
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`17
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`18
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`19
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`20
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`21
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`22
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`24
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`25
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`invention by Defendant, together with interest and costs as fixed by the court.
`
`COUNT IV
`INFRINGEMENT OF U.S. PATENT NO. 7, 478,144
`
`42.
`
`Defendant directly or through its intermediaries, makes, uses, imports, sells, and/or
`
`offers for sale products and/or systems (i.e., the Accused Instrumentality) that infringes claims 40, 44,
`
`and 46 of the ’144 patent.
`
`43.
`
`Upon information and belief, Defendant has been and is now infringing claims 40, 44,
`
`and 46 of the ’144 Patent in the State of California, in this Judicial District, and elsewhere in the United
`
`States, by, among other things, directly or through intermediaries, making, using, selling and/or
`
`offering for sale the Accused Instrumentality, covered by one or more claims of the ’144 Patent to the
`
`injury of Hypermedia. Defendant is directly infringing, literally infringing, and/or infringing the ’144
`
`AMENDED COMPLAINT
` 4:17-CV-5358-HSG
`
`11
`
`Facebook's Exhibit No. 1038
`Page 11
`
`

`

`Case 4:17-cv-05383-HSG Document 59 Filed 08/29/18 Page 12 of 28
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`Patent under the doctrine of equivalents. Defendant is thus liable for infringement of the ’144 Patent
`
`pursuant to 35 U.S.C. § 271(a).
`
`44.
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`The Accused Instrumentality infringes claim 40 of the ’144 Patent as it performs the
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`method of claim 39 and the user interface includes a viewing area in which at least one image of the
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`plurality of found video media elements is presented and a map area in which information regarding
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`some of the plurality of found video media elements is presented. See Ex. D-1, Figs. 1-9.
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`45.
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`The Accused Instrumentality infringes claim 44 of the ’144 Patent as it performs a
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`method for performing a search for media elements and for providing the media elements to a
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`subscriber station by receiving a search request from the subscriber station to perform a search for
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`media elements (e.g. Facebook receives a search request from a user); searching for media elements
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`based upon the search request to produce a plurality of found media elements (e.g. Facebook searches
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`14
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`and produces a plurality of video search results); selecting, from the plurality of found media elements,
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`16
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`a first media element; selecting from the plurality of found media elements, a plurality of second media
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`elements (e.g. Facebook video search provides a linear result of a first media element along with a
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`plurality of second media elements); and creating a file for use by the subscriber station to create a user
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`interface (e.g. Facebook video search creates a return of results in a user interface format). See Ex. D-
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`20
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`1, Figs. 1-9.
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`21
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`22
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`23
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`24
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`46.
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`The Accused Instrumentality infringes claim 46 of the ’144 Patent as it performs the
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`method of claim 44 and the map area of the user interface includes links to the plurality of second
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`media elements. See Ex. D-1, Figs. 1-9.
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`47.
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`As a result of Defendant’s infringement of the ’144 Patent, Hypermedia has suffered
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`26
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`monetary damages and is entitled to a money judgment in an amount adequate to compensate for
`
`27
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`28
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`
`
`AMENDED COMPLAINT
` 4:17-CV-5358-HSG
`
`12
`
`Facebook's Exhibit No. 1038
`Page 12
`
`

`

`Case 4:17-cv-05383-HSG Document 59 Filed 08/29/18 Page 13 of 28
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`Defendant’s infringement, but in no event less than a reasonable royalty for the use made of the
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`invention by Defendant, together with interest and costs as fixed by the court.
`
`COUNT V
`INFRINGEMENT OF U.S. PATENT NO. 7,769,830
`
`48.
`
`Defendant directly or through its intermediaries, makes, uses, imports, sells, and/or
`
`offers for sale products and/or systems (i.e., the Accused Instrumentality) that infringes claims 1, 2, 3,
`
`4, 12, 15, 16, 18, 19, 24 and 25 of the ’830 patent.
`
`49.
`
`Upon information and belief, Defendant has been and is now infringing claims 1, 2, 3,
`
`4, 12, 15, 16, 18, 19, 24 and 25 of the ’830 Patent in the State of California, in this Judicial District,
`
`11
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`and elsewhere in the United States, by, among other things, directly or through intermediaries, making,
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`12
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`13
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`14
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`15
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`16
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`17
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`18
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`19
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`20
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`22
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`24
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`
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`using, selling and/or offering for sale the Accused Instrumentality, covered by one or more claims of
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`the ’830 Patent to the injury of Hypermedia. Defendant is directly infringing, literally infringing,
`
`and/or infringing the ’830 Patent under the doctrine of equivalents. Defendant is thus liable for
`
`infringement of the ’830 Patent pursuant to 35 U.S.C. § 271(a).
`
`50.
`
`The Accused Instrumentality infringes claim 1 of the ’830 Patent as it performs a
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`method for operating at least one web server to present video media elements to a subscriber station by
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`receiving a web page request from the subscriber station (e.g. the Facebook server receives a request
`
`from a user); in response to receiving the web page request, the at least one web server creating at least
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`one web page for use by a browser of the subscriber station to produce a user interface at the subscriber
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`station that includes a viewing area and a map area (e.g. Facebook generates a response viewable by a
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`user that includes a viewing area and a map area); and responding to the web page request by the at
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`least one web server by initiating download of the at least one web page to the subscriber station . See
`
`Ex. E-1, Figs. 1-10.
`
`AMENDED COMPLAINT
` 4:17-CV-5358-HSG
`
`13
`
`Facebook's Exhibit No. 1038
`Page 13
`
`

`

`Case 4:17-cv-05383-HSG Document 59 Filed 08/29/18 Page 14 of 28
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`10
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`11
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`12
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`13
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`51.
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`The Accused Instrumentality infringes claim 2 of the ’830 Patent as it performs the
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`method of claim 1 and receiving the web page request from the subscriber station includes the at least
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`one web server receiving a search criteria and the at least one web server selecting the first video media
`
`element and the plurality of second video media elements based upon the search criteria (e.g. Facebook
`
`selects videos based on the search term). See Ex. E-1, Figs. 1-10.
`
`52.
`
`The Accused Instrumentality infringes claim 3 of the ’830 Patent as it performs the
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`method of claim 1 and further receives a search criteria by the at least one web server from the
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`subscriber station and selects the first video media element and the plurality of second video media
`
`elements by the at least one web server based upon the search criteria. See Ex. E-1, Figs. 1-10.
`
`53.
`
`The Accused Instrumentality infringes claim 4 of the ’830 Patent as it performs the
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`method of claim 1 and receives a selection from the subscriber station of one of the plurality of second
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`14
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`video media elements for display in the viewing area by the at least one web server. See Ex. E-1, Figs.
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`15
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`16
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`17
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`18
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`19
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`20
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`21
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`22
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`23
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`24
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`25
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`1-10.
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`54.
`
`The Accused Instrumentality infringes claim 12 of the ’830 Patent as it performs the
`
`method of claim 1 and at least some icons of the map area convey subjects corresponding to second
`
`video media elements. See Ex. E-1, Figs. 1-10.
`
`55.
`
`The Accused Instrumentality infringes claim 15 of the ’830 Patent as it performs a
`
`method for presenting video media elements to a subscriber station by at least one web server by
`
`creating at least one web page by the at least one web server for use by a browser of the subscriber
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`station to produce a user interface at the subscriber station that includes a viewing area in which a first
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`video media element is presented and a map area in which a plurality of icons are presented (e.g.
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`26
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`Facebook creates a web page for use by the subscriber station), each icon representative of a
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`27
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`
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`corresponding one of a plurality of second video media elements; receiving a web page request from
`
`AMENDED COMPLAINT
` 4:17-CV-5358-HSG
`
`14
`
`Facebook's Exhibit No. 1038
`Page 14
`
`

`

`Case 4:17-cv-05383-HSG Document 59 Filed 08/29/18 Page 15 of 28
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`the subscriber station; and responding to the web page request by initiating download of the at least
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`one web page to the subscriber station. See Ex. E-1, Figs. 1-10.
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`56.
`
`The Accused Instrumentality infringes claim 16 of the ’830 Patent as it performs the
`
`method of claim 15 and the plurality of video media elements are selected by the web server after
`
`receipt of the web page request from the subscriber station. See Ex. E-1, Figs. 1-10.
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`57.
`
`The Accused Instrumentality infringes claim 18 of the ’830 Patent as it performs the
`
`method of claim 15 and further receives a search criteria and selects the first video media element and
`
`the plurality of second video media elements by based upon the search criteria (e.g. Facebook selects
`
`videos based on a search term). See Ex. E-1, Figs. 1-10.
`
`58.
`
`The Accused Instrumentality infringes claim 19 of the ’830 Patent as it performs the
`
`method of claim 15 and further receives a selection from the subscriber station of the plurality of second
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`14
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`video media elements for displaying in the viewing area. See Ex. E-1, Figs. 1-10.
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`15
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`16
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`17
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`18
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`19
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`59.
`
`The Accused Instrumentality infringes claim 24 of the ’830 Patent as it performs the
`
`method of claim 15 and at least some icons of the map area convey subjects of corresponding second
`
`video media elements. See Ex. E-1, Figs. 1-10.
`
`60.
`
`The Accused Instrumentality infringes claim 25 of the ’830 Patent as it performs the
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`20
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`method of claim 15 and the plurality of video media elements for presentation to the subscriber station
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`21
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`22
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`23
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`24
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`25
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`resides on a common Web site. See Ex. E-1, Figs. 1-10.
`
`61.
`
`As a result of Defendant’s infringement of the ’830 Patent, Hypermedia has suffered
`
`monetary damages and is entitled to a money judgment in an amount adequate to compensate for
`
`Defendant’s infringement, but in no event less than a reasonable royalty for the use made of the
`
`26
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`invention by Defendant, together with interest and costs as fixed by the court.
`
`27
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`28
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`
`
`AMENDED COMPLAINT
` 4:17-CV-5358-HSG
`
`15
`
`Facebook's Exhibit No. 1038
`Page 15
`
`

`

`Case 4:17-cv-05383-HSG Document 59 Filed 08/29/18 Page 16 of 28
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`2
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`COUNT VI
`INFRINGEMENT OF U.S. PATENT NO. 8,250,173
`
`62.
`
`Defendant directly or through its intermediaries, makes, uses, imports, sells, and/or
`
`offers for sale products and/or systems (i.e., the Accused Instrumentality) that infringes claims 15, 16,
`
`5
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`24, and 25 of the ’173 patent.
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`6
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`7
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`8
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`9
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`10
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`63.
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`Upon information and belief, Defendant has been and is now infringing claims 15, 16,
`
`24, and 25 of the ’173 Patent in the State of California, in this Judicial District, and elsewhere in the
`
`United States, by, among other things, directly or through intermediaries, making, using, selling and/or
`
`offering for sale the Accused Instrumentality, covered by one or more claims of the ’173 Patent to the
`
`11
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`injury of Hypermedia. Defendant is directly infringing, literally infringing, and/or infringing the ’173
`
`12
`
`13
`
`14
`
`15
`
`16
`
`Patent under the doctrine of equivalents. Defendant is thus liable for infringement of the ’173 Patent
`
`pursuant to 35 U.S.C. § 271(a).
`
`64.
`
`The Accused Instrumentality infringes claim 15 of the ’173 Patent as it performs a
`
`method for presenting video media elements to a subscriber station by at least one web server by
`
`17
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`receiving a web page request from the subscriber station that includes a search criteria (e.g. the
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`18
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`19
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`20
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`21
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`22
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`23
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`24
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`25
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`26
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`27
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`28
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`
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`Facebook Video search receives a web page request that includes a search criteria); retrieving a
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`plurality of video media elements based upon the search criteria; creating at least one web page by the
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`at least one web server for use by a browser of the subscriber station to produce a user interface (e.g.
`
`Facebook generates a response viewable by a user that includes a viewing area and a map area); and
`
`responding to the web page request by the at least one web server by initiating download of the at least
`
`one web page to the subscriber station . See Ex. F-1, Figs. 1-11.
`
`65.
`
`The Accused Instrumentality infringes claim 16 of the ’173 Patent as it performs the
`
`method of claim 15 and further receives a selection from the subscriber station of a corresponding video
`
`AMENDED COMPLAINT
` 4:17-CV-5358-HSG
`
`16
`
`Facebook's Exhibit No. 1038
`Page 16
`
`

`

`Case 4:17-cv-05383-HSG Document 59 Filed 08/29/18 Page 17 of 28
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