mobile transformation v. media holdings

7/31/2019 Mobile Transformation v. Media Holdings

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UNITED STATES DISTRICT COURT

DISTRICT OF CONNECTICUT

MOBILE TRANSFORMATION LLC, ::

Plaintiff, :

:

v.::

:

Civil Case No. __________

October 11, 2012

:

MEDIA HOLDINGS, LLC ::

JURY TRIAL DEMANDED

Defendant. :

:

COMPLAINT

Plaintiff Mobile Transformation LLC ("Plaintiff"), for its Complaint against Defendant

Media Holdings, LLC ("Defendant"), hereby alleges as follows:

PARTIES

1. Plaintiff is a Delaware limited liability company.2. Upon information and belief, Defendant is a Connecticut limited liability

company having a principal place of business at 25 Business Park Drive, Branford, Connecticut

06405. Upon information and belief, Defendant may be served with process through its

registered agent, Hillel J. Auerbach, Esq., at 555 Long Wharf Drive, 12th Floor, New Haven,

Connecticut 06511.

NATURE OF THE ACTION

3. This is a civil action for the infringement of United States Patent No. 6,351,736(the "'736 Patent") under the Patent Laws of the United States, 35 U.S.C. 1 et seq.

Case 3:12-cv-01449-RNC Document 1 Filed 10/11/12 Page 1 of 18


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JURISDICTION AND VENUE

4. This Court has jurisdiction over the subject matter of this action pursuant to 28U.S.C. 1331 and 1338(a) because this action arises under the Patent Laws of the United

States, 35 U.S.C. 271 et seq.

5. This Court has personal jurisdiction over Defendant because it is incorporated inConnecticut and has purposely availed itself of the privileges and benefits of the laws of the State

of Connecticut.

6. Upon information and belief, more specifically, Defendant, directly and/orthrough authorized intermediaries, ships, distributes, offers for sale, sells, and/or advertises

(including the provision of an interactive web page) its products and services in the United States

and the State of Connecticut. Upon information and belief, Defendant has committed patent

infringement in the State of Connecticut. Defendant solicits customers in the State of

Connecticut. Defendant has many paying customers who are residents of the State of

Connecticut and who each use Defendant's products and services in the State of Connecticut.

7. Venue is proper in this judicial district as to Defendant pursuant to 28 U.S.C. 1391 and 1400(b).

THE PATENT-IN SUIT

8. Paragraphs 1-7 are incorporated by reference as if fully set forth herein.9. On February 26, 2002, the '736 Patent entitled "System and Method for

Displaying Advertisements with Played Data" was duly and lawfully issued by the United States

Patent and Trademark Office ("PTO"). The '736 Patent is attached hereto as Exhibit A.



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10. Plaintiff is the exclusive licensee of the '736 Patent and possesses all rights ofrecovery under the '736 Patent, including the right to sue and recover all damages for

infringement thereof, including past infringement.

COUNT I PATENT INFRINGEMENT

11. Paragraphs 1-10 are incorporated by reference as if fully restated herein.12. Upon information and belief and in violation of 35 U.S.C. 271(a), Defendant

has infringed and continues to infringe at least Claim 64 of the '736 Patent by making, using,

providing, offering to sell, and selling (directly or through intermediaries), in this district and

elsewhere in the United States, systems and methods for displaying advertisements with played

data, including via the website http://www.starpulse.com (the "Defendant Website").

13. More specifically, and by way of non-limiting example, the Defendant Websiteuses an embedded flash player to present a first data type of a video file along with the

presentation of advertising data of a second type that includes a static image advertisement. For

purposes of the '736 Patent, when a web browser of a client device displays the Defendant

Website, the web server that serves the Defendant Website downloads both the video file (first

data type) and the static image advertisement (second data type). The web server that serves the

Defendant Website then executes executable code created by Defendants content

authors/website administrators. The executable code includes both the first and second

commands for the presentation of the first and second data types, respectively. The executable

code couples the presentation of the first and second data types. That is, because the first and

second data types are linked together via executable code, the presentation of the first data type

causes the presentation of the second data type, automatically. The web server that serves the



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Defendant Website presents the first data type to the web browser of the client device. Namely,

the video file is presented along with the static image advertisement. Thus, the presentation of

the video file causes the presentation of the static image advertisement, though not necessarily

always in that order. Additionally, revenue generated by the presentation of the advertisement is

shared with the owner of the video file (first data type).

14. To the extent such notice may be required, Defendant received actual notice of itsinfringement of the '736 Patent at least as early as the filing of the original complaint in this

action, pursuant to 35 U.S.C. 287(a).

15. Defendant's aforesaid activities have been, intentional, without authority and/orlicense from Plaintiff.

16. Plaintiff is entitled to recover from the Defendant the damages sustained byPlaintiff as a result of the Defendant's wrongful acts in an amount subject to proof at trial, which,

by law, cannot be less than a reasonable royalty, together with interest and costs as fixed by this

Court under 35 U.S.C. 284.

17. Defendant's infringement of Plaintiff's exclusive rights under the '736 Patent willcontinue to damage Plaintiff, causing irreparable harm for which there is no adequate remedy at

law, unless enjoined by this Court.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff Mobile Transformation LLC respectfully requests that this

Court enter judgment against Defendant Media Holdings, LLC as follows:

A. An adjudication that Defendant has infringed the '736 Patent;



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B. An award of damages to be paid by Defendant adequate to compensate Plaintifffor its past infringement and any continuing or future infringement up until the

date such judgment is entered, including interest, costs, and disbursements as

justified under 35 U.S.C. 284 and, if necessary to adequately compensate

Plaintiff for Defendant's infringement, an accounting of all infringing sales

including, but not limited to, those sales not presented at trial;

C. A declaration that this case is exceptional under 35 U.S.C. 285;D. An award to Plaintiff of its attorney fees, costs, and expenses incurred in

prosecuting this action; and

E. An award to Plaintiff of such further relief at law or in equity as the Court deemsjust and proper.

DEMAND FOR JURY TRIAL

Plaintiff hereby demands trial by jury on all claims and issues so triable.

Dated: October 11, 2012 AETON LAW PARTNERS LLC

/s/ Damian Wasserbauer

Damian Wasserbauer (ct24464)

[email protected]

101 Centerpoint Drive, Suite 105Middletown, CT 06457

Telephone: (860) 724-2160

Counsel for PlaintiffMobile Transformation LLC



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OJS 44 (Rev. 12/07) CIVIL COVER SHEETThe JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as pr

y local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of inhe civil docket sheet. (SEE INSTRUCTIONS ON THE REVERSE OF THE FORM.)

. (a) PLAINTIFFS DEFENDANTS

(b) County of Residence of First ListedPlaintiff County of Residence of First Listed Defendant(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)

NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE

LAND INVOLVED.

(c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known)

I. BASIS OF JURISDICTION (Place an X in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES(Place an X in One Box for P(For Diversity Cases Only) and One Box for Defendant

1 U.S. Government 3 Federal Question PTF DEF PTF DPlaintiff (U.S. Government Not a Party) Citizen of This State 1 1 Incorporated orPrincipal Place 4

of Business In This State

2 U.S. Government 4 Diversity Citizen of Another State 2 2 Incorporated andPrincipal Place 5

Defendant(Indicate Citizenship of Parties in Item III)

of Business In Another State

Citizen or Subject of a 3 3 Foreign Nation 6

Foreign Country

V. NATURE OF SUIT (Place an X in One Box Only)CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTE

110 Insurance PERSONAL INJURY PERSONAL INJURY 610 Agriculture 422 Appeal 28 USC 158 400 State Reapportionm

120 Marine 310 Airplane 362 Personal Injury - 620 Other Food & Drug 423 Withdrawal 410 Antitrust

130 Miller Act 315 Airplane Product Med. Malpractice 625 Drug Related Seizure 28 USC 157 430 Banks and Banking

140 Negotiable Instrument Liability 365 Personal Injury - of Property 21 USC 881 450 Commerce

150 Recovery of Overpayment 320 Assault, Libel & Product Liability 630 Liquor Laws PROPERTY RIGHTS 460 Deportation& Enforcement of Judgment Slander 368 Asbestos Personal 640 R.R. & Truck 820 Copyrights 470 Racketeer Influence

151 Medicare Act 330 Federal Employers Injury Product 650 Airline Regs. 830 Patent Corrupt Organizatio

152 Recovery of Defaulted Liability Liability 660 Occupational 840 Trademark 480 Consumer Credit

Student Loans 340 Marine PERSONAL PROPERTY Safety/Health 490 Cable/Sat TV(Excl. Veterans) 345 Marine Product 370 Other Fraud 690 Other 810 Selective Service

153 Recovery of Overpayment Liabil ity 371 Truth in Lending LABOR SOCIAL SECURITY 850 Securities/Commodiof Veterans Benefits 350 Motor Vehicle 380 Other Personal 710 Fair Labor Standards 861 HIA (1395ff) Exchange

160 Stockholders Suits 355 Motor Vehicle Property Damage Act 862 Black Lung (923) 875 Customer Challenge

190 Other Contract Product Liability 385 Property Damage 720 Labor/Mgmt. Relations 863 DIWC/DIWW (405(g)) 12 USC 3410

195 Contract Product Liability 360 Other Personal Product Liability 730 Labor/Mgmt.Reporting 864 SSID Title XVI 890 Other Statutory Acti

196 Franchise Injury & Disclosure Act 865 RSI (405(g)) 891 Agricultural Acts

REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS 740 Railway Labor Act FEDERAL TAX SUITS 892 Economic Stabilizat

210 Land Condemnation 441 Voting 510 Motions to Vacate 790 Other Labor Litigation 870 Taxes (U.S. Plaintiff 893 Environmental Mat

220 Foreclosure 442 Employment Sentence 791 Empl. Ret. Inc. or Defendant) 894 Energy Allocation A

230 Rent Lease & Ejectment 443 Housing/ Habeas Corpus: Security Act 871 IRSThird Party 895 Freedom of Informa 240 Torts to Land Accommodations 530 General 26 USC 7609 Act

245 Tort Product Liability 444 Welfare 535 Death Penalty IMMIGRATION 900Appeal of Fee Determ 290 All Other Real Property 445 Amer. w/Disabilities - 540 Mandamus & Other 462 Naturalization Application Under Equal Access

Employment 550 Civil Rights 463 Habeas Corpus - to Justice

446 Amer. w/Disabilities - 555 Prison Condition Alien Detainee 950 Constitutionality of

Other 465 Other Immigration State Statutes

440 Other Civil Rights Actions

V. ORIGINTransferred fromanother district(specify)

Appeal to DJudge fromMagistrateJudgment

(Place an X in One Box Only)

1 OriginalProceeding

2 Removed fromState Court

3 Remanded fromAppellate Court

4 Reinstated orReopened

5 6 MultidistrictLitigation

7

VI. CAUSE OF ACTION

Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):

Brief description of cause:

VII. REQUESTED INCOMPLAINT:

CHECK IF THIS IS A CLASS ACTIONUNDER F.R.C.P. 23

DEMAND $ CHECK YES only if demanded in complaint

JURY DEMAND: Yes No

VIII. RELATED CASE(S)IF ANY

(See instructions):JUDGE DOCKET NUMBER

DATE SIGNATURE OF ATTORNEY OF RECORD

FOR OFFICE USE ONLY

RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE


OBILE TRANSFORMATION LLC

New Castle, DE

ton Law Partners, 101 Centerpoint Driveite 105, Middletown, CT 06457; 860-724-2160

MEDIA HOLDINGS, LLC

New Haven, CT

35 U.S.C. 1 et seq.

Patent infringement

10/11/2012 /s/ Damian Wasserbauer (#24464)

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44 Reverse (Rev. 12/07)

INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44

Authority For Civil Cover Sheet

The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as reqy law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for thf the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of Court for each civil comled. The attorney filing a case should complete the form as follows:

(a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, ushe full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and then the official, g

oth name and title.

(b) County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at thf filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land condemnation he county of residence of the defendant is the location of the tract of land involved.)

(c) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, nn this section (see attachment).

I. Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.C.P., which requires that jurisdictions be shown in pleadings. Place an X f the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below.

United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here.

United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an X in this box.

ederal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment onstitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes precedence, an

or 2 should be marked.Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the citizenship

ifferent parties must be checked. (See Section III below; federal question actions take precedence over diversity cases.)

II. Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this sor each principal party.

V. Nature of Suit. Place an X in the appropriate box. If the nature of suit cannot be determined, be sure the cause of action, in Section VI below, is suffo enable the deputy clerk or the statistical clerks in the Administrative Office to determine the nature of suit. If the cause fits more than one nature of suit, he most definitive.

V. Origin. Place an X in one of the seven boxes.

Original Proceedings. (1) Cases which originate in the United States district courts.

emoved from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441. When the peor removal is granted, check this box.

emanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing date.einstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date.

ransferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or multidtigation transfers.

Multidistrict Litigation. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C. Section 1407. When thchecked, do not check (5) above.

Appeal to District Judge from Magistrate Judgment. (7) Check this box for an appeal from a magistrate judges decision.

VI. Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional stanless diversity. Example: U.S. Civil Statute: 47 USC 553

Brief Description: Unauthorized reception of cable service

VII. Requested in Complaint. Class Action. Place an X in this box if you are filing a class action under Rule 23, F.R.Cv.P.

Demand. In this space enter the dollar amount (in thousands of dollars) being demanded or indicate other demand such as a preliminary injunction.

ury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.

VIII. Related Cases. This section of the JS 44 is used to reference related pending cases if any. If there are related pending cases, insert the docket nund the corresponding judge names for such cases.

Date and Attorney Signature. Date and sign the civil cover sheet.



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EXHIBIT A



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AO 120 (Rev. 08/10)

TO:Mail Stop 8

Director of the U.S. Patent and Trademark Office

P.O. Box 1450Alexandria, VA 22313-1450

REPORT ON THE

FILING OR DETERMINATION OF AN

ACTION REGARDING A PATENT OR

TRADEMARK

In Compliance with 35 U.S.C. 290 and/or 15 U.S.C. 1116 you are hereby advised that a court action has been

filed in the U.S. District Court on the following

G Trademarks or G Patents.

( G the patent action involves 35 U.S.C. 292.):

DOCKET NO. DATE FILED U.S. DISTRICT COURT

PLAINTIFF DEFENDANT

PATENT OR

TRADEMARK NO.

DATE OF PATENT

OR TRADEMARKHOLDER OF PATENT OR TRADEMARK

1

2

3

4

5

In the aboveentitled case, the following patent(s)/ trademark(s) have been included:

DATE INCLUDED INCLUDED BY

G Amendment G Answer G Cross Bill G Other Pleading

PATENT OR

TRADEMARK NO.

DATE OF PATENT

OR TRADEMARK HOLDER OF PATENT OR TRADEMARK

1

2

3

4

5

In the aboveentitled case, the following decision has been rendered or judgement issued:

DECISION/JUDGEMENT

CLERK (BY) DEPUTY CLERK DATE

Copy 1Upon initiation of action, mail this copy to Director Copy 3Upon termination of action, mail this copy to Director

Copy 2Upon filing document adding patent(s), mail this copy to Director Copy 4Case file copy


Connecticut

10/11/2012 Connecticut

MOBILE TRANSFORMATION LLC MEDIA HOLDINGS, LLC

6,351,736 B1 2/26/2002 Tomer Weisberg, et al.

mobile transformation v. media holdings

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