UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF ILLINOIS
`Eastern Division
`
`
`
`Civil Action No. 1:14-cv-07488
`
`
`
`Hon. Matthew F. Kennelly
`
`Hon. Mag. J. Young B. Kim
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`
`
`JURY TRIAL DEMANDED
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`QURIO HOLDINGS, INC.,
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`
`
`
`
`
`Plaintiff,
`
`v.
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`COMCAST CORPORATION and
`COMCAST CABLE COMMUNICATIONS,
`LLC,
`
`
`
`
`
`Defendants.
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`
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`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
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`Plaintiff, Qurio Holdings, Inc. (“Qurio”), alleges the following for its complaint of patent
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`
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`
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`
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`infringement against Comcast Corporation and Comcast Cable Communications, LLC
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`(collectively, “Defendants”).
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`NATURE OF THE ACTION
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`This is an action for patent infringement of (1) United States Patent No. 8,102,863
`
`entitled “High-speed WAN To Wireless LAN Gateway” (“the 863 Patent”), (2) United States
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`Patent No. 7,996,482 entitled “RDMA Based Real-Time Video Client Playback Architecture”
`
`(“the 482 Patent”), (3) United States Patent No. 7,787,904 entitled “Personal Area Network
`
`Having Media Player And Mobile Device Controlling The Same” (“the 904 Patent”), and (4)
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`United States Patent No. 8,879,567 entitled “High-speed WAN To Wireless LAN Gateway”
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`(“the 567 Patent”), each originally owned by Plaintiff Qurio, under the Patent Laws of the United
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`Page 1 of 23
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`Unified Patents Exhibit 1016
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`

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`States, 35 U.S.C. § 1, et seq., and seeking damages and injunctive and other relief under 35
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`U.S.C. § 281, et seq.
`
`THE PARTIES
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`Plaintiff Qurio is a Delaware corporation with a principal place of business at 20
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`1.
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`Depot Street, Suite 2A, Peterborough, New Hampshire 03458-1453. Qurio is a technology
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`company that develops technological solutions for network communications, telephony, and
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`media delivery and distribution, including images, video and music.
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`2.
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`On information and belief, Defendant Comcast Corporation (“Comcast”) is a
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`corporation organized and existing under the laws of the State of Pennsylvania, with its principal
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`place of business at One Comcast Center, 1701 John F. Kennedy Blvd., Philadelphia,
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`Pennsylvania 19103.
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`3.
`
`On information and belief, Defendant Comcast Cable Communications, LLC
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`(“Comcast Cable”) is a limited liability company organized and existing under the laws of the
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`State of Delaware, with its principal place of business at One Comcast Center, 1701 John F.
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`Kennedy Blvd., Philadelphia, Pennsylvania 19103. Comcast Cable is a wholly-owned subsidiary
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`of Comcast (collectively herein, “Defendants”).
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`JURISDICTION AND VENUE
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`4.
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`This is an action for patent infringement arising under the Patent Laws of the
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`United States, Title 35 of the United States Code.
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`5.
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`This Court has subject matter jurisdiction over this action pursuant to 28 U.S.C.
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`§§ 1331 and 1338(a) because the action concerns the infringement of United States patents.
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`6.
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`Venue is proper in this Judicial District pursuant to 28 U.S.C. §§ 1391 and
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`1400(b) because, among other reasons, Defendants have transacted business in this District,
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`2
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`Defendants have committed and continue to commit acts of patent infringement in this District,
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`and Defendants have regular and established places of business in this District.
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`7.
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`Upon information and belief, this Court has personal jurisdiction over Defendants
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`because Defendants have done and are doing substantial business in this Judicial District, both
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`generally and with respect to the allegations in this Complaint, and Defendants have committed
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`one or more acts of infringement in this District. Defendants maintain continuous and systematic
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`contacts in this District, purposefully availing themselves of the privileges of doing business in
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`this District, and/or deriving substantial revenue from goods and services provided to individuals
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`in this District.
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`8.
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`In Technology Development and Licensing, LLC, Civil Action No. 08-cv-03584
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`filed in this District, Defendant Comcast Corporation represented in its Answer that “Comcast
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`does business in this District, and has offices located in this District, for example, at 5711 South
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`Western Avenue, Chicago, Illinois.”
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`9.
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`In Comcast Cable Communications, LLC v. DirecTV Inc., Civil Action No. 11-cv-
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`05284, Defendant Comcast Cable Communications, LLC filed a lawsuit against a competitor in
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`this District and represented that “Comcast Cable Communications, LLC, [has] a Registered
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`Office located at 208 South LaSalle Street, Chicago, Illinois 60604, and [has] branch offices
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`throughout Illinois, including in this District.”
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`10.
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`In DirecTV Inc. v. Comcast of Illinois III, Inc. et al., case no. 07-cv-02568,
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`Comcast Corporation filed an Answer in which it admitted that Comcast Corporation advertises
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`in this District, and has subscribers in the District and offers its television services in this
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`District:
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`Comcast [Corporation] offers analog, digital, and high-definition and other television
`programming to subscribers throughout the United States, including within this
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`3
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`[Northern] District [of Illinois]. Comcast [Corporation] advertises its television
`programming services throughout the United States - including in this District - through
`various media, including television, radio, Internet, and print. …. Comcast [Corporation]
`has millions of subscribers nationwide, including in this District.
`
`DirecTV Inc. v. Comcast of Illinois III, Inc. et al., case no. 07-cv-02568, dkt. entry no. 18, at p. 4.
`
`
`Comcast Corporation owns the trademarks COMCAST and XFINITY, in
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`11.
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`conjunction with which Defendants market and sell the accused products and services in this
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`District. The United States Trademark Office has registered six XFINITY Trademarks for
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`Comcast’s Xfinity products and services, all of which are owned by Comcast Corporation. See
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`Exhibit Q. The United States Trademark Office has registered five COMCAST Trademarks for
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`Comcast’s products and services, owned by Comcast Corporation. See Exhibit R.
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`12.
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`Comcast Corporation, Comcast Cable Communications, LLC, and
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`their
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`subsidiaries act as a single entity while conducting business within this District. In 2014, in a
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`FY2013 Annual Report filed with the Securities and Exchange Commission, Defendant Comcast
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`Corporation represented that:
`
`we refer to Comcast Corporation as “Comcast;” Comcast and its consolidated
`subsidiaries,
`including NBCUniversal Media, LLC
`(“NBCUniversal”) and
`its
`consolidated subsidiaries, as “we,” “us” and “our;”
`[and] Comcast Cable
`Communications, LLC and its subsidiaries as “Comcast Cable;”
`* * *
`
`We present our operations for Comcast Cable in one reportable business segment,
`referred to as Cable Communications, and our operations for NBCUniversal in four
`reportable business segments.
`
`* * *
`
`Our principal physical assets consist of operating plant and equipment, including signal
`receiving, encoding and decoding devices, headends and distribution networks, and
`equipment at or near our customers’ homes. . . . Customer premise equipment (“CPE”)
`consists primarily of set-top boxes and cable modems. The physical components of cable
`systems require periodic maintenance and replacement.
`
`Our signal reception sites, which consist primarily of antenna towers and headends, and
`our microwave facilities are located on owned and leased parcels of land, and we own or
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`4
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`Page 4 of 23
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`lease space on the towers on which certain of our equipment is located. We own most of
`our service vehicles.
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`We own or lease buildings throughout the country that contain customer service call
`centers, customer service centers, warehouses and administrative space.
`
`See Exhibit D (select portion of Comcast Corporation 2013 Form 10-K (Annual Report)), at pp.
`
`TOC1, 1, 5, 40 (underlining added).
`
`13.
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`Comcast Corporation represents that it has thousands of employees in this
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`District. On a Comcast website, Comcast represents that:
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`With more than 7,000 local employees, Comcast’s Greater Chicago
`Region serves customers in central and northern Illinois, including the
`Chicago area, northwest Indiana and southwest Michigan.
`
`http://comcastgcr.com/2013/06/10/comcast-launches-the-x1-platform-for-xfinity-in-illinois-nw-
`indiana-and-sw-michigan/ (underlining added).
`
`
`14.
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`The Illinois Secretary of State has registered at least 80 Comcast-named business
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`entities in Illinois (“the Illinois subsidiaries”). See Exhibit N (IL Secretary of State database
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`printout). At least 12 of those are named “Comcast of Illinois” or “Comcast of Chicago.” Of the
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`7 of those that identify a President, six identify, in their Illinois Secretary of State registry
`
`information, the Comcast Cable Communications, LLC CEO as their President. See Exhibit N.
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`Every entity named “Comcast of Chicago” or “Comcast of Illinois” is believed to be 100%
`
`owned by Comcast Corporation and/or Comcast Cable Communications, LLC. See Exhibit O
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`(Lexis Corporate Affiliations Report (identifying each entity as a “shell”)).
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`15.
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`On information and belief, Defendants Comcast Corporation and Comcast Cable
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`Communications, LLC exercise virtually complete control over their Illinois subsidiaries
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`registered in the state of Illinois.
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`5
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`16.
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`On information and belief, the Comcast Illinois subsidiaries registered in Illinois
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`and operating in this District are acting as the agents of Defendants Comcast Corporation and/or
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`Comcast Cable Communications, LLC.
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`17.
`
`On information and belief, the only purpose of the Comcast Illinois subsidiaries
`
`registered in Illinois and operating in this District is to conduct the business of Defendants
`
`Comcast Corporation and Comcast Cable Communications, LLC in Illinois.
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`18.
`
`On information and belief, the Comcast Illinois subsidiaries registered in Illinois
`
`and operating in this District, and Defendants Comcast Corporation and Comcast Cable
`
`Communications, LLC, are operating as a single enterprise with respect to the acts performed in
`
`this District and alleged to constitute infringement as asserted in this Amended Complaint.
`
`THE PATENTS-IN-SUIT
`
`19.
`
`Qurio is the original owner and has been at all relevant times the owner by
`
`assignment of the 863 Patent, entitled “High-Speed WAN To Wireless WLAN Gateway,” which
`
`the United States Patent and Trademark Office duly and legally issued on January 24, 2012. A
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`true and correct copy of the 863 Patent is attached hereto as Exhibit A.
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`20.
`
`The 863 Patent is generally directed to providing communication between a high-
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`speed wide-area network (“WAN”) network and a lower speed Wireless Local Area Network
`
`(“WLAN”).
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`21.
`
`Qurio is the original owner and has been at all relevant times the owner by
`
`assignment of the 482 Patent, entitled “RDMA Based Real-Time Video Client Playback
`
`Architecture,” which the United States Patent and Trademark Office duly and legally issued on
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`August 9, 2011. A true and correct copy of the 482 Patent is attached hereto as Exhibit B.
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`6
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`Page 6 of 23
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`22.
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`The 482 Patent is generally directed to Remote Direct Memory Access
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`(“RDMA”) data transfers for video playback, and media content distribution systems.
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`23.
`
`Qurio is the original owner and has been at all relevant times the owner by
`
`assignment of the 904 Patent, entitled “Personal Area Network Having Media Player And
`
`Mobile Device Controlling The Same,” which the United States Patent and Trademark Office
`
`duly and legally issued on August 31, 2010. A true and correct copy of the 904 Patent is
`
`attached hereto as Exhibit C.
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`24.
`
`The 904 Patent is directed to utilizing mobile devices to control content played by
`
`a plurality of media devices.
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`25.
`
`Qurio is and has been at all relevant times the original owner by assignment of the
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`567 Patent, entitled “High-Speed WAN To Wireless WLAN Gateway,” which the United States
`
`Patent and Trademark Office duly and legally issued on November 4, 2014. The 567 Patent is a
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`continuation of the 863 Patent. A true and correct copy of the 567 Patent is attached hereto as
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`Exhibit P.
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`26.
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`Like the 863 patent, the 567 Patent is generally directed to providing
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`communication and interconnection between a first network and a second network.
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`
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`DEFENDANTS’ INFRINGING ACTIVITIES
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`27.
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`Defendants distribute media content and provide video-on-demand and related
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`services to their customers across the United States, by, among other things, transmitting content
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`to their customers’ televisions, digital video recorders (“DVRs”), set-top boxes (“STBs”), and
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`wireless and other devices. Defendants purport to be the largest provider of cable television,
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`high-speed Internet, and related services to residential customers in the United States. See
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`7
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`Exhibit D (select portion of Comcast Corporation 2013 Form 10-K (Annual Report), at p. 1.
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`Defendants purport to have over 21 million subscribers for their video services in the United
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`States. See Exhibit D (select portion of Comcast Corporation 2013 Form 10-K (Annual Report),
`
`at p. 3.
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`28.
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`In filings with the United States Securities and Exchange Commission, Defendant
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`Comcast Corporation describes some of its business activities (and business activities of
`
`Defendant Comcast Cable Communications, LLC) as follows:
`
`we refer to Comcast Corporation as “Comcast;” Comcast and its consolidated
`subsidiaries, including NBCUniversal Media, LLC (“NBCUniversal”) and its
`consolidated subsidiaries, as “we,” “us” and “our;” [and] Comcast Cable
`Communications, LLC and its subsidiaries as “Comcast Cable;”
`* * *
`We are a global media and technology company with two primary businesses,
`Comcast Cable and NBCUniversal. Comcast was incorporated under the laws of
`Pennsylvania in 2001, and through its predecessors, has developed, managed and
`operated cable systems since 1963. . . . We present our operations for Comcast
`Cable in one reportable business segment, referred to as Cable Communications,
`and our operations for NBCUniversal in four reportable business segments.
`
` •
`
` Cable Communications: Consists of the operations of Comcast Cable, which
`is the nation’s largest provider of video, high-speed Internet and voice services
`(“cable services”) to residential customers under the XFINITY brand, and we
`also provide similar services to businesses and sell advertising.
`
`
`* * *
`Our HD video service provides customers that have an HD set-top box with
`high-resolution picture quality, improved audio quality and a wide-screen
`format. Our HD service includes a broad selection of HD programming choices,
`including major broadcast networks, leading national cable networks, premium
`networks and regional sports networks. We also offer select programming in 3-D
`format, on both linear channels and through On Demand, to our HD customers
`who have 3-D capable TV sets. Our DVR service allows digital video customers
`to select, record and store programs on their set-top box and play them at
`whatever time is convenient. Our DVR service also provides the ability to pause
`and rewind “live” television.
`
`We have invested in our IP and cloud-enabled video platform, referred to as our
`X1 platform, which is now available in all of the markets in which we operate.
`The X1 platform provides
`integrated search functionality, personalized
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`
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`8
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`racv Vopa
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`televisions.
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`
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`recommendaations and appps accessibble through
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`Our video ccustomers
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`
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`also have thhe ability too view certaain live proogramming aand our Onn Demand
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`
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`
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`content, broowse programm listings, sschedule annd manage DDVR recorddings, and
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`
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`view additioonal movies aand other coontent onlinee.
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`
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`Video custommers may allso subscribee to our Streeampix serviice, which, ddepending
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`
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`on the custtomer’s leveel of servicce, may incclude a monnthly fee. SStreampix
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`
`
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`
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`provides cusstomers withh access to ccertain progrramming viaa On Demannd, online
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`
`
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`and through our mobile apps for smaartphones annd tablets.
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`
`
`
`See Exhiibit D (selectt portion of
`
`
`
`Comcast Coorporation 2
`
`013 Form 1
`
`
`
`0-K (Annuaal Report)), aat pp.
`
`
`
`
`
`TOC, 1, 5.
`
`
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`29.
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`Upon
`
`
`
`, sell, lease, s make, use,, Defendantsinformationn and belief,
`
`
`
`
`
`
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`import and
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`offer
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`
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`ontent and other coplay video asfer and dispsers to transhat allow usd services thfor sale pproducts and
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`from Deffendants’ wiide area netwwork, includding but not
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`limited to DDefendants’
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`
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`Xfinity servvices,
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`
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`AnyPlay service, X1 Platform (inncluding thee X1 DVR), XXG1 devicee, XG5 devicce, Streampixx, On
`
`
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`
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`ariety nts offer a vale, Defendannd services. d products anr and relatedDemand,, and similar For exampl
`
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`
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`
`
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`
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`of produucts and servvices under
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`
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`their trade
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`services,
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`
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`and adverttise, for exaample, the
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`
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`
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`distributiion services:
`
`
`
`
`
`XXFINITY OOn Demannd™
`
`
`
`
`
`
`
`name Xfinitty, includingg their X1 PPlatform suiite of
`
`
`
`
`
`
`
`
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`following ffeatures of ttheir Xfinityy media coontent
`
`
`
`
`
`
`
`Xg
`
`mo
`
`
`XFINITY On DDemand™ —
`
`more ways too
`
`
`eet more enterrtainment. En
`joy the best
`
`rrent TV showws and hit
`
`seelection of cu
`movies, availa
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`
`
`
`
`ff your XFINITTY subscriptioon
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`ble on any sccreen, as partt
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`9
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`Page 9 of 23
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`With XFINITY Streampix® enjoy unlimited access to thousands of hit movies and entire past
`seasons of TV shows – all for a low monthly fee of $4.99. Watch as much as you want, as
`many times as you want on your TV, laptop, tablet or smartphone.
`DVR Service
`
`Never miss a minute of your favorite shows again. Add DVR service and get TV on your
`schedule. Record your favorite shows and access them anytime you want. Or, rewind and
`pause live TV so you don’t have to miss a second. Plus you can schedule and manage DVR
`recordings from your computer or smartphone, so you’re always in control of your DVR
`anywhere you go.
`Equipment & Installation
`and Setup
`Our local XFINITY technicians will deliver your equipment and set up your TV. In addition, our
`technician will provide you with easy-to-read user guides and walk you through features such as the
`Interactive On-Screen Program Guide.
`
`See Exhibit E (copy of http://www.comcast.com/Corporate/Learn/DigitalCable/digitalcable.html
`
`(accessed July 3, 2014)).
`
`30.
`
`Defendants also offer a service that they refer to as X1 DVR with Cloud
`
`Technology. Defendants describe this service as follows:
`
`The X1 DVR with cloud technology is a new DVR that functions like a regular
`DVR, but also includes new features like streaming recordings to mobile devices
`and computers and downloading recordings to mobile devices in the home.
`
`See Exhibit F (copy of http://customer.comcast.com/help-and-support/cable-tv/x1-dvr-cloud-
`
`technology-general-faqs/ (accessed July 7, 2014)).
`
`31.
`
`Defendants also offer a service they call “Live TV” and describe their “Live TV”
`
`and Xfinity On Demand services as follows:
`
`Live TV and On Demand streaming on the XFINITY on the X1 Entertainment
`Operating System are exciting new features Comcast is offering to X1 customers.
`Using the XFINITY TV app or the XFINITY TV site, X1 customers will be able
`to stream their entire linear channel lineup and the same XFINITY On Demand
`TV shows and movies they see on TV on supported devices and computers while
`in the home.
`
`
`
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`10
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`See Exhibit G
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`(copy of http://customer.comcast.com/help-and-support/cable-tv/live-tv-
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`streaming#Access) (accessed July 3, 2014)
`
`32.
`
`Defendants also make and provide software for their customers to download and
`
`execute on mobile electronic devices, including but not limited to Xfinity TV Remote, Xfinity
`
`TV X1 Remote, Xfinity TV Go, and Xfinity On Demand Purchases. Defendants’ software
`
`allows Defendants’ customers to control their media devices, including X1 DVR and other
`
`Comcast devices, and utilize, for example, the Comcast Streampix, On Demand, and other
`
`services as described herein via mobile devices. Defendants describe some of these services as
`
`follows:
`
`XFINITY™ TV apps 
`
`With the XFINITY TV apps, you can turn your Apple® or Android™ tablet or 
`smartphone into a TV screen. Watch top shows and hit movies anytime, anywhere 
`with XFINITY On Demand™. You can even use your Apple and Android devices as a 
`remote control: change channels, program your DVR or search XFINITY On 
`Demand and TV listings. Your TV is now right in your hands. 
`
`*  *  * 
`
`1.
`Remote Tune 
`You can change the channel on your TV right from your XFINITY TV app. Just find a 
`program you want to watch in TV Listings, or enter the channel number using 
`Channel Keypad, and tap “Watch on TV” to change your TV’s channel and start 
`watching instantly. You can even tune directly to an On Demand program. Then, 
`use your Comcast remote to confirm your purchase and start your program. 
`
`XFINITY TV Go 
`
`* * * 
`
`Take your entertainment with you, anywhere you go. Watch thousands of XFINITY 
`On Demand™ TV shows and movies on your tablet or smartphone, plus stream 
`your favorite sports, news, and kids networks live. You can even download TV 
`shows and movies from Showtime, Starz, Encore and Movieplex to your device and 
`watch them when you’re offline. 
`
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`XFINITY TV Remote 
`
`*  *  * 
`
`Use your smartphone or tablet as a remote control. Change channels, browse 
`XFINITY On Demand™ and TV listings, and even schedule your DVR when you’re 
`away from home. 
`
`XFINITY TV X1 Remote 
`
`*  *  * 
`
`With a mere tap, swipe, or shake of your smartphone, you can change channels and 
`browse TV listings with ease. Plus, use voice commands to search for shows, schedule 
`DVR recordings, and even get personalized recommendations. 
`
`XFINITY On Demand Purchases 
`
`*  *  * 
`
`Access the shows and movies you have purchased to own through XFINITY On 
`Demand™ and watch on your tablet or smartphone. 
`
`Exhibit E (copy of http://www.comcast.com/Corporate/Learn/DigitalCable/digitalcable.html (accessed July
`
`3, 2014)); Exhibit H (copy of http://xfinity.comcast.net/learn/internet/mobile-tv-app/ (accessed
`
`July 9, 2014); and Exhibit I (copy of http://xfinitytv.comcast.net/apps (accessed July 14, 2014)).
`
`The Comcast software is distributed at least through the Apple iTunes Store, Google Play store,
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`Microsoft Windows Phone Store, and Amazon Kindle store. See, e.g., Exhibit J (copy of
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`https://itunes.apple.com/us/app/xfinity-tv-player/id552293383?mt=8 (accessed July 14, 2014));
`
`Exhibit K (copy of https://play.google.com/store/apps/details?id=com.xfinity.tv (accessed July
`
`14, 2014)); and Exhibit L (copy of http://www.windowsphone.com/en-us/store/app/xfinity-tv-
`
`remote/eff4523d-44b9-4cd1-8de1-d6650e6768f1 (accessed July 14, 2014)).
`
`33.
`
`Defendants also, for a period of time, offered their customers a service called
`
`“AnyPlay,” which Comcast described as follows:
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`Today, Comcast is offering customers yet another choice as we begin to roll out
`AnyPlay™, a device which enables live TV on a variety of Internet-enabled
`displays in the home.
`With AnyPlay, you can watch the channels that are included in your linear
`channel subscription through the Xfinity TV app on the iPad®, and very soon
`the Motorola Xoom™ tablet. This means that while someone else watches a
`program in the living room, for example, you can watch another show on your
`iPad from the backyard deck, kitchen or other places around the home.
`Here's how it works...the AnyPlay device works the same as any other set top
`box in the home, but instead of delivering the incoming channel lineup to a
`television, AnyPlay delivers the lineup to the Wi-Fi router on the home
`network. The router then distributes the secure video signal to the iPad or Xoom
`over your home's wireless network. So as long as your tablet is within range of
`the home wireless router, you can turn it into another television screen.
`See Exhibit M (copy of http://corporate.comcast.com/comcast-voices/anyplay-brings-live-tv-to-
`
`the-tablet-2 (accessed July 8, 2014)).
`
`COUNT I:
`INFRINGEMENT OF THE 863 PATENT
`
`Plaintiff incorporates paragraphs 1-33 herein by reference as if set forth here in
`
`34.
`
`full.
`
`35.
`
`Defendants have been and are currently directly infringing, literally or under the
`
`doctrine of equivalents, one or more claims of the 863 Patent by making, using, offering to sell,
`
`and/or selling within the United States, and/or importing into the United States, without
`
`authority, products and services that distribute and display video content from their cable
`
`network on subscribers’ devices and interconnect a WAN and a WLAN. Without limitation, and
`
`by example only, Defendants directly infringe and continue to directly infringe one or more
`
`claims of the 863 Patent by making, selling, using and offering for sale at least their X1 and
`
`Xfinity products and services, and including at least the AnyPlay service, and by providing and
`
`operating devices for media distribution over their WAN, and transmitting to customers’ devices
`
`over a WLAN.
`
`
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`36.
`
`By practicing the methods claimed in the 863 Patent and by making, selling,
`
`importing, offering for sale and/or using the aforementioned products that interconnect a WAN
`
`and a WLAN as claimed, Defendants have been and are now directly infringing under 35 U.S.C.
`
`§ 271(a) one or more claims of the 863 Patent, either literally or under the doctrine of
`
`equivalents.
`
`37. With knowledge of the 863 Patent (at least since the filing date of this Complaint,
`
`or by September 25, 2014 when Notice was given to Defendants), Defendants have been and are
`
`inducing direct infringement of the 863 Patent by their customers, suppliers, users, agents and/or
`
`affiliates. Defendants actively induce, and have actively induced, such direct infringement by
`
`knowingly and with intent actively inducing their customers, suppliers, users, agents and
`
`affiliates to make and use Defendants’ X1 and other Xfinity products with WLAN as claimed in
`
`the 863 Patent and/or perform methods claimed in the 863 Patent, with the knowledge and
`
`specific intent to encourage, direct and facilitate those infringing activities, and knowing that
`
`such activities infringe the 863 Patent, including through the creation and dissemination of
`
`hardware, software, promotional and marketing materials, instructional materials, product
`
`materials and technical materials. For non-limiting example, Defendants induce their customers
`
`to perform the claimed methods and to complete the claimed apparatuses by providing
`
`Defendants’ aforementioned products (including at least Defendants’ X1 and Xfinity products
`
`and services), and User Manuals, software and instructions, which provide apparatus and
`
`instructions on how to set up their Xfinity and X1 products and services with their customers’
`
`wireless interface in such a manner to directly infringe the 863 Patent.
`
`38.
`
`By inducing their customers, suppliers, users, agents and/or affiliates to perform
`
`the methods claimed and/or make, use, import, sell and/or offer for sale the devices and methods
`
`
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`claimed in the 863 Patent, Defendants have been and are now infringing under 35 U.S.C. §
`
`271(b) one or more claims of the 863 Patent, either literally or under the doctrine of equivalents.
`
`39.
`
`Defendants will continue to infringe the 863 Patent unless and until they are
`
`enjoined by this Court.
`
`40.
`
`Defendants, by way of their infringing activities, have caused and continue to
`
`cause Qurio to suffer damages in an amount to be determined at trial. Plaintiff Qurio has no
`
`adequate remedy at law against Defendants’ acts of infringement and, unless Defendants are
`
`enjoined from its infringement of the 863 Patent, Plaintiff Qurio will continue to suffer
`
`irreparable harm.
`
`41.
`
`As a result of Defendants’ unlawful infringement of the 863 Patent, Plaintiff
`
`Qurio has suffered and will continue to suffer damage. Plaintiff Qurio is entitled to recover from
`
`Defendants the damages adequate to compensate for such infringement, which have yet to be
`
`determined.
`
`42.
`
`full.
`
`COUNT II:
`INFRINGEMENT OF THE 482 PATENT
`
`Plaintiff incorporates paragraphs 1-33 herein by reference as if set forth here in
`
`43.
`
`Defendants have been and are currently directly infringing, literally or under the
`
`doctrine of equivalents, one or more claims of the 482 Patent by making, using, offering to sell,
`
`and/or selling within the United States, and/or importing into the United States, without
`
`authority, products and services, and performing methods within the United States, that perform
`
`RDMA transfers in and from their network to distribute and display content on subscribers’
`
`devices, as claimed in the 482 Patent. Without limitation, and by example only, Defendants
`
`directly infringe and continue to directly infringe one or more claims of the 482 Patent by
`
`
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`performing, selling, using and/or offering for sale at least their Xfinity Streampix, DVR with
`
`Cloud Technology services, and other On Demand services, on their media content distribution
`
`network, and systems therefor.
`
`44.
`
`By practicing the methods claimed in the 482 Patent and by making, selling,
`
`importing, offering for sale and/or using the aforementioned products and services, including
`
`their content distribution network that perform and are adapted to perform RDMA transfers as
`
`claimed, Defendants have been and are now infringing under 35 U.S.C. § 271(a) one or more
`
`claims of the 482 Patent, either literally or under the doctrine of equivalents.
`
`45.
`
`Defendants will continue to infringe the 482 Patent unless and until they are
`
`enjoined by this Court.
`
`46.
`
`Defendants, by way of their infringing activities, have caused and continue to
`
`cause Qurio to suffer damages in an amount to be determined at trial. Plaintiff Qurio has no
`
`adequate remedy at law against Defendants’ acts of infringement and, unless Defendants are
`
`enjoined from its infringement of the 482 Patent, Plaintiff Qurio will continue to suffer
`
`irreparable harm.
`
`47.
`
`As a result of Defendants’ unlawful infringement of the 482 Patent, Plaintiff
`
`Qurio has suffered and will continue to suffer damage. Plaintiff Qurio is entitled to recover from
`
`Defendants the damages adequate to compensate for such infringement, which have yet to be
`
`determined.
`
`COUNT III:
`INFRINGEMENT OF THE 904 PATENT
`
`Plaintiff incorporates paragraphs 1-33 herein by reference as if set forth here in
`
`48.
`
`full.
`
`
`
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`49.
`
`Defendants have been and are currently directly infringing, literally or under the
`
`doctrine of equivalents, one or more claims of the 904 Patent by making, using, offering to sell,
`
`and/or selling within the United States, and/or importing into the United States, without
`
`authority, products and services, and performing methods within the United States, that control
`
`digital content played by a plurality of media devices as claimed in the 904 Patent. Without
`
`limitation, and by example only, Defendants directly infringe and continue to directly infringe
`
`one or more claims of the 904 Patent by making, selling, using, importing and/or offering for
`
`sale at least their Xfinity TV Remote App and DVR services and devices therefor.
`
`50.
`
`By making, selling, importing, offering for sale and/or using the aforementioned
`
`products and services that control digital content played by a plurality of media devices as
`
`claimed, Defendants have been and are now infringing under 35 U.S.C. § 271(a) one or more
`
`claims of the 904 Patent, either literally or under the doctrine of equivalents.
`
`51. With knowledge of the 904 Patent (at least since the filing date of the Complaint,
`
`or by September 25, 2014 when Notice was given to Defendants), Defendants have been and are
`
`inducing direct infringement of the 904 Patent by their customers, suppliers, users, agents and/or
`
`affiliates. Defendants induce this direct infringement by, among other things, knowingly and
`
`with intent, actively inducing their customers, suppliers, users, agents and/or affiliates to make,
`
`use, sell, import and/or offer for sale mobile devices for controlling digital content played by a
`
`plurality of media devices, and by actively inducing their customers, suppliers, users, agents
`
`and/or affiliates to perform methods for controlling digital content played by a plurality of media
`
`devices, in a manner that constitutes direct infringement of one or more claims of th