Free Amended Complaint - District Court of Delaware - Delaware

Case 1:06-cv-00737-SLR Case 2:06-cv-00239-RHC

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION USA Video Technology Corporation, Plaintiff v. TIME WARNER CABLE, INC.; COX COMMUNICATIONS, INC.; CHARTER COMMUNICATIONS, INC.; COMCAST CABLE COMMUNICATIONS, LLC; COMCAST OF RICHARDSON, LP; COMCAST OF PLANO, LP; COMCAST OF DALLAS, LP Defendants § § § § § § § § § § § §

Case No.2:06-cv-239 RHC

JURY TRIAL DEMANDED

PLAINTIFF'S FIRST AMENDED COMPLAINT Plaintiff, USA Video Technology Corporation ("USVO"), files this Original Complaint against Defendants, Time Warner Cable, Inc. ("Time Warner"), Cox Communications, Inc. ("Cox"), Charter Communications, Inc. ("Charter"), Comcast Cable Communications LLC

("Comcast"),Comcast of Richardson, LP ("Comcast Richardson"), Comcast of Plano, LP ("Comcast Plano"), and Comcast of Dallas, LP ("Comcast Dallas") and alleges as follows: THE PARTIES 1. USVO is a corporation organized under the laws of the State of Connecticut with its principal place of business at 83 Halls Road, P.O. Box 245, Old Lyme, Connecticut, 06371. 2. Time Warner, on information and belief, is a corporation organized under the laws of the State of Delaware. Time Warner is doing business in Texas, and, on information and belief, has a principal place of business at 290 Harbor Drive; Stamford, CT 06902. Time

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Warner may be served with process by serving its registered agent, the CT Corporation System, 350 North St. Paul St., Dallas, TX 75201. 3. Cox, on information and belief, is a corporation organized under the laws of the State of Delaware. Cox is doing business in Texas, and, on information and belief, has a principal place of business at 1400 Lake Hearn Drive, Atlanta, GA 30319. Cox may be served with process by serving its registered agent, Corporation Service Company, 2711 Centerville Road, Suite 400, Wilmington, DE 19808. 4. Charter, on information and belief, is a corporation organized under the laws of the State of Delaware. Charter is doing business in Texas, and, on information and belief, has a principal place of business at 12405 Powerscourt Drive, St. Louis, MO 63131. Charter may be served with process by serving its registered agent, Corporation Service Company DBA CSC-Lawyers Incorporating Service Company, 701 Brazos, Suite 1050, Austin, TX 78701. 5. Comcast, on information and belief, is a corporation organized under the laws of the State of Delaware. Comcast is doing business in Texas, and, on information and belief, has a principal place of business at 1500 Market Street, Philadelphia, PA 19102-2148. Comcast may be served with process by serving its registered agent, Comcast Capital Corporation at 1201 Market Street, Suite 1000, Wilmington, DE 19801. 6. Comcast Richardson on information and belief, is a corporation organized under the laws of the State of Delaware. Comcast Richardson is doing business in Texas, and, on information and belief, has a principal place of business at 1201 Market Street, Suite 1405, Wilmington, DE 19801. Comcast Richardson may be served with process by

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serving its registered agent, CT Corporation System, 350 North St. Paul St., Dallas, TX 75201. 7. Comcast Plano on information and belief, is a corporation organized under the laws of the State of Delaware. Comcast Plano is doing business in Texas, and, on information and belief, has a principal place of business at 1201 Market Street, Suite 1405, Wilmington, DE 10901. Comcast Plano may be served with process by serving its registered agent, CT Corporation System, 350 North St. Paul Street, Dallas, TX 75201. 8. Comcast Dallas on information and belief, is a corporation organized under the laws of the State of Delaware. Comcast Dallas is doing business in Texas, and, on information and belief has a principal place of business at 1201 Market Street, Suite 1405, Wilmington, DE 19801. Comcast Dallas may be served with process by serving its registered agent, CT Corporation System, 350 North St. Paul Street, Dallas, TX 75201. JURISDICTION & VENUE 9. This is an action for infringement of a United States patent. Accordingly, this action arises under the patent laws of the United States of America, 35 U.S.C. § 1 et. seq. and jurisdiction is properly based on Title 35 United States Code, particularly § 271, and title 28 United States Code, particularly § 1338(a). 10. Venue is proper in this court under Title 28 United States Code § 1391(b) and 1400(b). PATENT INFRINGEMENT COUNT 11. On July 14, 1992, United States Patent No. 5,130,792 ("the `792 patent") entitled "Store and Forward Video System" was duly and legally issued. A true and correct copy of the `792 patent is attached as Exhibit A. The `792 patent is directed to systems that communicate

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video programs to subscribers upon request, commonly referred to as video-on-demand (VOD). 12. 13. 14. Pursuant to 35 U.S.C. § 282, the above-listed United States Patent is presumed valid. USVO is the owner of the `792 patent. Time Warner, on information and belief, operates digital cable systems in which it provides video-on-demand (VOD) services to its subscribers. Time Warner provides its subscribers with digital set-top boxes to enable access to the VOD services. By offering such products and/or services Time Warner has in the past and continues to infringe at least claim 1 of the `792 patent. 15. Cox, on information and belief, operates digital cable systems in which it provides video-ondemand (VOD) services to its subscribers. Cox provides its subscribers with digital set-top boxes to enable access to the VOD services. By offering such products and/or services Cox has in the past and continues to infringe at least claim 1 of the `792 patent. 16. Charter, on information and belief, operates digital cable systems in which it provides videoon-demand (VOD) services to its subscribers. Charter provides its subscribers with digital set-top boxes to enable access to the VOD services. By offering such products and/or services Charter has in the past and continues to infringe at least claim 1 of the `792 patent. 17. Comcast, on information and belief, operates digital cable systems in which it provides video-on-demand (VOD) services to its subscribers. Comcast provides its subscribers with digital set-top boxes to enable access to the VOD services. By offering such products and/or services Comcast has in the past and continues to infringe at least claim 1 of the `792 patent. 18. Comcast Richardson, on information and belief, operates digital cable systems in which it provides video-on-demand (VOD) services to its subscribers. Comcast Richardson provides 4

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its subscribers with digital set-top boxes to enable access to the VOD services. By offering such products and/or services Comcast has in the past and continues to infringe at least claim 1 of the `792 patent. 19. Comcast Plano, on information and belief, operates digital cable systems in which it provides video-on-demand (VOD) services to its subscribers. Comcast Plano provides its subscribers with digital set-top boxes to enable access to the VOD services. By offering such products and/or services Comcast has in the past and continues to infringe at least claim 1 of the `792 patent. 20. Comcast Dallas, on information and belief, operates digital cable systems in which it provides video-on-demand (VOD) services to its subscribers. Comcast Dallas provides its subscribers with digital set-top boxes to enable access to the VOD services. By offering such products and/or services Comcast has in the past and continues to infringe at least claim 1 of the `792 patent. 21. The Defendants' infringement of the `792 patent alleged above has injured USVO and thus, it is entitled to recover damages adequate to compensate for the Defendants' infringement, which in no event can be less than a reasonable royalty. DEMAND FOR JURY TRIAL 22. USVO hereby demands a jury trial on all claims and issues triable of right by a jury. PRAYER FOR RELIEF Wherefore, USVO prays for entry of judgment: A. that Defendants, Time Warner, Cox, Charter, Comcast, Comcast Richardson,

Comcast Plano and Comcast Dallas, have infringed one or more claims of the `792 patent;

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B.

that Defendants, Time Warner, Cox, Charter, Comcast, Comcast Richardson,

Comcast Plano and Comcast Dallas, account for and pay to USVO all damages caused by the infringement of the `792 patent, which by statute can be no less than a reasonable royalty; C. that USVO be granted pre-judgment and post-judgment interest on the damages

caused to them by reason of Defendants, Time Warner, Cox, Charter, Comcast, Comcast Richardson, Comcast Plano and Comcast Dallas's infringement of the `792 patent; D. E. F. that USVO be granted its attorneys' fees in this action; that costs be awarded to USVO; that USVO be granted such other and further relief as the Court may deem just and

proper under the current circumstances. Respectfully submitted, Date: August 18, 2006 /s/ Edward W. Goldstein Edward W. Goldstein Texas Bar. No. 08099500 GOLDSTEIN, FAUCETT & PREBEG, LLP 1177 West Loop South, Suite 400 Houston, TX 77027 Tel: 713/877-1515 Fax: 713/877-1737 E-mail: [email protected]

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T. John Ward, Jr. State Bar No. 00794818 Law Office of T. John Ward, Jr., P.C. P.O. Box 1231 Longview, Texas 75606-1231 (903) 757-6400 (telephone) (903) 757-2323 (facsimile) E-mail: [email protected] ATTORNEYS FOR PLAINTIFF

Of Counsel: GOLDSTEIN, FAUCETT & PREBEG, L.L.P Corby R. Vowell Texas Bar No. 24031621 1177 West Loop South, Suite 400 Houston, Texas 77027 (713) 877-1515 ­ Telephone (713) 877-1737 ­ Facsimile

CERTIFICATE OF SERVICE The undersigned hereby certifies that all counsel of record who are deemed to have consented to electronic service are being served with a copy of this document via the Court's CM/ECF system per Local Rule CV-5(a)(3) on August 18, 2006. Any other counsel of record will be served by first class U.S. mail.

/s/ Edward W. Goldstein_____ Edward W. Goldstein

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