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Motorola Sues TiVo

Motorola Sues TiVo

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Published by davezatz
Motorola Sues TiVo On Behalf Of Verizon
Motorola Sues TiVo On Behalf Of Verizon

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Published by: davezatz on Feb 26, 2011
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02/26/2011

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IN THE UNITED STATES DISTRICT COURTFOR THE EASTERN DISTRICT OF TEXASTEXARKANA DIVISION
   MOTOROLA MOBILITY, INC. andGENERAL INSTRUMENT CORPORATION Plaintiffs, vs. TIVO INC., Defendant.    Civil Action No. _____________
 
    JURY TRIAL DEMANDED 
COMPLAINT FOR PATENT INFRINGEMENTAND DECLARATORY JUDGMENT 
Plaintiffs Motorola Mobility, Inc. (“Motorola Mobility”) and General InstrumentCorporation (“General Instrument”) (collectively “Plaintiffs”) file this Complaint For PatentInfringement and Declaratory Judgment against Defendant TiVo Inc. (“TiVo”), and in support of their Complaint allege as follows:
INTRODUCTION
1.
 
General Instrument, a subsidiary of Motorola Mobility, owns multiple patents thatdisclose and claim fundamental inventions related to digital video recorders (“DVRs”), whichare now ubiquitous in American households.  These fundamental DVR patents include patentsfor inventions from the mid 1990s by a group of former General Instrument engineers who wenton to found Imedia Corporation (“Imedia”).  General Instrument subsequently acquired all of theassets of Imedia, including the Imedia DVR patents.  Among the patents the Imedia engineerswere awarded for their inventions are United States Patent Nos. 5,949,948 (“the ’948 Patent”);
Case 5:11-cv-00053-DF  -CMC   Document 1    Filed 02/25/11   Page 1 of 17
 
 26,304,714 (“the ’714 Patent”); and 6,356,708 (“the ’708 Patent”) (collectively “the ImediaPatents”).2.
 
The Imedia Patents were filed with the Patent Office beginning in April 1995.More than two years later, TiVo was founded and began to develop a DVR product.  In July1998, more than three years after the Imedia Patents were first filed with the Patent Office, TiVofiled a patent application for what it dubbed a “Multimedia Time Warping System.”  From that1998 application, TiVo obtained United States Patent Nos. 6,233,389 (“the ’389 Patent”) and7,529,465 (“the ’465 Patent) (collectively “the TiVo Patents”), among others.  The TiVo Patentsdisclose and claim the same technology the Imedia engineers invented years before.3.
 
TiVo currently is seeking to enforce its patents in this Court against MotorolaMobility customer Verizon Communications, Inc. (“Verizon”).  In
TiVo Inc. v. Verizon Comms.,Inc., et al.
, 2:09-cv-257-DF (E.D. Tex.) (the “Verizon Lawsuit”), TiVo has accused various QIPset-top boxes of infringing certain claims of the TiVo Patents.  Motorola Mobility and GeneralInstrument supply the accused QIP set-top boxes to Verizon.4.
 
Therefore, Plaintiffs now bring this action to:  (1) seek all available remedies forTiVo’s willful infringement of the Imedia Patents; (2) obtain a declaratory judgment that theclaims of the TiVo Patents are anticipated and/or rendered obvious by the Imedia Patents andImedia inventions, thus rendering the TiVo Patents invalid; and (3) obtain a declaratoryjudgment that the accused QIP set-top boxes do not infringe, directly or indirectly, literally orunder the doctrine of equivalents, claims 31 and 61 of the ’389 Patent or any claim of the ’465Patent.
Case 5:11-cv-00053-DF  -CMC   Document 1    Filed 02/25/11   Page 2 of 17
 
 3
THE PARTIES
5.
 
Motorola Mobility is a corporation organized and existing under the laws of theState of Delaware, having a principal place of business at 600 North U.S. Highway 45,Libertyville, Illinois 60048.6.
 
General Instrument is a corporation organized and existing under the laws of theState of Delaware, having a principal place of business at 101 Tournament Drive, Horsham,Pennsylvania 19044.  General Instrument is a wholly-owned subsidiary of Motorola Mobility.General Instrument designs and supplies the QIP set-top boxes that Motorola Mobility sells andsupplies to Verizon.7.
 
On information and belief, Defendant TiVo is a corporation organized andexisting under the laws of Delaware with a principal place of business at 2160 Gold Street,Alviso, California 95002.  TiVo can be served with process through its registered agent forservice, Corporation Service Company, d/b/a CSC Lawyers Incorporated, 211 E. 7th Street,Suite 620, Austin, Texas 78701.
JURISDICTION AND VENUE
8.
 
The Court has subject matter jurisdiction over this action pursuant to 28 U.S.C.§§ 1331 and 1338(a) because this action involves a claim arising under the patent laws of theUnited States, 35 U.S.C. § 1,
et seq.,
and under the Federal Declaratory Judgment Act, 28 U.S.C.§§ 2201 and 2202.9.
 
Personal jurisdiction and venue are proper in this Court pursuant to 28 U.S.C.§§ 1391, 1391 and/or 1400, because TiVo resides in this state and district and does business inthis state and district, has committed acts of infringement in this district, and has availed itself of this forum by repeatedly commencing litigation in this district on the TiVo Patents.
Case 5:11-cv-00053-DF  -CMC   Document 1    Filed 02/25/11   Page 3 of 17

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