Case 2:11-cv-10701-DOC-JPR Document 1 Filed 12/27/11 Page 1 of 19 Page ID #:27
`Case 2' 1—cv-10701—DOC—JPR Document1
`Filed 12/27/11 .P,age1 of 19 Page ID #227
`
`Jan _P. Weir, State Bar No. 106652
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`YOCCA CARLSON & RAUTH
`660 New ort Center Drive, Suite 1600
`New ort
`each, CA 92660-6422
`Tel: 49-725-4000
`Andrew G. DiNoVo (will seek admission pro hac vice)
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`Vhardy@dpelaw.com
`DiNovo Price Ellwanger & Hardy LLP
`7000 North Mopac Expressway
`Suite 350
`,
`Austin, TX 78731
`Tel: 512-539-2632
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`Attorneys for Plaintiff
`Preservation Technologies LLC
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`PRESERVATION TECHNOLOGIES
`LLC,
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`CASE NGEV11 - 10701 JFW (JEMX)
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`Plaintiff,
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`VS.
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`FACEBOOK, INC.,
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`Defendant.
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`PLAINTIFF’S ORIGINAL
`COMPLAINT
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`Juiy Trial Demanded
`
`28
`STRADLING YOCCA
`S
`LAWYER
`V CARLSON & RAUTH
`NEWPORT BEACH
`
`LITIOC/2013284v2/019999-0000
`
`COMPLAINT
`
`

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`Case 2:11-cv-10701-DOC-JPR Document 1 Filed 12/27/11 Page 2 of 19 Page ID #:28
`Case 2: 1-cv—10701—DOC—JPR Document1
`Filed 12/27/11 Page 2 of 19 Page ID #228
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`PLAINTIFF’S ORIGINAL COMPLAINT
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`Preservation Technologies LLC (“Preservation Technologies”) by and
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`through its attorneys, for its Original Complaint against Defendant Facebook, Inc.
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`2
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`(“Facebook”) hereby alleges as follows:
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`I. NATURE OF THE ACTION
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`1.
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`This is an action for patent infringement arising under the patent laws
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`of the United States, 35 U.S.C. §§ 271, et seq., to enjoin and obtain damages
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`resulting from Facebook’s unauthorized use, sale, and offerto sell in the United
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`States of products, methods, processes, services and/or systems that infringe one or
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`more claims of United States Patent No. 6,199,060, issued on March 6, 2001, for
`“Method and Apparatus Management ofMultimedia Assets” naming Samuel
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`Gustman as inventor (the “’060 Patent”), a true and correct copy of which is
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`attached hereto as Exhibit 1; United States Patent No. 6,581,071, issued June 17,
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`2003, for “Surveying System and Method” naming Samuel Gustman and Barbara
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`DeLury as inventors (the ‘"071 Patent”), a true and correct copy of which is
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`attached hereto as Exhibit 2; United States Patent No. 5,813,014, issued on
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`September 22, 1998, for “Method and Apparatus for Management of Multimedia
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`Assets” naming Samuel Gustman as inventor (the ‘"014 Patent”), a true and correct
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`copy of which is attached hereto as Exhibit 3; United States Patent No. 6,092,080,
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`issued July 18, 2000, for “Digital Library System” naming Samuel Gustman as
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`inventor (the “’080 Patent”), a true and correct copy of which is attached hereto as
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`Exhibit 4; United States Patent No. 6,212,527, issued April 3, 2001, for “Method
`
`and Apparatus for Cataloguing Multimedia Data” naming Samuel Gustman as
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`inventor (the “’527 Patent”), a true and correct copy of which is attached hereto as
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`Exhibit 5; United States Patent No. 6,574,638, issued June 3, 2003, for “Method
`
`and Apparatus for Cataloguing Multimedia Data Using Surveying Data” naming
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`Samuel Gustman and Barbara DeLury as inventors (the “’638 Patent”), a true and
`_ 1 _
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`LITIOC/2013284v2/019999-0000
`
`COMPLAINT
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`STRADLING YOCCA
`CARLSON & RAUTH
`LAWYERS
`NEWPORT BEACH
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`

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`Case 2:11-cv-10701-DOC-JPR Document 1 Filed 12/27/11 Page 3 of 19 Page ID #:29
`Case 2:
`1—cv-10701-DOC-JPR Document 1
`Filed 12/27/11 Page 3 of 19 Page ID #229
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`correct copy of which is attached hereto as Exhibit 6; United States Patent No.
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`6,549,911, issued April 15, 2003, for “Method and Apparatus for Cataloguing
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`Multimedia Data” naming Samuel Gustman as inventor (the “’9ll Patent”), a true
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`and correct copy of which is attached hereto as Exhibit 7; and United States Patent
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`No. 6,353,831, issued March 5, 2002, for “Digital Library System” naming Samuel
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`Gustman as inventor (the “’831 Patent”), a true and correct copy of which is
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`attached hereto as Exhibit 8. Collectively, the ’060 Patent, the ’07l Patent, the
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`’014 Patent, the ’080 Patent, the ’527 Patent, the ’638 Patent, the ’911 Patent and
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`the ’831 Patent are referenced herein as the “Patents—in—Sui .”
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`2.
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`Preservation Technologies is the exclusive licensee and holder of all
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`substantial rights and interest in and to the Patents—in-Suit.
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`3.
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`Facebook manufactures, provides, sells, offers for sale, imports and/or‘
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`distributes infringing products and services; and!or induces others to use its
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`products and services in an infringing manner; and/or contributes to the use of
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`infringing products and services by others.
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`4.
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`Plaintiff Preservation Technologies seeks injunctive relief to prevent
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`Facebook from continuing infringement of Plaintiff’ s valuable patent rights.
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`Plaintiff Preservation Technologies further seeks monetary damages and
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`prejudgment interest for Facebook’s past infringement of the Patents—in-Suit.
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`5.
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`This is an exceptional case, and Preservation Technologies is entitled
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`to damages, enhanced-damages, attorneys’ fees, costs and expenses.
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`II. THE PARTIES
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`6.
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`Plaintiff Preservation Technologies LLC is a Delaware limited
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`liability company, having its principal place of business at 874 Walker Road, Suite
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`C, Dover DE 19904.
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`7.
`
`On information and belief, Facebook is a corporation organized and
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`existing under the laws of the State of Delaware, with a place of business located at
`-2-
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`LITIOC/2013284v2/019999-0000
`
`COMPLAINT
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`LAWYERS
`NEWPORT BEACH
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`

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`Case 2:11-cv-10701-DOC-JPR Document 1 Filed 12/27/11 Page 4 of 19 Page ID #:30
`Case 2: 1-cv—10701—DOC—JPR Document1
`Filed 12/27/11 Page 4 of 19 Page ID #230
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`1601 S. California Avenue, Palo Alto, CA 94304. Facebook can be served with
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`process by serving its registered agent for service of process in the State of
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`California, Corporation Service Company d/b/a CSC — Lawyers Incorporating
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`Service, 2730 Gateway Oaks Dr., Ste. 100, Sacramento, CA 95833.
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`III. JURISDICTION AND VENUE
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`8.
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`This is an action for patent infringement which arises under the Patent
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`Laws of the United States, in particular, 35 U.S.C. §§271, 281, 283, 284 and 285.
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`This Court has exclusive jurisdiction over the subject matter of this action under 28
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`U.S.C. §§1331 and l338(a).
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`9.
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`On information and belief, venue is proper in this district pursuant to
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`28 U.S.C. §§ 1391(b), 1391(0), and 1400(b) because Defendant has transacted
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`business in this district, and has committed and/or induced acts of patent
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`infringement in this district.
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`10. On information and belief, Defendant Facebook is subject to this
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`Court’s specific and general personal jurisdiction pursuant to due process and/or
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`the California Long
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`Statute, due at least to its substantial business in this
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`forum, including: (i) at least a portion of the infiingements alleged herein; and (ii)
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`regularly doing or soliciting business, engaging in other persistent courses of
`conduct, and/or deriving substantial revenue from goods and services provided to
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`individuals in California and in this Judicial District.
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`IV. BACKGROUND
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`11.
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`The USC Shoah Foundation developed the patented technology. Its
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`impetus was to gather, catalog and make available for access thousands of video
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`testimonies. In January 2006, the Survivors of the Shoah Visual Histoiy
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`Foundation became part of the Dana and David Dornsife College of Letters, Arts
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`STRADLING YOCCA
`CARLSON & RAUTH
`LAWYERS
`NEEEEERT BEACH
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`LITIOC/2013284v2/019999-0000
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`-3-
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`COMPLAINT
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`

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`Case 2:11-cv-10701-DOC-JPR Document 1 Filed 12/27/11 Page 5 of 19 Page ID #:31
`Case 2:11-cv—10701-DOC-JPR Document'1
`Filed 12/27/11 Page 5 of 19 Page ID #231
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`and Sciences at the University of Southern California in Los Angeles, where the
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`testimonies in the Visual History Archive are preserved.
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`12.
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`Preservation Technologies has all substantial rights and interest to the
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`Patents—in—Suit, including all rights to recover for all past and future infringements
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`thereof
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`V. DEFENDANT’S ACTS
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`13.
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`Facebook manufactures, provides, sells, offers for sale and/or
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`distributes infringing systems. The infringing Facebook systems and methods
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`include, but are not limited to, systems and methods relating to the cataloguing,
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`organizing searching, rating, and provisioning digital multimedia data including
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`but not limited to the foregoing services on Facebook.com, and related products.
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`Facebook provides related services, specifications and instructions for the
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`installation and operation of such systems to its customers.
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`VI. COUNT ONE
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`DIRECT AND INDIRECT INFRINGEMENT OF
`
`U.S. PATENT NO. 6,199,060
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`14.
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`Preservation Technologies incorporates by reference its allegations in
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`Paragraphs 1-l3 as if fully restated in this paragraph.
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`15.
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`Preservation Technologies has all substantial rights and interest to the
`
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`’O60 Patent, including all rights to recover for all past and future infringements
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`LAWYERS
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`16.
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`The ’060 Patent is Valid and enforceable‘.
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`17. On information and belief, Defendant Facebook, without permission
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`of Preservation Technologies, has been and is presently infringing the ’060 Patent,
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`as infringement is defined by 35 U.S.C. § 27l(a), including through making, using,
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`selling, offering for sale and importing methods and articles infringing one or more
`-4-
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`LITIOC/2013284v2/019999-0000
`
`COMPLAINT
`
`

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`Case 2:11-cv-10701-DOC-JPR Document 1 Filed 12/27/11 Page 6 of 19 Page ID #:32
`Case 2:11—cv—10701—DOC—JPR Document 1
`Filed 12/27/11 Page 6 of 19 Page ID #:32
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`claims of the ’O60 Patent. Defendant is thus liable for direct infringement of the
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`’O60 Patent pursuant to 35 U.S.C. § 271(a).
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`18. On information and belief, at least since the filing of this Complaint,
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`Defendant Facebook, without permission of Preservation Technologies, has been
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`and is presently indirectly infringing the ’060 Patent, including actively inducing
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`infringement of the ’O60 Patent under 35 U.S.C. § 27l(b) and contributing to
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`infringement of the ’060 Patent under 35 U.S.C. § 271(c). Such inducements
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`include without limitation, with specific intent to encourage the infringement,
`knowingly inducing consumers to use infringing articles and methods that
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`Facebook knew or should have known infringe one or more claims of the ’060
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`19.
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`On information and belief, Defendant, with knowledge of the ’060
`
`Patent, provides instructions to its customers to use the accused instrumentalities in
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`an infringing manner, and their customers do so.
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`20.
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`As a result of Defendant’s infringement of the ’060 Patent,
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`Preservation Technologies has suffered monetary damages that are adequate to
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`compensate them for the infringement under 35 U.S.C. § 284, but in no event less
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`than a reasonable royalty.
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`VII. COUNT TWO
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`DIRECT AND INDIRECT INFRINGEMENT OF
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`U.S. PATENT NO. 6,581,071
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`21.
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`Preservation Technologies incorporates by reference its allegations in
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`Paragraphs 1-13 as if fully restated in this paragraph.
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`22.
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`Preservation Technologies has all substantial rights and interest to the
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`’07 1 Patent, including all rights to recover for all past and fiiture infringements
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`I\.) \‘l
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`thereof
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`23.
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`The ’O71 Patent is valid and enforceable.
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`-5-
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`COMPLAINT
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`LITIOC/2013284v2/019999-0000
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`

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`Case 2:11-cv-10701-DOC-JPR Document 1 Filed 12/27/11 Page 7 of 19 Page ID #:33
`Case 2:11—cv—10701—DOC—JPR Document 1
`Filed 12/27/11 Page 7 of 19 Page ID #233
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`24. On information and belief, Defendant Facebook, without permission
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`of Preservation Technologies, has been and is presently infringing the ’O7l Patent,
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`as infringement is defined by 35 U.S.C. § 27l(a), including through making, using,
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`selling, offering for sale and importing methods and articles infringing one or more
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`claims of the ’O7l Patent. Defendant is thus liable for direct infringement of the
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`’071 Patent pursuant to 35 U.S.C. § 27l(a).
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`25. On information and belief, at least since the filing of this Complaint,
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`Defendant Facebook, Without permission of Preservation Technologies, has been
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`and is presently indirectly infringing the ’071 Patent, including actively inducing
`infringement ofthe ’07l Patent under 35 U.S.C. § 2'71(b) and contributing to’
`I
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`infringement of the ’O71 Patent under 35 U.S.C. § 271(c). Such inducements
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`include without limitation, with specific intent to encourage the infringement,
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`knowingly inducing consumers to use infringing articles and methods that
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`Facebook knew or should have known infringe one or more claims of the ’O71
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`26.
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`On information and belief, Defendant, with knowledge of the ‘O71
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`Patent, provides instructions to its customers to use the accused instrumentalities in
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`an infringing manner, and their customers do so.
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`27. As a result of Defendant’s infringement of the ’07l Patent,
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`Preservation Technologies has suffered monetary damages that are adequate to
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`compensate them for the infringement under 35 U.S.C. § 284, but in no event less
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`VIII. COUNT THREE
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`DIRECT AND INDIRECT INFRINGEMENT OF
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`U.S. PATENT NO. 5,813,014
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`28.
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`Preservation Technologies incorporates by reference its allegations in
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`STRADLING YOCCA
`CARLSON & RAUTH
`LAWYERS
`NEWPORT BEACH
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`Paragraphs 1-13 as if fully restated in this paragraph.
`-5-
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`COMPLAINT
`
`LITIOC/2013284V2/019999-0000
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`

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`Case 2:11-cv-10701-DOC-JPR Document 1 Filed 12/27/11 Page 8 of 19 Page ID #:34
`Case 2' 1-cv—10701—DOC—JPR Document1
`Filed 12/27/11 Page 8 of 19 Page ID #234
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`29.
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`Preservation Technologies has all substantial rights and interest to the
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`‘O14 Patent, including all rights to recover for all past and future infringements
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`thereof.
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`30.
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`The ‘014 Patent is valid and enforceable.
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`31. On information and belief, Defendant Facebook, without permission
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`of Preservation Technologies, has been and is presently infringing the ‘O14 Patent,
`as infringement is defined by 35 U.S.C. § 271(a), including through making, using,
`selling, offering for sale and importing methods and articles infringing one or more
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`claims of the ‘O14 Patent. Defendant is thus liable for direct infringement of the
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`‘O14 Patent pursuant to 35 U.S.C. § 27l(a).
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`32. On information and belief, at least since the filing of this Complaint,
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`Defendant Facebook, without permission of Preservation Technologies, has been
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`and is presently indirectly infringing the ‘O14 Patent, including actively inducing
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`infringement of the ‘O14 Patent under 35 U.S.C. § 27l(b) and contributing to
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`infringement of the ‘O14 Patent under 35 U.S.C. § 27l(c). Such inducements
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`include without limitation, with specific intent to encourage the infringement,
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`knowingly inducing consumers to use infringing articles and methods that
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`Facebook knew or should have known infringe one or more claims of the ‘O14
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`33. On information and belief Defendant, with knowledge of the ‘O14
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`Patent, provides instructions to its customers to use the accused instrumentalities in
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`an infringing manner, and their customers do so.
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`34. As a result of Defendant’s infringement of the ‘O14 Patent,
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`Preservation Technologies has suffered monetary damages that are adequate to
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`compensate them for the infringement under 35 U.S.C. § 284, but in no event less
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`than a reasonable royalty.
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`CARLSON & RA
`LAWYERS
`Nnwro RT B EACH
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`LITIOC/2013284v2/O19999-0000
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`-7-
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`COMPLAINT
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`

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`Case 2:11-cv-10701-DOC-JPR Document 1 Filed 12/27/11 Page 9 of 19 Page ID #:35
`Case 2:11—cv—10701—DOC—JPR Document 1
`Filed 12/27/11 Page 9 of 19 Page ID #:35
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`IX. COUNT
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`DIRECT AND INDIRECT INFRINGEMENT OF
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`U.S. PATENT NO.i6,092,080
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`35.
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`Preservation Technologies incorporates by reference its allegations in
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`Paragraphs 1-13 as if fully restated in this paragraph.
`
`36.
`Preservation Technologies has all substantial rights and interest to the
`‘080 Patent,iincluding all rights to recover for all past and future infringements
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`thereof.
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`37.
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`The ‘O80 Patent is Valid and enforceable.
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`3 8. On information and belief, Defendant Facebook, Without permission
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`of Preservation Technologies, has been and is presently infringing the ‘O80 Patent,
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`as infringement is defined by 35 U.S;C. § 271(a), including through making, using,
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`selling, offering for sale and importing methods and articles infringing one or more
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`claims of the ‘O80 Patent. Defendant is thus liable for direct infringement of the
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`‘O80 Patent pursuant to 35 U.S.C. § 27l(a).
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`39. On information and belief, at least since the filing of this Complaint,
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`Defendant Facebook, without permission of Preservation Technologies, has been
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`and is presently indirectly infringing the ‘O80 Patent, including actively inducing
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`infringement of the ‘O80 Patent under 35 U.S.C. § 27l(b) and contributing to
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`infringement of the ‘080 Patent under 35 U.S.C. § 271(c). Such inducements
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`include without limitation, with specific intent to encourage the infringement,
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`knowingly inducing consumers to use infringing articles and methods that
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`Facebook knew or should have known infringe one or more claims of the ‘O80
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`LAWYERS
`NEWPORT BEACH
`
`40. On information and belief, Defendant, with knowledge of the ‘080
`
`Patent, provides instructions to its customers to use the accused instrumentalities in
`
`an infringing manner, and their customers do so.
`
`LITIOC/2013284v2/019999-0000
`
`-3-
`
`COMPLAINT
`
`

`
`Case 2:11-cv-10701-DOC-JPR Document 1 Filed 12/27/11 Page 10 of 19 Page ID #:36
`Case 2:11-cv—10701-DOC-JPR Document 1
`Filed 12/27/11 Page 10 of 19 Page ID #236
`
`41. As a result of Defendant’s infringement of the ‘080 Patent,
`
`Preservation Technologies has suffered monetary damages that are adequate to
`
`compensate them for the infringement under 35 U.S.C. § 284, but in no event less
`
`than a reasonable royalty.
`
`X. COUNT FIVE
`
`DIRECT AND INDIRECT INFRINGEMENT OF
`
`U.S. PATENT NO. 6,212,527
`
`42.
`
`Preservation Technologies incorporates by reference its allegations in
`
`Paragraphs 1-13 as if fully restated in this paragraph.
`
`43.
`
`Preservation Technologies has all substantial rights and interest to the
`
`’527 Patent, including all rights to recover for all past and future infiingements
`
`©\OO0\]O\U‘I-I>UJl\-7?-"
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`1-4
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`thereof.
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`44.
`
`The ’527 Patent is valid and enforceable.
`
`45. On information and belief Defendant Facebook, Without permission
`
`of Preservation Technologies, has been and is presently infringing the ’527 Patent,
`
`as infringement is defined by 35 U.S.C. § 27l(a), including through making, using,
`selling, offering for sale and importing methods and articles infringing one or more
`
`claims of the ’527 Patent. Defendant is thus liable for direct infringement of the
`
`’527 Patent pursuant to 35 U.S.C. § 27l(a).
`
`46. On information and belief, at least since the filing of this Complaint,
`
`Defendant Facebook, without permission of Preservation Technologies, has been
`
`and is presently indirectly infringing the ’527 Patent, including actively inducing
`
`infringement of the ’527 Patent under 35 U.S.C. § 27l(b) and contributing to
`
`infringement of the ’527 Patent under 35 U.S.C. § 271(0). Such inducements
`
`include Without limitation, with specific intent to encourage the infringement,
`
`knowingly inducing consumers to use infringing articles and methods that
`
`28
`STRADLING YOCCA
`CARLSON & RAUTH
`LAWYERS
`NE\A’PORT BEACH
`
`LITIOC/2013284v2/019999-0000
`
`-9-
`
`COMPLAINT
`
`

`
`Case 2:11-cv-10701-DOC-JPR Document 1 Filed 12/27/11 Page 11 of 19 Page ID #:37
`Case 2:1 —cv—10701—DOC-JPR Document 1
`Filed 12/27/11 Page 11 of 19 Page ID #237
`
`1
`
`Facebook knew or should have known infringe one or more claims of the ’527
`
`2 Patent.
`
`3
`
`47. On information and belief, Defendant, with knowledge of the ’527
`
`4 Patent, provides instructions to its customers to use the accused instrumentalities in
`
`5
`
`6
`
`an infringing manner, and their customers do so.
`
`48. As a result of Defendant’s infringement of the ’527 Patent,
`
`7 Preservation Technologies has suffered monetary damages that are adequate to
`
`8
`
`9
`
`l 0
`
`ll
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`compensate them for the infringement under 35 U.S.C. § 284, but in no event less
`
`than a reasonable royalty.
`
`,
`
`XI. COUNT SIX
`
`DIRECT AND INDIRECT INFRINGEMENT OF
`
`U.S. PATENT NO. 6,574,638.
`
`49.
`
`Preservation Technologies incorporates by reference its allegations in
`
`Paragraphs 1-13 as if fully restated in this paragraph.
`
`50.
`
`Preservation Technologies has all substantial rights and interest to the
`
`‘638 Patent, including all rights to recover for all past and future infringements
`
`l 8
`
`thereof.
`
`19
`
`20
`
`21
`
`l\)l\J
`
`l\3 U)
`
`[0-l>-
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`
`[0 ON
`
`51.
`
`The ‘638 Patent is valid and enforceable.
`
`52. On information and belief, Defendant Facebook, without permission
`
`of Preservation Technologies, has been and is presently infringing the ‘638 Patent,
`as infringement is defined by 35 U.S.C. § 271(a), including through making, using,
`
`selling, offering for sale and importing methods and articles infringing one or more
`
`claims of the ‘638 Patent. Defendant is thus liable for direct infringement of the
`
`‘638 Patent pursuant to 35 U.S.C. § 27l(a).
`53. On information and belief at least since the filing of this Complaint,
`
`[0 \1 Defendant Facebook, without permission of Preservation Technologies, has been
`
`28
`STRADLING YOCCA
`CARLSON & RAUTH
`NEW?!) RT BEACH
`
`and is presently indirectly infringing the ‘638 Patent, including actively inducing
`-10-
`
`LITIOC/20l3284v2/019999-0000
`
`COMPLAINT
`
`

`
`Case 2:11-cv-10701-DOC-JPR Document 1 Filed 12/27/11 Page 12 of 19 Page ID #:38
`Case 2:1 -cv—10701—DOC-JPR Document 1
`Filed 12/27/11 Page 12 of 19 Page ID #238
`
`infringement of the ‘638 Patent under 35 U.S.C. § 271(b) and contributing to
`
`infiingement of the ‘638 Patent under 35 U.S.C. § 27l(c). Such inducements
`
`‘ include without limitation, with specific intent to encourage the infringement,
`
`knowingly inducing consumers to use infringing articles and methods that
`
`Facebook knew or should have known infringe one or more claims of the ‘638
`
`1 2 3 4 5
`
`6 Patent.
`
`p
`
`7
`
`54. On information and belief, Defendant, with knowledge of the ‘638
`
`8 Patent, provides instructions to its customers to use the accused instrumentalities in
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`an infringing manner, and their customers do so.
`
`55. As a result of Defendant’s infringement of the ‘638 Patent,
`
`Preservation Technologies has suffered monetary damages that are adequate to
`
`compensate them for the infringement under 35 U.S.C. § 284, but in no event less
`
`than a reasonable royalty.
`
`XII. COUNT SEVEN
`
`DIRECT AND INDIRECT INFRINGEMENT OF
`
`U.S. PATENT NO. 6,549,911
`
`56.
`
`Preservation Technologies incorporates by reference its allegations in
`
`19 Paragraphs 1-13 as if fully restated in this paragraph.
`
`1
`
`20
`
`21
`
`57.
`
`Preservation Technologies has all substantial rights and interest to the
`
`‘91l Patent, including all rights to recover for all past and future infringements
`
`22
`
`thereof.
`
`58.
`
`The ‘911 Patent is valid and enforceable.
`
`59. On information and belief, Defendant Facebook, without permission
`
`of Preservation Technologies, has been and is presently infringing the ‘9ll Patent,
`
`as infringement is defined by 35 U.S.C. § 271(a), including through making, using,
`
`selling, offering for sale and importing methods and articles infringing one or more
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`STRADLING YOCCA
`CARLSON & RAUTH
`NE\\’l"ORT BEACH
`
`LITIOC/2013284v2/019999-0000
`
`-1 1-
`
`COMPLAINT
`
`

`
`Case 2:11-cv-10701-DOC-JPR Document 1 Filed 12/27/11 Page 13 of 19 Page ID #:39
`Case 2:1 -cv—10701—DOC-JPR Document 1
`Filed 12/27/11 Page 13 of 19 Page ID #239
`
`1
`
`2
`3
`
`claims of the ‘911 Patent. Defendant is thus liable for direct infringement of the
`
`‘911 Patent pursuant to 35 U.S.C. § 271(a).
`1
`60.
`Cn information and belief, at least sincethe filing of this Complaint,
`
`4 Defendant Facebook, without permission of Preservation Technologies, has been
`
`5
`
`6
`
`7
`
`8
`
`9
`
`and is presently indirectly infringing the ‘911 Patent, including actively inducing
`
`infringement of the ‘91l Patent under 35 U.S.C. § 271(b) and contributing to
`
`infringement of the ‘911 Patent under 35 U.S.C. § 271(c). Such inducements
`
`include without limitation, with specific intent to encourage the infringement,
`
`knowingly inducing consumers to use infringing articles and methods that
`
`10 Facebook knew or should have known infringe one or more claims of the ‘911
`
`1 1
`
`Patent.
`
`12
`
`61. On information and belief, Defendant, with knowledge of the ‘911
`
`13 Patent, provides instructions to its customers to use the accused instrumentalities in
`
`14
`
`15
`
`an infringing manner, and their customers do so.
`
`62. As a result of Defendant’s infringement of the ‘911 Patent,
`
`16 Preservation Technologies has suffered monetary damages that are adequate to
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`compensate them for the infringement under 35 U.S.C. § 284, but in no event less
`
`than a reasonable royalty.
`
`XIII. COUNT EIGHT
`
`DIRECT AND INDIRECT INFRINGEMENT OF
`
`U.S. PATENT NO. 6,353,831
`
`63.
`
`Preservation Technologies incorporates by reference its allegations in
`
`24 Paragraphs 1-13 as if fully restated in this paragraph.
`
`25
`
`26
`
`64.
`
`Preservation Technologies has all substantial rights and interest to the
`
`‘831 Patent, including all rights to recover for all past and future infringements
`
`27
`
`thereof.
`
`28
`
`65.
`
`The ‘831 Patent is valid and enforceable.
`
`2::::§;.j§.Rj;i:::
`
`NEWPORT BEACH
`
`LITIOC/2013284V2/019999-0000
`
`COR;;I:mT
`
`

`
`Case 2:11-cv-10701-DOC-JPR Document 1 Filed 12/27/11 Page 14 of 19 Page ID #:40
`Case 2:11—cv—10701—DOC—JPR Document 1
`Filed 12/27/11 Page 14 of 19 Page ID #240
`
`.66. On information and belief, Defendant Facebook, without permission
`
`of Preservation Technologies, has been and is presently infringing the ‘83l Patent,
`
`as infringement is defined by 35 U.S.C. § 27l(a), including through making, using,
`
`selling, offering for sale and importing methods and articles infringing one or more
`
`claims of the ‘831 Patent. Defendant is thus liable for direct infringement of the
`
`‘831 Patent pursuant to 35 U.S.C. § 27l(a).
`
`67. On information and belief, at least since the filing of this Complaint,
`
`Defendant Facebook, without permission of Preservation Technologies, has been
`
`and is presently indirectly infringing the ‘S31 Patent, including actively inducing
`
`infringement of the ‘E331 Patent under 35 U.S.C. § 27l(b) and contributing to
`
`infringement of the ‘S31 Patent under 35 U.S.C. § 27l(c). Such inducements
`
`include without limitation, with specific intent to encourage the infringement,
`
`knowingly inducing consumers to use infiinging articles and methods that
`
`Facebook knew or should have known infringe one or more claims of the ‘83l
`
`Ei\OO0\1O’\U1-I3UJl\JI-*
`
`y_A )—L
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`Patent.
`
`68. On information and belief, Defendant, with knowledge of the ‘83l
`
`Patent, provides instructions to its customers to use the accused instrumentalities in
`
`an infringing manner, and their customers do so.
`
`69. As a result of Defendant’s infringement of the ‘83l Patent,
`
`’
`
`Preservation Technologies has suffered monetary damages that are adequate to
`
`compensate them for the infringement under 35 U.S.C. § 284, but in no event less
`
`than a reasonable royalty.
`
`XIV. JURY DEMAND
`
`70.
`
`Plaintiff Preservation Technologies hereby demands a jury on all
`
`issues so triable.
`
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`
`28
`STRADLING YOCCA
`CARLSON & RAUTH
`LAWYERS
`NEWPORT BEACH
`
`LITIOC/2013284v2/019999-0000
`
`-13-
`
`COMPLAINT
`
`

`
`Case 2:11-cv-10701-DOC-JPR Document 1 Filed 12/27/11 Page 15 of 19 Page ID #:41
`Case 2:1 —cv—10701—DQC—JPR Document1
`Filed 12/27/11 Page15of19 Page ID #:41
`
`XV. REQUEST FOR RELIEF
`
`VVHEREFORE, Plaintiff Preservation Technologies respectfully requests
`
`that the Court:
`
`A.
`
`Enter judgment that Defendant infringes one or more claims of the
`
`Patents—in—Suit literally and/or under the doctrine of equivalents;
`
`B.
`
`Permanently enjoin Defendant, its agents, servants and employees,
`
`and all those in privity with Defendant or in active concert and participation with
`
`Defendant, from engaging in acts of infringement of the Patents—in—Suit;
`
`C.
`
`Award Plaintiff Preservation Technologies past and future damages
`
`together with prejudgment and post—judgment interest to compensate for the
`
`infringement by Defendant of the Patents—in—Suit in accordance with 35 U.S.C.
`
`§284, and increase such award by up to three times the amount found or assessed
`
`in accordance with 35 U.S.C. §284;
`
`D.
`
`E.
`
`Declare this case exceptional pursuant to 35 U.S.C. §285; and
`
`Award Plaintiff Preservation Technologies its costs, disbursements,
`
`attorneys’ fees and such further and additional relief as is deemed appropriate by
`
`©\OOO\]O1U‘1-I>UJl\Jb‘
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`this Court.
`
`DATED: December 27, 2011
`
`STRADLING YOCI A CARLSON & RAUTH
`
`
`
`
`
` I I)o»i K
`"
`/9./ftorneys_ for Plaintiff
`/» reservation Technologies LLC
`
`1- O0
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`
`28
`STRADLING YOCCA
`CARLSON & RAUTH
`LAWYERS
`NEWPO RT E EACH
`
`LITIOC/2013284v2/019999-0000
`
`-14-
`
`COMPLAINT
`
`

`
`Case 2:11-cv-10701-DOC-JPR Document 1 Filed 12/27/11 Page 16 of 19 Page ID #:42
`Case 2:11-cv—10701-DOC-JPR Document 1
`Filed 12/27/11 Page 16 of 19 Page ID #242
`
`UNITED STATES DISTRICT COURT
`
`CENTRAL DISTRICT OF CALIFORNIA
`
`NOTICE OF ASSIGNMENT TO UNITED STATES MAGISTRATE JUDGE FOR DISCOVERY
`
`This case has been assigned to District Judge John F. Walter and the assigned discovery
`Magistrate Judge is John E. McDermott.
`
`The case number on all documents filed with the Court should read as follows:
`
`cv11- 10701 JFW (JEMx)
`
`Pursuant to General Order 05-07 of the United States District Court for the Central
`
`District of California, the Magistrate Judge has been designated to hear discovery related
`motions.
`
`All discovery related motions should be noticed on the calendar of the Magistrate Judge
`
`NOTICE TO COUNSEL
`
`A copy of this notice must be served with the summons and complaint on all defendants (if a removal action is
`filed, a copy of this notice must be served on all plaintiffs).
`
`Subsequent documents must be filed at the following location:
`
`[X] Western Division
`312 N. Spring St., Rm. G-8
`Los Angeles, CA 90012
`
`L] Southern Division
`411 West Fourth St., Rm. 1-053
`Santa Ana, CA 92701-4516
`
`L] Eastern Division
`3470 Twelfth St., Rm. 134
`Riverside, CA 92501
`
`Failure to file at the proper location will result in your documents being returned to you.
`
`CV-18 (03/06)
`
`NOTICE OF ASSIGNMENT TO UNITED STATES MAGISTRATE JUDGE FOR DISCOVERY
`
`

`
`Case 2:11-cv-10701-DOC-JPR Document 1 Filed 12/27/11 Page 17 of 19 Page ID #:43
`—DOC-JPR Document 1
`Filed 12/27/11 Page 17 of 19 Page ID #243
`
`Jan
`jWeir@sycr.com
`Douglas Q. Hahn (SBN 257559)
`dhahn@sycr.com
`Stradling Yocca Carlson & Rauth
`660 Newport Center Drive, Suite 1600
`Newport Beach, CA 92660
`T: 949-725-4000 / F: 949-725-4100
`
`UNITED STATES DISTRICT COURT
`
`CENTRAL DISTRICT OF CALIFORNIA
`
`CASE NUMBER
`
`PRESERVATION TECHNOLOGIES LLC,
`
`V.