Case 2:15-cv-02340-MWF-PLA Document 12 Filed 07/09/15 Page 1 of 8 Page ID #:2138
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`
`IRELL & MANELLA LLP
`Jonathan S. Kagan (166039)
`JKagan@irell.com
`Joshua Glucoft (301249)
`JGlucoft@irell.com
`1800 Avenue of the Stars, Suite 900
`Los Angeles, California 90067-4276
`Telephone:
`(310) 277-1010
`Facsimile:
`(310) 203-7199
`Attorneys for Plaintiff Prime Focus Creative Services Canada Inc.
`
`
`UNITED STATES DISTRICT COURT
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`CENTRAL DISTRICT OF CALIFORNIA
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`Case No. 2:15-CV-02340-MWF-PLA
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`FIRST AMENDED COMPLAINT FOR
`PATENT INFRINGEMENT AND JURY
`DEMAND
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`DEMAND FOR JURY TRIAL
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`PRIME FOCUS CREATIVE SERVICES
`CANADA INC.,
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`Plaintiff,
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`Defendant.
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`v.
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`
`
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`LEGEND3D, INC.,
`
`
`IRELL & MANELLA LLP
`A Registered Limited Liability
`Law Partnership Including
`Professional Corporations
`
`3453478
`
`
`
`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT AND JURY DEMAND
`
`
`
`Legend3D, Inc.
`Exhibit 1018-0001
`
`

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`Case 2:15-cv-02340-MWF-PLA Document 12 Filed 07/09/15 Page 2 of 8 Page ID #:2139
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`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
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`AND JURY DEMAND
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`Plaintiff Prime Focus Creative Services Canada Inc. (“Prime Focus”), by and through its
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`undersigned attorneys, hereby pleads the following claims for patent infringement against
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`Defendant Legend3D, Inc. (“Legend3D”) and alleges as follows.
`PARTIES
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`1. Prime Focus is a wholly owned subsidiary of Prime Focus World N.V. (“Prime Focus
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`World”), which provides creative and technology services including stereo 3D conversion,
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`visual effects, and animation services to major media and entertainment companies and
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`content producers. Prime Focus World has brought its expertise to many wide-release
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`Hollywood films including Guardians of the Galaxy, Transformers: Age of Extinction, Sin
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`City: A Dame To Kill For, Gravity, Maleficent, Edge of Tomorrow, Noah, The Great
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`Gatsby, World War Z, Men in Black 3, Star Wars: Episode I, II & III, Harry Potter and the
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`Deathly Hallows: Part 2, Transformers: Dark of the Moon Avengers: Age of Ultron, Ant-
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`Man, and Avatar. Films currently in production include Tarzan and Alice in Wonderland:
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`Through The Looking Glass.
`2. Prime Focus World helped pioneer stereo 3D conversion and leads the industry in the state
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`of the art. For example, the International 3D and Advanced Imaging Society awarded
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`Prime Focus World “Best Stereography in a Live Action movie” in 2015 for its work on
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`Sin City: A Dame to Kill For and “Best 2D to 3D Conversion” in 2014 for its work on
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`Gravity. Prime Focus World also received a Lumiere™ statuette award for its “Hybrid
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`Stereo Pipeline,” the technology behind the stereo conversion work on shows such as
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`Guardians of the Galaxy, Transformers: Age of Extinction, Sin City: A Dame To Kill For,
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`Teenage Mutant Ninja Turtles, Edge of Tomorrow, Maleficent, and Gravity.
`3. Prime Focus World works with award-winning affiliates to provide a comprehensive set of
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`best-in-class creative and technology services. For example, Double Negative won an
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`IRELL & MANELLA LLP
`A Registered Limited Liability
`Law Partnership Including
`Professional Corporations
`
`3453478
`
`
`- 1 -
`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT AND JURY DEMAND
`
`
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`Legend3D, Inc.
`Exhibit 1018-0002
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`

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`Case 2:15-cv-02340-MWF-PLA Document 12 Filed 07/09/15 Page 3 of 8 Page ID #:2140
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`Academy Award in 2015 for “Best Visual Effects” for its work on Interstellar, including
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`creating the most accurate depiction of a black hole and wormhole ever portrayed.
`4. Prime Focus World has global operations with a presence in key centers of creative content
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`production. Prime Focus is incorporated in Canada with its principal place of business
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`located at 1205 Melville Street, Vancouver, BC V6E 0A6.
`5. Prime Focus VFX Services II Inc. of Canada was the original assignee to U.S. Patent No.
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`8,922,628 (“the ’628 Patent”). Plaintiff Prime Focus Creative Services Canada Inc. is the
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`successor under Canadian Law to Prime Focus VFX Services II Inc. and owns all right,
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`title, and interest to the ‘628 Patent.
`6. On information and belief, Legend3D is a California Corporation with its principal place
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`of business at 2200 Faraday Avenue, Suite 100, Carlsbad, CA 92008.
`7. On information and belief, Legend3D sells and offers to sell stereographic conversion
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`services for transforming two-dimensional images into three-dimensional images.
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`JURISDICTION AND VENUE
`8. This action arises under the patent laws of the United States, Title 35 of the United States
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`Code. This Court has subject matter jurisdiction under 28 U.S.C. §§ 1331 and 1338(a).
`9. This Court has personal jurisdiction over Legend3D. On information and belief,
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`Legend3D conducts substantial business in the state of California and in this district. In
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`particular, on information and belief, Legend3D has regularly and deliberately engaged
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`and continues to engage in infringing activity of transforming two-dimensional images into
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`three-dimensional images in the state of California and in this judicial district.
`10. Venue is proper in this district under 28 U.S.C. §§ 1391(b)-(d) and 1400(b).
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`CLAIM FOR RELIEF
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`(Infringement of U.S. Patent No. 8,922,628)
`11. Prime Focus re-alleges and incorporates by reference Paragraphs 1 through 10 as if fully
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`set forth herein.
`12. The ‘628 Patent, entitled “System and Process for Transforming Two-dimensional Images
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`into Three-dimensional Images” was duly and legally issued on December 30, 2014. The
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`IRELL & MANELLA LLP
`A Registered Limited Liability
`Law Partnership Including
`Professional Corporations
`
`3453478
`
`
`- 2 -
`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT AND JURY DEMAND
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`
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`Legend3D, Inc.
`Exhibit 1018-0003
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`

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`Case 2:15-cv-02340-MWF-PLA Document 12 Filed 07/09/15 Page 4 of 8 Page ID #:2141
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`‘628 Patent names Chris Bond as sold inventor. A true and correct copy of the ‘628 Patent
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`is attached as Exhibit A.
`13. The ‘628 Patent has been in full force and effect since its issuance. Prime Focus owns by
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`assignment the entire right, title, and interest in and to the ‘628 Patent, including the right
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`to seek damages for past, current, and future infringement thereof.
`14. Legend3D has knowledge of the ‘628 Patent at least due to the fact that Legend3D was
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`notified of the ‘628 Patent by Prime Focus before the filing of this action.
`15. On information and belief, Legend3D is directly infringing and has directly infringed
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`(literally and/or under the doctrine of equivalents) the ‘628 Patent by engaging in a process
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`for creating a three-dimensional media projection from a two-dimensional image.
`16. On information and belief, Legend3D begins its process for creating a three-dimensional
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`media projection from a two-dimensional image by creating a working copy of the two-
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`dimensional image. On information and belief, this working copy of the two-dimensional
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`image is subsequently manipulated by the steps described in the following paragraphs
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`(among other potential and additional processes) in order to help create what ultimately
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`comprises the image seen by either the left eye or the right eye of the viewer.
`17. On information and belief, Legend3D creates a depth selection mask associated with at
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`least one characteristic of and at least a portion of the working copy of the two-
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`dimensional image described in Paragraph 16 above. On information and belief, the depth
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`selection mask is created by first selecting a set of image features found in at least a
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`portion of the working copy of the two-dimensional image. These image features may
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`include, without limitation: luminance, saturation, color (including without limitation
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`either the RGB or HSV color spaces), gradient (edge) information, texture, and/or optical
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`flow. On information and belief, in order to perform this selection process, rather than
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`relying on fully manual techniques such as rotoscoping, Legend3D performs this selection
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`using fully or partially automated technology, including, for example, computer-assisted
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`pattern or image feature recognition.
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`IRELL & MANELLA LLP
`A Registered Limited Liability
`Law Partnership Including
`Professional Corporations
`
`3453478
`
`
`- 3 -
`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT AND JURY DEMAND
`
`
`
`Legend3D, Inc.
`Exhibit 1018-0004
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`

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`Case 2:15-cv-02340-MWF-PLA Document 12 Filed 07/09/15 Page 5 of 8 Page ID #:2142
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`18. On information and belief, Legend3D then creates the depth selection mask by determining
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`a real, normalized value for the selected image features for each pixel location in the
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`selected portion of the working copy of the two-dimensional image. On information and
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`belief, Legend3D optionally visualizes the depth selection mask in the form of a grey-scale
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`mask, wherein the real, normalized values correspond to a darker or brighter pixel on the
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`grey-scale mask. For example, pixels assigned a maximal value of 1.0 may be depicted as
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`pure white while pixels assigned a minimal value of 0.0 may be depicted as pure black,
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`with intermediate values in the range [0.0, 1.0] being assigned a representative grey tone;
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`the normalized values may also be illustrated in the inverse manner, wherein a value of 1.0
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`may be depicted as pure black while a value of 0.0 may be depicted as pure white, again
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`with intermediate values in the range [0.0, 1.0] being assigned a representative grey tone.
`19. On information and belief, Legend3D then determines a vector field of each pixel of the
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`selected portion of the working image. On information and belief, Legend3D assigns each
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`pixel both a horizontal and vertical vector (although any orthogonal basis may be
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`employed), which is stored in the “U” (horizontal) and “V” (vertical) channels associated
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`with each pixel. On information and belief, Legend3D alternatively assigns only a single
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`vector to each pixel, since pixel displacement is typically confined to the horizontal
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`direction, and therefore only a vector with at least a horizontal component is assigned to
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`each pixel of the selected portion of the working image.
`20. On information and belief, Legend3D then applies the depth selection mask to the vector
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`field in the selected portion of the working copy of the two-dimensional image to create a
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`weighted displacement mask having a displacement vector associated with each pixel of
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`the portion of the working image, where the displacement vector has a magnitude and
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`direction. On information and belief, Legend3D scales the vectors described in Paragraph
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`19 in proportion to the real, normalized value determined during the creation of the depth
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`selection mask described in Paragraphs 17 and 18. On information and belief, Legend3D
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`optionally visualizes the resulting weighted displacement mask in the form of a grey-scale
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`mask wherein the magnitude of the vectors correspond to a darker or brighter pixel on the
`
`IRELL & MANELLA LLP
`A Registered Limited Liability
`Law Partnership Including
`Professional Corporations
`
`3453478
`
`
`- 4 -
`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT AND JURY DEMAND
`
`
`
`Legend3D, Inc.
`Exhibit 1018-0005
`
`

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`Case 2:15-cv-02340-MWF-PLA Document 12 Filed 07/09/15 Page 6 of 8 Page ID #:2143
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`grey-scale mask. For example, vectors with the largest relative magnitude may be depicted
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`as pure white while vectors with the smallest relative magnitude may be depicted as pure
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`black, with intermediate vector magnitudes being assigned a representative grey tone; the
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`vector magnitudes may also be illustrated in the inverse manner, wherein the largest
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`relative magnitude vector may be depicted as pure black while the smallest relative
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`magnitude vector may be depicted as pure white. On information and belief, Legend3D
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`typically confines its displacement to only the horizontal direction for purposes of creating
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`a stereoscopic effect for the ultimate viewer; accordingly, the vertical component of the
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`vectors in Legend3D’s weighted displacement masks are typically assigned a magnitude of
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`0.
`21. On information and belief, Legend3D modifies the working copy of the two-dimensional
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`image by displacing each pixel of the selected portion of the working image in accordance
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`with the magnitude and direction of the vector or vectors associated with that pixel in the
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`weighted displacement mask.
`22. On information and belief, Legend3D then creates a stereo pair of images by pairing the
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`original two-dimensional image with the modified working copy of the two-dimensional
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`image. On information and belief, Legend3D often repeats the aforementioned steps to
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`create a second modified working copy of the two-dimensional image that corresponds to
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`the image to be seen by the viewer’s other eye.
`23. The product made by the processes of the ‘628 Patent may include one or more stereo pairs
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`of images, modified two-dimensional images, three-dimensional images or media
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`projections, or sets of instructions stored on non-transitory computer-readable media for
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`facilitating the transformation of two-dimensional images into three-dimensional images or
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`media projections. On information and belief, Legend3D infringes the ‘628 Patent by
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`importing, offering to sell, selling, or using within the U.S. these products. As the process
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`employed by Legend3D is a post-production service, its output is by definition not
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`thereafter materially changed by subsequent processes nor does it become a trivial and
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`nonessential component of another product.
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`IRELL & MANELLA LLP
`A Registered Limited Liability
`Law Partnership Including
`Professional Corporations
`
`3453478
`
`
`- 5 -
`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT AND JURY DEMAND
`
`
`
`Legend3D, Inc.
`Exhibit 1018-0006
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`

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`Case 2:15-cv-02340-MWF-PLA Document 12 Filed 07/09/15 Page 7 of 8 Page ID #:2144
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`24. On information and belief, Legend3D undertook its infringing actions despite an
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`objectively high likelihood that such activities infringed the ‘628 Patent. Since at least the
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`time when Legend3D was notified of the ‘628 Patent by Prime Focus, Legend3D has been
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`aware of an objectively high likelihood that its actions constituted, and continue to
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`constitute, infringement of the ‘628 Patent and that the ‘628 Patent is presumed valid.
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`Despite that knowledge, on information and belief, Legend3D has continued its infringing
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`activities. As such, Legend3D has willfully infringed the ‘628 Patent.
`25. As a result of Legend3D’s infringement of the ‘628 Patent, Prime Focus has been damaged
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`and will continue to suffer damages unless Legend3D’s infringing activities are enjoined
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`by this Court. Prime Focus is entitled to recover for damages sustained as a result of
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`Legend3D’s wrongful acts in an amount subject to proof at trial.
`26. In addition, Legend3D’s infringing acts and practices have caused and are causing
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`immediate and irreparable harm to Prime Focus.
`PRAYER FOR RELIEF
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`WHEREFORE, Prime Focus prays for judgment against Legend3D as follows:
`A. That Legend3D has directly infringed (either literally or under the doctrine of equivalents)
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`and continues to directly infringe one or more claims of the ‘628 Patent;
`B. That Legend3D has infringed (either literally or under the doctrine of equivalents) one or
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`more claims of the ‘628 Patent by importing into the U.S. or offering to sell, selling, or
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`using within the U.S. a product that is made by a process patented in the ‘628 Patent;
`C. That Legend3D has willfully infringed the ‘628 Patent;
`D. That Legend3D and its officers, directors, agents, servants, employees, divisions,
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`subsidiaries, parents, affiliates, branches, and all others acting in concert with Legend3D
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`be permanently enjoined from infringing the ‘628 Patent;
`E. That Legend3D pay Prime Focus damages for infringement of the ‘628 patent, together
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`with costs and both pre-judgment and post-judgment interest;
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`IRELL & MANELLA LLP
`A Registered Limited Liability
`Law Partnership Including
`Professional Corporations
`
`3453478
`
`
`- 6 -
`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT AND JURY DEMAND
`
`
`
`Legend3D, Inc.
`Exhibit 1018-0007
`
`

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`Case 2:15-cv-02340-MWF-PLA Document 12 Filed 07/09/15 Page 8 of 8 Page ID #:2145
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`F. That Legend3D pay Prime Focus treble damages pursuant to 35 U.S.C. § 284 for its willful
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`infringement of the ‘628 Patent;
`G. That this is an exceptional case under 35 U.S.C. § 285 and therefore that Legend3D pay
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`Prime Focus’ reasonable attorney’s fees and costs in this action; and
`H. That Prime Focus be awarded such other and further relief, including equitable relief, as
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`this Court deems just and proper.
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`DEMAND FOR JURY TRIAL
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`Pursuant to Federal Rule of Civil Procedure 38(b), Prime Focus hereby demands a trial by
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`jury on all issues triable to a jury.
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`Dated: July 9, 2015
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`Respectfully submitted by:
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`IRELL & MANELLA LLP
`
`/s/ Jonathan Kagan
`By: Jonathan Kagan (166039)
`JKagan@irell.com
`Joshua Glucoft (301249)
`JGlucoft@irell.com
`1800 Avenue of the Stars, Suite 900
`Los Angeles, California 90067-4276
`Telephone:
`(310) 277-1010
`(310) 203-7199
`Facsimile:
`Attorneys for Plaintiff Prime Focus Creative Services
`Canada Inc.
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`
`IRELL & MANELLA LLP
`A Registered Limited Liability
`Law Partnership Including
`Professional Corporations
`
`3453478
`
`
`- 7 -
`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT AND JURY DEMAND
`
`
`
`Legend3D, Inc.
`Exhibit 1018-0008