Paul Allen's Interval Licensing has met the deadline to file
an amended complaint [PDF] with specificity. If you can read it without passing out laughing and/or having your head explode with disgust, I'd like to know what happened to you as a child that blunted your normal emotions.
No wonder he didn't want to be specific. This document is Exhibit A for why software patents are an oozing pimple on the nose of the US legal system. Interval is suing because it can, and it would like to be paid by anyone using the Internet in a normal way, and it can because the US Patent Office thought it was good policy to rubber stamp stupid software patents right and left, with the idea that they could be vetted in litigation. And vetted they will be. But at what cost to the US economy? I can't believe any of these patents will survive intact. Normally, I'd ask you to look for prior art, but I see other, easier ways to toss them in the dumpster, so even if I weren't busy doing Comes v. Microsoft exhibits, I still wouldn't ask you to bother. Post any that you happen to know about, but I'm not asking unless one of the defendants specifically asks for us to do it.
Update: The docket, with all the exhibits:
12/28/2010 - 153 - FIRST AMENDED COMPLAINT for Patent Infringement against defendant(s) AOL Inc, Apple Inc, Facebook Inc, Google Inc, Netflix Inc, Office Depot Inc, OfficeMax Inc, Staples Inc, Yahoo! Inc, YouTube LLC, eBay Inc with JURY DEMAND, filed by Interval Licensing LLC. (Attachments: # 1 Exhibit, # 2 Exhibit)(MD) (Entered: 12/29/2010)
12/28/2010 - 154 - NOTICE of Service: Disclosure of asserted claims and infringement contentions filed by Plaintiff Interval Licensing LLC. (MD) (Entered: 12/29/2010)
Here it is as text:
**********************
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE
___________________________________
INTERVAL LICENSING LLC,
Plaintiff,
v.
AOL, INC.; APPLE, INC.; eBAY, INC.;
FACEBOOK, INC.; GOOGLE INC.;
NETFLIX, INC.; OFFICE DEPOT, INC.;
OFFICEMAX INC.; STAPLES, INC.;
YAHOO! INC.; AND YOUTUBE, LLC,
Defendants.
____________________________
FIRST AMENDED COMPLAINT
FOR PATENT INFRINGEMENT
JURY DEMAND
_____________________
FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
Plaintiff Interval Licensing LLC, files this first amended complaint for patent
infringement against Defendants AOL, Inc., Apple, Inc., eBay, Inc., Facebook, Inc., Google
Inc., Netflix, Inc., Office Depot, Inc., OfficeMax Inc., Staples, Inc., Yahoo! Inc., and
YouTube, LLC. Plaintiff Interval Licensing LLC alleges:
THE PARTIES
1. Interval Licensing LLC (Interval) is a limited liability company duly
organized under the laws of the state of Washington, with its principal place of business at
505 Fifth Avenue South, Suite 900, Seattle, WA 98104.
2. Interval is informed and believes, and on that basis alleges, that Defendant
AOL, Inc. (AOL) is a corporation duly organized and existing under the laws of the state
of Delaware, with its principal place of business at 770 Broadway, New York, NY 10003.
3. Interval is informed and believes, and on that basis alleges, that Defendant
Apple, Inc. (Apple) is a corporation duly organized and existing under the laws of the
state of California, with its principal place of business at 1 Infinite Loop, Cupertino, CA
95014.
4. Interval is informed and believes, and on that basis alleges, that Defendant
eBay, Inc. (eBay) is a corporation duly organized and existing under the laws of the state
of Delaware, with its principal place of business at 2145 Hamilton Avenue, San Jose, CA
95125.
5. Interval is informed and believes, and on that basis alleges, that Defendant
Facebook, Inc. (Facebook) is a corporation duly organized and existing under the laws of
the state of Delaware, with its principal place of business at 1601 S. California Avenue, Palo
Alto, CA 94304.
6. Interval is informed and believes, and on that basis alleges, that Defendant
Google Inc. (Google) is a corporation duly organized and existing under the laws of the
state of Delaware, with its principal place of business at 1600 Amphitheatre Parkway,
2 7. Interval is informed and believes, and on that basis alleges, that Defendant
Netflix, Inc. (Netflix) is a corporation duly organized and existing under the laws of the
state of Delaware, with its principal place of business at 100 Winchester Circle, Los Gatos,
CA 95032.
8. Interval is informed and believes, and on that basis alleges, that Defendant
Office Depot, Inc. (Office Depot) is a corporation duly organized and existing under the
laws of the state of Delaware, with its principal place of business at 6600 North Military
Trail, Boca Raton, FL 33496.
9. Interval is informed and believes, and on that basis alleges, that Defendant
OfficeMax Inc. (OfficeMax) is a corporation duly organized and existing under the laws
of the state of Delaware, with its principal place of business at 263 Shuman Boulevard,
Naperville, IL 60563.
10. Interval is informed and believes, and on that basis alleges, that Defendant
Staples, Inc. (Staples) is a corporation duly organized and existing under the laws of the
state of Delaware, with its principal place of business at 500 Staples Drive, Framingham,
MA 01702.
11. Interval is informed and believes, and on that basis alleges, that Defendant
Yahoo! Inc. (Yahoo) is a corporation duly organized and existing under the laws of the
state of Delaware, with its principal place of business at 701 First Avenue, Sunnyvale, CA
94089.
12. Interval is informed and believes, and on that basis alleges, that Defendant
YouTube, LLC (YouTube) is a limited liability company duly organized and existing
3 under the laws of the state of California, with its principal place of business at 901 Cherry
Avenue, San Bruno, CA 94066.
JURISDICTION AND VENUE
13. This Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1338(a)
because this action arises under the patent laws of the United States, 35 U.S.C. §§ 1 et seq.
Venue is proper in this Federal Circuit pursuant to 28 U.S.C. §§ 1391(b)-(c) and 1400(b) in
that a substantial part of the events giving rise to the claims occurred in this district and the
defendants have a regular and established practice of business in this district and have
committed acts of infringement in this district.
INTERVAL RESEARCH CORPORATION WAS A PIONEER IN THE
TECHNOLOGY INDUSTRY
14. Interval Research Corporation (Interval Research) was founded in 1992 by
Paul Allen and David Liddle to perform advanced research and development in the areas of
information systems, communications, and computer science. Mr. Allen, who served as
Interval Researchs chairman, was one of the earliest pioneers of personal computer
software. He co-founded Microsoft with Bill Gates in 1975 and later founded Vulcan
Ventures in 1986. Mr. Liddle served as Interval Researchs president and chief executive
officer. He was instrumental in developing fundamental technologies starting in the early
1970s when he worked at Xerox at the Palo Alto Research Center.
15. Starting with Mr. Allen, Mr. Liddle, and a handful of scientists and inventors,
Interval Research evolved into one of the preeminent technology firms. It employed over
110 of the worlds leading scientists, physicists, engineers, artists, and journalists, and was
at the forefront in designing next-generation science and technology.
4 16. In addition to the research that Interval Research conducted, it also provided
funding and assistance for other projects. For example, Interval Research served as an
outside collaborator to and provided research funding for Sergey Brin and Lawrence Pages
research that resulted in Google. Indeed, a Google screenshot dated September 27, 1998
entitled About Google! identifies Interval Research in the Credits section as one of two
Outside Collaborators and one of four sources of Research Funding for Google. See
Sept. 27, 1998 Website About Google! attached as Exhibit 1.
17. Mr. Brin and Mr. Page also recognized Interval Researchs funding in the
Acknowledgements section of their 1998 research article entitled Anatomy of a Large-Scale Hypertextual Web Search Engine in which they present Google.
18. As a testament to Interval Researchs innovation, it was issued approximately
300 patents in less than a decade. Four of those patents are the patents-in-suit.
19. Interval Licensing LLC owns the patents-in-suit. The company is owned and
controlled by Mr. Allen.
INFRINGEMENT OF U.S. PATENT NO. 6,263,507
20. On July 17, 2001, United States Patent No. 6,263,507 (the 507 patent) was
duly and legally issued for an invention entitled Browser for Use in Navigating a Body of
Information, With Particular Application to Browsing Information Represented By
Audiovisual Data. The 507 patent describes an invention that enables a user to efficiently
review a large body of information by categorizing and correlating segments of information
within the body of information and generating displays of segments that are related to the
primary information being viewed by the user. Interval was assigned the 507 patent and
5 continues to hold all rights and interest in the 507 patent. A true and correct copy of the
507 patent is attached hereto as Exhibit 2.
21. Defendant AOL has infringed and continues to infringe one or more claims
of the 507 patent under 35 U.S.C. § 271. AOL operates many websites that provide
articles, videos, advertisements, and other types of content to users. In order to help users
find additional content items that may be of interest, the software and hardware that operate
the websites compare the available content items to determine whether they are related.
When a user views a particular content item, the AOL websites generate displays of related
content items so as to inform the user that the related content items may be of interest. For
example, as demonstrated by Exhibit 6, when a user views a particular news article on the
AOL News website, the website displays both the article (identified by the red box) and
links to other related news articles (identified by the green boxes). Similar functionality is
used by many websites that are owned and operated by AOL, including AOL Answers,
Asylum, Auto Blog, Aol Autos, Big Download, BlackVoices, The Boombox, The Boot,
Cambio, Cinematical, Citys Best, Comics Alliance, DailyFinance, Engadget, Fanhouse,
Flea Flicker, Gadling, GameDaily, Games.com, AOL Health, Holidash, Housing Watch,
AOL Find a Job, Joystiq, JSYK, Aol Kids, Kitchen Daily, AOL Latino, Lemondrop, AOL
Lifestream, AOL Mail, Marlo Thomas.com, Massively, MMA Fighting.com, Moviefone,
AOL Music, My Daily, AOL News, NoiseCreep, Parent Dish, Patch, Paw Nation, Politics
Daily, PopEater, AOL Radio, AOL Real Estate, Rented Spaces, AOL Seed, ShelterPop,
AOL Shopping, Shortcut$, SHOUTcast, Slashfood, AOL Small Business, Spinner, Stylelist,
Switched, AOL Television, Tourtracker, AOL Travel, Truveo, Tu-Voz, Tuaw, TV Squad,
URLesque, AOL Videos, WalletPop, Winamp, and WOW.com. Although the types of
6 content (e.g., articles, videos, recipes, emails, product information, advertisements, etc.) may
vary from website to website, each website performs the function described above namely,
comparing content items to determine whether they are related and displaying those related
content items. The hardware and software associated with the AOL websites identified
above and any other AOL websites that perform this function infringe at least claims 20, 21,
22, 23, 24, 27, 28, 31, 34, 37, 63, 64, 65, 66, 67, 70, 71, 74, 77, and 80 of the 507 patent
under 35 U.S.C. § 271.
22. Defendant AOL operates the AOL Spam Filter as part of its AOL Mail
website and service. When a new email is received by AOL Mail, the hardware and
software associated with the AOL Spam Filter categorize the new email as either spam or
not spam. The categorization is based at least in part on a comparison between the new
email and other emails that have been received by AOL Mail. The hardware and software
associated with the AOL Spam Filter have infringed and continue to infringe at least claims
39, 40, 43, 82, 83 and 86 of the 507 patent under 35 U.S.C. § 271.
23. Defendant Apple has infringed and continues to infringe one or more claims
of the 507 patent under 35 U.S.C. § 271. Apple operates the Apple.com store, iTunes, App
Stores, and Apple TV systems, each of which provides content such as multimedia content,
applications, and/or product information to users. In order to help users find additional
content that may be of interest, the software and hardware that operate these systems
compare the available content items to determine whether they are related. When a user
views a particular content item, the Apple systems generate displays of related content items
so as to inform the user that the related items may be of interest. For example, as
demonstrated by Exhibit 7, when a user views a particular music album on iTunes, the
7 iTunes system displays both the selected music album (identified by the red box) and links
to other related music items (identified by the green boxes). The hardware and software
associated with the Apple websites and systems identified above and any other Apple
websites and systems that perform this function infringe at least claims 20, 21, 22, 23, 24,
27, 28, 31, 34, 37, 63, 64, 65, 66, 67, 70, 71, 74, 77, and 80 of the 507 patent under 35
U.S.C. § 271.
24. Defendant eBay has infringed and continues to infringe one or more claims
of the 507 patent under 35 U.S.C. § 271. eBay operates the eBay.com and Half.com
websites, which provide content such as product listings and advertisements to users. In
order to help users find additional content that may be of interest, the software and hardware
that operate these websites compare the available content items to determine whether they
are related. When a user views a particular content item, the eBay.com and Half.com
websites generate displays of related content items so as to inform the user that the related
items may be of interest. For example, as demonstrated by Exhibit 8, when a user views a
particular product listing on eBay.com, the eBay.com website displays both the selected
product information (identified by the orange box) and links to other related products
(identified by the green boxes). The hardware and software associated with the eBay
websites identified above and any other eBay websites that perform this function infringe at
least claims 20, 21, 22, 23, 24, 27, 28, 31, 34, 37, 63, 64, 65, 66, 67, 70, 71, 74, 77, and 80
of the 507 patent under 35 U.S.C. § 271.
25. Defendant Facebook has infringed and continues to infringe one or more
claims of the 507 patent under 35 U.S.C. § 271. Facebook operates the Facebook.com
website, which provides content such as profile information, photos, event information, and
8 messages to users. In order to help users find additional content that may be of interest, the
software and hardware that operate this website compare the available content items to
determine whether they are related. When a user views a particular content item, the
Facebook.com website generates a display of related content items so as to inform the user
that the related items may be of interest. For example, as demonstrated by Exhibit 9, when a
user views a particular photo page on Facebook.com, the Facebook.com website displays
both the selected photo information (identified by the red box) and links to other related
photos (identified by the green boxes). Another example of infringing functionality is
demonstrated by user profile pages, which display photos and profiles of other users that are
related to the profile being viewed. The hardware and software associated with the
Facebook.com website that perform this function infringe at least claims 20, 21, 22, 23, 24,
27, 28, 31, 34, 37, 63, 64, 65, 66, 67, 70, 71, 74, 77, and 80 of the 507 patent under 35
U.S.C. § 271.
26. Defendant Google has infringed and continues to infringe one or more claims
of the 507 patent under 35 U.S.C. § 271. Google operates many websites that provide
articles, videos, advertisements, and other types of content to users. In order to help users
find additional content items that may be of interest, the software and hardware that operate
the websites compare the available content items to determine whether they are related.
When a user views a particular content item, the Google websites generate displays of
related content items so as to inform the user that the related content items may be of
interest. For example, as demonstrated by Exhibit 10, when a user views a particular piece
of financial information on the Google Finance website, the website displays both the
selected financial information (identified by the red box) and links to other related financial
9 information, articles, and advertisements (identified by the green boxes). Similar
functionality is used by many websites that are owned and operated by Google, including
Boutiques.com, Google Products, Gmail, Google Books, Google Finance, Google Videos,
Google Knol, Google Groups, Google Desktop, Google Maps, Orkut, and Google Search.
Although the types of content (e.g., articles, videos, financial information, emails, product
information, advertisements, etc.) may vary from website to website, each website performs
the function described abovenamely, comparing content items to determine whether they
are related and displaying those related content items. The hardware and software
associated with the Google websites identified above and any other Google websites that
perform this function infringe at least claims 20, 21, 22, 23, 24, 27, 28, 31, 34, 37, 38, 63,
64, 65, 66, 67, 70, 71, 74, 77, 80 and 81 of the 507 patent under 35 U.S.C. § 271.
27. Defendant Google operates the Google AdSense and Google Display
Network systems that provide contextual advertisements to third party publishers. In order
to help users find advertisements that may be of interest, Googles hardware and software
compare the content on the third party publishers websites to advertisements to determine
whether they are related. When a user views a particular content item on a third party
publishers website, related Google advertisements are also provided to the user. For
example, as demonstrated by Exhibit 11, when a user views an article on the About.com
website (identified by the red box), the user also receives related Google advertisements
(identified by the green boxes). The hardware and software associated with the Google
AdSense and Google Display Network systems have infringed and continue to infringe at
least claims 20, 21, 22, 24, 27, 28, 31, 34, 37, 63, 64, 65, 67, 70, 71, 74, 77, and 80 of the
507 patent under 35 U.S.C. § 271.
10 28. Defendant Google operates the Gmail Spam Filter as part of its Gmail
website and service. When a new email is received by Gmail, the hardware and software
associated with the Gmail Spam Filter categorize the new email as either spam or not
spam. The categorization is based at least in part on a comparison between the new email
and other emails that have been received by Gmail. The hardware and software associated
with the Gmail Spam Filter have infringed and continue to infringe at least claims 39, 40,
43, 82, 83 and 86 of the 507 patent under 35 U.S.C. § 271.
29. Defendant Google operates an automated book classification system as part
of its Google Books website and service. When new book information is received by
Google, the hardware and software associated with the Google Books classification system
indexes and categorizes the book. The categorization is based at least in part on a
comparison between the new book information and information related to other books that
have been indexed and categorized by Google Books. The hardware and software
associated with the book classification system have infringed and continue to infringe at
least claims 39, 40, 43, 82, 83 and 86 of the 507 patent under 35 U.S.C. § 271.
30. Defendant Netflix has infringed and continues to infringe one or more claims
of the 507 patent under 35 U.S.C. § 271. Netflix operates the Netflix.com website, which
provides content such as movie and television show information to users. In order to help
users find additional content that may be of interest, the software and hardware that operate
this website compare the available content items to determine whether they are related.
When a user views a particular content item, the Netflix.com website generates a display of
related content items so as to inform the user that the related items may be of interest. For
example, as demonstrated by Exhibit 12, when a user views a movie page on Netflix.com,
11 the Netflix.com website displays both the selected movie information (identified by the red
box) and links to other related movies (identified by the green boxes). The hardware and
software associated with the Netflix.com website that perform this function infringe at least
claims 20, 21, 22, 23, 24, 27, 28, 31, 34, 37, 63, 64, 65, 66, 67, 70, 71, 74, 77, and 80 of the
507 patent under 35 U.S.C. § 271.
31. Defendant Office Depot has infringed and continues to infringe one or more
claims of the 507 patent under 35 U.S.C. § 271. Office Depot operates websites such as
OfficeDepot.com and TechDepot.com that provide content such as product information to
users. In order to help users find additional content that may be of interest, the software and
hardware that operate these websites compare the available content items to determine
whether they are related. When a user views a particular content item, the Office Depot
websites generate displays of related content items so as to inform the user that the related
items may be of interest. For example, as demonstrated by Exhibit 13, when a user views a
product page on OfficeDepot.com, the OfficeDepot.com website displays both the selected
product information (identified by the red box) and links to other related products (identified
by the green boxes). The hardware and software associated with the Office Depot websites
identified above and any other Office Depot websites that perform this function infringe at
least claims 20, 21, 22, 23, 24, 27, 28, 31, 34, 37, 63, 64, 65, 66, 67, 70, 71, 74, 77, and 80
of the 507 patent under 35 U.S.C. § 271.
32. Defendant OfficeMax has infringed and continues to infringe one or more
claims of the 507 patent under 35 U.S.C. § 271. OfficeMax operates websites such as
12 OfficeMax.com1 that provide content such as product information to users. In order to help
users find additional content that may be of interest, the software and hardware that operate
these websites compare the available content items to determine whether they are related.
When a user views a particular content item, the Office Depot websites generate displays of
related content items so as to inform the user that the related items may be of interest. For
example, as demonstrated by Exhibit 14, when a user views a product page on
OfficeMax.com, the OfficeMax.com website displays both the selected product information
(identified by the red box) and links to other related products (identified by the green boxes).
The hardware and software associated with the OfficeMax websites identified above and
any other OfficeMax websites that perform this function infringe at least claims 20, 21, 22,
23, 24, 27, 28, 31, 34, 37, 63, 64, 65, 66, 67, 70, 71, 74, 77, and 80 of the 507 patent under
35 U.S.C. § 271.
33. Defendant Staples has infringed and continues to infringe one or more claims
of the 507 patent under 35 U.S.C. § 271. Staples operates websites such as Staples.com2
that provide content such as product information to users. In order to help users find
additional content that may be of interest, the software and hardware that operate these
websites compare the available content items to determine whether they are related. When a
user views a particular content item, the Staples websites generate displays of related
content items so as to inform the user that the related items may be of interest. For example,
as demonstrated by Exhibit 15, when a user views a product page on Staples.com, the
13 Staples.com website displays both the selected product information (identified by the red
box) and links to other related products (identified by the green boxes). The hardware and
software associated with the Staples websites identified above and any other Staples
websites that perform this function infringe at least claims 20, 21, 22, 23, 24, 27, 28, 31, 34,
37, 63, 64, 65, 66, 67, 70, 71, 74, 77, and 80 of the 507 patent under 35 U.S.C. § 271.
34. Defendant Yahoo has infringed and continues to infringe one or more claims
of the 507 patent under 35 U.S.C. § 271. Yahoo operates many websites that provide
articles, videos, advertisements, and other types of content to users. In order to help users
find additional content items that may be of interest, the software and hardware that operate
the websites compare the available content items to determine whether they are related.
When a user views a particular content item, the Yahoo websites generate displays of related
content items so as to inform the user that the related content items may be of interest. For
example, as demonstrated by Exhibit 16, when a user views a particular article on the Yahoo
Finance website, the website displays both the article (identified by the red box) and related
stock information, advertisements, articles, blog posts, and message boards (identified by the
green boxes). Similar functionality is used by many websites that are owned and operated
by Yahoo, including Flickr, Hotjobs, Rivals, Yahoo Advertising, Yahoo Alerts, Yahoo
Auto, Yahoo Avatar, Yahoo Biz, Yahoo Bookmarks, Yahoo Buzz, Yahoo Education, Yahoo
Entertainment, Yahoo Events, Yahoo Finance, Yahoo Games, Yahoo Green, Yahoo Groups,
Yahoo Health, Yahoo Kids, Yahoo Lifestyle, Yahoo Maps, Yahoo Mail, Yahoo Mobile,
Yahoo Movies, Yahoo Music, My Yahoo, Yahoo News, Yahoo OMG!, Yahoo People,
14 Yahoo Pulse, Yahoo Real Estate, Yahoo Shine, Yahoo Shopping, Yahoo Small Business,
Yahoo Sports, Yahoo Travel, Yahoo TV, Yahoo Video, Yahoo Video Games, Yahoo
Weather, Yahoo Widgets, Yahoo Answers, and Yahoo Local. Although the types of content
(e.g., articles, videos, financial information, job postings, emails, product information,
advertisements, etc.) may vary from website to website, each website performs the function
described above namely, comparing content items to determine whether they are related
and displaying those related content items. The hardware and software associated with the
Yahoo websites identified above and any other Yahoo websites that perform this function
infringe at least claims 20, 21, 22, 23, 24, 27, 28, 31, 34, 37, 63, 64, 65, 66, 67, 70, 71, 74,
77, and 80 of the 507 patent under 35 U.S.C. § 271.
35. Defendant Yahoo operates the Content Match for Yahoo Search Marketing
and Yahoo Advertising Solutions systems that provide contextual advertisements to third
party publishers. In order to help users find advertisements that may be of interest, Yahoo
compares the content on the third party publishers websites to advertisements to determine
whether they are related. When a user views a particular content item on a third party
publishers website, related Yahoo advertisements are also provided to the user. For
example, as demonstrated by Exhibit 17, when a user views a product on the Buy.com
website (identified by the red box), the user also receives related Yahoo advertisements
(identified by the green box). The hardware and software associated with the Yahoo
Content Match and Yahoo Advertising Solutions systems have infringed and continue to
infringe at least claims 20, 21, 22, 24, 27, 28, 31, 34, 37, 63, 64, 65, 67, 70, 71, 74, 77, and
80 of the 507 patent under 35 U.S.C. § 271.
15 36. Defendant Yahoo operates the Yahoo SpamGuard as part of its Yahoo Mail
website and service. When a new email is received by Yahoo Mail, the hardware and
software associated with the Yahoo SpamGuard categorize the new email as either spam
or not spam. The categorization is based at least in part on a comparison between the new
email and other emails that have been received by Yahoo Mail. The hardware and software
associated with the Yahoo SpamGuard have infringed and continue to infringe at least
claims 39, 40, 43, 82, 83 and 86 of the 507 patent under 35 U.S.C. § 271.
37. Defendant YouTube has infringed and continues to infringe one or more
claims of the 507 patent under 35 U.S.C. § 271. YouTube operates the YouTube.com
website, which provides content such as videos and advertisements to users. In order to help
users find additional content that may be of interest, the software and hardware that operate
this website compare the available content items to determine whether they are related.
When a user views a particular content item, the YouTube.com website generates a display
of related content items so as to inform the user that the related items may be of interest.
For example, as demonstrated by Exhibit 18, when a user views a video page on
YouTube.com, the YouTube.com website displays both the selected video information
(identified by the red box) and links to other related videos and advertisements (identified by
the green boxes). The hardware and software associated with the YouTube.com website that
perform this function infringe at least claims 20, 21, 22, 23, 24, 27, 28, 31, 34, 37, 63, 64,
65, 66, 67, 70, 71, 74, 77, and 80 of the 507 patent under 35 U.S.C. § 271.
38. Defendants AOL, Apple, eBay, Facebook, Google, Netflix, Office Depot,
OfficeMax, Staples, Yahoo, and YouTubes acts of infringement have caused damage to
Interval, and Interval is entitled to recover from Defendants the damages
16 Interval as a result of Defendants wrongful acts in an amount subject to proof at trial.
Defendants infringement of Intervals exclusive rights under the 507 patent will continue
to damage Interval, causing irreparable harm for which there is no adequate remedy at law,
unless enjoined by this Court. Interval reserves the right to allege, after discovery, that
Defendants infringement is willful and deliberate, entitling Interval to increased damages
under 35 U.S.C. § 284 and to attorneys fees and costs incurred in prosecuting this action
under 35 U.S.C. § 285.
INFRINGEMENT OF U.S. PATENT NO. 6,034,652
39. On March 7, 2000, United States Patent No. 6,034,652 (the 652 patent)
was duly and legally issued for an invention entitled Attention Manager for Occupying the
Peripheral Attention of a Person in the Vicinity of a Display Device. The 652 patent
describes an invention that enables information to be provided to a user in an unobtrusive
manner that does not distract the user from his primary interaction with an apparatus such
as, for example, a computer or television. The 652 patent is related to United States Patent
No. 6,788,314, which is described in further detail below. Interval was assigned the 652
patent and continues to hold all rights and interest in the 652 patent. A true and correct
copy of the 652 patent is attached hereto as Exhibit 3.
40. Defendant AOL has infringed and continues to infringe at least claims 4, 5, 8,
11, 17, and 18 of the 652 patent under 35 U.S.C. § 271 by making, using, distributing, and
encouraging customers to use the AOL Instant Messenger and Lifestream software. The
AOL Instant Messenger software infringes by displaying information including, e.g., email
and Buddy List alerts, to a user in an unobtrusive manner that occupies the peripheral
attention of the user. For example, as demonstrated by Exhibit 19, when a buddys status
17 changes, the AOL Instant Messenger software displays a pop-up notification in the lower
right corner of the screen for a short period of time. As demonstrated in Exhibit 20, the
Lifestream software infringes by displaying information including, e.g., recent social
network and YouTube content, to a user in an unobtrusive manner that occupies the
peripheral attention of the user.
41. Defendant Apple has infringed and continues to infringe at least claims 4, 5,
8, 11, 15, 16, and 18 of the 652 patent under 35 U.S.C. § 271 by making, using, selling,
distributing, and encouraging customers to use computers containing Apple Dashboard and
the associated widgets software. Apple Dashboard and the associated widgets software
infringes by displaying information to a user in an unobtrusive manner that occupies the
peripheral attention of the user. For example, as demonstrated by Exhibit 21, Apple
Dashboard creates a transparent overlay that includes information such as weather and
sports scores. As described by Apple:
With a single click, Dashboard appears, complete with widgets that bring you
a world of information real-time weather, stock tickers, flight information,
and more instantly. Dashboard disappears just as easily, so you can get
back to what you were doing.
http://www.apple.com/macosx/what-is-macosx/apps-and-utilities.html
42. Defendant Google has infringed and continues to infringe at least claims 4, 5,
8, 11, 15, 16, 17, and 18 of the 652 patent under 35 U.S.C. § 271 by making, using,
distributing, and encouraging customers to use the Gmail Notifier, Google Talk, and Google
Talk Labs Edition software. The Gmail Notifier, Google Talk, and Google Talk Labs
Edition software infringes by displaying information including, e.g., email and/or friend
status alerts, to a user in an unobtrusive manner that occupies the peripheral attention of the
user. For example, as demonstrated by Exhibit 22, when a user receives a new email, the
18 Google Talk Labs Edition software displays a pop-up notification in the lower right corner
of the screen for a short period of time.
43. Defendant Google has infringed and continues to infringe at least claims 4, 5,
6, 7, 8, 11, 15, 16, and 18 of the 652 patent under 35 U.S.C. § 271 by making, using,
distributing, and encouraging customers to use Google Desktop and the associated gadgets
software. Google Desktop and the associated gadgets software infringes by displaying
information to a user in an unobtrusive manner that occupies the peripheral attention of the
user. For example, as demonstrated by Exhibit 23, Google Desktop creates an unobtrusive
sidebar that includes information such as news, photos, stock quotes, and YouTube videos.
44. Defendant Google has infringed and continues to infringe at least claims 4, 8,
11, 15, 16, 17, and 18 of the 652 patent under 35 U.S.C. § 271 by making, using, selling,
distributing, and encouraging customers to use devices containing the Android Operating
System and associated software such as Text Messaging, Google Talk, Google Voice, and
Calendar. Devices containing the Android Operating System and associated software
infringe by displaying information including, e.g., text messages, Google Voice messages,
chat messages, and calendar events, to a user of a mobile device in an unobtrusive manner
that occupies the peripheral attention of the user. For example, as demonstrated by Exhibit
24, when a user receives a new Google Voice message, the Android Operating System and
Google Voice software display a notification in the status bar screen for a short period of
time.
45. Defendant Yahoo has infringed and continues to infringe at least claims 4, 5,
8, 11, 17, and 18 of the 652 patent under 35 U.S.C. § 271 by making, using, distributing,
and encouraging customers to use the Yahoo Messenger software. The Yahoo Messenger
19 software infringes by displaying information including, e.g., email and/or friend status
alerts, to a user in an unobtrusive manner that occupies the peripheral attention of the user.
For example, as demonstrated by Exhibit 25, when a friends status changes, the Yahoo
Messenger software displays a pop-up notification in the lower right corner of the screen for
a short period of time.
46. Defendant Yahoo has infringed and continues to infringe at least claims 4, 5,
6, 8, 11, 15, 16, and 18 of the 652 patent under 35 U.S.C. § 271 by making, using,
distributing, and encouraging customers to use Yahoo Widgets and the associated widgets
software. Yahoo Widgets and the associated widgets software infringes by displaying
information to a user in an unobtrusive manner that occupies the peripheral attention of the
user. For example, as demonstrated by Exhibit 26, Yahoo Widgets creates unobtrusive
sidebars that include information such as news, photos, stock quotes, and weather
information.
47. Defendant Yahoo has infringed and continues to infringe at least claims 4, 5,
and 15 of the 652 patent under 35 U.S.C. § 271 by making, using, selling, distributing, and
encouraging customers to use Yahoo Connected TV and the associated widgets software.
Yahoo Connected TV and the associated widgets software infringes by displaying
information to a user in an unobtrusive manner that occupies the peripheral attention of the
user. For example, as demonstrated by Exhibit 27, Yahoo Connected TV and the Yahoo
News widget create an unobtrusive sidebar that displays recent news headlines.
48. Defendants AOL, Apple, Google, and Yahoos acts of infringement have
caused damage to Interval, and Interval is entitled to recover from Defendants the damages
sustained by Interval as a result of Defendants wrongful acts in an amount subject to proof
20 at trial. Defendants infringement of Intervals exclusive rights under the 652 patent will
continue to damage Interval, causing irreparable harm for which there is no adequate
remedy at law, unless enjoined by this Court. Interval reserves the right to allege, after
discovery, that Defendants infringement is willful and deliberate, entitling Interval to
increased damages under 35 U.S.C. § 284 and to attorneys fees and costs incurred in
prosecuting this action under 35 U.S.C. § 285.
INFRINGEMENT OF U.S. PATENT NO. 6,788,314
49. On September 7, 2004, United States Patent No. 6,788,314 (the 314
patent) was duly and legally issued for an invention entitled Attention Manager for
Occupying the Peripheral Attention of a Person in the Vicinity of a Display Device. The
314 patent, which is related to the 652 patent, also describes an invention that enables
information to be provided to a user in an unobtrusive manner that does not distract the user
from his primary interaction with an apparatus such as, for example, a computer or
television. Interval was assigned the 314 patent and continues to hold all rights and interest
in the 314 patent. A true and correct copy of the 314 patent is attached hereto as Exhibit 4.
50. Defendant AOL has infringed and continues to infringe at least claims 1, 3, 7,
9, 10, 12, 13, and 15 of the 314 patent under 35 U.S.C. § 271 by making, using,
distributing, and encouraging customers to use the AOL Instant Messenger and Lifestream
software and by making and using the hardware and software that operate the AOL Instant
Messenger and Lifestream system infrastructure. AOLs infringement of the 314 patent
results from substantially the same activities as its infringement of the 652 patent, described
above in ¶ 40.
21 51. Defendant Apple has infringed and continues to infringe at least claims 1, 3,
7, 9, 10, 12, 13, and 15 of the 314 patent under 35 U.S.C. § 271 by making, using, selling,
distributing, and encouraging customers to use computers containing Apple Dashboard and
the associated widgets software and by making and using the hardware and software that
operate the Apple Dashboard system infrastructure. Apples infringement of the 314 patent
results from substantially the same activities as its infringement of the 652 patent, described
above in ¶ 41.
52. Defendant Google has infringed and continues to infringe at least claims 1, 3,
7, 9, 10, 12, 13, and 15 of the 314 patent under 35 U.S.C. § 271 by making, using,
distributing, and encouraging customers to use Google Talk, and Google Talk Labs Edition
software and by making and using the hardware and software that operate the Google Talk
and Google Talk Labs Edition system infrastructure. Googles infringement of the 314
patent that relates to Google Talk and Google Talk Labs Edition results from substantially
the same activities as its infringement of the 652 patent, described above in ¶ 42.
53. Defendant Google has infringed and continues to infringe at least claims 1, 3,
7, 9, 10, 12, 13, and 15 of the 314 patent under 35 U.S.C. § 271 by making, using,
distributing, and encouraging customers to use Google Desktop and the associated gadgets
software and by making and using the hardware and software that operate the Google
Desktop infrastructure. Googles infringement of the 314 patent that relates to Google
Desktop results from substantially the same activities as its infringement of the 652 patent,
described above in ¶ 43.
54. Defendant Google has infringed and continues to infringe at least claims 1, 3,
7, 9, 10, 12, 13, and 15 of the 314 patent under 35 U.S.C. § 271 by making, using, selling,
22 distributing, and encouraging customers to use devices containing the Android Operating
System and associated software such as Text Messaging, Google Talk, Google Voice, and
Calendar, and by making and using the hardware and software that operate the Android and
Android Market infrastructure. Googles infringement of the 314 patent that relates to
Android results from substantially the same activities as its infringement of the 652 patent,
described above in ¶ 44.
55. Defendant Yahoo has infringed and continues to infringe at least claims 1, 3,
7, 9, 10, 12, 13, and 15 of the 314 patent under 35 U.S.C. § 271 by making, using,
distributing, and encouraging customers to use the Yahoo Messenger software and by
making and using the hardware and software that operate the Yahoo Messenger
infrastructure. Yahoos infringement of the 314 patent that relates to Yahoo Messenger
results from substantially the same activities as its infringement of the 652 patent, described
above in ¶ 45.
56. Defendant Yahoo has infringed and continues to infringe at least claims 1, 3,
7, 9, 10, 12, 13, and 15 of the 314 patent under 35 U.S.C. § 271 by making, using,
distributing, and encouraging customers to use Yahoo Widgets and the associated widgets
software and by making and using the hardware and software that operate the Yahoo
Widgets infrastructure. Yahoos infringement of the 314 patent that relates to Yahoo
Widgets results from substantially the same activities as its infringement of the 652 patent,
described above in ¶ 46.
57. Defendant Yahoo has infringed and continues to infringe at least claims 1, 2,
3, 4, 7, 8, 10, 11, 13, and 14 of the 314 patent under 35 U.S.C. § 271 by making, using,
selling, distributing, and encouraging customers to use Yahoo Connected TV and the
23 associated widgets software and by making and using the hardware and software that
operate the Yahoo Connected TV infrastructure. Yahoos infringement of the 314 patent
that relates to Yahoo Connected TV results from substantially the same activities as its
infringement of the 652 patent, described above in ¶ 47.
58. Defendants AOL, Apple, Google, and Yahoos acts of infringement have
caused damage to Interval, and Interval is entitled to recover from Defendants the damages
sustained by Interval as a result of Defendants wrongful acts in an amount subject to proof
at trial. Defendants infringement of Intervals exclusive rights under the 314 patent will
continue to damage Interval, causing irreparable harm for which there is no adequate
remedy at law, unless enjoined by this Court. Interval reserves the right to allege, after
discovery, that Defendants infringement is willful and deliberate, entitling Interval to
increased damages under 35 U.S.C. § 284 and to attorneys fees and costs incurred in
prosecuting this action under 35 U.S.C. § 285.
INFRINGEMENT OF U.S. PATENT NO. 6,757,682
59. On June 29, 2004, United States Patent No. 6,757,682 (the 682 patent)
was duly and legally issued for an invention entitled Alerting Users to Items of Current
Interest. The 682 patent describes a system that receives indications from users that online
content is of current interest, processes the indications, and alerts other users of the
interesting content. Interval was assigned the 682 patent and continues to hold all rights
and interest in the 682 patent. A true and correct copy of the 682 patent is attached hereto
as Exhibit 5.
60. Defendant AOL has infringed and continues to infringe one or more claims
of the 682 patent under 35 U.S.C. § 271. AOL operates the AOL Shopping website, which
24 provides product recommendations to users. The determination of which products are to be
recommended is based at least in part on other users activities, including, for example,
viewing, rating, reviewing, sharing, or buying products. For example, as demonstrated by
Exhibit 28, the AOL Shopping website alerts users of products that they might also like.
Exhibit 28 also demonstrates how users may perform activities (e.g., reviewing, rating or
purchasing products) that can be used to generate recommendations for other users. The
hardware and software associated with the AOL Shopping website that perform this function
infringe at least claims 1, 2, 3, 4, 5, 6, 7, 8, 9, 11, 12, 13, 16, 17, and 20 of the 682 patent
under 35 U.S.C. § 271.
61. Defendant Apple has infringed and continues to infringe one or more claims
of the 682 patent under 35 U.S.C. § 271. Apple operates iTunes, the App Stores, and Apple
TV, each of which provides content recommendations to users. The determination of which
content is to be recommended is based at least in part on other users activities, including,
for example, viewing, rating, reviewing, or purchasing content items. For example, as
demonstrated by Exhibit 29, iTunes alerts users of content items that Viewers Also
Bought. Exhibit 29 also demonstrates how users may perform activities (e.g., reviewing,
rating, buying, or renting content items) that can be used to generate recommendations for
other users. The hardware and software associated with iTunes, the App Stores, and Apple
TV that perform this function infringe at least claims 1, 2, 3, 4, 5, 6, 7, 8, 9, 11, 12, 13, 16,
17, and 20 of the 682 patent under 35 U.S.C. § 271.
62. Apple operates iTunes Ping, which alerts users of content and activity within
iTunes and the Ping community. The determination of which content and activity is to be
provided to the user is based at least in part on the other users activities, including, for
25 example, posting content or liking or commenting on content or activity. For example, as
demonstrated by Exhibit 30, Ping alerts users of some of the available content or activity
within the Ping community via the Recent Activity feed. Exhibit 30 also demonstrates
how users may perform activities (e.g., posting, liking, or commenting) that can be used to
determine which content and activity appears in the Recent Activity feeds of other users.
The hardware and software associated with Ping that perform this function infringe at least
claims 1, 2, 3, 4, 5, 7, 8, 9, 16, 17, and 20 of the 682 patent under 35 U.S.C. § 271.
63. Defendant eBay has infringed and continues to infringe one or more claims
of the 682 patent under 35 U.S.C. § 271. eBay operates the eBay.com and Half.com
websites, which provides product recommendations to users. The determination of which
products are to be recommended is based at least in part on other users activities, including,
for example, viewing, watching, rating, or buying products, or reviewing sellers. For
example, as demonstrated by Exhibit 31, the eBay.com website alerts users of products that
they may also be interested by putting the products in the Check out the most watched
section. Exhibit 31 also demonstrates how users may perform activities (e.g., buying or
watching items) that can be used to generate recommendations for other users. The
hardware and software associated with the eBay websites identified above and any other
eBay websites that perform this function infringe at least claims 1, 2, 3, 4, 5, 6, 7, 8, 9, 11,
12, 13, 16, 17, and 20 of the 682 patent under 35 U.S.C. § 271.
64. Defendant Facebook has infringed and continues to infringe one or more
claims of the 682 patent under 35 U.S.C. § 271. Facebook operates the Facebook.com
website, which alerts users of content and activity of other Facebook users. The
determination of which content and activity is to be provided to the user is based at least in
26 part on the other users activities including, for example, sharing content or liking or
commenting on content or activity. For example, as demonstrated by Exhibit 32, Facebook
alerts users of some of the available content via the News Feed. Exhibit 32 also
demonstrates how users may perform activities (e.g., sharing, liking, or commenting) that
can be used to determine which content and activity appears in the News Feeds of other
users. The Facebook.com website also alerts users of other users with whom they may wish
to become friends. The determination of which users to recommend is based at least in part
on the other users activities including, for example, befriending users, joining networks,
and providing profile information. The hardware and software associated with the
Facebook.com website that perform the above-described functions infringe at least claims 1,
2, 3, 4, 5, 6, 7, 8, 9, 11, 12, 13, 16, 17, and 20 of the 682 patent under 35 U.S.C. § 271.
65. Defendant Google has infringed and continues to infringe one or more claims
of the 682 patent under 35 U.S.C. § 271. Google operates multiple websites that
recommend content such as blogs, news stories, products, and articles, to users. The
determination of which content is to be recommended is based at least in part on other users
activities, including, for example, viewing, starring, sharing, or commenting on the
content. For example, as demonstrated by Exhibit 33, the Google Reader website alerts
users of online articles or blog postings that they may be interested in. Exhibit 33 also
demonstrates how users may perform activities (e.g., starring, liking, or sharing) that
can be used to generate recommendations for other users. Similar functionality is used by
many websites that are owned and operated by Google, including Google Blog Search,
Google Knol, Google News, and Google Products. Although the types of content (e.g.,
blogs, Knol articles, news articles, and products, etc.) and the types of user activities that are
27 used to generate alerts (e.g., viewing, starring, liking, etc.) may vary from website to
website, each website performs the function described above. The hardware and software
associated with the Google websites identified above and any other Google websites that
perform this function infringe at least claims 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 16, 17,
and 20 of the 682 patent under 35 U.S.C. § 271.
66. Google operates the Google Buzz system, which alerts users of content and
activity of other Google Buzz users. The determination of which content and activity is to
be provided to the user is based at least in part on the other users activities including, for
example, sharing content or liking or commenting on content or activity. For example, as
demonstrated by Exhibit 34, Google alerts users of some of the available content via the
Buzz feed. Exhibit 34 also demonstrates how users may perform activities (e.g., sharing,
liking, or commenting) that can be used to determine which content and activity appears
in the Buzz feeds of other users. The hardware and software associated with the Google
Buzz system that perform the above-described functions infringe at least claims 1, 2, 3, 4, 5,
7, 8, 16, 17, and 20 of the 682 patent under 35 U.S.C. § 271.
67. Google operates the Orkut.com website, which alerts users of other users
with whom they may wish to become friends. The determination of which users to
recommend is based at least in part on the other users activities including, for example,
befriending users, joining communities, and updating profile information. The hardware
and software associated with the Orkut.com website that perform the above-described
functions infringe at least claims 1, 2, 3, 4, 5, 7, 8, 16, 17, and 20 of the 682 patent under 35
U.S.C. § 271.
28 68. Defendant Netflix has infringed and continues to infringe one or more claims
of the 682 patent under 35 U.S.C. § 271. Netflix operates the Netflix.com website, which
provides movie and television show recommendations to users. The determination of which
media items are to be recommended is based at least in part on other users activities,
including, for example, viewing, watching, or buying products, or reviewing sellers. For
example, as demonstrated by Exhibit 35, the Netflix.com website alerts users of movies and
television shows that they may also be interested by putting the products in the Movies
You'll Love [heart symbol] section. Exhibit 35 also demonstrates how users may perform activities (e.g.,
watching, rating, or selecting not interested) that can be used to generate
recommendations for other users. The hardware and software associated with the
Netflix.com website that perform this function infringe at least claims 1, 2, 3, 4, 5, 6, 7, 8, 9,
11, 12, 13, 16, 17, and 20 of the 682 patent under 35 U.S.C. § 271.
69. Defendant Office Depot has infringed and continues to infringe one or more
claims of the 682 patent under 35 U.S.C. § 271. Office Depot operates the
OfficeDepot.com and TechDepot.com websites, which provide product recommendations to
users. The determination of which products are to be recommended is based at least in part
on other users activities, including, for example, viewing, rating, reviewing, or buying
products. For example, as demonstrated by Exhibit 36, the OfficeDepot.com website alerts
users of products that they may also be interested in. Exhibit 36 also demonstrates how
users may perform activities (e.g., reviewing or adding products to their shopping carts or
shopping lists) that can be used to generate recommendations for other users. The hardware
and software associated with the Office Depot websites identified above and any other
29 Office Depot websites that perform this function infringe at least claims 1, 2, 3, 4, 5, 6, 7, 8,
9, 11, 12, 13, 16, 17, and 20 of the 682 patent under 35 U.S.C. § 271.
70. Defendant OfficeMax has infringed and continues to infringe one or more
claims of the 682 patent under 35 U.S.C. § 271. OfficeMax operates websites such as
OfficeMax.com,3 which provides product recommendations to users. The determination of
which products are to be recommended is based at least in part on other users activities,
including, for example, viewing, rating, reviewing, or buying products. For example, as
demonstrated by Exhibit 37, the OfficeMax.com website alerts users of products that they
may also be interested in. Exhibit 37 also demonstrates how users may perform activities
(e.g., reviewing or adding products to their shopping carts or Favorites) that can be used to
generate recommendations for other users. The hardware and software associated with the
OfficeMax websites identified above and any other OfficeMax websites that perform this
function infringe at least claims 1, 2, 3, 4, 5, 6, 7, 8, 9, 11, 12, 13, 16, 17, and 20 of the 682
patent under 35 U.S.C. § 271.
71. Defendant Staples has infringed and continues to infringe one or more claims
of the 682 patent under 35 U.S.C. § 271. Staples operates websites such as Staples.com,4
which provides product recommendations to users. The determination of which products are
to be recommended is based at least in part on other users activities, including, for example,
viewing, rating, reviewing, or buying products. For example, as demonstrated by Exhibit
38, the Staples.com website alerts users of products that they may also be interested in.
30 Exhibit 38 also demonstrates how users may perform activities (e.g., reviewing or adding
products to their shopping carts or Favorites) that can be used to generate
recommendations for other users. The hardware and software associated with the Staples
websites identified above and any other Staples websites that perform this function infringe
at least claims 1, 2, 3, 4, 5, 6, 7, 8, 9, 11, 12, 13, 16, 17, and 20 of the 682 patent under 35
U.S.C. § 271.
72. Defendant Yahoo has infringed and continues to infringe one or more claims
of the 682 patent under 35 U.S.C. § 271. Yahoo operates multiple websites that
recommend content such as products, articles, blog posts, photos, and music to users. The
determination of which content is to be recommended is based at least in part on other users
activities, including, for example, viewing, sharing, rating, or commenting on the content.
For example, as demonstrated by Exhibit 39, the Yahoo Buzz website alerts users of online
articles or blog postings that they may be interested in by identifying them as Top Buzz.
Exhibit 39 also demonstrates how users may perform activities (e.g., Buzzing up or
Buzzing down) that can be used to generate recommendations for other users. Similar
functionality is used by many websites that are owned and operated by Yahoo, including
Delicious, Flickr, Yahoo Shopping, Yahoo Music, and Yahoo Answers. Although the types
of content (e.g., articles, blog posts, photos, product information, music, etc.) and the types
of user activities that are used to generate alerts (e.g., viewing, sharing, commenting, rating,
etc.) may vary from website to website, each website performs the function described above.
The hardware and software associated with the Yahoo websites identified above and any
31 other Yahoo websites that perform this function infringe at least claims 1, 2, 3, 4, 5, 6, 7, 8,
9, 10, 11, 12, 13, 16, 17, and 20 of the 682 patent under 35 U.S.C. § 271.
73. Defendant YouTube has infringed and continues to infringe one or more
claims of the 682 patent under 35 U.S.C. § 271. YouTube operates the YouTube.com
website, which provides video recommendations to users. The determination of which
videos are to be recommended is based at least in part on other users activities, including,
for example, viewing, liking, sharing, or commenting on videos. For example, as
demonstrated by Exhibit 40, the YouTube.com website alerts users of videos that they may
also be interested by putting the products in the Suggestions section. Exhibit 40 also
demonstrates how users may perform activities (e.g., liking, sharing, commenting, or
adding a video to their favorites) that can be used to generate recommendations for other
users. The hardware and software associated with the YouTube.com website that perform
this function infringe at least claims 1, 2, 3, 4, 5, 6, 7, 8, 9, 11, 12, 13, 16, 17, and 20 of the
682 patent under 35 U.S.C. § 271.
74. Defendants AOL, Apple, eBay, Facebook, Google, Netflix, Office Depot,
OfficeMax, Staples, Yahoo, and YouTubes acts of infringement have caused damage to
Interval, and Interval is entitled to recover from Defendants the damages sustained by
Interval as a result of Defendants wrongful acts in an amount subject to proof at trial.
Defendants infringement of Intervals exclusive rights under the 682 patent will continue
to damage Interval, causing irreparable harm for which there is no adequate remedy at law,
unless enjoined by this Court. Interval reserves the right to allege, after discovery, that
Defendants infringement is willful and deliberate, entitling Interval to increased damages
32 under 35 U.S.C. § 284 and to attorneys fees and costs incurred in prosecuting this action
under 35 U.S.C. § 285.
JURY DEMAND
75. Pursuant to Rule 38(b) of the Federal Rules of Civil Procedure, Interval
respectfully requests a trial by jury on all issues properly triable by jury.
PRAYER FOR RELIEF
WHEREFORE, Plaintiff Interval Licensing LLC requests entry of judgment in its
favor and against Defendants as follows:
a) Declaration that (1) Defendants AOL, Apple, eBay, Facebook, Google,
Netflix, Office Depot, OfficeMax, Staples, Yahoo, and YouTube have infringed, directly
and/or indirectly, U.S. Patent No. 6,263,507; (2) Defendants AOL, Apple, eBay, Facebook,
Google, Netflix, Office Depot, OfficeMax, Staples, Yahoo, and YouTube have infringed,
directly and/or indirectly, U.S. Patent No. 6,757,682; and (3) Defendants AOL, Apple,
Google, and Yahoo have infringed, directly and/or indirectly, U.S. Patent Nos. 6,034,652
and 6,788,314.
b) Awarding the damages arising out of (1) Defendants AOL, Apple, eBay,
Facebook, Google, Netflix, Office Depot, OfficeMax, Staples, Yahoo, and YouTubes
infringement of U.S. Patent No. 6,263,507; (2) Defendants AOL, Apple, eBay, Facebook,
Google, Netflix, Office Depot, OfficeMax, Staples, Yahoo, and YouTubes infringement of
U.S. Patent No. 6,757,682; and (3) Defendants AOL, Apple, Google, and Yahoos
infringement of U.S. Patent Nos. 6,034,652 and 6,788,314, to Interval, together with
prejudgment and post-judgment interest, in an amount according to proof;
33
c) Permanently enjoining Defendants and their respective officers, agents,
employees, and those acting in privity with them, from further infringement, including
contributory infringement and/or inducing infringement, of U.S. Patent Nos. 6,263,507,
6,034,652, 6,788,314, and 6,757,682, or in the alternative, awarding a royalty for post-judgment infringement;
d) Awarding attorneys fees pursuant to 35 U.S.C. § 285 or as otherwise
permitted by law; and
e) Awarding such other costs and further relief as the Court may deem just and
proper.
Dated: December 28, 2010
/s/ Justin A. Nelson
Justin A. Nelson
WA Bar No. 31864
[email]
Edgar Sargent
WA Bar No. 28283
[email]
Matthew R. Berry
WA Bar No. 37364
[email]
SUSMAN GODFREY L.L.P.
34 Eric J. Enger
[email]
[email]
Nathan J. Davis
[email]
35
1
OfficeMax operates a number of websites that are not open to the general public, including
maxbuyer.officemax.com, government.officemax.com, and officemaxsolutions.com. To the extent other
OfficeMax websites comprise the accused functionality, they infringe the 507 patent as well.
2
Staples operates a number of websites that are not open to the general public, including eway.com,
stapleslink.com, and staples4government.com. To the extent other Staples websites comprise the accused
functionality, they infringe the 507 patent as well.
3
OfficeMax operates a number of websites that are not open to the general public, including
maxbuyer.officemax.com, government.officemax.com, and officemaxsolutions.com. To the extent other
OfficeMax websites comprise the accused functionality, they infringe the 682 patent as well.
4
Staples operates a number of websites that are not open to the general public, including eway.com,
stapleslink.com, and staples4government.com. To the extent other Staples websites comprise the accused
functionality, they infringe the 682 patent as well.
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