Case 4:16-cv-01730-YGR Document 49-8 Filed 05/09/16 Page 1 of 9
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`Exhibit G
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`Case 4:16-cv-01730-YGR Document 49-8 Filed 05/09/16 Page 2 of 9
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`UNITED STATES DISTRICT COURT
` FOR THE DISTRICT OF MASSACHUSETTS
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`FACEBOOK, INC,
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`Plaintiff,
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`C.A. No.
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`v.
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`PHOENIX MEDIA/COMMUNICATIONS
`GROUP, INC., PEOPLE2PEOPLE GROUP,
`INC., TELE-PUBLISHING, INC., AND FNX
`BROADCASTING LLC,
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`
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`JURY TRIAL DEMANDED
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`Defendants.
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`
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`COMPLAINT FOR PATENT INFRINGEMENT
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`Plaintiff Facebook, Inc. (“Facebook”) alleges as follows:
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`1.
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`This is an action for infringement under the patent laws of the United States, 35
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`U.S.C. §§ 1 et seq. This action is related to Tele-Publishing, Inc. v. Facebook, Inc. and
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`TheFacebook, LLC, C.A. No. 1:09-11686-DPW (D. Mass.), in which Facebook is being sued for
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`alleged patent infringement by Tele-Publishing, Inc. (“TPI”). Pursuant to the Honorable
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`Douglas P. Woodlock’s oral order on October 7, 2010, Facebook is filing its patent
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`counterclaims against TPI (and its affiliates as named herein) in a separate complaint rather than
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`as counterclaims to the pending TPI suit. Facebook will seek to have this action assigned to
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`Judge Woodlock pursuant to his October 7 order and consolidated with the pending TPI action.
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`PARTIES
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`2.
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`Facebook is a Delaware corporation with its principal place of business at 1601 S.
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`California Avenue, Palo Alto, California 94304.
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`Case 4:16-cv-01730-YGR Document 49-8 Filed 05/09/16 Page 3 of 9
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`3.
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`On information and belief, Defendants Phoenix Media/Communications Group,
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`Inc., (“PMC”) People2People Group, Inc. (“P2P”), TPI, and FNX Broadcasting LLC (“FNX”)
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`(collectively, “Defendants”) are Massachusetts corporations with a principal place of business at
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`126 Brookline Avenue, Boston, Massachusetts 02215, and doing business in this jurisdiction and
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`elsewhere in Massachusetts and the United States.
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`4.
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`On information and belief, Defendants are among a group of affiliated companies
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`that are commonly owned and controlled. Facebook reserves the right to amend this Complaint
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`to name additional affiliated entities should discovery reveal that they should be named.
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`JURISDICTION AND VENUE
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`5.
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`This Court has federal subject matter jurisdiction over this action pursuant to 28
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`U.S.C. §§ 1331 and 1338(a) because it arises under the patent laws of the United States (Title 35
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`of the United States Code).
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`6.
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`This Court has personal jurisdiction over Defendants because they are
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`Massachusetts corporations, do business in this District, and have committed the acts of
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`infringement complained of herein in this District and elsewhere. Venue is appropriate in this
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`District pursuant to 28 U.S.C. §§ 1391(b), (c) and 1400(b).
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`COUNT ONE
`(Infringement of U.S. Patent No. 6,199,157)
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`7.
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`8.
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`Facebook incorporates by reference paragraphs 1-6 as if fully set forth herein.
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`Facebook is the owner by assignment of United States Patent No. 6,199,157 (“the
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`’157 patent”), entitled “System, Method and Medium for Managing Information,” issued by the
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`United States Patent and Trademark Office on March 6, 2001. A true and correct copy of the
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`’157 patent is attached as Exhibit A.
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`Case 4:16-cv-01730-YGR Document 49-8 Filed 05/09/16 Page 4 of 9
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`9.
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`On information and belief, Defendant PMC infringes and has infringed one or
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`more claims of the ’157 patent by, for example, providing a computer-implemented method for
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`configuring an item, wherein said item comprises two or more optional components, comprising
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`the steps of: (1) creating two or more options, wherein said two or more options correspond to
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`said two or more optional components; (2) associating attributes with each of said two or more
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`options, wherein said attributes relate to characteristics of said two or more components; (3)
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`creating, from said two or more options, a hierarchical option tree; (4) selecting one or more
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`options from said option tree; (5) implementing, responsive to said step (4), at least one attribute
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`corresponding to said one or more selected options, and placing said at least one attribute into an
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`instance creation file; and (6) accessing and utilizing said instance creation file during the
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`operation of said item, for example, through the “Band Guide,” “Events” search, and “Find
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`Restaurants”
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`features available on PMC’s website, http://thephoenix.com
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`(e.g., at
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`http://bandguide.thephoenix.com/resources.aspx, http://thephoenix.com/Boston/Events/Search/,
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`and http://thephoenix.com/Boston/Food/).
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`10.
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`On information and belief, Defendant PMC, infringes and has infringed one or
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`more claims of the ’157 patent by, for example, providing a computer-implemented method for
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`configuring an item, wherein said item comprises two or more optional components, comprising
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`the steps of: (1) creating two or more options, wherein said two or more options correspond to
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`said two or more optional components; (2) associating attributes with each of said two or more
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`options, wherein said attributes relate to characteristics of said two or more components; (3)
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`creating, from said two or more options, a hierarchical option tree; (4) selecting one or more
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`options from said option tree; (5) implementing, responsive to said step (4), at least one attribute
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`corresponding to said one or more selected options, and placing said at least one attribute into an
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`Case 4:16-cv-01730-YGR Document 49-8 Filed 05/09/16 Page 5 of 9
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`instance creation file; and (6) accessing and utilizing said instance creation file during the
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`operation of said item, for example, through the “Advanced Search” feature accessible from
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`http://thephoenix.com/, provided by PMC through http://thephoenix.loveaccess.com/, and
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`through the “Advanced Movie Search” feature accessible from http://thephoenix.com/adult/
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`blogs/adult/pages/video.aspx, provided by PMC through http://theater.aebn.net.
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`11.
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`On information and belief, Defendants P2P and TPI, infringe and have infringed
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`one or more claims of the ’157 patent by, for example, providing a computer-implemented
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`method for configuring an item, wherein said item comprises two or more optional components,
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`comprising the steps of: (1) creating two or more options, wherein said two or more options
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`correspond to said two or more optional components; (2) associating attributes with each of said
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`two or more options, wherein said attributes relate to characteristics of said two or more
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`components; (3) creating, from said two or more options, a hierarchical option tree; (4) selecting
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`one or more options from said option tree; (5) implementing, responsive to said step (4), at least
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`one attribute corresponding to said one or more selected options, and placing said at least one
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`attribute into an instance creation file; and (6) accessing and utilizing said instance creation file
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`during the operation of said item, for example, through the “Advanced Search” feature provided
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`by P2P and TPI through http://people2people.loveaccess.com/login.htm, previously accessible
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`from http://www.people2people.com.
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`12.
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`On information and belief, each Defendant directly infringes the ’157 patent
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`because it makes, uses, and/or sells services that meet each limitation of at least one claim. To
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`the extent elements of any claim are performed by non-parties LifeAccess.com, Inc. d/b/a
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`LoveAccess.com and AEBN (Adult Entertainment Broadcasting Network), Defendants
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`nonetheless directly infringe because they use and sell the entire infringing method, and
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`Case 4:16-cv-01730-YGR Document 49-8 Filed 05/09/16 Page 6 of 9
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`alternatively, because they control or direct the infringing actions of LoveAccess.com and
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`AEBN, who provide the infringing features on Defendants’ behalf.
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`13.
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`On information and belief Defendants’ infringement is willful with full
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`knowledge of the ’157 patent since no later than June 21, 2010.
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`14.
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`Facebook has been and will continue to be damaged and irreparably harmed by
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`Defendants’ infringement, which will continue unless Defendants are enjoined by this Court.
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`COUNT TWO
`(Infringement of U.S. Patent No. 6,314,458)
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`15.
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`16.
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`Facebook incorporates by reference paragraphs 1-6 as if fully set forth herein.
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`Facebook is the owner by assignment of United States Patent No. 6,314,458 (“the
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`’458 patent”), entitled “Apparatus and Method for Communication Between Multiple Browsers,”
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`issued by the United States Patent and Trademark Office on November 6, 2001, based on an
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`application filed on March 31, 2000. A true and correct copy of the ’458 patent is attached as
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`Exhibit B.
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`17.
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`On information and belief, Defendant FNX infringes and has infringed one or
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`more claims of the ’458 patent by, for example, providing a method for providing flexible
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`communications of data modification of network resources between a plurality of browsers, the
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`method comprising the steps of: receiving a request for service from one of the plurality of
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`browsers; performing the request for service; generating a database change notice if database
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`data accessible to the plurality of browsers was modified while performing the request for
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`service; and transmitting the database change notice to a security server for retransmission to the
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`plurality of browsers, for example, through the “FNX Radio Network Music Player” available on
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`FNX’s website, http://fnxradio.com/player/new/.
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`Case 4:16-cv-01730-YGR Document 49-8 Filed 05/09/16 Page 7 of 9
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`18.
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`On information and belief, Defendant PMC, infringes and has infringed one or
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`more claims of the ’458 patent by, for example, providing a method for providing flexible
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`communications of data modification of network resources between a plurality of browsers, the
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`method comprising the steps of: receiving a request for service from one of the plurality of
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`browsers; performing the request for service; generating a database change notice if database
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`data accessible to the plurality of browsers was modified while performing the request for
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`service; and transmitting the database change notice to a security server for retransmission to the
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`plurality of browsers, for example, through “Buddy List” and “Video Chat Rooms” features
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`accessible
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`from
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`http://thephoenix.com/,
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`provided
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`by
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`PMC
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`through
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`http://thephoenix.loveaccess.com/.
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`19.
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`On information and belief, Defendants P2P and TPI, infringe and have infringed
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`one or more claims of the ’458 patent by, for example, providing a method for providing flexible
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`communications of data modification of network resources between a plurality of browsers, the
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`method comprising the steps of: receiving a request for service from one of the plurality of
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`browsers; performing the request for service; generating a database change notice if database
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`data accessible to the plurality of browsers was modified while performing the request for
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`service; and transmitting the database change notice to a security server for retransmission to the
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`plurality of browsers, for example, through the “Buddy List” and “Video Chat Rooms” features
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`provided by P2P and TPI through http://people2people.loveaccess.com/login.htm, previously
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`accessible from http://www.people2people.com.
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`20.
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`On information and belief, each Defendant directly infringes the ’458 patent
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`because it makes, uses, and/or sells services that meet each limitation of at least one claim. To
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`the extent elements of any claim are performed by non-party LifeAccess.com, Inc. d/b/a
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`Case 4:16-cv-01730-YGR Document 49-8 Filed 05/09/16 Page 8 of 9
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`LoveAccess.com, Defendants nonetheless directly infringe because they use and sell the entire
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`infringing method, and alternatively, because
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`they control or direct
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`the actions of
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`LoveAccess.com, who provide the infringing features on Defendants’ behalf.
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`21.
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`On information and belief Defendants’ infringement is willful with full
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`knowledge of the ’458 patent since no later than June 21, 2010.
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`22.
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`Facebook has been and will continue to be damaged and irreparably harmed by
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`Defendants’ infringement, which will continue unless Defendants are enjoined by this Court.
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`PRAYER FOR RELIEF
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`WHEREFORE, Facebook requests that this Court enter:
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`1.
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`A judgment in favor of Facebook that the Defendants infringe the ’157 and ’458
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`patents.
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`2.
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`A permanent injunction enjoining Defendants from further infringing the ’157 and
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`’458 patents.
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`3.
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`An award of damages according to proof at trial under 35 U.S.C. § 284 together
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`with pre-judgment and post-judgment interest on those damages and any supplemental damages
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`for any continuing post-verdict infringement up until entry of the final judgment with an
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`accounting, as needed, and a judgment that the damages so adjudged be trebled pursuant to 35
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`U.S.C. § 284 in light of Defendants’ deliberate and willful infringement.
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`4.
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`A judgment that this is an exceptional case and that Facebook be awarded its
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`attorneys’ fees, costs, and expenses incurred in this action pursuant to 35 U.S.C. § 285.
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`5.
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`Such other relief as this Court deems just and appropriate.
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`JURY DEMAND
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`Facebook respectfully requests a jury trial on all issues triable thereby.
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`Case 4:16-cv-01730-YGR Document 49-8 Filed 05/09/16 Page 9 of 9
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` Dated: November 8, 2010
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`By: /s/ Donald K. Stern
`
`Donald K. Stern
`Donald K. Stern (BBO No. 479420)
`dstern@cooley.com
`COOLEY LLP
`500 Boylston Street
`Boston, MA 02116
`Telephone: (617) 937-2300; Facsimile: (617) 937-2400
`
`OF COUNSEL:
`Heidi L. Keefe
`hkeefe@cooley.com
`Mark R. Weinstein
`mweinstein@cooley.com
`Reuben H. Chen
`rchen@cooley.com
`Adam M. Pivovar
`apivovar@cooley.com
`Daniel J. Knauss
`dknauss@cooley.com
`COOLEY LLP
`3175 Hanover Street
`Palo Alto, CA 94304-1130
`Telephone: (650) 843-5000; Facsimile: (650) 857-0663
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