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`Case 3:20-cv-03365-N Document 1 Filed 11/11/20 Page 1 of 11 PageID 1Case 3:20-cv-03365-N Document 1 Filed 11/11/20 Page 1 of 11 PageID 1
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`THE UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF TEXAS
`DALLAS DIVISION
`
`
`ROTHSCHILD BROADCAST
`DISTRIBUTION SYSTEMS, LLC,
`
`Plaintiff,
`
`
`v.
`FUZE, INC.,
`
`
`
`
`Defendant.
`
` CIVIL ACTION NO. 3:20-cv-03365
`
`
` JURY TRIAL DEMANDED
`
`
`COMPLAINT
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`
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`
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`Plaintiff Rothschild Broadcast Distribution Systems, LLC (“Plaintiff” or “Rothschild
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`Broadcast Distribution Systems”) files this complaint against Fuze, Inc. (“Fuze”) for infringement
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`of U.S. Patent No. 8,856,221 (hereinafter the “`221 Patent”) and alleges as follows:
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`PARTIES
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`1.
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`Plaintiff is a Texas limited liability company with an office at 1801 NE 123 Street, Suite
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`314, Miami, FL 33181.
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`2.
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`On information and belief, Defendant is a Delaware corporation, with a place of business
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`at 3001 Dallas Pkwy., Ste. 140, Frisco, Texas 75034. On information and belief, Defendant may
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`be served through its agent, The Corporation Trust Company, Corporation Trust Center, 1209
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`Orange St., Wilmington, DE 19801.
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`JURISDICTION AND VENUE
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`3.
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`This action arises under the patent laws of the United States, 35 U.S.C. § 271 et seq.
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`Plaintiff is seeking damages, as well as attorney fees and costs.
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`Case 3:20-cv-03365-N Document 1 Filed 11/11/20 Page 2 of 11 PageID 2Case 3:20-cv-03365-N Document 1 Filed 11/11/20 Page 2 of 11 PageID 2
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`Jurisdiction is proper in this Court pursuant to 28 U.S.C. §§ 1331 (Federal Question) and
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`
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`4.
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`1338(a) (Patents).
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`5.
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`On information and belief, this Court has personal jurisdiction over Defendant because
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`Defendant has committed, and continues to commit, acts of infringement in this District, has
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`conducted business in this District, and/or has engaged in continuous and systematic activities in
`this District.
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`6.
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`Upon information and belief, Defendant’s instrumentalities that are alleged herein to
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`infringe were and continue to be used, imported, offered for sale, and/or sold in the District.
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`7.
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`Venue is proper in this District under 28 U.S.C. §1400(b) because Defendant is deemed to
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`be a resident in this District. Alternatively, acts of infringement are occurring in this District and
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`Defendant has a regular and established place of business in this District.
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`BACKGROUND
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`8.
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`On October 7, 2014, the United States Patent and Trademark Office (“USPTO”) duly and
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`legally issued the `221 Patent, entitled “System and Method for Storing Broadcast Content in a
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`Cloud-Based Computing Environment” after the USPTO completed a full and fair examination.
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`The ‘221 Patent is attached as Exhibit A.
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`9.
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`Rothschild Broadcast Distribution Systems is currently the owner of the `221 Patent.
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`10.
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`Rothschild Broadcast Distribution Systems possesses all rights of recovery under the `221
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`Patent, including the exclusive right to recover for past, present and future infringement.
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`11.
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`The `221 Patent contains thirteen claims including two independent claims (claims 1 and
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`7) and eleven dependent claims.
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`Case 3:20-cv-03365-N Document 1 Filed 11/11/20 Page 3 of 11 PageID 3Case 3:20-cv-03365-N Document 1 Filed 11/11/20 Page 3 of 11 PageID 3
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`
`
`COUNT ONE
`(Infringement of United States Patent No. 8,856,221)
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`12.
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`Plaintiff refers to and incorporates the allegations in Paragraphs 1 - 11, the same as if set
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`forth herein.
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`13.
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`This cause of action arises under the patent laws of the United States and, in particular
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`under 35 U.S.C. §§ 271, et seq.
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`14.
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`Defendant has knowledge of its infringement of the `221 Patent, at least as of the service
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`of the present complaint.
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`15.
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`Upon information and belief, Defendant has infringed and continues to infringe one or
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`more claims, including at least Claim 7, of the ‘221 Patent by making, using, importing, selling,
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`and/or offering for media content storage and delivery systems and services covered by one or
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`more claims of the ‘221 Patent.
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`16.
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`Accordingly, Defendant has infringed, and continues to infringe, the `221 Patent in
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`violation of 35 U.S.C. § 271.
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`17.
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`Defendant sells, offers to sell, and/or uses media content storage and delivery systems and
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`services, including, without limitation, the Fuze enterprise cloud PBX phone system, Fuze Portal,
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`and any similar products (“Product”), which infringes at least Claim 7 of the ‘221 Patent.
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`18.
`
`The Product practices a method of storing (e.g., cloud storage) media content (e.g.,
`
`voicemail, etc.) and delivering requested media content to a consumer device. Certain aspects of
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`these elements are illustrated in the screenshots below and/or in those provided in connection with
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`other allegations herein.
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`Case 3:20-cv-03365-N Document 1 Filed 11/11/20 Page 4 of 11 PageID 4Case 3:20-cv-03365-N Document 1 Filed 11/11/20 Page 4 of 11 PageID 4
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`
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`The Product necessarily includes a receiver configured to receive a request message
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`19.
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`including data indicating requested media content (e.g., the Product must have infrastructure to
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`receive a request to store recorded media content or to stream recorded media content on a
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`smartphone; additionally, the request message must contain data that identifies the content to be
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`stored or streamed) and a consumer device identifier corresponding to a consumer device (e.g., the
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`user credentials are used to access the contents of the Product). Certain aspects of these elements
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`are illustrated in the screenshots below and/or in those provided in connection with other
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`allegations herein.
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`Case 3:20-cv-03365-N Document 1 Filed 11/11/20 Page 5 of 11 PageID 5Case 3:20-cv-03365-N Document 1 Filed 11/11/20 Page 5 of 11 PageID 5
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`20.
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`The Product necessarily determines whether the consumer device identifier corresponds to
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`the registered consumer device (e.g., a user must be a registered user to access the Product’s
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`services). Certain aspects of these elements are illustrated in the screenshots below and/or in those
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`provided in connection with other allegations herein.
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`21.
`
`The Product provides for both media downloads and/or storage, and media streaming. After
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`a successful login, the Product necessarily determines whether the request received from a
`
`customer is a request for storage (e.g., recording or storing content) or content (e.g., streaming of
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`media content). Certain aspects of these elements are illustrated in the screenshots below and/or
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`in those provided in connection with other allegations herein.
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`Case 3:20-cv-03365-N Document 1 Filed 11/11/20 Page 6 of 11 PageID 6Case 3:20-cv-03365-N Document 1 Filed 11/11/20 Page 6 of 11 PageID 6
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`22.
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`The Product verifies that media content identified in the media data of the storage request
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`message (e.g., request to record content) is available for storage in order to prevent data errors that
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`would result from attempting to store content that is not available for storage. The Product must
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`verify that the media content (e.g. specific recording) identified in the media data of the storage
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`request message is available for storage in order to prevent data errors that would result from
`
`attempting to store content that is not available for storage (e.g., the product must verify a user’s
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`ability to store media content is limited to a certain amount of time). Certain aspects of these
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`elements are illustrated in the screenshots below and/or in those provided in connection with other
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`allegations herein.
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`Case 3:20-cv-03365-N Document 1 Filed 11/11/20 Page 7 of 11 PageID 7Case 3:20-cv-03365-N Document 1 Filed 11/11/20 Page 7 of 11 PageID 7
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`
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`23. If a customer requests content (e.g., live streaming of media content), then a processor within
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`the Product necessarily initiates delivery of the content to the customer’s device. The Product will
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`initiate delivery of the requested media content to the consumer device (e.g., stream media content
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`feed to a smartphone or tablet etc.) if the request message is a content request message (e.g., request
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`for live streaming). Certain aspects of these elements are illustrated in the screen shots below
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`and/or in screen shots provided in connection with other allegations herein.
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`Case 3:20-cv-03365-N Document 1 Filed 11/11/20 Page 8 of 11 PageID 8Case 3:20-cv-03365-N Document 1 Filed 11/11/20 Page 8 of 11 PageID 8
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`
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`24. The media data time data that indicates a length of time to store the requested media content
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`(e.g. a user is allowed to store media content for a retention time period). Certain aspects of these
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`elements are illustrated in the screenshots below and/or in those provided in connection with other
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`allegations herein.
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`25. The server must first determine whether the requested media content exists prior to initiating
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`delivery in order to prevent data errors that would result from attempting to transmit media content
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`that does not exist (e.g. the product must verify that a particular requested data is stored in the
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`cloud). Certain aspects of these elements are illustrated in the screenshots below and/or in those
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`provided in connection with other allegations herein.
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`Case 3:20-cv-03365-N Document 1 Filed 11/11/20 Page 9 of 11 PageID 9Case 3:20-cv-03365-N Document 1 Filed 11/11/20 Page 9 of 11 PageID 9
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`26. After the processor determines whether the requested media content is available, it determines
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`whether there are restrictions associated with the requested media content (e.g., time period, etc.).
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`Certain aspects of these elements are illustrated in the screenshots below and/or those provided in
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`connection with other allegations herein.
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`Case 3:20-cv-03365-N Document 1 Filed 11/11/20 Page 10 of 11 PageID 10Case 3:20-cv-03365-N Document 1 Filed 11/11/20 Page 10 of 11 PageID 10
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`27. Defendant’s actions complained of herein will continue unless Defendant is enjoined by this
`Court.
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`28. Defendant’s actions complained of herein is causing irreparable harm and monetary damage
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`to Plaintiff and will continue to do so unless and until Defendant is enjoined and restrained by this
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`Court.
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`29. The `221 Patent is valid, enforceable, and was duly issued in full compliance with Title 35
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`of the United States Code.
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`30. A copy of the ‘221 Patent, titled “System and Method for Storing Broadcast Content in a
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`Cloud-based Computing Environment,” is attached hereto as Exhibit A.
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`31. By engaging in the conduct described herein, Defendant has injured Plaintiff and is liable
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`for infringement of the `221 Patent, pursuant to 35 U.S.C. § 271.
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`32. Defendant has committed these acts of literal infringement, or infringement under the doctrine
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`of equivalents of the `221 Patent, without license or authorization.
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`33. As a result of Defendant’s infringement of the `221 Patent, injured Plaintiff has suffered
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`monetary damages and is entitled to a monetary judgment in an amount adequate to compensate
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`for Defendant’s past infringement, together with interests and costs.
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`34. Plaintiff is in compliance with 35 U.S.C. § 287.
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`35. As such, Plaintiff is entitled to compensation for any continuing and/or future infringement
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`of the `221 Patent up until the date that Defendant ceases its infringing activities.
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`DEMAND FOR JURY TRIAL
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`36. Rothschild Broadcast Distribution Systems, under Rule 38 of the Federal Rules of Civil
`
`Procedure, requests a trial by jury of any issues so triable by right.
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`Case 3:20-cv-03365-N Document 1 Filed 11/11/20 Page 11 of 11 PageID 11Case 3:20-cv-03365-N Document 1 Filed 11/11/20 Page 11 of 11 PageID 11
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`
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`WHEREFORE, Plaintiff asks the Court to:
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`PRAYER FOR RELIEF
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`(a) Enter judgment for Plaintiff on this Complaint on all cases of action asserted herein;
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`(b) Enter an Order enjoining Defendant, its agents, officers, servants, employees, attorneys, and
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`all persons in active concert or participation with Defendant who receives notice of the order from
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`further infringement of United States Patent No. 8,856,221 (or, in the alternative, awarding
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`Plaintiff running royalty from the time judgment going forward);
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`(c) Award Plaintiff damages resulting from Defendants infringement in accordance with 35 U.S.C.
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`§ 284;
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`(d) Award Plaintiff such further relief to which the Court finds Plaintiff entitled under law or
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`equity.
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`Dated: November 11, 2020
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`Respectfully submitted,
`
`/s/ Jay Johnson
`JAY JOHNSON
`State Bar No. 24067322
`D. BRADLEY KIZZIA
`State Bar No. 11547550
`KIZZIA JOHNSON, PLLC
`1910 Pacific Avenue, Suite 13000
`Dallas, Texas 75201
`(214) 451-0164
`Fax: (214) 451-0165
`Jay@kjpllc.com
` Bkizzia@kpllc.com
`
`ATTORNEYS FOR PLAINTIFF
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