Case 3:21-cv-09773-JD Document 33-8 Filed 03/28/22 Page 1 of 9
`Case 3:21-cv-09773-JD Document 33-8 Filed 03/28/22 Page 1 of 9
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`EXHIBIT 19
`EXHIBIT 19
`
`

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`Case 3:21-cv-09773-JD Document 33-8 Filed 03/28/22 Page 2 of 9
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`
`
`ALVERSON, TAYLOR,
`
`MORTENSEN & SANDERS
`KURT R. BONDS, ESQ.
`Nevada Bar No. 6228
`ADAM R. KNECHT, ESQ.
`Nevada Bar No. 13166
`7401 W. Charleston Boulevard
`Las Vegas, NV 89117
`(702) 384-7000
`efile@alversontaylor.com
`Attorneys for Plaintiff
`
`
`UNITED STATES DISTRICT COURT
`
`DISTRICT OF NEVADA
`
`* * *
`
`
`VOIP-PAL.COM, INC., a Nevada corporation,
`
`
`
`v.
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`TWITTER, INC., a California corporation,
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`
`
`
`
`Plaintiff,
`
`Defendant.
`
`
`
`CASE NO.: 2:16-cv-2338
`
`
`
`COMPLAINT FOR PATENT
`INFRINGEMENT
`
`[JURY DEMAND]
`
`Plaintiff, Voip-Pal.com, Inc.’s (“VPLM”) Complaint against Defendant Twitter, Inc.,
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`(“Twitter”), alleges infringement of U.S. Patent No. 8,542,815 (the “‘815 patent”), and its
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`continuation patent, U.S. Patent No. 9,179,005 (the “‘005 patent”). VPLM further complains and
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`alleges as follows:
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`THE NATURE OF THE ACTION
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`1.
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`VPLM is a leader in Voice-over-Internet Protocol (“VoIP”) technology and owns a
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`portfolio of VoIP-related patents and patent applications.
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`2.
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`On September 24, 2013, the ‘815 patent entitled “Producing Routing Messages for
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`Voice Over IP Communications” was duly and legally issued with Clay Perreault, Steve Nicholson,
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`Rod Thomson, Johan Emil Viktor Bjorsell, and Faud Arafa as the named inventors after full and fair
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`
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`1
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`KB/24171
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`ALVERSON, TAYLOR, MORTENSEN & SANDERS
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`LAWYERS
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`7401 WEST CHARLESTON BOULEVARD
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`LAS VEGAS, NEVADA 89117-1401
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`(702) 384-7000
`
`

`

`Case 3:21-cv-09773-JD Document 33-8 Filed 03/28/22 Page 3 of 9
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`examination. VPLM is the owner of all rights, title, and interest in and to the ‘815 patent and
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`possesses all rights of recovery under the ‘815 patent. A copy of the ‘815 patent is attached as
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`Exhibit A.
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`3.
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`On November 3, 2015, the ‘005 patent entitled “Producing Routing Messages for
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`Voice Over IP Communications” was duly and legally issued with Clay Perreault, Steve Nicholson,
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`Rod Thomson, Johan Emil Viktor Bjorsell, and Faud Arafa as the named inventors after full and fair
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`examination. VPLM is the owner of all rights, title, and interest in and to the ‘005 patent and
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`possesses all rights of recovery under the ‘005 patent. A copy of the ‘005 patent is attached as
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`Exhibit B.
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`4.
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`VPLM’s patents represent fundamental advancements to Internet Protocol (“IP”)
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`based communication, including improved functioning, call classification, call routing and reliability
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`for VoIP, messaging, and IP-based transmission of video, photographs and mixed media
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`communications.
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`5.
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`Twitter employs VPLM’s innovative technology and products, features, and designs,
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`and has widely distributed infringing products and/or services that have undermined VPLM’s
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`marketing and monetization efforts. Instead of incorporating non-infringing technology into its
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`products and services, Twitter has employed and has incorporated VPLM’s patented communication
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`classification and routing technology, in violation of VPLM’s valuable intellectual property rights.
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`PARTIES
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`6.
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`Plaintiff, VoIP-Pal.com, Inc. (“VPLM”) is a Nevada corporation with its principal
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`place of business located at 10900 NE 4th Street, Suite 2300, Bellevue, Washington 98004.
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`7.
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`Defendant, Twitter Inc. (“Twitter”) is a California corporation with its principal place
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`of business at 1355 Market Street, Suite 900, San Francisco, California 94103. On information and
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`belief, Twitter regularly conducts and transacts business in the District of Nevada and throughout the
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`United States, and, as set forth below, has committed and continues to commit, tortious acts of patent
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`infringement within the District of Nevada.
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`8.
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`As a result of Twitter’s infringement as alleged herein, on December 18, 2015, VPLM
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`provided notice to Twitter that it may be in violation of VPLM’s patent rights, including VPLM’s
`
`
`KB/24171
`2
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`ALVERSON, TAYLOR, MORTENSEN & SANDERS
`
`LAWYERS
`
`7401 WEST CHARLESTON BOULEVARD
`
`LAS VEGAS, NEVADA 89117-1401
`
`(702) 384-7000
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`Case 3:21-cv-09773-JD Document 33-8 Filed 03/28/22 Page 4 of 9
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`
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`rights under the ‘815 patent and the ‘005 patent. See Exhibit C, Correspondence to Twitter. Despite
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`the notice, Twitter has infringed and continues to infringe VPLM’s patents.
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`JURISDICTION AND VENUE
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`9.
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`This action arises under the patent laws of the United States, i.e., 35 U.S.C. § 1 et seq.
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` This Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331 and 1338.
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`10.
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`This Court has personal jurisdiction over Twitter because it has committed and
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`continues to commit acts of infringement in violation of 35 U.S.C. § 271 by placing infringing
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`services into the stream of commerce, either directly or through subsidiaries and/or intermediaries,
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`with the knowledge or understanding that such products are used and/or sold in the District of
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`Nevada. The acts by Twitter cause injury to VPLM within this District. Upon information and
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`belief, Plaintiff alleges that Twitter derives substantial revenue from the sale of infringing services
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`within this District, has expanded its market share through its use of infringing services within this
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`District, has engaged in this infringement with the expectation that its actions will have
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`consequences within this District, and derives substantial revenue from interstate and international
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`commerce through its infringing actions.
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`11.
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`Venue is proper within this District under 28 U.S.C. § 1391(b), (c), and § 1400(b)
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`because Twitter regularly transacts business within this District and offers services for sale in this
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`District that infringe VPLM’s patents. Furthermore, venue is proper in that Twitter has and
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`continues to infringe VPLM’s patents causing harm to VPLM in Nevada. Also, VPLM is
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`incorporated in Nevada.
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`A.
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`Twitter’s Infringement of VPLM’S Patents
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`FACTUAL ALLEGATIONS
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`12.
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` VPLM has protected its innovative designs and technologies through a broad range
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`of intellectual property rights. Among the patents that VPLM has been awarded are the ‘815 patent
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`and ‘005 patent to which VPLM owns all rights, title, and interest.
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`13.
`
`As detailed in the attached Exhibit D (Asserted Claims and Infringement Contentions
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`Concerning the ‘815 Patent and the ‘005 Patent), VPLM is informed and believes, and on that basis
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`alleges that Twitter offers messaging that may include “Direct Messages,” “Reply Tweets,”
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`KB/24171
`3
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`ALVERSON, TAYLOR, MORTENSEN & SANDERS
`
`LAWYERS
`
`7401 WEST CHARLESTON BOULEVARD
`
`LAS VEGAS, NEVADA 89117-1401
`
`(702) 384-7000
`
`

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`Case 3:21-cv-09773-JD Document 33-8 Filed 03/28/22 Page 5 of 9
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`“Mentions” and “Re-Tweets” that utilize caller/initiator and callee/recipient call classification criteria
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`that is used on a collection of servers and gateways and/or through software or firmware applications
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`that run on computing devices such as smartphones, tablet computers, desktop computers and
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`portable computers. Twitter practices directly and indirectly certain claims of the ‘815 and the’005
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`Patents by utilizing a caller dialing profile comprising a plurality of calling attributes to establish
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`private network classification criteria and public network classification criteria for routing
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`communications such as calls/messages between a caller/initiator and a callee/recipient.
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`14.
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`VPLM is informed and believes, and on that basis alleges that Twitter engages in the
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`following specific infringing practices:
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`B.
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`Asserted Claim No. 1 regarding Twitter’s System (the ‘815 patent)
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`15.
`illustrated in Chart 1 of Exhibit D, by utilizing a caller dialing profile comprising a plurality of
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`Twitter practices directly and indirectly certain claims of the ’815 patent, as
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`calling attributes to establish network classification criteria for routing messages between callers and
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`callees, including operations that occur on its equipment, servers and/or gateways, and/or the
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`equipment, servers and/or gateways of subsidiaries and/or intermediaries. Twitter communications
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`between a caller and a callee include “Direct Messages” (in which one or more Twitter users are
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`identified as the recipient(s) of the message), and “Mentions” (in which one or more Twitter users is
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`identified by username in a message, which could be a “Re-Tweet” or a “Reply Tweet,” for
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`example). Calling attributes includes information associated with the caller, such as settings stored
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`on a mobile device and information stored on Twitter equipment (e.g., the list of users that are
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`currently following the caller, the list of users that are blocked by the caller, and the security and
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`privacy settings for the caller including whether tweets are public or protected). Network
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`classification criteria affect how messages are delivered to recipients, which can be over the public
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`SMS network and over a private network to a Twitter application running on a computing device
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`such as a smartphone.
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`C.
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`Asserted Claim No. 2 regarding Twitter’s System (the ‘005 patent)
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`Twitter practices directly and indirectly certain claims of the ’005 patent, as
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`16.
`illustrated in Chart 2 of Exhibit D, by utilizing a caller dialing profile (or first participant profile)
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`KB/24171
`4
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`ALVERSON, TAYLOR, MORTENSEN & SANDERS
`
`LAWYERS
`
`7401 WEST CHARLESTON BOULEVARD
`
`LAS VEGAS, NEVADA 89117-1401
`
`(702) 384-7000
`
`

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`Case 3:21-cv-09773-JD Document 33-8 Filed 03/28/22 Page 6 of 9
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`comprising a plurality of calling attributes (or first participant attributes) to establish network
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`classification criteria for routing messages between callers (or first participants) and callees (or
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`second participants), including operations that occur on its equipment, servers and/or gateways,
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`and/or the equipment, servers and/or gateways of subsidiaries and/or intermediaries. Twitter
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`communications between a caller (or first participant) and a callee (or second participant) include
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`“Direct Messages” (in which one or more Twitter users are identified as the recipient(s) of the
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`message), and “Mentions” (in which one or more Twitter users is identified by username in a
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`message, which could be a “Re-Tweet” or a “Reply Tweet,” for example). Calling attributes (or first
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`participant attributes) includes information associated with the caller (or first participant), such as
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`settings stored on a mobile device and information stored on Twitter equipment (e.g., the list of users
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`that are currently following the caller, the list of users that are blocked by the caller, and the security
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`and privacy settings for the caller including whether tweets are public or protected). Network
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`classification criteria affect how messages are delivered to recipients, which can be over the public
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`SMS network and over a private network to a Twitter application running on a computing device
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`such as a smartphone.
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`17.
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`The Twitter Messaging System allows devices to initiate a communication between a
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`caller, or a first participant, and a callee, or a second participant, which may be an Twitter subscriber
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`or a non-subscriber. A profile that includes attributes is used as part of the process that classifies a
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`communication that directly and/or indirectly practices certain claims of the ‘005 patent.
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`18.
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`Twitter’s infringement of the ‘815 patent and the ‘005 patent provides Twitter with
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`valuable functionality for its products and services at the expense of VPLM’s protected intellectual
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`property. Rather than utilizing non-infringing technology for call and message classification and
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`routing of Public to Public communications, Private to Private communications, Public to Private
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`and Private to Public communications (e.g. messaging and media transfers), Twitter has employed
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`VPLM’s technology, including its classification and routing systems and methods.
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`19.
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`Twitter continues to choose to infringe VPLM’s patent rights through its caller
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`attribute based communication classification and routing systems, including at least Twitter’s
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`Messaging based communication products and services.
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`5
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`KB/24171
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`ALVERSON, TAYLOR, MORTENSEN & SANDERS
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`LAWYERS
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`7401 WEST CHARLESTON BOULEVARD
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`LAS VEGAS, NEVADA 89117-1401
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`(702) 384-7000
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`

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`Case 3:21-cv-09773-JD Document 33-8 Filed 03/28/22 Page 7 of 9
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`20.
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`Twitter has not obtained permission or a license from VPLM to use its inventions as
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`identified in the ‘815 patent and the ‘005 patent.
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`21.
`related patents. See Exhibit E, VPLM Active Patents as of January 1, 2016. VPLM preserves the
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`Furthermore, the ‘815 patent and ‘005 patent are only two patents in a suite of ten
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`right to request leave to amend this Complaint to add additional allegations of infringement based on
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`additional patents associated with the suite.
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`CLAIMS FOR RELIEF
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`First Claim for Relief (Infringement of the ‘815 and ‘005 Patents by Twitter)
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`22.
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`23.
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`VPLM incorporates and re-alleges paragraphs 1 through 26 of this Complaint.
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`Twitter has infringed and continues to infringe, directly and indirectly through
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`contributory and/or induced infringement, one or more claims of the ‘815 patent and the ‘005 patent
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`by using, selling and/or offering to sell in the United States messaging services using messaging
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`application software and/or equipment, servers and/or gateways that route messages to computing
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`devices such as smartphones, tablet computers and personal computers.
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`24.
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`25.
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`Twitter’s infringing activities violate 35 U.S.C. § 271.
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`VPLM is informed and believes, and on that basis alleges, that Twitter’s infringement
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`of the ‘815 patent and the ‘005 patent has been and continues to be intentional, willful, and without
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`regard to VPLM’s rights because it had actual knowledge of the ‘815 patent and the ‘005 patent
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`through direct and indirect communications with VPLM, and constructive notice due to the
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`patentee’s disclosure of IP-based communication methods in predecessors of the ‘815 patent and the
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`‘005 patent, including International PCT Publication No. WO2008/052340 on May 8, 2008, U.S.
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`Patent Publication No. 2010/0150328 on June 17, 2010, and U.S. Patent Publication No.
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`2013/0329722 on December 12, 2013.
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`26.
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`VPLM is informed and believes, and on that basis alleges, that Twitter has increased
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`revenues by virtue of its infringement of the ‘815 patent and the ‘005 patent. On information and
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`belief, a portion of Twitter’s market capitalization are thus attributable to the incremental value of
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`the infringed property. Based upon information and belief, the damages arising from such
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`infringement are alleged to be Two Billion Six Hundred and Ninety-Nine Million Two Hundred and
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`KB/24171
`6
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`ALVERSON, TAYLOR, MORTENSEN & SANDERS
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`LAWYERS
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`7401 WEST CHARLESTON BOULEVARD
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`LAS VEGAS, NEVADA 89117-1401
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`(702) 384-7000
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`Case 3:21-cv-09773-JD Document 33-8 Filed 03/28/22 Page 8 of 9
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`Fifty-Six Thousand and Four Hundred and Eighteen Dollars ($2,699,256,418) based upon the
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`calculations contained in Exhibit F, attached hereto.
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`27.
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`VPLM has sustained damages as a direct and proximate result of Twitter’s
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`infringement of the ‘815 patent and the ‘005 patent as their continuing infringement unfairly allows
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`Twitter to dominate the market and harms VPLM’s ability to secure licensing revenue for these
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`patents. Said damages will be proved at trial.
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`28.
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`VPLM will suffer and is suffering irreparable harm from Twitter’s continuing
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`infringement of the ‘815 patent and the ‘005 patent.
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`PRAYER FOR RELIEF
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`WHEREFORE, VPLM prays for relief, as follows:
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`1.
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`2.
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`A judgment that the ‘815 patent and the ‘005 patent are valid and enforceable;
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`A judgment that Twitter has infringed, contributorily infringed, and/or induced
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`infringement of one of more claims of the ‘815 patent and the ‘005 patent;
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`3.
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` An order and judgment permanently enjoining Twitter and its officers, directors,
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`agents, servants, employees, affiliates, attorneys, and all others acting in privity or in concert with
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`them, and their parents, subsidiaries, divisions, successors and assigns from further acts of
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`infringement of the ‘815 patent and the ‘005 patent;
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`4.
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`A judgment awarding VPLM all damages adequate to compensate for Twitter’s
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`infringement of the ‘815 patent and the ‘005 patent, and in no event less than a reasonable royalty for
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`Twitter’s acts of infringement, including all pre-judgment and post-judgment interest at the
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`maximum rate permitted by law;
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`5.
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`A judgment awarding VPLM all damages, including treble damages, based on any
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`infringement found to be willful, pursuant to 35 U.S.C. § 284, together with prejudgment interest;
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`6.
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`Actual damages suffered by VPLM as a result of Twitter’s unlawful conduct, in an
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`amount to be proven at trial, as well as prejudgment interest as authorized by law;
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`7.
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`A judgment and an award to VPLM of its costs and reasonable attorneys’ fees
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`incurred in this action as provided by 35 U.S.C. § 285; and
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`8.
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`Such other relief as this Court deems just and proper.
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`7
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`KB/24171
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`ALVERSON, TAYLOR, MORTENSEN & SANDERS
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`LAWYERS
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`7401 WEST CHARLESTON BOULEVARD
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`LAS VEGAS, NEVADA 89117-1401
`
`(702) 384-7000
`
`

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`Case 3:21-cv-09773-JD Document 33-8 Filed 03/28/22 Page 9 of 9
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`DEMAND FOR JURY TRIAL
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`Pursuant to Rule 38(b) of the Federal Rules of Civil Procedure, VPLM hereby demands trial
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`by jury on all issues so triable under the Complaint.
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`DATED this 6th day of October, 2016.
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`ALVERSON, TAYLOR,
`MORTENSEN & SANDERS
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`/s/ Kurt R. Bonds .
`KURT R. BONDS, ESQ.
`Nevada Bar No. 6228
`ADAM R. KNECHT, ESQ.
`Nevada Bar No. 13166
`7401 W. Charleston Boulevard
`Las Vegas, NV 89117
`Attorneys for Plaintiff
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`8
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`KB/24171
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`ALVERSON, TAYLOR, MORTENSEN & SANDERS
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`LAWYERS
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`7401 WEST CHARLESTON BOULEVARD
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`LAS VEGAS, NEVADA 89117-1401
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`(702) 384-7000
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