Gotuit Media Corporation v. Microsoft Corporation

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SPENCER HOSIE (CA Bar No. 101777) [e-mail] BRUCE WECKER (CA Bar No. 078530) [e-mail] GEORGE F. BISHOP (CA Bar No. 89205) [e-mail] HOSIE RICE LLP One Market, 22nd Floor San Francisco, CA 94105 [phone] Tel. [phone] Fax

Attorneys for Plaintiff 8 GOTUIT MEDIA CORPORATION

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v. GOTUIT MEDIA CORPORATION, Plaintiff, Case No. CV 08-3179 CRB ORIGINAL COMPLAINT AND DEMAND FOR JURY TRIAL Defendant. UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

16 MICROSOFT CORPORATION, 17 18 19 20 21 22 23 24 25 26 27 28
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Plaintiff Gotuit Media Corp. ("Gotuit" or "Plaintiff") hereby files its complaint

2 against Defendant Microsoft Corporation ("Microsoft" or "Defendant") for patent 3 infringement. For its complaint, Plaintiff alleges, on personal knowledge as to its own acts 4 and on information and belief as to all other matters, as follows: 5 6 7 8
1. PARTIES Gotuit is a corporation organized under the laws of the State of Delaware

and having its principal place of business in Woburn, Massachusetts. Gotuit is and at all

9 pertinent times was the assignee and owner of the patents at issue in this case. 10
2. Defendant Microsoft is incorporated under the laws of the State of

11 Washington and has its principal place of business in Redmond, Washington. 12 13 14 15 16
3. JURISDICTION AND VENUE This complaint asserts a cause of action for patent infringement under the

Patent Act, 35 U.S.C. § 271. This Court has subject matter jurisdiction over this matter by virtue of 28 U.S.C. § 1338(a). Venue is proper in this Court by virtue of 28 U.S.C. §

17 1391(b) and (c) and 28 U.S.C. § 1400(b), in that Microsoft may be found in this district, 18 Microsoft has committed acts of infringement in this district and a substantial part of the 19 events or omissions giving rise to the claim occurred and a substantial part of property 20 that is the subject of the action is situated in this district. 21 4. This Court has personal jurisdiction over Microsoft because it provides 22 infringing products and services in the Northern District of California. 23 INTRADISTRICT ASSIGNMENT 24 25
5. Pursuant to Civil LR 3-2(c), this case should be subject to district-wide

26 assignment because it is an Intellectual Property Action. 27 28
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BACKGROUND The Gotuit Technology And Patents Gotuit has developed innovative technology and products for the

4 enhancement, personalization and monetization of video and other media. Gotuit's 5 6 7 8
technology employs, among other things, metadata for describing scenes within a video file and tagging of these metadata-enhanced scenes to enable enhanced video viewing, search and navigation, all without altering the underling video file. Gotuit's products,

9 including its VideoPlayer, VideoMixer, VideoMarker, and VideoDiscovery, incorporate 10 this technology in order to provide superior navigation, video search, targeted 11 advertising, personalized viewing, and virtual remixing. 12 13 14 15 16
7. Gotuit's technology has been disclosed in patents including: U.S Patent No.

5,892,536 ("'536 Patent"), entitled Systems and Methods for Computer Enhanced Broadcast Monitoring, issued on April 6, 1999; U.S. Patent No. 5,986,692 ("'692 Patent") entitled Systems and Methods for Computer Enhanced Broadcast Monitoring, issued on November

17 16, 1999; U.S. Patent No. 7,055,166 ("'166 Patent"), entitled Apparatus and Methods for 18 Broadcast Monitoring, issued May 30, 2006. True and correct copies of the '536 Patent, 19 '692 Patent, and '166 Patent (collectively the "Patents in Suit" or "Patents") are attached as 20 Exhibits A-C respectively. Plaintiff is the legal and rightful owner of each of the Patents 21 identified above. These Patents disclose unique and novel systems, methods and apparatus 22 for monitoring video and other programming, integrating programming signals with selected 23 additional programming signals, and further enhancing the integrated signals to provide 24 25 programming that is tailored to individual demands, including systems, methods and 26 apparatus for video enhancing with metadata tags in order to enable video search and 27 navigation and provide a personalized viewing experience with targeted advertising. 28
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Microsoft's Infringing Goods And Services Microsoft recently introduced its "Silverlight" product, which it describes as a

3 "cross-browser, cross-platform implementation . . . for building and delivering the next 4 generation of media experiences and rich interactive applications (RIA) for the Web. 5 6 7 8
Silverlight unifies the capabilities of the server, the Web, and the desktop," resulting in a platform that allows the creation of "cutting-edge applications" including streaming video and audio. The Silverlight "media ecosystem" (referred-to herein collectively as

9 "Silverlight") includes Microsoft Expression Studio, for authoring and publishing media 10 experiences, Microsoft Windows Server, for distribution, and Microsoft Silverlight, for client 11 presentation and display. Microsoft will also, in connection with Silverlight, offer the 12 Microsoft Silverlight by Windows Live service, a hosting and streaming solution for 13 14 15 16
delivering the "rich interactive applications" created with Silverlight. Silverlight, like Gotuit's patented technology and products, provides for video enhancing with metadata tags in order to enable video search and navigation and provide a personalized viewing

17 experience with targeted advertising. 18
9. In the coming summer of 2008, Microsoft's MSN will present 2,200 hours of

19 live Summer Olympic coverage, and over 3,000 hours of on-demand Olympic video 20 coverage, on NBCOlympics.com on MSN. This Olympic coverage will be "powered using 21 Microsoft's Silverlight technology." Microsoft and MSN, in a "strategic alliance" with 22 NBC, will deliver a "next generation online experience for Olympic fans across the United 23 States." MSN.com will deliver more than 20 simultaneous live video streams at peak times, 24 25 while the on-demand video content will include "full-event replays, highlights, features, 26 interviews and encore packages." Using, Silverlight , metadata markers will be added to 27 28
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Olympic video, which will be re-broadcast with an index, so that the viewing experience can

2 be customized in order to match individual viewing preferences. 3 4 5 6 above. 7 8 9 10 11 12
11. 12. Plaintiff is the owner of the Patents in Suit. Microsoft has infringed and is still infringing the Patents in Suit by, without 10. COUNT I (Patent Infringement) Plaintiff incorporates by reference the allegations of paragraphs 1 through 9

authority, consent, right or license, and in direct infringement of the Patents in Suit, making, using, offering for sale and/or selling products using the methods, systems and apparatus claimed in the Patents in Suit in this country. This conduct constitutes infringement under 35

13 U.S.C. § 271(a). 14
13. In addition, Microsoft has infringed and is still infringing the Patents in Suit in

15 this country, through, inter alia, its active inducement of others to make, use, and/or sell the 16 systems, products and methods claimed in one or more claims of the Patents in Suit. This 17 conduct constitutes infringement under 35 U.S.C. § 271(b). 18 14. In addition, Microsoft has infringed and is still infringing the Patents in Suit in 19 this country through, inter alia, providing and selling goods and services designed for use in 20 21 practicing one or more claims of the Patents, where the goods and services constitute a 22 material part of the invention and are not staple articles of commerce, and which have no use 23 other than infringing one or more claims of the Patents. Microsoft has committed these acts 24 25 26 27 28
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with knowledge that the goods and services it provides are specially made for use in a manner that directly infringes the Patents. This conduct constitutes infringement under 35 U.S.C. § 271(c).

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Microsoft's infringing conduct is unlawful and willful. Microsoft's willful

2 conduct makes this an exceptional case as provided in 35 U.S.C. § 285. 3
16. As a result of Microsoft's infringement, Plaintiff has been damaged, and will

4 continue to be damaged, until Microsoft is enjoined from further acts of infringement. 5 6 7 8 9 10
17. Microsoft will continue to infringe the Patents unless enjoined by this Court.

Plaintiff faces real, substantial and irreparable damage and injury of a continuing nature from Microsoft's infringement for which Plaintiff has no adequate remedy at law. WHEREFORE, Plaintiff prays: (a) That this Court find Microsoft has committed acts of patent infringement

11 under the Patent Act, 35 U.S.C. § 271; 12 13 14 15 16
(c) (b) That this Court enter judgment that: (i) (ii) The Patents are valid and enforceable and; Microsoft has willfully infringed the Patents;

That this Court issue a preliminary and final injunction enjoining

17 Microsoft, its officers, agents, servants, employees and attorneys, and any other person in 18 active concert or participation with them, from continuing the acts herein complained of, 19 and more particularly, that Microsoft and such other persons be permanently enjoined 20 and restrained from further infringing the Patents; 21 (d) That this Court require Microsoft to file with this Court, within thirty (30) 22 days after entry of final judgment, a written statement under oath setting forth in detail 23 the manner in which Microsoft has complied with the injunction; 24 25
(e) That this Court award Plaintiff the damages to which it is entitled due to

26 Microsoft's patent infringement, with both pre-judgment and post-judgment interest; 27 28
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(f)

That Microsoft's infringement of the Patents be adjudged willful and that

2 the damages to Plaintiff be increased by three times the amount found or assessed 3 pursuant to 35 U.S.C. § 284; 4 5 6 7 8 9
(g) That this be adjudged an exceptional case and that Plaintiff be awarded its

attorney's fees in this action pursuant to 35 U.S.C. § 285; (h) That this Court award Plaintiff its costs and disbursements in this civil

action, including reasonable attorney's fees; and (i) That this Court grant Plaintiff such other and further relief, in law or in

10 equity, both general and special, to which it may be entitled. 11 Dated: July 2, 2008 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
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Respectfully submitted,

__/s/ Bruce Wecker____________________ SPENCER HOSIE (CA Bar No. 101777) [e-mail] BRUCE WECKER (CA Bar No. 078530) [e-mail] GEORGE F. BISHOP (CA Bar No. 89205) [e-mail] HOSIE RICE LLP One Market, 22nd Floor San Francisco, CA 94105 [phone] Tel. [phone] Fax Attorneys for Plaintiff GOTUIT MEDIA CORPORATION

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1 2 3 4 Dated: July 2, 2008 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

DEMAND FOR JURY TRIAL Plaintiff, by its undersigned attorneys, demands a trial by jury on all issues so triable.

Respectfully submitted,

_/s/ Bruce Wecker __________________ SPENCER HOSIE (CA Bar No. 101777) [e-mail] BRUCE WECKER (CA Bar No. 078530) [e-mail] GEORGE F. BISHOP (CA Bar No. 89205) [e-mail] HOSIE RICE LLP One Market, 22nd Floor San Francisco, CA 94105 [phone] Tel. [phone] Fax Attorneys for Plaintiff GOTUIT MEDIA CORPORATION

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