Case 2:16-cv-01278-JRG-RSP Document 1 Filed 11/16/16 Page 1 of 10 PageID #: 1
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`
`
`
`VILOX TECHNOLOGIES, LLC
`
`
`Plaintiff,
`
`
`v.
`
`MINDGEEK USA, INC.
`
`
`Defendant.
`
`
`
`
`
`
`
`
`
`Civil Action No. ____
`
`JURY TRIAL DEMANDED
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`COMPLAINT
`
`For its Complaint, Plaintiff Vilox Technologies, LLC (“Vilox”), by and through the
`
`undersigned counsel, alleges as follows:
`
`THE PARTIES
`
`1.
`
`Vilox is a Texas limited liability company having a principal place of business at
`
`101 E. Park Boulevard, Suite 600, Plano, Texas 75704.
`
`2.
`
`Defendant MindGeek USA, Inc. (“MindGeek”) is a Delaware corporation, having
`
`a principal place of business at 2300 Empire Avenue, 7th Floor, Burbank, California 91504.
`
`JURISDICTION AND VENUE
`
`3.
`
`This action arises under the patent laws of the United States, Title 35 of the
`
`United States Code, 35 U.S.C. § 1 et seq. The Court has subject matter jurisdiction over this
`
`action pursuant to 35 U.S.C. § 271, and 28 U.S.C. §§ 1331 and 1338.
`
`4.
`
`The Court has personal jurisdiction over MindGeek because, upon information
`
`and belief, MindGeek conducts substantial business in the forum, directly or through
`
`
`
`1
`
`

`

`Case 2:16-cv-01278-JRG-RSP Document 1 Filed 11/16/16 Page 2 of 10 PageID #: 2
`
`intermediaries, including: (i) at least a portion of the infringing activity alleged herein; and (ii)
`
`regularly doing or soliciting business, engaging in other persistent courses of conduct and/or
`
`deriving substantial revenue from goods and services provided to persons in this district.
`
`5.
`
`Venue is proper in this District pursuant to 28 U.S.C. §§ 1391(b), (c) and (d), as
`
`well as 28 U.S.C. § 1400(b). Furthermore, venue is proper based on Defendant’s conducting of
`
`business within this District and/or soliciting and establishing online relationships with persons
`
`and entities within this District, including the infringing products or services alleged herein.
`
`THE PATENTS-IN-SUIT
`
`6.
`
`On July 6, 2004, United States Patent 6,760,720 (the “‘720 patent”), entitled
`
`“Search-on-the-Fly/Sort-on-the-Fly Search Engine for Searching Databases,” was duly and
`
`lawfully issued by the U.S. Patent and Trademark Office (“USPTO”). A true and correct copy of
`
`the ‘720 patent is attached hereto as Exhibit A.
`
`7.
`
`On March 6, 2007, United States Patent 7,188,100 (the “‘100 patent”), entitled
`
`“Search-on-the-Fly Report Generator,” was duly and lawfully issued by the U.S. Patent and
`
`Trademark Office (“USPTO”). A true and correct copy of the ‘100 patent is attached hereto as
`
`Exhibit B.
`
`8.
`
`On November 27, 2007, United States Patent 7,302,423 (the “‘423 patent”),
`
`entitled “Search-on-the-Fly with Merge Function,” was duly and lawfully issued by the U.S.
`
`Patent and Trademark Office (“USPTO”). A true and correct copy of the ‘423 patent is attached
`
`hereto as Exhibit C.
`
`9.
`
`The ‘720, ‘100, and ‘423 patents (collectively, the “Patents-in-Suit”) are each
`
`valid and subsisting, and Vilox is the assignee and owner of all right, title and interest in and to
`
`
`
`2
`
`

`

`Case 2:16-cv-01278-JRG-RSP Document 1 Filed 11/16/16 Page 3 of 10 PageID #: 3
`
`the ‘720, ‘100, and ‘423patents, including the right to assert all causes of action arising under
`
`said patents and to any remedies for infringement of them.
`
`10.
`
`Dr. Joseph DeBellis is a named inventor on each of the Patents-in-Suit, and is the
`
`sole inventor on all except the ‘100 patent. Over 15 years ago, Dr. DeBellis recognized a
`
`significant limitation on the ability to search, retrieve and sort results of queries across a single
`
`database or across multiple databases. At that time, search queries tended to return very large
`
`amounts of data that could not easily be sorted and reviewed by the user. Additionally, no
`
`iterative application of search functions or filters was available to search and/or sort a single
`
`database or multiple databases. Furthermore, a query for a given piece of information might, in
`
`the case of multiple databases, retrieve the information from one database, but not another, even
`
`if the information is the same in each database, because of the different ways in which the data in
`
`the databases was organized.
`
`11.
`
`To solve these long-standing problems, Dr. DeBellis conceived a method and
`
`apparatus for conducting on-the-fly searches that provide the user with an intuitive mechanism
`
`for searching databases without having to know anything about the database structure. This
`
`conception formed the basis for several inventions, including those claimed in the ‘720, ‘100,
`
`and ‘423 patents.
`
`THE MINDGEEK SYSTEM
`
`12.
`
`Upon information and belief, MindGeek owns and operates a series of databases
`
`containing content that is delivered to and accessed by users online via a computer. Among the
`
`MindGeek databases are a series of databases of adult-only content that MindGeek offers under
`
`the tradename “PornHub Network” (“PHN”). The PHN consists of databases that are accessible
`
`
`
`3
`
`

`

`Case 2:16-cv-01278-JRG-RSP Document 1 Filed 11/16/16 Page 4 of 10 PageID #: 4
`
`both independently through discrete URLs, e.g., http://pornhub.com, http://youporn.com,
`
`http://pornmd.com, http://thumbzilla.com, etc., and through a network-wide search.
`
`13.
`
`Upon information and belief, the PHN and its constituent databases are searchable
`
`via MindGeek’s “PornMD” search engine (together, the “PHN System”). MindGeek’s PHN
`
`System allows a user to search either an individual database, such as http://pornhub.com or
`
`http://pornmd.com, or across the constituent databases of the PHN iteratively and without
`
`knowledge of the structure or organization of the databases being searched.
`
`COUNT I – INFRINGEMENT OF U.S. PATENT 6,760,720
`
`14.
`
`Vilox repeats and realleges the allegations of paragraphs 1 through 13 as if fully
`
`set forth herein.
`
`15. MindGeek has infringed and continues to infringe one or more claims of the ‘720
`
`patent, including at least claim 1, by making, using, selling and/or offering for sale within this
`
`District and elsewhere in the United States and/or importing into this District and elsewhere in
`
`the United States, products or services that, among other features, receive a selection of one or
`
`more databases, determine a database schema for a given database, provide a list of database
`
`fields that include a descriptor indicating a data category, receive a search selection for a
`
`database field from the list of database fields, determine a quantity of entries in the selected
`
`database field, and determine the number of characters in each entry in the selected database
`
`field and display a portion of the entry that is equal to or less than a specified number of
`
`characters, or in its entirety if the entry does not exceed the specified amount, including but not
`
`limited to search features of the PHN System.
`
`16.
`
`Examples of MindGeek’s practice of at least the patented method of Claim 1 of
`
`the ‘720 patent include the operations of the “YouPorn” (http://youporn.com) and “Thumbzilla”
`
`
`
`4
`
`

`

`Case 2:16-cv-01278-JRG-RSP Document 1 Filed 11/16/16 Page 5 of 10 PageID #: 5
`
`(http://thumbzilla.com) sites of the PHN System. As these exemplary sites demonstrate, the
`
`PHN System uses a method implemented on a computer to search the databases of the PHN
`
`System. The PHN System includes various databases that may have different schema (structure
`
`and organization of data). When a search is conducted using the search method of the PHN
`
`System, the PHN System determines the schema of the database or databases being searched to
`
`return the list of database fields for information in the database or databases. For example, a
`
`search of the PHN System returns results for data categories across the multiple databases. The
`
`database fields include at least one descriptor to indicate the data category, such as video quality,
`
`theme or source. A selection of a database field is received by the PHN System to allow the user
`
`to view the content in the data category represented by the database field. The PHN System then
`
`determines the quantity of entries in the selected database field, and displays the number with the
`
`search results. The PHN System further determines the number of characters included in each
`
`entry in a selected database field, such as the textual information accompanying and supporting
`
`each video. If the number of the characters included in the accompanying information exceeds a
`
`specified number of characters, the PHN System displays a portion of the information that is less
`
`than or equal to the specified amount of characters. If the number of characters does not exceed
`
`the specified amount, the information, and thus the entry, is included in its entirety.
`
`17. MindGeek’s infringing actions are without license and authorization.
`
`18. MindGeek’s unauthorized actions therefore constitute violation of Vilox’s
`
`exclusive rights pursuant to 35 U.S.C. § 271(a), and Vilox is entitled to recover from MindGeek
`
`the damages sustained by Vilox as a result of MindGeek’s infringement of the ‘720 patent in an
`
`amount to be determined at trial, which amount shall be no less than a reasonable royalty,
`
`together with interest and costs as fixed by this Court pursuant to 35 U.S.C. § 284.
`
`
`
`5
`
`

`

`Case 2:16-cv-01278-JRG-RSP Document 1 Filed 11/16/16 Page 6 of 10 PageID #: 6
`
`COUNT II – INFRINGEMENT OF U.S. PATENT 7,188,100
`
`19.
`
`Vilox repeats and realleges the allegations of paragraphs 1 through 18 as if fully
`
`set forth herein.
`
`20. MindGeek has infringed and continues to infringe one or more claims of the ‘100
`
`patent, including at least claim 1, by making, using, selling and/or offering for sale within this
`
`District and elsewhere in the United States and/or importing into this District and elsewhere in
`
`the United States, products or services that, among other features, receive a database search
`
`query, search a database on-the-fly based on the query, tweak the received query to generate a
`
`defined query of the database, access a database using the defined query, generate a search result
`
`that includes descriptors of data categories, and create a template that includes links to the data
`
`categories, including but not limited to search features of the PHN Network.
`
`21.
`
`Examples of MindGeek’s practice of at least the patented method of Claim 1 of
`
`the ‘100 patent include the operations of the “PornHub” (http://pornhub.com) and “PornMD”
`
`(http://pornmd.com) sites of the PHN System. As these exemplary sites demonstrate, the PHN
`
`System uses a computer-based method for creating a data report, such as search results provided
`
`to users that search across the constituent sites of the PHN System. The PHN System receives a
`
`query through a graphical user interface based on an input search term, keyword, or selection of
`
`a category or subcategory. The databases of the PHN System are searched using an on-the-fly
`
`search. For example, based on the received query, the PHN System conducts a search of the
`
`index of the individual site or across the network for all videos with tags matching the search
`
`criteria, regardless of the characteristics (such as database type, location or schema) of the source
`
`database(s). The user can therefore search data stored in multiple databases with no prior
`
`knowledge of the database contents or organization, to retrieve information that is dynamic in
`
`
`
`6
`
`

`

`Case 2:16-cv-01278-JRG-RSP Document 1 Filed 11/16/16 Page 7 of 10 PageID #: 7
`
`nature. The PHN System uses a query tweaker that performs transformations or corrections on
`
`the received query to generate a defined query, such as the generation of a term that is distinct
`
`from but synonymous with, analogous to, or associated with the received query. The PHN
`
`System then accesses one or more of its constituent sites using the PornMD search engine per the
`
`defined query, and generates a result based on the access to the one or more databases. The
`
`search results returned by the PHN System include descriptors of the available data categories,
`
`such as text describing the general content or characteristics of the data (e.g., video duration,
`
`subject matter, date added, etc.). The PHN System creates a report template that comprises links
`
`to the data categories. For example, when a search term is entered, a series of videos based on
`
`that term are returned together with data categories such as “Length,” “Date Added,” and
`
`“Source”. Each of these data categories is linked to the videos in the search results to provide
`
`additional information specific to the particular videos identified by the search, which
`
`information is described by the data descriptors (“Length,” “Date Added,” “Source,” etc.).
`
`22. MindGeek’s infringing actions are without license and authorization.
`
`23. MindGeek’s unauthorized actions therefore constitute violation of Vilox’s
`
`exclusive rights pursuant to 35 U.S.C. § 271(a), and Vilox is entitled to recover from MindGeek
`
`the damages sustained by Vilox as a result of MindGeek’s infringement of the ‘100 patent in an
`
`amount to be determined at trial, which amount shall be no less than a reasonable royalty,
`
`together with interest and costs as fixed by this Court pursuant to 35 U.S.C. § 284.
`
`COUNT III – INFRINGEMENT OF U.S. PATENT 7,302,423
`
`24.
`
`Vilox repeats and realleges the allegations of paragraphs 1 through 23 as if fully
`
`set forth herein.
`
`
`
`7
`
`

`

`Case 2:16-cv-01278-JRG-RSP Document 1 Filed 11/16/16 Page 8 of 10 PageID #: 8
`
`25. MindGeek has infringed and continues to infringe one or more claims of the ‘423
`
`patent, including at least claim 1, by making, using, selling and/or offering for sale within this
`
`District and elsewhere in the United States and/or importing into this District and elsewhere in
`
`the United States, products or services that, among other features, determine a database schema
`
`for a database, provide a list of database fields that include descriptors of data categories, receive
`
`a search selection for a database field from the list of database fields; and determine the number
`
`of characters in each entry in the selected database field and display a portion of the entry that is
`
`equal to or less than a specified number of characters, or in its entirety if the entry does not
`
`exceed the specified amount, including but not limited to search features of the PHN System.
`
`26.
`
`Examples of MindGeek’s practice of at least the patented method of Claim 1 of
`
`the ‘423 patent include the operations of the “YouPorn” (http://youporn.com), “PornMD”
`
`(http://pornmd.com) and “Thumbzilla” (http://thumbzilla.com) sites of the PHN System. As
`
`these exemplary sites demonstrate, the PHN System uses a method implemented via computer
`
`for displaying the data in its constituent databases. The PHN System determines the schema for
`
`one or more of its multiple constituent databases each time a user searches the PHN System. For
`
`example, a search of the PHN System returns results for categories across the multiple databases
`
`of the System. The PHN System, and each of its constituent websites, provides a list of database
`
`fields that include descriptors to indicate a data category, such as type or theme of the available
`
`video content. The PHN System receives a search selection for a database field on the provided
`
`list of database fields, which allows a user to view the content in the category represented by the
`
`database field. The PHN System further determines a number of characters included in each
`
`entry in a selected database field, such as the textual information accompanying and supporting
`
`each video entry. If the number of the characters included in the accompanying information
`
`
`
`8
`
`

`

`Case 2:16-cv-01278-JRG-RSP Document 1 Filed 11/16/16 Page 9 of 10 PageID #: 9
`
`exceeds a specified number, the PHN System displays a portion of the information for each
`
`video entry that is less than or equal to the specified number of characters. If the number of
`
`characters does not exceed the specified amount, the information, and thus the entry, is included
`
`in its entirety.
`
`27. MindGeek’s infringing actions are without license and authorization.
`
`28. MindGeek’s unauthorized actions therefore constitute violation of Vilox’s
`
`exclusive rights pursuant to 35 U.S.C. § 271(a), and Vilox is entitled to recover from MindGeek
`
`the damages sustained by Vilox as a result of MindGeek’s infringement of the ‘423 patent in an
`
`amount to be determined at trial, which amount shall be no less than a reasonable royalty,
`
`together with interest and costs as fixed by this Court pursuant to 35 U.S.C. § 284.
`
`JURY DEMAND
`
`Vilox hereby demands a trial by jury on all issues so triable.
`
`PRAYER FOR RELIEF
`
`WHEREFORE, Vilox requests that the Court enter judgment against MindGeek as
`
`follows:
`
`A.
`
`An adjudication that Defendant MindGeek USA, Inc. has infringed the ‘720,
`
`‘100, and ‘423 patents.
`
`B.
`
`An award of damages to be paid by Defendant adequate to compensate Vilox for
`
`Defendant’s past infringement of the ‘720, ‘100, and ‘423 patents and any continuing or future
`
`infringement through the date such judgment is entered, including interest, costs, expenses and
`
`an accounting of all infringing acts including, but not limited to, those acts not presented at trial;
`
`C.
`
`A declaration that this case is exceptional under 35 U.S.C. § 285, and an award of
`
`Vilox’s reasonable attorneys’ fees; and
`
`
`
`9
`
`

`

`Case 2:16-cv-01278-JRG-RSP Document 1 Filed 11/16/16 Page 10 of 10 PageID #: 10
`
`D.
`
`An award to Vilox of such further relief at law or in equity as the Court deems
`
`just and proper.
`
`Date: November 16, 2016
`
`
`
`
`
`
`
`
`
`/s/Cecil E. Key
`Cecil E. Key
`DIMUROGINSBERG P.C.
`DGKEYIP GROUP
`1101 King Street, Suite 610
`Alexandria, Virginia 22314
`Phone: (703) 684-4333
`Fax: (703) 548-3181
`Email: ckey@dimuro.com
`
`Attorneys for Plaintiff
`VILOX TECHNOLOGIES, LLC
`
`
`
`
`
`10
`
`