IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE VIACLIX, INC., Plaintiff, Civil Action No.

v. JURY TRIAL DEMANDED NETFLIX, INC., Defendant. COMPLAINT Plaintiff ViaCLIX, Inc. (ViaCLIX), for its Complaint against Defendant Netflix, Inc. (Netflix), alleges as follows: NATURE OF THE ACTION 1. This is an action for patent infringement of one (1) United States Patent under the

Patent Laws of the United States, 35 U.S.C. 271 et seq., to enjoin, obtain damages and for such relief as the Court deems just and proper resulting from Defendant Netflixs unauthorized use, sale, offer to sell and/or importation into the United States for subsequent use of products, methods, processes, services, and/or systems that infringe one or more claims of United States Patent No. 6,587,873. THE PARTIES 2. Plaintiff ViaCLIX is a California corporation with its principal place of business

at 16795 Lark Ave, Suite 101, Los Gatos, CA95032. ViaCLIX conducts business in the judicial district of Delaware. 3. Upon information and belief, Netflix is a Delaware corporation with its principal

place of business at 100 Winchester Circle, Los Gatos, CA 95032. It is further believed that Netflix conducts business in the judicial district of Delaware.

JURISDICTION AND VENUE 4. States Code. 5. This Court has jurisdiction over the subject matter of this action pursuant to This action arises under the patent laws of the United States, Title 35, United

28 U.S.C. 1331, 1338, and 1367. 6. Venue is proper in this judicial district pursuant to 28 U.S.C. 1391 and 1400,

as Netflix is subject to personal jurisdiction in this judicial district, and has committed acts of infringement within this judicial district. 7. This Court has personal jurisdiction over Netflix, as Netflix regularly conducts

business in this judicial district. THE PATENT 8. U.S. Patent No. 6,587,873 (the 873 patent), entitled System Server for

Channel-Based Internet Network, issued to Lida Nobakht and James R. W. Clymer on July 1, 2003. A copy of the 873 patent is attached hereto as Exhibit 1. FACTUAL BACKGROUND AND CONTROVERSY 9. ViaCLIX develops and delivers software applications that transform how people

interact with media content including Internet and broadcast. ViaCLIX provides personalized mobile Internet TV navigation and content discovery solutions that are easy-to-use and bring consumers the content they want on their choice of end user devices and/or terminals in an interactive personalized way. 10. 11. ViaCLIX solutions operate on all types of end user devices and/or terminals. ViaCLIX is the owner, by assignment, of the 873 patent, which discloses and

claims a method of operating, and system server for, a channel-based Internet network.

The 873 patent discloses that a channel table database stores a master channel table including a list of Internet site names, associated channel numbers, and associated Internet addresses and that, in response to a download request, at least a portion of the master channel table is transmitted to a user terminal of the channel-based network via the Internet. 12. Upon information and belief, Netflix is the owner and operator of the interactive

ecommerce site www.netflix.com, which provides and/or participates in the providing of services for accessing a catalog of content including movies and TV shows. 13. Upon information and belief, within this judicial district, Netflix has, without

ViaCLIXs permission, made, used, offered to sell, and/or sold and continues to make, use, offer to sell, and/or sell services for allowing Netflix subscribers to search for, and instantly watch, content streamed over the Internet to user terminals. COUNT I (Patent Infringement of the 873 Patent) 14. ViaCLIX repeats, realleges, and incorporates by reference the allegations in

paragraphs 1-13 as if fully set forth herein. 15. Upon information and belief, Netflix has been, and currently is, directly infringing

at least claims 1 and 17 of the 873 patent, literally and/or under the doctrine of equivalents, through its operation of the www.netflix.com interactive e-commerce site. 16. Upon information and belief, Netflix is liable for infringement of at least claims 1

and 17 of the 873 patent under 35 U.S.C. 271(a) by virtue of Netflixs hardware and software performing or dictating the performance of each of the steps for at least claim 1 and its hardware including each of the elements of at least claim 17.

17.

Upon information and belief, Netflixs infringement of the 873 patent will

continue unless enjoined by this Court. 18. As a direct and proximate consequence of Netflixs infringement of the 873

patent, ViaCLIX has suffered and will continue to suffer irreparable injury and damages, in an amount not yet determined, for which ViaCLIX is entitled to relief. PRAYER FOR RELIEF WHEREFORE, ViaCLIX prays for the following relief: a. A judgment declaring that Netflix has infringed, literally and/or under the doctrine

of equivalents, any valid or enforceable claim of the 873 patent; b. That this Court permanently enjoin Netflix and its officers, directors agents,

servants, affiliates, divisions, branches, subsidiaries, parents, licensees, successors, and assigns, and all persons acting in concert or privity with any of them, from infringement of the 873 patent; c. interest; and d. That ViaCLIX be granted such other and additional relief to which it may be An award of damages, costs, expenses, pre-judgment interest, and post-judgment

entitled in law or equity and which this Court deems to be just or proper. JURY DEMAND ViaCLIX demands a trial by jury of all matters to which it is entitled to trial by jury pursuant to Federal Rule of Civil Procedure 38.

Dated: March 6, 2012

YOUNG CONAWAY STARGATT & TAYLOR, LLP /s/ Pilar G. Kraman Adam W. Poff (No. 3990) Pilar G. Kraman (No. 5199) Rodney Square 1000 North King Street Wilmington, DE 19801 (302) 571-6600 apoff@ycst.com pkraman@ycst.com Attorneys for Plaintiff ViaCLIX, INC.

OF COUNSEL: Edward A. Pennington John P. Moy Chadwick A. Jackson MURPHY & KING, P.C. 1055 Thomas Jefferson Street, N.W., Suite 400 Washington, D.C. 20007 Tel: (202) 403-2100 Fax: (202) 429-4380 eap@murphyking.com jpm@murphyking.com caj@murphyking.com