`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`
`
`
`C.A. No. _______________
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`JURY TRIAL DEMANDED
`
`
`
`DRAGON INTELLECTUAL
`PROPERTY, LLC,
`
`
`Plaintiff,
`
`
`
`v.
`
`
`DISH NETWORK L.L.C.,
`
`
`Defendant.
`
`
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`Plaintiff Dragon Intellectual Property, LLC (“Dragon”) hereby brings this action against
`
`DISH Network L.L.C. (“DISH”) for infringement of United States Patent No. 5,930,444 (“the
`
`’444 patent”) and alleges as follows:
`
`NATURE OF THE ACTION AND PARTIES
`
`1.
`
`This is an action for patent infringement under the patent laws of the United
`
`States of America.
`
`2.
`
`Dragon is a limited liability company organized and existing under the laws of the
`
`State of Delaware.
`
`3.
`
`DISH is a limited liability company organized and existing under the laws of the
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`State of Colorado. DISH can be served through Delaware’s long-arm statute via its registered
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`agent, R. Stanton Dodge, 9601 S. Meridian Blvd., Englewood, Colorado 80112.
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`JURISDICTION
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`4.
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`This Court has subject matter jurisdiction over this action pursuant to 28 U.S.C.
`
`§§ 1331 and 1338(a), as this is an action arising under the Patent Act, 35 U.S.C. § 1 et seq.
`
`
`
`
`
`Dish, Exh. 1011, p. 1
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`
`
`Case 1:99-mc-09999 Document 1610 Filed 12/20/13 Page 2 of 4 PageID #: 129139
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`
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`VENUE
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`5.
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`Venue is proper in this district pursuant to 28 U.S.C. §§ 1391(b) and 1400(b).
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`FACTUAL BACKGROUND
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`6.
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`The ’444 patent is entitled “Simultaneous Recording and Playback Apparatus.” A
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`copy of the ’444 patent is attached hereto as Exhibit A.
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`7.
`
`The invention of the ’444 patent generally relates to a keyboard equipped
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`audiovisual recording and playback device having an input and an output adapted for connection
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`between a user’s signal source and display device, and a memory unit with a storage medium
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`enabling random access to programming information stored therein. A keyboard responsive
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`control circuit enables manipulation and transfer of programming information between the input,
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`output, and memory. Substantially simultaneous recording and playback of television type
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`signals is achieved, thus enabling user controlled programming delay.
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`8.
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`The application that resulted in the ’444 patent was filed on April 28, 1994, as a
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`continuation of an application filed on April 23, 1992. The United States Patent and Trademark
`
`Office duly and legally issued the ’444 patent on July 27, 1999.
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`COUNT I
`INFRINGEMENT OF U.S. PATENT NO. 5,930,444
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`Dragon realleges and incorporates by reference the allegations of paragraphs 1-8,
`
`9.
`
`inclusive, as if fully set forth herein.
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`10.
`
`Dragon owns all right, title, and interest in the ’444 patent, including the right to
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`recover damages for infringement of the ’444 patent throughout the period of the infringement
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`complained of herein.
`
`- 2 -
`
`Dish, Exh. 1011, p. 2
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`
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`Case 1:99-mc-09999 Document 1610 Filed 12/20/13 Page 3 of 4 PageID #: 129140
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`
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`11.
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`DISH has directly infringed Claims 1, 2, 3, 4, 7, and 8 of the ’444 patent by using,
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`selling, and offering to sell DVR receivers, including Hopper, Hopper with Sling, 922, 722k,
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`612, 612c, 522/625, 512.
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`JURY DEMAND
`
`Dragon requests a trial by jury for all issues so triable.
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`PRAYER FOR RELIEF
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`Dragon prays for relief as follows:
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`1.
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`Compensatory damages in an amount according to proof, and in no event less
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`than a reasonable royalty;
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`2.
`
`3.
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`4.
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`Prejudgment interest on the compensatory damages awarded to Dragon;
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`Post-judgment interest on all sums awarded to Dragon from the date of judgment;
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`A preliminary and permanent injunction forbidding DISH and its officers, agents,
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`servants, employees, and attorneys, and all those in active concert or participation with them,
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`from further infringing the ’444 patent;
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`5.
`
`6.
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`Costs of suit incurred herein; and
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`Any and all other relief that the Court deems just and equitable.
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`- 3 -
`
`Dish, Exh. 1011, p. 3
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`
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`Case 1:99-mc-09999 Document 1610 Filed 12/20/13 Page 4 of 4 PageID #: 129141
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`
`
`Dated: December 20, 2013
`
`OF COUNSEL:
`
`Robert E. Freitas
`FREITAS TSENG & KAUFMAN LLP
`100 Marine Parkway, Suite 200
`Redwood Shores, CA 94065
`(650) 593-6300
`rfreitas@ftklaw.com
`
`
`
`
`BAYARD, P.A.
`
`/s/ Richard D. Kirk
`Richard D. Kirk (rk0922)
`Stephen B. Brauerman (sb4952)
`Vanessa R. Tiradentes (vt5398)
`Sara E. Bussiere (sb5725)
`222 Delaware Avenue, Suite 900
`P.O. Box 25130
`Wilmington, DE 19899-5130
`(302) 655-5000
`rkirk@bayardlaw.com
`sbrauerman@bayardlaw.com
`vtiradentes@bayardlaw.com
`sbussiere@bayardlaw.com
`
`Attorneys for Plaintiff
`Dragon Intellectual Property, LLC
`
`
`- 4 -
`
`Dish, Exh. 1011, p. 4
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