Case 1:23-cv-01136-JHS Document 18 Filed 03/08/24 Page 1 of 59 PageID #: 584
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`C. A. No.: 23-cv-1136 (JHS)
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`DEMAND FOR JURY TRIAL
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`VIDEOLABS, INC. and
`VL COLLECTIVE IP LLC,
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`Plaintiffs,
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`v.
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`Defendant.
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`ROKU, INC.,
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`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
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`Plaintiffs VideoLabs, Inc. (“VL”) and VL Collective IP LLC (“VL IP”) (collectively
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`“VideoLabs” or “Plaintiffs”) file this First Amended Complaint against Defendant Roku, Inc.
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`(“Roku” or “Defendant”), and in support thereof allege as follows:
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`NATURE OF THE ACTION
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`1.
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`Digital video has become fundamental to how society interacts, communicates,
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`educates, and entertains. In fact, video consumption now accounts for more than 82% of all Internet
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`traffic.1 The ability to reliably provide high-quality and secure video content drives the growth of
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`digital platforms that are increasingly integral to the global economy.
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`2.
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`The advent of high-quality video as a staple of digital consumption did not happen
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`instantaneously. As with any complex technology, digital video presented implementation
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`challenges. Many companies spent many years and resources to develop new and innovative
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`1 See The Sustainable Future of Video Entertainment, INTERDIGITAL (Aug. 2020),
`https://www.interdigital.com/white_papers/the-sustainable-future-of-video-
`entertainment?submit_success=true (last visited October 10, 2023).
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`Case 1:23-cv-01136-JHS Document 18 Filed 03/08/24 Page 2 of 59 PageID #: 585
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`technologies that guide how video is created, streamed, secured, managed, and consumed.
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`3.
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`Various inventions and technological advances have transformed digital video. Some
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`of these technologies, such as techniques to efficiently compress video file size, address central
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`challenges to storing and transmitting video. Others enable video content to be efficiently and
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`securely streamed to the many user devices that exist today. Yet others involve managing and
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`organizing videos to provide viewers easier access to content and address how they interact with
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`content. Successful video streaming thus requires a myriad of technologies that necessarily coordinate
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`with one another.
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`4.
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`Because various companies played roles in developing the foundational technology
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`for today’s digital video, no single company can provide the high-quality video experiences that
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`consumers have come to expect without using technology owned by other companies. Companies
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`wisely focus their innovation activities and R&D investments on developing unique products and
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`services while relying on the sum total of all other industry investment in the various technologies
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`that enable their products and services to work in the global, connected technology market.
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`5.
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`The founders of VideoLabs recognized this problem and understood that collective
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`action was needed to address it. If the companies that developed critical video technologies worked
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`together, everyone could benefit: all innovators could receive fair compensation for their
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`contributions, companies deploying video technology could respect other innovators’ patented
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`technologies and license them on affordable and predictable terms, and consumers could experience
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`better and more affordable video technology.
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`6.
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`In 2019, with support from widely recognized industry leaders, VideoLabs launched
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`a platform to achieve these goals. VideoLabs spent millions of dollars and thousands of hours
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`analyzing the video space and identifying the patents that reflect the innovations with the highest
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`impact. VideoLabs then compiled a portfolio of these core patents, obtaining them from leading
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`companies, including Hewlett Packard Enterprise, Alcatel-Lucent S.A., Siemens AG, Swisscom AG,
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`3Com, Panasonic, LG, and Nokia.
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`7.
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`VideoLabs then opened-up participation in its platform to all willing companies. In
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`exchange for low-cost membership or licensing fees, VideoLabs provides efficient access to its
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`aggregated patent portfolio and a commitment to seek out the most important patents in the video
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`industry and acquire them to the benefit of the industry. Many prominent companies recognized the
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`benefits of the VideoLabs platform and worked with VideoLabs to efficiently and responsibly license
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`its video technology patents.
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`8.
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`Today, VideoLabs’ licensing platform has evolved and grown significantly from the
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`early days. VideoLabs’ primary focus continues to be serving patent implementers in the broader
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`video industry by identifying, acquiring, aggregating, and licensing high-quality patents through its
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`unique collective platform and providing companies flexible licensing structures (including
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`membership) for more efficient licensing. VideoLabs has expanded its focus on serving patent
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`innovators to provide them a better path to realize fair compensation for their patents. VideoLabs also
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`works in partnership with patent owners by building and running independent licensing programs
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`specifically focused on licensing the partner’s patent portfolio as a service to them and the IP industry.
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`9.
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`To this day, VideoLabs continues to promote an efficient, respected, and balanced
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`intellectual property environment where technology companies have predictable design freedom and
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`innovators who contribute impactful patented inventions can obtain fair and just compensation. It has
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`and continues to successfully bring on many patent owners, licensees and members to its efficient
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`and equitable licensing platform. Equitable licensing dictates that all patent implementers accept their
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`responsibility to license. When one (or many) peer company(ies) elects to holdout or refuses to
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`negotiate in good faith for a license to valid patents that are infringed and enforceable, it unfairly
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`disadvantages those companies who chose to license responsibly.
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`10.
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`Unfortunately, Roku has not worked responsibly to license VideoLabs’ video
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`technology patents. Roku is one of the world’s largest users of video technologies and sells digital
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`media players, smart TVs, a streaming video service, an advertising platform, and also provides an
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`operating system platform for third-party OEMs to manufacture their own smart TVs. It is enmeshed
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`in practically every aspect of video, from creation to processing, delivery, and display.
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`11.
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`VideoLabs contacted Roku multiple times in 2019, 2020, 2021, 2022 and 2023 to offer
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`Roku the benefit of VideoLabs’ platform and to alert it to its use of VideoLabs’ patented technology.
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`Roku never responded. Accordingly, VideoLabs felt that it had no recourse but to file an action to
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`stop Roku’s unauthorized use of VideoLabs’ patents. Failure to take action would undermine the
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`equity and viability of VideoLabs’ licensing platform and permit further free riding by Roku of the
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`significant innovations of VideoLabs’ patents.
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`12.
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`This case is ultimately about ensuring the integrity of the patent system and
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`compensating patent owners for their protected innovations. Respect for intellectual property, as the
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`law requires, is essential to incentivize innovation and promote technological progress. Accordingly,
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`VideoLabs brings this action under the patent laws, 35 U.S.C. § 1 et seq., in order to stop Roku’s
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`willful infringement of U.S. Patent Nos. 7,440,559, 8,605,794, 7,233,790, 8,291,236, 8,667,304,
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`7,769,238 and 7,970,059 (collectively, “patents-in-suit”).
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`THE PARTIES
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`13.
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`VL was founded in 2018 as part of an industry-sponsored and funded effort to reduce
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`the cost and risk of technological gridlock associated with diverse patent ownership. VL’s leadership
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`has decades of experience in intellectual property licensing, during which they have completed over
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`1,000 intellectual property transactions worldwide and drawn more than $6 billion in revenue.
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`14.
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`VL is a corporation organized under the laws of the State of Delaware, with its
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`principal place of business in Palo Alto, California.
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`15.
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`16.
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`VL IP was founded in 2019 as a subsidiary of VideoLabs, Inc.
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`VL IP is a corporation organized under the laws of the State of Delaware, with its
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`principal place of business in Palo Alto, California.
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`17.
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`On information and belief, Roku is a publicly traded corporation organized and
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`existing under the laws of the State of Delaware and is registered to do business in the State of
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`Delaware. On information and belief, Roku’s headquarters are located at 1155 Coleman Ave., San
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`Jose, California 95110.
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`JURISDICTION AND VENUE
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`18.
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`This is an action for patent infringement arising under the patent laws of the United
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`States. This Court has jurisdiction over the subject matter of this action under 28 U.S.C. §§ 1331 and
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`1338(a), 15 U.S.C. § 1121, and 28 U.S.C. § 1367(a).
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`19.
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`This Court has personal jurisdiction over Roku because, on information and belief,
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`Roku conducts business in and has committed acts of patent infringement in this District and has
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`established minimum contacts with this forum state such that the exercise of jurisdiction over Roku
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`would not offend traditional notions of fair play and substantial justice. Roku is incorporated in this
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`District. On information and belief, Roku offers products and/or services, including those accused
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`herein of infringement, to customers and potential customers located in this District.
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`20.
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`Venue is proper in this Court under 28 U.S.C. §§ 1391 and 1400(b). Roku resides in
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`this District. Roku has chosen to incorporate in the state of Delaware, thereby receiving the benefits
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`offered to Delaware corporations. Roku must accordingly assume responsibilities to Delaware and
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`its citizens.
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`21.
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`Further, on information and belief, Roku has offered and sold, and continues to offer
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`and sell, its infringing products and services in this District. On information and belief, Roku makes,
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`uses, distributes, sells, and/or offers to sell the infringing products and services to consumers and
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`businesses in this District.
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`22.
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`On information and belief, Roku is a corporation with global reach and annual revenue
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`in the billions of dollars. Roku accordingly cannot reasonably claim it would be inconvenient to
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`litigate in the forum in which it is incorporated.
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`23. Moreover, litigating in this District is convenient and would serve the interests of
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`judicial economy because of related pending lawsuits in this District.2
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`THE VIDEOLABS PATENTS-IN-SUIT
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`A.
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`24.
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`U.S. Patent No. 7,440,559
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`U.S. Patent No. 7,440,559 (the “’559 patent”), titled “System and Associated
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`Terminal, Method and Computer Program Product for Controlling the Flow of Content,” issued on
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`October 21, 2008. VL IP owns all rights and title to the ’559 patent, as necessary to bring this action.
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`A true and correct copy of the ’559 patent is attached as Exhibit 1.
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`25.
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`The original assignee of the ’559 patent is Nokia Corporation, one of the largest
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`consumer electronics and information technology companies in the world at the time of the invention
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`and a major innovator of digital communications technologies. In 2003, the year in which Nokia filed
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`for patent protection for the innovations of the ’559 patent, Nokia was a world leader in mobile device
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`2 See Starz Entertainment, LLC v. VL Collective IP, LLC, 1:21-cv-01448 (D. Del. filed Oct. 13,
`2021); VideoLabs, Inc. v. Netflix Inc., 1:22-cv-00229 (D. Del. filed Feb. 23, 2022).
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`sales and technology. That year, Nokia launched its first media device, the Nokia 7700, and invested
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`nearly one billion euros in research and development.3
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`26.
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`Customers are consuming more content via streaming services, commonly referred to
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`in the industry as OTT (Over-The-Top) services, than ever before. At the same time, competition
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`among video services is increasing. The number of OTT providers is constantly growing, and
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`consumer confusion is mounting. Consumers expect the same level of innovation and development
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`for OTT video as they do for other online services, and broadcasters and content providers are under
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`constant pressure to distinguish their offerings through personalization and availability of innovative
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`apps that entice and retain customers. The management, curation and optimization of audience
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`viewing experiences across screens is becoming a core customer need, and at the same time an
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`opportunity for service differentiation.
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`27.
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`In the early 2000s, the deployment of high bit-rate mobile networks such as 3G
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`enabled the delivery of new digital services, including video calling and streaming. See, e.g.,’559
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`patent at 1:17-40. While audio could be delivered adequately using the bit rates available at the time,
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`the limited transfer rates made it difficult to handle data-intensive tasks like delivering high quality
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`full-motion video. See, e.g., id. For this and other reasons, alternative broadband delivery techniques
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`were being investigated to support the delivery of data-intensive content. As digital broadband data
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`broadcast networks evolved, there was increasing interest in combining use of mobile
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`telecommunications with a broadband delivery technique to achieve efficient delivery of digital
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`services to users on the move. But this led to new technical challenges for content providers as they
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`had to learn new techniques to efficiently deliver content to the myriad mobile devices that could
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`3 See Press Release, Nokia, Nokia Closes 2003 With Excellent Fourth Quarter, (Jan. 24, 2004), at 6,
`9, available at https://www.nokia.com/system/files/files/q4-2003-earnings-release-pdf.pdf.
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`consume broadband content over mobile networks.
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`28.
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`At the time, mobile terminals would typically download content by “pulling” it from
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`a server. See, e.g., id. at 2:25-39. This is because content providers tended to use content flow policies
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`that had been used in non-mobile networks. See id. In those cases, the content provider typically
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`maintained control over the content flow policy to the mobile terminal to enforce content access rights
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`requirements. See id. The “pull” technique was thus rooted in the industry’s established habits, which
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`ignored input from the devices consuming the content that might otherwise affect an operator’s
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`content flow policy. Such outdated content flow policies were inefficient and undesirable as
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`broadband content became accessible to mobile users everywhere and with myriad devices. When
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`controlling content sent to a mobile device, they did not take into account, for example, the user
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`preferences, terminal capabilities, previous content downloads, and/or use of previous content for that
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`device. See id. at 2:40-53.
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`29.
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`The inventors of the ’559 patent recognized that the Internet disrupted traditional
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`channels of delivering video content, such as television and cable, and that new solutions were needed
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`to optimize online video access. The ’559 patent addresses these problems, among others, by
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`describing and claiming an improved network architecture that enables efficient content access,
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`providing myriad improvements over previous means of controlling access to video. The ’559 Patent
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`addresses the disconnect between user devices and content provided by adding a separate “content
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`flow manager” that obtains status information and uses it to control the flow of content. See, e.g.,
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`’559 patent at 3:10-25. The ’559 patent describes and claims a departure from the conventional “pull”
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`technique for accessing content. For example, the ’559 patent describes giving a network entity
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`control of the flow of content to the terminal based, in part, on status information from the terminal.
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`See ’559 patent at 2:57-3:9. The addition of a content flow manager was a modification to then-
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`existing network architectures for content delivery, and its inclusion led to a variety of benefits.
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`Content flow is controlled, for example, by instructing the terminal to perform actions, such as
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`downloading pieces of content from an origin server, or other content related actions based, in part,
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`on the status information provided to the network entity from the terminal. See id. at 3:20-51. For
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`example, the content provider can control the downloading and storage of content, as well as the
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`deletion of content, at the terminal based upon status information regarding the terminal, and if so
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`desired, further based upon status information regarding a source of content, such as the digital
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`broadcast receiver, an origin server, or the like. See id. at 11:6-30. For instance, terminals can now
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`automatically be instructed to download certain content, such as when a new season of a previously
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`watched show is released. Id. at 3:1-66, 11:21-30, 12:60-13:37. As another example, content already
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`stored on a terminal can be automatically deleted, like when digital rights management (“DRM”)
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`dictates that the user no longer has access to the content, potentially due to a time or geographic
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`restriction. Id. Terminal preferences can also be matched with available advertisement content to
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`better tailor advertisements to particular users. Id. at 11:17-21. In view of the foregoing, the flow of
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`content to the terminal is more efficient since the flow of new content to the terminal is affected by
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`aspects of the terminal itself. See id. at 10:45-59.
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`B.
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`30.
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`U.S. Patent No. 8,605,794
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`U.S. Patent No. 8,605,794 (the “’794 patent”), titled “Method for Synchronizing
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`Content-Dependent Data Segments of Files,” issued on December 10, 2013. VL IP owns all rights
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`and title to the ’794 patent, as necessary to bring this action. A true and correct copy of the ’794 patent
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`is attached as Exhibit 2.
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`31.
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`The original assignee of the ’794 patent is Siemens Aktiengesellschaft (“Siemens”),
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`one of the largest consumer electronics companies at the time of the invention and a major innovator
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`in Internet technologies. In 2005 alone, the year in which Siemens filed for patent protection for the
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`inventions of the ’794 patent, Siemens invested €5.2 billion in research and development.4
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`32.
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`In the early 2000s, the inventors realized that the way that audiovisual content (e.g.,
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`television shows and movies) was transmitted to consumers was fundamentally changing. While
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`content could be stored and accessed from media such as VHS tapes and DVDs, content was
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`transmitted to consumers primarily through televisions––and had been for decades. Moreover, within
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`each global region (e.g., the United States or Europe), all television content was encoded in a single
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`formatting standard (e.g., the PAL standard in Europe and the NTSC standard in the United States)
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`that could be played by all televisions. ’794 patent at 1:23-33.
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`33.
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`But with the increasing importance of the Internet, the types of devices to which
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`content could be transmitted was proliferating. See, e.g., id. at 1:34-43. Content was now being
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`streamed to computers, laptops, PDAs, and other electronic devices. Unlike the conventional
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`televisions, which were all designed to play content formatted in the same way, these new devices
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`could play content encoded in any number of formats based on their capabilities. For example, a
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`PDA, with its limited screen resolution and processing capabilities, could not process the higher
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`quality content intended for high-resolution monitors connected to desktop computers. Additionally,
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`a computer running a Windows operating system could play different content formats than an Apple
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`computer.
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`34.
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`The varying strength of Internet connections, particularly on wireless devices, also
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`necessitated multiple content formats. For example, while a desktop computer might be capable of
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`playing high resolution content, doing so was not desirable if the Internet connection for that
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`4https://www.siemens.com/investor/pool/en/investor_relations/downloadcenter/e05_00_gb2005_13
`36469.pdf (last visited October 10, 2023).
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`computer was slow. Instead, it can be a better viewer experience for a lower quality version of the
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`content to be transmitted more quickly rather than having the user constantly waiting for higher
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`quality content to download. Content delivery companies further realized that it would be beneficial
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`to be able to change the quality of content during a stream. That is, when an Internet connection is
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`weak, send lower quality content; when the connection is strong, send higher quality content. Thus,
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`not only were different content formats necessitated by different device capabilities –– even for the
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`same device and during a single stream, but it was also advantageous to be able to vary the quality of
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`the transmitted content.
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`35.
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`Consumer expectations for the delivery of content also began to change. Whereas
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`consumers could previously only watch whatever was “on TV,” consumers increasingly began to
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`expect to watch whatever they wanted whenever they wanted, i.e., “on demand.” Consumers expected
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`content to start playing at the click of a mouse, and to be able to jump to any point in the content and
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`have playback resume immediately.
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`36.
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`These changes in technology and consumer expectations led to new techniques for
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`managing and processing audiovisual content. Content was no longer stored as a single file in a single
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`location. Instead, for example, a movie’s audio and video data was broken up into numerous
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`“segments” that might be stored on various Internet servers. These segments could be more easily
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`transmitted over the Internet to consumer devices, and content could be played as soon as the first
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`few segments were received instead of waiting until the entire file had been downloaded.
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`37.
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`Prior to the innovations of the ’794 patent, however, there was not a suitable method
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`for aligning the various audio and video segments that comprised a piece of content. The need was
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`all the greater when switching between content formats midstream (e.g., to account for changing
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`Internet bandwidth) or skipping to different points within a piece of content.
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`38.
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`Known techniques at the time would align the segments for playback using timestamp
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`information stored in each segment. Essentially, each segment included metadata indicating when in
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`the timeline of the content the segment should be played (e.g., audio content from 5 minutes and 30
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`seconds of the movie to 6 minutes and 30 seconds of the movie). Once a segment was downloaded,
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`this information would have to be read out (which could require decoding the segment), and then
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`additional processing would be needed to order this segment with the other segments. This technique
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`was rooted in the nature of the old technologies, in which viewers received content in the order it was
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`to be played, did not alternate in real time between different versions of the same content, and could
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`not selectively play different parts of the content. Disadvantageously, this technique had a large
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`overhead, and so could be slow and resource intensive. See, e.g., id. at 2:4-12, 2:36-54.
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`39.
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`The ’794 patent improves upon these timestamp-based implementations. It describes
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`a novel technique in which segments are ordered chronologically and aligned with corresponding
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`segments (e.g., aligning a video segment with the correct audio segment) using predefined assignment
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`rules. See id. at 2:36-42; 5:10-13. These assignment rules are not based on timestamps. See id. at 2:2-
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`43. Instead, they flexibly permit the alignment of segments using rules appropriate for different
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`contexts. This could include implementations in which, for example, each sequential video segment
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`is aligned with every fourth audio segment. See id. at 2:55-60; 5:35-6:42. Alternatively, the
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`assignment rules could be used to build pseudo-timelines that order and match audio and video
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`segments based on the context of the content. See id. at 6:50-60. For example, key audio and video
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`segments will align at the start of new scenes, changes in camera viewpoint, or the start of a song.
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`The assignment rules of the ’794 patent require little overhead and are thus significantly faster than
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`timestamp-based techniques while also providing more options in the management of segments. See,
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`e.g., id. at 2:4-12, 2:36-54. This flexibility enables, for example, a user to jump to a key scene in a
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`movie, and the corresponding segments to quickly be located, downloaded, and played. See id. at
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`3:20-28. This is because the context of content can be mapped to a particular segment, and then
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`assignment rules can be used to quickly identify the corresponding and subsequent segments.
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`40.
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`The assignment rules of the ’794 patent are therefore much more compact and make
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`the processing and playback of content much faster and require fewer computer and network
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`resources. As described in the ’794 patent, conventional methods require “a sizeable quantity of data”
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`and such “a large overhead” that it was “generally not made possible to synchronize different data
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`types.” Id. at 2:6-9. However, the inventions of the ’794 patent “enable[s] content-related first and
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`second data segments to be synchronized in a simple and standard-complaint manner” through use of
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`assignment rules. Id. at 2:27. The improvements described and claimed in the ’794 patent result in
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`computing benefits including, e.g., less data, less overhead, lower processing costs, flexibility, and
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`simplicity. As such, the ’794 patent is rooted in improvements to computer technology.
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`41.
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`Today, online video streaming is ubiquitous, and the ability to alter the format of
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`content mid-stream has been standardized and is known as “adaptive bitrate streaming.” There are
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`two main protocols for this type of delivery: HTTP Live Streaming (“HLS”) and Dynamic Adaptive
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`Streaming over HTTP (“DASH”). These protocols are used to stream the vast majority of online
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`video and by major streaming services.
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`42.
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`The ’794 patent is core to these technologies, which has been recognized by the video
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`technology industry. MPEG LA, which pioneered the concept of technology-specific patent pools
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`and has created and maintained patent pools that efficiently license key technologies worldwide,
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`launched a patent pool for DASH in November 2016.5 The ’794 patent was submitted for inclusion
`
`
`5 MPEG LA Releases MPEG-DASH Patent Portfolio License, MPEG LA (Nov. 17, 2016),
`https://www.mpegla.com/media/ (last visited October 10, 2023).
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`Case 1:23-cv-01136-JHS Document 18 Filed 03/08/24 Page 14 of 59 PageID #: 597
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`
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`into MPEG LA’s DASH patent pool, evaluated by MPEG LA’s patent experts, and at that time was
`
`declared as essential to using DASH to stream content. Indeed, the ’794 patent is one of just 10 U.S.
`
`patents that previously have been deemed essential to DASH, and its importance to the streaming
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`technology and foundational nature is evidenced by the fact that it has the earliest invention date of
`
`all patents in the pool. Numerous companies have taken a license to the ’794 patent to obtain the right
`
`to use its technology to implement DASH.6
`
`C.
`
`43.
`
`U.S. Patent No. 7,233,790
`
`U.S. Patent No. 7,233,790 (the “’790 patent”), titled “Device Capability Based
`
`Discovery, Packaging and Provisioning of Content for Wireless Mobile Devices,” issued on June 19,
`
`2007. The U.S. Patent Office confirmed the validity of claims 1 (as amended), 2, 4, 8 (as amended),
`
`and 9 of the ’790 patent and issued an Ex Parte Reexamination Certificate on August 11, 2023.7 VL
`
`owns all rights and title to the ’790 patent, as necessary to bring this action. A true and correct copy
`
`of the ’790 patent and Ex Parte Reexamination Certificate is attached as Exhibit 3.
`
`44.
`
`The original assignee of the ’790 patent is Openwave Systems, Inc. (“Openwave”), a
`
`leading developer of software applications for mobile devices. In the early 2000s, when the inventions
`
`of the ’790 patent were in development, Openwave’s operating system and web browser software
`
`was being installed on billions of mobile phones.8 This provided Openwave with a front seat to the
`
`many new products and services available to consumers on mobile devices.
`
`45.
`
`The TV industry has been heavily affected by the rise of video on demand (“VOD”)
`
`
`6 DASH Licensees, MPEG-LA, https://www.mpegla.com/programs/dash/licensees/ (last visited
`October 10, 2023).
`7 The remaining, duly issued and valid claims of the ’790 patent were not reexamined.
`8 Openwave Announces Mobile Browser Integration for Qualcomm’s Brew Solution, INTERNET
`ARCHIVE WAYBACK MACHINE, (Sept. 12, 2006),
`https://web.archive.org/web/20061127222501/http://www.openwave.com/us/news_room/press_rele
`ases/2006/20060912_opwv_brew_0912.htm, at 1 (last visited October 10, 2023).
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`Case 1:23-cv-01136-JHS Document 18 Filed 03/08/24 Page 15 of 59 PageID #: 598
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`and OTT services, which allow users to conveniently stream over the Internet their favorite video
`
`content and watch it at any time, in any place, and in the format that best fits their needs. Today,
`
`digital video content is available from myriad streaming services and Pay TV operators and can be
`
`consumed on an ever-growing number of different connected consumer devices.
`
`46.
`
`In the early 2000s, when digital video delivery over the Internet was in its nascent
`
`period, delivering media to large numbers of mobile users presented challenges due to the stringent
`
`requirements of streaming media, mobility, wireless, and scaling to support large numbers of users.
`
`While advances in next-generation cellular networks and wireless networks were bringing higher
`
`bandwidths to mobile users, these higher bandwidths naturally created the demand for media-rich
`
`content, which in turn created requirements for a media delivery infrastructure that could handle the
`
`challenges of streaming media, user mobility, and scaling to large numbers of users accessing content
`
`with different types of devices. Traditional content delivery techniques that had previously served the
`
`market reasonably well at the time were no longer capable of meeting current needs.
`
`47.
`
`Indeed, these techniques were rooted in the nature of the old technologies, in which
`
`content was prepared and packaged once, for distribution over a traditional broadcast medium and in
`
`a singular, conventional broadcast format. From a content supplier’s perspective, an impediment to
`
`the efficient distribution of digital content was the fact that different connected devices often required
`
`different content packaging formats and provisioning protocols. In order for the content supplier to
`
`make a given item of digital content available to multiple connected devices supporting different
`
`provisioning models, a digital content supplier would normally have to deploy that item of content
`
`multiple times, packaging it differently for each of the provisioning models. Needing to package and
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`provision digital content in a manner that is suitable for all of the connected devices in the