Case 6:19-cv-00712-ADA Document 1 Filed 12/17/19 Page 1 of 51
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
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`Case No. 6:19-cv-712
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`JURY TRIAL DEMANDED
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`BROADBAND iTV, INC.,
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`Plaintiff,
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`v.
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`AT&T SERVICES, INC., and
`AT&T COMMUNICATIONS, LLC,
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`Defendants.
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`COMPLAINT FOR PATENT INFRINGEMENT
`Plaintiff Broadband iTV, Inc. (“BBiTV”), by and through the undersigned counsel,
`hereby files this complaint (“Complaint”) and makes the following allegations of patent
`infringement relating to U.S. Patent Nos. 10,028,026, 10,349,101, 9,998,791, and 9,648,388
`against Defendants AT&T Services, Inc. and AT&T Communications, LLC (collectively,
`“AT&T”) and alleges as follows upon actual knowledge with respect to itself and its own acts
`and upon information and belief as to all other matters:
`NATURE OF THE ACTION
`1.
`This is an action for patent infringement. BBiTV alleges that AT&T infringes
`U.S. Patent Nos. 10,028,026 (the “’026 Patent”), 10,349,101 (the “’101 Patent”), 9,998,791 (the
`“’791 Patent”), and 9,648,388 (the “’388 Patent”) copies of which are attached hereto as Exhibits
`A-D (collectively, “the Asserted Patents”).
`2.
`BBiTV alleges that AT&T directly and indirectly infringes the Asserted Patents
`by making, using, offering for sale, selling and importing, among other things, set-top boxes
`(“STBs”) and mobile device apps that provide certain novel video-on-demand (“VOD”)
`functionalities. AT&T also induces and contributes to the infringement of others including its
`users, customers, agents, or other third parties. BBiTV seeks damages and other relief for
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`AT&T’s direct and indirect infringement of the Asserted Patents.
`THE PARTIES
`3.
`BBiTV is a Delaware corporation headquartered at 201 Merchant Street, Suite
`1830, Honolulu, Hawaii 96813.
`4.
`BBiTV holds all substantial rights, title and interest in and to the Asserted Patents.
`5.
`Upon information and belief, Defendant AT&T Services, Inc. is a Delaware
`corporation with a place of business at 175 E. Houston Street, San Antonio, Texas 78205 and
`with a registered agent for service of process at CT Corporation System, 1999 Bryan Street,
`Suite 900, Dallas, Texas 75201.
`6.
`On information and belief, Defendant AT&T Communications, LLC is a
`Delaware limited liability company with a principal place of business at 208 South Akard Street,
`Dallas, Texas 75202 and with a registered agent for service of process at The Corporation Trust
`Company, 1209 Orange St., Wilmington, Delaware 19801.
`JURISDICTION AND VENUE
`7.
`This action for patent infringement arises under the Patent Laws of the United
`States, 35 U.S.C. § 1 et. seq. This Court has original jurisdiction under 28 U.S.C. §§ 1331 and
`1338.
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`8.
`Venue in the Western District of Texas is proper pursuant to 28 U.S.C.
`§§ 1391(b), (c) and § 1400(b) because AT&T has a regular and established place of business in
`this District, including at 175 E. Houston, San Antonio, Texas 78205; has committed acts within
`this District giving rise to this action; and AT&T continues to conduct business in this District,
`including one or more acts of selling, using, importing, and/or offering for sale infringing
`products or providing support service to AT&T’s customers in this District. Upon information
`and belief, AT&T conducts business in this District at, inter alia, 1428 Wooded Acres Drive,
`Suite 120, Waco, Texas 76710; 1515 Hewitt Drive, Suite A, Waco, Texas 76712; 2320 W. Loop
`340, Suite 100A, Waco, Texas 76711; 4265 Interstate 35 N., Waco, TX 76705; and 4330 W.
`Waco Drive, Waco, Texas 76710.
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`9.
`AT&T is subject to this Court’s specific and general personal jurisdiction
`pursuant to due process or the Texas Long Arm Statute, due at least to AT&T’s substantial
`business in this forum, including: (i) business related to infringing acts as alleged herein; or (ii)
`regularly doing or soliciting business, engaging in other persistent courses of conduct, or
`deriving substantial revenue from goods and services provided to individuals in Texas and in this
`District. Within this state, AT&T has used the patented inventions thereby committing, and
`continuing to commit, acts of patent infringement alleged herein. In addition, AT&T has derived
`revenues from its infringing acts occurring within the Western District of Texas. Further, AT&T
`is subject to the Court’s general jurisdiction, including from regularly doing or soliciting
`business, engaging in other persistent courses of conduct, and deriving substantial revenue from
`goods and services provided to persons or entities in Texas and the Western District of Texas.
`Further, AT&T is subject to the Court’s personal jurisdiction at least due to its sale of products or
`services within Texas and the Western District of Texas. AT&T has committed such purposeful
`acts or transactions in Texas such that they reasonably should know and expect that they could
`be haled into this Court because of such activity.
`COUNT I – INFRINGEMENT OF U.S. PATENT NO. 10,028,026
`10.
`The allegations of paragraphs 1-9 of this Complaint are incorporated by reference
`as though fully set forth herein.
`11.
`The ’026 Patent, titled “System for addressing on-demand TV program content on
`TV services platform of a digital TV services provider,” issued on July 17, 2018. A copy of the
`’026 Patent is attached as Exhibit A.
`12.
`Pursuant to 35 U.S.C. § 282, the ’026 Patent is presumed valid.
`13.
`Upon information and belief, AT&T makes, uses, offers for sale, and/or sells in
`the United States and/or imports into the United States products and services that provide
`AT&T’s subscribers with video on-demand (“VOD”) services using set-top boxes (“STBs”) and
`mobile device apps (collectively the “Accused ’026 Patent Products”). Specifically, AT&T, by
`and through its various operator subsidiaries, provides Internet-connected STBs such as AT&T
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`U-verse for receiving, via the Internet, video content to be viewed by VOD system subscribers.
`Likewise, AT&T provides such mobile device apps, such as the AT&T U-verse App available
`for iOS devices on Apple’s App Store and for Android devices on Google Play that are
`downloaded to subscribers’ Internet-connected devices—including smartphones and tablets—for
`receiving, via the Internet, video content to be viewed by VOD system subscribers. See
`https://apps.apple.com/us/app/u-verse/id312886438;
`https://play.google.com/store/apps/details?id=com.att.android.uverse.
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`14.
`Upon information and belief, the Accused ’026 Patent Products infringe at least
`claims 1, 3, 5, 8, and 11 of the ’026 Patent in the exemplary manner described below.
`15.
`As to claim 1, AT&T provides an Internet-connected digital device, including a
`set-top box for receiving, via the Internet, video content to be viewed by a subscriber of a video-
`on-demand system. AT&T additionally provides software (e.g., a mobile device app such as
`AT&T U-Verse) for which a third-party Internet-connected device (e.g., a smartphone or tablet)
`receives, via the Internet, video content to be viewed by a subscriber of a video-on-demand
`system. In many cases, AT&T also provides smartphones to its U-Verse subscribers, and
`encourages U-Verse subscribers to obtain smartphones from AT&T by offering discounts on U-
`Verse packages to those who also subscribe to a wireless plan from AT&T.
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`Source: https://www.att.com/tv/packages.html
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`Source: U-verse on Apple App Store, https://apps.apple.com/us/app/u-verse/id312886438
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`16.
`In both cases, AT&T provides an electronic program guide (EPG) as a
`templatized video-on-demand display, which uses at least one of a plurality of different display
`templates to which the Internet-connected digital device has access, to enable a subscriber using
`the Internet-connected digital device to navigate in a drill-down manner through titles by
`category information in order to locate a particular one of the titles whose associated video
`content is desired for viewing on the Internet-connected digital device.
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`17.
`The EPGs on the Accused ’026 Patent Products are used by subscribers to select
`VOD content. The EPGs include a templatized VOD display having a first layer that includes at
`least one of a basic color, logo, or graphical theme to display. For example, the EPGs include a
`background screen to provide a black background, digital clock, and graphical theme.
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`18.
`The EPGs on the Accused ’026 Patent Products also include a second layer
`comprising a particular display template from the plurality of different display templates layered
`on the background screen, wherein the particular display template comprises one or more
`reserved areas that are reserved for displaying content provided by a different layer of the
`plurality of layers. For example, the EPG includes a second layer comprising reserved areas for
`displaying content provided by a different layer of the plurality of layers.
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`19.
`The EPGs on the Accused ’026 Patent Products include a third layer having
`reserved area content generated using the received video content, the associated metadata, and an
`associated plurality of images to be displayed in the one or more reserved areas in the particular
`display template as at least one of text, an image, a navigation link, and a button. For example,
`the EPGs include a second layer comprising reserved areas for displaying content in a third layer,
`such as received video content, the associated metadata, and the associated plurality of images to
`be displayed in the one or more reserved areas in the particular display template as text, an
`image, a navigation link, and a button.
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`20.
`The EPGs on the Accused ’026 Patent Products allow navigating through titles in
`a drill-down manner including navigating from a first level of the hierarchical structure of a
`video-on-demand content menu to a second level of the hierarchical structure to locate the
`particular one of the titles. A first template of the plurality of different display templates is used
`as the particular display template for the templatized display for displaying the first level of the
`hierarchical structure and a second template of the plurality of different display templates is used
`as the particular display template for the templatized display for displaying the second level of
`the hierarchical structure.
`First level showing the first display template:
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`Second level showing the second display template:
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`21.
`The Accused ’026 Patent Products receive video content that was uploaded to a
`Web-based content management system by a content provider device associated with the video
`content provider via the Internet in a digital video format, along with associated metadata
`including title information and category information, and along with the associated plurality of
`images designated by the video content provider, the associated metadata specifying a respective
`hierarchical location of a respective title of the video content within the electronic program guide
`to be displayed on the Internet-connected digital device using the respective hierarchically-
`arranged category information associated with the respective title, wherein at least one of the
`uploaded associated plurality of images designated by the video content provider is displayed
`with the associated respective title in the templatized video-on-demand display.
`22.
`For example, on information and belief, AT&T uses Comcast Technology
`Solutions, formerly known as Comcast Media Center (“CMC”), as a web-based Content
`Management System and Distribution Service known as Express Lane to ingest video content
`and related metadata and images that are used to generate EPGs:
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`Source: Exhibit F (Comcast, 2013); Exhibit G (Comcast, 2010).
`23.
`The Accused ’026 Patent Products receive from the Express Lane platform the
`VOD application-readable metadata and images that are associated with respective video
`content. Express Lane receives VOD content from content producers and distributes the VOD
`content to the appropriate VOD system platforms.
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`Source: https://exl.comcastwholesale.com/terms (last visited 12/10/2019).
`24.
`The VOD content is received along with VOD metadata, which includes
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`associated metadata including title information and category information, and along with the
`associated plurality of images designated by the video content provider, the associated metadata
`specifying a respective hierarchical location of a respective title. The EPG uses this category of
`information designated by the video content provider to locate the title in the hierarchy of the
`program guide.
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`Source: Exhibit E, Express Lane User Guide v3.11, p. 20.
`25.
`The Accused ’026 Patent Products display at least one of the uploaded associated
`plurality of images designated by the video content provider with the associated respective title
`in the templatized VOD display.
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`First level showing the first display template:
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`Second level showing the second display template:
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`26.
`As to claim 3, the plurality of different display templates used by the EPG are
`used to locate the particular one of the titles in a drill-down manner from a first level of a
`hierarchical structure of the electronic program guide to a second level of the hierarchical
`structure of the electronic program guide. A first of the plurality of display templates is used for
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`displaying the first level of the electronic program guide.
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`And a second of the plurality of different display templates is used for displaying the
`second level of the electronic program guide.
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`27.
`As to claim 5, the associated metadata received along with the video content
`uploaded to a Web-based content management system by a content provider device associated
`with the video content provider via the Internet in a digital video format, includes descriptive
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`data about the video content, such as a short summary of the VOD asset.
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`Source: Exhibit E, Express Lane User Guide v3.11, p. 18.
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`Source: Exhibit E, Express Lane User Guide v3.11, p. 18.
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`28.
`As to claim 8, the Internet-connected device includes a set-top box. AT&T
`provides an Internet-connected digital device, including a set-top box.
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`29.
`As to claim 11, the Internet-connected device includes a digital phone such as a
`smartphone. AT&T provides a mobile device app such as AT&T U-Verse to be used with
`smartphones. In many cases, AT&T also provides smartphones to subscribers of both its U-
`Verse and mobile services.
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`Source: https://www.att.com/tv/packages.html
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`Source: U-verse on Apple App Store, https://apps.apple.com/us/app/u-verse/id312886438
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`30.
`AT&T has infringed, and continues to infringe, at least claims 1, 3, 5, 8, and 11
`of the ’026 Patent in the United States, by making, using, offering for sale, selling and/or
`importing the Accused ’026 Patent Products in violation of 35 U.S.C. § 271(a).
`31.
`AT&T also has infringed, and continues to infringe, at least claims 1, 3, 5, 8, and
`11 of the ’026 Patent by actively inducing others to use, offer for sale, and sell the Accused ’026
`Patent Products. AT&T’s users, customers, agents, or other third parties, who use those devices
`in accordance with AT&T’s instructions, infringe claims 1, 3, 5, 8, and 11 of the ’026 Patent, in
`violation of 35 U.S.C. § 271(a). Because AT&T intentionally instructs its customers to infringe
`through training videos, demonstrations, brochures, and user guides, such as those located at:
`www.att.com; forums.att.com; www.att.com/support, Apple App Store listing for the iOS U-
`Verse App, Google Play Store listing for the Android U-Verse App, in-app instructions in the
`iOS and Android U-Verse Apps, AT&T is liable for infringement of the ’026 Patent under 35
`U.S.C. § 271(b).
`32.
`AT&T also has infringed, and continues to infringe, at least claims 1, 3, 5, 8, and
`11 of the ’026 Patent by offering to commercially distribute, commercially distributing, or
`importing the Accused ’026 Patent Products, which are used in practicing the processes or using
`the systems of the ’026 Patent, and constitute a material part of the invention. For example,
`AT&T provides mobile device apps to users, who then install those apps on their mobile devices,
`such as smartphones and tablets. A mobile device that has been configured to use AT&T’s
`mobile device app to access AT&T’s VOD platform infringes claims 1, 3, 5, 8, and 11 of the
`’026 Patent, in violation of 35 U.S.C. § 271(a). AT&T knows portions of the Accused ’026
`Patent Products to be especially made or especially adapted for use in infringement of the ’026
`Patent, and not to be staple articles, and not to be commodities of commerce suitable for
`substantial noninfringing use. AT&T is thereby liable for contributory infringement of the ’026
`Patent under 35 U.S.C. § 271(c).
`33.
`AT&T is on notice of its infringement of the ’026 Patent by no later than the
`filing and service of this Complaint. AT&T also received notice of its infringement of the ’026
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`Patent on December 16, 2019, when BBiTV served AT&T with an infringement notice letter.
`By the time of trial, AT&T will have known and intended (since receiving such notice) that its
`continued actions would actively induce and contribute to the infringement of at least claims 1,
`3, 5, 8, and 11 of the ’026 Patent.
`34.
`Upon information and belief, AT&T may have infringed and continues to infringe
`the ’026 Patent through other software and devices utilizing the same or reasonably similar
`functionality, including other versions of the Accused ’026 Patent Products.
`35.
`AT&T’s acts of direct and indirect infringement have caused and continue to
`cause damage to BBiTV. BBiTV is, therefore, entitled to recover damages sustained as a result
`of AT&T’s wrongful acts in an amount that is proven at trial.
`COUNT II – INFRINGEMENT OF U.S. PATENT NO. 10,349,101
`36.
`The allegations of paragraphs 1-9 of this Complaint are incorporated by reference
`as though fully set forth herein.
`37.
`The ’101 Patent, titled “System for addressing on-demand TV program content on
`TV services platform of a digital TV services provider,” issued on July 9, 2019. A copy of the
`’101 Patent is attached as Exhibit B.
`38.
`Pursuant to 35 U.S.C. § 282, the ’101 Patent is presumed valid.
`39.
`Upon information and belief, AT&T makes, uses, offers for sale, and/or sells in
`the United States and/or imports into the United States products and services that provide
`AT&T’s subscribers with VOD services via mobile device apps (collectively the “Accused ’101
`Patent Products”). Specifically, AT&T provides such mobile device apps, such as the AT&T U-
`verse App available for iOS devices on Apple’s App Store and for Android devices on Google
`Play that are downloaded to subscribers’ Internet-connected devices—including smartphones
`and tablets—for receiving via the Internet video content to be viewed by a VOD system
`subscriber. See https://apps.apple.com/us/app/u-verse/id312886438;
`https://play.google.com/store/apps/details?id=com.att.android.uverse.
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`40.
`Upon information and belief, the Accused ’101 Patent Products infringe at least
`claims 1, 3, 6, and 12 of the ’101 Patent in the exemplary manner described below.
`41.
`As to claim 1, the Accused ’101 Patent Products perform a method for receiving,
`via the Internet, video content to be viewed on an Internet-connected digital device (e.g., a
`smartphone, tablet or computer) associated with a subscriber of a video-on-demand system using
`a hierarchically arranged interactive electronic program guide.
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`Source: www.comcasttechnologysolutions.com/resources/vod-ebook
`42.
`The Accused ’101 Patent Products transmit, from the Internet-connected digital
`device to a television service platform, a request by the subscriber to log in to the video-on-
`demand system. For example, the Accused ’101 Patent Products allow subscribers to login to
`access the VOD system. Part of this process includes transmitting a request from the device to
`the television service platform via the Internet.
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`43.
`The Accused ’101 Patent Products generate, via the Internet-connected digital
`device, in response to a first request by the subscriber after logging in to the video-on-demand
`system, an interactive electronic program guide (EPG) to be presented to the subscriber as a
`templatized VOD display on a display for the Internet-connected digital device to access VOD
`programs previously stored on a video server associated with a television service provider in a
`digital video format as part of the VOD system.
`44.
`The Internet-connected device has access to a plurality of different display
`templates for a subscriber with the EPG and the EPG enables subscribers to navigate, in a drill-
`down manner, through titles by category information in metadata associated with the video
`content.
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`45.
`The Accused ’101 Patent Products allow navigating through the titles in a drill-
`down manner, e.g., navigating from a first level of a hierarchical structure of the interactive EPG
`to a second level of the hierarchical structure of the interactive EPG to locate a first title.
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`46.
`The Accused ’101 Patent Products track at the Internet-connected digital device,
`navigation data related to a navigation path taken by the subscriber in navigating through the
`interactive electronic program guide in the drill-down manner to select the VOD programs for
`viewing, including the first title and the category information associated with the first title. For
`example, the Accused ’101 Patent Products use MediaKind’s technology platform (i.e.,
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`MediaRoom and MediaFirst) to track navigation data at the Internet-connected device related to
`a navigation path taken by users navigating through the interactive EPG (e.g., “processing . . .
`navigation scenarios”).
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`Source: https://www.broadcastbeat.com/ericsson-redefines-tv-experience-with-ericsson-
`mediafirst-tv-platform-2/ (last visited 12/10/2019)
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`Source: www.mediakind.com/pdf/MediaFirst%20TV%20Platform.pdf (last visited 12/10/2019)
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`47.
`The Accused ’101 Patent Products provide the tracked navigation data for the
`subscriber to a profiling system for preparing subscriber profile data, wherein the subscriber
`profile data is to be provided to a targeting system to generate feedback data as to subscriber
`preferences based at least on the subscriber profile data. The Accused ’101 Patent Products
`provide the tracked navigation data to MediaKind’s technology platform (i.e., MediaRoom and
`MediaFirst) to generate feedback data as to subscriber preferences based at least on the
`subscriber profile data.
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`Source: https://www.broadcastbeat.com/ericsson-redefines-tv-experience-with-ericsson-
`mediafirst-tv-platform-2/ (last visited 12/10/2019)
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`Source: www.mediakind.com/pdf/MediaFirst%20TV%20Platform.pdf (last visited 12/10/2019)
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`Source: https://about.att.com/csr/home/privacy/full_privacy_policy.html (last visited
`12/16/2019)
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`48.
`The Accused ’101 Patent Products generate, via the Internet-connected digital
`device, in response to a second request by the subscriber, an updated interactive electronic
`program guide to be displayed to the subscriber on the templatized video-on-demand display on
`the display of the Internet-connected digital device, wherein the updated interactive electronic
`program guide is prepared based on the feedback data from the targeting system, and wherein the
`generation of the updated interactive electronic program guide comprises obtaining, via an
`application program interface of the television service provider, the titles and the category
`information associated with the titles for the video-on-demand programs to populate the updated
`interactive electronic program guide. As illustrated in the example below, the Accused ’101
`Patent Products generate an updated EPG displayed to the subscriber on the VOD display
`wherein the updated EPG is prepared based on the feedback data from the targeting system and
`wherein the generation of the updated EPG comprises the titles and category information
`associated with the titles of the VOD programs.
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`49.
`The Accused ’101 Patent Products provide a templatized VOD display that has
`been generated in a plurality of layers, comprising: (a) a first layer comprising a background
`screen to provide at least one of a basic color, logo, or graphical theme to display; (b) a second
`layer comprising a particular display template from the plurality of different display templates
`layered on the background screen, wherein the particular display template comprises one or more
`reserved areas that are reserved for displaying content provided by a different layer of the
`plurality of layers; and (c) a third layer comprising reserved area content generated using the
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`received video content, the associated metadata, and an associated plurality of images to be
`displayed in the one or more reserved areas in the particular display template as at least one of
`text, an image, a navigation link, and a button. As illustrated in the example below, the Accused
`’101 Patent Products generate a templatized VOD display generated in a plurality of layers
`comprising a first layer comprising a black background screen; a second layer comprising
`reserved areas for displaying content provided by a different layer of the plurality of layers; and a
`third layer comprising reserved areas for displaying received video content, the associated
`metadata, and the associated plurality of images to be displayed in the one or more reserved
`areas in the particular display template as text, an image, a navigation link, and a button.
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`50.
`The Accused ’101 Patent Products include a first template of the plurality of
`different display templates, which is used as the particular display template for the templatized
`VOD display for displaying the first level of the hierarchical structure of the interactive
`electronic program guide and a second template of the plurality of different display templates,
`which is used as the particular display template for the templatized VOD display for displaying
`the second level of the hierarchical structure of the interactive EPG. As illustrated in the
`example below, the Accused ’101 Patent Products include a first template that is used as the
`particular display template for displaying the first level of the hierarchical structure of the
`interactive EPG and a second template that is used as the particular display template for
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`displaying the second level of the hierarchical structure of the interactive EPG.
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`51.
`As to claim 3, the Accused ’101 Patent Products perform the method of claim 1
`wherein at least one image is displayed with the associated first title in the templatized video-on-
`demand display. AT&T’s mobile device app, AT&T U-Verse, displays at least one image with
`associated titles.
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`52.
`As to claim 6, the Accused ’101 Patent Products perform the method of claim 1
`wherein the associated metadata includes descriptive data about the video content. AT&T’s
`mobile device app, AT&T U-Verse, includes descriptive data about the video content.
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`53.
`As to claim 12, the Accused ’101 Patent Products perform the method of claim 1
`wherein the Internet-connected digital device is a digital phone. AT&T, for example, provides
`software (e.g., a mobile device app such as AT&T U-Verse) for use with smartphones.
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`54.
`AT&T has infringed, and continues to infringe, at least claims 1, 3, 6, and 12 of
`the ’101 Patent in the United States, by making, using, offering for sale, selling and/or importing
`the Accused ’101 Patent Products in violation of 35 U.S.C. § 271(a). AT&T has infringed, and
`continues to infringe, at least claim 1, 3, 6, and 12 of the ’101 Patent in the United States by
`performing and/or directing its users to perform one or more steps of the claim and/or
`conditioning the use of the Accused ’101 Patent Products and/or AT&T’s VOD service and/or
`receipt of a benefit upon a user’s performance of one or more steps, and establishing the manner
`or timing of that performance. AT&T conditions the use of its VOD service upon the
`performance of one or more steps of the claimed method of the ’101 patent by requiring a user to
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`navigate its system in an infringing manner, and profits from such an arrangement by charging
`the user a rental fee and/or a subscription fee to access VOD content. AT&T also conditions the
`receipt of a benefit by a user, i.e., the user benefits by being able to access VOD content of their
`choice, by requiring the user to navigate its system in an infringing manner. AT&T establishes
`the manner or timing of a user’s performance of one or more steps because the AT&T software
`limits how the user can interact with the VOD system.
`55.
`AT&T also has infringed, and continues to infringe, at least claims 1, 3, 6, and 12
`of the ’101 Patent by actively inducing others to use, offer for sale, and sell the Accused ’101
`Patent Products. AT&T’s users, customers, agents, or other third parties who use those products
`and/or AT&T’s VOD service in accordance with AT&T’s instructions infringe claims 1, 3, 6,
`and 12 of the ’101 Patent, in violation of 35 U.S.C. § 271(a). Because AT&T intentionally
`instructs its customers to infringe through training videos, demonstrations, brochures and user
`guides, such as those located at: www.att.com; forums.att.com; www.att.com/support, Apple
`App Store listing for the iOS U-Verse App, Google Play Store listing for the Android U-Verse
`App, in-app instructions in the iOS and Android U-Verse Apps, AT&T is liable for infringement
`of the ’101 Patent under 35 U.S.C. § 271(b).
`56.
`AT&T also has infringed, and continues to infringe, at least claims 1, 3, 6, and 12
`of the ’101 Patent by offering to commercially distribute, commercially distributing, or
`importing the Accused ’101 Patent Products which are used in practicing the processes, or using
`the systems, of the ’101 Patent, and constitute a material part of the invention. AT&T’s users,
`customers, agents, or other third parties who us