`
`UNITED STATES DISTRICT COURT
`EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
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`LUMINATI NETWORKS LTD.
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`
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`Plaintiff,
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`v.
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`BI SCIENCE INC.,
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`Defendant.
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`Case No.
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`JURY TRIAL DEMANDED
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`COMPLAINT FOR PATENT INFRINGEMENT
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`Plaintiff, Luminati Networks Ltd. (“Luminati”) brings this action under the patent laws of
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`the United States, Title 35 of the United States Code, and makes the following allegations against
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`BI Science Inc. (“BI Science” or “Defendant”):
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`THE PARTIES
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`1.
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`Plaintiff Luminati is an Israeli company having a principal place of business at 3
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`Hamahshev St., Netanya 42507, ISRAEL.
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`2.
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`Upon information and belief, Defendant BI Science is an Israeli corporation
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`headquartered at 6 Hanechoshet St., Tel Aviv, 6971070, ISRAEL.
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`JURISDICTION AND VENUE
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`3.
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`This is an action for patent infringement under the patent laws of the United States
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`of America, 35 U.S.C. § 1, et seq.
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`4.
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`This Court has jurisdiction over the subject matter of this action under 28 U.S.C.
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`§§ 1331 and 1338(a).
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`Data Co Exhibit 1113
`Data Co v. Bright Data
`IPR2022-00135
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`

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`5.
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`This Court has personal jurisdiction over BI Science because it, directly or through
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`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.
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`4(k)(2). On information and belief, BI Science transacts substantial business in the State of Texas,
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`directly or through agents, including: (i) at least some of the infringement alleged herein in the
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`United States occurring in Texas, and (ii) regularly does or solicits business in Texas, engages in
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`other persistent courses of conduct, maintains continuous and systematic contacts within this
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`Judicial District, purposefully avails itself of the privilege of doing business in Texas, and/or
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`derives substantial revenue from services provided in Texas. For example, on information and
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`belief, BI Science utilizes software, which is, inter alia, the subject of the infringement alleged
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`herein, that routes internet communications through user devices having IP addresses serving as
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`residential proxies located in the State of Texas, as well as this Judicial District, permitting BI
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`Science to include user devices in this Judicial District as part of BI Science’s residential proxy
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`service.
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`6.
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`Following Brunette Machine Works v. Kockum Industries, Inc., 406 U.S. 706
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`1972), venue is proper in this Court pursuant to 28 U.S.C. §§ 1391 and 1400(b) at least because,
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`upon information and belief, BI Science is a foreign entity.
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`FACTUAL ALLEGATIONS
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`7.
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`Derry Shribman and Ofer Vilenski are the named inventors of a number of patents,
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`including U.S. Patent Nos. 9,241,044 (“’044 Patent”) and divisional 9,742,866 (“’866 Patent”)
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`(collectively the “Asserted Patents”).
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`8.
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`The Asserted Patents are directed toward methods for fetching content over the
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`Internet through the use of intermediary tunneling devices. Luminati identifies its patents on its
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`website at https://luminati.io/patent-marking#system-and-method-for-streaming-content-from-
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`multiple-servers.
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`9.
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`The Asserted Patents were assigned to Hola Networks Ltd. (“Hola”). Hola has
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`subsequently changed its name to Luminati Ltd., before changing its name to Luminati Networks
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`Ltd., the Plaintiff in this action.
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`10.
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`Luminati, formerly known as Hola, provides a cloud service connecting tens of
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`millions of devices over the Internet through a proxy-based network. Each participating device
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`allows the network to utilize a small fraction of that device’s idle time for the network. Luminati
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`utilizes this network to provide proxy-based services to businesses.
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`11.
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`Since 2014, Luminati has offered proxy-based services relying on its “Residential
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`Proxy Network” that practice one or more claims of the Asserted Patents. Luminati permits its
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`business customers to utilize its residential proxy network to access data over the Internet using
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`residential IP addresses from various localities as required by the customers. These residential IP
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`addresses provide businesses with a number of advantages. For example, Luminati’s customers
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`may use this network to anonymously compare prices leading to more transparency and lower
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`prices for consumers. Luminati’s customer’s may also use residential proxy addresses to test their
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`web sites from any city in the world. Prior to and separate from the technology at issue in this
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`case, Hola provided a Virtual Private Network (“VPN”) service called HolaVPN.
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`12.
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`Luminati, formerly known as Hola, has a number of investor shareholders. One of
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`these investors, iAngels Crowd Ltd. In Trust (“iAngels”), executed an Agreement to be Bound by
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`an April 15, 2015 Amended and Restated shareholders Rights Agreement on July 14, 2015. This
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`Agreement to be Bound was signed by Shelly Hod Moyal, founding partner of iAngels. As the
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`representative for the shareholder iAngels, Ms. Moyal had access to Luminati confidential
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`information and know-how. Upon information and belief, Ms. Moyal was aware of Luminati’s
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`intellectual property (including trade secrets and know-how), including the pending patent
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`applications that resulted in the Asserted Patents.
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`13.
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`Upon information and belief, as a condition for iAngels to invest in Luminati, Ms.
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`Moyal’s husband, Kfir Moyal, conducted technical due diligence at Hola on behalf of iAngels in
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`May 2015. Upon information and belief, in this role Mr. Moyal also had access to Luminati’s
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`confidential information as well as Luminati’s intellectual property (including trade secrets and
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`know-how), including the then pending patent applications that resulted in the Asserted Patents
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`and financial records regarding Luminati’s residential proxy service. Upon information and belief,
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`Mr. and Ms. Moyal knew of the pending patent applications that resulted in the Asserted Patents
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`and were aware of Luminati’s commercial success resulting from its residential proxy network
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`services. Upon information and belief, Mr. Moyal did not disclose that BI Science had a residential
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`proxy service or intended to offer a residential proxy service prior to or during the performance of
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`due diligence on behalf of iAngels.
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`14.
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`Upon information and belief, Kfir Moyal and Assaf Toval, founded BI Science in
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`2009. Upon information and belief, as early as October 14, 2014 Mr. Moyal approached Luminati
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`as a purported customer seeking information regarding Luminati’s residential proxy service. Upon
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`information and belief, BI Science subsequently tested Luminati’s residential proxy service as part
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`of a free trial. Upon information and belief, at some time after Mr. Moyal became aware of the
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`patent applications that resulted in the Asserted Patents and Luminati’s commercial success with
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`its residential proxy network services, BI Science decided to provide a residential proxy service.
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`Upon information and belief, BI Science had decided to provide this service as early as May 2017
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`having estimated that switching to a residential proxy service from a server-based service could
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`dramatically reduce BI Science’s ongoing server costs and provide BI Science with new revenue
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`streams from this capability. Upon information and belief, BI Science introduced its own
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`residential proxy service under the “GeoSurf” brand by July 2017.
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`15.
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`Alon Ghelber, Samuel Levy, and Vadim Feldman each entered into a Personal
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`Employment Agreement (“Employment Agreement”) with Hola Networks Ltd., now known as
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`Luminati, on December 18, 2014, March 1, 2015, and March 3, 2015 respectively. The terms of
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`the Employment Agreement include a confidentiality provision obligating the employee to keep
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`in confidence Luminati’s proprietary information. The Employment Agreement also includes a
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`non-compete clause prohibiting the employee from accepting employment with a company
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`offering competing services within twelve months of the termination of employment with
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`Luminati.
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`16.
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`Luminati terminated employment of Mr. Ghelber and Mr. Feldman on February 2,
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`2017 and February 20, 2017 respectively. Mr. Levy terminated his employment with Luminati on
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`February 8, 2017. These employees had access to Luminati confidential know-how and trade
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`secrets, including client lists, client records, client data usage, accounts receivable documents,
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`business plans, marketing research, technical documents related to the architecture of Luminati’s
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`residential proxy network, and related work product. Luminati’s residential proxy service is
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`intended for use in interstate or foreign commerce. Upon information and belief, BI Science
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`subsequently hired these three individuals in 2017 within months of their termination by Luminati.
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`Upon information and belief, BI Science hired Mr. Levy in May 2017 followed by Mr. Feldman
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`in June 2017, which was approximately on or after BI Science decided to offer the residential
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`proxy service. Upon information and belief, BI Science also hired Mr. Ghelber in 2017. Upon
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`information and belief, BI Science hired these former Luminati employees despite the non-
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`compete clause of the Employment Agreements or was willfully blind to these former Luminati
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`employees being subject to such a provision. Upon information and belief, BI Science hired these
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`former Luminati employees knowing them to be former Luminati employees with knowledge of
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`Luminati’s trade secrets including confidential information related to Luminati’s residential proxy
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`service. Upon information and belief, BI Science hired these former Luminati salespeople for the
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`purposes of selling BI Science’s competing “Geosurf” residential proxy service. Upon information
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`and belief, the former Luminati employees have touted their experience with Luminati as part of
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`their approach to Luminati clients offering the “GeoSurf” service as an alternative in competition
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`with Luminati’s residential proxy service. Upon information and belief, Luminati’s former
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`employees employed Luminati’s confidential trade secrets on behalf of BI Science in furtherance
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`of the competing “Geosurf” residential proxy service. Upon information and belief, Luminati lost
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`customers for its residential proxy service to BI Science’s competing Geosurf service.
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`17.
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`By July 2017, Luminati learned that BI Science had hired its three former
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`employees and started offering a residential proxy service through Geosurf. On July 12, 2017, Mr.
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`Vilenski sent an email to Ms. Moyal requesting that Ms. Moyal collect and provide information
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`about Mr. Moyal’s competing business, including its employment of Luminati’s three former sales
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`people. Mr. Vilenski specifically noted that Mr. Moyal gained detailed information from Mr.
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`Vilenski as an advisor to Ms. Moyal, without Ms. Moyal disclosing that Mr. Moyal is involved in
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`or is running a competing business. On August 14, 2017, Mr. Vilenski sent a follow-up email to
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`Ms. Moyal demanding that Mr. Moyal stop providing residential proxy services through GeoSurf.
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`18.
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`On February 8, 2018, Or Lenchner, then VP of Luminati and currently Luminati
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`CEO, sent a letter to Mr. Moyal informing Mr. Moyal that Luminati had become aware that BI
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`Science was developing, using, offering for sale or selling products and services in the field of
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`VPN services based on residential IP peers, such as the GeoSurf service. Mr. Lenchner notified
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`BI Science that Luminati owns intellectual property within this field including specifically the
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`’866 Patent attached to that letter in addition to other related patents and patent applications. Mr.
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`Lenchner invited BI Science to enter into licensing discussions to cover past and future use of this
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`intellectual property by BI Science. BI Science responded on March 8, 2018 in a letter from BI
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`Science’s outside counsel Asaf Biger.
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`19.
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`On April 16, 2018, Mr. Toval sent an email to Mr. Lenchner requesting a meeting
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`to discuss potential licensing of Luminati’s software patents, that resulted in a meeting on April
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`30, 2018. On May 13, 2018, Mr. Lenchner sent a follow-up email with an attached request for
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`information to promote licensing discussions. Mr. Toval sent a response on May 31, 2018
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`indicating that BI Science was unable to provide such information. Following additional efforts
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`by Mr. Lenchner to propose a framework for a licensing agreement, Mr. Toval sent an email
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`response on June 18, 2018 agreeing to review the framework and provide feedback, but BI Science
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`has not done so.
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`20.
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`Upon information and belief, BI Science offers large-scale data harvesting products
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`and services under the GeoSurf brand. https://www.GeoSurf.com/products/residential-ips/. Upon
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`information and belief, this includes a residential proxy network with millions of residential IP
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`addresses from more than 192 countries. id. Upon information and belief, the IP addresses of
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`these residential proxies are assigned by a standard Internet Service Provider (ISP) to a homeowner
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`or other residential or mobile user. id. Upon information and belief, this residential proxy network
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`is used to access content over the Internet, wherein that content may be divided into portions, each
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`of which includes part of the content and its own content identifier.
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`https://www.GeoSurf.com/products/residential-ips/
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`https://www.GeoSurf.com/products/residential-ips/
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`https://www.GeoSurf.com/resources/faq/#ac_15174_collapse1
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`https://www.GeoSurf.com/resources/residential-ips-integration-guide/#ac_15171_collapse4
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`https://www.GeoSurf.com/resources/faq/#ac_15216_collapse4
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`https://www.GeoSurf.com/resources/residential-ips-integration-guide/#ac_15171_collapse1
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`Upon information and belief, some of these user devices serving as residential proxies (and
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`associated with respective IP addresses) are located in the Eastern District of Texas.
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`21.
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`Upon information and belief, the residential proxy network used as part of the
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`GeoSurf service is based upon numerous user devices, each of which is a client device identifiable
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`over the Internet by an IP address. Upon information and belief, a server (“First Server”) is
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`operated by BI Science and/or a third party having a contractual obligation to BI Science to
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`implement residential proxy network requests sent by BI Science. BI Science touts itself as owning
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`all the servers in the GeoSurf network. However, upon information and belief, BI Science may
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`contract with a third-party, such as Jetstar Media and/or Microleaves Ltd., to implement its
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`GeoSurf residential proxy network. Upon information and belief, whether BI Science owns the
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`First Server or contracts with a third-party to operate the First Server, BI Science directs and
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`controls the First Server to implement the GeoSurf residential proxy service.
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`
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`https://www.GeoSurf.com/resources/faq/#ac_15174_collapse5
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`22.
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`Upon information and belief, software (“Server Software”) is executed that
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`implements the GeoSurf service. Upon information and belief, BI Science directs and controls the
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`operation of the Server Software to the extent that the Server Software implements the GeoSurf
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`service. For example, upon information and belief, BI Science can direct and control the GeoSurf
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`service to select residential proxy devices located within a specific state or city and can determine
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`how long a given proxy device will be utilized for a given session, which is referred to as sticky
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`residential IPs and session persistence.
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`https://www.GeoSurf.com/resources/residential-ips-integration-guide/#ac_15171_collapse4
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`https://www.GeoSurf.com/resources/faq/#ac_15216_collapse4
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`https://www.GeoSurf.com/resources/residential-ips-integration-guide/#ac_15062_collapse1
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`23.
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`Upon information and belief, each user device in the residential proxy network
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`sends its respective identifier to the First Server, which stores these identifiers. Upon information
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`and belief, to the extent that BI Science has contractual relationship(s) with one or more third
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`parties that provide server services, BI Science directs and/or controls these third-party servers to
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`implement its residential proxy network for the GeoSurf service through the third-party servers
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`and user devices included in the residential proxy network. Upon information and belief, as part
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`of the GeoSurf service, BI Science provides a device designated as a ‘Gateway’, which
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`authenticates the user devices of BI Science customers and controls the access and operation of
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`requests and responses through the one or more third-party proxy residential networks directed
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`and controlled by BI Science, and is in continuous communication with the Server Software.
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`https://www.GeoSurf.com/resources/residential-ips-integration-guide/#ac_15054_collapse1
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`https://www.GeoSurf.com/resources/faq/#ac_15217_collapse4
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`https://www.GeoSurf.com/resources/residential-ips-integration-guide/#ac_15173_collapse6
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`https://www.GeoSurf.com/resources/residential-ips-integration-guide/#ac_15173_collapse3
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`24.
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`Upon information and belief, BI Science has developed or is developing the
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`software to be used in the user devices as part of the GeoSurf service by integration with different
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`third-party software applications, including at least GSA search engine ranker, Foxy Proxy, AIO
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`Sneakers Bot, EasyCopy sneakers bot, NikeSlayer, BretterNikeBot (BNB), Supreme Bot, Another
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`Nike Bot, Sneaker Bot 2.0, and StubTabs.
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`https://www.GeoSurf.com/resources/residential-ips-integration-guide/#ac_15171_collapse4
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`25.
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`Upon information and belief, a GeoSurf customer may utilize the GeoSurf
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`residential proxy network by sending a request (“First Request”) from the GeoSurf customer’s
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`device through the GeoSurf Gateway, either of which could serve as the first device (“First
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`Device”), to the above First Server, which responds by sending the IP address (“Second
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`Identifier”) corresponding to one of a group of client devices in the proxy network, any one of
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`which may serve as a proxy device (“Second Device”), back to the First Device.
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`https://www.GeoSurf.com/resources/residential-ips-integration-guide/#ac_15062_collapse2
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`26.
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`Upon information and belief, having received the Second Identifier, the First
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`Device may then send a request (“Second Request”) to the Second Device for specific Internet
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`data (“First Content”) identified by an identifier (“Content Identifier”) from a target server
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`(“Second Server”) identified by its own identifier (“Third Identifier”), which is forwarded by the
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`Second Device to the Second Server. Upon information and belief, the target Second Server
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`responds to the forwarded Second Request by sending the First Content to the Second Device,
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`which is then forwarded back to the First Device. Upon information and belief, to the extent that
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`the requested content may be divided into portions or slices, the GeoSurf customer’s device, which
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`is a First Device, can construct the content from the plurality of Content Slices.
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`https://vimeo.com/250282014 (Time: 00:47 sec to 01:20 sec)
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`https://www.GeoSurf.com/resources/residential-ips-integration-guide/#ac_15173_collapse6
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`https://www.GeoSurf.com/resources/residential-ips-integration-guide/#ac_15172_collapse1
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`27.
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`The use of the residential proxy network permits anonymity to GeoSurf customers,
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`for example for engaging in activities such as web crawling without disclosing the customer’s
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`identity to the targeted web sites.
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`COUNT I
`(Infringement of the ’044 Patent)
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`Luminati repeats and re-alleges the allegations contained in paragraphs 1-26 of this
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`28.
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`Complaint as if fully set forth herein.
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`29.
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`The ’044 Patent entitled “System and Method for Improving Internet
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`Communication by Using Intermediate Nodes” was duly and legally issued by the U.S. Patent and
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`Trademark Office on January 19, 2016, from Application No. 14/468,836 filed on August 26,
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`2014, claiming priority to provisional applications 61/870,815 filed on August 28, 2013. A true
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`and accurate copy of the ’044 Patent is attached hereto as Exhibit A.
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`30.
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`Each and every claim of the ’044 Patent is valid and enforceable, and each enjoys
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`a statutory presumption of validity under 35 U.S.C. § 282.
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`31.
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`Luminati exclusively owns all rights, title, and interest in and to the ’044 Patent and
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`possesses the exclusive right of recovery, including the exclusive right to recover for past
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`infringement.
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`32.
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`Claim 81 of the ’044 Patent recites:
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`Claim 81. A method for fetching over the Internet a first content, identified by a
`first content identifier, by a first device, identified in the Internet by a first
`identifier, from a second server identified in the Internet by a third identifier
`via a second device identified in the Internet by a second identifier, using a
`first server, the method comprising the steps of:
`(a) sending the first identifier to the first server;
`(b) sending a first request to the first server;
`(c) receiving the second identifier from the first server;
`(d) sending a second request to the second device using the second
`identifier, the second request includes the first content identifier and the
`third identifier; and
`(e) receiving the first content from the second device.
`
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`33.
`
`As described above in paragraphs 19 to 22, upon information and belief, BI
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`Science’s proxy residential network used for the GeoSurf service comprises numerous devices
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`each of which is identifiable by its own IP address (“identifier”), which are stored on servers
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`through the execution of Server Software under the control and/or direction of BI Science.
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`Consequently, BI Science’s GeoSurf proxy residential network would comprise at least a First
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`Device and a Second Device with their corresponding First Identifier and Second Identifier and a
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`First Server.
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`34.
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`As described above in paragraphs 19-25, upon information and belief, this network
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`would permit a user to access Internet content (“First Content”), identifiable by a content identifier
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`such as a URL (“First Content Identifier”) from a target server (“Second Server”), identifiable by
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`its own corresponding IP address (“Third Identifier”).
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`35.
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`As described above in paragraphs 19-25, upon information and belief, the GeoSurf
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`customer sends a request with its corresponding IP address to the GeoSurf Gateway which
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`forwards the request to the “First Server.” At least the GeoSurf Gateway can serve as a “First
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`Device” with the First Server storing the corresponding IP address (“First Identifier”) of that “First
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`Device.”
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`36.
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`As described above in paragraphs 19-25, upon information and belief, a GeoSurf
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`customer can utilize its device to send a request (“First Request”) through the GeoSurf Gateway,
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`with at least the Gateway serving as the first device (“First Device”), to the First Server, causing
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`the First Server to respond by sending the Second Identifier back to the First Device. Upon
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`information and belief, a second request (“Second Request”), comprising a First Content Identifier
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`and a Third Identifier to the Second Device, is then sent from the First Device to the Second Server
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`using the Second Identifier. Upon information and belief, the Second Server responds by sending
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`the requested First Content to the Second Device, which is forwarded back to the First Device.
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`37.
`
`Upon information and belief, BI Science has had actual notice of the ’044 Patent
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`since at least January 8, 2018, and has known, including by way of communications on and since
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`that date and this lawsuit, that implementation of its GeoSurf residential proxy service would
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`infringe at least claim 81 of the ’044 Patent.
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`38.
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`BI Science has been and is now directly infringing, literally and/or under the
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`doctrine of equivalents, one or more claims, including at least claim 81 of the ’044 Patent, by
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`implementing its residential proxy service in the United States without authority and/or license
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`from Luminati and is liable to Luminati under 35 U.S.C. § 271(a).
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`39.
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`BI Science has been and is now indirectly infringing, literally and/or under the
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`doctrine of equivalents, one or more claims, including at least claim 81 of the ’044 Patent, by
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`providing this residential proxy service to its customers knowing that the use of such service
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`infringes these claims in the United States without authority and/or license from Luminati and is
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`liable to Luminati under 35 U.S.C. § 271(b).
`
`40.
`
`As a result of BI Science’s infringement of the ’044 Patent, Luminati has suffered
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`and continues to suffer damages. Thus, Luminati is entitled to recover from BI Science the
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`damages Luminati sustained as a result of BI Science’s 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
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`this Court under 35 U.S.C. § 284.
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`41.
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`Luminati has suffered damage because of the infringing activities of BI Science, its
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`officers, agents, servants, employees, associates, partners, and other persons who are in active
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`concert or participation therewith, and Luminati will continue to suffer irreparable harm for which
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`there is no adequate remedy at law unless BI Science’s infringing activities are preliminarily and
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`permanently enjoined by this Court.
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`42.
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`BI Science’s infringement of the ’044 Patent was, is, and continues to be deliberate
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`and willful because BI Science was and is on notice of the ’044 Patent at least as early as January
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`8, 2018, yet it continued and continues to infringe the ’044 Patent.
`
`COUNT II
`(Infringement of the ’866 Patent)
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`Luminati repeats and re-alleges the allegations contained in paragraphs 1-41 of this
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`43.
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`Complaint as if fully set forth herein.
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`44.
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`The ’866 Patent entitled “System and Method for Improving Internet
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`Communication by Using Intermediate Nodes” was duly and legally issued by the U.S. Patent and
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`Trademark Office on August 22, 2017 from Application No. 14/930,894 filed on August 22, 2017,
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`a divisional of Application No. 14/468,836 that issued as the ’044 Patent, both of which claim
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`priority to provisional applications 61/870,815 filed on August 28, 2013. A true and accurate copy
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`of the ’866 Patent is attached hereto as Exhibit B.
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`45.
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`Each and every claim of the ’866 Patent is valid and enforceable, and each enjoys
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`a statutory presumption of validity under 35 U.S.C. § 282.
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`46.
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`Luminati exclusively owns all rights, title, and interest in and to the ’866 Patent and
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`possesses the exclusive right of recovery, including the exclusive right to recover for past
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`infringement.
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`47.
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`Claim 15 of the ’866 Patent recites:
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`Claim 15. A method for fetching a content over the Internet from a first server
`identified in the Internet by a second identifier via a group of multiple
`devices, each identified in the Internet by an associated group device
`identifier, the method comprising the step of partitioning the content into a
`plurality of content slices, each content slice containing at least part of the
`content, and identified using a content slice identifier, and for each of the
`content slices, comprising the steps of:
`(a) selecting a device from the group;
`(b) sending over the Internet a first request to the selected device using the
`group device identifier of the selected device, the first request including the
`content slice identifier and the second identifier;
`(c) in response to receiving the sent first request by the selected device,
`receiving over the Internet the content slice from the selected device; and
`wherein the method further comprising the step of constructing the content
`from the received plurality of content slices, and
`wherein each of the devices in the group is a client device.
`
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`48.
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`As described above in paragraphs 19 to 22, upon information and belief, BI
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`Science’s GeoSurf proxy residential network comprises numerous devices, each of which is a
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`client device identifiable by its own identifier. Upon information and belief, BI Science’s GeoSurf
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`proxy residential network permits BI Science’s customers to request content from the customer’s
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`device through the GeoSurf Gateway, which forwards such requests through a server and proxy
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`residential user device (“Selected Device”) to a target server (“First Server”), which is identifiable
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`by its own IP address (“Second Identifier”). The Selected Device is selected from a group of client
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`devices (“Group”), each of which has its own IP address (“Group Device Identifier”. As further
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`described above, this content may be divided into portions (“Content Slices”) identifiable by their
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`own identifiers (“Content Slice Identifier”).
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`49.
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`As described above in paragraphs 19-25, upon information and belief, the GeoSurf
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`service permits the GeoSurf customer to select a proxy user device from the Group and send a
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`request (“First Request”) over the Internet to the Selected Device using the selected device IP
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`address (“Group Device Identifier of the Selected Device”). This First Request includes the
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`Content Slice Identifier and Second Identifier.
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`50.
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`As described above in paragraphs 19-25, upon information and belief, the above
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`Selected Device responds to the First Request by sending the request to the First Server with the
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`Content Slice Identifier. The First Server responds by sending the requested Content Slice to the
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`Selected Device, which forwards the Content Slice through the GeoSurf Gateway to the device of
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`the GeoSurf customer, which is a client device. The client device of the GeoSurf customer then
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`constructs the content from the plurality of Content Slices.
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`51.
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`BI Science has had actual notice of the ’866 Patent since at least January 8, 2018,
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`and has known, including by way of communications on and since that date and this lawsuit, that
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`implementation of its GeoSurf residential proxy service would infringe at least claim 15 of the
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`’866 Patent.
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`52.
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`BI Science has been and is now directly infringing, literally and/or under the
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`doctrine of equivalents, one or more claims, including at least claim 15 of the ’866 Patent, by
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`implementing its residential proxy service in the United States without authority and/or license
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`from Luminati and is liable to Luminati under 35 U.S.C. § 271(a).
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`53.
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`BI Science has been and is now indirectly infringing, literally and/or under the
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`doctrine of equivalents, one or more claims, including at least claim 15 of the ’866 Patent, by
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`providing this residential proxy service to its customers knowing that the use of such service
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`infringes these claims in the United States without authority and/or license from Luminati and is
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`liable to Luminati under 35 U.S.C. § 271(b).
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`54.
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`As a result of BI Science’s infringement of the ’866 Patent, Luminati has suffered
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`and continues to suffer damages. Thus, Luminati is entitled to recover from BI Science the
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`damages Luminati sustained as a result of BI Science’s 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
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`this Court under 35 U.S.C. § 284.
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`55.
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`Luminati has suffered damage because of the infringing activities of BI Science, its
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`officers, agents, servants, employees, associates, partners, and other persons who are in active
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`concert or participation therewith, and Luminati will continue to suffer irreparable harm for which
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`there is no adequate remedy at law unless BI Science’s infringing activities are preliminarily and
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`permanently enjoined by this Court.
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`56.
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`BI Science’s infringement of the ’866 Patent was, is, and continues to be deliberate
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`and willful because BI Science was and is on notice of the ’866 Patent at least as early as January
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`8, 2018, yet it continued and continues to infringe the ’866 Patent.
`
`COUNT III
`(Tortious Interference with Luminati’s Employment Agreements)
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`Luminati repeats and re-alleges the allegations contained in paragraphs 1-56 of this
`
`57.
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`Complaint as if fully set forth herein.
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