Case 1:16-cv-06379-JGK Document 1 Filed 06/30/16 Page 1 of 8
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`UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF ILLINOIS
`
`Global Interactive Media, Inc.,
`
`Plaintiff,
`
`v.
`
`Sirius XM Holdings Inc.,
`
`Defendant.
`
`Case No.
`
`Complaint for Patent Infringement
`
`JURY TRIAL DEMANDED
`
`Plaintiff Global Interactive Media, Inc. (“GIM”) brings this patent-infringement
`
`action against Sirius XM Holdings Inc. (“Sirius”).
`
`Parties
`
`GIM is a Belizian company based in Belize.
`
`Sirius is a corporation organized under the laws of Delaware, with a place
`
`1.
`
`2.
`
`of business located in New York City, New York.
`
`Jurisdiction and Venue
`
`3.
`
`This action arises under the patent laws of the United States, 35 U.S.C. §§
`
`101 et seq.
`
`4.
`
`This Court has subject matter jurisdiction over this action under 28 U.S.C.
`
`§§ 1331 and 1338(a).
`
`5.
`
`This Court may exercise personal jurisdiction over Sirius. Sirius conducts
`
`continuous and systematic business in this District. Sirius maintains corporate offices in
`
`this District, and this patent-infringement case arises directly from Sirius’ continuous and
`
`systematic activity in this District. In short, this Court’s exercise of jurisdiction over
`
`Fraunhofer Ex 2026-1
`Sirius XM v Fraunhofer, IPR2018-00689
`
`
`
`UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF ILLINOIS
`
`Global Interactive Media, Inc.,
`
`Plaintiff,
`
`v.
`
`Sirius XM Holdings Inc.,
`
`Defendant.
`
`Case No.
`
`Complaint for Patent Infringement
`
`JURY TRIAL DEMANDED
`
`Plaintiff Global Interactive Media, Inc. (“GIM”) brings this patent-infringement
`
`action against Sirius XM Holdings Inc. (“Sirius”).
`
`Parties
`
`GIM is a Belizian company based in Belize.
`
`Sirius is a corporation organized under the laws of Delaware, with a place
`
`1.
`
`2.
`
`of business located in New York City, New York.
`
`Jurisdiction and Venue
`
`3.
`
`This action arises under the patent laws of the United States, 35 U.S.C. §§
`
`101 et seq.
`
`4.
`
`This Court has subject matter jurisdiction over this action under 28 U.S.C.
`
`§§ 1331 and 1338(a).
`
`5.
`
`This Court may exercise personal jurisdiction over Sirius. Sirius conducts
`
`continuous and systematic business in this District. Sirius maintains corporate offices in
`
`this District, and this patent-infringement case arises directly from Sirius’ continuous and
`
`systematic activity in this District. In short, this Court’s exercise of jurisdiction over
`
`Fraunhofer Ex 2026-1
`Sirius XM v Fraunhofer, IPR2018-00689
`
`
`
`Case 1:16-cv-06379-JGK Document 1 Filed 06/30/16 Page 2 of 8
`
`Sirius would be consistent with the Illinois long-arm statute and traditional notions of fair
`
`play and substantial justice.
`
`6.
`
`Venue is proper in this District pursuant to 28 U.S.C. §§ 1391(b)(2) and
`
`1400(b).
`
`Count 1 – Infringement of U.S. Patent No. 8,032,907
`
`7.
`
`GIM owns United States Patent 8,032,907 (the “‘907 patent”) (attached as
`
`Exhibit A).
`
`8.
`
`Sirius is infringing at least one of the 90 methods and systems claimed in
`
`the ‘907 patent.
`
`9.
`
`For example, and for illustration of one of the 90 claims of the ‘907 patent
`
`that GIM alleges Sirius infringes, Sirius’ Program Scheduler service infringes claim 1 of
`
`the ‘907 patent as follows:
`
`a.
`
`Claim 1 is for a “computer implemented information system to
`
`present program description information for one or more broadcast programs[.]”
`
`(Ex. A, 17:46-49.) Sirius’ Program Scheduler service is a system that provides
`
`descriptions of broadcast programs to which a user is currently listening. For
`
`example, a user listening to the radio program La Gozadera at 3:00 p.m. on
`
`channel 158 may use the system to find out that “The untouchable DJ Kito mixes
`
`you some salsa gorda (classic salsa), merengue classico and a touch of the hottest
`
`bachata, pop and reggaeton music out right now.”
`
`b.
`
`The system of claim 1 includes “a processing system for execution
`
`by a computer; a user interface coupled to said processing system, said user
`
`interface providing means for receiving one or more user inquiries regarding one
`
`
`
`
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` -2-
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`Fraunhofer Ex 2026-2
`Sirius XM v Fraunhofer, IPR2018-00689
`
`
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`Case 1:16-cv-06379-JGK Document 1 Filed 06/30/16 Page 3 of 8
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`or more broadcast programs[.]” (Ex. A, 17:50-54.) Sirius’ Program Scheduler is a
`
`system
`
`including
`
`a
`
`database
`
`and
`
`a
`
`user
`
`interface
`
`located
`
`at
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`http://www.siriusxm.com/programschedules.
`
`c.
`
`The system of claim 1 includes “a database coupled to said
`
`processing system; an input means coupled to said processing system, for
`
`inputting program description information of one or more broadcast programs to
`
`be broadcast in the future; and a program description transmission means coupled
`
`to said processing system and to said user interface[.]” (Ex. A, 17:55-61.) Sirius’s
`
`system includes a database for storing inputted program descriptions and a means
`
`for transmitting those descriptions in response to a user inquiry.
`
`d.
`
`The processing system of claim 1
`
`includes “means
`
`for
`
`synchronizing said inputted program description information with one or more
`
`broadcast programs of a broadcast transmission[.]” (Ex. A, 17:63-65.) Sirius
`
`synchronizes program descriptions so that a user of the Program Scheduler
`
`service will be presented with descriptions of currently-broadcasted programs.
`
`e.
`
`The processing system includes “means for responding to a user
`
`inquiry placed through said user interface; and means for further responding to
`
`said user inquiry by causing said program description transmission means to
`
`transmit program description information responsive to said user inquiry.” (Ex. A,
`
`17:66-18:4.) When a user wants to know a description of the program she is
`
`currently to at 3:00 p.m., for example, the program La Gozadera on the radio
`
`station Caliente, Ch. 158, she can use the Program Scheduler service and place an
`
`inquiry by selecting that station. In response to the inquiry, Sirius responds with
`
` -3-
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`Fraunhofer Ex 2026-3
`Sirius XM v Fraunhofer, IPR2018-00689
`
`
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`Case 1:16-cv-06379-JGK Document 1 Filed 06/30/16 Page 4 of 8
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`the program description: “The untouchable DJ Kito mixes you some salsa gorda
`
`(classic salsa), merengue classico and a touch of the hottest bachata, pop and
`
`reggaeton music out right now.”
`
`Count 2 – Infringement of U.S. Patent No. 6,314,577
`
`10. GIM owns United States Patent 6,314,577 (the “‘577 patent”) (attached as
`
`Exhibit B).
`
`11. Sirius is infringing at least one of the 130 methods and systems claimed in
`
`the ‘577 patent.
`
`12. For example, and for illustration of one of the 130 claims of the ‘577
`
`patent that GIM alleges Sirius infringes, Sirius’ Program Scheduler service infringes
`
`claim 94 of the ‘577 patent as follows:
`
`a.
`
`Claim 94 is a “method for providing listeners or viewers of a radio
`
`or television broadcast with automated information about program material,
`
`comprising the steps of: broadcasting at least one radio or television broadcast . . .
`
`.” (Ex. B, 23:14-18.) Sirius’ Program Scheduler service provides descriptions of
`
`broadcast programs to which a user is currently listening. For example, a user
`
`listening to the Sirius broadcast program La Gozadera at 3:00 p.m. on channel
`
`158 may use the system to obtain a description of that program.
`
`b.
`
`Claim 94 involves “receiving user inquiries from a listener or
`
`viewer of said radio or television broadcast . . . .” (Ex. B, 19-20.) In order for this
`
`user to obtain the program description, she submits an inquiry to Sirius
`
`identifying La Gozadera on channel 158 at 3:00 p.m. as the program for which
`
`she would like a description.
`
`
`
`
`
` -4-
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`Fraunhofer Ex 2026-4
`Sirius XM v Fraunhofer, IPR2018-00689
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`
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`Case 1:16-cv-06379-JGK Document 1 Filed 06/30/16 Page 5 of 8
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`c.
`
`Claim 94 involves “creating a program description file . . . .” (Ex.
`
`B, 23:21.) Prior to this user’s inquiry, Sirius created a file describing La
`
`Gozadera: “The untouchable DJ Kito mixes you some salsa gorda (classic salsa),
`
`merengue classico and a touch of the hottest bachata, pop and reggaeton music
`
`out right now.”
`
`d.
`
`The method of claim 94 involves “communicating program list
`
`information into a programmed data processor . . . .” (Ex. B, 23:23-24.) Sirius
`
`communicates program list information into a programmed data processor so that
`
`the Program Scheduler displays a list of scheduled programs.
`
`e.
`
`Claim 94 involves “correlating said program descriptions of
`
`program material with said program list information and generating information
`
`in a database responsive to only a broadcast identifier . . . .” (Ex. B, 23:24-27.)
`
`The description of La Gozadera is correlated to the list of scheduled programs so
`
`that the description is responsive to the identifier of Caliente, Ch. 158, La
`
`Gozadera.
`
`f.
`
`Claim 94 involves “using said programmed data processor to
`
`communicate said program description file responsive to said user inquiry.” (Ex.
`
`B, 23:28-30.) In response to the user’s inquiry regarding La Gozadera, Sirius’
`
`Program Scheduler service provides the description: “The untouchable DJ Kito
`
`mixes you some salsa gorda (classic salsa), merengue classico and a touch of the
`
`hottest bachata, pop and reggaeton music out right now.”
`
`
`
`
`
`
`
` -5-
`
`
`
`Fraunhofer Ex 2026-5
`Sirius XM v Fraunhofer, IPR2018-00689
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`
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`Case 1:16-cv-06379-JGK Document 1 Filed 06/30/16 Page 6 of 8
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`Count 3 – Infringement of U.S. Patent No. 7,574,721
`
`13.
`
`GIM owns United States Patent 7,574,721 (the “‘721 patent”) (attached as
`
`Exhibit C).
`
`14.
`
`Sirius is infringing at least one of the 35 methods and systems claimed in
`
`the ‘721 patent.
`
`15.
`
`For example, and for illustration of one of the 35 claims of the ‘721 patent
`
`that GIM alleges Sirius infringes, Sirius’ Program Scheduler service infringes claim 20 of
`
`the ‘721 patent as follows:
`
`a.
`
`Claim 1 is “A method for identifying at least one broadcast
`
`provider through a combination of a geographic identification code and a
`
`broadcast identifier[.]” (Ex. C, 17:44-46.) Sirius’ Program Scheduler service
`
`practices the method of claim 1 when it identifies broadcast providers of certain
`
`satellite radio programs available to a user based on the user’s time zone and in
`
`response to a “user related broadcast identifier,” e.g., the genre of program for
`
`which the user wants to identify a broadcast provider of programming. For
`
`example, in response to the user’s communication, Sirius identifies Elvis Radio,
`
`Ch. 19 as the broadcast provider of Elvis Radio with Big Jim Sykes at 2:00 p.m.
`
`EST.
`
`b.
`
`Claim 1 involves “digitally storing, in the database, one or more
`
`geographic identification codes that are each associated with at least one area or
`
`location in which a broadcast is receivable from at least one broadcast
`
`provider[.]” (Ex. C, 17:51-53.) Sirius’ Program Scheduler service digitally stores
`
`time zones in a database (e.g., EST), in which broadcast programming is
`
` -6-
`
`Fraunhofer Ex 2026-6
`Sirius XM v Fraunhofer, IPR2018-00689
`
`
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`Case 1:16-cv-06379-JGK Document 1 Filed 06/30/16 Page 7 of 8
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`receivable by a user.
`
`c.
`
`Claim 1 involves receiving at least one user related geographic
`
`identification code[.]” (Ex. C, 17:54-55.) Sirius’ Program Scheduler service
`
`receives a user related geographic identification code when the user selects her
`
`relevant time zone.
`
`d.
`
`Claim 1 involves “receiving at least one user related broadcast
`
`identifier[.]” (Ex. C, 17:56.) Sirius’ Program Scheduler service receives a user
`
`related broadcast identifier when the user selects “Rock” as the genre of
`
`programming for which she wants to identify a broadcast provider and when the
`
`user selects 2:00 p.m. as the time for when she wished to identify a broadcast
`
`provider.
`
`e.
`
`Claim 1 involves “determining, by a processor, a subset of data
`
`from the database using the received at least one user related geographic
`
`identification code[.]” (Ex. C, 17:60-62.) Sirius’ Program Scheduler service
`
`determines a subset of data comprising at least the broadcast identifier of Elvis
`
`Radio as being available to the user at 2:00 p.m. EST.
`
`f.
`
`Claim 1 involves “identifying, by the processor, at least one
`
`broadcast provider using at least both the subset of data and received at least one
`
`user related broadcast identifier[.]” (Ex. A, 18:1-3.) Using the subset of data and
`
`the user related broadcast identifier, Sirius’ Program Scheduler service identifies
`
`at least Elvis Radio, Ch. 19 as the broadcast provider of the rock-genre program
`
`Elvis Radio with Big Jim Sykes at 2:00 p.m. EST.
`
`
`
`
`
`
`
` -7-
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`Fraunhofer Ex 2026-7
`Sirius XM v Fraunhofer, IPR2018-00689
`
`
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`Case 1:16-cv-06379-JGK Document 1 Filed 06/30/16 Page 8 of 8
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`Prayer for Relief
`
`WHEREFORE, GIM prays for the following relief against Sirius:
`
`(a)
`
`Judgment that Sirius has directly infringed claims of the ‘907, ‘577, and
`
`(b)
`
`(c)
`
`‘721 patents;
`
`For a reasonable royalty;
`
`For pre-judgment interest and post-judgment interest at the maximum rate
`
`allowed by law; and
`
`(d)
`
`For such other and further relief as the Court may deem just and proper.
`
`Demand for Jury Trial
`
`GIM demands a trial by jury on all matters and issues triable by jury.
`
`Date: June 30, 2016
`
`Respectfully submitted,
`
`/s/ Matthew M. Wawrzyn
`Matthew M. Wawrzyn
`matt@wawrzynlaw.com
`Stephen C. Jarvis
`stephen@wawrzynlaw.com
`WAWRZYN & JARVIS LLC
`233 S. Wacker Drive, 84th Floor
`Chicago, IL 60606
`Phone: 312.283.8010
`Fax: 312.283.8331
`
`Counsel for Global Interactive Media, Inc.
`
` -8-
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`Fraunhofer Ex 2026-8
`Sirius XM v Fraunhofer, IPR2018-00689
`
`
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