Sportvision, Inc et al v. MLB Advanced Media L.P.

Filing 26

FIRST AMENDED COMPLAINT amending 8 Complaint against MLB Advanced Media L.P. with JURY DEMAND.Document filed by Sportvision, Inc, SportsMedia Technology Corporation. Related document: 8 Complaint. (Attachments: # 1 Exhibit A - '530 Patent, # 2 Exhibit B - Endeavor Contract, # 3 Exhibit C - Amendment to Endeavor Contract, # 4 Exhibit D - Second Amendment to Endeavor Contract, # 5 Exhibit E - Third Amendment to Endeavor Contract, # 6 Exhibit F - Fourth Amendment to Endeavor Contract, # 7 Exhibit G - January 24, 2017 Letter, # 8 Exhibit H - February 24, 2017 E-mail)(Haveles, H.)

Exhibit E

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THIRD AMENDMENT TO PlTCHf/x AGREEMENT
This Third Amendment to the PITCHf/x AGREEl'vIBNT (this "Third Amendment"), dated as of
December 15, 2014 (the "Third Amendment Effective Date"), is made and entered into by and between
l'v1LB Advanced Media, L.P. a Delaware limited partnership, with offices at 75 Ninth Avenue, New
York, NY 10011 ("MLBAM") and Sportvision, Inc., a Delaware corporation, with offices at 4619 N.
Ravenswood Ave., Suite 304, Chicago, IL 60640 ("Sportvision'') (each of MLBAM and Sportvision a
"Party" and, collectively, the "Parties") and shall amend that PITCHf/x Agreement executed by the
Parties and effective as of February 7, 2006, and as amended as of January 1, 2009 and December 31,
2011 (as so amended, the "Agreement"). As specifically amended pursuant to this Third Amendment,
all terms and conditions of the Agreement shall remain in full force and effect with all amendments set
forth in this Third Amendment being effective from and after the Third Amendment Effective Date.
Any capitalized term not defined herein shall have the meaning set forth in the Agreement
The Parties agree to amend the Agreement as follows:
A. Definitions. The following definitions shall be added to the Agreement in Section l:
"Broadcast Agreements" shall be as set forth in Section 5.l(a).
"Broadcast Revenue" shall be as set forth in Section 5.1 (b ).
"Excess Broadcast Revenue" shall be as set forth in Section 5.1 (b).
"_FIELP£'x Licens~" shall be as set forth in Section 2.8.
"FIELDf/x System" shall mean Sportvision's proprietary system consisting of Sportvision IP to
track players and hit balls on a baseball field. For purposes of clarity, "FIELDf/x System" expressly
excludes: (i) the PITCHf/x System and any Sportvision IP relating thereto; and (ii) GameLab
(as defined below) and any Sportvision IP relating thereto.
"FIELDf/x System Data" shall mean any data on players and hit balls captured by the FIELDf/x
System.
"GameLab" shall mean Sportvision's proprietary high-speed video system generating a
biomechanical model of batters and pitchers. GameLab technology includes determining positions
and motions of body parts of such players, and also includes the skeletal position and other data
points generated by such system for use in coaching applications. For clarity, to the extent that data
is captured by GameLab in l'v1LB stadiums, (i) GameLab will not be used for media purposes and
will only collect data on batters and pitchers, and (ii) such captured data shall be made available for
use solely by l'v1LB clubs.
"PITCHf/x Derivative Data'" shall be as set forth in Section 5. 7.
B. Sportvision Obligations. Section 2 of the Agreement shall be amended as follows:

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Section 2.7 is hereby deleted in its entirety and replaced with the following:

New Sections 2.8, 2.9, 2.10, 2.11 and 2.12 are hereby added at the end of Section 2:

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C. MLBAM Obligat!9Il1?.· Section 3 of the Agreement shall be amended as follows:
New Sections 3. 7 and 3. 8 are hereby added at the end of Section 3:

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E. Financial Arrangements. Section 5 of the Agreement shall be amended as follows:
Section 5.1 (a) of the Agreement ("ML BAM ReVS:ll..!l.~") is hereby deleted in its entirety and replaced
with the following:

Section 5.l(b) of the Agreement ("Sportvision Revenue") is hereby deleted m its entirety and
replaced with the following:

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Section 5.l(c) ("Joint Revenue") is hereby deleted in its entirety.

Section 5.2 ("Revenues") is hereby deleted m its entirety and replaced with "Section 5.2.
Intentionally omitted."
Section 5.3 ("Expenses") is hereby deleted in its entirety and replaced with "Section 5.3.
New Sections 5.5, 5.6, 5.7, 5.8, 5.9 and 5.10 are hereby added at the end of Section 5:

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"Section 5.7 PITCHt/x Derivative Data Revenue Share.

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F. Tenn. Section 12.1 of the Agreement ("Tenn of Agreement") shall be deleted in its entirety and
replaced with the following:
12.1 Tenn of Agreement. This Agreement will be effective on the Effective Date and will remain in
force until December 31, 2019, unless otherwise tem1inated as provided herein (the '"Term").
Within six (6) months prior to the end of the Term, the Parties shall enter into good faith
negotiations regarding the renewal of this Agreement and the terms of such renewal; provided,

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