`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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` Case No. 1:15-cv-00031-RGA
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` JURY TRIAL DEMANDED
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`BRADIUM TECHNOLOGIES LLC,
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`Plaintiff,
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`v.
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`MICROSOFT CORPORATION,
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`Defendant.
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`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
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`Plaintiff Bradium Technologies LLC (“Bradium”) alleges as follows against defendant
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`Microsoft Corporation (“Microsoft”):
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`THE PARTIES
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`1.
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`Bradium Technologies LLC is a Delaware Limited Liability Company (LLC)
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`with a place of business at 75 Montebello Road, Suffern, New York 10901-3746.
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`2.
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`Microsoft Corporation is a Washington corporation with a place of business at
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`One Microsoft Way, Redmond, WA, 98052-6399. Microsoft may be served via service upon
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`Corporation Service Company, 2711 Centerville Rd., Suite 400, Wilmington, DE 19808.
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`JURISDICTION AND VENUE
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`3.
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`This is an action for patent infringement under the patent laws of the United
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`States, Title 35 of the United States Code, arising from Microsoft’s making, using, selling,
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`putting into service, and/or offering for sale in the United States, and/or importing into the
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`Microsoft Corp. Exhibit 1011
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`Case 1:15-cv-00031-RGA Document 63 Filed 03/14/16 Page 2 of 112 PageID #: 1065
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`United States, and/or supplying in or from the United States, various products, services, and
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`components, including those related to Bing Maps, and/or inducing others to do the same, and/or
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`contributing to others doing the same, and/or inducing or contributing to others combining such
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`components in an infringing manner, during the term of U.S. Patent Nos. 7,139,794, 7,908,343,
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`8,924,506, and 9,253,239, and from the date Microsoft had notice of the application published as
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`United States Patent Application Publication No. 2011/0175914. This Court has jurisdiction
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`over the subject matter of this action pursuant to 28 U.S.C. §§ 1331 and 1338(a) because this
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`action arises under the patent laws of the United States, including at least 35 U.S.C. §§ 154(d),
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`271(a), (b), (c), and (f).
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`4.
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`This Court has personal jurisdiction over Microsoft because, among other things,
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`Microsoft has made, used, sold, and/or offered for sale Bing Maps products and services in the
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`State of Delaware and within this District, and the causes of action alleged herein arise in part
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`from such conduct, and because Microsoft regularly and systematically transacts business in this
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`District at least through its store located at 137 Christiana Mall, Newark, DE 19702.
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`5.
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`Furthermore, Microsoft has purposefully availed itself of the benefits of doing
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`business in the State of Delaware and in this District by, among other things, the acts alleged in
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`Paragraph 4 of this Complaint and the acts of filing numerous lawsuits in this District, including,
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`for example, Microsoft Corp. v. Robocast Inc., C.A. 13-cv-313 (D. Del. Feb. 25, 2013), D.I. 1
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`(Microsoft complaint alleging patent infringement); Microsoft Corp., et al. v. GeoTag Inc., C.A.
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`11-cv-175 (D Del. Mar. 1, 2011), D.I. 1 (Microsoft complaint seeking declaratory judgment of
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`patent invalidity). Microsoft has not contested that this District is a proper venue and that it is
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`subject to personal jurisdiction in this venue in past litigation. Interdigital Commc’ns, et al. v.
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`Microsoft Corp. Exhibit 1011
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`Case 1:15-cv-00031-RGA Document 63 Filed 03/14/16 Page 3 of 112 PageID #: 1066
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`
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`Nokia Corp., et al., C.A. 13-cv-010 (D Del. Mar 7, 2013), D.I. 14 at ¶¶ 8-9 (Microsoft answer,
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`consenting to litigate patent infringement matter in the District of Delaware).
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`6.
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`The exercise of personal jurisdiction over Microsoft would not offend traditional
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`notions of fair play and substantial justice.
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`7.
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`Venue is proper in this District pursuant to 28 U.S.C. §§ 1391 and 1400 because
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`Microsoft resides or is deemed to reside in this District, is subject to personal jurisdiction in this
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`District, has committed acts of infringement in this District, has a regular and established place
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`of business in this District, may be found in this District, and has one or more agents who reside
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`in or may be found in this District.
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`BACKGROUND
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`8.
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`This lawsuit asserts causes of action for infringement of United States Patent Nos.
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`7,139,794 (the “’794 patent”), 7,908,343 (the “’343 patent”), 8,924,506 (the “’506 patent”),
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`9,253,239 (the “’239 patent”), and of United States Patent Application Publication No.
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`2011/0175914 (“Publication No. 2011/0175914”) (collectively, the “Asserted Patents”).
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`9.
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`Isaac Levanon and Yoni Lavi invented the technology claimed in
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`the ’794, ’343, ’506 and ’239 patents and Publication No. 2011/0175914. A company, 3DVU,
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`was created in order to commercialize this technology.
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`10.
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`3DVU met with Microsoft executives on multiple occasions in or around 2005,
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`including a meeting at Microsoft in about September 2005.
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`11.
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`At these meetings, 3DVU and Microsoft discussed the possible acquisition by
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`Microsoft of the technology invented by Messrs. Levanon and Lavi. In relation to these
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`- 3 -
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`Microsoft Corp. Exhibit 1011
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`Case 1:15-cv-00031-RGA Document 63 Filed 03/14/16 Page 4 of 112 PageID #: 1067
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`
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`meetings, Microsoft specifically requested information about, and 3DVU disclosed to Microsoft
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`executives and engineers involved in mapping technology at Microsoft, the technology and the
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`patent applications that ultimately led to the ’794, ’343, ’506 and ’239 patents and Publication
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`No. 2011/0175914. 3DVU demonstrated a prototype for Microsoft personnel.
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`12.
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`As part of the acquisition discussions, and, on information and belief, to induce
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`3DVU to continue making further disclosures regarding technology and other matters to
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`Microsoft, Microsoft executives informed 3DVU that they had “strategic approval” from
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`Microsoft to proceed with the acquisition deal.
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`13.
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`Instead of acquiring 3DVU, or purchasing or seeking to license this technology,
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`upon information and belief, Microsoft without consent or authorization began to incorporate the
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`technology of the ’794, ’343, ’506, and ’239 patents and Publication No. 2011/0175914 into its
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`products and services.
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`14. Microsoft has prior knowledge of at least the ’794 and ’343 patents as
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`demonstrated by the fact that its own patents and patent applications refer to the ’794 and ’343
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`patents. The ’794 patent was cited during the prosecution of U.S. Patent No. 7,664,870
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`(“the ’870 patent”) on August 15, 2008. The ’870 patent was assigned to Microsoft as of August
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`15, 2008. The ’794 patent was also cited during the prosecution of U.S. Patent No. 8,386,560
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`(“the ’560 patent”) on September 8, 2008. The ’560 patent was assigned to Microsoft as of
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`September 8, 2008. The ’343 patent, and its Publication No. 2010/0064002, were cited in an
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`International Search Report for International Application No. PCT/US2011/038008, for which
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`Microsoft was the applicant, on December 28, 2011. Publication No. 2010/0064002 is listed on
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`- 4 -
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`Microsoft Corp. Exhibit 1011
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`Case 1:15-cv-00031-RGA Document 63 Filed 03/14/16 Page 5 of 112 PageID #: 1068
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`
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`the face of U.S. Patent No. 8,446,441 that issued from International Application No.
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`PCT/US2011/038008.
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`15.
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`Bradium and its managing member and licensing agent General Patent
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`Corporation wrote to Microsoft on May 27, 2014, and again on December 23, 2014, regarding
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`the patent family that includes the ’794, ’343, ’506, and ’239 patents, but, despite these
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`invitations, Microsoft did not enter into licensing or business discussions with Bradium or
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`General Patent Corporation. (Exhibit A.) In both the May 27, 2014 and December 23, 2014
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`letters, Bradium and General Patent Corporation noted the ’794 and ’343 patents, and informed
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`Microsoft of Application No. 13/027,929, which issued as the ’506 patent on December 30, 2014,
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`and which published as Publication No. 2011/0175914 on July 21, 2011.
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`16.
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`Bradium wrote to Microsoft on February 2, 2016 informing Microsoft of the
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`issuance of the ’239 patent. A true and correct copy of the February 2, 2016 letter is attached
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`hereto as Exhibit B. On information and belief, Microsoft was already aware prior to February 2,
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`2016 that the application for the ’239 patent had been granted and that the patent would issue. In
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`the February 2, 2016 letter, Bradium informed Microsoft that Microsoft was directly and
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`indirectly infringing the ’239 patent by, among other things, using, putting into service and
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`inducing users to use Bing Maps, Bing Search and Bing Maps Preview products and services.
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`Bradium requested that Microsoft immediately cease its infringing activities regarding the ’239
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`patent, and that Microsoft inform Bradium by February 16, 2016 whether Microsoft would
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`comply. Microsoft responded by letter dated February 16, 2016, in which letter Microsoft failed
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`to state or indicate in any way that it would comply with Bradium’s request. Bradium sent a
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`follow up letter dated February 17, 2016 noting Microsoft’s failure to state whether it would
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`comply with Bradium’s request and stating that Bradium would assume based upon such failure
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`Microsoft Corp. Exhibit 1011
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`Case 1:15-cv-00031-RGA Document 63 Filed 03/14/16 Page 6 of 112 PageID #: 1069
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`
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`that Microsoft did not intend to comply. On information and belief, Microsoft has not in fact
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`complied with Bradium’s request, and Microsoft’s conduct in continuing its infringing conduct
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`with respect to the ’239 patent by, among other things, using, putting into service and inducing
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`users to use Bing Maps, Bing Search and Bing Maps Preview products and services after
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`receiving notice of infringement of such patents, is objectively reckless and not in good faith.
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`17. Microsoft provides mapping products and services, including Bing Maps products
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`and services, in the United States, including in the District of Delaware. Microsoft distributes at
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`least its Bing Search and Bing Maps Preview applications in this District, and Microsoft makes
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`Bing Maps available via the web in this District.
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`18.
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`At least Microsoft’s currently-available mapping products and services, including
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`Bing Maps products and services, use the patented technology of the ’794, ’343, ’506, and ’239
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`patents and Publication No. 2011/0175914.
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`19.
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`Bing Maps has been a part of Microsoft’s Online Services Division (“OSD”),
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`including during Microsoft’s fiscal year 2013. The sale of search and display advertising
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`accounted for nearly all of OSD’s revenue in fiscal year 2013.
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`20.
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`Bing Maps generates revenue for Microsoft directly and/or indirectly through the
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`sale of search and display advertising and/or licensing.
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`21.
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`OSD’s online advertising revenue for fiscal year 2013 was approximately $3.0
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`billion dollars.
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`22. Microsoft has distributed, and continues to distribute, the Bing Maps Preview
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`application via the Windows store, and the Bing Search application (which includes Bing Maps)
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`Microsoft Corp. Exhibit 1011
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`Case 1:15-cv-00031-RGA Document 63 Filed 03/14/16 Page 7 of 112 PageID #: 1070
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`
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`via at least the Google Play Store, the iOS App Store, and the Windows Store, and Microsoft has
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`made, for example, Bing Maps available via Microsoft web sites to users via at least smartphone
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`web browsers.
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`23. Microsoft advertises and promotes mapping products and services, including Bing
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`Maps and Bing Maps Preview. The Google Play Store indicates that the Bing Search application
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`(which includes Bing Maps) is offered by Microsoft, and that the Bing Search application has
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`been downloaded over one million times. The iOS App Store indicates that Microsoft is the
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`seller of the Bing Search application. The Windows Store indicates that the Bing Maps Preview
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`application is offered by Microsoft.
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`24. Microsoft provides instructions for users of its mapping products and services,
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`including Bing Maps and Bing Maps Preview, via, for example, Microsoft’s website, via Bing
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`Blogs, and via the Bing Search application description that is displayed, for example, on the iOS
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`App Store. For example, the description for Bing Search that is displayed on the iOS App Store
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`instructs users, under the “Maps” heading, to “[g]et walking, driving, and transit directions with
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`current traffic conditions,” and to “[e]xplore shops, restaurants and other places with ratings,
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`prices, and other detailed information.” As another example, Microsoft provides instructions for
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`users of the Bing Maps Preview application for Windows 8.1 in a September 10, 2014 Bing
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`Blogs posting entitled “Get Around Town Faster with Bing Maps Preview App,”
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`http://blogs.bing.com/search/2014/09/10/get-around-town-faster-with-bing-maps-preview-app/,
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`and via a YouTube video entitled “Bing Maps Preview App,” that was posted by Microsoft’s
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`Bing Maps Team on December 5, 2013, http://www.youtube.com/watch?v=6X5a2Wj4URM.
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`Microsoft Corp. Exhibit 1011
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`Case 1:15-cv-00031-RGA Document 63 Filed 03/14/16 Page 8 of 112 PageID #: 1071
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`
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`25.
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`The Microsoft Bing Maps team makes some test data related to Bing Maps
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`publicly available for Bing Maps. See Ricky Brundritt, Location Intelligence for Windows Store
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`Apps 199 (2014), available at http://blogs.msdn.com/b/rbrundritt/archive/2014/03/04/free-ebook-
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`location-intelligence-for-windows-store-apps.aspx.
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`26.
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`On information and belief, Microsoft also offers training on the use of at least the
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`Bing Search application and Bing Maps, as part of the on-site training at one or more Microsoft
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`Stores, including as part of the “Windows 8.1: Fundamentals of The New Windows” course that
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`is offered at the Microsoft Store in Newark, Delaware. The “event details” for this course
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`indicate that the event includes instruction on apps. See Newark Event Calendar, Microsoft
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`Store, http://www.microsoft.com/en-us/store/locations/de/newark/christiana-mall/store-
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`16#events (last visited January 5, 2014).
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`27.
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`On June 16, 2015, Microsoft petitioned for inter partes review of all claims of
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`the ’506, ’343, and ’794 patents on grounds of obviousness, in IPR Nos. IPR2015-01434,
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`IPR2015-01435, and IPR2015-01432, respectively.
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`28.
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`On December 23, 2015, the Patent Trial and Appeal Board denied institution of
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`inter partes review of the ’343 and ’506 patents, rejecting each obviousness challenge asserted
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`by Microsoft in its petition and concluding that Microsoft had failed to demonstrate a reasonable
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`likelihood of success in proving that even a single claim of those patents was invalid. In
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`particular, the Patent Trial and Appeal Board rejected Microsoft’s petition regarding the ’343
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`patent that was based on arguments that the following combinations of references invalidated the
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`claims: Michael Potmesil, Maps Alive: Viewing Geospatial Information on the WWW, Computer
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`Networks and ISDN Systems Vol. 29, No. 7 (Aug. 1997) (“Potmesil”) in view of PCT Patent
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`Microsoft Corp. Exhibit 1011
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`Case 1:15-cv-00031-RGA Document 63 Filed 03/14/16 Page 9 of 112 PageID #: 1072
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`
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`Publication WO 99/41675 (“Hornbacker”); Potmesil in view of Hornbacker and Peter Lindstrom
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`et al., An Integrated Global GIS and Visual Simulation System, Graphics, Visualization &
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`Usability Center, Georgia Institute of Technology, undated (“Lindstrom”); U.S. Patent No.
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`6,650,998 (“Rutledge”) in view of U.S. Patent No. 5,682,441 (“Ligtenberg”) and U.S. Patent No.
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`6,118,456 (“Cooper”); Rutledge in view of Ligtenberg, Cooper and U.S Patent No. 5,940,117
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`(“Hassan”); and Rutledge in view of Ligtenberg, Cooper and PCT Publication No. WO
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`98/15920. See IPR2015-01434, Paper 15. The Patent Trial and Appeal Board also rejected
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`Microsoft’s petition regarding the ’506 patent that was based on arguments that the following
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`combinations of references invalidated the claims: Potmesil in view of Hornbacker and
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`Lindstrom; Rutledge in view of Ligtenberg and Cooper; and Rutledge in view of Ligtenberg,
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`Cooper and Hassan. See IPR2015-01435, Paper 14. Additionally, the Patent Trial and Appeal
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`Board denied one of the grounds for Microsoft’s challenges to the claims of the ’794 patent.
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`COUNT I
`INFRINGEMENT OF U.S. PATENT NO. 7,139,794
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`29.
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`The contents of Paragraphs 1 through 28 are incorporated by reference as if
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`specifically set forth herein.
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`30.
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`On November 21, 2006, United States Letters Patent No. 7,139,794 for “System
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`and Methods for Network Image Delivery with Dynamic Viewing Frustum Optimized for
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`Limited Bandwidth Communication Channels,” was duly and legally issued to Isaac Levanon
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`and Yoni Lavi. A Certificate of Correction issued for the ’794 patent on July 1, 2014. All rights
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`and interest in the ’794 patent have been assigned to Bradium, including the right to sue for past
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`damages. A true and correct copy of the ’794 patent, including the Certificate of Correction, is
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`attached hereto as Exhibit C.
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`Microsoft Corp. Exhibit 1011
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`Case 1:15-cv-00031-RGA Document 63 Filed 03/14/16 Page 10 of 112 PageID #: 1073
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`31.
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`On information and belief, Microsoft has directly infringed and continues to
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`directly infringe one or more claims of the ’794 patent, including at least claim 2, as the claims
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`are properly construed both prior to and after the issuance of the Certificate of Correction. On
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`information and belief, the infringing acts include performing each step of claim 2 by or under
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`the direction and control of Microsoft, including at least using one or more of: (i) Microsoft’s
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`Bing Search application for Android on a computer device such as a smartphone; (ii) Microsoft’s
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`Bing Search application for iOS on a computer device such as a smartphone; (iii) Microsoft’s
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`Bing Maps Preview application for Microsoft Windows on a computer device such as a
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`smartphone; and/or (iv) Microsoft’s Bing Maps web sites available via smartphone web browsers
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`on a computer device such as a smartphone.
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`32.
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`For example, on information and belief, Microsoft’s Bing Search application for
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`Android on a computer device such as a smartphone, determines a viewpoint orientation with
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`respect to a Bing Maps image displayed within a three-dimensional space, in response to user
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`navigational commands when employing the “bird’s eye” map style.
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`33.
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`Further, on information and belief, Microsoft’s Bing Search application for
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`Android on a computer device such as a smartphone, in combination with Microsoft servers,
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`requests Bing Maps map tiles in a priority order to provide progressive resolution enhancement
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`of the Bing Maps image.
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`34.
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`On information and belief, Bing Maps map tiles are image parcels that correspond
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`to a region of the map image and that have an associated resolution. See, e.g., Joe Schwartz,
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`Bing Maps Tile System, Microsoft Developer Network, http://msdn.microsoft.com/en-
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`Microsoft Corp. Exhibit 1011
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`Case 1:15-cv-00031-RGA Document 63 Filed 03/14/16 Page 11 of 112 PageID #: 1074
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`
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`us/library/bb259689.aspx (last visited Oct. 31, 2014), which includes the following graphic that
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`describes Bing Maps map tiles:
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`35.
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`Further, on information and belief, Microsoft’s Bing Search application for
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`Android on a computer device such as a smartphone, in combination with Microsoft servers,
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`stores and renders the Bing Maps map tiles, and the priority of the map tiles is reevaluated in
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`response to user navigational commands.
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`36. Microsoft is therefore liable for direct infringement of the ’794 patent pursuant to
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`35 U.S.C. § 271(a).
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`37.
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`As of the date of the Complaint (D.I. 1), Microsoft is inducing infringement of at
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`least claim 2 of the ’794 patent under 35 U.S.C. § 271(b), as the claims are properly construed
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`both prior to and after the issuance of the Certificate of Correction, because Microsoft has
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`intended, and continues to intend, to cause end users to use at least Bing Maps, Bing Maps
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`Preview, and the Bing Search application in a manner covered by one or more claims of the ’794
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`patent, including claim 2.
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`Microsoft Corp. Exhibit 1011
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`Case 1:15-cv-00031-RGA Document 63 Filed 03/14/16 Page 12 of 112 PageID #: 1075
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`38. Microsoft instructs and encourages end users to use at least Bing Maps and the
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`Bing Search application in a manner covered by one or more claims of the ’794 patent, including
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`claim 2.
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`39.
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`On information and belief, end users have used, and continue to use, at least, Bing
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`Search, Bing Maps Preview, and Bing Maps in an infringing manner, as the claims are properly
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`construed both prior to and after the issuance of the Certificate of Correction.
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`40.
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`As of the date of the Complaint (D.I. 1), Microsoft is actively inducing and
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`encouraging direct infringement by end users by offering users Bing Rewards for using
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`Microsoft and/or Bing products and services, including the Bing Search application. Microsoft
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`also provides instructions to encourage end users to use at least Bing Maps, Bing Maps Preview
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`and the Bing Search application in a manner covered by one or more claims of the ’794 patent,
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`including claim 2, as the claims are properly construed both prior to and after the issuance of the
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`Certificate of Correction.
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`41.
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`On information and belief, Microsoft as of the date of the Complaint (D.I. 1) had
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`and has knowledge of the ’794 patent and knowledge that end users’ use of at least Bing Maps,
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`Bing Maps Preview, and the Bing Search application infringes the ’794 patent. On information
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`and belief, as of the date of the Complaint (D.I. 1) Microsoft intends for end users to use at least
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`Bing Maps, Bing Maps Preview, and the Bing Search application in a manner that directly
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`infringes the ’794 patent.
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`42.
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`On information and belief, as of the date of the Complaint (D.I. 1) Microsoft had
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`and has knowledge that the induced acts of end users of at least Bing Maps, the Bing Maps
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`Preview application, and the Bing Search application constitute infringement of the ’794 patent.
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`Microsoft Corp. Exhibit 1011
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`Case 1:15-cv-00031-RGA Document 63 Filed 03/14/16 Page 13 of 112 PageID #: 1076
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`43.
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`As of the date of the Complaint (D.I. 1), Microsoft is contributing to direct
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`infringement of at least claim 2 of the ’794 patent under 35 U.S.C. § 271(c).
`
`44.
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`Bing Maps and Bing Maps Preview, at least, are designed to operate in a manner
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`that is covered by one or more claims of the ’794 patent, through, among other things, their use
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`of map tiles. See, e.g., Joe Schwartz , Bing Maps Tile System, Microsoft Developer Network,
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`http://msdn.microsoft.com/en-us/library/bb259689.aspx (last visited Oct. 31, 2014), which
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`includes a graphic that describes Bing Maps map tiles. (See Paragraph 34.)
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`45. Microsoft mapping products and services, including at least Bing Maps and Bing
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`Maps Preview, are not staple articles of commerce with substantial non-infringing uses.
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`46. When an end user uses Microsoft mapping products and services such as Bing
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`Maps and Bing Maps Preview in their intended manner, such user performs all of the steps of
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`one or more claims of the ’794 patent, including at least claim 2, as the claims are properly
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`construed both prior to and after the issuance of the Certificate of Correction. Accordingly, at
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`least Bing Maps and Bing Maps Preview are a material part of the invention claimed in the ’794
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`patent.
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`47.
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`The acts of direct and indirect infringement by Microsoft have caused, are causing,
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`and will cause damage to Bradium. Bradium is entitled to recover such damages from Microsoft,
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`in an amount subject to proof at trial.
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`COUNT II
`INFRINGEMENT OF U.S. PATENT NO. 7,908,343
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`48.
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`The contents of Paragraphs 1 through 47 are incorporated by reference as if
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`specifically set forth herein.
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`Microsoft Corp. Exhibit 1011
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`Case 1:15-cv-00031-RGA Document 63 Filed 03/14/16 Page 14 of 112 PageID #: 1077
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`49.
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`On March 15, 2011, United States Letters Patent No. 7,908,343 for “Optimized
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`Image Delivery Over Limited Bandwidth Communication Channels,” was duly and legally
`
`issued to Isaac Levanon and Yoni Lavi. All rights and interest in the ’343 patent have been
`
`assigned to Bradium, including the right to sue for past damages. A true and correct copy of
`
`the ’343 patent is attached hereto as Exhibit D.
`
`50.
`
`On information and belief, Microsoft has directly infringed and continues to
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`infringe at least claims 1 and 13 of the ’343 patent. The infringing acts include performing each
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`step of claim 1 by or under the direction and control of Microsoft, including the performance of
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`each step by, at least, using one or more of: (i) Microsoft’s Bing Search application for Android
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`on a computer device such as a smartphone in combination with Microsoft servers; (ii)
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`Microsoft’s Bing Search application for iOS on a computer device such as a smartphone in
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`combination with Microsoft servers; (iii) Microsoft’s Bing Maps Preview application for
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`Microsoft Windows on a computer device such as a smartphone in combination with Microsoft
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`servers; and/or (iv) Microsoft’s Bing Maps web sites available via smartphone web browsers on
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`a computer device such as a smartphone in combination with Microsoft servers.
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`51.
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`The infringing acts further include at least making, using, putting into service,
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`selling, offering for sale, and/or importing, systems that are covered by one or more claims of
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`the ’343 patent, including claim 13, for example, at least (i) Microsoft’s Bing Search application
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`for Android on a computer device such as a smartphone in combination with Microsoft servers;
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`(ii) Microsoft’s Bing Search application for iOS on a computer device such as a smartphone in
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`combination with Microsoft servers; (iii) Microsoft’s Bing Maps Preview application for
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`Windows on a computer device such as a smartphone in combination with Microsoft servers; and
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`Microsoft Corp. Exhibit 1011
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`Case 1:15-cv-00031-RGA Document 63 Filed 03/14/16 Page 15 of 112 PageID #: 1078
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`
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`(iv) Microsoft’s Bing Maps web sites available via at least smartphone web browsers on a
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`computer device such as a smartphone in combination with Microsoft servers.
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`52.
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`For example, on information and belief, the Bing Search application, operating on
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`an Android device, requests, receives, and displays Bing Maps map tiles based on a user’s image
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`viewpoint. Further, on information and belief, Microsoft servers process Bing Maps map tiles in
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`an infringing manner.
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`53. Microsoft is therefore liable for direct infringement of the ’343 patent pursuant to
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`35 U.S.C. § 271(a).
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`54.
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`As of the date of the Complaint (D.I. 1), Microsoft is inducing infringement of at
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`least claim 13 of the ’343 patent under 35 U.S.C. § 271(b), because Microsoft has intended, and
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`continues to intend, to cause end users to use at least Bing Maps, Bing Maps Preview, and the
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`Bing Search application in a manner covered by one or more claims of the ’343 patent, including
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`claim 13.
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`55. Microsoft instructs and encourages end users to use at least Bing Maps, Bing
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`Maps Preview, and the Bing Search application in a manner covered by one or more claims of
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`the ’343 patent, including claim 13.
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`56.
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`On information and belief, end users have used, and continue to use, at least Bing
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`Search, Bing Maps Preview, and Bing Maps in an infringing manner, including by making, using
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`and putting into service the system claimed in claim 13.
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`57.
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`As of the date of the Complaint (D.I. 1), Microsoft is actively inducing and
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`encouraging direct infringement by end users by offering users Bing Rewards for using
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`Microsoft Corp. Exhibit 1011
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`Case 1:15-cv-00031-RGA Document 63 Filed 03/14/16 Page 16 of 112 PageID #: 1079
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`
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`Microsoft products and services, including the Bing Search application. Microsoft provides
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`instructions that encourage end users to use at least Bing Maps, Bing Maps Preview, and the
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`Bing Search application in a manner covered by one or more claims of the ’343 patent, including
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`claim 13.
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`58.
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`On information and belief, Microsoft has knowledge of the ’343 patent and
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`knowledge that end users’ use of at least Bing Maps, Bing Maps Preview, and the Bing Search
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`application infringes the ’343 patent. On information and belief, Microsoft intends for end users
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`to use at least Bing Maps, Bing Maps Preview, and the Bing Search application in a manner that
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`directly infringes the ’343 patent.
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`59.
`
`On information and belief, as of the date of the Complaint (D.I. 1), Microsoft had
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`and has knowledge that the induced acts of end users of at least Bing Maps, Bing Maps Preview,
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`and the Bing Search application constitute infringement of the ’343 patent.
`
`60. Microsoft has, and continues to, commit acts of patent infringement of at least
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`claim 13 of the ’343 patent under 35 U.S.C. § 271(f). Microsoft has, and continues to, supply all
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`and/or a substantial portion of the components of the invention of at least claim 13 of the ’343
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`patent in or from the United States, in such a manner as to actively induce the combination of
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`such components outside of the United States in a manner that would infringe the patent if such
`
`combination occurred within the United States.
`
`61.
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`Further, Microsoft has, and continues to, supply one or more components of the
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`invention of at least claim 13 of the ’343 patent that are especially adapted for use in the
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`invention and are not a staple article of commerce suitable for substantial noninfringing use,
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`knowing that such components are so adapted and intending that such components will be
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`Microsoft Corp. Exhibit 1011
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`Case 1:15-cv-00031-RGA Document 63 Filed 03/14/16 Page 17 of 112 PageID #: 1080
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`
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`combined outside of the United States in a manner that would infringe at least claim 13 of
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`the ’343 patent if such combination occurred within the United States.
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`62.
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`For example, on information and belief, Microsoft supplies Microsoft hardware
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`and/or servers in or from the United States, including as part of the Microsoft Edge Caching
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`Program, that are especially adapted to, for example, deliver Bing Maps tiles to at least
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`Microsoft’s Bing Search application when the application is resident on a computer device such
`
`as a smartphone. When configured to provide mapping products or services, such as by
`
`providing Bing Maps tiles, the Microsoft hardware is not a staple article of commerce suitable
`
`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 infringe at 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
`
`Windows Store, at least the Bing Maps Preview application, which is especially adapted to,
`
`among other things, retrieve Bing Maps tiles. Microsoft supplies the Bing Maps Preview
`
`application knowing that 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.
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`As of the date of the Complaint (D.I. 1), Microsoft is contributing to direct
`
`infringement of at least claim 13 of the ’343 patent under 35 U.S.C. § 271(c).
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`Microsoft Corp. Exhibit 1011
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`Case 1:15-cv-00031-RGA Document 63 Filed 03/14/16 Page 18 of 112 PageID #: 1081
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`
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`65.
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`Bing Maps and Bing Maps Preview, 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
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`of Bing Maps map tiles. See, Paragraph 34, above.
`
`66. Microsoft mapping products and services, such as Bing Maps and Bing Maps
`
`Preview, are not staple articles of commerce with substantial non-infringing uses.
`
`67. When an