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Case 9:05-cv-80665-DTKH Document 1 Entered on FLSD Docket 07/26/2005 Page 1 of 27

UNITED STATES DISTRICT COURT


SOUTHERN DISTRICT OF FLORID A
Case No .
NISSIM CORP .,

U 5-8066 5

Plaintiff,
V.

CLEARPLAY, INC . ,
ISP SERVICES LLC D/B/A MAX .COM,
MATTHEW JARMAN ,
LEE JARMAN,
WILLIAM AHO, AND
FRED NINOW ,
Defendants .

COMPLAINT
Plaintiff Nissim Corp ., by and through its undersigned counsel , hereby sues Defendant s
ClearPlay, Inc ., ISP Services LLC, Matthew Jarman , Lee Jarman , William Aho, and Fred
Ninow, and for its Complaint alleges as follows:
THE PARTIE S
1 . Plaintiff Nissim Corp. ("Nissim ") is a corporation organized and existing under
the laws of the state of Florida with its principal place of business in Boca Raton , Florida .
2 . Defendant ClearPlay, Inc . ("ClearPlay") is a corporation organized and existing
under the laws of the state of Delaware with its principal place of business in Salt Lake City,
Utah .
3 . Defendant ISP Se rv ices LLC is a limited liability company organized under th e
laws of the State of Utah and with its principal place of business in Salt Lake City, Utah.

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4. Defendant Matthew Jarman is an individual residing in Salt Lake City . Utah .
5 . Defendant Lee Jarman is an individual residing in Salt Lake City, Utah .
6 . Defendant William Aho is an individual residing in Salt Lake City, Utah .
7. Defendant Fred Ninow is an individual residing in Salt Lake City, Utah .
JURISDICTION AND VENU E
8 . This Court has federal question jurisdiction of this action under 28 U .S.C .
1331 and 1338(a) because Nissim seeks relief under the Patent Act, including remedies for
patent infringement of several United States Patents owned by Nissim .
9. Defendants are subject to personal jurisdiction in this state under Florida Statutes
48 .193 because they have transacted business in this state, contracted to supply services or
products in this state, and/or caused tortious injury in this state .
10. Venue is proper pursuant to 28 U .S.C. 1391 and 1400(b) because a substantial
part of the events giving rise to these claims occurred in this judicial district, because Nissim has
suffered injury in this district, because all Defendants reside in this district under the patent
venue statute and because all Defendants have committed acts of patent infringement in this
district.
FACTUAL BACKGROUN D
11 . Plaintiff Nissim is the owner of an extraordinarily valuable portfolio of 20 related
United States Patents and a number of pending patent applications (collectively the "Nissim
Patents") . The Nissim Patents cover, among other things, multiple features that are required by
certain industry adopted specifications (DVD Specifications for Read Only Disc Part 3 Vide o

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Specifications, Version 1 . 1, December 1997 - hereinafter the "DVD Specifications") and that are
incorporated in all consumer electronic products ("DVD-Devices") capable of playing digital
video discs ("DVDs") .
12. Virtually every company that sells DVD-Devices in the United States has taken a
DVD-Device License from Nissim under the Nissim Patents and pays Nissim running royalties
for sales of DVD-Devices . In fact, all of the very same companies that own the DVDSpecifications and which sell DVD-Devices (Hitachi, Ltd ., Matsushita Electric Industrial Co .,
Mitsubishi Electric Corporation, Philips Electronics N .V ., Pioneer Corporation, Sony
Corporation, Thomson Multimedia S .A ., Toshiba Corporation, and Victor Company of Japan .
Limited) have taken a DVD-Device License from Nissim under the Nissim Patents and pay
Nissim running royalties for sales of those DVD-Devices .
13 . In addition to the foregoing companies, Nissim's complete list of licensees,
currently totaling approximately ninety (90) companies, also includes, by way of example : Dell
Products, L .P ., Funai Electric Company, Gateway, Inc ., Hewlett-Packard Company, International
Business Machines Corporation, Samsung Electronics Co . Ltd., and Sharp Corporation .
14. To enable a DVD-Device to play different versions of a video, DVDs can include
certain segment information . For example, the DVD of the motion picture "Crash," released by
New Line Home Video, includes segment information that enables a DVD-Device to play an
"NC-17 Rated" version or an "R Rated" version of the motion picture using substantially the
same video segments . When playing the R Rated version, the segment information enables th e

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DVD-Device to skip video segments of, for example, more sexually graphic content than that
contained on the NC- 17 Rated version .
15 . The DVD-Specifications provide for the use of segment information carried by a
DVD to enable a DVD-Device to play, from within the same DVD, more than one version of a
video. This capability of the DVD-Specifications incorporated into all DVD-Devices is covered
by the Nissim Patents .
16 . The Nissim Patents also teach the distribution of segment information separate
from the DVD . Thus, Nissim recognized a separate business opportunity in providing segment
information external to a DVD that would enable a specially adapted DVD-Device to play a
version of a DVD that was not enabled by the segment information carried by the DVD . For
example, in the case of the "Crash" DVD, such a DVD-Device would use segment information
provided separate from the DVD to play a "customized" version of the DVD that excluded
scenes of violence or other objectionable content that would have been included in both the NC17 and R Rated versions .
17 . In July 2005, Defendants ClearPlay, Inc . and ISP Services LLC d/b/a Max .com
launched nationally a new DVD player called the ClearPlay enabled MaxPlay DVD Modem
Player . A true and correct copy of the ClearPlay website offering this product for sale is attached
hereto as Exhibit A . A true and correct copy of the ISP Services website offering this product
for sale is attached hereto as Exhibit B
18 . The ClearPlay enabled MaxPlay DVD Modem Player RCA Player and the
associated distribution of ClearPlay Filters, distributed with the ClearPlayer enabled MaxPla y
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DVD Modem Player and separately by ClearPlay and ISP Services LLC, are a willful
infringement of the Nissim Patents .
19 . With full knowledge of the Nissim Patents, Matthew Jarman, Lee Jarman and
William Aho supervised, directed, participated in and/or approved the infringing acts of
ClearPlay .
20 . With full knowledge of the Nissim Patents, Fred Ninow supervised, directed,
participated in and/or approved the infringing acts of ISP Services LLC .
COUNT I - PATENT INFRINGEMENT
(AGAINST ALL DEFENDANTS )
21 . Nissim repeats and realleges each and all of the allegations contained in
paragraphs I through 20 above as though fully set forth herein .
22 . Part of the portfolio of Nissim Patents, United States Patent 6,067,401 ("the '401
patent"), entitled "Playing A Version Of And From Within A Video By Means Of Downloaded
Segment Information," was duly and lawfully issued on May 23, 2000 by the United States
Patent and Trademark Office . The `401 patent issued from an application filed with the United
States Patent and Trademark Office on December 11, 1997, claims priority from a parent
application which was originally filed on January 11, 1993 and which issued as United States
Patent 5,434,678, and which is now, and has been at all times since its date of issue, valid and
enforceable .
23 . ClearPlay sells, uses, and offers to sell, within the United States, the ClearPlav
enabled MaxPlay DVD Modem Player ; and makes, uses, offers to sell and/or sells ClearPla y

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Filters, and related technologies that directly infringe, literally or under the doctrine of
equivalents, and/or indirectly infringe, one or more claims of the `401 patent .
24 . Matthew Jarman, Lee Jarman and William Aho have actively aided and abetted
the infringement by ClearPlay by supervising, directing, participating in and/or approving
ClearPlay's infringing activity .

25 . ISP Services LLC makes, uses, sells, and offers to sell, within the United States,
the ClearPlay enabled MaxPlay DVD Modem Player ; and uses, offers to sell and/or sells
ClearPlay Filters, and related technologies that directly infringe, literally or under the doctrine of
equivalents, and/or indirectly infringe, one or more claims of the `401 patent .
26 . Fred Ninow has actively aided and abetted the infringement by ISP Services LLC
by supervising, directing, participating in and/or approving ISP Services LLC's infringing
activity .

27. Defendants' acts of infringement have been willful and with full knowledge and
in conscious disregard of Nissim's rights under the `401 patent .
28 . Defendants will continue to infringe in the future unless enjoined by the Court .
29. Nissim has been damaged by Defendants' infringement of the '401 patent in an
amount to be proven at trial .
COUNT II - PATENT INFRINGEMENT
(AGAINST ALL DEFENDANTS )
30. Nissim repeats and realleges each and all of the allegations contained in
paragraphs 1 through 20 above as though fully set forth herein .

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31 . Part of the portfolio of Nissim Patents, United States Patent 5,724,472 ("the '47 2
patent"), entitled "Content Map For Seamlessly Skipping A Retrieval Of A Segment Of A
Video," was duly and lawfully issued on March 3, 1998 by the United States Patent and
Trademark Office . The `472 patent issued from an application filed with the United States
Patent and Trademark Office on May 1, 1995, claims priority from a parent application which
was originally filed on February 7, 1992 and which issued as United States Patent 6,208,805, and
which is now, and has been at all times since its date of issue, valid and enforceable .
32 . ClearPlay sells, uses, and offers to sell, within the United States, the ClearPlay
enabled MaxPlay DVD Modem Player ; and makes, uses, offers to sell and/or sells ClearPlay
Filters, and related technologies that directly infringe, literally or under the doctrine of
equivalents, and/or indirectly infringe, one or more claims of the `472 patent .
33 . Matthew Jarman, Lee Jarman and William Aho have actively aided and abetted
the infringement by ClearPlay by supervising, directing, participating in and/or approving
ClearPlay's infringing activity .
34. ISP Services LLC makes, uses, sells, and offers to sell, within the United States,
the ClearPlay enabled MaxPlay DVD Modem Player ; and uses, offers to sell and/or sells
ClearPlay Filters, and related technologies that directly infringe, literally or under the doctrine of
equivalents, and/or indirectly infringe, one or more claims of the `472 patent .
35 . Fred Ninow has actively aided and abetted the infringement by ISP Services LLC
by supervising, directing, participating in and/or approving ISP Services LLC's infringing
activity .

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36. Defendants' acts of infringement have been willful and with full knowledge and
in conscious disregard of Nissim's rights under the '472 patent .
37. Defendants will continue to infringe in the future unless enjoined by the Court .
38. Nissim has been damaged by Defendants' infringement of the `472 patent in an
amount to be proven at trial .
COUNT III - PATENT INFRINGEMENT
(AGAINST ALL DEFENDANTS )
39. Nissim repeats and realleges each and all of the allegations contained in
paragraphs 1 through 20 above as though fully set forth herein .
40. Part of the portfolio of Nissim Patents, United States Patent 5,434,678 ("the '678
patent"), entitled "Seamless Transmission Of Non-Sequential Video Segments," was duly and
lawfully issued on July 18, 1995 by the United States Patent and Trademark Office . The '678
patent issued from an application filed with the United States Patent and Trademark Office on
January 11, 1993, and is now, and has been at all times since its date of issue, valid and
enforceable .
41 . ClearPlay sells, uses, and offers to sell, within the United States, the ClearPlay
enabled MaxPlay DVD Modem Player ; and makes, uses, offers to sell and/or sells ClearPlay
Filters, and related technologies that directly infringe, literally or under the doctrine of
equivalents, and/or indirectly infringe, one or more claims of the '678 patent .
42. Matthew Jarman, Lee Jarman and William Aho have actively aided and abetted
the infringement by ClearPlay by supervising, directing, participating in and/or approving
ClearPlay's infringing activity .

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43 . ISP Services LLC makes, uses, sells, and offers to sell, within the United States ,
the ClearPlay enabled MaxPlay DVD Modern Player ; and uses, offers to sell and/or sells
ClearPlay Filters, and related technologies that directly infringe, literally or under the doctrine of
equivalents, and/or indirectly infringe, one or more claims of the `678 patent .
44 . Fred Ninow has actively aided and abetted the infringement by ISP Services LLC
by supervising, directing, participating in and/or approving ISP Services LLC's infringing
activity .

45 . Defendants' acts of infringement have been willful and with full knowledge and
in conscious disregard of Nissim's rights under the `678 patent .
46 . Defendants will continue to infringe in the future unless enjoined by the Court .
47 . Nissim has been damaged by Defendants' infringement of the `678 patent in an
amount to be proven at trial .
COUNT IV - PATENT INFRINGEMENT
(AGAINST ALL DEFENDANTS )
48 . Nissim repeats and realleges each and all of the allegations contained in
paragraphs I through 20 above as though fully set forth herein .
49 . Part of the portfolio of Nissim Patents, United States Patent 5,589,945 ("the '945
patent"), entitled "Computer-Themed Playing System," was duly and lawfully issued on
December 31, 1996 by the United States Patent and Trademark Office . The '945 patent issued
from an application filed with the United States Patent and Trademark Office on September 13 .
1994, which claims priority from a parent application originally filed on January 11 . 1993 an d

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which issued as United States Patent 5 ,434,678, and which is now, and has been at all times
since its date of issue, valid and enforceable .
50. ClearPlay sells, uses, and offers to sell , within the United States , the ClearPlay
enabled MaxPlay DVD Modem Player ; and makes, uses, offers to sell and /or sells ClearPlay
Filters, and related technologies that directly infringe , literally or under the doctrine of
equivalents, and/or indirectly infringe , one or more claims of the ` 945 patent .
51 . Matthew Jarman, Lee Jarman and William Aho have actively aided and abetted
the infringement by ClearPlay by supe rvising , directing, participating in and /or approving
ClearPlay's infringing activity .
52 . ISP Se rvices LLC makes, uses, sells, and offers to sell, within the United States,
the ClearPlay enabled MaxPlay DVD Modem Player ; and uses, offers to sell and/or sells
ClearPlay Filters, and related technologies that directly infringe, literally or under the doctrine of
equivalents , and/or indirectly infringe, one or more claims of the ' 945 patent .
53 . Fred Ninow has actively aided and abetted the infringement by ISP Services LLC
by supe rv ising , directing , participating in and /or approving ISP Se rv ices LLC's infringing
activity .

54 . Defendants ' acts of infringement have been willful and with full knowledge and
in conscious disregard of Nissim ' s rights under the '945 patent .
55 . Defendants will continue to infringe in the future unless enjoined by the Court .
56 . Nissim has been damaged by Defendants ' infringement of the '945 patent in an
amount to be proven at trial .

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COUNT V - PATENT INFRINGEMENT
(AGAINST ALL DEFENDANTS )
57. Nissim repeats and realleges each and all of the allegations contained in
paragraphs 1 through 20 above as though fully set forth herein .
58 . Part of the portfolio of Nissim Patents, United States Patent 5,913,013 ("the '013
patent"), entitled "Seamless Transmission of Non-Sequential Video Segments," was duly and
lawfully issued on June 15, 1999 by the United States Patent and Trademark Office . The '013
patent issued from an application filed with the United States Patent and Trademark Office on
December 15, 1997, which claims priority from a parent application originally filed on January
11, 1993 and which issued as United States Patent 5,434,678, and which is now, and has been at
all times since its date of issue, valid and enforceable.
59 . ClearPlay sells, uses, and offers to sell, within the United States, the ClearPlay
enabled MaxPlay DVD Modem Player ; and makes, uses, offers to sell and/or sells ClearPlay
Filters, and related technologies that directly infringe, literally or under the doctrine of
equivalents, and/or indirectly infringe, one or more claims of the `013 patent .
60. Matthew Jarman, Lee Jarman and William Aho have actively aided and abetted
the infringement by ClearPlay by supervising, directing, participating in and/or approving
ClearPlay's infringing activity .

61 . ISP Services LLC makes, uses, sells, and offers to sell, within the United States,
the ClearPlay enabled MaxPlay DVD Modem Player ; and uses, offers to sell and/or sells
ClearPlay Filters, and related technologies that directly infringe, literally or under the doctrine of
equivalents, and/or indirectly infringe, one or more claims of the `013 patent .
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62 . Fred Ninow has actively aided and abetted the infringement by ISP Services LL C
by supervising, directing, participating in and/or approving ISP Services LLC's infringing
activity .

63 . Defendants' acts of infringement have been willful and with full knowledge and
in conscious disregard of Nissim's rights under the `013 patent .
64 . Defendants will continue to infringe in the future unless enjoined by the Court .
65 . Nissim has been damaged by Defendants' infringement of the `013 patent in an
amount to be proven at trial .
COUNT VI - PATENT INFRINGEMENT
(AGAINST ALL DEFENDANTS )
66. Nissim repeats and realleges each and all of the allegations contained in
paragraphs 1 through 20 above as though fully set forth herein .
67. Part of the portfolio of Nissim Patents, United States Patent 6,151,444 ("the '444
patent"), entitled "Motion Picture Including a Duplication of Frames," was duly and lawfully
issued on November 21, 2000 by the United States Patent and Trademark Office . The '444
patent issued from an application filed with the United States Patent and Trademark Office on
June 30, 1998, which claims priority from a parent application originally filed on January 11,
1993 and which issued as United States Patent 5,434,678, and which is now, and has been at all
times since its date of issue, valid and enforceable .

68 . ClearPlay sells, uses, and offers to sell, within the United States, the ClearPlay
enabled MaxPlay DVD Modem Player ; and makes, uses, offers to sell and/or sells ClearPla y

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Filters, and related technologies that directly infringe , literally or under the doctrine of
equivalents, and/or indirectly infringe, one or more claims of the '444 patent .
69 . Matthew Jarman, Lee Jarman and William Aho have actively aided and abetted
the infringement by ClearPlay by supe rv ising , directing, pa rticipating in and/ or approving
ClearPlay's infringing activity .
70 . ISP Services LLC makes, uses, sells, and offers to sell, within the United States .
the ClearPlay enabled MaxPlay DVD Modern Player ; and uses, offers to sell and/or sells
ClearPlay Filters, and related technologies that directly infringe, literally or under the doctrine of
equivalents, and/or indirectly infringe, one or more claims of the ` 444 patent .
71 . Fred Ninow has actively aided and abetted the infringement by ISP Services LLC
by superv ising , directing, pa rticipating in and/or approving ISP Se rv ices LLC's infringing
activity .

72. Defendants' acts of infringement have been willful and with full knowledge and
in conscious disregard of Nissim 's rights under the `444 patent .
73 . Defendants will continue to infringe in the future unless enjoined by the Court .
74 . Nissim has been damaged by Defendants ' infringement of the '444 patent in an
amount to be proven at trial .
COUNT VII - PATENT INFRINGEMENT
(AGAINST ALL DEFENDANTS )
75. Nissim repeats and realleges each and all of the allegations contained in
paragraphs I through 20 above as though fully set forth herein .

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76 . Part of the portfolio of Nissim Patents, United States Patent 6,463,207 ("the '20 7
patent"), entitled "Playing a Variable-Content Video Having a User Interface," was duly and
lawfully issued on October 8, 2002 by the United States Patent and Trademark Office . The '207
patent issued from an application filed with the United States Patent and Trademark Office on
December 12, 1997, which claims priority from a parent application originally filed on February
7, 1992 and which issued as United States Patent 6,208,805, and which is now, and has been at
all times since its date of issue, valid and enforceable .
77 . ClearPlay sells, uses, and offers to sell, within the United States, the ClearPlay
enabled MaxPlay DVD Modem Player ; and makes, uses, offers to sell and/or sells ClearPlay
Filters, and related technologies that directly infringe, literally or under the doctrine of
equivalents, and/or indirectly infringe, one or more claims of the `207 patent .
78. Matthew Jarman, Lee Jarman and William Aho have actively aided and abetted
the infringement by ClearPlay by supervising, directing, participating in and/or approving
ClearPlay's infringing activity .
79. ISP Services LLC makes, uses, sells, and offers to sell, within the United States,
the ClearPlay enabled MaxPlay DVD Modem Player ; and uses, offers to sell and/or sells
ClearPlay Filters, and related technologies that directly infringe, literally or under the doctrine of
equivalents, and/or indirectly infringe, one or more claims of the `207 patent .

80 . Fred Ninow has actively aided and abetted the infringement by ISP Services LLC
by supervising, directing, participating in and/or approving ISP Services LLC's infringing
activity .
14

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Case 9:05-cv-80665-DTKH Document 1 Entered on FLSD Docket 07/26/2005 Page 15 of 27

Case No. 04-211 40-Civ-Huck/Turnoff


81 . Defendants' acts of infringement have been willful and with full knowledge and
in conscious disregard of Nissim's rights under the `207 patent .
82 . Defendants will continue to infringe in the future unless enjoined by the Court .
83 . Nissim has been damaged by Defendants' infringement of the '207 patent in an
amount to be proven at trial .
COUNT VIII - PATENT INFRINGEMENT
(AGAINST ALL DEFENDANTS )
84 . Nissim repeats and realleges each and all of the allegations contained in
paragraphs 1 through 20 above as though fully set forth herein .
85 . Part of the portfolio of Nissim Patents, United States Patent 6,208,805 ("the '805
patent"), entitled "Inhibiting a Control Function from Interfering with a Playing of a Video," was
duly and lawfully issued on March 27, 2001 by the United States Patent and Trademark Office .
The `805 patent claims priority from a parent application originally filed on February 7, 1992
and which issued as United States Patent 6,208,805, and is now, and has been at all times since
its date of issue, valid and enforceable .
86 . ClearPlay sells, uses, and offers to sell, within the United States, the ClearPlay
enabled MaxPlay DVD Modern Player ; and makes, uses, offers to sell and/or sells ClearPlay
Filters, and related technologies that directly infringe, literally or under the doctrine of
equivalents, and/or indirectly infringe, one or more claims of the '805 patent .
87 . Matthew Jarman, Lee Jarman and William Aho have actively aided and abetted
the infringement by ClearPlay by supervising, directing, participating in and/or approving
ClearPlay's infringing activity .

15

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Case 9:05-cv-80665-DTKH Document 1 Entered on FLSD Docket 07/26/2005 Page 16 of 27

Case No. 04-2 1 1 40-Civ-Huck/Turnoff


88 . ISP Services LLC makes, uses, sells, and offers to sell, within the United States ,
the ClearPlay enabled MaxPlay DVD Modem Player ; and uses, offers to sell and/or sells
ClearPlay Filters, and related technologies that directly infringe, literally or under the doctrine of
equivalents, and/or indirectly infringe, one or more claims of the `207 patent .
89 . Fred Ninow has actively aided and abetted the infringement by ISP Services LLC
by supervising, directing, participating in and/or approving ISP Services LLC's infringing
activity .

90 . Defendants' acts of infringement have been willful and with full knowledge and
in conscious disregard of Nissim's rights under the `805 patent .
91 . Defendants will continue to infringe in the future unless enjoined by the Court .
92 . Nissim has been damaged by Defendants' infringement of the *805 patent in an
amount to be proven at trial .
PRAYER FOR RELIEF
WHEREFORE, Plaintiff Nissim Corp. prays :
A. That the Court find ClearPlay and ISP Services LLC liable for direct infringement
of the `401, '472, `678, `945, `013, `444, `207 and '805 patents, either literally or under the
doctrine of equivalents, and/or for indirect infringement .
B . That the Court find Matthew Jarman, Lee Jarman, William Aho and Fred Ninow
liable for inducing infringement of the `401, `472, '678, `945, '013, '444, '207 and '805 patents .
C . That Defendants, and all of ClearPlay's and ISP Services LLC's officers .

directors, agents, servants, employees, successors, and assigns, and all persons acting in concert
16

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Case 9:05-cv-80665-DTKH Document 1 Entered on FLSD Docket 07/26/2005 Page 17 of 27

Case No. 04-21140-C iv-Huck/Turnoff


or in active participation with them, be preliminarily and permanently enjoined and restrained
from making, using, importing, exporting, distributing, selling and/or offering to sell in or from
the United States the ClearPlay enabled MaxPlay DVD Modem Player and associated ClearPlay
Filters, or any other goods or services that infringe the `401, '472, '678, `945, `013, '444, '207
and/or `805 patents ; that Defendants be ordered to deliver up for destruction all ClearPlay
enabled MaxPlay DVD Modem Players and associated ClearPlay Filters, imported into,
produced in, or exported from, the Unites States and any other goods that infringe the '401, '472,
'678, `945, `013, `444, '207 and/or `805 patents ; and that Defendants be directed to file with this
Court and serve upon Plaintiff a written report under oath setting forth in detail the manner in
which Defendants have complied with the injunction .
D. That the Court award Nissim compensatory damages due to Defendants'
infringement of the '401, '472, '678, `945, `013, `444, `207 and/or `805 patents and that the
Court find this case exceptional within the meaning of 35 U.S .C . 285 based on the willful
nature of Defendants' infringement, and that the Court enter judgment three (3) times such
compensatory amounts pursuant to 35 U .S .C . 284 .
E . That the Court award Nissim its reasonable attorneys' fees incurred in this action
pursuant to 35 U .S.C. 285 and Florida Statutes 688 .005 .
F . That the Court award Nissim its taxable costs, disbursements, and pre-judgment
and post judgment interest .

G . For such other and further relief as the Court deems just and proper .

17

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Case 9:05-cv-80665-DTKH Document 1 Entered on FLSD Docket 07/26/2005 Page 18 of 27

Case No . 04-21140-Civ-Huck/Turnof f
JURY DEMAN D
Plaintiff Nissim Corp . demands trial by jury on all issues so triable .

Dated : July 25, 2005

Respectfully submitted ,

hn C. Care y
orida Bar No . 007837 9
TROOCK & STROOCK & LAVAN LL P
3160 Wachovia Financial Cente r
200 South Biscayne Boulevard
Miami, Florida 33131
Telephone : (305) 789-9358
Facsimile : (305) 789-9302
jcarey@stroock .com (email )
Counsel for Plainti f Nissinn Corp.

18

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Case 9:05-cv-80665-DTKH Document 1 Entered on FLSD Docket 07/26/2005 Page 19 of 27

EXHIBIT A

ClearPlay
Page
of 27
I
Case
9:05-cv-80665-DTKH Document 1 Entered on FLSD Docket 07/26/2005 Page
201 of

I
Login

Buy ClearPlay!
Get ClearPla y
Customer Comments
Hov. It Work s

Movie Title s
Latest Releases
Complete Lis t
Request ClearPlay
Filte r

Company Info
Support

Introducing the MaxPlay Modem Player !


This is an innovative new product that uses a modem to add
the latest ClearPlay Filters. more info
ClearPlay Filtering for YOUR Family !
ClearPlay works with over 1400 regular versions of movies
that you already rent or purchase from any video store . You
select which types of content you want filtered during
playback .

Clear)
Ice
Mil
Br i
Pr(
De
He
Pa
Co
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Jai
Mi !
2
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Hi t

on

Be
Be
Ma
Bo
Sa
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Av
In c

Enjoy the Show with Peace of Mind !


"We just recently bought a DVD player with ClearPlay
technology. It is hands-down, without-a-doubt, absolutely the
best entertainment investment we've ever made . I tell
everyone I can about it . Keep up the extraordinary work . "
-- Dan , Maryville Tennesse e

The Choice is ClearPlay! Check out testimonials from


ClearPlay users.

Home I In the News I Help I About Us I Contact Us


Affiliate Program I Advisors I Press Releases I Non-Profit Suppor t
Copyright ClearPlay 2001-2005 All Rights Reserved

http ://www.clearplay .com/

7/2 5/200 5

Page
of 27
2
ClearPlay
Case
9:05-cv-80665-DTKH Document 1 Entered on FLSD Docket 07/26/2005 Page
211 of

$0 .0 0

0 items in cart

Custo
I can't ex
this ne w

ClearPlay Players
MaxPlay Modem
Playe r

A% rd t
.ei nbern
aaa in
- Marg :

Members

Retail Price : $239 .0 0

U-,einame
Passwor d I

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)) Get :~ica1P a y
u Customer Comments
How It VJork s

Movie 'T itles


Latest Release s
e C<-,mplete List
Request ClearPlay
Filte r

Company Info
Support

This is an innovative new product that uses a modem to add the latest ClearPlay
Filters . Simply run a telephone cord from the back of the player to a jack in your
home, and you will be able to access new Filters from your ClearPlay subscription
without downloading, burning discs, etc.

ar.quc

'ds

MaxPlay DVD Player with ClearPlay features :


Preloaded with ClearPlay filters for 1000 popular movies!
Holds up to 2000 movie ClearPlay Filters in memory .
Does not physically alter the DVD's you rent or buy .
You can customize the ClearPlay settings each time you watch a movie .

MaxPlay Important features :


Progressive Scan (high performance video )
Superior Sound Quality with 192 khz/24 bit audio DA C
Plays all of your discs (DVD, CD-RW, MP3, JPEG, and WMA)
Plays recordable DVDs (DVD+RW+R, DVD-RW-R )
Includes : Remote, Composite AN Cable, Phone Cord, and Batterie s

Connecting your MaxPlay DVD video to your TV :


Composite RCA AN cables (included )
S-Video cable (not included) (you must connect the audio cable seperately to your
audio device )
Component (Y, Pb, Pr), a requirement to use Progressive Scan . (not included) (you
must connect the audio cable seperately to your audio device )
The dial up is available in the continental US and Canada .

Connecting your MaxPlay DVD audio to your Stereo :


Composite RCA AN cables for audio through your TV (included )
Digital Audio Out cable directly to your stereo system (not included )

To use the ON-DEMAND filter update system for ClearPlay filters :


Telephone cable connected from MaxPlay to your wall jack (included)
A dialtone (provided by subscribing to your local phone company)

http://www.clearplay. com/shopdetail . aspx?id=6

7/25/2005

2
ClearPlay
Page
2 Page
of
Case
9:05-cv-80665-DTKH Document 1 Entered
on FLSD Docket 07/26/2005
22 of 27

A ClearPlay Filter subscription (per filter, monthly, or annual for an additional


charge)

Home I In the News I Help I About Us I Contact Us


Affiliate Program I Advisors I Press Releases I Non-Profit Suppor t

Copyright ClearPlay 2001-2005 All Rights Reserve d

http ://www.clearplay .com /shopdetail .aspx?id=6

7/25/2005

Case 9:05-cv-80665-DTKH Document 1 Entered on FLSD Docket 07/26/2005 Page 23 of 27

EXHIBIT B

Max 9:05-cv-80665-DTKH Document 1 Entered on FLSD Docket 07/26/2005 Page


Page
of 27
2
Case
241 of

MAX
Home I Products I Demos I News I Support I Company I Contact

I t1e tuber ,

Prprc'cric i-i for your forrm i Iy fro m


cell the dangers on the Internet

"At last there's a


way to protect
what matters
most . "

MAX PLAY i'llit Now your family can watch movies free of objectionable content, with the Ma\Pla
DVD player featuring ClearPlay . MaxPlay features our exclusive ON-DEMAND fill(
update service . Receive filters for existing and new releases with the simple ' p : e
of a button . "
Learn f1or?

- Chuck Norris

Buy No w

MAX PROTECT
MaxProtect Filtering Software gives parents complete control over what comes
into their homes while using the Internet . Most high speed Internet services hav,
no protection whatsoever! MaxProtect can be added to ANY hlah speed Internet
service in minutes !

Welcome to Max
Max is committed to creating family safe
product ; for an ever changing world . It is
Max's mission to put the power back in the
hands of parents and employers to control the
content children or employees may potentially
access .

Learn More Bcy N O ;'

MAXPROFESSIONAL%-

News Headlines

Manage your employees computer resources and increase your prof-tab lit' ; 0 ;
MaxProtect PredatorGuard, as seen on the reinforcing your organization's Acceptable Use Policy while filtering, ola_k ng,
Dateline NBC story, "Dangers Children Face monitoring and reporting non-compliance .
Online ." click here to see the video .

Learn

More
Free Tria l

HOmt-

Prod , ctr, I D o mos I News I Support I

C. olnpany

I Cort .vpt

ticr-' e- r-

7003 I h i ' 1, PVICtS I IC All ivyhts i,^seivcd ii '!,'' ; I ; I1, y

http://www .max . com/site /

7/25/2005

Max 9:05-cv-80665-DTKH Document 1 Entered on FLSD Docket 07/26/2005 Page


Paige
of 27
I
Case
251 of

Home I Products J Demos I News I Support I Company I Contact Fern, e- ,

n, . -lay F- av r at .wr n

MAXPLAY~j-

.,,_i,:,-lay :I ,) rn i
Now your family can watch
movies free of objectionable
content, with the MaxPlay DVD
player featuring ClearPlay .
MaxPlay features our exclusive
ON-DEMAND Filter update
service to receive Filters for
existing and new releases with a
simple "press of a button" .

ICt C

;,Ca rli' C h1C :12 I,tie s

-itCi S~'ttiuns

P.eriuire~TU>nt s
ON-DEMAND Subscriptions

> Click here to watch our MaxPlay demo trailer

Buy Novi

MaxPlay (ClearPlay) features :


Preloaded with Clearplay Filters for 1000 popular movies'
Holds up to 2000 movie ClearPlay Filters in memory .
MaxPlay does not physically alter the DVD's you rent or buy .
Each MaxPlay Filter has been carefully and artfully tailore d
to work with each specific movie . The end result is a smooth ~ iew in a
experience .
You can customize the filtration settings each time you watch a
movie .
MaxPlay features our exclusive ON-DEMAND Filter update
service . Receive Filters for existing and new releases with thn
simple "press of a button . "
New Filters available within 48 hours of release .

MaxPlay (standard) features :


Progressive Scan (high performance video )

Superior Sound Quality with 192 khz/24 bit audio DA C


Plays all of your discs (DVD, CD-RW, MP3, JPEG, and WMA)
Plays recordable DVDs (DVD+RW+R, DVD-RW-R )
Includes : Remote, Composite A/V Cable, and batteries
30-day money-back guarantee upon receipt .

Home I Products I Demos I News I Support

Cl i?L iii

Company cc,n[ac[ ent er s

'' ,03 ISP I'll IL( . . All nylits t'tieived wicd, y Poll, y
10-11111c,11 5uppolt hclt~'.n mdc .ror n

http://www.max .com/site/niaxplay .shtml

7/25/2005

Case 9:05-cv-80665-DTKH Document 1 Entered on FLSD Docket 07/26/2005 Page 26 of 27


AO 120 ( Rev. 2/9 9

COMMISSIONER OF PATENTS & TRADEMARKS


2121 CRYSTAL DRIV E
SUITE 1100
ARLINGTON , VA 2220 1

REPORT ON THE
FILING OR DETERMINATION OF AN
ACTION REGARDING A PATENT OR
TRADEMARK

In Compliance with 35 290 and/or 1 5 U .S .C . 1 1 16 you are hereby advised that a court action has bee n

filed in the U .S . District Court


DOCKET NO .

Southern District of Florida


DATE FILED

05-80665-Civ-Hurley
PLAINTIFF
Nissim Corp .

PATENT O R
TRADEMARK NO .
1 (see attached)

Trademark s

on the hollowing X Patents or

U .S . DISTRICT COURT

July 25 2005

Southe rn District of Florida


DEFENDANT
Clearplay, Inc ., et al

DATE OF PATENT
OR TRADEMARK

HOLDER OF PATENT OR TRADEMARK

(see attached )

( see attached )

2
3
4
5

In the above-entitled case, the Billowing patent(s) have been included :


INCLUDED B Y

DATE INCLUDED

Amendment
PATENT O R
TRADEMARK NO .

Answer

DATE OF PATEN T
OR TRADEMARK

Cross Bill

Other Plead in g

HOLDER OF PATENT OR TRADEMAR K

1
2
3
4
5

In the above-entitled case, the tullowing decision has been rendered or judgement issued :
DECISION/JUDGEMEN T

(BY) DEPUTY CLERK

CLERK
CLARENCE MADDOX

Warren Condon

DATE
7 .'26 0 5

Copy 1-Upon initiation of action , mail this copy to Commissioner


Copy 3-Upon termination of action , mail this copy to Commissioner
Copy 2-Upon filing document adding patent ( s), mail this copy to Commissioner
Copy 4-Case file copy

JS 44

Case
( Rev . 12/96)

9:05-cv-80665-DTKH Document 1 Entered on FLSD Docket 07/26/2005 Page 27 of 27

th36 5

CIVIL COVER SHEE

The JS-44 civil cover sheet and the information contained herein neither replace nor supplement the filin7jand ervice of ?ffadings or other papers as require d
by law, except as provided by local rules of court . This form, approved by the Judicial Conference of the United States in September 1974, is required icr the use

of the Clerk of Cou rt for the purpose of initiating the civil docket sheet . (SEE INSTRUCTIONS ON THE REVERSE OF THE FORM .)
1 . (a) PLAINTIFFS DEFENDANTS

CLEARPLAY,
INC ., ISP SERVICES LLC D/B/A
MAX .COM, MATTHEW JARMAN, LEE JARMAN,
WILLIAM AHO AND FRED NINO W

NISSIM CORP .

COUNTY OF RESIDENCE OF FIRST LISTED DEFENDANT

(b) COUNTY OF RESIDENCE OF FIRST LISTED PLAINTIFF

(IN U S PLAINTIFF C A6~S ONLYjc~

(EXCEPT IN U .S . PLAINTIFF CASES)

NOTE . IN LAND CONDEMNATION CASES . ll E Tf,4E LOC ION\tOF THE


TRACT OF LAND INVOLVED

cn .- furl

(C) -ATTORNEYS (FII,aNrAMME . ADDE$~.,,T~LE HOl~t~I,


J

200

So . Biscayne Blvd .,

Miami , FI 3 31 :31

(Tel-

(d) CIRCLE COUNTY WHERE ACTION AROS

ATTORNEYS (IF KNOWN )

u~I~F & LAVAN


Suite 3160

LL P

. Q5-35R-9900 )
DADE ONROE ,

II . BASIS OF JURISDICTION

BROWARD,

X IN ONE BOX ONLY)

MARTIN , ST. LUCIE,

III . CITIZENSHIP OF PRINCIPAL PARTIES

1 U.S . Government M Federal Question


Plaintiff (U .S. Government Not a Party)
2 U .S . Gove rn ment
Defendant

1
tllfYl~'t(1'l~

(PLACE

AN

Citizen of Another State

rZ

'13`1 Original
Proceeding

El 2 Removed from
State Court

V. NATURE OF SUIT
110 Insurance
[1 120 Marine
130 Miller Act
[] 140 Negotiable Instrument
150 Recove ry of Overpayment
& Enforcement of Judgment
151 Medicare Act
0 152 Recovery of Defaulted

Student Loans
,Excl Veterans)

D 153 Recovery of Overpayment


of Veterans Benefits
D 160 Stockholders Suits

ti er (Subject of a 3
Foreign Country

3 Foreign Nation

06 0 6

A BANKRUPTCY
422 Appeal 28 USC 158

Slander
366 Asbestos Personal
330 Federal Employers Injury Product Liability

B 640 R R & Truck

Liability
340 Marine PERSONAL PROPERTY

B 660 Occupational

O 345 Marine Product E] 370 Other Fraud


Liability
371 Truth in Lending

B 690 Other

A REAL PR OPERTY

A CIVIL RIGHTS
441 Voting
442 Employmen t
443 Housing /
Accommodations
E] 444 Welfare
E) 440 Other Civil Rights

D 210 Land Condemnation


0 220 Foreclosur e
230 Rent Lease & Ejectment
U 240 Torts to Land
245 Tort Product Liability
290 All Other Real Properly

Safety/Health

A LABOR

60 510 Motions to Vacate


Sentence
HABEAS CORPUS :

SC] 530 General


AD 535 Death Penally
B [I 540 Mandamus & Other
B 550 Civil Rights

8[] 555 Prison Condition

A O THER STATUTE S

C]
B[]

423 Withdrawal
28 USC 157

A PROPERTY RIGHTS

Conupl Organization s

810 Selective Service

B SOCIAL SECURITY
861 HIA i 1395tti

720 Labor.'Mgmt Relations

[1 863 DIWC/DIWW 1a05( gu

730 Labor /Mgmt Reporting


8 Disclosure Act
740 Railwayy Labor Ac t
C1 790 Other Labor Li tigation

F) 862 Black Lung 19231


864 SSID Title XVI
865 RSI 1405(g)1

Security Act

850 Securnrer 'Commodities !


Excnanc e
875 C u stomer Challen ge
z use Sat o
891 Agricultural Acts
892 Economic Stabilization Ac t
993 En.irbnrnentai Matter s
894 Ener gy Allocation Ac t
895 Freedom of

information Act
900 Appeal of Fee Determination

FEDERAL TAX SUITS


AD 870 Taxes (US

Plainti ff

or Defendant)
q 791 Empl Ret Inc

400 State Reapportionmen t


410 Antitrust
430 Banks and Bankin g
450 Commerce,ICC Rates/et c
4 60 Deportatio n

470 Racketeer influenced and

820 Copyrights
930 Patent
E] 840 Tratlema rv

710 Fair Labor Standards


Act

PRISONER PETITIONS

Judgment

Litigation

130 610 Agriculture


Bill 620 Other Food & Drug
B 625 Drug Related Seizure
of Properly 21 USC 88 1
B 630 Liquor Laws
80650 Airline Begs

7 Magistrate

6 Multidistrict

FORFEITURE/ PENALTY

Product Liability
385 Properly Damage
360 Other Personal Injury . Product Liability

190 Other Contract


195 Contract Product Liability

Appeal to District
Judge from

Transferred from
5 another district
(specify)

PERSONAL INJURY PERSONAL INJURY


310 Airplane
362 Personal Injury Med Malpractice
E] 315 Airplane Product
Liability
365 Personal Injury Produ ct Li ability
320 Assault Libel &

350 Motor vehicle


380 Other Personal
355 Motor Vehicle Properly Damage

05

of Bus i ness In Another State

3 Remanded from
C1 4 Reinstated or
Appellate Court Reopened

(PLACE AN "X" IN ONE BOX ONLY)


A TORTS

A CONTRACT

FOR PLAINTFF

o 2 Incorporated and Principal Place 5

(PLACE AN'") ' IN ONE BOX ONLY)

IV. ORIGIN

X IN ONE BOX

(For Diversity Cases Only) AND ONE BOX FOR DEFENDANT)


PTF DEF PT F DEF
1
Incorporated or Principal Place
4
04
Citizen of This State
1
of Business In This State

4 Diversity
( Indicate Citizenship of Parties
in Item III)

5 ~`JC,~iSCJCDCOS1 .

INDIAN RIVER , OKEECHOBEi *I

AD 871 IRS -Third Parly

Under Equal Access to Justic e


950 Constitutionality of
State Statutes
890 Other Statuto ry Anions
A OR B

26 USC 760 9

VI . CAUSE OF ACTION
35

USC

(CITE THE U .S. CIVIL STATUTE UNDER WHICH YOU ARE FILING AND WRITE BRIEF STATEMENT OF CAUSE
271 DO NOT CITE JURISDICTIONAL STATUTES UNLESS DIVERSITY )

LENGTH OF TRIAL
via_days estimated (for both sides to t ry entire case)

VII . REQUESTED IN
COMPLAINT:

CHECK IF THIS IS A CLASS ACTION


D UNDER F.R .C .P 23

CHECK YES only if demanded in complaint :


NO
JURY DEMAND : )(RYES

DEMAND $

VIII . RELATED CASE (S) (See instructions) :


Huc k
IF ANY JUDG E

DOCKET NUMBER 04-211 40-C i v

NATURE OF ATTOOR EY OF RECOF~

DATE

7-25-0 5
FOR OFFICE USE ONLY

RECEIPT q

Olin C . Care y
AMOUNT

PPJYING IFP

S C~ z~JUDGE

MAG

JUDGE