Case 2:23-cv-00059-JRG Document 50 Filed 05/16/24 Page 1 of 21 PageID #: 1321
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`
`
`
`
`
`
`
`
`
`
`Lead Case No. 2:23-cv-00059-JRG
`Member Case No. 2:23-cv-00062-JRG
`
`
`JURY TRIAL DEMANDED
`
`TOUCHSTREAM TECHNOLOGIES,
`INC.,
`
`Plaintiff,
`
`v.
`
`CHARTER COMMUNICATIONS, INC.,
`et al.,
`
`
`
`Defendants.
`
`TOUCHSTREAM TECHNOLOGIES,
`INC.,
`
`Plaintiff,
`
`v.
`
`COMCAST CABLE
`COMMUNICATIONS, LLC, D/B/A
`XFINITY, et al.,
`
`
`
`Defendants.
`
`
`SECOND AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`
`Plaintiff Touchstream Technologies, Inc., hereby files this First Amended Complaint for
`
`Patent Infringement against Charter Communications, Inc., Charter Communications Operating,
`
`LLC, Spectrum Management Holding Company, LLC, Time Warner Cable Enterprises, LLC,
`
`Spectrum Gulf Coast, LLC, and Charter Communications, LLC (collectively, “Spectrum”) and
`
`alleges, upon information and belief, as follows:
`
`SECOND AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`
`
`Page 1
`
`

`

`Case 2:23-cv-00059-JRG Document 50 Filed 05/16/24 Page 2 of 21 PageID #: 1322
`
`THE PARTIES
`
`1.
`
`Plaintiff Touchstream Technologies, Inc., d/b/a Shodogg (“Touchstream” or “Plaintiff”) is
`
`a Delaware corporation with its principal place of business in South Dakota.
`
`2.
`
`On information and belief, defendant Charter Communications, Inc. is a corporation
`
`organized and existing under the laws of the State of Delaware, with its principal place of business
`
`at 12405 Powerscourt Drive, St. Louis Missouri, 63131.
`
`3.
`
`According
`
`to
`
`its website,
`
`https://corporate.charter.com/about-charter, Charter
`
`Communications, Inc. serves “more than 32 million customers in 41 states through its Spectrum
`
`brand.”
`
`4.
`
`Charter owns or leases, and maintains and operates several stores in this district by and
`
`through subsidiary limited liability companies that it manages and controls, including at least
`
`Spectrum Gulf Coast LLC, and negotiates and signs agreements on Spectrum Gulf Coast’s behalf.
`
`5.
`
`In these stores, Charter Communications, Inc. owns, stores, markets, and sells equipment
`
`that perform the Accused Functionalities defined below, including at least Set Top Boxes.1
`
`6.
`
`Charter Communications, Inc. is the corporate manager of its subsidiary LLCs that own or
`
`lease property in this district, that employ employees in this district, and that market, own, store,
`
`sell, and lease equipment performing the Accused Functionalities in this district. Charter
`
`Communications, Inc. has the right to exercise near total control of each entity’s operations
`
`through its LLC agreements with each entity.
`
`7.
`
`On information and belief, defendant Charter Communications Operating, LLC is a limited
`
`liability company organized and existing under the laws of the State of Delaware, with its principal
`
`place of business at 400 Atlantic Street, Stamford, Connecticut 06901.
`
`
`1 The accused Spectrum functionalities are described at ¶¶ 44, et. seq., infra.
`
`SECOND AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`
`
`Page 2
`
`

`

`Case 2:23-cv-00059-JRG Document 50 Filed 05/16/24 Page 3 of 21 PageID #: 1323
`
`8.
`
`On information and belief, defendant Spectrum Management Holding Company, LLC is a
`
`limited liability company organized and existing under the laws of the State of Delaware, with its
`
`principal place of business at 400 Atlantic Street, Stamford, Connecticut 06901.
`
`9.
`
`On information and belief, defendant Time Warner Cable Enterprises, LLC is a limited
`
`liability company registered with the state of Texas, organized and existing under the laws of the
`
`State of Delaware, with its principal place of business at 12405 Powerscourt Drive, Stamford, CT
`
`06901.
`
`10.
`
`On information and belief, defendant Spectrum Gulf Coast, LLC is a foreign limited
`
`liability company registered in the state of Texas, and organized and existing under the laws of the
`
`State of Delaware, with its principal place of business at 12405 Powerscourt Drive, St. Louis,
`
`Missouri 63131.
`
`11.
`
`On information and belief, defendant Charter Communications, LLC is a foreign limited
`
`liability company organized and existing under the laws of the State of Delaware, with its principal
`
`place of business at 12405 Powerscourt Drive, St. Louis Missouri 63131. Charter
`
`Communications, LLC may be served at 211 E. 7th Street Suite 620, Austin, Texas 78701.
`
`12.
`
`Charter Communications, LLC employs personnel that market, install, service, repair,
`
`and/or replace equipment providing the Accused Functionalities in this district by and through
`
`subsidiary limited liability companies that it manages and controls.
`
`NATURE OF THE ACTION
`
`13.
`
`This is a civil action against Spectrum for patent infringement arising under the patent
`
`statutes of the United States, 35 U.S.C. § 271 et seq. for the infringement of United States Patent
`
`No. 8,356,251 (the “’251 Patent”), No. 11,048,751 (the “’751 Patent”), and No. 11,086,934 (the
`
`“’934 Patent”) (alternatively, “the Touchstream Patents”). A true and correct copy of the ’251,
`
`‘751, and ‘934 patents are attached as Exhibits 1, 2, and 3 to this Complaint.
`
`SECOND AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`
`
`Page 3
`
`

`

`Case 2:23-cv-00059-JRG Document 50 Filed 05/16/24 Page 4 of 21 PageID #: 1324
`
`JURISDICTION AND VENUE
`
`14.
`
`This action arises under the patent laws of the United States, Title 35 of the United States
`
`Code. This Court has subject matter jurisdiction over the subject matter of this action under 28
`
`U.S.C. §§ 1331 and 1338(a).
`
`15.
`
`This Court has personal jurisdiction over Spectrum in this action because Spectrum has
`
`committed acts within the Eastern District of Texas giving rise to this action and has established
`
`minimum contacts with this forum such that the exercise of jurisdiction over Spectrum would not
`
`offend traditional notions of fair play and substantial justice. Spectrum has engaged in continuous,
`
`systematic, and substantial activities within this State, including substantial marketing and sales of
`
`products—including the Spectrum products2 that are used by Spectrum in connection with
`
`performing the Accused Functionalities—within this State. Furthermore, Spectrum—directly
`
`and/or through subsidiaries or intermediaries—have committed and continue to commit acts of
`
`infringement in this District by, among other things, selling, offering to sell, and using the
`
`Spectrum services.
`
`16.
`
`Venue is proper in this District pursuant to 28 U.S.C. §§ 1391(b) and (c) and/or 1400(b).
`
`As discussed above, Spectrum currently has a regular and established place of business in this
`
`District, and has committed and continues to commit acts of patent infringement in this District.
`
`17.
`
`Spectrum and/or one or more of its subsidiaries maintain permanent physical presences
`
`within the Eastern District of Texas, conducting business from numerous locations, including at
`
`least retail locations at 4255 Dowlen Road, Beaumont, Texas 77706; 3620 W University Drive,
`
`Suite 100, McKinney, Texas 75071; 190 E Stacy Road, Spaces 1714 & 1715, Frisco, Texas 75034;
`
`18208 Preston Road Suite D 2, Dallas, Texas 75252; 2100 North Dallas Parkway, Suite 102, Plano,
`
`
`2 The Spectrum products are defined at ¶¶ 42 et. seq., infra.
`
`SECOND AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`
`
`Page 4
`
`

`

`Case 2:23-cv-00059-JRG Document 50 Filed 05/16/24 Page 5 of 21 PageID #: 1325
`
`Texas 75093; 700 Alma Road, Suite 101 & 103, Plano, Texas 75075; 1732 South Loop 288, Suite
`
`130, Denton, Texas 76205; 3555 Legacy Drive, #150, Frisco, Texas 75034; 717 Hebron Parkway,
`
`Suite 130, Lewisville, Texas, 75057; 8425 Memorial Boulevard, Suite 300, Port Arthur, Texas
`
`77640; and 3121 Edgar Brown Drive, Suite E, Orange, Texas 77630. Further, Spectrum and/or
`
`one or more of its subsidiaries maintain office space at least at 1816 Shady Oaks Drive, Denton,
`
`Texas, 76205.
`
`18. Many, if not all, of the above locations feature the “Spectrum” public-facing brand name
`
`under which various Spectrum corporate entities operate.
`
`19.
`
`On information and belief, Spectrum and/or one or more of its subsidiaries maintain
`
`numerous established physical presences in this district, including the above mentioned stores and,
`
`on information and belief, physical locations that support the performance of the Accused
`
`Functionalities: 2305 W Lucas Drive Unit E Beaumont Texas, 77706; 1300 Coit Road, Plano
`
`Texas 75075; 5161 State Hwy 135N, Tecula, Texas, 75766; 431 Rusk Ave, Wells, Texas 75976;
`
`135 Houston St, Lewisville, Texas 75057; 150 Earnest Ave, Silsbee, Texas 77656; 630 E Gibson
`
`St, Jasper, Texas 75951; 2940 Terrell Ave, Beaumont, Texas 77701; 820 S. 27th St, Nederland,
`
`Texas, 77627.
`
`TOUCHSTREAM’S PATENTS
`
`20.
`
`In 2010, David Strober, the inventor of the Touchstream Patents and the original founder
`
`of Touchstream, was working at Westchester Community College as a Program Manager and e-
`
`learning instructional designer. At this job Mr. Strober facilitated the development of online
`
`college courses, developing software as needed to support those efforts.
`
`21.
`
`At least as early as mid-2010, Mr. Strober perceived the need to be able to take videos that
`
`could be viewed on a smaller device, like a smartphone, and “move” them to a larger screen, like
`
`a computer monitor or television. In working to bring his idea to fruition, Mr. Strober expanded
`
`SECOND AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`
`
`Page 5
`
`

`

`Case 2:23-cv-00059-JRG Document 50 Filed 05/16/24 Page 6 of 21 PageID #: 1326
`
`his work by using a device like a smartphone to cause a video to play on a second screen, even if
`
`that video resided elsewhere (like the public internet). Near the end of 2010, Mr. Strober had
`
`developed a working prototype that demonstrated his groundbreaking concept. Recognizing that
`
`that his invention could revolutionize how people located, viewed, and shared media, Mr. Strober
`
`filed his first patent application in April 2011.
`
`22.
`
`The Touchstream Patents are not directed to an abstract idea, but are limited to a specific,
`
`concrete messaging architecture. The claims require various components to send or receive signals
`
`(or messages) to control the playback of videos from various media players over a network, with
`
`precise requirements varying by claim. They do not cover all forms of remote control of content
`
`over a network. Specific steps must be performed in their specified order. Steps of the ‘251 patent
`
`include, inter alia:
`
` Assigning a synchronization code to a display device by a server system;
`
` Receiving a message in the server system including the synchronization code;
`
` Storing a record in the server system based on the synchronization code;
`
` Receiving signals specifying a video file and identifying a particular media player;
`
`
`
`Including the synchronization code and a universal playback control command in the
`messages;
`
` Converting the universal playback control command to corresponding programming code;
`and
`
`
`
` Storing in a database information that specifies the video file to be acted upon, identifies
`
`the media player, and includes the corresponding programming code.
`
`The ‘751 and ‘934 patent claims typically include similar, and some additional, steps. Further, Mr.
`
`Strober’s improvements in this area do not reflect routine nor conventional steps. The arrangement
`
`of components and steps themselves is inventive, enabling, among other things, using different
`
`SECOND AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`
`
`Page 6
`
`

`

`Case 2:23-cv-00059-JRG Document 50 Filed 05/16/24 Page 7 of 21 PageID #: 1327
`
`media players, associating different devices with a synchronization code, and coordinating
`
`between a personal computing device and display device loading a plurality of media players,
`
`video files, and control commands.
`
`23.
`
`The Touchstream Patents, which are entitled “Play Control of Content on a Display
`
`Device,” each claim priority to U.S. Provisional Patent Application No. 61/477,998 (filed on April
`
`21, 2011).
`
`24.
`
`On October 10, 2012, the U.S. Patent and Trademark Office issued a notice of allowance
`
`for the application that became the ’251 patent. On January 15, 2013, the U.S. Patent and
`
`Trademark Office duly and legally issued the ’251 patent to inventor David Strober. On June 29,
`
`2021 the U.S. Patent and Trademark Office duly and legally issued the ‘751 Patent to inventor
`
`David Strober. On August 10, 2021, the U.S. Patent and Trademark Office duly and legally issued
`
`the ‘934 Patent to inventor David Strober.
`
`25.
`
`Touchstream is the owner, by assignment, of all rights, title, and interest in the ’251, ‘751,
`
`and ‘934 patents.
`
`BACKGROUND OF THE DISPUTE
`
`TOUCHSTREAM REVOLUTIONIZES VIDEO STREAMING
`
`26.
`
`In 2011, inventor David Strober officially incorporated Touchstream to share his
`
`inventions with the world.
`
`27.
`
`28.
`
`In the following years, Touchstream raised millions of dollars in investments.
`
`Since 2011, Touchstream, d/b/a “Shodogg,” developed software that enables content to be
`
`wirelessly cast (e.g., accessed, displayed, and controlled) from a mobile device to a second display
`
`screen (e.g., TV, computer, tablet, etc.). Touchstream has been a leader in developing casting
`
`technology and has received numerous awards and recognition.
`
`SECOND AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`
`
`Page 7
`
`

`

`Case 2:23-cv-00059-JRG Document 50 Filed 05/16/24 Page 8 of 21 PageID #: 1328
`
`29.
`
`Unfortunately, the efforts of Touchstream and Touchstream’s partners to appropriately
`
`monetize Mr. David Strober’s inventions were significantly hindered by infringement of the
`
`Touchstream Patent, including by Spectrum. The timing and scope of Spectrum’s infringement is
`
`discussed in more detail below.
`
`SPECTRUM MEETS WITH TOUCHSTREAM IN 2011-2017
`TO LEARN ABOUT THE PATENTED TOUCHSTREAM TECHNOLOGY
`
`30.
`
`Since at least December 14, 2011, Touchstream has made publicly clear that its
`
`revolutionary product offerings were “patent-pending.”3
`
`31.
`
`Just days after the first Touchstream Patent issued on January 15, 2013, Touchstream
`
`issued a press release announcing this patent award.4
`
`32.
`
`It was pattern and practice for Touchstream to inform potential business partners of its
`
`patents and patent applications, as well as the fact that its technology was protected by those
`
`patents and patent applications.
`
`
`3 See e.g., Sean Ludwig, Shodogg will let you pause and restart video from any device
`(exclusive), VentureBeat (Dec. 14, 2011 7:00 AM), https://venturebeat.com/2011/12/14/shodogg-
`video-sharing-phones-tvs-exclusive/; Shodogg, Shodogg Launches at CES and Transforms
`Streaming Video Delivery by Fueling Industry Expansion with Content Providers, Cision PR
`Newswire (Jan. 10, 2012, 9:43 ET), https://www.prnewswire.com/news-releases/shodogg-
`launches-at-ces-and-transforms-streaming-video-delivery-by-fueling-industry-expansion-with-
`see
`also
`content-providers-137010098.html;
`snapshot
`(archived
`https://web.archive.org/web/20111003131546/http://shodogg.com/
`of
`Shodogg website from October 3, 2011) (“Shodogg is a patent-pending technology that allows
`viewers to access online streaming content from any smartphone and display it to any larger
`connected screen, such as a laptop, tablet, or TV.”).
`4 Shodogg, Shodogg announces the release of ScreenDirect a business-to-business solution
`enabling companies to seamlessly direct digital content across screens, Cision PR Newswire (Jan.
`17, 2013 9:15 ET) https://www.prnewswire.com/news-releases/shodogg-announces-the-release-
`of-screendirect-a-business-to-business-solution-enabling-companies-to-seamlessly-direct-digital-
`content-across-screens-187284641.html; See also, e.g., Meet Shodogg Who Won this Year’s
`Techweek
`NYC
`Launch
`Competition,
`AlleyWatch
`(12/2014),
`https://www.alleywatch.com/2014/12/meet-shodogg-who-won-this-years-techweek-nyc-launch-
`competition/.
`
`SECOND AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`
`
`Page 8
`
`

`

`Case 2:23-cv-00059-JRG Document 50 Filed 05/16/24 Page 9 of 21 PageID #: 1329
`
`33.
`
`Beginning in November 2011, Touchstream and Time Warner Cable (“TWC”) (later
`
`acquired by Spectrum) began discussing a potential partnership concerning the technology
`
`invented by Touchstream. During their meeting with an executive at TWC, Touchstream described
`
`its technology as “IP-based” and “patent pending.”
`
`34.
`
`Following their initial contact in November 2011, TWC executives scheduled a meeting
`
`with Touchstream at TWC’s office in New York for December 1, 2011.
`
`35.
`
`At the Consumer Electronics Show (“CES”) in January 2012, the same TWC executive
`
`stopped by Touchstream’s booth, bringing additional TWC employees to view Touchstream’s
`
`technology. Touchstream continued to regularly correspond with TWC throughout 2012.
`
`36.
`
`Later, on August 25, 2012, Touchstream personnel forwarded a press release titled
`
`“Shodogg is now an officially PATENTED Technology” to two TWC executives. This press
`
`release not only indicated that Touchstream had been received at least one patent, but also that
`
`Touchstream’s “technology team has applied for additional patents.”
`
`37.
`
`Several more TWC executives met with Touchstream on June 19, 2013 to evaluate
`
`Touchstream’s technology.
`
`38.
`
`In 2014, TWC invited Touchstream to take part in the first ever TWC “pitch day.” In
`
`preparation for this pitch day, TWC’s agent, Evol8tion, asked Touchstream whether “you have
`
`any patents or technology you believe is completely proprietary.” Touchstream responded on May
`
`15, 2014, stating that Touchstream “own[s] 3 patents and ha[s] more pending.”
`
`39.
`
`The facts discussed above evidence willful blindness as to Touchstream’s intellectual
`
`property rights. Touchstream regularly referred to its technology as “patent-pending” and
`
`specifically disclosed the existence of at least three (3) patents protecting Touchstream’s
`
`technology. Accordingly, Spectrum either investigated Touchstream’s intellectual property and
`
`SECOND AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`
`
`Page 9
`
`

`

`Case 2:23-cv-00059-JRG Document 50 Filed 05/16/24 Page 10 of 21 PageID #: 1330
`
`became aware of the patent numbers at issue, or chose not to investigate Touchstream’s patents in
`
`an effort to remain willfully blind to the same.
`
`40.
`
`Spectrum also knew, or at the very least should have known, of the issued Touchstream
`
`Patents on or shortly after the date each such patent was issued, beginning with the ‘251 Patent
`
`that issued in January 2013.
`
`41.
`
`At no point in 2011-2017 did Spectrum reach out to Touchstream about potentially
`
`acquiring a license to Touchstream’s pending or awarded patents, and to this day Spectrum has
`
`not requested or received a license to the Touchstream Patents.
`
`SPECTRUM UNVEILS ITS INFRINGING SERVICES
`
`42.
`
`On information and belief, Spectrum has operated its Spectrum TV App product―which
`
`perform the infringing functionalities―since at least 2016.5
`
`43.
`
`As of December 31, 2022, Spectrum announced it had 15.1 million video customers.6
`
`THE ACCUSED SPECTRUM TV FUNCTIONALITIES
`
`44.
`
`The accused Spectrum TV App functionalities comprise the methods performed through
`
`operation of at least the Spectrum set top box (“STB”) devices as well as the Spectrum TV mobile
`
`applications. The accused products did provide in the past, and continue to provide, functionality
`
`and structure that facilitates the controlling of content, such as audio and/or video content, on a
`
`content presentation device that loads any one of a plurality of different media players described
`
`in further detail below.
`
`
`5 See, e.g., Apple, App Store Preview: Spectrum TV, https://apps.apple.com/us/app/spectrum-
`tv/id420455839 (indicating copyright 2016).
`6 Charter Communications, Inc., Form 10-K, at 5 (Dec. 2022)
`
`SECOND AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`
`
`Page 10
`
`

`

`Case 2:23-cv-00059-JRG Document 50 Filed 05/16/24 Page 11 of 21 PageID #: 1331
`
`
`45.
`
`Upon initial operation, the STB is connected to a device having a screen (e.g., a television).
`
`https://www.spectrum.com/cable-tv
`
`
`
`The user then activates their STB with their Spectrum account information, such as account
`
`number or phone number. On information and belief, the STB communicates with Spectrum
`
`servers to register a Device Identifier associated with the user account.
`
`Spectrum STB
`https://d15yx0mnc9teae.cloudfront.net/sites/default/files/sup_spectrum_worldbox_100_200_quic
`kStart-1465322682.pdf
`
`
`
`46.
`
`A user may then download and install the Spectrum TV application on their mobile device
`
`(e.g., a smartphone). The mobile application allows users to discover and connect to their STB
`
`SECOND AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`
`
`Page 11
`
`

`

`Case 2:23-cv-00059-JRG Document 50 Filed 05/16/24 Page 12 of 21 PageID #: 1332
`
`device, by way of a synchronization code or unique identifier. On information and belief, Spectrum
`
`STBs have Device Identifiers. By way of non-limiting examples, each STB has a unique “Receiver
`
`Name” and a “Unit Address” to identify and associate the STB. The STB and mobile application
`
`communicate via a server intermediary that associates the two devices. On information and belief,
`
`the mobile devices’ messages include this synchronization code or unique identifier, and the server
`
`uses this information to route messages to the desired STB.
`
`
`https://play.google.com/store/apps/details?id=com.TWCableTV&hl=en_US&gl=US
`
`
`
`
`https://play.google.com/store/apps/details?id=com.TWCableTV&hl=en_US&gl=US
`
`
`SECOND AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`
`
`Page 12
`
`

`

`Case 2:23-cv-00059-JRG Document 50 Filed 05/16/24 Page 13 of 21 PageID #: 1333
`
`47.
`
`Users may then use the Spectrum TV application to browse and discover content. The
`
`mobile application presents content on the mobile device screen by title, image, and other metadata
`
`such as series seasons and episodes. Users can navigate the mobile application interface to see
`
`different content options available to them via their Spectrum account. Spectrum provides content
`
`from a variety of sources, for example Live TV, DVR, or Video on Demand sources. On
`
`information and belief, the mobile application retrieves content options and information from a
`
`remote Spectrum server.
`
`
`Spectrum, Using the Spectrum TV App, https://www.youtube.com/watch?v=1bPuIRY19b8
`
`48.
`
`By browsing content on the mobile application, users may find and select the content they
`
`wish to view. Upon finding their desired content, users pick the content on the mobile application
`
`and press “watch on TV” to send a message to a server system including information identifying
`
`the media and its respective media player. The server system communicates this information to
`
`the STB so the STB can effect the user’s commands, for instance, by loading the content and media
`
`player, and beginning playback of their selected TV show.
`
`SECOND AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`
`
`Page 13
`
`

`

`Case 2:23-cv-00059-JRG Document 50 Filed 05/16/24 Page 14 of 21 PageID #: 1334
`
`
`Spectrum, Using the Spectrum TV App, https://www.youtube.com/watch?v=1bPuIRY19b8
`
`49.
`
`Users may also use the same mobile application to control playback of content. On
`
`information and belief, initial content selection is accompanied by a “play” command, so when a
`
`user selects content it automatically begins playing. Further, on information and belief, a user may
`
`send play/pause, rewind, fast-forward, and seek commands from the mobile application. On
`
`information and belief, the mobile application sends these messages to the server system, which
`
`translates or converts them into commands each particular media player can execute, and stores a
`
`record of the message.
`
`50.
`
`Spectrum provide media from various sources, for example Live TV channels, or Video
`
`on Demand. Users may select content from any of these sources via the mobile application. The
`
`mobile device communicates to the server what media player is required for the specified content.
`
`The server system then relays instructions to the STB device to load the corresponding media
`
`player. For instance, on information and belief, Live TV and Video on Demand use different media
`
`SECOND AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`
`
`Page 14
`
`

`

`Case 2:23-cv-00059-JRG Document 50 Filed 05/16/24 Page 15 of 21 PageID #: 1335
`
`codecs. Different media players handle these codecs, and allow for similar viewing experiences
`
`for the end user.
`
`51.
`
`Each of the steps discussed above is either performed by or otherwise attributable to
`
`Spectrum. To the extent another actor performs any of these steps, Spectrum directs or controls
`
`that performance, conditioning participation in the activity or the receipt of a benefit upon
`
`performance of the patented method steps, and establishing the manner or timing of that
`
`performance. Additionally, Spectrum profits from their infringement and have the right and ability
`
`to stop or limit the infringement. For instance, Spectrum tests and demonstrates the accused
`
`functionality, including in advertisements. Further, Spectrum advertises and demonstrates to
`
`customers that the infringing method steps will be performed, as shown above. Further, Spectrum
`
`cause automatic updates to the Spectrum TV systems. As discussed below, the functionality
`
`advertised and directed by Spectrum infringes the Touchstream Patent, and on information or
`
`belief, is known by Spectrum to do so.
`
`COUNT I: INFRINGEMENT OF THE ’251 PATENT
`
`52.
`
`Touchstream adopts and incorporates by reference the allegations set forth in ¶¶ 1-51,
`
`supra.
`
`53.
`
`Spectrum directly infringes at least claim 1 of the ’251 patent by performing the methods
`
`described in ¶¶ 42-51, supra.
`
`54.
`
`For example, Spectrum performs the machine-implemented method of controlling
`
`presentation of video content on a display device that loads any one of a plurality of different
`
`media players. See, e.g., ¶¶ 42-51, supra. Spectrum further assigns, by a server system, a
`
`synchronization code to the display device. See, e.g., ¶¶ 45-46, supra. Spectrum further receives,
`
`in the server system, a message from a personal computing device that is separate from the server
`
`system and separate from the display device, wherein the message includes the synchronization
`
`SECOND AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`
`
`Page 15
`
`

`

`Case 2:23-cv-00059-JRG Document 50 Filed 05/16/24 Page 16 of 21 PageID #: 1336
`
`code. See, e.g., ¶ 46, supra. Spectrum further stores, by the server system, a record establishing
`
`an association between the personal computing device and the display device based on the
`
`synchronization code. See, e.g., ¶¶ 45-46, supra. Spectrum further receives, in the server system,
`
`one or more signals from the personal computing device, the one or more signals specifying a
`
`video file to be acted upon and identifying a particular media player for playing the video content,
`
`the one or more signals further including a universal playback control command for controlling
`
`playing of the video content on the display device by the particular media player. See, e.g., ¶ 49,
`
`supra. Spectrum further converts, by the server system, the universal playback control command
`
`into corresponding programming code to control playing of the video content on the display device
`
`by the particular media player, wherein converting the universal playback control command
`
`includes selecting from among a plurality of specific commands, each of which represents a
`
`corresponding playback control command for a respective media player. See, e.g., ¶ 49, supra.
`
`Spectrum further stores, in a database associated with the server system, information for
`
`transmission to or retrieval by the display device, wherein the information specifies the video file
`
`to be acted upon, identifies the particular media player for playing the video content, and includes
`
`the corresponding programming code to control playing of the video content on the display device
`
`by the particular media player in accordance with the universal playback control command. See,
`
`e.g., ¶¶ 46-49, supra.
`
`55.
`
`Spectrum’s infringement of the ’251 patent has been, is, and continues to be willful,
`
`including Spectrum’s infringement of at least claim 1 as described at ¶¶ 30-41, supra.
`
`56.
`
`Touchstream has been and will continue to be irreparably harmed by Spectrum’s infringing
`
`acts, requiring the entry of a permanent injunction to prevent Spectrum’s further infringement of
`
`the ’251 patent because Touchstream does not have another adequate remedy at law.
`
`SECOND AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`
`
`Page 16
`
`

`

`Case 2:23-cv-00059-JRG Document 50 Filed 05/16/24 Page 17 of 21 PageID #: 1337
`
`COUNT II: INFRINGEMENT OF THE ’751 PATENT
`
`57.
`
`Touchstream adopts and incorporates by reference the allegations set forth in ¶¶ 1-56,
`
`supra.
`
`58.
`
`Spectrum directly infringes at least claim 12 of the ’751 patent by performing the methods
`
`described in ¶¶ 30-41, supra.
`
`59.
`
`For example, Spectrum performs the computer-implemented method for remotely
`
`presenting various types of content. See, e.g., ¶¶ 42-51, supra. Spectrum further obtains, by the
`
`content presentation device, a synchronization code association with the content presentation
`
`device. See, e.g., ¶¶ 45-46. Spectrum further stores, by a remote server, an association between the
`
`content presentation device and remote device. See, e.g., ¶¶ 45-46. Spectrum further receives, by
`
`the content presentation device, a message from the server device based at least in part on the
`
`stored association and a message including at least one command having been sent from the
`
`associated remote computing device. See, e.g., ¶¶ 45-48. Spectrum further selects, by the content
`
`presentation device, a media player application from a plurality of media player applications based
`
`at least in part on the format of the message from the remote device. See, e.g., ¶ 50. Spectrum
`
`further controls, by the content presentation device, the selected media player based on the
`
`command from the remote device. See, e.g., ¶¶ 49-50.
`
`60.
`
`Spectrum’s infringement of the ’751 patent has been, is, and continues to be willful,
`
`including Spectrum’s infringement of at least claim 1 as described at ¶¶ 30-41, supra.
`
`61.
`
`Touchstream has been and will continue to be irreparably harmed by Spectrum’s infringing
`
`acts, requiring the entry of a permanent injunction to prevent Spectrum’s further infringement of
`
`the ’751 patent because Touchstream does not have another adequate remedy at law.
`
`SECOND AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`
`
`Page 17
`
`

`

`Case 2:23-cv-00059-JRG Document 50 Filed 05/16/24 Page 18 of 21 PageID #: 1338
`
`COUNT III: INFRINGEMENT OF THE ’934 PATENT
`
`62.
`
`Touchstream adopts and incorporates by reference the allegations set forth in ¶¶ 1-61,
`
`supra.
`
`63.
`
`Spectrum directly infringes at least claim 17 of the ’934 patent by performing the methods
`
`described in ¶¶ 42-51, supra.
`
`64.
`
`For example, Spectrum performs the method of controlling playback of various types of
`
`content. Id. Spectrum further provides, by a media receiver, a unique identification code of the
`
`media receiver to a computing device in communication with a server system. See, e.g., ¶¶ 45-46.
`
`Spectrum further, based on the provided unique identification code, receives, by the media receiver
`
`via the server system, a set of messages from the computing device, the messages referencing a
`
`piece of content associated with a first type of media playing application of a plurality of media
`
`playing application types, and including a set of commands converted from a universal format
`
`defined by the computing device to a first format that corresponds to the first type of media playing
`
`application. See, e.g., ¶¶ 46, 48-50. Spectrum further, in response to receiving the set of messages,
`
`selects, by the media receiver, the type of media playing application from a plurality of media
`
`playing application types based at least in part on its associations with the piece of con