In the United States District Court for the District of Delaware

Home , Altice USA, Cablevision, Optimum (cable brand)

Case 1:18-cv-01919-UNA Document 1 Filed 12/03/18 Page 1 of 33 PageID #: 1

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

SPRINT COMMUNICATIONS COMPANY L.P., ) ) Plaintiff, ) C.A. No. ______) v. ) ) JURY TRIAL DEMANDED CEQUEL COMMUNICATIONS, LLC D/B/A ) SUDDENLINK COMMUNICATIONS, CSC ) HOLDINGS, LLC D/B/A OPTIMUM- ) CABLEVISION, AND ALTICE USA, INC. ) ) Defendants. ) )

COMPLAINT

Plaintiff Sprint Communications Company L.P. complains as follows against defendants

Cequel Communications, LLC d/b/a Suddenlink Communications (“Suddenlink

Communications”), CSC Holdings, LLC d/b/a Optimum-Cablevision (“CSC Holdings”), and

Altice USA, Inc. (“Altice USA”) (collectively, “Altice”).

THE PARTIES

1. Plaintiff Sprint Communications Company L.P. (“Sprint”) is a Limited

Partnership organized and existing under the laws of the State of Delaware, with its principal place of business at 6200 Sprint Parkway, Overland Park, Kansas 66251.

2. On information and belief, defendant Suddenlink Communications is a limited liability company organized and existing under the laws of the State of Delaware, with its principal place of business at 3015 S. Southeast Loop 323, Tyler, TX 75701.

3. On information and belief, defendant CSC Holdings is a limited liability company organized and existing under the laws of the State of Delaware, with its principal place of business at 1111 Stewart Ave., Bethpage, New York 11714.

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4. On information and belief, defendant Altice USA is a corporation organized and existing under the laws of the State of Delaware, with its principal place of business at 1 Court

Square W, Long Island City, New York 11101.

5. On information and belief, Altice and/or one or more of its affiliates provide or participate in providing video systems, products, and/or services, including Optimum TV, the

“Optimum” application, Suddenlink Television, the “Altice One” application, and other related products and services (“the Altice Branded Video-on-Demand Services”).

JURISDICTION

6. This is an action for patent infringement under the United States Patent Laws, 35

U.S.C. § 271, et. seq. This Court has subject matter jurisdiction over this action under 28 U.S.C.

§§ 1331 and 1338.

7. This Court has personal jurisdiction over Suddenlink Communications, CSC

Holdings, and Altice USA because each is organized under the laws of the State of Delaware and therefore may be fairly regarded as at home in this Judicial District.

VENUE

8. Venue is proper in this Court pursuant to 28 U.S.C. § 1400(b). Each Defendant is organized under the laws of the State of Delaware and therefore resides in this Judicial District pursuant to 28 U.S.C. § 1400(b).

JOINDER

9. Joinder of Suddenlink Communications, CSC Holdings, and Altice USA is proper under 35 U.S.C. § 299. The allegations of patent infringement contained herein arise out of the same series of transactions or occurrences relating to the making, using, offering for sale, and/or selling within the United States, and/or importing into the United States, of the same accused products or services.

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10. Common questions of fact relating to infringement will arise in this action. For example, common questions of fact regarding the design, development, and operation of

Defendants’ video services without Sprint’s permission will arise in this action, as well as common questions of fact concerning the defendants’ decision to implement infringing services.

11. Common questions of fact will exist as to damages resulting from Defendants’ willful infringement, including the profits and revenues derived by Defendants from selling, making, and/or using or operating Sprint’s patented technology.

12. On information and belief, common questions of fact and law will also likely exist with regard to Defendants’ defenses in this litigation, if any.

FACTUAL BACKGROUND

The Patents-In-Suit

13. Sprint Communications is the owner by assignment of all right, title, and interest in and to United States Patent No. 6,754,907 (“the ‘4,907 patent”) entitled “Remote Control of

Video-On-Demand System,” which duly and legally issued in the names of James Schumacher,

Mike O’Brien, and Jay Cee Straley on June 22, 2004. A true and correct copy of the ‘4,907 patent is attached to this Complaint as Exhibit A.

14. Sprint Communications is the owner by assignment of all right, title, and interest in and to United States Patent No. 6,757,907 (“the ‘7,907 patent”) entitled “Display Selection in a Video-On-Demand System,” which duly and legally issued in the names of James Schumacher,

Mike O’Brien, and Jay Cee Straley on June 29, 2004. A true and correct copy of the ‘7,907 patent is attached to this Complaint as Exhibit B.

15. The patents identified in Paragraphs 13–14 and attached as Exhibits A and B are herein collectively referred to as the “Asserted Patents.”

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Sprint’s Patented Video Technologies

16. Sprint has a long history of technological innovation, including revolutionary network design and leveraging the capabilities of the Internet and IP protocols. In the 1990s,

Sprint sought to leverage its technological expertise to improve the control and delivery of video content to consumers. While video systems were known before these patents were filed, conventional video systems suffered from numerous significant limitations that the patents addressed.

17. Specifically, the ‘7,907 and ‘4,907 patents describe, among other things, an enhanced video-on-demand system which transfers video content and control screen signals over a second communications system to a portable computer that can be used for control. See, e.g.,

Ex. A, ‘4,907 Patent at 1:30-43; Ex. B, ‘7,907 Patent at 1:39-55. The video-on-demand system also receives a control signal from the second communication system and, based on that signal, determines whether to transfer video-on-demand content to a first communication system which may be further connected to a television display set, for example, or a second communication system which may be further connected to a portable device (e.g., a cell phone or computer).

Altice

18. Upon information and belief, Altice provides video, high-speed Internet, and telephone services to both residential and commercial customers under a number of different brands. Upon information and belief, Altice USA is a leading national telecommunications, media, and entertainment company that provides its branded residential and business services to

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more than 4.9 million customers, including broadband, pay television, and telephony services in

21 different states.1

19. Upon information and belief, Altice USA is the parent company to Suddenlink

Communications, owns, and exercises control over Suddenlink Communications. Upon information and belief, Altice USA additionally provides Suddenlink with various services, including CEO, CFO, and COO services. Upon information and belief, Altice USA is also the parent company to CSC Holdings, owns, and exercises control over CSC Holdings. Upon information and belief, Altice USA additionally provides CSC Holdings with various services, including CEO, CFO, and COO services. Upon information and belief, Altice USA offers cable television services under a number of different brands, including the Suddenlink brand and the

Optimum brand.2

20. Upon information and belief, Altice has made, used, offered to sell, and/or sold, and continues to make, use, offer to sell, and/or sell a variety of video products and services, including Optimum TV, the “Optimum” application, Suddenlink Television, the “Altice One” application, and other related products and services (“the Altice Branded Video-on-Demand

Services”) in connection with Altice’s video systems, servers, and backend components and interfaces, without Sprint’s permission.

21. Upon information and belief, Altice has had knowledge of one or more of the

Asserted Patents and the infringing nature of its products since at least October 2018. For

1 See, e.g., Investors, Altice USA Profile, http://investors.alticeusa.com/investors/overview/default.aspx. 2 See, e.g., Our Brands, Altice USA, http://alticeusa.com/our-brands/ (“[Altice] offers Suddenlink-branded digital cable television, high-speed Internet and voice services to residential and business customers across the western, midwestern and southern states.”). Upon information and belief, these digital cable services may have previously been provided under different brands but are not materially different for the purposes of this Complaint.

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instance, on or around October 24, 2018, Sprint notified Altice that Sprint owned video-on- demand patents directed to enabling devices such as tablets or mobile phones to control whether video-on-demand content is displayed on a television screen or on the secondary device. Sprint specifically identified the ‘4,907 patent and the ‘7,907 patent as belonging to this category of patents, and Sprint specifically identified the Altice One App as appearing to use the inventions covered by these patents.

22. Altice’s knowledge of certain of the Asserted Patents notwithstanding, Altice continued to make, use, sell, and/or offer for sale its products and services that infringe Sprint’s intellectual property, all despite an objectively high likelihood that Altice’s actions constituted infringement of one or more valid patents. Upon information and belief, Altice either knew or should have known of such infringement of Sprint’s intellectual property rights. Additionally, after the filing of this action, Altice will have further knowledge of Sprint’s intellectual property rights. To the extent Altice’s infringement continues after the filing of this Complaint, it will be despite an objectively high likelihood of continued infringement.

The Accused Products and Services

23. Sprint accuses Altice’s video systems, products, and services in connection with, but not limited to, Optimum TV, the “Optimum” application, Suddenlink Television, the “Altice

One” application, and other related products and services (collectively, the “Altice Branded

Video-on-Demand Services”).

24. For example, in connection with Altice’s video service and architecture, and while using the Altice Branded Video-on-Demand Services, Altice operates an infringing video- on-demand system that infringes at least claim 1 of the ‘7,907 patent and claim 1 of the ‘4,907

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patent. Through these products and services, Altice enables its customers to discover, preview, control, and view video-on-demand information and content using portable devices:

See Optimum TV, Optimum, https://www.optimum.com/digital-cable-tv (last accessed Nov. 19, 2018).

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See Optimum, Google Play, https://play.google.com/store/apps/details?id=com.optimum.unity.mobile (last accessed Nov. 19, 2018).

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See Optimum, Google Play, https://play.google.com/store/apps/details?id=com.optimum.unity.mobile (last accessed Nov. 19, 2018).

See Altice One App, Suddenlink by Altice, https://suddenlink.com/altice-one-app (last accessed Nov. 19, 2018).

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See All It Takes Is One, Suddenlink by Altice, https://suddenlink.com/alticeone (last accessed Nov. 30, 2018).

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See Altice One, Google Play, https://play.google.com/store/apps/details?id=com.alticeusa.alticeone.prod (last accessed Nov. 19, 2018).

25. The Altice Branded Video-on-Demand Services, including Altice’s video-on- demand system, comprise a second communication interface configured to transfer control screen signals to a second communication system (e.g., the Internet):

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See Optimum TV, Optimum, https://www.optimum.com/digital-cable-tv (last accessed Nov. 19, 2018).

See Turn Any Device Into a TV, Optimum, https://www.optimum.com/digital-cable- tv/optimumapp (last accessed Nov. 19, 2018).

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See Turn Any Device Into a TV, Optimum, https://www.optimum.com/digital-cable- tv/optimumapp (last accessed Nov. 19, 2018).

See Optimum, Google Play, https://play.google.com/store/apps/details?id=com.optimum.unity.mobile (last accessed Nov. 19, 2018).

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See Optimum, Google Play, https://play.google.com/store/apps/details?id=com.optimum.unity.mobile (last accessed Nov. 19, 2018).

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See Optimum, Google Play, https://play.google.com/store/apps/details?id=com.optimum.unity.mobile (last accessed Nov. 19, 2018).

See Altice One App, Optimum by Altice, https://www.optimum.com/digital-cable-tv (last accessed Nov. 30, 2018).

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See Altice One App, Suddenlink by Altice, https://suddenlink.com/altice-one-app (last accessed Nov. 19, 2018).

See Altice One, Google Play, https://play.google.com/store/apps/details?id=com.alticeusa.alticeone.prod (last accessed Nov. 19, 2018).

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See All It Takes Is One, Suddenlink by Altice, https://suddenlink.com/alticeone (last accessed Nov. 30, 2018).

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See Altice One, Google Play, https://play.google.com/store/apps/details?id=com.alticeusa.alticeone.prod (last accessed Nov. 19, 2018).

26. In addition, the Altice Branded Video-on-Demand Services, including Altice’s video-on-demand system, comprise a second communication interface configured to receive a viewer or video control signal from the second communication system and to transfer video content or video signals (e.g., video content) to the second communication system (e.g., the

Internet):

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See Optimum TV, Optimum, https://www.optimum.com/digital-cable-tv (last accessed Nov. 19, 2018).

See Optimum, Google Play, https://play.google.com/store/apps/details?id=com.optimum.unity.mobile (last accessed Nov. 19, 2018).

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See Optimum, Google Play, https://play.google.com/store/apps/details?id=com.optimum.unity.mobile (last accessed Nov. 19, 2018).

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See Optimum, Google Play, https://play.google.com/store/apps/details?id=com.optimum.unity.mobile (last accessed Nov. 19, 2018).

See Altice One, Google Play, https://play.google.com/store/apps/details?id=com.alticeusa.alticeone.prod (last accessed Nov. 19, 2018).

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See All It Takes Is One, Suddenlink by Altice, https://suddenlink.com/alticeone (last accessed Nov. 30, 2018).

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See Altice One, Google Play, https://play.google.com/store/apps/details?id=com.alticeusa.alticeone.prod (last accessed Nov. 19, 2018).

27. On information and belief, the control screen signal and video signals or video content signals sent to the second communication system would be sent using a bandwidth (e.g., using IP or HTTP) that is less than the bandwidth used to transfer first video signals or video content signals (e.g., using MPEG 2 or MPEG 4 format) to the first communication system.

28. The Altice Branded Video-on-Demand Services, including Altice’s video-on- demand system, further comprise a first communication interface configured to transfer video signals or video content signals (e.g., VOD content) to a first communication system:

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See Optimum TV, Optimum, https://www.optimum.com/digital-cable-tv (last accessed Nov. 19, 2018).

See On Demand, Optimum, https://www.optimum.net/tv/on-demand/#/ (last accessed Nov. 19, 2018).

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See On Demand, Optimum by Altice, https://www.optimum.com/digital-cable-tv (last accessed Nov. 30, 2018).

See Altice One App, Suddenlink by Altice, https://suddenlink.com/altice-one-app (last accessed Nov. 19, 2018).

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See On Demand, Suddenlink by Altice, https://www.suddenlink.com/television (last accessed Nov. 30, 2018).

See Video on Demand, Suddenlink by Altice, https://www.suddenlink.com/vod (last accessed Nov. 19, 2018).

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See Video on Demand, Suddenlink by Altice, https://www.suddenlink.com/vod (last accessed Nov. 19, 2018).

29. On information and belief, the Altice Branded Video-on-Demand Services, including Altice’s video-on-demand system, comprise a processing system configured to transfer the control screen signal to the second communication interface, receive the video control signal from the second communication interface, implement a viewer-control selection indicated by a video control signal, and transfer video content signals or video signals to either the first communication interface or second communication interface, depending on which is indicated by the viewer control signal. See, e.g., supra at ¶¶ 25-28. See also:

See Optimum, Google Play, https://play.google.com/store/apps/details?id=com.optimum.unity.mobile (last accessed Nov. 19, 2018).

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Optimum App, YouTube, https://www.youtube.com/watch?v=OzhtEA_BxWk (last accessed Dec. 2, 2018).

See Altice One, Google Play, https://play.google.com/store/apps/details?id=com.alticeusa.alticeone.prod (last accessed Nov. 30, 2018).

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30. Furthermore, Altice operates a video system, including a video system that transfers or provides streaming video content to a viewer using the Optimum App or the Altice

One App, as noted above. See, e.g., supra ¶¶ 23-26.

COUNT 1: PATENT INFRINGEMENT (Infringement of U.S. Patent No. 6,754,907)

31. Sprint Communications realleges and incorporates by reference the allegations set forth in Paragraphs 1-30 above.

32. Each Defendant and/or one of its subsidiaries has been, and currently is, directly infringing at least claim 1 of the ‘4,907 patent by making, using, selling, and offering for sale video-on-demand systems, including the Altice Branded Video-on-Demand Services that infringe one or more claims of the ‘4,907 patent under 35 U.S.C. § 271(a). See, e.g., ¶¶ 24-30, supra.

33. For example, the Altice Branded Video-on-Demand Services had/have a first communication interface (e.g., interface to a cable service network) configured to transfer video content signals to a first communication system. See, e.g., ¶ 28, supra. The Altice Branded

Video-on-Demand Services had/have a second communication interface (e.g., interface to network providing Internet service) configured to transfer the video content signals to a second communication system, transfer a control screen signal to the second communication system, and receive a video control signal from the second communication system. See, e.g., ¶¶ 25-26, supra. The Altice Branded Video-on-Demand Services had/have a processing system configured to transfer the control screen signal to the second communication interface, receive the video control signal from the second communication interface, implement a viewer-control selection indicated by the video control signal, and transfer the video content signals to the first communication interface if the first communication interface is indicated by the video control

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signal received from the second communication interface or transfer the video content signals to the second communication interface if the second communication interface is indicated by the video control signal. See, e.g., ¶¶ 25-29, supra.

34. Upon information and belief, Altice has willfully infringed and continues to willfully infringe at least claim 1 of the ‘4,907 patent. See, e.g., ¶¶ 21-22, supra.

35. Upon information and belief, Altice’s infringement of the ‘4,907 patent will continue unless enjoined by this Court.

36. As a direct and proximate consequence of Altice’s infringement of the ‘4,907 patent, Sprint Communications has suffered and will continue to suffer irreparable injury and damages in an amount not yet determined for which Sprint Communications is entitled to relief.

COUNT 2: PATENT INFRINGEMENT (Infringement of U.S. Patent No. 6,757,907)

37. Sprint Communications realleges and incorporates by reference the allegations set forth in Paragraphs 1-36 above.

38. Each Defendant and/or one of its subsidiaries has been, and currently is, directly infringing at least claim 1 the ‘7,907 patent by making, using, selling, and offering for sale video-on-demand systems, including the Altice Branded Video-on-Demand Services, that infringe one or more claims of the ‘7,907 patent under 35 U.S.C. § 271(a). See, e.g., ¶¶ 24-30, supra.

39. For example, the Altice Branded Video-on-Demand Services had/have a first communication interface (e.g., interface to a cable service network) configured to transfer first video signals to a first communication system using a first bandwidth. See, e.g., ¶ 28, supra. On information and belief, Altice’s Accused Products and Services had/have a second communication interface (e.g., interface to network providing Internet service) configured to

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transfer a control screen signal and second video signals to a second communication system using a second bandwidth that is less than the first bandwidth. See, e.g., ¶¶ 25-27, supra. The

Altice Branded Video-on-Demand Services had/have a processing system configured to transfer the control screen signal to the second communication interface, receive a viewer control signal from the second communication interface, and transfer the first video signals to the first communication interface if the first communication system is indicated by the viewer control signal or transfer the second video signals to the second communication interface if the second communication system is indicated by the viewer control signal. See, e.g., ¶¶ 25-29, supra.

40. Upon information and belief, Altice has willfully infringed and continues to willfully infringe at least claim 1 of the ‘7,907 patent. See, e.g., ¶¶ 21-22, supra.

41. Upon information and belief, Altice’s infringement of the ‘7,907 patent will continue unless enjoined by this Court.

42. As a direct and proximate consequence of Altice’s infringement of the ‘7,907 patent, Sprint Communications has suffered and will continue to suffer irreparable injury and damages in an amount not yet determined for which Sprint Communications is entitled to relief.

PRAYER FOR RELIEF

Wherefore, Sprint requests entry of judgment in its favor and against Altice as follows:

A. Judgment that Altice has directly infringed one or more claims of the Asserted

Patents;

B. A permanent injunction restraining and enjoining Altice, and its respective officers, agents, servants, employees, attorneys, and those persons in active concert or participation with Altice who receive actual notice of the order by personal service or otherwise,

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from any further sales or use of its infringing products and/or services and any other infringement of the Asserted Patents, whether direct or indirect;

C. An award of damages to compensate Sprint for Altice’s infringement, including damages pursuant to 35 U.S.C. § 284, as well as prejudgment and post-judgment interest;

D. An award of costs and expenses in this action, including an award of Sprint’s reasonable attorneys’ fees pursuant to 35 U.S.C. § 285;

E. A finding that Altice has willfully infringed and is willfully infringing one or more claims of one or more of the Asserted Patents;

F. A finding that this is an exceptional case, award treble damages due to Altice’s deliberate and willful conduct, and order Altice to pay Sprint’s costs of suit and attorneys’ fees; and

G. For such other and further relief as the Court may deem just, proper, and equitable under the circumstances.

DEMAND FOR A JURY TRIAL

Sprint respectfully demands a trial by jury on all claims and issues so triable.

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POLSINELLI PC

/s/ Shanti M. Katona Of Counsel: Shanti M. Katona (Del. Bar No. 5352) B. Trent Webb Christina M. Belitz (Del. Bar No. 6135) Aaron E. Hankel 222 Delaware Avenue, Suite 1101 Ryan D. Dykal Wilmington, DE 19801 Ryan Schletzbaum T: 302-252-0924 SHOOK, HARDY & BACON L.L.P. [email protected] 2555 Grand Boulevard [email protected] Kansas City, MO 64108 T: 816-474-6550 Attorneys for Plaintiff Sprint Communications [email protected] Company L.P. [email protected] [email protected] [email protected]

Robert H. Reckers SHOOK, HARDY & BACON L.L.P JP Morgan Chase Tower 600 Travis Street, Suite 3400 Houston, TX 77002-2926 T: 713-227-8008 [email protected]

Dated: December 3, 2018

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