Case 2:14-cv-00486-SJO-PJW Document 1 Filed 01/21/14 Page 1 of 31 Page ID #:1
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`KARLA J. KRAFT (SB# 205540)
`k:kraft(a),hbwllp.com
`ASHL'bY E. MERLO (SB# 24 7997)
`Email: amerlo(a),hbwllp.com
`HODEL BRIG'GS WINTER LLP
`8105 Irvine Center Drive, Suite 1400
`Irvine, California 92618
`Telephone: (949) 450-8040
`Facsimile: (949) 450-8033
`
`ROBERT R. GILMAN (Pro hac vice application
`forthcoming)
`rgilman(a),hayesmessina.com
`HA YESJ\1ESSIN~ GILMAN & HAYES LLC
`200 State Street, 6 Floor
`Boston, Massachusetts 021 09
`Telephone: (617) 345-6904
`
`Attom~ys for Plaintiff
`BLACK HILLS MEDIA LLC
`
`UNITED STATES DISTRICT COURT
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`CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION
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`BLACK HILLS MEDIA LLC,
`
`CASE NO.
`
`Plaintiff,
`
`Assigned for all purposes to
`
`vs.
`
`SONOS, INC.,
`
`Defendant.
`
`COMPLAINT FOR PATENT
`INFRINGEMENT
`
`JURY TRIAL DEMANDED
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`244772
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`COMPLAINT
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`SONOS 1008 - Page 1
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`

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`Case 2:14-cv-00486-SJO-PJW Document 1 Filed 01/21/14 Page 2 of 31 Page ID #:2
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`Plaintiff Black Hills Media, LLC ("Black Hills" or "Plaintiff'), for its
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`Complaint against Defendant Sonos, Inc. ("Defendant"), states and alleges as
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`follows:
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`THE PARTIES
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`1.
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`Plaintiff Black Hills Media, LLC, is a Delaware limited liability
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`company having its principal place of business at 1000 N. West St., Suite 1200,
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`Wilmington, Delaware 19801.
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`2.
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`Upon information and belief, Defendant Sonos, Inc., is a Delaware
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`corporation with its principal place of business at 223 E. De La Guerra Street, Santa
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`Barbara, California 93101.
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`JURISDICTION AND VENUE
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`3.
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`This is an action for patent infringement under the patent laws of the
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`United States, Title 35, United States Code, specifically§§ 271 and 281-285. This
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`Court has subject matter jurisdiction under Title 28 United States Code §§ 1331 and
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`1338(a).
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`4.
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`Venue is properly within the district under Title 28 United States Code
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`§§ 1391(b) and (c) and 1400(b). On information and belief, Defendant has
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`purposely transacted business involving their accused products in this judicial
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`district, has committed acts of direct and/or indirect infringement in this judicial
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`district and continues to commit acts of infringement in this district.
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`BACKGROUND
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`5.
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`Black Hills owns all of the rights and interests in United States Patent
`
`Nos. 8,045,952 ("the '952 Patent"); 8,050,652 ("the '652 Patent"); 6,985,694 ("the
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`'694 Patent"); 7,742,740 ("the '740 Patent"); 6,757,517 ("the '517 Patent");
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`7,236,739 ("the '739 Patent"); 6,826,283 ("the '283 Patent"); 8,028,323 ("the '323
`1
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`COMPLAINT
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`244772
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`SONOS 1008 - Page 2
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`

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`Case 2:14-cv-00486-SJO-PJW Document 1 Filed 01/21/14 Page 3 of 31 Page ID #:3
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`Patent"); 6,108,686 ("the '686 Patent"); 8,230,099 ("the '099 Patent"); and
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`8,214,873 ("the '873 Patent") (collectively, the "Patents in Suit").
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`6.
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`The '952 Patent entitled "Method and Device for Obtaining Playlist
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`Content Over a Network" was duly and legally issued by the United States Patent
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`and Trademark Office on October 25, 2011, after full and fair examination. A copy
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`of the '952 Patent is attached as Exhibit A.
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`7.
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`The '652 Patent entitled "Method and Device for an Internet Radio
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`Capable of Obtaining Play list Content From a Content Server" was duly and legally
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`issued by the United States Patent and Trademark Office on November 1, 2011,
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`after full and fair examination. A copy of the '652 Patent is attached as Exhibit B.
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`8.
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`The '694 Patent entitled "Method and System for Providing an Audio
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`Element Cache in a Customized Personal Radio Broadcast" was duly and legally
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`issued by the United States Patent and Trademark Office on January 10, 2006, after
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`full and fair examination. A copy of the '694 Patent is attached as Exhibit C.
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`9.
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`The '740 Patent entitled "Audio Player Device for Synchronous
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`Playback of Audio Signals With a Compatible Device" was duly and legally issued
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`by the United States Patent and Trademark Office on June 22, 2010, after full and
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`fair examination. A copy of the '740 Patent is attached as Exhibit D.
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`10. The '517 Patent entitled "Apparatus and Method for Coordinated
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`Music Playback in Wireless Ad-Hoc Networks" was duly and legally issued by the
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`United States Patent and Trademark Office on June 29, 2004, after full and fair
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`examination. A copy of the '517 Patent is attached as Exhibit E.
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`11. The '739 Patent entitled "Apparatus and Method for Coordinated
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`Music Playback in Wireless Ad-Hoc Networks" was duly and legally issued by the
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`United States Patent and Trademark Office on June 26, 2007, after full and fair
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`examination. A copy of the '739 Patent is attached as Exhibit F.
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`12. The '283 Patent entitled "Method and System for Allowing Multiple
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`Nodes in a Small Environment to Play Audio Signals Independent of Other Nodes"
`2
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`COMPLAINT
`
`244772
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`SONOS 1008 - Page 3
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`

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`Case 2:14-cv-00486-SJO-PJW Document 1 Filed 01/21/14 Page 4 of 31 Page ID #:4
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`was duly and legally issued by the United States Patent and Trademark Office on
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`November 30, 2004. A copy of the '283 Patent is attached as Exhibit G.
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`13. The '323 Patent entitled "Method and System for Employing a First
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`Device to Direct a Networked Audio Device to Obtain a Media Item" was duly and
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`legally issued by the United States Patent and Trademark Office on September 27,
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`2011. A copy of the '323 Patent is attached as Exhibit H.
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`14. The '686 Patent entitled "Agent-Based On-Line Information Retrieval
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`and Viewing System" was duly and legally issued by the United States Patent and
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`Trademark Office on August 22, 2000. A copy of the '686 Patent is attached as
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`Exhibit I.
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`15. The '099 Patent entitled "System and Method for Sharing Playlists"
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`was duly and legally issued by the United States Patent and Trademark Office on
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`July 24, 2012. A copy of the '686 Patent is attached as Exhibit J.
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`16. The '873 Patent entitled "Method, System, and Computer-Readable
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`Medium for Employing a First Device to Direct a Networked Audio Device to
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`Render a Playlist" was duly and legally issued by the United States Patent and
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`Trademark Office on July 3, 2012. A copy of the '873 Patent is attached as Exhibit
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`K.
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`17. Defendant sells and distributes, including upon information and belief
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`within the Central District of California, at least the following networked audio
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`devices: Play:5, Play:3, Play 1, Bridge, Connect:Amp, Connect, 2x Play:5, 2x
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`Play:3, Sonos Control, Controller 100, Controller 200, ZonePlayer S5, ZoneBridge
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`BR 100, ZonePlayer 80, ZonePlayer 90, ZonePlayer 100, ZonePlayer 120,
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`Sonos:Sub and Playbar.
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`244772
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`3
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`COMPLAINT
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`SONOS 1008 - Page 4
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`

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`Case 2:14-cv-00486-SJO-PJW Document 1 Filed 01/21/14 Page 5 of 31 Page ID #:5
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`COUNT I
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`INFRINGEMENT OF THE '952 PATENT
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`18.
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`Plaintiff incorporates each of the preceding paragraphs 1- 17 as if
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`fully set forth herein.
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`19. Defendant is directly or indirectly infringing at least claims 1 and 9 of
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`the '952 Patent literally, or under the doctrine of equivalents, by importing into the
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`United States, or making, using, selling, or offering for sale in the United States,
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`including the Central District of California, products embodying the patented
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`inventions claimed in the '952 Patent without authority, including but not limited to
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`the products identified in preceding paragraph 1 7, or by contributing to or inducing
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`infringement of the '952 Patent by a third party.
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`20. Upon information and belief, after becoming aware of the '952 Patent
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`and its infringement thereof, Defendant has intended, and continues to intend, to
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`induce third party infringement of the '952 Patent and has knowledge that the
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`inducing acts would cause infringement or has been willfully blind to the possibility
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`that its inducing acts would cause infringement.
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`21. Black Hills made Defendant aware of the '952 Patent through
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`discussions with Defendant's counsel shortly after May 22, 2012. Additionally,
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`upon information and belief, Defendant has been aware of, and continues to be
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`aware of, the '952 Patent since at least October 4, 2012, when Black Hills and
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`Defendant filed a Joint Stipulation to Extend Time for Sonos to Answer, Move or
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`Otherwise Respond to Black Hills' First Amended Complaint in action 2: 13-cv-
`
`06062. Furthermore, on January 11, 2013 Defendant filed its Motion to Dismiss, or
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`in the Alternative for a More Definite Statement Under Fed. R. Civ. P. 12(e) in the
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`aforementioned action, evidencing its knowledge of the '952 Patent. On January
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`23, 2013, Defendant further confirmed its knowledge of the '952 Patent by filing its
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`Motion to Transfer to United States District Court for the Central District of
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`California in the aforementioned action. Subsequently, on July 26, 2013,
`4
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`COMPLAINT
`
`244772
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`SONOS 1008 - Page 5
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`

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`Case 2:14-cv-00486-SJO-PJW Document 1 Filed 01/21/14 Page 6 of 31 Page ID #:6
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`Defendant answered Black Hills' First Amended Complaint in the aforementioned
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`action. Finally, Defendant was provided a copy of Black Hills' proposed Second
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`Amended Complaint in the aforementioned action alleging infringement of inter
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`alia the '952 Patent on July 25, 2013.
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`22. Defendant's inducement of infringement of the '952 Patent includes,
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`but is not limited to, actively encouraging and instructing third parties to use
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`Defendant's products in ways that infringe the '952 Patent. Defendant ships the
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`accused products with pre-loaded streaming services (including Internet music
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`subscription services) and/or provides advertising and detailed instructions (i.e.,
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`teaching) to third parties (e.g., at the Defendant's website and/or in product manuals
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`and supplements) on how to obtain and use streaming services and other functions
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`with the accused products. Users of Defendant's products, therefore, will infringe
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`the '952 Patent.
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`23. Examples of such advertising and detailed instructions can be found in
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`the following links to the Defendant's website and the attached Exhibit L:
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`• http://www.sonos.com/music
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`• http:!/web.archive.org/web/20120829220759/http:/lblog.sonos.com/m
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`usic-on-sonos/thumbs-up-for-pandora-one/
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`•
`• https://sonos.custhelp.com/app/answers/detail/a _id/64/kw/Pandora/ses
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`sion/L3Rpb WUvMTM3NDcxNTgwNy9za WQveTNVRSoyd2w%3D
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`• http://www.sonos.com/support/onlineuserguide/enl
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`• http://itunes.apple.com/us/app/sonos-controller-for(cid:173)
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`iphone/id293523031 ?mt=8.
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`The links above show the Defendant encouraging and instructing its customers how
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`to add additional functionality to the purchased devices by obtaining and using
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`244772
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`5
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`COMPLAINT
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`SONOS 1008 - Page 6
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`

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`Case 2:14-cv-00486-SJO-PJW Document 1 Filed 01/21/14 Page 7 of 31 Page ID #:7
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`applications that make the user of the device a direct infringer of claims of the '952
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`Patent.
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`24. Defendant knew that its encouragement and instructions to third
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`parties results in infringement of the '952 Patent. Defendant is thus liable for
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`inducing infringement of the '952 Patent pursuant to 35 U.S.C. § 271(b ).
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`25. The infringement by the Defendant of the '952 Patent has injured
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`Black Hills and will cause Black Hills added irreparable injury and damage in the
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`future unless Defendant is enjoined from infringing the '952 Patent.
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`COUNT II
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`INFRINGEMENT OF THE '652 PATENT
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`26.
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`Plaintiff incorporates each of the preceding paragraphs 1-25 as if
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`fully set forth herein.
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`27. Defendant is directly or indirectly infringing at least claims 1, 21, 42,
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`and 63 of the '652 Patent literally, or under the doctrine of equivalents, by
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`importing into the United States, or making, using, selling, or offering for sale in
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`the United States, including the Central District of California, products embodying
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`the patented inventions claimed in the '652 Patent without authority, including but
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`not limited to the products identified in preceding paragraph 17, or by contributing
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`to or inducing infringement of the '652 Patent by a third party.
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`28. Upon information and belief, after becoming aware of the '652 Patent
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`and its infringement thereof, Defendant has intended, and continues to intend, to
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`induce third party infringement of the '652 Patent and has knowledge that the
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`inducing acts would cause infringement or has been willfully blind to the possibility
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`that its inducing acts would cause infringement.
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`29. Black Hills made Defendant aware of the '652 Patent through
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`discussions with Defendant's counsel shortly after May 22, 2012. Additionally,
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`upon information and belief, Defendant has been aware of, and continues to be
`6
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`COMPLAINT
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`244772
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`SONOS 1008 - Page 7
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`

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`Case 2:14-cv-00486-SJO-PJW Document 1 Filed 01/21/14 Page 8 of 31 Page ID #:8
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`1
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`aware of, the '652 Patent since at least October 4, 2012, when Black Hills and
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`Defendant filed a Joint Stipulation to Extend Time for Sonos to Answer, Move or
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`Otherwise Respond to Black Hills' First Amended Complaint in action 2:13-cv-
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`06062. Furthermore, on January 11, 2013 Defendant filed its Motion to Dismiss, or
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`in the Alternative for a More Definite Statement Under Fed. R. Civ. P. 12(e) in the
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`aforementioned action, evidencing its knowledge of the '652 Patent. On January
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`23, 2013, Defendant further confirmed its knowledge of the '652 Patent by filing its
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`Motion to Transfer to United States District Court for the Central District of
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`California in the aforementioned action. Subsequently, on July 26, 2013,
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`Defendant answered Black Hills' First Amended Complaint in the aforementioned
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`action. Finally, Defendant was provided a copy of Black Hills' proposed Second
`
`Amended Complaint in the aforementioned action alleging infringement of inter
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`alia the '652 Patent on July 25, 2013.
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`30. Defendant's inducement of infringement ofthe '652 Patent includes,
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`but is not limited to, actively encouraging and instructing third parties to use
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`Defendant's products in ways that infringe the '652 Patent. Defendant ships the
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`accused products with pre-loaded streaming services {including Internet music
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`subscription services) and/or provides advertising and detailed instructions (i.e.,
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`teaching) to third parties (e.g., at the Defendant's website and/or in product manuals
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`and supplements) on how to obtain and use streaming services and other functions
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`with the accused products. Users of Defendant's products, therefore, will infringe
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`the '652 Patent.
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`31. Examples of such advertising and detailed instructions can be found in
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`the following links to the Defendant's website and the attached Exhibit L:
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`• http:/ /www.sonos.com/music
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`• http://web.archive.org/web/20120829220759/http://blog.sonos.corn/m
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`usic-on-sonos/thumbs-up-for-pandora-one/
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`244772
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`7
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`COMPLAINT
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`SONOS 1008 - Page 8
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`

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`Case 2:14-cv-00486-SJO-PJW Document 1 Filed 01/21/14 Page 9 of 31 Page ID #:9
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`• https://sonos.custhelp.com/app/answers/detail/a _id/64/kw/Pandora/ses
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`sion/L3Rpb WUvMTM3NDcxNTgwNy9za WQveTNVRSoyd2w%3D
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`• http://www.sonos.com/support/onlineuserguide/en/
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`• http://itunes.apple.com/us/app/sonos-controller-for-
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`iphone/id293523031 ?mt=8.
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`The links above show the Defendant encouraging and instructing its customers how
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`to add additional functionality to the purchased devices by obtaining and using
`
`applications that make the user of the device a direct infringer of claims of the '652
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`Patent.
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`32. Defendant knew that its encouragement and instructions to third
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`parties results in infringement of the '652 Patent. Defendant is thus liable for
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`inducing infringement of the '652 Patent pursuant to 35 U.S.C. § 271(b ).
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`33. The infringement by the Defendant of the '652 Patent has injured
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`Black Hills and will cause Black Hills added irreparable injury and damage in the
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`future unless Defendant is enjoined from infringing the '652 Patent.
`
`COUNT III
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`INFRINGEMENT OF THE '694 PATENT
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`34.
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`Plaintiff incorporates each of the preceding paragraphs 1- 33 as if
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`fully set forth herein.
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`35. Defendant is directly or indirectly infringing at least claim 1 of the
`
`'694 Patent literally, or under the doctrine of equivalents, by importing into the
`
`United States, or making, using, selling, or offering for sale in the United States,
`
`including the Central District of California, products embodying the patented
`
`inventions claimed in the '694 Patent without authority, including but not limited to
`
`the products identified in preceding paragraph 1 7, or by contributing to or inducing
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`infringement of the '694 Patent by a third party.
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`244772
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`8
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`COMPLAINT
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`SONOS 1008 - Page 9
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`

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`Case 2:14-cv-00486-SJO-PJW Document 1 Filed 01/21/14 Page 10 of 31 Page ID #:10
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`36. Upon information and belief, after becoming aware of the '694 Patent
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`and its infringement thereof, Defendant has intended, and continues to intend, to
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`induce third party infringement of the '694 Patent and has knowledge that the
`
`inducing acts would cause infringement or has been willfully blind to the possibility
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`that its inducing acts would cause infringement.
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`37. Black Hills made Defendant aware of the '694 Patent through
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`discussions with Defendant's counsel shortly after May 22, 2012. Additionally,
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`upon information and belief, Defendant has been aware of, and continues to be
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`aware of, the '694 Patent since at least October 4, 2012, when Black Hills and
`
`Defendant filed a Joint Stipulation to Extend Time for Sonos to Answer, Move or
`
`Otherwise Respond to Black Hills' First Amended Complaint in action 2: 13-cv-
`
`06062. Furthermore, on January 11, 2013 Defendant filed its Motion to Dismiss, or
`
`in the Alternative for a More Definite Statement Under Fed. R. Civ. P. 12(e) in the
`
`aforementioned action, evidencing its knowledge of the '694 Patent. On January
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`23, 2013, Defendant further confirmed its knowledge of the '694 Patent by filing its
`
`Motion to Transfer to United States District Court for the Central District of
`
`California in the aforementioned action. Subsequently, on July 26, 2013,
`
`Defendant answered Black Hills' First Amended Complaint in the aforementioned
`
`action. Finally, Defendant was provided a copy of Black Hills' proposed Second
`
`Amended Complaint in the aforementioned action alleging infringement of inter
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`alia the '694 Patent on July 25, 2013.
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`38. Defendant's inducement of infringement of the '694 Patent includes,
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`but is not limited to, actively encouraging and instructing third parties to use
`
`Defendant's products in ways that infringe the '694 Patent. Defendant ships the
`
`accused products with pre-loaded streaming services (including Internet music
`
`subscription services) and/or provides advertising and detailed instructions (i.e.,
`
`teaching) to third parties (e.g., at the Defendant's website and/or in product manuals
`
`and supplements) on how to obtain and use streaming services and other functions
`9
`
`COMPLAINT
`
`244772
`
`SONOS 1008 - Page 10
`
`

`

`Case 2:14-cv-00486-SJO-PJW Document 1 Filed 01/21/14 Page 11 of 31 Page ID #:11
`
`with the accused products. Users of Defendant's products, therefore, will infringe
`
`the '694 Patent.
`
`3 9. Examples of such advertising and detailed instructions can be found in
`
`the following links to the Defendant's website and the attached Exhibit L:
`
`• http:/ /www.sonos.com/music
`
`• http://web.archive.org/web/20 1208292207 59/http:/ /blog.sonos.com/m
`
`usic-on-sonos/thumbs-up-for-pandora-one/
`
`• https://sonos.custhelp.com/app/answers/detail/a _id/64/kw/Pandora/ses
`
`sion/L3Rpb WUvMTM3NDcxNTgwNy9za WQveTNVRSoyd2w%3D
`
`• http://www.sonos.com/support/onlineuserguide/en/
`
`• http://itunes.apple.com/us/app/sonos-controller-for-
`
`iphone/id293523031 ?mt=8.
`
`The links above show the Defendant encouraging and instructing its customers how
`
`to add additional functionality to the purchased devices by obtaining and using
`
`applications that make the user of the device a direct infringer of claims of the '694
`
`Patent.
`
`40. Defendant knew that its encouragement and instructions to third
`
`parties results in infringement of the '694 Patent. Defendant is thus liable for
`
`inducing infringement of the '694 Patent pursuant to 35 U.S.C. § 271(b).
`
`41. The infringement by the Defendant of the '694 Patent has injured
`
`Black Hills and will cause Black Hills added irreparable injury and damage in the
`
`future unless Defendant is enjoined from infringing the '694 Patent.
`
`COUNT IV
`
`INFRINGEMENT OF THE '740 PATENT
`
`42.
`
`Plaintiff incorporates each of the preceding paragraphs 1- 41 as if
`
`fully set forth herein.
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`244772
`
`10
`
`COMPLAINT
`
`SONOS 1008 - Page 11
`
`

`

`Case 2:14-cv-00486-SJO-PJW Document 1 Filed 01/21/14 Page 12 of 31 Page ID #:12
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`43. Defendant is directly or indirectly infringing at least claim 1 of the
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`'740 Patent literally, or under the doctrine of equivalents, by importing into the
`
`United States, or making, using, selling, or offering for sale in the United States,
`
`including the Central District of California, products embodying the patented
`
`inventions claimed in the '740 Patent without authority, including but not limited to
`
`the products identified in preceding paragraph 1 7, or by contributing to or inducing
`
`infringement of the '740 Patent by a third party.
`
`44. Upon information and belief, after becoming aware of the '740 Patent
`
`and its infringement thereof, Defendant has intended, and continues to intend, to
`
`induce third party infringement of the '7 40 Patent and has knowledge that the
`
`inducing acts would cause infringement or has been willfully blind to the possibility
`
`that its inducing acts would cause infringement.
`
`45. Black Hills made Defendant aware of the '740 Patent through
`
`discussions with Defendant's counsel shortly after May 22, 2012. Additionally,
`
`upon information and belief, Defendant has been aware of, and continues to be
`
`aware of, the '740 Patent since at least October 4, 2012, when Black Hills and
`
`Defendant filed a Joint Stipulation to Extend Time for Sonos to Answer, Move or
`
`Otherwise Respond to Black Hills' First Amended Complaint in action 2:13-cv-
`
`06062. Furthermore, on January 11, 2013 Defendant filed its Motion to Dismiss, or
`
`in the Alternative for a More Definite Statement Under Fed. R. Civ. P. 12(e) in the
`
`aforementioned action, evidencing its knowledge of the '740 Patent. On January
`
`23, 2013, Defendant further confirmed its knowledge of the '740 Patent by filing its
`
`Motion to Transfer to United States District Court for the Central District of
`
`California in the aforementioned action. Subsequently, on July 26, 2013,
`
`Defendant answered Black Hills' First Amended Complaint in the aforementioned
`
`action. Finally, Defendant was provided a copy of Black Hills' proposed Second
`
`Amended Complaint in the aforementioned action alleging infringement of inter
`
`alia the '740 Patent on July 25, 2013.
`
`244772
`
`11
`
`COMPLAINT
`
`SONOS 1008 - Page 12
`
`

`

`Case 2:14-cv-00486-SJO-PJW Document 1 Filed 01/21/14 Page 13 of 31 Page ID #:13
`
`46. Defendant's inducement of infringement ofthe '740 Patent includes,
`
`but is not limited to, actively encouraging and instructing third parties to use
`
`Defendant's products in ways that infringe the '740 Patent. Defendant ships the
`
`accused products with pre-loaded software and services (including Internet music
`
`subscription services) and/or provides advertising and detailed instructions (i.e.,
`
`teaching) to third parties (e.g., at the Defendant's website and/or in product manuals
`
`and supplements) on how to obtain and use streaming services and other functions
`
`with the accused products. Users of Defendant's products, therefore, will infringe
`
`the '740 Patent.
`
`4 7. Examples of such advertising and detailed instructions can be found in
`
`the following links to the Defendant's website and the attached Exhibit L:
`
`• http://www.sonos.com/music
`
`• http:/ /web.archive.org/web/20 120829220759/http:/ /blog.sonos.com/m
`
`usic-on-sonos/thumbs-up-for-pandora-one/
`
`• https://sonos.custhelp.com/app/answers/detail/a_id/64/kw/Pandora/ses
`
`sion/L3Rpb WUvMTM3NDcxNTgwNy9za WQveTNVRSoyd2w%3D
`
`• http://www.sonos.com/support/onlineuserguide/en/
`
`• http://itunes.apple.com/us/app/sonos-controller-for-
`
`iphone/id293523031 ?mt=8.
`
`The links above show the Defendant encouraging and instructing their customers
`
`how to add additional functionality to the purchased devices by obtaining and using
`
`applications that make the user of the device a direct infringer of claims of the '740
`
`Patent.
`
`48. Defendant knew that its encouragement and instructions to third
`
`parties results in infringement of the '740 Patent. Defendant is thus liable for
`
`inducing infringement of the '740 Patent pursuant to 35 U.S.C. § 271(b).
`
`1
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`2
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`28
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`244772
`
`12
`
`COMPLAINT
`
`SONOS 1008 - Page 13
`
`

`

`Case 2:14-cv-00486-SJO-PJW Document 1 Filed 01/21/14 Page 14 of 31 Page ID #:14
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`1
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`49. The infringement by the Defendant of the '740 Patent has injured
`
`Black Hills and will cause Black Hills added irreparable injury and damage in the
`
`future unless Defendant is enjoined from infringing the '740 Patent.
`
`COUNTV
`
`INFRINGEMENT OF THE '517 PATENT
`
`50.
`
`Plaintiff incorporates each of the preceding paragraphs 1-49 as if
`
`fully set forth herein.
`
`51. Defendant is directly or indirectly infringing at least claims 6 and 13 of
`
`the '517 Patent literally, or under the doctrine of equivalents, by importing into the
`
`United States, or making, using, selling, or offering for sale in the United States,
`
`including the Central District of California, products embodying the patented
`
`inventions claimed in the '517 Patent without authority, including but not limited to
`
`the products identified in preceding paragraph 17, or by contributing to or inducing
`
`infringement of the '517 Patent by a third party.
`
`52. Upon information and belief, after becoming aware of the '517 Patent
`
`and its infringement thereof, Defendant has intended, and continues to intend, to
`
`induce third party infringement of the '51 7 Patent and has knowledge that the
`
`inducing acts would cause infringement or has been willfully blind to the possibility
`
`that its inducing acts would cause infringement.
`
`53. Black Hills made Defendant aware of the '517 Patent through
`
`discussions with Defendant's counsel shortly after May 22, 2012. Additionally,
`
`upon information and belief, Defendant has been aware of, and continues to be
`
`aware of, the '517 Patent since at least October 4, 2012, when Black Hills and
`
`Defendant filed a Joint Stipulation to Extend Time for Sonos to Answer, Move or
`
`Otherwise Respond to Black Hills' First Amended Complaint in action 2: 13-cv-
`
`06062. Furthermore, on January 11, 2013 Defendant filed its Motion to Dismiss, or
`
`in the Alternative for a More Defmite Statement Under Fed. R. Civ. P. 12(e) in the
`13
`
`COMPLAINT
`
`244772
`
`SONOS 1008 - Page 14
`
`

`

`Case 2:14-cv-00486-SJO-PJW Document 1 Filed 01/21/14 Page 15 of 31 Page ID #:15
`
`aforementioned action, evidencing its knowledge of the '51 7 Patent. On January
`
`23, 2013, Defendant further confirmed its knowledge of the '517 Patent by filing its
`
`Motion to Transfer to United States District Court for the Central District of
`
`California in the aforementioned action. Subsequently, on July 26, 2013,
`
`Defendant answered Black Hills' First Amended Complaint in the aforementioned
`
`action. Finally, Defendant was provided a copy of Black Hills' proposed Second
`
`Amended Complaint in the aforementioned action alleging infringement of inter
`
`alia the '517 Patent on July 25, 2013.
`
`54. Defendant's inducement of infringement of the '517 Patent includes,
`
`but is not limited to, actively encouraging and instructing third parties to use
`
`Defendant's products in ways that infringe the '517 Patent. Defendant ships the
`
`accused products with pre-loaded streaming services (including Internet music
`
`subscription services) and/or provides advertising and detailed instructions (i.e.,
`
`teaching) to third parties (e.g., at the Defendant's website and/or in product manuals
`
`and supplements) on how to obtain and use streaming services and other functions
`
`with the accused products. Users of Defendant's products, therefore, will infringe
`
`the '51 7 Patent.
`
`55. Examples of such advertising and detailed instructions can be found in
`
`the following links to the Defendant's website and the attached Exhibit L:
`
`• http:/ /www.sonos.com/music
`
`• http:/ /web.archive.org/web/20 120829220759/http:/ /blog.sonos.com/m
`
`usic-on-sonos/thumbs-up-for-pandora-one/
`
`• https://sonos.custhelp.com/app/answers/detail/a _id/64/kw/Pandora/ses
`
`sion/L3Rpb WUvMTM3NDcxNTgwNy9za WQveTNVRSoyd2w%3D
`
`• http:/ /www.sonos.com/ support/ onlineuserguide/ en/
`
`• http:/ /itunes.apple.com/us/app/sonos-controller-for(cid:173)
`
`iphone/id293523031 ?mt=8.
`
`1
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`244772
`
`14
`
`COMPLAINT
`
`SONOS 1008 - Page 15
`
`

`

`Case 2:14-cv-00486-SJO-PJW Document 1 Filed 01/21/14 Page 16 of 31 Page ID #:16
`
`The links above show the Defendant encouraging and instructing its customers how
`
`to add additional functionality to the purchased devices by obtaining and using
`
`applications that make the user of the device a direct infringer of claims of the '51 7
`
`Patent.
`
`56. Defendant knew that its encouragement and instructions to third
`
`parties results in infringement of the '517 Patent. Defendant is thus liable for
`
`inducing infringement of the '517 Patent pursuant to 35 U.S.C. § 271(b).
`
`57.
`
`Further, Defendant contributed to third party infringement of the '517
`
`Patent since the accused products do not have substantial non-infringing uses and
`
`the accused products are designed to operate together when in synchronous mode.
`
`The synchronous operation of the Defendant's products is a material part of the
`
`invention claimed in the '51 7 Patent.
`
`58. The infringement by the Defendant of the '517 Patent has injured
`
`Black Hills and will cause Black Hills added irreparable injury and damage in the
`
`future unless Defendant is enjoined from infringing the '517 Patent.
`
`COUNT VI
`
`INFRINGEMENT OF THE '739 PATENT
`
`59.
`
`Plaintiff incorporates each of the preceding paragraphs 1 -58 as if
`
`fully set forth herein.
`
`60. Defendant is directly or indirectly infringing at least claims 2 and 9 of
`
`the '739 Patent literally, or under the doctrine of equivalents, by importing into the
`
`United States, or making, using, selling, or offering for sale in the United States,
`
`including the Central District of California, products embodying the patented
`
`inventions claimed in the '739 Patent without authority, including but not limited to
`
`the products identified in preceding paragraph 1 7, or b