Streetspace, Inc v. Google, Inc. et al

Filing 30

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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1 2 3 4 5 6 7 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. 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 12 STREETSPACE, INC., a Delaware corporation, 14 FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT Plaintiff, 13 CASE NO. 3:10-CV-01757-LAB-AJB vs. DEMAND FOR JURY TRIAL 15 16 17 18 19 20 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 21 Defendants. 22 23 24 25 26 27 28 FIRST AMENDED COMPLAINT 1 Plaintiff Streetspace, Inc. (“Streetspace” or “Company”) hereby submits, as matter of 2 right, its First Amended Complaint against Google Inc.; Admob, Inc.; Apple Inc.; Quattro 3 Wireless, Inc.; Nokia Corporation; Nokia Inc.; NAVTEQ Corporation; Millennial Media, Inc.; 4 Jumptap, Inc.; and DOES 1 through 20 (collectively “Defendants”), and alleges as follows: INTRODUCTION 5 6 1. This action involves patented technology relating to the facilitation, delivery, and 7 display of a personalized Internet experience and personalized location-based services including, 8 among other things, targeted advertising to consumers. Targeted advertising is a type of 9 advertising whereby advertisements are intelligently selected for display on a consumer’s 10 Internet-enabled terminal by analyzing collected consumer data, which may include a consumer’s 11 private and confidential information such as, but not limited to, a consumer’s profile, terminal 12 location, and/or terminal usage history, e.g., the consumer’s online behavior or past clickstream. 13 2. The Federal Trade Commission generally defines “consumer data” as data that can 14 be “reasonably linked to a specific consumer, computer, or other device.” See Protecting 15 Consumer Privacy in an Era of Rapid Change – A Proposed Framework for Businesses and 16 Policymakers, Preliminary FTC Staff Report, Federal Trade Commission (December 2010). 17 “Consumers live in a world where information is collected about their purchasing behavior, 18 online browsing habits, and other online and offline activity is collected, analyzed, combined, 19 used, and shared, often instantaneously and invisibly.” See id. at i. 20 3. All Defendants collect, analyze, use, and/or share consumer data to identify (or at 21 least predict) the needs and desires of consumers, including without limitation those located in or 22 passing through San Diego, California. Defendants tap into vast databases of consumers’ online 23 behavior, which are mainly gathered surreptitiously by tracking technologies that have become 24 ubiquitous on web sites and in application software (a.k.a., “application” or “app”) associated 25 with consumer terminals, e.g., handheld computers such as smartphones. Consumer data 26 including online behavior is often collected without the respective consumer’s knowledge or 27 consent. Using statistical analysis, Defendants are able to make assumptions about the proclivities 28 of an online consumer. -1FIRST AMENDED COMPLAINT 3:10-CV-01757-LAB-AJB 1 4. The Defendants are transforming the Internet into a place where online consumers 2 are becoming anonymous in name only. In general, the more consumer data – particularly 3 personal data – Defendants collect, the more they can charge for targeted advertising. PLAINTIFF STREETSPACE 4 5 5. Streetspace is a corporation organized and existing under the laws of the State of 6 Delaware with its principal place of business located at 702 Level 7, Uptown 2, No. 2 Jalan SS 7 21/37, Damansara Uptown, 47400 Petaling Jaya, Selangor, Malaysia, www.streetspace.com. 8 Streetspace designs and develops products and services capable (among other things) of 9 delivering personalized, targeted advertisements and location-based services over the Internet. 10 6. On January 25, 2005, the United States Patent & Trademark Office (“USPTO”) 11 duly and lawfully issued U.S. Patent No. 6,847,969, entitled “Method and System for Providing 12 Personalized Online Services and Advertisements in Public Spaces” (hereinafter “the ‘969 13 patent”). A true and correct copy of the ‘969 patent is attached hereto as Exhibit A. The ‘969 14 patent was filed as PCT International Application No. PCT/US00/11840 on May 3, 2000, and 15 claims priority to United States Provisional Patent Application Nos. 60/132,168 and 60/160,760, 16 filed on May 3, 1999, and October 21, 1999, respectively. 17 7. In or about October, 1999, Streetspace deployed a network of terminals throughout 18 Berkeley, California at various bookstores, retail stores, cafés and restaurants. The terminals, 19 which were referred to as “Street Linc” terminals at the time, provided users with free e-mail 20 access, web browsing, social community conversation, and personalized online information. 21 Within just a few weeks, Streetspace had over 30,000 registered users—approximately one-third 22 of the city’s population. Streetspace continued to grow its user base throughout California from 23 San Francisco to San Jose, installing terminals at various high-traffic locations, including 24 McDonald’s restaurants, Tower Records, and the AT&T Baseball Park (then known as Pac Bell 25 Park). Importantly, Street Linc terminals also displayed advertisements, which were dynamically 26 selected based on terminal location, time, a user’s profile, and/or a user’s recorded usage of the 27 Street Linc terminals. 28 8. The Street Linc terminal was envisioned with the idea that users would be able to -2- FIRST AMENDED COMPLAINT 3:10-CV-01757-LAB-AJB 1 simply “walk up to the Web” in thousands of retail locations, shopping malls, banks, transit hubs, 2 restaurants, cafés and places of interest for quick check-ins for email, information, or online 3 services to users “on the go.” The Street Linc terminal engages users at the point they are most 4 likely to conduct a retail transaction, book a ticket, or make a purchase query. 5 9. IDEO, a design and innovation consulting firm, provided industrial design for the 6 Street Linc terminal. IDEO is known for creating Apple’s first mouse. Streetspace was awarded 7 U.S. Design Patent Nos. D433,679 and D451,916, on November 14, 2000, and December 11, 8 2001, respectively, for the innovative design of the Street Linc terminal. 9 10. Street Linc terminals were also deployed during the 2002 Winter Olympic Games 10 in the Olympic Village at Salt Lake City, Utah. Users were able to browse information on sports 11 venues, events and results as well as general information such as hotels and tourist sites in Salt 12 Lake City. 13 11. Streetspace currently markets and sells terminals under the brand name, The Web 14 Station™. Streetspace Web Stations are deployed as Internet banking terminals by leading 15 Malaysian banks such as Maybank, CIMB Bank and AFFIN Bank. Streetspace Web Stations are 16 also deployed by the Ministry of Human Resources, Malaysia. 17 12. Another of Streetspace’s premier, licensed products is Streetpartner™, which is a 18 web-based network management tool that allows Streetspace customers to remotely operate Web 19 Stations. Streetpartner also allows network managers, businesses and retailers to monitor and 20 analyze users’ locations, profiles, and network usage histories, thus enabling them to deliver 21 personalized content (such as targeted advertising and/or location-based services) across the Web 22 Station network. Indeed, Streetspace markets its technology as providing retailers and partners 23 with the opportunity to deliver targeted and/or personalized advertisements to specific customers 24 based on user profile, usage history, time, and/or location. 25 13. Streetspace continues to license Streetpartner and sell terminals. DEFENDANT GOOGLE 26 27 28 14. 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 -3FIRST AMENDED COMPLAINT 3:10-CV-01757-LAB-AJB 1 Delaware with its principal place of business at 1600 Amphitheatre Parkway, Mountain View, 2 California 94043. 3 15. Streetspace is informed and believes and based thereon alleges that Google is in 4 the business (among other things) of collecting, analyzing, using, and/or sharing (with third 5 parties) consumer data to facilitate and/or deliver a personalized Internet experience including, 6 among other things, targeted advertising (such as those represented by or associated with 7 Google’s AdSense, AdWords, and Google Mobile Ads) and other personalized location-based 8 services to consumers. According to Google’s Privacy Policy (March 11, 2009), Google collects, 9 among other things, personal information, log information, and location data for the purpose of 10 “providing our services, including the display of customized content and advertising.” DEFENDANT ADMOB 11 12 16. Streetspace is informed and believes and based thereon alleges that defendant 13 Admob, Inc. (“Admob”) is a corporation organized and existing under the laws of the State of 14 Delaware with its principal place of business at 1600 Amphitheatre Parkway, Mountain View, 15 CA 94043. 16 17. Streetspace is informed and believes and based thereon alleges that Google 17 acquired Admob for $750 million in April 2010. Defendant Apple Inc. had also expressed 18 interest in purchasing Admob the same year, but was out-bid by Google. 19 20 21 18. 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. 19. Streetspace is informed and believes and based thereon alleges that Admob is in 22 the business of (among other things) collecting, analyzing, using, and/or sharing (with third 23 parties) consumer data to facilitate and/or deliver a personalized Internet experience including 24 targeted advertising to consumers. According to Admob’s Privacy Policy (October 30, 2009), 25 Admob provides mobile advertising services to advertisers and publishers. AdMob collects 26 certain information about visitors to publishers’ sites that connect to the Admob mobile 27 advertising services. Admob automatically collects and receives information about those visitors 28 such as, but not limited to, browser identifiers, session information, browser cookies, device type, -4FIRST AMENDED COMPLAINT 3:10-CV-01757-LAB-AJB 1 carrier provider, IP addresses, unique device ID, carrier user ID, geo-location information, sites 2 visited and clicked-on advertisements displayed. Admob may track that information over time 3 and over multiple publishers’ sites and use non-personally identifiable information collected from 4 such visitors to provide reports to advertisers and others and to help Admob display 5 advertisements that may be of interest to visitors. DEFENDANT APPLE 6 7 20. Streetspace is informed and believes and based thereon alleges that defendant 8 Apple Inc. (“Apple”) is a corporation organized and existing under the laws of the State of 9 California with its principal place of business at 1 Infinite Loop, M/S 3-PAT, Cupertino, 10 California 95014. 11 21. Streetspace is informed and believes and based thereon alleges that Apple is in the 12 business (among other things) of collecting, analyzing, using, and/or sharing (with third parties) 13 consumer data to facilitate and/or deliver a personalized Internet experience including, among 14 other things, targeted advertising (such as those represented by or associated with Apple’s iAd 15 advertising system) and other personalized location-based services to consumers. According to 16 Apple’s Privacy Policy (available at www.apple.com/legal/privacy), Apple uses cookies and 17 collects personal information and location information to develop and deliver advertising. DEFENDANT QUATTRO WIRELESS 18 19 22. Streetspace is informed and believes and based thereon alleges that defendant 20 Quattro Wireless, Inc. (“Quattro Wireless”) is a corporation organized and existing under the laws 21 of the State of Delaware with its principal place of business at 260 Charles Street, Waltham, 22 Massachusetts 02453. 23 24 25 23. Streetspace is informed and believes and based thereon alleges that Apple acquired Quattro Wireless for $275 million in January 2010. 24. Streetspace is informed and believes and based thereon alleges that Apple shut 26 down Quattro Wireless’ advertising network as of September 2010 to focus exclusively on its iAd 27 advertising system. 28 25. Streetspace is informed and believes and based thereon alleges that Apple directs -5- FIRST AMENDED COMPLAINT 3:10-CV-01757-LAB-AJB 1 and/or controls (or used to direct and/or control), and is jointly and severally liable for, the 2 infringing activities of Quattro Wireless. 3 26. Streetspace is informed and believes and based thereon alleges that Quattro 4 Wireless is in the business of collecting, analyzing, using, and sharing (with third parties) 5 consumer data to facilitate and/or deliver a personalized Internet experience including targeted 6 advertising to consumers. According to Quattro Wireless’ Privacy Policy, Quattro Wireless 7 collects personally identifiable information and mobile consumer information such as, but not 8 limited to site click-thru behavior and ads visited. Quattro Wireless also assembles non-personal 9 behavioral, location and/or demographic clusters in order to facilitate optimal ad matching. THE NOKIA DEFENDANTS 10 11 27. Streetspace is informed and believes and based thereon alleges that defendant 12 Nokia Corporation is a foreign public limited liability company organized and existing under the 13 laws of the Republic of Finland with its principal place of business at Keilalahdentie 4, P.O. Box 14 226, FI-00045, Espoo, Finland. 15 28. Streetspace is informed and believes and based thereon alleges that defendant 16 Nokia Inc. is a wholly-owned subsidiary of Nokia Corporation with its principal place of business 17 at 102 Corporate Park Drive, White Plains, New York 10604. 18 29. Streetspace is informed and believes and based thereon alleges that Nokia 19 Corporation directs and /or controls, and is jointly and severally liable for, the infringing acts of 20 Nokia Inc. 21 30. Streetspace is informed and believes and based thereon alleges that Nokia 22 Corporation and Nokia Inc. are in the business (among other things) of collecting, analyzing, 23 using, and/or sharing (with third parties) consumer data to facilitate and/or deliver a personalized 24 Internet experience including, among other things, targeted advertising and other personalized 25 location-based services to consumers. According to Nokia’s Privacy Policy (March 12, 2008), 26 Nokia collects personal information and certain technical information (including, but not limited 27 to IP-address, access times, the website a user linked from, pages visited, links used, and the 28 adbanners viewed), to display customized content and advertising. -6FIRST AMENDED COMPLAINT 3:10-CV-01757-LAB-AJB 1 31. Streetspace is informed and believes and based thereon alleges that Navteq 2 Corporation (“Navteq”) is a corporation organized and existing under the laws of the State of 3 Delaware with its principal place of business at 425 W. Randolph Street, Chicago, Illinois 60606. 4 32. Streetspace is informed and believes and based thereon alleges that Navteq is a 5 wholly-owned subsidiary of Nokia Corporation and/or Nokia Inc. Navteq was purchased for $8.1 6 billion on July 10, 2008. Streetspace is further informed and believes and based thereon alleges 7 that Nokia Corporation and/or Nokia Inc. directs and/or controls, and is/are jointly and severally 8 liable for, the infringing acts of Navteq. 9 33. Streetspace is informed and believes and based thereon alleges that Navteq is in 10 the business (among other things) of collecting, analyzing, using, and/or sharing (with third 11 parties) consumer data to facilitate and/or deliver a personalized Internet experience including, 12 among other things, targeted advertising (such as those represented by or associated with 13 Navteq’s LocationPoint Advertising service) and other personalized location-based services to 14 consumers. According to Navteq’s Privacy Policy (February 2010), Navteq collects personal 15 information, certain technical information, and location data to display advertising customized to 16 a recipient’s interests and preferences. DEFENDANT MILLENNIAL MEDIA 17 18 34. Streetspace is informed and believes and based thereon alleges that defendant 19 Millennial Media, Inc. (“Millennial Media”) is a corporation organized and existing under the 20 laws of the State of Delaware with its principal place of business at 2400 Boston Street, 3rd Floor 21 Suite 308, Baltimore, Maryland 21224. 22 35. Streetspace is informed and believes and based thereon alleges that Millennial 23 Media is in the business of collecting, analyzing, using, and/or sharing consumer data (with third 24 parties) to facilitate and/or deliver a personalized Internet experience including targeted 25 advertising (such as those represented by or associated with Millennial Media’s MYDAS 26 advertising platform and UMPIRE ad serving technology) to consumers. According to Millennial 27 Media’s Privacy Policy, Millennial Media collects consumer data to deliver better targeted 28 marketing messages to consumers. -7FIRST AMENDED COMPLAINT 3:10-CV-01757-LAB-AJB DEFENDANT JUMPTAP 1 2 36. Streetspace is informed and believes and based thereon alleges that defendant 3 Jumptap, Inc. (“Jumptap”) is a corporation organized and existing under the laws of the State of 4 Delaware with its principal place of business at 10 Canal Park, 5th Floor, Cambridge, 5 Massachusetts 02141. 6 37. Streetspace is informed and believes and based thereon alleges that Jumptap is in 7 the business of collecting, analyzing, using, and/or sharing (with third parties) consumer data to 8 facilitate and/or deliver a personalized Internet experience including targeted advertising to 9 consumers. According to Jumptap’s Privacy Policy, Jumptap provides mobile advertising 10 technology and services to its partners (publishers of mobile web sites and wireless carriers), and 11 operates a mobile advertising network. When Jumptap serves ads for its partners or on its 12 network, Jumptap seeks to make the ads more relevant to users’ interests. Jumptap and its 13 partners do this by matching the ads to characteristics such as the time of day, carrier network, 14 content of the site, application or page on which the ad is displayed, the type of mobile device and 15 web browser used, anonymous information about the browsing behavior or search queries of the 16 user and other information including data provided by its partners. To assist in tracking a user’s 17 activity, Jumptap or its partners may use a mobile browser cookie, a unique but anonymous 18 identifier. DOES 1 THROUGH 20 19 20 38. Streetspace is ignorant of the true names and capacities of the parties sued herein 21 as DOES 1 through 20, inclusive, whether individual, corporate or otherwise, and therefore sues 22 these defendants by such fictitious names. Streetspace will amend the complaint to assert their 23 true names when they have been ascertained. Streetspace is informed and believes and based 24 thereon alleges that all defendants sued herein as DOES 1 through 20 are in some manner 25 responsible for the acts and omissions alleged herein. JURISDICTION AND VENUE 26 27 28 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 -8FIRST AMENDED COMPLAINT 3:10-CV-01757-LAB-AJB 1 2 jurisdiction over this action under 28 U.S.C. § 1331 and 28 U.S.C. § 1338(a). 40. This Court has personal jurisdiction over Google because it is a resident of 3 California, conducts business in California and this judicial district, and has committed acts of 4 patent infringement in California and this judicial district, such as facilitating and delivering a 5 personalized Internet experience and personalized location-based services including, among other 6 things, targeted advertising to consumers. 7 41. This Court has personal jurisdiction over Admob because it is a resident of 8 California, conducts business in California and this judicial district, and has committed acts of 9 patent infringement in California and in judicial district, such as facilitating and delivering a 10 11 personalized Internet experience including targeted advertising to consumers. 42. This Court has personal jurisdiction over Apple because it is a resident of 12 California, conducts business in California and this judicial district, and has committed acts of 13 patent infringement in California and this judicial district, such as facilitating and delivering a 14 personalized Internet experience and personalized location-based services including, among other 15 things, targeted advertising to consumers. 16 43. This Court has personal jurisdiction over Quattro Wireless because it conducts 17 business in California and this judicial district, and has committed acts of patent infringement in 18 California and this judicial district, such as such as facilitating and delivering a personalized 19 Internet experience including targeted advertising to consumers. 20 44. This Court has personal jurisdiction over Nokia Corporation because it maintains 21 an office and/or research and development teams in this judicial district, and because it conducts 22 business in California and this judicial district, such as facilitating and delivering a personalized 23 Internet experience and personalized location-based services including, among other things, 24 targeted advertising to consumers. 25 45. This Court has personal jurisdiction over Nokia Inc. because it maintains an office 26 and/or research and development teams in this judicial district, and because it conducts business 27 in California and this judicial district, such as facilitating and delivering a personalized Internet 28 experience and personalized location-based services including, among other things, targeted -9FIRST AMENDED COMPLAINT 3:10-CV-01757-LAB-AJB 1 2 advertising to consumers. 46. This Court has personal jurisdiction over Navteq because it conducts business in 3 California and this judicial district, such as facilitating and delivering a personalized Internet 4 experience including targeted advertising to consumers. 5 47. This Court has personal jurisdiction over Millennial Media because it conducts 6 business in California and this judicial district and because it has committed acts of patent 7 infringement in this judicial district, such as such as facilitating and delivering a personalized 8 Internet experience including targeted advertising to consumers. 9 48. This Court has personal jurisdiction over Jumptap because it conducts business in 10 California and this judicial district and because it has committed acts of patent infringement in 11 this judicial district, such as such as facilitating and delivering a personalized Internet experience 12 including targeted advertising to consumers. 13 49. Streetspace is informed and believes and based thereon alleges that each of the 14 Defendants has placed its infringing system or components thereof in the stream of commerce 15 with knowledge and intent that the system or components thereof would be distributed and sold 16 directly or through others to consumers in California and this judicial district. In addition, 17 Streetspace is informed and believes and based thereon alleges that each of the Defendants 18 induces advertisers and consumers in California to infringe the ‘969 patent, and sells and offers to 19 sell its infringing services to residents in California and this judicial district and/or each of the 20 Defendants contracts or has contracted with third party advertisers and vendors in California and 21 this judicial district. 22 50. Venue is proper in this judicial district under 28 U.S.C. § 1391 and § 1400(b) 23 because defendants have regularly transacted business in this judicial district and certain of the 24 acts complained of herein occurred in this judicial district. THE PATENT IN SUIT 25 26 27 28 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: -10- FIRST AMENDED COMPLAINT 3:10-CV-01757-LAB-AJB 1 “The system also creates a highly targetable community of users to whom advertising or 2 marketing content may be directed, and provides advertisers, marketers, and merchants with an 3 effective one-to-one video-based, multimedia marketing tool for making their products and 4 services known to a user population most likely to be interested in such products and services.” 5 Col. 4: 59-65. “This ‘street space’ allows users and service providers or advertisers to interact and 6 engage in commercial transactions.” Col. 4: 65-67. 7 53. The ‘969 patent also describes, among other things, an “intelligent advertiser.” “In 8 addition to user services, the system provides a method of generating and delivering pinpoint 9 advertising/marketing content based upon (1) the user profile, (2) user history, (3) the physical 10 location of the user, (4) the time of day the user accesses the system. The combined personal 11 information from the user profile and user history, along with the user’s physical location and 12 time of using the system provides pinpoint advertising capability in real time.” Col. 7: 56-63. 13 “The system provides an intelligent advertiser program to create highly targeted advertisements to 14 the user based upon the user profile and user history combined with the location and time that the 15 user accesses the system.” Col. 8: 55-58. 16 54. The ‘969 patent includes 23 claims. Independent claims 1, 12, and 19 were 17 corrected via a Certificate of Correction issued on February 21, 2006. The Certificate of 18 Correction was necessitated by a United States Patent & Trademark Office mistake. 19 55. The ‘969 patent claims systems and methods for providing personalized online 20 services and advertisements employing a terminal, a database having a profile for a user and 21 usage history for the user, and a program for displaying personalized information. 22 COUNT ONE 23 (Patent Infringement against Google) 24 25 26 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 27 been and is infringing, and/or inducing others to infringe one or more claims of the ‘969 patent 28 literally and/or under the doctrine of equivalents by making, using, selling, importing, exporting, -11FIRST AMENDED COMPLAINT 3:10-CV-01757-LAB-AJB 1 and/or offering for sale (among other things) a method and/or system for providing personalized 2 information and/or targeted online advertising services based on location, consumers’ profiles 3 and/or usage history, such as AdWords, AdSense, and Google Mobile Ads, and/or by making, 4 using, selling, importing, exporting, and/or offering for sale (among other things) Google G1, 5 Nexus One and other Android-enabled terminals and other products and/or services that deliver or 6 are capable of delivering personalized information and/or targeted online advertising services 7 based on location, consumers’ profiles and/or usage history. Google’s Direct Infringement 8 9 58. Streetspace is informed and believes and based thereon alleges that Google 10 directly infringes one or more claims of the ‘969 patent either literally or under the doctrine of 11 equivalents by making, using, selling, importing, exporting, and/or offering for sale a system 12 and/or method that employs a terminal, a database, and a program as recited in one or more 13 claims of the ‘969 patent. 14 59. Streetspace is informed and believes and based thereon alleges that Google 15 imports, exports, makes, uses, sells, and/or offers for sale terminals such as, but not limited to, 16 smartphones associated with the brand name Nexus or Google’s Android operating system. See, 17 e.g., www.google.com/phone. Google software for facilitating and/or delivering (for display) 18 personalized information is also employed in various third party branded terminals. 19 60. Streetspace is informed and believes and based thereon alleges that Google’s 20 Android operating system has attracted more than 21 hardware makers and 60 carriers in 40 21 countries. There are now over 60 Android compatible devices. Google represents that over 22 100,000 new Android devices are activated every day. 23 61. Streetspace is informed and believes and based thereon alleges that Google 24 operates over one million servers and databases in data centers around the world and processes 25 over one billion search requests and about twenty-four petabytes (i.e., 24 x 1000 terabytes) of 26 user-generated data every day. Google reports that its average response time to a search request 27 is a fraction of a second. 28 62. Streetspace is informed and believes and based thereon alleges that Google -12- 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 3:10-CV-01757-LAB-AJB 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 3:10-CV-01757-LAB-AJB 1 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 3:10-CV-01757-LAB-AJB 1 143. 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 3:10-CV-01757-LAB-AJB 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 3:10-CV-01757-LAB-AJB 1 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 3:10-CV-01757-LAB-AJB 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 3:10-CV-01757-LAB-AJB 1 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 3:10-CV-01757-LAB-AJB 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 3:10-CV-01757-LAB-AJB 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 3:10-CV-01757-LAB-AJB 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 3:10-CV-01757-LAB-AJB 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 26 with Defendants, from directly or indirectly infringing the ‘969 patent in violation of 35 U.S.C. § 27 271; 28 (d) That Defendants account for all gains, profits, and advantages derived by their -38- FIRST AMENDED COMPLAINT 3:10-CV-01757-LAB-AJB 1 infringement of the ‘969 patent in violation of the 35 U.S.C. § 271, and that Defendants pay to 2 Streetspace all damages suffered by Streetspace; 3 4 (e) An Order for a trebling of damages and/or exemplary damages because of Defendants’ willful misconduct under 35 U.S.C. § 284; 5 (f) An Order adjudging that this case is an exceptional case; 6 (g) An award to Streetspace of the attorneys’ fees and costs incurred by Streetspace in 7 8 9 10 11 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 12 13 By:/s/Trevor Coddington DOUGLAS E. OLSON JAMES V. FAZIO, III TREVOR Q. CODDINGTON, PH.D. 14 15 Attorneys for Plaintiff STREETSPACE, INC. 16 17 18 19 20 21 22 23 24 25 26 27 28 -39FIRST AMENDED COMPLAINT 3:10-CV-01757-LAB-AJB DEMAND FOR JURY TRIAL 1 2 Pursuant to Rule 38 of the Federal Rules of Civil Procedure, plaintiff Streetspace hereby 3 demands a trial by jury of all issues so triable. 4 Dated: February 25, 2011 SAN DIEGO IP LAW GROUP LLP 5 6 By:/s/Trevor Coddington DOUGLAS E. OLSON JAMES V. FAZIO, III TREVOR Q. CODDINGTON, PH.D. 7 8 Attorneys for Plaintiff STREETSPACE, INC. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -1DEMAND FOR JURY TRIAL 3:10-CV-01757-LAB-AJB CERTIFICATE OF SERVICE 1 2 3 4 5 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 6 by electronically filing with the Clerk of the Court using the CM/ECF system, which will send 7 notification of such filing to the following email addresses: John S. Kyle Cooley LLP Email: jkyle@cooley.com 8 9 Frank V. Pietrantonio Cooley LLP Email: fpietrantonio@cooley.com 10 11 Christopher C. Campbell Cooley LLP Email: ccampbell@cooley.com 12 13 George A. Riley O’Melveny & Myers LLP Email: griley@omm.com 14 15 Luann L. Simmons O’Melveny & Myers LLP Email: lsimmons@omm.com 16 17 Anne E. Huffsmith O’Melveny & Myers LLP Email: ahuffsmith@omm.com 18 19 Shawn E. McDonald Foley & Lardner LLP Email: semcdonald@foley.com 20 21 Matthew B. Lowrie Foley & Lardner LLP Email: mlowrie@foley.com 22 23 Justin E. Gray Foley & Lardner LLP Email: jegray@foley.com 24 25 Kurt M. Kjelland Goodwin Procter LLP Email: kkjelland@goodwinprocter.com 26 27 28 -1CERTIFICATE OF SERVICE 3:10-CV-01757-LAB-AJB David Heskel Ben-Meir Alston & Bird LLP david.ben-meir@alston.com 1 2 3 I hereby certify and declare, under the penalty of perjury, under the laws of the United 4 States and of the State of California, that the foregoing is true and correct. 5 Executed on this 25th day of February 2011, at San Diego, California. 6 7 By: /s/ Trevor Coddington Trevor Coddington 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2CERTIFICATE OF SERVICE 3:10-CV-01757-LAB-AJB

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