Case 1:11-cv-00797-RGA Document 1 Filed 09/09/11 Page 1 of 13 PageID #: 1
`Case 1:11—cv-00797-RGA Document 1
`Filed 09/09/11 Page 1 of 13 Page|D #: 1
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`FastVDO LLC,
`
`Plaintiff,
`
`v.
`
`Civil Action No:
`
`DEMAND FOR JURY TRIAL
`
`Apple Inc.;
`Canon U.S.A., Inc.;
`Casio America, Inc.;
`DXG Technology (U.S.A.) Inc.;
`Eastman Kodak Company;
`Fujifilm North America Corporation;
`Hewlett Packard Company;
`JVC Americas Corporation;
`Nikon Americas, Inc.;
`Nikon, Inc.;
`Olympus America Inc.;
`Panasonic Corporation of North America;
`Samsung Electronics America, Inc.;
`Sanyo North America Corporation;
`Sony Corporation of America;
`Sony Electronics, Inc.; and
`Toshiba America, Inc.;
`
`Defendants.
`
`COMPLAINT
`
`Plaintiff FastVDO LLC (“FastVDO”) alleges as follows:
`
`PARTIES
`
`1.
`
`FastVDO is a Florida limited liability corporation with a principal place of
`
`business at 750 N. Atlantic Ave., Cocoa Beach, FL 32931.
`
`2.
`
`On information and belief, Apple Inc. (“Apple”) is a California corporation with a
`
`principal place of business at l Infinite Loop, Cupertino, CA 95014.
`
`3.
`
`On information and belief, Canon U.S.A., Inc. (“Canon”) is a New York
`
`corporation with a principal place of business at One Canon Plaza, Lake Success, NY 11042.
`
`

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`4.
`
`On information and belief, Casio America, Inc. (“Casio”) is a New York
`
`corporation with a principal place of business at 570 Mount Pleasant Avenue, Dover, New Jersey
`
`07081.
`
`5.
`
`On information and belief, DXG Technology (U.S.A.) Inc. (“DXG”) is a
`
`California corporation with a principal place of business at 1001 Lawson Street, City of Industry,
`
`CA 91748.
`
`6.
`
`On information and belief, Eastman Kodak Company (“Eastman Kodak”) is a
`
`New Jersey corporation with a principal place of business at 343 State Street, Rochester, NY
`
`14608.
`
`7.
`
`On information and belief, Fujifilm North America Corporation (“Fuji”) is a New
`
`York corporation with a principal place of business at 200 Summit Lake Drive, Valhalla, NY
`
`10595.
`
`8.
`
`On information and belief, Hewlett-Packard Company (“HP”) is a Delaware
`
`corporation with a principal place of business at 3000 Hanover Street, Palo Alto, CA 94304.
`
`9.
`
`On information and belief, JVC Americas Corporation (“JVC”) is a Delaware
`
`corporation with its principal place of business at 1700 Valley Road, Wayne, NJ 07470.
`
`10.
`
`On information and belief, Nikon Americas, Inc. (“Nikon Americas”) is a
`
`Delaware corporation with a principal place of business at 1300 Walt Whitman Road, Melville,
`
`NY 11747.
`
`11.
`
`On information and belief, Nikon, Inc. is a New York corporation with a principal
`
`place of business at 1300 Walt Whitman Road, Melville, NY 11747. Nikon Inc. and Nikon
`
`Americas are collectively referred to as “Nikon.”
`
`12.
`
`On information and belief, Olympus America Inc. (“Olympus”) is a New York
`
`corporation with a principal place of business at 3500 Corporate Parkway, Center Valley, PA
`
`18034.
`
`

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`13.
`
`On information and belief, Panasonic Corporation of North America
`
`(“Panasonic”) is a Delaware corporation with its principal place of business at One Panasonic
`
`Way, Secaucus, NJ 07094.
`
`14.
`
`On information and belief, Samsung Electronics America, Inc. (“Samsung”) is a
`
`New York corporation with a principal place of business at 105 Challenger Road, Ridgefield
`
`Park, NJ 07660.
`
`15.
`
`On information and belief, Sanyo North America Corporation (“Sanyo”) is a
`
`Delaware corporation with a principal place of business at 2055 Sanyo Avenue, San Diego, CA
`
`92154.
`
`16.
`
`On information and belief, Sony Corporation of America (“SCA”) is a New York
`
`corporation with a principal place of business at 555 Madison Avenue, New York, NY 10022.
`
`17.
`
`On information and belief, Sony Electronics, Inc. (“Sony Electronics”) is a
`
`Delaware corporation with a principal place of business at 16530 Via Esprillo, San Diego, CA
`
`92127. SCA and Sony Electronics are collectively referred to as “Sony.”
`
`18.
`
`On information and belief, Toshiba America, Inc. (“Toshiba”) is a Delaware
`
`corporation with its principal place of business at 1251 Avenue of the Americas, Suite 4110,
`
`New York, NY 10020.
`
`JURISDICTION AND VENUE
`
`19.
`
`This is an action for patent infringement arising under the patent laws of the
`
`United States of America, 35 U.S.C. § 1, et seq., including § 271. This Court has subject matter
`
`jurisdiction under 28 U.S.C. §§ 1331 and 1338(a).
`
`20.
`
`This Court has personal jurisdiction over defendants because, among other
`
`reasons, defendants have done business in Delaware, have committed and continue to commit
`
`acts of patent infringement in Delaware, and have harmed and continue to harm FastVDO in
`
`Delaware, by, among other things, using, selling, offering for sale, and importing infringing
`
`products in Delaware.
`
`

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`21.
`
`Venue is proper in this district under 28 U.S.C. §§ 139l(b)-(c) and l400(b)
`
`because, among other reasons, defendants are subject to personal jurisdiction in this District, and
`
`have committed acts of patent infringement in this District. On information and belief, for
`
`example, defendants have used, sold, offered for sale, and imported infringing products in this
`
`District.
`
`COUNT I
`
`glnfringement of U.S. Patent No. RE 40,081)
`
`22.
`
`FastVDO is the owner by assignment and merger of United States Patent No. RE
`
`40,081 (“the ‘O81 patent”), entitled “Fast Signal Transforms With Lifting Steps.” The ‘O81
`
`patent reissued on February 19, 2008. A true and correct copy of the ‘O81 patent is attached
`
`hereto as Exhibit A. The ‘081 patent enables digital image compression through the coding and
`
`decoding blocks of digital image intensities with a block coder and transform coder that utilizes
`
`an invertible linear transform having a +/- butterfly step, a lifting step, and a scaling factor.
`
`H.264/MPEG-4 Part 10/Audio Video Coding (“AVC”) is a video compression standard that
`
`performs digital image compression by coding and decoding blocks of digital image intensities
`
`with a block coder and with a transform coder that includes an invertible linear transform, which
`
`is representable as a cascade using at least one +/-1 butterfly step, at least one lifting step, and at
`
`least one scaling factor. Products that support the H.264/MPEG-4 Part 10/AVC standard are
`
`referred to hereinafter as “H.264/MPEG-4 Part 10/AVC compliant.”
`
`23.
`
`On information and belief, in violation of one or more provisions of 35 U.S.C.
`
`§ 271, Apple has infringed one or more claims of the ‘O81 patent by making, using, selling,
`
`offering to sell, or importing H.264/MPEG-4 Part 10/AVC compliant electronic devices and/or
`
`software, including, but not limited to, iPhone, iPad2, iMovie, Mac OS X version 10.4 (Tiger),
`
`Quicktime 7 Pro, and Apple’s iChat video conferencing software. Apple has induced its
`
`customers with its marketing materials, advertising materials, manuals and customer support
`
`services to use its H.264/MPEG-4 Part 10/AVC compliant electronic devices and software to
`
`perform digital image compression by coding and decoding blocks of digital image intensities
`
`

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`with a block coder and transform coder that utilizes an invertible linear transform having a +/-
`
`butterfly step, a lifting step, and a scaling factor. Apple’s acts of infringement have been willful
`
`under 35 U.S.C. § 284 since May 7, 2008, when Apple received actual notice of the ‘081 patent
`
`and its essentiality to the H.264/MPEG-4 Part 10/AVC standard.
`
`24.
`
`On information and belief, in violation of one or more provisions of 35 U.S.C.
`
`§ 271, Canon has infringed one or more claims of the ‘081 patent by making, using, selling,
`
`offering to sell, or importing H.264/MPEG-4 Part 10/AVC compliant digital cameras and/or
`
`camcorders including, but not limited to: PowerShot family A1200, A3300IS, D10,
`
`ELPH300HS, ELPH500 HS, ELPHSOOHS, ELPH300HS, G12, S95, SD4500IS, SD4000IS,
`
`SD3500 IS, SD1400IS, SX230HS, SX210IS, SX130IS, SX30IS; EOS family 1D Mark IV, 5D
`
`Mark 11, 7D, 60D, Rebel T3, Rebel T3i, Rebel T2i EF-S, Rebel Tli EF-S; Vixia HF G10, HF
`
`S30, HF S21, HF S20, HF S200, HF M41, HF M40, HF M400, HF M32, HF M31, HF M30, HF
`
`M300, HF 21, HF R21, HF R20, HF R200, HF R11, HF R10, HF R100; and XA10. Canon has
`
`induced its customers with its marketing materials, advertising materials, manuals and customer
`
`support services to use its H.264/MPEG-4 Part 10/AVC compliant digital cameras and/or
`
`camcorders to perform digital image compression by, among other things, processing coding and
`
`decoding blocks of digital image intensities with a block coder and with a transform coder that
`
`includes an invertible linear transform, which is representable as a cascade using at least one +/-1
`
`butterfly step, at least one lifting step, and at least one scaling factor. At least from the date of
`
`service of this complaint, Canon has actual notice of the ‘081 patent.
`
`25.
`
`On information and belief, in violation of one or more provisions of 35 U.S.C.
`
`§ 271, Casio has infringed one or more claims of the ‘081 patent by making, using, selling,
`
`offering to sell, or importing H.264/MPEG-4 Part 10/AVC compliant digital cameras and/or
`
`camcorders, including, but not limited to TRYX, EX-ZR10, EX-ZR100, EX—H20G. Casio has
`
`induced its customers with its marketing materials, advertising materials, manuals and customer
`
`support services to use its H.264/MPEG-4 Part 10/AVC digital cameras and/or camcorders to
`
`perform digital image compression by, among other things, processing coding and decoding
`
`

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`blocks of digital image intensities with a block coder and with a transform coder that includes an
`
`invertible linear transform, which is representable as a cascade using at least one +/-1 butterfly
`
`step, at least one lifting step, and at least one scaling factor. At least from the date of service of
`
`this complaint, Casio has actual notice of the ‘081 patent.
`
`26.
`
`On information and belief, in violation of one or more provisions of 35 U.S.C.
`
`§ 271, DXG has infringed one or more claims of the ‘081 patent by making, using, selling,
`
`offering to sell, or importing H.264 digital cameras and/or camcorders, including, but not limited
`
`to: DXG-565V, DXG-579V, DXG-580V, DXG-5B1V, DXG-5B1V, DXG-5B7V, DXG-125V,
`
`DXG-5FOV, DXG-A80V, DXG-A85V, DXG—A87V, DXG-A595V, DXG-5D7V, Riviera 720p
`
`HD, and Luxe 1080p HD. DXG has induced its customers with its marketing materials,
`
`advertising materials, manuals and customer support services to use its H.264/MPEG-4 Part
`
`10/AVC compliant digital cameras and/or camcorders to perform digital image compression by,
`
`among other things, processing coding and decoding blocks of digital image intensities with a
`
`block coder and with a transform coder that includes an invertible linear transform, which is
`
`representable as a cascade using at least one +/-1 butterfly step, at least one lifting step, and at
`
`least one scaling factor. At least from the date of service of this complaint, DXG has actual
`
`notice of the ‘O81 patent.
`
`27.
`
`On information and belief, in violation of one or more provisions of 35 U.S.C.
`
`§ 271, Kodak has infringed one or more claims of the ‘081 patent by making, using, selling,
`
`offering to sell, or importing H.264/MPEG-4 Part 10/AVC compliant camcorders and digital
`
`cameras, including, but not limited to: SLICE, Easy Share Max, M590, M580, M583, M575,
`
`M577, M552, and M532. Kodak has induced its customers with its marketing materials,
`
`advertising materials, manuals and customer support services to use its H.264/MPEG-4 Part
`
`10/AVC compliant digital cameras and/or camcorders to perform digital image compression by,
`
`among other things, processing coding and decoding blocks of digital image intensities with a
`
`block coder and with a transform coder that includes an invertible linear transform, which is
`
`representable as a cascade using at least one +/-1 butterfly step, at least one lifting step, and at
`
`

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`least one scaling factor. At least from the date of service of this complaint, Kodak has actual
`
`notice of the ‘O81 patent.
`
`28.
`
`On information and belief, in violation of one or more provisions of 35 U.S.C.
`
`§ 271, Fuji has infringed one or more claims of the ‘O81 patent by making, using, selling,
`
`offering to sell, or importing H.264/MPEG-4 Part 10/AVC compliant digital cameras and/or
`
`camcorders, including, but not limited to, HS2OEXR, FSOOEXR, F550EXR, F6OOEXR,
`
`Z9OOEXR, and X100. Fuji has induced its customers with its marketing materials, advertising
`
`materials, manuals and customer support services to use its H.264/MPEG-4 Part 10/AVC
`
`compliant digital cameras and/or camcorders to perform digital image compression by, among
`
`other things, processing coding and decoding blocks of digital image intensities with a block
`
`coder and with a transform coder that includes an invertible linear transform, which is
`
`representable as a cascade using at least one +/-1 butterfly step, at least one lifting step, and at
`
`least one scaling factor. At least from the date of service of this complaint, Fuji has actual notice
`
`of the ‘081 patent.
`
`29.
`
`On information and belief, in violation of one or more provisions of 35 U.S.C.
`
`§ 271, HP has infringed one or more claims of the ‘O81 patent by making, using, selling, offering
`
`to sell, or importing H.264/MPEG-4 Part 10/AVC compliant digital cameras and/or camcorders,
`
`including, but not limited to, FVU260, V5061u, FVM3160, FVU32120, FVM31120. HP has
`
`induced its customers with its marketing materials, advertising materials, manuals and customer
`
`support services to use its H.264/MPEG-4 Part 10/AVC compliant digital cameras and/or
`
`camcorders to perform digital image compression by, among other things, processing coding and
`
`decoding blocks of digital image intensities with a block coder and with a transform coder that
`
`includes an invertible linear transform, which is representable as a cascade using at least one +/-1
`
`butterfly step, at least one lifting step, and at least one scaling factor. At least from the date of
`
`service of this complaint, HP has actual notice of the ‘O81 patent.
`
`30.
`
`On information and belief, in violation of one or more provisions of 35 U.S.C.
`
`§ 271, JVC has infringed one or more claims of the ‘081 patent by making, using, selling,
`
`

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`offering to sell, or importing H.264/MPEG-4 Part 10/AVC compliant digital cameras and/or
`
`camcorders, including, but not limited to, GZ-HM30U, GZ-HM50U, GZ-HM440U, GZ-
`
`HM450U, GZ-HM450U, GZ-HM650U, GZ-HM670U, GZ-HM690U, GZ-HD520BU, GZ-
`
`HM860BUS, GZ-HM960BUS, GS-TD1, GZ-HM300BU, GZ-HM320BU, GZ-HM340BU, GZ-
`
`HD500BU, GZ-HD620BU, GZ-HM550BU, GZ-HMISUS, GC-FM2, GC-WP10, and GCFM1.
`
`JVC has induced its customers with its marketing materials, advertising materials, manuals and
`
`customer support services to use its H.264/MPEG-4 Part 10/AVC compliant digital cameras
`
`and/or camcorders to perform digital image compression by, among other things, processing
`
`coding and decoding blocks of digital image intensities with a block coder and with a transform
`
`coder that includes an invertible linear transform, which is representable as a cascade using at
`
`least one +/-1 butterfly step, at least one lifting step, and at least one scaling factor. At least from
`
`the date of service of this complaint, JVC has actual notice of the ‘081 patent.
`
`31.
`
`On information and belief, in violation of one or more provisions of 35 U.S.C.
`
`§ 271, Nikon has infringed one or more claims of the ‘081 patent by making, using, selling,
`
`offering to sell, or importing H.264/MPEG-4 Part 10/AVC compliant digital cameras and/or
`
`camcorders, including, but not limited to, D7000, D5100, D3100, S9100, S8100, S6100, S2500,
`
`S80, S8000, S6000, S100pj, P7000, P500, P300, P100, L120, and L110. Nikon has induced its
`
`customers with its marketing materials, advertising materials, manuals and customer support
`
`services to use its H.264/MPEG-4 Part 10/AVC compliant digital cameras and/or camcorders to
`
`perform digital image compression by, among other things, processing coding and decoding
`
`blocks of digital image intensities with a block coder and with a transform coder that includes an
`
`invertible linear transform, which is representable as a cascade using at least one +/-1 butterfly
`
`step, at least one lifting step, and at least one scaling factor. At least from the date of service of
`
`this complaint, Nikon has actual notice of the ‘O81 patent.
`
`32.
`
`On information and belief, in violation of one or more provisions of 35 U.S.C.
`
`§ 271, Olympus has infringed one or more claims of the ‘081 patent by making, using, selling,
`
`offering to sell, or importing H.264/MPEG-4 Part 10/AVC compliant digital cameras and/or
`
`

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`camcorders, including, but not limited to, Stylus 5010, Stylus 7040, Stylus Tough 8010, Stylus
`
`Tough 6020, Stylus Tough 3000, TG810, TG610, TG310, SP-600UZ, SP-610UZ, SP-800UZ,
`
`SZ-10, SZ-11, SZ-20, SZ-30MR, E-PM1, E—PL3, E-P3. Olympus has induced its customers with
`
`its marketing materials, advertising materials, manuals and customer support services to use its
`
`H.264/MPEG-4 Part 10/AVC compliant digital cameras and/or camcorders to perform digital
`
`image compression by, among other things, processing coding and decoding blocks of digital
`
`image intensities with a block coder and with a transform coder that includes an invertible linear
`
`transform, which is representable as a cascade using at least one +/-1 butterfly step, at least one
`
`lifting step, and at least one scaling factor. At least from the date of service of this complaint,
`
`Olympus has actual notice of the ‘081 patent.
`
`33.
`
`On information and belief, in violation of one or more provisions of 35 U.S.C.
`
`§ 271, Panasonic has infringed one or more claims of the ‘081 patent by making, using, selling,
`
`offering to sell, or importing H.264/MPEG-4 Part 10/AVC compliant digital cameras and/or
`
`camcorders, including, but not limited to, DMC—FZ47K, HDC-HS 80K, HDC-HS900K, HDC-
`
`SD40K, HDC-SD80K, HDC-SD800K, HDC-SD90K, HDC-SDT750K, HDC-TMIOS, HDC-
`
`TM40K, HDC—TM41H, HDC-TM80, HDC-TM900K, HDC-TM90, HM-TAIR, SDR-H100
`
`Series, SDR-S50 Series, SDR-S70 Series, and SDR-T70K. Panasonic has induced its customers
`
`with its marketing materials, advertising materials, manuals and customer support services to use
`
`its H.264/MPEG-4 Part 10/AVC compliant digital cameras and/or camcorders to perform digital
`
`image compression by, among other things, processing coding and decoding blocks of digital
`
`image intensities with a block coder and with a transform coder that includes an invertible linear
`
`transform, which is representable as a cascade using at least one +/-1 butterfly step, at least one
`
`lifting step, and at least one scaling factor. At least from the date of service of this complaint,
`
`Panasonic has actual notice of the ‘O81 patent.
`
`34.
`
`On information and belief, in violation of one or more provisions of 35 U.S.C.
`
`§ 271, Samsung has infringed one or more claims of the ‘O81 patent by making, using, selling,
`
`offering to sell, or importing H.264/MPEG-4 Part 10/AVC compliant digital cameras and/or
`
`

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`camcorders, including, but not limited to, ES80, HZ35, NX100, NXlO, PLl20, PL170, SHl00,
`
`ST700, ST95, TL500, WB700, WB210, F40BN, F50SN, F54BN, H304BN. H300BN, TIOON,
`
`Ql0BN, and W200TN. Samsung has induced its customers with its marketing materials,
`
`advertising materials, manuals and customer support services to use its H.264/MPEG-4 Part
`
`10/AVC compliant digital cameras and/or camcorders to perform digital image compression by,
`
`among other things, processing coding and decoding blocks of digital image intensities with a
`
`block coder and with a transform coder that includes an invertible linear transform, which is
`
`representable as a cascade using at least one +/-1 butterfly step, at least one lifting step, and at
`
`least one scaling factor. At least from the date of service of this complaint, Samsung has actual
`
`notice of the ‘O81 patent.
`
`35.
`
`On information and belief, in violation of one or more provisions of 35 U.S.C.
`
`§ 271, Sanyo has infringed one or more claims of the ‘O81 patent by making, using, selling,
`
`offering to sell, or importing H.264/MPEG-4 Part 10/AVC compliant digital cameras and/or
`
`camcorders, including, but not limited to, VPC-HDIOO, VPC-GH4, VPC-PD2BK, VPC-SHl,
`
`VPC-CS1, VPC-GH2, VPC-CA102, VPC-CG20, VPC-FHIABK, VPC-2000A, VPC-WHI,
`
`VPC-THI, VPC-CG10, VPC-E2, VPC-E1, VPC-HD1010, VPC-HD1000, VPC-HD700, VPC-
`
`HD2, VPC-CG9, VPC-CG6, VPC-CG65, VPC-CA6, VPC-C6, VPC-HDIA, VPC-C40. Sanyo
`
`has induced its customers with its marketing materials, advertising materials, manuals and
`
`customer support services to use its H.264/MPEG-4 Part 10/AVC compliant digital cameras
`
`and/or camcorders to perform digital image compression by, among other things, processing
`
`coding and decoding blocks of digital image intensities with a block coder and with a transform
`
`coder that includes an invertible linear transform, which is representable as a cascade using at
`
`least one +/-1 butterfly step, at least one lifting step, and at least one scaling factor. At least from
`
`the date of service of this complaint, Sanyo has actual notice of the ‘O81 patent.
`
`36.
`
`On information and belief, in violation of one or more provisions of 35 U.S.C.
`
`§ 271, Sony has infringed one or more claims of the ‘O81 patent by making, using, selling,
`
`offering to sell, or importing H.264/MPEG-4 Part 10/AVC compliant digital cameras and/or
`
`10
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`camcorders, including, but not limited to, HXl00V, HX9V, HX7V, H70, TX100V, TX55, TX10,
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`TX110, WXl0, WX9, W570, W560, Nex-5, Nex-3, (1580, 0155, 0135, 0133, MHS-FS1, MHS-FS2,
`
`MHS-FS3, MHS-TS20, HDR-CX700V, HDR-CX160, HDR-XR160, HDR-CX560V, HDR-
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`CX3 60V, HDR-CX130, HDR-CX110, HDR-PJ10, HDR-PJ30V, HDR-PJ50V, HDR-TD10,
`
`HDR-TG5V, DEV-3, DEV-5, NEX-VG10, HDR-AX2000, HXR-NX5U, HXR-MC50U. Sony
`
`has induced its customers with its marketing materials, advertising materials, manuals and
`
`customer support services to use its H.264/MPEG-4 Part 10/AVC compliant digital cameras
`
`and/or camcorders to perform digital image compression by, among other things, processing
`
`coding and decoding blocks of digital image intensities with a block coder and with a transform
`
`coder that includes an invertible linear transform, which is representable as a cascade using at
`
`least one +/-1 butterfly step, at least one lifting step, and at least one scaling factor. Sony’s acts
`
`of infringement have been willful under 35 U.S.C. § 284 since March 2008, when Sony received
`
`actual notice of the ‘O81 patent and its essentiality to the H.264/MPEG-4 Part 10/AVC standard.
`
`37.
`
`On information and belief, in violation of one or more provisions of 35 U.S.C.
`
`§ 271, Toshiba has infringed one or more claims of the ‘081 patent by making, using, selling,
`
`offering to sell, or importing H.264/MPEG-4 Part 10/AVC compliant digital cameras and/or
`
`camcorders, including, but not limited to, Camileo, X100, H30, S20, S30, P100, B10, BW10.
`
`Toshiba has induced its customers with its marketing materials, advertising materials, manuals
`
`and customer support services to use its H.264/MPEG-4 Part 10/AVC compliant digital cameras
`
`and/or camcorders to perform digital image compression by, among other things, processing
`
`coding and decoding blocks of digital image intensities with a block coder and with a transform
`
`coder that includes an invertible linear transform, which is representable as a cascade using at
`
`least one +/-1 butterfly step, at least one lifting step, and at least one scaling factor. At least from
`
`the date of service of this complaint, Toshiba has actual notice of the ‘081 patent.
`
`PRAYER FOR RELIEF
`
`FastVDO prays for the following relief:
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`Case 1:11-cv-00797-RGA Document 1 Filed 09/09/11 Page 12 of 13 PageID #: 12
`Case 1:11—cv-00797-RGA Document 1
`Filed 09/09/11 Page 12 of 13 Page|D #: 12
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`1.
`
`A judgment that each defendant has directly infringed (either literally or under the
`
`doctrine of equivalents) one or more claims of the ‘O81 patent;
`
`2.
`
`A judgment that each defendant has induced the infringement of one or more
`
`claims of the ‘081 patent;
`
`3.
`
`A permanent injunction enjoining defendants and their officers, directors, agents,
`
`servants, affiliates, employees, divisions, branches, subsidiaries, parents, and all others acting in
`
`active concert or participation with them, from infringing each of the ‘O81 patent;
`
`4.
`
`An award of damages resulting from each defendant’s acts of infringement in
`
`accordance with 35 U.S.C. § 284;
`
`5.
`
`An award of enhanced damages equal to treble the amount of actual damages
`
`from Apple, for the willful nature of Apple’s acts of infringement, with notice being made at
`
`least as early as May 2008, as provided under 35 U.S.C. § 284;
`
`6.
`
`An award of enhanced damages equal to treble the amount of actual damages
`
`from Sony, for the willful nature of Sony’s acts of infringement, with notice being made at least
`
`as early as March 2008, as provided under 35 U.S.C. § 284;
`
`7.
`
`A judgment and order finding that this is an exceptional case within the meaning
`
`of 35 U.S.C. § 285 and awarding to FastVDO its reasonable attorneys’ fees against each
`
`defendant;
`
`8.
`
`A judgment and order requiring defendants to provide an accounting and to pay
`
`supplemental damages to FastVDO, including without limitation, pre-j udgment and post-
`
`judgment interest; and
`
`9.
`
`Any and all other relief to which FastVDO may show itself to be entitled.
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`Case 1:11—cv-00797-RGA Document 1
`Filed 09/09/11 Page 13 of 13 Page|D #: 13
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`DEMAND FOR JURY TRIAL
`
`FastVDO demands a trial by jury on all issues so triable.
`
`Dated: September 9, 2011
`
`FARNAN LLP
`
`/s/ Joseph J. Farnan, Jr.
`Joseph J. Farnan, Jr. (#100245)
`Brian E. Farnan (#4089)
`919 North Market Street, 12”‘ Floor
`Wilmington, DE 19801
`(302) 777-0300
`farnan@faman1aw.com
`bfarnan@farnanlaw.com
`
`Attorneys for Plaintiff
`FastVDO, LLC
`
`Of Counsel:
`
`Marc A. Fenster
`Alexander C.D. Giza
`Kevin P. Burke
`RUSS, AUGUST & KABAT
`12424 Wilshire Boulevard, 12th Floor
`Los Angeles, CA 90025-1031
`(310) 826-7474
`mfenster@raklaw.com
`agiza@raklaw.com
`kburke@rak1aw.com
`
`13