CyberFone Systems LLC v. CNN Interactive Group Inc. et al

Filing 1

COMPLAINT filed with Jury Demand against ABC Inc., CBS Interactive Inc., CNN Interactive Group Inc., Craigslist Inc., Dow Jones & Co., Inc., ESPN, Inc., Flixster LLC, Fox News Network LLC, Groupon Inc., Home Box Office Inc., Hulu LLC, IMDB.Com, Inc., Jumptap Inc., Linkedin Corporation, MLB Advanced Media LP, Meebo Inc., Myspace Inc., NBA Media Ventures LLC, NFL Enterprises LLC, Netflix Inc., Skype Inc., Twitter Inc., Univision Interactive Media Inc., Warner Bros Entertainment Inc., Yahoo! Inc., Yelp! Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 350, receipt number 0311-945741.) - filed by LVL Patent Group LLC. (Attachments: # 1 Exhibit A part 1, # 2 Exhibit A part 2, # 3 Civil Cover Sheet)(els) Modified on 9/20/2011 (dzs, ).

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
LVL PATENT GROUP, LLC,
Plaintiff,
v.

Civil Action No.

CNN INTERACTIVE GROUP, INC.; ABC,
INC.; ESPN, INC.; CBS INTERACTIVE,
INC.; FOX NEWS NETWORK, LLC;
WARNER BROS. ENTERTAINMENT,
INC.; UNIVISION INTERACTIVE MEDIA,
INC.; IMDB.COM, INC.; HOME BOX
OFFICE, INC.; NETFLIX, INC.; DOW
JONES & COMPANY, INC.; HULU, LLC;
MLB ADVANCED MEDIA, L.P.; NBA
MEDIA VENTURES, LLC; NFL
ENTERPRISES, LLC; FLIXSTER, LLC
JUMPTAP, INC.; YAHOO!, INC.; SKYPE
INC.; GROUPON, INC.; TWITTER, INC.;
LINKEDIN CORP.; MYSPACE, INC.;
CRAIGSLIST, INC.; MEEBO, INC.; AND
YELP! INC.,

DEMAND FOR JURY TRIAL

Defendants.
COMPLAINT
Plaintiff LVL Patent Group, LLC, (“LVL”) alleges as follows:
PARTIES
1.

LVL is a Virginia corporation with a principal place of business at 2331 Mill

Road, Suite 100, Alexandria, Virginia 22314.
2.

On information and belief, Defendant CNN Interactive Group, Inc. (“CNN”) is a

Delaware corporation with its principal place of business at 1 Time Warner Center, New York,
New York 10019. CNN has appointed The Corporation Trust Company, Corporation Trust
Center, 1209 Orange Street, Wilmington, Delaware 19801, as its agent for service of process.
3.

On information and belief, Defendant ABC, Inc., (“ABC”) is a New York

corporation with a principal place of business at 77 West 66th Street, New York, New York

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10023.

ABC has appointed National Registered Agents, Inc., 160 Greentree Drive, Suite 101

Dover, Delaware 19904, as its agent for service of process.
4.

On information and belief, Defendant ESPN, Inc., (“ESPN”) is a Delaware

Corporation with a principal place of business at ESPN Plaza, Bristol, Connecticut 06010.
ESPN has appointed Corporation Service Company, 2711 Centerville Road, Suite 400,
Wilmington, Delaware 19808, as its agent for service of process.
5.

On information and belief, Defendant CBS Interactive Inc. (“CBS”) is a Delaware

corporation with its principal place of business 51 West 52nd Street, New York, New York.
CBS has appointed Corporation Service Company, 2711 Centerville Road, Suite 400,
Wilmington, Delaware 19808, as its agent for service of process.
6.

On information and belief, Defendant Fox News Network, LLC (“Fox”) is a

Delaware limited liability company with its principal place of business at 1201 West Pico
Boulevard, Los Angeles, California 90064. Fox has appointed The Corporation Trust Company,
Corporation Trust Center, 1209 Orange Street, Wilmington, Delaware 19801, as its agent for
service of process.
7.

On information and belief, Defendant Warner Bros. Entertainment, Inc.

(“Warner”) is a Delaware corporation with its principal place of business at 1 Time Warner
Center, New York, New York 10019. Warner has appointed The Corporation Trust Company,
Corporation Trust Center, 1209 Orange Street, Wilmington, Delaware 19801, as its agent for
service of process.
8.

On information and belief, Defendant Univision Interactive Media, Inc.

(“Univision”) is a Delaware corporation with its principal place of business at 9405 NW 41st
Street, Doral Florida 33178.

Univision has appointed The Corporation Trust Company,

Corporation Trust Center, 1209 Orange Street, Wilmington, Delaware 19801, as its agent for
service of process.
9.

On information and belief, Defendant IMDb.com, Inc. (“IMDb”) is a Delaware

corporation with its principal place of business at 410 Terry Avenue N, Seattle, Washington
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98109. IMDb has appointed Corporation Service Company, 2711 Centerville Road, Suite 400
Wilmington, Delaware 19808, as its agent for service of process.
10.

On information and belief, Defendant Home Box Office, Inc. (“Home”) is a

Delaware corporation with its principal place of business at 1100 Avenue of the Americas, New
York, New York 10036. Home has appointed The Corporation Trust Company, Corporation
Trust Center, 1209 Orange Street, Wilmington, Delaware 19801, as its agent for service of
process.
11.

On information and belief, Defendant Netflix, Inc. (“Netflix”) is a Delaware

corporation with its principal place of business at 100 Winchester Circle, Los Gatos, California
95032. Netflix has appointed The Corporation Trust Company, Corporation Trust Center, 1209
Orange Street, Wilmington, Delaware 19801, as its agent for service of process.
12.

On information and belief, Dow Jones & Company, Inc. (“DOW”) is a Delaware

corporation with its principal place of business at P.O. Box 300, Princeton, New Jersey 08543.
DOW has appointed The Corporation Trust Company, Corporation Trust Center, 1209 Orange
Street, Wilmington, Delaware 19801, as its agent for service of process.
13.

On information and belief, Defendant Hulu, LLC (“Hulu”) is a Delaware limited

liability company with its principal place of business at 1 Tower Lane, Ste 1200, Oakbrook,
Terrace, Illinois 60181. Hulu has appointed Corporation Service Company, 2711 Centerville
Road, Suite 400 Wilmington, Delaware 19808, as its agent for service of process.
14.

On information and belief, Defendant MLB Advanced Media, LP (“MLB”) is a

Delaware limited liability company with its principal place of business at 80 State Street,
Albany, New York 12207. MLB Advanced has appointed Corporation Service Company, 2711
Centerville Road, Suite 400 Wilmington, Delaware 19808, as its agent for service of process.
15.

On information and belief, Defendant NBA Media Ventures, LLC (“NBA”) is a

Delaware limited liability company with its principal place of business at 333 East Trade Street,
Charlotte, North Carolina, 28202. NBA has appointed United Corporate Services, Inc., 874
Walker Road, Suite C, Dover, Delaware 19904, as its agent for service of process.
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16.

On information and belief, Defendant NFL Enterprises LLC (“NFL”) is a

Delaware limited liability company with its principal place of business at 280 Park Avenue, New
York, New York 10017. NFL has appointed The Corporation Trust Company, Corporation Trust
Center, 1209 Orange Street, Wilmington, Delaware 19801, as its agent for service of process.
17.

On information and belief Defendant Flixster, LLC (“Flixster”) is a Delaware

limited liability company with its principal place of business at 12200 West Olympic Blvd., Suite
400. Flixster has appointed The Corporation Trust Company, Corporation Trust Center, 1209
Orange Street, Wilmington, Delaware 19801, as its agent for service of process.
18.

On information and belief Defendant Jumptap, Inc. (“Jumptap”) is a Delaware

corporation with its principal place of business at 10 Canal Park, Cambridge, Massachusetts
02141. Jumptap has appointed The Corporation Trust Company, Corporation Trust Center, 1209
Orange Street, Wilmington, Delaware 19801, as its agent for service of process.
19.

On information and belief, Defendant Yahoo! Inc. (“Yahoo”) is a Delaware

corporation with its corporate headquarters and principal place of business at 701 First Avenue,
Sunnyvale, California 94089.

Yahoo has appointed The Corporation Trust Company,

Corporation Trust Center, 1209 Orange Street, Wilmington, Delaware 19801, as its agent for
service of process.
20.

On information and belief, defendant Skype Inc. is a Delaware corporation with a

principal place of business at 160 Greentree Drive, Suite 101, Dover, Delaware 19904.

Skype

has appointed Corporation Service Company, 2711 Centerville Road, Suite 400, Wilmington,
Delaware 19808, as its agent for service of process.
21.

On information and belief Defendant Groupon, Inc. (“Groupon”) is a Delaware

corporation with its principal place of business at 1600 West Chicago Avenue, Suite 620,
Chicago, Illinois 60654. Groupon has appointed The Corporation Trust Company, Corporation
Trust Center, 1209 Orange Street, Wilmington, Delaware 19801, as its agent for service of
process.

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22.

Defendant Twitter Inc. (“Twitter”) is a Delaware corporation with its principal

place of business at 795 Folsom Street, Suite 600, San Francisco, California 94107. Twitter has
appointed The Corporation Trust Company, Corporation Trust Center, 1209 Orange Street,
Wilmington, Delaware 19801 as its agent for service of process.
23.

LinkedIn Corporation (“LinkedIn”) is a Delaware corporation with its principal

place of business at 2029 Stierlin Court, Mountain View, California 94043. LinkedIn has
appointed Corporation Service Company, 2711 Centerville Road, Suite 400, Wilmington,
Delaware 19808, as its agent for service of process.
24.

Myspace, Inc. (“Myspace”) is a Delaware corporation with its principal place of

business located 407 N. Maple Drive, Beverly Hills, California 90210. Myspace has appointed
The Corporation Trust Company, Corporation Trust Center, 1209 Orange Street, Wilmington,
Delaware, 19801, as its agent for service of process.
25.

Craigslist, Inc. (“Craigslist”) is a Delaware corporation with its principal place of

business located at 1381 9th Avenue, San Francisco California 94122. Craigslist has appointed
Incorporation Services, Ltd., 3500 South Dupont Highway, Dover, Delaware, 19901, as its agent
for service of process.
26.

Meebo, Inc. (“Meebo”) is a Delaware corporation with its principal place of

business located at 215 Castro Street, Mountain View, California 94041. Meebo has appointed
Corporation Service Company, 2711 Centerville Road Suite, 400, Wilmington, Delaware 19808,
as its agent for service of process.
27.

Yelp! Inc. (“Yelp”) is a Delaware corporation with its principal place of busness

located at 706 Mission Street, 7th Floor, San Francisco, California 94103. Yelp has appointed
National Registered Agents, Inc., 160 Greentree Drive, Suite 101, Dover, Delaware 19904 as its
agent for service of process.

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JURISDICTION AND VENUE
28.

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

United States of America, 35 U.S.C. § 1, et seq., including § 271. This Court has subject matter
jurisdiction under 28 U.S.C. §§ 1331 and 1338(a).
29.

Venue is proper in this district under 28 U.S.C. §§ 1391 (b)-(d) and 1400(b)

because each defendant is subject to personal jurisdiction in this district, has committed or
induced acts of patent infringement in this district, or has a regular and established place of
business in this district.
COUNT I
(Infringement of U.S. Patent No. 8,019,060)
30.

LVL is the owner by assignment of United States Patent No. 8,019,060 (“the ‘060

patent”), entitled “Telephone/Transaction Entry Device and System for Entering Transaction
Data into Databases.” The ‘060 patent issued on September 13, 2011. A true and correct copy
of the ‘060 patent is attached hereto as Exhibit A.
31.

Defendant CNN has infringed and still is infringing at least claim 1 of the ‘060

patent, literally and under the doctrine of equivalents, by making, using, selling, offering to sell,
or importing a method of obtaining data transaction information entered on a telephone, forming
a plurality of exploded data transactions for the single transaction, and sending said different
exploded data transactions to different destinations, using its mobile services network platform
32.

Defendant ABC has infringed and still is infringing at least claim 1 of the ‘060

patent, literally and under the doctrine of equivalents, by making, using, selling, offering to sell,
or importing a method of obtaining data transaction information entered on a telephone, forming
a plurality of exploded data transactions for the single transaction, and sending said different
exploded data transactions to different destinations, using its mobile services network platform.
33.

Defendant ESPN has infringed and still is infringing at least claim 1 of the ‘060

patent, literally and under the doctrine of equivalents, by making, using, selling, offering to sell,
or importing a method of obtaining data transaction information entered on a telephone, forming
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a plurality of exploded data transactions for the single transaction, and sending said different
exploded data transactions to different destinations, using its mobile services network platform.
34.

Defendant CBS has infringed and still is infringing at least claim 1 of the ‘060

patent, literally and under the doctrine of equivalents, by making, using, selling, offering to sell,
or importing a method of obtaining data transaction information entered on a telephone, forming
a plurality of exploded data transactions for the single transaction, and sending said different
exploded data transactions to different destinations, using its mobile services network platform.
35.

Defendant Fox has infringed and still is infringing at least claim 1 of the ‘060

patent, literally and under the doctrine of equivalents, by making, using, selling, offering to sell,
or importing a method of obtaining data transaction information entered on a telephone, forming
a plurality of exploded data transactions for the single transaction, and sending said different
exploded data transactions to different destinations, using its mobile services network platform.
36.

Defendant Warner has infringed and still is infringing at least claim 1 of the ‘060

patent, literally and under the doctrine of equivalents, by making, using, selling, offering to sell,
or importing a method of obtaining data transaction information entered on a telephone, forming
a plurality of exploded data transactions for the single transaction, and sending said different
exploded data transactions to different destinations, using its mobile services network platform.
37.

Defendant Univision has infringed and still is infringing at least claim 1 of the

‘060 patent, literally and under the doctrine of equivalents, by making, using, selling, offering to
sell, or importing a method of obtaining data transaction information entered on a telephone,
forming a plurality of exploded data transactions for the single transaction, and sending said
different exploded data transactions to different destinations, using its mobile services network
platform.
38.

Defendant IMDb has infringed and still is infringing at least claim 1 of the ‘060

patent, literally and under the doctrine of equivalents, by making, using, selling, offering to sell,
or importing a method of obtaining data transaction information entered on a telephone, forming

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a plurality of exploded data transactions for the single transaction, and sending said different
exploded data transactions to different destinations, using its mobile services network platform.
39.

Defendant Home has infringed and still is infringing at least claim 1 of the ‘060

patent, literally and under the doctrine of equivalents, by making, using, selling, offering to sell,
or importing a method of obtaining data transaction information entered on a telephone, forming
a plurality of exploded data transactions for the single transaction, and sending said different
exploded data transactions to different destinations, using its mobile services network platform.
40.

Defendant Netflix has infringed and still is infringing at least claim 1 of the ‘060

patent, literally and under the doctrine of equivalents, by making, using, selling, offering to sell,
or importing a method of obtaining data transaction information entered on a telephone, forming
a plurality of exploded data transactions for the single transaction, and sending said different
exploded data transactions to different destinations, using its mobile services network platform.
41.

Defendant DOW has infringed and still is infringing at least claim 1 of the ‘060

patent, literally and under the doctrine of equivalents, by making, using, selling, offering to sell,
or importing a method of obtaining data transaction information entered on a telephone, forming
a plurality of exploded data transactions for the single transaction, and sending said different
exploded data transactions to different destinations, using its mobile services network platform.
42.

Defendant Hulu has infringed and still is infringing at least claim 1 of the ‘060

patent, literally and under the doctrine of equivalents, by making, using, selling, offering to sell,
or importing a method of obtaining data transaction information entered on a telephone, forming
a plurality of exploded data transactions for the single transaction, and sending said different
exploded data transactions to different destinations, using its mobile services network platform.
43.

Defendant MLB has infringed and still is infringing at least claim 1 of the ‘060

patent, literally and under the doctrine of equivalents, by making, using, selling, offering to sell,
or importing a method of obtaining data transaction information entered on a telephone, forming
a plurality of exploded data transactions for the single transaction, and sending said different
exploded data transactions to different destinations, using its mobile services network platform.
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44.

Defendant NBA has infringed and still is infringing at least claim 1 of the ‘060

patent, literally and under the doctrine of equivalents, by making, using, selling, offering to sell,
or importing a method of obtaining data transaction information entered on a telephone, forming
a plurality of exploded data transactions for the single transaction, and sending said different
exploded data transactions to different destinations, using its mobile services network platform.
45.

Defendant NFL has infringed and still is infringing at least claim 1 of the ‘060

patent, literally and under the doctrine of equivalents, by making, using, selling, offering to sell,
or importing a method of obtaining data transaction information entered on a telephone, forming
a plurality of exploded data transactions for the single transaction, and sending said different
exploded data transactions to different destinations, using its mobile services network platform.
46.

Defendant Flixster has infringed and still is infringing at least claim 1 of the ‘060

patent, literally and under the doctrine of equivalents, by making, using, selling, offering to sell,
or importing a method of obtaining data transaction information entered on a telephone, forming
a plurality of exploded data transactions for the single transaction, and sending said different
exploded data transactions to different destinations, using its mobile services network platform.
47.

Defendant Jumptap has infringed and still is infringing at least claim 1 of the ‘060

patent, literally and under the doctrine of equivalents, by making, using, selling, offering to sell,
or importing a method of obtaining data transaction information entered on a telephone, forming
a plurality of exploded data transactions for the single transaction, and sending said different
exploded data transactions to different destinations, using its mobile services network platform.
48.

Defendant Yahoo has infringed and still is infringing at least claim 1 of the ‘060

patent, literally and under the doctrine of equivalents, by making, using, selling, offering to sell,
or importing a method of obtaining data transaction information entered on a telephone, forming
a plurality of exploded data transactions for the single transaction, and sending said different
exploded data transactions to different destinations, using its mobile services network platform.
49.

Defendant Skype has infringed and still is infringing at least claim 1 of the ‘060

patent, literally and under the doctrine of equivalents, by making, using, selling, offering to sell,
9

or importing a method of obtaining data transaction information entered on a telephone, forming
a plurality of exploded data transactions for the single transaction, and sending said different
exploded data transactions to different destinations, using its mobile services network platform.
50.

Defendant Groupon has infringed and still is infringing at least claim 1 of the ‘060

patent, literally and under the doctrine of equivalents, by making, using, selling, offering to sell,
or importing a method of obtaining data transaction information entered on a telephone, forming
a plurality of exploded data transactions for the single transaction, and sending said different
exploded data transactions to different destinations, using its mobile services network platform.
51.

Defendant Twitter has infringed and still is infringing at least claim 1 of the ‘060

patent, literally and under the doctrine of equivalents, by making, using, selling, offering to sell,
or importing a method of obtaining data transaction information entered on a telephone, forming
a plurality of exploded data transactions for the single transaction, and sending said different
exploded data transactions to different destinations, using its mobile services network platform.
52.

Defendant LinkedIn has infringed and still is infringing at least claim 1 of the

‘060 patent, literally and under the doctrine of equivalents, by making, using, selling, offering to
sell, or importing a method of obtaining data transaction information entered on a telephone,
forming a plurality of exploded data transactions for the single transaction, and sending said
different exploded data transactions to different destinations, using its mobile services network
platform.
53.

Defendant Myspace has infringed and still is infringing at least claim 1 of the

‘060 patent, literally and under the doctrine of equivalents, by making, using, selling, offering to
sell, or importing a method of obtaining data transaction information entered on a telephone,
forming a plurality of exploded data transactions for the single transaction, and sending said
different exploded data transactions to different destinations, using its mobile services network
platform.
54.

Defendant Craigslist has infringed and still is infringing at least claim 1 of the

‘060 patent, literally and under the doctrine of equivalents, by making, using, selling, offering to
10

sell, or importing a method of obtaining data transaction information entered on a telephone,
forming a plurality of exploded data transactions for the single transaction, and sending said
different exploded data transactions to different destinations, using its mobile services network
platform.
55.

Defendant Meebo has infringed and still is infringing at least claim 1 of the ‘060

patent, literally and under the doctrine of equivalents, by making, using, selling, offering to sell,
or importing a method of obtaining data transaction information entered on a telephone, forming
a plurality of exploded data transactions for the single transaction, and sending said different
exploded data transactions to different destinations, using its mobile services network platform.
56.

Defendant Yelp has infringed and still is infringing at least claim 1 of the ‘060

patent, literally and under the doctrine of equivalents, by making, using, selling, offering to sell,
or importing a method of obtaining data transaction information entered on a telephone, forming
a plurality of exploded data transactions for the single transaction, and sending said different
exploded data transactions to different destinations, using its mobile services network platform.
57.

As a result of each defendant’s infringement of the ‘060 patent, LVL has suffered

monetary damages in an amount not yet determined, and will continue to suffer damages in the
future unless each defendant’s infringing activities are enjoined by this Court.
58.

Unless a permanent injunction is issued enjoining each defendant and its agents,

servants, employees, attorneys, representatives, affiliates, and all others acting on its behalf from
infringing the ‘060 patent, LVL will suffer irreparable harm.
PRAYER FOR RELIEF
LVL prays for the following relief:
1.

A judgment that each defendant has infringed (either literally or under the

doctrine of equivalents) one or more claims of the ‘060 patent;
2.

A permanent injunction enjoining defendants and their officers, directors, agents,

servants, affiliates, employees, divisions, branches, subsidiaries, parents, and all others acting in
active concert or participation with them, from infringing each of the ‘060 patent;
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3.

An award of damages resulting from each defendant’s acts of infringement in

accordance with 35 U.S.C. § 284;
4.

A judgment and order finding that this is an exceptional case within the meaning

of 35 U.S.C. § 285 and awarding to LVL its reasonable attorneys’ fees against each defendant;
5.

A judgment and order requiring defendants to provide an accounting and to pay

supplemental damages to LVL, including without limitation, pre-judgment and post-judgment
interest; and
6.

Any and all other relief to which LVL may show itself to be entitled.
DEMAND FOR JURY TRIAL

LVL demands a trial by jury on all issues so triable.
September 15, 2011

BAYARD, P.A.

Of Counsel:

/s/ Stephen B. Brauerman
Richard D. Kirk (rk0922)
Stephen B. Brauerman (sb4952)
222 Delaware Avenue, Suite 900
Wilmington, DE 19801
[phone]
[e-mail]
[e-mail]

Marc A. Fenster
Russ, August & Kabat
12424 Wilshire Boulevard, 12th Floor
Los Angeles, CA 90025-1031
[phone]
[e-mail]

Attorneys for Plaintiff,
LVL Patent Group, LLC

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