Case3:15-cv-01986-HSG Document17 Filed11/14/14 Page1 of 19
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`UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF ILLINOIS
`Eastern Division
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`Civil Action No. 14-cv-07502
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`Hon. John Z. Lee
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`Hon. Mag. J. Michael T. Mason
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`JURY TRIAL DEMANDED
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`QURIO HOLDINGS, INC.,
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`Plaintiff,
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`v.
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`DIRECTV, and
`DIRECTV HOLDINGS, LLC,
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`Defendants.
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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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`infringement against DirecTV and DirecTV Holdings LLC (collectively hereinafter “DirecTV”
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`or “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
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`entitled “High-Speed WAN To Wireless LAN Gateway” (“the 863 Patent”), (2) United States
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`Patent No. 7,787,904 entitled “Personal Area Network Having Media Player And Mobile Device
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`Controlling The Same” (“the 904 Patent”), and (3) United States Patent No. 8,879,567 entitled
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`“High-Speed WAN To Wireless LAN Gateway” (“the 567 Patent”), each owned by Plaintiff
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`Qurio, under the Patent Laws of the United States, 35 U.S.C. § 1, et seq., and seeking damages
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`and injunctive and other relief under 35 U.S.C. § 281, et seq.
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`Page 1 of 19
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`Unified Patents Exhibit 1017
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`Case3:15-cv-01986-HSG Document17 Filed11/14/14 Page2 of 19
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`THE PARTIES
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`1.
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`Plaintiff Qurio is a Delaware corporation with a principal place of business at 20
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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 DirecTV is a California-based corporation
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`organized and existing under the laws of the State of Delaware, with its principal place of
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`business at 2260 East Imperial Hwy., El Segundo, California 90245.
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`3.
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`On information and belief, Defendant DirecTV Holdings LLC (“DirecTV
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`Holdings”) is a California-based corporation organized and existing under the laws of the State
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`of Delaware, with its principal place of business at 2230 East Imperial Hwy., El Segundo,
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`California 90245, and is a subsidiary of Defendant DirecTV.
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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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`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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`Case3:15-cv-01986-HSG Document17 Filed11/14/14 Page3 of 19
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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 avail themselves of the privileges of doing business in this
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`District, and/or deriving substantial revenue from goods and services provided to individuals in
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`this District.
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`THE PATENTS-IN-SUIT
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`8.
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`Plaintiff Qurio is the original owner and has been at all relevant times the owner
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`by assignment of the 863 Patent, entitled “High-Speed WAN To Wireless WLAN Gateway,”
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`which the United States Patent and Trademark Office duly and legally issued on January 24,
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`2012. A true and correct copy of the 863 Patent is attached hereto as Exhibit A.
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`9.
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`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
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`(“WLAN”).
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`10.
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`Plaintiff Qurio is the original owner and has been at all relevant times the owner
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`by assignment of the 904 Patent, entitled “Personal Area Network Having Media Player And
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`Mobile Device Controlling The Same,” which the United States Patent and Trademark Office
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`duly and legally issued on August 31, 2010. A true and correct copy of the 904 Patent is
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`attached hereto as Exhibit B.
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`11.
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`The 904 Patent is generally directed to utilizing mobile devices to control content
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`played by a plurality of media devices.
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`12.
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`Qurio is the original owner and has been at all relevant times the owner by
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`assignment of the 567 Patent, entitled “High-Speed WAN To Wireless WLAN Gateway,” which
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`the United States Patent and Trademark Office duly and legally issued on November 4, 2014.
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`The 567 Patent is a Continuation of the 863 Patent. A true and correct copy of the 567 Patent is
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`attached hereto as Exhibit H.
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`13.
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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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`DEFENDANTS’ INFRINGING ACTIVITIES
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`14.
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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 Direct-to-Home, or
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`“DTH,” digital television services and the second largest provider in the multi-channel video
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`programming distribution, or MVPD, industry in the United States. See Exhibit C (select portion
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`of DirecTV 2013 Form 10-K/A (Amended Annual Report), at p. 2. Defendants purport to have
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`over 20 million subscribers for their services in the United States. See Exhibit C (select portion
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`of DirecTV 2013 Form 10-K/A (Amended Annual Report), at p. 2.
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`15.
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`In filings with the United States Securities and Exchange Commission, Defendant
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`DirecTV describes its business activities (and those of Defendant DirecTV Holdings) as follows:
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`DIRECTV, which we also refer to as the Company, we, or us, is a leading
`provider of digital television entertainment in the United States and Latin
`America. We operate two direct-to-home, or DTH, business units: DIRECTV
`U.S. and DIRECTV Latin America, which are differentiated by their geographic
`location and are engaged in acquiring, promoting, selling and distributing digital
`entertainment programming primarily via satellite to residential and commercial
`subscribers.
`
`* * *
`DIRECTV U.S. DIRECTV Holdings LLC and its subsidiaries, which we refer to
`as DIRECTV U.S., is the largest provider of DTH digital television services and
`the second largest provider in the multi-channel video programming distribution,
`or MVPD, industry in the United States. As of December 31, 2013, DIRECTV
`U.S. had approximately 20.3 million subscribers.
`* * *
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`Through DIRECTV U.S., we provide approximately 20.3 million subscribers with
`access to hundreds of channels of digital-quality video entertainment and audio
`programming that we transmit directly to subscribers' homes or businesses via
`high-powered geosynchronous satellites. We also provide video-on-demand, or
`VOD, by "pushing" top-rated movies onto customers' digital video recorders, or
`DVRs, for instant viewing, as well as via broadband to our subscribers who have
`connected their set-top receiver to their broadband service. In addition, our
`subscribers have the ability to use directv.com or our mobile applications for
`smartphones and tablets to view authorized content, search program listings and
`schedule DVR recordings.
`
`We believe we provide one of the most extensive collections of programming
`available in the MVPD industry, including over 195 national high-definition, or
`HD, television channels and two dedicated 3D channels. . . . As of December
`31, 2013, we provided local channel coverage to markets covering over 99% of
`U.S. television households, 99% in HD.
`* * *
`To subscribe to the DIRECTV® service, subscribers sign up for our service
`directly through us or our national retailers, independent satellite television
`retailers or dealers, or regional telephone companies, which we refer to as telcos.
`We or one of our home service providers or dealers generally install the receiving
`equipment. The receiving equipment, which we refer to as a DIRECTV® System,
`consists of a receiving satellite dish antenna, one or more digital set-top receivers,
`which are typically leased to the subscriber, and remote controls. After acquiring
`and installing a DIRECTV System, subscribers activate the DIRECTV service by
`contacting us and subscribing to one of our programming packages that are
`tailored to appeal to specific segments of existing and potential customers.
`* * *
` [I]n 2013, we introduced the next generation DIRECTV Genie™, a premium
`high-definition whole-home DVR service with a terabyte hard drive that allows
`consumers to record five different high-definition programs simultaneously while
`viewing and controlling content from one DVR to four different locations in the
`house at the same time with the appropriate equipment. Our new DIRECTV
`Genie is our fastest DVR to date and comes equipped with a unique personalized
`recommendation engine, the ability to create a customizable sports portal for your
`favorite teams, interactive smart applications and built in Wi-Fi. . . . . In
`addition, we continue to evolve our platform to meet our subscribers' desire to
`view quality content where they want it most. For example, we expanded access
`to our live streaming content offerings on certain devices both inside and outside
`of the home and increased the programming available for subscribers to watch
`provided they are connected to the Internet.
`* * *
`Our satellite-based service provides us with many advantages over ground-based
`cable television services. We have the ability to distribute hundreds of channels to
`millions of recipients nationwide with minimal incremental infrastructure cost per
`additional subscriber.
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`* * *
`The satellites that have been launched into these orbital slots have substantially
`increased our channel capacity, allowing us to provide one of the most extensive
`HD channel offerings currently available across the United States. In addition, we
`hold licenses to broadcast our services from 46 of 96 Ku-Band DBS frequencies
`spread over three orbital slots (101° WL, 110° WL and 119° WL).
`* * *
`Advance the Entertainment Experience Both Inside and Outside of the Home.
`We believe it is critical that we continue to extend our brand leadership as the
`premium pay-TV provider in the marketplace by providing the best and most
`compelling video experience both inside and outside of the home. Therefore,
`we've created a flexible platform that leverages our hybrid satellite and cloud
`infrastructure with a broadband connection. We believe that our hybrid solution is
`the most efficient way to transport content to subscribers when and where they
`want it; through this integrated approach, we're able to intelligently optimize the
`use of storage in the home as well as in the cloud, while also providing a seamless
`service for consumers across screens and locations. To fulfill our goals, we have
`developed a robust product roadmap that leverages this infrastructure to advance
`the entertainment experience by (1) enhancing our Whole-Home DVR and time-
`shifting capabilities, (2) expanding DIRECTV Everywhere capabilities and (3)
`delivering a seamless best-in-class user interface that unifies search and discovery
`across multiple screens.
`
` Enhance Whole-Home DVR and Time-Shifting Capabilities. We believe that
`many consumers are looking for more features and functionality in their TV
`viewing, particularly in terms of place and time shifting. For this reason, in 2013
`we raised the bar on the entertainment experience with the next generation
`DIRECTV Genie, a premium HD whole-home DVR service with a terabyte hard
`drive that allows consumers to record five different high-definition programs
`simultaneously without any conflicts. This advanced set-top receiver is our fastest
`HD-DVR to date and includes sophisticated, intuitive search and discovery
`functionality which also recommends personalized programming available to
`watch instantly as well as the ability to customize favorite sports teams. In
`addition, the DIRECTV Genie is a server with the ability to allow multiple
`screens within the home to connect to one central set-top receiver enabling the
`television viewer to watch live or recorded programs on up to eight televisions in
`the home without the need for an additional DVR receiver at each location.
`Utilizing RVU technology, now known as DIRECTV Ready, we have entered the
`"Bring Your Own Device" era, as consumers can now connect various Smart TVs
`that are RVU capable to the DIRECTV Genie without the need for a set-top
`receiver. In the future, we expect to further evolve the DIRECTV Genie and
`develop a hybrid gateway that broadly supports the vast ecosystem of Internet
`enabled devices in consumers' homes. The DIRECTV Genie will also enable an
`entertainment experience that includes four times the viewing resolution of HD on
`a 4K television with UHD content.
`
`
` •
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`• Connect Customer HD-DVRs to the Internet. Connecting our customers'
`receivers to broadband service is strategically important because it greatly
`enhances
`the video experience while facilitating access of DIRECTV
`programming services on mobile devices. For example, a connected receiver
`provides our customers with the ability to (1) use their tablet or phone as a remote
`control for the big screen as well as enable contextual search and natural user
`interactions, such as voice to navigate the DIRECTV experience, (2) access over
`12,000 additional movies and shows available through our service, as well as the
`ability to search and watch web-based videos on YouTube®, (3) stream live
`authorized DIRECTV programming on their Mac and PC computers, iPad®,
`iPhone®, Android tablet, Android phone and Kindle inside their home, (4) engage
`interactive "TV Apps" that provide real-time information such as favorite sports
`teams, NFL Fantasy League integration, local traffic or weather reports as well as
`a connection that enables customers to interact with friends on their Twitter® or
`Facebook® account via their television or portable devices and (5) use the
`Pandora® audio service. In the future, we expect to expand the programming
`selection available through broadband connected receivers, with a focus on
`quality, as well as expand our time and place shifting capabilities with new
`services that enable our subscribers to restart a show from the beginning if they
`tune in late and allow subscribers to catch up on shows they missed the day after
`they air.
`
`Expand DIRECTV Everywhere capabilities. Enhancing the accessibility of
`subscription TV content on any device inside and outside of the home is
`strategically important because it augments our customers' video experiences
`while meeting their desire to view quality content when and where they want it
`most. DIRECTV Everywhere offers our customers video streaming capabilities of
`authorized content, as well as the ability to search and record all of their favorite
`shows whenever they are connected to the Internet. Today, customers with
`premium subscriptions have the ability to stream content through directv.com as
`well as through offerings such as HBO GO®, MAX GO®, Showtime Anytime®,
`Starz Play® and Encore Play™. Subscribers can also access pay-per-view and
`VOD programming through their laptop, tablet, smartphone or computer. In 2013,
`we introduced GenieGo which enables subscribers with an HD-DVR and
`broadband connection to download and watch recorded shows on up to five
`different devices as well as remotely stream recorded content to an Internet
`enabled device over any Wi-Fi network. During 2013, we also implemented
`dynamic ad insertion for streamed On Demand content. In 2014, we expect to
`facilitate dynamic ad insertion among live content as well as viewership
`measurement capabilities to further enable monetization and secure a larger
`programming selection to expand video streaming content offerings across
`multiple screens and applications. We also expect to further optimize our
`DIRECTV Everywhere offerings with enhancements to the second screen
`experience, such as increased functionality, personalization, social integration and
`commerce capabilities. In the future, we plan to leverage our DIRECTV
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`Everywhere platform to offer new viewing experiences, such as Over The Top, or
`OTT, and Subscription Video On Demand, or SVOD, service offerings.
`
` •
`
` Deliver a Seamless Best-in-Class User Interface that Unifies Search and
`Discovery Across Multiple Screens. Providing our customers with a consistent
`user experience as they access their television content on any device inside or
`outside the home is strategically important to drive deeper customer engagement
`and satisfaction. Therefore in 2013, we extended our HD UI beyond the big
`screen to integrate the same crisp, easy-to-read HD UI format with graphical
`poster art and industry leading Smart Search capabilities across applications for
`mobile devices and tablets. In 2014, we plan to continue to unify the way our
`subscribers navigate content across all platforms of the DIRECTV Entertainment
`Experience. We are also investing in core technologies that will leverage
`universal profile sub-accounts within a household to provide more intuitive
`recommendations as well as enhance personalization across devices. In addition,
`we will leverage the cloud with our user interface to improve our insight into
`consumer behavior and increase our agility to further enhance our product and
`services offerings.
`
`See Exhibit C (select portions of DirecTV 2013 Form 10-K/A (Amended Annual Report)), at pp.
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`1-7.
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`16.
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`Defendants make, use, sell, import into and/or offer for sale in the United States
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`products and services that allow users to transfer and display video and other content from
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`Defendants’ wide area network, including but not limited to Defendants’ direct-to-home
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`television broadcasting services and DVR services. For example, Defendants advertise the
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`following features of their DVR and Genie and Genie Mini products and services:
`
`Our most advanced HD DVR system ever.
`Everyone in your family can enjoy all of their favorite shows, live or recorded, in
`any room—from a single HD DVR. It's called Genie and it's our most advanced
`HD DVR system ever. Genie lets you record five shows at once, offers more HD
`recording capacity than cable, and gives you full HD DVR functionality on every
`TV in your home—even outside, when you connect a NEW Wireless Genie
`Mini.
`
`See Exhibit D (copy of http://www.directv.com/technology/genie (accessed July 17, 2014)).
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`17.
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`Defendants also offer a service that they refer to as GenieGo. Defendants
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`describe this service as follows:
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`Watch anywhere—without an Internet connection.
`GenieGO lets you download and watch shows recorded on your HD DVR on up
`to five different devices, so everyone in your family can enjoy their favorites
`anytime, anywhere—all at the same time. No Internet connection required to
`watch, so you can watch without interruption.
`
`Auto-Download every episode of a TV series.
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`
`
`Your DIRECTV GenieGO can automatically prepare to sync a new episode of a
`series with your laptop, tablet, or phone, as soon as your HD DVR records it. Set
`Auto-Download Series to "ON." You must be within your home Internet network
`to download content to your device(s). Learn how
`
`See Exhibit E (copy of http://www.directv.com/technology/geniego?ACM=false&lpos=Header:3 (accessed
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`July 17, 2014)).
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`18.
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`Defendants also make and provide software for their customers to download and
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`execute on their mobile electronic devices, including but not limited to products and services
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`Defendants refer to, for example, as the GenieGO Apps or DirecTV Apps. Defendants describe
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`some of these services as follows:
`
`DIRECTV goes anywhere you go.
`
`With the GenieGO™ device and app, DIRECTV lets you take your home HD
`DVR recordings with you on your iPhone and watch them anywhere without an
`Internet connection. Watch them on the plane, at the beach, on the subway,
`anywhere. Watch downloaded shows on up to 5 mobile devices simultaneously,
`so everyone in your family can enjoy their own recorded shows anytime,
`anywhere — all at the same time.
`
`With GenieGO, you can also instantly stream your shows from your HD DVR
`anywhere you have a Wi-Fi connection - no downloading required. So even if you
`forget to download, you can still watch your recorded shows when you're away
`from home.
`
`Requires GenieGO device (sold separately) and any HD DVR (Genie, model R22,
`HR20 or higher) connected to the Internet.
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`* * *
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`DIRECTV Tablet App
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`Watch live TV, the hottest shows and movies On Demand, your DVR playlist—
`it's all just a tap away. You can even set your DVR from anywhere, discover new
`shows, control your TV and more. The DIRECTV app turns your tablet into an
`entertainment powerhouse.
`
`Exhibit F
`
`(copy of
`
` https://itunes.apple.com/us/app/directv-geniego/id448679509?mt=8
`
`(accessed
`
`July
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`17,
`
`2014));
`
`and
`
`Exhibit
`
`G
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`(copy
`
`of
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`http://www.directv.com/technology/mobile_apps?ACM=false&lpos=Header:3 (accessed July 17, 2014).
`
`COUNT I:
`INFRINGEMENT OF THE 863 PATENT
`
`Plaintiff incorporates paragraphs 1-18 herein by reference as if set forth here in
`
`19.
`
`full.
`
`20.
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`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 network on
`
`subscribers’ devices and interconnect a WAN and 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 HD DVR, Genie, GenieGo,
`
`and related Apps, and related products and services, and by providing and operating the HD
`
`DVR, Genie, GenieGo, and Apps on their media distribution WAN, and transmitting to
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`customers’ devices over a WLAN.
`
`21.
`
`By practicing the methods claimed in the 863 Patent and by making, selling,
`
`importing, offering for sale and/or using their HD DVR, Genie, GenieGo, and Apps that
`
`interconnect a WAN and a WLAN as claimed, Defendants have been and are now directly
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`infringing under 35 U.S.C. § 271(a) one or more claims of the 863 Patent, either literally or
`
`under the doctrine of equivalents.
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`22. With knowledge of the 863 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 863 Patent by their customers, suppliers, users, agents and
`
`affiliates. Defendants actively induce and have actively induced such direct infringement by,
`
`among other things, knowingly and with intent, actively inducing their customers, suppliers,
`
`users, agents and affiliates to make and use Defendants’ HD DVR, Genie, GenieGo, and Apps
`
`products and services with a WLAN and/or perform methods claimed in the 863 Patent, with the
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`knowledge and specific intent to encourage, direct and facilitate those infringing activities, and
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`knowing that such activities infringe the 863 Patent, including through the creation and
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`dissemination of hardware, software, promotional and marketing materials, instructional
`
`materials, product materials and technical materials. For non-limiting example, Defendants
`
`provide users with Defendants’ HD DVR, Genie, GenieGo, and Apps products, User Manuals
`
`and instructions, which provide apparatus and instructions on how to set up and use the
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`Defendants’ HD DVR, Genie, GenieGo, and Apps products with the customers’ WLAN to
`
`infringe the 863 Patent.
`
`23.
`
`By inducing its customers, suppliers, users, agents and/or affiliates to perform the
`
`methods claimed and/or make and use the devices 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.
`
`24.
`
`Defendants will continue to infringe the 863 Patent unless and until they are
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`enjoined by this Court.
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`25.
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`Defendants, by way of their infringing activities, have caused and continue to
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`cause Qurio to suffer damages in an amount to be determined at trial. Plaintiff Qurio has no
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`adequate remedy at law against Defendants’ acts of infringement and, unless Defendants are
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`enjoined from its infringement of the 863 Patent, Plaintiff Qurio will continue to suffer
`
`irreparable harm.
`
`26.
`
`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.
`
`27.
`
`full.
`
`COUNT II:
`INFRINGEMENT OF THE 904 PATENT
`
`Plaintiff incorporates paragraphs 1-18 herein by reference as if set forth here in
`
`28.
`
`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 HD DVR, Genie, GenieGo, and/or Mobile Apps products and services.
`
`29.
`
`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
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`claimed, Defendants have been and are now infringing under 35 U.S.C. § 271(a) one or more
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`claims of the 904 Patent, either literally or under the doctrine of equivalents.
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`30. With knowledge of the 904 Patent (at least since the filing date of the Complaint
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`or September 25, 2014, when notice was given to Defendants), Defendants have been and are
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`inducing direct infringement of the 904 Patent by their customers, suppliers, users, agents and/or
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`affiliates. Defendants induce this direct infringement by, among other things, knowingly and
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`with intent, actively inducing their customers, suppliers, users, agents and/or affiliates to make,
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`use, sell, import and/or offer for sale mobile devices for controlling digital content played by a
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`plurality of media devices, and by actively inducing their customers, suppliers, users, agents
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`and/or affiliates to perform methods for controlling digital content played by a plurality of media
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`devices, in a manner that constitutes direct infringement of one or more claims of the 904 Patent.
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`Defendants induce such infringement with the knowledge and specific intent to encourage, direct
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`and facilitate those directly infringing activities, and knowing that such activities infringe the 904
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`Patent, including through the creation and dissemination of software and hardware, promotional
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`and marketing materials, instructional materials, product materials and technical materials. For
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`example, Defendants provide users with Defendants’ DVRs, Set-Top-Boxes, and other media
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`devices as well as their GenieGO and other Apps and instructions, which provide apparatus,
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`direction and instructions on how to directly infringe the 904 Patent.
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`31.
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`By inducing their customers, suppliers, users, agents and/or affiliates to perform
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`the methods claimed and/or make and use the devices claimed in the 904 Patent, Defendants
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`have been and are now infringing under 35 U.S.C. § 271(b) one or more claims of the 904
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`Patent, either literally or under the doctrine of equivalents.
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`32.
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`Defendants will continue to infringe the 904 Patent unless and until they are
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`enjoined by this Court.
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`33.
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`Defendants, by way of their infringing activities, have caused and continue to
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`cause Qurio to suffer damages in an amount to be determined at trial. Plaintiff Qurio has no
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`adequate remedy at law against Defendants’ acts of infringement and, unless Defendants are
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`enjoined from its infringement of the 904 Patent, Plaintiff Qurio will continue to suffer
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`irreparable harm.
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`34.
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`As a result of Defendants’ unlawful infringement of the 904 Patent, Plaintiff
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`Qurio has suffered and will continue to suffer damage. Plaintiff Qurio is entitled to recover from
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`Defendants the damages adequate to compensate for such infringement, which have yet to be
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`determined.
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`COUNT III:
`INFRINGEMENT OF THE 567 PATENT
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`35. Plaintiff incorporates paragraphs 1-18 herein by reference as if set forth here in
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`full.
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`36. Defendants have been and are currently directly infringing, literally or under the
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`doctrine of equivalents, one or more claims of the 567 Patent by making, using, offering to sell,
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`and/or selling within the United States, and/or importing into the United States, without
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`authority, products and services that distribute and display video content from their network on
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`subscribers’ devices and interconnect a first network with a second network. Without limitation,
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`and by example only, Defendants directly infringe and continue to directly infringe one or more
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`claims of the 863 Patent by making, selling, using, importing and offering for sale at least their
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`HD DVR, Genie, GenieGo, Apps, and other products and services, and by providing and
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`operating the HD DVR, Genie, GenieGo, and Apps on their media distribution network, and
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`transmitting to customers’ devices over a second network.
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`37.
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`By practicing the methods claimed in the 567 Patent and by making, selling,
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`importing, offering for sale and/or using the aforementioned products that interconnect a first
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`network and a second network as claimed, Defendants have been and are now directly infringing
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`under 35 U.S.C. § 271(a) one or more claims of the 567 Patent, either literally or under the
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`doctrine of equivalents.
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`38.
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`Upon information and belief, with knowledge of the 567 Patent (at least since the
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`filing date of this Amended Complaint, or by November 13, 2014 when Notice was given to
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`Defendants), Defendants have been and are inducing direct infringement of the 567 Patent by
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`their customers, suppliers, users, agents and/or affiliates. Defendants actively induce, and