Multimedia Patent Trust v. Apple Inc. et al

Filing 1

COMPLAINT with Jury Demand against All Defendants ( Filing fee $ 350 receipt number 0974-3157825.), filed by Multimedia Patent Trust. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Civil Cover Sheet)The new case number is 3:10-cv-2618-JLS-RBB. Judge Janis L. Sammartino and Magistrate Judge Ruben B. Brooks are assigned to the case. (Zisser, Bruce)(cge) (jcj).

Multimedia Patent Trust v. Apple Inc. et al

Doc. 1

1 QUINN EMANUEL URQUHART & SULLIVAN, LLP 2 3 4 5 6 7 8
Frederick A. Lorig (Bar No. 057645) [e-mail] Christopher A. Mathews (Bar No. 144021) [e-mail] Bruce R. Zisser (Bar No. 180607) [e-mail] Sidford Lewis Brown (Bar No. 107196) [e-mail] Vincent M. Pollmeier (Bar No. 210684) [e-mail] 865 South Figueroa Street, 10th Floor Los Angeles, California 90017-2543 Telephone: [phone] Facsimile: [phone] MULTIMEDIA PATENT TRUST

9 Attorneys for Plaintiff 10 11 12 13 14 statutory trust, 15 16 17 18 19 20 21 22 23 24 25 26 27 28
03718.22442/3736518.12

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA MULTIMEDIA PATENT TRUST, a Delaware

'10CV2618 JL CASE NO. _____________ S RBB

Plaintiff,

v. APPLE INC., a California corporation, CANON, INC., a Japanese corporation, CANON U.S.A., INC., a New York corporation, LG ELECTRONICS, INC., a Korean corporation, LG ELECTRONICS U.S.A., INC., a Delaware corporation, LG ELECTRONICS MOBILECOMM U.S.A., INC., a California corporation, TIVO, INC., a Delaware corporation, Defendants.

COMPLAINT FOR PATENT INFRINGEMENT DEMAND FOR JURY TRIAL

COMPLAINT FOR PATENT INFRINGEMENT Dockets.Justia.com

1 2

COMPLAINT Plaintiff Multimedia Patent Trust ("MPT") for its complaint against Defendants Apple Inc.

3 ("Apple"); Canon, Inc. and Canon U.S.A., Inc. ("Canon U.S.A.") (collectively "Canon"); LG 4 Electronics, Inc., LG Electronics U.S.A., Inc. ("LG U.S.A.") and LG Electronics MobileComm 5 U.S.A., Inc. ("LG MobileComm") (collectively "LG"); and TiVo, Inc. ("TiVo") (all collectively 6 "Defendants"), hereby demands a jury trial and alleges as follows: 7 8
1. Jurisdiction and Venue This Court has jurisdiction over the subject matter of this action under 28 U.S.C. §§

9 1331 and 1338(a). 10
2. Venue is established in this judicial district pursuant to 28 U.S.C. §§ 1391(c) and

11 1400(b). 12 13
3. Nature of the Action This is a civil action for infringement of United States Patent Nos. 4,958,226;

14 5,136,377; 5,227,878 and 5,500,678 (the "Patents-in-Suit"). This action is based upon the Patent 15 Laws of the United States, 35 U.S.C. § 1 et seq. 16 17
4. Parties Plaintiff Multimedia Patent Trust is a Delaware statutory trust under the Delaware

18 Statutory Trust Act, 12 Del. Code title 12 §§ 3801, et seq. 19
5. On information and belief, Defendant Apple is incorporated under the laws of the

20 state of California, having its principal place of business at 1 Infinite Loop, Cupertino, California 21 95014. Apple products accused of infringement in this Complaint are and have been offered for 22 sale and sold in this and other judicial districts for a period not yet known but continuing to this 23 date. Further, on information and belief, Apple operates one or more retail establishments in this 24 judicial district through which it sells the accused Apple products. 25
6. On information and belief, Defendant Canon, Inc. is incorporated under the laws of

26 Japan, having its principal place of business in Tokyo, Japan. On information and belief, Canon, 27 Inc. manufactures the products alleged to infringe herein and controls the decision of Canon 28
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COMPLAINT FOR PATENT INFRINGEMENT

1 U.S.A. to infringe or license the patents herein as an agent of the principal parent corporation, 2 Canon, Inc. 3
7. On information and belief, Defendant Canon U.S.A. is incorporated under the laws

4 of the state of New York, having its principal place of business at One Canon Plaza, Lake Success, 5 NY 11042. Canon U.S.A.'s products accused of infringement in this Complaint are and have been 6 offered for sale and sold in this and other judicial districts for a period not yet known but 7 continuing to this date. 8
8. On information and belief, Canon, Inc. and its agent Canon U.S.A. (collectively

9 "Canon") have and continue to collaborate in the manufacture, marketing and sale, in the United 10 States, of the Canon products accused of infringement in this Complaint. 11
9. On information and belief, Defendant LG Electronics, Inc. is incorporated under

12 the laws of the Republic of Korea, having its principal place of business in Seoul, Republic of 13 Korea. On information and belief, LG Electronics, Inc. manufactures the products alleged to 14 infringe herein and controls the decisions of LG U.S.A. and LG Mobilecomm to infringe or 15 license the patents herein as agents of the principal parent corporation, LG Electronics, Inc. 16
10. On information and belief, Defendant LG U.S.A. is incorporated under the laws of

17 the state of Delaware, having its principal place of business at 1000 Sylvan Avenue, Englewood 18 Cliffs, NJ 07632. LG U.S.A.'s products accused of infringement in this Complaint are and have 19 been offered for sale and sold in this and other judicial districts for a period not yet known but 20 continuing to this date.
11. On information and belief, LG USA operates marketing and/or

21 distribution facilities in this judicial district. 22
On information and belief, Defendant LG MobileComm is incorporated under the

23 laws of the state of California, having its principal place of business in this judicial district at 24 10101 Old Grove Rd, San Diego, CA 92131.
LG MobileComm's products accused of

25 infringement in this Complaint are and have been offered for sale and sold in this and other 26 judicial districts for a period not yet known but continuing to this date. 27 28
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COMPLAINT FOR PATENT INFRINGEMENT

1

12.

On information and belief, LG Electronics, Inc. and its agents LG U.S.A. and LG

2 MobileComm (collectively "LG") have and continue to collaborate in the manufacture, marketing 3 and sale, in the United States, of the LG products accused of infringement in this Complaint. 4
13. On information and belief, Defendant TiVo is incorporated under the laws of the

5 state of Delaware, having its principal place of business at 2160 Gold St., Alviso, CA 95002. 6 TiVo products accused of infringement in this Complaint are and have been offered for sale and 7 sold in this and other judicial districts for a period not yet known but continuing to this date. 8 9
14. Background Facts and the Patents-in-Suit The Patents-in-Suit are generally directed to systems and methods of encoding and

10 decoding signals representative of moving images (i.e., "video compression"). 11
15. Video compression techniques are used in many industries that involve either the

12 transmission of video from one location to another and/or the manufacture and sale of devices to 13 receive or store video signals. These industries include, for example: content providers; cable and 14 satellite companies; teleconferencing providers; television, electronics and cellular telephone 15 manufacturers; television broadcasters and digital media providers. 16
16. Video compression reduces the amount of digital data needed to represent video so

17 that it can be sent more efficiently over communications media, such as the Internet and satellites, 18 or stored more efficiently on storage media such as DVDs and Blu-Ray disks. Video consists of a 19 series of pictures, or frames, with each frame capturing a scene at an instant of time. When 20 viewed consecutively, the frames form video sequences. Video compression involves reducing 21 the amount of digital data needed to represent information about the content of these pictures or 22 frames while allowing a video to ultimately be reproduced from that information. 23
17. There are numerous benefits to video compression. For instance, it enables large

24 amounts of video data to be stored on smaller memory devices and permits broadcasters to 25 transmit greater numbers of programs using the same bandwidth over a particular transmission 26 medium. For example, without video compression it would be impossible to store a feature-length 27 film on a single DVD. Also, video retrieval via the Internet would not be feasible due to the huge 28 volume of uncompressed data that would need to be transmitted. The challenge that comes with
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COMPLAINT FOR PATENT INFRINGEMENT

1 video compression, however, is assuring that the video image ultimately reproduced from the 2 reduced amount of digital data is of sufficient quality. 3
18. A video signal is encoded (compressed) prior to being transmitted over a medium

4 or before it is stored on a medium. When the video signal is read off the storage medium or is 5 received at the other end, it is decoded (decompressed) to recreate either the original signal or, in 6 the case of a lossy compression technique (by which certain unnecessary bits of data are 7 eliminated), a close approximation of the original signal. When encoding a video, the video signal 8 is processed using a variety of techniques that reduce the amount of data, such as transformation, 9 quantization, motion-compensated prediction and variable length encoding. 10
19. Lucent, and its predecessor AT&T, Inc., through their research arm Bell Labs, have

11 a long history of research and development in the area of video compression. The Patents-in-Suit 12 claim apparatus and methods, developed at Bell Labs, for the encoding and decoding of video data 13 which are used in software and devices supporting various international standards, including 14 MPEG-2, MPEG-4, Part 2, H.263 and MPEG-4, Part 10 (H.264) video coding.
Lucent

15 transferred, assigned, conveyed, delivered and vested to MPT all of Lucent's interests and rights in 16 the Patents-in-Suit in all countries and jurisdictions, along with the right to sue for past 17 infringement (including all current and future claims and causes of action). 18
20. On September 18, 1990, the United States Patent and Trademark Office

19 ("USPTO") issued U.S. Patent No. 4,958,226 ("the `226 Patent") to Barin G. Haskell and Atul 20 Puri for their invention entitled "Conditional Motion Compensated Interpolation of Digital Motion 21 Video." On September 1, 2009, the USPTO issued a reexamination certificate confirming the 22 patentability of Claim 12 of the `226 patent, the only claim reexamined. MPT is now sole owner 23 of the `226 patent. A copy of the `226 Patent and the Ex Parte Reexamination Certificate are 24 attached hereto as Exhibit A. 25
21. On August 4, 1992, the USPTO issued U.S. Patent No. 5,136,377 ("the `377

26 Patent") to James D. Johnston, Scott C. Knauer, Kim N. Matthews, Arun N. Netravali, Eric D. 27 Petajan, Robert J. Safranek, and Peter H. Westerink for their invention entitled "Adaptive Non28
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COMPLAINT FOR PATENT INFRINGEMENT

1 Linear Quantizer." MPT is now sole owner of the `377 patent. A copy of the `377 Patent is 2 attached hereto as Exhibit B. 3
22. On July 13, 1993, the USPTO issued U.S. Patent No. 5,227,878 ("the `878 Patent")

4 to Atul Puri and Rangarajan Aravind for their invention entitled "Adaptive Coding and Decoding 5 of Frames and Fields of Video." MPT is now sole owner of the `878 patent. On September 27, 6 2005, the USPTO issued a Certificate of Correction for the `878 patent. A copy of the `878 Patent 7 and its Certificate of Correction are attached hereto as Exhibit C. 8
23. On March 19, 1996, the USPTO issued U.S. Patent No. 5,500,678 ("the `678

9 Patent") to Atul Puri for his invention entitled "Optimized Scanning of Transform Coefficients in 10 Video Coding." MPT is now sole owner of the `678 patent. On May 29, 2007, the USPTO issued 11 a Certificate of Correction for the `678 patent. A copy of the `678 Patent and its Certificate of 12 Correction are attached hereto as Exhibit D. 13 14 15 16
24. 25. COUNT I (Patent Infringement Against Apple) Paragraphs 1 through 23 are incorporated by reference as if stated fully herein. Apple continues to make, have made, use, sell, and offer for sale in the United

17 States, and import into the United States, computers and computing devices, computer software, 18 wireless telephones, and portable digital music players, which are capable of encoding and 19 decoding digital video. 20
26. These Apple products can encode and decode video in compliance with a variety of

21 standards promulgated by the International Organization for Standardization (ISO) and the 22 International Telecommunications Union (ITU), including MPEG-2, MPEG-4, Part 2, and H.264. 23 The ability to encode and/or decode video images in these formats are included, via Apple's built24 in QuickTime system, in Apple's laptop computers, desktop computers, and other computing 25 devices, including its MacBook, MacBook Pro, MacBook Air, iMac, Mac Mini, iPad and Mac Pro 26 lines of computers; are included in separately sold Apple software or software suites, including 27 Final Cut Studio, Final Cut Express, Final Cut Pro, Final Cut Server, iLife, QuickTime X, 28 QuickTime Player, QuickTime Pro, and iTunes; are found in Apple's Apple TV device; and are
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COMPLAINT FOR PATENT INFRINGEMENT

1 found in Apple's wireless telephones and portable digital music players, including the iPhone 3G,
th th rd th th 2 iPhone 3GS, iPhone 4, the 5 and 6 generations of the iPod, the 3 , 4 , and 5 generations of the

3 iPod Nano, and all versions of the iPod Touch. 4
27. Apple's products, including but not limited to the MacBook, MacBook Pro,

5 MacBook Air, iMac, Mac Mini, iPad, Mac Pro, Final Cut Studio, Final Cut Express, Final Cut 6 Pro, Final Cut Server, iLife, QuickTime X, QuickTime Player, QuickTime Pro, iTunes, Apple TV,
th 7 iPhone 4, and the iPod Touch (4 Gen), by virtue of the manner in which they encode and/or

8 decode video, infringe one or more claims of the `226 patent. 9
28. Apple's products, including but not limited to the MacBook, MacBook Pro,

10 MacBook Air, iMac, Mac Mini, Mac Pro, Final Cut Studio, Final Cut Express, Final Cut Pro,
th 11 Final Cut Server, iLife, QuickTime X, QuickTime Pro, iPhone 3GS, iPhone 4, iPod Nano (5 th 12 Gen), and the iPod Touch (4 Gen), by virtue of the manner in which they encode video, infringe

13 one or more claims of the `377 patent. 14
29. Apple's products, including but not limited to the MacBook, MacBook Pro,

15 MacBook Air, iMac, Mac Mini, iPad, Mac Pro, Final Cut Studio, Final Cut Express, Final Cut 16 Pro, Final Cut Server, iLife, QuickTime X, QuickTime Player, QuickTime Pro, iTunes, Apple TV,
th rd th 17 iPhone 3G, iPhone 3GS, iPhone 4, iPod (5th and 6 Gen), iPod Nano (3 -5 Gen), and the iPod st th 18 Touch (1 -4 Gen), by virtue of the manner in which they encode and/or decode video, infringe

19 one or more claims of the `878 patent. 20
30. Apple, therefore, by making, having made, offering for sale, selling and/or

21 importing its video-capable products, has been and still is directly infringing, contributorily 22 infringing, and/or inducing others to infringe each of the MPT Patents identified above in 23 paragraphs 27-29. Apple will continue to infringe unless enjoined by this court. 24
31. As a result of Apple's infringement of the above-identified patents, MPT is entitled

25 to a reasonable royalty on all video-capable products sold by Apple that embody an apparatus 26 claimed by those patents. 27 28
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COMPLAINT FOR PATENT INFRINGEMENT

1

32.

Apple's infringement of the MPT patents has caused and will continue to cause

2 MPT and its existing licensees substantial and irreparable injury for which MPT is entitled to 3 receive injunctive relief and damages adequate to compensate it for such infringement. 4
33. Apple has had actual knowledge of the claims of the `226, `377, and `878 patents

5 since no later than March 15, 2007 when MPT notified Apple of its infringement of those patents. 6 Despite such knowledge, Apple has refused to take a license and continues to infringe the patents 7 willfully and deliberately in disregard of MPT's patent rights. 8 9 10 11
34. 35. COUNT II (Patent Infringement Against Canon) Paragraphs 1 through 23 are incorporated by reference as if stated fully herein. Canon continues to offer for sale and sell in the United States, and import into the

12 United States, digital video cameras (camcorders); digital still cameras capable of capturing digital 13 video; and devices capable of encoding captured video onto disk. Canon's digital video recording 14 products accused of infringement by this Complaint include, but are not limited to, the VIXIA line 15 of HD camcorders, the PIXELA ImageMixer 3SE video processing software distributed with each 16 VIXIA HD camcorder, the DW-100 DVD Burner, the FS series digital camcorders, the DC series 17 DVD camcorders, the Roxio MyDVD video processing software distributed with each DC series 18 DVD camcorder, the Optura line of digital camcorders, Canon's professional line of HD 19 camcorders, the PowerShot line of digital still cameras, and the EOS line of digital SLR cameras. 20 These Canon products can variously encode and decode video in compliance with a variety of 21 standards promulgated by the International Organization for Standardization (ISO) and the 22 International Telecommunications Union (ITU), including MPEG-2, MPEG-4, Part 2, and H.264. 23
36. Canon's products, including but not limited to the VIXIA line of HD camcorders,

24 the PIXELA ImageMixer 3SE video processing software distributed with each VIXIA HD 25 camcorder, and the Roxio MyDVD video processing software distributed with each DC series 26 DVD camcorder, by virtue of the manner in which they encode and/or decode video, infringe one 27 or more claims of the `226 patent. 28
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COMPLAINT FOR PATENT INFRINGEMENT

1

37.

Canon's products, including but not limited to the VIXIA line of HD camcorders,

2 the PIXELA ImageMixer 3SE video processing software distributed with each VIXIA HD 3 camcorder, the DW-100 DVD Burner, the FS series digital camcorders, the DC series DVD 4 camcorders, the Roxio MyDVD video processing software distributed with each DC series DVD 5 camcorder, the Optura line of digital camcorders, Canon's professional line of HD camcorders, the 6 PowerShot line of digital still cameras, and the EOS line of digital SLR cameras, by virtue of the 7 manner in which they encode video, infringe one or more claims of the `377 patent. 8
38. Canon's products, including but not limited to the VIXIA line of HD camcorders,

9 the PIXELA ImageMixer 3SE video processing software distributed with each VIXIA HD 10 camcorder, the DW-100 DVD Burner, the Roxio MyDVD video processing software distributed 11 with each DC series DVD camcorder, the Optura line of digital camcorders, the PowerShot line of 12 digital still cameras, and the EOS line of digital SLR cameras, by virtue of the manner in which 13 they encode and/or decode video, infringe one or more claims of the `878 patent. 14 16 patent. 17
40. Canon, therefore, by the importing, offering for sale and selling of its video-capable 39. Canon's products, including but not limited to the VIXIA line of HD camcorders,

15 by virtue of the manner in which they encode video, infringe one or more claims of the `678

18 products, has been and still is directly infringing, contributorily infringing and/or inducing others 19 to infringe, each of the MPT patents identified above in paragraphs 36-39. Canon will continue to 20 infringe unless enjoined by this court. 21
41. As a result of Canon's infringement of the above-identified patents, MPT is entitled

22 to a reasonable royalty on all camcorder, camera and related products sold by Canon that embody 23 an apparatus or practice a method claimed by those patents. 24
42. Canon's infringement of the MPT patents has caused and will continue to cause

25 MPT and its existing licensees substantial and irreparable injury for which MPT is entitled to 26 receive injunctive relief and damages adequate to compensate it for such infringement. 27
43. Canon has had actual knowledge of the apparatus claims of the `226, `377, `878

28 and `678 patents since no later than March 19, 2007 when MPT notified Canon of its infringement
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COMPLAINT FOR PATENT INFRINGEMENT

1 of the Patents-in-Suit. Despite such knowledge, Canon has refused to take a license and continues 2 to infringe the patents willfully and deliberately in disregard of MPT's patent rights. 3 4 5 6
44. 45. COUNT III (Patent Infringement Against LG) Paragraphs 1 through 23 are incorporated by reference as if stated fully herein. LG continues to offer to sell and sell in the United States, and import into the

7 United States, cellular telephones having the ability to encode and decode video. LG's video8 capable cellular telephones accused of infringement by this Complaint, including, but not limited 9 to the Ally (V5740), Apex (US740), Axis (LGAS740), Banter Touch (UN510), Bliss (UX700), 10 Chocolate (VX8500), Chocolate (VX8550), Chocolate 3 (VX8560), Chocolate Touch (VX8575), 11 Dare (VX9700), Decoy (VX8610), Encore (GT550), EnV (VX9900), enV Touch (VX11000), 12 EnV2 (VX9100), EnV3 (VX9200), eXpo (GW820), Fathom (VS750), Force (LX370), Glimmer 13 (AX830), Incite (CT810), Invision (CB630), Lotus (LX600), Muziq (LX570), Neon (GT365), 14 Neon II (GW370), Octane (VN530), Optimus (P509), Optimus M (MS690), Optimus S (LS670, 15 Quantum (C900), Prime (GS390), Rhythm (AX585), Rhythm (UX585), Rumor (LX260), Scoop 16 (AX260), Shine (CU720), Spyder (LG830), Spyder II (LG840), Swift (AX500), Trax (CU575), 17 Tritan (AX840), Tritan (UX840), Venus (VX8800), Versa (VX9600), Vortex (VS660), Voyager 18 (VX10000), Vu (CU915), Vu (CU920), Wave (AX380), Xenon (GR500), AX565, AX8600, 19 CF360, CU500v, CU515, LG260, LG380, LX400, UX380, VX8350, VX8360, VX8700, VX9400, 20 can variously encode and decode video in compliance with a variety of standards promulgated by 21 the
International Organization for Standardization (ISO) and the International

22 Telecommunications Union (ITU), including MPEG-4, Part 2, H.263 and H.264. 23
46. LG's video-capable cellular telephones, including, but not limited to, those

24 identified above in paragraph 45, by virtue of the manner in which they encode and/or decode 25 video, infringe one or more claims of the `377 and `878 patents. 26
47. LG, therefore, by the importing, offering to sell and selling of its video-capable

27 cellular telephones has been and still is directly infringing and/or inducing others to infringe each 28
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COMPLAINT FOR PATENT INFRINGEMENT

1 of the MPT patents identified above in paragraph 46. LG will continue to infringe unless enjoined 2 by this court. 3
48. As a result of LG's infringement of the above-identified patents, MPT is entitled to

4 a reasonable royalty on all video-capable cellular telephones sold by LG that embody an apparatus 5 claimed by those patents. 6
49. LG's infringement of the MPT patents has caused and will continue to cause MPT

7 and its existing licensees substantial and irreparable injury for which MPT is entitled to receive 8 injunctive relief and damages adequate to compensate it for such infringement. 9
50. LG has had actual knowledge of the claims of the `377 and `878 patents since no

10 later than August 13, 2008 when MPT notified LG of its infringement of the Patents-in-Suit. 11 Despite such knowledge, LG has refused to take a license and continues to infringe the patents 12 willfully and deliberately in disregard of MPT's patent rights. 13 14 15 16
51. 52. COUNT IV (Patent Infringement Against TiVo) Paragraphs 1 through 23 are incorporated by reference as if stated fully herein. TiVo continues to offer for sale and sell in the United States digital video recorders

17 and related software. TiVo's digital video recorder products accused of infringement by this 18 Complaint include, but are not limited to, the Premier and Premier XL digital video recorders, the 19 TiVo Series 3 digital video recorders and the Desktop Plus software. These products can 20 variously encode and decode video in compliance with a variety of standards promulgated by the 21 International Organization for Standardization (ISO) and the International Telecommunications 22 Union (ITU), including MPEG-2, MPEG-4, Part 2, H.264 and VC-1. 23
53. TiVo's DVR products, including but not limited to the TiVo Series 3 digital video

24 recorders, by virtue of the manner in which they decode video, infringe one or more claims of the 25 `226 patent. 26
54. TiVo's DVR products, including but not limited to the Premier and Premier XL

27 digital video recorders and the TiVo Series 3 digital video recorder, by virtue of the manner in 28 which they decode video, infringe one or more claims of the `878 patent.
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COMPLAINT FOR PATENT INFRINGEMENT

1

55.

TiVo's Desktop Plus Software, by virtue of the manner in which it encodes and/or

2 decodes video, infringes one or more claims of the `377 and `878 patents. 3
56. TiVo, therefore, by its offering to sell and selling of its digital video recorder

4 products and related software has been and still is directly infringing, contributorily infringing 5 and/or inducing others to infringe each of the MPT patents identified above in paragraphs 53-55. 6 TiVo will continue to infringe unless enjoined by this court. 7
57. As a result of TiVo's infringement of the above-identified patents, MPT is entitled

8 to a reasonable royalty on all digital video recorder products and related software sold by TiVo 9 that embody an apparatus or practice a method claimed by those patents. 10
58. TiVo's infringement of the MPT patents has caused and will continue to cause

11 MPT and its existing licensees substantial and irreparable injury for which MPT is entitled to 12 receive injunctive relief and damages adequate to compensate it for such infringement. 13
59. TiVo has had actual knowledge of the claims of the `226, `377 and `878 patents

14 since no later than March 3, 2008 when MPT notified TiVo of its infringement of the Patents-in15 Suit. Despite such knowledge, TiVo has refused to take a license and continues to infringe the 16 patents willfully and deliberately in disregard of MPT's patent rights. 17 18 19 20
A. PRAYER FOR RELIEF WHEREFORE, Multimedia Patent Trust respectfully requests the following relief: A judgment holding the Defendants liable for infringement of the Patents-in-Suit

21 asserted against them; 22
B. A permanent injunction pursuant to 35 U.S.C. § 283 against Defendants, their

23 officers, agents, employees, attorneys, parent and subsidiary corporations, assigns and successors 24 in interest, and all others acting in concert or participation with them, enjoining them from 25 continued acts of infringement of the Patents-in-Suit asserted against them, to the extent those 26 patents have not yet expired; 27
C. An accounting of damages resulting from the Defendants' infringement of the

28 Patents-in-Suit asserted against them, together with pre-judgment and post-judgment interest;
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1

D.

A judgment holding that the Defendants' infringement is willful, and a trebling of

2 damages pursuant to 35 U.S.C. § 284; 3
E. A judgment holding this Action to be an exceptional case, and an award to Plaintiff

4 Multimedia Patent Trust for its attorneys' fees and costs pursuant to 35 U.S.C. § 285; and 5 6 7 DATED: December 20, 2010 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
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F.

Such other and further relief as this Court deems just and proper.

QUINN EMANUEL URQUHART & SULLIVAN, LLP

By:

s/Bruce R. Zisser Bruce R. Zisser Attorneys for Plaintiff MULTIMEDIA PATENT TRUST

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1 2 3 4 DATED: December 20, 2010 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
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JURY TRIAL DEMANDED Multimedia Patent Trust demands a trial by jury on all issues triable of right by a jury.

QUINN EMANUEL URQUHART & SULLIVAN, LLP

By:

s/Bruce R. Zisser Bruce R. Zisser Attorneys for Plaintiff MULTIMEDIA PATENT TRUST

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