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