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 G

Pepper Hamilton LLP

--'-'--'-- -- - Attorneys at Law

Matthew H. Adler
direct dial: 215.9 81.4802
[e-mail]

3000 Two Logan Square
Eighteenth and Arch Streets
Philadelphia, PA 19103-2799
215.981.4000
Fax [phone]

January 24, 2017

Via Federal Express & Fax [phone])
MLB Advanced Media, LP
75 Ninth Avenue
New York, NY 10011
Attention: General Counsel
Re:

Pitchf/x Agreement

Dear General Counsel:
This law film represents SportsMedia Technology Corporation ("SMT") which is
successor in interest to Sportvision, Inc. (Sportvision") as to that contract entitled PITCHf/x
Agreement ("the Agreement") dated as of February 7, 2006 between Sportvision and MLBAM
Advanced Media, L.P, (MLBAM"). The PITCHf/x Agreement was subsequently amended by
writings dated January 1, 2009, December 31, 2011, December 15, 2014, and January 4, 2016.
SMT has asked us to write at this time due to its concern about several recent
statements by MLBAM as to the purported "termination" of the Agreement. These statements
were made informally by MLBAM to SMT in December. Additionally, SMT understands that
MLBAM has made similar statements to broadcast contract customers of SMT.
SMT is surprised and disturbed by these statements. The Agreement remains in
effect through December 31, 2019. While certain provisions of the Agreement as last amended
applied only to the 2016 season, MLBAM was under an obligation to negotiate in good faith
with respect to the 2017 season' s provisions - and, in either event, the bulk of the Agreement
survives through 2019 as stated. Accordingly, MLBAM' s obligation to host and make available
to SMT the PITCHf/x system survives, as do SMT's rights to make use of that system in its own
contracts with its broadcast clients. ·
SMT calls on MLBAM to retract any statements regarding termination and to
provide reasonable assurances of its performance. SMT proposes discussing this issue at a CEO
level this week.
Sincerely,

Matthew H. Adler
Philadelphia

D eu oit

Boston

Berwyn

Washington, D.C.
Harrisburg

Orange County
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