IN THE UNITED STATES DISTRICT COURI FOR THE EASTERN DISTRICT OF VIRGINL

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NORFOLK DIVISION

FILED

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STRAIGHT PATH IP GROUP, INC.,
Plaintiff,

CLERK. US. DISTRICT COURT
NORFOLK. VA

Civil Action No. £J3q^\¥I
JURY TRIAL DEMANDED

SONY CORPORATION,

SONY CORPORATION OF AMERICA, SONY ELECTRONICS, INC., SONY MOBILE COMMUNICATIONS AB,

SONY MOBILE COMMUNICATIONS (USA) INC., SONY COMPUTER ENTERTAINMENT, INC.,
AND SONY COMPUTER ENTERTAINMENT
AMERICA LLC
Defendants.

COMPLAINT FOR PATENT INFRINGEMENT

1.

Plaintiff Straight Path IP Group, Inc. ("Straight Path" or "Plaintiff), for its

Complaint against Defendants Sony Corporation, Sony Corporation ofAmerica, Sony
Electronics, Inc., Sony Mobile Communications AB, Sony Mobile Communications (USA) Inc.,
Sony Computer Entertainment, Inc., and Sony Computer Entertainment America LLC
(collectively "Defendants"), hereby alleges as follows:
PARTIES

2.

Straight Path is a Delaware corporation with its principal place ofbusiness at

5300 Hickory Park Dr., Suite 218, Glen Allen, VA 23059.

3.

Sony Corporation ("Sony") is aforeign company organized and existing under the

laws ofJapan, with its principal place ofbusiness located at 1-7-1 Konan Minato-ku, Tokyo 1081

0075, Japan. Sony is in the business of, interalia, developing, manufacturing, importing and/or selling point-to-point network communications devices and products containing same. Such

devices include, but are not limited to, televisions, gaming consoles, handheld gaming devices,

computers, tablets, mobile phones, e-readers, Blu-ray players, home audio and theater systems,
internet players with Google TV, and VoIP phone systems.

4.

Sony Corporation of America ("SCA") is a wholly-owned subsidiary of Sony and

is a corporation organized and existing under the law of the State of New York, with its principal
place of business located at 550 Madison Avenue, 27th Floor, New York, NY 10022-3211.

SCA's registered agents for service of process are Corporation Service Company, 2730 Gateway Oaks Drive, Suite 100, Sacramento, CA 95833. SCA is the umbrella company under which all

Sony companies operate in the United States. SCA is in the business of developing, manufacturing, and selling consumer electronics and display devices and products containing
same. Such devices include, but are not limited to, audio, video, communications, and

information technology products for the consumer and professional markets, such as motion

picture, television, computer entertainment, home theater audio and video components; video
game consoles, and LCD, digital light processing ("DLP"), and plasma televisions.
5. Sony Electronics Inc. ("Sony Electronics"), headquartered in San Diego,

California, is the largest component of SCA, the U.S. holding company for Sony's U.S.-based
electronics and entertainment businesses. Sony Electronics is the U.S. sales and marketing arm
of Sony's global electronics business. Sony Electronics is a provider of audio/video electronics and information technology products for the consumer and professional markets. Operations

include research and development, design, engineering, sales, marketing, distribution and
customer service. Sony Electronics produces and sells a wide range of consumer products,

2-

including, but not limited to, point-to-point network communications devices and products
containing same.

6.

Sony Mobile Communications AB (formerly Sony Ericsson Mobile

Communications AB) ("Sony Mobile") is a multinational mobile phone manufacturing company headquartered in Tokyo, Japan, and a wholly owned subsidiary of Sony. It was founded on October 1,2001 and became wholly Sony-owned on February 16, 2012. Sony Mobile
Communications AB is the world's lOth-largest mobile phone manufacturer by marketshare in

the first quarter of 2012. It is the world's third-largest smartphone manufacturer by market share
in the third quarter of 2012. Sony Mobile Communications AB is in the business of, inter alia, selling point-to-point network communications devices and products containing same, such as
smartphones, wireless systems, and wireless voice devices.

7.

Sony Mobile Communications (USA) Inc. ("Sony Mobile USA") is a domestic

corporation organized under the laws of Delaware, with a principal place of business located at

7001 Development Drive, Research Triangle Park, NC 27709. Sony Mobile USA's registered
agent for service of process is Capitol Services Inc., 1675 S State St. Ste B, Dover, DE, 19901.

Sony Mobile USA manages the North American operations of Sony Mobile.

8.

Sony Computer Entertainment, Inc. ("SCE") is a foreign company organized and

existing under the laws of Japan, with its principal place of business located at 1-7-1 Konan

Minato-ku, Tokyo 108-0075, Japan. SCE is a major video game company specializing in a variety of areas in the video game industry and is a wholly-owned subsidiary of Sony. SCE
handles the production and sales of both hardware and softwareof the PlayStation and PS One

game console, PlayStation 2, PlayStation 3, and PlayStation 4 computer entertainment systems.

SCE currently has three main headquarters around the world: Minami-Aoyama, Minato, Tokyo,

Japan (Sony Computer Entertainment Japan & Sony Computer Entertainment Asia), which

control operations in Asia; Foster City, California, US (Sony Computer Entertainment America),

whichcontrols operations in North America; and London, United Kingdom (Sony Computer
Entertainment Europe), which controls operations in Europe and Oceania. SCE also has smaller offices and distribution centers in Hollywood, Los Angeles, California, US; Toronto, Ontario,
Canada; Melbourne, Australia; and Seocho-gu, Seoul, South Korea.

9.

Sony Computer Entertainment America LLC ("SCEA") is a limited liability

company with its principal place of business located at 919 East Hillsdale Boulevard, 2nd Floor,

Foster City, CA 94404. SCEA develops and markets video games consoles in the United States. SCEA is in the business of, inter alia, selling point-to-point network communications devices and products containing same, including but not limited to gaming devices such as the

PlayStation and PS one game console, PlayStation 2, PlayStation 3, and PlayStation 4 computer
entertainment systems, online and network services, such as PlayStation Network and
PlayStation Store.
NATURE OF THE ACTION

10.

This is a civil action for the infringement of United States Patent No. 6,009,469

(the '"469 Patent") (attached as Exhibit A) entitled "Graphic User Interface for Internet Telephony Application," United States Patent No. 6,108,704 (the "'704 Patent") (attached as

ExhibitB) entitled "Point-to-Point Protocol," and United States PatentNo. 6,131,121 (the '"121 Patent) (attached as ExhibitC) entitled "Point-to-Point ComputerNetwork Communication Utility Utilizing Dynamically Assigned Network Protocol Addresses" (collectively, the "Patents-

in-Suit") under the patent laws of the United States, 35 U.S.C. § 1, et seq.

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11.

This action involves Defendants' manufacture, use, sale, offer for sale, and/or

importation into the United States of infringing products, methods, processes, services and systems that are primarily used or primarily adapted for use in point-to-point network communications devices and products containing same, including, for example but without limitation, smartphone handsets, tablet computers, computers, smart TVs, Blu-ray players,
gaming devices, set-top boxes, and VoIP phone systems, that infringe one or more of the claims
of the Patents-in-Suit.

JURISDICTION AND VENUE

12.

This Court has original jurisdiction over the subject matter of this Complaint

under 28 U.S.C. §§ 1331 and 1338(a) because this action arises under the patent laws of the

United States, including 35 U.S.C. §§ 1, et seq. 13. Defendants are subject to personal jurisdiction in the Commonwealth of Virginia

because Defendants regularlytransact business in this judicial district by, among other things,

offering Defendants' products and servicesto customers, business affiliates and partners located in this judicial district. In addition, the Defendants have committed acts of direct infringement of
one or more of the claims of one or more of the Patents-in-Suit in this judicial district.
14. Venue in this district is proper under 28 U.S.C. § 1400(b) and 1391(b) and (c),

because the Defendants are subject to personal jurisdiction in this district and have committed
acts of infringement in this district.
FACTUAL BACKGROUND

15.

Plaintiff Straight Path is the lawful assignee of all right, title and interest in and to

the Patents-in-Suit.

16.

All maintenance fees for the Patents-in-Suit have been timely paid, and there are

no fees currently due.
COUNT I

(Defendants' Infringement of the '469 Patent)

17.
18.

Paragraphs 1 through 16 are incorporated by reference as if fully restated herein.
Defendants make, use, sell, offer to sell and/orimport into the United States for

subsequent sale oruse products, services, methods orprocesses that directly and/or indirectly
infringe, literally and/or under the doctrine ofequivalents, or that employ systems, components and/or processes that make use of systems orprocesses that directly and/or indirectly infringe, literally and/or under the doctrine ofequivalents, claims of the '469 Patent, including at least
Claims 1,2,3,9,10, 17 and 18.

19.

Such infringing devices include consumer electronics and display devices,

including but not limited to, certain of Defendants' point-to-point network communications

devices and products containing same, including, for example but without limitation, the Sony
XPeria ZL (which encompasses all Sony smartphones, including but not limited to model numbers XZLC6506, XTST21SS, XTST21DS, XEC1504, XEDSC1604, XMST23, XJST26,
XAST27, XUST25, XPLT22, XSLLT26, XASLT26, LT30AT, and LT28AT), as well as others

ofDefendants' smartphone handsets, tablet computers, computers, smart TVs, Blu-ray players,
gaming devices, set-top boxes, and VoIP phone systems. 20. Defendants actively, knowingly, and intentionally induced, and continue to

actively, knowingly, and intentionally induce, infringement ofthe '469 Patent by making, using, offering for sale, importing, and selling infringing consumer electronics and display devices, as well as by contracting with others to use, market, sell, offer to sell, and import infringing
consumer electronics and display devices, all with knowledge of the '469 Patent and itsclaims;

with knowledge that its customers and end users will use, market, sell, offer to sell, and import

infringing consumer electronics and display devices; and with the knowledge and the specific
intent to encourage and facilitate those infringing sales and uses of infringing consumer electronics and display devices through the creation and dissemination of promotional and
marketing materials, instructional materials, product manuals, and technical materials.

21.

Defendants have also contributed to the infringement byothers, including the end

users of infringing consumer electronics and displaydevices, and continue to contribute to

infringement by others, by selling, offering to sell, and importing the infringing consumer
electronics and display devices into the United States, knowing that those products constitute a

material part of the inventions of the '469 Patent, knowing those products to be especially made
or adapted to infringe the '469 Patent, and knowing that those products are not staple articles or
commodities of commerce suitable for substantial non-infringing use.
22. Defendants have had knowledge of and notice of the '469 Patent and its

infringement since at least, and through, the filing and service ofthis Complaint and, despite this
knowledge, continue to commit tortious conduct by way of patent infringement.
23. Defendants have been and continue to be infringing one or more of the claims of

the '469 Patent through the aforesaid acts.

24.
infringement.

Plaintiff is entitled to recover damages adequate to compensate for the

COUNT II

(Defendants' Infringement of the '704 Patent)

25.
26.

Paragraphs 1 through 24 are incorporated by reference as if fully restated herein.
Defendants make, use, sell, offer to sell and/or import into the United States for

subsequent sale oruse products, services, methods orprocesses that directly and/or indirectly

infringe, literally and/or under the doctrine ofequivalents, or that employ systems, components and/or processes that make use ofsystems or processes that directly and/or indirectly infringe,
literally and/or under the doctrine ofequivalents, claims ofthe '704 Patent, including at least
Claims 1,11,12, 19,22,23, and 30.

27.

Such infringing devices include consumer electronics and display devices,

including but not limited to, certain of Defendants' point-to-point network communications

devices and products containing same, including, for example but without limitation, the Sony
PlayStation 3 (which encompasses all versions of the Sony PlayStation 3), as well asothers of

Defendants' smartphone handsets, tablet computers, computers, smart TVs, Blu-ray players,
gaming devices, set-top boxes, and VoIP phone systems.

28.

Defendants actively, knowingly, and intentionally induced, and continue to

actively, knowingly, and intentionally induce, infringement ofthe '704 Patent by making, using,
offering for sale, importing, and selling infringing consumer electronics and display devices, as

well as by contracting with others to use, market, sell, offer to sell, and import infringing
consumer electronics and display devices, all with knowledge of the '704 Patent and its claims;

with knowledge that its customers and end users will use, market, sell, offer to sell, and import infringing consumer electronics and display devices; and with the knowledge and the specific
intent to encourage and facilitate those infringing sales and uses ofinfringing consumer
electronics and display devices through the creation and dissemination ofpromotional and
marketing materials, instructional materials, product manuals, and technical materials.

29.

Defendants have also contributed to the infringement by others, including the end

users of infringing consumer electronics and display devices, and continue to contribute to

infringement by others, by selling, offering to sell, and importing the infringing consumer

electronics and display devices into the United States, knowing that those productsconstitute a

material part of the inventions of the '704 Patent, knowing those products to be especially made or adapted to infringe the '704 Patent, and knowing that those products are not staplearticles or
commodities of commerce suitable for substantial non-infringing use.
30. Defendants have had knowledge of and notice of the '704 Patent and its

infringement since at least, and through, the filing and serviceof this Complaint and, despite this knowledge, continue to commit tortious conduct by way of patent infringement.
31. Defendants have been and continue to be infringing one or more of the claims of

the '704 Patent through the aforesaid acts.

32.
infringement.

Plaintiffis entitled to recover damages adequate to compensate for the

COUNT III

(Defendants' Infringement of the '121 Patent)

33. 34.

Paragraphs 1 through 32 are incorporated by reference as if fully restated herein. Defendants make, use, sell, offer to sell and/or import into the United States for

subsequent sale or use products, services, methods or processes that directly and/or indirectly
infringe, literally and/or under the doctrine of equivalents, or that employsystems, components

and/or processes that make use of systems or processes thatdirectly and/or indirectly infringe,
literally and/or underthe doctrine of equivalents, claims of the ' 121 Patent, including at least
Claims 6 and 13.

35.

Such infringing devices include consumer electronics and display devices,

including but not limited to, certain of Defendants' point-to-point network communications

devices and products containing same, including, for example but without limitation, the Sony
XPeria ZL (which encompasses all Sony smartphones, including but not limited to model

numbers XZLC6506, XTST21SS, XTST21DS, XEC1504, XEDSC1604, XMST23, XJST26,

XAST27, XUST25, XPLT22, XSLLT26, XASLT26, LT30AT, and LT28AT), as well as others

of Defendants' smartphone handsets, tablet computers, computers, smart TVs, Blu-ray players,
gaming devices, set-top boxes, and VoIP phone systems.

36.

Defendants actively, knowingly, and intentionally induced, and continue to

actively, knowingly, and intentionally induce, infringement of the '121 Patent by making, using, offering for sale, importing, and selling infringing consumer electronics and display devices, as well as bycontracting with others to use, market, sell, offer to sell, and import infringing
consumerelectronics and display devices, all with knowledge of the ' 121 Patent and its claims;

with knowledge that its customers and end users will use, market, sell, offer to sell, and import infringing consumer electronics and display devices; and with the knowledge and the specific
intent to encourage and facilitate those infringing sales and uses of infringing consumer
electronics and display devices through the creation and dissemination of promotional and
marketing materials, instructional materials, product manuals, and technical materials.

37.

Defendants have also contributed to the infringement by others, including the end

users of infringing consumer electronics and display devices, and continue to contributeto

infringement byothers, by selling, offering to sell, and importing the infringing consumer
electronics anddisplay devices into the United States, knowing that those products constitute a

material part of the inventions of the '121 Patent, knowing those products to beespecially made or adapted to infringe the '121 Patent, and knowing that those products are not staple articles or
commodities of commerce suitable for substantial non-infringing use.

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38.

Defendants have had knowledge of and notice of the ' 121 Patent and its

infringement since at least, and through, the filing and service of this Complaint and, despite this
knowledge, continue to commit tortious conduct by way of patent infringement.
39. Defendants have been and continues to be infringing one or more of the claims of

the ' 121 Patent through the aforesaid acts.

40.
infringement.

Plaintiff is entitled to recover damages adequate to compensate for the

PRAYER FOR RELIEF

WHEREFORE, Straight Path IP Group, Inc., respectfully requests the following relief:
a) A judgment that Defendants have infringed the '469 Patent;

b)
c)

A judgment that Defendants have infringed the '704 Patent;
A judgment that Defendants have infringed the ' 121 Patent; and

d)

A judgment that awards Straight Path all appropriate damages under 35 U.S.C. § 284 for the Defendants' past infringement, and any continuing or future
infringement of the Patents-in-Suit, 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 Straight Path for Defendants'
infringement, an adjudication;

i.

that this case is exceptional within the meaning of 35 U.S.C. § 285;

ii.

that Straight Path be awarded the attorneys' fees, costs, and expenses it incurs
in prosecuting this action; and

iii.

that Straight Path be awarded such further relief at law or in equity as the
Court deems just and proper.

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DEMAND FOR JURY TRIAL

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

DATED: August 1,2013

Respectfully submitted,

Gregory N. Stillman (VSB #14308) Brent L. VanNorman (VSB #45956)
HUNTON & WILLIAMS LLP

500 East Main Street, Suite 1000 Norfolk, VA 23510

Telephone: (757) 640-5300 Facsimile: (757) 625-7720 gstillman@hunton.com bvannorman@hunton.com
OF COUNSEL:

Michael T. Renaud - LEAD ATTORNEY
James M. Wodarski

Michael J. McNamara Michael C. Newman Sandra J. Badin

Dominik R. Rabiej
Robert J. L. Moore

MINTZ, LEVIN, COHN, FERRIS, GLOVSKY & POPEO P.C.
One Financial Center

Boston, MA 02111

(617) 542-6000

mtrenaud@mintz.com jwodarski@mintz.com mmcnamara@mintz.com mcnewman@mintz.com sjbadin@mintz.com drrabiej@mintz.com rjmoore@mintz.com

Counselfor Plaintiff Straight Path IP Group, Inc.

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