-1-
`
`Exhibit 2074
`Bradium Technologies LLC - patent owner
`Microsoft Corporation - petitioner
`IPR2016-00448
`
`

`

`Case 1:15-cv-00031-RGA Document 63 Filed 03/14/16 Page 2 of 112 PagelD #: 1065
`
`United States, and/or supplying in or from the United States, various products, services, and
`
`components, including those related to Bing Maps, and/or inducing others to do the same, and/or
`
`contributing to others doing the same, and/or inducing or contributing to others combining such
`
`componentsin an infringing manner, during the term of U.S. Patent Nos. 7,139,794, 7,908,343,
`
`8,924,506, and 9,253,239, and from the date Microsoft had notice of the application published as
`
`United States Patent Application Publication No. 2011/0175914. This Court has jurisdiction
`
`over the subject matter ofthis action pursuant to 28 U.S.C. §§ 1331 and 1338(a) because this
`
`action arises under the patent laws of the United States, including at least 35 U.S.C. §§ 154(d),
`
`271(a), (b), (c), and (f).
`
`4.
`
`This Court has personal jurisdiction over Microsoft because, among otherthings,
`
`Microsoft has made, used, sold, and/or offered for sale Bing Maps products and services in the
`
`State of Delaware and within this District, and the causes of action alleged herein arise in part
`
`from such conduct, and because Microsoft regularly and systematically transacts business in this
`
`District at least through its store located at 137 Christiana Mall, Newark, DE 19702.
`
`5.
`
`Furthermore, Microsoft has purposefully availed itself of the benefits of doing
`
`business in the State of Delaware and in this District by, among other things, the acts alleged in
`
`Paragraph 4 of this Complaint andthe acts offiling numerous lawsuits in this District, including,
`
`for example, Microsoft Corp. v. RobocastInc., C.A. 13-cv-313 (D. Del. Feb. 25, 2013), D.I. 1
`
`(Microsoft complaint alleging patent infringement); Microsoft Corp., et al. v. GeoTag Inc., C.A.
`
`11-cv-175 (D Del. Mar. 1, 2011), D.I. 1 (Microsoft complaint seeking declaratory judgment of
`
`patentinvalidity). Microsoft has not contested that this District is a proper venue andthatit is
`
`subject to personaljurisdiction in this venue in pastlitigation. Interdigital Comme’ns, etal. v.
`
`

`

`Case 1:15-cv-00031-RGA Document 63 Filed 03/14/16 Page 3 of 112 PagelD #: 1066
`
`Nokia Corp., et al., C.A. 13-cv-010 (D Del. Mar 7, 2013), D.I. 14 at {4 8-9 (Microsoft answer,
`
`consenting to litigate patent infringement matter in the District ofDelaware).
`
`6.
`
`The exercise of personal jurisdiction over Microsoft would not offendtraditional
`
`notions offair play and substantial justice.
`
`7.
`
`Venueis properin this District pursuant to 28 U.S.C. §§ 1391 and 1400 because
`
`Microsoft resides or is deemed to reside in this District, is subject to personaljurisdiction in this
`
`District, has committed acts of infringementin this District, has a regular and established place
`
`of business in this District, may be foundin this District, and has one or more agents who reside
`
`in or may be foundin this District.
`
`BACKGROUND
`
`8.
`
`This lawsuit asserts causes of action for infringement of United States Patent Nos.
`
`7,139,794 (the “794 patent”), 7,908,343 (the “’343 patent”), 8,924,506 (the “7506 patent”),
`
`9,253,239 (the “’239 patent”), and of United States Patent Application Publication No.
`
`2011/0175914 (“Publication No. 2011/0175914”) (collectively, the “Asserted Patents”).
`
`9.
`
`Isaac Levanon and Yoni Lavi invented the technology claimedin
`
`the °794, °343, °506 and *239 patents and Publication No. 2011/0175914. A company, 3DVU,
`
`was created in order to commercialize this technology.
`
`10.
`
`3DVU met with Microsoft executives on multiple occasions in or around 2005,
`
`including a meeting at Microsoft in about September 2005.
`
`11.
`
`At these meetings, 3DVU and Microsoft discussed the possible acquisition by
`
`Microsoft ofthe technology invented by Messrs. Levanon andLavi. Tn relation to these
`
`-3-
`
`

`

`Case 1:15-cv-00031-RGA Document 63 Filed 03/14/16 Page 4 of 112 Pagelb #: 1067
`
`meetings, Microsoft specifically requested information about, and 3DVU disclosed to Microsoft
`
`executives and engineers involved in mapping technology at Microsoft, the technology and the
`
`patent applications that ultimately led to the ’794, °343, °506 and ’239 patents and Publication
`
`No. 2011/0175914. 3DVU demonstrated a prototype for Microsoft personnel.
`
`12._As part of the acquisition discussions, and, on information and belief, to induce
`
`3DVU to continue making further disclosures regarding technology and other matters to
`
`Microsoft, Microsoft executives informed 3DVU that they had “strategic approval” from
`
`Microsoft to proceed with the acquisition deal.
`
`13.
`
`Instead of acquiring 3DVU, or purchasing or seeking to license this technology,
`
`upon information and belief, Microsoft without consentor authorization began to incorporate the
`
`technology of the ’794, ’343, °506, and ’239 patents and Publication No. 2011/0175914 intoits
`
`products and services.
`
`14.=Microsoft has prior knowledgeofat least the °794 and °343 patents as
`
`demonstrated by the fact that its own patents and patent applications refer to the °794 and °343
`
`patents. The ’794 patent was cited during the prosecution of U.S. Patent No. 7,664,870
`
`(‘the 870 patent’) on August 15, 2008. The °870 patent was assigned to Microsoft as of August
`
`15, 2008. The ’794 patent was also cited during the prosecution of U.S. Patent No. 8,386,560
`
`(‘the 560 patent”) on September 8, 2008. The *560 patent was assigned to Microsoft as of
`
`September 8, 2008. The °343 patent, and its Publication No. 2010/0064002, were cited in an
`
`International Search Report for International Application No. PCT/US201 1/038008, for which
`
`Microsoft was the applicant, on December 28, 2011. Publication No. 2010/0064002is listed on
`
`

`

`Case 1:15-cv-00031-RGA Document 63 Filed 03/14/16 Page 5 of 112 PagelD #: 1068
`
`the face of U.S. Patent No. 8,446,441 that issued from International Application No.
`
`PCT/US201 1/038008.
`
`15.|Bradium and its managing memberandlicensing agent General Patent
`
`Corporation wrote to Microsoft on May 27, 2014, and again on December 23, 2014, regarding
`the patent family that includes the ’794, °343, °506, and °239 patents, but, despite these
`invitations, Microsoft did not enter into licensing or business discussions with Bradium or
`
`General Patent Corporation. (Exhibit A.) In both the May 27, 2014 and December 23, 2014
`
`letters, Bradium and General Patent Corporation noted the 794 and ’343 patents, and informed
`
`Microsoft of Application No. 13/027,929, which issued as the °506 patent on December 30, 2014,
`
`and which published as Publication No. 2011/0175914 on July 21, 2011.
`
`16.
`Bradium wrote to Microsoft on February 2, 2016 informing Microsoft of the
`issuance ofthe °239 patent. Atrue and correct copy ofthe February 2, 2016 letter is attached
`
`hereto as Exhibit B. On information and belief, Microsoft was already aware prior to February 2,
`
`2016 that the application for the ’239 patent had been granted and that the patent would issue. In
`
`the February 2, 2016 letter, Bradium informed Microsoft that Microsoft was directly and
`
`indirectly infringing the °239 patent by, among other things, using, putting into service and
`
`inducing users to use Bing Maps, Bing Search and Bing Maps Preview products andservices.
`
`Bradium requested that Microsoft immediately cease its infringing activities regarding the °239
`
`patent, and that Microsoft inform Bradium by February 16, 2016 whether Microsoft would
`
`comply. Microsoft responded by letter dated February 16, 2016, in which letter Microsoft failed
`
`to state or indicate in any way that it would comply with Bradium’s request. Bradium sent a
`
`follow up letter dated February 17, 2016 noting Microsoft’s failure to state whether it would
`
`comply with Bradium’s request and stating that Bradium would assume based upon suchfailure
`
`-§-
`
`

`

`Case 1:15-cv-00031-RGA Document 63 Filed 03/14/16 Page 6 of 112 PagelD #: 1069
`
`that Microsoft did not intend to comply. On information and belief, Microsoft has not in fact
`
`complied with Bradium’s request, and Microsoft’s conduct in continuing its infrmging conduct
`
`with respect to the *239 patent by, among other things, using, putting into service and inducing
`
`users to use Bing Maps, Bing Search and Bing Maps Preview products and services after
`
`receiving notice of infringement of such patents, is objectively reckless and not in good faith.
`
`17.
`
`Microsoft provides mapping products and services, including Bing Maps products
`
`and services, in the United States, including in the District of Delaware. Microsoft distributes at
`
`least its Bing Search and Bing Maps Preview applicationsin this District, and Microsoft makes
`
`Bing Mapsavailable via the web in this District.
`
`18.
`
`At least Microsoft’s currently-available mapping products and services, including
`
`Bing Maps products and services, use the patented technology of the ’794, ’343, °506, and °239
`
`patents and Publication No. 2011/0175914.
`
`19.|Bing Mapshas been a part of Microsoft’s Online Services Division (“OSD”),
`
`including during Microsoft's fiscal year 2013. The sale of search and display advertising
`
`accounted for nearly all of OSD’s revenuein fiscal year 2013.
`
`20.
`
`Bing Maps generates revenue for Microsoft directly and/or indirectly through the
`
`sale of search and display advertising and/orlicensing.
`
`21.
`
` OSD’s online advertising revenue for fiscal year 2013 was approximately $3.0
`
`billion dollars.
`
`22.
`
`Microsoft has distributed, and continues to distribute, the Bing Maps Preview
`
`application via the Windowsstore, and the Bing Search application (which includes Bing Maps)
`
`-6-
`
`

`

`Case 1:15-cv-00031-RGA Document 63 Filed 03/14/16 Page 7 of 112 PagelD #: 1070
`
`via at least the Google Play Store, the iOS App Store, and the Windows Store, and Microsoft has
`
`made, for example, Bing Mapsavailable via Microsoft web sites to users via at least smartphone
`
`web browsers.
`
`23.
`
`Microsoft advertises and promotes mapping products and services, including Bing
`
`Mapsand Bing Maps Preview. The Google Play Store indicates that the Bing Search application
`
`(which includes Bing Maps)is offered by Microsoft, and that the Bing Search application has
`
`been downloaded over one million times. The iOS App Store indicates that Microsoft is the
`
`seller of the Bing Search application. The WindowsStore indicates that the Bing Maps Preview
`
`application is offered by Microsoft.
`
`24.
`
`Microsoft provides instructions for users of its mapping preducts and services,
`
`including Bing Maps and Bing MapsPreview,via, for example, Microsoft’s website, via Bing
`
`Blogs, and via the Bing Search application description that is displayed, for example, on the iOS
`
`App Store. For example, the description for Bing Search that is displayed on the iOS App Store
`
`instructs users, under the “Maps” heading, to “[gjet walking, driving, and transit directions with
`
`current traffic conditions,” and to “[e]xplore shops, restaurants and other places with ratings,
`prices, and other detailed information.” As another example, Microsoft provides instructionsfor
`
`users of the Bing Maps Preview application for Windows8.1 in a September 10, 2014 Bing
`
`Blogs posting entitled “Get Around Town Faster with Bing Maps Preview App,”
`
`http://blogs.bing.com/search/2014/09/10/get-around-town-faster-with-bing-maps-preview-app/,
`
`and via a YouTube video entitled “Bing Maps Preview App,” that was posted by Microsoft’s
`
`Bing Maps Team on December5, 2013, http:/Awww.youtube.com/watch?v=6X5a2Wj4URM.
`
`

`

`Case 1:15-cv-00031-RGA Document 63 Filed 03/14/16 Page 8 of 112 PagelD #: 1071
`
`25.
`
`The Microsoft Bing Maps team makes sometest data related to Bing Maps
`
`publicly available for Bing Maps. See Ricky Brundritt, Location Intelligencefor Windows Store
`
`Apps 199 (2014), available at http://blogs.msdn.com/b/rbrundritt/archive/20 1 4/03/04/free-ebook-
`
`location-intelligence-for-windows-store-apps.aspx.
`
`26.
`
`On information and belief, Microsoft also offers training on the use of at least the
`
`Bing Search application and Bing Maps,as part ofthe on-site training at one or more Microsoft
`
`Stores, including as part of the ‘““Windows8.1: Fundamentals of The New Windows”course that
`
`is offered at the Microsoft Store in Newark, Delaware. The “event details” for this course
`
`indicate that the event includes instruction on apps. See Newark Event Calendar, Microsoft
`
`Store, http://www.microsoft.com/en-us/store/locations/de/newark/christiana-mall/store-
`
`16#events(last visited January 5, 2014).
`
`27.
`
`On June 16, 2015, Microsoft petitioned for inter partes review ofall claims of
`
`the *506, 343, and °794 patents on grounds of obviousness, in IPR Nos. IPR2015-01434,
`
`IPR2015-01435, and IPR2015-01432, respectively.
`
`28.
`
`On December23, 2015, the Patent Trial and Appeal Board denied institution of
`
`interpartes review of the 7343 and ’506 patents, rejecting each obviousness challenge asserted
`
`by Microsoft in its petition and concluding that Microsoft had failed to demonstrate a reasonable
`
`likelihood of success in proving that even a single claim of those patents was invalid. In
`
`particular, the Patent Trial and Appeal Board rejected Microsoft’s petition regarding the °343
`
`patent that was based on arguments that the following combinationsof references invalidated the
`
`claims: Michael Potmesil, Maps Alive: Viewing Geospatial Information on the WWW, Computer
`
`Networks and ISDN Systems Vol. 29, No. 7 (Aug. 1997) (“Potmesi?”’) in view of PCT Patent
`
`

`

`Case 1:15-cv-00031-RGA Document 63 Filed 03/14/16 Page 9 of 112 PagelD #: 1072
`
`Publication WO 99/41675 (“Hornbacker”); Potmesil in view of Hornbacker and Peter Lindstrom
`
`et al,, An Integrated Global GIS and Visual Simulation System, Graphics, Visualization &
`
`Usability Center, Georgia Institute of Technology, undated (“Lindstrom’’); U.S. Patent No.
`
`6,650,998 (“Rutledge”) in view of U.S. Patent No. 5,682,441 (“ZLigtenberg”) and U.S. Patent No.
`
`6,118,456 (“Cooper”); Rutledge in view of Ligtenberg, Cooper and U.S Patent No. 5,940,117
`
`(“Hassan”); and Rutledge in view of Ligtenberg, Cooper and PCT Publication No. WO
`
`98/15920. See IPR2015-01434, Paper 15. The Patent Trial and Appeal Board also rejected
`
`Microsoft’s petition regarding the ’506 patent that was based on argumentsthat the following
`
`combinations of references invalidated the claims: Potmesil in view of Hornbacker and
`
`Lindstrom, Rutledge in view ofLigtenberg and Cooper; and Rutledge in view ofLigtenberg,
`
`Cooper and Hassan. See IPR2015-01435, Paper 14. Additionally, the Patent Trial and Appeal
`Board denied one ofthe grounds for Microsoft’s challenges to the claims ofthe ’794 patent.
`
`COUNTI
`INFRINGEMENT OF U.S. PATENT NO. 7,139,794
`
`29.
`
`The contents of Paragraphs 1 through 28 are incorporated by referenceasif
`
`specifically set forth herein.
`
`30.
`
`On November 21, 2006, United States Letters Patent No. 7,139,794 for “System
`
`and Methods for Network Image Delivery with Dynamic Viewing Frustum Optimized for
`
`Limited Bandwidth Communication Channels,” was duly and legally issued to Isaac Levanon
`
`and Yoni Lavi. A Certificate of Correction issued for the °794 patent on July 1, 2014. All rights
`
`and interest in the ’794 patent have been assigned to Bradium, including theright to sue for past
`
`damages. A true and correct copy of the ’794 patent, including the Certificate of Correction, is
`
`attached hereto as Exhibit C.
`
`

`

`Case 1:15-cv-00031-RGA Document 63 Filed 03/14/16 Page 10 of 112 PagelD #: 1073
`
`31.
`
`On information and belief, Microsoft has directly infringed and continues to
`
`directly infringe one or more claimsof the °794 patent, including at least claim 2, as the claims
`
`are properly construed both prior to and after the issuance ofthe Certificate of Correction. On
`
`information andbelief, the infringing acts include performing each step of claim 2 by or under
`
`the direction and control of Microsoft, including at least using one or more of: (i) Microsoft’s
`
`Bing Search application for Android on a computer device such as a smartphone; (ii) Microsoft's
`
`Bing Search application for iOS on a computer device such as a smartphone;(iii) Microsoft’s
`
`Bing MapsPreview application for Microsoft Windows on a computer device such as a
`
`smartphone; and/or (iv) Microsoft’s Bing Maps websites available via smartphone web browsers
`
`on a computer device such as a smartphone.
`
`32.
`
`For example, on information and belief, Microsoft’s Bing Search application for
`
`Android on a computer device such as a smartphone, determines a viewpoint orientation with
`
`respect to a Bing Maps image displayed within a three-dimensional space, in response to user
`
`navigational commands when employing the “bird’s eye” mapstyle.
`
`33.
`
`Further, on information and belief, Microsoft’s Bing Search application for
`
`Android on a computer device such as a smartphone, in combination with Microsoft servers,
`
`requests Bing Maps maptiles in a priority order to provide progressive resolution enhancement
`
`of the Bing Maps image.
`
`34.|On information and belief, Bing Maps maptiles are image parcels that correspond
`
`to a region of the map image andthat have an associated resolution. See, e.g., Joe Schwartz,
`
`Bing Maps Tile System, Microsoft Developer Network,http://msdn.microsoft.com/en-
`
`-10-
`
`

`

`Case 1:15-cv-00031-RGA Document 63 Filed 03/14/16 Page 11 of 112 PagelD #: 1074
`
`us/library/bb259689.aspx (last visited Oct. 31, 2014), which includes the following graphic that
`
`describes Bing Maps maptiles:
`
`
`
`35.
`
`Further, on information andbelief, Microsoft’s Bing Search application for
`
`Android on a computer device such as a smartphone, in combination with Microsoft servers,
`
`stores and renders the Bing Maps maptiles, andthe priority of the maptiles is reevaluated in
`
`response to user navigational commands.
`
`36.
`
`Microsoft is therefore liable for direct infringement ofthe ’794 patent pursuantto
`
`35 U.S.C. § 271 (a).
`
`37.
`
`As of the date of the Complaint (D.I. 1), Microsoft is inducing infringementofat
`
`least claim 2 ofthe *794 patent under 35 U.S.C. § 271(b), as the claims are properly construed
`
`both prior to and after the issuance of the Certificate of Correction, because Microsoft has
`
`intended, and continues to intend, to cause end users to use at least Bing Maps, Bing Maps
`
`Preview, and the Bing Search application in a manner covered by one or more claims of the ’794
`
`patent, including claim 2.
`
`-ll-
`
`

`

`Case 1:15-cv-00031-RGA Document 63 Filed 03/14/16 Page 12 of 112 PagelD #: 1075
`
`38.
`
`Microsoft instructs and encourages end users to use at least Bing Maps and the
`
`Bing Search application in a manner covered by one or moreclaims ofthe *794 patent, including
`
`claim 2.
`
`39.
`
`Oninformation and belief, end users have used, and continueto use, at least, Bing
`
`Search, Bing Maps Preview, and Bing Mapsin an infringing manner, as the claims are properly
`
`construed both prior to and after the issuance of the Certificate of Correction.
`
`40.
`
`As of the date of the Complaint (D.1. 1), Microsoft is actively inducing and
`
`encouraging direct infringement by end users by offering users Bing Rewardsfor using
`
`Microsoft and/or Bing products andservices, including the Bing Search application. Microsoft
`
`also provides instructions to encourage endusersto use at least Bing Maps, Bing Maps Preview
`
`and the Bing Search application in a manner covered by one or more claimsofthe °794 patent,
`
`including claim 2, as the claims are properly construed both prior to and after the issuanceofthe
`
`Certificate of Correction.
`
`4].|On information and belief, Microsoft as of the date of the Complaint (D.I. 1) had
`
`and has knowledge of the °794 patent and knowledgethat end users’ use of at least Bing Maps,
`
`Bing MapsPreview, and the Bing Search application infringes the ’794 patent. On information
`
`and belief, as ofthe date of the Complaint (D.I. 1} Microsoft intends for end users to use at least
`
`Bing Maps, Bing Maps Preview, and the Bing Search application in a mannerthatdirectly
`
`infringes the °794 patent.
`
`42.
`
`On information and belief, as of the date ofthe Complaint (D.I. 1) Microsoft had
`
`and has knowledgethat the induced acts of end users ofat least Bing Maps, the Bing Maps
`
`Preview application, and the Bing Search application constitute infringementof the ’794 patent.
`
`-12-
`
`

`

`Case 1:15-cv-00031-RGA Document 63 Filed 03/14/16 Page 13 of 112 PagelD #: 1076
`
`43.
`
`As of the date of the Complaint (D.I. 1), Microsoft is contributing to direct
`
`infringementof at least claim 2 of the ’794 patent under 35 U.S.C. § 271(c).
`
`44,
`
`Bing Maps and Bing Maps Preview,at least, are designed to operate in a manner
`
`that is covered by one or more claims ofthe ’794 patent, through, amongotherthings,their use
`
`of maptiles. See, e.g., Joe Schwartz , Bing Maps Tile System, Microsoft Developer Network,
`
`http://msdn.microsoft.com/en-us/library/bb259689.aspx (last visited Oct. 31, 2014), which
`
`includes a graphic that describes Bing Maps maptiles. (See Paragraph 34.)
`
`45.
`
`Microsoft mapping productsandservices, including at least Bing Maps and Bing
`
`MapsPreview,are not staple articles of commerce with substantial non-infringing uses.
`
`46. When an end user uses Microsoft mapping products and services such as Bing
`
`Mapsand Bing Maps Preview in their intended manner, such user performs all of the steps of
`
`one or more claims of the *794 patent, includingat least claim 2, as the claims are properly
`
`construed both prior to and after the issuance of the Certificate of Correction. Accordingly,at
`
`least Bing Maps and Bing Maps Preview are a materia! part of the invention claimed in the *794
`
`patent.
`
`47,
`
`The acts of direct and indirect infringement by Microsoft have caused, are causing,
`
`and will cause damage to Bradium. Bradium is entitled to recover such damages from Microsoft,
`
`in an amount subject to proofattrial.
`
`COUNTII
`INFRINGEMENTOF U.S. PATENT NO. 7,908,343
`
`48.
`
`The contents of Paragraphs | through 47 are incorporated by referenceas if
`
`specifically set forth herein.
`
`-13-—
`
`

`

`Case 1:15-cv-00031-RGA Document 63 Filed 03/14/16 Page 14 of 112 PagelD #: 1077
`
`49.
`
`On March 15, 2011, United States Letters Patent No. 7,908,343 for “Optimized
`
`Image Delivery Over Limited Bandwidth Communication Channels,” was duly andlegally
`
`issued to Isaac Levanon and Yoni Lavi. All rights and interest in the ’343 patent have been
`
`assigned to Bradium, includingtheright to sue for past damages. A true and correct copy of
`
`the °343 patentis attached hereto as Exhibit D.
`
`50.
`
`On information and belief, Microsoft has directly infringed and continues to
`
`infringe at least claims 1 and 13 of the °343 patent. The infringing acts include performing each
`
`step of claim 1 by or underthe direction and control of Microsoft, including the performance of
`
`eachstep by, at least, using one or more of:(i) Microsoft’s Bing Search application for Android
`
`on a computer device such as a smartphone in combination with Microsoft servers;(ii)
`
`Microsoft’s Bing Search application for iOS on a computer device such as a smartphonein
`
`combination with Microsoft servers; (iii) Microsoft’s Bing Maps Preview application for
`
`Microsoft Windows on a computer device such as a smartphone in combination with Microsoft
`servers; and/or (iv) Microsoft’s Bing Maps websites available via smartphone web browsers on
`
`a computer device such as a smartphone in combination with Microsoft servers.
`
`51.
`
`The infringing acts further include at least making, using, putting into service,
`
`selling, offering for sale, and/or importing, systemsthat are covered by one or more claims of
`
`the °343 patent, including claim 13, for example, at least (i) Microsoft’s Bing Search application
`
`for Android on a computer device such as a smartphone in combination with Microsoft servers;
`
`(ii) Microsoft’s Bing Search application for iOS on a computer device such as a smartphone in
`
`combination with Microsoft servers; (iit) Microsoft’s Bing Maps Preview application for
`
`Windows on a computer device such as a smartphone in combination with Microsoft servers; and
`
`-14.-
`
`

`

`Case 1:15-cv-00031-RGA Document 63 Filed 03/14/16 Page 15 of 112 PagelD #: 1078
`
`(iv) Microsoft’s Bing Maps websites available via at least smartphone web browsers on a
`
`computer device such as a smartphone in combination with Microsoft servers.
`
`52,
`
`For example, on information and belief, the Bing Search application, operating on
`
`an Android device, requests, receives, and displays Bing Maps maptiles based on a user’s image
`
`viewpoint. Further, on information and belief, Microsoft servers process Bing Maps maptiles in
`
`an infringing manner.
`
`53.
`
`Microsoft is therefore liable for direct infringement of the 343 patent pursuant to
`
`35 U.S.C.§ 271 (a).
`
`54.
`
`As of the date of the Complaint (D.L1), Microsoft is inducing infringementof at
`
`least claim 13 ofthe °343 patent under 35 U.S.C. § 271(b), because Microsoft has intended, and
`
`continues to intend, to cause end users to use at least Bing Maps, Bing Maps Preview, and the
`
`Bing Search application in a manner covered by one or more claimsof the °343patent, including
`
`claim 13.
`
`55.
`
`Microsoft instructs and encourages end users to use at least Bing Maps, Bing
`
`Maps Preview, and the Bing Search application in a manner covered by one or moreclaims of
`
`the *343 patent, including claim 13.
`
`56.
`
`Oninformation andbelief, end users have used, and continue to use, at least Bing
`
`Search, Bing Maps Preview, and Bing Mapsin an infringing manner, including by making, using
`
`and putting into service the system claimed in claim 13.
`
`57.
`
`As of the date of the Complaint (D.1. 1), Microsoft is actively inducing and
`
`encouraging direct infringement by end users by offering users Bing Rewardsfor using
`
`-15-
`
`

`

`Case 1:15-cv-00031-RGA Document 63 Filed 03/14/16 Page 16 of 112 PagelD #: 1079
`
`Microsoft products andservices, including the Bing Search application. Microsoft provides
`
`instructions that encourage end users to use at least Bing Maps, Bing Maps Preview, and the
`
`Bing Search application in a manner covered by one or more claims of the ’343 patent, including
`
`claim I3.
`
`58.
`On information and belief, Microsoft has knowledge of the °343 patent and
`knowledge that end users’ use ofat least Bing Maps, Bing Maps Preview, and the Bing Search
`
`application infringes the 7343 patent. On information and belief, Microsoft intends for end users
`
`to use at least Bing Maps, Bing Maps Preview, and the Bing Search application in a manner that
`
`directly infringes the °343 patent.
`
`59.
`
`On information andbelief, as of the date of the Complaint (D.I. 1}, Microsoft had
`
`and has knowledgethat the induced acts of end usersof at least Bing Maps, Bing Maps Preview,
`
`and the Bing Search application constitute infringementof the *343 patent.
`
`60.
`
`Microsoft has, and continues to, commitacts of patent infringementofat least
`
`claim 13 of the *343 patent under 35 U.S.C. § 271(f). Microsoft has, and continues to, supplyall
`
`and/or a substantial portion of the components of the invention of at least claim 13 of the °343
`
`patent in or from the United States, in such a manner as to actively induce the combination of
`
`such components outside of the United States in a manner that would infringe the patent if such
`
`combination occurred within the United States.
`
`él.
`
`Further, Microsoft has, and continues to, supply one or more components of the
`
`invention ofat least claim 13 of the °343 patent that are especially adapted for use in the
`
`invention and are not a staple article of commerce suitable for substantial noninfringing use,
`
`knowing that such components are so adapted and intending that such components will be
`
`-16-
`
`

`

`Case 1:15-cv-00031-RGA Document 63 Filed 03/14/16 Page 17 of 112 PagelD #: 1080
`
`combined outside of the United States in a manner that would infringeat least claim 13 of
`
`the °343 patent if such combination occurred within the United States.
`
`62.
`
`For example, on information and belief, Microsoft supplies Microsoft hardware
`
`and/orservers in or from the United States, including as part of the Microsoft Edge Caching
`
`Program, that are especially adapted to, for example, deliver Bing Mapstilesto atleast
`
`Microsoft’s Bing Search application when the application is resident on a computer device such
`
`as asmartphone. When configured to provide mapping products or services, such as by
`
`providing Bing Mapstiles, the Microsoft hardwareis not a staple article of commercesuitable
`
`for substantial noninfringing use. Microsoft actively induces end users to use, for example,at
`
`least the Bing Maps Preview application such that the application is combined with the Microsoft
`
`hardware and/or servers outside of the United States in a manner that would infringeat least
`
`claim 13 of the °343 patent if such combination occurred within the United States.
`
`63.
`
`As another example, Microsoft supplies in or from the United States, via the
`
`WindowsStore, at least the Bing Maps Preview application, which is especially adapted to,
`
`among otherthings, retrieve Bing Mapstiles. Microsoft supplies the Bing Maps Preview
`
`application knowingthat it will be combined outside of the United States with, for example,
`
`Microsoft servers, in a manner that would infringe at least claim 13 of the 343 patent if such
`
`combination occurred within the United States.
`
`64.
`
`As of the date of the Complaint (D.L 1), Microsoft is contributing to direct
`
`infringementof at least claim 13 of the *343 patent under 35 U.S.C. § 271(c).
`
`-17-
`
`

`

`Case 1:15-cv-00031-RGA Document 63 Filed 03/14/16 Page 18 of 112 PagelD #: 1081
`
`65.
`
`Bing Maps and Bing MapsPreview,at least, are designed to operate in a manner
`
`that is covered by one or more claims of the ’343 patent, through, among other things, their use
`
`of Bing Maps maptiles. See, Paragraph 34, above.
`
`66.
`
`Microsoft mapping products and services, such as Bing Maps and Bing Maps
`
`Preview,are notstaple articles of commerce with substantial non-infringing uses.
`
`67. When an end user uses Microsoft mapping products and services, such as Bing
`
`Mapsand Bing Maps Preview, in their intended manner, such user makes, uses and/or puts into
`
`service the system of one or more claimsofthe ’343 patent, including claim 13. Accordingly,at
`least Bing Maps and Bing Maps Preview are a material part ofthe invention claimed in the °343
`
`patent.
`
`68.
`
`The acts of direct and indirect infringement by Microsoft have caused, are causing,
`
`and will cause damage to Bradium. Bradium is entitled to recover such damages from Microsoft,
`
`in an amount subjectto proofattrial.
`
`COUNTI
`INFRINGEMENTOF U.S. PATENT NO.8,924,506
`
`69.
`
`The contents of Paragraphs 1 through 68 are incorporated by reference as if
`
`specifically set forth herein.
`
`70.
`
`On December 30, 2014, United States Letters Patent No. 8,924,506 for
`
`“Optimized Image Delivery Over Limited Bandwidth Communication Channels,” was duly and
`
`legally issued to Isaac Levanon and Yoni Lavi. All rights and interest in the ’506 patent have
`
`been assigned to Bradium, includingthe right to sue for past damages. A true and correct copy
`
`of the °506 patent is attached hereto as Exhibit E.
`
`-18-
`
`

`

`Case 1:15-cv-00031-RGA Document 63 Filed 03/14/16 Page 19 of 112 PagelD #: 1082
`
`71.
`
`On July 21, 2011, United States Patent Application Publication No.
`
`2011/0175914 was published. A true and correct copy of Publication No. 2011/0175914 is
`
`attached hereto as Exhibit F.
`
`72.
`
`Microsoft had prior actual notice of Application No. 13/027,929, whichis the
`
`patent application that issued as the °506 patent, and of Publication No. US 2011/0175914,
`
`which is the publication associated with this application. The claims of Publication No. US
`
`2011/0175914 are substantially identical to the claims of the °506 patent.
`
`73.
`
`On information and belief, Microsoft has directly infringed and continuesto
`
`infringe at least claims 1, 8 and 15 of the ’506 patent. The infringing acts include performing
`
`each step of claim 1 by or underthe direction and control of Microsoft, including the
`
`performanceof each step by,at least, using one or moreof: (i) Microsoft’s Bing Search
`
`application for Android on a computer device such as a smartphone in combination with
`
`Microsoft servers; (ii) Microsoft’s Bing Search application for iOS on a computerdevice such as
`
`a smartphone in combination with Microsoft servers; (iii) Microsoft’s Bing Maps Preview
`
`application for Microsoft Windows on a computer device such as a smartphone in combination
`
`with Microsoft servers; and/or (iv) Microsoft’s Bing Maps websites available via smartphone
`
`web browsers on a computer device such as a smartphone in combination with Microsoft servers.
`
`74.
`
`The infringing acts further include at least making, using, putting into service,
`
`s