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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
JURISDICTION AND VENUE
4. This Court has jurisdiction over the subject matter of this action pursuant to 28
U.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 in
Connecticut 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/or
through 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.
Case 3:12-cv-01449-RNC Document 1 Filed 10/11/12 Page 2 of 18
10. Plaintiff is the exclusive licensee of the '736 Patent and possesses all rights of
recovery 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 Website
uses 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
Case 3:12-cv-01449-RNC Document 1 Filed 10/11/12 Page 3 of 18
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 its
infringement 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/or
license from Plaintiff.
16. Plaintiff is entitled to recover from the Defendant the damages sustained by
Plaintiff 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 will
continue 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;
Case 3:12-cv-01449-RNC Document 1 Filed 10/11/12 Page 4 of 18
B. An award of damages to be paid by Defendant adequate to compensate Plaintiff
for 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 deems
just 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)
damian@aetonlaw.com
101 Centerpoint Drive, Suite 105
Middletown, CT 06457
Telephone: (860) 724-2160
Counsel for Plaintiff
Mobile Transformation LLC
Case 3:12-cv-01449-RNC Document 1 Filed 10/11/12 Page 5 of 18
OJS 44 (Rev. 12/07)
CIVIL COVER SHEET
The 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 provided
by 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 initiating
the civil docket sheet. (SEE INSTRUCTIONS ON THE REVERSE OF THE FORM.)
I. (a) PLAINTIFFS DEFENDANTS
(b) County of Residence of First Listed Plaintiff 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)
II. BASIS OF JURISDICTION (Place an X in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES(Place an X in One Box for Plaintiff
(For Diversity Cases Only) and One Box for Defendant)
1 U.S. Government 3 Federal Question PTF DEF PTF DEF
Plaintiff (U.S. Government Not a Party) Citizen of This State 1 1 Incorporated or Principal Place 4 4
of Business In This State
2 U.S. Government 4 Diversity Citizen of Another State 2 2 Incorporated and Principal Place 5 5
Defendant
(Indicate Citizenship of Parties in Item III)
of Business In Another State
Citizen or Subject of a 3 3 Foreign Nation 6 6
Foreign Country
IV. NATURE OF SUIT (Place an X in One Box Only)
CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES
110 Insurance PERSONAL INJURY PERSONAL INJURY 610 Agriculture 422 Appeal 28 USC 158 400 State Reapportionment
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 Influenced and
151 Medicare Act 330 Federal Employers Injury Product 650 Airline Regs. 830 Patent Corrupt Organizations
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 Liability 371 Truth in Lending LABOR SOCIAL SECURITY 850 Securities/Commodities/
of 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 Actions
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 Stabilization Act
210 Land Condemnation 441 Voting 510 Motions to Vacate 790 Other Labor Litigation 870 Taxes (U.S. Plaintiff 893 Environmental Matters
220 Foreclosure 442 Employment Sentence 791 Empl. Ret. Inc. or Defendant) 894 Energy Allocation Act
230 Rent Lease & Ejectment 443 Housing/ Habeas Corpus: Security Act 871 IRSThird Party 895 Freedom of Information
240 Torts to Land Accommodations 530 General 26 USC 7609 Act
245 Tort Product Liability 444 Welfare 535 Death Penalty IMMIGRATION 900Appeal of Fee Determination
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. ORIGIN
Transferred from
another district
(specify)
Appeal to District
Judge from
Magistrate
Judgment
(Place an X in One Box Only)
1 Original
Proceeding
2 Removed from
State Court
3 Remanded from
Appellate Court
4 Reinstated or
Reopened
5 6 Multidistrict
Litigation
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 IN
COMPLAINT:
CHECK IF THIS IS A CLASS ACTION
UNDER 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
Case 3:12-cv-01449-RNC Document 1 Filed 10/11/12 Page 6 of 18
MOBILE TRANSFORMATION LLC
New Castle, DE
Aeton Law Partners, 101 Centerpoint Drive
Suite 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 Connecticut
MOBILE TRANSFORMATION LLC MEDIA HOLDINGS, LLC
6,351,736 B1 2/26/2002 Tomer Weisberg, et al.
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