Pragmatus AV, LLC v. Facebook, Inc. et al

Filing 102

AMENDED COMPLAINT against Facebook, Inc., Linkedin Corporation, Photobucket.com, Inc., YouTube, LLC. Filed byPragmatus AV, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D-Part 1, # 5 Exhibit D-Part 2, # 6 Exhibit D-Part 3, # 7 Exhibit E-Part 1, # 8 Exhibit E-Part 2, # 9 Exhibit E-Part 3, # 10 Exhibit F-Part 1, # 11 Exhibit F-Part 2, # 12 Exhibit F-Part 3, # 13 Exhibit G-Part 1, # 14 Exhibit G-Part 2, # 15 Exhibit G-Part 3)(Wasserman, Mark) (Filed on 4/20/2011) (Entered: 04/20/2011)

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David T. Pollock(SBN 217546)
REED SMITH LLP
101 Second Street, Suite 1800
San Francisco, CA 94105-3659
Telephone: [phone]
Facsimile: 415-391-8269

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Mark W. Wasserman (Admitted Pro Hac Vice)
Matthew R. Sheldon (Admitted Pro Hac Vice)
Brent R. Gary (Admitted Pro Hac Vice)
REED SMITH LLP
3110 Fairview Park Drive, Suite 1400
Falls Church, Virginia 22042
Telephone: [phone]
Facsimile: 703-641-4340

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Attorneys for Plaintiff, Pragmatus AV, LLC

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REED SMITH LLP

A limited liability partnership formed in the State of Delaware

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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San Francisco Division

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PRAGMATUS AV, LLC,
Plaintiff,

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No.: C11-00494-SI
AMENDED COMPLAINT FOR PATENT
INFRINGEMENT

vs.
FACEBOOK, INC., et al.,

JUDGE SUSAN ILLSTON

Defendants.

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JURY TRIAL DEMANDED

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Plaintiff Pragmatus AV, LLC, by counsel, files this amended complaint for patent
infringement and states as follows:
1.

Plaintiff originally filed this action on November 15, 2010 in the U.S. District Court

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for the Eastern District of Virginia, Civil Action No. 1:10-cv-1288 (LMB/JFA). On January 28,
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2011, that Court granted defendants' motion to transfer this action to this Court.
The Parties

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2.

Plaintiff Pragmatus AV, LLC ("Pragmatus") is a limited liability company organized

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and existing under the laws of the Commonwealth of Virginia with its principal place of business at

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601 North King Street, Alexandria, Virginia 22314.
No.: C11-00494-SI

–1–
Amended Complaint for Patent Infringement

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3.

Defendant Facebook, Inc. ("Facebook") is a corporation organized and existing under

the laws of the State of Delaware with its principal place of business at 1601 S. California Avenue,
Palo Alto, California 94304.

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4.

Defendant YouTube, LLC ("YouTube") is a limited liability company organized and

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REED SMITH LLP

A limited liability partnership formed in the State of Delaware

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existing under the laws of the State of Delaware with its principal place of business at 901 Cherry
Avenue, San Bruno, California 94066.
5.

Defendant LinkedIn Corporation ("LinkedIn") is a corporation organized and existing

under the laws of the State of Delaware with its principal place of business at 2029 Stierlin Court,
Mountain View, California 94043.
6.

Defendant Photobucket.com, Inc. ("Photobucket") is a corporation organized and

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existing under the laws of the State of Delaware with its principal place of business at 506 Second
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Avenue, Suite 300, Seattle, Washington 98104.
Jurisdiction and Venue

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7.

This is an action for patent infringement arising under the patent laws of the United

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States, United States Code, 35 U.S.C. § 271 et seq. This Court has subject matter jurisdiction over

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this action under Title 28, United States Code, §§ 1331 and 1338.

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8.

Facebook is subject to personal jurisdiction in this district because, among other

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things, it moved to transfer this action to this Court pursuant to 28 U.S.C. § 1404(a), wherein it
claimed that its "headquarters" was in the Northern District of California.
9.

YouTube is subject to personal jurisdiction in this district because, among other

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things, it moved to transfer this action to this Court pursuant to 28 U.S.C. § 1404(a), wherein it

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claimed that its "headquarters" was in the Northern District of California.

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No.: C11-00494-SI

–2–
Amended Complaint for Patent Infringement

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10.

LinkedIn is subject to personal jurisdiction in this district because, among other

things, it moved to transfer this action to this Court pursuant to 28 U.S.C. § 1404(a), wherein it
claimed that its "headquarters" was in the Northern District of California.

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11.

Photobucket is subject to personal jurisdiction in this district because, among other

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REED SMITH LLP

A limited liability partnership formed in the State of Delaware

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things, it moved to transfer this action to this Court pursuant to 28 U.S.C. § 1404(a), wherein it
alleged it maintained an office in San Francisco, California.
12.

Venue is proper under 28 U.S.C. §§ 1391 and 1400 because defendants have

committed acts of infringement in this district and division, and/or are deemed to reside in this
district and division.

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Patents-in-Suit

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13.

On November 9, 2010, the USPTO duly and legally issued United States Patent No.

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7,831,663 ("the '663 Patent"), entitled "Storage and Playback of Media Files." Pragmatus holds all

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right, title and interest in and to the '663 Patent. A true and correct copy of the '663 Patent is

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attached as Exhibit A.

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14.

On October 26, 2010, the USPTO duly and legally issued United States Patent No.

7,822,813 ("the '813 Patent"), entitled "Storing and Accessing Media Files." Pragmatus holds all
right, title, and interest in and to the '813 Patent. A true and correct copy of the '813 Patent is

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attached as Exhibit B.
15.

On June 1, 2010, the United States Patent and Trademark Office ("USPTO") duly and

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legally issued United States Patent No. 7,730,132 ("the '132 Patent"), entitled "Storing and

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Accessing Media Files." Pragmatus holds all right, title, and interest in and to the '132 Patent. A

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true and correct copy of the '132 Patent is attached as Exhibit C.

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No.: C11-00494-SI

–3–
Amended Complaint for Patent Infringement

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COUNT ONE
INFRINGEMENT BY FACEBOOK OF U.S. PATENT NO. 7,831,663

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16.

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through 15 above.

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17.

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Pragmatus incorporates by reference herein the averments set forth in paragraphs 1

Facebook has and continues to infringe the '663 Patent by making, using, offering for

sale and selling the patented invention(s) of claims 1, 2, 3, 4, 5, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17,
18, 19 and 20 thereof. Pragmatus has provided other and further details of Facebook's infringement

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of the '663 Patent in Plaintiff's Disclosure of Asserted Claims and Infringement Contentions to
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REED SMITH LLP

A limited liability partnership formed in the State of Delaware

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Facebook, Inc. (the "Pragmatus-Facebook Contentions") which Pragmatus served on all defendants

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on April 7, 2011. A complete copy of the Pragmatus-Facebook Contentions is attached hereto as

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Exhibit D and incorporated herein by reference. The Pragmatus-Facebook Contentions set forth the

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details of Pragmatus' infringement allegations against Facebook in connection with the '663 Patent,

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including, among other things, each claim that Pragmatus alleges is infringed and for each claim the

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applicable statutory subsections of 35 U.S.C. § 271 that Pragmatus is asserting; separately for each

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asserted claim the instrumentalities Pragmatus accuses of infringement; a chart identifying
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specifically where each limitation of each asserted claim is found within each accused

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instrumentality; the extent to which Pragmatus alleges direct, indirect and joint infringement; the

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extent to which Pragmatus alleges the infringement is literal or based on the doctrine of equivalents;

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the priority date to which Pragmatus believes each claim is entitled; and other information regarding

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Facebook's infringement of the '663 Patent.
18.

As a result of Facebook's acts of infringement, Pragmatus has suffered and will

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continue to suffer damages in an amount to be proved at trial.

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No.: C11-00494-SI

–4–
Amended Complaint for Patent Infringement

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COUNT TWO
INFRINGEMENT BY FACEBOOK OF U.S. PATENT NO. 7,822,813

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19.

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through 15 above.

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20.

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7

Pragmatus incorporates by reference herein the averments set forth in paragraphs 1

Facebook has and continues to infringe the '813 Patent by making, using, offering for

sale and selling the patented invention(s) of claims 1, 2, 3, 4, 5, 6, 7, 9, 10, 11, 12, 13, 14, 15, 16, 17,
19 and 20 thereof. Pragmatus has provided other and further details of Facebook's infringement of

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the '813 Patent in Plaintiff's Disclosure of Asserted Claims and Infringement Contentions to
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REED SMITH LLP

A limited liability partnership formed in the State of Delaware

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Facebook (the "Pragmatus-Facebook Contentions") which Pragmatus served on all defendants on

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April 7, 2011. A complete copy of the Pragmatus-Facebook Contentions is attached hereto as

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Exhibit D and incorporated herein by reference. The Pragmatus-Facebook Contentions set forth the

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details of Pragmatus' infringement allegations against Facebook in connection with the '813 Patent,

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including, among other things, each claim that Pragmatus alleges is infringed and for each claim the

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applicable statutory subsections of 35 U.S.C. § 271 that Pragmatus is asserting; separately for each

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asserted claim the instrumentalities Pragmatus accuses of infringement; a chart identifying
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specifically where each limitation of each asserted claim is found within each accused

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instrumentality; the extent to which Pragmatus alleges direct, indirect and joint infringement; the

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extent to which Pragmatus alleges the infringement is literal or based on the doctrine of equivalents;

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the priority date to which Pragmatus believes each claim is entitled; and other information regarding

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Facebook's infringement of the '813 Patent.
21.

As a result of Facebook's acts of infringement, Pragmatus has suffered and will

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continue to suffer damages in an amount to be proved at trial.

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No.: C11-00494-SI

–5–
Amended Complaint for Patent Infringement

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COUNT THREE
INFRINGEMENT BY FACEBOOK OF U.S. PATENT NO. 7,730,132

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22.

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through 15 above.

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23.

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Pragmatus incorporates by reference herein the averments set forth in paragraphs 1

Facebook has and continues to infringe the '132 Patent by making, using, offering for

sale and selling the patented invention(s) of claims 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16
and 17 thereof. Pragmatus has provided other and further details of Facebook's infringement of the

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'132 Patent in Plaintiff's Disclosure of Asserted Claims and Infringement Contentions to Facebook
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REED SMITH LLP

A limited liability partnership formed in the State of Delaware

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(the "Pragmatus-Facebook Contentions") which Pragmatus served on all defendants on April 7,

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2011. A complete copy of the Pragmatus-Facebook Contentions is attached hereto as Exhibit D and

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incorporated herein by reference. The Pragmatus-Facebook Contentions set forth the details of

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Pragmatus' infringement allegations against Facebook in connection with the '132 Patent, including,

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among other things, each claim that Pragmatus alleges is infringed and for each claim the applicable

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statutory subsections of 35 U.S.C. § 271 that Pragmatus is asserting; separately for each asserted

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claim the instrumentalities Pragmatus accuses of infringement; a chart identifying specifically where
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each limitation of each asserted claim is found within each accused instrumentality; the extent to

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which Pragmatus alleges direct, indirect or joint infringement; the extent to which Pragmatus alleges

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the infringement is literal or based on the doctrine of equivalents; the priority date to which

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Pragmatus believes each claim is entitled; and other information regarding Facebook's infringement

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of the '132 Patent.
24.

As a result of Facebook's acts of infringement, Pragmatus has suffered and will

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continue to suffer damages in an amount to be proved at trial.

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No.: C11-00494-SI

–6–
Amended Complaint for Patent Infringement

1

COUNT FOUR
INFRINGEMENT BY YOUTUBE OF U.S. PATENT NO. 7,831,663

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25.

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through 15 above.

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26.

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Pragmatus incorporates by reference herein the averments set forth in paragraphs 1

YouTube has and continues to infringe the '663 Patent by making, using, offering for

sale and selling the patented invention(s) of claims 1, 2, 3, 4, 5, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17,
18, 19 and 20 thereof. Pragmatus has provided other and further details of YouTube's infringement

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of the '663 Patent in Plaintiff's Disclosure of Asserted Claims and Infringement Contentions to
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REED SMITH LLP

A limited liability partnership formed in the State of Delaware

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YouTube (the "Pragmatus-YouTube Contentions") which Pragmatus served on all defendants on

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April 7, 2011. A complete copy of the Pragmatus-YouTube Contentions is attached hereto as

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Exhibit E and incorporated herein by reference. The Pragmatus-YouTube Contentions set forth the

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details of Pragmatus' infringement allegations against YouTube in connection with the '663 Patent,

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including, among other things, each claim that Pragmatus alleges is infringed and for each claim the

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applicable statutory subsections of 35 U.S.C. § 271 that Pragmatus is asserting; separately for each

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asserted claim the instrumentalities Pragmatus accuses of infringement; a chart identifying
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specifically where each limitation of each asserted claim is found within each accused

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instrumentality; the extent to which Pragmatus alleges direct, indirect or joint infringement; the

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extent to which Pragmatus alleges the infringement is literal or based on the doctrine of equivalents;

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the priority date to which Pragmatus believes each claim is entitled; and other information regarding

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YouTube's infringement of the '663 Patent.
27.

As a result of YouTube's acts of infringement, Pragmatus has suffered and will

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continue to suffer damages in an amount to be proved at trial.

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No.: C11-00494-SI

–7–
Amended Complaint for Patent Infringement

1

COUNT FIVE
INFRINGEMENT BY YOUTUBE OF U.S. PATENT NO. 7,822,813

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28.

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through 15 above.

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29.

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7

Pragmatus incorporates by reference herein the averments set forth in paragraphs 1

YouTube has and continues to infringe the '813 Patent by making, using, offering for

sale and selling the patented invention(s) of claims 1, 2, 3, 4, 5, 6, 7, 9, 11, 12, 13, 14, 15, 16, 17, 19
and 20 thereof. Pragmatus has provided other and further details of YouTube's infringement of the

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'813 Patent in Plaintiff's Disclosure of Asserted Claims and Infringement Contentions to YouTube
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REED SMITH LLP

A limited liability partnership formed in the State of Delaware

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(the "Pragmatus-YouTube Contentions") which Pragmatus served on all defendants on April 7,

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2011. A complete copy of the Pragmatus-YouTube Contentions is attached hereto as Exhibit E and

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incorporated herein by reference. The Pragmatus-YouTube Contentions set forth the details of

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Pragmatus' infringement allegations against YouTube in connection with the '813 Patent, including,

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among other things, each claim that Pragmatus alleges is infringed and for each claim the applicable

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statutory subsections of 35 U.S.C. § 271 that Pragmatus is asserting; separately for each asserted

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claim the instrumentalities Pragmatus accuses of infringement; a chart identifying specifically where
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each limitation of each asserted claim is found within each accused instrumentality; the extent to

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which Pragmatus alleges direct, indirect or joint infringement; the extent to which Pragmatus alleges

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the infringement is literal or based on the doctrine of equivalents; the priority date to which

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Pragmatus believes each claim is entitled; and other information regarding YouTube's infringement

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of the '813 Patent.
30.

As a result of YouTube's acts of infringement, Pragmatus has suffered and will

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continue to suffer damages in an amount to be proved at trial.

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No.: C11-00494-SI

–8–
Amended Complaint for Patent Infringement

1

COUNT SIX
INFRINGEMENT BY YOUTUBE OF U.S. PATENT NO. 7,730,132

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3

31.

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through 15 above.

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32.

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7

Pragmatus incorporates by reference herein the averments set forth in paragraphs 1

YouTube has and continues to infringe the '132 Patent by making, using, offering for

sale and selling the patented invention(s) of claims 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16
and 17 thereof. Pragmatus has provided other and further details of YouTube's infringement of the

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'132 Patent in Plaintiff's Disclosure of Asserted Claims and Infringement Contentions to YouTube
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REED SMITH LLP

A limited liability partnership formed in the State of Delaware

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(the "Pragmatus-YouTube Contentions") which Pragmatus served on all defendants on April 7,

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2011. A complete copy of the Pragmatus-YouTube Contentions is attached hereto as Exhibit E and

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incorporated herein by reference. The Pragmatus-YouTube Contentions set forth the details of

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Pragmatus' infringement allegations against YouTube in connection with the '132 Patent, including,

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among other things, each claim that Pragmatus alleges is infringed and for each claim the applicable

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statutory subsections of 35 U.S.C. § 271 that Pragmatus is asserting; separately for each asserted

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claim the instrumentalities Pragmatus accuses of infringement; a chart identifying specifically where
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each limitation of each asserted claim is found within each accused instrumentality; the extent to

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which Pragmatus alleges direct, indirect and joint infringement; the extent to which Pragmatus

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alleges the infringement is literal or based on the doctrine of equivalents; the priority date to which

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Pragmatus believes each claim is entitled; and other information regarding YouTube's infringement

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of the '132 Patent.
33.

As a result of YouTube's acts of infringement, Pragmatus has suffered and will

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continue to suffer damages in an amount to be proved at trial.

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No.: C11-00494-SI

–9–
Amended Complaint for Patent Infringement

1

COUNT SEVEN
INFRINGEMENT BY LINKEDIN OF U.S. PATENT NO. 7,831,663

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3

34.

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through 15 above.

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35.

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7

Pragmatus incorporates by reference herein the averments set forth in paragraphs 1

LinkedIn has and continues to infringe the '663 Patent by making, using, offering for

sale and selling the patented invention(s) of claims 1, 2, 3, 4, 5, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17,
18, 19 and 20 thereof. Pragmatus has provided other and further details of LinkedIn's infringement

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of the '663 Patent in Plaintiff's Disclosure of Asserted Claims and Infringement Contentions to
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REED SMITH LLP

A limited liability partnership formed in the State of Delaware

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LinkedIn (the "Pragmatus-LinkedIn Contentions") which Pragmatus served on all defendants on

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April 7, 2011. A complete copy of the Pragmatus-LinkedIn Contentions is attached hereto as

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Exhibit F and incorporated herein by reference. The Pragmatus-LinkedIn Contentions set forth the

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details of Pragmatus' infringement allegations against LinkedIn in connection with the '663 Patent,

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including, among other things, each claim that Pragmatus alleges is infringed and for each claim the

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applicable statutory subsections of 35 U.S.C. § 271 that Pragmatus is asserting; separately for each

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asserted claim the instrumentalities Pragmatus accuses of infringement; a chart identifying
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specifically where each limitation of each asserted claim is found within each accused

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instrumentality; the extent to which Pragmatus alleges direct, indirect and joint infringement; the

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extent to which Pragmatus alleges the infringement is literal or based on the doctrine of equivalents;

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the priority date to which Pragmatus believes each claim is entitled; and other information regarding

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23

LinkedIn's infringement of the '663 Patent.
36.

As a result of LinkedIn's acts of infringement, Pragmatus has suffered and will

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continue to suffer damages in an amount to be proved at trial.

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No.: C11-00494-SI

– 10 –
Amended Complaint for Patent Infringement

1

COUNT EIGHT
INFRINGEMENT BY LINKEDIN OF U.S. PATENT NO. 7,822,813

2
3

37.

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through 15 above.

5

38.

6
7

Pragmatus incorporates by reference herein the averments set forth in paragraphs 1

LinkedIn has and continues to infringe the '813 Patent by making, using, offering for

sale and selling the patented invention(s) of claims 1, 2, 3, 4, 5, 6, 7 and 9 thereof. Pragmatus has
provided other and further details of LinkedIn's infringement of the '813 Patent in Plaintiff's

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Disclosure of Asserted Claims and Infringement Contentions to LinkedIn (the "Pragmatus-LinkedIn
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REED SMITH LLP

A limited liability partnership formed in the State of Delaware

10

Contentions") which Pragmatus served on all defendants on April 7, 2011. A complete copy of the

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Pragmatus-LinkedIn Contentions is attached hereto as Exhibit F and incorporated herein by

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reference. The Pragmatus-LinkedIn Contentions set forth the details of Pragmatus' infringement

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allegations against LinkedIn in connection with the '813 Patent, including, among other things, each

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claim that Pragmatus alleges is infringed and for each claim the applicable statutory subsections of

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35 U.S.C. § 271 that Pragmatus is asserting; separately for each asserted claim the instrumentalities

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Pragmatus accuses of infringement; a chart identifying specifically where each limitation of each
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asserted claim is found within each accused instrumentality; the extent to which Pragmatus alleges

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direct, indirect or joint infringement; the extent to which Pragmatus alleges the infringement is literal

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or based on the doctrine of equivalents; the priority date to which Pragmatus believes each claim is

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entitled; and other information regarding LinkedIn's infringement of the '813 Patent.

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39.

As a result of LinkedIn's acts of infringement, Pragmatus has suffered and will

continue to suffer damages in an amount to be proved at trial.

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No.: C11-00494-SI

– 11 –
Amended Complaint for Patent Infringement

1

COUNT NINE
INFRINGEMENT BY LINKEDIN OF U.S. PATENT NO. 7,730,132

2
3

40.

4

through 15 above.

5

41.

6
7

Pragmatus incorporates by reference herein the averments set forth in paragraphs 1

LinkedIn has and continues to infringe the '132 Patent by making, using, offering for

sale and selling the patented invention(s) of claims 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 13, 14, 15, 16 and
17 thereof. Pragmatus has provided other and further details of LinkedIn's infringement of the '132

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Patent in Plaintiff's Disclosure of Asserted Claims and Infringement Contentions to LinkedIn (the
9

REED SMITH LLP

A limited liability partnership formed in the State of Delaware

10

"Pragmatus-LinkedIn Contentions") which Pragmatus served on all defendants on April 7, 2011. A

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complete copy of the Pragmatus-LinkedIn Contentions is attached hereto as Exhibit F and

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incorporated herein by reference. The Pragmatus-LinkedIn Contentions set forth the details of

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Pragmatus' infringement allegations against LinkedIn in connection with the '132 Patent, including,

14

among other things, each claim that Pragmatus alleges is infringed and for each claim the applicable

15

statutory subsections of 35 U.S.C. § 271 that Pragmatus is asserting; separately for each asserted

16
claim the instrumentalities Pragmatus accuses of infringement; a chart identifying specifically where
17
18

each limitation of each asserted claim is found within each accused instrumentality; the extent to

19

which Pragmatus alleges direct, indirect and joint infringement; the extent to which Pragmatus

20

alleges the infringement is literal or based on the doctrine of equivalents; the priority date to which

21

Pragmatus believes each claim is entitled; and other information regarding LinkedIn's infringement

22
23

of the '132 Patent.
42.

As a result of LinkedIn's acts of infringement, Pragmatus has suffered and will

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25

continue to suffer damages in an amount to be proved at trial.

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28
No.: C11-00494-SI

– 12 –
Amended Complaint for Patent Infringement

COUNT TEN
INFRINGEMENT BY PHOTOBUCKET OF U.S. PATENT NO. 7,831,663

1
2
43.

Pragmatus incorporates by reference herein the averments set forth in paragraphs 1

3
4
5

through 15 above.
44.

Photobucket has and continues to infringe the '663 Patent by making, using, offering

6

for sale and selling the patented invention(s) of claims 1, 2, 3, 4, 5, 8, 9, 10, 11, 12, 13, 14, 15, 16,

7

17, 18, 19 and 20 thereof. Pragmatus has provided other and further details of Photobucket's

8

infringement of the '663 Patent in Plaintiff's Disclosure of Asserted Claims and Infringement

9

Contentions to Photobucket (the "Pragmatus-Photobucket Contentions") which Pragmatus served on

REED SMITH LLP

A limited liability partnership formed in the State of Delaware

10
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all defendants on April 7, 2011. A complete copy of the Pragmatus-Photobucket Contentions is

12

attached hereto as Exhibit G and incorporated herein by reference. The Pragmatus-Photobucket

13

Contentions set forth the details of Pragmatus' infringement allegations against Photobucket in

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connection with the '663 Patent, including, among other things, each claim that Pragmatus alleges is

15

infringed and for each claim the applicable statutory subsections of 35 U.S.C. § 271 that Pragmatus

16

is asserting; separately for each asserted claim the instrumentalities Pragmatus accuses of

17
infringement; a chart identifying specifically where each limitation of each asserted claim is found
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19

within each accused instrumentality; the extent to which Pragmatus alleges direct, indirect and joint

20

infringement; the extent to which Pragmatus alleges the infringement is literal or based on the

21

doctrine of equivalents; the priority date to which Pragmatus believes each claim is entitled; and

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other information regarding Photobucket's infringement of the '663 Patent.

23
24

45.

As a result of Photobucket's acts of infringement, Pragmatus has suffered and will

continue to suffer damages in an amount to be proved at trial.

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28
No.: C11-00494-SI

– 13 –
Amended Complaint for Patent Infringement

COUNT ELEVEN –
INFRINGEMENT BY PHOTOBUCKET OF U.S. PATENT NO. 7,822,813

1
2
46.

Pragmatus incorporates by reference herein the averments set forth in paragraphs 1

3
4
5

through 15 above.
47.

Photobucket has and continues to infringe the '813 Patent by making, using, offering

6

for sale and selling the patented invention(s) of claims 1, 2, 3, 4, 5, 6, 7, 9, 11, 12, 13, 14, 15, 16, 17,

7

19 and 20 thereof. Pragmatus has provided other and further details of Photbucket's infringement of

8

the '813 Patent in Plaintiff's Disclosure of Asserted Claims and Infringement Contentions to

9

Photobucket (the "Pragmatus-Photobucket Contentions") which Pragmatus served on all defendants

REED SMITH LLP

A limited liability partnership formed in the State of Delaware

10
11

on April 7, 2011. A complete copy of the Pragmatus-Photobucket Contentions is attached hereto as

12

Exhibit G and incorporated herein by reference. The Pragmatus-Photobucket Contentions set forth

13

the details of Pragmatus' infringement allegations against Photobucket in connection with the '813

14

Patent, including, among other things, each claim that Pragmatus alleges is infringed and for each

15

claim the applicable statutory subsections of 35 U.S.C. § 271 that Pragmatus is asserting; separately

16

for each asserted claim the instrumentalities Pragmatus accuses of infringement; a chart identifying

17
specifically where each limitation of each asserted claim is found within each accused
18
19

instrumentality; the extent to which Pragmatus alleges direct, indirect and joint infringement; the

20

extent to which Pragmatus alleges the infringement is literal or based on the doctrine of equivalents;

21

the priority date to which Pragmatus believes each claim is entitled; and other information regarding

22

Photobucket's infringement of the '813 Patent.

23
24

48.

As a result of Photobucket's acts of infringement, Pragmatus has suffered and will

continue to suffer damages in an amount to be proved at trial.

25
26
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No.: C11-00494-SI

– 14 –
Amended Complaint for Patent Infringement

COUNT TWELVE
INFRINGEMENT BY PHOTOBUCKET OF U.S. PATENT NO. 7,730,132

1
2
49.

Pragmatus incorporates by reference herein the averments set forth in paragraphs 1

3
4
5

through 15 above.
50.

Photobucket has and continues to infringe the '132 Patent by making, using, offering

6

for sale and selling the patented invention(s) of claims 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15,

7

16 and 17 thereof. Pragmatus has provided other and further details of Photobucket's infringement

8

of the '132 Patent in Plaintiff's Disclosure of Asserted Claims and Infringement Contentions to

9

Photobucket (the "Pragmatus-Photobucket Contentions") which Pragmatus served on all defendants

REED SMITH LLP

A limited liability partnership formed in the State of Delaware

10
11

on April 7, 2011. A complete copy of the Pragmatus-Photobucket Contentions is attached hereto as

12

Exhibit G and incorporated herein by reference. The Pragmatus-Photobucket Contentions set forth

13

the details of Pragmatus' infringement allegations against Photobucket in connection with the '132

14

Patent, including, among other things, each claim that Pragmatus alleges is infringed and for each

15

claim the applicable statutory subsections of 35 U.S.C. § 271 that Pragmatus is asserting; separately

16

for each asserted claim the instrumentalities Pragmatus accuses of infringement; a chart identifying

17
specifically where each limitation of each asserted claim is found within each accused
18
19

instrumentality; the extent to which Pragmatus alleges direct, indirect and joint infringement; the

20

extent to which Pragmatus alleges the infringement is literal or based on the doctrine of equivalents;

21

the priority date to which Pragmatus believes each claim is entitled; and other information regarding

22

Photobucket's infringement of the '132 Patent.

23
24

51.

As a result of Photobucket's acts of infringement, Pragmatus has suffered and will

continue to suffer damages in an amount to be proved at trial.

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27
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No.: C11-00494-SI

– 15 –
Amended Complaint for Patent Infringement

1

Demand for Jury Trial

2

Pragmatus hereby demands a trial by jury on all issues triable by jury.

3

Prayer for Relief

4
WHEREFORE, Pragmatus requests a judgment:
5
6

A.

7,822,813 and 7,730,132;

7
8

B.

9

REED SMITH LLP

A limited liability partnership formed in the State of Delaware

10

That defendants have infringed one or more of United States Patent Nos. 7,831,663,

That United States Patent Nos. 7,831,663, 7,822,813 and 7,730,132 are valid and
enforceable in law;

C.

11

Awarding to Pragmatus its damages caused by defendants' infringement of United
States Patent Nos. 7,831,663, 7,822,813 and 7,730,132, including an assessment of

12
pre-judgment and post-judgment interest and costs;
13
14

D.

pursuant to 35 U.S.C. § 285; and

15
16
17

That this is an exceptional case and awarding Pragmatus its reasonable attorneys' fees

E.

Awarding Pragmatus such other and further relief as this Court may deem just and
proper.

18

PRAGMATUS AV, LLC
By Counsel

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20

REED SMITH LLP

21
22

By

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24

/s/ David T. Pollock
David T. Pollock (SBN 217546)
Email: [e-mail]
Attorney for Plaintiff, Pragmatus AV, LLC

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No.: C11-00494-SI

– 16 –
Amended Complaint for Patent Infringement

1
CERTIFICATE OF SERVICE
2
I hereby certify that on this 20th day of April, 2011, the foregoing document was
3
4
5

electronically filed with the Clerk of the Court using the CM/ECF system, which will then send a
notification of such filing (NEF) to the following:
Heidi Lyn Keefe, Esq.
Matthew P. Gubiotti, Esq.
Mark R. Weinstein, Esq.
Cooley LLP
3175 Hanover Street
Palo Alto, California 94304
[e-mail]
[e-mail]
[e-mail]
Counsel for Defendant, Facebook, Inc.

6
7
8
9

REED SMITH LLP

A limited liability partnership formed in the State of Delaware

10
11

Robin Lynn Brewer, Esq.
Stefani Elise Shanberg, Esq.
Richard Gregory Frenkel, Esq.
Wilson, Sonsini, Goodrich & Rosati
650 Page Mill Road
Palo Alto, California 94304
[e-mail]
[e-mail]
[e-mail]
Counsel for Defendant, YouTube, LLC

12
13
14
15
16

Daralyn Jean Durie, Esq.
Joseph C. Gratz, Esq.
Clement Seth Roberts, Esq.
Durie Tangri LLP
217 Leidesdorff Street
San Francisco, California 94111
[e-mail]
[e-mail]
[e-mail]
Counsel for Defendant, LinkedIn Corporation

17
18
19
20
21
22

John A. O'Malley, Esq. (Bar #101181)
Aaron D. Gopen (Bar #268451)
Fulbright & Jaworski LLP
555 South Flower Street
Forty-First Floor
Los Angeles, California 90071
[e-mail]
[e-mail]
Counsel for Defendant, Photobucket.com, Inc.

23
24
25
26
27
28
No.: C11-00494-SI

– 17 –
Amended Complaint for Patent Infringement

David M. Foster, Esq.
Kimberly S. Walker, Esq.
Fulbright & Jaworski LLP
801 Pennsylvania Avenue, N.W.
Washington, D.C. 20004-2623
[e-mail]
[e-mail]
Counsel for Defendant, Photobucket.com, Inc.

1
2
3
4
5

Justin P.D. Wilcox, Esq.
Scott A. Cole, Esq.
Cooley LLP
One Freedom Square
Reston Town Center
11951 Freedom Drive
Reston, VA 20190-5656
[e-mail]
[e-mail]
Counsel for Defendant, Facebook, Inc.

6
7
8
9

REED SMITH LLP

A limited liability partnership formed in the State of Delaware

10

Dan Duncan Davison, Esq.
Miriam Latorre Quinn, Esq.
Fulbright & Jaworski LLP
2200 Ross Avenue
Suite 2800
Dallas, Texas 75201
[e-mail]
[e-mail]
Counsel for Defendant, Photobucket.com, Inc.

11
12
13
14
15

George W. Jordan, III, Esq.
Richard S. Zembek, Esq.
Fulbright & Jaworski LLP
1301 McKinney, Suite 5100
Houston, Texas 77010-3095
[e-mail]
[e-mail]
Counsel for Defendant, Photobucket.com, Inc.

16
17
18
19
20

Veronica S. Ascarrunz, Esq.
Larry L. Shatzer, Esq.
Wilson, Sonsini, Goodrich & Rosati
1700 K Street, N.W.
Fifth Floor
Washington, D.C. 200006-3817
[e-mail]
[e-mail]
Counsel for Defendant, YouTube, LLC

21
22
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24
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26
27
28
No.: C11-00494-SI

– 18 –
Amended Complaint for Patent Infringement

Michael G. Rhodes, Esq.
Cooley LLP
101 California Street, 5th Floor
San Francisco, California 94111-5800
[e-mail]
Counsel for Defendant, Facebook, Inc.

1
2
3
4
5
6
7

10

/s/ David T. Pollock
David T. Pollock
Reed Smith LLP
101 Second Street
Suite 1800
San Francisco, California 94105-3659

11

Counsel for Plaintiff, Pragmatus AV, LLC

8

REED SMITH LLP

A limited liability partnership formed in the State of Delaware

9

12
13
14
15
16
17
18
19
20
21
22
23
24
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27
28
No.: C11-00494-SI

– 19 –
Amended Complaint for Patent Infringement