Case4:13-cv-00074-YGR Document40 Filed07/07/14 Page1 of 14

1 Tamara Fraizer (SBN 215942) FISH & RICHARDSON P.C. 2 500 Arguello Street, Suite 500 Redwood City, CA 94063 3 [email protected] Tel: (650) 839-5070 4 Fax: (650) 839-5071

5 Of Counsel: (applications for Pro Hac Vice to be filed) Ruffin B. Cordell 6 Timothy W. Riffe Adam R. Shartzer 7 FISH & RICHARDSON P.C. 1425 K Street, N.W.,11th Floor 8 Washington, DC 20005 Tel: (202) 783-5070 9 Fax: (202) 783-2331

10 Attorneys for Plaintiff , INC. 11 12 UNITED STATES DISTRICT COURT 13 NORTHERN DISTRICT OF CALIFORNIA 14 OAKLAND DIVISION

15 SLING MEDIA, INC., Case No. 4:13-cv-00074-YGR

16 Plaintiff,

17 vs. SECOND AMENDED COMPLAINT FOR 18 PATENT INFRINGEMENT

19 MONSOON MULTIMEDIA, INC., PRABHAT JAIN, DEMAND FOR JURY TRIAL 20 Defendants. 21

22 23 Plaintiff Sling Media, Inc. hereby alleges as follows: 24 THE PARTIES 25 1. Sling Media, Inc. (hereinafter “Sling Media”) is incorporated under the laws of the state 26 of Delaware, and has a regular and established place of business at 1051 East Hillsdale 27 Blvd, Suite 500, Foster City, CA 94404. 28 1 SECOND AMENDED COMPLAINT FOR PATENT Case No. 4:13-cv-00074-YGR INFRINGEMENT

Case4:13-cv-00074-YGR Document40 Filed07/07/14 Page2 of 14

1 2. Upon information and belief, defendant Monsoon Multimedia, Inc. (hereinafter 2 “Monsoon”) is incorporated under the laws of the state of Delaware, and has a regular 3 and established place of business at 1730 South Amphlett Blvd., Suite 101, San Mateo, 4 CA 94402. 5 3. Upon information and belief, defendant Prabhat Jain is the CEO of Monsoon and resides 6 at 615 San Luis Rd, Berkeley, CA 94707-1725. 7 4. Defendant Monsoon and defendant Prabhat Jain will hereinafter be collectively referred 8 to as “Defendants.” 9 JURISDICTION 10 5. This action arises under the patent laws of the United States, Title 35 U.S.C. § 1 et seq. 11 This court has subject matter jurisdiction under 28 U.S.C. §§ 1331 and 1338(a). 12 6. Upon information and belief, this Court has personal jurisdiction over Monsoon because 13 it is doing business and advertising in this judicial District. Moreover, Monsoon has its 14 principal place of business in this judicial district. 15 7. Upon information and belief, this Court has personal jurisdiction over Prabhat Jain 16 because he resides in this district. 17 8. Upon information and belief, venue is proper in this Court pursuant to 28 U.S.C. §§ 1391, 18 1400 and 1409 because the Defendants are subject to personal jurisdiction in this judicial 19 District. 20 GENERAL ALLEGATIONS AND FACTS 21 SLING MEDIA 22 9. Sling Media is the creator of award-winning placeshifting products and services 23 for consumers and service providers. Sling Media’s products include its 24 internationally-acclaimed and Emmy award-winning ®, including the Slingbox 25 500 Slingbox 350, and Sling Media’s Slingbox SOLO video placeshifting devices. Sling 26 Media’s products may be used for consumption of media such as live or recorded 27 28 2 SECOND AMENDED COMPLAINT FOR PATENT Case No. 4:13-cv-00074-YGR INFRINGEMENT

Case4:13-cv-00074-YGR Document40 Filed07/07/14 Page3 of 14

1 television programs on remote devices, such as mobile telephones, tablets, laptops, and 2 other computing devices. 3 10. Sling Media is the assignee and sole owner of all right, title, and interest in United States 4 Patent Nos.: 7,725,912, entitled “Method for Implementing a Remote Display System 5 with Transcoding,” (“the ’912 patent”) which was duly and legally issued on May 25, 6 2010; 7,877,776, entitled “Personal Media Broadcasting System,” (“the ’776 patent”) 7 which was duly and legally issued on January 25, 2011; 8,051,454, entitled “Personal 8 Media Broadcasting System with Output Buffer,” (“the ’454 patent”) which was duly and 9 legally issued on November 1, 2011; 8,060,909, entitled “Personal Media Broadcasting 10 System,” (“the ’909 patent”) which was duly and legally issued on November 15, 2011; 11 8,266,657, entitled “Method for Effectively Implementing a Multi-Room Television 12 System,” (“the ’657 patent”) which was duly and legally issued on September 11, 2012; 13 and 8,365,236, entitled “Personal Media Broadcasting System with Output Buffer,” (“the 14 ’236 patent”) which was duly and legally issued on January 29, 2013. A true and correct 15 copy of each of these patents is attached hereto as Exhibits A–F. 16 11. Collectively, the above-identified patents are hereinafter referred to as the “Asserted 17 Patents.” 18 MONSOON 19 12. On information and belief, Monsoon manufactures, uses, offers for sale, sells, or imports, 20 for example, the Vulkano Flow, Vulkano Flow LC, Vulkano Blast, Vulkano Lava, and 21 components of the Vulkano devices (collectively referred to hereinafter as the “Vulkano 22 Devices”), Titanium HD, Hava Titanium HD, Platinum HD, Hava Platinum HD, 23 HD, Hava Wireless HD, Titanium HD WIFI, Hava Titanium HD WIFI, and 24 components of the HAVA devices (collectively referred to hereinafter as the “Hava 25 Devices”). 26 13. Monsoon advertises on its product packaging that users can employ the Monsoon device 27 to “[r]ecord TV shows to Vulkano’s internal storage, for later viewing on TV, 28 3 SECOND AMENDED COMPLAINT FOR PATENT Case No. 4:13-cv-00074-YGR INFRINGEMENT

Case4:13-cv-00074-YGR Document40 Filed07/07/14 Page4 of 14

1 , iPad or Tablets.” Exhibit G. Monsoon further advertises on the same 2 packaging that users can “[s]chedule TV records to Vulkano’s storage, then transfer them 3 to your mobile from anywhere, to watch when convenient.” Exhibit G. 4 14. Monsoon includes a “Quick Start Guide” in its product packaging, for example, in the 5 product packaging for the “Vulkano Lava” device. Exhibit H. The “Quick Start Guide” 6 includes instructions for connecting the Vulkano device to a home network using Wi-Fi 7 or Ethernet. The “Quick Start Guide” further highlights certain features of the Vulkano 8 device, including the ability to “[w]atch live TV and schedule recordings on your 9 , Tablet, PC, Mac, or iPad.” Exhibit H. 10 15. Monsoon advertises on its website, at 11 http://www.myvulkano.com/products_volcano_lava.html, that the Vulkano devices 12 enable a user to view video at a remote location. For example, the website states that 13 “[t]he RemoteTV feature offered on the Vulkano Lava and Blast, lets you watch your 14 paid TV service on another TV (without service) anywhere in the world or in another 15 room inside your home.” Exhibit I. 16 16. Monsoon provides its users with access to a User Guide for the Vulkano devices, such as 17 the Vulkano Lava device located at 18 http://www.myvulkano.com/LavaBlastUserGuide.pdf. The User Guide indicates that 19 users “can use either a wired connection or a Wi-Fi connection to connect your Vulkano 20 to your home network.” Exhibit J. 21 17. The Vulkano User Guide includes instructions for downloading the Vulkano Player 22 software to remote or mobile devices such as a , iPhone, iPad, 23 Android, and Blackberry devices. Exhibit J. This software enables Monsoon’s users to 24 placeshift or remotely view from a number of different mobile or remote devices. 25 18. Upon information and belief, Monsoon and Monsoon’s users are employing the Monsoon 26 Devices and software to perform “placeshifting” media consumption by, for example, 27 watching live or recorded television on a mobile device at a remote location. 28 4 SECOND AMENDED COMPLAINT FOR PATENT Case No. 4:13-cv-00074-YGR INFRINGEMENT

Case4:13-cv-00074-YGR Document40 Filed07/07/14 Page5 of 14

1 19. Monsoon is not licensed to the Asserted Patents. 2 20. On information and belief, Monsoon either knew of the Asserted Patents or was willfully 3 blind in order to not become aware of the Asserted Patents. 4 21. At least as early as service of the Original Complaint, and likely prior to this date, 5 Monsoon had knowledge that it induces its users to perform at least the acts noted above 6 that constitute infringement of Sling Media’s rights in the Asserted Patents. 7 22. At least as early as service of the Original Complaint, and likely prior to this date, 8 Monsoon had knowledge that the Vulkano and Hava Devices are designed in a manner 9 that is both claimed by the Asserted Patents and infringes those Asserted Patents when 10 employed by Monsoon or Monsoon’s users. 11 23. Monsoon specifically intends that its users perform acts that constitute infringement as 12 evidenced, for example, by its offer for sale, sale, or importation of the Vulkano and 13 Hava Devices, as well as the instructions provided to its users by Monsoon as to the use 14 of the Vulkano and Hava Devices. 15 24. The Vulkano and Hava Devices, when operated as advertised or otherwise instructed, are 16 at least components of the claims of the Asserted Patents or directly practice the Asserted 17 Patents. 18 25. The Vulkano and Hava Devices, as evidenced by at least Monsoon’s advertising and 19 instructional materials, are not a staple article or commodity of commerce and do not 20 have a substantial non-infringing use. 21 26. The use of the Vulkano and Hava Devices, according to the instructions provided by 22 Monsoon, constitutes direct infringement of the Asserted Patents. 23 27. Monsoon thus actively encourages its users to employ the Vulkano and Hava Devices 24 and software, including the placeshifting features, to use the apparatuses and methods 25 claimed in the Asserted Patents. 26 28. Monsoon is also affirmatively intending to contribute to and actively induce the 27 infringement of the Asserted Patents by marketing, providing equipment and software 28 5 SECOND AMENDED COMPLAINT FOR PATENT Case No. 4:13-cv-00074-YGR INFRINGEMENT

Case4:13-cv-00074-YGR Document40 Filed07/07/14 Page6 of 14

1 for, and supporting use of the Vulkano and Hava Devices to practice the Asserted 2 Patents, knowing the Vulkano and Hava Devices to be especially made or especially 3 adapted for infringement of the Asserted Patents, and the Vulkano and Hava Devices are 4 not staple articles or commodities of commerce for a substantial noninfringing use, and 5 Monsoon encourages users to do so without leave or licenses of Sling Media, in violation 6 of Sling Media’s rights. 7 PRABHAT JAIN 8 29. Upon information and belief, Prabhat Jain has exerted and/or continues to exert total 9 domination and control over Monsoon at all times material to the claims asserted against 10 Monsoon herein through Prabhat Jain’s role either as an officer, director, individual 11 shareholder, and/or owner of Monsoon. Upon information and belief, Prabhat Jain is the 12 CEO of Monsoon and exclusively controls the operations of Monsoon. 13 30. At all times material to the claims alleged in this Complaint, Monsoon was and is a mere 14 instrumentality and/or alter ego of Prabhat Jain, which he utilized to engage in wrongful 15 conduct, including patent infringement. 16 31. Through his domination and control of Monsoon, Prabhat Jain has induced and continues 17 to induce Monsoon and Monsoon’s users to employ the Monsoon Devices and software 18 to perform “placeshifting” media consumption by, for example, watching live or recorded 19 television on a mobile device at a remote location. 20 32. The interests of justice require that Prabhat Jain be jointly and severally liable for the 21 infringement of Monsoon because upon information and belief Prabhat Jain has 22 transferred assets from Monsoon in order to insulate Monsoon from Sling Media’s claims 23 asserted in this Complaint after Sling Media filed its Original Complaint on January 7, 24 2013. For example, Monsoon has assigned its patents to related foreign entities in India. 25 See, e.g., Exhibits K and L. 26 33. Prabhat Jain is not licensed to the Asserted Patents. 27 28 6 SECOND AMENDED COMPLAINT FOR PATENT Case No. 4:13-cv-00074-YGR INFRINGEMENT

Case4:13-cv-00074-YGR Document40 Filed07/07/14 Page7 of 14

1 34. On information and belief, Prabhat Jain either knew of the Asserted Patents or was 2 willfully blind in order to not become aware of the Asserted Patents. 3 35. At least as early as service of the Original Complaint, and likely prior to this date, 4 Prabhat Jain had knowledge that he induces Monsoon and Monsoon’s users to perform at 5 least the acts noted above that constitute infringement of Sling Media’s rights in the 6 Asserted Patents. 7 36. At least as early as service of the Original Complaint, and likely prior to this date, 8 Prabhat Jain had knowledge that the Vulkano and Hava Devices are designed in a manner 9 that is both claimed by the Asserted Patents and infringes those Asserted Patents when 10 employed by Monsoon or Monsoon’s users. 11 37. Prabhat Jain specifically intends that Monsoon and Monsoon’s users perform acts that 12 constitute infringement as evidenced, for example, by Prabhat Jain’s domination and 13 control of Monsoon resulting in Monsoon’s offer for sale, sale, or importation of the 14 Vulkano and Hava Devices, as well as the instructions provided to its users by Monsoon 15 as to the use of the Vulkano and Hava Devices. 16 38. On information and belief, Prahbat Jain has communicated with and/or continues to 17 communicate with users of Monsoon’s Vulkano and Hava Devices in support of the 18 users’ continued infringement of the Asserted Patents. 19 39. The Vulkano and Hava Devices, when operated as advertised or otherwise instructed, are 20 at least components of the claims of the Asserted Patents or directly practice the 21 Asserted Patents. 22 40. The Vulkano and Hava Devices, as evidenced by at least Monsoon’s advertising and 23 instructional materials, are not a staple article or commodity of commerce and do not 24 have a substantial non-infringing use. 25 41. The use of the Vulkano and Hava Devices, according to the instructions provided by 26 Monsoon under the control of Prabhat Jain, constitutes direct infringement of the 27 Asserted Patents. 28 7 SECOND AMENDED COMPLAINT FOR PATENT Case No. 4:13-cv-00074-YGR INFRINGEMENT

Case4:13-cv-00074-YGR Document40 Filed07/07/14 Page8 of 14

1 42. Prabhat Jain thus actively encourages Monsoon and its users to employ the Vulkano and 2 Hava Devices and software, including the placeshifting features, to use the apparatuses 3 and methods claimed in the Asserted Patents. 4 43. Prabhat Jain is also affirmatively intending to contribute to and actively induce the 5 infringement of the Asserted Patents by Prabhat Jain’s domination and control of 6 Monsoon resulting in Monsoon’s marketing, providing equipment and software for, and 7 supporting use of the Vulkano and Hava Devices to practice the Asserted Patents, 8 knowing the Vulkano and Hava Devices to be especially made or especially adapted for 9 infringement of the Asserted Patents, and the Vulkano and Hava Devices are not staple 10 articles or commodities of commerce for a substantial noninfringing use, and Prabhat Jain 11 via Monsoon encourages users to do so without leave or licenses of Sling Media, in 12 violation of Sling Media’s rights. 13 FIRST CAUSE OF ACTION 14 INFRINGEMENT OF U.S. PATENT NO. 7,725,912 15 44. The allegations of paragraphs 1-43 are incorporated for this First Cause of Action as 16 though fully set forth herein. 17 45. Sling Media is the assignee and sole owner of all right, title, and interest in United States 18 Patent No. 7,725,912, entitled “Method for Implementing a Remote Display System with 19 Transcoding,” which was duly and legally issued on May 25, 2010. A true and correct 20 copy of the ’912 patent is attached hereto as Exhibit A. 21 46. Upon information and belief, Monsoon has been and is now infringing, inducing 22 infringement, and contributing to the infringement of the ’912 patent in this District and 23 elsewhere by making, using, selling, offering to sell, and importing devices into the 24 United States, including, for example, the Vulkano and HAVA families of devices, 25 covered by one or more claims of the ’912 patent, all to the injury of Sling Media. 26 47. Upon information and belief, Prabhat Jain has been and is now inducing infringement and 27 contributing to the infringement of the ’912 patent in this District and elsewhere by 28 8 SECOND AMENDED COMPLAINT FOR PATENT Case No. 4:13-cv-00074-YGR INFRINGEMENT

Case4:13-cv-00074-YGR Document40 Filed07/07/14 Page9 of 14

1 Prabhat Jain’s domination and control of Monsoon resulting in Monsoon’s making, 2 using, selling, offering to sell, and importing devices into the United States, including, for 3 example, the Vulkano and HAVA families of devices, covered by one or more claims of 4 the ’912 patent, all to the injury of Sling Media. 5 48. Defendants’ acts of infringement have injured and damaged Sling Media. 6 49. Defendants’ infringement has caused irreparable injury to Sling Media and will continue 7 to cause irreparable injury until Defendants are enjoined from further infringement by 8 this Court. 9 SECOND CAUSE OF ACTION 10 INFRINGEMENT OF U.S. PATENT NO. 7,877,776 11 50. The allegations of paragraphs 1-49 are incorporated for this Second Cause of Action as 12 though fully set forth herein. 13 51. Sling Media is the assignee and sole owner of all right, title, and interest in United States 14 Patent No. 7,877,776, entitled “Personal Media Broadcasting System,” which was duly 15 and legally issued on January 25, 2011. A true and correct copy of the ’776 patent is 16 attached hereto as Exhibit B. 17 52. Upon information and belief, Monsoon has been and is now infringing, inducing 18 infringement, and contributing to the infringement of the ’776 patent in this District and 19 elsewhere by making, using, selling, offering to sell, and importing devices into the 20 United States, including, for example, the Vulkano and HAVA families of devices, 21 covered by one or more claims of the ’776 patent, all to the injury of Sling Media. 22 53. Upon information and belief, Prabhat Jain has been and is now inducing infringement and 23 contributing to the infringement of the ’776 patent in this District and elsewhere by 24 Prabhat Jain’s domination and control of Monsoon resulting in Monsoon’s making, 25 using, selling, offering to sell, and importing devices into the United States, including, for 26 example, the Vulkano and HAVA families of devices, covered by one or more claims of 27 the ’776 patent, all to the injury of Sling Media. 28 9 SECOND AMENDED COMPLAINT FOR PATENT Case No. 4:13-cv-00074-YGR INFRINGEMENT

Case4:13-cv-00074-YGR Document40 Filed07/07/14 Page10 of 14

1 54. Defendants’ acts of infringement have injured and damaged Sling Media 2 55. Defendants’ infringement has caused irreparable injury to Sling Media and will continue 3 to cause irreparable injury until Defendants are enjoined from further infringement by 4 this Court. 5 THIRD CAUSE OF ACTION 6 INFRINGEMENT OF U.S. PATENT NO. 8,051,454 7 56. The allegations of paragraphs 1-55 are incorporated for this Third Cause of Action as 8 though fully set forth herein. 9 57. Sling Media is the assignee and sole owner of all right, title, and interest in United States 10 Patent No. 8,051,454, entitled “Personal Media Broadcasting System with Output 11 Buffer,” which was duly and legally issued on November 1, 2011. A true and correct 12 copy of the ’454 patent is attached hereto as Exhibit C. 13 58. Upon information and belief, Monsoon has been and is now infringing, inducing 14 infringement, and contributing to the infringement of the ’454 patent in this District and 15 elsewhere by making, using, selling, offering to sell, and importing devices into the 16 United States, including, for example, the Vulkano and HAVA families of devices, 17 covered by one or more claims of the ’454 patent, all to the injury of Sling Media. 18 59. Upon information and belief, Prabhat Jain has been and is now inducing infringement and 19 contributing to the infringement of the ’454 patent in this District and elsewhere by 20 Prabhat Jain’s domination and control of Monsoon resulting in Monsoon’s making, 21 using, selling, offering to sell, and importing devices into the United States, including, for 22 example, the Vulkano and HAVA families of devices, covered by one or more claims of 23 the ’454 patent, all to the injury of Sling Media. 24 60. Defendants’ acts of infringement have injured and damaged Sling Media. 25 61. Defendants’ infringement has caused irreparable injury to Sling Media and will continue 26 to cause irreparable injury until Defendants are enjoined from further infringement by 27 this Court. 28 10 SECOND AMENDED COMPLAINT FOR PATENT Case No. 4:13-cv-00074-YGR INFRINGEMENT

Case4:13-cv-00074-YGR Document40 Filed07/07/14 Page11 of 14

1 FOURTH CAUSE OF ACTION 2 INFRINGEMENT OF U.S. PATENT NO. 8,060,909 3 62. The allegations of paragraphs 1-61 are incorporated for this Fourth Cause of Action as 4 though fully set forth herein. 5 63. Sling Media is the assignee and sole owner of all right, title, and interest in United States 6 Patent No. 8,060,909, entitled “Personal Media Broadcasting System,” which was duly 7 and legally issued on November 15, 2011. A true and correct copy of the ’909 patent is 8 attached hereto as Exhibit D. 9 64. Upon information and belief, Monsoon has been and is now infringing, inducing 10 infringement, and contributing to the infringement of the ’909 patent in this District and 11 elsewhere by making, using, selling, offering to sell, and importing devices into the 12 United States, including, for example, the Vulkano and HAVA families of devices, 13 covered by one or more claims of the ’909 patent, all to the injury of Sling Media. 14 65. Upon information and belief, Prabhat Jain has been and is now inducing infringement and 15 contributing to the infringement of the ’909 patent in this District and elsewhere by 16 Prabhat Jain’s domination and control of Monsoon resulting in Monsoon’s making, 17 using, selling, offering to sell, and importing devices into the United States, including, for 18 example, the Vulkano and HAVA families of devices, covered by one or more claims of 19 the ’909 patent, all to the injury of Sling Media. 20 66. Defendants’ acts of infringement have injured and damaged Sling Media. 21 67. Defendants’ infringement has caused irreparable injury to Sling Media and will continue 22 to cause irreparable injury until Defendants are enjoined from further infringement by 23 this Court. 24 FIFTH CAUSE OF ACTION 25 INFRINGEMENT OF U.S. PATENT NO. 8,266,657 26 68. The allegations of paragraphs 1-67 are incorporated for this Fifth Cause of Action as 27 though fully set forth herein. 28 11 SECOND AMENDED COMPLAINT FOR PATENT Case No. 4:13-cv-00074-YGR INFRINGEMENT

Case4:13-cv-00074-YGR Document40 Filed07/07/14 Page12 of 14

1 69. Sling Media is the assignee and sole owner of all right, title, and interest in United States 2 Patent No. 8,266,657, entitled “Method for Effectively Implementing a Multi-Room 3 Television System,” which was duly and legally issued on September 11, 2012. A true 4 and correct copy of the ’657 patent is attached hereto as Exhibit E. 5 70. Upon information and belief, Monsoon has been and is now infringing, inducing 6 infringement, and contributing to the infringement of the ’657 patent in this District and 7 elsewhere by making, using, selling, offering to sell, and importing devices into the 8 United States, including, for example, the Vulkano and HAVA families of devices, 9 covered by one or more claims of the ’657 patent, all to the injury of Sling Media. 10 71. Upon information and belief, Prabhat Jain has been and is now inducing infringement and 11 contributing to the infringement of the ’657 patent in this District and elsewhere by 12 Prabhat Jain’s domination and control of Monsoon resulting in Monsoon’s making, 13 using, selling, offering to sell, and importing devices into the United States, including, for 14 example, the Vulkano and HAVA families of devices, covered by one or more claims of 15 the ’657 patent, all to the injury of Sling Media. 16 72. Defendants’ acts of infringement have injured and damaged Sling Media. 17 73. Defendants’ infringement has caused irreparable injury to Sling Media and will continue 18 to cause irreparable injury until Defendants are enjoined from further infringement by 19 this Court. 20 SIXTH CAUSE OF ACTION 21 INFRINGEMENT OF U.S. PATENT NO. 8,365,236 22 74. The allegations of paragraphs 1-73 are incorporated for this Sixth Cause of Action as 23 though fully set forth herein. 24 75. Sling Media is the assignee and sole owner of all right, title, and interest in United States 25 Patent No. 8,365,236, entitled “Personal Media Broadcasting System with Output 26 Buffer,” which was duly and legally issued on January 29, 2013. A true and correct copy 27 of the ’236 patent is attached hereto as Exhibit F. 28 12 SECOND AMENDED COMPLAINT FOR PATENT Case No. 4:13-cv-00074-YGR INFRINGEMENT

Case4:13-cv-00074-YGR Document40 Filed07/07/14 Page13 of 14

1 76. Upon information and belief, Monsoon has been and is now infringing, inducing 2 infringement, and contributing to the infringement of the ’236 patent in this District and 3 elsewhere by making, using, selling, offering to sell, and importing devices into the 4 United States, including, for example, the Vulkano and HAVA families of devices, 5 covered by one or more claims of the ’236 patent, all to the injury of Sling Media. 6 77. Upon information and belief, Prabhat Jain has been and is now inducing infringement and 7 contributing to the infringement of the ’236 patent in this District and elsewhere by 8 Prabhat Jain’s domination and control of Monsoon resulting in Monsoon’s making, 9 using, selling, offering to sell, and importing devices into the United States, including, for 10 example, the Vulkano and HAVA families of devices, covered by one or more claims of 11 the ’236 patent, all to the injury of Sling Media. 12 78. Defendants’ acts of infringement have injured and damaged Sling Media. 13 79. Defendants’ infringement has caused irreparable injury to Sling Media and will continue 14 to cause irreparable injury until Defendants are enjoined from further infringement by 15 this Court. 16 PRAYER FOR RELIEF 17 WHEREFORE, Plaintiff requests the following relief: 18 (a) a permanent injunction preventing Defendants and their officers, directors, agents, 19 servants, employees, attorneys, licensees, successors, assigns, users, and customers, and those in 20 active concert or participation with any of them, from making, using, or selling any devices that 21 infringe any claim of the Asserted Patents; 22 (b) damages in an amount to be determined at trial; 23 (c) costs and reasonable attorney fees incurred in connection with this action pursuant 24 to 35 U.S.C. § 285; 25 (d) that the Court pierce the corporate veil as to Monsoon and hold Prabhat Jain 26 jointly and severally liable on all claims in this action asserted against Monsoon; and 27 (e) such other and further relief as the Court deems appropriate. 28 13 SECOND AMENDED COMPLAINT FOR PATENT Case No. 4:13-cv-00074-YGR INFRINGEMENT

Case4:13-cv-00074-YGR Document40 Filed07/07/14 Page14 of 14

1 DEMAND FOR JURY TRIAL 2 Plaintiff demands a trial by jury to the extent permitted by applicable law. 3 4 Dated: July 7, 2014 FISH & RICHARDSON P.C. 5

6 By: /s/ Tamara Fraizer Tamara Fraizer 7 Tamara Fraizer (SBN 215942) 8 Fish & Richardson P.C. 500 Arguello Street, Suite 500 9 Redwood City, CA 94063 Tel: (650) 839-5070 10 Fax: (650) 839-5071 11 Of Counsel: (pro hac vice to be filed) 12 Ruffin B. Cordell Timothy W. Riffe 13 Adam R. Shartzer Fish & Richardson P.C. 14 1425 K Street, N.W., 11th Floor 15 Washington, DC 20005 Tel: 202-783-5070 16 Fax: 202-783-2331

17 Counsel for Plaintiff SLING MEDIA, INC. 18

19

20 21 22 23 24 25 26 27 28 14 SECOND AMENDED COMPLAINT FOR PATENT Case No. 4:13-cv-00074-YGR INFRINGEMENT