Case5:14-cv-04561-EJD Document1 Filed10/13/14 Page1 of 7
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`J. DAVID HADDEN (CSB No. 176148)
`dhadden@fenwick.com
`SAINA S. SHAMILOV (CSB No. 215636)
`sshamilov@fenwick.com
`CAROLYN CHANG (CSB No. 217933)
`cchang@fenwick.com
`RAVI R. RANGANATH (CSB No. 272981)
`rranganath@fenwick.com
`FENWICK & WEST LLP
`Silicon Valley Center, 801 California Street
`Mountain View, CA 94041
`Telephone: 650.988.8500
`Facsimile: 650.938.5200
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`Attorneys for Plaintiff
`AMAZON.COM, INC.
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`UNITED STATES DISTRICT COURT
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`NORTHERN DISTRICT OF CALIFORNIA
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`SAN FRANCISCO DIVISION
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`AMAZON.COM, INC.,
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`Case No. 14-4561
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`v.
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`STRAIGHT PATH IP GROUP, INC.,
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`Defendant.
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`Plaintiff,
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`DECLARATORY JUDGMENT
`COMPLAINT
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`DEMAND FOR JURY TRIAL
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`Plaintiff Amazon.com, Inc. (“Amazon”) brings this action against Defendant Straight Path
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`IP Group, Inc. (“Straight Path”) and alleges as follows:
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`NATURE OF THE ACTION
`1. This is a civil action seeking a declaratory judgment of non-infringement under 28
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`U.S. C. §§ 2201 and 2202.
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`PARTIES
`2. Plaintiff Amazon is a corporation organized and existing under the laws of the state of
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`Delaware, with a principal place of business at 410 Terry Avenue North, Seattle, Washington
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`98109-5210.
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`DECLARATORY JUDGMENT COMPLAINT
`CASE NO. 14-4561
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`3. On information and belief, Straight Path is a Delaware corporation with its principal
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`place of business at 5300 Hickory Park Drive, Suite 218, Glen Allen, Virginia 23059.
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`JURISDICTION
`4. This action arises under the Patent Laws of the United States, Title 35 of the United
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`States Code, Sections 101 et seq., and the Federal Declaratory Judgment Act, 28 U.S.C. §§ 2201
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`and 2202. An actual, substantial, and continuing justiciable controversy exists between Amazon
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`and Straight Path. This Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331 and
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`1338.
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`5. This Court has personal jurisdiction over Straight Path by virtue of, inter alia, its fil-
`ing and pursuit of currently-pending patent litigation in this district.
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`VENUE
`6. Venue is proper in this district pursuant to 28 U.S.C. § 1391 because Straight Path is
`subject to personal jurisdiction in this district.
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`INTRADISTRICT ASSIGNMENT
`7. Pursuant to Civil L.R. 3-2(c), divisional assignment is unnecessary because this is an
`intellectual property action.
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`GENERAL ALLEGATIONS
`8. Straight Path purports to be the owner of U.S. Patent No. 6,009,469 (the “’469 pa-
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`tent”), entitled “Graphical User Interface for Internet Telephony Application,” a copy of which is
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`attached as Exhibit A.
`9. Straight Path purports to be the owner of U.S. Patent No. 6,108,704 (the “’704 pa-
`tent”), entitled “Point-to-Point Protocol,” a copy of which is attached as Exhibit B.
`10. Straight Path purports to be the owner of U.S. Patent No. 6,131,121 (the “’121 pa-
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`tent”), entitled “Point-to-Point Computer Network Communication Utility Utilizing Dynamically
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`Assigned Network Protocol Addresses,” a copy of which is attached as Exhibit C.
`11. Straight Path has initiated several patent infringement actions alleging that numerous
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`entities are making, using, selling, offering to sell, and/or importing products that allegedly in-
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`fringe one or more claims of the ’469, ’704, and ’121 patents.
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`DECLARATORY JUDGMENT COMPLAINT
`CASE NO. 14-4561
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`12. Straight Path has initiated several patent infringement actions in this district, includ-
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`ing an action against Apple Inc. (Case No. 3:14-cv-4302) alleging infringement of the ’704 and
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`’121 patents; an action against Avaya Inc. (Case No. 3:14-cv-4309) alleging infringement of the
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`’469, ’704, and ’121 patents; and an action against Cisco Systems, Inc. (Case No. 3:14-cv-4312)
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`alleging infringement of the ’469, ’704, and ’121 patents.
`13. Straight Path has also initiated several patent infringement actions in the Eastern Dis-
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`trict of Virginia, including Case No. 1:13-cv-934 AJT/IDD, which includes allegations that LG
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`Electronics, Inc., LG Electronics USA, Inc., LG Electronics MobileComm U.S.A., Inc. (collec-
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`tively “LGE”), Toshiba Corporation, Toshiba America, Inc., Toshiba America Information Sys-
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`tems, Inc. (collectively “Toshiba”), and VIZIO, Inc. (“VIZIO”) infringe one or more claims of the
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`’469, ’704, and ’121 patents.
`14. Straight Path has subpoenaed Amazon in Case No. 1:12-cv-934 AJT/IDD in the East-
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`ern District of Virginia, seeking documents relating to Amazon’s relationship with LGE, VIZIO,
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`and Toshiba and the inclusion of the Amazon Instant Video software application in devices pro-
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`vided by these entities.
`15. On information and belief, Straight Path asserts that LGE directly and/or indirectly
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`infringes one or more claims of the ’469, ’704, and ’121 patents by making, using, selling, offer-
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`ing for sale, or importing devices that include the Amazon Instant Video software application.
`16. Pursuant to a written agreement between Amazon and LGE, LGE has requested that
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`Amazon defend, indemnify, and hold harmless LGE against Straight Path’s claims of infringe-
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`ment relating to the Amazon Instant Video service and software application.
`17. On information and belief, Straight Path asserts or intends to assert that VIZIO direct-
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`ly and/or indirectly infringes one or more claims of the ’469, ’704, and ’121 patents by making,
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`using, selling, offering for sale, or importing devices that include the Amazon Instant Video soft-
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`ware application.
`18. Pursuant to written agreements between Amazon and VIZIO, VIZIO has requested
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`that Amazon defend and indemnify VIZIO against Straight Path’s claims of infringement relating
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`to the Amazon Instant Video service and software application.
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`DECLARATORY JUDGMENT COMPLAINT
`CASE NO. 14-4561
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`19. On information and belief, Straight Path intends to assert that Toshiba directly and/or
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`indirectly infringes or infringed one or more claims of the ’469, ’704, and ’121 patents by mak-
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`ing, using, selling, offering for sale, or importing devices that include the Amazon Instant Video
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`software application.
`20. Straight Path has also initiated several patent infringement actions in the Eastern Dis-
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`trict of Texas, including Case No. 13-cv-606 (now consolidated with lead case 13-cv-604), which
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`includes allegations that Samsung Electronics Co., Ltd., Samsung Electronics America, Inc., and
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`Samsung Telecommunications America, LLC (collectively “Samsung”) infringe one or more
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`claims of the ’469, ’704, and ’121 patents.
`21. Samsung includes the Amazon Instant Video software application in certain devices
`made, used, sold, offered for sale, sold, or imported by Samsung.
`22. Amazon has a direct and substantial interest in defeating any claims relating to the
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`Amazon Instant Video service and software application and the alleged infringement of the ’469,
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`’704, and ’121 patents.
`23. Amazon denies that any of its technology, including the Amazon Instant Video ser-
`vice and software application, infringes any claim of the ’469, ’704, and ’121 patents.
`24. There is an actual, substantial, and continuing justiciable controversy between Ama-
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`zon and Straight Path. Amazon and Straight Path have adverse legal interests of sufficient imme-
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`diacy and reality to warrant the issuance of a declaratory judgment regarding non-infringement of
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`the ’469, ’704, and ’121 patents.
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`FIRST CLAIM – DECLARATION OF NON-INFRINGEMENT (’469 PATENT)
`25. Amazon restates and incorporates by reference each of the allegations set forth in
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`paragraphs 1 through 24 above.
`26. Straight Path has alleged that certain devices that include the Amazon Instant Video
`software application infringe one or more claims of the ’469 patent.
`27. Amazon has not and does not make, use, sell, offer for sale, or import any product or
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`technology, including its Amazon Instant Video service and software application, that infringes or
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`contributes to any infringement of any claim of the ’469 patent either literally or under the doc-
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`DECLARATORY JUDGMENT COMPLAINT
`CASE NO. 14-4561
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`trine of equivalents. Amazon further has not and does not induce any infringement of any claim
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`of the ’469 patent.
`28. An actual and justiciable controversy exists between Amazon and Straight Path as to
`Amazon’s non-infringement of the ’469 patent.
`29. Pursuant to the Federal Declaratory Judgment Act, 28 U.S.C. §§ 2201, et seq., Ama-
`zon seeks a declaration that it does not infringe any claim of the ’469 patent.
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`SECOND CLAIM – DECLARATION OF NON-INFRINGEMENT (’704 PATENT)
`30. Amazon restates and incorporates by reference each of the allegations set forth in
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`paragraphs 1 through 24 above.
`31. Straight Path has alleged that certain devices that include the Amazon Instant Video
`software application infringe one or more claims of the ’704 patent.
`32. Amazon has not and does not make, use, sell, offer for sale, or import any product or
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`technology, including its Amazon Instant Video service and software application, that infringes or
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`contributes to any infringement of any claim of the ’704 patent either literally or under the doc-
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`trine of equivalents. Amazon further has not and does not induce any infringement of any claim
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`of the ’704 patent.
`33. An actual and justiciable controversy exists between Amazon and Straight Path as to
`Amazon’s non-infringement of the ’704 patent.
`34. Pursuant to the Federal Declaratory Judgment Act, 28 U.S.C. §§ 2201, et seq., Ama-
`zon seeks a declaration that it does not infringe any claim of the ’704 patent.
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`THIRD CLAIM – DECLARATION OF NON-INFRINGEMENT (’121 PATENT)
`35. Amazon restates and incorporates by reference each of the allegations set forth in
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`paragraphs 1 through 24above.
`36. Straight Path has alleged that certain devices that include the Amazon Instant Video
`software application infringe one or more claims of the ’121 patent.
`37. Amazon has not and does not make, use, sell, offer for sale, or import any product or
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`technology, including its Amazon Instant Video service and software application, that infringes or
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`contributes to any infringement of any claim of the ’121 patent either literally or under the doc-
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`DECLARATORY JUDGMENT COMPLAINT
`CASE NO. 14-4561
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`Case5:14-cv-04561-EJD Document1 Filed10/13/14 Page6 of 7
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`trine of equivalents. Amazon further has not and does not induce any infringement of any claim
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`of the ’121 patent.
`38. An actual and justiciable controversy exists between Amazon and Straight Path as to
`Amazon’s non-infringement of the ’121 patent.
`39. Pursuant to the Federal Declaratory Judgment Act, 28 U.S.C. §§ 2201, et seq., Ama-
`zon seeks a declaration that it does not infringe any claim of the ’121 patent.
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`PRAYER FOR RELIEF
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`WHEREFORE, Amazon respectfully requests judgment in its favor and against Straight
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`Path as follows:
`A. A declaration that Amazon has not and does not infringe, either directly or indirectly,
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`any claim of the patents-in-suit;
`B. An injunction against Straight Path, and all persons acting on its behalf or in concert
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`with it, restraining them from further prosecuting or instituting any action alleging that any Ama-
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`zon method, product, or technology, or others’ use thereof, infringes any claim of any of the pa-
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`tents-in-suit;
`C. A declaration that this case is exceptional and that Amazon is entitled to an award of
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`reasonable attorneys’ fees pursuant to 35 U.S.C. § 285; and
`D. Any such other and further relief as the Court may deem just and fair.
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`Dated: October 13, 2014
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`FENWICK & WEST LLP
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`/s/ J. David Hadden
`J. David Hadden
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`Attorneys for Plaintiff
`AMAZON.COM, INC.
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`By:
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`DECLARATORY JUDGMENT COMPLAINT
`CASE NO. 14-4561
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`Case5:14-cv-04561-EJD Document1 Filed10/13/14 Page7 of 7
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`DEMAND FOR JURY TRIAL
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`Pursuant to Federal Rule of Civil Procedure 38, Amazon demands a jury trial on all issues
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`FENWICK & WEST LLP
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`By:
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`/s/ J. David Hadden
`J. David Hadden
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`Attorneys for Plaintiff
`AMAZON.COM, INC.
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`so triable in this complaint.
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`Dated: October 13, 2014
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`DECLARATORY JUDGMENT COMPLAINT
`CASE NO. 14-4561
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