Case 1:24-cv-00831-UNA Document 1 Filed 07/18/24 Page 1 of 12 PageID #: 1
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`ALMONDNET, INC., INTENT IQ, LLC, and
`DATONICS LLC,
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`Plaintiffs,
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`Case No.
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`JURY TRIAL DEMANDED
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`v.
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`LIVEINTENT, INC.,
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`Defendant.
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`COMPLAINT FOR PATENT INFRINGEMENT AGAINST
`LIVEINTENT, INC.
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`This is an action for patent infringement arising under the Patent Laws of the United States
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`of America, 35 U.S.C. § 1 et seq., in which Plaintiffs AlmondNet, Inc. (“AlmondNet”), Intent IQ,
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`LLC (“Intent IQ”), and Datonics, LLC (“Datonics”) (collectively, “Plaintiffs”) make the following
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`allegations against Defendant LiveIntent, Inc. (“Defendant” or “LiveIntent”):
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`INTRODUCTION AND PARTIES
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`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, 8,959,146, 10,984,445,
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`and 8,494,904 (collectively, the “Asserted Patents”). Plaintiffs own all right, title, and interest in
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`the Asserted Patents to file this case.
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`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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`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.”
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`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.
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`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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`2
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`6.
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`On information and belief, LiveIntent is a Delaware corporation with a principal
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`place of business at 1 World Trade Center, 45th Floor, New York, NY 10006. LiveIntent may be
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`served with process through its registered agent, the Corporation Service Company, at 251 Little
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`Falls Drive Wilmington, Delaware 19808.
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`JURISDICTION AND VENUE
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`7.
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`This action arises under the patent laws of the United States, Title 35 of the United
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`States Code. This Court has original subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331 and
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`1338(a).
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`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,
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`offering to sell, and selling products and services that infringe the Asserted Patents.
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`9.
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`Venue is proper in this District because Defendant is incorporated under the laws
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`of the State of Delaware.
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`COUNT I
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`INFRINGEMENT OF U.S. PATENT NO. 8,677,398
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`10.
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`Plaintiffs reallege and incorporate by reference the foregoing paragraphs as if fully
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`set forth herein.
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`11.
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`Plaintiffs own all rights, title, and interest in U.S. Patent No. 8,677,398, titled
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`“systems and methods for taking action with respect to one network-connected device based on
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`3
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`activity on another device connected to the same network,” issued on March 18, 2014 (“the ’398
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`patent”). A true and correct copy of the ’398 patent is attached as Exhibit 1.
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`12.
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`On information and belief, Defendant makes, uses, offers for sale, sells, and/or
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`imports the Accused Instrumentalities (including LiveIntent’s People-Based Marketing Platform
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`product and services) that directly infringe, literally and/or under the doctrine of equivalents, one
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`or more method claims of the ’398 patent.
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`13.
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`The infringement of the ’398 patent is also attributable to Defendant. Defendant
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`and/or users of the Accused Instrumentalities directs and controls use of the Accused
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`Instrumentalities to perform acts that result in infringement the ’398 patent, conditioning benefits
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`on participation in the infringement and establishing the timing and manner of the infringement.
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`14.
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`Defendant also knowingly and intentionally induces infringement of one or more
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`method claims of the ’398 patent in violation of 35 U.S.C. § 271(b). Through at least the filing and
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`service of this Complaint, Defendant has had knowledge of the ’398 patent and the infringing
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`nature of the Accused Instrumentalities. Despite this knowledge of the ’398 patent, Defendant
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`continues to make, use, offer for sale, sell, and and/or import the Accused Instrumentalities, and
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`to actively encourage and instruct customers and other companies to make, use, offer for sale, sell,
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`and/or import the Accused Instrumentalities in ways that directly infringe the ’398 patent.
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`Defendant does so intending that its customers and end users will commit these infringing acts.
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`15.
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`Defendant has also infringed, and continues to infringe, one or more method claims
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`of the ’398 patent by offering to commercially distribute, commercially distributing, making,
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`and/or importing the Accused Instrumentalities, which are used in practicing the process of the
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`patent, and constitute a material part of the invention. Defendant has knowledge of or is willfully
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`blind to the components in the Accused Instrumentalities being especially made or especially
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`4
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`adapted for use in infringement of the patent, not a staple article, and not a commodity of
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`commerce suitable for substantial noninfringing use. Accordingly, Defendant is, contributorily
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`infringing the ’398 patent, in violation of 35 U.S.C. § 271(c).
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`16.
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`The Accused Instrumentalities satisfy all claim limitations of one or more method
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`claims of the ’398 patent. A claim chart comparing independent method claim 1 of the ’398 patent
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`to a representative Accused Instrumentalities is attached as Exhibit 2, which is hereby incorporated
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`by reference in its entirety.
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`17.
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`By making, using, offering for sale, selling and/or importing into the United States
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`the Accused Instrumentalities, Defendant has injured Plaintiffs and is liable for infringement of
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`the ’398 patent pursuant to 35 U.S.C. § 271.
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`18.
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`As a result of Defendant’s infringement of the ’398 patent, Plaintiffs are entitled to
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`monetary damages in an amount adequate to compensate for Defendant’s infringement, but in no
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`event less than a reasonable royalty for the use made of the invention by Defendant, together with
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`interest and costs as fixed by the Court.
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`19.
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`Plaintiffs are entitled to past damages for Defendant’s infringement of the ’398
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`patent. 35 U.S.C. § 287 does not apply to this case because Plaintiffs have only asserted method
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`claims of the ’398 patent.
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`20.
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`Plaintiffs have suffered and continue to suffer irreparable harm, through its loss of
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`market share and goodwill, for which there is no adequate remedy at law. For example, Intent IQ
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`has and will continue to suffer this harm by virtue of Defendant’s infringement of one or more
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`method claims of the ’398 patent. Intent IQ’s bid enhancement product allows for targeted
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`advertising on a different site than where the profile data was collected, i.e., by providing third-
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`party IDs in bid requests. Intent IQ’s graph product associates devices on a household level,
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`5
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`personal level, and device level. LiveIntent’s People-Based Marketing Platform products and
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`services, such as, e.g., the LiveIntent Identity Graph and Identity Module, directly compete with
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`Intent IQ’s bid enhancement and graph products. For example, based on household level device
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`identifier associations LiveIntent sends an identifier (e.g., the LiveIntent nonID, SSP cookie ID,
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`and/or DSP cookie ID) for a particular visitor to a LiveIntent header bidding partner so that ad
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`exchanges and/or DSPs can more confidently bid on targeted advertisements using profile data
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`collected about a website visitor from that visitor’s visit to a different site. See Ex. 2. Intent IQ’s
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`offering of bid enhancement and device graph services is prejudiced by Defendant’s actions. For
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`example, Defendant’s actions have interfered with and will interfere with Plaintiffs’ ability to
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`license technology. The balance of hardships favors Intent IQ’s ability to commercialize its own
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`ideas and technology. The public interest in allowing Intent IQ to enforce its right to exclude
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`outweighs other public interests. A permanent injunction would not result in depriving the public
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`of the patented invention because consumer need for the patented invention can be met by at least
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`Intent IQ’s product offerings.
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`COUNT II
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`INFRINGEMENT OF U.S. PATENT NO. 8,959,146
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`21.
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`Plaintiffs reallege and incorporate by reference the foregoing paragraphs as if fully
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`set forth herein.
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`22.
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`Plaintiffs own all rights, title, and interest in U.S. Patent No. 8,959,146, titled
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`“media properties selection method and system based on expected profit from profile-based ad
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`delivery,” issued on February 17, 2015 (“the ’146 patent”). A true and correct copy of the ’146
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`patent is attached as Exhibit 3.
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`6
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`23.
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`On information and belief, Defendant makes, uses, offers for sale, sells, and/or
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`imports the Accused Instrumentalities (including LiveIntent’s People-Based Marketing Platform
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`product and services) that directly infringe, literally and/or under the doctrine of equivalents, one
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`or more method claims of the ’146 patent.
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`24.
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`The infringement of the ’146 patent is also attributable to Defendant. Defendant
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`and/or users of the Accused Instrumentalities directs and controls use of the Accused
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`Instrumentalities to perform acts that result in infringement the ’146 patent, conditioning benefits
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`on participation in the infringement and establishing the timing and manner of the infringement.
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`25.
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`The Accused Instrumentalities satisfy all claim limitations of one or more method
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`claims of the ’146 patent. A claim chart comparing independent method claim 1 of the ’146 patent
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`to a representative Accused Instrumentalities is attached as Exhibit 4, which is hereby incorporated
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`by reference in its entirety.
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`26.
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`By making, using, offering for sale, selling and/or importing into the United States
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`the Accused Instrumentalities, Defendant has injured Plaintiffs and is liable for infringement of
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`the ’146 patent pursuant to 35 U.S.C. § 271.
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`27.
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`As a result of Defendant’s infringement of the ’146 patent, Plaintiffs are entitled to
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`monetary damages in an amount adequate to compensate for Defendant’s infringement, but in no
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`event less than a reasonable royalty for the use made of the invention by Defendant, together with
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`interest and costs as fixed by the Court.
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`28.
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`Plaintiffs are entitled to past damages for Defendant’s infringement of the ’146
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`patent. 35 U.S.C. § 287 does not apply to this case because Plaintiffs have only asserted method
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`claims of the ’146 patent.
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`7
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`COUNT III
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`INFRINGEMENT OF U.S. PATENT NO. 10,984,445
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`29.
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`Plaintiffs reallege and incorporate by reference the foregoing paragraphs as if fully
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`set forth herein.
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`30.
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`Plaintiffs own all rights, title, and interest in U.S. Patent No. 10,984,445, titled
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`“providing collected profiles to media properties having specified interests,” issued on April 20,
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`2021 (“the ’445 patent”). A true and correct copy of the ’445 patent is attached as Exhibit 5.
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`31.
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`On information and belief, Defendant makes, uses, offers for sale, sells, and/or
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`imports the Accused Instrumentalities (including LiveIntent’s People-Based Marketing Platform
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`product and services) that directly infringe, literally and/or under the doctrine of equivalents, one
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`or more method claims of the ’445 patent.
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`32.
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`The infringement of the ’445 patent is also attributable to Defendant. Defendant
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`and/or users of the Accused Instrumentalities directs and controls use of the Accused
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`Instrumentalities to perform acts that result in infringement the ’445 patent, conditioning benefits
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`on participation in the infringement and establishing the timing and manner of the infringement.
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`33.
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`The Accused Instrumentalities satisfy all claim limitations of one or more method
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`claims of the ’445 patent. A claim chart comparing independent method claim 1 of the ’445 patent
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`to a representative Accused Instrumentalities is attached as Exhibit 6, which is hereby incorporated
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`by reference in its entirety.
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`34.
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`By making, using, offering for sale, selling and/or importing into the United States
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`the Accused Instrumentalities, Defendant has injured Plaintiffs and is liable for infringement of
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`the ’445 patent pursuant to 35 U.S.C. § 271.
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`8
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`35.
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`As a result of Defendant’s infringement of the ’445 patent, Plaintiffs are entitled to
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`monetary damages in an amount adequate to compensate for Defendant’s infringement, but in no
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`event less than a reasonable royalty for the use made of the invention by Defendant, together with
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`interest and costs as fixed by the Court.
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`36.
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`Plaintiffs are entitled to past damages for Defendant’s infringement of the ’445
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`patent. 35 U.S.C. § 287 does not apply to this case because Plaintiffs have only asserted method
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`claims of the ’445 patent.
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`37.
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`Plaintiffs have suffered and continue to suffer irreparable harm, through its loss of
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`market share and goodwill, for which there is no adequate remedy at law. For example, Datonics
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`has and will continue to suffer this harm by virtue of Defendant’s infringement of one or more
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`method claims of the ’445 patent. In particular, Datonics’ pre-packaged and customized data
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`segment services, which facilitate the delivery of advertisements to consumers wherever they go
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`online, directly competes with components of LiveIntent’s People-Based Marketing Platform,
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`such as, e.g., LiveIntent’s Audience Manager and LiveIntent DSP. For example, the LiveIntent
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`DSP (together with LiveIntent’s Audience Manager) cause the delivery of email advertisements
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`using a hashed email address for a particular consumer as well as profile information linked to the
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`hashed email address, which LiveIntent has collected from a profile owner computer (such as, e.g.,
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`a computer operated by Oracle). See Ex. 6. Additionally, Defendant’s actions have interfered with
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`and will interfere with Plaintiffs’ ability to license technology. The balance of hardships favors
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`Datonics’ ability to commercialize its own ideas and technology. The public interest in allowing
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`Datonics to enforce its right to exclude outweighs other public interests. A permanent injunction
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`would not result in depriving the public of the patented invention because consumer need for the
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`9
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`patented invention can be met by at least Datonics’ product offerings as well as at least one other
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`advertising platform who has taken a license to the ’445 Patent.
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`COUNT IV
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`INFRINGEMENT OF U.S. PATENT NO. 8,494,904
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`38.
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`Plaintiffs reallege and incorporates by reference the foregoing paragraphs as if fully
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`set forth herein.
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`39.
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`Plaintiffs own all rights, title, and interest in U.S. Patent No. 8,494,904, titled
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`“method and stored program for accumulating descriptive profile data along with source
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`information for use in targeting third-party advertisements,” issued on July 23, 2013 (“the ’904
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`patent”). A true and correct copy of the ’904 patent is attached as Exhibit 7.
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`40.
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`On information and belief, Defendant makes, uses, offers for sale, sells, and/or
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`imports the Accused Instrumentalities (including LiveIntent’s People-Based Marketing Platform
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`product and services) that directly infringe, literally and/or under the doctrine of equivalents, one
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`or more method claims of the ’904 patent.
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`41.
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`The infringement of the ’904 patent is also attributable to Defendant. Defendant
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`and/or users of the Accused Instrumentalities directs and controls use of the Accused
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`Instrumentalities to perform acts that result in infringement the ’904 patent, conditioning benefits
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`on participation in the infringement and establishing the timing and manner of the infringement.
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`42.
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`The Accused Instrumentalities satisfy all claim limitations of one or more method
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`claims of the ’904 patent. A claim chart comparing independent method claim 1 of the ’904 patent
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`to a representative Accused Instrumentalities is attached as Exhibit 8, which is hereby incorporated
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`by reference in its entirety.
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`10
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`43.
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`By making, using, offering for sale, selling and/or importing into the United States
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`the Accused Instrumentalities, Defendant has injured AlmondNet and is liable for infringement of
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`the ’904 patent pursuant to 35 U.S.C. § 271.
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`44.
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`As a result of Defendant’s infringement of the ’904 patent, AlmondNet is entitled
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`to monetary damages in an amount adequate to compensate for Defendant’s infringement, but in
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`no event less than a reasonable royalty for the use made of the invention by Defendant, together
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`with interest and costs as fixed by the Court.
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`45.
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`Plaintiffs are entitled to past damages for Defendant’s infringement of the ’904
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`patent. 35 U.S.C. § 287 does not apply to this case because Plaintiffs have only asserted method
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`claims of the ’904 patent.
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`PRAYER FOR RELIEF
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`WHEREFORE, Plaintiffs respectfully request that this Court enter:
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`a.
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`b.
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`c.
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`A judgment in favor of Plaintiffs that Defendant has infringed, either literally and/or
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`under the doctrine of equivalents, each of the Asserted Patents;
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`A permanent injunction prohibiting Defendant from further acts of infringement of
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`the ’398 patent and ’445 patent;
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`A judgment and order requiring Defendant to pay Plaintiffs their damages, costs,
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`expenses, and pre-judgment and post-judgment
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`interest for Defendant’s
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`infringement of the Asserted Patents;
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`d.
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`A judgment and order requiring Defendant to provide an accounting and to pay
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`supplemental damages to Plaintiffs, including without limitation, pre-judgment and
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`post-judgment interest;
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`e.
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`A judgment and order finding that this is an exceptional case within the meaning
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`11
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`of 35 U.S.C. § 285 and awarding to Plaintiffs their reasonable attorneys’ fees
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`against Defendant; and
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`f.
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`Any and all other relief as the Court may deem appropriate and just under the
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`circumstances.
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`DEMAND FOR JURY TRIAL
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`Plaintiffs, under Rule 38 of the Federal Rules of Civil Procedure, request a trial by jury of
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`any issues so triable by right.
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`Respectfully submitted,
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`FARNAN LLP
`
`/s/ Michael J. Farnan
`Brian E. Farnan (Bar No. 4089)
`Michael J. Farnan (Bar No. 5165)
`919 North Market Street, 12th Floor
`Wilmington, DE 19801
`(302) 777-0300
`bfarnan@farnanlaw.com
`mfarnan@farnanlaw.com
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`Attorneys for Plaintiffs
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`Dated: July 18, 2024
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`Of Counsel:
`
`Reza Mirzaie
`James Milkey
`Amy Hayden
`James Tsuei
`Jonathan Ma
`Daniel Kolko
`RUSS AUGUST & KABAT
`12424 Wilshire Boulevard 12th Floor
`Los Angeles, California 90025
`Tel: 310-826-7474
`Fax: 310-826-6991
`rmirzaie@raklaw.com
`jmilkey@raklaw.com
`ahayden@raklaw.com
`jtsuei@raklaw.com
`jma@raklaw.com
`dkolko@raklaw.com
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`12
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