Case :-cv-00-ecr -PAL Document Filed 0// Page of 0 0 Brandon C. Fernald (Nevada Bar #0) FERNALD LAW GROUP LLP 00 West Sahara Ave., Suite 00 Las Vegas, Nevada 0 Tel: (0) 0-00 Fax: (0) 0-0 Email: brandon.fernald@fernaldlawgroup.com Edward E. Casto, Jr. (pro hac vice application pending) Ryan P. Griffin (pro hac vice application pending) NELSON BUMGARDNER CASTO, P.C. West th St., Suite 00 Fort Worth, Texas 0 Tel: () - Fax: () - Email: ecasto@nbclaw.net rgriffin@nbclaw.net Attorneys for Plaintiff CONTENT INTERACTIVE LLC CONTENT INTERACTIVE LLC, v. Plaintiff, COX COMMUNICATIONS, INC.; COX COMMUNICATIONS HOLDINGS, INC.; COX COMMUNICATIONS LAS VEGAS, INC.; HOSPITALITY NETWORKS LLC; and FIESTA PALMS LLC Defendants. UNITED STATES DISTRICT COURT DISTRICT OF NEVADA Case No. :-cv- COMPLAINT FOR PATENT INFRINGEMENT JURY TRIAL DEMANDED Plaintiff CONTENT INTERACTIVE LLC files this Original Complaint for patent infringement against Defendants COX COMMUNICATIONS, INC., COX COMMUNICATIONS HOLDINGS, INC., COX COMMUNICATIONS LAS VEGAS, INC., HOSPITALITY NETWORKS, LLC and FIESTA PALMS LLC, alleging as follows:
Case :-cv-00-ecr -PAL Document Filed 0// Page of 0 0 I. JURISDICTION AND VENUE. This is an action for patent infringement arising under U.S.C.,, and -, among others. This Court has subject matter jurisdiction of this action under Title U.S.C. and (a).. The Court has general and specific personal jurisdiction over each Defendant, and venue is proper pursuant to U.S.C. and 00(b). Each Defendant has substantial contacts with the forum as a result of pervasive business activities conducted within the State of Nevada. On information and belief, each Defendant regularly solicits business in Nevada and derives substantial revenue from products, systems, and/or services sold or provided to individuals or entities residing in Nevada including, but not limited to, video on demand systems and services. II. THE PARTIES. Plaintiff CONTENT INTERACTIVE LLC ( Content Interactive ) is a Texas limited liability company with its principal place of business at Frisco Square Blvd., Suite, Frisco, Texas 0.. On information and belief, Defendant COX COMMUNICATIONS, INC. is a Delaware corporation with its principal place of business in Atlanta, Georgia. This Defendant may be served with process through its registered agent, Corporation Service Company, Centerville Road, Suite 00, Wilmington, DE 0.. On information and belief, Defendant COX COMMUNICATIONS HOLDINGS, INC. is a Delaware corporation with its principal place of business in Atlanta, Georgia. This Defendant may be served with process through its registered agent, Corporation Service Company, Centerville Road, Suite 00, Wilmington, DE 0.. On information and belief, Defendant COX COMMUNICATIONS LAS VEGAS, INC. is a Delaware corporation with its principal place of business in Atlanta, Georgia. This Defendant may be served with process through its registered agent, - -
Case :-cv-00-ecr -PAL Document Filed 0// Page of 0 0 Corporation Service Company, Centerville Road, Suite 00, Wilmington, DE 0.. On information and belief, Defendant HOSPITALITY NETWORKS LLC is a Nevada limited liability corporation with its principal place of business in Henderson, Nevada. This Defendant may be served with process through its registered agent, James Domoracki, Pin High Circle, Henderson, Nevada 0.. On information and belief, Defendant FIESTA PALMS LLC is a Nevada limited liability corporation with its principal place of business in Las Vegas, Nevada. This Defendant may be served with process through its registered agent, John T. Moran III, 0 South Fourth Street, Las Vegas, Nevada 0. III. CLAIM FOR PATENT INFRINGEMENT OF PATENT NO.,,. On January, 00, United States Patent No.,, ( the patent ) was duly and legally issued for an Information Distribution and Processing System. A true and correct copy of the patent is attached hereto as Exhibit A. 0. Content Interactive is the assignee of the patent and owns all right, title, and interest in and to the patent, including the right to prosecute this action and recover past, present and future damages from the infringements alleged herein.. Defendants Cox Communications, Inc., Cox Communications Holdings, Inc., and Cox Communications Las Vegas, Inc. (collectively Cox ) have infringed and continue to infringe, directly, contributorily, and/or through the inducement of others, claimed systems of the patent. On information and belief, and at a minimum, Cox has been and now is directly infringing at least claim of the patent by offering video on demand systems to distribute video content to users in one or more separate locations. On further information and belief, Cox also has been and now is inducing and/or contributing to its customers (e.g., subscribers, users, casinos, hotels, resorts, and/or the like) direct infringement of at least claim of the patent by offering video - -
Case :-cv-00-ecr -PAL Document Filed 0// Page of 0 0 on demand systems and/or components that allow such customers to provide and/or use video on demand services.. Defendant Hospitality Networks LLC ( Hospitality Networks ) has infringed and continues to infringe, directly, contributorily, and/or through the inducement of others, claimed systems of the patent. On information and belief, and at a minimum, Hospitality Networks has been and now is directly infringing at least claim of the patent by offering video on demand systems to distribute video content to users in one or more separate locations. On further information and belief, Hospitality Networks also has been and now is inducing and/or contributing to its customers (e.g., subscribers, users, casinos, hotels, resorts, and/or the like) direct infringement of at least claim of the patent by offering video on demand systems and/or components that allow such customers to provide and/or use video on demand services.. Defendant Fiesta Palms LLC ( Fiesta Palms ) has infringed and continues to directly infringe the claimed systems of the patent. On information and belief, and at a minimum, Fiesta Palms has been and now is directly infringing at least claim of the patent by providing and/or using video on demand systems that distribute video content to users in one or more separate locations.. Content Interactive has been damaged as a result of Defendants infringing conduct. Defendants are, thus, liable to Content Interactive in an amount that adequately compensates it for their infringements, which, by law, cannot be less than a reasonable royalty, together with interest and costs as fixed by this Court under U.S.C.. IV. JURY DEMAND Content Interactive hereby requests a trial by jury pursuant to Rule of the Federal Rules of Civil Procedure with respect to all issues so triable. V. PRAYER FOR RELIEF WHEREFORE Content Interactive requests that the Court find in its favor and - -
Case :-cv-00-ecr -PAL Document Filed 0// Page of 0 0 against Defendants, and that the Court grant Content Interactive the following relief: a. Judgment that one or more claims of United States Patent No.,, has been infringed, either literally and/or under the doctrine of equivalents, by one or more Defendants and/or by others to whose infringement Defendants have contributed and/or by others whose infringement has been induced by Defendants; b. Judgment that Defendants account for and pay to Content Interactive all damages to and costs incurred by Content Interactive because of Defendants infringing activities and other conduct complained of herein; c. That Defendants infringements be found to be willful from the time that Defendants became aware of the infringing nature of their respective products and services, and that the Court award treble damages for the period of such willful infringement pursuant to U.S.C. ; d. That Content Interactive be granted pre-judgment and post judgment interest on the damages caused by Defendants infringing activities and other conduct complained of herein; e. That the Court declare this an exceptional case and award Content Interactive its reasonable attorney s fees and costs in accordance with U.S.C. ; and f. That Content Interactive be granted such other and further relief as the Court may deem just and proper under the circumstances. - -
Case :-cv-00-ecr -PAL Document Filed 0// Page of 0 0 Dated: February, 0 Respectfully submitted, /s Brandon C. Fernald Brandon C. Fernald (Nevada Bar #0) FERNALD LAW GROUP LLP 00 West Sahara Ave., Suite 00 Las Vegas, Nevada 0 (0) 0-00/FAX (0) 0-0 brandon.fernald@fernaldlawgroup.com (pro hac vice applications pending) Edward E. Casto, Jr. Esq. Ryan P. Griffin, Esq. NELSON BUMGARDNER CASTO, P.C. West th St., Suite 00 Fort Worth, Texas 0 Tel: () - Fax: () - Email: ecasto@nbclaw.net rgriffin@nbclaw.net Attorneys for Plaintiff CONTENT INTERACTIVE LLC. - -