Case 1:17-cv-01520-JFB-SRF Document 22 Filed 02/06/18 Page 1 of 128 PageID #: 1062
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`REALTIME ADAPTIVE STREAMING LLC,
`
`Plaintiff,
`
`v.
`
`HAIVISION NETWORK VIDEO INC.,
`HAIVISION NETWORK VIDEO CORP., and
`HAIVISION KB INC.,
`
`Defendants.
`
`Case No. 17-1520-JFB-SRF
`
`JURY TRIAL DEMANDED
`
`SECOND AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`
`This is an action for patent infringement arising under the Patent Laws of the
`
`United States of America, 35 U.S.C. § 1 et seq. in which Plaintiff Adaptive Streaming
`
`LLC (“Plaintiff” or “Realtime”) makes the following allegations against Defendants
`
`Haivision Network Video Inc., Haivision Network Video Corp., and Haivision KB Inc.
`
`(collectively “Defendants” or “Haivision”).
`
`PARTIES
`
`1.
`
`Realtime is a Texas limited liability company. Realtime has a place of
`
`business at 1828 E.S.E. Loop 323, Tyler, Texas 75701. Realtime has researched and
`
`developed specific solutions for data compression, including, for example, those that
`
`increase the speeds at which data can be stored and accessed. As recognition of its
`
`innovations rooted in this technological field, Realtime holds multiple United States
`
`patents and pending patent applications.
`
`2.
`
`On information and belief, Defendants are Delaware corporations with
`
`their principal place of business at 13975 W Polo Trail Drive, Lake Forest, Illinois
`
`60045-5119. Defendants reside in this District because they are incorporated in
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`REALTIME ADAPTIVE STREAMING LLC,
`
`Plaintiff,
`
`v.
`
`HAIVISION NETWORK VIDEO INC.,
`HAIVISION NETWORK VIDEO CORP., and
`HAIVISION KB INC.,
`
`Defendants.
`
`Case No. 17-1520-JFB-SRF
`
`JURY TRIAL DEMANDED
`
`SECOND AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`
`This is an action for patent infringement arising under the Patent Laws of the
`
`United States of America, 35 U.S.C. § 1 et seq. in which Plaintiff Adaptive Streaming
`
`LLC (“Plaintiff” or “Realtime”) makes the following allegations against Defendants
`
`Haivision Network Video Inc., Haivision Network Video Corp., and Haivision KB Inc.
`
`(collectively “Defendants” or “Haivision”).
`
`PARTIES
`
`1.
`
`Realtime is a Texas limited liability company. Realtime has a place of
`
`business at 1828 E.S.E. Loop 323, Tyler, Texas 75701. Realtime has researched and
`
`developed specific solutions for data compression, including, for example, those that
`
`increase the speeds at which data can be stored and accessed. As recognition of its
`
`innovations rooted in this technological field, Realtime holds multiple United States
`
`patents and pending patent applications.
`
`2.
`
`On information and belief, Defendants are Delaware corporations with
`
`their principal place of business at 13975 W Polo Trail Drive, Lake Forest, Illinois
`
`60045-5119. Defendants reside in this District because they are incorporated in
`
`
`
`Case 1:17-cv-01520-JFB-SRF Document 22 Filed 02/06/18 Page 2 of 128 PageID #: 1063
`
`Delaware. Defendants offer their products and/or services, including those accused
`
`herein of infringement, to customers and potential customers located in Delaware and in
`
`this District. Defendant Haivision KB Inc. may be served with process through its
`
`registered agent for service at: The Corporation Trust Company, Corporation Trust
`
`Center 1209 Orange St., Wilmington, DE 19801. Defendants Haivision Network Video
`
`Corp. and Haivision Network Video Inc. may be served with process through its
`
`registered agent for service at: Corporation Service Company, 251 Little Falls Dr.,
`
`Wilmington, DE 19808.
`
`JURISDICTION AND VENUE
`
`3.
`
`This action arises under the patent laws of the United States, Title 35 of
`
`the United States Code. This Court has original subject matter jurisdiction pursuant to 28
`
`U.S.C. §§ 1331 and 1338(a).
`
`4.
`
`This Court has personal jurisdiction over Defendants in this action because
`
`Defendants have committed acts within the District of Delaware giving rise to this action
`
`and has established minimum contacts with this forum such that
`
`the exercise of
`
`jurisdiction over Defendants would not offend traditional notions of fair play and
`
`substantial justice. Defendants have also committed and continue to commit acts of
`
`infringement in this District by, among other things, offering to sell and selling products
`
`and/or services that infringe the asserted patents.
`
`5.
`
`Venue is proper in this district, e.g., under 28 U.S.C. § 1400(b).
`
`Defendants
`
`reside in this District because they are incorporated in Delaware.
`
`Furthermore, upon information and belief, Defendants have transacted business in the
`
`
`
`Case 1:17-cv-01520-JFB-SRF Document 22 Filed 02/06/18 Page 3 of 128 PageID #: 1064
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`District of Delaware and have committed acts of direct and indirect infringement in the
`
`District of Delaware.
`
`COUNT I
`
`INFRINGEMENT OF U.S. PATENT NO. 8,934,535
`
`6.
`
`Plaintiff
`
`re-alleges
`
`and incorporates by reference
`
`the
`
`foregoing
`
`paragraphs, as if fully set forth herein.
`
`7.
`
`Plaintiff Realtime is the owner by assignment of United States Patent No.
`
`8,934,535 (“the ’535 patent”) entitled “Systems and methods for video and audio data
`
`storage and distribution.” The ’535 patent was duly and legally issued by the United
`
`States Patent and Trademark Office on January 13, 2015. A true and correct copy of
`
`the ’535 patent is included as Exhibit A.
`
`8.
`
`On information and belief, Defendants have made, used, offered for sale,
`
`sold and/or imported into the United States products that infringe the ’535 patent, and
`
`continue to do so. By way of illustrative example, these infringing products include,
`
`without limitation, Defendants’ video encoding products, such as, e.g., products that use
`
`Haivision Media Platform, the Makito X H.264, Makito X HEVC, Makito X with
`
`Storage, Makito Air, Makito XCR, and Makito X HARSH, KB Mini, KB
`
`Encoder/Transcoder Server, KB 4K Encoder/Transcoder, Kraken Series (S-KR-Base; S-
`
`KR-Base-KLV; S-KR-PREMIUM; S-KR-PREMIUM-KLV; S-KR-ULTRA; S-KR-
`
`ULTRA-KLV), Kraken CR, and streaming cloud services, such as, e.g., the Haivision
`
`Video Cloud and Connect DVR services, and all versions and variations thereof since the
`
`issuance of the ’535 patent (“Accused Instrumentalities”).
`
`
`
`Case 1:17-cv-01520-JFB-SRF Document 22 Filed 02/06/18 Page 4 of 128 PageID #: 1065
`
`9.
`
`On information and belief, Defendants have directly infringed and
`
`continue to infringe the ’535 patent, for example, through its own use and testing of the
`
`Accused Instrumentalities, which when used, practices the method claimed by Claim 15
`
`of the ’535 patent, namely, a method, comprising: determining a parameter of at least a
`
`portion of a data block; selecting one or more asymmetric compressors from among a
`
`plurality of compressors based upon the determined parameter or attribute; compressing
`
`the at least the portion of the data block with the selected one or more asymmetric
`
`compressors to provide one or more compressed data blocks; and storing at least a
`
`portion of the one or more compressed data blocks. Upon information and belief,
`
`Defendants use the Accused Instrumentalities to practice infringing methods for their
`
`own internal non-testing business purposes, while testing the Accused Instrumentalities,
`
`and while providing technical
`
`support
`
`and repair
`
`services
`
`for
`
`the Accused
`
`Instrumentalities to their customers.
`
`10.
`
`For example,
`
`the Accused Instrumentalities utilize the H.264 video
`
`compression standard, as well as Secure Reliable Transport (SRT) technology. “SRT
`
`detects the real-time network performance between the encode / decode / transcode
`
`endpoints. The endpoints can be dynamically adjusted for optimal stream performance
`
`and quality.” See, e.g., https://www.haivision.com/products/srt-secure-reliable-transport/.
`
`At least Haivision’s Makito X and KB series devices use H.264 and SRT.
`
`Id. On
`
`information and belief, all of the Accused Instrumentalities detect real-time network
`
`performance between the encode / decode / transcode endpoints and dynamically select a
`
`compression technique for optimal stream performance.
`
`
`
`Case 1:17-cv-01520-JFB-SRF Document 22 Filed 02/06/18 Page 5 of 128 PageID #: 1066
`
`11.
`
`Furthermore, as can be seen by the highlighted text in the below graphic,
`
`“All Haivision Media Platforms” support “H.264” as an “Audio/Video Format”. See
`
`page 7/8 of the datasheet available at http://www3.haivision.com/hmp-datasheet:
`
`12.
`
`In addition,
`
`from this below webpage listing a Haivision product,
`
`“Haivision’s award-winning Makito X H.264 encoder transports secure, low latency HD
`
`video over any network at extremely low bitrates, making it ideal for live, interactive and
`
`bandwidth constrained applications.” See https://www.haivision.com/products/makito-
`
`series/makito-x-h264/ (with “H.264 encoder” being highlighted):
`
`
`
`Case 1:17-cv-01520-JFB-SRF Document 22 Filed 02/06/18 Page 6 of 128 PageID #: 1067
`
`13.
`
`This portion of the datasheet also shows that Haivision’s Makito X
`
`“supports High Profile H.264 encoding.” See page 1/2 of the datasheet available at
`
`http://www3.haivision.com/datasheet-makito-x:
`
`
`
`Case 1:17-cv-01520-JFB-SRF Document 22 Filed 02/06/18 Page 7 of 128 PageID #: 1068
`
`14.
`
`Further portions of the datasheet show that the Haivision Makito X has
`
`among its features the ability to perform “Highly efficient encoding” at “Up to twice the
`
`quality or half of the bandwidth, using High Profile H.264.”
`
`See page 1/2 of the
`
`datasheet available at http://www3.haivision.com/datasheet-makito-x:
`
`15.
`
`Additional portions of the datasheet show that the Haivision Makito X has
`
`technical specifications that use H.264 for both “VIDEO ENCODING/DECODING” and
`
`“IP NETWORK INTERFACES.”
`
`See page 2/2 of
`
`the datasheet available at
`
`http://www3.haivision.com/datasheet-makito-x:
`
`16.
`
`It also appears that all variations or different models of the Haivision
`
`Makito X product utilize H.264, as can be seen by this below listing of the “Makito X
`
`Product Portfolio & Ordering Information.” See page 2/2 of the datasheet available at
`
`
`
`Case 1:17-cv-01520-JFB-SRF Document 22 Filed 02/06/18 Page 8 of 128 PageID #: 1069
`
`http://www3.haivision.com/datasheet-makito-x:
`
`17.
`
`The Haivision Makito encoders are also known to be Haivision’s hallmark
`
`streaming video encoders using H.264, as can be seen by this press release in 2010 (See
`
`https://www.haivision.com/about/press-releases/haivision-introduces-highest-density-hd-
`
`h-264-encodingdecoding-solution/):
`
`
`
`Case 1:17-cv-01520-JFB-SRF Document 22 Filed 02/06/18 Page 9 of 128 PageID #: 1070
`
`18.
`
`Nonetheless, the Makito X is not the only encoder that Haivision has. By
`
`
`
`Case 1:17-cv-01520-JFB-SRF Document 22 Filed 02/06/18 Page 10 of 128 PageID #: 1071
`
`way of non-limiting example, Haivision also has the KB Series which clearly uses H.264,
`
`as can be seen by below (https://www.haivision.com/about/press-releases/haivision-
`
`introduces-highest-density-hd-h-264-encodingdecoding-solution/):
`
`See https://www.haivision.com/products/kb-series/:
`
`19.
`
`In addition, the datasheet for Haivision’s KB series H.264 encoders make
`
`multiple mentions to using H.264 for “live event streaming” as can be seen by this
`
`portion of the Haivision KB series datasheet. See page 1/3 of the datasheet available at
`
`http://www3.haivision.com/Datasheet_KB:
`
`
`
`Case 1:17-cv-01520-JFB-SRF Document 22 Filed 02/06/18 Page 11 of 128 PageID #: 1072
`
`20.
`
`There are also various other portions of the Haivision KB Series datasheet
`
`
`
`Case 1:17-cv-01520-JFB-SRF Document 22 Filed 02/06/18 Page 12 of 128 PageID #: 1073
`
`that mention the product’s usage of H.264 and being able to provide a “H.264” viewing
`
`experience.
`
`See
`
`page
`
`2/3
`
`of
`
`the
`
`datasheet
`
`available
`
`at
`
`http://www3.haivision.com/Datasheet_KB:
`
`
`
`Case 1:17-cv-01520-JFB-SRF Document 22 Filed 02/06/18 Page 13 of 128 PageID #: 1074
`
`21.
`
`One page of the datasheet for Haivision’s KB Series also shows H.264
`
`being used for numerous applications, such as: for a “KB Mini” model device (“KB
`
`MINI H.264 & HEVD SD/HD ENCODING/TRANSCODING APPLIANCE”), for an IP
`
`“input support up to 1080p60” (“One IP H.264 or HEVC input support up to 1080p60”),
`
`for “Stream Outputs” that are “Up to one 2160p30 encode” (“H.264: Up to one 2160p30
`
`encode”) and for an “ABR cascade: Up to 1080p30” (“H.264: Up to 1080p30”) (also
`
`“With
`
`up
`
`to
`
`four
`
`1080p60
`
`inputs”),
`
`for
`
`“Video Encoding,”
`
`a
`
`“Video
`
`Encoding/Compression Standard” (“H.264, HEVC/H.265” and “MPEG-2, H.264 and
`
`HEVC”), a “Profile” (“H.264: High, Main, Baseline”), and for the “Stream Outputs” of
`
`the “KB HD ENCODER/TRANSCODER SERVER”, also “Up to one 1080p60 encodes
`
`
`
`Case 1:17-cv-01520-JFB-SRF Document 22 Filed 02/06/18 Page 14 of 128 PageID #: 1075
`
`per input” (“Or H.264: Up to one 1080p60 encodes per input”) and for an an H.264
`
`“ABR cascade,” “Up to one 1080p30 encodes per input” (“Or H.264 ABR cascade: Up to
`
`one 1080p30 encodes per input”) and finally as a “File Output” form (“H.264/MP4”). See
`
`page 3/3 of the datasheet available at http://www3.haivision.com/Datasheet_KB:
`
`22.
`
`It also appears that all or most variations or different models of the
`
`Haivision KB product utilize H.264, as can be seen by this below listing of the “KB
`
`Product Portfolio & Ordering Information.” See page 3/3 of the datasheet available at
`
`http://www3.haivision.com/Datasheet_KB:
`
`
`
`Case 1:17-cv-01520-JFB-SRF Document 22 Filed 02/06/18 Page 15 of 128 PageID #: 1076
`
`23.
`
`The Haivision KB Series also appears to be an “award-winning”
`
`HEVC.H.264 live video encoder for Haivision, as can be seen by this recent press release
`
`available
`
`at
`
`https://www.haivision.com/about/press-releases/haivisions-kb-series-h-
`
`264hevc-encoders-qualified-akamai-media-services-live/:
`
`24.
`
`The Accused Instrumentalities determine a parameter of at least a portion
`
`of a video data block. As shown below, examples of such parameters include bitrate (or
`
`max video bitrate) and resolution parameters. Different parameters correspond with
`
`different end applications. H.264 provides for multiple different ranges of such
`
`parameters, each included in the “profiles” and “levels” defined by the H.264 standard.
`
`See http://www.axis.com/files/whitepaper/wp_h264_31669_en_0803_lo.pdf at 5:
`
`
`
`Case 1:17-cv-01520-JFB-SRF Document 22 Filed 02/06/18 Page 16 of 128 PageID #: 1077
`
`See https://en.wikipedia.org/wiki/H.264/MPEG-4_AVC:
`
`25.
`
`A video data block is organized by the group of pictures (GOP) structure,
`
`which is a “collection of successive pictures within a coded video stream.” See
`
`https://en.wikipedia.org/wiki/Group_of_pictures. A GOP structure can contain intra
`
`
`
`Case 1:17-cv-01520-JFB-SRF Document 22 Filed 02/06/18 Page 17 of 128 PageID #: 1078
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`coded pictures (I picture or I frame), predictive coded pictures (P picture or P frame),
`
`bipredictive coded pictures (B picture or B frame) and direct coded pictures (D picture or
`
`D frames, or DC direct coded pictures which are used only in MPEG-1 video). See
`
`https://en.wikipedia.org/wiki/Video_compression_picture_types (for descriptions of I
`
`frames, P frames and B frames); https://en.wikipedia.org/wiki/MPEG-1#D-frames (for
`
`descriptions of D frames). Thus, at least a portion of a video data block would also make
`
`up a GOP structure and could also contain I frames, P frames, B frames and/or D frames.
`
`The GOP structure also reflects the size of a video data block, and the GOP structure can
`
`be controlled and used to fine-tune other parameters (e.g. bitrate, max video bitrate and
`
`resolution parameters) or even be considered as a parameter by itself.
`
`26.
`
`Based on the bitrate and/or resolution parameter identified (e.g. bitrate,
`
`max video bitrate, resolution, GOP structure or frame type within a GOP structure), any
`
`H.264-compliant system such as the Accused Instrumentalities would determine which
`
`profile (e.g., “baseline,” “extended,” “main”, or “high”) corresponds with that parameter,
`
`then select between at least two asymmetric compressors.
`
`If baseline or extended is the
`
`corresponding profile, then the system will select a Context-Adaptive Variable Length
`
`Coding (“CAVLC”) entropy encoder.
`
`If main or high is the corresponding profile, then
`
`the system will select a Context-Adaptive Binary Arithmetic Coding (“CABAC”) entropy
`
`encoder. Both encoders are asymmetric compressors because it takes a longer period of
`
`time for them to compress data than to decompress data. See
`
`https://sonnati.wordpress.com/2007/10/29/how-h-264-works-part-ii/:
`
`
`
`Case 1:17-cv-01520-JFB-SRF Document 22 Filed 02/06/18 Page 18 of 128 PageID #: 1079
`
`See http://web.cs.ucla.edu/classes/fall03/cs218/paper/H.264_MPEG4_Tutorial.pdf at 7:
`
`
`
`Case 1:17-cv-01520-JFB-SRF Document 22 Filed 02/06/18 Page 19 of 128 PageID #: 1080
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`Moreover, the H.264 Standard requires a bit-flag descriptor, which is set to determine the
`
`correct decoder for the corresponding encoder. As shown below, if the flag = 0, then
`
`CAVLC must have been selected as the encoder; if the flag = 1, then CABAC must have
`
`been selected as the encoder. See https://www.itu.int/rec/dologin_pub.asp?lang=e&id=T-
`
`REC-H.264-201304-S!!PDF-E&type=items (Rec. ITU-T H.264 (04/2013)) at 80:
`
`27.
`
`The Accused Instrumentalities compress the at least the portion of the data
`
`block with the selected one or more asymmetric compressors to provide one or more
`
`compressed data blocks, which can be organized in a GOP structure (see above). After
`
`its selection, the asymmetric compressor (CAVLC or CABAC) will compress the video
`
`
`
`Case 1:17-cv-01520-JFB-SRF Document 22 Filed 02/06/18 Page 20 of 128 PageID #: 1081
`
`data to provide various compressed data blocks, which can also be organized in a GOP
`
`structure. See https://sonnati.wordpress.com/2007/10/29/how-h-264-works-part-ii/:
`
`See
`
`http://citeseerx.ist.psu.edu/viewdoc/download?doi=10.1.1.602.1581&rep=rep1&type=pdf
`
`at 13:
`
`See http://www.ijera.com/papers/Vol3_issue4/BM34399403.pdf at 2:
`
`
`
`Case 1:17-cv-01520-JFB-SRF Document 22 Filed 02/06/18 Page 21 of 128 PageID #: 1082
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`28.
`
`On information and belief, the Accused Instrumentalities store at least a
`
`portion of the one or more compressed data blocks in buffers, hard disk, or other forms of
`
`memory/storage.
`
`29.
`
`On information and belief, Defendants also directly infringe and continue
`
`to infringe other claims of the ’535 patent, for similar reasons as explained above with
`
`respect to Claim 15 of the ’535 patent.
`
`30.
`
`On information and belief, all of the Accused Instrumentalities perform
`
`the claimed methods in substantially the same way, e.g., in the manner specified in the
`
`H.264 standard.
`
`31.
`
`On information and belief, use of the Accused Instrumentalities in their
`
`ordinary and customary fashion results in infringement of the methods claimed by
`
`the ’535 patent.
`
`32.
`
`On information and belief, Defendants have had knowledge of the ’535
`
`patent since at least the filing of this Complaint or shortly thereafter, and on information
`
`and belief, Defendants knew of the ’535 patent and knew of its infringement, including
`
`by way of this lawsuit. By the time of trial, Defendants will have known and intended
`
`(since receiving such notice) that
`
`its continued actions would actively induce and
`
`contribute to the infringement of the claims of the ’535 patent.
`
`33.
`
`Upon information and belief, Defendants’ affirmative acts of making,
`
`using, and selling the Accused Instrumentalities, and providing implementation services
`
`and technical support to users of the Accused Instrumentalities, including, e.g., through
`
`training, demonstrations, brochures,
`
`installation and user guides, have induced and
`
`continue to induce users of the Accused Instrumentalities to use them in their normal and
`
`
`
`Case 1:17-cv-01520-JFB-SRF Document 22 Filed 02/06/18 Page 22 of 128 PageID #: 1083
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`customary way to infringe the ’535 patent by practicing a method, comprising:
`
`determining a parameter of at least a portion of a data block; selecting one or more
`
`asymmetric compressors from among a plurality of compressors based upon the
`
`determined parameter or attribute; compressing the at least the portion of the data block
`
`with the selected one or more asymmetric compressors to provide one or more
`
`compressed data blocks; and storing at least a portion of the one or more compressed data
`
`blocks. For example, Defendants adopted H.264 in their encoder devices and streaming
`
`services. For similar reasons, Defendants also induce their customers to use the Accused
`
`Instrumentalities to infringe other claims of the ’535 patent. Defendants specifically
`
`intended and were aware that these normal and customary activities would infringe the
`
`’535 patent. Defendants performed the acts that constitute induced infringement, and
`
`would induce actual infringement, with the knowledge of the ’535 patent and with the
`
`knowledge, or willful blindness to the probability, that the induced acts would constitute
`
`infringement. On information and belief, Defendants engaged in such inducement to
`
`promote the sales of the Accused Instrumentalities. Accordingly, Defendants have
`
`induced and continue to induce users of the Accused Instrumentalities to use the Accused
`
`Instrumentalities in their ordinary and customary way to infringe the ’535 patent,
`
`knowing that such use constitutes infringement of the ’535 patent. Accordingly,
`
`Defendants have been, and currently are, inducing infringement of the ’535 patent, in
`
`violation of 35 U.S.C. § 271(b).
`
`34.
`
`Defendants have also infringed, and continue to infringe, claims of
`
`the ’535 patent by offering to commercially distribute, commercially distributing, making,
`
`and/or importing the Accused Instrumentalities, which are used in practicing the process,
`
`
`
`Case 1:17-cv-01520-JFB-SRF Document 22 Filed 02/06/18 Page 23 of 128 PageID #: 1084
`
`or using the systems, of the ’535 patent, and constitute a material part of the invention.
`
`Defendants know the components in the Accused Instrumentalities to be especially made
`
`or especially adapted for use in infringement of the ’535 patent, not a staple article, and
`
`not a commodity of commerce suitable for substantial noninfringing use. Accordingly,
`
`Defendants have been, and currently are, contributorily infringing the ’535 patent, in
`
`violation of 35 U.S.C. § 271(c).
`
`35.
`
`By making, using, offering for sale, selling and/or importing into the
`
`United States the Accused Instrumentalities, and touting the benefits of using the
`
`Accused Instrumentalities’ compression features, Defendants have injured Realtime and
`
`are liable to Realtime for infringement of the ’535 patent pursuant to 35 U.S.C. § 271.
`
`36.
`
`As a result of Defendants’ infringement of the ’535 patent, Plaintiff
`
`Realtime is entitled to monetary damages in an amount adequate to compensate for
`
`Defendants’ infringement, but in no event less than a reasonable royalty for the use made
`
`of the invention by Defendants, together with interest and costs as fixed by the Court.
`
`COUNT II
`
`INFRINGEMENT OF U.S. PATENT NO. 9,769,477
`
`37.
`
`Plaintiff
`
`re-alleges
`
`and incorporates by reference
`
`the
`
`foregoing
`
`paragraphs, as if fully set forth herein.
`
`38.
`
`Plaintiff Realtime is the owner by assignment of United States Patent No.
`
`9,769,477 (“the ’477 patent”) entitled “Video data compression systems.” The ’477
`
`patent was duly and legally issued by the United States Patent and Trademark Office on
`
`September 19, 2017. A true and correct copy of the ’477 patent is included as Exhibit B.
`
`
`
`Case 1:17-cv-01520-JFB-SRF Document 22 Filed 02/06/18 Page 24 of 128 PageID #: 1085
`
`39.
`
`On information and belief, Defendants have made, used, offered for sale,
`
`sold and/or imported into the United States products that infringe the ’477 patent, and
`
`continue to do so. By way of illustrative example, these infringing products include,
`
`without limitation, Defendants’ video encoding products, such as, e.g., products that use
`
`Haivision Media Platform, the Makito X H.264, Makito X HEVC, Makito X with
`
`Storage, Makito Air, Makito XCR, and Makito X HARSH, KB Mini, KB
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`Encoder/Transcoder Server, KB 4K Encoder/Transcoder, Kraken Series (S-KR-Base; S-
`
`KR-Base-KLV; S-KR-PREMIUM; S-KR-PREMIUM-KLV; S-KR-ULTRA; S-KR-
`
`ULTRA-KLV), Kraken CR, and streaming cloud services, such as, e.g., the Haivision
`
`Video Cloud and Connect DVR services, and all versions and variations thereof since the
`
`issuance of the ’477 patent (“Accused Instrumentalities”).
`
`40.
`
`On information and belief, Defendants have directly infringed and
`
`continue to infringe the ’477 patent, for example, through its own use and testing of the
`
`Accused Instrumentalities, which when used, practices the system claimed by Claim 1 of
`
`the ’477 patent, namely, a system, comprising: a plurality of different asymmetric data
`
`compression encoders, wherein each asymmetric data compression encoder of the
`
`plurality of different asymmetric data compression encoders is configured to utilize one
`
`or more data compression algorithms, and wherein a first asymmetric data compression
`
`encoder of the plurality of different asymmetric data compression encoders is configured
`
`to compress data blocks containing video or image data at a higher data compression rate
`
`than a second asymmetric data compression encoder of the plurality of different
`
`asymmetric data compression encoders; and one or more processors configured to:
`
`determine one or more data parameters, at least one of the determined one or more data
`
`
`
`Case 1:17-cv-01520-JFB-SRF Document 22 Filed 02/06/18 Page 25 of 128 PageID #: 1086
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`parameters relating to a throughput of a communications channel measured in bits per
`
`second; and select one or more asymmetric data compression encoders from among the
`
`plurality of different asymmetric data compression encoders based upon, at least in part,
`
`the determined one or more data parameters. Upon information and belief, Defendants
`
`use the Accused Instrumentalities to practice infringing methods for their own internal
`
`non-testing business purposes, while testing the Accused Instrumentalities, and while
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`providing technical support and repair services for the Accused Instrumentalities to their
`
`customers.
`
`41.
`
`For example,
`
`the Accused Instrumentalities utilize the H.264 video
`
`compression standard, as well as Secure Reliable Transport (SRT) technology. “SRT
`
`detects the real-time network performance between the encode / decode / transcode
`
`endpoints. The endpoints can be dynamically adjusted for optimal stream performance
`
`and quality.” See, e.g., https://www.haivision.com/products/srt-secure-reliable-transport/.
`
`At least Haivision’s Makito X and KB series devices use H.264 and SRT.
`
`Id. On
`
`information and belief, all of the Accused Instrumentalities detect real-time network
`
`performance between the encode / decode / transcode endpoints and dynamically select a
`
`compression technique for optimal stream performance.
`
`
`
`Case 1:17-cv-01520-JFB-SRF Document 22 Filed 02/06/18 Page 26 of 128 PageID #: 1087
`
`42.
`
`Furthermore, as can be seen by the highlighted text in the below graphic,
`
`“All Haivision Media Platforms” support “H.264” as an “Audio/Video Format”. See
`
`page 7/8 of the datasheet available at http://www3.haivision.com/hmp-datasheet:
`
`43.
`
`In addition,
`
`from this below webpage listing a Haivision product,
`
`“Haivision’s award-winning Makito X H.264 encoder transports secure, low latency HD
`
`video over any network at extremely low bitrates, making it ideal for live, interactive and
`
`bandwidth constrained applications.” See https://www.haivision.com/products/makito-
`
`series/makito-x-h264/ (with “H.264 encoder” being highlighted):
`
`
`
`Case 1:17-cv-01520-JFB-SRF Document 22 Filed 02/06/18 Page 27 of 128 PageID #: 1088
`
`44.
`
`This portion of the datasheet also shows that Haivision’s Makito X
`
`“supports High Profile H.264 encoding.” See page 1/2 of the datasheet available at
`
`http://www3.haivision.com/datasheet-makito-x:
`
`
`
`Case 1:17-cv-01520-JFB-SRF Document 22 Filed 02/06/18 Page 28 of 128 PageID #: 1089
`
`45.
`
`Further portions of the datasheet show that the Haivision Makito X has
`
`among its features the ability to perform “Highly efficient encoding” at “Up to twice the
`
`quality or half of the bandwidth, using High Profile H.264.”
`
`See page 1/2 of the
`
`datasheet available at http://www3.haivision.com/datasheet-makito-x:
`
`46.
`
`Additional portions of the datasheet show that the Haivision Makito X has
`
`technical specifications that use H.264 for both “VIDEO ENCODING/DECODING” and
`
`“IP NETWORK INTERFACES.”
`
`See page 2/2 of
`
`the datasheet available at
`
`http://www3.haivision.com/datasheet-makito-x:
`
`
`
`Case 1:17-cv-01520-JFB-SRF Document 22 Filed 02/06/18 Page 29 of 128 PageID #: 1090
`
`47.
`
`It also appears that all variations or different models of the Haivision
`
`Makito X product utilize H.264, as can be seen by this below listing of the “Makito X
`
`Product Portfolio & Ordering Information.” See page 2/2 of the datasheet available at
`
`http://www3.haivision.com/datasheet-makito-x:
`
`48.
`
`The Haivision Makito encoders are also known to be Haivision’s hallmark
`
`streaming video encoders using H.264, as can be seen by this press release in 2010 (See
`
`https://www.haivision.com/about/press-releases/haivision-introduces-highest-density-hd-
`
`h-264-encodingdecoding-solution/):
`
`
`
`Case 1:17-cv-01520-JFB-SRF Document 22 Filed 02/06/18 Page 30 of 128 PageID #: 1091
`
`49.
`
`Nonetheless, the Makito X is not the only encoder that Haivision has. By
`
`way of non-limiting example, Haivision also has the KB Series which clearly uses H.264,
`
`as can be seen by below (https://www.haivision.com/about/press-releases/haivision-
`
`
`
`Case 1:17-cv-01520-JFB-SRF Document 22 Filed 02/06/18 Page 31 of 128 PageID #: 1092
`
`introduces-highest-density-hd-h-264-encodingdecoding-solution/):
`
`See https://www.haivision.com/products/kb-series/:
`
`50.
`
`In addition, the datasheet for Haivision’s KB series H.264 encoders make
`
`multiple mentions to using H.264 for “live event streaming” as can be seen by this
`
`portion of the Haivision KB series datasheet. See page 1/3 of the datasheet available at
`
`
`
`Case 1:17-cv-01520-JFB-SRF Document 22 Filed 02/06/18 Page 32 of 128 PageID #: 1093
`
`http://www3.haivision.com/Datasheet_KB:
`
`51.
`
`There are also various other portions of the Haivision KB Series datasheet
`
`that mention the product’s usage of H.264 and being able to provide a “H.264” viewing
`
`experience.
`
`See
`
`page
`
`2/3
`
`of
`
`the
`
`datasheet
`
`available
`
`at
`
`http://www3.haivision.com/Datasheet_KB:
`
`52.
`
`One page of the datasheet for Haivision’s KB Series also shows H.264
`
`being used for numerous applications, such as: for a “KB Mini” model device (“KB
`
`MINI H.264 & HEVD SD/HD ENCODING/TRANSCODING APPLIANCE”), for an IP
`
`“input support up to 1080p60” (“One IP H.264 or HEVC input support up to 1080p60”),
`
`
`
`Case 1:17-cv-01520-JFB-SRF Document 22 Filed 02/06/18 Page 33 of 128 PageID #: 1094
`
`for “Stream Outputs” that are “Up to one 2160p30 encode” (“H.264: Up to one 2160p30
`
`encode”) and for an “ABR cascade: Up to 1080p30” (“H.264: Up to 1080p30”) (also
`
`“With
`
`up
`
`to
`
`four
`
`1080p60
`
`inputs”),
`
`for
`
`“Video Encoding,”
`
`a
`
`“Video
`
`Encoding/Compression Standard” (“H.264, HEVC/H.265” and “MPEG-2, H.264 and
`
`HEVC”), a “Profile” (“H.264: High, Main, Baseline”), and for the “Stream Outputs” of
`
`the “KB HD ENCODER/TRANSCODER SERVER”, also “Up to one 1080p60 encodes
`
`per input” (“Or H.264: Up to one 1080p60 encodes per input”) and for an an H.264
`
`“ABR cascade,” “Up to one 1080p30 encodes per input” (“Or H.264 ABR cascade: Up to
`
`one 1080p30 encodes per input”) and finally as a “File Output” form (“H.264/MP4”). See
`
`page 3/3 of the datasheet available at http://www3.haivision.com/Datasheet_KB:
`
`
`
`Case 1:17-cv-01520-JFB-SRF Document 22 Filed 02/06/18 Page 34 of 128 PageID #: 1095
`
`53.
`
`It also appears that all or most variations or different models of the
`
`Haivision KB product utilize H.264, as can be seen by this below listing of the “KB
`
`Product Portfolio & Ordering Information.” See page 3/3 of the datasheet available at
`
`http://www3.haivision.com/Datasheet_KB:
`
`54.
`
`The Haivision KB Series also appears to be an “award-winning”
`
`HEVC.H.264 live video encoder for Haivision, as can be seen by this recent press release
`
`available
`
`at
`
`https://www.haivision.com/about/press-releases/haivisions-kb-series-h-
`
`264hevc-encoders-qualified-akamai-media-services-live/:
`
`
`
`Case 1:17-cv-01520-JFB-SRF Document 22 Filed 02/06/18 Page 35 of 128 PageID #: 1096
`
`55.
`
`The Accused Instrumentalities determine a parameter of at least a portion
`
`of a video data block. As shown below, examples of such parameters include bitrate (or
`
`max video bitrate) and resolution parameters. Different parameters correspond with
`
`different end applications. H.264 provides for multiple different ranges of such
`
`parameters, each included in the “profiles” and “levels” defined by the H.264 standard.
`
`See http://www.axis.com/files/whitepaper/wp_h264_31669_en_0803_lo.pdf at 5:
`
`See https://en.wikipedia.org/wiki/H.264/MPEG-4_AVC:
`
`
`
`Case 1:17-cv-01520-JFB-SRF Document 22 Filed 02/06/18 Page 36 of 128 PageID #: 1097
`
`56.
`
`A video data block is organized by the group of pictures (GOP) structure,
`
`which is a “collection of successive pictures within a coded video stream.” See
`
`https://en.wikipedia.org/wiki/Group_of_pictures. A GOP structure can contain intra
`
`coded pictures (I picture or I frame), predictive coded pictures (P picture or P frame),
`
`bipredictive coded pictures (B picture or B frame) and direct coded pictures (D picture or
`
`D frames, or DC direct coded pictures which are used only in MPEG-1 video). See
`
`https://en.wikipedia.org/wiki/Video_compression_picture_types (for descriptions of I
`
`frames, P frames and B frames); https://en.wikipedia.org/wiki/MPEG-1#D-frames (for
`
`descriptions of D frames). Thus, at least a portion of a video data block would also make
`
`up a GOP structure and could also contain I f
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