Case 2:19-cv-00396-JRG Document 26 Filed 06/09/20 Page 1 of 30 PageID #: 172
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`UNITED STATES DISTRICT COURT
`EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`LUMINATI NETWORKS LTD.
`
`Plaintiff,
`
`v.
`CODE200, UAB; OXYSALES, UAB;
`METACLUSTER LT, UAB
`Defendants.
`
`Case No. 2:19-cv-396-JRG
`
`JURY TRIAL DEMANDED
`
`AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`
`Plaintiff, Luminati Networks Ltd. (“Luminati” or “Plaintiff”) brings this action under the
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`patent laws of the United States, Title 35 of the United States Code, and makes the following
`
`allegations against code200, UAB (“Code200”) and sister companies metacluster lt, UAB, also
`
`known as UAB metacluster lt and metacluster, UAB (“Metacluster”) and oxysales, UAB
`
`(“Oxysales”) (collectively “Defendants”):
`
`THE PARTIES
`
`1.
`
`Plaintiff Luminati is an Israeli company having a principal place of business at 3
`
`Hamahshev St., Netanya 42507, ISRAEL.
`
`2.
`
`Upon information and belief, Defendant Code200 is a Lithuanian corporation
`
`located at A. Goštauto g. 40A, LT-03163, Vilnius, Lithuania. Upon information and belief,
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`Code200’s predecessor-in-interest UAB Tesonet (“Tesonet”) underwent a corporate restructuring
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`in late 2018, after the filing of Luminati’s complaint in this Court against Tesonet on July 18, 2018
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`(Case No. 2:19-cv-299-JRG, “First Action”), resulting in the creation of the following sister
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`companies: Teso LT, UAB; Metacluster; Oxysales; Code200; and coretech, UAB. Upon
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`information and belief, each of the sister companies share common ownership and control. Upon
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`information and belief, since the restructuring in late 2018, Code200 has and continues to use,
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`offer to sell, and/or sell and/or import into the United States the patented inventions of the Asserted
`
`Patent within the United States, specifically including the Oxylabs Data Center Proxies Service
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`provided previously by Tesonet.
`
`3.
`
`Upon information and belief, Defendant Metacluster is a Lithuanian corporation
`
`related to Teso and the other Defendants that was incorporated as the result of a corporate
`
`restructuring of Tesonet, its predecessor-in-interest. Upon information and belief, Metacluster is
`
`located at A. Goštauto g. 40A, LT-03163, Vilnius, Lithuania, the same location as Teso and the
`
`other Defendants. Upon information and belief, Defendants share common ownership and control.
`
`Upon information and belief, since the restructuring in late 2018, Metacluster has and continues
`
`to use, offer to sell, and/or sell and/or import into the United States the patented inventions of the
`
`Asserted Patents within the United States, specifically including the “Real-Time Crawler,”
`
`provided previously by predecessor in interest Tesonet. Upon information and belief, Metacluster
`
`is a successor in interest in Tesonet’s Real-Time Crawler service.
`
`4.
`
`Upon information and belief, Defendant Oxysales is a Lithuanian corporation
`
`related to Teso and the other Defendants that was incorporated as the result of a corporate
`
`restructuring of Tesonet, its predecessor-in-interest. Oxysales is located at A. Goštauto g. 40A,
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`LT-03163, Vilnius, Lithuania, the same location as Teso and the other Defendants. Upon
`
`information and belief, Defendants share common ownership and control. Upon information and
`
`belief, since the restructuring in late 2018, Oxysales has and continues to at least sell or offer to
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`sell the data center proxy services provided by Code200 and Metacluster and previously provided
`
`2
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`by predecessor in interest Tesonet. Upon information and belief, Oxysales is a successor in interest
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`to Tesonet.
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`5.
`
`Upon information and belief, Defendants have and continue to use, provide, sell,
`
`and offer to sell as well as import into the United States data center proxy services including
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`Oxylabs Data Center Proxy Service and Real-Time Crawler when it uses the Oxylabs Data Center
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`Proxy Service (“Accused Instrumentalities”), including through direct communication with
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`customers including customers in the United States and, for example, through Defendants’
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`website. https://oxylabs.io/. Upon information and belief, Defendants share common shareholders
`
`and jointly provide, sell and offer to sell the Accused Instrumentalities through the same website.
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`As such, Defendants are jointly and severally liable for infringing the Asserted Patents.
`
`JURISDICTION AND VENUE
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`6.
`
`This is an action for patent infringement under the patent laws of the United States
`
`of America, 35 U.S.C. § 1, et seq.
`
`7.
`
`This Court has jurisdiction over the subject matter of this action under 28 U.S.C.
`
`§§ 1331, 1338, and 1367.
`
`8.
`
`This Court has personal jurisdiction over Code200 because it, directly or through
`
`its subsidiaries, divisions, groups, or distributors, has sufficient minimum contacts with this forum
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`as a result of business conducted within the State of Texas, and/or pursuant to Fed. R. Civ. P.
`
`4(k)(2). On information and belief, Code200 transacts substantial business in the State of Texas,
`
`directly or through agents, including: (i) at least a portion of the infringement alleged herein, and
`
`(ii) regularly does or solicits business in Texas, engages in other persistent courses of conduct,
`
`maintains continuous and systematic contacts within this Judicial District, purposefully avails
`
`itself of the privilege of doing business in Texas, and/or derives substantial revenue from services
`
`3
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`provided in Texas. For example, Defendants advertise their proxy servers as located throughout
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`the world, including the United States and upon information and belief has customers and servers
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`located in Texas which implement at least a portion of the infringement herein.
`
`9.
`
`This Court has personal jurisdiction over Metacluster because it, directly or through
`
`its subsidiaries, divisions, groups, or distributors, has sufficient minimum contacts with this forum
`
`as a result of business conducted within the State of Texas, and/or pursuant to Fed. R. Civ. P.
`
`4(k)(2). On information and belief, Metacluster transacts substantial business in the State of Texas,
`
`directly or through agents, including: (i) at least a portion of the infringement alleged herein, and
`
`(ii) regularly does or solicits business in Texas, engages in other persistent courses of conduct,
`
`maintains continuous and systematic contacts within this Judicial District, purposefully avails
`
`itself of the privilege of doing business in Texas, and/or derives substantial revenue from services
`
`provided in Texas. For example, Metacluster’s Real-Time Crawler Service sometimes utilizes
`
`Code200’s Data Center Proxy Service, which upon information and belief has customers and
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`servers located in the State of Texas which implement at least a portion of the infringement herein.
`
`10.
`
`This Court has personal jurisdiction over Oxysales because it, directly or through
`
`its subsidiaries, divisions, groups, or distributors, has sufficient minimum contacts with this forum
`
`as a result of business conducted within the State of Texas, and/or pursuant to Fed. R. Civ. P.
`
`4(k)(2). On information and belief, Oxysales transacts substantial business in the State of Texas,
`
`directly or through agents, including: (i) at least a portion of the infringement alleged herein, and
`
`(ii) regularly does or solicits business in Texas, engages in other persistent courses of conduct,
`
`maintains continuous and systematic contacts within this Judicial District, purposefully avails
`
`itself of the privilege of doing business in Texas, and/or derives substantial revenue from services
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`provided in Texas. For example, Oxysales sells and offers for sale Defendants’ Accused
`
`4
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`Instrumentalities which upon information and belief includes customers and servers located in the
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`State of Texas which implement at least a portion of the infringement herein.
`
`11.
`
`Upon information and belief, Defendants’ data proxy servers are located
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`throughout the United States, including upon information and belief in Texas. See e.g.
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`https://www.privateproxyreviews.com/oxylabs/. Defendants tout the location of data center
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`servers around the world and United States.
`
`https://oxylabs.io/locations
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`
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`5
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`https://oxylabs.io/products/datacenter-proxies
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`12.
`
`This Court has general jurisdiction over Defendants due to their continuous and
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`systematic contacts with the State of Texas and this jurisdiction. Further, Defendants are subject
`
`to this Court’s jurisdiction because they committed patent infringement in the State of Texas and
`
`
`
`this jurisdiction.
`
`13.
`
`Following Brunette Machine Works v. Kockum Industries, Inc., 406 U.S. 706
`
`1972), venue is proper in this Court pursuant to 28 U.S.C. §§ 1391 and 1400(b) at least because,
`
`upon information and belief, Defendants are foreign entities.
`
`FACTUAL ALLEGATIONS
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`14.
`
`Derry Shribman and Ofer Vilenski are the sole inventors of a number of patents,
`
`including U.S. Patent Nos. 10,484,511 (Exhibit A, “’511 Patent”) and 10,637,968 (Exhibit B,
`
`“’968 Patent) (collectively, “Asserted Patents”) issued on November 19, 2019 and April 28, 2020,
`
`respectively. The Asserted Patents share the same specification and claim priority to provisional
`
`application no. 61/249,624 filed on October 8, 2009. The Asserted Patents were issued after the
`
`filing of the complaint resulting in the First Action.
`
`6
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`15.
`
`Luminati identifies its patents on its website at https://luminati.io/patent-
`
`marking#system-and-method-for-streaming-content-from-multiple-servers.
`
` Luminati
`
`is
`
`the
`
`assignee of the Asserted Patent.
`
`16.
`
`Luminati, formerly known as Hola Networks Ltd. (“Hola”), provides multiple
`
`proxy services including a data center proxy service and a residential proxy service.
`
`17.
`
`Upon information and belief, “Oxylabs” is the brand name for Defendants’ former
`
`Tesonet businesses collectively and generally, including but not limited to their data center proxy
`
`services, including the Accused Instrumentalities as shown below:
`
`https://oxylabs.io
`
`18.
`
`On July 19, 2018, prior to the issuance of the Asserted Patents, Luminati filed a
`
`complaint for infringement of and U.S. Patent Nos. 9,241,044 (“’044 Patent”) and 9,742,866
`
`7
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`(“’866 Patent”), both of which are related to residential proxy services in the First Action in this
`
`Court.
`
`19.
`
`Upon information and belief, Defendants offer “large-scale web data extraction”
`
`products and services under the Oxylabs brand. https://oxylabs.io/ (Exhibit C). Defendants tout
`
`their data center proxy network as including a pool of over 2 million dedicated proxy IP addresses
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`721 thousand of which being located in the United States. https://oxylabs.io/. Upon information
`
`and belief, this data center proxy network is used to access content such as webpages, audio and
`
`video content over the Internet, wherein that content is stored on a webserver and identified by a
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`Uniform Resource Locator (URL). Upon information and belief, Defendants’ data center proxy
`
`network supports the data center proxy services of “Data Center Proxy Service” and “Real-Time
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`Crawler,” as shown in the images below. Upon information and belief Defendants have
`
`contractual relationships with one another related to at least the sale and use of the Accused
`
`Instrumentalities including a contractual relationship between Code200 and related company
`
`Metacluster requiring Code200 to provide data center proxy devices in support of Metacluster’s
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`“Real-Time Crawler” service. See e.g https://oxylabs.io/legal/dtc-acceptable-use-policy; see also
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`https://tesonet.com/about/privacy-policy/; and https://oxylabs.io/legal/rtc-acceptable-use-policy.
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`https://oxylabs.io/.
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`
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`8
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`https://oxylabs.io/locations
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`
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`
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`https://oxylabs.io/products/real-time-crawler
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`
`
`9
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`https://oxylabs.io/faq. Upon information and belief, these data center proxies include data center
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`servers located in Texas.
`
`20.
`
`Defendants provide a data center proxy service
`
`through
`
`the Accused
`
`Instrumentalities allowing an Oxylabs service customer to utilize data center proxy devices in
`
`fetching content over the Internet. Upon information and belief, Defendants’ code installed on the
`
`data center servers causes the devices to perform the steps of at least claims 1, 14, 17, 20, 21, 22,
`
`25, 27, 28, 29 and 30 of the ’511 Patent. This code is under the control of Defendants, either
`
`directly or via Defendants’ contractual relationship with its partners. As this code is under the
`
`control of Defendants, Defendants cause each of these steps to also be performed. In addition,
`
`given Defendants’ contractual relationship with its customers, the customers utilization of the
`
`Accused Instrumentalities also causes each of the claimed steps to be performed. Upon
`
`information and belief, client devices, including those controlled by Defendants’ customers, can
`
`use the Accused Instrumentalities to fetch content over the Internet by sending a query to a server
`
`of the Accused Instrumentalities. Upon information and belief, this query can comprise a URL
`
`corresponding with a webpage, audio and/or video content stored on a web server.
`
`21.
`
`Upon information and belief, the Oxylabs data center proxy network of the Accused
`
`Instrumentalities is based upon a large number of data center servers located around the World,
`
`including in the United States. See e.g. https://oxylabs.io/locations. Upon information and belief,
`
`each data center server stores a group of IP addresses as shown below. Upon information and
`
`belief, upon receiving a request for content from a client device, a server of the Accused
`
`Instrumentalities can select an IP address from the group of addresses for sending the request to a
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`web server.
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`10
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`Case 2:19-cv-00396-JRG Document 26 Filed 06/09/20 Page 11 of 30 PageID #: 182
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`
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`
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`https://oxylabs.io/products/datacenter-proxies
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`https://oxylabs.io/products/datacenter-proxies
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`
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`11
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`22.
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`Upon information and belief, as shown above, in fetching content for the client
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`device, the server (a) receives a URL from the client device; (b) selects an IP address from a group
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`of IP addresses stored on the server; (c) sends the URL to a web server using the selected IP
`
`address; (d) receives the requested content from the web server, which can comprise a web page,
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`audio and/or video content; and (e) sends the content to the client device.
`
`23.
`
`Upon information and belief, the selecting by the server of the Accused
`
`Instrumentalities may be done by a criterion, such as, one non-limiting example, IP usage.
`
`24.
`
`Upon information and belief, the client device may be addressed by an IP address,
`
`which can be stored on the server, as shown in the below example regarding whitelisting.
`
`https://learn.oxylabs.io/hc/en-us/articles/360012784192-Can-you-whitelist-my-data-center-IPs-
`
`
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`12
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`25.
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`Upon information and belief, the server of the Accused Instrumentalities is a
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`Transmission Control Protocol/Internet Protocol (TCP/IP) server that communicates of the
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`Internet with client devices based on TCP/IP protocol. Upon information and belief, this server
`
`stores, operates or uses a server operating system and uses a software application including
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`instructions to carry out the steps for fetching content as discussed above.
`
`26.
`
`Upon information and belief, the web server is a Hypertext Transfer Protocol
`
`(HTTP) server responding to HTTP requests and addressed int eh Internet using a web server IP
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`address.
`
`https://learn.oxylabs.io/hc/en-us/articles/360013020071-Which-protocols-are-supported-by-
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`
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`Oxylabs-
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`27.
`
` Defendants provide a data center proxy service
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`through
`
`the Accused
`
`Instrumentalities allowing a data center proxy service customer to utilize the Accused
`
`Instrumentalities in fetching content over the Internet. Upon information and belief, Defendants’
`
`control customers’ devices through software installed on these devices, including for example,
`
`Defendants’ “Real-Time Crawler” API, causing these devices to perform the steps of at least
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`claims 1, 11, 12, 15, 17, 18, 26, 27 and 28 of the ’968 Patent. For example, Defendants instruct
`
`their data center proxy service customers on how they can configure third-party applications
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`including Chrome installed on the client devices to cause these client devices to perform steps of
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`13
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`Case 2:19-cv-00396-JRG Document 26 Filed 06/09/20 Page 14 of 30 PageID #: 185
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`the ’968 Patent. See e.g. https://oxylabs.io/blog/how-to-set-up-a-chrome-proxy. This code is
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`under the control of Defendants, either directly or via Defendants’ contractual relationship with its
`
`customers. As this code is under the control of Defendants, Defendants cause each of these steps
`
`to also be performed. In addition, given Defendants’ contractual relationship with their customers,
`
`Defendants induce the customers to utilize the Accused Instrumentalities to cause each of the
`
`claimed steps to be performed. Upon information and belief, client devices, including those
`
`controlled by Defendants’ customers, can use the Accused Instrumentalities to fetch content over
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`the Internet by sending a query to a server of the Accused Instrumentalities. As discussed above,
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`upon information and belief, this query can comprise a URL corresponding with a webpage, audio
`
`and/or video content stored on a web server.
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`https://learn.oxylabs.io/hc/en-us/articles/360025112911-Can-I-integrate-Oxylabs-data-center-
`
`proxies-with-a-3rd-party-software-such-as-proxy-management-tools-for-browsers-
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`14
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`
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`https://oxylabs.io/blog/rotate-ip-address
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`28.
`
`Upon information and belief, as shown above, the client device that fetches content
`
`using the Oxylabs data center proxy service comprises an Hypertext Transfer Protocol (HTTP) or
`
`Hypertext Transfer Protocol Secure (HTTPS) client for use with a first web server that is a HTTP
`
`or HTTPS server that respectively responds to HTTP or HTTPS requests and stores a first content
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`identified by a first content identifier. Upon information and belief, the client device fetches the
`
`content from the first web server using a second server distinct from the first web server and
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`identified in the Internet by a second IP address, and for use with a list of IP addresses. As
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`addressed above, upon information and belief, servers of the Accused Instrumentalities store a list
`
`of IP addresses. Upon information and belief, including as described above, the application stored
`
`15
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`on the client device causes the client device to perform a method that comprises (a) identifying,
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`by the requesting client device, an HTTP or HTTPS request for the first content; (b) selecting, by
`
`the requesting client device, an IP address from the list; (c) sending, by the requesting client device,
`
`to the second server using the second IP address over the Internet in response to the identifying
`
`and the selecting, the first content identifier and the selected IP address; and (d) receiving, by the
`
`requesting client device, over the Internet in response to the sending, from the second server using
`
`the selected IP address, the first content. Specifically, as non-limiting examples, the client device
`
`may select IP addresses by geographic location or prior use in the case of session IPs.
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`https://oxylabs.io/
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`https://learn.oxylabs.io/hc/en-us/articles/360013020051-Which-locations-are-available-in-
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`Oxylabs-
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`16
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`Case 2:19-cv-00396-JRG Document 26 Filed 06/09/20 Page 17 of 30 PageID #: 188
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`https://oxylabs.io/products/datacenter-proxies
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`https://learn.oxylabs.io/hc/en-us/articles/360024815612-How-to-use-session-control-with-Proxy-
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`Rotator-
`
`
`
`
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`https://oxylabs.io/products/datacenter-proxies
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`29.
`
`Upon information and belief, as discussed above, the selecting by the client device
`
`of the Accused Instrumentalities may be based for example on the location of the IP address, or
`
`prior use of the IP address in the case of session control. Upon information and belief, as discussed
`
`above, each of the IP addresses in the list is associated with a geographical location and the
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`selecting can be based on geographical selection.
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`17
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`30.
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`Upon information and belief, the client device includes a web/Internet browser
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`application or an email application and a driver installed on the client device intercepts the request
`
`for the first content from the web browser application or email application.
`
`https://oxylabs.io/blog/how-to-set-up-a-chrome-proxy
`
`31.
`
`Upon information and belief, the client device is identified by a Media Access
`
`Control (MAC) address or a hostname and sends a message to the second server comprising the
`
`client device’s IP address, MAC address, or hostname.
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`
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`18
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`https://learn.oxylabs.io/hc/en-us/articles/360012784192-Can-you-whitelist-my-data-center-IPs-
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`
`
`COUNT I
`(Infringement of the ’511 Patent)
`
`32.
`
`Luminati repeats and re-alleges the allegations contained in paragraphs 1-31 of this
`
`Complaint as if fully set forth herein.
`
`33.
`
`The ’511 Patent entitled “System Providing Faster and More Efficient Data
`
`Communication” was duly and legally issued by the U.S. Patent and Trademark Office on
`
`November 19, 2019, from Application No. 16/278,109 filed on February 17, 2019, a continuation
`
`of Application No. 15/957,950, which is a continuation of application No. 14/025,109, which is a
`
`divisional of application No. 12/836,059, all of which claim priority to provisional application
`
`19
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`61/249,624 filed on October 8, 2009. A true and accurate copy of the ’511 Patent is attached hereto
`
`as Exhibit A.
`
`34.
`
`Each and every claim of the ’511 Patent is valid and enforceable, and each enjoys
`
`a statutory presumption of validity under 35 U.S.C. § 282.
`
`35.
`
`36.
`
`Luminati is the sole owner of the ’511 Patent and has rights to past damages.
`
`Independent Claim 1 of the ’511 Patent recites:
`
`A method for fetching, by a first client device, a first content identified by a first content
`
`identifier and stored in a web server, for use with a first server that stores a group of IP addresses,
`
`the method by the first server comprising:
`
`receiving, from the first client device, the first content identifier;
`
`selecting, in response to the receiving of the first content identifier from the first client
`
`device, an IP address from the group;
`
`sending, in response to the selecting, the first content identifier to the web server using the
`
`selected IP address;
`
`receiving, in response to the sending, the first content from the web server; and
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`sending the received first content to the first client device, wherein the first content
`
`comprises a web-page, an audio, or a video content, and wherein the first content identifier
`
`comprises a Uniform Resource Locator (URL).
`
`37.
`
`As described above, upon information and belief, the Accused Instrumentalities
`
`comprise a server (“first server”), which receives from a client device (“first client device”) a URL
`
`(“first content identifier”) for content comprising a web-page, audio or video content (“first
`
`content”) stored on a web server. Upon information and belief, the server selects an IP address
`
`from a group of IP addresses stored on the server in response to receiving the first content identifier
`
`20
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`and sends the URL to the web server using the selected IP address. Upon information and belief,
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`the server receives the first content from the web server in response to sending the URL and sends
`
`the received first content to the first client device.
`
`38.
`
`The ’511 Patent includes a number of dependent claims. In addition to practicing
`
`the steps of independent claim 1, upon information and belief as discussed above, Defendants and
`
`others using Defendants’ Accused Instrumentalities also practice the steps of at least the following
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`dependent claims:
`
`Claim 14: The method according to claim 1, for use with a criterion stored in the first
`
`server, wherein the selecting is according to, or based on, the criterion.
`
`Claim 17: The method according to claim 14, wherein the criterion is based on, or
`
`comprises, a response time when communicating.
`
`Claim: 20: The method according to claim 1, wherein the first client device is addressed
`
`over the Internet using a first Internet Protocol (IP) address, and the method further
`
`comprising storing, in the first server, the first IP address.
`
`Claim 21: The method according to claim 1, wherein the first server is a Transmission
`
`Control Protocol/Internet Protocol (TCP/IP) server that communicates over the Internet
`
`with client devices based on, according to, or using, TCP/IP
`
`protocol or connection.
`
`Claim 22: The method according to claim 1, wherein the first server communicates over
`
`the Internet based on, or according to, one out of UDP, DNS, TCP, FTP, POP#, SMTP, or
`
`SQL standards.
`
`Claim 25: The method according to claim 1, wherein the sending of the first content
`
`identifier to the web server comprises using the selected IP address as a source address.
`
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`Claim 27: The method according to claim 1, wherein the first client device is identified by
`
`a first Internet Protocol (IP) address, Media Access Control (MAC) address, or a hostname.
`
`Claim 28: The method according to claim 1, further comprising storing, operating, or using,
`
`by the first server, a server operating system.
`
`Claim 29: The method according to claim 1, for use with a software application that
`
`includes computer instructions that, when executed by a computer processor, cause the
`
`processor to perform the steps of the claim 1.
`
`Claim 30: The method according to claim 1, wherein the web server comprises a web server
`
`that is a Hypertext Transfer Protocol (HTTP) server responding to HTTP requests and
`
`addressed in the Internet using a web server Internet Protocol (IP) address.
`
`39.
`
`Defendants have actual notice of the ’511 Patent since at least the filing of this
`
`Complaint and know at least from this Complaint that implementation of the Accused
`
`Instrumentalities using data servers in the United States infringe at least claims 1, 14, 17, 20, 21,
`
`22, 25, 27, 28, 29, and 30 of the ’511 Patent.
`
`40.
`
`Upon information and belief Defendants sold, offered to sell, used, tested, and
`
`imported and continue to sell, offer to sell, use, test, and import the Accused Instrumentalities into
`
`the United States. Defendants import their software, which is implemented on servers located in
`
`the United States. Defendants’ software in the Accused Instrumentalities implements the steps of
`
`at least the above claims of the Asserted Patent and is not used for other commercial services or
`
`products. Defendants provide the data proxy center service of the Accused Instrumentalities to
`
`their customers with the knowledge and intent that the customers’ implementation of the service
`
`using residential proxies located in the U.S. would infringe the ’511 Patent.
`
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`41.
`
`Defendants have been and are now infringing at least directly, indirectly and/or
`
`contributorily, one or more claims including at least claims 1, 14, 17, 20, 21, 22, 25, 27, 28, 29,
`
`and 30 of the ’511 Patent, both literally and/or under the doctrine of equivalents, by implementing
`
`the Accused Instrumentalities using data center proxy servers located in the United States without
`
`authority and/or license from Luminati, and Defendants are liable to Luminati under 35 U.S.C. §
`
`271 et seq., including but not limited to under Sections 271(a), (b), (c) and/or (g). On information
`
`and belief, at least since the service of this Complaint, Defendants have been aware of the Asserted
`
`Patents yet have continued to infringe and cause proxies in the United States under Defendants’
`
`control to infringe claims of the Asserted Patents and have induced infringement. On further
`
`information and belief, Defendants have developed, used, offered to sell and/or sold within the
`
`United States and imported into the United States a component of a patented machine,
`
`manufacture, combination or composition, or a material or apparatus for use in practicing a
`
`patented process, constituting a material part of the invention, knowing the same to be especially
`
`made or especially adapted for use in an infringement of such patent, and not a staple article or
`
`commodity of commerce suitable for substantial noninfringing use. On further information and
`
`belief, Defendants also import and sell as well as cause others to use within the United States a
`
`product which is made by a process patented in the United States whereby the importation, offer
`
`to sell, sale, and/or use of the product occurs during the term of such process patent. Such products
`
`may include for example, the set of results sent to customers in the United States as created and
`
`assembled by the patented methods of the Asserted Patents.
`
`42.
`
`As a result of Defendants’ infringement of the ’511 Patent, Luminati has suffered
`
`and continues to suffer damages. Thus, Luminati is entitled to recover from Defendants the
`
`damages Luminati sustained as a result of Defendants’ wrongful and infringing acts in an amount
`
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`no less than its lost profits and/or a reasonable royalty, together with interest and costs fixed by
`
`this Court together with increased damages up to three times under 35 U.S.C. § 284.
`
`43.
`
`Luminati has suffered damage because of the infringing activities of Defendants,
`
`their officers, agents, servants, employees, associates, partners, and other persons who are in active
`
`concert or participation therewith, and Luminati will continue to suffer irreparable harm for which
`
`there is no adequate remedy at law unless Defendants’ infringing activities are