Streetspace, Inc v. Google, Inc. et al
Filing
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First AMENDED COMPLAINT with Jury Demand First Amended Complaint against All Defendants, filed by Streetspace, Inc. (Attachments: # 1 Exhibit A) (Coddington, Trevor) (lmt).
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DOUGLAS E. OLSON (CSB NO. 38649)
dougolson@sandiegoiplaw.com
JAMES V. FAZIO, III (CSB NO. 183353)
jamesfazio@sandiegoiplaw.com
TREVOR Q. CODDINGTON, PH.D. (CSB NO. 243042)
trevorcoddington@sandiegoiplaw.com
SAN DIEGO IP LAW GROUP LLP
12526 High Bluff Drive, Suite 300
San Diego, CA 92130
Telephone: (858) 792-3446
Facsimile: (858) 792-3447
Attorneys for Plaintiff
STREETSPACE, INC.
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UNITED STATES DISTRICT COURT
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SOUTHERN DISTRICT OF CALIFORNIA
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STREETSPACE, INC., a Delaware
corporation,
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FIRST AMENDED COMPLAINT FOR
PATENT INFRINGEMENT
Plaintiff,
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CASE NO. 3:10-CV-01757-LAB-AJB
vs.
DEMAND FOR JURY TRIAL
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GOOGLE INC., a Delaware corporation;
ADMOB, INC., a Delaware corporation;
APPLE INC., a California corporation;
QUATTRO WIRELESS, INC., a Delaware
corporation; NOKIA CORPORATION, a
foreign corporation; NOKIA INC., a
Delaware corporation; NAVTEQ
CORPORATION, a Delaware corporation;
MILLENNIAL MEDIA, INC., a Delaware
corporation; JUMPTAP, INC., a Delaware
corporation; and DOES 1 through 20,
inclusive,
Judge: Hon. Larry A. Burns
Action Filed: August 23, 2010
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Defendants.
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FIRST AMENDED COMPLAINT
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Plaintiff Streetspace, Inc. (“Streetspace” or “Company”) hereby submits, as matter of
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right, its First Amended Complaint against Google Inc.; Admob, Inc.; Apple Inc.; Quattro
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Wireless, Inc.; Nokia Corporation; Nokia Inc.; NAVTEQ Corporation; Millennial Media, Inc.;
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Jumptap, Inc.; and DOES 1 through 20 (collectively “Defendants”), and alleges as follows:
INTRODUCTION
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1.
This action involves patented technology relating to the facilitation, delivery, and
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display of a personalized Internet experience and personalized location-based services including,
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among other things, targeted advertising to consumers. Targeted advertising is a type of
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advertising whereby advertisements are intelligently selected for display on a consumer’s
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Internet-enabled terminal by analyzing collected consumer data, which may include a consumer’s
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private and confidential information such as, but not limited to, a consumer’s profile, terminal
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location, and/or terminal usage history, e.g., the consumer’s online behavior or past clickstream.
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2.
The Federal Trade Commission generally defines “consumer data” as data that can
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be “reasonably linked to a specific consumer, computer, or other device.” See Protecting
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Consumer Privacy in an Era of Rapid Change – A Proposed Framework for Businesses and
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Policymakers, Preliminary FTC Staff Report, Federal Trade Commission (December 2010).
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“Consumers live in a world where information is collected about their purchasing behavior,
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online browsing habits, and other online and offline activity is collected, analyzed, combined,
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used, and shared, often instantaneously and invisibly.” See id. at i.
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All Defendants collect, analyze, use, and/or share consumer data to identify (or at
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least predict) the needs and desires of consumers, including without limitation those located in or
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passing through San Diego, California. Defendants tap into vast databases of consumers’ online
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behavior, which are mainly gathered surreptitiously by tracking technologies that have become
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ubiquitous on web sites and in application software (a.k.a., “application” or “app”) associated
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with consumer terminals, e.g., handheld computers such as smartphones. Consumer data
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including online behavior is often collected without the respective consumer’s knowledge or
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consent. Using statistical analysis, Defendants are able to make assumptions about the proclivities
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of an online consumer.
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4.
The Defendants are transforming the Internet into a place where online consumers
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are becoming anonymous in name only. In general, the more consumer data – particularly
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personal data – Defendants collect, the more they can charge for targeted advertising.
PLAINTIFF STREETSPACE
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Streetspace is a corporation organized and existing under the laws of the State of
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Delaware with its principal place of business located at 702 Level 7, Uptown 2, No. 2 Jalan SS
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21/37, Damansara Uptown, 47400 Petaling Jaya, Selangor, Malaysia, www.streetspace.com.
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Streetspace designs and develops products and services capable (among other things) of
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delivering personalized, targeted advertisements and location-based services over the Internet.
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On January 25, 2005, the United States Patent & Trademark Office (“USPTO”)
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duly and lawfully issued U.S. Patent No. 6,847,969, entitled “Method and System for Providing
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Personalized Online Services and Advertisements in Public Spaces” (hereinafter “the ‘969
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patent”). A true and correct copy of the ‘969 patent is attached hereto as Exhibit A. The ‘969
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patent was filed as PCT International Application No. PCT/US00/11840 on May 3, 2000, and
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claims priority to United States Provisional Patent Application Nos. 60/132,168 and 60/160,760,
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filed on May 3, 1999, and October 21, 1999, respectively.
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In or about October, 1999, Streetspace deployed a network of terminals throughout
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Berkeley, California at various bookstores, retail stores, cafés and restaurants. The terminals,
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which were referred to as “Street Linc” terminals at the time, provided users with free e-mail
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access, web browsing, social community conversation, and personalized online information.
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Within just a few weeks, Streetspace had over 30,000 registered users—approximately one-third
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of the city’s population. Streetspace continued to grow its user base throughout California from
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San Francisco to San Jose, installing terminals at various high-traffic locations, including
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McDonald’s restaurants, Tower Records, and the AT&T Baseball Park (then known as Pac Bell
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Park). Importantly, Street Linc terminals also displayed advertisements, which were dynamically
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selected based on terminal location, time, a user’s profile, and/or a user’s recorded usage of the
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Street Linc terminals.
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The Street Linc terminal was envisioned with the idea that users would be able to
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simply “walk up to the Web” in thousands of retail locations, shopping malls, banks, transit hubs,
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restaurants, cafés and places of interest for quick check-ins for email, information, or online
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services to users “on the go.” The Street Linc terminal engages users at the point they are most
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likely to conduct a retail transaction, book a ticket, or make a purchase query.
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IDEO, a design and innovation consulting firm, provided industrial design for the
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Street Linc terminal. IDEO is known for creating Apple’s first mouse. Streetspace was awarded
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U.S. Design Patent Nos. D433,679 and D451,916, on November 14, 2000, and December 11,
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2001, respectively, for the innovative design of the Street Linc terminal.
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Street Linc terminals were also deployed during the 2002 Winter Olympic Games
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in the Olympic Village at Salt Lake City, Utah. Users were able to browse information on sports
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venues, events and results as well as general information such as hotels and tourist sites in Salt
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Lake City.
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Streetspace currently markets and sells terminals under the brand name, The Web
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Station™. Streetspace Web Stations are deployed as Internet banking terminals by leading
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Malaysian banks such as Maybank, CIMB Bank and AFFIN Bank. Streetspace Web Stations are
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also deployed by the Ministry of Human Resources, Malaysia.
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Another of Streetspace’s premier, licensed products is Streetpartner™, which is a
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web-based network management tool that allows Streetspace customers to remotely operate Web
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Stations. Streetpartner also allows network managers, businesses and retailers to monitor and
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analyze users’ locations, profiles, and network usage histories, thus enabling them to deliver
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personalized content (such as targeted advertising and/or location-based services) across the Web
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Station network. Indeed, Streetspace markets its technology as providing retailers and partners
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with the opportunity to deliver targeted and/or personalized advertisements to specific customers
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based on user profile, usage history, time, and/or location.
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Streetspace continues to license Streetpartner and sell terminals.
DEFENDANT GOOGLE
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Streetspace is informed and believes and based thereon alleges that defendant
Google Inc. (“Google”) is a corporation organized and existing under the laws of the State of
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Delaware with its principal place of business at 1600 Amphitheatre Parkway, Mountain View,
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California 94043.
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Streetspace is informed and believes and based thereon alleges that Google is in
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the business (among other things) of collecting, analyzing, using, and/or sharing (with third
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parties) consumer data to facilitate and/or deliver a personalized Internet experience including,
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among other things, targeted advertising (such as those represented by or associated with
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Google’s AdSense, AdWords, and Google Mobile Ads) and other personalized location-based
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services to consumers. According to Google’s Privacy Policy (March 11, 2009), Google collects,
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among other things, personal information, log information, and location data for the purpose of
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“providing our services, including the display of customized content and advertising.”
DEFENDANT ADMOB
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Streetspace is informed and believes and based thereon alleges that defendant
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Admob, Inc. (“Admob”) is a corporation organized and existing under the laws of the State of
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Delaware with its principal place of business at 1600 Amphitheatre Parkway, Mountain View,
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CA 94043.
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Streetspace is informed and believes and based thereon alleges that Google
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acquired Admob for $750 million in April 2010. Defendant Apple Inc. had also expressed
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interest in purchasing Admob the same year, but was out-bid by Google.
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Streetspace is informed and believes and based thereon alleges that Google directs
and/or controls, and is jointly and severally liable for, the infringing activities of Admob.
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Streetspace is informed and believes and based thereon alleges that Admob is in
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the business of (among other things) collecting, analyzing, using, and/or sharing (with third
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parties) consumer data to facilitate and/or deliver a personalized Internet experience including
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targeted advertising to consumers. According to Admob’s Privacy Policy (October 30, 2009),
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Admob provides mobile advertising services to advertisers and publishers. AdMob collects
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certain information about visitors to publishers’ sites that connect to the Admob mobile
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advertising services. Admob automatically collects and receives information about those visitors
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such as, but not limited to, browser identifiers, session information, browser cookies, device type,
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carrier provider, IP addresses, unique device ID, carrier user ID, geo-location information, sites
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visited and clicked-on advertisements displayed. Admob may track that information over time
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and over multiple publishers’ sites and use non-personally identifiable information collected from
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such visitors to provide reports to advertisers and others and to help Admob display
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advertisements that may be of interest to visitors.
DEFENDANT APPLE
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Streetspace is informed and believes and based thereon alleges that defendant
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Apple Inc. (“Apple”) is a corporation organized and existing under the laws of the State of
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California with its principal place of business at 1 Infinite Loop, M/S 3-PAT, Cupertino,
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California 95014.
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Streetspace is informed and believes and based thereon alleges that Apple is in the
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business (among other things) of collecting, analyzing, using, and/or sharing (with third parties)
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consumer data to facilitate and/or deliver a personalized Internet experience including, among
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other things, targeted advertising (such as those represented by or associated with Apple’s iAd
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advertising system) and other personalized location-based services to consumers. According to
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Apple’s Privacy Policy (available at www.apple.com/legal/privacy), Apple uses cookies and
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collects personal information and location information to develop and deliver advertising.
DEFENDANT QUATTRO WIRELESS
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Streetspace is informed and believes and based thereon alleges that defendant
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Quattro Wireless, Inc. (“Quattro Wireless”) is a corporation organized and existing under the laws
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of the State of Delaware with its principal place of business at 260 Charles Street, Waltham,
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Massachusetts 02453.
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Streetspace is informed and believes and based thereon alleges that Apple acquired
Quattro Wireless for $275 million in January 2010.
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Streetspace is informed and believes and based thereon alleges that Apple shut
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down Quattro Wireless’ advertising network as of September 2010 to focus exclusively on its iAd
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advertising system.
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Streetspace is informed and believes and based thereon alleges that Apple directs
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and/or controls (or used to direct and/or control), and is jointly and severally liable for, the
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infringing activities of Quattro Wireless.
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Streetspace is informed and believes and based thereon alleges that Quattro
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Wireless is in the business of collecting, analyzing, using, and sharing (with third parties)
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consumer data to facilitate and/or deliver a personalized Internet experience including targeted
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advertising to consumers. According to Quattro Wireless’ Privacy Policy, Quattro Wireless
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collects personally identifiable information and mobile consumer information such as, but not
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limited to site click-thru behavior and ads visited. Quattro Wireless also assembles non-personal
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behavioral, location and/or demographic clusters in order to facilitate optimal ad matching.
THE NOKIA DEFENDANTS
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Streetspace is informed and believes and based thereon alleges that defendant
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Nokia Corporation is a foreign public limited liability company organized and existing under the
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laws of the Republic of Finland with its principal place of business at Keilalahdentie 4, P.O. Box
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226, FI-00045, Espoo, Finland.
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Streetspace is informed and believes and based thereon alleges that defendant
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Nokia Inc. is a wholly-owned subsidiary of Nokia Corporation with its principal place of business
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at 102 Corporate Park Drive, White Plains, New York 10604.
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Streetspace is informed and believes and based thereon alleges that Nokia
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Corporation directs and /or controls, and is jointly and severally liable for, the infringing acts of
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Nokia Inc.
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Streetspace is informed and believes and based thereon alleges that Nokia
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Corporation and Nokia Inc. are in the business (among other things) of collecting, analyzing,
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using, and/or sharing (with third parties) consumer data to facilitate and/or deliver a personalized
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Internet experience including, among other things, targeted advertising and other personalized
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location-based services to consumers. According to Nokia’s Privacy Policy (March 12, 2008),
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Nokia collects personal information and certain technical information (including, but not limited
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to IP-address, access times, the website a user linked from, pages visited, links used, and the
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adbanners viewed), to display customized content and advertising.
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Streetspace is informed and believes and based thereon alleges that Navteq
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Corporation (“Navteq”) is a corporation organized and existing under the laws of the State of
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Delaware with its principal place of business at 425 W. Randolph Street, Chicago, Illinois 60606.
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Streetspace is informed and believes and based thereon alleges that Navteq is a
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wholly-owned subsidiary of Nokia Corporation and/or Nokia Inc. Navteq was purchased for $8.1
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billion on July 10, 2008. Streetspace is further informed and believes and based thereon alleges
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that Nokia Corporation and/or Nokia Inc. directs and/or controls, and is/are jointly and severally
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liable for, the infringing acts of Navteq.
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Streetspace is informed and believes and based thereon alleges that Navteq is in
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the business (among other things) of collecting, analyzing, using, and/or sharing (with third
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parties) consumer data to facilitate and/or deliver a personalized Internet experience including,
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among other things, targeted advertising (such as those represented by or associated with
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Navteq’s LocationPoint Advertising service) and other personalized location-based services to
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consumers. According to Navteq’s Privacy Policy (February 2010), Navteq collects personal
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information, certain technical information, and location data to display advertising customized to
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a recipient’s interests and preferences.
DEFENDANT MILLENNIAL MEDIA
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Streetspace is informed and believes and based thereon alleges that defendant
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Millennial Media, Inc. (“Millennial Media”) is a corporation organized and existing under the
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laws of the State of Delaware with its principal place of business at 2400 Boston Street, 3rd Floor
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Suite 308, Baltimore, Maryland 21224.
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Streetspace is informed and believes and based thereon alleges that Millennial
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Media is in the business of collecting, analyzing, using, and/or sharing consumer data (with third
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parties) to facilitate and/or deliver a personalized Internet experience including targeted
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advertising (such as those represented by or associated with Millennial Media’s MYDAS
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advertising platform and UMPIRE ad serving technology) to consumers. According to Millennial
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Media’s Privacy Policy, Millennial Media collects consumer data to deliver better targeted
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marketing messages to consumers.
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DEFENDANT JUMPTAP
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Streetspace is informed and believes and based thereon alleges that defendant
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Jumptap, Inc. (“Jumptap”) is a corporation organized and existing under the laws of the State of
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Delaware with its principal place of business at 10 Canal Park, 5th Floor, Cambridge,
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Massachusetts 02141.
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Streetspace is informed and believes and based thereon alleges that Jumptap is in
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the business of collecting, analyzing, using, and/or sharing (with third parties) consumer data to
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facilitate and/or deliver a personalized Internet experience including targeted advertising to
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consumers. According to Jumptap’s Privacy Policy, Jumptap provides mobile advertising
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technology and services to its partners (publishers of mobile web sites and wireless carriers), and
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operates a mobile advertising network. When Jumptap serves ads for its partners or on its
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network, Jumptap seeks to make the ads more relevant to users’ interests. Jumptap and its
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partners do this by matching the ads to characteristics such as the time of day, carrier network,
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content of the site, application or page on which the ad is displayed, the type of mobile device and
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web browser used, anonymous information about the browsing behavior or search queries of the
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user and other information including data provided by its partners. To assist in tracking a user’s
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activity, Jumptap or its partners may use a mobile browser cookie, a unique but anonymous
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identifier.
DOES 1 THROUGH 20
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Streetspace is ignorant of the true names and capacities of the parties sued herein
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as DOES 1 through 20, inclusive, whether individual, corporate or otherwise, and therefore sues
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these defendants by such fictitious names. Streetspace will amend the complaint to assert their
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true names when they have been ascertained. Streetspace is informed and believes and based
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thereon alleges that all defendants sued herein as DOES 1 through 20 are in some manner
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responsible for the acts and omissions alleged herein.
JURISDICTION AND VENUE
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39.
This lawsuit is an action for patent infringement arising under the patent laws of
the United States, 35 U.S.C. § 271, et seq. Accordingly, this Court has exclusive subject matter
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jurisdiction over this action under 28 U.S.C. § 1331 and 28 U.S.C. § 1338(a).
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This Court has personal jurisdiction over Google because it is a resident of
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California, conducts business in California and this judicial district, and has committed acts of
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patent infringement in California and this judicial district, such as facilitating and delivering a
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personalized Internet experience and personalized location-based services including, among other
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things, targeted advertising to consumers.
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41.
This Court has personal jurisdiction over Admob because it is a resident of
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California, conducts business in California and this judicial district, and has committed acts of
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patent infringement in California and in judicial district, such as facilitating and delivering a
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personalized Internet experience including targeted advertising to consumers.
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This Court has personal jurisdiction over Apple because it is a resident of
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California, conducts business in California and this judicial district, and has committed acts of
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patent infringement in California and this judicial district, such as facilitating and delivering a
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personalized Internet experience and personalized location-based services including, among other
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things, targeted advertising to consumers.
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This Court has personal jurisdiction over Quattro Wireless because it conducts
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business in California and this judicial district, and has committed acts of patent infringement in
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California and this judicial district, such as such as facilitating and delivering a personalized
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Internet experience including targeted advertising to consumers.
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This Court has personal jurisdiction over Nokia Corporation because it maintains
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an office and/or research and development teams in this judicial district, and because it conducts
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business in California and this judicial district, such as facilitating and delivering a personalized
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Internet experience and personalized location-based services including, among other things,
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targeted advertising to consumers.
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This Court has personal jurisdiction over Nokia Inc. because it maintains an office
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and/or research and development teams in this judicial district, and because it conducts business
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in California and this judicial district, such as facilitating and delivering a personalized Internet
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experience and personalized location-based services including, among other things, targeted
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advertising to consumers.
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This Court has personal jurisdiction over Navteq because it conducts business in
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California and this judicial district, such as facilitating and delivering a personalized Internet
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experience including targeted advertising to consumers.
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This Court has personal jurisdiction over Millennial Media because it conducts
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business in California and this judicial district and because it has committed acts of patent
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infringement in this judicial district, such as such as facilitating and delivering a personalized
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Internet experience including targeted advertising to consumers.
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This Court has personal jurisdiction over Jumptap because it conducts business in
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California and this judicial district and because it has committed acts of patent infringement in
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this judicial district, such as such as facilitating and delivering a personalized Internet experience
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including targeted advertising to consumers.
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49.
Streetspace is informed and believes and based thereon alleges that each of the
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Defendants has placed its infringing system or components thereof in the stream of commerce
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with knowledge and intent that the system or components thereof would be distributed and sold
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directly or through others to consumers in California and this judicial district. In addition,
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Streetspace is informed and believes and based thereon alleges that each of the Defendants
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induces advertisers and consumers in California to infringe the ‘969 patent, and sells and offers to
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sell its infringing services to residents in California and this judicial district and/or each of the
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Defendants contracts or has contracted with third party advertisers and vendors in California and
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this judicial district.
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50.
Venue is proper in this judicial district under 28 U.S.C. § 1391 and § 1400(b)
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because defendants have regularly transacted business in this judicial district and certain of the
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acts complained of herein occurred in this judicial district.
THE PATENT IN SUIT
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51.
Streetspace is the owner of the ‘969 patent by assignment, with full and exclusive
rights to bring suit to enforce the patent.
52.
The ‘969 patent describes, among other things, a targetable community of users:
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“The system also creates a highly targetable community of users to whom advertising or
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marketing content may be directed, and provides advertisers, marketers, and merchants with an
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effective one-to-one video-based, multimedia marketing tool for making their products and
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services known to a user population most likely to be interested in such products and services.”
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Col. 4: 59-65. “This ‘street space’ allows users and service providers or advertisers to interact and
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engage in commercial transactions.” Col. 4: 65-67.
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53.
The ‘969 patent also describes, among other things, an “intelligent advertiser.” “In
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addition to user services, the system provides a method of generating and delivering pinpoint
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advertising/marketing content based upon (1) the user profile, (2) user history, (3) the physical
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location of the user, (4) the time of day the user accesses the system. The combined personal
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information from the user profile and user history, along with the user’s physical location and
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time of using the system provides pinpoint advertising capability in real time.” Col. 7: 56-63.
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“The system provides an intelligent advertiser program to create highly targeted advertisements to
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the user based upon the user profile and user history combined with the location and time that the
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user accesses the system.” Col. 8: 55-58.
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54.
The ‘969 patent includes 23 claims. Independent claims 1, 12, and 19 were
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corrected via a Certificate of Correction issued on February 21, 2006. The Certificate of
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Correction was necessitated by a United States Patent & Trademark Office mistake.
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55.
The ‘969 patent claims systems and methods for providing personalized online
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services and advertisements employing a terminal, a database having a profile for a user and
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usage history for the user, and a program for displaying personalized information.
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COUNT ONE
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(Patent Infringement against Google)
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56.
Streetspace realleges and incorporates by reference the allegations of paragraphs 1
through 55 as though set forth fully herein.
57.
Streetspace is informed and believes and based thereon alleges that Google has
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been and is infringing, and/or inducing others to infringe one or more claims of the ‘969 patent
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literally and/or under the doctrine of equivalents by making, using, selling, importing, exporting,
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and/or offering for sale (among other things) a method and/or system for providing personalized
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information and/or targeted online advertising services based on location, consumers’ profiles
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and/or usage history, such as AdWords, AdSense, and Google Mobile Ads, and/or by making,
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using, selling, importing, exporting, and/or offering for sale (among other things) Google G1,
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Nexus One and other Android-enabled terminals and other products and/or services that deliver or
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are capable of delivering personalized information and/or targeted online advertising services
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based on location, consumers’ profiles and/or usage history.
Google’s Direct Infringement
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58.
Streetspace is informed and believes and based thereon alleges that Google
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directly infringes one or more claims of the ‘969 patent either literally or under the doctrine of
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equivalents by making, using, selling, importing, exporting, and/or offering for sale a system
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and/or method that employs a terminal, a database, and a program as recited in one or more
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claims of the ‘969 patent.
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59.
Streetspace is informed and believes and based thereon alleges that Google
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imports, exports, makes, uses, sells, and/or offers for sale terminals such as, but not limited to,
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smartphones associated with the brand name Nexus or Google’s Android operating system. See,
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e.g., www.google.com/phone. Google software for facilitating and/or delivering (for display)
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personalized information is also employed in various third party branded terminals.
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60.
Streetspace is informed and believes and based thereon alleges that Google’s
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Android operating system has attracted more than 21 hardware makers and 60 carriers in 40
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countries. There are now over 60 Android compatible devices. Google represents that over
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100,000 new Android devices are activated every day.
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61.
Streetspace is informed and believes and based thereon alleges that Google
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operates over one million servers and databases in data centers around the world and processes
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over one billion search requests and about twenty-four petabytes (i.e., 24 x 1000 terabytes) of
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user-generated data every day. Google reports that its average response time to a search request
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is a fraction of a second.
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Streetspace is informed and believes and based thereon alleges that Google
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FIRST AMENDED COMPLAINT
3:10-CV-01757-LAB-AJB
1
maintains databases in the United States and abroad that store and retain consumer data obtained
2
from consumers located inside and outside the United States. The consumer data that Google
3
retains in its databases includes, among other things, Internet behavior of consumers; locations of
4
consumers and/or consumers’ terminals; personal information such as hobbies and interests,
5
travel plans, income, gender, and friends; medical records; responses to advertising; purchase
6
history; demographic details; login and logoff times; past search requests; email addresses;
7
Internet Protocol (“IP”) addresses; visited web sites and pages; unique cookie IDs; browser types;
8
and terminal types.
9
63.
10
11
Streetspace is informed and believes and based thereon alleges that Google
maintains the world’s largest database of consumers’ online actions.
64.
Streetspace is informed and believes and based thereon alleges that Google users
12
click on the first advertisement for search results an average of 8% of the time (i.e., 80,000 clicks
13
for every one million searches).
14
65.
Streetspace is informed and believes and based thereon alleges that Google has
15
been intercepting information about consumer’s web surfing habits while driving through cities
16
taking photographs for Google map’s “Street View.” Google has collected this information by
17
gaining access to consumers’ personal Wi-Fi networks. Numerous state attorneys general are
18
investigating whether these actions are illegal and if they are considered unfair and deceptive
19
practices.
20
66.
Streetspace is informed and believes and based thereon alleges that Google offers
21
various online productivity software and terminal software (i.e., programs) such as, but not
22
limited to, Google email (“Gmail”); Orkut, a social networking website; AdWords and AdSense;
23
Google Buzz, a social networking and messaging tool; Google Chrome, a web browser; Picasa;
24
Google Talk instant messaging; DoubleClick; Android operating systems and apps; Google Docs;
25
Google Calendar; Google Toolbar; Google Desktop; Google Translate; Google News; Google
26
Health; Google Maps; Google Earth; Google Dashboard; Google Blogger; Google Groups;
27
Google Knol; Panoramio; Google Talk; Google Voice; and Google Wave. This and other Google
28
software such as, but not limited to, server software and tracking cookies with unique
-13FIRST AMENDED COMPLAINT
3:10-CV-01757-LAB-AJB
1
identification numbers, enables Google to obtain consumer data and display personalized
2
information such as targeted advertisements to consumers.
3
67.
Streetspace is informed and believes and based thereon alleges that Google records
4
the Internet surfing behavior of everyone who visits any web page, including those that are not
5
owned by or affiliated with Google, that uses Google’s AdSense or DoubleClick.
6
68.
Streetspace is informed and believes and based thereon alleges that Google’s
7
former CEO, Mr. Eric Schmidt, has been quoted as saying in February 2005, “We are moving to a
8
Google that knows more about you.” Mr. Schmidt has also been quoted as saying in a 2007
9
interview with the Financial Times that “the goal [of Google] is to enable Google users to be able
10
to ask the question such as ‘What shall I do tomorrow?’ and ‘What job shall I take?’” Mr.
11
Schmidt also stated in a 2010 interview with the Wall Street Journal “I actually think most people
12
don’t want Google to answer their questions, they want Google to tell them what they should be
13
doing next.” Mr. Schmidt is also a former member of the Board of Directors of Apple.
14
15
16
17
18
19
20
21
22
69.
Streetspace is informed and believes and based thereon alleges that Mr. Schmidt
declared in December 2009, after privacy concerns were raised:
“If you have something that you don’t want anyone to know, maybe you shouldn’t
be doing it in the first place. If you really need that kind of privacy, the reality is
that search engines – including Google – do retain this information for some time
and it’s important, for example, that we are all subject in the United States to the
Patriot Act and it is possible that all that information could be made available to
the authorities.”
In 2010, Mr. Schmidt predicted that “true transparency and no anonymity” is the way forward for
the Internet: “In a world of asynchronous threats it is too dangerous for there not to be some way
to identify you.” He also said
24
“If I look at enough of your messaging and your location, and use artificial
intelligence, we can predict where you are going to go. Show us 14 photos of
yourself and we can identify who you are. You think you don’t have 14 photos of
yourself on the Internet? You’ve got Facebook photos!”
25
70.
23
Streetspace is informed and believes and based thereon alleges that Privacy
26
International, a United Kingdom-based watchdog on surveillance and privacy invasions by
27
governments and corporations, ranked Google as “Hostile to Privacy,” its lowest rating on their
28
report, making Google the only company to receive that ranking.
-14FIRST AMENDED COMPLAINT
3:10-CV-01757-LAB-AJB
Google’s Indirect Infringement
1
2
71.
Streetspace is informed and believes and based thereon alleges that Google is
3
infringing indirectly by intentionally inducing a direct infringer to infringe one or more claims of
4
the ‘969 patent.
5
72.
Google has had actual knowledge of the ‘969 patent since at least August 23,
6
2010. Streetspace is informed and believes and based thereon alleges that Google operates a
7
search engine and database called Google Patents comprising patents and published patent
8
applications from the United States Patent & Trademark Office. All of the approximately 7
9
million U.S. patents have been put in the database including the ‘969 patent. Google has
10
performed optical character recognition on the pages of the patent applications and patents stored
11
in its database to make them searchable. Google Patents was launched on December 14, 2006.
12
73.
Streetspace is informed and believes and based thereon alleges that the ‘969 patent
13
has been and currently is directly infringed in the United States and abroad by, without limitation,
14
(1) consumers receiving personalized information (including, but not limited to targeted
15
advertisements) from Google, (2) advertisers employing Google’s systems and methodologies for
16
delivering and displaying targeted advertisements, (3) various web site or Android app
17
developers, and (4) defendant Admob. Google has knowledge of and induces that infringement by
18
intentionally encouraging and/or aiding consumers, advertisers, web site or Android app
19
developers, and Admob to use Google branded or non-Google branded terminals, Google’s
20
databases comprising consumer data, and Google’s software (i.e., programs) for the display of
21
personalized information such as targeted advertisements. Google intentionally designs,
22
manufactures, markets, promotes, sells, services, supports (including technical support), provides
23
updated software, and educates consumers, advertisers, Android app developers, and Admob on
24
its terminals, services, software (most, if not all, of which is available to the public for free), and
25
systems and methodologies for delivering and displaying personalized information such as
26
targeted advertisements. Google has known or should have known that these actions would cause
27
direct infringement of the ‘969 patent and did so with specific intent to encourage and aid direct
28
infringement.
-15FIRST AMENDED COMPLAINT
3:10-CV-01757-LAB-AJB
1
74.
Streetspace is informed and believes and based thereon alleges that consumers,
2
advertisers, web site or Android app developers, and Admob put Google’s system for delivering
3
and displaying personalized information (including, but not limited to targeted advertisements)
4
into service, i.e., control the system as a whole and obtain benefit from it.
5
75.
Streetspace is informed and believes and based thereon alleges that based upon
6
Google’s prior knowledge of the ‘969 patent and other facts to be proved at trial, Google’s
7
infringement of the ‘969 patent has been and is willful.
8
9
10
76.
As a result of Google’s infringement of the ‘969 patent, Streetspace has suffered
and is continuing to suffer damages in an amount to be determined at trial.
77.
Streetspace has suffered and will continue to suffer irreparable injury for which
11
there is no adequate remedy at law unless enjoined by this Court. Accordingly, Streetspace is
12
entitled to an injunction against further infringement by Google.
13
14
78.
Google’s infringement of the ‘969 patent is exceptional and entitles Streetspace to
attorneys’ fees and costs incurred in prosecuting this action under 35 U.S.C. § 285.
15
COUNT TWO
16
(Patent Infringement against Admob)
17
18
19
79.
Streetspace realleges and incorporates by reference the allegations of paragraphs 1
through 78 as though set forth fully herein.
80.
Streetspace is informed and believes and based thereon alleges that Admob has
20
been and is infringing, and/or inducing others to infringe one or more claims of the ‘969 patent
21
literally and/or under the doctrine of equivalents by making, using, selling, importing, exporting,
22
and/or offering for sale (among other things) a method and/or system for providing personalized
23
information and/or targeted online advertising services based on location, consumers’ profiles
24
and/or usage history, such as Admob’s mobile advertising network, Google’s AdWords, Google’s
25
AdSense, and Google Mobile Ads.
Admob’s Direct Infringement
26
27
28
81.
Streetspace is informed and believes and based thereon alleges that Admob
directly infringes one or more claims of the ‘969 patent either literally or under the doctrine of
-16FIRST AMENDED COMPLAINT
3:10-CV-01757-LAB-AJB
1
equivalents by making, using, selling, importing, exporting, and/or offering for sale a system
2
and/or method that employs a terminal, a database, and a program as recited in one or more
3
claims of the ‘969 patent.
4
82.
Streetspace is informed and believes and based thereon alleges that Admob uses
5
terminals such as, but not limited to, smartphones associated with the brand name Nexus or
6
Google’s Android operating system, and Apple’s iPhone, Apple’s iPad, and other third party
7
branded terminals to test and develop its mobile advertising network.
8
9
83.
Streetspace is informed and believes and based thereon alleges that Admob
represents that its mobile advertising network is the world’s largest advertising network with
10
thousands of mobile sites and that Admob makes it easy for publishers to monetize their mobile
11
traffic and for advertisers to target and reach customers on the mobile web in more than 160
12
countries. Admob serves billions of targeted ads per month around the world to consumers
13
browsing the mobile web in its network.
14
84.
Streetspace is informed and believes and based thereon alleges that Admob shares
15
data about the traffic in its mobile advertising network on an aggregate basis in its monthly
16
Mobile Metrics Report.
17
85.
Streetspace is informed and believes and based thereon alleges that Admob
18
published a case study regarding auto manufacturer Land Rover noting that “Admob ran
19
graphical banner ads and text link ads with sophisticated targeting to reach Land Rover’s target
20
audience of high net worth males.” “Admob targeted specific handsets that profile high net worth
21
including several leading Smartphones.”
22
86.
Streetspace is informed and believes and based thereon alleges that developers in
23
Admob’s mobile advertising network are able to display Google AdSense ads when an Admob ad
24
is not available.
25
87.
Streetspace is informed and believes and based thereon alleges that Admob
26
maintains databases in the United States and abroad that store and retain consumer data obtained
27
from consumers located inside and outside the United States. The consumer data that Admob
28
retains in its databases includes, among other things, Internet behavior of consumers; locations of
-17FIRST AMENDED COMPLAINT
3:10-CV-01757-LAB-AJB
1
consumers and/or consumers’ terminals; personal information such as income and gender;
2
responses to advertising; login and logoff times; IP addresses, visited web sites, pages, and apps;
3
unique cookie IDs; browser types; and terminal types.
88.
4
Streetspace is informed and believes and based thereon alleges that Admob utilizes
5
server software and/or tracking cookies located on consumer terminals in order to identify
6
consumers and target ads.
Admob’s Indirect Infringement
7
89.
8
9
10
infringing indirectly by intentionally inducing a direct infringer to infringe one or more claims of
the ‘969 patent.
90.
13
Admob has had actual knowledge of the ‘969 patent since at least August 23,
91.
11
12
Streetspace is informed and believes and based thereon alleges that Admob is
Streetspace is informed and believes and based thereon alleges that the ‘969 patent
2010.
14
has been and currently is directly infringed in the United States and abroad by, without limitation,
15
(1) consumers receiving targeted advertisements from Admob, (2) advertisers employing
16
Admob’s systems and methodologies for delivering and displaying targeted advertisements, and
17
(3) web site or app developers utilizing Admob’s targeted advertisements. Admob has knowledge
18
of and induces that infringement by intentionally encouraging and/or aiding consumers,
19
advertisers, and web site or app developers to use terminals, Admob’s databases comprising
20
consumer data, and Admob’s software (i.e., programs) for the display of targeted advertisements.
21
Admob intentionally designs, manufactures, markets, promotes, sells, supports, services, provides
22
software developer kits and online help, and educates consumers, advertisers, and app developers
23
on its software, and systems and methodologies for delivering and displaying targeted
24
advertisements. Admob has known or should have known that these actions would cause direct
25
infringement of the ‘969 patent and did so with specific intent to encourage and aid direct
26
infringement.
27
28
92.
Streetspace is informed and believes and based thereon alleges that consumers,
advertisers, and web site or app developers put Admob’s system for delivering and displaying
-18FIRST AMENDED COMPLAINT
3:10-CV-01757-LAB-AJB
1
2
targeted advertisements into service, i.e., control the system as a whole and obtain benefit from it.
93.
Streetspace is informed and believes and based thereon alleges that based upon
3
Admob’s prior knowledge of the ‘969 patent and other facts to be proved at trial, Admob’s
4
infringement of the ‘969 patent has been and is willful.
5
6
7
94.
As a result of Admob’s infringement of the ‘969 patent, Streetspace has suffered
and is continuing to suffer damages in an amount to be determined at trial.
95.
Streetspace has suffered and will continue to suffer irreparable injury for which
8
there is no adequate remedy at law unless enjoined by this Court. Accordingly, Streetspace is
9
entitled to an injunction against further infringement by Admob.
10
11
96.
Admob’s infringement of the ‘969 patent is exceptional and entitles Streetspace to
attorneys’ fees and costs incurred in prosecuting this action under 35 U.S.C. § 285.
12
COUNT THREE
13
(Patent Infringement against Apple)
14
15
16
97.
Streetspace realleges and incorporates by reference the allegations of paragraphs 1
through 96 as though set forth fully herein.
98.
Streetspace is informed and believes and based thereon alleges that Apple has been
17
and is infringing, and/or inducing others to infringe one or more claims of the ‘969 patent literally
18
and/or under the doctrine of equivalents by making, using, selling, importing, exporting, and/or
19
offering for sale (among other things) a method and/or system for providing personalized
20
information and/or targeted online advertising services based on location, consumers’ profiles
21
and/or usage history, such as iAds, and/or by making, using, selling, importing, exporting, and/or
22
offering for sale (among other things) the iPhone, iPad, iPod Touch, Macintosh computers, and
23
other products and/or services that deliver or are capable of delivering personalized information
24
and/or targeted online advertising services based on location, consumers’ profiles and/or usage
25
history.
Apple’s Direct Infringement
26
27
28
99.
Streetspace is informed and believes and based thereon alleges that Apple directly
infringes one or more claims of the ‘969 patent either literally or under the doctrine of equivalents
-19FIRST AMENDED COMPLAINT
3:10-CV-01757-LAB-AJB
1
by making, using, selling, importing, exporting, and/or offering for sale a system and/or method
2
that employs a terminal, a database, and a program as recited in one or more claims of the ‘969
3
patent.
4
100.
Streetspace is informed and believes and based thereon alleges that Apple imports,
5
exports, makes, uses, sells, and/or offers for sale terminals such as, but not limited to the iPhone,
6
iPad, iPod Touch, and Macintosh computers. In just 3 days after its launch, Apple sold over 1
7
million iPhones.
8
9
101.
Streetspace is informed and believes and based thereon alleges that Apple
maintains databases in the United States and abroad that store and retain consumer data obtained
10
from consumers located inside and outside the United States. The consumer data that Apple
11
retains in its database includes, among other things, Internet behavior of consumers; locations of
12
consumers and/or consumers’ terminals; personal information such as hobbies and interests,
13
travel plans, income, gender, and friends; music passions; network information; responses to
14
advertising; purchase history; demographic details; login and logoff times; preference data; email
15
addresses; IP addresses; visited web sites and pages; unique cookie IDs; browser types; terminal
16
IDs; iTunes account information; terminal operating system information; and terminal types.
17
102.
Streetspace is informed and believes and based thereon alleges that iAd is a mobile
18
advertising platform developed by Apple for its iPhone, iPod Touch, and iPad terminals allowing,
19
among other things, third-party developers to directly embed advertisements into their
20
applications. Similar to Admob, iAd facilitates integrating advertisements into applications sold
21
on Apple’s iOS App Store.
22
103.
Streetspace is informed and believes and based thereon alleges that Apple CEO
23
Steve Jobs claimed in June of 2010 that 48% of spending on mobile advertising in the United
24
States from July through December of 2010 will to go Apple’s iAd advertising system for its
25
iPhone and iPad.
26
104.
Streetspace is informed and believes and based thereon alleges that Apple booked
27
$60M in advertising commitments in June 2010 for its iAd advertising system, prior to its launch
28
on July 1, 2010. Apple charges each advertiser a minimum of $1 million to utilize its iAd
-20FIRST AMENDED COMPLAINT
3:10-CV-01757-LAB-AJB
1
advertising system.
2
105.
Streetspace is informed and believes and based thereon alleges that Apple offers
3
various software to consumers such as, but not limited to iTunes; Mac operating systems; Safari,
4
an internet browser; MobileMe; iWork; iPhoto; iWeb; Software Update; QuickTime; Apple
5
Remote Desktop; iOS, a mobile terminal operating system; and over 200,000 separate apps built
6
by thousands of developers. Apple advertises that “there’s an app for everything.” This and
7
other Apple software such as, but not limited to server software and tracking cookies with unique
8
identification numbers, enables Apple to obtain consumer data and display personalized
9
information such as targeted advertisements to consumers.
10
106.
Streetspace is informed and believes and based thereon alleges that Apple has
11
installed more than 10 billion apps in various Apple-branded terminals and has activated over 160
12
million iTunes accounts. Two hundred (200) new apps are downloaded by consumers every
13
second worldwide.
14
107.
Streetspace is informed and believes and based thereon alleges that Apple CEO
15
Steve Jobs has been quoted as follows: “Search is not happening on phones; people are using
16
apps. And this is where the opportunity is to deliver advertising.”
17
Apple’s Indirect Infringement
18
108.
Streetspace is informed and believes and based thereon alleges that Apple is
19
infringing indirectly by intentionally inducing a direct infringer to infringe one or more claims of
20
the ‘969 patent.
21
109.
Apple has had actual knowledge of the ‘969 patent since at least August 23, 2010.
22
110.
Streetspace is informed and believes and based thereon alleges that the ‘969 patent
23
has been and currently is directly infringed in the United States and abroad by, without limitation,
24
(2) consumers receiving personalized information (including, but not limited to targeted
25
advertisements) from Apple, (2) advertisers employing Apple’s systems and methodologies for
26
delivering and displaying targeted advertisements, (3) Apple app developers, and (4) defendant
27
Quattro Wireless. Apple has knowledge of and induces that infringement by intentionally
28
encouraging and/or aiding consumers, advertisers, Apple app developers, and Quattro Wireless to
-21FIRST AMENDED COMPLAINT
3:10-CV-01757-LAB-AJB
1
use Apple-branded or non-Apple branded terminals, Apple’s databases comprising consumer
2
data, and Apple’s software (i.e., programs) for the display of personalized information such as
3
targeted advertisements. Apple intentionally designs, manufactures, markets, promotes, sells,
4
services, supports (including technical support), provides updated software, provides software
5
developer kits, and educates consumers, advertisers, and/or app developers on its terminal,
6
software, and systems and methodologies for delivering and displaying personalized information
7
such as targeted advertisements. Apple has known or should have known that these actions
8
would cause direct infringement of the ‘969 patent and did so with specific intent to encourage
9
and aid direct infringement.
10
111.
Streetspace is informed and believed and based thereon alleges that consumers,
11
advertisers, Apple app developers, and Quattro Wireless put Apple’s system for delivering and
12
displaying personalized information (including, but not limited to targeted advertisements) into
13
service, i.e., control the system as a whole and obtain benefit from it.
14
112.
Streetspace is informed and believes and based thereon alleges that based upon
15
Apple’s prior knowledge of the ‘969 patent and other facts to be proved at trial, Apple’s
16
infringement of the ‘969 patent has been and is willful.
17
18
19
113.
As a result of the Apple’s infringement of the ‘969 patent, Streetspace has suffered
and is continuing to suffer damages in an amount to be determined at trial.
114.
Streetspace has suffered and will continue to suffer irreparable injury for which
20
there is no adequate remedy at law unless enjoined by this Court. Accordingly, Streetspace is
21
entitled to an injunction against further infringement by Apple.
22
23
115.
Apple’s infringement of the ‘969 patent is exceptional and entitles Streetspace to
attorneys’ fees and costs incurred in prosecuting this action under 35 U.S.C. § 285.
24
COUNT FOUR
25
(Patent Infringement against Quattro Wireless)
26
27
28
116.
Streetspace realleges and incorporates by reference the allegations of paragraphs 1
through 115 as though set forth fully herein.
117.
Streetspace is informed and believes and based thereon alleges that Quattro
-22-
FIRST AMENDED COMPLAINT
3:10-CV-01757-LAB-AJB
1
Wireless has been and is infringing, and/or inducing others to infringe one or more claims of the
2
‘969 patent literally and/or under the doctrine of equivalents by making, using, selling, importing,
3
exporting, and/or offering for sale (among other things) a method and/or system for providing
4
personalized information and/or targeted online advertising services based on location,
5
consumers’ profiles and/or usage history, such as Quattro Wireless’ mobile advertising network.
Quattro Wireless’ Direct Infringement
6
7
118.
Streetspace is informed and believes and based thereon alleges that Quattro
8
Wireless directly infringes one or more claims of the ‘969 patent either literally or under the
9
doctrine of equivalents by making, using, selling, importing, exporting, and/or offering for sale a
10
system and/or method that employs a terminal, a database, and a program as recited in one or
11
more claims of the ‘969 patent.
12
13
14
119.
Streetspace is informed and believes and based thereon alleges that Quattro
Wireless uses terminals to test and develop its mobile advertising network.
120.
Streetspace is informed and believes and based thereon alleges that Quattro
15
Wireless maintains databases in the United States and abroad that store and retain consumer data
16
obtained from consumers located inside and outside the United States. The consumer data that
17
Quattro Wireless retains in its databases includes, among other things, Internet behavior of
18
consumers; locations of consumers and/or consumers’ terminals; personal information such as
19
income and gender; responses to advertising; login and logoff times; IP addresses, visited web
20
sites, pages, and apps; unique cookie IDs; browser types; and terminal types.
21
121.
Streetspace is informed and believes and based thereon alleges that Quattro
22
Wireless utilizes server software and/or tracking cookies located on consumer terminals in order
23
to identify consumers and target ads.
Quattro Wireless’ Indirect Infringement
24
25
122.
Streetspace is informed and believes and based thereon alleges that Quattro
26
Wireless is infringing indirectly by intentionally inducing a direct infringer to infringe one or
27
more claims of the ‘969 patent.
28
123.
Quattro Wireless has had actual knowledge of the ‘969 patent since at least August
-23-
FIRST AMENDED COMPLAINT
3:10-CV-01757-LAB-AJB
1
2
23, 2010.
124.
Streetspace is informed and believes and based thereon alleges that the ‘969 patent
3
has been and currently is directly infringed in the United States and abroad by, without limitation,
4
(1) consumers receiving targeted advertisements from Quattro Wireless, (2) advertisers
5
employing Quattro Wireless’ systems and methodologies for delivering and displaying targeted
6
advertisements, and (3) web site or app developers utilizing Quattro Wireless’ targeted
7
advertisements. Quattro Wireless has knowledge of and induces that infringement by
8
intentionally encouraging and/or aiding consumers, advertisers, and app developers to use
9
terminals, Quattro Wireless’ databases comprising consumer data, and Quattro Wireless’ software
10
(i.e., programs) for the display of targeted advertisements. Quattro Wireless intentionally
11
designs, manufactures, markets, promotes, sells, services, supports, provides software developer
12
kits and online help, and educates consumers, advertisers, and app developers on its software, and
13
systems and methodologies for delivering and displaying targeted advertisements. Quattro
14
Wireless has known or should have known that these actions would cause direct infringement of
15
the ‘969 patent and did so with specific intent to encourage and aid direct infringement.
16
125.
Streetspace is informed and believes and based thereon alleges that consumers,
17
advertisers, and app developers put Quattro Wireless’ system for delivering and displaying
18
targeted advertisements into service, i.e., control the system as a whole and obtain benefit from it.
19
126.
Streetspace is informed and believes and based thereon alleges that based upon
20
Quattro Wireless’ prior knowledge of the ‘969 patent and other facts to be proved at trial, Quattro
21
Wireless’ infringement of the ‘969 patent has been and is willful.
22
23
24
127.
As a result of Quattro Wireless’ infringement of the ‘969 patent, Streetspace has
suffered and is continuing to suffer damages in an amount to be determined at trial.
128.
Streetspace has suffered and will continue to suffer irreparable injury for which
25
there is no adequate remedy at law unless enjoined by this Court. Accordingly, Streetspace is
26
entitled to an injunction against further infringement by Quattro Wireless.
27
28
129.
Quattro Wireless’ infringement of the ‘969 patent is exceptional and entitles
Streetspace to attorneys’ fees and costs incurred in prosecuting this action under 35 U.S.C. § 285.
-24FIRST AMENDED COMPLAINT
3:10-CV-01757-LAB-AJB
1
COUNT FIVE
2
(Patent Infringement against Nokia Corporation)
3
4
5
130.
Streetspace realleges and incorporates by reference the allegations of paragraphs 1
through 129 as though set forth fully herein.
131.
Streetspace is informed and believes and based thereon alleges that Nokia
6
Corporation has been and is infringing, and/or inducing others to infringe one or more claims of
7
the ‘969 patent literally and/or under the doctrine of equivalents by making, using, selling,
8
importing, exporting, and/or offering for sale (among other things) a method and/or system for
9
providing personalized information and/or targeted online advertising services based on location,
10
consumers’ profiles and/or usage histories, including without limitation, the methods and/or
11
systems comprising, used or associated with Navteq’s, Nokia Corporation’s, and/or Nokia Inc.’s
12
advertising and location-based services business, and/or by making, using, selling, importing,
13
exporting, and/or offering for sale (among other things) terminals that deliver or are capable of
14
delivering personalized information and/or targeted online advertising services based on location,
15
consumers’ profiles and/or usage history.
Nokia Corporation’s Direct Infringement
16
17
132.
Streetspace is informed and believes and based thereon alleges that defendant
18
Nokia Corporation directly infringes one or more claims of the ‘969 patent either literally or
19
under the doctrine of equivalents by making, using, selling, importing, exporting, and/or offering
20
for sale a system and/or method that employs a terminal, a database, and a program as recited in
21
one or more claims of the ‘969 patent.
22
133.
Streetspace is informed and believes and based thereon alleges that defendant
23
Nokia Corporation imports, exports, makes, uses, sells, and/or offers for sale terminals such as,
24
but not limited to, mobile phones, smartphones, and mobile computers. Every day, more than 1.3
25
billion people connect to one another with a Nokia-branded terminal. Nokia Corporation is the
26
largest mobile phone manufacturer in the world.
27
28
134.
Streetspace is informed and believes and based thereon alleges that defendant
Nokia Corporation maintains databases in the United States and abroad that store and retain
-25FIRST AMENDED COMPLAINT
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1
consumer data obtained from consumers located inside and outside the United States. The
2
consumer data that Nokia Corporation retains in its databases includes, among other things,
3
Internet behavior of consumers; locations of consumers and/or consumers’ terminals; personal
4
information such as hobbies and interests, income, age; gender, and language preferences;
5
responses to advertising; purchase history; demographic details; login and logoff times; access
6
times; viewed content; email addresses; Internet Protocol (“IP”) addresses; visited web sites and
7
pages; unique cookie IDs; unique mobile device identifiers; subscriber identity information; user
8
names and passwords; preferences and feedback; network service providers; mobile subscription
9
numbers; browser types; and terminal types.
10
135.
Streetspace is informed and believes and based thereon alleges that Nokia
11
Corporation offers various productivity software and Internet services through (among other
12
things) its Ovi Store at www.ovi.com where consumers can download (among other things) apps.
13
“Ovi” is the Finnish word for “door.” This and other Nokia Corporation software such as, but not
14
limited to its Symbian operating system, MeeGo operating system, Nokia Maps, server software
15
and tracking cookies with unique identification numbers, enables Nokia Corporation to obtain
16
consumer data and display personalized information such as targeted advertisements to
17
consumers.
18
136.
Streetspace is informed and believes and based thereon alleges that on February
19
11, 2011, Nokia Corporation’s CEO Stephen Elop, a former Microsoft employee, unveiled a
20
strategic alliance with Microsoft, and announced that Nokia Corporation would replace Symbian
21
and MeeGo with a mobile operating system developed by Microsoft Corporation. Microsoft
22
adCenter – a division of the Microsoft Network responsible for targeted advertising services –
23
would provide search advertising services on Nokia’s line of terminals and services. Nokia Maps
24
would be integrated with Microsoft’s Bing search engine and adCenter advertising platform.
Nokia Corporation’s Indirect Infringement
25
26
137.
Streetspace is informed and believes and based thereon alleges that Nokia
27
Corporation is infringing indirectly by intentionally inducing a direct infringer to infringe one or
28
more claims of the ‘969 patent.
-26FIRST AMENDED COMPLAINT
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2
3
138.
Nokia Corporation has had actual knowledge of the ‘969 patent since at least
August 23, 2010.
139.
Streetspace is informed and believes and based thereon alleges that the ‘969 patent
4
has been and currently is directly infringed in the United States and abroad by, without limitation,
5
(1) consumers receiving personalized information (including, but not limited to targeted
6
advertisements) from Nokia Corporation, (2) advertisers employing Nokia Corporation’s systems
7
and methodologies for delivering and displaying targeted advertisements, (3) Ovi app developers,
8
(4) defendant Nokia Inc., and (5) defendant Navteq. Nokia Corporation has knowledge of and
9
induces that infringement by intentionally encouraging and/or aiding consumers, advertisers, Ovi
10
app developers, Nokia Inc., and Navteq to use Nokia-branded or non-Nokia branded terminals,
11
Nokia Corporation’s databases comprising consumer data, and Nokia Corporation’s software
12
(i.e., programs) for the display of personalized information such as targeted advertisements.
13
Nokia Corporation intentionally designs, manufactures, markets, promotes, sells, services,
14
supports (including technical support), provides updated software, software developer kits, and
15
educates consumers, advertisers, Ovi app developers, Nokia Inc., and Navteq on its terminals,
16
software, and systems and methodologies for delivering and displaying personalized information
17
such as targeted advertisements. Nokia Corporation has known or should have known that these
18
actions would cause direct infringement of the ‘969 patent and did so with specific intent to
19
encourage and aid direct infringement.
20
140.
Streetspace is informed and believes and based thereon alleges that consumers,
21
advertisers, Ovi app developers, Nokia Inc., and Navteq put Nokia Corporation’s system for
22
delivering and displaying personalized information (including, but not limited to targeted
23
advertisements) into service, i.e., control the system as a whole and obtain benefit from it.
24
141.
Streetspace is informed and believes and based thereon alleges that based upon
25
Nokia Corporation’s prior knowledge of the ‘969 patent and other facts to be proved at trial,
26
Nokia Corp.’s infringement of the ‘969 patent has been and is willful.
27
28
142.
As a result of Nokia Corporation’s infringement of the ‘969 patent, Streetspace has
suffered and is continuing to suffer damages in an amount to be determined at trial.
-27FIRST AMENDED COMPLAINT
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143.
Streetspace has suffered and will continue to suffer irreparable injury for which
2
there is no adequate remedy at law unless enjoined by this Court. Accordingly, Streetspace is
3
entitled to an injunction against further infringement by Nokia Corporation.
4
144.
Nokia Corporation’s infringement of the ‘969 patent is exceptional and entitles
5
Streetspace to attorneys’ fees and costs incurred in prosecuting this action under 35 U.S.C. § 285.
6
COUNT SIX
7
(Patent Infringement against Nokia Inc.)
8
9
10
145.
Streetspace realleges and incorporates by reference the allegations of paragraphs 1
through 144 as though set forth fully herein.
146.
Streetspace is informed and believes and based thereon alleges that Nokia Inc. has
11
been and is infringing, and/or inducing others to infringe one or more claims of the ‘969 patent
12
literally and/or under the doctrine of equivalents by making, using, selling, importing, exporting,
13
and/or offering for sale (among other things) a method and/or system for providing personalized
14
information and/or targeted online advertising services based on location, consumers’ profiles
15
and/or usage histories, including without limitation the methods and/or systems comprising, used
16
or associated with Navteq’s, Nokia Corporation’s, and/or Nokia Inc.’s advertising and location-
17
based services business, and/or by making, using, selling, importing, exporting, and/or offering
18
for sale (among other things) terminals that deliver or are capable of delivering personalized
19
information and/or targeted online advertising services based on location, consumers’ profiles
20
and/or usage history.
Nokia Inc.’s Direct Infringement
21
22
147.
Streetspace is informed and believes and based thereon alleges that Nokia Inc.
23
directly infringes one or more claims of the ‘969 patent either literally or under the doctrine of
24
equivalents by making, using, selling, importing, exporting, and/or offering for sale a system
25
and/or method that employs a terminal, a database, and a program as recited in one or more
26
claims of the ‘969 patent.
27
28
148.
Streetspace is informed and believes and based thereon alleges that Nokia Inc.
imports, exports, makes, uses, sells, and/or offers for sale terminals such as, but not limited to,
-28FIRST AMENDED COMPLAINT
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1
mobile phones, smartphones, and mobile computers.
149.
2
Streetspace is informed and believes and based thereon alleges that Nokia Inc.
3
maintains databases in the United States and abroad that store and retain consumer data obtained
4
from consumers located inside and outside the United States. The consumer data that Nokia Inc.
5
retains in its databases includes, among other things, Internet behavior of consumers; locations of
6
consumers and/or consumers’ terminals; personal information such as hobbies and interests,
7
income, age; gender, and language preferences; responses to advertising; purchase history;
8
demographic details; login and logoff times; access times; viewed content; email addresses;
9
Internet Protocol (“IP”) addresses; visited web sites and pages; unique cookie IDs; unique mobile
10
device identifiers; subscriber identity information; user names and passwords; preferences and
11
feedback; network service providers; mobile subscription numbers; browser types; and terminal
12
types.
150.
13
Streetspace is informed and believes and based thereon alleges that Nokia Inc.
14
offers various productivity software and Internet services through (among other things) its Ovi
15
Store at www.ovi.com where consumers can download (among other things) apps. “Ovi” is the
16
Finnish word for “door.” This and other Nokia Inc. software such as, but not limited to its
17
Symbian operating system, MeeGo operating system, Nokia Maps, server software and tracking
18
cookies with unique identification numbers, enables Nokia Inc. to obtain consumer data and
19
display personalized information such as targeted advertisements to consumers.
Nokia Inc.’s Indirect Infringement
20
151.
21
Streetspace is informed and believes and based thereon alleges that Nokia Inc. is
22
infringing indirectly by intentionally inducing a direct infringer to infringe one or more claims of
23
the ‘969 patent.
152.
25
26
Nokia Inc. has had actual knowledge of the ‘969 patent since at least August 23,
153.
24
Streetspace is informed and believes and based thereon alleges that the ‘969 patent
2010.
27
has been and currently is directly infringed in the United States and abroad by, without limitation,
28
(1) consumers receiving personalized information (including, but not limited to targeted
-29FIRST AMENDED COMPLAINT
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advertisements) from Nokia Inc., (2) advertisers employing Nokia Inc.’s systems and
2
methodologies for delivering and displaying targeted advertisements, (3) Ovi app developers, (4)
3
defendant Nokia Corporation, and (5) defendant Navteq. Nokia Inc. has knowledge of and
4
induces that infringement by intentionally encouraging and/or aiding consumers, advertisers, Ovi
5
app developers, Nokia Corporation, and Navteq to use Nokia-branded or non-Nokia branded
6
terminals, Nokia Inc.’s databases comprising consumer data, and Nokia Inc.’s software (i.e.,
7
programs) for the display of personalized information such as targeted advertisements. Nokia Inc.
8
intentionally designs, manufactures, markets, promotes, sells, services, supports (including
9
technical support), provides updated software, software developer kits, and educates consumers,
10
advertisers, Ovi app developers, Nokia Corporation, and Navteq on its terminals, software, and
11
systems and methodologies for delivering and displaying personalized information such as
12
targeted advertisements. Nokia Inc. has known or should have known that these actions would
13
cause direct infringement of the ‘969 patent and did so with specific intent to encourage and aid
14
direct infringement.
15
154.
Streetspace is informed and believes and based thereon alleges that consumers,
16
advertisers, Ovi app developers, Nokia Corporation, and Navteq put Nokia Inc.’s system for
17
delivering and displaying personalized information (including, but not limited to targeted
18
advertisements) into service, i.e., control the system as a whole and obtain benefit from it.
19
155.
Streetspace is informed and believes and based thereon alleges that based upon
20
Nokia Inc.’s prior knowledge of the ‘969 patent and other facts to be proved at trial, Nokia Inc.’s
21
infringement of the ‘969 patent has been and is willful.
22
23
24
156.
As a result of Nokia Inc.’s infringement of the ‘969 patent, Streetspace has
suffered and is continuing to suffer damages in an amount to be determined at trial.
157.
Streetspace has suffered and will continue to suffer irreparable injury for which
25
there is no adequate remedy at law unless enjoined by this Court. Accordingly, Streetspace is
26
entitled to an injunction against further infringement by Nokia Inc.
27
28
158.
Nokia Inc.’s infringement of the ‘969 patent is exceptional and entitles Streetspace
to attorneys’ fees and costs incurred in prosecuting this action under 35 U.S.C. § 285.
-30FIRST AMENDED COMPLAINT
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1
COUNT SEVEN
2
(Patent Infringement against Navteq)
159.
3
4
Streetspace realleges and incorporates by reference the allegations of paragraphs 1
through 158 as though set forth fully herein.
160.
5
Streetspace is informed and believes and based thereon alleges that Navteq has
6
been and currently is infringing, and/or inducing others to infringe one or more claims of the ‘969
7
patent literally and/or under the doctrine of equivalents by making, using, selling, importing,
8
exporting, and/or offering for sale (among other things) a method and/or system for providing
9
personalized information and/or targeted online advertising services based on location,
10
consumers’ profiles and/or usage histories, such as, but not limited to Navteq’s LocationPoint
11
Advertising platform, Navteq Maps, and Atlas Mobile software, and/or by making, using, selling,
12
importing, exporting, and/or offering for sale (among other things) terminals that deliver or are
13
capable of delivering personalized information and/or targeted online advertising services based
14
on location, consumers’ profiles and/or usage history.
Navteq’s Direct Infringement
15
161.
16
Streetspace is informed and believes and based thereon alleges that Navteq directly
17
infringes one or more claims of the ‘969 patent either literally or under the doctrine of equivalents
18
by making, using, selling, importing, exporting, and/or offering for sale a system and/or method
19
that employs a terminal, a database, and a program as recited in one or more claims of the ‘969
20
patent.
21
162.
Streetspace is informed and believes and based thereon alleges that Navteq
22
imports, exports, makes, uses, sells, and/or offers for sale terminals such as, but not limited to
23
navigation terminals.
24
163.
Streetspace is informed and believes and based thereon alleges that Navteq
25
maintains databases in the United States and abroad that store and retain consumer data obtained
26
from consumers located inside and outside the United States. The consumer data that Navteq
27
retains in its databases includes, among other things, Internet behavior of consumers; locations of
28
consumers and/or consumers’ terminals; personal information such as hobbies and interests,
-31FIRST AMENDED COMPLAINT
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income, age; gender, and language preferences; responses to advertising; purchase history;
2
demographic details; login and logoff times; access times; viewed content; email addresses;
3
Internet Protocol (“IP”) addresses; visited web sites and pages; unique cookie IDs; unique mobile
4
device and navigation terminal identifiers; subscriber identity information; user names and
5
passwords; preferences and feedback; network service providers; mobile subscription numbers;
6
browser types; and terminal types.
7
164.
Streetspace is informed and believes and based thereon alleges that Navteq offers
8
navigation and mapping software such as, but not limited to Navteq Maps. This and other Navteq
9
software such as, but not limited to its LocationPoint Advertising server software, Atlas Mobile
10
software, and/or tracking cookies with unique identification numbers, enables Navteq to obtain
11
consumer data and display personalized information such as targeted advertisements to
12
consumers.
13
165.
Streetspace is informed and believes and based thereon alleges that Navteq
14
discriminates and targets ads to
15
consumers based on (among other
16
things) income and/or location. For
17
example, the image shown at right was
18
included in a Navteq presentation,
19
entitled “Location targeting is putting
20
mobile advertising on the map,” given by
21
Mandeep Mason, Deputy Sales Director
22
of Navteq Media Solutions, a division of
23
Navteq.
Navteq’s Indirect Infringement
24
25
166.
Streetspace is informed and believes and based thereon alleges that Navteq is
26
infringing indirectly by intentionally inducing a direct infringer to infringe one or more claims of
27
the ‘969 patent.
28
167.
Navteq has had actual knowledge of the ‘969 patent since at least August 23, 2010.
-32-
FIRST AMENDED COMPLAINT
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1
168.
Streetspace is informed and believes and based thereon alleges that the ‘969 patent
2
has been and currently is directly infringed in the United States and abroad by, without limitation,
3
(1) consumers receiving personalized information (including, but not limited to targeted
4
advertisements) from Navteq, (2) advertisers employing Navteq’s systems and methodologies for
5
delivering and displaying targeted advertisements, (3) Navteq app developers, (4) defendant
6
Nokia Corporation, and (5) defendant Nokia Inc. Navteq has knowledge of and induces that
7
infringement by intentionally encouraging and/or aiding consumers, advertisers, Navteq app
8
developers, Nokia Corporation, and Nokia Inc. to use terminals, Navteq’s databases comprising
9
consumer data, and Navteq’s software (i.e., programs) for the display of personalized information
10
such as targeted advertisements. Navteq intentionally designs, manufactures, markets, promotes,
11
sells, services, supports (including technical support), provides updated software, software
12
developer kits, and educates consumers, advertisers, Navteq app developers, Nokia Corporation,
13
and Nokia Inc. on its terminals, software, and systems and methodologies for delivering and
14
displaying personalized information such as targeted advertisements. Navteq has known or should
15
have known that these actions would cause direct infringement of the ‘969 patent and did so with
16
specific intent to encourage and aid direct infringement.
17
169.
Streetspace is informed and believes and based thereon alleges that consumers,
18
advertisers, Navteq app developers, Nokia Corporation, and Nokia Inc. put Navteq’s system for
19
delivering and displaying personalized information (including, but not limited to targeted
20
advertisements) into service, i.e., control the system as a whole and obtain benefit from it.
21
170.
Streetspace is informed and believes and based thereon alleges that based upon
22
Navteq’s prior knowledge of the ‘969 patent and other facts to be proved at trial, Navteq’s
23
infringement of the ‘969 patent has been and is willful.
24
25
26
171.
As a result of Navteq’s infringement of the ‘969 patent, Streetspace has suffered
and is continuing to suffer damages in an amount to be determined at trial.
172.
Streetspace has suffered and will continue to suffer irreparable injury for which
27
there is no adequate remedy at law unless enjoined by this Court. Accordingly, Streetspace is
28
entitled to an injunction against further infringement by Navteq.
-33FIRST AMENDED COMPLAINT
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1
2
173.
Navteq’s infringement of the ‘969 patent is exceptional and entitles Streetspace to
attorneys’ fees and costs incurred in prosecuting this action under 35 U.S.C. § 285.
3
COUNT EIGHT
4
(Patent Infringement against Millennial Media)
5
6
7
174.
Streetspace realleges and incorporates by reference the allegations of paragraphs 1
through 173 as though set forth fully herein.
175.
Streetspace is informed and believes and based thereon alleges that Millennial
8
Media has been and is infringing, and/or inducing others to infringe one or more claims of the
9
‘969 patent literally and/or under the doctrine of equivalents by making, using, selling, importing,
10
exporting, and/or offering for sale (among other things) a method and/or system for providing
11
personalized information and/or targeted online advertising services based on location,
12
consumers’ profiles and/or usage history.
Millennial Media’s Direct Infringement
13
14
176.
Streetspace is informed and believes and based thereon alleges that Millennial
15
Media directly infringes one or more claims of the ‘969 patent either literally or under the
16
doctrine of equivalents by making, using, selling, importing, exporting, and/or offering for sale a
17
system and/or method that employs a terminal, a database, and a program as recited in one or
18
more claims of the ‘969 patent.
19
20
21
177.
Streetspace is informed and believes and based thereon alleges that Millennial
Media uses terminals to test and develop its mobile advertising network.
178.
Streetspace is informed and believes and based thereon alleges that Millennial
22
Media maintains databases in the United States and abroad that store and retain consumer data
23
obtained from consumers located inside and outside the United States. The consumer data that
24
Millennial Media retains in its databases includes, among other things, Internet behavior of
25
consumers; locations of consumers and/or consumers’ terminals; personal information such as
26
income and gender; responses to advertising; login and logoff times; IP addresses, visited web
27
sites, pages, and apps; unique cookie IDs; browser types; and terminal types.
28
179.
Streetspace is informed and believes and based thereon alleges that Millennial
-34-
FIRST AMENDED COMPLAINT
3:10-CV-01757-LAB-AJB
1
Media utilizes server software and/or tracking cookies located on consumer terminals in order to
2
identify consumers and target ads.
Millennial Media’s Indirect Infringement
3
4
180.
Streetspace is informed and believes and based thereon alleges that Millennial
5
Media is infringing indirectly by intentionally inducing a direct infringer to infringe one or more
6
claims of the ‘969 patent.
7
8
9
181.
Millennial Media has had actual knowledge of the ‘969 patent since at least
August 23, 2010.
182.
Streetspace is informed and believes and based thereon alleges that the ‘969 patent
10
has been and currently is directly infringed in the United States and abroad by, without limitation,
11
(1) consumers receiving targeted advertisements from Millennial Media, (2) advertisers
12
employing Millennial Media’s systems and methodologies for delivering and displaying targeted
13
advertisements, and (3) web site or app developers utilizing Millennial Media’s targeted
14
advertisements. Millennial Media has knowledge of and induces that infringement by
15
intentionally encouraging and/or aiding consumers, advertisers, and app developers to use
16
terminals, Millennial Media’s databases comprising consumer data, and Millennial Media’s
17
software (i.e., programs) for the display of targeted advertisements. Millennial Media
18
intentionally designs, manufactures, markets, promotes, sells, services, supports, provides
19
software developer kits and online help, and educates consumers, advertisers, and app developers
20
on its software, and systems and methodologies for delivering and displaying targeted
21
advertisements. Millennial Media has known or should have known that these actions would
22
cause direct infringement of the ‘969 patent and did so with specific intent to encourage and aid
23
direct infringement.
24
183.
Streetspace is informed and believes and based thereon alleges that consumers,
25
advertisers, and app developers put Millennial Media’s system for delivering and displaying
26
targeted advertisements into service, i.e., control the system as a whole and obtain benefit from it.
27
28
184.
Streetspace is informed and believes and based thereon alleges that based upon
Millennial Media’s prior knowledge of the ‘969 patent and other facts to be proved at trial,
-35FIRST AMENDED COMPLAINT
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1
2
3
4
Millennial Media’s infringement of the ‘969 patent has been and is willful.
185.
As a result of Millennial Media’s infringement of the ‘969 patent, Streetspace has
suffered and is continuing to suffer damages in an amount to be determined at trial.
186.
Streetspace has suffered and will continue to suffer irreparable injury for which
5
there is no adequate remedy at law unless enjoined by this Court. Accordingly, Streetspace is
6
entitled to an injunction against further infringement by Millennial Media.
7
187.
Millennial Media’s infringement of the ‘969 patent is exceptional and entitles
8
Streetspace to attorneys’ fees and costs incurred in prosecuting this action under 35 U.S.C. § 285.
9
COUNT NINE
10
(Patent Infringement against Jumptap)
11
12
13
188.
Streetspace realleges and incorporates by reference the allegations of paragraphs 1
through 187 as though set forth fully herein.
189.
Streetspace is informed and believes and based thereon alleges that Jumptap has
14
been and is infringing, and/or inducing others to infringe one or more claims of the ‘969 patent
15
literally and/or under the doctrine of equivalents by making, using, selling, importing, exporting,
16
and/or offering for sale (among other things) a method and/or system for providing personalized
17
information and/or targeted online advertising services based on location, consumers’ profiles
18
and/or usage history.
Jumptap’s Direct Infringement
19
20
190.
Streetspace is informed and believes and based thereon alleges that Jumptap
21
directly infringes one or more claims of the ‘969 patent either literally or under the doctrine of
22
equivalents by making, using, selling, importing, exporting, and/or offering for sale a system
23
and/or method that employs a terminal, a database, and a program as recited in one or more
24
claims of the ‘969 patent.
25
26
27
28
191.
Streetspace is informed and believes and based thereon alleges that Jumptap uses
terminals to test and develop its mobile advertising network.
192.
Streetspace is informed and believes and based thereon alleges that Jumptap
claims to be “the leader in targeted mobile advertising.” See, e.g., www.jumptap.com.
-36FIRST AMENDED COMPLAINT
3:10-CV-01757-LAB-AJB
193.
1
Streetspace is informed and believes and based thereon alleges that Jumptap
2
maintains databases in the United States and abroad that store and retain consumer data obtained
3
from consumers located inside and outside the United States. The consumer data that Jumptap
4
retains in its databases includes, among other things, Internet behavior of consumers; locations of
5
consumers and/or consumers’ terminals; personal information such as income and gender;
6
responses to advertising; login and logoff times; IP addresses, visited web sites, pages, and apps;
7
unique cookie IDs; browser types; and terminal types.
194.
8
9
10
Streetspace is informed and believes and based thereon alleges that Jumptap
utilizes server software and/or tracking cookies located on consumer terminals in order to identify
consumers and target ads.
Jumptap’s Indirect Infringement
11
195.
12
Streetspace is informed and believes and based thereon alleges that Jumptap is
13
infringing indirectly by intentionally inducing a direct infringer to infringe one or more claims of
14
the ‘969 patent.
196.
16
17
Jumptap has had actual knowledge of the ‘969 patent since at least August 23,
197.
15
Streetspace is informed and believes and based thereon alleges that the ‘969 patent
2010.
18
has been and currently is directly infringed in the United States and abroad by, without limitation,
19
(1) consumers receiving targeted advertisements from Jumptap, (2) advertisers employing
20
Jumptap’s systems and methodologies for delivering and displaying targeted advertisements, and
21
(3) web site or app developers utilizing Jumptap’s targeted advertisements. Jumptap has
22
knowledge of and induces that infringement by intentionally encouraging and/or aiding
23
consumers, advertisers, and app developers to use terminals, Jumptap’s databases comprising
24
consumer data, and Jumptap’s software (i.e., programs) for the display of targeted advertisements.
25
Jumptap intentionally designs, manufactures, markets, promotes, sells, services, supports,
26
provides software developer kits and online help, and educates consumers, advertisers, and app
27
developers on its software, and systems and methodologies for delivering and displaying targeted
28
advertisements. Jumptap has known or should have known that these actions would cause direct
-37FIRST AMENDED COMPLAINT
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1
infringement of the ‘969 patent and did so with specific intent to encourage and aid direct
2
infringement.
198.
3
Streetspace is informed and believes and based thereon alleges that consumers,
4
advertisers, and app developers put Jumptap’s system for delivering and displaying targeted
5
advertisements into service, i.e., control the system as a whole and obtain benefit from it.
199.
6
Streetspace is informed and believes and based thereon alleges that based upon
7
Jumptap’s prior knowledge of the ‘969 patent and other facts to be proved at trial, Jumptap’s
8
infringement of the ‘969 patent has been and is willful.
200.
9
10
As a result of Jumptap’s infringement of the ‘969 patent, Streetspace has suffered
and is continuing to suffer damages in an amount to be determined at trial.
201.
11
Streetspace has suffered and will continue to suffer irreparable injury for which
12
there is no adequate remedy at law unless enjoined by this Court. Accordingly, Streetspace is
13
entitled to an injunction against further infringement by Jumptap.
202.
14
15
Jumptap’s infringement of the ‘969 patent is exceptional and entitles Streetspace to
attorneys’ fees and costs incurred in prosecuting this action under 35 U.S.C. § 285.
PRAYER FOR RELIEF
16
WHEREFORE, plaintiff Streetspace prays for judgment in its favor against all Defendants
17
18
for the following relief:
(a)
An Order adjudging Defendants to have infringed the ‘969 patent under 35 U.S.C.
21
(b)
An Order adjudging Defendants to have willfully infringed the ‘969 patent under
22
35 U.S.C. § 271;
23
(c)
19
20
§ 271;
A permanent injunction enjoining Defendants, their respective officers, directors,
24
agents, servants, employees and attorneys, parent and subsidiary companies, distributors,
25
affiliates, assignees and successors in interest, and those persons acting in concert or participation
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with Defendants, from directly or indirectly infringing the ‘969 patent in violation of 35 U.S.C. §
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271;
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(d)
That Defendants account for all gains, profits, and advantages derived by their
-38-
FIRST AMENDED COMPLAINT
3:10-CV-01757-LAB-AJB
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infringement of the ‘969 patent in violation of the 35 U.S.C. § 271, and that Defendants pay to
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Streetspace all damages suffered by Streetspace;
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(e)
An Order for a trebling of damages and/or exemplary damages because of
Defendants’ willful misconduct under 35 U.S.C. § 284;
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(f)
An Order adjudging that this case is an exceptional case;
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(g)
An award to Streetspace of the attorneys’ fees and costs incurred by Streetspace in
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connection with this action under 35 U.S.C. § 285;
(h)
An award of pre-judgment and post-judgment interest and costs of this action
against Defendants; and
(i)
Such other and/or further relief that this Court deems just and proper.
Dated: February 25, 2011
SAN DIEGO IP LAW GROUP LLP
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By:/s/Trevor Coddington
DOUGLAS E. OLSON
JAMES V. FAZIO, III
TREVOR Q. CODDINGTON, PH.D.
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Attorneys for Plaintiff
STREETSPACE, INC.
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-39FIRST AMENDED COMPLAINT
3:10-CV-01757-LAB-AJB
DEMAND FOR JURY TRIAL
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Pursuant to Rule 38 of the Federal Rules of Civil Procedure, plaintiff Streetspace hereby
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demands a trial by jury of all issues so triable.
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Dated: February 25, 2011
SAN DIEGO IP LAW GROUP LLP
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By:/s/Trevor Coddington
DOUGLAS E. OLSON
JAMES V. FAZIO, III
TREVOR Q. CODDINGTON, PH.D.
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Attorneys for Plaintiff
STREETSPACE, INC.
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-1DEMAND FOR JURY TRIAL
3:10-CV-01757-LAB-AJB
CERTIFICATE OF SERVICE
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I, the undersigned, certify and declare that I am over the age of 18 years old, employed in
the County of San Diego, State of California, and am not a party to the above-entitled action.
On February 25, 2011, I filed a copy of the following document:
FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
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by electronically filing with the Clerk of the Court using the CM/ECF system, which will send
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notification of such filing to the following email addresses:
John S. Kyle
Cooley LLP
Email: jkyle@cooley.com
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Frank V. Pietrantonio
Cooley LLP
Email: fpietrantonio@cooley.com
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Christopher C. Campbell
Cooley LLP
Email: ccampbell@cooley.com
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George A. Riley
O’Melveny & Myers LLP
Email: griley@omm.com
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Luann L. Simmons
O’Melveny & Myers LLP
Email: lsimmons@omm.com
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Anne E. Huffsmith
O’Melveny & Myers LLP
Email: ahuffsmith@omm.com
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Shawn E. McDonald
Foley & Lardner LLP
Email: semcdonald@foley.com
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Matthew B. Lowrie
Foley & Lardner LLP
Email: mlowrie@foley.com
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Justin E. Gray
Foley & Lardner LLP
Email: jegray@foley.com
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Kurt M. Kjelland
Goodwin Procter LLP
Email: kkjelland@goodwinprocter.com
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-1CERTIFICATE OF SERVICE
3:10-CV-01757-LAB-AJB
David Heskel Ben-Meir
Alston & Bird LLP
david.ben-meir@alston.com
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I hereby certify and declare, under the penalty of perjury, under the laws of the United
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States and of the State of California, that the foregoing is true and correct.
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Executed on this 25th day of February 2011, at San Diego, California.
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By: /s/ Trevor Coddington
Trevor Coddington
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-2CERTIFICATE OF SERVICE
3:10-CV-01757-LAB-AJB
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