Case 8:11-cv-01985-DOC-JPR Document 1 Filed 12/27/11 Page 1 of 50 Page ID #:1
`Case 8' S1-cv—01985—DOC-JPR Document 1
`Filed 12/27/11 Page1of50 Page ID #:1
`
`_Jan P. Weir, State Bar No. 106652
`weir
`sycr.corn
`oug as Q. Hahn, State Bar No. 257559
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`Jose h .
`ellema, State Bar No. 248118
`jmel ema
`s cr.com
`STRADL
`YOCCA_CARL_S ON & 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)
`ad1noVo@%§1pe1aw.oom
`_
`_
`Adam G.
`rice (will seek admission pro hac vice)
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`rotor
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`' ardy (will seek admission pro hac vice)
`Vhardy@dpe1aw.com
`DiNoVo Price Ellwanger & Hardy LLP
`7000 North Mopac Expressway
`Suite 350
`Austin, TX 78731
`Tel: 512-539-2632
`
`Attorneys for Plaintiff
`Preservation Technologies LLC
`
`
`
`UNITED STATES DISTRICT COURT
`
`CENTRAL DISTRICT OF CALIFORNIA
`
`£§](3:SERVATION TECHNOLOGIES
`
`CASE NO.
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`SACV11 - 1985 CJC (RNBX)
`
`Plaintiffl
`
`PLAINTIFF’S ORIGINAL
`COMPLAINT
`
`VS.
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`HULU, LLC
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`Defendant.
`
`Jury Trial Demanded
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`LITIOC/2013285V2/019999-0000
`
`COMPLAINT
`
`

`
`Case 8:11-cv-01985-DOC-JPR Document 1 Filed 12/27/11 Page 2 of 50 Page ID #:2
`Case 8' 1-cv—01985—DOC-JPR Document1
`Filed 12/27/11 Page 2 of 50 Page ID #:2
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`STRADLING YOCCA
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`PLAINTIFF’S ORIGINAL COMPLAINT
`
`Preservation Technologies LLC (“Preservation Technologies”) by and
`
`through its attorneys, for its Original Complaint against Defendant Hulu, LLC
`(“Hulu”) hereby alleges as follows:
`4
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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
`
`of the United States, 35 U.S.C. §§ 271, et seq., to enjoin and obtain damages
`resulting from Hulu’s unauthorized use, sale, and offer to sell in the United States
`
`of products, methods, processes, services and/or systems that infringe one or more
`
`claims of United States Patent No. 6,581,071, issued June 17, 2003, for “Surveying
`
`System and Method” naming Samuel Gustman and Barbara DeLury as inventors
`
`(the ‘"071 Patent”), a true and correct copy of which is attached hereto as Exhibit
`
`1; United States Patent No. 5,813,014, issued on September 22, 1998, for “Method
`
`and Apparatus for Management of Multimedia Assets” naming Samuel Gustman
`
`as inventor (the “’014 Patent”), a true and correct copy of which is attached hereto
`
`as Exhibit 2; United States Patent No. 6,092,080, issued July 18, 2000, for “Digital
`
`Library System” naming Samuel Gustman as inventor (the “’080 Patent”), a true
`
`and correct copy of which is attached hereto as Exhibit 3; United States Patent No.
`
`5,832,495, issued Nov. 3, 1998, for “Method and Apparatus for Cataloguing
`
`Multimedia Data” naming Samuel Gustman as inventor (the “’495 Patent”), a true
`
`and correct copy of which is attached hereto as Exhibit 4; United States Patent No.
`
`5,832,499, issued November 3, 1998, for “Digital Library System” naming Samuel '
`
`Gustman as inventor (the “’499 Patent”), a true and correct copy of which is
`
`attached hereto as Exhibit 5; United States Patent No. 6,212,527, issued April 3,
`
`2001, for “Method and Apparatus for Cataloguing Multimedia Data” naming
`
`Samuel Gustman as inventor (the “’527 Patent”), a true and correct copy of which
`
`is attached hereto as Exhibit 6; United States Patent No. 6,574,638, issued June 3,
`-1-
`
`LITIOC/2013285v2/019999-0000
`
`COMPLAINT
`
`

`
`Case 8:11-cv-01985-DOC-JPR Document 1 Filed 12/27/11 Page 3 of 50 Page ID #:3
`Case 8' 1-cv—01985—DOC-JPR Document1
`Filed 12/27/11 Page 3 of 50 Page ID #23
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`2003, for “Method and Apparatus for Cataloguing Multimedia Data Using
`
`Surveying Data” naming Samuel Gustman and Barbara DeLury as inventors (the
`
`“’638 Patent”), a true and correct copy of which is attached hereto as Exhibit 7;
`
`United States Patent No. 6,549,911, issued April 15, 2003, for “Method and
`
`Apparatus for Cataloguing Multimedia Data” naming Samuel Gustman as inventor
`
`(the “’911 Patent”), a true and correct copy of which is attached hereto as Exhibit
`
`8; and United States Patent No. 6,353,831, issued March 5, 2002, for “Digital
`
`Library System” naming Samuel Gustman as inventor (the ‘‘’831 Patent”), a true
`
`and correct copy of which is attached hereto as Exhibit 9. Collectively, the ’07l
`
`Patent, the ’0l4 Patent, the ’080 Patent, the ’495 Patent, the ’499 Patent, the ’527
`
`Patent, the ’638 Patent, the ’9l1 Patent and the ’83l Patent are referenced herein as
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`1 2 3 4 5 6 7 8 9
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`10
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`ll
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`12
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`the “Patents—in-Sui .”
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`2.
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`Preservation Technologies is the exclusive licensee and holder of all
`
`substantial rights and interest in and to the Patents—in—Suit.
`
`3.
`
`Hulu manufactures, provides, sells, offers for sale, imports and/or
`
`distributes infringing products and services; and/or induces others to use its
`
`products and services in an infringing manner; and/or contributes to the use of
`
`infringing products and services by others.
`
`4.
`
`Plaintiff Preservation Technologies seeks injunctive relief to prevent
`
`Hulu from continuing infringement of Plaintiff’ s valuable patent rights. Plaintiff
`
`Preservation Technologies further seeks monetary damages and prejudgment
`
`interest for Hulu’s past infringement of the Patents—in—Suit.
`
`25.
`
`This is an exceptional case, and Preservation Technologies is entitled
`
`to damages, enhanced damages, attorneys’ fees, costs and expenses.
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`STRADLING YOCCA
`CARLSON & RAUTH
`LAWYERS
`NEWPORT BEACH
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`LITIOC/2013285v2/019999-0000
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`-2-
`
`COMPLAINT
`
`

`
`Case 8:11-cv-01985-DOC-JPR Document 1 Filed 12/27/11 Page 4 of 50 Page ID #:4
`Case 8' j1—cv—01985—DOC-JPR Document 1
`Filed 12/27/11 Page 4 of 50 Page ID #:4
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`II. THE PARTIES
`
`T
`
`6.
`
`Plaintiff Preservation Technologies LLC is a Delaware limited
`
`liability company, having its principal place of business at 874 Walker Road, Suite
`
`C, Dover DE 19904.
`
`7.
`
`On information and belief, Hulu, LLC is a limited liability company
`
`organized and existing under the laws of the State of Delaware, with a place of
`
`business located at 12312 W. Olympic BlVd., Los Angeles, California 90064.
`
`Hulu can be served With process by serving its registered agent for service of
`
`process The Prentice—Hall Corporation System, Inc., 2711 Centerville Road Suite
`
`400, Wilmington, DE 19808.
`
`III. JURISDICTION AND VENUE
`
`8.
`
`This is an action for patent infringement which arises under the Patent
`
`Laws of the United States, in particular, 35 U.S.C. §§27l, 281, 283, 284 and 285.
`
`This Court has exclusive jurisdiction over the subject matter of this action under 28
`
`U.S.C. §§1331 and 1338(a).
`
`9.
`
`On information and belief, venue is proper in this district pursuant to
`
`28 U.S.C. §§ 1391(b), 1391(0), and 1400(b) because Defendant has transacted
`
`business in this district, and has committed and/or induced acts of patent
`
`infringement in this district.
`
`10. On information and belief, Defendant Hulu is subject to this Court’s
`
`specific and general personal jurisdiction pursuant to due process and/or the
`
`California Long Arm Statute, due at least to its substantial business in this forum,
`
`including: (i) at least a portion of the infringements alleged herein; and (ii)
`
`regularly doing or soliciting business, engaging in other persistent courses of
`
`conduct, and/or deriving substantial revenue from goods and services provided to
`
`individuals in California and in this Judicial District.
`
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`LAWYERS
`NEWPORT BEACH
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`LITIOC/2013285v2/019999-0000
`
`-3-
`
`COMPLAINT
`
`

`
`Case 8:11-cv-01985-DOC-JPR Document 1 Filed 12/27/11 Page 5 of 50 Page ID #:5
`Case 8' 1-cv—01985—DOC-JPR Document1
`Filed 12/27/11 Page 5 of 50 Page ID #25
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`_
`
`IV. BACKGROUND
`
`1 1.
`
`The USC Shoah Foundation developed the patented technology. Its
`
`impetus was to gather, catalog and make available for access thousands of video
`
`testimonies. In Januaiy 2006, the Survivors of the Shoah Visual History
`
`Foundation became part of the Dana and David Dornsife College of Letters, Arts
`
`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.
`
`12.
`
`Preservation Technologies has all substantial rights and interest to the
`
`Patents—in—Suit, including all rights to recover for all past and future infringements
`
`thereof.
`
`V. DEFENDANT’S ACTS
`
`13. Hulu manufactures, provides, sells, offers for sale and/or distributes
`
`infiringing systems. The infiinging Hulu systems and methods include, but are not
`
`limited to, systems and methods relating to the cataloguing, organizing, searching,
`
`rating, provisioning, and delivering digital multimedia data including but not
`
`limited to the foregoing services on Hulu.com, Hulu Plus, Hulu apps, and related
`
`products. Hulu provides related services, specifications and instructions for the
`
`installation and operation of such systems to its customers.
`
`VI. COUNT ONE
`
`DIRECT AND INDIRECT INFRINGEMENT OF
`
`U.S. PATENT NO. 6,581,071
`
`14.
`
`Preservation Technologies incorporates by reference its allegations in
`
`Paragraphs 1-13 as if fully restated in this paragraph.
`
`15.
`
`Preservation Technologies has all substantial rights and interest to the
`
`’071 Patent, including all rights to recover for all past and future infringements
`
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`LAWYERS
`NEWPORT BEACH
`
`LITIOC/2013285v2/019999-0000
`
`-4-
`
`COMPLAINT
`
`

`
`Case 8:11-cv-01985-DOC-JPR Document 1 Filed 12/27/11 Page 6 of 50 Page ID #:6
`Case 8' 1-cgv-01985—DOC—JPR Document1
`Filed 12/27/11 Page 6 of 50 Page ID #26
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`16.
`
`The ’07l Patent is valid and enforceable.
`
`17. On information and belief, Defendant Hulu, without permission of
`
`Preservation Technologies, has been and is presently infringing the ’07l 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 ’07l Patent. Defendant is thus liable for direct infringement of the
`
`’07l Patent pursuant to 35 U.S.C. § 27 1(a).
`
`18. On information and belief, at least since the filing of this Complaint,
`
`Defendant Hulu, without permission of Preservation Technologies, has been and is
`
`presently indirectly infringing the ’07l Patent, including actively inducing
`infringement ofthe ’071 Patent under 35 U.S.C. § 271(b) and contributing to
`
`infringement of the ’071 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 Hulu
`
`knew or should have known infringe one or more claims of the ’07l Patent.
`
`19. On information and belief Defendant, with knowledge of the ’07l
`
`Patent, provides instructions to its customers to use the accused instrumentalities in
`
`an infringing manner, and their customers do so.
`20. As a result of Defendant’s infringement ofthe ’07l 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.
`
`VII. COUNT TWO
`
`DIRECT AND INDIRECT INFRINGEMENT OF
`
`U.S. PATENT NO. 5,813,014
`
`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.
`-5-
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`COMPLAINT
`
`LITIOC/2013285v2/019999-0000
`
`

`
`Case 8:11-cv-01985-DOC-JPR Document 1 Filed 12/27/11 Page 7 of 50 Page ID #:7
`Case 8' 1—cv-01985-DOC-JPR Document 1
`Filed 12/27/11 Page 7 of 50 Page ID #27
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`22.
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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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`5
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`23.
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`The ‘014 Patent is Valid and enforceable.
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`24. On information and belief, Defendant Hulu, without permission of
`
`6 Preservation Technologies, has been and is presently infringing the ‘O14 Patent, as
`7
`infringement is defined by 35 U.S.C. § 27l(a), including through making, using,
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`8
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`9
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`10
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`11
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`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. § 271(a).
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`25. On information and belief, at least since the filing of this Complaint,
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`12 Defendant Hulu, without permission of Preservation Technologies, has been and is
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`13
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`presently indirectly infringing the ‘O14 Patent, including actively inducing
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`14
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`infringement of the ‘O14 Patent under 35 U.S.C. § 271(b) and contributing to
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`15
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`16
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`infringement of the ‘014 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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`17
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`knowingly inducing consumers to use infringing articles and methods that Hulu
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`18
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`19
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`knew or should have known infringe one or more claims of the ‘O14 Patent.
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`26. On information and belief, Defendant, with knowledge of the ‘O14
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`20 Patent, provides instructions to its customers to use the accused instrumentalities in
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`21
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`an infringing manner, and their customers do so.
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`22
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`27. As a result of Defendant’s infiingement of the ‘O14 Patent,
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`23 Preservation Technologies has suffered monetary damages that are adequate to
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`N—l>-
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`compensate them for the infringement under 35 U.S.C. § 284, but in no event less
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`25.
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`than a reasonable royalty.
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`STRADLING YOCCA
`CARLSON & RAUTH
`NEWPORT BEACH
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`LITIOC/2013285v2/019999-0000
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`_6_
`
`COMPLAINT
`
`

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`Case 8:11-cv-01985-DOC-JPR Document 1 Filed 12/27/11 Page 8 of 50 Page ID #:8
`Case 8: 1—cv—01985—DOC-JPR Document1
`Filed 12/27/11 Page 8 of 50 Page ID #28
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`VIII. COUNT THREE
`
`’
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`DIRECT AND INDIRECT INFRINGEMENT OF
`
`U.S. PATENT NO. 6,092,080
`
`I
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`28.
`
`Preservation Technologies incorporates by reference its allegations in
`
`Paragraphs 1-13 as if fully restated in this paragraph.
`
`29.
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`Preservation Technologies has all substantial rights and interest to the
`
`‘O80 Patent, including all rights to recover for all past and future infiingements
`
`thereof.
`
`30.
`
`The ‘O80 Patent is valid and enforceable.
`
`31. On information and belief, Defendant Hulu, without permission of
`
`Preservation Technologies, has been and is presently infringing the ‘O80 Patent, as
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`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 ‘O80 Patent. Defendant is thus liable for direct infringement of the
`
`‘O80 Patent pursuant to 35 U.S.C. § 271(a).
`
`32. On information and belief, at least since the filing of this Complaint,
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`Defendant Hulu, without permission of Preservation Technologies, has been and is
`
`presently indirectly infringing the ‘O80 Patent, including actively inducing
`
`infringement of the ‘O80 Patent under 35 U.S.C. § 27l(b) and contributing to
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`infringement of the ‘O80 Patent under 35 U.S.C. § 271(c). Such inducements
`
`include without limitation, with specific intent to encourage the infiingement,
`knowingly inducing consumers to use infringing articles and methods that Hulu
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`knew or should have known infringe one or more claims of the ‘O80 Patent.
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`33. On information and belief, Defendant, with knowledge of the ‘O80
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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 ‘O80 Patent,
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`Preservation Technologies has suffered monetary damages that are adequate to
`-7-
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`LITIOC/2013285v2/019999-0000
`
`COMPLAINT
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`NEWPORT BEACH
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`

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`Case 8:11-cv-01985-DOC-JPR Document 1 Filed 12/27/11 Page 9 of 50 Page ID #:9
`Case 8' 1-cv—01985—DOC-JPR Document1
`Filed 12/27/11 Page 9 of 50 Page ID #29
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`+C—D‘\OO0Q'O\U1-l>UJl\J1—‘
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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.
`
`IX. COUNT FOUR
`
`DIRECT AND INDIRECT INFRINGEMENT OF
`
`U.S. PATENT NO. 5,832,495
`
`35.
`
`Preservation Technologies incorporates by reference its allegations in
`
`Paragraphs 1-13 as if fully restated in this paragraph.
`
`36.
`
`Preservation Technologies has all substantial rights and interest to the
`
`‘495 Patent, including all rights to recover for all past and future infiingements
`
`):A ):l
`
`thereof.
`
`37.
`
`The ‘495 Patent is valid and enforceable.
`
`38. On information and belief Defendant Hulu, without permission of
`
`Preservation Technologies, has been and is presently infringing the ‘495 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 ‘495 Patent. Defendant is thus liable for direct infringement of the
`
`‘495 Patent pursuant to 35 U.S.C. § 27l(a).
`
`39. On information and beliefi at least since the filing of this Complaint,
`
`Defendant Hulu, without permission of Preservation Technologies, has been and is
`
`presently indirectly infringing the ‘495 Patent, including actively inducing
`
`infringement of the ‘495 Patent under 35 U.S.C. § 271(b) and contributing to
`
`infiingement of the ‘495 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 infiinging articles and methods that Hulu
`
`knew or should have known infringe one or more claims of the ‘495 Patent.
`
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`LITIOC/2013285v2/019999-0000
`
`-8-
`
`COMPLAINT
`
`

`
`Case 8:11-cv-01985-DOC-JPR Document 1 Filed 12/27/11 Page 10 of 50 Page ID #:10
`Case 8:11—cv—01985_-DOC-JPR Document 1
`Filed 12/27/11 Page 10 of 50 Page ID #210
`
`40. On information and belief Defendant, with knowledge of the ‘495
`
`Patent, provides instructions to its customers to use the accused instrumentalities in
`
`an infringing manner, and their customers do so.
`
`41. As a result of Defendant’s infiingernent of the ‘495 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. 5,832,499
`
`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
`
`‘499 Patent, including all rights to recover for all past and future infringements
`
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`
`44.
`
`The ‘499 Patent is valid and enforceable.
`
`45. On information and belief, Defendant Hulu, Without permission of
`
`Preservation Technologies, has been and is presently infringing the ‘499 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 ‘499 Patent. Defendant is thus liable for direct infringement of the
`
`‘499 Patent pursuant to 35 U.S.C. § 27l(a).
`
`46. On information and belief, at least since the filing of this Complaint,
`
`Defendant Hulu, Without permission of Preservation Technologies, has been and is
`
`presently indirectly infringing the ‘499 Patent, including actively inducing
`
`infringement of the ‘499 Patent under 35 U.S.C. § 27l(b) and contributing to
`
`infringement of the ‘499 Patent under 35 U.S.C. § 271(0). Such inducements
`-9-
`
`LITIOC/2013285v2/019999-0000
`
`COMPLAINT
`
`

`
`Case 8:11-cv-01985-DOC-JPR Document 1 Filed 12/27/11 Page 11 of 50 Page ID #:11
`Case 8:1 —cv—01985—DOC-JPR Document1
`Filed 12/27/11 Page 11 of 50 Page ID #211
`
`include Without limitation, with specific intent to encourage the infringement,
`
`knowingly inducing consumers to use infiinging articles and methods that Hulu
`
`knew or should have known infringe one or more claims of the ‘499 Patent.
`
`47. On information and belief, Defendant, with knowledge of the ‘499
`
`Patent, provides instructions to its customers to use the accused instrumentalities in
`
`an infringing manner, and their customers do so.
`
`48. As a result of Defendant’s infringement of the ‘499 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.
`
`XI. COUNT SIX
`
`DIRECT AND INDIRECT INFRINGEMENT OF
`
`U.S. PATENT NO. 6,212,527
`
`49.
`
`Preservation Technologies incorporates by reference its allegations in
`
`Paragraphs l—l3 as if fully restated in this paragraph.
`
`50.
`
`Preservation Technologies has all substantial rights and interest to the
`
`’527 Patent, including all rights to recover for all past and future infringements
`
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`LAWYERS
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`
`51.
`
`The ’527 Patent is valid and enforceable.
`
`52. On information and belief, Defendant Hulu, 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).
`
`53.
`
`On information and belief, at least since the filing of this Complaint,
`
`Defendant Hulu, without permission of Preservation Technologies, has been and is
`-1 0-
`
`LITIOC/20l3285v2/019999-0000
`
`COMPLAINT
`
`

`
`Case 8:11-cv-01985-DOC-JPR Document 1 Filed 12/27/11 Page 12 of 50 Page ID #:12
`Case 8:1 —cv—01985—DOC-JPR Document1
`Filed 12/27/11 Page 12 of 50 Page ID #212
`
`presently indirectly infringing the ’527 Patent, including actively inducing
`
`infringement of the ’527 Patent under 35 U.S.C. § 27l(b) and contributing to
`
`infiingement of the ’527 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 Hulu
`
`knew or should have known infringe one or more claims of the ’527 Patent.
`
`54.
`
`On information and belief, Defendant, with knowledge of the ’527
`
`Patent, provides instructions to its customers to/use the accused instrumentalities in
`
`an infringing manner, and their customers do so.
`
`55.
`
`As a result of Defendant’s infringement of the ’527 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.
`
`I XII. COUNT SEVEN
`
`DIRECT AND INDIRECT INFRINGEMENT OF
`
`U.S. PATENT N0. 6,574,638
`
`56.
`
`Preservation Technologies incorporates by reference its allegations in
`
`Paragraphs 1-13 as if fully restated in this paragraph.
`
`57.
`
`Preservation Technologies has all substantial rights and interest to the
`
`‘638 Patent, including all rights to recover for all past and future infringements
`
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`LAWYERS
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`
`58.
`
`The ‘638 Patent is valid and enforceable.
`
`5 9.
`
`On information and belief, Defendant Hulu, 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
`
`LITIOC/2013285v2/019999-0000
`
`-11-
`
`COMPLAINT
`
`

`
`Case 8:11-cv-01985-DOC-JPR Document 1 Filed 12/27/11 Page 13 of 50 Page ID #:13
`Case 8:11—cv—01985-DOC-JPR Document 1
`Filed 12/27/11 Page 13 of '50 Page ID #:13
`
`claims of the ‘638 Patent. Defendant is thus liable for direct infringement of the
`
`‘638 Patent pursuant to 35 U.S.C. § 27l(a).
`
`60. On information and belief, at least since the filing of this Complaint,
`
`Defendant Hulu, without permission of Preservation Technologies, has been and is
`
`presently indirectly infringing the ‘638 Patent, including actively inducing
`
`infringement of the ‘638 Patent under 35 U.S.C. § 27 l(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, H
`
`knowingly inducing consumers to use infiinging articles and methods that Hulu
`
`knew or should have known infringe one or more claims of the ‘638 Patent.
`
`61. On information and belief, Defendant, with knowledge of the ‘638
`
`Patent, provides instructions to its customers to use the accused instrumentalities in
`
`an infringing manner, and their customers do so.
`
`62. 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.
`
`XIII. COUNT EIGHT
`
`DIRECT AND INDIRECT INFRINGEMENT OF
`
`U.S. PATENT NO. 6,549,911
`
`63.
`
`Preservation Technologies incorporates by reference its allegations in
`
`Paragraphs 1-13 as if fully restated in this paragraph.
`
`64.
`
`Preservation Technologies has all substantial rights and interest to the
`
`‘9ll Patent, including all rights to recover for all past and future infringements
`thereof.
`'
`
`65.
`
`The ‘91l Patent is valid and enforceable.
`
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`STRADLING YOCCA
`CARLSON & RAUTH
`LA\VY!:‘.RS
`NEWPORT BEACH
`
`LITIOC/2013285v2/019999-0000
`
`-12-
`
`COMPLAINT
`
`

`
`Case 8:11-cv-01985-DOC-JPR Document 1 Filed 12/27/11 Page 14 of 50 Page ID #:14
`Case 8: 1—cv-01985-DOC-JPR Document 1
`Filed 12/27/11 Page 14 of 50 Page ID #214
`
`1
`
`66. On information and belief, Defendant Hulu, without permission of
`
`2 Preservation Technologies, has been and is presently infringing the ‘911 Patent, as
`
`3
`
`4
`
`5
`
`6
`
`7
`
`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 ‘911 Patent. Defendant is thus liable for direct infiingement of the
`
`‘911 Patent pursuant to 35 U.S.C. § 271(a).
`
`67. On information and belief, at least since the filing of this Complaint,
`
`8 Defendant Hulu, without permission of Preservation Technologies, has been and is
`
`9 presently indirectly infringing the ‘911 Patent, including actively inducing
`
`10
`11
`
`12
`
`13
`
`14
`
`infiingement of the ‘9ll 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 infiinging articles and methods that Hulu
`
`knew or should have known infringe one or more claims of the ‘911 Patent.
`
`15
`68. On information and belief, Defendant, with knowledge of the ‘911
`16 Patent, provides instructions to its customers to use the accused instrumentalities in
`
`17
`
`18
`
`an infringing manner, and their customers do so.
`
`69. As a result of Defendant’s infringement of the ‘9ll Patent,
`
`19 Preservation Technologies has suffered monetary damages that are adequate to
`
`20
`
`compensate them for the infringement under 35 U.S.C. § 284, but in no event less
`
`21
`
`than a reasonable royalty.
`
`22
`
`23
`
`24
`
`25
`
`26
`
`XIV. COUNT NINE
`
`DIRECT AND INDIRECT INFRINGEMENT OF
`
`U.S. PATENT NO. 6,353,831
`
`70.
`
`Preservation Technologies incorporates by reference its allegations in
`
`27 Paragraphs 1-13 as if fully restated in this paragraph.
`
`28
`
`Eiiiiggfjgfijfiifiit
`
`N2\vro11'r BEACH
`
`LITIOC/2013285V2/019999-0000
`
`mg:-MNT
`
`

`
`Case 8:11-cv-01985-DOC-JPR Document 1 Filed 12/27/11 Page 15 of 50 Page ID #:15
`Case 8:1 -cv—01985—DOC-JPR Document 1
`Filed 12/27/11 Page 15 of 50 ‘Page ID #215
`
`71.
`
`Preservation Technologies has all substantial rights and interest to the
`
`‘831 Patent, including all rights to recover for all past and future infringements
`
`thereof.
`
`1
`
`72.
`
`The ‘831 Patent is valid and enforceable.
`
`_
`
`73. On information and belief Defendant Hulu, without permission of
`
`1 2 3 4
`
`5
`
`6 Preservation Technologies, has been and is presently infringing the ‘831 Patent, as
`
`7
`
`8
`
`9
`
`10
`
`11
`
`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 ‘831 Patent. Defendant is thus liable for direct infringement of the
`
`‘831 Patent pursuant to 35 U.S.C. § 271(a).
`
`74. On information and belief, at least since the filing of this Complaint,
`
`12 Defendant Hulu, without permission of Preservation Technologies, has been and is
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`presently indirectly infringing the ‘ 831 Patent, including actively inducing
`
`infringement of the ‘831 Patent under 35 U.S.C. § 271(b) and contributing to
`
`infringement of the ‘831 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 Hulu
`
`knew or should have known infringe one or more claims of the ‘E331 Patent.
`
`75. On information and belief, Defendant, with knowledge of the ‘831
`
`20 Patent, provides instructions to its customers to use the accused instrumentalities in
`
`21
`
`an infringing manner, and their customers do so.
`
`22
`
`76. As a result of Defendant’s infiingement of the ‘831 Patent,
`
`23 Preservation Technologies has suffered monetary damages that are adequate to
`
`24
`
`compensate them for the infringement under 35 U.S.C. § 284, but in no event less
`
`25
`
`than a reasonable royalty.
`
`26
`
`27
`
`28
`
`STRADLING YOCCA
`CARLSON & RAUTH
`NEWPORT BEACH
`
`LITIOC/2013285V2/019999-0000
`
`-14-
`
`.
`
`COMPLAINT
`
`

`
`Case 8:11-cv-01985-DOC-JPR Document 1 Filed 12/27/11 Page 16 of 50 Page ID #:16
`Case 8:1 —cv-01985—DOC-JPR, Document 1
`Filed 12/27/11 Page 16 of 50 Page ID #216
`
`XV. JURY DEMAND
`
`V
`
`‘77.
`
`Plaintiff Preservation Technologies hereby demands a jury on all
`
`issues so triable.
`
`XVI. REQUEST FOR RELIEF
`
`WHEREFORE, 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
`
`1
`
`2
`
`3
`
`4 5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12 Defendant, from engaging in acts of infringement of the Patents-in—Suit;
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`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 t