Case 1:24-cv-00376-MN Document 16 Filed 07/11/24 Page 1 of 21 PageID #: 281
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`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`
`ALMONDNET, INC., INTENT IQ, LLC, and
`DATONICS LLC,
`
`
`
`
`
`
`
`Plaintiffs,
`
`
`
`
`
`Case No. 24-cv-376-MN
`
`JURY TRIAL DEMANDED
`
`
`
`
`
`
`
`
`
`
`
`v.
`
`LOTAME SOLUTIONS, INC.,
`
`
`
`
`
`
`
`Defendant.
`
`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT AGAINST
`LOTAME SOLUTIONS, INC.
`
`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 Plaintiffs AlmondNet, Inc. (“AlmondNet”), Intent IQ,
`
`LLC (“Intent IQ”), and Datonics, LLC (“Datonics”) (collectively, “Plaintiffs”) make the following
`
`allegations against Defendant Lotame Solutions, Inc. (“Defendant” or “Lotame”):
`
`INTRODUCTION AND PARTIES
`
`1.
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`This complaint arises from Defendant’s unlawful infringement of the following
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`United States patents owned by Plaintiffs, which generally relate to novel internet / network based
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`advertising systems and methods: United States Patent Nos. 8,677,398, 8,589,210, 10,984,445,
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`8,775,249, and 8,494,904 (collectively, the “Asserted Patents”). Plaintiffs own all right, title, and
`
`interest in the Asserted Patents to file this case.
`
`2.
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`AlmondNet, Inc. is a corporation organized and existing under the laws of the state
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`of Delaware, having its place of business at 37-18 Northern Blvd. Suite 404, Long Island City,
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`NY, 11101. Intent IQ, LLC is a Delaware limited liability company, having its place of business
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`
`
`1
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`

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`at 37-18 Northern Blvd. Suite 404, Long Island City, NY, 11101. Datonics is a limited liability
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`company organized and existing under the laws of the state of Delaware, having its principal place
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`of business at 37-18 Northern Boulevard, Suite 404, Long Island City, New York 11101.
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`AlmondNet, Inc., Intent IQ, LLC, and Datonics LLC are collectively referred herein as the
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`“Plaintiffs.”
`
`3.
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`Founded in 1998, AlmondNet has developed an extensive suite of industry-leading
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`targeted advertising solutions and products, is focused on R&D and the licensing of its extensive
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`portfolio of enabling technology and intellectual property covering numerous areas of the targeting
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`landscape and ecosystem, including profile-based bidding, behavioral targeting, online and offline
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`data monetization, addressable advertising, and multi-platform advertising.
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`4.
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`Intent IQ is a leading company in the field of cross-device-based ad targeting,
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`retargeting, audience extension, and attribution. IIQ’s “Dynamic Device Map” identifies a given
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`user across multiple device types, including laptops, desktops, smartphones, tablets, and
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`televisions, so as to assist advertisers in delivering targeted ads to consumers on all of their screens.
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`Intent IQ can facilitate ad targeting based on profile data aggregated from activity on any of a
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`user’s screens, as well as measure the impact of previously delivered ads on the same or different
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`screen.
`
`5.
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`Datonics is a leading aggregator and distributor of highly granular search, purchase-
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`intent, and life-stage data. Datonics offers data users (including ad networks, ad exchanges,
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`demand side platforms, and publishers) pre-packaged or customized keyword-based “data
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`segments” that can facilitate the delivery of advertisements to consumers wherever they go online,
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`with the ads being focused on subjects relevant to the individual consumer yet delivered in a
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`privacy-sensitive way.
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`
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`2
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`

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`Case 1:24-cv-00376-MN Document 16 Filed 07/11/24 Page 3 of 21 PageID #: 283
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`6.
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`On information and belief, Defendant is a Delaware corporation with a principal
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`place of business at 8890 McGaw Road, Suite 250, Columbia, MD 21045. Defendant may be
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`served with process through its registered agent, the Corporation Service Company, at 251 Little
`
`Falls Drive Wilmington, Delaware 19808.
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`JURISDICTION AND VENUE
`
`7.
`
`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).
`
`8.
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`This Court has personal jurisdiction over Defendant in this action because
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`Defendant is incorporated under the laws of the state of Delaware, has committed acts within this
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`District giving rise to this action, and has established minimum contacts with this forum such that
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`the exercise of jurisdiction over Defendant would not offend traditional notions of fair play and
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`substantial justice. Defendant, directly and through subsidiaries or intermediaries, has committed
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`and continues to commit acts of infringement in this District by, among other things, importing,
`
`offering to sell, and selling products and services that infringe the Asserted Patents.
`
`9.
`
`Venue is proper in this District because Defendant is incorporated under the laws
`
`of the State of Delaware.
`
`LOTAME’S ACCUSED INSTRUMENTALITIES
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`10.
`
`As used herein, “Lotame’s Accused
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`Instrumentalities” or “Accused
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`Instrumentalities” includes without limitation Lotame’s Spherical Platform product and services
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`that provide technology, services, and tools to provide audience management, identity, and data
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`monetization services. According to Defendant’s website: “Lotame operates a platform
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`(‘Spherical Platform’) that provides technology, services, and tools to provide audience
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`3
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`

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`management, identity, and data monetization services (our ‘Services’) to our Business Customers
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`(and
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`their
`
`customers)
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`and Data Partners.” https://www.lotame.com/privacy/privacy-
`
`notices/services/.
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`11.
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`Defendant’s website further describes Lotame’s Spherical Platform product and
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`services as including Lotame’s “Audience Management Services,” “Identity Services,” and “Data
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`Monetization Services” as follows:
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`4
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`https://www.lotame.com/privacy/privacy-notices/services/.
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`12.
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`Accordingly, the Accused Instrumentalities include Lotame’s products and services
`
`described collectively as the “Spherical Platform” on Defendant’s website.
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`13.
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`For example, Defendant markets its Spherical Platform as a means for digital
`
`marketers and media owners to get “Data Empowered” to drive growth and revenue with
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`actionable customer intelligence, data informed audiences, and identity powered activation.
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`Specifically, the Spherical Platform helps Defendant’s customers onboard, unify, model, enrich,
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`and activate both known and unknown first-party data in smarter, faster, and easier ways.
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`According to Defendant’s website, this process allows helps digital marketers and media owners
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`obtain a multidimensional view of their customers, and deliver personalized messages across all
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`domains and devices.
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`5
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`Case 1:24-cv-00376-MN Document 16 Filed 07/11/24 Page 6 of 21 PagelD #: 286
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`
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`Spherical Platform
`
`Get Data Empoweredwith the leading data
`collaboration platform.
`
`Spherical helps digital marketers and media owners
`drive growth and revenue with actionable customer
`intelligence, data informed audiences, and identity
`powered activation.
`
`See Spherical in Action
`
`
`
`
`
`
`across all domains and devices.
`
`Accelerate Customer Data
`
`Whether You Have It Or Need It
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`Navigating the cookieless landscape doesn't have to be a headache. With Spherical,
`onboard, unify, model, enrich, and activate both known and unknown first-party
`data in smarter, faster, and easier ways. Our unique blend of proprietary technology,
`mature partnerships, and data expertise help digital marketers and media owners
`obtain a multidimensional view of customers, and deliver personalized messages
`
`Actionable Customer
`Intelligence
`
`Combine your knownand unknownfirst-party data — both
`online and offline — to supercharge your activation and insights
`efforts. Tap into built-in analytics to inform data collaboration
`and personalization, fuel audience growth markets, and inspire
`smarterplanning.
`
`
`
`
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`6
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`

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`Case 1:24-cv-00376-MN Document 16 Filed 07/11/24 Page 7 of 21 PageID #: 287
`Case 1:24-cv-00376-MN Document 16 Filed 07/11/24 Page 7 of 21 PagelD #: 287
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`
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`
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`Data Informed
`Audiences
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`Useflexible audience building to enrich and scale your first-
`party data. Access machine learning modeling, data
`collaboration and lookalike tools, and a trusted, global data
`marketplace for audience expansion, acquisition, and ROI.
`
`Identity Powered
`Activation
`
`Easily extend your audiences anywhere you need — campaign
`delivery, data visualization, revenue generation, and more.
`Safeguard your addressable advertising and measurement
`needs with the marketleader in identity.
`
`Our Connections
`
`View Partner Connections
`
`Interoperability is core to Lotame’s mission to create smarter, faster, and
`easier ways for digital marketers to innovate and grow using data. Connect
`with leading SSPs, DSPs, adservers, social platforms, CDPs, data
`warehouses, personalization and measurementplatforms, clean rooms,
`and more.
`
`
`
`
`
`&}>
`
`fe TEALIUM
`
`= Simon
`
`© meiro
`
`424 mparticle
`
`blueconic
`
`TREASURE DATA
`
`# rudderstack
`
`
`
`7
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`

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`https://spherical.lotame.com/.
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`14.
`
`The Accused Instrumentalities include Audience Management Services that
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`facilitate the delivery of personalized marketing, advertisements, and content by publishers and
`
`advertisers. Defendant’s business customers use its services to recognize and organize their
`
`customers or visitors to their digital properties, and to help them personalize advertisements and
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`content to their customers or visitors, such as through website and email personalization or
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`dynamic marketing and advertising optimization. Defendant’s services are also used for the
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`analytics and measurement of advertising campaign performance of Defendant’s business
`
`customers. For example, Defendant’s services can help analyze how many ads were viewed and
`
`clicked, and if the consumer purchased any of the advertiser’s products.
`
`15.
`
`The Accused Instrumentalities also include Identity Services, which enable
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`Defendant’s business customers to connect an individual’s preferences across the various browsers
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`
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`8
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`

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`and devices. Defendant’s Identity solutions allow its business customers to display targeted
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`advertisements and other personalized content of interest regardless of device.
`
`16.
`
`The Accused Instrumentalities also include Data Monetization Services that enable
`
`Lotame’s business customers and data partners to extract value from the personal data they collect.
`
`For example, Defendant touts its Data Exchange as one of the world’s largest marketplaces for
`
`third-party data and the standard for premium quality data at flexible and fair pricing, and scale
`
`that is unmatched in the industry. According to Defendant, this data is cultivated from industry
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`leading branded and unbranded data partners giving Defendant’s business customers access to over
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`a billion profiles across 30,000 behavior categories that can be leveraged for tailored advertising,
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`site optimization, custom segmentation and more to deliver the most relevant experiences to
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`individuals at every touch point. As a further example, Lotame Collaborate is a service that allows
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`its business customers to sell or share audiences created using their first party data with other
`
`companies on other AdTech Platforms.
`
`COUNT I
`
`INFRINGEMENT OF U.S. PATENT NO. 8,677,398
`
`17.
`
`Plaintiffs reallege and incorporate by reference the foregoing paragraphs as if fully
`
`set forth herein.
`
`18.
`
`Plaintiffs own all rights, title, and interest in U.S. Patent No. 8,677,398, titled
`
`“systems and methods for taking action with respect to one network-connected device based on
`
`activity on another device connected to the same network,” issued on March 18, 2014 (“the ’398
`
`patent”). A true and correct copy of the ’398 patent is attached as Exhibit 1.
`
`19.
`
`On information and belief, Defendant makes, uses, offers for sale, sells, and/or
`
`imports the Accused Instrumentalities (including Lotame’s Spherical Platform product and
`
`
`
`9
`
`

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`
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`services) that directly infringe, literally and/or under the doctrine of equivalents, one or more
`
`method claims of the ’398 patent.
`
`20.
`
`The infringement of the ’398 patent is also attributable to Defendant. Defendant
`
`and/or users of the Accused Instrumentalities directs and controls use of the Accused
`
`Instrumentalities to perform acts that result in infringement the ’398 patent, conditioning benefits
`
`on participation in the infringement and establishing the timing and manner of the infringement.
`
`21.
`
`Defendant also knowingly and intentionally induces infringement of claims of
`
`the ’398 patent in violation of 35 U.S.C. § 271(b). Through at least the filing and service of this
`
`Complaint, Defendant has had knowledge of the ’398 patent and the infringing nature of the
`
`Accused Instrumentalities. Despite this knowledge of the ’398 patent, Defendant continues to
`
`make, use, offer for sale, sell, and and/or import the Accused Instrumentalities, and to actively
`
`encourage and instruct customers and other companies to make, use, offer for sale, sell, and/or
`
`import the Accused Instrumentalities in ways that directly infringe the ’398 patent. Defendant does
`
`so intending that its customers and end users will commit these infringing acts.
`
`22.
`
`Defendant has also infringed, and continues to infringe, one or more method claims
`
`of the ’398 patent by offering to commercially distribute, commercially distributing, making,
`
`and/or importing the Accused Instrumentalities, which are used in practicing the process of the
`
`patent, and constitute a material part of the invention. Defendant has knowledge of or is willfully
`
`blind to the components in the Accused Instrumentalities being especially made or especially
`
`adapted for use in infringement of the patent, not a staple article, and not a commodity of
`
`commerce suitable for substantial noninfringing use. Accordingly, Defendant is, contributorily
`
`infringing the ’398 patent, in violation of 35 U.S.C. § 271(c).
`
`
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`10
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`

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`23.
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`The Accused Instrumentalities satisfy all claim limitations of one or more method
`
`claims of the ’398 patent. A claim chart comparing independent method claim 1 of the ’398 patent
`
`to a representative Accused Instrumentalities is attached as Exhibit 2, which is hereby incorporated
`
`by reference in its entirety.
`
`24.
`
`By making, using, offering for sale, selling and/or importing into the United States
`
`the Accused Instrumentalities, Defendant has injured Plaintiffs and is liable for infringement of
`
`the ’398 patent pursuant to 35 U.S.C. § 271.
`
`25.
`
`As a result of Defendant’s infringement of the ’398 patent, Plaintiffs are entitled to
`
`monetary damages in an amount adequate to compensate for Defendant’s infringement, but in no
`
`event less than a reasonable royalty for the use made of the invention by Defendant, together with
`
`interest and costs as fixed by the Court.
`
`26.
`
`Plaintiffs are entitled to past damages for Defendant’s infringement of the ’398
`
`patent. 35 U.S.C. § 287 does not apply to this case because Plaintiffs have only asserted method
`
`claims of the ’398 patent.
`
`27.
`
`Plaintiffs have suffered and continue to suffer irreparable harm, through its loss of
`
`market share and goodwill, for which there is no adequate remedy at law. For example, Intent IQ
`
`has and will continue to suffer this harm by virtue of Defendant’s infringement of one or more
`
`method claims of the ’398 patent. Intent IQ’s bid enhancement product allows for targeted
`
`advertising on a different site than where the profile data was collected, i.e., by providing third-
`
`party IDs in bid requests. Intent IQ’s graph product associates devices on a household level,
`
`personal level, and device level. Lotame’s identity resolution products, such as, e.g., Panorama
`
`Identity, directly compete with Intent IQ’s bid enhancement and graph products. For example,
`
`based on household level device identifier associations Lotame passes its Panorama ID for a
`
`
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`11
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`particular visitor to active SSP bid adapters so that ad exchanges and/or DSPs can more confidently
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`bid on targeted advertisements using profile data collected about a website visitor from that
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`visitor’s visit to a different site. See Ex. 2. Intent IQ’s offering of bid enhancement and device
`
`graph services is prejudiced by Defendant’s actions. For example, Defendant’s actions have
`
`interfered with and will interfere with Plaintiffs’ ability to license technology. The balance of
`
`hardships favors Intent IQ’s ability to commercialize its own ideas and technology. The public
`
`interest in allowing Intent IQ to enforce its right to exclude outweighs other public interests. A
`
`permanent injunction would not result in depriving the public of the patented invention because
`
`consumer need for the patented invention can be met by at least Intent IQ’s product offerings as
`
`well as at least one other advertising platform who has taken a license to the ’398 Patent.
`
`COUNT II
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`INFRINGEMENT OF U.S. PATENT NO. 8,589,210
`
`28.
`
`Plaintiffs reallege and incorporate by reference the foregoing paragraphs as if fully
`
`set forth herein.
`
`29.
`
`Plaintiffs own all rights, title, and interest in U.S. Patent No. 8,589,210, titled
`
`“providing collected profiles to media properties having specified interests,” issued on November
`
`19, 2013 (“the ’210 patent”). A true and correct copy of the ’210 patent is attached as Exhibit 3.
`
`30.
`
`On information and belief, Defendant makes, uses, offers for sale, sells, and/or
`
`imports the Accused Instrumentalities (including Lotame’s Spherical Platform product and
`
`services) that directly infringe, literally and/or under the doctrine of equivalents, one or more
`
`method claims of the ’210 patent.
`
`31.
`
`The infringement of the ’210 patent is also attributable to Defendant. Defendant
`
`and/or users of the Accused Instrumentalities directs and controls use of the Accused
`
`
`
`12
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`Instrumentalities to perform acts that result in infringement the ’210 patent, conditioning benefits
`
`on participation in the infringement and establishing the timing and manner of the infringement.
`
`32.
`
`Defendant also knowingly and intentionally induces infringement of claims of
`
`the ’210 patent in violation of 35 U.S.C. § 271(b). Through at least the filing and service of this
`
`Complaint, Defendant has had knowledge of the ’210 patent and the infringing nature of the
`
`Accused Instrumentalities. Despite this knowledge of the ’210 patent, Defendant continues to
`
`make, use, offer for sale, sell, and and/or import the Accused Instrumentalities, and to actively
`
`encourage and instruct customers and other companies to make, use, offer for sale, sell, and/or
`
`import the Accused Instrumentalities in ways that directly infringe the ’210 patent. Defendant does
`
`so intending that its customers and end users will commit these infringing acts.
`
`33.
`
`Defendant has also infringed, and continues to infringe, one or more method claims
`
`of the ’210 patent by offering to commercially distribute, commercially distributing, making,
`
`and/or importing the Accused Instrumentalities, which are used in practicing the process of the
`
`patent, and constitute a material part of the invention. Defendant has knowledge of or is willfully
`
`blind to the components in the Accused Instrumentalities being especially made or especially
`
`adapted for use in infringement of the patent, not a staple article, and not a commodity of
`
`commerce suitable for substantial noninfringing use. Accordingly, Defendant is, contributorily
`
`infringing the ’210 patent, in violation of 35 U.S.C. § 271(c).
`
`34.
`
`The Accused Instrumentalities satisfy all claim limitations of one or more method
`
`claims of the ’210 patent. A claim chart comparing independent method claim 1 of the ’210 patent
`
`to a representative Accused Instrumentalities is attached as Exhibit 4, which is hereby incorporated
`
`by reference in its entirety.
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`
`
`13
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`35.
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`By making, using, offering for sale, selling and/or importing into the United States
`
`the Accused Instrumentalities, Defendant has injured Plaintiffs and is liable for infringement of
`
`the ’210 patent pursuant to 35 U.S.C. § 271.
`
`36.
`
`As a result of Defendant’s infringement of the ’210 patent, Plaintiffs are entitled to
`
`monetary damages in an amount adequate to compensate for Defendant’s infringement, but in no
`
`event less than a reasonable royalty for the use made of the invention by Defendant, together with
`
`interest and costs as fixed by the Court.
`
`37.
`
`Plaintiffs are entitled to past damages for Defendant’s infringement of the ’210
`
`patent. 35 U.S.C. § 287 does not apply to this case because Plaintiffs have only asserted method
`
`claims of the ’210 patent.
`
`38.
`
`Plaintiffs have suffered and continue to suffer irreparable harm, through its loss of
`
`market share and goodwill, for which there is no adequate remedy at law. For example, Datonics
`
`has and will continue to suffer this harm by virtue of Defendant’s infringement of one or more
`
`method claims of the ’210 patent. On information and belief, the majority of Lotame’s revenues
`
`originate from demand-side platforms paying Lotame for data usage by those platforms’
`
`advertisers, and that service offered by Lotame directly competes with Datonics’ offering of pre-
`
`packaged and customized data segment services. Accordingly, Datonics’ offering of data
`
`segmentation is prejudiced by Defendant’s actions. For example, Defendant’s actions have
`
`interfered with and will interfere with Plaintiffs’ ability to license technology. The balance of
`
`hardships favors Datonics’ ability to commercialize its own ideas and technology. The public
`
`interest in allowing Datonics to enforce its right to exclude outweighs other public interests. A
`
`permanent injunction would not result in depriving the public of the patented invention because
`
`
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`14
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`consumer need for the patented invention can be met by at least Datonics’ product offerings as
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`well as at least one other advertising platform who has taken a license to the ’210 Patent.
`
`COUNT III
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`INFRINGEMENT OF U.S. PATENT NO. 10,984,445
`
`39.
`
`Plaintiffs reallege and incorporate by reference the foregoing paragraphs as if fully
`
`set forth herein.
`
`40.
`
`Plaintiffs own all rights, title, and interest in U.S. Patent No. 10,984,445, titled
`
`“providing collected profiles to media properties having specified interests,” issued on April 20,
`
`2021 (“the ’445 patent”). A true and correct copy of the ’445 patent is attached as Exhibit 5.
`
`41.
`
`On information and belief, Defendant makes, uses, offers for sale, sells, and/or
`
`imports the Accused Instrumentalities (including Lotame’s Spherical Platform product and
`
`services) that directly infringe, literally and/or under the doctrine of equivalents, one or more
`
`method claims of the ’445 patent.
`
`42.
`
`The infringement of the ’445 patent is also attributable to Defendant. Defendant
`
`and/or users of the Accused Instrumentalities directs and controls use of the Accused
`
`Instrumentalities to perform acts that result in infringement the ’445 patent, conditioning benefits
`
`on participation in the infringement and establishing the timing and manner of the infringement.
`
`43.
`
`Defendant also knowingly and intentionally induces infringement of claims of
`
`the ’445 patent in violation of 35 U.S.C. § 271(b). Through at least the filing and service of this
`
`Complaint, Defendant has had knowledge of the ’445 patent and the infringing nature of the
`
`Accused Instrumentalities. Despite this knowledge of the ’445 patent, Defendant continues to
`
`make, use, offer for sale, sell, and and/or import the Accused Instrumentalities, and to actively
`
`encourage and instruct customers and other companies to make, use, offer for sale, sell, and/or
`
`
`
`15
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`Case 1:24-cv-00376-MN Document 16 Filed 07/11/24 Page 16 of 21 PageID #: 296
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`
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`import the Accused Instrumentalities in ways that directly infringe the ’445 patent. Defendant does
`
`so intending that its customers and end users will commit these infringing acts.
`
`44.
`
`Defendant has also infringed, and continues to infringe, one or more method claims
`
`of the ’445 patent by offering to commercially distribute, commercially distributing, making,
`
`and/or importing the Accused Instrumentalities, which are used in practicing the process of the
`
`patent, and constitute a material part of the invention. Defendant has knowledge of or is willfully
`
`blind to the components in the Accused Instrumentalities being especially made or especially
`
`adapted for use in infringement of the patent, not a staple article, and not a commodity of
`
`commerce suitable for substantial noninfringing use. Accordingly, Defendant is, contributorily
`
`infringing the ’445 patent, in violation of 35 U.S.C. § 271(c).
`
`45.
`
`The Accused Instrumentalities satisfy all claim limitations of one or more method
`
`claims of the ’445 patent. A claim chart comparing independent method claim 1 of the ’445 patent
`
`to a representative Accused Instrumentalities is attached as Exhibit 6, which is hereby incorporated
`
`by reference in its entirety.
`
`46.
`
`By making, using, offering for sale, selling and/or importing into the United States
`
`the Accused Instrumentalities, Defendant has injured Plaintiffs and is liable for infringement of
`
`the ’445 patent pursuant to 35 U.S.C. § 271.
`
`47.
`
`As a result of Defendant’s infringement of the ’445 patent, Plaintiffs are entitled to
`
`monetary damages in an amount adequate to compensate for Defendant’s infringement, but in no
`
`event less than a reasonable royalty for the use made of the invention by Defendant, together with
`
`interest and costs as fixed by the Court.
`
`
`
`16
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`

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`Case 1:24-cv-00376-MN Document 16 Filed 07/11/24 Page 17 of 21 PageID #: 297
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`
`
`48.
`
`Plaintiffs are entitled to past damages for Defendant’s infringement of the ’445
`
`patent. 35 U.S.C. § 287 does not apply to this case because Plaintiffs have only asserted method
`
`claims of the ’445 patent.
`
`49.
`
`Plaintiffs have suffered and continue to suffer irreparable harm, through its loss of
`
`market share and goodwill, for which there is no adequate remedy at law. For example, Datonics
`
`has and will continue to suffer this harm by virtue of Defendant’s infringement of one or more
`
`method claims of the ’445 patent. In particular, Datonics’ pre-packaged and customized data
`
`segment services, which facilitate the delivery of advertisements to consumers wherever they go
`
`online, directly competes with Lotame’s Data Stream and Data Exchange service offerings.
`
`Additionally, Defendant’s actions have interfered with and will interfere with Plaintiffs’ ability to
`
`license technology. The balance of hardships favors Datonics’ ability to commercialize its own
`
`ideas and technology. The public interest in allowing Datonics to enforce its right to exclude
`
`outweighs other public interests. A permanent injunction would not result in depriving the public
`
`of the patented invention because consumer need for the patented invention can be met by at least
`
`Datonics’ product offerings as well as at least one other advertising platform who has taken a
`
`license to the ’445 Patent.
`
`COUNT IV
`
`INFRINGEMENT OF U.S. PATENT NO. 8,775,249
`
`50.
`
`Plaintiffs reallege and incorporates by reference the foregoing paragraphs as if fully
`
`set forth herein.
`
`51.
`
`Plaintiffs own all rights, title, and interest in U.S. Patent No. 8,775,249, titled
`
`“method, computer system, and stored program for accumulating descriptive profile data along
`
`
`
`17
`
`

`

`Case 1:24-cv-00376-MN Document 16 Filed 07/11/24 Page 18 of 21 PageID #: 298
`
`
`
`with source information for use in targeting third-party advertisements,” issued on July 8, 2014
`
`(“the ’249 patent”). A true and correct copy of the ’249 patent is attached as Exhibit 7.
`
`52.
`
`On information and belief, Defendant makes, uses, offers for sale, sells, and/or
`
`imports the Accused Instrumentalities (including Lotame’s Spherical Platform product and
`
`services) that directly infringe, literally and/or under the doctrine of equivalents, one or more
`
`method claims of the ’249 patent.
`
`53.
`
`The infringement of the ’249 patent is also attributable to Defendant. Defendant
`
`and/or users of the Accused Instrumentalities directs and controls use of the Accused
`
`Instrumentalities to perform acts that result in infringement the ’249 patent, conditioning benefits
`
`on participation in the infringement and establishing the timing and manner of the infringement.
`
`54.
`
`The Accused Instrumentalities satisfy all claim limitations of one or more method
`
`claims of the ’249 patent. A claim chart comparing independent method claim 1 of the ’249 patent
`
`to a representative Accused Instrumentalities is attached as Exhibit 8, which is hereby incorporated
`
`by reference in its entirety.
`
`55.
`
`By making, using, offering for sale, selling and/or importing into the United States
`
`the Accused Instrumentalities, Defendant has injured AlmondNet and is liable for infringement of
`
`the ’249 patent pursuant to 35 U.S.C. § 271.
`
`56.
`
`As a result of Defendant’s infringement of the ’249 patent, AlmondNet is entitled
`
`to monetary damages in an amount adequate to compensate for Defendant’s infringement, but in
`
`no event less than a reasonable royalty for the use made of the invention by Defendant, together
`
`with interest and costs as fixed by the Court.
`
`
`
`18
`
`

`

`Case 1:24-cv-00376-MN Document 16 Filed 07/11/24 Page 19 of 21 PageID #: 299
`
`
`
`57.
`
`Plaintiffs are entitled to past damages for Defendant’s infringement of the ’249
`
`patent. 35 U.S.C. § 287 does not apply to this case because Plaintiffs have only asserted method
`
`claims of the ’249 patent.
`
`COUNT IV
`
`INFRINGEMENT OF U.S. PATENT NO. 8,494,904
`
`58.
`
`Plaintiffs reallege and incorporates by reference the foregoing paragraphs as if fully
`
`set forth herein.
`
`59.
`
`Plaintiffs own all rights, title, and interest in U.S. Patent No. 8,494,904, titled
`
`“method and stored program for accumulating descriptive profile data along with source
`
`information for use in targeting third-party advertisements,” issued on July 23, 2013 (“the ’904
`
`patent”). A true and correct copy of the ’904 patent is attached as Exhibit 9.
`
`60.
`
`On information and belief, Defendant makes, uses, offers for sale, sells, and/or
`
`imports the Accused Instrumentalities (including Lotame’s Spherical Platform product and
`
`services) that directly infringe, literally and/or under the doctrine of equivalents, one or more
`
`method claims of the ’904 patent.
`
`61.
`
`The infringement of the ’904 patent is also attributable to Defendant. Defendant
`
`and/or users of the Accused Instrumentalities directs and controls use of the Accused
`
`Instrumentalities to perform acts that result in infringement the ’904 patent, conditioning benefits
`
`on participation in the infringement and establishing the timing and manner of the infringement.
`
`62.
`
`The Accused Instrumentalities satisfy all claim limitations of one or more method
`
`claims of the ’904 patent. A claim chart comparing independent method claim 1 of the ’904 patent
`
`to a representative Accused Instrumentalities is attached as Exhibit 10, which is hereby
`
`incorporated by reference in its entirety.
`
`
`
`19
`
`

`

`Case 1:24-cv-00376-MN Document 16 Filed 07/11/24 Page 20 of 21 PageID #: 300
`
`
`
`63.
`
`By making, using, offering for sale, selling and/or importing into the United States
`
`the Accused Instrumentalities, Defen