Case 6:21-cv-01296-ADA-DTG Document 1 Filed 12/14/21 Page 1 of 105
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`IOENGINE, LLC,
`
`
`
`Plaintiff,
`
`v.
`
`ROKU, INC.,
`
`Defendant.
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`
`
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`)
`)
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`)
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`)
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`C.A. No. 6:21-cv-1296
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`Jury Trial Demanded
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`Plaintiff IOENGINE, LLC (“Plaintiff” or “IOENGINE”), by and through its
`
`undersigned counsel, alleges as follows:
`
`THE PARTIES
`
`IOENGINE is a limited liability company organized and existing under the laws
`
`of the State of Delaware, with its principal place of business at 22 Ensign Road, Norwalk,
`
`Connecticut 06853.
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`Defendant Roku, Inc. (“Defendant” or “Roku”) is a corporation organized and
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`existing under the laws of the State of Delaware, having a principal place of business at 1155
`
`Coleman Ave., San Jose, California 95110.
`
`Defendant’s registered agent in the State of Texas is Corporation Service
`
`Company d/b/a CSC - Lawyers Incorporating Service Company, 211 E. 7th Street, Suite 620
`
`Austin, Texas 78701.
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`IOENGINE, LLC,
`
`
`
`Plaintiff,
`
`v.
`
`ROKU, INC.,
`
`Defendant.
`
`
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`C.A. No. 6:21-cv-1296
`
`Jury Trial Demanded
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`Plaintiff IOENGINE, LLC (“Plaintiff” or “IOENGINE”), by and through its
`
`undersigned counsel, alleges as follows:
`
`THE PARTIES
`
`IOENGINE is a limited liability company organized and existing under the laws
`
`of the State of Delaware, with its principal place of business at 22 Ensign Road, Norwalk,
`
`Connecticut 06853.
`
`Defendant Roku, Inc. (“Defendant” or “Roku”) is a corporation organized and
`
`existing under the laws of the State of Delaware, having a principal place of business at 1155
`
`Coleman Ave., San Jose, California 95110.
`
`Defendant’s registered agent in the State of Texas is Corporation Service
`
`Company d/b/a CSC - Lawyers Incorporating Service Company, 211 E. 7th Street, Suite 620
`
`Austin, Texas 78701.
`
`
`
`Case 6:21-cv-01296-ADA-DTG Document 1 Filed 12/14/21 Page 2 of 105
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`JURISDICTION AND VENUE
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`This is an action for patent infringement arising under the patent laws of the United
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`States, 35 U.S.C. § 100 et seq., including, but not limited to, 35 U.S.C. § 271.
`
`This Court has subject matter jurisdiction over this action pursuant to 28 U.S.C.
`
`§§ 1331 and 1338(a).
`
`This Court has personal jurisdiction over Roku. On information and belief, Roku
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`is subject to this Court’s personal jurisdiction pursuant to due process and the Texas Long-Arm
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`Statute, due to its (i) doing substantial business in this forum, including committing infringing
`
`acts alleged herein in whole or in part in this forum; (ii) maintaining a regular and established
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`place of business in the forum, including at 9606 N. Mopac Expressway, Suite 400, Austin, Texas
`
`78759; and (iii) regularly doing or soliciting business, engaging in other persistent courses of
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`conduct, recruiting Texas residents for employment inside and outside this state, and deriving
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`substantial revenue from infringing goods and services provided to persons in Texas. See Tex.
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`Civ. Prac. Rem Code. § 17.042.
`
`For example, on information and belief, Roku recently “invest[ed] $2,152,400.00
`
`to build out 62,884 square feet of new space in Austin” at its 9606 N. Mopac Expressway offices,1
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`and on information and belief, as of the filing of this Complaint, Roku is prominently advertising
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`approximately 66 job openings, which include positions in hardware design, marketing, and
`
`engineering, and of which approximately 35 are software engineering positions, including senior
`
`1
`
`See https://www.intelligence360.news/roku-inc-to-spend-2152400-00-to-occupy-62884-square-feet-of-
`space-in-austin-texas/.
`
`2
`
`
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`Case 6:21-cv-01296-ADA-DTG Document 1 Filed 12/14/21 Page 3 of 105
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`engineering positions, in its Texas offices.2
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`In addition, Roku has previously been party to at least 18 patent cases in this
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`District, including at least 10 cases where Roku has availed itself of the power and benefits of this
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`Court and forum by raising counterclaims seeking a declaratory judgment of noninfringement and
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`invalidity, including in AlmondNet, Inc. et al v. Roku, Inc., 6-21-cv-00731 (WDTX) (Jul. 15,
`
`2021), AlmondNet, Inc. v. Roku, Inc., 6-21-cv-00876 (WDTX) (Aug. 20, 2021), Ancora
`
`Technologies, Inc. v. Roku, Inc., 6-21-cv-00737 (WDTX) (Jul. 16, 2021), Diatek Licensing LLC
`
`v. Roku, Inc., 6-21-cv-00777 (WDTX) (Jul. 29, 2021), ESW Holdings, Inc. v. Roku, Inc., 6-19-
`
`cv-00044 (WDTX) (Feb. 08, 2019), Flexiworld Technologies, Inc. v. Roku, Inc., 6-20-cv-00819
`
`(WDTX) (Sep. 08, 2020), Flexiworld Technologies, Inc. v. Roku, Inc., 6-21-cv-00680 (WDTX)
`
`(Jun. 28, 2021), Flexiworld Technologies, Inc. v. Roku, Inc., 6-21-cv-00767 (WDTX) (Jul. 27,
`
`2021), Flexiworld Technologies, Inc. v. Roku, Inc., 6-21-cv-00882 (WDTX) (Aug. 24, 2021), and
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`MV3 Partners LLC v. Roku, Inc., 6-18-cv-00308 (WDTX) (Oct. 16, 2018). In at least two of
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`these cases Roku pursued its counterclaims to and through trial (ESW Holdings and MV3
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`Partners).
`
`Roku has sufficient “minimum contacts” with the forum such that exercising
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`personal jurisdiction satisfies the requirements of due process and exercising personal jurisdiction
`
`over Roku is consistent with “traditional notions of fair play and substantial justice.” Int’l Shoe
`
`Co. v. Washington, 326 U.S. 310, 316 (1945); Breckenridge Pharm., Inc. v. Metabolite Labs.,
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`Inc., 444 F.3d 1356, 1361 (Fed. Cir. 2006).
`
`2
`
`See https://www.roku.com/jobs/listing?location=Austin%2C%20Texas (last visited, Dec. 13, 2021).
`
`3
`
`
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`Case 6:21-cv-01296-ADA-DTG Document 1 Filed 12/14/21 Page 4 of 105
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`On information and belief, within this state, Roku has offered for sale and sold,
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`and continues to offer for sale and sell, products and services embodying the patented inventions,
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`thereby committing, contributing to, and inducing, and continuing to commit, contribute to, and
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`induce, acts of patent infringement alleged herein.
`
`Venue is proper in this District under 28 U.S.C. §§ 1391(b) and (c), and 1400(b)
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`because, among other reasons, Roku regularly transacts or solicits business in this District and
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`has committed at least a portion of the infringing acts at issue in this case from and within this
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`District. On information and belief, Roku has a regular and established place of business in this
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`District at 9606 N. Mopac Expressway, Suite 400, Austin, Texas 78759. On information and
`
`belief, Roku recently “invest[ed] $2,152,400.00 to build out 62,884 square feet of new space in
`
`Austin” at its 9606 N. Mopac Expressway offices.3 In addition, on information and belief, Roku
`
`employs a number of persons in this District and derives and has derived substantial revenue from
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`goods and services provided to persons or entities in this District and from infringing acts
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`occurring within this District.
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`For example, Roku’s “Investors” website,4 provides a list of Roku “Management,”
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`including Roku’s Senior Vice President of Product Engineering and Operations, Scott de Haas.5
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`Mr. de Haas “oversees product engineering and operation,”6 and, on information and belief, is
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`located in Roku’s Texas offices in this District. In addition, Gergely Timar, Senior Director of
`
`See https://www.intelligence360.news/roku-inc-to-spend-2152400-00-to-occupy-62884-square-feet-of-
`space-in-austin-texas/.
`
`https://www.roku.com/investor.
`
`https://www.roku.com/investor/management
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`Id.
`
`4
`
`3
`
`4
`
`5
`
`6
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`Case 6:21-cv-01296-ADA-DTG Document 1 Filed 12/14/21 Page 5 of 105
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`Engineering at Roku, has previously explained in a sworn declaration that “the majority of
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`engineers in Roku’s Austin, TX office focus on the Roku operating system, hardware, and
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`embedded software development,” AlmondNet, Inc. v. Roku, Inc., 6:21-cv-731-ADA (W.D. Tex.
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`Aug. 13, 2021) D.I. 7-1 (August 5, 2021 Declaration of Gergely Timar), at ¶ 6, which, as
`
`described below, are relevant to the acts of infringement alleged in this case.
`
`As an additional example, as of the filing of this Complaint, Roku is prominently
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`advertising approximately 66 job openings in its Texas offices in this District, which include
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`positions in hardware design, marketing, and engineering, and of which approximately 35 are
`
`software engineering positions, including senior engineering positions.7
`
`BACKGROUND
`
`This patent infringement suit involves fundamental technology that allows
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`portable electronic devices, used in conjunction with terminals, to support enhanced functionality.
`
`For example, the technology at issue allows users to interact with portable devices through an
`
`interactive user interface to enable the user to control processing activity on the portable device.
`
`Further, the technology at issue allows a user to access data and programs from the portable device
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`and a network server associated with streaming video or audio content, displaying advertisements,
`
`or processing payments.
`
`The technology at issue was invented by Mr. Scott McNulty, who also founded
`
`IOENGINE.
`
`7
`
`See https://www.roku.com/jobs/listing?location=Austin%2C%20Texas (last visited, Dec. 13, 2021).
`
`5
`
`
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`Case 6:21-cv-01296-ADA-DTG Document 1 Filed 12/14/21 Page 6 of 105
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`THE IOENGINE PATENTS-IN-SUIT
`
`On October 15, 2019, the United States Patent and Trademark Office duly and
`
`legally issued United States Patent No. 10,447,819 (the “’819 Patent”), entitled “Apparatus,
`
`Method and System for a Tunneling Client Access Point” after full and fair examination. The
`
`application that led to the ’819 Patent, U.S. Patent Application Ser. No. 15/712,780, was a
`
`continuation of U.S. Patent Application Ser. No. 14/721,540, which issued as U.S. Patent No.
`
`9,774,703, which was a continuation of U.S. Patent Application Ser. No. 13/960,514, which
`
`issued as U.S. Patent No. 9,059,969, which was a continuation of U.S. Patent Application Ser.
`
`No. 12/950,321, which issued as U.S. Patent No. 8,539,047, which was a continuation of U.S.
`
`Patent Application Ser. No. 10/807,731, filed on March 23, 2004, which issued as U.S. Patent
`
`No. 7,861,006. A true and correct copy of the ’819 Patent is attached hereto as Exhibit A.
`
` On April 6, 2021, the United States Patent and Trademark Office duly and legally
`
`issued United States Patent No. 10,972,584 (the “’584 Patent”), entitled “Apparatus, Method and
`
`System for a Tunneling Client Access Point” after full and fair examination. The application that
`
`led to the ’584 Patent, U.S. Patent Application Ser. No. 16/579,169, was a continuation of U.S.
`
`Patent Application Ser. No. 15/712/780, which issued as U.S. Patent No. 10,447,819, which was
`
`a continuation of U.S. Patent Application Ser. No. 14/721,540, which issued as U.S. Patent No.
`
`9,774,703, which was a continuation of U.S. Patent Application Ser. No. 13/960,514, which
`
`issued as U.S. Patent No. 9,059,969, which was a continuation of U.S. Patent Application Ser.
`
`No. 12/950,321, which issued as U.S. Patent No. 8,539,047, which was a continuation of U.S.
`
`Patent Application Ser. No. 10/807,731, filed on March 23, 2004, which issued as U.S. Patent
`
`No. 7,861,006. A true and correct copy of the ’584 Patent is attached hereto as Exhibit B.
`
`6
`
`
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`Case 6:21-cv-01296-ADA-DTG Document 1 Filed 12/14/21 Page 7 of 105
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`IOENGINE is the assignee of all right, title, and interest in and to the ’819 Patent
`
`and the ’584 Patent (collectively, the “Patents-in-Suit”) and possesses all rights of recovery under
`
`the Patents-in-Suit, including the right to recover damages for past infringement.
`
`The Patents-in-Suit are valid, enforceable, and unexpired.
`
`ROKU’S INFRINGEMENT
`
`IOENGINE repeats, re-alleges, and incorporates by reference the preceding
`
`paragraphs as if fully set forth herein.
`
`As described below, Roku infringes claims of each of the Patents-in-Suit directly
`
`(alone or jointly), by making, using, selling, offering for sale, and importing into the United States
`
`certain products and services, and indirectly by contributing to and inducing direct infringement
`
`by others, by encouraging and instructing others to make and use such products and services in an
`
`infringing manner.
`
`More specifically, the infringing products include, but are not limited to, Roku’s
`
`Streaming Players, for example, Roku Express, Express+, Express 4K, Express 4K+, Premiere,
`
`Streaming Stick 4K, Streaming Stick 4K+, Streaming Stick+, Streambar, Streambar Pro, Smart
`
`Soundbar, Streaming Stick+ Headphone Edition, Ultra, and Ultra LT (collectively, the “Roku
`
`Streaming Players”); the Roku OS, and the Roku graphical user interface used with the Roku
`
`Streaming Players;8 products and systems incorporating the foregoing; and reasonably similar
`
`Roku portable products with streaming capabilities that embody the apparatuses or practice the
`
`8
`
`See, e.g., https://www.roku.com/products/players; https://www.roku.com/products/roku-premiere;
`https://www.roku.com/products/roku-express-plus; https://www.roku.com/products/streaming-stick-plus;
`https://www.walmart.com/ip/onn-Roku-Smart-Soundbar-with-built-in-4K-Streaming-Media-
`Player/642573197.
`
`7
`
`
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`Case 6:21-cv-01296-ADA-DTG Document 1 Filed 12/14/21 Page 8 of 105
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`methods claimed by each of the Patents-in-Suit (collectively, the “Roku Infringing Products”).
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`The Roku Infringing Products meet the limitations of at least one claim of each of the Patents-in-
`
`Suit literally and/or under the doctrine of equivalents.
`
`The Roku Infringing Products include portable device streaming players that are
`
`designed to communicate with a communications network that includes a communications
`
`network node, such as a Roku server, or a server associated with other streaming video or audio
`
`providers.9
`
`Roku instructs and encourages its customers, end-users, partners (including, but
`
`not limited to, developers, advertisers, affiliates, beta testers, and service providers10), and other
`
`third parties, including in this District, to use the Roku Infringing Products in a manner that
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`infringes at least one claim of each of the Patents-in-Suit, including by providing “an open
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`streaming platform,” on which “Roku welcomes publishers and developers to grow their audience
`
`with Roku.”11 Roku further instructs and encourages the infringing use of the Roku Infringing
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`Products, including in this District, by maintaining a Roku Developers website which offers
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`courses, demonstrations, a knowledge center, and developer tools and forums. See id. Roku also
`
`instructs and encourages the infringing use of the Roku Infringing Products, including in this
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`District, to present advertisement content through the Roku Advertising Framework, which “is
`
`built directly into the Roku SDK” and “enables the seamless integration of video advertising into
`
`9
`
`10
`
`11
`
`See, e.g. id.
`
`See, e.g., https://developer.roku.com/overview; https://advertising.roku.com/;
`https://www.roku.com/about/affiliate; https://www.roku.com/betatesting; https://www.roku.com/roku-
`powered.
`
`https://developer.roku.com/docs/developer-program/getting-started/roku-dev-prog.md.
`
`8
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`
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`Case 6:21-cv-01296-ADA-DTG Document 1 Filed 12/14/21 Page 9 of 105
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`your channels.”12 Roku additionally instructs and encourages its customers, partners, and other
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`third parties, including in this District, to use the Roku Infringing Products in a manner that
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`infringes at least one claim of each of the Patents-in-Suit by instructing and encouraging its
`
`customers, partners, and other third parties, including in this District, to use the Roku Infringing
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`Products to make payments using Roku’s payment platform.13 Roku’s payment platform
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`“provides … an end-to-end payment process” that, when “integrat[ed] in[to] a channel, … can
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`provide simple, streamlined workflows that enable customers to purchase and access content with
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`minimal interaction.”14 “Once customers add a method of payment to their Roku customer
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`account, they can subscribe to channels, rent movies, and purchase sporting events and pay-per-
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`views all directly on-device with just a few key presses from their Roku remote control.”15 Roku
`
`additionally instructs and encourages its customers, partners, and other third parties, including in
`
`this District, to use the Roku Infringing Products in a manner that infringes at least one claim of
`
`each of the Patents-in-Suit by instructing and encouraging its customers, partners, and other third
`
`parties, including in this District, to use the Roku Infringing Products to stream video and audio
`
`from services such as Waco City Cable Channel,16 Welcome to Waco,17 25 News KXXV and
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`https://developer.roku.com/docs/developer-program/advertising/roku-advertising-framework.md.
`
`See, e.g., https://developer.roku.com/docs/developer-program/roku-pay/how-roku-pay-works.md.
`
`Id.
`
`Id.
`
`https://channelstore.roku.com/details/85329433f23dfa4f3a65e09f93a2b794/waco-city-cable-channel.
`
`https://channelstore.roku.com/details/4f331cf3ab3a49b019315b0bfa68ff2f/welcome-to-waco.
`
`9
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`
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`Case 6:21-cv-01296-ADA-DTG Document 1 Filed 12/14/21 Page 10 of 105
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`KRHD,18 Austin News from KVUE,19 Austin News & Weather,20 Austin Public,21 Concertstream
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`– Austin,22 and The Roku Channel.23 Roku advertises that “[t]housands more channels for sports,
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`news, international, and kids programming plus broadcast channels … [a]nd major music services
`
`... are available.”24
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`FIRST COUNT FOR RELIEF
`(DIRECT INFRINGEMENT OF THE ’819 PATENT)
`
`IOENGINE repeats, re-alleges, and incorporates by reference the preceding
`
`paragraphs as if fully set forth herein.
`
`The ’819 Patent is presumed valid and Roku has had actual knowledge of the ’819
`
`Patent at least as early as the filing of this Complaint.
`
`Roku is not licensed under the ’819 Patent and has no other right or permission to
`
`practice the invention embodied therein.
`
`On information and belief, Roku has infringed and continues to infringe, directly
`
`(alone or jointly), literally, and/or under the doctrine of equivalents, in violation of 35 U.S.C. §
`
`271, one or more claims of the ’819 Patent by performing, without authority, one or more of the
`
`following acts: making, having made, using, importing, selling, and offering for sale in the United
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`https://channelstore.roku.com/details/8d7477688c88feb9157425a1905cdb08/25-news-kxxv-and-krhd.
`
`https://channelstore.roku.com/details/88f24a75a68aaef441c4b0dee518f2e8/austin-news-from-kvue.
`
`https://channelstore.roku.com/details/a96135987069487109a3eb0fd9c5d243/austin-news-and-weather.
`
`https://channelstore.roku.com/details/7d9530ac89d22f37f4d9866baba9338e/austin-public.
`
`https://channelstore.roku.com/details/037954b0aef8664b318ff977ffd666a9/concertstream-austin.
`
`https://therokuchannel.roku.com/.
`
`Id.
`
`10
`
`
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`Case 6:21-cv-01296-ADA-DTG Document 1 Filed 12/14/21 Page 11 of 105
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`States one or more products or services that embody the invention claimed in the ’819 Patent,
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`including but not limited to the Roku Infringing Products. Since at least after receiving notice of
`
`this Complaint, Roku has knowingly infringed, and continues to infringe, one or more claims of
`
`the ’819 Patent by making, having made, using, importing, selling, and offering for sale in the
`
`United States the Roku Infringing Products, which products constitute a material part of the
`
`invention and are not staple articles or commodities of commerce suitable for substantial non-
`
`infringing use.
`
`The Roku Infringing Products embody the patented invention of the ’819 Patent
`
`and infringe at least Claim 184 of the ’819 Patent.
`
`For example, each of the Roku Streaming Players is:
`
`to communicate with a
`“A portable device configured
`communications network comprising a communications network
`node and with a terminal comprising an output component
`configured to present an interactive user interface comprising at
`least one user interface element configured to be manipulated by a
`user to enable control of the portable device, the portable device
`comprising:
`
`a. a network interface configured to enable the transmission of
`communications between
`the portable device
`and
`the
`communications network node, wherein the communications
`comprise data content transmitted from the communications
`network node to the portable device;
`
`b. a communications interface configured to enable the transmission
`of communications between the portable device and the terminal,
`wherein the communications comprise a data content stream
`transmitted from the portable device to the terminal;
`
`c. a processor configured to stream data content for presentation by
`the terminal output component; and
`
`d. a memory having executable program code stored thereon,
`including:
`
`11
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`Case 6:21-cv-01296-ADA-DTG Document 1 Filed 12/14/21 Page 12 of 105
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`i. first program code which, when executed, presents an interactive
`user interface on the terminal output component, receives a
`command resulting from user manipulation of a user interface
`element of
`the
`interactive user
`interface, and causes a
`communication to the portable device processor in response to the
`command resulting from user manipulation of a user interface
`element of the interactive user interface;
`
`ii. second program code which, when executed by the portable
`device processor, enables the portable device to communicate with
`the communications network node;
`
`iii. third program code which, when executed by the portable device
`in response to a command resulting from user manipulation of a user
`interface element of the interactive user interface, causes a
`communication to be transmitted through the portable device
`network interface to the communications network node; and
`
`iv. fourth program code which, when executed by the portable
`device, processes data content received from the communications
`network node through the portable device network interface for
`transmission through the communications interface to the terminal
`and presentation by the terminal output component.”25
`
`Direct Infringement: Roku Streaming Players. The Roku Streaming Players
`
`are portable devices.
`
`The Roku Express streaming player is a portable device:
`
`25
`
`‘819 Patent, Claim 184.
`
`12
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`Case 6:21-cv-01296-ADA-DTG Document 1 Filed 12/14/21 Page 13 of 105
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`The Roku Express+ streaming player is a portable device:
`
`26
`
`26
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`https://www.roku.com/products/roku-express.
`
`13
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`
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`Case 6:21-cv-01296-ADA-DTG Document 1 Filed 12/14/21 Page 14 of 105
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`The Roku Express 4K streaming player is a portable device:
`
`27
`
`The Roku Express 4K+ streaming player is a portable device:
`
`28
`
`27
`
`28
`
`https://www.roku.com/products/roku-express-plus.
`
`https://www.roku.com/products/roku-express-4k.
`
`14
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`
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`Case 6:21-cv-01296-ADA-DTG Document 1 Filed 12/14/21 Page 15 of 105
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`The Roku Premier streaming player is a portable device:
`
`29
`
`29
`
`https://www.roku.com/products/roku-express-4k-plus.
`
`15
`
`
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`Case 6:21-cv-01296-ADA-DTG Document 1 Filed 12/14/21 Page 16 of 105
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`The Roku Streaming Stick+ streaming player is a portable device:
`
`30
`
`30
`
`https://www.roku.com/products/roku-premiere.
`
`16
`
`
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`Case 6:21-cv-01296-ADA-DTG Document 1 Filed 12/14/21 Page 17 of 105
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`31
`
`The Roku Streaming Stick 4K streaming player is a portable device. See, e.g.,
`
`“Roku® Streaming Stick® 4K … Powerful, portable streaming”32 See, e.g., id.: “If you’re looking
`
`for something more powerful and portable, Roku® Streaming Stick® 4K+ features brilliant 4K
`
`picture quality and a long-range Wi-Fi® receiver for smoother streaming.”
`
`31
`
`32
`
`https://www.roku.com/products/streaming-stick-plus.
`
`https://www.roku.com/products/players.
`
`17
`
`
`
`Case 6:21-cv-01296-ADA-DTG Document 1 Filed 12/14/21 Page 18 of 105
`
`The Roku Streaming Stick 4K+ streaming player is a portable device. See, e.g.,
`
`“Roku® Streaming Stick® 4K+ … Powerful, portable streaming.”34
`
`33
`
`33
`
`34
`
`https://www.roku.com/products/roku-streaming-stick-4k.
`
`https://www.roku.com/products/players.
`
`18
`
`
`
`Case 6:21-cv-01296-ADA-DTG Document 1 Filed 12/14/21 Page 19 of 105
`
`35
`
` The Roku Streaming Stick+ Headphone Edition streaming player is a portable
`
`device. See, e.g., “Roku® Streaming Stick®+ Headphone Edition … High-performance
`
`portability.”36
`
`35
`
`36
`
`https://www.roku.com/products/roku-streaming-stick-4k-plus.
`
`https://www.roku.com/products/players.
`
`19
`
`
`
`Case 6:21-cv-01296-ADA-DTG Document 1 Filed 12/14/21 Page 20 of 105
`
`The Roku Ultra LT streaming player is a portable device:
`
`37
`
`37
`
`https://www.roku.com/products/roku-streaming-stick-plus-headphone-edition.
`
`20
`
`
`
`Case 6:21-cv-01296-ADA-DTG Document 1 Filed 12/14/21 Page 21 of 105
`
`The Roku Ultra streaming player is a portable device:
`
`38
`
`39
`
`The Roku Streambar streaming player is a portable device:
`
`38
`
`39
`
`https://www.roku.com/products/roku-ultra-lt.
`
`https://www.roku.com/products/roku-ultra.
`
`21
`
`
`
`Case 6:21-cv-01296-ADA-DTG Document 1 Filed 12/14/21 Page 22 of 105
`
`The Roku Streambar Pro streaming player is a portable device:
`
`40
`
`40
`
`https://www.roku.com/products/audio/roku-streambar.
`
`22
`
`
`
`Case 6:21-cv-01296-ADA-DTG Document 1 Filed 12/14/21 Page 23 of 105
`
`The Roku Smart Soundbar streaming player is a portable device:
`
`41
`
`41
`
`https://www.roku.com/products/audio/roku-streambar-pro.
`
`23
`
`
`
`Case 6:21-cv-01296-ADA-DTG Document 1 Filed 12/14/21 Page 24 of 105
`
`42
`
`The Roku Streaming Players are configured to communicate, e.g., via WiFi or
`
`Ethernet, with a communications network comprising a communications network node, e.g., the
`
`Internet, comprising various servers, e.g., a Roku server or a server associated with other streaming
`
`video or audio providers, and to communicate, e.g., via HDMI, with a terminal comprising an
`
`output component, such as a television. See, e.g., “Simply plug your Roku player into your TV
`
`with an HDMI® Cable or directly, and then follow the on-screen prompts. You’ll need to create a
`
`Roku account in order to download and stream channels.”43 See also, e.g., “All Roku players and
`
`streaming sticks connect to your TV’s HDMI port.”44 See, e.g., id.: “Why do I need an Internet
`
`connection? Roku streaming players and Roku TVs need Internet access to stream content. They
`
`use wireless to connect to your home network, or you can choose a model that offers a wired
`
`Ethernet connector.”
`
`The Roku Streaming Players are configured
`
`to communicate with a
`
`communications network, e.g., the Internet, comprising a communications network node, such as
`
`a Roku server, or a server associated with other streaming video or audio providers, such as Waco
`
`42
`
`43
`
`44
`
`https://www.walmart.com/ip/onn-Roku-Smart-Soundbar-with-built-in-4K-Streaming-Media-
`Player/642573197.
`
`https://www.roku.com/products/players.
`
`https://www.roku.com/how-it-works.
`
`24
`
`
`
`Case 6:21-cv-01296-ADA-DTG Document 1 Filed 12/14/21 Page 25 of 105
`
`City Cable Channel,45 Welcome to Waco,46 25 News KXXV and KRHD,47 Austin News from
`
`KVUE,48 Austin News & Weather,49 Austin Public,50 and Concertstream – Austin.51 See, e.g.,
`
`“Why do I need an Internet connection? Roku streaming players and Roku TVs need Internet
`
`access to stream content. They use wireless to connect to your home network, or you can choose
`
`a model that offers a wired Ethernet connector.”52 See, e.g., id. (describing “streaming” as “the
`
`way video and audio content is delivered over the Internet [to a Roku Streaming Player]” and that
`
`Roku Streaming Players “bring the fun and convenience of streaming to your big-screen TV”):
`
`45
`
`46
`
`47
`
`48
`
`49
`
`50
`
`51
`
`52
`
`https://channelstore.roku.com/details/85329433f23dfa4f3a65e09f93a2b794/waco-city-cable-channel.
`
`https://channelstore.roku.com/details/4f331cf3ab3a49b019315b0bfa68ff2f/welcome-to-waco.
`
`https://channelstore.roku.com/details/8d7477688c88feb9157425a1905cdb08/25-news-kxxv-and-krhd.
`
`https://channelstore.roku.com/details/88f24a75a68aaef441c4b0dee518f2e8/austin-news-from-kvue.
`
`https://channelstore.roku.com/details/a96135987069487109a3eb0fd9c5d243/austin-news-and-weather.
`
`https://channelstore.roku.com/details/7d9530ac89d22f37f4d9866baba9338e/austin-public.
`
`https://channelstore.roku.com/details/037954b0aef8664b318ff977ffd666a9/concertstream-austin.
`
`https://www.roku.com/how-it-works.
`
`25
`
`
`
`Case 6:21-cv-01296-ADA-DTG Document 1 Filed 12/14/21 Page 26 of 105
`
`The Roku Streaming Players are configured to communicate, e.g., via HDMI, with
`
`a terminal comprising an output component, such as a television. See, e.g.: “Note: All Roku
`
`players and streaming sticks connect to your TV’s HDMI port”53 See also, e.g.: “Every Roku
`
`player is easy to set up …. Simply plug your Roku player into your TV with an HDMI® Cable or
`
`directly.”54 See also, e.g.: “HDMI (High-Definition Multimedia Interface®) is the standard for
`
`connecting today's high-definition equipment, transmitting audio, video, and communications
`
`between devices over a single connection. With one HDMI cable, you can connect a Blu-ray™
`
`player, game console, or Roku streaming player to your TV for optimal picture and sound, and
`
`also take advantage of other HDMI features that help simplify how you set up and use your
`
`53
`
`54
`
`https://www.roku.com/how-it-works.
`
`https://www.roku.com/products/players.
`
`26
`
`
`
`Case 6:21-cv-01296-ADA-DTG Document 1 Filed 12/14/21 Page 27 of 105
`
`entertainment system.”55 See also, e.g., “Enjoy smooth HD streaming on your TV at our best
`
`price. It’s easy to get started with the included High Speed HDMI® Cable.”56
`
`For example, the Roku Streaming Player Express has an HDMI connection for a
`
`television:
`
`a television:
`
`As another example, the Roku Streaming Player Ultra has an HDMI connection for
`
`57
`
`As another example, the Roku Streaming Player Streambar has an HDMI
`
`58
`
`connection for a television:
`
`55
`
`56
`
`57
`
`58
`
`https://support.roku.com/article/360033779694.
`
`https://www.roku.com/products/roku-express.
`
`Id.
`
`https://www.roku.com/products/roku-ultra.
`
`27
`
`
`
`Case 6:21-cv-01296-ADA-DTG Document 1 Filed 12/14/21 Page 28 of 105
`
`59
`
`The Roku Streaming Players are configured to communicate with a terminal
`
`comprising an output component, such as a television, that is configured to present an interactive
`
`user interface, such as the Roku graphical user interface or the graphical user interface of streaming
`
`video or audio providers, such as Waco City Cable Channel,60 Welcome to Waco,61 25 News
`
`KXXV and KRHD,62 Austin News from KVUE,63 Austin News & Weather,64 Austin Public,65
`
`Concertstream – Austin,66 and The Roku Channel,67 comprising at least one user interface element
`
`configured to be manipulated by a user to enable control of the Roku Streaming Players. See,
`
`e.g.:
`
`59
`
`60
`
`61
`
`62
`
`63
`
`64
`
`65
`
`66
`
`67
`
`https://www.roku.com/products/audio/roku-streambar.
`
`https://channelstore.roku.com/details/85329433f23dfa4f3a65e09f93a2b794/waco-city-cable-channel.
`
`https://channelstore.roku.com/details/4f331cf3ab3a49b019315b0bfa68ff2f/welcome-to-waco.
`
`https://channelstore.roku.com/details/8d7477688c88feb9157425a1905cdb08/25-news-kxxv-and-krhd.
`
`https://channelstore.roku.com/details/88f24a75a68aaef441c4b0dee518f2e8/austin-news-from-kvue.
`
`https://channelstore.roku.com/details/a96135987069487109a3eb0fd9c5d243/austin-news-and-weather.
`
`https://channelstore.roku.com/details/7d9530ac89d22f37f4d9866baba9338e/austin-public.
`
`https://channelstore.roku.com/details/037954b0aef8664b318ff977ffd666a9/concertstream-austin.
`
`https://therokuchannel.roku.com/.
`
`28
`
`
`
`Case 6:21-cv-01296-ADA-DTG Document 1 Filed 12/14/21 Page 29 of 105
`
`The Roku graphical user interface comprises at least one user interface element
`
`configured to be manipulated by a user to enable control of the Roku Streaming Player,
`
`including to browse and watch audio or video content. See, e.g.:
`
`68
`
`As another example, the Roku graphical user interface comprises at least one user
`
`interface element configured to be manipulated by a user to enable control of the Roku Streaming
`
`Players, including to update or add payment methods. See, e.g.:
`
`69
`
`68
`
`69
`
`https://www.roku.com/how-it-works.
`
`https://channelstore.roku.com/details/cca8151de08451c477c322d5e27cea3d/the-roku-channel.
`
`29
`
`
`
`Case 6:21-cv-01296-ADA-DTG Document 1 Filed 12/14/21 Page 30 of 105
`
`The Roku graphical user interface comprises at least one user interface element
`
`configured to be manipulated by a user to enable control of the Roku Streaming Players, including
`
`70
`
`70
`
`https://support.roku.com/article/208755978.
`
`30
`
`
`
`Case 6:21-cv-01296-ADA-DTG Document 1 Filed 12/14/21 Page 31 of 105
`
`to select and add channels. See, e.g.: “Just like your smartphone has an ‘app store’ for installing
`
`new applications, you can access the Roku Channel Store on your Roku® streaming player or
`
`Roku TV™ to add new ‘channels.’ … You can search the Channel Store on your Roku device …
`
`to find free movies and TV shows.”71 See also, e.g., id.: “Finding free channels using the Channel
`
`Store on your Roku device[.]
`
`1. Press the Home button … on your Roku remote.
`
`2. Scroll up or down and select Streaming Channels to open the Channel Store.
`
`3. Select Top Free to view the most popular free channels.
`
`4. Choose a channel and press the OK button … to view more options.
`
`5. To install the channel, select Add
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