Case 3:12-cv-00530-HEH Document 1 Filed 07/20/12 Page 1 of 17 PageID# 1
`Case 3:12-cv-OO530—HEH Document 1
`Filed 07/20/12 Page 1 of 17 Page|D# 1
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`UNITED STATES DISTRICT COURT
`
`EASTERN DISTRICT OF VIRGINIA
`
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`Plaintiff,
`
`V.
`
`Case No. 3 I 19. c V. D535 -1015“
`
`MOAT INC.
`
`JURY TRIAL DEMANDED
`
`Defendants.
`............................................................ --x
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`Plaintiff comScore, Inc. (“comscore”) brings this action against defendant Moat lnc.,
`
`formerly known as SAGG, LLC (“Moat”), and hereby alleges as follows:
`
`703-218-2100
`
`THE PARTIES
`
`1.
`
`comScore is a corporation organized and existing under the laws of Delaware
`
`having a principal place of business at 1 1950 Democracy Drive, Suite 600, Reston, VA 20190.
`
`2.
`
`Moat is a corporation organized and existing under the laws of Delaware having a
`
`principal place of business at 228 Park Avenue South, Suite 17953, New York, NY 10003.
`
`JURISDICTION AND VENUE
`
`3.
`
`This action arises under the Patent Laws of the United States, 35 U.S.C. §1, e_t Lq,
`
`M This Court accordingly hasjurisdiction pursuant to 28 U.S.C. §§133l and 1338(a).
`
`4.
`
`This Court has personal jurisdiction over Moat. Upon information and belief, Moat
`
`does business in the Commonwealth ofVirginia and this District, contracts to supply goods or
`
`services within the Commonwealth of Virginia and this District, has continuous and systematic
`
`
`
`9302LeeHighway,Suite1100Fairfax,VA220314214
`
`
`
`
`
`OdinEFeldmanPittlemann»
`
`RICHMOND. VA
`
`CLERK. U.S. DISTRICT COURT
`
`

`

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`business contacts within the Commonwealth of Virginia and this District, derives substantial
`
`revenue from interstate commerce from goods used or services rendered in the Commonwealth of
`
`Virginia and this District and commits and has committed acts of patent infringement either within
`
`the Commonwealth of Virginia and this District, or outside the Commonwealth of Virginia and
`
`this District with a reasonable expectation that such acts would have consequences within the
`
`Commonwealth of Virginia and this District.
`
`5.
`
`Venue is proper in this judicial district pursuant to 28 U.S.C. §§ 139l(b) and (c)
`
`and 28 U.S.C. §§ 1400(b).
`
`FACTS COMMON TO ALL COUNTS
`
`6.
`
`On August 22, 2000, U.S. Patent No. 6,108,637 (the ‘“637 patent”), entitled
`
`“Content display monitor,” a copy of which is attached hereto as Exhibit A, was duly and legally
`
`issued to Trevor Blumenau. comScore is the owner by assignment of the ‘637 patent.
`
`7.
`
`On September 5, 2000, U.S. Patent No.‘ 6,1 15,680 (the “’680 patent”), entitled
`
`“Computer use meter and analyzer,” a copy of which is attached hereto as Exhibit B, was duly and
`
`legally issued to Steven R. Coffey, ga_l_.. comScore is the owner by assignment of the ‘680 patent.
`
`8.
`
`On December 4, 2001, U.S. Patent No. 6,327,619 (the “‘619 patent”), entitled
`
`“Metering of intemet content using a control,” a copy of which is attached hereto as Exhibit C, was
`
`duly and legally issued to Trevor Blumenau. comScore is the owner by assignment of the ‘619
`
`patent.
`
`9.
`
`On July 9, 2002, U.S. Patent No. 6,418,470 (the ‘“470 patent”), entitled “Metering
`
`of internet content using a control,” a copy of which is attached hereto as Exhibit D, was duly and
`
`legally issued to Trevor Blumenau. comScore is the owner by assignment of the ‘470 patent.
`
`
`
`9302LeeHighway,Suite1100Fairfax.VA22031-12147037182100
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`
`
`
`
`OdinFeldmanPittlcmanPf
`
`

`

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`10.
`
`On June 10, 2008, U.S. Patent No. 7,386,473 (the “‘473 patent”), entitled “Content
`
`display monitoring by a processing system,” a copy of which is attached hereto as Exhibit E, was
`
`duly and legally issued to Trevor Blumenau. comScore is the owner by assignment of the ‘473
`
`patent.
`
`1 1.
`
`On November 3, 2009, U.S. Patent No. 7,613,635 (the ‘“635 patent”), entitled
`
`“Content display monitor,” a copy of which is attached hereto as Exhibit F, was duly and legally
`
`issued to Trevor Blumenau. comScore is the owner by assignment of the ‘635 patent.
`
`12.
`
`On May 11, 2010, U.S. Patent No. 7,716,326 (the “‘326 patent”), entitled “Content
`
`display monitor,” a copy of which is attached hereto as Exhibit G, was duly and legally issued to
`
`Trevor Blumenau. comScore is the owner by assignment of the ‘326 patent.
`
`13.
`
`On July 13, 2010, U.S. Patent No. 7,756,974 (the ‘“974 patent”), entitled “Content
`
`display monitor,” a copy of which is attached hereto as Exhibit I-I, was duly and legally issued to
`
`Trevor Blumenau. comScore is the owner by assignment of the ‘974 patent.
`
`14.
`
`Moat provides products and services, including but not limited to the Brand
`
`Analytics and Ad Search products and services, for gathering information regarding the manner in
`
`which content transferred over the Internet such as webpages and advertisements are displayed, as
`
`well as how end users view and interact with such content.
`
`15.
`
`Upon information and belief, Moat contracts and/or partners with web site operators
`
`and publishers, advertisers, and/or advertisement distributors (“Content Providers”) to distribute
`
`executable code to monitor, measure and collect data related to content displayed on end user
`
`devices and end user interaction with such content, to generate metrics from such collected data,
`
`and to generate reports from such metrics.
`
`
`
`9302LeeHighway.Suilc1100Fairfax.VA22031-12147032182100
`
`
`
`
`
`OdinFeldmanPittlemanPC
`
`

`

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`COUNT l
`
`Infringement of United States Patent No. 6,108,637
`
`16.
`
`comScore repeats the allegations contained in paragraphs l — 15 as though fully
`
`set forth herein.
`
`17.
`
`Moat has in the past infringed and continues to infringe the ‘637 patent, directly
`
`and/or by contributory infringement and/or by inducement of infringement, by making, using,
`
`selling and/or offering to sell, in thisjudicial district and elsewhere in the United States, products
`
`and services, which embody the patented invention of the ‘637 patent.
`
`18.
`
`Moat’s infringement includes, but is not limited to, the manufacture, use, sale,
`
`importation and/or offer for sale of software products and services, including but not limited to
`
`the Brand Analytics and Ad Search products and services, for gathering information on how
`
`users view and interact with content transferred over the lntemet, which embody the patented
`
`i
`
`invention of the ‘637 patent.
`
`19.
`
`Pursuant to 35 U.S.C. § 271, Moat is liable for (i) direct infringement of the ‘637
`
`patent by having made, used, sold or offered to sell and continuing to make, use, sell and/or offer
`
`to sell the software products and services, including but not limited to the Brand Analytics and
`
`Ad Search products and services, for gathering information regarding the display of content such
`
`as webpages and advertisements transferred over the Internet and end-user interaction with such
`
`I
`
`content; (ii) contributory infringement of the ‘637 patent by having sold or offered to sell and
`
`continuing to sell or offer to sell a material component of the invention embodied in the ‘637
`
`patent, which is especially made or adapted for use in infringing the ‘637 patent and which is not
`
`suitable for any substantial non-infringing use, in order to provide software products and services
`
`to Content Providers for gathering information regarding the display of content transferred over
`
`
`
`9302LeeHighway,Suite1100Fairfax.VA2203142147032182100
`
`
`
`
`
`FeldmanPittlemanPC
`
`Odin
`
`A
`
`

`

`l
`
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`the Internet and end user interaction with such content, and having knowledge that the ‘637
`
`patent was/is being directly infringed by Content Providers and end users; and (iii) inducement of
`
`infringement by having knowingly caused or intended to cause and continuing to knowingly
`
`cause or intend to cause the direct infringement of the ‘637 patent by Content Providers or end
`
`users for gathering information regarding the display of content transferred over the lntemet and
`
`end user interaction with such content.
`
`20.
`
`As a result of Moat’s acts of infringement of the ‘637 patent, comScore has
`
`suffered injury to its business and property in an amount to be determined as damages, and will
`
`continue to suffer damages in the future.
`
`21.
`
`Unless an injunction is issued enjoining Moat and their officers, agents, servants,
`
`employees and attorneys, and all those persons in active concert or participation with them from
`
`infringing the ‘637 patent, comScore will be irreparably harmed.
`
`COUNT II
`
`Infringement of United States Patent No. 6,115,680
`
`22.
`
`comScore repeats the allegations contained in paragraphs 1 — 21 as though fiilly
`
`set forth herein.
`
`23.
`
`Moat has in the past infringed and continues to infringe the ‘680 patent, directly
`
`and/or by contributory infringement and/or by inducement of infringement, by making, using,
`
`selling and/or offering to sell, in this judicial district and elsewhere in the United States, products
`
`and services, which embody the patented invention of the ‘680 patent.
`
`24.
`
`Moat’s infringement includes, but is not limited to, the manufacture, use, sale,
`
`importation and/or offer for sale of software products and services, including but not limited to
`
`the Brand Analytics and Ad Search products and services, for gathering information on how
`
`
`
`9302LeeHighway.Suite1100Fairfax,VA2203142147032182100
`
`
`
`
`
`OdiniFeldmanPittlemanPC
`
`

`

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`users view and interact with content transferred over the Internet, which embody the patented
`
`invention of the ‘680 patent.
`
`25.
`
`Pursuant to 35 U.S.C. § 271, Moat is liable for (i) direct infringement of the ‘680
`
`patent by having made, used, sold or offered to sell and continuing to make, use, sell and/or offer
`
`to sell the software products and services, including but not limited to the Brand Analytics and
`
`Ad Search products and services, for gathering information regarding the display of content such
`
`as webpages and advertisements transferred over the Internet and end-user interaction with such
`
`content; (ii) contributory infringement of the ‘680 patent by having sold or offered to sell and
`
`continuing to sell or offer to sell a material component of the invention embodied in the ‘680
`
`patent, which is especially made or adapted for use in infringing the ‘680 patent and which is not
`
`suitable for any substantial non-infringing use, in order to provide software products and services
`
`to Content Providers for gathering information regarding the display of content transferred over
`
`the Internet and end user interaction with such content, and having knowledge that the ‘680
`
`patent was/is being directly infringed by Content Providers and end users; and (iii) inducement of
`
`703~218-2100
`
`infringement by having knowingly caused or intended to cause and continuing to knowingly
`
`cause or intend to cause the direct infringement of the ‘680 patent by Content Providers or end
`
`users for gathering information regarding the display of content transferred over the Internet and
`
`end user interaction with such content.
`
`26.
`
`As a result of Moat’s acts of infringement of the ‘680 patent, comScore has
`
`suffered injury to its business and property in an amount to be determined as damages, and will
`
`continue to suffer damages in the future.
`
`27.
`
`Unless an injunction is issued enjoining Moat and their officers, agents, servants,
`
`employees and attorneys, and all those persons in active concert or participation with them from
`
`
`
`9302LeeHighway,Suite1100Fairfax,VA22031-1214
`
`
`
`
`
`OdinFeldmanPittleman1-c
`
`

`

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`infringing the ‘68O patent, comScore will be irreparably harmed.
`
`COUNT III
`
`Infringement of United States Patent No. 6,327,619
`
`28.
`
`comScore repeats the allegations contained in paragraphs 1 — 27 as though fully
`
`set forth herein.
`
`29.
`
`Moat has in the past infringed and continues to infringe the ‘6l9 patent, directly
`
`and/or by contributory infringement and/or by inducement of infringement, by making, using,
`
`selling and/or offering to sell, in thisjudicial district and elsewhere in the United States, products
`
`and services, which embody the patented invention of the ‘619 patent.
`
`30.
`
`Moat’s infringement includes, but is not limited to, the manufacture, use, sale,
`
`importation and/or offer for sale of software products and services, including but not limited to
`
`703-218-2100
`
`the Brand Analytics and Ad Search products and services, for gathering information on how
`
`users view and interact with content transferred over the Internet, which embody the patented
`
`invention of the ‘61 9 patent.
`
`31.
`
`Pursuant to 35 U.S.C. § 271, Moat is liable for (i) direct infringement of the ‘6l9
`
`patent by having made, used, sold or offered to sell and continuing to make, use, sell and/or offer
`
`to sell the software products and services, including but not limited to the Brand Analytics and
`
`Ad Search products and services, for gathering information regarding the display of content such
`
`as webpages and advertisements transferred over the Internet and end-user interaction with such
`
`content; (ii) contributory infringement of the ‘61 9 patent by having sold or offered to sell and
`
`continuing to sell or offer to sell a material component of the invention embodied in the ‘619
`
`patent, which is especially made or adapted for use in infringing the ‘619 patent and which is not
`
`suitable for any substantial non-infringing use, in order to provide sofiware products and services
`
`
`
`9302LeeHighway,Suite1100Fairfax,VA22031-1214
`
`
`
`
`
`OdinFeldmanPittlemann~
`
`

`

`Case 3:12-cv-00530-HEH Document 1 Filed 07/20/12 Page 8 of 17 PageID# 8
`Case 3:12—cv—OO530-HEH Document 1
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`to Content Providers for gathering information regarding the display of content transferred over
`
`the Internet and end-user interaction with such content, and having knowledge that the ‘619
`
`patent was/is being directly infringed by Content Providers and end users; and (iii) inducement of
`
`infringement by having knowingly caused or intended to cause and continuing to knowingly
`
`cause or intend to cause the direct infringement of the ‘619 patent by Content Providers or end
`
`users for gathering information regarding the display of content transferred over the Internet and
`
`end-user interaction with such content.
`
`32.
`
`As a result of Moat’s acts of infringement of the ‘619 patent, comScore has
`
`suffered injury to its business and property in an amount to be determined as damages, and will
`
`continue to suffer damages in the future.
`
`33.
`
`Unless an injunction is issued enjoining Moat and their officers, agents, servants,
`
`employees and attorneys, and all those persons in active concert or participation with them from
`
`infringing the ‘6l 9 patent, comScore will be irreparably harmed.
`
`703-2182100
`
`COUNT IV
`
`Infringement of United States Patent No. 6,418,470
`
`34.
`
`comScore repeats the allegations contained in paragraphs 1 — 33 as though fully
`
`set forth herein.
`
`35.
`
`Moat has in the past infringed and continues to infringe the ‘470 patent, directly
`
`and/or by contributory infringement and/or by inducement of infringement, by making, using,
`
`selling and/or offering to sell, in thisjudicial district and elsewhere in the United States, products
`
`and services, which embody the patented invention of the ‘47O patent.
`
`36.
`
`Moat’s infringement includes, but is not limited to, the manufacture, use, sale,
`
`importation and/or offer for sale of software products and services, including but not limited to
`
`
`
`9302LeeHighway,Suite1100Fairfax,VA22031-1214
`
`
`
`
`
`OdinFeldmanPittlemanwe
`
`

`

`Case 3:12-cv-00530-HEH Document 1 Filed 07/20/12 Page 9 of 17 PageID# 9
`Case 3:12—cv—OO530-HEH Document 1
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`the Brand Analytics and Ad Search products and services, for gathering information on how
`
`users view and interact with content transferred over the Internet, which embody the patented
`
`invention of the ‘470 patent.
`
`37.
`
`Pursuant to 35 U.S.C. § 271, Moat is liable for (i) direct infringement of the ‘470
`
`patent by having made, used, sold or offered to sell and continuing to make, use, sell and/or offer
`
`to sell the software products and services, including but not limited to the Brand Analytics and
`
`Ad Search products and services, for gathering information regarding the display of content such
`
`as webpages and advertisements transferred over the Internet and end-user interaction with such
`
`content; (ii) contributory infringement of the ‘470 patent by having sold or offered to sell and
`
`continuing to sell or offer to sell a material component of the invention embodied in the ‘470
`
`patent, which is especially made or adapted for use in infringing the ‘6l9 patent and which is not
`
`703-2‘|8~2100
`
`suitable for any substantial non-infringing use, in order to provide software products and services
`
`to Content Providers for gathering information regarding the display of content transferred over
`
`the Internet and end-user interaction with such content, and having knowledge that the ‘470
`
`patent was/is being directly infringed by Content Providers and end users; and (iii) inducement of
`
`infringement by having knowingly caused or intended to cause and continuing to knowingly
`
`cause or intend to cause the direct infringement of the ‘470 patent by Content Providers or end
`
`users for gathering information regarding the display of content transferred over the Internet and
`
`end-user interaction with such content.
`
`38.
`
`As a result of Moat’s acts ofinfringement of the ‘470 patent, comScore has
`
`suffered injury to its business and property in an amount to be determined as damages, and will
`
`continue to suffer damages in the future.
`
`39.
`
`Unless an injunction is issued enjoining Moat and their officers, agents, servants,
`
`
`
`9302LeeHighway.Suite1100Fairfax,VA22031-1214
`
`
`
`
`
`OdinFeldmanPittlemanm:
`
`

`

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`employees and attorneys, and all those persons in active concert or participation with them from
`
`infringing the ‘470 patent, comScore will be irreparably harmed.
`
`COUNT V
`
`Infringement of United States Patent No. 7,§86,473
`
`40.
`
`comScore repeats the allegations contained in paragraphs 1 — 39 as though fully
`
`set forth herein.
`
`41.
`
`Moat has in the past infringed and continues to infringe the ‘473 patent, directly
`
`and/or by contributory infringement and/or by inducement of infringement, by making, using,
`
`selling and/or offering to sell, in thisjudicial district and elsewhere in the United States, products
`
`and services, which embody the patented invention of the ‘473 patent.
`
`42.
`
`Moat’s infringement includes, but is not limited to, the manufacture, use, sale,
`
`importation and/or offer for sale of sofiware products and services, including but not limited to
`
`the Brand Analytics and Ad Search products and services, for gathering information on how
`
`users view and interact with content transferred over the Internet, which embody the patented
`
`invention of the ‘473 patent.
`
`43.
`
`Pursuant to 35 U.S.C. § 271 , Moat is liable for (i) direct infringement of the ‘473
`
`patent by having made, used, sold or offered to sell and continuing to make, use, sell and/or offer
`
`to sell the software products and services, including but not limited to the Brand Analytics and
`
`Ad Search products and services, for gathering information regarding the display of content such
`
`as webpages and advertisements transferred over the Internet and end-user interaction with such
`
`content; (ii) contributory infringement of the ‘473 patent by having sold or offered to sell and
`
`continuing to sell or offer to sell a material component of the invention embodied in the ‘473
`
`patent, which is especially made or adapted for use in infringing the ‘473 patent and which is not
`
`
`
`
`
`9302LeeHighway,Suite1100Fairfax.VA22031-12147032182100
`
`OdinFeldmanPittlemanm
`
`10
`
`

`

`Case 3:12-cv-00530-HEH Document 1 Filed 07/20/12 Page 11 of 17 PageID# 11
`Case 3:12—cv—OO530—HEH Document 1
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`suitable for any substantial non-infringing use, in order to provide software products and services
`
`to Content Providers for gathering information regarding the display of content transferred over
`
`the Internet and end-user interaction with such content, and having knowledge that the ‘473
`
`patent was/is being directly infringed by Content Providers and end users; and (iii) inducement of
`
`infringement by having knowingly caused or intended to cause and continuing to knowingly
`
`cause or intend to cause the direct infringement of the ‘473 patent by Content Providers or end
`
`users for gathering information regarding the display of content transferred over the Internet and
`
`end-user interaction with such content.
`
`44.
`
`As a result of Moat’s acts of infringement of the ‘473 patent, comScore has
`
`suffered injury to its business and property in an amount to be determined as damages, and will
`
`continue to suffer damages in the future.
`
`45.
`
`Unless an injunction is issued enjoining Moat and their officers, agents, servants,
`
`employees and attorneys, and all those persons in active concert or participation with them from
`
`infringing the ‘473 patent, comScore will be irreparably harmed.
`
`COUNT VI
`
`Infringement of United States Patent No 7,613,635
`
`46.
`
`comScore repeats the allegations contained in paragraphs 1 - 45 as though fully
`
`set forth herein.
`
`47.
`
`Moat has in the past infringed and continues to infringe the ‘635 patent, directly
`
`and/or by contributory infringement and/or by inducement of infringement, by making, using,
`
`selling and/or offering to sell, in this judicial district and elsewhere in the United States, products
`
`and services, which embody the patented invention of the ‘635 patent.
`
`48.
`
`Moat’s infringement includes, but is not limited to, the manufacture, use, sale,
`
`
`
`9302LeeHighway,Suite1100Fairfax,VA22031-12147032182100
`
`
`
`
`
`OdinFeldmanPittlemanPC
`
`11
`
`

`

`Case 3:12-cv-00530-HEH Document 1 Filed 07/20/12 Page 12 of 17 PageID# 12
`Case 3:12—cv—OO530—HEH Document 1
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`importation and/or offer for sale of sofiware products and services, including but not limited to
`
`the Brand Analytics and Ad Search products and services, for gathering information on how
`
`users view and interact with content transferred over the Internet, which embody the patented
`
`invention of the ‘635 patent.
`
`49.
`
`Pursuant to 35 U.S.C. § 271, Moat is liable for (i) direct infringement of the ‘635
`
`patent by having made, used, sold or offered to sell and continuing to make, use, sell and/or offer
`
`to sell the software products and services, including but not limited to the Brand Analytics and
`
`' Ad Search products and services, for gathering information regarding the display of content such
`
`as webpages and advertisements transferred over the Internet and end-user interaction with such
`
`content; (ii) contributory infringement of the ‘635 patent by having sold or offered to sell and
`
`continuing to sell or offer to sell a material component of the invention embodied in the ‘635
`
`patent, which is especially made or adapted for use in infringing the ‘635 patent and which is not
`
`suitable for any substantial non-infringing use, in order to provide software products and services
`
`to Content Providers for gathering information regarding the display of content transferred over
`
`the lntemet and end-user interaction with such content, and having knowledge that the ‘635
`
`patent was/is being directly infringed by Content Providers and end users; and (iii) inducement of
`
`infringement by having knowingly caused or intended to cause and continuing to knowingly
`
`cause or intend to cause the direct infringement of the ‘635 patent by Content Providers or end
`
`users for gathering information regarding the display of content transferred over the Internet and
`
`end-user interaction with such content.
`
`50.
`
`As a result of Moat’s acts of infringement of the ‘635 patent, comScore has
`
`suffered injury to its business and property in an amount to be determined as damages, and will
`
`continue to suffer damages in the future.
`
`
`
`9302LeeHighway,Suite1100Fairfax,VA22031-12147032182100
`
`
`
`
`
`OdinFeldmanPittlemanPC
`
`12
`
`

`

`Case 3:12-cv-00530-HEH Document 1 Filed 07/20/12 Page 13 of 17 PageID# 13
`Case 3:12-cv-OO530—HEH Document 1
`Filed 07/20/12 Page 13 of 17 Page|D# 13
`
`51.
`
`Unless an injunction is issued enjoining Moat and their officers, agents, servants,
`
`employees and attorneys, and all those persons in active concert or participation with them from
`
`infringing the ‘635 patent, comScore will be irreparably harmed.
`
`COUNT VII
`
`,
`
`Infringement of United States Patent No. 7,716,326
`
`52.
`
`comScore repeats the allegations contained in paragraphs 1 — 51 as though fully
`
`set forth herein.
`
`53.
`
`Moat has in the past infringed and continues to infringe the ‘326 patent, directly
`
`and/or by contributory infringement and/or by inducement of infringement, by making, using,
`
`selling and/or offering to sell, in this judicial district and elsewhere in the United States, products
`
`and services, which embody the patented invention of the ‘326 patent.
`
`703-218-2100
`
`54.
`
`Moat’s infringement includes, but is not limited to, the manufacture, use, sale,
`
`importation and/or offer for sale of software products and services, including but not limited to
`
`the Brand Analytics and Ad Search products and services, for gathering information on how
`
`users view and interact with content transferred over the Internet, which embody the patented
`
`invention of the ‘326 patent.
`
`55.
`
`Pursuant to 35 U.S.C. § 271, Moat is liable for (i) direct infringement of the ‘326
`
`patent by having made, used, sold or offered to sell and continuing to make, use, sell and/or offer
`
`to sell the software products and services, including but not limited to the Brand Analytics and
`
`Ad Search products and services, for gathering information regarding the display of content such
`
`as webpages and advertisements transferred over the Internet and end-user interaction with such
`
`content; (ii) contributory infringement of the ‘326 patent by having sold or offered to sell and
`
`continuing to sell or offer to sell a material component of the invention embodied in the ‘326
`
`
`
`9302LeeHighway,Suite1100Fairfax,VA22031-1214
`
`
`
`
`
`OdinFeldmanPittlemanrc
`
`13
`
`

`

`Case 3:12-cv-00530-HEH Document 1 Filed 07/20/12 Page 14 of 17 PageID# 14
`Case 3:12—cv—OO530—HEH Document 1
`Filed 07/20/12 Page 14 of 17 Page|D# 14
`
`patent, which is especially made or adapted for use in infringing the ‘326 patent and which is not
`
`suitable for any substantial non-infringing use, in order to provide software products and services
`
`to Content Providers for gathering information regarding the display of content transferred over
`
`the Internet and end-user interaction with such content, and having knowledge that the ‘326
`
`patent was/is being directly infringed by Content Providers and end users; and (iii) inducement of
`
`infringement by having knowingly caused or intended to cause and continuing to knowingly
`
`cause or intend to cause the direct infringement of the ‘326 patent by Content Providers or end
`
`users for gathering information regarding the display of content transferred over the Internet and
`
`end-user interaction with such content.
`
`703-218-2100
`
`56.
`
`As a result of Moat’s acts of infringement of the ‘326 patent, comScore has
`
`suffered injury to its business and property in an amount to be determined as damages, and will
`
`continue to suffer damages in the future.
`
`57.
`
`Unless an injunction is issued enjoining Moat and their officers, agents, servants,
`
`employees and attorneys, and all those persons in active concert or participation with them from
`
`infringing the ‘326 patent, comScore will be irreparably harmed.
`
`COUNT VIII
`
`Infringement of United States Patent No. 7,756,974
`
`58.
`
`comScore repeats the allegations contained in paragraphs 1 — 57 as though fully
`
`set forth herein.
`
`59.
`
`Moat has in the past infringed and continues to infringe the ‘974 patent, directly
`
`and/or by contributory infringement and/or by inducement of infringement, by making, using,
`
`selling and/or offering to sell, in this judicial district and elsewhere in the United States, products
`
`and services, which embody the patented invention of the ‘974 patent.
`
`
`
`
`
`9302LeeHighway,Suite1100Fairfax,VA22031-1214
`
`OdinFeldmanPittlemanpc
`
`
`
`14
`
`

`

`Case 3:12-cv-00530-HEH Document 1 Filed 07/20/12 Page 15 of 17 PageID# 15
`Case 3:12-cv-OO530—HEH Document 1
`Filed 07/20/12 Page 15 of 17 Page|D# 15
`
`60.
`
`Moat’s infringement includes, but is not limited to, the manufacture, use, sale,
`
`importation and/or offer for sale of software products and services, including but not limited to
`
`the Brand Analytics and Ad Search products and services, for gathering information on how
`
`users view and interact with content transferred over the lntemet, which embody the patented
`
`invention of the ‘974 patent.
`
`61.
`
`Pursuant to 35 U.S.C. § 271, Moat is liable for (i) direct infringement of the ‘974
`
`patent by having made, used, sold or offered to sell and continuing to make, use, sell and/or offer
`
`to sell the software products and services, including but not limited to the Brand Analytics and
`
`Ad Search products and services, for gathering information regarding the display of content such
`
`as webpages and advertisements transferred over the lntemet and end-user interaction with such
`
`content; (ii) contributory infringement of the ‘974 patent by having sold or offered to sell and
`
`continuing to sell or offer to sell a material component of the invention embodied in the ‘974
`
`patent, which is especially made or adapted for use in infringing the ‘974 patent and which is not
`
`suitable for any substantial non-infringing use, in order to provide software products and services
`
`to Content Providers for gathering information regarding the display of content transferred over
`
`the Internet and end-user interaction with such content, and having knowledge that the ‘974
`
`patent was/is being directly infringed by Content Providers and end users; and (iii) inducement of
`
`infringement by having knowingly caused or intended to cause and continuing to knowingly
`
`cause or intend to cause the direct infringement of the ‘974 patent by Content Providers or end
`
`users for gathering information regarding the display of content transferred over the Internet and
`
`end-user interaction with such content.
`
`62.
`
`As a result of Moat’s acts of infringement of the ‘974 patent, comScore has
`
`suffered injury to its business and property in an amount to be determined as damages, and will
`
`
`
`9302LeeHighway,Suite1100Fairfax,VA22031-12147032132100
`
`
`
`
`
`OdinFeldmanPittlemanvc
`
`15
`
`

`

`”
`
`703-218-2100
`
`
`
`
`
`9302LeeHighway.Suite1100Fairfax,VA22031-1214
`
`Case 3:12-cv-00530-HEH Document 1 Filed 07/20/12 Page 16 of 17 PageID# 16
`
`Case 3:12-cv-OO530—HEH Document 1
`
`Filed 07/20/12 Page 16 of 17 Page|D# 16
`
`continue to suffer damages in the future.
`
`63.
`
`Unless an injunction is issued enjoining Moat and their officers, agents, servants,
`
`employees and attorneys, and all those persons in active concert or participation with them from
`
`infringing the ‘974 patent, comScore will be irreparably harmed.
`
`DEMAND FOR JURY TRIAL
`
`64.
`
`comScore demands trial by jury on all claims and issues so triable.
`
`PRAYER FOR RELIEF
`
`WHEREFORE, comScore, Inc. prays forjudgment and relief as follows:
`
`A.
`
`A declaration that defendant Moat has infringed, is infringing, have
`
`induced and is inducing, and has contributed and is contributing to the infringement of the
`
`‘637, ‘680, ‘6l9, ‘470, ‘473, ‘635, ‘326 and ‘974 patents;
`
`B.
`
`A preliminary and permanent injunction enjoining Defendant, its officers, agents,
`
`servants, employees, affiliates and attorneys, and all those in active concert or participation with
`
`th