Case 6:22-cv-01019-ADA Document 1 Filed 09/30/22 Page 1 of 18
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`
`
`
`DIATEK LICENSING LLC,
`
`
`
`
`
`LEGO SYSTEM A/S,
`
`
`
`
`Plaintiff,
`
`
`
`v.
`
`
`
`Defendant.
`
` CIVIL ACTION
`
` NO. 6:22-cv-1019
`
`
` Jury Trial Demanded
`
`
`
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`Plaintiff Diatek Licensing LLC (“Plaintiff”) files this Complaint for Patent Infringement
`
`against Defendant, and states as follows:
`
`THE PARTIES
`
`1.
`
`Plaintiff is a limited liability company organized and existing under the laws of
`
`the State of Texas, having its principal office at 3571 Far West Blvd, #3406, Austin, TX 78731.
`
`2.
`
`Defendant LEGO System A/S (“Defendant”) is a corporation organized under the
`
`laws of Denmark and having a place of business at Aastvej 1, DK-7190 Billund, Denmark.
`
`JURISDICTION AND VENUE
`
`3.
`
`This Court has exclusive subject matter jurisdiction over this case pursuant to 28
`
`U.S.C. §§ 1331 and 1338(a) on the grounds that this action arises under the Patent Laws of the
`
`United States, 35 U.S.C. § 1 et seq., including, without limitation, 35 U.S.C. §§ 271, 281, 284,
`
`and 285.
`
`4.
`
`This Court has personal jurisdiction over Defendant, consistent with due process.
`
`On information and belief, Defendant has minimum contacts with the State of Texas, and
`
`Defendant has purposefully availed itself of the privileges of conducting business in the State of
`
`

`

`Case 6:22-cv-01019-ADA Document 1 Filed 09/30/22 Page 2 of 18
`
`Texas. On information and belief, Defendant has engaged in systematic and continuous business
`
`activities in this District. On information and belief, Defendant is registered to business in this
`
`State and has committed acts of patent infringement giving rise to this action within this District.
`
`5.
`
`Venue is proper in this District under 28 U.S.C. § 1391(c) because Defendant is a
`
`foreign corporation.
`
`U.S. Patent No. 7,079,752
`
`FACTUAL BACKGROUND
`
`6.
`
`Plaintiff is the owner by assignment of all right, title, and interest in and to United
`
`States Patent No. 7,079,752, entitled “Process for Recording a Scrambled MPEG Stream” (“the
`
`’752 patent”), including the right to sue for all past, present, and future infringement, which
`
`assignment was duly recorded in the USPTO.
`
`7.
`
`A true and correct copy of the ’752 patent is attached hereto as Exhibit A. The
`
`ʼ752 patent is incorporated herein by reference.
`
`8.
`
`A true and correct copy of the prosecution history for the ’752 patent is attached
`
`hereto as Exhibit B and is incorporated herein by reference.
`
`The application that became the ’752 patent was filed on November 20, 2000.
`
`The ’752 patent issued on July 18, 2006, after a full and fair examination by the
`
`9.
`
`10.
`
`USPTO.
`
`11.
`
`The ’752 patent is, and is legally presumed to be, valid, enforceable and directed
`
`to patent-eligible subject matter.
`
`12.
`
`The elements recited in the asserted claims of the ’752 patent were not well-
`
`understood, routine, or conventional when the application that became the ’752 patent was filed.
`
`The United States Patent & Trademark Office determined that the claims of the ’752 patent were
`
`allowable over the prior art of record after a full and fair examination.
`
`2
`
`

`

`Case 6:22-cv-01019-ADA Document 1 Filed 09/30/22 Page 3 of 18
`
`13.
`
`The claims of the ’752 patent, including claims 1 and 15, are directed to technical
`
`solutions to technical problems involved in allowing the use of trick mode when reading audio-
`
`video data recorded in scrambled form.
`
`14.
`
`The ’752 patent states that the field of the invention “relates to a process for
`
`recording on a recording medium, for example a hard disk, a scrambled audio video digital data
`
`stream, for example an MPEG type stream.” ’752 patent at 1:6-9. The ’752 patent further
`
`describes that the invention “also relates to the process for implementing the special mode or
`
`‘trick mode’ function (fast forward, fast rewind, accelerated motion, slow motion, etc.) on the
`
`basis of the reading of data stored on a recording medium which consists in reading additional
`
`data from the recording medium which includes information required by the special mode and in
`
`then reading the data of the medium as a function of these additional data. These data are, for
`
`example, pointers to the start of images and to the types of images.” ’752 patent at 6:34-42.
`
`15.
`
`The ’752 patent goes on to state that “[t]he storage of data in scrambled form is
`
`currently developing rapidly. For example, the audio video digital data transmitted in
`
`compressed and scrambled form are generally recorded in this form so as to control access to
`
`these data. They are therefore descrambled only when the corresponding images are viewed.
`
`Another example relates to the 1394 digital bus, solutions envisaged within the framework of the
`
`exploitation of this digital bus being the transmission of digital data in scrambled form and hence
`
`their storage in this form.” ’752 patent at 1:13-22.
`
`16.
`
`The ’752 patent identifies a problem that existed in the art prior to the filing of the
`
`application leading to the issuance of the ’752 patent: “A problem connected with this recording
`
`of digital video data streams in scrambled form relates to the exploitation of particular modes of
`
`reading or special modes referred to hereinafter as the ‘trick mode’, using the terminology of the
`
`3
`
`

`

`Case 6:22-cv-01019-ADA Document 1 Filed 09/30/22 Page 4 of 18
`
`MPEG standard, this term encompassing among other things the following functions: fast
`
`forward, fast rewind, slow motion, accelerated motion, freeze frame. These functions actually
`
`require access and fast decoding of these recorded data, conditions which are difficult to make
`
`compatible with recording in scrambled mode.” ’752 patent at 1:23-32.
`
`17.
`
`The ’752 patent also states that “[t]he aim of the invention is to alleviate the
`
`aforesaid drawbacks.” ’752 patent at 1:36-37.
`
`18.
`
`The ’752 patent states that the subject of the invention that alleviates the aforesaid
`
`drawbacks involves “a process for recording, on a recording medium, a scrambled MPEG
`
`stream, characterized in that the scrambled data of the stream are, in parallel with their recording,
`
`descrambled so as to extract therefrom additional data corresponding to information required by
`
`at least one function of the special mode or ‘trick mode’ (fast forward, fast rewind, accelerated
`
`motion, slow motion, etc.) and in that these additional data are also recorded on the recording
`
`medium.” ’752 patent at 1:38-46. The ’752 patent also states that one embodiment of the
`
`invention involves “a recording medium, characterized in that it contains the data of a scrambled
`
`MPEG stream as well as additional data relating to the video data of the stream for the operation
`
`of the special mode or ‘trick mode’.” ’752 patent at 1:49-53.
`
`19.
`
`The ’752 patent states that the additional data can be, for example, “the pointers
`
`and the size of images.” ’752 patent at 1:47-48.
`
`20.
`
`The ’752 patent further describes the technical problem addressed by the technical
`
`solution provided by the disclosed and claimed invention: “By virtue of the invention, the
`
`information required by the special modes are directly exploitable without it being necessary to
`
`descramble the recorded data in order to retrieve or calculate this information, thus allowing a
`
`fast response to the commands of the operator.” ’752 patent at 2:21-25.
`
`4
`
`

`

`Case 6:22-cv-01019-ADA Document 1 Filed 09/30/22 Page 5 of 18
`
`21.
`
`The ’752 patent further describes the technical solution provided by the disclosed
`
`and claimed invention in this way: “The main advantage of the invention is that it allows the use
`
`of the trick mode when reading audio and video data recorded in scrambled form.” ’752 patent at
`
`2:26-28.
`
`22.
`
`The ’752 patent explains embodiments for performing the claimed method,
`
`including in the section of the ’752 patent titled, “Detailed Description of the Preferred
`
`Embodiments.” See, e.g., ’752 patent at 2:30-40; 2:45-5:35; Figs. 1 & 2.
`
`23.
`
`For example, Figures 1 and 2 of the ’752 patent, along with the accompanying
`
`description in the specification, describe embodiments for practicing the disclosed and claimed
`
`invention. ’752 patent at 2:30-40; 2:45-5:35; Figs. 1 & 2.
`
`24.
`
`The ’752 patent also describes additional embodiments of the disclosed invention.
`
`See ’752 patent at 5:44-6:47.
`
`25.
`
`For example, the ’752 patent describes one embodiment for extracting
`
`information, “referred to as ancillary data or additional data, required for the operation of the
`
`‘trick mode’. This information may, among other things, be the size of the images, the pointers
`
`defining the image starts, the image types, etc.” ’752 patent at 3:14-20.
`
`26.
`
`In accordance with this particular embodiment, the ’752 patent describes that,
`
`“These data are organized so as to construct, during step 5, a file accompanying the audio video
`
`file consisting of the recorded scrambled data relating to the partial stream. The next
`
`step 6 consists in recording this accompanying file on the medium. It may also involve the
`
`construction of a succession of files, the data relating to the ‘trick mode’ then being recorded in
`
`tandem with the recording of the scrambled data.” ’752 patent at 3:20-28.
`
`5
`
`

`

`Case 6:22-cv-01019-ADA Document 1 Filed 09/30/22 Page 6 of 18
`
`27.
`
`The claims of the ’752 patent recite inventions claiming one or more of the
`
`inventive technical solutions disclosed in the ’752 patent. For example, claim 1 of the ’752
`
`patent, by reciting the following steps, is directed to an inventive technical solution to a technical
`
`problem disclosed in the ’752 patent:
`
` 1. A process for recording, on a recording medium, a scrambled digital video
`stream, implementing the following steps, in addition to the recording of the
`scrambled data:
`
`descrambling of said scrambled data of said stream so as to extract therefrom
`additional data corresponding to information required by at least one function of
`the special mode or “trick mode” (fast forward, fast rewind, accelerated motion,
`slow motion, etc.); and
`
`recording of these additional data on the recording medium.
`
`28.
`
`As an additional example, claim 15 of the ’752 patent, by reciting the following
`
`steps, is directed to an inventive technical solution to a technical problem disclosed in the ’752
`
`patent:
`
`15. A process for decoding a scrambled MPEG stream recorded on a recording medium,
`for implementing a special mode (“trick mode”), comprising the following steps:
`
`reading, from the recording medium, of additional data, other than the scrambled data of
`the MPEG stream, corresponding to information required by at least one function of the
`special mode or “trick mode” (fast forward, fast rewind, accelerated motion, slow motion,
`etc.),
`
`reading, from the recording medium, of scrambled data of the MPEG stream which are
`determined as a function of the said additional data.
`
`29.
`
`The claims of the ’752 patent, including claims 1 and 15, were not well-
`
`understood, routine, or conventional activities known to the industry before the priority date of
`
`the ’752 patent. Rather, the claims of the ’752 patent, including claims 1 and 15, represent a
`
`significant advancement over the prior art. This is evidenced, for example, by the ’752 patent’s
`
`discussion of the problems in the art and the disclosed solutions to those problems, including the
`
`6
`
`

`

`Case 6:22-cv-01019-ADA Document 1 Filed 09/30/22 Page 7 of 18
`
`passages quoted herein. It is also evidenced by the PTO’s decision to allow the claims of the
`
`’752 patent. See, e.g., Ex. B at March 9, 2006, Notice of Allowance.
`
`30.
`
`The claims of the ’752 patent, including claims 1 and 15 specifically, are not
`
`merely directed to the idea of data manipulation. Nor are the claims, including claims 1 and 15
`
`specifically, merely directed to descrambling, extracting, recording, and transmitting video data
`
`through the use of a generic computer. This is evidenced by the language of the claims, including
`
`claim 1 (quoted above). For example, claim 1 recites, among other things, “descrambling of said
`
`scrambled data of said stream so as to extract therefrom additional data corresponding to
`
`information required by at least one function of the special mode or ‘trick mode’ (fast forward,
`
`fast rewind, accelerated motion, slow motion, etc.).” As further example, claim 15 recites, among
`
`other things, “reading, from the recording medium, of additional data, other than the scrambled
`
`data of the MPEG stream, corresponding to information required by at least one function of the
`
`special mode or “trick mode” (fast forward, fast rewind, accelerated motion, slow motion, etc.).”
`
`31.
`
`The ’752 patent teaches that the claimed invention addresses a technical
`
`shortcoming in the art, thereby permitting the exploitation of trick modes of operation, which
`
`require access and fast decoding of recorded data, compatible with recording in a scrambled
`
`mode. ’752 patent at 1:23-37. Thus, the ’752 patent claims particular technical solutions to
`
`address technical problems described in the ’752 patent.
`
`32.
`
`The inventions recited in the claims of the ’752 patent, including claims 1 and 15
`
`specifically, do not merely claim a fundamental practice of data manipulation and having it
`
`performed on a computer. As discussed above, the claims of the ’752 patent, including claims 1
`
`and 15 specifically, recite technical solutions permitting the use of trick modes of operation in
`
`connection with a scrambled digital video stream that were not used prior to the advent of
`
`7
`
`

`

`Case 6:22-cv-01019-ADA Document 1 Filed 09/30/22 Page 8 of 18
`
`computers. The ’752 patent expressly teaches that this solves a problem in the existing state of
`
`the technology. See, e.g., ’752 patent at 1:23-37.
`
`33.
`
`The inventions recited in the claims of the ’752 patent were not utilized prior to
`
`the advent of computers, or prior to the filing of the application leading to the ’752 patent. Nor
`
`were the inventions recited in the ’752 patent utilized by traditional VHS players. This is
`
`evidenced, for example, by the fact that the claims of the ’752 patent were allowed by the U.S.
`
`Patent & Trademark Office after a full and fair examination. See, e.g., Ex. B at March 9, 2006,
`
`Notice of Allowance.
`
`34.
`
`The inventions recited in the claims of the ’752 patent do not merely claim trick
`
`modes of operation. Rather, as discussed above, they claim a technical solution to technical
`
`problems encountered in attempting to provide trick modes of operation in conjunction with a
`
`scrambled digital video stream.
`
`U.S. Patent No. 8,195,828
`
`35.
`
`Plaintiff is the owner by assignment of all right, title, and interest in and to United
`
`States Patent No. 8,195,828, entitled “Method for Discontinuous Transmission, in Sections, of
`
`Data in a Network of Distributed Stations as well as a Network Subscriber Station as Requesting
`
`Appliance for Carrying Out a Method Such as This, and a Network Subscriber Station as a
`
`Source Appliance for Carrying Out a Method Such as This” (“the ’828 patent”), including the
`
`right to sue for all past, present, and future infringement, which assignment was duly recorded in
`
`the USPTO.
`
`36.
`
`A true and correct copy of the ’828 patent is attached hereto as Exhibit C. The
`
`ʼ828 patent is incorporated herein by reference.
`
`37.
`
`The application that became the ’828 patent was filed on November 12, 2004.
`
`8
`
`

`

`Case 6:22-cv-01019-ADA Document 1 Filed 09/30/22 Page 9 of 18
`
`38.
`
`The ’828 patent issued on June 5, 2012, after a full and fair examination by the
`
`USPTO.
`
`39.
`
`A true and correct copy of the prosecution history for the ’828 patent is attached
`
`hereto as Exhibit D and is incorporated herein by reference.
`
`40.
`
`The ’828 patent is, and is legally presumed to be, valid and enforceable and
`
`directed to eligible subject matter. The United States Patent & Trademark Office determined that
`
`the claims of the ’828 patent were allowable over the prior art of record after a full and fair
`
`examination.
`
`41.
`
`The elements recited in the asserted claims of the ’828 patent were not well-
`
`understood, routine, or conventional when the application that became the ’828 patent was filed.
`
`42.
`
`The claims of the ’828 patent, including claim 1, are directed to technical
`
`solutions to technical problems involving the implementation of trick modes in the transmission
`
`of data streams.
`
`43.
`
`The ’828 patent states that the disclosed “invention relates to the technical field of
`
`data transmission in a network of distributed stations, in particular in a so-called domestic
`
`network. In this case, the data is transmitted discontinuously, in sections.” ’828 patent at 1:18-21.
`
`44.
`
`The ’828 patent further states that “A working group of the UPnP forum have
`
`worked out the UPnP-AV specification, which builds on the general UPnP specification and
`
`extends it, for application of the UPnP method to AV appliances. In order to transfer AV data
`
`(audio/video data) in a domestic network such as this between a so-called server (source
`
`appliance) and a so-called renderer appliance (destination appliance), the UPnP-AV specification
`
`stipulates that known transmission protocols should be used for transportation of the data. The
`
`so-called HTTP-GET method (HTTP stands for Hyper Text Transfer Protocol) and, in addition,
`
`9
`
`

`

`Case 6:22-cv-01019-ADA Document 1 Filed 09/30/22 Page 10 of 18
`
`the so-called RTP method (RTP stands for Real Time Transport Protocol) are mentioned as
`
`known protocols in the specification. These two transport mechanisms are available when the
`
`network subscriber stations are linked to one another via Ethernet bus connections.” ’828 patent
`
`at 1:40-54.
`
`45.
`
`The ’828 patent explains that “[t]he HTTP-GET method is based on the TCP
`
`method (Transmission Control Protocol), which is a basic connection-oriented transport protocol,
`
`in which protected data transmission (with error correction) takes place. The TCP method is in
`
`turn built on the Internet Protocol (IP). The HTTP-GET method was developed especially for the
`
`transmission of files (for example HTML web pages) from a web server to a web browser. In
`
`consequence, it is not adapted for real-time data transmission in sections, for example as occurs
`
`on transmitting audio or video data streams. On the other hand, the HTTP-GET method is widely
`
`used and is designed to be very simple for the application programmer, so that it is widely
`
`popular.” ’828 patent at 1:55-67.
`
`46.
`
`The ’828 patent further explains that “The transport mechanism based on the
`
`HTTP-GET method is recommended for the transmission of AV data streams in the UPnP
`
`specification. The HTTP-GET method was intended primarily for requesting a resource which is
`
`available in the network, which in many cases is an existing file, and then to transmit this
`
`entirely in one piece to the destination appliances. In addition, the so-called chunked transfer
`
`encoding method was introduced in HTTP Version 1.1, as well, and this is intended to be used
`
`whenever a resource is to be transmitted whose overall length is not yet entirely known at the
`
`time when the transmission starts. In this case, the resource should be transmitted in sections but
`
`continuously (that is to say without any gaps).” ’828 patent at 2:12-24.
`
`10
`
`

`

`Case 6:22-cv-01019-ADA Document 1 Filed 09/30/22 Page 11 of 18
`
`47.
`
`The ’828 patent describes that the disclosed invention improves the state of the art
`
`regarding the HTTP-Get method by allowing it to be implemented with trick modes of operation:
`
`“Against the background of the described prior art, the object of the invention is to extend the
`
`transport mechanism based on the HTTP-GET method such that it is also possible to implement
`
`so-called trick modes in the transmission of data streams. Trick modes such as these include, for
`
`example in the case of AV data streams, fast forward (searching in the forward direction) and
`
`fast reverse (searching in the backward direction).” ’828 patent at 2:28-35.
`
`48.
`
`The ’828 patent then describes a technical problem solved by the disclosed and
`
`claimed invention: “The invention solves this problem by defining additional parameters for the
`
`HTTP-GET method which, for example, relate to the playback speed and playback direction, as
`
`well as to the initial position for the playback process.” ’828 patent at 2:35-38.
`
`49.
`
`The ’828 patent provides further detail regarding how it improves the
`
`technological state of the art as it existed prior to the invention disclosed and claimed in the ’828
`
`patent: “Normally, only individual data blocks are required for the playback process in trick
`
`modes such as these, for example only individual video frames are reproduced during a fast
`
`forward search through a video film, and other video frames between the reproduced frames are
`
`suppressed. Effectively, this therefore results in repeated jumping from one video frame N to a
`
`video frame N+X (forward) or N−X (reverse). In order to carry out this discontinuous
`
`transmission of the data in sections, it is possible to send out the new type of HTTP GET request
`
`with the additional parameters such as, playback speed and playback direction, as well as the
`
`initial position for the playback process. The source device sends the requested data sections for
`
`the requested trick mode back with a HTTP Get response.” ’828 patent at 2:39-52.
`
`11
`
`

`

`Case 6:22-cv-01019-ADA Document 1 Filed 09/30/22 Page 12 of 18
`
`50.
`
`The ’828 patent further explains a technical benefit achieved by an invention
`
`disclosed and claimed in the ’828 patent by stating the following: “This invention makes it
`
`possible to use the simple transport mechanism HTTP-GET for implementation of trick modes
`
`for real-time data transmission as well, in particular for AV data. This invention likewise makes
`
`it possible to implement so-called navigation commands which, for example, allow a deliberate
`
`jump to a position in the data stream which occurs at a specific time or later, for example 15
`
`minutes later than the current playing time.” ’828 patent at 2:53-60.
`
`51.
`
`The ’828 patent also indicates a further technical improvement on the art provided
`
`by the disclosed and claimed invention, stating: “One advantageous embodiment of the invention
`
`is to use the chunked transfer encoding mode in the HTTP-GET method. Specifically, a data
`
`section to be reproduced is always transmitted as a chunk. Also, in this case, the data is not
`
`transmitted continuously, that is to say without gaps, and, instead, there are other areas which are
`
`omitted between the individual transmitted data sections, that is to say this represents
`
`discontinuous data transmission, in sections. The time position of each chunk can also be
`
`indicated in a commentary line.” ’828 patent at 2:63-3:6. The ’828 patent teaches that this
`
`provides a technical benefit: “This has the advantage of having more time accuracy when the
`
`current trick mode is stopped or interrupted by a new type of trick mode request.” ’828 patent at
`
`3:6-8.
`
`52.
`
`The ’828 patent discloses specific embodiments for performing the claimed
`
`method, including in the section of the ’828 patent titled, “Detailed Description of the
`
`Invention.” See, e.g., ’828 patent at 3:58-8:8; Figs. 1-8. This includes, for example, an exemplary
`
`format of an HTTP-GET request and response in accordance with the disclosed invention. ’828
`
`patent at Fig. 2; Fig. 5; 4:55-5:18; 6:13-35.
`
`12
`
`

`

`Case 6:22-cv-01019-ADA Document 1 Filed 09/30/22 Page 13 of 18
`
`53.
`
`The claims of the ’828 patent recite inventions claiming one or more of the
`
`technical solutions disclosed in the ’828 patent, including claim 1, which is set forth below:
`
`1. A method for discontinuous transmission, in sections, of encoded video data in
`a network of distributed appliances, the method comprising the following steps:
`
`creation of an HTTP GET request for requesting a fast search operation of an original
`video stream, the request stating a playback speed parameter and an initial position and
`optionally at least one parameter selected from a group of parameters consisting of file
`name, file type, path, and playback direction;
`
`transmission of the HTTP GET request to a source appliance; and
`
`discontinuous transmission, in sections, of selected video frames of an original encoded
`video stream from the source appliance to a destination appliance in a HTTP response
`using an extended HTTP chunked transfer encoding mode, in which the selected encoded
`video frames for the fast search operation are transported in respective chunks, wherein
`each chunk includes one complete respective selected encoded video frame in a second
`part and information about a starting time, as located in the original encoded video
`stream, of the respective selected video frame in a first part, wherein the second part is
`different from the first part and the information about a starting time of the respective
`selected video frame being positioned in a commentary line of the first part.
`
`54.
`
`The claims of the ’828 patent, including claim 1, were not well-understood,
`
`routine, or conventional activities known to the industry before the priority date of the ’828
`
`patent. Rather, the claims of the ’828 patent, including claim 1, represent a significant
`
`advancement over the prior art. This is evidenced, for example, by the ’828 patent’s discussion
`
`of the problems in the art and the disclosed solution to those problems, including the passages
`
`quoted herein. It is also evidenced by the PTO’s decision to allow the claims of the ’828 patent.
`
`Ex. D at Feb. 14, 2012, Notice of Allowance.
`
`55.
`
`The claims of the ’828 patent, including claim 1 specifically, are not merely
`
`directed to the idea of data manipulation. Nor are the claims, including claim 1 specifically,
`
`merely directed to descrambling, extracting, recording, and transmitting video data through the
`
`use of a generic computer. This is evidenced by the language of the claims, including claim 1
`
`(quoted above). For example, claim 1 recites, among other things, “creation of an HTTP GET
`
`13
`
`

`

`Case 6:22-cv-01019-ADA Document 1 Filed 09/30/22 Page 14 of 18
`
`request for requesting a fast search operation of an original video stream, the request stating a
`
`playback speed parameter and an initial position and optionally at least one parameter selected
`
`from a group of parameters consisting of file name, file type, path, and playback direction” and
`
`“discontinuous transmission, in sections, of selected video frames of an original encoded video
`
`stream from the source appliance to a destination appliance in a HTTP response using an
`
`extended HTTP chunked transfer encoding mode, in which the selected encoded video frames
`
`for the fast search operation are transported in respective chunks, wherein each chunk includes
`
`one complete respective selected encoded video frame in a second part and information about a
`
`starting time, as located in the original encoded video stream, of the respective selected video
`
`frame in a first part, wherein the second part is different from the first part and the information
`
`about a starting time of the respective selected video frame being positioned in a commentary
`
`line of the first part.”
`
`56.
`
`The ’828 patent teaches that the claimed inventions address a technical
`
`shortcoming in the art, thereby permitting the extension of “the transport mechanism based on
`
`the HTTP-GET method such that it is also possible to implement so-called trick modes in the
`
`transmission of data streams.” ’828 patent at 2:28-32; see also ’828 patent at 2:35-38 (“The
`
`invention solves this problem by defining additional parameters for the HTTP-GET method
`
`which, for example, relate to the playback speed and playback direction, as well as to the initial
`
`position for the playback process.”); 2:39-52; 2:53-60; and 2:63-3:8. Thus, the ’828 patent claims
`
`particular technical solutions to address technical problems described in the ’828 patent.
`
`57.
`
`The inventions recited in the claims of the ’828 patent, including claim 1
`
`specifically, were not long-used prior to the advent of computers, including by VHS players or
`
`other prior-art technology. Nor do the inventions recited in the claims of the ’828 patent,
`
`14
`
`

`

`Case 6:22-cv-01019-ADA Document 1 Filed 09/30/22 Page 15 of 18
`
`including claim 1 specifically, merely claim a fundamental practice of data manipulation and
`
`having it performed on a computer. As discussed above, the claims of the ’828 patent, including
`
`claim 1 specifically, recite technical solutions permitting the extension of “the transport
`
`mechanism based on the HTTP-GET method such that it is also possible to implement so-called
`
`trick modes in the transmission of data streams.” ’828 patent at 2:28-32. The ’828 patent
`
`expressly teaches that this solves a problem in the existing state of the technology. See, e.g., ’828
`
`patent at 2:35-38; 2:53-60.
`
`58.
`
`The inventions recited in the claims of the ’828 patent were not utilized prior to
`
`the advent of computers, or prior to the filing of the application leading to the ’828 patent. This is
`
`evidenced, for example, by the fact that the claims of the ’828 patent were allowed by the U.S.
`
`Patent & Trademark Office after a full and fair examination. Ex. D at Feb. 14, 2012, Notice of
`
`Allowance.
`
`59.
`
`The inventions recited in the claims of the ’828 patent do not merely claim trick
`
`modes of operation. Rather, as discussed above, they claim a technical solution to technical
`
`problems, thereby permitting the extension of “the transport mechanism based on the HTTP-
`
`GET method such that it is also possible to implement so-called trick modes in the transmission
`
`of data streams.” ’828 patent at 2:28-32.
`
`60.
`
`Traditional VHS players do not involve a method for discontinuous transmission,
`
`in sections, of encoded video data in a network of distributed appliances. Rather, VHS, short for
`
`Video Home System, utilized analog video recording. Moreover, traditional VHS players did not
`
`practice the inventions recited in the claims of the ’828 patent. Indeed, a traditional VHS player
`
`did not practice any element of claim 1 of the ’828 patent. One viewer communicating to another
`
`about rewinding a movie 15 seconds or fast-forwarding at a specific speed does not practice any
`
`15
`
`

`

`Case 6:22-cv-01019-ADA Document 1 Filed 09/30/22 Page 16 of 18
`
`element of claim 1 of the ’828 patent. Selecting either rewind or fast forward and adjusting speed
`
`on a controller of a VHS player did not practice any element of claim 1 of the ’828 patent (much
`
`less all elements). Off-the-shelf technology prior to the invention recited in the ’828 patent was
`
`not capable of practicing claim 1 of the ’828 patent. Sending a fast-forward command or rewind
`
`command to a traditional VHS player did not require a file name, the details of an appliance or
`
`host, or the start time.
`
`COUNT I – INFRINGEMENT OF THE ʼ752 PATENT
`
`61.
`
`Plaintiff realleges and incorporates by reference the allegations set forth above, as
`
`if set forth verbatim herein.
`
`62.
`
`Defendant has been and is now making, using, selling, offering for sale, and/or
`
`importing products and/or services that incorporate one or more of the inventions claimed in the
`
`’752 patent.
`
`63.
`
`For example, Defendant infringes at least claim 15 of the ’752 patent, either
`
`literally or under the doctrine of equivalents, in connection with its utilization of HLS for
`
`delivery of content, including to customers and viewers of lego.com, as detailed in the
`
`preliminary claim chart attached hereto as Exhibit E and incorporated herein by reference.
`
`64.
`
`Defendant’s infringing activities are and have been without authority or license
`
`under the ’752 patent.
`
`65.
`
`Plaintiff has been damaged by Defendant’s infringement of the ’752 patent, and
`
`Plaintiff is entitled to recover damages for Defendant’s infringement, which damages cannot be
`
`less than a reasonable royalty.
`
`COUNT II – INFRINGEMENT OF THE ʼ828 PATENT
`
`66.
`
`Plaintiff realleges and incorporates by reference the allegations set forth above, as
`
`if set forth verbatim herein