TRANS VIDEO ELECTRONICS, LTD. v. GOOGLE, INC. et al

Filing 1

COMPLAINT against GOOGLE, INC., YOUTUBE, LLC ( Filing fee $ 350, receipt number 4616046782) filed by TRANS VIDEO ELECTRONICS, LTD. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Civil Cover Sheet)(rdj)

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1 2 3 4 5 6 Matthew T. Eggerding (Bar No. 983703) LOCKE LORD LLP 701 8th Street NW, Suite 700 Washington, DC 20001 Telephone No.: (202) 220-6977 Facsimile No.: (202) 315-3873 meggerding@lockelord.com ATTORNEYS FOR PLAINTIFF TRANS VIDEO ELECTRONICS, LTD. [Additional Counsel for Plaintiff appears on Signature Page] 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE DISTRICT OF COLUMBIA 9 10 11 12 TRANS VIDEO ELECTRONICS, LTD., 4115 Wisconsin Ave., NW, Suite 208 Washington, DC 20016 an Indiana Corporation, and 13 Plaintiff, 14 15 v. 16 GOOGLE, INC., a Delaware Corporation, 17 and 18 YOUTUBE, LLC, a Delaware Corporation. 19 ) ) ) Case No. ____________ ) ) ) COMPLAINT FOR PATENT INFRINGEMENT ) ) ) DEMAND FOR JURY TRIAL ) ) ) ) ) ) ) ) ) ) Defendants. 20 21 PLAINTIFF TRANS VIDEO ELECTRONICS, LTD.’s COMPLAINT FOR PATENT INFRINGEMENT 22 23 24 25 26 Plaintiff Trans Video Electronics, Ltd. (“Trans Video”), by and for their Complaint against defendants Google, Inc. and its wholly owned subsidiary YouTube, LLC (together “Google”) allege as follows: 27 28 NY:1004269/00002:662051v1 COMPLAINT FOR PATENT INFRINGEMENT 1 2 3 4 5 6 NATURE OF THE CASE 1. This is an action for patent infringement arising under the patent laws of the United States. Trans Video holds the rights in U.S. Patent No. 5,991,801 (“the ’801 patent”) and U.S. Patent No. 5,594,936 (“the ’936 patent”). The United States patent laws grant the holder of a patent the right to exclude infringers from making, using, selling or importing the invention claimed in a 7 patent, and to recover damages for the infringer’s violations of these rights, and to recover treble 8 damages where the infringer willingly infringed the patent. 9 infringing its patents, and doing so willfully. Trans Video seeks to recover damages from Google, 10 including treble damages for willful infringement, as well as injunctive relief to end Google’s further 11 Trans Video is suing Google for infringement. 12 THE PARTIES 13 14 2. Plaintiff Trans Video is a corporation incorporated under the laws of the State of 15 Indiana and has its principal place of business at 4115 Wisconsin Ave., NW, Suite 208, Washington, 16 DC 20016. 17 18 19 20 21 3. Upon information and belief, Defendant Google, Inc. is a corporation organized under the laws of the State of Delaware with its principal place of business at 1600 Amphitheatre Parkway, Mountain View, California 94043. Google does business in the District of Columbia. 4. Upon information and belief, Defendant YouTube, LLC is a corporation organized 22 under the laws of the State of Delaware with its principal place of business at 901 Cherry Avenue, 23 San Bruno, California 94066. YouTube, LLC is a wholly owned subsidiary of Google, Inc. and does 24 business in the District of Columbia. 25 26 5. The entities referred to above in paragraphs 3 and 4 are hereinafter referred to as “Google” and/or “Defendants.” 27 28 -2NY:1004269/00002:662051v1 COMPLAINT FOR PATENT INFRINGEMENT 1 2 3 4 5 6 JURISDICTION AND VENUE 6. This is an action for patent infringement arising under the patent laws of the United States of America, more specifically under 35 U.S.C. § 100, et seq. Subject matter jurisdiction is proper in this Court pursuant to 28 U.S.C. §§ 1331 and 1338. 7. Personal jurisdiction and venue are proper in this judicial district pursuant to 7 28 U.S.C. §§ 1391 and 1400 because, upon information and belief, Defendant, directly or through 8 intermediaries, transacts business in this judicial district, including making, using, operating, 9 distributing, offering for sale or license, selling or licensing, and advertising of its products and 10 services in the United States and the District of Columbia. Defendant has sufficient contacts with 11 this judicial district to subject itself to the jurisdiction of this Court. 12 COUNT 1: INFRINGEMENT OF U.S. PATENT NO. 5,991,801 13 14 15 16 17 18 19 20 21 22 8. Trans Video incorporates by reference the allegations set forth in the preceding paragraphs. 9. On November 23, 1999, the ’801 patent was duly and legally issued. A Re- examination certificate issued on April 5, 2011. A true and correct copy of the ’801 patent is attached hereto as Exhibit A. A true and correct copy of the re-examination certificate is attached as Exhibit B. Trans Video is the assignee and the owner of all right, title and interest in and to the ’801 patent. The ’801 patent is entitled to a presumption of validity. 10. On information and belief, Google has been, and currently is directly, literally and/or 23 upon information and belief, jointly, equivalently, and/or indirectly infringing (by way of inducing 24 infringement by others, and/or contributing to the infringement by others) the ’801 patent in the 25 District of Columbia, in this judicial district, and elsewhere in the United States by, among other 26 things, making, using, operating, distributing, offering for sale or license, selling or licensing, and 27 28 -3NY:1004269/00002:662051v1 COMPLAINT FOR PATENT INFRINGEMENT 1 marketing, supporting and advertising certain of its products and services used in connection with its 2 YouTube service for video distribution, including downloading, streaming and/or storing that 3 4 5 6 embody and/or practice the inventions claimed in the ’801 patent. Google is thus liable to Trans Video for infringement of the ’801 patent pursuant to 35 U.S.C. § 271. 11. Google actively and knowingly has infringed and is infringing the ’801 patent with 7 knowledge of Trans Video’s patent rights and without reasonable basis for believing that Google’s 8 conduct is lawful. Google has also induced and contributed to the infringement of the ’801 patent by 9 purchasers, licensees, and users of the YouTube products and services. 10 11 12 13 14 12. On information and belief, Google’s infringement of the ’801 patent has been and is willful and will continue unless enjoined by this Court. Google has been, or should have been, on notice of the ’801 patent and its infringement, and has not ceased its infringing activities. 13. Trans Video has suffered irreparable harm by Google’s acts of infringement of the 15 ’801 patent, and will continue to suffer harm unless and until Google’s acts of infringement are 16 enjoined and restrained by order of this Court. 17 18 14. continue to suffer damages in an amount to be proven at trial. 19 COUNT 2: INFRINGEMENT OF U.S. PATENT NO. 5,594,936 20 21 22 23 As a result of Google’s acts of infringement, Trans Video has suffered and will 15. Trans Video incorporates by reference the allegations set forth in the preceding paragraphs. 16. On January 14, 1997, the ’936 patent was duly and legally issued. A true and correct 24 copy of the ’936 patent is attached hereto as Exhibit C. Trans Video is the assignee and the owner of 25 all right, title and interest in and to the ’936 patent. The ’936 patent is entitled to a presumption of 26 validity. 27 28 -4NY:1004269/00002:662051v1 COMPLAINT FOR PATENT INFRINGEMENT 1 2 3 4 5 6 17. On information and belief, Google has been, and currently is directly, literally and/or upon information and belief, jointly, equivalently, and/or indirectly infringing (by way of inducing infringement by others, and/or contributing to the infringement by others) the ’936 patent in the District of Columbia, in this judicial district, and elsewhere in the United States by, among other things, making, using, operating, distributing, offering for sale or license, selling or licensing, and 7 marketing, supporting and advertising certain of its products and services used in connection with its 8 YouTube service for video distribution, including downloading, streaming and/or storing that 9 embody and/or practice the inventions claimed in the ’936 patent. Google is thus liable to Trans 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Video for infringement of the ’936 patent pursuant to 35 U.S.C. § 271. 18. Google actively and knowingly has infringed and is infringing the ’936 patent with knowledge of Trans Video’s patent rights and without reasonable basis for believing that Google’s conduct is lawful. Google has also induced and contributed to the infringement of the ’936 patent by purchasers, licensees, and users of the YouTube products and services. 19. On information and belief, Google’s infringement of the ’936 patent has been and is willful and will continue unless enjoined by this Court. Google has been, or should have been, on notice of the ’936 patent and its infringement, and has not ceased its infringing activities. 20. Trans Video has suffered irreparable harm by Google’s acts of infringement of the ’936 patent, and will continue to suffer harm unless and until Google’s acts of infringement are enjoined and restrained by order of this Court. 21. As a result of Google’s acts of infringement, Trans Video has suffered and will continue to suffer damages in an amount to be proven at trial. 25 26 PRAYER FOR RELIEF WHEREFORE, Trans Video requests this Court enter judgment as follows: 27 28 -5NY:1004269/00002:662051v1 COMPLAINT FOR PATENT INFRINGEMENT 1 2 3 A. That Google has infringed, directly and/or through acts of contributory infringement, and/or to have induced infringement under 35 U.S.C. § 271 of the ’801 patent and the ’936 patent; 4 B. 6 That such infringement has been willful; C. 5 That Google accounts for and pays to Trans Video all damages pursuant to 7 35 U.S.C. § 284 to adequately compensate Trans Video for Google’s direct, contributory and/or 8 inducement of infringement of the ’801 patent and the ’936 patent; 9 10 D. pursuant to 35 U.S.C. § 284; 11 E. 13 That this is an exceptional case under 35 U.S.C. § 285; F. 12 14 That Trans Video receives enhanced damages, in the form of treble damages, That Google pays Trans Video all of Trans Video’s reasonable attorneys’ fees and expenses, including for all appeals, pursuant to 35 U.S.C. § 285; G. 15 That Trans Video be granted pre-judgment and post-judgment interest in 16 accordance with 35 U.S.C. § 284 on the damages caused to it by reason of Google’s infringement of 17 the ’801 patent and the ’936 patent, including pre-judgment and post-judgment interest on any 18 enhanced damages or attorneys’ fees award; 19 H. 21 That costs be awarded in accordance with 35 U.S.C. § 284 to Trans Video; I. 20 That Google, its officers, agents, employees, representatives, successors and 22 assigns, and those acting in privity or in concert with any of them, be preliminarily and permanently 23 enjoined under 35 U.S.C. § 283 from infringing in any manner the ’801 patent and the ’936 patent; 24 and 25 26 J. That Trans Video be granted such other and further relief as the Court may deem just and proper under the circumstances. 27 28 -6NY:1004269/00002:662051v1 COMPLAINT FOR PATENT INFRINGEMENT

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