Exhibit 2001
`Exhibit 2001
`
`

`

`
`
`Case 3:15-cv-02156-M Document 18-1 Filed 11/10/15 Page 2 of 12 PageID 433Case 3:15-cv-02156-M Document 21 Filed 11/12/15 Page 1 of 11 PageID 449
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF TEXAS
`DALLAS DIVISION
`
`
`
`
`Civil Action No. 3:15-cv-02156-M
`
`
`
`JURY TRIAL DEMANDED
`
`CONVERGENT MEDIA SOLUTIONS
`LLC,
`
` Plaintiff,
`
`v.
`
`
`AT&T, INC. and AT&T SERVICES,
`INC.,
`
` Defendants.
`
`
`
`
`
`
`
`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`
`Plaintiff Convergent Media Solutions LLC (“Convergent” or “Plaintiff”) files this First
`
`Amended Complaint against AT&T, Inc. and AT&T Services, Inc. (“Defendants”) for
`
`infringement of U.S. Patent No. 8,850,507 (“the ’507 patent”), U.S. Patent No. 8,914,840 (“the
`
`’840 patent”), and U.S. Patent No. 8,640,183 (“the ’183 patent”).
`
`THE PARTIES
`
`1.
`
`Convergent is a limited liability company organized and existing under the laws
`
`of the State of New York, having a principal place of business in Dallas, Texas.
`
`2.
`
`Defendant AT&T, Inc. is a Delaware corporation, having a principal place of
`
`business in Dallas, Texas. This Defendant has been served with process and has appeared.
`
`3.
`
`Defendant AT&T Services, Inc. is a Delaware corporation, having a principal
`
`place of business in Dallas, Texas. Counsel for Defendant AT&T Services, Inc., who are also
`
`counsel for Defendant AT&T, Inc., have agreed to accept service of the First Amended Original
`
`Complaint for Patent Infringement via the Court’s CM/ECF system.
`
`
`
`1
`
`

`

`
`
`Case 3:15-cv-02156-M Document 18-1 Filed 11/10/15 Page 3 of 12 PageID 434Case 3:15-cv-02156-M Document 21 Filed 11/12/15 Page 2 of 11 PageID 450
`
`JURISDICTION AND VENUE
`
`4.
`
`Convergent brings this action for patent infringement under the patent laws of the
`
`United States, namely 35 U.S.C. §§ 271, 281, and 284-285, among others.
`
`5.
`
`This Court has subject matter jurisdiction over the claims in this action pursuant
`
`to 28 U.S.C. §§ 1331 and 1338(a).
`
`6.
`
`Venue is proper in this judicial district pursuant to 28 U.S.C. §§ 1391(b) and (c),
`
`and 1400(b). On information and belief, Defendants are deemed to reside in this judicial district,
`
`have committed acts of infringement in this judicial district, have purposely transacted business
`
`in this judicial district, and/or have regular and established places of business in this judicial
`
`district.
`
`7.
`
`Defendants are subject to this Court’s specific and general personal jurisdiction
`
`pursuant to due process and/or the Texas Long Arm Statute, due at least to their substantial and
`
`pervasive business in this State and judicial district, including: (A) at least part of their infringing
`
`activities alleged herein; and (B) regularly doing or soliciting business and, accordingly, deriving
`
`substantial revenue from goods and services provided to Texas residents.
`
`8.
`
`More specifically, Defendants’ substantial contacts with the forum include, but
`
`are not limited to, marketing, sale, distribution, and use of services and applications (e.g., the
`
`AT&T U-Verse applications) to consumers in the Northern District of Texas and/or the provision
`
`of technical and customer support for such services and applications.
`
`COUNT I
`
`(INFRINGEMENT OF U.S. PATENT NO. 8,850,507)
`
`9.
`
`Convergent incorporates paragraphs 1 through 8 herein by reference.
`
`
`
`2
`
`

`

`
`
`Case 3:15-cv-02156-M Document 18-1 Filed 11/10/15 Page 4 of 12 PageID 435Case 3:15-cv-02156-M Document 21 Filed 11/12/15 Page 3 of 11 PageID 451
`
`10.
`
`Convergent is the assignee of the ’507 patent, entitled “Method and Apparatus for
`
`Browsing Using Alternative Linkbases,” with ownership of all substantial rights in the ’507
`
`patent, including the right exclude others and to enforce, sue and recover damages for past and
`
`future infringement. A true and correct copy of the ’507 patent is attached as Exhibit B-1 to
`
`Exhibit 1.
`
`11.
`
`The ’507 patent is valid, enforceable, and was duly issued in full compliance with
`
`Title 35 of the United States Code.
`
`12.
`
`Defendants have infringed, and continue to infringe, claims of the ’507 patent by
`
`importing, making, using, selling, and/or offering for sale or use products and/or services that
`
`embody the claimed inventions, including (for example) at least claims 1, 3, 12, and 14 by
`
`importing, making, using, selling and/or offering for sale, in the United States, products and/or
`
`services (e.g., the AT&T U-Verse applications) that enable control of video playback on a first
`
`device (e.g., smart television, television coupled to a media streaming device) by a second device
`
`(e.g., smartphone, tablet).
`
`13.
`
`Defendants have been, and now are, inducing direct infringement of claims of the
`
`’507 patent, including (for example) at least claims 1, 3, 12, and 14, by consumers of
`
`Defendants’ products and services (e.g., the AT&T U-Verse applications) that are distributed or
`
`otherwise provided by Defendants to such consumers, which products and services enable a
`
`consumer to control video playback of content on a first device (e.g., smart television, television
`
`coupled to a media streaming device) using a second device (e.g., smartphone, tablet).
`
`14.
`
`Defendants have been aware of the ’507 patent since (at least) May 2015 based on
`
`a May 19, 2015 letter (the “May 19 Letter”), attached hereto as Exhibit 1 and incorporated herein
`
`by reference, that Convergent sent Defendants, which invited Defendants to enter into licensing
`
`
`
`3
`
`

`

`
`
`Case 3:15-cv-02156-M Document 18-1 Filed 11/10/15 Page 5 of 12 PageID 436Case 3:15-cv-02156-M Document 21 Filed 11/12/15 Page 4 of 11 PageID 452
`
`discussions. The May 19 Letter identified the ’507 patent as relevant to Defendants’ systems and
`
`services and included a copy of the ’507 patent.
`
`15.
`
`Defendants have knowledge that consumer use of their products and services
`
`(e.g., the AT&T U-Verse applications) that enable a consumer to control video playback of
`
`content on a first device (e.g., smart television, television coupled to a media streaming device)
`
`using a second device (e.g., smartphone, tablet) infringes claims of the ’507 patent based at least
`
`on Convergent’s May 19 Letter, which identifies how the ’507 patent is infringed through the use
`
`of Defendants’ products and services.
`
`16.
`
`Despite having knowledge that consumer use of their products and services (e.g.,
`
`the AT&T U-Verse applications) that enable a consumer to control video playback of content on
`
`a first device (e.g., smart television, television coupled to a media streaming device) using a
`
`second device (e.g., smartphone, tablet) infringes claims of the ’507 patent, based at least on the
`
`May 19 Letter, Defendants have specifically intended for consumers to acquire and use such
`
`products and services in a manner that infringes the ’507 patent, including at least claims 1, 3,
`
`12, and 14, and Defendants knew or should have known that their actions were inducing
`
`infringement. Since Convergent sent the May 19 Letter, Defendants have continued to distribute
`
`or otherwise provide materials that provide consumers with instructions for using their products
`
`and services (e.g., the AT&T U-Verse applications) to control video playback of content on a
`
`first device (e.g., smart television, television coupled to a media streaming device) using a
`
`second device (e.g., smartphone, tablet), thereby encouraging consumers to use such products
`
`and services in a manner that infringes claims of the ’507 patent. See, e.g., AT&T U-verse App
`
`iOS
`
`FAQs,
`
`available
`
`at
`
`http://www.att.com/media/att/2015/support/pdf/U-
`
`verse+App+for+iOS+4+0+3+user+guide.pdf; Introduction to U-verse Easy Remote, available at
`
`
`
`4
`
`

`

`
`
`Case 3:15-cv-02156-M Document 18-1 Filed 11/10/15 Page 6 of 12 PageID 437Case 3:15-cv-02156-M Document 21 Filed 11/12/15 Page 5 of 11 PageID 453
`
`http://www.att.com/support_media/images/pdf/uverse/tutorial_documentation_09272012.pdf.
`
`Defendants continue to advertise, distribute, or otherwise provide these products and services to
`
`consumers. Defendants’ conduct amounts to active inducement of infringement of the ’507
`
`patent in violation of 35 U.S.C. § 271(b).
`
`17.
`
`Convergent has been damaged as a result of Defendants’ infringing conduct
`
`described in this Count I. Defendants are, thus, liable to Convergent in an amount that
`
`adequately compensates it for their infringements, which, by law, cannot be less than a
`
`reasonable royalty, together with interest and costs as fixed by this Court under 35 U.S.C. § 284.
`
`COUNT II
`
`(INFRINGEMENT OF U.S. PATENT NO. 8,914,840)
`
`Convergent incorporates paragraphs 1 through 17 herein by reference.
`
`Convergent is the assignee of the ’840 patent, entitled “Method and Apparatus for
`
`18.
`
`19.
`
`Browsing Using Alternative Linkbases,” with ownership of all substantial rights in the ’840
`
`patent, including the right exclude others and to enforce, sue and recover damages for past and
`
`future infringement. A true and correct copy of the ’840 patent is attached as Exhibit C-1 to
`
`Exhibit 1.
`
`20.
`
`The ’840 patent is valid, enforceable, and was duly issued in full compliance with
`
`Title 35 of the United States Code.
`
`21.
`
`Defendants have infringed, and continue to infringe, claims of the ’840 patent by
`
`importing, making, using, selling, and/or offering for sale or use products and/or services that
`
`embody the claimed inventions, including (for example) at least claim 1 by importing, making,
`
`using, selling and/or offering for sale, in the United States, products and/or services (e.g., the
`
`AT&T U-Verse applications) that enable control of video playback on a first device (e.g., smart
`
`
`
`5
`
`

`

`
`
`Case 3:15-cv-02156-M Document 18-1 Filed 11/10/15 Page 7 of 12 PageID 438Case 3:15-cv-02156-M Document 21 Filed 11/12/15 Page 6 of 11 PageID 454
`
`television, television coupled to a media streaming device) by a second device (e.g., smartphone,
`
`tablet).
`
`22.
`
`Defendants have been, and now are, inducing direct infringement of claims of the
`
`’840 patent, including (for example) at least claim 1, by consumers of Defendants’ products and
`
`services (e.g., the AT&T U-Verse applications) that are distributed or otherwise provided by
`
`Defendants to such consumers, which products and services enable a consumer to control video
`
`playback of content on a first device (e.g., smart television, television coupled to a media
`
`streaming device) using a second device (e.g., smartphone, tablet).
`
`23.
`
`Defendants have been aware of the ’840 patent since (at least) May 2015 based on
`
`the May 19 Letter Convergent sent Defendants. The May 19 Letter identified the ’840 patent as
`
`relevant to Defendants’ systems and services and included a copy of the ’840 patent.
`
`24.
`
`Defendants have knowledge that consumer use of their products and services
`
`(e.g., the AT&T U-Verse applications) that enable a consumer to control video playback of
`
`content on a first device (e.g., smart television, television coupled to a media streaming device)
`
`using a second device (e.g., smartphone, tablet) infringes claims of the ’840 patent based at least
`
`on Convergent’s May 19 Letter, which identifies how the ’840 patent is infringed through the use
`
`of Defendants’ products and services.
`
`25.
`
`Despite having knowledge that consumer use of their products and services (e.g.,
`
`the AT&T U-Verse applications) that enable a consumer to control video playback of content on
`
`a first device (e.g., smart television, television coupled to a media streaming device) using a
`
`second device (e.g., smartphone, tablet) infringes claims of the ’840 patent based at least on the
`
`May 19 Letter, Defendants have specifically intended for consumers to acquire and use such
`
`products and services in a manner that infringes the ’840 patent, including at least claim 1, and
`
`
`
`6
`
`

`

`
`
`Case 3:15-cv-02156-M Document 18-1 Filed 11/10/15 Page 8 of 12 PageID 439Case 3:15-cv-02156-M Document 21 Filed 11/12/15 Page 7 of 11 PageID 455
`
`Defendants knew or should have known that their actions were inducing infringement. Since
`
`Convergent sent the May 19 Letter, Defendants have continued to distribute or otherwise provide
`
`materials that provide consumers with instructions for using their products and services (e.g., the
`
`AT&T U-Verse applications) to control video playback of content on a first device (e.g., smart
`
`television, television coupled to a media streaming device) using a second device (e.g.,
`
`smartphone, tablet), thereby encouraging consumers to use such products and services in a
`
`manner that infringes claims of the ’840 patent. See, e.g., AT&T U-verse App iOS FAQs,
`
`available
`
`at
`
`http://www.att.com/media/att/2015/support/pdf/U-
`
`verse+App+for+iOS+4+0+3+user+guide.pdf; Introduction to U-verse Easy Remote, available at
`
`http://www.att.com/support_media/images/pdf/uverse/tutorial_documentation_09272012.pdf.
`
`Defendants continue to advertise, distribute, or otherwise provide these products and services to
`
`consumers. Defendants’ conduct amounts to active inducement of infringement of the ’840
`
`patent in violation of 35 U.S.C. § 271(b).
`
`26.
`
`Convergent has been damaged as a result of Defendants’ infringing conduct
`
`described in this Count II. Defendants are, thus, liable to Convergent in an amount that
`
`adequately compensates it for their infringements, which, by law, cannot be less than a
`
`reasonable royalty, together with interest and costs as fixed by this Court under 35 U.S.C. § 284.
`
`COUNT III
`
`(INFRINGEMENT OF U.S. PATENT NO. 8,640,183)
`
`Convergent incorporates paragraphs 1 through 26 herein by reference.
`
`Convergent is the assignee of the ’183 patent, entitled “Method and Apparatus for
`
`27.
`
`28.
`
`Browsing Using Alternative Linkbases,” with ownership of all substantial rights in the ’183
`
`patent, including the right exclude others and to enforce, sue and recover damages for past and
`
`
`
`7
`
`

`

`
`
`Case 3:15-cv-02156-M Document 18-1 Filed 11/10/15 Page 9 of 12 PageID 440Case 3:15-cv-02156-M Document 21 Filed 11/12/15 Page 8 of 11 PageID 456
`
`future infringement. A true and correct copy of the ’183 patent is attached as Exhibit D-1 to
`
`Exhibit 1.
`
`29.
`
`The ’183 patent is valid, enforceable, and was duly issued in full compliance with
`
`Title 35 of the United States Code.
`
`30.
`
`Defendants have infringed, and continue to infringe, claims of the ’183 patent by
`
`importing, making, using, selling, and/or offering for sale or use products and/or services that
`
`embody the claimed inventions, including (for example) at least claim 1 by importing, making,
`
`using, selling and/or offering for sale, in the United States, products and/or services (e.g., the
`
`AT&T U-Verse applications) that enable control of video playback on a first device (e.g., smart
`
`television, television coupled to a media streaming device) by a second device (e.g., smartphone,
`
`tablet).
`
`31.
`
`Defendants have been, and now are, inducing direct infringement of claims of the
`
`’183 patent, including (for example) at least claim 1, by consumers of Defendants’ products and
`
`services (e.g., the AT&T U-Verse applications) that are distributed or otherwise provided by
`
`Defendants to such consumers, which products and services enable a consumer to control video
`
`playback of content on a first device (e.g., smart television, television coupled to a media
`
`streaming device) using a second device (e.g., smartphone, tablet).
`
`32.
`
`Defendants have been aware of the ’183 patent since (at least) May 2015 based on
`
`the May 19 Letter Convergent sent Defendants. The May 19 Letter identified the ’183 patent as
`
`relevant to Defendants’ systems and services and included a copy of the ’183 patent.
`
`33.
`
`Defendants have knowledge that consumer use of their products and services
`
`(e.g., the AT&T U-Verse applications) that enable a consumer to control video playback of
`
`content on a first device (e.g., smart television, television coupled to a media streaming device)
`
`
`
`8
`
`

`

`
`
`Case 3:15-cv-02156-M Document 18-1 Filed 11/10/15 Page 10 of 12 PageID 441Case 3:15-cv-02156-M Document 21 Filed 11/12/15 Page 9 of 11 PageID 457
`
`using a second device (e.g., smartphone, tablet) infringes claims of the ’183 patent based at least
`
`on Convergent’s May 19 Letter, which identifies how the ’183 patent is infringed through the use
`
`of Defendants’ products and services.
`
`34.
`
`Despite having knowledge that consumer use of their products and services (e.g.,
`
`the AT&T U-Verse applications) that enable a consumer to control video playback of content on
`
`a first device (e.g., smart television, television coupled to a media streaming device) using a
`
`second device (e.g., smartphone, tablet) infringes claims of the ’183 patent based at least on the
`
`May 19 Letter, Defendants have specifically intended for consumers to acquire and use such
`
`products and services in a manner that infringes the ’183 patent, including at least claim 1, and
`
`Defendants knew or should have known that their actions were inducing infringement. Since
`
`Convergent sent the May 19 Letter, Defendants have continued to distribute or otherwise provide
`
`materials that provide consumers with instructions for using their products and services (e.g., the
`
`AT&T U-Verse applications) to control video playback of content on a first device (e.g., smart
`
`television, television coupled to a media streaming device) using a second device (e.g.,
`
`smartphone, tablet), thereby encouraging consumers to use such products and services in a
`
`manner that infringes claims of the ’183 patent. See, e.g., AT&T U-verse App iOS FAQs,
`
`available
`
`at
`
`http://www.att.com/media/att/2015/support/pdf/U-
`
`verse+App+for+iOS+4+0+3+user+guide.pdf; Introduction to U-verse Easy Remote, available at
`
`http://www.att.com/support_media/images/pdf/uverse/tutorial_documentation_09272012.pdf.
`
`Defendants continue to advertise, distribute, or otherwise provide these products and services to
`
`consumers. Defendants’ conduct amounts to active inducement of infringement of the ’183
`
`patent in violation of 35 U.S.C. § 271(b).
`
`
`
`9
`
`

`

`
`
`Case 3:15-cv-02156-M Document 18-1 Filed 11/10/15 Page 11 of 12 PageID 442Case 3:15-cv-02156-M Document 21 Filed 11/12/15 Page 10 of 11 PageID 458
`
`35.
`
`Convergent has been damaged as a result of Defendants’ infringing conduct
`
`described in this Count III. Defendants are, thus, liable to Convergent in an amount that
`
`adequately compensates it for their infringements, which, by law, cannot be less than a
`
`reasonable royalty, together with interest and costs as fixed by this Court under 35 U.S.C. § 284.
`
`JURY DEMAND
`
`Convergent hereby requests a trial by jury pursuant to Rule 38 of the Federal Rules of
`
`Civil Procedure.
`
`PRAYER FOR RELIEF
`
`
`
`Convergent requests that the Court find in its favor and against Defendants, and that the
`
`Court grant Convergent the following relief:
`
`a.
`
`b.
`
`c.
`
`d.
`
`e.
`
`Judgment that one or more claims of the ’507, ’840, and ’183 patents have been
`infringed, either literally and/or under the doctrine of equivalents, by Defendants;
`
`Judgment that Defendants account for and pay to Convergent all damages to and
`costs incurred by Convergent because of Defendants’ infringing activities and
`other conduct complained of herein;
`
`Judgment that Defendants account for and pay to Convergent a reasonable, on-
`going, post-judgment royalty because of Defendants’ infringing activities and
`other conduct complained of herein;
`
`That Convergent be granted pre-judgment and post-judgment interest on the
`damages caused by Defendants’
`infringing activities and other conduct
`complained of herein; and
`
`That Convergent be granted such other and further relief as the Court may deem
`just and proper under the circumstances.
`
`10
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`
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`

`
`
`Case 3:15-cv-02156-M Document 18-1 Filed 11/10/15 Page 12 of 12 PageID 443Case 3:15-cv-02156-M Document 21 Filed 11/12/15 Page 11 of 11 PageID 459
`
`Dated: November 10, 2015
`
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`
`
`Respectfully submitted,
`
`/s/ Brent N. Bumgardner
`Brent N. Bumgardner
`Texas State Bar No. 00795272
`Attorney-in-Charge
`Ryan P. Griffin
`Texas State Bar No. 24053687
`Anthony Vecchione
`Texas State Bar No. 24061270
`John Murphy
`Texas State Bar No. 24056024
`NELSON BUMGARDNER, P.C.
`3131 West 7th Street, Suite 300
`Fort Worth, Texas 76107
`Tele: (817) 377-9111
`Fax: (817) 377-3485
`brent@nelbum.com
`ryan@nelbum.com
`anthony@nelbum.com
`murphy@nelbum.com
`
`Attorneys for Plaintiff
`Convergent Media Solutions LLC
`
`
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that on the 10th day of November, 2015, I caused the foregoing
`
`document to be served on counsel of record via the Court’s CM/ECF system.
`
`
`
`
`
`
`
`
`
`
`
`
`
`/s/ Brent N. Bumgardner
`
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`11
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`