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`UNITED STATES DISTRICT COURT
`EASTERN DISTRICT OF VIRGINIA
`Alexandria Division
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`STRAIGHT PATH IP GROUP, INC.,
`
`Civil Action No. 1:13-cv-934 (AJT/IDD)
`
`v.
`
`VIZIO, INC., et al.,
`
`Plaintiff,
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`Defendants.
`
`STRAIGHT PATH IP GROUP, INC.,
`
`Plaintiff,
`
`v.
`
`TOSHIBA CORPORATION, et al.,
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`Defendants.
`
`STRAIGHT PATH IP GROUP, INC.,
`
`Plaintiff,
`
`v.
`
`LG ELECTRONICS, INC., et al.,
`
`Defendants.
`
`Civil Action No. 1:13-cv-934 (AJT/IDD)
`[formerly No. 3:13-cv-503, No. 1:13-cv-1070]
`
`Civil Action No. 1:13-cv-934 (AJT/IDD)
`[formerly No. 1:13-cv-933]
`
`HULU, LLC’S COMPLAINT IN INTERVENTION
`
`LG v. Straight Path, IPR2015-00198
`Straight Path - Exhibit 2003 - Page 1
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`Pursuant to Federal Rule of Civil Procedure 24(c), Intervenor Hulu, LLC (“Hulu”) hereby
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`alleges for its Complaint in Intervention as follows:
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`1.
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`Hulu seeks a declaratory judgment of non-infringement pursuant to the
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`Declaratory Judgment Act, 28 U.S.C. §§ 2201(a) and 2202.
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`Parties
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`2.
`
`Hulu is a Delaware limited liability company with its headquarters and principal
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`place of business located at 2500 Broadway, Santa Monica, California 90404. Hulu offers its
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`millions of users a premium streaming video experience that offers a wide selection of television
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`shows, clips, movies, original programming, and more. Through its website www.hulu.com and
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`via applications offered by its many technology partners, Hulu offers a free ad-supported
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`streaming service as well as a subscription service that offers subscribers access to the current
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`season of scores of the hottest prime-time television shows.
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`3.
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`Upon information and belief, Defendant-in-Intervention Straight Path is a
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`Delaware corporation with its principal place of business at 5300 Hickory Park Drive, Suite 218,
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`Glen Allen, Virginia 23059.
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`Jurisdiction and Venue
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`4.
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`This action arises under the patent laws of the United States, 35 U.S.C. §§ 101 et
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`seq., and the Federal Declaratory Judgment Act, 28 U.S.C. §§ 2201 and 2202. This Court has
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`subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331 and 1338(a).
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`5.
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`6.
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`Venue is proper in this district pursuant to 28 U.S.C. §§ 1391(a), (b), and (c).
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`This Court has personal jurisdiction over Straight Path by virtue of, inter alia,
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`Straight Path’s principal place of business, which is in Glen Allen, Virginia, and its filing and
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`pursuit of related patent infringement litigation in this district.
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`Background and Hulu’s Interest in This Lawsuit
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`7.
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`Straight Path has accused Hulu technology partners (hereinafter, “the Hulu
`
`Partners”) LG Electronics, Inc., LG Electronics U.S.A., Inc., LG Electronics MobileComm
`
`U.S.A., Inc., Toshiba Corporation, Toshiba America, Inc., Toshiba America Information
`
`1
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`LG v. Straight Path, IPR2015-00198
`Straight Path - Exhibit 2003 - Page 2
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`Systems, Inc., and VIZIO, Inc., of making, using, selling, offering to sell, and/or importing
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`products that allegedly infringe several patents: United States Patent No. 6,009,469 (the “’469
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`Patent”), entitled “Graphic User Interface for Internet Telephony Application,” United States
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`Patent No. 6,108,704 (the “’704 Patent”), entitled “Point-to-Point Protocol,” and United States
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`Patent No. 6,131,121 (the “’121 Patent”), entitled “Point-to-Point Computer Network
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`Communication Utility Utilizing Dynamically Assigned Network Protocol Addresses.”
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`8.
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`The Hulu Partners design, manufacture, or sell devices that incorporate Hulu
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`functionality.
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`9.
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`Hulu is informed and believes that Straight Path asserts or intends to assert that
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`the ’469, ’121, and ’704 Patents are infringed by the Hulu Partners’ devices by virtue of their
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`Hulu functionality. For example, on information and belief, Straight Path has informed several
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`Hulu Partners that they infringe the patents-in-suit by virtue of Hulu functionality allegedly
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`offered on the Hulu Partners’ accused devices. Moreover, Hulu is informed and believes that
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`Straight Path has served infringement charts in this action accusing inter alia Hulu applications
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`on the Hulu Partners’ devices.
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`10.
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`Straight Path seeks damages from the Hulu Partners for making or selling devices
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`that incorporate Hulu functionality. Thus, Hulu has a direct and substantial interest in defending
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`against and defeating Straight Path’s claims with regard to the ’469, ’121, and ’704 Patents. By
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`intervening in this action, Hulu seeks the Court’s assistance and declaration concerning these
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`matters, which have been and are subjects of disagreement among the parties.
`
`11.
`
`As a result of Straight Path’s infringement allegations against the Hulu Partners
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`regarding the ’469, ’121, and ’704 Patents, an actual controversy exists between Hulu and
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`Straight Path. By intervening in this action, Hulu seeks the Court’s assistance and declaration
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`concerning these matters, which have been and are subjects of disagreement among the parties.
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`FIRST CAUSE OF ACTION
`
`Count for Declaratory Judgment of Non-Infringement of the ’469 Patent
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`12.
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`Hulu incorporates by reference the allegations in paragraphs 1-11.
`
`2
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`LG v. Straight Path, IPR2015-00198
`Straight Path - Exhibit 2003 - Page 3
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`13.
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`Straight Path has sued the Hulu Partners in the present action alleging
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`infringement of the ’469 Patent.
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`14.
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`By making, using, selling, offering to sell, marketing, licensing, or importing
`
`Hulu’s technology for use with the Hulu Partners’ products, Hulu does not infringe, directly,
`
`indirectly, literally or otherwise, a valid claim, if any, of the ’469 Patent.
`
`15.
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`The Hulu Partners do not directly or indirectly infringe a valid claim, if any, of
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`the ’469 Patent by making, using, selling, offering to sell, marketing, licensing, or importing
`
`products that incorporate Hulu functionality.
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`16.
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`Thus, an immediate, real, and justiciable controversy exists between Straight Path,
`
`on the one hand, and Hulu, on the other hand, with respect to the alleged infringement of the
`
`’469 Patent. A judicial declaration concerning these matters is necessary and appropriate at this
`
`time so that Hulu can ascertain its rights and duties with regard to the parties and with regard to
`
`designing, developing, manufacturing, marketing, and selling its products.
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`SECOND CAUSE OF ACTION
`
`Count for Declaratory Judgment of Non-Infringement of the ’121 Patent
`
`17.
`
`18.
`
`Hulu incorporates by reference the allegations in paragraphs 1-16.
`
`Straight Path has sued the Hulu Partners in the present action alleging
`
`infringement of the ’121 Patent.
`
`19.
`
`By making, using, selling, offering to sell, marketing, licensing, or importing
`
`Hulu’s technology for use with the Hulu Partners’ products, Hulu does not infringe, directly,
`
`indirectly, literally or otherwise, a valid claim, if any, of the ’121 Patent.
`
`20.
`
`The Hulu Partners do not directly or indirectly infringe a valid claim, if any, of
`
`the ’121 Patent by making, using, selling, offering to sell, marketing, licensing, or importing
`
`products that incorporate Hulu functionality.
`
`21.
`
`Thus, an immediate, real, and justiciable controversy exists between Straight Path,
`
`on the one hand, and Hulu, on the other hand, with respect to the alleged infringement of the
`
`’121 Patent. A judicial declaration concerning these matters is necessary and appropriate at this
`
`3
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`LG v. Straight Path, IPR2015-00198
`Straight Path - Exhibit 2003 - Page 4
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`time so that Hulu can ascertain its rights and duties with regard to the parties and with regard to
`
`designing, developing, manufacturing, marketing, and selling its products.
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`THIRD CAUSE OF ACTION
`
`Count for Declaratory Judgment of Non-Infringement of the ’704 Patent
`
`22.
`
`23.
`
`Hulu incorporates by reference the allegations in paragraphs 1-21.
`
`Straight Path has sued the Hulu Partners in the present action alleging
`
`infringement of the ’704 Patent.
`
`24.
`
`By making, using, selling, offering to sell, marketing, licensing, or importing
`
`Hulu’s technology for use with the Hulu Partners’ products, Hulu does not infringe, directly,
`
`indirectly, literally or otherwise, a valid claim, if any, of the ’704 Patent.
`
`25.
`
`The Hulu Partners do not directly or indirectly infringe a valid claim, if any, of
`
`the ’704 Patent by making, using, selling, offering to sell, marketing, licensing, or importing
`
`products that incorporate Hulu functionality.
`
`26.
`
`Thus, an immediate, real, and justiciable controversy exists between Straight Path,
`
`on the one hand, and Hulu, on the other hand, with respect to the alleged infringement of the
`
`’704 Patent. A judicial declaration concerning these matters is necessary and appropriate at this
`
`time so that Hulu can ascertain its rights and duties with regard to the parties and with regard to
`
`designing, developing, manufacturing, marketing, and selling its products.
`
`Therefore, Hulu requests declaratory judgment as follows:
`
`Request for Relief
`
`a) For a declaration that by making, using, selling, offering to sell, marketing, licensing,
`
`or importing Hulu’s technology for use with the Hulu Partners’ products, Hulu does
`
`not infringe, directly, indirectly, literally or otherwise, a valid claim, if any, of the
`
`’469 Patent;
`
`b) For a declaration that no valid claim of the ’469 Patent is infringed, directly,
`
`indirectly, literally, and/or under the doctrine of equivalents, by Hulu or by any of the
`
`4
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`LG v. Straight Path, IPR2015-00198
`Straight Path - Exhibit 2003 - Page 5
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`Hulu Partners by virtue of incorporating any Hulu product into those Partners’
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`products;
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`c) For a declaration that by making, using, selling, offering to sell, marketing, licensing,
`
`or importing Hulu’s technology for use with the Hulu Partners’ products, Hulu does
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`not infringe, directly, indirectly, literally or otherwise, a valid claim, if any, of the
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`’121 Patent;
`
`d) For a declaration that no valid claim of the ’121 Patent is infringed, directly,
`
`indirectly, literally, and/or under the doctrine of equivalents, by Hulu or by any of the
`
`Hulu Partners by virtue of incorporating any Hulu product into those Partners’
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`products;
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`e) For a declaration that by making, using, selling, offering to sell, marketing, licensing,
`
`or importing Hulu’s technology for use with the Hulu Partners’ products, Hulu does
`
`not infringe, directly, indirectly, literally or otherwise, a valid claim, if any, of the
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`’704 Patent;
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`f) For a declaration that no valid claim of the ’704 Patent is infringed, directly,
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`indirectly, literally, and/or under the doctrine of equivalents, by Hulu or by any of the
`
`Hulu Partners by virtue of incorporating any Hulu product into those Partners’
`
`products;
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`g) For a determination that this case is exceptional under 35 U.S.C. § 285 and an award
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`to Hulu of its attorneys’ fees, costs, and expenses in connection with this action; and
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`h) Such other and further equitable or legal relief as the Court deems just and proper.
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`Demand for Jury Trial
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`Hulu hereby demands a jury trial as to all issues triable to a jury.
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`Respectfully submitted,
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`HULU, LLC
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`5
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`LG v. Straight Path, IPR2015-00198
`Straight Path - Exhibit 2003 - Page 6
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`Dated: October 28, 2014
`
`By:
`
`/s/ Robert A. Angle
`Robert A. Angle (VSB No. 37691)
`robert.angle@troutmansanders.com
`Mary Catherine Zinsner (VSB No. 31397)
`mary.zinsner@troutmansanders.com
`K. Nicola Harrison (VSB No. 82194)
`nicola.harrison@troutmansanders.com
`TROUTMAN SANDERS LLP
`1850 Towers Crescent Plaza, Suite 500
`Tysons Corner, Virginia 22182
`Telephone: (703) 734-4334
`Facsimile: (703) 734-4340
`
`Ashok Ramani (pro hac vice)
`Matthias Kamber (pro hac vice)
`Sharif E. Jacob (pro hac vice)
`Katherine M. Lovett (pro hac vice)
`KEKER & VAN NEST LLP
`633 Battery Street
`San Francisco, CA 94111-1809
`Telephone: 415 391 5400
`Facsimile: 415 397 7188
`
`Attorneys for Intervenor
`HULU, LLC
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`CERTIFICATE OF SERVICE
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`I hereby certify that on the 28th day of October, 2014, I filed the foregoing with the Clerk
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`of the Court using the CM/ECF system, which will send a notice of electronic filing to all
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`counsel of record.
`
`By: /s/ Robert A. Angle
`Robert A. Angle (VSB No. 37691)
`robert.angle@troutmansanders.com
`TROUTMAN SANDERS LLP
`1850 Towers Crescent Plaza, Suite 500
`Tysons Corner, Virginia 22182
`Telephone: (703) 734-4334
`Facsimile: (703) 734-4340
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`23705399v1
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`6
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`LG v. Straight Path, IPR2015-00198
`Straight Path - Exhibit 2003 - Page 7
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