Case: 1:14-cv-07504 Document #: 17 Filed: 11/13/14 Page 1 of 17 PageID #:100
`
`UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF ILLINOIS
`Eastern Division
`
`Civil Action No. 14-cv-07504
`
`
`
`Hon. Matthew F. Kennelly
`
`Hon. Mag. J. Jeffrey Cole
`
`
`
`JURY TRIAL DEMANDED
`
`
`
`
`
`QURIO HOLDINGS, INC.,
`
`
`
`
`
`
`Plaintiff,
`
`v.
`
`DISH NETWORK CORPORATION, and
`DISH NETWORK, LLC,
`
`
`
`
`
`Defendants.
`
`
`
`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`
`Plaintiff, Qurio Holdings, Inc. (“Qurio”), alleges the following for its complaint of patent
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
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`infringement against Dish Network Corporation and Dish Network, LLC (collectively
`
`hereinafter “Dish” or “Defendants”).
`
`NATURE OF THE ACTION
`
`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
`
`Patent No. 7,787,904 entitled “Personal Area Network Having Media Player And Mobile Device
`
`Controlling The Same” (“the 904 Patent”), and (3) United States Patent No. 8,879,567 entitled
`
`“High-Speed WAN To Wireless LAN Gateway” (“the 567 Patent”), under the Patent Laws of
`
`the United States, 35 U.S.C. § 1, et seq., and seeking damages and injunctive and other relief
`
`under 35 U.S.C. § 281, et seq.
`
`
`
`
`
`DISH, Exh. 1010, p. 1
`
`

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`Case: 1:14-cv-07504 Document #: 17 Filed: 11/13/14 Page 2 of 17 PageID #:101
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`THE PARTIES
`
`1.
`
`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
`
`company that develops technological solutions for network communications, telephony, and
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`media delivery and distribution, including images, video and music.
`
`2.
`
`On information and belief, Defendant Dish Network Corporation is a Colorado-
`
`based corporation organized and existing under the laws of the State of Nevada, with its principal
`
`place of business at 9601 South Meridian Boulevard, Englewood, Colorado 80112.
`
`3.
`
`On information and belief, Defendant Dish Network LLC is a Colorado-based
`
`corporation, with its principal place of business at 9601 S. Meridian Blvd., Englewood, CO
`
`80112, and is a wholly-owned subsidiary of Defendant Dish Network Corporation.
`
`JURISDICTION AND VENUE
`
`4.
`
`This is an action for patent infringement arising under the Patent Laws of the
`
`United States, Title 35 of the United States Code.
`
`5.
`
`This Court has subject matter jurisdiction over this action pursuant to 28 U.S.C.
`
`§§ 1331 and 1338(a) because the action concerns the infringement of United States patents.
`
`6.
`
`Venue is proper in this Judicial District pursuant to 28 U.S.C. §§ 1391 and
`
`1400(b) because, among other reasons, Defendants have transacted business in this District,
`
`Defendants have committed and continue to commit acts of patent infringement in this District,
`
`and Defendants have regular and established places of business in this District.
`
`7.
`
`Upon information and belief, this Court has personal jurisdiction over Defendants
`
`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
`
`
`
`2
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`DISH, Exh. 1010, p. 2
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`

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`Case: 1:14-cv-07504 Document #: 17 Filed: 11/13/14 Page 3 of 17 PageID #:102
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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
`
`in this District.
`
`THE PATENTS-IN-SUIT
`
`8.
`
`Plaintiff 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 true and correct copy of the 863 Patent is attached hereto as Exhibit A.
`
`9.
`
`The 863 Patent is generally directed to providing communication between a high-
`
`speed wide-area network (“WAN”) network and a lower speed Wireless Local Area Network
`
`(“WLAN”).
`
`10.
`
`Plaintiff 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 B.
`
`11.
`
`The 904 Patent is generally directed to utilizing mobile devices to control content
`
`played by a plurality of media devices.
`
`12.
`
`Qurio is the original owner and has been at all relevant times the owner by
`
`assignment of the 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.
`
`
`
`3
`
`DISH, Exh. 1010, p. 3
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`

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`Case: 1:14-cv-07504 Document #: 17 Filed: 11/13/14 Page 4 of 17 PageID #:103
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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.
`
`13.
`
`Like the ‘863 patent, the 567 Patent is generally directed to providing
`
`communication and interconnection between a first network and a second network.
`
`DEFENDANTS’ INFRINGING ACTIVITIES
`
`14.
`
`Defendants distribute media content and provide video-on-demand and related
`
`services to their customers across the United States, by, among other things, transmitting content
`
`to their customers’ televisions, digital video recorders (“DVRs”), set-top boxes (“STBs”), and
`
`wireless and other devices. Defendants purport to be the third largest provider of pay-TV
`
`television services in the United States. See Exhibit C (select portion of Dish Form 10-K/A
`
`(2013 Amended Annual Report), at p. 1. Defendants purport to have over 14 million subscribers
`
`for their services in the United States. See Exhibit C (select portion of Dish Form 10-K (2013
`
`Amended Annual Report), at p. 1.
`
`15.
`
`In filings with the United States Securities and Exchange Commission, Defendant
`
`Dish Network Corporation describe its business activities as follows:
`
`OVERVIEW
`
`DISH Network Corporation was organized in 1995 as a corporation under the
`laws of the State of Nevada. We started offering the DISH branded pay-TV
`service in March 1996 and are the nation’s third largest pay-TV provider. . . .
`
`
` DISH. The DISH branded pay-TV service (“DISH”) had 14.057 million
`subscribers in the United States as of December 31, 2013. The DISH
`branded pay-TV service consists of Federal Communications Commission
`(“FCC”) licenses authorizing us to use direct broadcast satellite (“DBS”)
`and Fixed Satellite Service (“FSS”) spectrum, our satellites, receiver
`systems, third-party broadcast operations, customer service facilities, a
`leased fiber network, in-home service and call center operations, and
`certain other assets utilized in our operations. In addition, we market
`broadband services under the dishNET™ brand.
`
`
`
`
`4
`
`DISH, Exh. 1010, p. 4
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`

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`Case: 1:14-cv-07504 Document #: 17 Filed: 11/13/14 Page 5 of 17 PageID #:104
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`
`
`* * *
`
` High-Quality Products. We offer a wide selection of local and national
`programming, featuring more national and local high definition (“HD”)
`channels than most pay-TV providers. We have been a technology leader
`in our industry, introducing award-winning DVRs, dual tuner receivers,
`1080p video on demand, and external hard drives. To maintain and
`enhance our competitiveness over the long term, we introduced the
`Hopper® set-top box during the first quarter 2012, which a consumer can
`use, at his or her option, to view recorded programming in HD in multiple
`rooms. During the first quarter 2013, we introduced the Hopper set-top
`box with Sling, which promotes a suite of integrated features and
`functionality designed to maximize the convenience and ease of watching
`TV anytime and anywhere, which we refer to as DISH Anywhere,™ that
`includes, among other things, online access and Slingbox “placeshifting”
`technology. In addition, the Hopper with Sling has several innovative
`features that a consumer can use, at his or her option, to watch and record
`television programming through certain tablet computers and combines
`program-discovery tools, social media engagement and remote-control
`capabilities through the use of certain tablet computers and smart phones.
`We recently introduced the Super Joey receiver. A consumer can use, at
`his or her option, the Super Joey combined with the Hopper to record up
`to eight shows at the same time.
`
`
`* * *
`Programming. We provide programming that includes more than: (i) 280 basic
`video channels, including, but not limited to, 25 regional sports channels and 70
`channels of pay-per-view content, (ii) 70 Sirius Satellite Radio music channels,
`(iii) 30 premium movie channels, (iv) 10 specialty sports channels, (v) 3,100
`standard definition and HD local channels, and (vi) 300 Latino and international
`channels. . . . As of December 31, 2013, we provided local channels in standard
`definition in all 210 TV markets in the U.S. and local channels in HD in more
`than 190 markets in the U.S.
`
`
`* * *
`DISH Anywhere. A consumer can use DISH Anywhere, at his or her option, to
`remotely control certain features of their DVRs as well as view live TV and DVR
`recordings (with required compatible hardware) using the DISH Anywhere
`application on compatible devices such as smartphones and tablets, or on laptops
`and home computers by accessing dishanywhere.com. Dishanywhere.com offers
`more than 85,000 movies, television shows, clips and trailers.
`
`Content Delivery
`
`Satellites. Our DISH branded programming is primarily delivered to customers
`using satellites that operate in the “Ku” band portion of the microwave radio
`
`
`
`5
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`DISH, Exh. 1010, p. 5
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`

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`Case: 1:14-cv-07504 Document #: 17 Filed: 11/13/14 Page 6 of 17 PageID #:105
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`spectrum. The Ku-band is divided into two spectrum segments. The portion of the
`Ku-band that allows the use of higher power satellites – 12.2 to 12.7 GHz over the
`United States – is known as the Broadcast Satellite Service band, which is also
`referred to as the DBS band. The portion of the Ku-band that utilizes lower power
`satellites – 11.7 to 12.2 GHz over the United States – is known as the FSS band. .
`. . We own or lease capacity on 14 DBS satellites in geostationary orbit
`approximately 22,300 miles above the equator.
`
`Conditional Access System. Our conditional access system secures our
`programming content using encryption so that only authorized customers can
`access our programming. We use microchips embedded in credit card-sized
`access cards, called “smart cards,” or security chips in our receiver systems to
`control access to authorized programming content (“Security Access Devices”).
`
`See Exhibit C (select portion of Dish Form 10-K (2013 Amended Annual Report)), at pp. 1-3.
`
`16.
`
`Upon information and belief, Defendants make, use, sell, lease, import and offer
`
`for sale in the United States products and services that allow users to transfer and display video
`
`and other content from Defendants’ wide area network, including but not limited to Defendants’
`
`television broadcasting services and DVR, Hopper and Sling products and services, and
`
`Defendants advertise, for example, the following features of their media content delivery
`
`products and services:
`
`The Hopper® is a whole-home HD DVR that gives you the power to pause,
`rewind and record live TV in any room. Plus, you can access your DVR on all
`TVs so you can record a movie in the living room, start watching it in the
`bedroom and then finish in the kitchen.
`* * *
`Only the Hopper DVR gives you the power to transform your computer,
`smartphone or tablet into your TV and enjoy your same TV from home–
`anywhere! All of your live channels, everything on your DVR, and thousands of
`On Demand titles will keep you and your family entertained anywhere.
`
`See Exhibit D (copy of http://www.dish.com/technology/hopper/ (accessed July 28, 2014)).
`
`17.
`
`Defendants offer products and services that they refer to as ViP, Hopper, Sling,
`
`and/or as Hopper with Sling. Defendants describe these products and corresponding services as
`
`follows:
`
`
`
`6
`
`DISH, Exh. 1010, p. 6
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`

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`Case: 1:14-cv-07504 Document #: 17 Filed: 11/13/14 Page 7 of 17 PageID #:106
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`Connect your Hopper with Sling® to High-Speed Internet or simply connect your
`Hopper, ViP® 722 or 722k HD DuoDVR® to a Sling® adapter with a single
`USB cable and high-speed Internet service. Download our FREE DISH
`Anywhere™ Mobile App to your mobile device or go to dishanywhere.com from
`your computer. Watch TV anywhere over an Internet connection at your
`convenience.
`
`With our free DISH Anywhere Mobile App, you can manage your DVR and even
`view live TV and DVR content using our Sling technology anywhere you have
`Wi-Fi or 3G/4G connection! DISH is the only provider that lets you watch TV
`everywhere both in-home and on-the-go!
`* * *
`Connect your Hopper® with Sling®, Hopper, ViP 722 or 722k HD DuoDVR® to
`High-Speed Internet service.
`
`For Hopper®, ViP722 and 722K receivers, attach your Sling® Adapter to your
`DVR using the USB port.
`
`See Exhibit E (copy of http://www.dish.com/technology/dish-anywhere/?WT.svl=technology-subnav
`
`(accessed July 31, 2014)).
`
`18.
`
`Defendants also make and provide software for their customers to download and
`
`execute on their mobile electronic devices, including but not limited to DISH Anywhere Mobile
`
`Apps. Defendants describe some of these services as follows:
`
`With our free DISH Anywhere Mobile App, you can manage your DVR and even
`view live TV and DVR content using our Sling technology anywhere you have
`Wi-Fi or 3G/4G connection! DISH is the only provider that lets you watch TV
`everywhere both in-home and on-the-go! With a wireless connection, our app lets
`you:
` Watch all your live TV channels
` Watch On Demand content
` Watch all your DVR recordings
` Schedule and manage your DVR recordings
` Search the program guide
` Control your receiver
` Transfer your recordings to watch offline
`
`
`
`Description
`Take your TV with you. With the DISH Anywhere app, you can watch the same
`TV you get at home on your iPhone or iPod touch. Enjoy your favorite live or
`
`* * *
`
`
`
`7
`
`DISH, Exh. 1010, p. 7
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`

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`Case: 1:14-cv-07504 Document #: 17 Filed: 11/13/14 Page 8 of 17 PageID #:107
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`recorded programs anytime, anywhere. Also, manage your home television with a
`full-featured DVR manager and a searchable program guide.
`
`Exhibit F (copy of http://www.dish.com/technology/dish-anywhere/ (accessed July 28, 2014)); and
`
`Exhibit G (copy of https://itunes.apple.com/us/app/dish-anywhere/id327125649?mt=8 (accessed July
`
`28, 2014)).
`
`19.
`
`full.
`
`COUNT I:
`INFRINGEMENT OF THE 863 PATENT
`
`Plaintiff incorporates paragraphs 1-18 herein by reference as if set forth here in
`
`20.
`
`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. 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 ViP DVRs and Hopper DVRs with Sling, and related products and
`
`services, and by providing and operating the Sling technology on their media distribution WAN,
`
`and transmitting to 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 ViP DVRs and Hopper DVRs with Sling, and
`
`related products and services 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.
`
`
`
`8
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`DISH, Exh. 1010, p. 8
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`

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`Case: 1:14-cv-07504 Document #: 17 Filed: 11/13/14 Page 9 of 17 PageID #:108
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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’ ViP DVRs and Hopper DVRs with
`
`Sling, and related products and services with a WLAN 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 provide users with Defendants’ ViP DVRs and Hopper DVRs with Sling, and related
`
`products, User Manuals and instructions, which provide apparatus and instructions on how to set
`
`up and use the Defendants’ ViP DVRs and Hopper DVRs with Sling, and related products and
`
`services 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
`
`enjoined by this Court.
`
`25.
`
`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
`
`
`
`9
`
`DISH, Exh. 1010, p. 9
`
`

`
`Case: 1:14-cv-07504 Document #: 17 Filed: 11/13/14 Page 10 of 17 PageID #:109
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`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.
`
`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 and/or offering for sale at least
`
`their ViP, Hopper, Hopper with Sling DVRs, and Dish Anywhere Mobile Apps and related
`
`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
`
`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.
`
`
`
`10
`
`DISH, Exh. 1010, p. 10
`
`

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`Case: 1:14-cv-07504 Document #: 17 Filed: 11/13/14 Page 11 of 17 PageID #:110
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`30. With knowledge of the 904 Patent (at least since the filing date of the Complaint
`
`or 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 the 904 Patent.
`
`Defendants induce such infringement with the knowledge and specific intent to encourage, direct
`
`and facilitate those directly infringing activities, and knowing that such activities infringe the 904
`
`Patent, including through the creation and dissemination of software and hardware, promotional
`
`and marketing materials, instructional materials, product materials and technical materials. For
`
`non-limiting example, Defendants provide users with Defendants’ ViP DVRs and Hopper DVRs
`
`with Sling, Dish Anywhere Mobile Apps and related products and services, and instructions,
`
`which provide apparatus, direction and instructions on how to directly infringe the 904 Patent.
`
`31.
`
`By inducing their customers, suppliers, users, agents and/or affiliates to perform
`
`the methods claimed and/or make and use the devices claimed in the 904 Patent, Defendants
`
`have been and are now infringing under 35 U.S.C. § 271(b) one or more claims of the 904
`
`Patent, either literally or under the doctrine of equivalents.
`
`32.
`
`Defendants will continue to infringe the 904 Patent unless and until they are
`
`enjoined by this Court
`
`
`
`11
`
`DISH, Exh. 1010, p. 11
`
`

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`Case: 1:14-cv-07504 Document #: 17 Filed: 11/13/14 Page 12 of 17 PageID #:111
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`33.
`
`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 904 Patent, Plaintiff Qurio will continue to suffer
`
`irreparable harm.
`
`34.
`
`As a result of Defendants’ unlawful infringement of the 904 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.
`
`35.
`
`full.
`
`COUNT III:
`INFRINGEMENT OF THE 567 PATENT
`
`Plaintiff incorporates paragraphs 1-18 herein by reference as if set forth here in
`
`36.
`
`Defendants have been and are currently directly infringing, literally or under the
`
`doctrine of equivalents, one or more claims of the 567 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 first network with a second network. Without limitation,
`
`and by example only, Defendants directly infringe and continue to directly infringe one or more
`
`claims of the 567 Patent by making, selling, using and offering for sale at least their ViP DVRs
`
`and Hopper DVRs with Sling, and related products and services, and by providing and operating
`
`the Sling technology on their media distribution network, and transmitting to customers’ devices
`
`over a second network.
`
`
`
`12
`
`DISH, Exh. 1010, p. 12
`
`

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`Case: 1:14-cv-07504 Document #: 17 Filed: 11/13/14 Page 13 of 17 PageID #:112
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`37.
`
`By practicing the methods claimed in the 567 Patent and by making, selling,
`
`importing, offering for sale and/or using the Defendants’ products that interconnect a first
`
`network and a second network as claimed, Defendants have been and are now directly infringing
`
`under 35 U.S.C. § 271(a) one or more claims of the 567 Patent, either literally or under the
`
`doctrine of equivalents.
`
`38.
`
`Upon information and belief, with knowledge of the 567 Patent (at least since the
`
`filing date of this Amended Complaint, or by November 12, 2014 when Notice was given to
`
`Defendants), Defendants have been and are inducing direct infringement of the 567 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/or affiliates to make and use Defendants’ ViP DVRs and
`
`Hopper DVRs with Sling, and related products and services with a second interface as claimed in
`
`the 567 Patent and/or perform methods of interconnecting first and second networks as claimed
`
`in the 567 Patent. Defendants induce such direct infringement with the knowledge and specific
`
`intent to encourage, direct and facilitate those directly infringing activities, and knowing that
`
`such activities directly infringe the 567 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’ ViP DVRs and Hopper DVRs with Sling, and related products and services, and
`
`User Manuals, software and instructions, which provide apparatus and instructions on how to set
`
`up Defendants’ products and services with their customers’ wireless interface in such a manner
`
`to directly infringe the 567 Patent.
`
`
`
`13
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`DISH, Exh. 1010, p. 13
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`

`
`Case: 1:14-cv-07504 Document #: 17 Filed: 11/13/14 Page 14 of 17 PageID #:113
`
`39.
`
`By inducing their customers, suppliers, users, agents and/or affiliates to perform
`
`the methods claimed and/or make and use the devices claimed in the 567 Patent, Defendants
`
`have been and are now infringing under 35 U.S.C. § 271(b) one or more claims of the 567
`
`Patent, either literally or under the doctrine of equivalents.
`
`40.
`
`Defendants will continue to infringe the 567 Patent unless and until they are
`
`enjoined by this Court.
`
`41.
`
`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 567 Patent, Plaintiff Qurio will continue to suffer
`
`irreparable harm.
`
`42.
`
`As a result of Defendants’ unlawful infringement of the 567 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.
`
`
`
`WHEREFORE, Qurio respectfully requests that this Court enter judgment in its favor as
`
`PRAYER FOR RELIEF
`
`follows:
`
`A.
`
`Holding that Defendants have infringed, literally and/or under the doctrine of
`
`equivalents, one or more of the claims of the Plaintiff’s United States Patent No. 8,102,863;
`
`B.
`
`Holding that Defendants have infringed, literally and/or under the doctrine of
`
`equivalents, one or more of the claims of the Plaintiff’s United States Patent No. 7,787,904;
`
`
`
`14
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`DISH, Exh. 1010, p. 14
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`

`
`Case: 1:14-cv-07504 Document #: 17 Filed: 11/13/14 Page 15 of 17 PageID #:114
`
`C.
`
`Holding that Defendants have infringed, literally and/or under the doctrine of
`
`equivalents, one or more of the claims of the Plaintiff’s United States Patent No. 8,879,567;
`
`D.
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`Permanently enjoining Defendants and their officers, directors, agents, servants,
`
`employees, affiliates, divisions, branches, subsidiaries, parents and all others acting in concert or
`
`privity with any of them from infringing, inducing the infringement of, or contributing to the
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`infringement of any of Plaintiff’s Patents;
`
`E.
`
`Permanently enjoining the manufacture, use, offering for sale and/or sale of the
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`products and services made and/or sold by Defendants that are found to infringe any of
`
`Plaintiff’s Patents;
`
`F.
`
`Awarding to Qurio the damages to which it is entitled under 35 U.S.C. § 284 for
`
`Defendants’ past infringement and any continuing or future infringement up until the date
`
`Defendants are finally and permanently enjoined from further infringement, including
`
`compensatory damages;
`
`G.
`
`Declaring this to be an exceptional case and awarding Qurio’s attorneys’ fees
`
`under 35 U.S.C. § 285;
`
`H.
`
`I.
`
`J.
`
`Awarding Qurio costs and expenses in this action;
`
`Awarding Qurio pre- and post-judgment interest on its damages; and
`
`Awarding Qurio such other and further relief in law or in equity as this Court
`
`deems just and proper.
`
`15
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`
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`
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`DISH, Exh. 1010, p. 15
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`

`
`Case: 1:14-cv-07504 Document #: 17 Filed: 11/13/14 Page 16 of 17 PageID #:115
`
`
`
`Qurio Holdings, Inc. under Rule 38 of the Federal Rules of Civil Procedure, requests a
`
`JURY DEMAND
`
`trial by jury of any and all issues so triable.
`
`
`Dated: November 13, 2014
`
`Chicago, Illinois
`
`
`McANDREWS, HELD, & MALLOY, LTD.
`
`
`
`
`
`/s/ James P. Murphy
`
`Kirk Vander Leest, Esq.
`James P. Murphy, Esq.
`Sharon A. Hwang, Esq.
`McAndrews, Held & Malloy, Ltd.
`500 West Madison Street, 34th Floor
`Chicago, Illinois 60661
`Tel:
`(312) 775-8000
`Fax:
`(312) 775-8100
`Email: kvanderleest@mcandrews-ip.com
`Email: jmurphy@mcandrews-ip.com
`Email: shwang@mcandrews-ip.com
`
`Attorneys for Plaintiff
`QURIO HOLDINGS, INC.
`
`
`
`By:
`
`
`
`
`
`
`
`16
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`DISH, Exh. 1010, p. 16
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`

`
`Case: 1:14-cv-07504 Document #: 17 Filed: 11/13/14 Page 17 of 17 PageID #:116
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that on November 13, 2014, the foregoing
`
`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`
`
`
`
`
`
`was filed electronically with the Clerk of the United States District Court for The Northern
`District of Illinois, which will provide an electronic notice and copy to the following attorneys of
`record for the Defendants:
`
`
`G. Hopkins Guy, III
`Baker Botts LLP
`1001 Page Mill Road, Bldg. One
`Palo Alto, CA 94304
`hop.guy@bakerbotts.com
`
`
`
`
`
`/s/ James P. Murphy
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`17
`
`DISH, Exh. 1010, p. 17