Bradium Exhibit 2016
`Unified Patents Inc. v. Bradium Technologies LLC
`IPR2018-00952
`Page 1 of 26
`
`IN THE UNITED STATES DISTRICT COURT FOR THE
`DISTRICT OF DELAWARE
`BRADIUM TECHNOLOGIES LLC,
`Plaintiff.
`V.
`MICROSOFT CORPORATION,
`Defendant.
`Civil Action No.
`JURY TMAL DEMANDED
`COMPLAINT FOR PATENT INFmNGEMENT
`Plaintiff Bradium Technologies LLC ("Bradium") alleges as follows against defendant
`Microsoft Corporation ("Microsoft"):
`THE PARTIES
`1
`Bradium Technologies LLC is a Delaware Limited Liability Company (LLC)
`with a place of business at 75 Montebello Road, Suffem, New York 10901-3746.
`2.
`Microsoft Corporation is a Washington corporation with a place of business at
`One Microsoft Way, Redmond, WA, 98052-6399. Microsoft may be served via service upon
`Corporation Service Company, 2711 Centerville Rd., Suite 400, Wilmington, DE 19808.
`JURISDICTION AND VENUE
`3.
`This is an action for patent infidngement under the patent laws of the United
`States, Title 35 of the United States Code, arising from Microsoft's making, using, selling,
`putting into service, and/or offering for sale in the United States, and/or importing into the
`EXH BIT
`LY"
`Planet De S, LLC
`

`

`Bradium Exhibit 2016
`Unified Patents Inc. v. Bradium Technologies LLC
`IPR2018-00952
`Page 2 of 26
`
`United States, and/or supplying in or from the United States, various products, services, and
`components, including those related to Bing Maps, and/or inducing others to do the same, and/or
`contributing to others doing the same, and/or inducing or contributing to others combining such
`components in an infringing manner, during the term of U. S. Patent Nos. 7, 139, 794, 7, 908, 343
`and 8, 924, 506, and from the date Microsoft had notice of the application published as United
`States Patent Application Publication No. 2011/0175914. This Court has jurisdiction over the
`subject matter of this action pursuant to 28 U. S.C. §§1331 and 1338(a) because this action arises
`under the patent laws of the United States, including at least 35 U. S. C. §§ 154(d), 271(a), (b),
`(c), and (f).
`4.
`This Court has personal jurisdiction over Microsoft because, among other things,
`Microsoft has made, used, sold, and/or offered for sale Bing Maps products and services in the
`State of Delaware and within this District, and the causes of action alleged herein arise in part
`from such conduct, and because Microsoft regularly and systematically transacts business in this
`District at least through its store located at 137 Christiana Mali, Newark, DE 19702.
`5.
`Furthermore, Microsoft has purposefally availed itself of the benefits of doing
`business in the State of Delaware and in this Distiict by, among other things, the acts alleged in
`Paragraph 4 of this Complaint and the acts of filing numerous lawsuits in this District, including,
`for example, Microsoft Corp. v. Robocast Inc., C. A. 13-cv-313 (D. Del. Feb. 25, 2013), D.1.1
`(Microsoft complaint alleging patent infringement); Microsoft Corp., et al. v. GeoTag Inc., C. A.
`1 l-cv-175 (D Del. Mar. 1, 2011), D. I. 1 (Microsoft complaint seeking declaratory judgment of
`patent invalidity). Microsoft has not contested that this District is a proper venue and that it is
`subject to personal jurisdiction in this venue in past litigation. Interdigital Comm 'ns, et at. v.
`-2-
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`

`Bradium Exhibit 2016
`Unified Patents Inc. v. Bradium Technologies LLC
`IPR2018-00952
`Page 3 of 26
`
`Nokia Corp., et al., C. A. 13-cv-OlO (D Del. Mar 7, 2013), D. 1. 14 at ^ 8-9 (Microsoft answer,
`consenting to litigate patent infringement matter in the District of Delaware).
`6.
`The exercise of personal jurisdiction over Microsoft would not offend traditional
`notions affair play and substantial justice.
`7.
`Venue is proper in this District pursuant to 28 U. S. C. §§ 1391 and 1400 because
`Microsoft resides or is deemed to reside in this District, is subject to personal jurisdiction in this
`District, has committed acts of infringement in this District, has a regular and established place
`of business in this District, may be found in this District, and has one or more agents who reside
`in or may be found in this District.
`BACKGROUND
`8.
`This lawsuit asserts causes of action for infringement of United States Patent Nos.
`7, 139, 794 (the "'794 patent"), 7, 908, 343 (the '"343 patent") and 8, 924, 506 (the "'506 patent"),
`and of United States Patent Application Publication No. 2011/0175914 ("Publication No.
`2011/0175914") (collectively, the "Asserted Patents").
`9.
`Isaac Levanon and Yoni Lavi invented the technology claimed in the '794, '343
`and '506 patents and Publication No. 2011/0175914. A company, 3DVU, was created in order
`to commercialize this technology.
`10.
`3DVU met with Microsoft executives on multiple occasions in or around 2005.
`11. At these meetings, 3DVU discussed the possible acquisition by Microsoft of the
`technology invented by Messrs. Levanon and Lavi. In relation to these meetings, 3DVU
`-3-
`

`

`Bradium Exhibit 2016
`Unified Patents Inc. v. Bradium Technologies LLC
`IPR2018-00952
`Page 4 of 26
`
`disclosed to Microsoft executives the technology and the patent applications that ultimately led
`to the '794, '343 and '506 patents and Publication No. 2011/0175914.
`12.
`Instead of purchasing this technology, upon information and belief, Microsoft
`without consent or authorization began to incorporate the technology of the '794, '343 and '506
`patents and Publication No. 2011/0175914 into its products and services.
`13. Microsoft has prior knowledge of the '794, '343 and '506 patents. Microsoft's
`own patents and patent applications refer to the '794 and '343 patents. The '794 patent was cited
`during the prosecution of U. S. Patent No. 7, 664, 870 ("the '870 patent") on August 15, 2008.
`The '870 patent was assigned to Microsoft as of August 15, 2008. The '794 patent was also
`cited during the prosecution of U. S. Patent No. 8, 386, 560 (tlthe '560 patent") on September 8,
`2008. The '560 patent was assigned to Microsoft as of September 8, 2008. The '343 patent,
`and its Publication No. 2010/0064002, were cited in an International Search Report for
`International Application No. PCT/US2011/038008, for which Microsoft was the applicant, on
`December 28, 2011. Publication No. 2010/0064002 is listed on the face of U. S. Patent No.
`8, 446, 441 that issued from International Application No. PCT/US2011/038008.
`14.
`Bradium and its managing member and licensing agent General Patent
`Corporation wrote to Microsoft on May 27, 2014 and again on December 23, 2014, regarding the
`patent family that includes the '794, '343, and '506 patents, but, despite these invitations,
`Microsoft did not enter into licensing or business discussions with Bradium or General Patent
`Corporation. (Exhibit A. ) In both the May 27, 2014 and December 23, 2014 letters, Bradium
`and General Patent Corporation noted the '794 and '343 patents, and infonned Microsoft of
`Application No. 13/027, 929, which issued as the '506 patent on December 30, 2014, and which
`-4-
`

`

`Bradium Exhibit 2016
`Unified Patents Inc. v. Bradium Technologies LLC
`IPR2018-00952
`Page 5 of 26
`
`published as Publication No. 201 1/0175914 on Jiily 21, 2011. In the December 23, 2014 letter,
`Bradium and General Patent Corporation infonned Microsoft that Application No. 13/027, 929
`would be issuing as U. S. Patent No. 8, 924, 506 on December 30, 3014.
`15. Microsoft provides mapping products and services, including Bing Maps products
`and services, in the United States, including in the District of Delaware. Microsoft distributes at
`least its Bing Search and Bing Maps Preview applications in this District, and Microsoft makes
`Bing Maps available via the web in this District.
`16. On information and belief, at least Microsoft's currently-available mapping
`products and services, including Bing Maps products and services, use the patented technology
`of the '794, '343, and '506 patents and Publication No. 201 1/0175914.
`17.
`Bing Maps is a part of Microsoft's Online Services Division ("OSD"). The sale
`of search and display advertising accounts for nearly all ofOSD's revenue.
`18.
`Bing Maps generates revenue for Microsoft directly and/or indirectly through the
`sale of search and display advertising and/or licensing.
`19. OSD's online advertising revenue for fiscal year 20 13 was approximately $3 .0
`billion dollars.
`20. Microsoft has distributed, and continues to distribute, the Bing Maps Preview
`application via the Windows store, and the Bing Search application (which includes Bing Maps)
`via at least the Google Play Store, the iOS App Store, and the Windows Store, and Microsoft has
`made, for example, Bing Maps available via Microsoft web sites to users via at least smartphone
`web browsers.
`-5-
`

`

`Bradium Exhibit 2016
`Unified Patents Inc. v. Bradium Technologies LLC
`IPR2018-00952
`Page 6 of 26
`
`21. Microsoft advertises and promotes mapping products and services, mcluding Bing
`Maps and Bing Maps Preview. The Google Play Store indicates that the Bing Search application
`(which includes Bing Maps) is offered by Microsoft, and that the Bing Search application has
`been downloaded over one million times. The iOS App Store indicates that Microsoft is the
`seller of the Bing Search application. The Windows Store indicates that the Bing Maps Preview
`application is offered by Microsoft.
`22. Microsoft provides instructions for users of its mapping products and services,
`including Bing Maps and Bing Maps Preview, via, for example, Microsoft's website, via Bing
`Blogs, and via the Bing Search application description that is displayed, for example, on the iOS
`App Store. For example, the description for Bing Search that is displayed on the iOS App Store
`instructs users, under the "Maps" heading, to "[g]et walking, driving, and transit directions with
`current traffic conditions, " and to "[e]xplore shops, restaurants and other places with ratings,
`prices, and other detailed information. " As another example, Microsoft provides instructions for
`users of the Bing Maps Preview application for Windows 8. 1 in a September 10, 2014 Bing
`Blogs posting entitled "Get Around Town Faster with Bing Maps Preview App,"
`http://blogs. bing. com/search/2014/09/10/get-around-town-faster-with-bing-maps-preview-app/,
`and via a YouTube video entitled "Bing Maps Preview App, " that was posted by Microsoft's
`Bing Maps Team on December 5, 2013, http://www. youtube. com/watch?v=6X5a2Wj4URM.
`23.
`The Microsoft Bing Maps team makes some test data related to Bing Maps
`publicly available for Bing Maps. See Ricky Brundritt, Location Intelligence for Windows Store
`Apps 199 (2014), available at http://blogs. msdn. com/b/rbrundritt/archive/2014/03/04/firee-ebook-
`location-intelligence-for-windows-store-apps.aspx.
`-6-
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`

`Bradium Exhibit 2016
`Unified Patents Inc. v. Bradium Technologies LLC
`IPR2018-00952
`Page 7 of 26
`
`24. On information and belief, Microsoft also offers training on the use of at least the
`Bing Search application and Bing Maps, as part of the on-site training at one or more Microsoft
`Stores, including as part of the "Windows 8. 1: Fundamentals of The New Windows" course that
`are offered at the Microsoft Store in Newark, Delaware. The "event details" for this course
`indicate that the event includes instruction on apps. See Newark Event Calendar, Microsoft
`Store, http://www. microsoft. com/en-us/store/locations/de/newark/christiana-malVstore-
`16#events (last visited January 5, 2015).
`COUNT I
`INFRINGEMENT OF U. S. PATENT NO. 7, 139, 794
`25.
`The contents of Paragraphs 1 through 24 are incorporated by reference as if
`specifically set forth herein.
`26. On November 21, 2006, United States Letters Patent No. 7, 139,794 for "System
`and Methods for Network Image Delivery with Dynamic Viewing Fmstum Optimized for .
`Limited Bandwidth Communication Channels, " was duly and legally issued to Isaac Levanon
`and Yoni Lavi. A Certificate of Correction issued for the '794 patent on July 1, 2014. All rights
`and interest in the "794 patent have been assigned to Bradium. A true and correct copy of
`the '794 patent, including the Certificate of Correction, is attached hereto as Exhibit B.
`27. On information and belief, Microsoft has directly infiinged and continues to
`directly infiinge one or more claims of the '794 patent, including at least claim 2, as the claims
`are properly construed both prior to and after the issuance of the Certificate of Correction. On
`information and belief, the infringing acts include performing each step of claim 2 by or under
`the direction and control of Microsoft, including at least using one or more of: (i) Microsoft's
`Bing Search application for Android on a computer device such as a smartphone; (ii) Microsoft's
`-7-
`

`

`Bradium Exhibit 2016
`Unified Patents Inc. v. Bradium Technologies LLC
`IPR2018-00952
`Page 8 of 26
`
`Bing Search application for iOS on a computer device such as a smartphone; (iii) Microsoft's
`Bing Maps Preview application for Microsoft Windows on a computer device such as a
`smartphone; and/or (iv) Microsoft's Bing Maps web sites available via smartphone web browsers
`on a computer device such as a smartphone.
`28. For example, on infomiation and belief, Microsoft's Bing Search application for
`Android on a computer device such as a smartphone, detennines a viewpoint orientation with
`respect to a Bing Maps image displayed within a three-dimensional space, in response to user
`navigational commands when employing the "bird's eye" map style.
`29.
`Further, on information and belief, Microsoft's Bing Search application for
`Android on a computer device such as a smartphone, in combination with Microsoft servers,
`requests Bing Maps map tiles in a priority order to provide progressive resolution enhancement
`of the Bing Maps image.
`30. On information and belief, Bing Maps map tiles are image parcels that conespond
`to a region of the map image and that have an associated resolution. See, e. g., Joe Schwartz,
`Bing Maps Tile System, Microsoft Developer Network, http://msdn. microsoft. com/en-
`us/library/bb259689. aspx (last visited Oct. 31, 2014), which includes the following graphic that
`describes Bing Maps map tiles:
`-8-
`

`

`Bradium Exhibit 2016
`Unified Patents Inc. v. Bradium Technologies LLC
`IPR2018-00952
`Page 9 of 26
`
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`ci£tim2,
`-9-
`

`

`Bradium Exhibit 2016
`Unified Patents Inc. v. Bradium Technologies LLC
`IPR2018-00952
`Page 10 of 26
`
`35. On information and belief, end users have used, and continue to use, at least, Bing
`Search, Bing Maps Preview, and Bing Maps in an infringing manner, as the claims are properly
`construed both prior to and after the issuance of the Certificate of Correction.
`36. On infonnation and belief, Microsoft has been and is actively inducing and
`encouraging direct infringement by end users by offering users Bing Rewards for using
`Microsoft and/or Bing products and services, including the Bing Search application. Microsoft
`also provides instructions to encourage end users to use at least Bing Maps, Bing Maps Preview
`and the Bing Search application in a manner covered by one or more claims of the 794 patent,
`including claim 2, as the claims are properly constmed both prior to and after the issuance of the
`Certificate of Correction.
`37. On information and belief, Microsoft had (both prior to and after July 1, 2014)
`and has knowledge of the '794 patent and knowledge that end users' use of at least Bing Maps,
`Bing Maps Preview, and the Bing Search application infringes the '794 patent. On information
`and belief, Microsoft intends for end users to use at least Bing Maps, Bing Maps Preview, and
`the Bing Search application in a manner that directly infi-inges the '794 patent.
`38. On infonnation and belief, Microsoft had and has knowledge that the induced acts
`of end users of at least Bing Maps, the Bing Maps Preview application, and the Bing Search
`application constitute infringement of the '794 patent.
`39. Microsoft has contributed to, and continues to contribute to, direct infringement
`of at least claim 2 of the '794 patent under 35 U. S.C. § 271(c).
`-10-
`

`

`Bradium Exhibit 2016
`Unified Patents Inc. v. Bradium Technologies LLC
`IPR2018-00952
`Page 11 of 26
`
`40. 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 '794 patent, through, among other things, their use
`of map tiles. See, e. g., Joe Schwartz, Bing Maps Tile System, Microsoft Developer Network,
`http://msdn. microsoft. com/en-us/library/bb259689. aspx (last visited Oct. 31, 2014), which
`includes a graphic that describes Bing Maps map tiles. (See Paragraph 30.)
`41. Microsoft mapping products and services, including at least Bing Maps and Bing
`Maps Preview, are not staple articles of commerce with substantial non-infringing uses.
`42. When an end user uses Microsoft mappmg products and services such as Bing
`Maps and Bing Maps Preview in their intended manner, such user perfonns all of the steps of
`one or more claims of the '794 patent, including at least claim 2, as the claims are properly
`construed both prior to and after the issuance of the Certificate of Correction. Accordingly, at
`least Bing Maps and Bing Maps Preview are a material part of the invention claimed in the '794
`patent.
`43. Microsoft has infringed and continues to infringe despite an objectively high
`likelihood that its actions constitute infringement ofBradium's valid patent rights, as the claims
`are property constmed both prior to and after the issuance of the Certificate of Correction. On
`information and belief, Microsoft knew of or should have known of this objectively high risk at
`least as early as it commenced its infiingmg activities and/or it became aware of the '794 patent,
`as described above. Thus, Microsoft's infringement of the '794 patent has been and continues to
`be willful.
`-11-
`

`

`Bradium Exhibit 2016
`Unified Patents Inc. v. Bradium Technologies LLC
`IPR2018-00952
`Page 12 of 26
`
`44.
`The acts of direct and indirect infringement by Microsoft have caused, are
`causing, and will cause damage to Bradium. Bradium is entitled to recover such damages from
`Microsoft, in an amount subject to proof at trial.
`COUNT II
`INFRINGEMENT OF U.S. PATENT NO. 7,908343
`45.
`The contents of Paragraphs 1 through 44 are incorporated by reference as if
`specifically set forth herein.
`46. On March 15, 2011, United States Letters Patent No. 7, 908, 343 for "Optimized
`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. A tme and correct copy of the '343 patent is attached hereto as Exhibit C.
`47. On information and belief, Microsoft has directly infi-inged and continues to
`iniringe at least claims 1 and 13 of the '343 patent. The infringing acts include performing each
`step of claim 1 by or under the direction and control of Microsoft, including the performance of
`each step by, at least, using one or more of: (i) Microsoft's Bing Search application for Android
`on a computer device such as a smartphone in combination with Microsoft servers; (ii)
`Microsoft's Bing Search application for iOS on a computer device such as a smartphone in
`combination with Microsoft servers; (iii) Microsoft's Bing Maps Preview application for
`Microsoft Windows on a computer device such as a smartphone in combination with Microsoft
`servers; and/or (iv) Microsoft's Bing Maps web sites available via smartphone web browsers on
`a computer device such as a smartphone in combination with Microsoft servers.
`-12-
`

`

`Bradium Exhibit 2016
`Unified Patents Inc. v. Bradium Technologies LLC
`IPR2018-00952
`Page 13 of 26
`
`48.
`The infringing acts further include at least making, using, putting into service,
`selling, offering for sale, and/or importing, systems that are covered by one or more claims of
`the '343 patent, including claim 13, for example, at least (i) Microsoft's Bing Search application
`for Android on a computer device such as a smartphone in combination with Microsoft servers;
`(ti) Microsoft's Bing Search application for iOS on a computer device such as a smartphone in
`combination with Microsoft servers; (iii) Microsoft's Bing Maps Preview application for
`Windows on a computer device such as a smartphone in combination with Microsoft servers; and
`(iv) Microsoft's Bing Maps web sites available via at least smartphone web browsers on a
`computer device such as a smartphone in combination with Microsoft servers.
`49.
`For example, on infonnation and belief, the Bing Search application, operating on
`an Android device, requests, receives, and displays Bing Maps map tiles based on a user's image
`viewpoint. Further, on information and belief, Microsoft servers process Bing Maps map tiles in
`an infringing manner.
`50. Microsoft is therefore liable for direct infringement of the '343 patent pursuant to
`35 U. S. C. § 271(a).
`51. Microsoft has, and continues to, induce infringement of at least claim 13 of
`the '343 patent under 35 U. S. C. § 271(b), because Microsoft has intended, and continues to
`intend, to cause end users to use at least Bing Maps, Bing Maps Preview, and the Bing Search
`application in a manner covered by one or more claims of the '343 patent, including claim 13.
`52. Microsoft instmcts and encourages end users to use at least Bing Maps, Bing
`Maps Preview, and the Ring Search application in a manner covered by one or more claims of
`the '343 patent, including claim 13.
`-13-
`

`

`Bradium Exhibit 2016
`Unified Patents Inc. v. Bradium Technologies LLC
`IPR2018-00952
`Page 14 of 26
`
`53. On information and belief, end users have used, and continue to use, at least Bing
`Search, Bing Maps Preview, and Bing Maps in an infringing manner, including by making, using
`and putting into service the system claimed in claim 13.
`54. Microsoft has been and is actively inducing and encouraging direct infringement
`by end users by offering users Bing Rewards for using Microsoft products and services,
`including the Bing Search application. Microsoft provides instructions that encourage end users
`to use at least Bing Maps, Bing Maps Preview, and the Bing Search application in a manner
`covered by one or more claims of the '343 patent, including claim 13.
`55. On information and belief, Microsoft has knowledge of the '343 patent and
`knowledge that end users' use of at least Bing Maps, Bing Maps Preview, and the Bing Search
`application infringes the '343 patent. On information and belief, Microsoft intends for end users
`to use at least Bing Maps, Bing Maps Preview, and the Bing Search application in a manner that
`directly infringes the '343 patent.
`56. On infonnation and belief, Microsoft had and has knowledge that the induced acts
`of end users of at least Bing Maps, Bing Maps Preview, and the Bing Search application
`constitute infringement of the '343 patent.
`57. Microsoft has, and continues to, commit acts of patent infringement of at least
`claim 13 of the '343 patent under 35 U. S.C. § 271(f). Microsoft has, and continues to, supply all
`and/or a substantial portion of the components of the invention of at least claim 13 of the '343
`patent in or from the United States, in such a manner as to actively induce the combination of
`such components outside of the United States in a manner that would infringe the patent if such
`combination occurred within the United States.
`-14-
`

`

`Bradium Exhibit 2016
`Unified Patents Inc. v. Bradium Technologies LLC
`IPR2018-00952
`Page 15 of 26
`
`58.
`Further, Microsoft has, and continues to, supply one or more components of the
`invention of at least claim 13 of the '343 patent that are especially adapted for use in the
`invention and are not a staple article of commerce suitable for substantial noninfidnging use,
`knowing that such components are so adapted and intending that such components will be
`combined outside of the United States in a manner that would infiinge at least claim 13 of
`the '343 patent if such combination occurred within the United States.
`59. For example, on information and belief, Microsoft supplies Microsoft hardware
`and/or servers in or from the United States, including as part of the Microsoft Edge Caching
`Program, that are especially adapted to, for example, deliver Bing Maps tiles to at least
`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.
`60. 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 thmgs, 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 occun-ed within the United States.
`-15-
`

`

`Bradium Exhibit 2016
`Unified Patents Inc. v. Bradium Technologies LLC
`IPR2018-00952
`Page 16 of 26
`
`61. Microsoft has contributed to, and continues to contribute to, direct infringement
`of at least claim 13 of the '343 patent under 35 U. S. C. § 271(c).
`62.
`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
`ofBing Maps map tiles. See, Paragraph 30, above.
`63. Microsoft mapping products and services, such as Bing Maps and Bing Maps
`Preview, are not staple articles of commerce with substantial non-infringing uses.
`64. When an end user uses Microsoft mapping products and services, such as Bing
`Maps and Bing Maps Preview, in their intended manner, such user makes, uses and/or puts into
`service the system of one or more claims of the '343 patent, including claim 13. Accordingly, at
`least Bing Maps and Bing Maps Preview are a material part of the invention claimed in the 343
`patent.
`65. Microsoft has infringed and continues to infidnge despite an objectively high
`likelihood that its actions constitute infringement ofBradium's valid patent rights. On
`information and belief, Microsoft knew of or should have known of this objectively high risk at
`least as early as it commenced its infiinging activities and/or it became aware of the '343 patent,
`as described above. Thus, Microsoft's inffingement of the '343 patent has been and continues to
`be willful.
`66.
`The acts of direct and indirect infringement and the supply of components in or
`from the United States by Microsoft have caused, are causing, and will cause damage to
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`

`

`Bradium Exhibit 2016
`Unified Patents Inc. v. Bradium Technologies LLC
`IPR2018-00952
`Page 17 of 26
`
`Bradium. Bradium is entitled to recover such damages from Microsoft, in an amount subject to
`proof at trial.
`COUNT III
`INFRINGEMENT OF US. PATENT NO. 8, 924^06
`67.
`The contents of Paragraphs 1 through 66 are incorporated by reference as if
`specifically set forth herein.
`68. On December 30, 2014, United States Letters Patent No. 8, 924,506 for
`"Optimized Image Delivery Over Limited Bandwidth Communication Channels, " was duly and
`legally issued to Isaac Levanon and Yoni Lavi. All rights and interest in the '506 patent have
`been assigned to Bradium. A tme and correct copy of the '506 patent is attached hereto as
`Exhibit D.
`69. On July 21, 2011, United States Patent Application Publication No.
`2011/0175914 was published. A true and correct copy of Publication No. 2011/0175914 is
`attached hereto as Exhibit E.
`70.
`Microsoft had prior actual notice of Application No. 1 3/027, 929, which is the
`patent application that issued as the '506 patent, and of Publication No. US 2011/0175914,
`which is the publication associated with this application. The claims of Publication No. US
`2011/0175914 are substantially identical to the claims of the '506 patent.
`71. On information and belief, Microsoft has directly infringed and continues to
`infringe at least claims 1, 8 and 15 of the '506 patent. The infringing acts include performing
`each step of claim 1 by or under the direction and control of Microsoft, including the
`performance of each step by, at least, using one or more of: (i) Microsoft's Bing Search
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`

`

`Bradium Exhibit 2016
`Unified Patents Inc. v. Bradium Technologies LLC
`IPR2018-00952
`Page 18 of 26
`
`application for Android on a computer device such as a smartphone in combination with
`Microsoft servers; (ii) Microsoft's Bing Search application for iOS on a computer device such as
`a smartphone in combination with Microsoft servers; (iii) Microsoft's Bing Maps Preview
`application for Microsoft Windows on a computer device such as a smartphone in combination
`with Microsoft servers; and/or (iv) Microsoft's Bing Maps web sites available via smartphone
`web browsers on a computer device such as a smartphone in combination with Microsoft servers.
`72.
`The infringing acts further include at least making, using, putting into service,
`selling, offering for sale, and/or importing, systems that are covered by one or more claims of
`the '506 patent, including claim 8, for example, at least (i) Microsoft's Bing Search application
`for Android on a computer device such as a smartphone in combination with Microsoft servers;
`(ii) Microsoft's Bing Search application for iOS on a computer device such as a smartphone in
`combination with Microsoft servers; (iii) Microsoft's Bing Maps Preview application for
`Windows on a computer device such as a smartphone in combination with Microsoft servers;
`and/or (iv) Microsoft's Bing Maps web sites available via smartphone web browsers on a
`computer device such as a smartphone in combination with Microsoft servers.
`73.
`The infringing acts further include at least making, using, putting into service,
`selling, offering for sale, and/or importing, computers that are covered by one or more claims of
`the '506 patent, including claim 15, for example, at least Microsoft servers that work with Bing
`Search applications, Bing Maps Preview applications, and/or Bing Maps web sites.
`74. Microsoft is therefore liable for direct infringement of the '506 patent pursuant to
`35U. S. C. §271(a).
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`

`

`Bradium Exhibit 2016
`Unified Patents Inc. v. Bradium Technologies LLC
`IPR2018-00952
`Page 19 of 26
`
`75. Microsoft has, and continues to, induce infringement of at least claims 8 and 15 of
`the '506 patent under 35 U. S. C. § 271 (b), because Microsoft has intended, and continues to
`intend, to cause end users to use at least Bing Maps, Bing Maps Preview, and the Bing Search
`application in a manner covered by one or more claims of the '506 patent, including claims 8 and
`15.
`76. Microsoft instructs and encourages end users to use at least Bing Maps, Bing
`Maps Preview, and the Bing Search application in a manner covered by one or more claims of
`the '506 patent, including claims 8 and 15.
`77. On information and belief, end users have used, and continue to use, at least Bing
`Search, Bing Maps Preview, and Bing Maps in an infringing manner, including by making, using
`and putting into service the syste