’\
`
`2
`
`A0 120 (Rev. 08/10)
`
`To
`‘
`
`Mail Stop 8
`Director ofthe U.S. Patent and Trademark Office
`P-Q BOX 1450
`Alexandria, VA 22313-1450
`
`REPORT ON THE
`FILING OR DETERMINATION OF AN
`ACTION REGARDING A PATENT OR
`TRADEMARK
`
`In Compliance with 35 U.S.C. § 290 and/or 15 U.S.C. § 1116 you are hereby advised that a court action has been
`
`filed in the U.S. District Court Eastern D0S'ff0Ct Of TGXEIS
`
`on the following
`
`D Trademarks or E Patents.
`
`( D the patent action involves 35 U.S.C. § 292.):
`
`DOCKET NO.
`
`6: 12—cv—657
`PLAINTIFF
`
`DATE FILED
`
`9/17/2012
`
`U.S. DISTRICT COURT
`
`Eastern District of Texas
`DEFENDANT
`
`PERSONALWEB TECHNOLOGIES LLC and LEVEL 3
`COMMUNICATIONS, LLC.
`
`NEXSAN TECHNOLOGIES,
`
`4
`
`1“
`
`%’:T%3Ri%};3AATf§g
`
`.
`
`.
`TRf:3P§47‘fR%RNO
`g W3
`
`HoLDER OF PATENT oR TRADEMARK
`SEE ATTACHMENT A
`
`+
`
`.4
`
`1"‘
`
`r 1
`
`2 3
`
`4 5
`
`DATE INCLUDED
`
`In the above—entitled case, the following patent(s)/ trademarl<(s) have been included:
`INCLUDED BY
`
`TRADEMARK NO.
`
`PATENT OR
`
`r
`
`‘F
`2
`
`El Amendment
`DATE OF PATENT
`l
`OR TRADEMARK
`l
`1
`
`D Other Pleading
`B Cross Bill
`D Answer
`HOLDER OF PATENT OR TRADEMARK
`
`’*”i
`
`DECISION/JUDGEMENT
`
`In the above—entit1ed case, the following decision has been rendered or judgement issued:
`
`CLERK
`
`I.
`
`(BY) DEPUTY CLERK
`
`
`
`Copy 1~—Upon initiation of action, mail this copy to Director
`Copy 3—Upon termination of action, mail this copy to Director
`Copy 4»——Case file copy
`Copy 2—Upon filing document adding patent(s), mail this copy to Director
`
`GOOG-1002-Page 1 of 422
`
`American LegalNet, Inc.
`
`..,I
`w Form§&ygrkFlow,gom
`
`GOOG-1002-Page 1 of 422
`
`

`
`ATTACHMENT A TO FORM A0-120
`
`(Pers0nalWeb V. N exsan)
`
`PATENT OR
`
`DATE OF PATENT
`
`__ TRADEMARK NO.
`
`OR TRADEMARK
`
`
`5,978,791
`November 2, 1999
`
`HOLDER OF PATENT OR TRADEMARK
`PersonalWeb Technologies LLC and
`Level 3 Communications, LLC
`
`7,802,310 B2
`
`September 21, 2010
`
`7,945,539 B2
`
`May 17, 2011
`
`7,945,544 B2
`
`May 17, 2011
`
`7,949,662 B2
`
`May 24, 2011
`
`8,001,096 B2
`
`August 16, 2011
`
`PersonalWeb Technologies LLC and
`Level 3 Communications, LLC
`PersonalWeb Technologies LLC and
`Level 3 Communications, LLC
`PersonalWeb Technologies LLC and
`Level 3 Communications, LLC
`PersonalWeb Technologies LLC and
`Level 3 Communications, LLC
`
`PersonalWeb Technologies LLC and
`Level 3 Communications, LLC
`PersonalWeb Technologies LLC and
`_Level 3 Communications, LLC
`PersonalWeb Technologies LLC and
`Level 3 Communications, LLC
`
`GOOG-1002-Page 2 of 422
`
`
`
`6,415,280 B1
`
`July 2, 2002
`
`6,928,442 B2
`
`August 9, 2005
`
`GOOG-1002-Page 2 of 422
`
`

`
`AO 120 (Rev, 08/10)
`
`TO
`'
`
`Mail Stop 8
`Director of the U.S. Patent and Trademark Office
`P-0- BOX 1450
`Alexandria, VA 22313-1450
`
`REPORT ON THE
`FILING OR DETERMINATION OF AN
`ACTION REGARDING A PATENT OR
`TRADEMARK
`
`In Compliance with 35 U.S.C. § 290 and/or 15 U.S.C. § 1116 you are hereby advised that a court action has been
`
`filed in the Us. District Coun Eastern Dostroct of Texas
`
`on the following
`
`1:] Trademarks or & Patents.
`
`(
`
`the patent action involves 35 U.S.C. § 292.):
`
`DOCKET NO.
`6: 12-cv—66l
`PLAINTIFF
`PERSONALWEB TECHNOLOGIES LLC and LEVEL 3
`COMMUNICATIONS, LLC.
`
`DATE FILED
`9/17/2012
`
`U.S. DISTRICT COURT
`Eastern District of Texas
`-
`DEFENDANT
`INTERNATIONAL BUSINESS MACHINES CORPORATION
`
`-1
`
`PATENT OR
`TRADEMARK NO‘
`,
`5 Ext; .
`
`I
`
`1
`
`2.
`
`3
`
`DATE OF PATENT "T
`OR TRADEMARK
`
`HOLDER OF PATENT OR TRADEMARK
`
`SEE ATTACHMENT A
`
`_.R__:_______:_1__.____
`4
`
`___,__
`
`5
`
`J
`
`BATE INCLUDED
`
`In the above——entitled case, the following patent(s)/trademar1((s) have been included:
`INCLUDED BY
`
`
`
`
`TRZ§§§41‘fR%§qO
`
`
`
`1:] Amendment
`
`%’;TTER?$)%’§4T[:3§g
`
`1:] Answer
`[:1 Cross Bill
`[:1 Other Pleading
`
`HOLDER OF PATENT OR TRADEMARK
`J
`
`-1
`
`
`
`DECISION/JUDGEMENT
`
`In the above—~entitled case, the following decision has been rendered or judgement issued:
`
`CLERK
`
`(BY) DEPUTY CLERK
`
`_
`
`DATE
`
`Copy 3——-Upon termination of action, mail this copy to Director
`Copy l~—Upon initiation of action, mail this copy to Director
`Copy 2—Upon filing document adding patent(s), mail this copy to Director
`Copy 4——Case file copy
`
`American LegnlNet, lnc. GOOG-1002-Page3of 422
`
`GOOG-1002-Page 3 of 422
`
`

`
`ATTACHMENT A TO FORM A0-120
`
`(PersonalWeb v. IBM)
`
`PATENT OR
`TRADEMARK NO.
`
`DATE OF PATENT
`OR TRADEMARK
`
`HOLDER OF PATENT OR TRADEMARK
`
`
`
`
`
`6,415,280 B1
`
`July 2, 2002
`
`PersonalWeb Technologies LLC and
`November 2, 19995,978,791 Level 3 Communications, LLC
`PersonalWeb Technologies LLC and
`Level 3 Communications, LLC
`PersonalWeb Technologies LLC and
`6,928,442 B2
`August 9, 2005
`Level 3 Communications, LLC
`
`PersonalWeb Technologies LLC and
`Level 3 Communications, LLC
`PersonalWeb Technologies LLC and
`Level 3 Communications, LLC
`
`7,802,310 B2
`’
`8,099,420 B2
`
`Segtember 21, 2010
`
`January 17, 2012
`
`McKool 8226l2v1
`
`GOOG-1002-Page 4 of 422
`
`GOOG-1002-Page 4 of 422
`
`

`
`A0 120 (Rev. 08/10)
`
`TO:
`
`Mail Stop 8 _
`Director of the U.S. Patent and Trademark Office
`P-0- BOX 1450
`Alexandria, VA 22313-1450
`
`- TRADEMARK
`
`REPORT ON THE
`FILING OR DETERMINATION OF AN
`ACTION REGARDING A PATENT OR
`
`In Compliance with 35 U.S.C. § 290 and/or 15 U.S.C. § 1116 you are hereby advised that a court action has been
`
`filed in the Us, District Court Eastern Dostroct of Texas
`
`on the following
`
`( D the patent action involves 35 U.S.C. § 292.):
`El Trademarks or X Patents.
`DOCKET NO.
`DATE FILED
`U.S. DISTRICT COURT
`6:: 12—cv—659
`9/ 17/2012
`Eastern District of Texas
`PLAINTIFF
`DEFENDANT
`
`PERSONALWEB TECHNOLOGIES LLC and LEVEL 3
`COMMUNICATIONS, LLC.
`
`RACKSPACE US INC. and RACKSPACE HOSTING, INC.
`
`L_._
`
`PATENT OR
`TRADEMARK NO‘
`
`DATE OF PATENT
`OR TRADEMARK
`
`SEE ATTACHMENT A
`
`HOLDER OF PATENT OR TRADEMARK
`
`In the above——entitled case, the following patent(s)/ trademark(s) have been included:
`
`|—DATE INCLUDED
`
`PATENT OR
`TRADEMARK NO.
`
`INCLUDED BY
`
`E] Amendment
`DATE OF PATENT
`OR TRADEMARK
`
`-4
`
`D Answer
`
`E] Cross Bill
`
`[3 Other Pleading
`
`HOLDER OF PATENT OR TRADEMARK
`
`DECISION/JUDGEMENT
`
`In the above—entitled case, the following decision has been rendered or judgement issued:
`
`(BY) DEPUTY CLERK
`
`
`Copy 3—Upon termination of action, mail this copy to Director
`Copy 1#Upon initiation of action, mail this copy to Director
`Copy 2—Upon filing document adding patent(s), mail this copy to Director
`Copy 4——Case file copy
`
`GOOG-1002-Page 5 of 422
`
`GOOG-1002-Page 5 of 422
`
`

`
`ATTACHMENT A TO FORM AO—120
`
`(PersonalWeb v. Rackspace)
`
`PATENT OR
`TRADEMARK NO.
`
`DATE OF PATENT
`OR TRADEMARK
`
`HOLDER OF PATENT OR TRADEMARK
`
`5,978,791
`
`November 2, 1999
`
`6,415,280 B1
`
`July 2, 2002
`
`6,928,442 B2
`
`August 9, 2005
`
`7,802,310 B2
`
`,
`
`September 21, 2010
`
`7,945,539 B2
`
`7,945,544 B2
`
`'
`
`May 17, 2011
`’
`May 17, 2011
`
`7,949,662 B2
`
`May 24, 2011
`
`PersonalWeb Technologies LLC and
`Level 3 Communications, LLC .
`Persona1Web Technologies LLC and
`Level 3 Communications, LLC
`PersonalWeb Technologies LLC and
`Level 3 Communications, LLC
`Personalweb Technologies LLC and
`Level 3 Communications, LLC
`PersonalWeb Technologies LLC and -
`Level 3 Communications, LLC
`Personalweb Technologies LLC and
`Level 3 Communications, LLC
`PersonalWeb Technologies LLC and
`Level 3 Communications, LLC
`PersonalWeb Technologies LLC and
`Level 3 Communications, LLC
`PersonalWeb Technologies LLC and
`
`8,001,096 B2
`August 16, 2011
`
`Level 3 Communications, LLC
`
`8,099,420 B2
`
`January 17, 2012
`
`GOOG-1002-Page 6 of 422
`
`GOOG-1002-Page 6 of 422
`
`

`
`A0 120 Rev. 08/10
`
`TRADEMARK
`
`TO.
`'
`
`Mail Stop 8
`Director of the U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`REPORT ON THE
`FILING OR DETERMINATION OF AN
`ACTION REGARDING A PATENT OR
`
`In Compliance with 35 U.S.C. § 290 and/or 15 U.S.C. § 1116 you are hereby advised that a court action has been
`filed in the U.S. District Court
`For the Eastern District of Texas, Tyler Division
`on the following
`
`[I Trademarks or
`
`IE Patents.
`
`(
`
`[:1 the patent action involves 35 U.S.C. § 292.):
`
`U.S. DISTRICT COURT
`For the Eastern District of Texas, T Ier Division
`DEFENDANT
`
`
`
`
`
`Apple Inc.
`
`
`
`DOCKET NO.
`6:12—cv-00660
`PLAINTIFF
`
`DATE FILED
`12/17/2012
`
`
`
`Personalweb Technologies, LLC, and Level 3
`Communications, LLC
`
`
`
`
`
`
`5 seeAtta<=hmemA——
`
`
`
`
`DATE INCLUDED
`
`In the above—entitled case, the following patent(s)/ trademark(s) have been included:
`
`[3 Amendment
`
`INCLUDED BY
`
`E] Answer
`I] Cross Bill
`C] Other Pleading
`HOLDER OF PATENT OR TRADEMARK
`——
`_—
`_—
`——
`——
`
`In the above—entit1ed case, the following decision has been rendered or judgement issued:
`
`DECISION/IUDGEMENT
`
`(BY) DEPUTY CLERK
`
`Copy l—Upon initiation of action, mail this copy to Director Copy 3-—Upon termination of action, mail this copy to Director
`Copy 2——Upon filing document adding patent(s), mail this copy to Director Copy 4-Case file copy
`
`GOOG-1002-Page 7 of 422
`
`GOOG-1002-Page 7 of 422
`
`

`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TYLER DIVISION
`
`Civil Action No. 6:12-CV-00660-LED
`
`JURY TRIAL DEMANDED
`
`§
`§
`
`§ §
`
`§ §
`
`§ §
`
`§ §
`
`§ §
`
`PERSONALWEB TECHNOLOGIES, LLC,
`and LEVEL 3 COMMUNICATIONS, LLC,
`
`vs.
`
`APPLE INC.
`
`Plaintiff,
`
`Defendants.
`
`ATTACHMENT A TO REPORT ON THE FILING OR
`DETERMINATION OF AN ACTION REGARDING A PATENT OR TRADEMARK
`
`
`
`
`Holder of Patent or Trademark
`
`PersonalWeb and Level 3 Communications
`
`PersonalWeb and Level 3 Communications
`
`PersonalWeb and Level 3 Communications
`
`
`
`
`
`Patent or
`Trademark No.
`
`5. 7,945,544
`
`
`
`Date of Patent or
`Trademark
`
`5/17/2011
`
`6. 7,949,662
`
`5/24/2011
`
`7. 8,001,096
`
`8/ 16/201 1
`
`
`
`
`
`2409338v1/012790
`
`GOOG-1002-Page 8 of 422
`
`GOOG-1002-Page 8 of 422
`
`

`
`TRADEMARK
`
`Mail Stop 8
`Director of the U.S. Patent and Trademark Office
`P.0. Box 1450
`Alexandria, VA 22313-1450
`
`REPORT ON THE
`FILING OR DETERMINATION OF AN
`ACTION REGARDING A PATENT OR
`
`In Compliance with 35 U.S.C. § 290 and/or 15 U.S.C. § 1116 you are hereby advised that a court action has been
`filed in the U.S. District Court
`For the Eastern District of Texas, Tyler Division
`on the following
`
`Trademarks or
`
`l'f]’Eatents.
`
`( E] the patent action involves 35 U.S.C. § 292.):
`
`DOCKET NO.
`6:12—cv-00660
`PLAINTIFF
`
`DATE FILED
`9/17/2012
`
`U.S. DISTRICT COURT
`For the Eastern District of Texas, T Ier Division
`DEFENDANT
`
`
`
`
`Apple Inc.
`
`
`
`PersonalWeb Technologies, LLC, and Level 3
`Communications, LLC
`
`
`
`
`
`
`
`
`
`Cl Amendment
`PATENT OR
`DATE OF PATENT
`TRADEMARK NO.
`OR TRADEMARK
`HOLDER OF PATENT OR TRADEMARK
`_——
`‘—
`-—
`——
`——
`
`In the above—entitled case, the following decision has been rendered or judgement issued:
`DECISION/JUDGEMENT
`
`
`
`
`CLERK
`
`(BY) DEPUTY CLERK
`
`Copy 1—Upon initiation of action, mail this copy to Director Copy 3—Upon termination of action, mail this copy to Director
`Copy 2—Upon filing document adding patent(s), mail this copy to Director Copy 4-Case file copy
`
`GOOG-1002-Page 9 of 422
`
`
`
`
`
`
`
`
`
`
`
`%:T:RaFD:/3:2:
`
`
`
`T
`
`DATE INCLUDED
`
`In the above—entit1ed case, the following patent(s)/ trademark(s) have been included:
`INCLUDED BY
`
`E] Answer
`
`B Cross Bill
`
`C] Other Pleading
`
`GOOG-1002-Page 9 of 422
`
`

`
`Case 6:12-cv-00660 Document 1
`
`Filed 09/17/12 Page 8 of 10 Page|D #: 8
`
`result of Defendant’s wrongful acts in an amount subject
`
`to proof at
`
`trial. Defendant’s
`
`infringement of PersonalWeb’s
`
`rights under
`
`the
`
`’096 patent will continue to damage
`
`PersonalWeb, causing irreparable harm for which there is no adequate remedy at law, unless
`
`enjoined by this Court.
`
`JURY DEMAND
`
`32.
`
`Persona1Web demands a trial byjury on all issues.
`
`PRAYER FOR RELIEF
`
`WHEREFORE, Plaintiff PersonalWeb requests entry ofjudgment in its favor and against
`
`Defendant as follows:
`
`a)
`
`Declaration that Defendant has infringed directly, and/or indirectly, U.S. Patent
`
`Nos. 5,978,791, 6,415,280, 7,802,310, 7,945,539, 7,945,544, and 8,001,096 as described in this
`
`action;
`
`b)
`
`Permanently enjoining Defendant and its respective officers, agents, employees,
`
`and those acting in privity with them, from further infringement, contributory infringement
`
`and/or inducing infringement of U.S. Patent Nos. 5,978,791, 6,415,280, 7,802,310, 7,945,539,
`
`7,945,544, and 8,001,096;
`
`c)
`
`Awarding the damages arising out of Defendant’s infringement of U.S. Patent
`
`Nos. 5,978,791, 6,415,280, 7,802,310, 7,945,539, 7,945,544, and 8,001,096, including enhanced
`
`damages pursuant to 35 U.S.C. § 284 together with prejudgment and post—judgment interest, in
`
`an amount according to proof;
`
`d)
`
`An award of attorneys’ fees pursuant to 35 U.S.C. § 285 or as otherwise permitted
`
`by law; and
`
`e)
`
`For such other costs and further relief as the Court may deem just and proper.
`
`2382937vl/012790
`
`GOOG-1002-Page 10 of 422
`
`GOOG-1002-Page 10 of 422
`
`

`
`Case 6:12-cv-00660 Document 1
`
`Filed 09/17/12 Page 9 of ‘IO Page|D #: 9
`
`DATED: September 17, 2012
`
`Respectfully submitted,
`
`By:
`
`
`/s/ Max L. Tribble Jr.
`
`Max L. Tribble, Jr.
`State Bar No. 20213950
`
`mtribble@susman godfrey.com
`SUSMAN GODFREY L.L.P.
`
`1000 Louisiana Street, Suite 5100
`Houston, Texas 77 002
`Telephone: (713) 651-9366
`Facsimile: (713)654-6666
`
`Lead Attorney for Plaintiff
`Personalweb Technologies, LLC
`
`Joseph Grinstein
`State Bar No. 24002188
`
`jg,§i_nstein,@§usmai1_g_odfre}&m
`Ashley L. McMillian
`State Bar No. 24070252
`
`amcmillian@susmangodfrey.com
`Sandeep Seth
`State Bar No. 18043000
`
`sseth@susman godfreycom
`SUSMAN GODFREY L.L.P.
`
`1000 Louisiana Street, Suite 5100
`Houston, Texas 77002
`Telephone: (713)651-9366
`Facsimile: (713) 654-6666
`
`Marc M. Seltzer
`CA State Bar No. 54534
`
`mseltzer@susmangodfreycom
`Kalpana Srinivasan
`CA State Bar No. 237460
`
`ksrinivasan@susmangodfrey.com
`SUSMAN GODFREY L.L.P.
`
`1901 Ave ofthe Stars, Suite 950
`Los Angeles, CA 90067
`
`Justin A. Nelson
`State Bar No. 24034766
`
`jnelson@susmangodfrey.com
`SUSMAN GODFREY L.L.P.
`1201 Third Ave, Suite 3800
`Seattle, WA 98101
`Telephone: (206) 516-3880
`Facsimile: (206)516-3883
`
`2382937v I /012790
`
`GOOG-1002-Page 11 of 422
`
`GOOG-1002-Page 11 of 422
`
`

`
`Case 6:12—cv-00660 Document 1
`
`Filed 09/17/12 Page 10 of 10 Page|D #: 10
`
`Attorneys for Plaintiff
`PersonalWeb Technologies, LLC
`
`/s/ David D. Wier
`
`David D. Wier, Esq.
`David.Wier@Level3 .com
`Vice President, Patent Counsel
`LEVEL 3 COMMUNICATIONS, INC.
`1025 Eldorado Boulevard
`
`Broomfield, Colorado 80021
`
`Attorney for Plaintiff
`Level 3 Communications, LLC
`
`2382937v l /012790
`
`-10-
`
`GOOG-1002-Page 12 of 422
`
`GOOG-1002-Page 12 of 422
`
`

`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TYLER DIVISION
`
`Civil Action No.
`
`JURY TRIAL DEMANDED
`
`§
`§
`
`§ §
`
`§ §
`
`§ §
`
`§ §
`
`§ §
`
`PERSONALWEB TECHNOLOGIES, LLC,
`and LEVEL 3 COMMUNICATIONS, LLC,
`
`Plaintiff,
`
`vs.
`
`APPLE INC.
`
`Defendants.
`
`
`ATTACHMENT A TO REPORT ON THE FILING OR
`DETERMINATION OF AN ACTION REGARDING A PATENT OR TRADEMARK
`
`Patent or
`Trademark No.
`
`Date of Patent or
`Trademark
`
`Holder of Patent or Trademark
`
`5. 7,945,544
`
`5/17/2011
`
`PersonalWeb and Level 3 Communications
`
`6. 8,001,096
`
`8/ 16/201 1
`
`PersonalWeb and Level 3 Communications
`
`2409338vl/012790
`
`GOOG-1002-Page 13 of 422
`
`GOOG-1002-Page 13 of 422
`
`

`
`Case 6:12-cv-00660 Document 1
`
`Filed 09/17/12 Page 1 of 10 Page|D #:
`
`1
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TYLER DIVISION
`
`PERSONALWEB TECHNOLOGIES, LLC.
`AND LEVEL 3 COMMUNICATIONS, LLC,
`
`Plaintiff
`’
`
`vs.
`
`APPLE INC.
`
`Defendant.
`
`<‘JO'J€0JCUJCOOCOD<'40J<‘40'>€0>W>C0>€0J<‘40>
`
`Civil Action No.
`
`JURY TRIAL DEMANDED
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`Plaintiff Personalweb Technologies, LLC (“Plaintiff” or “PersonalWeb”)
`
`files this
`
`Complaint for patent
`
`infringement against Defendant Apple Inc. (“Defendant” or “Apple”).
`
`Plaintiff PersonalWeb Technologies, LLC alleges:
`
`PRELIMINARY STATEMENT
`
`l.
`
`Personalweb and Level 3 Communications, LLC (“Level 3”) are parties to an
`
`agreement between Kinetech,
`
`Inc. and Digital
`
`Island,
`
`Inc. dated September 1, 2000 (the
`
`“Agreement”). Pursuant to the Agreement, PersonalWeb and Level 3 each own a fifty percent
`
`(50%) undivided interest in and to the patents at issue in this action: U.S. Patent Nos. 5,978,791,
`
`6,415,280, 7,802,310, 7,945,539, 7,945,544, and 8,001,096 (“Patents-in-Suit”). Level 3 has
`
`joined in this Complaint pursuant to its contractual obligations under the Agreement, at the
`
`request of PersonalWeb.
`
`2.
`
`Pursuant to the Agreement, Level 3 has, among other rights, certain defined rights
`
`to use, practice, license, sublicense and enforce and/or litigate the Patents-in~Suit in connection
`
`with a particular field of use (“Level 3 Exclusive Field”).
`
`Pursuant
`
`to the Agreement,
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`2382937vl/012790
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`Case 6:12-cv-00660 Document 1
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`Filed 09/17/12 Page 2 of 10 Page|D #: 2
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`PersonalWeb has, among other rights, certain defined rights to use, practice, license, sublicense,
`
`enforce and/or litigate the Patents-in-Suit in fields other than the Level 3 Exclusive Field (the
`
`“PersonalWeb Patent Field”).
`
`3.
`
`All
`
`infringement allegations, statements describing PersonalWeb, statements
`
`describing any Defendant (or any Defendant’s products) and any statements made regarding
`
`jurisdiction and venue are made by PersonalWeb alone, and not by Level 3. Persona1Web
`
`alleges that the infringements at issue in this case all occur within, and are limited to,
`
`the
`
`PersonalWeb Patent Field. Accordingly, Personalweb has not provided notice to Level
`
`3—under Section 6.4.1 of the Agreement or otherwise—that PersonalWeb desires to bring suit in
`
`the Level 3 Exclusive Field in its own name on its own behalf or that PersonalWeb knows or
`
`suspects that Defendant is infringing or has infringed any of Level 3’s rights in the patents.
`
`THE PARTIES
`
`4.
`
`Plaintiff Personalweb Technologies, LLC is a limited liability company duly
`
`organized and existing under the laws of Texas with its principal place of business in Tyler,
`
`Texas.
`
`5.
`
`Plaintiff Level 3 Communications, LLC is a limited liability company organized
`
`under the laws of Delaware with its principal place of business at 1025 Eldorado Boulevard,
`
`Broomfield, CO 80021.
`
`6.
`
`Persona1Web’s
`
`infringement claims asserted in this case are asserted by
`
`Persona1Web and all fall outside the Level 3 Exclusive Field. Level 3 is currently not asserting
`
`patent infringement in this case in the Level 3 Exclusive Field against any Defendant.
`
`7.
`
`Defendant Apple Inc.
`
`is, upon information and belief, a California corporation
`
`with its principal place of business at 1 Infinite Loop, Cupertino, CA 95014.
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`2382937vl/012790
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`Case 6:12-cv-00660 Document 1
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`Filed 09/17/12 Page 3 of 10 Page|D #: 3
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`JURISDICTION AND VENUE
`
`8.
`
`The court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331 and
`
`1338(a) because this action arises under the patent laws of the United States, 35 U.S.C. §§ 1 et
`
`seq.
`
`9.
`
`Venue is proper in this federal district pursuant to 28 U.S.C. §§ l39l(b)-(c) and
`
`l400(b) because plaintiff PersonalWeb is a limited liability company incorporated in Smith
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`County, Texas with its principal place of business in Tyler, Texas.
`
`10.
`
`Defendant has done business in this District, have committed acts of infringement
`
`in this District, and continue to commit acts of infringement
`
`in this District, entitling
`
`PersonalWeb to relief.
`
`PERSONALWEB BACKGROUND
`
`ll.
`
`Personalweb draws on its proprietary technology to innovate and develop
`
`software products, including a social learning platform and digital content management system.
`
`12.
`
`PersonalWeb’s software technology enhances the delivery of relevant content by
`
`using natural
`
`language and semantic analysis. Utilizing this technology, PersonalWeb has
`
`developed a product called StudyPods, which enables students to connect and collaborate online.
`
`13.
`
`Pcrsonalweb also develops the Global File Registry digital content management
`
`system, an online database containing unique identifiers of millions of files collected on behalf
`
`of content owners and others. The registry is capable ofidentifying files that infringe copyrights
`
`and replacing them with other content.
`
`INFRINGEMENT OF U.S. PATENT NO. 5,978,791
`
`14.
`
`On November 2, 1999, United States Patent No. 5,978,791 (the “’79l patent”)
`
`was duly and legally issued for an invention entitled “Data Processing System Using
`
`Substantially Unique Identifiers to Identify Data Items, Whereby Identical Data Items Have the
`7
`
`Same Identifiers.’
`
`PersonalWeb has an ownership interest in the ’791 patent by assignment,
`
`including the exclusive right to enforce the ’79l patent within the PersonalWeb Patent Field, and
`
`2382937vl/012790
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`Case 6:12-cv—00660 Document 1
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`Filed 09/17/12 Page 4 of 10 PagelD #: 4
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`continues to hold that ownership interest in the ’79l patent. A true and correct copy of the ’79l
`
`patent is attached hereto as Exhibit A.
`
`15.
`
`Defendant Apple has infringed and continues to infringe the ’79l patent by its
`
`manufacture, use, sale, importation, and/or offer for sale of its iTunes and iCloud services and
`
`any other Apple products or services utilizing Apple’s content upload and synchronization
`
`system within the PersonalWeb Patent Field and its contributing to and inducement of others to
`
`manufacture, use, sell, import, and/or offer for sale infringing products. Defendant is liable for
`
`its infringement of the ’79l patent pursuant to 35 U.S.C. § 27 l.
`
`16.
`
`Defendant’s acts of infringement have caused damage to PersonalWeb, and
`
`PersonalWeb is entitled to recover from Defendant the damages sustained by Personalweb as a
`
`result of Defendant’s wrongful acts in an amount subject
`
`to proof at
`
`trial. Defendant’s
`
`infringement of PersonalWeb’s
`
`rights under
`
`the
`
`’79l patent will continue to damage
`
`PersonalWeb, causing irreparable harm for which there is no adequate remedy at law, unless
`
`enjoined by this Court.
`
`INFRINGEMENT OF U.S. PATENT NO. 6,415,280
`
`17.
`
`On July 2, 2002, United States Patent No. 6,415,280 (the “’280 patent”) was duly
`
`and legally issued for an invention entitled “Identifying and Requesting Data in Network Using
`
`Identifiers Which Are Based On Contents of Data.” PersonalWeb has an ownership interest in
`
`the ’280 patent by assignment, including the exclusive right to enforce the ’280 patent within the
`
`PersonalWeb Patent Field, and continues to hold that ownership interest in the ’28O patent. A
`
`true and correct copy of the ’280 patent is attached hereto as Exhibit B.
`
`18.
`
`Defendant has
`
`infringed and continues to infringe the ’280 patent by its
`
`manufacture, use, sale, importation, and/or offer for sale ofits iTunes and iCloud services within
`
`the PersonalWeb Patent Field utilizing Apple’s content upload and synchronization system
`
`within the PersonalWeb Patent Field and its contributing to and inducement of others to
`
`manufacture, use, sell, import, and/or offer for sale infringing products. Defendant is liable for
`
`its infringement ofthe ’280 patent pursuant to 35 U.S.C. § 271.
`
`2382937vl/012790
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`GOOG-1002-Page 17 of 422
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`Case 6:12-cv-00660 Document 1
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`Filed 09/17/12 Page 5 of 10 Page|D #: 5
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`19.
`
`Defendant’s acts of infringement have caused damage to PersonalWeb, and
`
`PersonalWeb is entitled to recover from Defendant the damages sustained by PersonalWeb as a
`
`result of Defendant’s wrongful acts in an amount subject
`
`to proof at
`
`trial. Defendant’s
`
`infringement of PersonalWeb’s
`
`rights under
`
`the
`
`’280 patent will continue to damage
`
`PersonalWeb, causing irreparable harm for which there is no adequate remedy at law, unless
`
`enjoined by this Court.
`
`INFRINGEMENT OF U.S. PATENT NO. 7,802,310
`
`20.
`
`On September 21, 2010, United States Patent No. 7,802,310 (the “’310 patent”)
`
`was duly and legally issued for an invention entitled “Controlling Access to Data in a Data
`
`Processing System.” PersonalWeb has an ownership interest in the ’310 patent by assignment,
`
`including the exclusive right to enforce the ’3l0 patent within the PersonalWeb Patent Field, and
`
`continues to hold that ownership interest in the ’310 patent. A true and correct copy ofthe ’3l0
`
`patent is attached hereto as Exhibit C.
`
`21.
`
`Defendant has
`
`infringed and continues to infringe the ’3lO patent by its
`
`manufacture, use, sale, importation, and/or offer for sale of its iTunes and iCloud services and
`
`any other Apple products or services utilizing Apple’s content upload and synchronization
`
`system within the PersonalWeb Patent Field and its contributing to and inducement of others to
`
`manufacture, use, sell, import, and/or offer for sale infringing products. Defendant is liable for
`
`its infringement ofthe ’3 l 0 patent pursuant to 35 U.S.C. § 271.
`
`22.
`
`Defendant’s acts of infringement have caused damage to PersonalWeb, and
`
`PersonalWeb is entitled to recover from Defendant the damages sustained by PersonalWeb as a
`
`result of Defendant’s wrongful acts in an amount subject
`
`to proof at
`
`trial. Defendant’s
`
`infringement of PersonalWeb’s
`
`rights under
`
`the ’310 patent will continue to damage
`
`PersonalWeb, causing irreparable harm for which there is no adequate remedy at law, unless
`
`enjoined by this Court.
`
`2382937v 1/012790
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`GOOG-1002-Page 18 of 422
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`Case 6:12-cv-00660 Document 1
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`Filed 09/17/12 Page 6 of 10 Page|D #: 6
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`INFRINGEMENT OF U.S. PATENT N0. 7,945,539
`
`23.
`
`On May 17, 2011, United States Patent No. 7,945,539 (the “’539 patent”) was
`
`duly and legally issued for an invention entitled “Distributing and Accessing Data in a Data
`
`Processing System.” PersonalWeb has an ownership interest in the ’539 patent by assignment,
`
`including the exclusive right to enforce the ’539 patent within the PersonalWeb Patent Field, and
`
`continues to hold that ownership interest in the ’539 patent. A true and correct copy of the ’539
`
`patent is attached hereto as Exhibit D.
`
`24.
`
`Defendant has
`
`infringed and continues to infringe the ’539 patent by its
`
`manufacture, use, sale, importation, and/or offer for sale of its iTunes and iCloud services and
`
`any other Apple products or services utilizing Apple’s content upload and synchronization
`
`system within the PersonalWeb Patent Field and its contributing to and inducement of others to
`
`manufacture, use, sell, import, and/or offer for sale infringing products. Defendant is liable for
`
`its infringement ofthe ’539 patent pursuant to 35 U.S.C. § 271.
`
`25.
`
`Defendant’s acts of infringement have caused damage to PersonalWeb, and
`
`PersonalWeb is entitled to recover from Defendant the damages sustained by PersonalWeb as a
`
`result of Defendant’s wrongful acts in an amount subject
`
`to proof at
`
`trial. Defendant’s
`
`infringement of PersonalWeb’s
`
`rights under
`
`the
`
`’539 patent will continue to damage
`
`PersonalWeb, causing irreparable harm for which there is no adequate remedy at law, unless
`
`enjoined by this Court.
`
`INFRINGEMENT OF U.S. PATENT NO. 7,945,544
`
`26.
`
`On May 17, 201 l, United States Patent No. 7,945,544 (the “’544 patent”) was
`
`duly and legally issued for an invention entitled “Similarity-Based Access Control of Data in a
`
`Data Processing System.”
`
`PersonalWeb has an ownership interest
`
`in the ’544 patent by
`
`assignment,
`
`including the exclusive right to enforce the ’544 patent within the PersonalWeb
`
`Patent Field, and continues to hold that ownership interest in the ’544 patent. A true and correct
`
`copy of the ’544 patent is attached hereto as Exhibit E.
`
`2382937vl/012790
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`GOOG-1002-Page 19 of 422
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`Case 6:12-cv-00660 Document 1
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`Filed 09/17/12 Page 7 of 10 Page|D #: 7
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`27.
`
`Defendant has infringed and continues to infringe the ’544 patent by its
`
`manufacture, use, sale, importation, and/or offer for sale of its iTunes and iCloud services within
`
`the PersonalWeb Patent Field and any other Apple products or services utilizing Apple’s content
`
`upload and synchronization system and its contributing to and its contributing to and inducement
`
`of others to manufacture, use, sell, import, and/or offer for sale infringing products. Defendant is
`
`liable for its infringement ofthe ’544 patent pursuant to 35 U.S.C. § 271.
`
`28.
`
`Defendant’s acts of infringement have caused damage to PersonalWeb, and
`
`PersonalWeb is entitled to recover from Defendant the damages sustained by Personalweb as a
`
`result of Defendant’s wrongful acts in an amount subject
`
`to proof at
`
`trial. Defendant’s
`
`infringement of PersonalWeb’s
`
`rights under
`
`the
`
`’544 patent will continue to damage
`
`Personalweb, causing irreparable harm for which there is no adequate remedy at law, unless
`
`enjoined by this Court.
`
`INFRINGEMENT OF U.S. PATENT N0. 8,001,096
`
`29.
`
`On August 16, 201 1, United States Patent No. 8,001,096 (the “’096 patent”) was
`
`duly and legally issued for an invention entitled “Computer File System Using Content-
`
`Dependent File Identifiers.” PersonalWeb has an ownership interest
`
`in the ’096 patent by
`
`assignment,
`
`including the exclusive right to enforce the ’096 patent within the PersonalWeb
`
`Patent Field, and continues to hold that ownership interest in the ’096 patent. A true and correct
`
`copy of the ’096 patent is attached hereto as Exhibit F.
`
`30.
`
`Defendant has
`
`infringed and continues to infringe the ’O96 patent by its
`
`manufacture, use, sale, importation, and/or offer for sale of its iTunes and iCloud services and
`
`any other Apple products or services utilizing App1e’s content upload and synchronization
`
`system within the PersonalWeb Patent Field and its contributing to and inducement of others to
`
`manufacture, use, sell, import, and/or offer for sale infringing products. Defendant is liable for
`
`its infringement ofthe ’096 patent pursuant to 35 U.S.C. § 271.
`
`31.
`
`Defendant’s acts of infringement have caused damage to Personalweb, and
`
`PersonalWeb is entitled to recover from Defendant the damages sustained by PersonalWeb as a
`
`2382937v1/012790
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`GOOG-1002-Page 20 of 422
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`

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`TRADEMARK
`
`Mail Stop 3
`Director of the U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`REPORT ON THE
`FILING OR DETERMINATION OF AN
`ACTION REGARDING A PATENT OR
`
`In Compliance with 35 U.S.C. § 290 and/or 15 U.S.C. § 1116 you are hereby advised that a court action has been
`filed in the U.S. District Court
`For the Eastern District of Texas, Tyler Division
`on the following
`
`Trademarks or
`
`E/Patents.
`
`( D the patent action involves 35 U.S.C. § 292.):
`
`DOCKET NO.
`6:12—cv—OO663
`PLAINTIFF
`
`DATE FILED
`9/17/2012
`
`U.S. DISTRICT COURT
`Forthe Eastern District of Texas, T Ier Division
`DEFENDANT
`
`
`
`
`
`
`
`
`_—
`
`
`
`DATE INCLUDED
`
`In the above—entitled case, the following patent(s)/ trademark(s) have been included:
`INCLUDED BY
`
`[I Answer
`
`I] Cross Bill
`
`El Other Pleading
`
`
`I] Amendment
`PATENT OR
`DATE OF PATENT
`TRADEMARK NO.
`OR TRADEMARK
`HOLDER OF PATENT OR TRADEMARK
`_——
`——
`——
`——
`——
`
`
`
`
`
`In the above——entitled case, the following decision has been rendered or judgement issued:
`DECISION/JUDGEMENT
`
`CLERK
`
`(BY) DEPUTY CLERK
`
`Copy 1—Upon initiation of action, mail this copy to Director Copy 3——Upon termination of action, mail this copy to Director
`Copy 2——Upon filing document adding patent(s), mail this copy to Director Copy 4-—Case file copy
`
`GOOG-1002-Page 21 of 422
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`PersonalWeb Technologies, LLC, and Level 3
`Communications, LLC
`
`Microsoft Corporation,
`
`
`
`
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`GOOG-1002-Page 21 of 422
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`Case 6:12-cv-00663 Document 1
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`Filed 09/17/12 Page 8 of 11 Page|D #: 8
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`its contributing to and inducement of others to manufacture, use, sell, import, and/or offer for
`
`sale infringing products or services. Defendant is liable for its infringement of the ’544 patent
`
`pursuant to 35 U.S.C. § 271.
`
`31.
`
`Defendant’s acts of infringement have caused damage to PersonalWeb, and
`
`PersonalWeb is entitled to recover from Defendant the damages sustained by PersonalWeb as a
`
`result of Defendant’s wrongful acts in an amount subject
`
`to proof at
`
`trial. Defendant’s
`
`infringement of Persona1Web’s
`
`rights under
`
`the
`
`’544 patent will continue to damage
`
`PersonalWeb, causing irreparable harm for which there is no adequate remedy at law, unless
`
`enjoined by this Court.
`
`WILLFUL INFRINGEMENT
`
`32.
`
`Upon information and belief, the Defendant’s described infringement of any or all
`
`ofthe above-named patents is willful and deliberate, entitling PersonalWeb to increased damages
`
`under 35 U.S.C. § 284 and to attorneys’ fees and costs incurred in prosecuting this action under
`
`35 U.S.C. § 285. Defendant had prior knowledge of the Patents-in—Suit and the patented
`
`technology because among other reasons, the patents were cited in dozens of Defendant’s own
`
`patent applications, dating back to patents issued in 2002.
`
`33.
`
`For example, the following Microsoft patents cite to PersonalWeb’s ’280 patent:
`
`8,112,452 (issued on 2/7/12); 7,886,364 (issued on 2/8/11); 7,770,023 (issued on 8/3/10);
`
`7,685,415 (issued on 3/23/10); 7,617,256 (issued on 11/10/09); 7,571,327 (issued on 8/4/09);
`
`7,571,186 (issued on 8/4/09); 7,555,781 (issued on 6/30/09); 7,555,656 (issued on 6/30/09);
`
`7,539,8