Case 5:19-cv-06990-VKD Document 1 Filed 10/25/19 Page 1 of 114

1 MARC BELLOLI (SBN 244290) [email protected] 2 M. ELIZABETH DAY (SBN 177125) 3 [email protected] DAVID ALBERTI (SBN 220265) 4 [email protected] FEINBERG DAY KRAMER ALBERTI 5 LIM TONKOVICH & BELLOLI LLP 1600 El Camino Real, Suite 280 6 Menlo Park, CA 94025 7 Tel: 650.618.4360/Fax: 650.618.4368 8 George I. Lee (pro hac vice to be filed) [email protected] 9 Sean M. Sullivan (pro hac vice to be filed) [email protected] 10 Michael P. Boyea (pro hac vice to be filed) 11 [email protected] Cole B. Richter (pro hac vice to be filed) 12 [email protected] Jae Y. Pak (pro hac vice to be filed) 13 [email protected] LEE SULLIVAN SHEA & SMITH LLP 14 656 W Randolph St, Floor 5W 15 Chicago, IL 60661 Tel: (312) 754-0002/Fax: (312) 754-0003 16 Attorneys for Plaintiff Corrino Holdings LLC 17 UNITED STATES DISTRICT COURT 18 19 FOR THE NORTHERN DISTRICT OF CALIFORNIA 20 CORRINO HOLDINGS LLC, Case No. 3:19-cv-06990 21 Plaintiff, 22 COMPLAINT FOR PATENT 23 v. INFRINGEMENT 24 BOOKING HOLDINGS INC, JURY TRIAL DEMANDED 25 Defendant. 26 27 28 Case 5:19-cv-06990-VKD Document 1 Filed 10/25/19 Page 2 of 114

1 COMPLAINT FOR PATENT INFRINGEMENT 2 Plaintiff Corrino Holdings LLC (“Corrino” or “Plaintiff”) hereby asserts the following 3 claims for patent infringement against Defendant Booking Holdings Inc. (“Booking Holdings” 4 or “Defendant”), and alleges as follows: 5 SUMMARY 6 1. Corrino owns United States Patent Nos. 6,457,009, 6,741,188, 7,385,501, 7 7,716,149, 7,847,685, 7,958,104, and 9,262,533 (collectively, the “Patents-in-Suit”). 8 2. Booking Holdings infringes the Patents-in-Suit by implementing, without 9 authorization, Corrino’s proprietary technologies in a number of its commercial products and 10 services throughout its brands, including, inter alia, the www.Booking.com website, 11 Booking.com mobile application, and Pulse mobile application, the www.Kayak.com website 12 and Kayak mobile application, the www.Priceline.com website and Priceline mobile application, 13 the www.Rentalcars.com website and Rentalcars mobile application, the www.Agoda.com 14 website and Agoda mobile application, and the www.OpenTable.com website and OpenTable 15 mobile application, which are marketed, offered, and distributed to users of mobile and other 16 devices by Booking Holdings throughout the United States, including in this District. 17 3. By this action, Corrino seeks to obtain compensation for the harm Corrino has 18 suffered as a result of Booking Holdings’ unauthorized implementation of Corrino’s patented 19 technologies. 20 NATURE OF THE ACTION

21 4. This is a civil action for patent infringement arising under the patent laws of the 22 United States, 35 U.S.C. § 1 et seq. 23 5. Booking Holdings has infringed and/or continues to infringe, has induced and/or 24 continues to induce infringement of, and/or has contributed to and/or continues to contribute to 25 infringement of one or more claims of each of Corrino’s Patents-in-Suit at least by making, using, 26 selling, and/or offering to sell its products and services for mobile and other devices in the United 27 States, including in this District. 28

1

Case 5:19-cv-06990-VKD Document 1 Filed 10/25/19 Page 3 of 114

1 6. Corrino is the legal owner by assignment of the Patents-in-Suit, which were duly 2 and legally issued by the United States Patent and Trademark Office (“USPTO”). 3 INTRADISTRICT ASSIGNMENT 4 7. Pursuant to Local Rule 3-2(c), this case is subject to district-wide assignment 5 because it is an Intellectual Property Action. 6 THE PARTIES 7 8. Plaintiff Corrino Holdings LLC is a Texas limited liability company with its 8 principal place of business at 17330 Preston Road, Suite 200, Dallas, Texas 75252. Corrino is 9 the owner of intellectual property rights at issue in this action. 10 9. Defendant Booking Holdings is a Delaware corporation with a principal place of 11 business at 800 Connecticut Avenue, Norwalk, Connecticut 06854. On information and belief, 12 Booking Holdings maintains at least one regular and established place of business in this District 13 via its office located at 101 Mission St #800, San Francisco, California, 94105. 14 10. Booking Holdings offers online travel and restaurant searching and reservation 15 products and services, including the infringing products and services, throughout the United 16 States, including in this District. In particular, Booking Holdings markets and provides these 17 products and services through six widely-used and recognized e-commerce brands: (1) 18 “Booking.com,” which includes the www.Booking.com website, Booking.com mobile 19 application, and Pulse mobile application, (2) “KAYAK,” which include the www.Kayak.com 20 website and Kayak mobile application, (3) “Priceline,” which includes the www.Priceline.com

21 website and Priceline mobile application, (4) “Rentalcars.com,” which includes the 22 www.Rentalcars.com website and Rentalcars mobile application, (5) “Agoda,” which includes 23 the www.Agoda.com website and Agoda mobile application, and (6) “OpenTable,” which 24 includes the www.OpenTable.com website and OpenTable mobile application. See 25 https://ir.bookingholdings.com/node/24076/html, pp. 1-4 (“We operate six primary brands: . . . 26 Booking.com . . . KAYAK . . . priceline . . . agoda . . . Rentalcars.com . . . OpenTable . . . We 27 connect consumers wishing to make travel reservations with providers of travel services around 28 the world through our online platforms. Through one or more of our brands, consumers can: book

2

Case 5:19-cv-06990-VKD Document 1 Filed 10/25/19 Page 4 of 114

1 a broad array of accommodations (including hotels, motels, resorts, homes, apartments, bed and 2 breakfasts, hostels and other properties); make a car rental reservation or arrange for an airport 3 taxi; make a dinner reservation; or book a cruise, flight, vacation package, tour or activity. 4 Consumers can also use our meta-search services to easily compare travel reservation 5 information, such as airline ticket, hotel reservation and rental car reservation information, from 6 hundreds of online travel platforms at once. In addition, we offer various other services to 7 consumers, such as certain insurance products and restaurant management services to 8 restaurants.”); see also https://www.bookingholdings.com/about/factsheet/; 9 https://ir.bookingholdings.com/investor-relations. 10 11. Booking Holdings operates these brands as a single business entity that it controls. 11 See https://ir.bookingholdings.com/node/24076/html, pp. 1-4 (“We refer to our company and all 12 of our subsidiaries and brands collectively as "Booking Holdings," the "Company," "we," "our" 13 or "us.”). In particular, Booking Holdings explains:

14 The Booking Holdings Strategy

15 We aim to achieve our mission to help people experience the world through global leadership in online travel and restaurant reservation and related 16 services by: • providing consumers with the best choices and prices at any time, 17 in any place, on any device; • making it easy for people to find, book and experience their travel 18 desires; and • providing platforms, tools and insights to our business partners to 19 help them be successful. 20 Id. Booking Holdings considers employees of its brands to be employees of Booking Holdings

21 and revenues collected by its brands to be Booking Holdings’ revenues. Id. at 14 (“The number 22 of our employees worldwide has grown from approximately 9,500 at December 31, 2013 to 23 approximately 24,500 at December 31, 2018 . . . expansion increases the complexity of our 24 business and places additional strain on our management, operations, technical performance, 25 financial resources and internal control and financial reporting functions.”); id. at 2 (“For the year 26 ended December 31, 2018, we had revenues of $14.5 billion comprised of ‘agency’ revenues, 27 ‘merchant’ revenues and ‘advertising and other’ revenues.”). 28

3

Case 5:19-cv-06990-VKD Document 1 Filed 10/25/19 Page 5 of 114

1 12. Booking Holdings provides, operates, and controls the infringing online travel and 2 restaurant searching and reservation products and services utilized by its brands. In particular, 3 back-end servers, computing systems, user information, and other technology are provided, 4 operated, and controlled by Booking Holdings and are connected and/or shared amongst the 5 Booking Holdings brands. For instance, Booking Holdings explains “we aim to be the world 6 leader in online travel and restaurant reservation and related services by . . . operating multiple 7 brands that collaborate with each other.” Id. Booking Holdings explains further:

8 Our business is supported by multiple systems and platforms, which were designed with an emphasis on scalability, performance, reliability, 9 redundancy and security. These systems and platforms are generally independent among our brands, though some have become increasingly 10 connected or shared. . .

11 [W]e employ a strategy of operating multiple brands, which we believe allows us the opportunity to offer our services in ways that appeal to 12 different consumers, pursue different marketing and business strategies, encourage experimentation and innovation, provide different service 13 offerings and focus on different markets, while benefiting all of our brands from opportunities to share best practices and learnings and to collaborate . 14 . . We believe that by promoting our brands worldwide, sharing travel service reservation availability and customer demand, and applying our 15 industry experiences across brands and markets, we can more effectively expand our services globally and maintain and grow our position as a 16 leading provider of worldwide online travel and restaurant reservation and related services. 17 Id. at 4-6. 18 13. Thus, Booking Holdings directly and/or indirectly develops, designs, 19 manufactures, distributes, markets, offers to sell and/or sells infringing products and services in 20 the United States, including in the Northern District of California, and otherwise purposefully 21 directs infringing activities to this District in connection with its products and services. 22 JURISDICTION AND VENUE 23 24 14. As this is a civil action for patent infringement arising under the patent laws of the 25 United States, 35 U.S.C. § 1 et seq., this Court has subject matter jurisdiction over the matters 26 asserted herein under 28 U.S.C. §§ 1331 and 1338(a). 27 15. This Court has personal jurisdiction over Bookings Holdings because Bookings 28 Holdings has (1) availed itself of the rights and benefits of the laws of the State of California, (2)

4

Case 5:19-cv-06990-VKD Document 1 Filed 10/25/19 Page 6 of 114

1 transacted, conducted, and/or solicited business and engaged in a persistent course of conduct in 2 the State of California (and in this District), (3) derived substantial revenue from the sales and/or 3 use of its infringing products and services, such as the www.Booking.com website, Booking.com 4 mobile application, and Pulse mobile application, the www.Kayak.com website and Kayak 5 mobile application, the www.Priceline.com website and Priceline mobile application, the 6 www.Rentalcars.com website and Rentalcars mobile application, the www.Agoda.com website 7 and Agoda mobile application, and the www.OpenTable.com website and OpenTable mobile 8 application, in the State of California (and in this District), (4) purposefully directed activities 9 (directly and/or through intermediaries), such as shipping, distributing, offering for sale, selling, 10 marketing, and/or advertising its products and services, at residents of the State of California (and 11 residents in this District), (5) delivered its products and services into the stream of commerce with 12 the expectation that the such products and services will be used and/or purchased by consumers in 13 the State of California (and in this District), and (6) committed acts of patent infringement in the 14 State of California (and in this District). 15 16. In particular, Booking Holdings has committed and continues to commit acts of 16 infringement in violation of 35 U.S.C. § 271, and has made, used, marketed, distributed, offered 17 for sale, sold, and/or imported infringing products and services in/into the State of California, 18 including in this District, and engaged in infringing conduct within and directed at or from this 19 District. For example, Booking Holdings has purposefully and voluntarily placed its brands’ 20 respective websites and mobile applications into the stream of commerce with the expectation

21 that such websites and mobile applications will be used in this District. Booking Holdings’ 22 websites and mobile applications have been and continue to be distributed to and used in this 23 District. Booking Holdings’ acts cause and have caused injury to Corrino, including within this 24 District. 25 17. This Court also has personal jurisdiction over Booking Holdings because it is 26 registered to do business in California and has a regular and established place of business in the 27 Northern District of California. 28

5

Case 5:19-cv-06990-VKD Document 1 Filed 10/25/19 Page 7 of 114

1 18. Venue is proper in this District under the provisions of 28 U.S.C. §§ 1391(b) and 2 (c) and 28 U.S.C. § 1400(b). 3 PATENTS-IN-SUIT 4 The ‘009 Patent 5 19. U.S. Patent No. 6,457,009 (“the ‘009 Patent”) is entitled “Method of searching 6 multiple[] Internet resident databases using search fields in a generic form” and was issued on 7 September 24, 2002. A true and correct copy of the ‘009 Patent is attached as Exhibit A. 8 20. The ‘009 Patent was filed on November 9, 1998 as U.S. Patent Application No. 9 09/189,058. 10 21. Corrino is the owner of all rights, title, and interest in and to the ‘009 Patent, with 11 the full and exclusive right to bring suit to enforce the ‘009 Patent, including the right to recover 12 for past infringement. 13 22. The ‘009 Patent is valid and enforceable under United States Patent Laws. 14 23. The ‘009 Patent recognized problems with existing search engine technology. For 15 example, the ‘009 Patent recognized that “[t]raditionally search engines did not try to fit sites into 16 categories, but let the indexing of words sift out the sites of interest individually for each search.” 17 Exhibit A at 1:39-41. 18 24. As another example, the ‘009 Patent recognized problems with traditional search 19 engine technology in the travel and lodging context. For instance, the ‘009 Patent recognized 20 that traditional search engine technology in the travel and lodging context required complex

21 navigation by a user. More specifically, traditional search engine technology required a user to 22 sift through multiple pages and various lists of titles and web site names before finally choosing 23 a target travel or lodging entity to query. Id. at 1:67-2:22. To ultimately search a database of a 24 chosen travel or lodging entity with traditional search engine technology, a particular query form 25 corresponding to the chosen entity’s database would be displayed to a user who would then enter 26 information into that particular query form and submit the filled-out form to initiate the query. 27 Id. at 2:1-22. 28

6

Case 5:19-cv-06990-VKD Document 1 Filed 10/25/19 Page 8 of 114

1 25. The ‘009 Patent recognized another problem with traditional search engine 2 technology in that “[d]atabase forms, even in the same category, tend to use different field names 3 for each field of the form.” Id. at 2:14-15. The ‘009 Patent expounded upon this problem in the 4 travel context as follows:

5 To get flight information for each airline, one would have to select the airline’s query form from the list and fill out the form for that airline. Each 6 subsequent airline to be queried requires re-entering the information into the form for that airline. The problem is that all forms are different and with 7 present technology need to be filled in separately in order to submit a query. 8 Id. at 2:15-22. 9 26. In this regard, the ‘009 Patent explained that there were various needs and desires 10 with respect to existing search engine technology at the time of the inventions of the ‘009 Patent. 11 For instance, existing search engine technology failed to provide (i) “a way to build a specific 12 HTML form from a database of translations that translate from a ‘Uniform Field Name’ to the 13 actual name or field code used by a specific database,” (ii) the ability “to generate each separate 14 HTML form and to automatically rebuild multiple forms given a generic form so that multiple 15 queries can be made from filling out just the one generic form,” (iii) the ability to, “[o]nce the 16 specific HTML forms have been generated, … arrange the elements on screen such that multiple 17 queries to different databases can be made from one generic form, without having to re-enter the 18 information into the different forms for each database,” and (iv) the ability “to view multiple 19 possible responses to a given kind of query submitted to a number of different databases.” Id. at 20 2:23-39.

21 27. The claimed inventions of the ‘009 Patent are directed to technology that helps 22 address these needs and desires. Indeed, as explained by the ‘009 Patent, “[t]he invention has the 23 advantage [over then-existing search engine technologies in] that it enables many databases to be 24 accessed from a browser using just one standard input form that is valid across many related 25 databases.” Id. at 3:21-24. 26 27 28

7

Case 5:19-cv-06990-VKD Document 1 Filed 10/25/19 Page 9 of 114

1 The Inventions Claimed in the ‘009 Patent Improved Technology & 2 Were Not Well-Understood, Routine, or Conventional 3 28. Given the state of the art at the time of the inventions of the ‘009 Patent, including 4 the deficiencies in search engine technology of the time, the inventive concepts of the ‘009 Patent 5 cannot be considered to be conventional, well-understood, or routine. See, e.g., ‘009 Patent at 6 2:1-39, 3:21-24. The ‘009 Patent discloses an unconventional solution to problems that arose in 7 search engine technology of the time – namely, that such technology was inefficient, burdensome 8 to use from a user’s perspective, and required filling in respective entity-specific query forms 9 (that often differed from entity to entity) to facilitate querying those entities, thereby undercutting 10 the effectiveness of using a computer as a means to submit search queries. See, e.g., id. In this 11 regard, the inventions of the ‘009 Patent provided underlying technology that facilitated a more 12 intuitive, “user friendly” user interface for searching across multiple databases, which was not 13 provided by search engine technology of the time. See, e.g., id. 14 29. Indeed, it was not well-understood, routine, or conventional at the time of the 15 inventions of the ‘009 Patent to have search engine technology capable of (i) storing, in a database 16 of databases, at least one specific search field used to query a remote database from within a given 17 category of searchable remote databases and (ii) creating translations from each uniform field 18 name of one generic form to actual names of specific search fields used by the remote database. 19 See, e.g., ‘009 Patent at Claim 1; Notice of Allowance, p.2 (dated Apr. 12, 2002). 20 30. Further yet, it was not well-understood, routine, or conventional at the time of the

21 inventions of the ‘009 Patent to have search engine technology capable of (i) arranging a generic 22 form for a given category of searchable remote databases and a number of unique indicia on a 23 browser in response to a selection by a user of the given category and (ii) utilizing software at the 24 browser to populate specific search fields used to query a remote database in response to a 25 selection by the user of a unique indicia corresponding to the remote database. See, e.g., ‘009 26 Patent at Claim 1. It was not well-understood, routine, or conventional at the time of the 27 inventions of the ‘009 Patent to have search engine technology capable of performing these 28 functions in combination with (i) displaying results returned from a query on screen in a target

8

Case 5:19-cv-06990-VKD Document 1 Filed 10/25/19 Page 10 of 114

1 window and/or (ii) contemporaneously with a selection by the user of a unique indicia 2 corresponding to the remote database, a macro generator creating JavaScript and an HTML form 3 needed to generate a remote query including a specific search form. See, e.g., id. at Claims 2-4. 4 31. Moreover, it was not well-understood, routine, or conventional at the time of the 5 inventions of the ‘009 Patent to have search engine technology capable of (i) establishing a 6 generic HTML form made up of a number (n) of uniform fields sufficient for a query of a remote 7 database and (ii) building a specific HTML form by (a) selecting the ith field of a retrieved number 8 (m) of fields involved in a query of the remote database, (b) upon a condition that the ith field is 9 a uniform field, generating JavaScript to update the ith input from a jth generic field of the generic 10 HTML form, and (c) upon a condition that said ith field is not a uniform field, generating a hidden 11 HTML input in the specific HTML form for the ith field. See, e.g., ‘009 Patent at Claims 5, 16; 12 Notice of Allowance, p.2 (dated Apr. 12, 2002). It was not well-understood, routine, or 13 conventional at the time of the inventions of the ‘009 Patent to have search engine technology 14 capable of performing these functions in combination with (i) changing i to i+1 to select a next 15 field of the retrieved number of fields and repeating the aforementioned building and changing 16 functions until the number of fields is depleted and/or (ii) associating the specific HTML form 17 with a unique indicia. See, e.g., ‘009 Patent at Claims 7-10, 16. It was not well-understood, 18 routine, or conventional at the time of the inventions of the ‘009 Patent to have search engine 19 technology capable of performing the aforementioned functions in combination with (i) repeating 20 the aforementioned functions for a plurality of remote databases resulting in a specific HTML

21 form and a unique indicia for each remote database in the plurality of remote databases and (ii) 22 displaying unique indicia and the generic HTML form in a window of a browser by arranging a 23 plurality of the unique indicia from which multiple database queries from the generic HTML 24 form being initiated by selecting corresponding indicia. See, e.g., id. at Claim 17. 25 32. Further yet, it was not well-understood, routine, or conventional at the time of the 26 inventions of the ‘009 Patent to have search engine technology capable of displaying unique 27 indicia and a generic HTML form in a window of a browser and submitting a specific HTML 28 form to a corresponding remote database in response to a user selecting the unique indicia. See,

9

Case 5:19-cv-06990-VKD Document 1 Filed 10/25/19 Page 11 of 114

1 e.g., id. at Claim 16. It was not well-understood, routine, or conventional at the time of the 2 inventions of the ‘009 Patent to have search engine technology capable of performing these 3 functions in which submitting the specific HTML form involves creating JavaScript and an 4 HTML form needed to generate a remote query, including a specific search form, 5 contemporaneously with selecting the unique indicia. See, e.g., id. at Claims 20-22. 6 33. It was also not well-understood, routine, or conventional at the time of the 7 inventions of the ‘009 Patent to have search engine technology capable of, at said browser, 8 translating search data entered in a generic HTML data input form into a particular search FORM 9 compatible with a particular internet resident database in response to a user having selected a 10 corresponding indicia. See, e.g., ‘009 Patent at Claim 11; Notice of Allowance, p.3 (dated Apr. 11 12, 2002); see also, e.g., ‘009 Patent at Claim 1. It was not well-understood, routine, or 12 conventional at the time of the inventions of the ‘009 Patent to have search engine technology 13 capable of performing these functions in combination with (i) displaying a generic HTML data 14 input form in a first window of an Internet browser, (ii) displaying, on the browser, first indicia 15 representing a first database and second indicia representing a second database of a number of 16 Internet resident databases, (iii) after the translating function in response to the first or second 17 indicia being selected, initiating a search of the corresponding database with the corresponding 18 particular search FORM, and (iv) displaying data returned from the corresponding database as a 19 result of the search in a different window of the browser. See, e.g., id. at Claims 12-14, 17-19. 20 34. These are just exemplary reasons why the inventions claimed in the ‘009 Patent

21 were not well-understood, routine, or conventional at the time of their invention. 22 35. Consistent with the problems addressed being rooted in search engine technology, 23 the ‘009 Patent’s solutions naturally are also rooted in that same technology and cannot be 24 performed solely by a human. Indeed, at least because the ‘009 Patent’s claimed solutions 25 address problems rooted in search engine technology and involve functions not previously 26 performed by humans, these solutions are not merely drawn to longstanding human activities. 27 28

10

Case 5:19-cv-06990-VKD Document 1 Filed 10/25/19 Page 12 of 114

1 The ‘104 Patent 2 36. U.S. Patent No. 7,958,104 (“the ‘104 Patent”) is entitled “Context based data 3 searching,” and was issued on June 7, 2011. A true and correct copy of the ‘104 Patent is attached 4 as Exhibit B. 5 37. The ‘104 Patent was filed on March 6, 2008 as U.S. Patent Application No. 6 12/043,889 and claims priority to Provisional Application No. 60/893,831, which was filed on 7 March 8, 2007. 8 38. Corrino is the owner of all rights, title, and interest in and to the ‘104 Patent, with 9 the full and exclusive right to bring suit to enforce the ‘104 Patent, including the right to recover 10 for past infringement. 11 39. The ‘104 Patent is valid and enforceable under United States Patent Laws. 12 40. The ‘104 Patent recognized problems with conventional approaches to processing 13 search requests over communication networks. In particular, the ‘104 Patent explains that, at the 14 time of the invention of the ‘104 Patent, “information and knowledge have been digitally 15 aggregated on a large scale in electronic based repositories.” ‘104 Patent at 1:20-22. Such 16 repositories were typically “globally made available to the human populous via communications 17 networks, such as the Internet,” and included collections of electronic documents, such as web 18 pages. Id. at 22-25. The ‘104 Patent explains that although these networks employed some basic 19 level of organization, such as by categorizing web pages by “keywords, subjects, and other 20 relationships,” the conventional searching process was insufficient. Id. at 24-30. Indeed, as the

21 inventors discovered, “[c]onventional search” techniques “often fail[ed] to properly interpret or 22 understand the particular information desired by users,” and as a result, were “tedious and 23 inconvenient.” Id. at 26-32. 24 41. In this regard, the inventors of the ‘104 Patent recognized the deficiencies with 25 the conventional technological approaches to conducting searches of information repositories 26 across communications networks and sought “to improve the information search techniques” 27 used in certain technological environments, such as “network environments.” Id. at 30-34. 28 Accordingly, the ‘104 Patent provides an improvement to the “organizational and computational

11

Case 5:19-cv-06990-VKD Document 1 Filed 10/25/19 Page 13 of 114

1 technique” for carrying out searches across communications networks. Id. at 2:50-61. The ‘104 2 Patent explains that “[i]n various implementations, a context based search engine in accordance 3 with the present disclosure” can conduct searches that make “more efficient” use of the 4 communication network by first associating specific kinds of data objects with both the 5 information available in the communications network and the network devices in the 6 communications network and then combining the data objects into collective data objects. Id. at 7 2:59-3:5. 8 42. As the ‘104 Patent further explains, a “server device may include one or more 9 context based search engines, which may be configured to interact with the user device over the 10 network to facilitate context based network searches by the user . . . . the context based search 11 engine works with an account database, a context processing application, a context database, and 12 external databases to provide information to the user and generate responses . . . the context 13 processing application may select contextual information, parameters, and characteristics from 14 the context database to be provided in search results to user. In various implementations, the 15 context processing application may select appropriate contexts for network searches requested by 16 user based on, for example, user identifier, account database, [and] account information.” Id. at 17 4:44-52, 5:4-11 (reference numerals omitted). 18 43. Still further, the ‘104 Patent explains that, based on the arrangement set forth 19 above, the context based search engine can process a more efficient search by identifying a chain 20 of contexts and then examining one or more contexts in that chain in order to obtain a relevant

21 search result. Id. at 18:30-33 (disclosing that a “server device builds or modifies the context 22 chain related to the user . . . the user’s context chain is an array of contexts that may grow or 23 shrink . . . .”), 18:40-43 (“During the processing of a subsequent query the query processing 24 module may examine each context on the context chain . . . .”), 18:62-63 (“The context based 25 search engine processes one or more queries using the chorus.”) (reference numerals omitted). 26 44. For example, “[r]esponses published to a context may be grouped based on their 27 method of evaluation . . . and evaluated together.” Id. at 28:33-39. The ‘104 Patent recognized 28 that because “[s]ome evaluation methods are computationally-intensive,” the disclosed technique

12

Case 5:19-cv-06990-VKD Document 1 Filed 10/25/19 Page 14 of 114

1 is advantageous because evaluation and processing “may not be performed for all responses from 2 all Publishers depending on the system and/or context configuration.” Id. at 28:42-45. As 3 explained, “a context may only evaluate computationally-intensive and/or other responses if the 4 publisher is in a chorus of [the] user (or context chain, depending on the system and/or context 5 configuration) associated with the query.” Id. at 28:49-52 (reference numerals omitted). 6 The Inventions Claimed in the ‘104 Patent Improved Technology & Were Not Well- 7 Understood, Routine, or Conventional 8 45. Given the state of the art at the time of the inventions of the ‘104 Patent, including 9 the deficiencies recognized by the inventors with “conventional searching process[es],” the 10 inventive concepts of the ‘104 Patent cannot be considered to be conventional, well-understood, 11 or routine. See, e.g., id. at 1:26-32. The ‘104 Patent provides an unconventional solution to 12 problems arising in the context of data searching across communications networks –namely, that 13 such systems did not “properly interpret or understand the particular information desired by 14 users.” See, e.g., id. 15 46. The ‘104 Patent offers an unconventional, technological solution to such problems 16 resulting in an approach to conducting searches across communications networks that makes 17 “more efficient and convenient use of the communication network.” See, e.g., id. at 2:50-61. In 18 particular, the ‘104 Patent provides an unconventional technological approach to conducting 19 searches across data networks that includes associating specific kinds of data objects with both 20 the information available in the communications network and the network devices in the

21 communications network and combining the data objects into collective data objects (see, e.g., 22 id. at 2:59-3:5) using “a context based search engine[], which may be configured to interact with 23 the user device over the network to facilitate context based network searches by the user . . . [and] 24 select[ing] contextual information, parameters, and characteristics from the context database to 25 be provided in search results to user, select[ing] appropriate contexts for network searches 26 requested by user based on, for example, user identifier, account database, [and] account 27 information,” (id. at 4:44-52, 5:4-11 (reference numerals omitted)), identifying a chain of 28

13

Case 5:19-cv-06990-VKD Document 1 Filed 10/25/19 Page 15 of 114

1 contexts, and then examining one or more contexts in that chain in order to obtain a relevant 2 search result (id. at 18:30-33, 18:40-43, 18:62-63). 3 47. Indeed, it was not well-understood, routine, or conventional at the time of the 4 inventions of the ‘104 Patent to (i) receive, from a user device, a search request that includes 5 information related to the user and/or the user device, (ii) process that search request by 6 identifying a context chain related to the user and/or the user device based on the information 7 passed with the search request –where the context chain includes multiple contexts, with each 8 context being a private context, in which content is controlled by a publisher, or a public context, 9 in which content is not controlled by a publisher, and (iii) responding to the search request by (a) 10 obtaining a search result from at least one context in the context chain and (b) providing the 11 search result to the user device. See, e.g., id. at Claims 1, 15, 23. 12 48. These are just exemplary reasons why the inventions claimed in the ‘104 Patent 13 were not well-understood, routine, or conventional at the time of their invention. 14 49. Additionally, the ‘104 Patent’s unique and more efficient search technique 15 improved the operational efficiency of computer systems that issue search requests across 16 communications networks and computer systems that process search requests received across 17 communications networks. Specifically, these techniques allowed for computing systems to 18 conserve processing resources by selectively evaluating responses that are in an identified context 19 chain, rather than all responses, without requiring the user to submit computationally excessive 20 queries; in fact, the disclosed techniques allowed for more efficient use of the communication

21 network while simultaneously allowing users to submit relatively simple common-language 22 queries. See, e.g., id at 2:50-61, 28:33-39, 28:42-45, 28:49-52. In other words, the ‘104 Patent’s 23 specific improvement over existing technology resulted in improved computing systems that 24 processed search requests across communication networks. 25 50. Consistent with the problems addressed being rooted in communication network 26 searching technology, the ‘104 Patent’s solutions naturally are also rooted in that same 27 technology and cannot be performed solely by a human. Indeed, at least because the ‘014 Patent’s 28 claimed solutions address problems rooted in communication network searching technology and

14

Case 5:19-cv-06990-VKD Document 1 Filed 10/25/19 Page 16 of 114

1 involve functions not previously performed by humans, these solutions are not merely drawn to 2 longstanding human activities. 3 The ‘533 Patent 4 51. U.S. Patent No. 9,262,533 (“the ‘533 Patent”) is entitled “Context based data 5 searching,” and was issued on February 16, 2016. A true and correct copy of the ‘533 Patent is 6 attached as Exhibit C. 7 52. The ‘533 Patent was filed on March 2, 2011 as U.S. Patent Application No. 8 13/039,133, which is a continuation of U.S. Patent Application No. 12/043,889, filed on March 9 6, 2008, and now U.S. Patent No. 7,958,104, which claims priority to Provisional Application 10 No. 60/893,831, filed on March 8, 2007. 11 53. Corrino is the owner of all rights, title, and interest in and to the ‘533 Patent, with 12 the full and exclusive right to bring suit to enforce the ‘533 Patent, including the right to recover 13 for past infringement. 14 54. The ‘533 Patent is valid and enforceable under United States Patent Laws. 15 55. Corrino incorporates by reference and re-alleges all the foregoing paragraphs of 16 this Complaint as if fully set forth herein. 17 56. Like the inventions claimed in the ‘104 Patent—the parent to the ‘533 Patent— 18 the inventions claimed in the ‘533 Patent were not well-understood, routine, or conventional. 19 57. Indeed, it was not well-understood, routine, or conventional, at the time of the 20 invention of the ‘533 Patent, to receive, from a user device, a search request that includes

21 information related to the user and/or the user device and then process that search request by (i) 22 identifying a context chain related to the user and/or the user device based on the information 23 passed with the search request and (ii) examining contexts in the context chain in a last-in-first- 24 out order in which the most recently added contexts are examined before contexts that were added 25 earlier. See ‘533 Patent at Claims 1, 11, 17. Further it was not well-understood, routine, or 26 conventional, at the time of the invention of the ‘533 Patent, to identify a context chain related to 27 the user and/or the user device based on the information passed with the search request—where 28 the context chain includes (i) multiple contexts that are publishing spaces in which interpretation

15

Case 5:19-cv-06990-VKD Document 1 Filed 10/25/19 Page 17 of 114

1 of the search request takes place by using content published to the publishing spaces by publishers 2 of different viewpoints and (ii) at least one context that is independently searchable with respect 3 to other contexts of the context chain. 4 58. These are just exemplary reasons why the inventions claimed in the ‘533 Patent 5 were not well-understood, routine, or conventional at the time of their invention. 6 The ‘188 Patent 7 59. U.S. Patent No. 6,741,188 (“the ‘188 Patent”) is entitled “System for dynamically 8 pushing information to a user utilizing global positioning system,” and was issued on May 25, 9 2004. A true and correct copy of the ‘188 Patent is attached as Exhibit D. 10 60. The ‘188 Patent was filed on March 10, 2000 as U.S. Patent Application No. 11 09/523,022, which is a continuation-in-part of U.S. Patent Application No. 09/426,065, filed 12 October 22, 1999. 13 61. Corrino is the owner of all rights, title, and interest in and to the ‘188 Patent, with 14 the full and exclusive right to bring suit to enforce the ‘188 Patent, including the right to recover 15 for past infringement. 16 62. The ‘188 Patent is valid and enforceable under United States Patent Laws. 17 63. The ‘188 Patent recognized several problems with certain conventional 18 technologies. Indeed, the ‘188 Patent recognized problems with conventional GPS technology. 19 For instance, the ‘188 Patent recognized that, while conventional GPS technology could provide 20 users with “location and directional information, more specific and detailed information related

21 to the location is often needed.” ‘188 Patent at 1:29-30. In this regard, the ‘188 Patent explains 22 that “[a] more powerful system is therefore necessary to provide mobile users with specific 23 information relating to the point in time the user is at a specific location.” Id. at 1:40-43. In other 24 words, the ‘188 Patent recognized that, because of the shortcomings of conventional GPS 25 technology, “it would be desirable for a system which can provide relevant information to 26 location-specific users at relevant points in time.” Id. at 1:45-47. The ‘188 Patent recognized 27 that, at the time of the inventions of the ‘188 Patent, “[t]his type of system [was] currently not 28 provided for with conventional systems.” Id. at 1:43-44.

16

Case 5:19-cv-06990-VKD Document 1 Filed 10/25/19 Page 18 of 114

1 64. The ‘188 Patent also recognized problems with conventional Internet-query 2 technology. For instance, the ‘188 Patent recognized that “an internet query of restaurants would 3 normally retrieve thousands of hits on a conventional search engine.” ‘188 Patent at 2:38-40. In 4 contrast, the ‘188 Patent explains how its claimed solution was an improvement over 5 conventional query technology of the time: “By relating the search to the user’s physical location, 6 only those restaurants associated with the user’s identified region[] are provided. Thus, valuable 7 time is saved and considerable convenience is provided by retrieving information related to a 8 particular location.” Id. at 2:40-45. 9 65. In this regard, the ‘188 Patent provided an improvement to the user interface of a 10 hand-held electronic device by facilitating the display of a limited set of search-result information 11 (e.g., the most relevant search results):

12 The present invention also provides a hand-held system which allows users to receive region-specific information directed to the user’s particular 13 location. For example, a user may be situated in a new location, and the user may then request and receive information about restaurants within a defined 14 area defined by the user. For example, the user may query for restaurants within three blocks or within the entire city and receive specific audio and/ 15 or display information related to the query. 16 Id. at 2:16-25. 17 66. Similarly, the ‘188 Patent explains that if its claimed solution is used to “search 18 the Internet for a sushi restaurant” in the “downtown Seattle, Wash.” area, the query can be 19 focused on a “one square mile region” such that “[t]he search results will then be limited to 20 websites relating to sushi restaurants originating and/or associated with that particular one square

21 mile region. Thus, the user is able to quickly locate a sushi restaurant within one square mile of 22 his/her present location.” ‘188 Patent at 5:59-6:6. The ‘188 Patent then explains how its claimed 23 solution is a technological improvement over conventional Internet-query systems of the time: 24 “A similar type of search using conventional systems employing search terms such as ‘sushi,’ 25 ‘Seattle’ and ‘restaurant’ would likely have resulted in thousands of hits—most of which are not 26 of interest to the user.” Id. at 6:7-10. 27 67. Thus, the claimed solutions of the ‘188 Patent provide an improvement over 28 conventional GPS and Internet-query technology of the time at least because the claimed

17

Case 5:19-cv-06990-VKD Document 1 Filed 10/25/19 Page 19 of 114

1 solutions enable “substantially relevant information to a user’s time and place” to be “directed to 2 the user while extraneous information that may be retrieved as with conventional systems is 3 substantially removed.” Id. at 11:44-47. 4 The Inventions Claimed in the ‘188 Patent Improved Technology & Were Not Well- 5 Understood, Routine, or Conventional 6 68. Given the state of the art at the time of the inventions of the ‘188 Patent, including 7 the deficiencies in GPS and Internet-query technology of the time, the inventive concepts of the 8 ‘188 Patent cannot be considered to be conventional, well-understood, or routine. See, e.g., ‘188 9 Patent at 2:38-45, 5:59-6:10, 11:44-47. The ‘188 Patent provides an unconventional solution to 10 problems arising in the context of GPS and Internet-query technology -- namely, that such 11 technology returned too many search results, much of which was of little to no interest to the 12 user. See, e.g., id. at 6:7-10, 11:44-47. In this respect, the ‘188 Patent offered a technological 13 solution to such problems resulting in location-based search engine technology that facilitated 14 providing more relevant, focused search results to a user than existing search engine systems. 15 See, e.g., id. at 5:59-6:6. 16 69. Indeed, it was not well-understood, routine, or conventional at the time of the 17 inventions of the ‘188 Patent to have a data information server system comprising (i) a server 18 coupled to the global communications network, (ii) a mass storage medium coupled to the server 19 that includes a client profile database including a plurality of client profiles generated from user 20 activity and/or demographics, (iii) a geographic position filter for relating and dynamically

21 updating information according to a position of a mobile data receiver, and (iv) a wireless 22 transceiver coupled to the server. See, e.g., id. at Claim 13. It was also not well-understood, 23 routine, or conventional at the time of the inventions of the ‘188 Patent to have a data information 24 server system comprising (i) a geographic position filter for relating and dynamically updating 25 information according to a position of a mobile data receiver, the geographic position filter 26 adapted to relate each of a plurality of web sites having embedded region identifiers with another 27 region identifier associated with a position of a mobile data receiver and (ii) a server configured 28 to search for data over a global communications network in accordance with the position of the

18

Case 5:19-cv-06990-VKD Document 1 Filed 10/25/19 Page 20 of 114

1 mobile data receiver and a plurality of client profiles generated from user activity and/or 2 demographics. See, e.g., id. at Claim 13. 3 70. Likewise, it was not well-understood, routine, or conventional at the time of the 4 inventions of the ‘188 Patent to have a method comprising the specific combination of (i) 5 determining a position of a mobile data receiver within a geographic region, (ii) automatically 6 inserting a unique region identifier associated with the position of the mobile data receiver, (iii) 7 forming a data search based at least in part on an automatically generated user profile that is based 8 on query history, (iv) identifying a set of data responsive to the data search, (v) identifying and 9 dynamically updating a subset of the set of data based upon the unique region identifier and at 10 least one other region identifier embedded within the data of a plurality of websites, and (vi) 11 transmitting the subset of data to the mobile data receiver. See, e.g., id. at Claim 14. 12 71. Moreover, it was not well-understood, routine, or conventional at the time of the 13 inventions of the ‘188 Patent to have a method comprising the specific combination of (i) 14 automatically defining a data profile for a user of a mobile data receiver based on the user’s prior 15 query history, (ii) determining the position of the mobile data receiver, (iii) automatically 16 inserting a unique region identifier associated with the position of the mobile data receiver, (iv) 17 forming a query based upon the data profile, (v) utilizing a search engine to compile a set of data 18 responsive to the query, (vi) forming and dynamically updating a subset of the set of data based 19 on the unique region identifier and at least one other region identifier embedded within the data 20 of a plurality of websites, and (vii) transmitting the subset of data to the mobile data receiver.

21 See, e.g., id. at Claim 15. It was also not well-understood, routine, or conventional at the time of 22 the inventions of the ‘188 Patent to have a method comprising the aforementioned specific 23 combination of functions along with (i) monitoring the data reviewed by the user and (ii) defining 24 the data profile based upon the data previously reviewed by the user. See, e.g., id. at Claim 16. 25 72. These are just exemplary reasons why the inventions claimed in the ‘188 Patent 26 were not well-understood, routine, or conventional at the time of their invention. 27 73. Additionally, the ‘188 Patent’s more powerful location-based search engine 28 technology improved the user interface of electronics devices (e.g., mobile devices) by removing

19

Case 5:19-cv-06990-VKD Document 1 Filed 10/25/19 Page 21 of 114

1 extraneous information typically returned by conventional search engine systems and providing 2 the user with the most relevant search results related to the user’s physical location. See, e.g., 3 ‘188 Patent at 2:38-45, 5:59-6:10, 11:44-47. In other words, the ‘188 Patent’s specific 4 improvement over existing technology resulted in a user’s electronics device displaying particular 5 search results that are most relevant to a user at a given point in time. 6 The ‘501 Patent 7 74. U.S. Patent No. 7,385,501 (“the ‘501 Patent”) is entitled “System for dynamically 8 pushing information to a user utilizing global positioning system,” and was issued on June 10, 9 2008. A true and correct copy of the ‘501 Patent is attached as Exhibit E. 10 75. The ‘501 Patent was filed on August 3, 2005 as U.S. Patent Application No. 11 11/195,947, which is a continuation of U.S. Patent Application No. 10/824,962, filed on April 12 15, 2004, which is a continuation of U.S. Patent Application No. 09/523,022, filed on March 10, 13 2000 and now the ‘188 Patent, which is a continuation-in-part of U.S. Patent Application No. 14 09/426,065, filed October 22, 1999. 15 76. Corrino is the owner of all rights, title, and interest in and to the ‘501 Patent, with 16 the full and exclusive right to bring suit to enforce the ‘501 Patent, including the right to recover 17 for past infringement. 18 77. The ‘501 Patent is valid and enforceable under United States Patent Laws. 19 78. Corrino incorporates by reference and re-alleges all the foregoing paragraphs of 20 this Complaint as if fully set forth herein.

21 79. Like the inventions claimed in the ‘188 Patent—an ancestor of the ‘501 Patent— 22 the inventions claimed in the ‘501 Patent were not well-understood, routine, or conventional. 23 80. Indeed, it was not well-understood, routine, or conventional at the time of the 24 inventions of the ‘501 Patent to have a computing device configured to (i) interact with a global 25 positioning service in connection with establishing physical location of the device, (ii) transmit 26 search queries for webpages to a search engine, and (iii) receive search results that are displayed 27 to a user and that comprise web pages having embedded region codes corresponding to the 28 physical location of the device. See, e.g., ‘501 Patent at Claim 1.

20

Case 5:19-cv-06990-VKD Document 1 Filed 10/25/19 Page 22 of 114

1 81. Likewise, it was not well-understood, routine, or conventional at the time of the 2 inventions of the ‘501 Patent to have a computing device configured to (i) transmit to a search 3 engine search queries for web pages and information related to location specific areas of interest 4 to a user and (ii) provide to the user search results comprising a plurality of web pages that are 5 filtered at least in part on the location specific information and one or more embedded region 6 codes. See, e.g., ‘501 Patent at Claim 9. It was also not well-understood, routine, or conventional 7 at the time of the invention of the ‘501 Patent to have a computing device configured to perform 8 the aforementioned functions as well as configured to perform one or more of (i) transmit to the 9 search engine a geographic region of interest to limit the search results to, the region being defined 10 in terms of a bounded area, (ii) receive search results that are filtered such that the results are 11 limited to sources of content originating within a pre-determined distance from a current location 12 of the user, or (iii) receives information pushed to the device as a function of location of the 13 device. See, e.g., ‘501 Patent at Claims 12, 16, 18. 14 82. Moreover, it was not well-understood, routine, or conventional at the time of the 15 inventions of the ‘501 Patent to have a computing device comprising (i) means for identifying 16 location of a user, (ii) means for processing search queries or web pages from the user, and (iii) 17 means for transmitting search results to the user that are a function of the location of the user and 18 one or more region codes embedded within one or more of the search results. See, e.g., ‘501 19 Patent at Claim 20. 20 83. These are just exemplary reasons why the inventions claimed in the ‘501 Patent

21 were not well-understood, routine, or conventional at the time of their invention. 22 84. Additionally, the ‘501 Patent’s more powerful location-based search engine 23 technology improved the user interface of electronics devices (e.g., mobile devices) by removing 24 extraneous information typically returned by conventional search engine systems and providing 25 the user with the most relevant search results related to the user’s physical location. See, e.g., 26 ‘501 Patent at 2:50-57, 6:18-21, 11:54-57. In other words, the ‘501 Patent’s specific 27 improvement over existing technology resulted in a user’s electronics device displaying particular 28 search results that are most relevant to a user at a given point in time.

21

Case 5:19-cv-06990-VKD Document 1 Filed 10/25/19 Page 23 of 114

1 The ‘685 Patent 2 85. U.S. Patent No. 7,847,685 (“the ‘685 Patent”) is entitled “System for dynamically 3 pushing information to a user utilizing global positioning system,” and was issued on December 4 7, 2010. A true and correct copy of the ‘685 Patent is attached as Exhibit F. 5 86. The ‘685 Patent was filed on August 3, 2005 as U.S. Patent Application No. 6 11/195,923, which is a continuation of U.S. Patent Application No. 10/824,962, filed on April 7 15, 2004, which is a continuation of U.S. Patent Application No. 09/523,022, filed on March 10, 8 2000 and now the ‘188 Patent, which is a continuation-in-part of U.S. Patent Application No. 9 09/426,065, filed October 22, 1999. 10 87. Corrino is the owner of all rights, title, and interest in and to the ‘685 Patent, with 11 the full and exclusive right to bring suit to enforce the ‘685 Patent, including the right to recover 12 for past infringement. 13 88. The ‘685 Patent is valid and enforceable under United States Patent Laws. 14 89. Corrino incorporates by reference and re-alleges all the foregoing paragraphs of 15 this Complaint as if fully set forth herein. 16 90. Like the inventions claimed in the ‘188 Patent—an ancestor to the ‘685 Patent— 17 the inventions claimed in the ‘685 Patent were not well-understood, routine, or conventional. 18 91. Indeed, the ‘685 Patent provided a specific, unconventional solution for returning 19 focused search results that involved (i) processing a specific type of search query comprising a 20 particular combination of an identifier corresponding to a communications device, an indication

21 of the geographic position of the communications device, a search distance, and at least one 22 search term, and (ii) based on such a specific search query and one or more location codes 23 associated with search results, transmitting one or more focused search results to the 24 communications device. See, e.g., ‘685 Patent at Claims 1, 19. 25 92. Moreover, it was not well-understood, routine, or conventional at the time of the 26 invention of the ‘685 Patent to have a system configured to receive from a user’s communications 27 device a search query comprising (i) an identifier corresponding to the communications device, 28 (ii) an indication of the geographic position of the communications device, (iii) a search distance,

22

Case 5:19-cv-06990-VKD Document 1 Filed 10/25/19 Page 24 of 114

1 and (iv) at least one search term. See, e.g., ‘685 Patent at Claims 1, 17, 19. Moreover, it was not 2 well-understood, routine, or conventional at the time of the invention of the ‘685 Patent to have 3 a system configured to initiate the transmission of a list of one or more search results to the user’s 4 communications device specified in the search query, where the list of search results comprises 5 at least one search result that is associated with a location code corresponding to a geographic 6 region that is a geographic region that is within the specified search distance from the geographic 7 position of the communications device specified in the received search query. See, e.g., ‘685 8 Patent at Claims 1, 17, 19. 9 93. These are just exemplary reasons why the inventions claimed in the ‘685 Patent 10 were not well-understood, routine, or conventional at the time of their invention. 11 94. Additionally, the ‘685 Patent’s more powerful location-based search engine 12 system improved the user interface of electronics devices (e.g., mobile devices) by removing 13 extraneous information typically returned by conventional search engine systems and providing 14 the user with the most relevant search results related to the user’s physical location. See, e.g., 15 ‘685 Patent at 2:54-59, 5:60-6:10, 11:30-38. In other words, the ‘685 Patent’s specific 16 improvement over existing technology resulted in a user’s electronics device displaying particular 17 search results that are most relevant to a user at a given point in time. 18 The ‘149 Patent 19 95. U.S. Patent No. 7,716,149 (“the ‘149 Patent”) is entitled “Method, device, and 20 program product for a social dashboard associated with a persistent virtual environment,” and

21 was issued on May 11, 2010. A true and correct copy of the ‘149 Patent is attached as Exhibit 22 G. 23 96. The ‘149 Patent was filed on April 11, 2006 as U.S. Patent Application No. 24 11/402,399. 25 97. Corrino is the owner of all rights, title, and interest in and to the ‘149 Patent, with 26 the full and exclusive right to bring suit to enforce the ‘149 Patent, including the right to recover 27 for past infringement. 28 98. The ‘149 Patent is valid and enforceable under United States Patent Laws.

23

Case 5:19-cv-06990-VKD Document 1 Filed 10/25/19 Page 25 of 114

1 99. The ‘149 Patent provides “a user interface for monitoring the social health of a 2 persistent virtual environment.” ‘149 Patent at Abstract. The ‘149 Patent also states that “no 3 diagnostic tools are available to timely measure the social aspects of player interactions in [a] 4 persistent virtual environment or to measure or monitor the health of the online player community 5 in a persistent virtual environment.” Id. at 1:48-52. In other words, as described in the ‘149 6 Patent, the conventional “analysis results only reflect the state of the persistent virtual 7 environment at the time the data was collected,” and therefore, “the analysis is not timely, has no 8 capability to forecast problems, and only operates from single source of information.” Id. at 1:58- 9 61. 10 100. In discussing the shortcomings of the prior art, the ‘149 Patent recognized that “it 11 would be advantageous to provide a way to timely monitor persistent virtual environments and 12 to measure, monitor, and treat the health of online player communities within persistent virtual 13 environments.” Id. at 2:19-22. The claimed inventions of the ‘149 Patent provide such a 14 mechanism. 15 The Inventions Claimed in the ‘149 Patent Improved Technology & Were Not Well- 16 Understood, Routine, or Conventional 17 101. Given the state of the art at the time of the inventions of the ‘149 Patent, including 18 the deficiencies in monitoring technology for virtual persistent environments, the inventive 19 concepts of the ‘149 Patent cannot be considered to be conventional, well-understood, or routine. 20 See, e.g., ‘149 Patent at 1:48-52, 1:58-61, 2:19-22. The ‘149 Patent provides an unconventional

21 solution to problems arising in the context of monitoring virtual persistent environments – 22 namely, that existing monitoring tools were untimely, only monitoring certain aspects, and 23 operating on a narrow source of information. See, e.g., id. at 1:48-52, 1:58-61. 24 102. The ‘149 Patent offered a technological solution to such problems resulting in 25 monitoring technology for virtual persistent environments that addressed these problems and also 26 facilitated providing an improved user interface for electronics devices. In particular, the ‘149 27 Patent provided a specific, unconventional solution for monitoring a state of a virtual persistent 28 environment and displaying a limited set of information related to that monitoring to the user

24

Case 5:19-cv-06990-VKD Document 1 Filed 10/25/19 Page 26 of 114

1 which involved displaying a visualization that represents a social aspect of said persistent virtual 2 environment, where the visualization is responsive to a metric and represents an overall 3 interactivity level, and displaying, responsive to a selection command, a second visualization that 4 represents drill-down information associated with the metric. See, e.g., ‘149 Patent at Claims 1, 5 8, 15. 6 103. Indeed, it was not well-understood, routine, or conventional at the time of the 7 invention of the ‘149 Patent for a computer system to display a visualization that represents a 8 social aspect of a persistent virtual environment, where the visualization is responsive to a metric 9 and represents an overall interactivity level within the persistent virtual environment. See, e.g., 10 ‘149 Patent at Claims 1, 8, 15. Moreover, it was not well-understood, routine, or conventional at 11 the time of the invention of the ‘149 Patent for a computer system to (i) display the visualization 12 that represents the social aspect of the persistent virtual environment and (ii) responsive to a 13 selection command, display a second visualization that represents drill-down information 14 associated with the metric. See, e.g., id. 15 104. These are just exemplary reasons why the inventions claimed in the ‘149 Patent 16 were not well-understood, routine, or conventional at the time of their invention. 17 105. Indeed, the ‘149 Patent’s virtual persistent environment monitoring system 18 improved the user interface of electronics devices by allowing the user to see the most relevant 19 information related to a particular metric representing an interactivity level within the virtual 20 environment. In this respect, the ‘149 Patent claims recite a particular manner of summarizing

21 and presenting specific, virtual-environment metric related information in electronic devices. 22 106. Consistent with the problems addressed being rooted in monitoring technology for 23 virtual persistent environments – that, by virtue of the monitored environment being virtual, 24 requires computer network technology – the ‘149 Patent’s solutions naturally are also rooted in 25 that same technology that cannot be performed solely by a human. Likewise, at least because the 26 ‘149 Patent’s claimed solutions address problems rooted in monitoring technology for virtual 27 persistent environments, these solutions are not merely drawn to longstanding human activities. 28

25

Case 5:19-cv-06990-VKD Document 1 Filed 10/25/19 Page 27 of 114

1 COUNT I: INFRINGEMENT OF U.S. PATENT NO. 6,457,009 2 107. Corrino incorporates by reference and re-alleges all the foregoing paragraphs of 3 this Complaint as if fully set forth herein. 4 108. Booking Holdings has infringed, either literally or under the doctrine of 5 equivalents, the ‘009 Patent in violation of 35 U.S.C. § 271 et seq., directly and/or indirectly, at 6 least by its use in the United States, without authority or license, of products and/or services that 7 performed one or more of the claimed methods of the ‘009 Patent, including the 8 www.Booking.com website and Booking.com mobile application, the www.Kayak.com website 9 and Kayak mobile application, the www.Priceline.com website and Priceline mobile application, 10 the www.Rentalcars.com website and Rentalcars mobile application, the www.Agoda.com 11 website and Agoda mobile application, and the www.OpenTable.com website and OpenTable 12 mobile application (hereinafter “the ‘009 Accused Products”). 13 109. As a first non-limiting example, set forth below (with claim language in bold and 14 italics) is a description of infringement of exemplary claim 5 of the ‘009 Patent in connection 15 with the ‘009 Accused Products. This description is based on publicly available information. 16 Corrino reserves the right to modify this description, including, for example, on the basis of 17 information about the ‘009 Accused Products that it obtains during discovery. 18 5. A method comprising:—Booking.com provides search engine technology that allows 19 users to “search hundreds of travel sites at once.” www.booking.kayak.com. As set forth 20 below, Booking.com’s search engine technology practices the method of claim 5. On

21 information and belief, Booking.com’s search engine technology operated in a 22 substantially similar manner prior to November 9, 2018. See, e.g., 23 https://www.youtube.com/watch?v=k6susje065k (YouTube video published on April 17, 24 2013 demonstrating how to search travel sites via Booking.com). 25 A. establishing a generic HTML form made up of a number (n) of uniform fields 26 sufficient for a query of a remote database; -- Booking.com establishes a generic HTML 27 form made up of a number (n) of uniform fields sufficient for a query of a remote database. 28

26

Case 5:19-cv-06990-VKD Document 1 Filed 10/25/19 Page 28 of 114

1 For instance, Booking.com establishes a generic HTML form comprising a 2 number of uniform/generic fields that are sufficient for a respective query of a respective 3 database corresponding to a travel site. See, e.g., 4 https://www.booking.com/content/terms.html (“[Booking.com] act[s] solely as an 5 intermediary between you and the Trip Provider, transmitting the relevant details of your 6 Trip Reservation to the relevant Trip Provider(s) and sending you a confirmation email 7 for and on behalf of the Trip Provider.”) (emphasis added). An example of Booking.com 8 establishing and then displaying such a generic HTML form with various uniform/generic 9 fields (identified in green) sufficient to query various databases associated with airline 10 entities is provided below: 11 12 13 14 15 16 17 18 B. retrieving from a database, a number (m) of fields involved in a query of said remote 19 database; -- Booking.com retrieves from a database a number (m) of fields involved in a 20 query of said remote database. 21 22 23 24 25 26 27 28

27

Case 5:19-cv-06990-VKD Document 1 Filed 10/25/19 Page 29 of 114

1 For instance, in order for Booking.com to “search hundreds of travel sites at once,” 2 Booking.com retrieves from a database a respective number of fields involved to query a 3 respective database corresponding to a respective one of the hundreds of travel sites. The 4 following example screenshot of flight search results demonstrates that Booking.com, 5 prior to displaying the flight search results, retrieved respective numbers of fields 6 involved in respective queries of numerous airline databases (e.g., databases of Delta, 7 Frontier, American Airlines, United, Spirit Airlines, etc.) to facilitate searching those 8 databases. 9 10 11 12 13 14 15 16 17 18 19 20 C. building a specific HTML form by selecting the ith field of said retrieved number (m) 21 of fields, upon a condition that said ith field is a uniform field, generating JavaScript to 22 update said ith input from a jth generic field of said generic HTML form, upon a 23 condition that said ith field is not a uniform field, generating a hidden HTML input in 24 said specific HTML form for said ith field; and, -- Booking.com builds a specific HTML 25 form by (i) selecting the ith field of said retrieved number (m) of fields, (ii) upon a 26 condition that said ith field is a uniform field, generating JavaScript to update said ith input 27 from a jth generic field of said generic HTML form, and (iii) upon a condition that said ith 28

28

Case 5:19-cv-06990-VKD Document 1 Filed 10/25/19 Page 30 of 114

1 field is not a uniform field, generating a hidden HTML input in said specific HTML form 2 for said ith field. 3 For instance, Booking.com builds a specific HTML form to facilitate searching a 4 respective travel site by (i) selecting a first field of a retrieved number of fields involved 5 to query the respective travel site’s database, (ii) if the first field is a uniform/generic field, 6 generating JavaScript to update an input for that first field from a uniform/generic field 7 of the generic HTML form, and (iii) if the first field is not a uniform/generic field, 8 generating a hidden HTML input in the specific HTML form for that first field. 9 As one example of this functionality, based on Booking.com’s generic HTML 10 form (below on the left), Booking.com builds a specific HTML form to search United 11 Airlines’ travel site. As shown, a specific HTML form for searching United Airlines’ 12 database has a greater number of fields (identified in yellow below on the right) than the 13 number of fields of Booking.com’s generic HTML form. 14 15 16 17 18 19 20

21 22 Booking.com builds a specific HTML form to facilitate searching United Airlines’ 23 travel site by selecting a first field of a retrieved number of fields involved to query United 24 Airlines’ database, such as United Airlines’ “Trips_0_origin” field. 25 26 27 28

29

Case 5:19-cv-06990-VKD Document 1 Filed 10/25/19 Page 31 of 114

1 2 3 4 5 6 7 8 9 10 Booking.com determines that United Airlines’ “Trips_0_origin” field is not a 11 uniform/generic field (e.g., Booking.com uses a “NtaE-origin” field, as shown below) and 12 therefore, generates a hidden HTML input in the specific HTML form for searching 13 United Airlines’ travel site. 14 15 16 17 18 Similarly, Booking.com builds a specific HTML form to facilitate searching 19 American Airlines’ travel site by selecting a first field of a retrieved number of fields 20

21 22 23 24 25 26 27 28

30

Case 5:19-cv-06990-VKD Document 1 Filed 10/25/19 Page 32 of 114

1 involved to query American Airlines’ database, such as American Airlines’ 2 “segments0.origin” field. 3 As in the United Airlines example, Booking.com determines that American 4 Airlines’ “segments0.origin” field is not a uniform/generic field (e.g., Booking.com uses 5 the “NtaE-origin” field) and therefore, generates a hidden HTML input in the specific 6 HTML form for searching American Airlines’ travel site. 7 D. changing i to i+1 to select a next field of said retrieved number of fields. -- 8 Booking.com changes i to i+1 to select a next field of said retrieved number of fields. 9 For instance, to continue populating fields of a specific HTML form to facilitate 10 searching a respective travel site, Booking.com proceeds to select a second field of a 11 retrieved number of fields involved to query the respective travel site’s database and then 12 performs the above-mentioned functions to translate the inputs of Booking.com’s generic 13 HTML form into the specific HTML form, which facilitates Booking.com ultimately 14 searching the respective travel site’s website. 15 110. For similar reasons, the respective search engine technologies provided by 16 Kayak.com, Priceline.com, Rentalcars.com, Agoda.com, and OpenTable.com practice the 17 method of claim 5. On information and belief, each of these search engine technologies operated 18 in a substantially similar manner prior to November 9, 2018. See, e.g., 19 https://www.youtube.com/watch?v=qPIozbjNmkw (YouTube video published on February 16, 20 2016 demonstrating how to search travel sites via Kayak.com);

21 https://www.youtube.com/watch?v=3BMCAjWtU2c (YouTube video published on July 30, 22 2015 demonstrating how to search travel sites via Priceline.com); 23 https://www.youtube.com/watch?v=IeDxorBMnJ0 (YouTube video published on May 27, 2013 24 demonstrating how to search travel sites via Rentalcars.com); 25 https://www.youtube.com/watch?v=h3TlEJzYJKw (YouTube video published on April 19, 2018 26 demonstrating how to search travel sites via Agoda.com); 27 https://blog.opentable.com/2014/opentables-website-re-designed-re-architected-re-imagined/ 28 (OpenTable blog post describing re-designed website in December 2014).

31

Case 5:19-cv-06990-VKD Document 1 Filed 10/25/19 Page 33 of 114

1 111. As a second non-limiting example of Booking Holdings’ infringement, set forth 2 below (with claim language in bold and italics) is a description of infringement of exemplary 3 claim 11 of the ‘009 Patent in connection with the ‘009 Accused Products. This description is 4 based on publicly available information. Corrino reserves the right to modify this description, 5 including, for example, on the basis of information about the ‘009 Accused Products that it 6 obtains during discovery. 7 11. A method of searching Internet resident databases comprising: --Kayak.com 8 provides search engine technology that allows users to “search hundreds of travel sites at 9 once.” www.kayak.com; see also, e.g., https://www.bookingholdings.com/brands/kayak/ 10 (“KAYAK searches other sites to show travelers the information they need to find the 11 right flights, hotels, rental cars and vacation packages.”). As set forth below, 12 Kayak.com’s search engine technology practices the method of claim 11. On information 13 and belief, Kayak.com’s search engine technology operated in a substantially similar 14 manner prior to November 9, 2018. See, e.g., 15 https://www.youtube.com/watch?v=qPIozbjNmkw (YouTube video published on 16 February 16, 2016 demonstrating how to search travel sites via Kayak.com that included 17 the “Compare Sites vs. KAYAK” feature at 0:45/4:37). 18 A. displaying a generic HTML data input form in a first window of an Internet browser; 19 -- Kayak.com displays a generic HTML data input form in a first window of an Internet 20 browser.

21 22 23 24 25 26 27 28

32

Case 5:19-cv-06990-VKD Document 1 Filed 10/25/19 Page 34 of 114

1 For instance, the Kayak.com website displays a generic HTML data input form in 2 a first window of an Internet browser to facilitate searching multiple travel sites. See, e.g., 3 https://www.bookingholdings.com /brands/kayak/ (“KAYAK’s mission is to provide the 4 world’s favorite travel tools. KAYAK searches other sites to show travelers the 5 information they need to find the right flights, hotels, rental cars and vacation packages.”) 6 (emphasis added). An example of the Kayak.com website displaying such a generic 7 HTML form (identified in green) is provided below: 8 9 10 11 12 13 14 15 16 17 18

19 B. displaying, on said browser, first indicia representing a first database and second 20 indicia representing a second database of a number of Internet resident databases; -- 21 Kayak.com displays on said browser, first indicia representing a first database and second 22 indicia representing a second database of a number of Internet resident databases. 23 24 25 26 27 28

33

Case 5:19-cv-06990-VKD Document 1 Filed 10/25/19 Page 35 of 114

1 2 3 4 5 6 7

8 For instance, to facilitate the “Compare vs. KAYAK” feature, the Kayak.com 9 website displays on an Internet browser multiple indicia representing respective databases 10 corresponding to respective travel sites. An example of the Kayak.com website 11 displaying such indicia (identified in pink) is provided below: 12 13 14 15 16 17 18 19 20

21 22 C. at said browser, translating search data entered in said generic HTML data input 23 form into a first search FORM compatible with said first internet resident database in 24 response to a user having selected said first indicia; D. initiating a search of said first 25 database with said first search FORM; E. at said browser, displaying first data returned 26 from said first database as a result of a search of said first database; -- Kayak.com (i) 27 translates, at said browser, search data entered in said generic HTML data input form into 28

34

Case 5:19-cv-06990-VKD Document 1 Filed 10/25/19 Page 36 of 114

1 a first search FORM compatible with said first internet resident database in response to a 2 user having selected said first indicia, (ii) initiates a search of said first database with said 3 first search FORM, and (iii) displays, at said browser, first data returned from said first 4 database as a result of a search of said first database. 5 For instance, the Kayak.com website (i) translates, at an Internet browser, in 6 response to a selection of the Orbitz indicia (outlined in pink below), search data entered 7 in Kayak.com’s generic HTML data input form (outlined in green below) into a first 8 search FORM compatible with Orbitz’s travel database, (ii) initiates a search of Orbitz’s 9 travel database with the first search FORM1, and (iii) displays, at the Internet browser 10 (outlined in yellow below), data returned from Orbitz’s travel database as a result of a 11 search of Orbitz’s travel database. 12 13 14 15 16 17 18 19 20

21 22

23 1 24 See, e.g., https://www.bookingholdings.com/brands/kayak/ (“KAYAK searches other sites to show travelers the information they need to find the right flights, hotels, rental cars and vacation 25 packages.”); https://www.kayak.com/terms-of-use (“Our Website is a travel search engine. KAYAK does not provide, own or control any of the travel services and products that you can 26 access through Our Website, such as flights, accommodations, rental cars, packages, or travel insurance (the ‘Travel Products’). The Travel Products are owned, controlled or made available 27 by third parties (the ‘Travel Providers’) either directly (e.g., airline) or as an agent (e.g., online 28 travel agency).”).

35

Case 5:19-cv-06990-VKD Document 1 Filed 10/25/19 Page 37 of 114

1 2 3 4 5 6 7 8 9 10 11 12

13 More specifically, with respect to the translation function, the Kayak.com website 14 translates, in response to a selection of the Orbitz indicia, search data entered in the fields 15 of Kayak.com’s generic HTML input form into a first search FORM compatible with 16 Orbitz’s travel database – for example, by translating data entered into Kayak.com’s 17 “c6Sew-city-id” and “c6Sew-cmp2dirty” fields (below in green) into a search form 18 compatible with Orbitz’s “gcw-wide-location-field” (below in yellow) and likewise 19 continuing this translation process for the other data entered into Kayak.com’s generic

20 HTML input form. 21 22 23 24 25 26

27 28

36

Case 5:19-cv-06990-VKD Document 1 Filed 10/25/19 Page 38 of 114

1 2 3 4 5 6 7 F. at said browser, translating said search data entered in said generic HTML data 8 input form into a second search FORM compatible with said second internet resident 9 database in response to a user having selected said second indicia; G. initiating a search 10 of said second database with said second search FORM, and; H. at said browser, 11 displaying second data returned from said second database as a result of a search of 12 said second database. – Kayak.com (i) translates, at said browser, search data entered in 13 said generic HTML data input form into a second search FORM compatible with said 14 second internet resident database in response to a user having selected said second indicia, 15 (ii) initiates a search of said second database with said second search FORM, and (iii) 16 displays, at said browser, second data returned from said second database as a result of a 17 search of said second database. 18 For instance, the Kayak.com website (i) translates, at an Internet browser, in 19 response to a selection of the Priceline indicia (outlined in pink below), search data 20 entered in Kayak.com’s generic HTML data input form (outlined in green below) into a

21 second search FORM compatible with Priceline’s travel database, (ii) initiates a search of 2 22 Priceline’s travel database with the second search FORM , and (iii) displays, at the

23 2 24 See, e.g., https://www.bookingholdings.com/brands/kayak/ (“KAYAK searches other sites to show travelers the information they need to find the right flights, hotels, rental cars and vacation 25 packages.”); https://www.kayak.com/terms-of-use (“Our Website is a travel search engine. KAYAK does not provide, own or control any of the travel services and products that you can 26 access through Our Website, such as flights, accommodations, rental cars, packages, or travel insurance (the ‘Travel Products’). The Travel Products are owned, controlled or made available 27 by third parties (the ‘Travel Providers’) either directly (e.g., airline) or as an agent (e.g., online 28 travel agency).”).

37

Case 5:19-cv-06990-VKD Document 1 Filed 10/25/19 Page 39 of 114

1 Internet browser (outlined in yellow below), data returned from Priceline’s travel database 2 as a result of a search of Priceline’s travel database. 3 4 5 6 7 8 9 10 11 12 13 14 15 More specifically, with respect to the translation function, the Kayak.com website 16 translates, in response to a selection of the Priceline indicia, search data entered in the 17 fields of Kayak.com’s generic HTML input form into a second search FORM compatible 18 with Priceline’s travel database – for example, by translating data entered into 19 Kayak.com’s “c6Sew-city-id” and “c6Sew-cmp2dirty” fields (below in green) into a 20 search form compatible with Priceline’s hotel start location field (“sc- 21 jWBwVP.izvmXG”) (below in yellow) and likewise continuing this translation process 22 for the other data entered into Kayak.com’s generic HTML input form. 23

24 25 26 27 28

38

Case 5:19-cv-06990-VKD Document 1 Filed 10/25/19 Page 40 of 114

1 2 3 4 5 6 7 8 9 10 11 12 13 112. For similar reasons, the respective search engine technologies provided by at least 14 Priceline.com and Agoda.com practice the method of claim 11. For instance, the following two 15 screenshots provide examples of the Priceline.com website including a “Compare to Priceline” 16 feature (outlined in pink) that functions substantially similar as Kayak.com’s “Compare vs. 17 KAYAK” feature. 18

19 20

21 22 23 24 25 26 27 28

39

Case 5:19-cv-06990-VKD Document 1 Filed 10/25/19 Page 41 of 114

1 2 3 4 5 6 7 8 9 10 11 12 13 14 Similarly, the following screenshot provides an example of the Agoda.com website including a 15 “Compare Sites v. Agoda” feature (outlined in pink) that functions substantially similar as 16 Kayak.com’s “Compare vs. KAYAK” feature. 17 18 19 20

21 22 23 24 25 26 113. On information and belief, each of these search engine technologies operated in a 27 substantially similar manner prior to November 9, 2018. 28

40

Case 5:19-cv-06990-VKD Document 1 Filed 10/25/19 Page 42 of 114

1 114. Additionally, Booking Holdings has been an active inducer of infringement of the 2 ‘009 Patent under 35 U.S.C. § 271(b) and contributory infringer of the ‘009 Patent under 35 3 U.S.C. § 271(c). 4 115. Booking Holdings knew of the ‘009 Patent, or at least should have known of the 5 ‘009 Patent but was willfully blind to its existence, prior to the filing of this Complaint. 6 116. Booking Holdings has provided the ‘009 Accused Products to its customers and, 7 on information and belief, instructions to use the ‘009 Accused Products in an infringing manner 8 while being on notice of (or willfully blind to) the ‘009 Patent and Booking Holdings’ 9 infringement. Therefore, on information and belief, Booking Holdings knew, or should have 10 known, of the ‘009 Patent and of its own infringing acts, or Booking Holdings deliberately took 11 steps to avoid learning of those facts. 12 117. Booking Holdings knowingly and intentionally encouraged and aided at least its 13 end-user customers to directly infringe the ‘009 Patent. 14 118. On information and belief, Booking Holdings provided the ‘009 Accused Products 15 to customers through the Booking Holdings brands’ websites and/or various third-party 16 application stores (e.g., the Apple iTunes and Google Play app stores) and instructions to end- 17 user customers so that such customers would use the ‘009 Accused Products in an infringing 18 manner. 19 119. Booking Holdings’ end-user customers directly infringed one or more claims of 20 the ‘009 Patent by using the ‘009 Accused Products in their intended manner to infringe. Booking

21 Holdings induced such infringement by providing the ‘009 Accused Products and instructions to 22 enable and facilitate infringement, knowing of, or being willfully blind to the existence of, the 23 ‘009 Patent. On information and belief, Booking Holdings specifically intended that its actions 24 would result in infringement of one or more claims of the ‘009 Patent, or Booking Holdings 25 subjectively believed that its actions would result in infringement of the ‘009 Patent but took 26 deliberate actions to avoid learning of those facts, as set forth above. 27 120. Additionally, Booking Holdings contributorily infringed one or more claims of 28 the ‘009 Patent by providing the ‘009 Accused Products and/or software components thereof that

41

Case 5:19-cv-06990-VKD Document 1 Filed 10/25/19 Page 43 of 114

1 embodied a material part of the claimed inventions of the ‘009 Patent that were known by 2 Booking Holdings to be specially made or adapted for use in an infringing manner and were not 3 staple articles with substantial non-infringing uses. The ‘009 Accused Products were specially 4 designed to infringe one or more claims of the ‘009 Patent, and their accused components had no 5 substantial non-infringing uses. In particular, on information and belief, the software modules 6 and code that implemented and performed the infringing functionalities identified above were 7 specially made and adapted to carry out said functionality and did not have any substantial non- 8 infringing uses. 9 121. Booking Holding’s infringement of the ‘009 Patent was willful and deliberate, 10 thereby entitling Corrino to enhanced damages. 11 122. Additional allegations regarding Booking Holding’s knowledge of the ‘009 Patent 12 and willful infringement will likely have evidentiary support after a reasonable opportunity for 13 discovery. 14 123. Booking Holding’s infringement of the ‘009 Patent was exceptional and entitles 15 Corrino to attorneys’ fees and costs incurred in prosecuting this action under 35 U.S.C. § 285. 16 124. Corrino is in compliance with any applicable marking and/or notice provisions of 17 35 U.S.C. § 287 with respect to the ‘009 Patent. 18 125. Corrino is entitled to recover from Booking Holdings all damages that Corrino has 19 sustained as a result of Booking Holding’s infringement of the ‘009 Patent, including, without 20 limitation, a reasonable royalty.

21 COUNT II: INFRINGEMENT OF U.S. PATENT NO. 7,958,104 22 126. Corrino incorporates by reference and re-alleges all the foregoing paragraphs of 23 this Complaint as if fully set forth herein. 24 127. Defendant Booking Holdings has infringed and is infringing, either literally or 25 under the doctrine of equivalents, the ‘104 Patent in violation of 35 U.S.C. § 271 et seq., directly 26 and/or indirectly, by making, using, offering for sale, and/or selling in the United States and/or 27 importing into the United States without authority or license, products and/or services that 28 infringe one or more of the claims of the ‘104 Patent, including the www.Booking.com website

42

Case 5:19-cv-06990-VKD Document 1 Filed 10/25/19 Page 44 of 114

1 and Booking.com mobile application, the www.Kayak.com website and Kayak mobile 2 application, the www.Priceline.com website and Priceline mobile application, the 3 www.Rentalcars.com website and Rentalcars mobile application, the www.Agoda.com website 4 and Agoda mobile application, and the www.OpenTable.com website and OpenTable mobile 5 application (hereinafter “the ‘104 Accused Products”). 6 128. As just one non-limiting example, set forth below (with claim language in bold 7 and italics) is a description of infringement of exemplary claim 15 of the ‘104 Patent in 8 connection with the ‘014 Accused Products. This description is based on publicly available 9 information. Corrino reserves the right to modify this description, including, for example, on the 10 basis of information about the Accused Products that it obtains during discovery. 11 15. A method for facilitating data searching over a network, the method comprising: -- 12 As described below, in conjunction with operation of the www.OpenTable.com website, 13 the OpenTable mobile application, and/or OpenTable’s servers or other computing 14 devices, OpenTable performs the method of claim 15, and thereby facilitates data 15 searching over a network. 16 17 18 19 20

21 22 23 24 25 26 27 28

43

Case 5:19-cv-06990-VKD Document 1 Filed 10/25/19 Page 45 of 114

1 For example, OpenTable facilitates data searching over a network (e.g., the 2 Internet) when its website, mobile application and/or its servers or other computing 3 devices provide a search option to enter a search query and obtain search results. As 4 depicted in the screenshots below, a user can enter a search query (e.g., “Italian”) via 5 OpenTable’s website or mobile application, in response to which OpenTable produces 6 corresponding search results. 7 receiving a search request from a user device via the network, the search request 8 9 10 11 12 13 14 15 16 17 18 19 20

21 including information related to the user device; -- OpenTable receives a search request, 22 including information related to the user device, from a user device via the network. 23 For example, OpenTable’s website and mobile app provide a search feature 24 allowing users to enter a search query. See https://help. 25 opentable.com/s/article/Home-Screen-Update-FAQ?language=en_US (last accessed Oct. 26 10, 2019) (“The search bar can be found in the top right corner of the homescreen where 27 you’ll see a white magnifying glass. After tapping on the magnifying glass, you will then 28

44

Case 5:19-cv-06990-VKD Document 1 Filed 10/25/19 Page 46 of 114

1 have the options to change your party size, time, location and search by a specific 2 restaurant name.”). 3 A user may operate a user device (e.g., a computer, mobile phone, or tablet) to 4 navigate to the OpenTable website or mobile app and enter a search query (e.g., “Italian”), 5 an example of which is depicted in the screenshots below. 6 When the user enters the search query, OpenTable’s website, back-end servers, 7 8 9 10 11 12 13 14 15 16 17 or other computing devices receive the query over the Internet in the form of a search 18 request. The search request includes, inter alia, information related to the user device 19 20

21 22 23 24 25 26 27 28

45

Case 5:19-cv-06990-VKD Document 1 Filed 10/25/19 Page 47 of 114

1 (e.g., user id, client id, browser information, device location, etc.), examples of which is 2 depicted below. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20

21 22 23 24 25 26 27 28

46

Case 5:19-cv-06990-VKD Document 1 Filed 10/25/19 Page 48 of 114

1 Further, OpenTable explains:

2 When you use or visit our Services, we collect information directly from you (e.g., when you search for or make an online reservation). We may also 3 generate information about you (e.g., information about your device while you use our mobile application). In some cases, we also obtain personal 4 information from third parties (e.g., restaurants, business partners, our group companies, or other third parties) . . . 5 When you visit or use our Services, we automatically collect certain 6 information about your device (e.g., your mobile device, computer, or tablet), including information about your hardware and software, device 7 configuration, and nearby networks. Such data may include data about your device operating systems, browsers, and other software installed on your 8 device; device identifiers, such as IP address, IMEI number, MAC address, or other device identifier; country of origin, region and language settings; 9 and information about domain servers and wireless or network access points near your device. 10 https://www.opentable.com/legal/privacy-policy#Information 11 WeCollect (last accessed Oct. 10, 2019). 12 processing the search request by identifying a context chain related to the user device 13 based on information passed with the search request, the context chain including a 14 plurality of contexts, each context in the plurality of contexts being a private context in 15 which content is controlled by a publisher, or a public context in which content is not 16 controlled by a publisher; and – OpenTable processes the search request by identifying 17 a context chain related to the user device based on information passed with the search 18 request, the context chain including a plurality of contexts, each context in the plurality 19 of contexts being a private context in which content is controlled by a publisher, or a 20 public context in which content is not controlled by a publisher. 21 As non-limiting examples, OpenTable collects and maintains several types of 22 information related to users and users’ devices, including: 23 • “Dining Information,” which may include “primary dining city; current and past 24 restaurant reservation details; dining preferences; favorite restaurants; special restaurant requests; dining activity, including frequency, restaurants, restaurant 25 type, meal type, and cancellations),”

26 • “Device information,” which may include “certain information about your device (e.g., your mobile device, computer, or tablet), including information about your 27 hardware and software, device configuration, and nearby networks. Such data may include data about your device operating systems, browsers, and other 28 software installed on your device; device identifiers, such as IP address, IMEI

47

Case 5:19-cv-06990-VKD Document 1 Filed 10/25/19 Page 49 of 114

number, MAC address, or other device identifier; country of origin, region and 1 language settings; and information about domain servers and wireless or network access points near your device,” 2 • “Usage and performance information,” which may include “personal information 3 about your usage of the Services, including information about your searches or interactions with features of our Services; sites or restaurant pages visited; 4 booking path; access times; and performance of our Services,”

5 • “Location information,” which may include “generic location information about you (such as city or neighborhood) or, with your consent, precise geographic 6 location data from your mobile device when the app is running and when it is not running, depending on the choices you make when you are asked to consent to 7 our collection of location information. For example, we may receive this information when you select restaurant search locations, enter your local dining 8 city in your account profile, when you are in proximity to certain beacons, choose to publish your location in reviews you leave for restaurants on the Services, or 9 in your comments or other communications with us. We may use and store this information to provide and improve features of our Services, for example, to tailor 10 our Services on a needs-based manner to better facilitate your requests and to provide you with more relevant content about restaurants in your dining city or 11 cities you visit,”

12 • “Browsing, usage and advertising details,” which may include “how you use our Services and/or third-party websites, applications, and services; and information 13 relating to your interactions with our advertising and marketing materials,”

14 • “Information from restaurants,” which may include “information that certain participating restaurants provide us about diners (for example, if you eat at a hotel 15 restaurant as a hotel guest, restaurants are able to flag that you are a guest at that hotel, or if you eat at a chain of restaurants, those restaurants can flag whether 16 you have a loyalty card or other information about interactions with those restaurants).” 17 https://www.opentable.com/legal/privacy-policy#InformationWeCollect (last accessed 18 Oct. 10, 2019). 19 Thus, in one example, when OpenTable receives a search request from a user’s 20 device, it processes the search request by identifying a context chain related to the user 21 device (e.g., the user’s dining history, browsing or search history, or the Location History 22 for the user’s device, among other possibilities) based on information passed with the 23 search request (e.g., user id, client id, browser information, device location, etc.). For 24 example, OpenTable receives the information passed with the search request (e.g., user 25 id, client id, browser information, etc.) and uses it to retrieve from storage a context chain 26 related to the user device (e.g., the Location History for the user’s device). OpenTable 27 explains: 28

48

Case 5:19-cv-06990-VKD Document 1 Filed 10/25/19 Page 50 of 114

We use your personal information for the following purposes (“Purposes”), 1 to:

2 Provide the Services, which includes providing you with the services, products, and functionality offered through our Services and fulfilling your 3 requests, including but not limited to: making reservations, reviewing restaurants, paying for services or events, joining waitlists, and notifying 4 people you add to or notify of your restaurant reservations through the Services . . . 5 Tailor your experience with our Services, such as by making inferences or 6 combining different pieces of information we have collected about you to suggest restaurants that you may be interested in or otherwise tailor our 7 Services to you according to your preferences or restrictions. For example, if you frequently search for or book Italian restaurants or restaurants with 8 outdoor seating in your home city, we may prioritize Italian restaurants with outdoor seating in your search results when you look for reservations in 9 another city. 10 https://www.opentable.com/legal/privacy-policy#InformationWe 11 Collect (last accessed Oct. 10, 2019). 12 13 14 15 16 17 18 19 20

21 22 23 24 25 26 27 28

49

Case 5:19-cv-06990-VKD Document 1 Filed 10/25/19 Page 51 of 114

1 An example context chain is depicted in green boxes in the screenshot below. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20

21 In the example depicted above, each context (e.g., restaurant) in the plurality of 22 contexts is a private context in which content is controlled by a publisher. For instance, 23 OpenTable allows publishers (e.g., restaurant owners or their agents) to list their 24 restaurants in OpenTable and to control content associated with the restaurant (e.g., 25 photos, descriptions, menus, available reservations times, etc.), as depicted in the 26 screenshots below. 27 28

50

Case 5:19-cv-06990-VKD Document 1 Filed 10/25/19 Page 52 of 114

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 https://support.opentable.com/s/article/Restaurant-Center-Overview-

21 1505260701344?language=en_US; see also https://youtu.be/E7IaaDJJ5n4 ; 22 https://youtu.be/Ofwkw3X95kw (last accessed Oct. 10, 2019). 23 In this way, restaurants are private contexts, in which content is controlled by a 24 publisher. 25 responding to the search request by providing at least one search result to the user 26 device, the search result being obtained from at least one context in the plurality of 27 contexts. – OpenTable responds to the search request by providing to the user device at 28 least one search result obtained from at least one context in the plurality of contexts.

51

Case 5:19-cv-06990-VKD Document 1 Filed 10/25/19 Page 53 of 114

1 For example, OpenTable produces search results in response to receiving the 2 search request from the user device. Particularly, OpenTable explains:

3 We use your personal information for the following purposes (“Purposes”), to: . . . Tailor your experience with our Services, such as by making 4 inferences or combining different pieces of information we have collected about you to suggest restaurants that you may be interested in or otherwise 5 tailor our Services to you according to your preferences or restrictions. For example, if you frequently search for or book Italian restaurants or 6 restaurants with outdoor seating in your home city, we may prioritize Italian restaurants with outdoor seating in your search results when you look for 7 reservations in another city. 8 https://www.opentable.com/legal/privacy-policy#Information 9 WeCollect (last accessed Oct. 10, 2019). 10 As such, OpenTable produces search results that include at least one search result 11 that is obtained from one of the contexts in the identified context chain, as set forth above. 12 In a non-limiting example depicted below, in response to the search request that included 13 the query “Italian” (red), OpenTable produced a search result for “Mirabella Italian 14 15 16 17 18 19 20

21 22 23 24 25 26 27 28

52

Case 5:19-cv-06990-VKD Document 1 Filed 10/25/19 Page 54 of 114

1 Cuisine” (yellow), which was obtained from the “Mirabella Italian Cuisine” context 2 (green). 3 4 5 6 7 8 9 10 11 12 13 14 15 16 129. As a second non-limiting example of Booking Holdings’ infringement, set forth 17 below (with claim language in bold and italics) is a description of infringement of exemplary 18 claim 15 of the ‘104 Patent in connection with the ‘014 Accused Products. This description is 19 based on publicly available information. Corrino reserves the right to modify this description, 20 including, for example, on the basis of information about the Accused Products that it obtains 21 during discovery. 22 15. A method for facilitating data searching over a network, the method 23 comprising: -- As described below, in conjunction with operation of the 24 www.Booking.com website, the Booking.com mobile application, and/or Booking.com 25 servers or other computing devices, Booking.com performs the method of claim 15, and 26 thereby facilitates data searching over a network. 27 28

53

Case 5:19-cv-06990-VKD Document 1 Filed 10/25/19 Page 55 of 114

1 For example, Booking.com facilitates data searching over a network (e.g., the 2 Internet) when its website, mobile application and/or its servers or other computing 3 devices provide a search option to enter a search query and obtain search results. As 4 depicted in the screenshots below, a user can enter a search query (e.g., “San Francisco”) 5 via the Booking.com website or mobile application, in response to which Booking.com 6 produces corresponding search results. 7 8 9 10 11 12 13 14 15 16 17 18 19 20

21 22 23 24 25 receiving a search request from a user device via the network, the search request 26 including information related to the user device; -- Booking.com receives a search 27 request, including information related to the user device, from a user device via the 28 network.

54

Case 5:19-cv-06990-VKD Document 1 Filed 10/25/19 Page 56 of 114

1 For example, the Booking.com website and mobile app provide a search feature 2 allowing users to enter a search query. A user may operate a user device (e.g., a computer, 3 mobile phone, or tablet) to navigate to the Booking.com website or mobile app and enter 4 a search query (e.g., “San Francisco”), an example of which is depicted in the screenshots 5 below. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20

21 22 23 24 When the user enters the search query, the Booking.com website, back-end 25 servers, or other computing devices receive the query over the Internet in the form of a 26 search request. The search request includes, inter alia, information related to the user 27 device (e.g., user id, client id, browser information, etc). See 28

55

Case 5:19-cv-06990-VKD Document 1 Filed 10/25/19 Page 57 of 114

1 https://www.booking.com/content/privacy.en-gb.html?aid=356980;label=gog235jc- 2 1FCBooggI46AdICVgDaGy 3 IAQGYAQm4AQbIAQzYAQHoAQH4AQKIAgGoAgO4ApqI9- 4 QFwAIB;sid=6ec13ac04d125efcd8dd5a36e6af10ea;keep_landing=1&#policy-what (last 5 accessed Oct. 10, 2019) (“Even if you don’t end up making a Trip Reservation (and when 6 you do), when you visit our websites or apps we automatically collect certain information. 7 This includes your IP address, the date and time you accessed our services, the hardware, 8 software or internet browser you use and information about your computer’s operating 9 system, like application versions and your language settings. We also collect information 10 about clicks and which pages have been shown to you…If you are using a mobile device, 11 we collect data that identifies your mobile device, device-specific settings and 12 characteristics, app crashes and other system activity.”). 13 processing the search request by identifying a context chain related to the user 14 device based on information passed with the search request, the context chain including 15 a plurality of contexts, each context in the plurality of contexts being a private context 16 in which content is controlled by a publisher, or a public context in which content is 17 not controlled by a publisher; and – Booking.com processes the search request by 18 identifying a context chain related to the user device based on information passed with 19 the search request, the context chain including a plurality of contexts, each context in the 20 plurality of contexts being a private context in which content is controlled by a publisher,

21 or a public context in which content is not controlled by a publisher. 22 Booking.com collects and maintains several types of information related to users 23 and users’ devices. As Booking.com explains:

24 There are also other instances where you’ll provide us with information. For example, if you’re browsing with your mobile device, you can decide 25 to enable Booking.com to see your current location or grant access to your contact details – this helps us provide you with the best possible service and 26 experience (for example, to see our city guides, the nearest restaurants or attractions to your location or other recommendations). You can also open 27 a user account, which allows you to save your personal settings, upload photos, review previous bookings or plan and manage future reservations 28

56

Case 5:19-cv-06990-VKD Document 1 Filed 10/25/19 Page 58 of 114

or benefit from other features only available to account holders (such as 1 incentives or other benefits we may offer)…

2 Even if you don’t end up making a Trip Reservation (and when you do), when you visit our websites or apps we automatically collect certain 3 information. This includes your IP address, the date and time you accessed our services, the hardware, software or internet browser you use and 4 information about your computer’s operating system, like application versions and your language settings. We also collect information about 5 clicks and which pages have been shown to you…

6 If you are using a mobile device, we collect data that identifies your mobile device, device-specific settings and characteristics, app crashes and other 7 system activity. When you make a Trip Reservation, our system registers through which means and from which websites you have made your 8 reservation or entered the Booking.com websites and/or apps…

9 We offer free apps for a variety of mobile devices, as well as versions of our regular website that have been optimised for mobile and tablet 10 browsing. These apps and mobile websites process the personal details you give us in much the same way as our website does – and they also allow 11 you to use location services to find Trip Services nearby - if you want us to. With your consent, we may send you push notifications with information 12 about your Trip Reservation. You may grant us access to your location data or contact details in order to provide services requested by you. When you 13 upload a picture from your mobile device, your picture may also be tagged with your location information. Please read the instructions of your mobile 14 device to understand how to change the settings and enable the sharing of such data or the receipt of push notifications. 15 We make use of something known as cross-device tracking in order to 16 optimize our services and marketing activities. This may be done with or without the use of cookies. For more information about cookies and other 17 similar technologies, please see our Cookie Statement. With cross-device tracking, Booking.com is able to track user behaviour across multiple 18 devices. As part of cross-device tracking, Booking.com may combine data collected from a particular browser or mobile device with another computer 19 or device linked to the computer or device from which the data was collected… 20 Personalised advertisements shown to you on other websites or in apps, can 21 be offered based on your activities on linked computers and devices.

22 We also use functional cookies to remember your preferences and to help you to use our website and apps efficiently and effectively. If you are using 23 the Booking.com websites or apps to search for a Trip, for example, these cookies remember your preferred currency, language, your searches and 24 your previously viewed Trip Providers. We may also use cookies to remember your registration information so that you don’t have to retype 25 your login credentials each time you visit our site. Passwords will, however, always be encrypted. These functional cookies are not strictly necessary for 26 the functioning of our website or apps, but they add functionality and enhance your Booking.com experience. 27 28

57

Case 5:19-cv-06990-VKD Document 1 Filed 10/25/19 Page 59 of 114

1 https://www.booking.com/content/privacy.en-gb.html?aid=356980 2 ;label=gog235jc-1FCBooggI46AdICVgDaGyIAQGYAQm4AQbIAQzY 3 AQHoAQH4AQKIAgGoAgO4ApqI9-QFwAIB;sid=6ec13ac04d1 4 25efcd8dd5a36e6af10ea;keep_landing=1&#policy-what (last accessed Oct. 10, 2019). 5 Thus, in one example, when Booking.com receives a search request from a user’s 6 device, it processes the search request by identifying a context chain related to the user 7 device (e.g., the user’s booking, browsing, or search history, the user’s upcoming stays, 8 or the location history for the user’s device, among other possibilities) based on 9 information passed with the search request (e.g., user id, client id, browser information, 10 etc.). For example, Booking.com receives the information passed with the search request 11 (e.g., user id, client id, browser information, etc.) and uses it to retrieve from storage a 12 context chain related to the user device (e.g., the user’s booking, browsing, or search 13 history, the user’s upcoming stays, or the location history for the user’s device, among 14 other possibilities). Booking.com explains:

15 Based on your information, individualised offers may be shown to you on the Booking.com website, in mobile apps or on third-party websites/apps 16 (including social media sites) and the content of the site displayed to you may be personalized. 17 https://www.booking.com/content/privacy.en-gb.html?aid=356980; 18 label=gog235jc-1FCBooggI46AdICVgDaGyIAQGYAQm4AQbIA 19 QzYAQHoAQH4AQKIAgGoAgO4ApqI9- QFwAIB;sid=6ec13ac04d125ef 20 cd8dd5a36e6af10ea;keep_landing=1&#policy-what (last accessed Oct. 10, 2019). 21 When we talk about ranking, we’re referring to the order in which we 22 display available accommodations in guests’ search results. We sort these results based on what’s most relevant to guests’ particular preferences, 23 taking into account their past search behavior, specific market dynamics, and the overall performance of properties on our website. This makes it 24 easier to match guests with the right kind of accommodations and helps you attract guests who want to book your kind of property. 25 . . .

26 Our approach to ranking has never been static. Over the years. it's evolved with the changing needs and expectations of the people looking for 27 accommodations on Booking.com – your guests. To understand what’s important to guests when they search for accommodations, we constantly 28 ask for their feedback, study their past search patterns, and measure our

58

Case 5:19-cv-06990-VKD Document 1 Filed 10/25/19 Page 60 of 114

partners’ performance. As a result, our ranking system has become more 1 sophisticated and dynamic – and even more personalized for guests. Instead of presenting the same property rankings for all types of guests, we 2 customize guest search results to make them relevant to their preferences. This increases your chances of attracting guests who genuinely want to 3 book your kind of accommodations. However, we can only display a limited number of properties, so ranking is always relative. If one property 4 moves up, another will go down. 5 https://partner.booking.com/en-us/help/growing-your-business/all-you-need-know- 6 about-ranking-search-results-and-visibility(last accessed Oct. 10, 2019). 7 In the example described above, each context (e.g., a destination or property) in 8 the plurality of contexts is a private context in which content is controlled by a publisher. 9 For instance, Booking.com allows publishers (e.g., property owners or their agents) to list 10 their properties on Booking.com and to control content associated with the property (e.g., 11 photos, descriptions, prices, available reservations dates, etc.), as Booking.com explains:

12 To register your property, we just need:

13 1. Your property details (including facilities, room types, etc.).

14 2. Photos: You only need one to get started! You can always add more later. 15 3. Payment details. 16 4. Signed Booking.com agreement (completed at the end of registration). 17 18 19 20

21 22 23 24 25 https://partner.booking.com/en-us/help/working-booking/how-do-i-join-bookingcom 26 (last accessed Oct. 10, 2019); https://join.booking.com/ (last accessed Oct. 10, 2019). 27 28

59

Case 5:19-cv-06990-VKD Document 1 Filed 10/25/19 Page 61 of 114

1 In this way, properties are private contexts, in which content is controlled by a 2 publisher. 3 responding to the search request by providing at least one search result to the user 4 device, the search result being obtained from at least one context in the plurality of 5 contexts. – Booking.com responds to the search request by providing to the user device 6 at least one search result obtained from at least one context in the plurality of contexts. 7 For example, Booking.com produces search results in response to receiving the 8 search request from the user device. Particularly, Booking.com explains:

9 Based on your information, individualised offers may be shown to you on the Booking.com website, in mobile apps or on third-party websites/apps 10 (including social media sites) and the content of the site displayed to you may be personalized. 11 https://www.booking.com/content/privacy.en-gb.html?aid=356980; 12 label=gog235jc-1FCBooggI46AdICVgDaGyIAQGYAQm4AQbIA 13 QzYAQHoAQH4AQKIAgGoAgO4ApqI9-QFwAIB;sid=6ec13ac 14 04d125efcd8dd5a36e6af10ea;keep_landing=1&#policy-what 15 (last accessed Oct. 10, 2019). 16 When we talk about ranking, we’re referring to the order in which we 17 display available accommodations in guests’ search results. We sort these results based on what’s most relevant to guests’ particular preferences, 18 taking into account their past search behavior, specific market dynamics, and the overall performance of properties on our website. This makes it 19 easier to match guests with the right kind of accommodations and helps you attract guests who want to book your kind of property. 20 . . .

21 Our approach to ranking has never been static. Over the years. it's evolved with the changing needs and expectations of the people looking for 22 accommodations on Booking.com – your guests. To understand what’s important to guests when they search for accommodations, we constantly 23 ask for their feedback, study their past search patterns, and measure our partners’ performance. As a result, our ranking system has become more 24 sophisticated and dynamic – and even more personalized for guests. Instead of presenting the same property rankings for all types of guests, we 25 customize guest search results to make them relevant to their preferences. This increases your chances of attracting guests who genuinely want to 26 book your kind of accommodations. However, we can only display a limited number of properties, so ranking is always relative. If one property 27 moves up, another will go down. 28

60

Case 5:19-cv-06990-VKD Document 1 Filed 10/25/19 Page 62 of 114

1 https://partner.booking.com/en-us/help/growing-your-business/all-you-need-know- 2 about-ranking-search-results-and-visibility (last accessed Oct. 10, 2019). 3 As such, Booking.com produces search results that include at least one search 4 result that is obtained from one of the contexts in the identified context chain, as set forth 5 above. In a non-limiting example depicted below, in response to the search request that 6 included the query “San Francisco,” Booking.com produced a search result for “Club 7 Donatello” which was obtained from the user’s upcoming stay context. 8 9 10 11 12 13 14 15 16 17 18 19 20 130. For similar reasons, the respective search engine technologies provided by 21 Kayak.com, Priceline.com, Rentalcars.com, and Agoda.com, practice the method of claim 15. 22 131. Additionally, Booking Holdings has been, and currently is, an active inducer of 23 infringement of the ‘104 Patent under 35 U.S.C. § 271(b) and contributory infringer of the ‘104 24 Patent under 35 U.S.C. § 271(c). 25 132. Booking Holdings knew of the ‘104 Patent or at least should have known of the 26 ‘104 Patent but was willfully blind to its existence. On information and belief, Booking Holdings 27 28

61

Case 5:19-cv-06990-VKD Document 1 Filed 10/25/19 Page 63 of 114

1 has had actual knowledge of the ‘104 Patent since at least as early as the filing and/or service of 2 this Complaint. 3 133. Booking Holdings has provided the ‘104 Accused Products to its customers and, 4 on information and belief, instructions to use the ‘104 Accused Products in an infringing manner 5 while being on notice of (or willfully blind to) the ‘104 Patent and Booking Holdings’ 6 infringement. Therefore, on information and belief, Booking Holdings knew, or should have 7 known, of the ‘104 Patent and of its own infringing acts, or Booking Holdings deliberately took 8 steps to avoid learning of those facts. 9 134. Booking Holdings knowingly and intentionally encourages and aids at least its 10 end-user customers to directly infringe the ‘104 Patent. 11 135. On information and belief, Booking Holdings provides the ‘104 Accused Products 12 to customers through the Booking Holdings brands’ websites and/or various third-party 13 application stores (e.g., the Apple iTunes App Store) and instructions to end-user customers so 14 that such customers will use the ‘104 Accused Products in an infringing manner. 15 136. Booking Holdings’ end-user customers directly infringe one or more claims of the 16 ‘104 Patent by using the ‘104 Accused Products in their intended manner to infringe. Booking 17 Holdings induces such infringement by providing the Accused Products and instructions to enable 18 and facilitate infringement, knowing of, or being willfully blind to the existence of, the ‘104 19 Patent. On information and belief, Booking Holdings specifically intends that its actions result 20 in infringement of one or more claims of the ‘104 Patent, or Booking Holdings subjectively

21 believes that its actions result in infringement of the ‘104 Patent but takes deliberate actions to 22 avoid learning of those facts, as set forth above. 23 137. Additionally, Booking Holdings contributorily infringes one or more claims of the 24 ‘104 Patent by providing the ‘104 Accused Products and/or software components thereof that 25 embody a material part of the claimed inventions of the ‘104 Patent that are known by Booking 26 Holdings to be specially made or adapted for use in an infringing manner and are not staple 27 articles with substantial non-infringing uses. The ‘104 Accused Products are specially designed 28 to infringe one or more claims of the ‘104 Patent, and their accused components have no

62

Case 5:19-cv-06990-VKD Document 1 Filed 10/25/19 Page 64 of 114

1 substantial non-infringing uses. In particular, on information and belief, the software modules 2 and code that implement and perform the infringing functionalities identified above are specially 3 made and adapted to carry out said functionality and do not have any substantial non-infringing 4 uses. 5 138. Booking Holdings’ infringement of the ‘104 Patent was and continues to be, 6 willful and deliberate, entitling Corrino to enhanced damages. 7 139. Additional allegations regarding Booking Holdings’ knowledge of the ‘104 Patent 8 and willful infringement will likely have evidentiary support after a reasonable opportunity for 9 discovery. 10 140. Booking Holdings’ infringement of the ‘104 Patent is exceptional and entitles 11 Corrino to attorneys’ fees and costs incurred in prosecuting this action under 35 U.S.C. § 285. 12 141. Corrino is in compliance with any applicable marking and/or notice provisions of 13 35 U.S.C. § 287 with respect to the ‘104 Patent. 14 142. Corrino is entitled to recover from Booking Holdings all damages that Corrino has 15 sustained as a result of Booking Holdings’ infringement of the ‘104 Patent, including, without 16 limitation, a reasonable royalty. 17 COUNT III: INFRINGEMENT OF U.S. PATENT NO. 9,262,533 18 143. Corrino incorporates by reference and re-alleges all the foregoing paragraphs of 19 this Complaint as if fully set forth herein. 20 144. Booking Holdings has infringed and is infringing, either literally or under the

21 doctrine of equivalents, the ‘533 Patent in violation of 35 U.S.C. § 271 et seq., directly and/or 22 indirectly, by making, using, offering for sale, and/or selling in the United States and/or importing 23 into the United States without authority or license, products and/or services that infringe one or 24 more of the claims of the ‘533 Patent, including the www.Booking.com website and 25 Booking.com mobile application, the www.Kayak.com website and Kayak mobile application, 26 the www.Priceline.com website and Priceline mobile application, the www.Rentalcars.com 27 website and Rentalcars mobile application, the www.Agoda.com website and Agoda mobile 28

63

Case 5:19-cv-06990-VKD Document 1 Filed 10/25/19 Page 65 of 114

1 application, and the www.OpenTable.com website and OpenTable mobile application 2 (hereinafter “the ‘533 Accused Products”). 3 145. As just one non-limiting example, set forth below (with claim language in bold 4 and italics) is a description of infringement of exemplary claim 11 of the ‘533 Patent in 5 connection with the ‘533 Accused Products. This description is based on publicly available 6 information. Corrino reserves the right to modify this description, including, for example, on the 7 basis of information about the ‘533 Accused Products that it obtains during discovery. 8 11. A method for facilitating data searching over a network, the method comprising: -- 9 As described below, in conjunction with operation of the www.OpenTable.com website, 10 the OpenTable mobile application, and/or OpenTable’s servers or other computing 11 devices, OpenTable performs the method of claim 11, and thereby facilitates data 12 searching over a network. 13 For example, OpenTable facilitates data searching over a network (e.g., the 14 Internet) when its website, mobile application and/or its servers or other computing 15 devices provide a search option to enter a search query and obtain search results. As 16 depicted in the screenshots below, a user can enter a search query (e.g., “Italian”) via 17 OpenTable’s website or mobile application, in response to which OpenTable produces 18 corresponding search results. 19 20

21 22 23 24 25 26 27 28

64

Case 5:19-cv-06990-VKD Document 1 Filed 10/25/19 Page 66 of 114

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20

21 receiving a search request from a user device via the network, wherein the 22 search request includes information related to the user device; -- OpenTable receives a 23 search request, including information related to the user device, from a user device via 24 the network. 25 For example, OpenTable’s website and mobile app provide a search feature 26 allowing users to enter a search query. See https://help.opentable.com/s/article/Home-

27 Screen-Update-FAQ?language= 28

65

Case 5:19-cv-06990-VKD Document 1 Filed 10/25/19 Page 67 of 114

1 en_US (last accessed Oct. 10, 2019) (“The search bar can be found in the top right corner 2 of the homescreen where you’ll see a white magnifying glass. After tapping on the 3 magnifying glass, you will then have the options to change your party size, time, location 4 and search by a specific restaurant name.”). 5 A user may operate a user device (e.g., a computer, mobile phone, or tablet) to 6 navigate to the OpenTable website or mobile app and enter a search query (e.g., “Italian”), 7 an example of which is depicted in the screenshots below. 8 9 10 11 12 13 14 15 16 17 18 When the user enters the search query, OpenTable’s website, back-end servers, or 19 other computing devices receive the query over the Internet in the form of a search 20 request. The search request includes, inter alia, information related to the user device 21 22 23 24 25 26 27 28

66

Case 5:19-cv-06990-VKD Document 1 Filed 10/25/19 Page 68 of 114

1 (e.g., user id, client id, browser information, device location, etc.), examples of which are 2 depicted below. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20

21 22 23 24 25 26 27 28

67

Case 5:19-cv-06990-VKD Document 1 Filed 10/25/19 Page 69 of 114

1 Further, OpenTable explains:

2 When you use or visit our Services, we collect information directly from you (e.g., when you search for or make an online reservation). We may also 3 generate information about you (e.g., information about your device while you use our mobile application). In some cases, we also obtain personal 4 information from third parties (e.g., restaurants, business partners, our group companies, or other third parties)… 5 When you visit or use our Services, we automatically collect certain 6 information about your device (e.g., your mobile device, computer, or tablet), including information about your hardware and software, device 7 configuration, and nearby networks. Such data may include data about your device operating systems, browsers, and other software installed on your 8 device; device identifiers, such as IP address, IMEI number, MAC address, or other device identifier; country of origin, region and language settings; 9 and information about domain servers and wireless or network access points near your device. 10 https://www.opentable.com/legal/privacy-policy#InformationWeCollect (last accessed 11 Oct. 10, 2019). 12 processing the search request by identifying a context chain related to the user 13 device based on the information and by using the context chain to obtain a search result 14 in response to the search request, wherein the context chain includes a plurality of 15 contexts that are publishing spaces in which interpretation of the search request takes 16 place by using content published to the publishing spaces by publishers of different 17 viewpoints, -- OpenTable processes the search request by identifying a context chain 18 related to the user device based on the information, and by using the context chain to 19 obtain a search result in response to the search request, wherein the context chain includes 20 a plurality of contexts that are publishing spaces in which interpretation of the search 21 request takes place by using content published to the publishing spaces by publishers of 22 different viewpoints. 23 As non-limiting examples, OpenTable collects and maintains several types of 24 information related to users and users’ devices, including: 25 • “Dining Information,” which may include “primary dining city; current and past 26 restaurant reservation details; dining preferences; favorite restaurants; special restaurant requests; dining activity, including frequency, restaurants, restaurant type, 27 meal type, and cancellations),”

28

68

Case 5:19-cv-06990-VKD Document 1 Filed 10/25/19 Page 70 of 114

• “Device information,” which may include “certain information about your device 1 (e.g., your mobile device, computer, or tablet), including information about your hardware and software, device configuration, and nearby networks. Such data may 2 include data about your device operating systems, browsers, and other software installed on your device; device identifiers, such as IP address, IMEI number, MAC 3 address, or other device identifier; country of origin, region and language settings; and information about domain servers and wireless or network access points near your 4 device,”

5 • “Usage and performance information,” which may include “personal information about your usage of the Services, including information about your searches or 6 interactions with features of our Services; sites or restaurant pages visited; booking path; access times; and performance of our Services,” 7 • “Location information,” which may include “generic location information about you 8 (such as city or neighborhood) or, with your consent, precise geographic location data from your mobile device when the app is running and when it is not running, 9 depending on the choices you make when you are asked to consent to our collection of location information. For example, we may receive this information when you 10 select restaurant search locations, enter your local dining city in your account profile, when you are in proximity to certain beacons, choose to publish your location in 11 reviews you leave for restaurants on the Services, or in your comments or other communications with us. We may use and store this information to provide and 12 improve features of our Services, for example, to tailor our Services on a needs-based manner to better facilitate your requests and to provide you with more relevant content 13 about restaurants in your dining city or cities you visit,”

14 • “Browsing, usage and advertising details,” which may include “how you use our Services and/or third-party websites, applications, and services; and information 15 relating to your interactions with our advertising and marketing materials,”

16 • “Information from restaurants,” which may include “information that certain participating restaurants provide us about diners (for example, if you eat at a hotel 17 restaurant as a hotel guest, restaurants are able to flag that you are a guest at that hotel, or if you eat at a chain of restaurants, those restaurants can flag whether you have a 18 loyalty card or other information about interactions with those restaurants).” 19 https://www.opentable.com/legal/privacy-policy#InformationWeCollect (last accessed 20 Oct. 10, 2019).

21 Thus, in one example, when OpenTable receives a search request from a user’s 22 device, it processes the search request by identifying a context chain related to the user 23 device (e.g., the user’s dining history, browsing or search history, or the Location History 24 for the user’s device, among other possibilities) based on information passed with the 25 search request (e.g., user id, client id, browser information, device location, etc.). For 26 example, OpenTable receives the information passed with the search request (e.g., user 27 id, client id, browser information, etc.) and uses it to retrieve from storage a context chain 28

69

Case 5:19-cv-06990-VKD Document 1 Filed 10/25/19 Page 71 of 114

1 related to the user device (e.g., the Location History for the user’s device). OpenTable 2 explains:

3 We use your personal information for the following purposes (“Purposes”), to: Provide the Services, which includes providing you with the services, 4 products, and functionality offered through our Services and fulfilling your requests, including but not limited to: making reservations, reviewing 5 restaurants, paying for services or events, joining waitlists, and notifying people you add to or notify of your restaurant reservations through the 6 Services…

7 Tailor your experience with our Services, such as by making inferences or combining different pieces of information we have collected about you to 8 suggest restaurants that you may be interested in or otherwise tailor our Services to you according to your preferences or restrictions. For example, 9 if you frequently search for or book Italian restaurants or restaurants with outdoor seating in your home city, we may prioritize Italian restaurants with 10 outdoor seating in your search results when you look for reservations in another city. 11 https://www.opentable.com/legal/privacy-policy#InformationWeCollect (last accessed 12 Oct. 10, 2019). 13 An example context chain is depicted in green boxes in the screenshot below. 14 15 16 17 18 19 20

21 22 23 24 25 26 27 28

70

Case 5:19-cv-06990-VKD Document 1 Filed 10/25/19 Page 72 of 114

1 2 OpenTable uses the context chain to obtain a search result in response to the search 3 request. In particular, OpenTable returns search results that are associated with the 4 contexts of the context chain. For instance, OpenTable explains:

5 We use your personal information for the following purposes (“Purposes”), to: …Tailor your experience with our Services, such as by making 6 inferences or combining different pieces of information we have collected about you to suggest restaurants that you may be interested in or otherwise 7 tailor our Services to you according to your preferences or restrictions. For example, if you frequently search for or book Italian restaurants or 8 restaurants with outdoor seating in your home city, we may prioritize Italian restaurants with outdoor seating in your search results when you look for 9 reservations in another city. 10 https://www.opentable.com/legal/privacy-policy#InformationWeCollect (last accessed 11 Oct. 10, 2019). 12 As such, OpenTable produces search results that include at least one search result 13 that is obtained using the context chain, as set forth above. In a non-limiting example 14 depicted below, in response to the search request that included the query “Italian,” (red) 15 OpenTable produced a search result for “Mirabella Italian Cuisine,” (yellow) which was 16 obtained from the “Mirabella Italian Cuisine” context (green). 17 18 19 20

21 22 23 24 25 26 27 28

71

Case 5:19-cv-06990-VKD Document 1 Filed 10/25/19 Page 73 of 114

1 As further depicted above, the context chain includes a plurality of contexts (e.g., 2 the “Mirabella Italian Cuisine” context and the “Perbacco” context) that are publishing 3 spaces. For example, OpenTable provides a feature through which users can provide 4 public reviews of restaurants. https://help.opentable.com/s/article/Ratings-and-Reviews- 5 1505261056054? 6 language=en_US (last accessed Oct. 10, 2019) (“Ratings and reviews are diner generated 7 content intended to help those visiting OpenTable to find the restaurants that best fit their 8 needs and dining occasion . . . For restaurants participating in OpenTable's Ratings and 9 Reviews program, we will publish any reviews received that meet our Community 10 Standards regardless of whether they describe a positive or negative dining experience . . 11 . The presence of diner-generated reviews on OpenTable.com is intended to benefit both 12 the diners who use our service as well as our restaurant partners. For diners, our goal is to 13 help you decide where to dine and to give you the opportunity to help others in the 14 decision-making process.”). Thus, in OpenTable’s system, restaurants are publishing 15 spaces because users can associate content (e.g., reviews) with a restaurant. 16 Further, OpenTable interprets the search request by using content published to the 17 publishing spaces by publishers of different viewpoints. For instance, as depicted in the 18 screenshot below, OpenTable explains that “[t]he default order for search results reflects 19 a number of factors, including . . . restaurant location, search criteria, and restaurant 20 reviews and ratings.”

21 22 23 24 25 26 Thus, in the example above, OpenTable retrieved the restaurant search results 27 based at least in part in the reviews for the restaurants. Such reviews were published by 28

72

context

Case 5:19-cv-06990-VKD Document 1 Filed 10/25/19 Page 74 of 114

1 other publishers (e.g., users) and based on such publishers’ subjective dining experiences 2 As such, the content (e.g., reviews) was published by publishers (e.g., users) who were of 3 different viewpoints. 4 wherein the processing the search request includes: examining contexts in the context 5 chain in a last-in-first-out order in which the most recently added contexts to the context 6 chain are examined before earlier added contexts, and wherein at least one context of 7 the context chain is independently searchable with respect to other contexts of the 8 context chain; and -- OpenTable processes the search request by examining contexts in 9 the context chain in a last-in-first-out order in which the most recently added contexts to 10 the context chain are examined before earlier added contexts, and wherein at least one 11 context of the context chain is independently searchable with respect to other contexts of 12 the context chain. 13 OpenTable examines contexts in the context chain in a last-in-first-out order in 14 which the most recently added contexts to the context chain are examined before earlier 15 added contexts by retrieving and/or displaying recent restaurants and/or search results in 16 reverse chronological order. For example, as depicted below, the “Mirabella Italian 17 Cuisine” context was added to the context chain more recently, whereas the “perbacco” 18 context was added to the context chain earlier. 19 20

21 22 23 24 25 26 27 28

73

Case 5:19-cv-06990-VKD Document 1 Filed 10/25/19 Page 75 of 114

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Further, a user can independently search for each context in the context chain. For 19 instance, in the example presented above, a user can search for the “Mirabella Italian 20 Cuisine” restaurant independent of other restaurants. Accordingly, at least one context of 21 the context chain is independently searchable with respect to other contexts of the context 22 chain. 23 providing the search result to the user device. -- OpenTable responds to the user entered 24 search queries by “providing” or displaying the corresponding search result to the user 25 device, as depcited. 26 27 28

74

Case 5:19-cv-06990-VKD Document 1 Filed 10/25/19 Page 76 of 114

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 146. For similar reasons, the respective search engine technologies provided by 17 Kayak.com, Priceline.com, Rentalcars.com, and Agoda.com, practice the method of claim 11. 18 147. Additionally, Booking Holdings has been, and currently is, an active inducer of 19 infringement of the ‘533 Patent under 35 U.S.C. § 271(b) and contributory infringer of the ‘533 20 Patent under 35 U.S.C. § 271(c).

21 148. Booking Holdings knew of the ‘533 Patent or at least should have known of the 22 ‘533 Patent but was willfully blind to its existence. On information and belief, Booking Holdings 23 has had actual knowledge of the ‘533 Patent since at least as early as the filing and/or service of 24 this Complaint. 25 149. Booking Holdings has provided the ‘533 Accused Products to its customers and, 26 on information and belief, instructions to use the ‘533 Accused Products in an infringing manner 27 while being on notice of (or willfully blind to) the ‘533 Patent and Booking Holdings’ 28 infringement. Therefore, on information and belief, Booking Holdings knew, or should have

75

Case 5:19-cv-06990-VKD Document 1 Filed 10/25/19 Page 77 of 114

1 known, of the ‘533 Patent and of its own infringing acts, or Booking Holdings deliberately took 2 steps to avoid learning of those facts. 3 150. Booking Holdings knowingly and intentionally encourages and aids at least its 4 end-user customers to directly infringe the ‘533 Patent. 5 151. On information and belief, Booking Holdings provides the ‘533 Accused Products 6 to customers through the Booking Holdings brands’ websites and/or various third-party 7 application stores (e.g., the Apple iTunes App Store) and instructions to end-user customers so 8 that such customers will use the ‘533 Accused Products in an infringing manner. 9 152. Booking Holdings’ end-user customers directly infringe one or more claims of the 10 ‘533 Patent by using the ‘533 Accused Products in their intended manner to infringe. Booking 11 Holdings induces such infringement by providing the Accused Products and instructions to enable 12 and facilitate infringement, knowing of, or being willfully blind to the existence of, the ‘533 13 Patent. On information and belief, Booking Holdings specifically intends that its actions will 14 result in infringement of one or more claims of the ‘533 Patent, or Booking Holdings subjectively 15 believes that its actions will result in infringement of the ‘533 Patent but takes deliberate actions 16 to avoid learning of those facts, as set forth above. 17 153. Additionally, Booking Holdings contributorily infringes one or more claims of the 18 ‘533 Patent by providing the ‘533 Accused Products and/or software components thereof that 19 embody a material part of the claimed inventions of the ‘533 Patent that are known by Booking 20 Holdings to be specially made or adapted for use in an infringing manner and are not staple

21 articles with substantial non-infringing uses. The ‘533 Accused Products are specially designed 22 to infringe one or more claims of the ‘533 Patent, and their accused components have no 23 substantial non-infringing uses. In particular, on information and belief, the software modules 24 and code that implement and perform the infringing functionalities identified above are specially 25 made and adapted to carry out said functionality and do not have any substantial non-infringing 26 uses. 27 154. Booking Holdings’ infringement of the ‘533 Patent was and continues to be, 28 willful and deliberate, entitling Corrino to enhanced damages.

76

Case 5:19-cv-06990-VKD Document 1 Filed 10/25/19 Page 78 of 114

1 155. Additional allegations regarding Booking Holdings’ knowledge of the ‘533 Patent 2 and willful infringement will likely have evidentiary support after a reasonable opportunity for 3 discovery. 4 156. Booking Holdings’ infringement of the ‘533 Patent is exceptional and entitles 5 Corrino to attorneys’ fees and costs incurred in prosecuting this action under 35 U.S.C. § 285. 6 157. Corrino is in compliance with any applicable marking and/or notice provisions of 7 35 U.S.C. § 287 with respect to the ‘533 Patent. 8 158. Corrino is entitled to recover from Booking Holdings all damages that Corrino has 9 sustained as a result of Booking Holdings’ infringement of the ‘533 Patent, including, without 10 limitation, a reasonable royalty. 11 COUNT IV: INFRINGEMENT OF U.S. PATENT NO. 6,741,188 12 159. Corrino incorporates by reference and re-alleges all the foregoing paragraphs of 13 this Complaint as if fully set forth herein. 14 160. Booking Holdings has infringed and is infringing, either literally or under the 15 doctrine of equivalents, the ‘188 Patent in violation of 35 U.S.C. § 271 et seq., directly and/or 16 indirectly, by making, using, offering for sale, and/or selling in the United States and/or importing 17 into the United States without authority or license, products and/or services that infringe one or 18 more of the claims of the ‘188 Patent, including at least the www.Booking.com website and 19 Booking.com mobile application, the www.Kayak.com website and Kayak mobile application, 20 the www.Priceline.com website and Priceline mobile application, the www.Agoda.com website

21 and Agoda mobile application, and the www.OpenTable.com website and OpenTable mobile 22 application (hereinafter “the ‘188 Accused Products”). 23 161. As just one non-limiting example, set forth below (with claim language in bold 24 and italics) is a description of infringement of exemplary claim 15 of the ‘188 Patent in 25 connection with the ‘188 Accused Products. This description is based on publicly available 26 information. Corrino reserves the right to modify this description, including, for example, on the 27 basis of information about the Accused Products that it obtains during discovery. 28

77

Case 5:19-cv-06990-VKD Document 1 Filed 10/25/19 Page 79 of 114

1 15. A method for providing data to a mobile data receiver comprising: -- Booking.com 2 provides search engine technology that allows users to “search hundreds of travel sites at 3 once.” www.booking.kayak.com. As set forth below, Booking.com’s search engine 4 technology practices the method of claim 15. 5 automatically defining a data profile for a user of the mobile data receiver based on the 6 user’s prior query history; -- Booking.com automatically defines a data profile for a user 7 of a mobile data receiver based on the user’s prior query history. 8 For example, while a user of a mobile device submits a query to Booking.com 9 (e.g., via the www.Booking.com website or mobile app), Booking.com automatically 10 defines a data profile for the user of the mobile device comprising various information, 11 which Booking.com leverages to improve its searching services. See, e.g., 12 https://www.booking.com/content/ 13 privacy.html (“Booking.com collects and uses information that you provide us. . . . 14 Personal data we collect automatically. Even if you don’t end up making a Trip 15 Reservation (and when you do), when you visit our websites or apps, we automatically 16 collect certain information. This includes your IP address, the date and time you accessed 17 our services, the hardware, software or internet browser you used and information about 18 your computer’s operating system, like application versions and your language settings. 19 We also collect information about clicks and which pages were shown to you. If you’re 20 using a mobile device, we might also collect data that identifies your mobile device,

21 device-specific settings and characteristics, location details, app crashes, and other system 22 activity. When you make a reservation, our system registers through which means and 23 from which websites you made your reservation or entered the Booking.com websites 24 and/or apps. . . . We use the information collected about you for various purposes. . . . We 25 also use personal data for analytical purposes. This is part of our mission to improve our 26 services and enhance the user experience, but can also be used for testing purposes, 27 troubleshooting, and improving the functionality and quality of our online travel services. 28 The main goal here is to optimize and customize our online platform to your needs,

78

Case 5:19-cv-06990-VKD Document 1 Filed 10/25/19 Page 80 of 114

1 making our site easier and more enjoyable to use. We strive to only use pseudonymized 2 data for these analytical purposes. . . . We make use of something known as cross-device 3 tracking in order to optimize our services and marketing activities. . . . With cross-device 4 tracking, Booking.com is able to track user behavior across multiple devices. As part of 5 cross-device tracking, Booking.com may combine data collected from a particular 6 browser or mobile device with another computer or device linked to the computer or 7 device from which the data was collected.”). 8 determining the position of the mobile data receiver; -- Booking.com determines the 9 position of the mobile data receiver. 10 For example, Booking.com determines the position of a mobile device after a user 11 of that mobile device enables locations services for the www.Booking.com website or 12 mobile app on the mobile device. See, e.g., 13 https://www.booking.com/content/privacy.html (“We offer free apps for a variety of 14 mobile devices, as well as versions of our regular website that have been optimized for 15 mobile and tablet browsing. These apps and mobile websites process the personal details 16 you give us in much the same way as our website does, and they also allow you to use 17 location services to find Trip Services nearby, if you want us to. . . . There are also other 18 instances where you’ll provide us with information. For example, if you’re browsing with 19 your mobile device, you can decide to enable Booking.com to see your current location 20 or grant access to your contact details – this helps us provide you with the best possible

21 service and experience (e.g. to see our city guides, the nearest restaurants & attractions to 22 your location, or other recommendations).”). 23 automatically inserting a unique region identifier associated with the position of the 24 mobile data receiver; -- Booking.com automatically inserts a unique region identifier 25 associated with the position of the mobile data receiver. 26 For example, on information and belief, after Booking.com determines the 27 position of a mobile device, Booking.com automatically identifies and inserts a unique 28 region identifier associated with the determined position of the mobile device, such as at

79

Case 5:19-cv-06990-VKD Document 1 Filed 10/25/19 Page 81 of 114

1 least one of a country, region, city, or district identifier corresponding to the determined 2 position of the mobile device. Indeed, as shown below in a subsequent claim limitation, 3 in conjunction with returning search results for a “nearby” (or “around current location”) 4 search, Booking.com automatically identifies and inserts a unique region identifier (e.g., 5 “West Loop”) associated with the determined position of the mobile device to provide 6 search results applicable to that identified region. See also, e.g., 7 https://www.booking.com/content/privacy.html (“These apps and mobile websites 8 process the personal details you give us in much the same way as our website does, and 9 they also allow you to use location services to find Trip Services nearby, if you want us 10 to. . . . There are also other instances where you’ll provide us with information. For 11 example, if you’re browsing with your mobile device, you can decide to enable 12 Booking.com to see your current location . . . – this helps us provide you with the best 13 possible service and experience (e.g. to see . . . the nearest restaurants & attractions to 14 your location, or other recommendations).”). 15 forming a query based upon the data profile; -- Booking.com forms a query based upon 16 the data profile. 17 For example, when a user of a mobile device submits a search via the 18 www.Booking.com website or mobile app on the mobile device, Booking.com forms a 19 query using information from a data profile Booking.com defined for the user of the 20 mobile device and information provided by the user in the particular search. See, e.g.,

21 https://www.booking.com/content/privacy.html (“Cookies are used for different 22 purposes. They allow you to be recognized as the same user across the different pages of 23 a website, between websites, or when you use an app. The types of info that we collect 24 through cookies include IP address; device ID; viewed pages; browser type; browsing 25 info; operating system; internet service provider; timestamp; whether you have responded 26 to an advertisement; the referring URL; and features used or activities engaged in within 27 the website/apps. . . . We also use functional cookies to remember your preferences and 28 help you use our website and apps efficiently and effectively. If you’re using the

80

Case 5:19-cv-06990-VKD Document 1 Filed 10/25/19 Page 82 of 114

1 Booking.com websites or apps to search for a Trip, for example, these cookies remember 2 your preferred currency, language, your searches, and your previously viewed Trip 3 Providers.”). 4 utilizing a search engine to compile a set of data responsive to the query; -- 5 Booking.com utilizes a search engine to compile a set of data responsive to the query. 6 For example, in response to receiving a search from a user’s mobile device via the 7 www.Booking.com website or mobile app on the mobile device, Booking.com utilizes a 8 search engine to compile a set of data responsive to a query formed by Booking.com. See, 9 e.g., https://apps.apple.com/us/app/booking-com-travel-deals/id367003839 (“Find a stay 10 for your vacation, weekend getaway, or business trip anywhere in the world! Search for 11 Hotels, Motels & Vacation Homes • 27 million hotels, vacation rentals, homes, 12 apartments, and other unique places to stay • Search by city, attraction, landmark, or hotel 13 name with just one tap • Filter by price, review score, WiFi quality, and other things 14 important to you • Find your last-minute stay or book far in advance”); 15 www.booking.kayak.com (“Search hundreds of travel sites at once.”). 16 forming and dynamically updating a subset of the set of data based on the unique region 17 identifier and at least one other region identifier embedded within the data of a plurality 18 of websites; and – Booking.com forms and dynamically updates a subset of the set of data 19 based on the unique region identifier and at least one other region identifier embedded 20 within the data of a plurality of websites.

21 For example, after Booking.com compiles a set of data responsive to a query 22 formed by Booking.com, Booking.com forms a subset of the set of data based on (i) a 23 unique region identifier associated with a determined position of a mobile device that 24 submitted the initial search to Booking.com and (ii) respective region identifiers 25 embedded within the data of a plurality of websites, such as by identifying websites with 26 embedded region identifiers that match, or whose respective locations are within a given 27 proximity to, the region associated with the mobile device. To illustrate, the following 28

81

Case 5:19-cv-06990-VKD Document 1 Filed 10/25/19 Page 83 of 114

1 screenshots show an example “nearby” search submitted by a mobile device to 2 Booking.com: 3 4 5 6 7 8 9 10 11 12 13 14 15

16 Booking.com associates the mobile device’s location with a given region identifier 17 (e.g., “West Loop”) and forms a set of search results comprising websites having 18 embedded region codes that match, or whose respective locations are within a given 19 proximity to, the region associated with the mobile device, as demonstrated by the subset 20 of data that the mobile device received from Booking.com in the below screenshots. 21 22 23 24 25 26 27 28

82

Case 5:19-cv-06990-VKD Document 1 Filed 10/25/19 Page 84 of 114

1 2 3 4 5 6 7 8 9 10 11 12 13 Moreover, Booking.com dynamically updates the subset of the set of data based 14 on (i) the unique region identifier associated with the determined position of the mobile 15 device that submitted the initial search to Booking.com and (ii) respective region 16 identifiers embedded within the data of a plurality of websites, including but not limited 17 to when the determined position of the mobile device changes and/or when the user 18 “zooms in/out” the user interface region displayed by the Booking.com mobile app (as 19 identified in red below). 20

21 22 23 24 25 26 27 28

83

Case 5:19-cv-06990-VKD Document 1 Filed 10/25/19 Page 85 of 114

1 2 3 4 5 6 7 8 9 10 11 12 13 14 transmitting the subset of data to the mobile data receiver. – Booking.com transmits the 15 subset of data to the mobile data receive. 16 For example, Booking.com transmits search results to a mobile device that 17 submitted a search to Booking.com, as illustrated in the above screenshots. 18 162. Additionally, Booking Holdings has been, and currently is, an active inducer of 19 infringement of the ‘188 Patent under 35 U.S.C. § 271(b) and contributory infringer of the ‘188 20 Patent under 35 U.S.C. § 271(c). 21 163. Booking Holdings knew of the ‘188 Patent or at least should have known of the 22 ‘188 Patent but was willfully blind to its existence. On information and belief, Booking Holdings 23 has had actual knowledge of the ‘188 Patent since at least as early as the filing and/or service of 24 this Complaint. 25 164. Booking Holdings has provided the ‘188 Accused Products to its customers and, 26 on information and belief, instructions to use the ‘188 Accused Products in an infringing manner 27 while being on notice of (or willfully blind to) the ‘188 Patent and Booking Holdings’ 28

84

Case 5:19-cv-06990-VKD Document 1 Filed 10/25/19 Page 86 of 114

1 infringement. Therefore, on information and belief, Booking Holdings knew, or should have 2 known, of the ‘188 Patent and of its own infringing acts, or Booking Holdings deliberately took 3 steps to avoid learning of those facts. 4 165. Booking Holdings knowingly and intentionally encourages and aids at least its 5 end-user customers to directly infringe the ‘188 Patent. 6 166. On information and belief, Booking Holdings provides the ‘188 Accused Products 7 to customers through the Booking Holdings brands’ websites and/or various third-party 8 application stores (e.g., the Apple iTunes App Store) and instructions to end-user customers so 9 that such customers will use the ‘188 Accused Products in an infringing manner. 10 167. Booking Holdings’ end-user customers directly infringe one or more claims of the 11 ‘188 Patent by using the ‘188 Accused Products in their intended manner to infringe. Booking 12 Holdings induces such infringement by providing the ‘188 Accused Products and instructions to 13 enable and facilitate infringement, knowing of, or being willfully blind to the existence of, the 14 ‘188 Patent. On information and belief, Booking Holdings specifically intends that its actions 15 result in infringement of one or more claims of the ‘188 Patent, or Booking Holdings subjectively 16 believes that its actions will result in infringement of the ‘188 Patent but takes deliberate actions 17 to avoid learning of those facts, as set forth above. 18 168. Additionally, Booking Holdings contributorily infringes one or more claims of the 19 ‘188 Patent by providing the ‘188 Accused Products and/or software components thereof that 20 embody a material part of the claimed inventions of the ‘188 Patent that are known by Booking

21 Holdings to be specially made or adapted for use in an infringing manner and are not staple 22 articles with substantial non-infringing uses. The ‘188 Accused Products are specially designed 23 to infringe one or more claims of the ‘188 Patent, and their accused components have no 24 substantial non-infringing uses. In particular, on information and belief, the software modules 25 and code that implement and perform the infringing functionalities identified above are specially 26 made and adapted to carry out said functionality and do not have any substantial non-infringing 27 uses. 28

85

Case 5:19-cv-06990-VKD Document 1 Filed 10/25/19 Page 87 of 114

1 169. Booking Holdings’ infringement of the ‘188 Patent was and continues to be, 2 willful and deliberate, entitling Corrino to enhanced damages. 3 170. Additional allegations regarding Booking Holdings’ knowledge of the ‘188 Patent 4 and willful infringement will likely have evidentiary support after a reasonable opportunity for 5 discovery. 6 171. Booking Holdings’ infringement of the ‘188 Patent is exceptional and entitles 7 Corrino to attorneys’ fees and costs incurred in prosecuting this action under 35 U.S.C. § 285. 8 172. Corrino is in compliance with any applicable marking and/or notice provisions of 9 35 U.S.C. § 287 with respect to the ‘188 Patent. 10 173. Corrino is entitled to recover from Booking Holdings all damages that Corrino has 11 sustained as a result of Booking Holdings’ infringement of the ‘188 Patent, including, without 12 limitation, a reasonable royalty. 13 COUNT V: INFRINGEMENT OF U.S. PATENT NO. 7,385,501 14 174. Corrino incorporates by reference and re-alleges all the foregoing paragraphs of 15 this Complaint as if fully set forth herein. 16 175. Booking Holdings has infringed and is infringing, either literally or under the 17 doctrine of equivalents, the ‘501 Patent in violation of 35 U.S.C. § 271 et seq., directly and/or 18 indirectly, by making, using, offering for sale, and/or selling in the United States and/or importing 19 into the United States without authority or license, products and/or services that infringe one or 20 more of the claims of the ‘501 Patent, including at least the www.Booking.com website and

21 mobile application, the www.Kayak.com website and Kayak mobile application, the 22 www.Priceline.com website and Priceline mobile application, the www.Agoda.com website and 23 Agoda mobile application, and the www.OpenTable.com website and OpenTable mobile 24 application (hereinafter “the ‘501 Accused Products”). 25 176. As just one non-limiting example, set forth below (with claim language in bold 26 and italics) is a description of infringement of exemplary claim 19 of the ‘501 Patent in 27 connection with the ‘501 Accused Products. This description is based on publicly available 28

86

Case 5:19-cv-06990-VKD Document 1 Filed 10/25/19 Page 88 of 114

1 information. Corrino reserves the right to modify this description, including, for example, on the 2 basis of information about the ‘501 Accused Products that it obtains during discovery. 3 9. A computing device that facilitates searching for content, comprising: -- As described 4 below, in conjunction with the OpenTable mobile application and/or the 5 www.OpenTable.com website, OpenTable at least makes and uses, and encourages 6 OpenTable users to at least make and use, a computing device configured in accordance 7 with claim 9. 8 On information and belief, OpenTable, through its employees (e.g., software 9 developers, user support staff, etc.), has made and used, and continues making and using, 10 computing devices configured in accordance with claim 9, such as (i) during development 11 of the OpenTable mobile application and/or the www.OpenTable.com website, (ii) while 12 developing updates and/or revisions to the OpenTable mobile application and/or the 13 www.OpenTable.com website, and/or (iii) while providing customer support related to 14 the OpenTable mobile application and/or the www.OpenTable.com website. 15 a memory that stores data; and – OpenTable at least makes and uses, and encourages 16 OpenTable users to at least make and use, a computing device comprising a memory that 17 stores data. 18 For example, each user device (e.g., a mobile device, laptop computer, etc.) 19 installed with or otherwise running the OpenTable mobile application and/or the 20 www.OpenTable.com website comprises a memory configured to store data. See, e.g.,

21 https://apps.apple.com/app/id296581815 (“Discover great dining experiences and make 22 free restaurant reservations at more than 48,000 restaurants around the world. The perfect 23 travel app to dine like a local, find restaurants by location, cuisine and more plus get 24 personalized recommendations based on your preferences. . . . Find restaurants: Near me 25 Now . . . . Requires iOS 11.0 or later. Compatible with iPhone, iPad, and iPod touch.”); 26 see also, e.g., https://play.google.com/store/apps/details? id=com.opentable&hl=en_US. 27 a processor that transmits to a search engine search queries for web pages and 28 information related to location specific areas of interest to a user, the processor provides

87

Case 5:19-cv-06990-VKD Document 1 Filed 10/25/19 Page 89 of 114

1 to the user search results comprising a plurality of web pages that are filtered at least 2 in part on the location specific information and one or more embedded region codes. - 3 - OpenTable at least makes and uses, and encourages OpenTable users to at least make 4 and use, a computing device comprising a processor that transmits to a search engine 5 search queries for web pages and information related to location specific areas of interest 6 to a user, the processor provides to the user search results comprising a plurality of web 7 pages that are filtered at least in part on the location specific information and one or more 8 embedded region codes. 9 For example, each user device (e.g., a mobile device, laptop computer, etc.) 10 installed with or otherwise running the OpenTable mobile application and/or the 11 www.OpenTable.com website comprises a processor configured to transmit to one or 12 more OpenTable servers search queries for web pages and information related to location 13 specific areas of interest (e.g., nearby restaurants) to a user of such a user device. See, 14 e.g., https://apps.apple.com/app/id296581815 (“Discover great dining experiences and 15 make free restaurant reservations at more than 48,000 restaurants around the world. The 16 perfect travel app to dine like a local, find restaurants by location, cuisine and more plus 17 get personalized recommendations based on your preferences. . . . Find restaurants: Near 18 me Now . . . .”); see also, e.g., https://www.opentable.com (displaying the following 19 message once a search is submitted “OpenTable is connecting to restaurants and searching 20 their computer reservation systems to find tables for you.”). For instance, as illustrated

21 by the annotated example screenshots below, an OpenTable query includes at least an 22 23 24 25 26 27 28

88

Case 5:19-cv-06990-VKD Document 1 Filed 10/25/19 Page 90 of 114

1 indication of the geographic position of the user device by which OpenTable identifies 2 web pages related to restaurants nearby the user device: 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Moreover, each user device (e.g., a mobile device, laptop computer, etc.) installed 19 with or otherwise running the OpenTable mobile application and/or the 20 www.OpenTable.com website comprises a processor configured to receive and then 21 output to a user search results comprising a plurality of web pages (e.g., respective 22 OpenTable restaurant pages) that are filtered at least in part on the geographic position of 23 the user device and one or more embedded region codes. For instance, as illustrated by 24 the annotated example screenshots below, search results from an OpenTable query can be 25 filtered based on a distance from the geographic position of the user device and one or 26 more region codes (e.g., “West Loop”) embedded within the respective OpenTable 27 restaurant pages: 28

89

Case 5:19-cv-06990-VKD Document 1 Filed 10/25/19 Page 91 of 114

1 2 3 4 5 6 7 8 9 10 11 12 13

14 15 16 17 18 19 20

21 22 23 24 25 26 27 28

90

Case 5:19-cv-06990-VKD Document 1 Filed 10/25/19 Page 92 of 114

1 2 177. Additionally, Booking Holdings has been, and currently is, an active inducer of 3 infringement of the ‘501 Patent under 35 U.S.C. § 271(b) and contributory infringer of the ‘501 4 Patent under 35 U.S.C. § 271(c). 5 178. Booking Holdings knew of the ‘501 Patent or at least should have known of the 6 ‘501 Patent but was willfully blind to its existence. On information and belief, Booking Holdings 7 has had actual knowledge of the ‘501 Patent since at least as early as the filing and/or service of 8 this Complaint. 9 179. Booking Holdings has provided the ‘501 Accused Products to its customers and, 10 on information and belief, instructions to (i) make an infringing device comprising one or more 11 of the Kayak, Priceline, Agoda, or OpenTable mobile applications and/or (ii) use such a device 12 or the ‘501 Accused Products in an infringing manner while being on notice of (or willfully blind 13 to) the ‘501 Patent and Booking Holdings’ infringement. Therefore, on information and belief, 14 Booking Holdings knew, or should have known, of the ‘501 Patent and of its own infringing acts, 15 or Booking Holdings deliberately took steps to avoid learning of those facts. 16 180. Booking Holdings knowingly and intentionally encourages and aids at least its 17 end-user customers to directly infringe the ‘501 Patent. 18 181. On information and belief, Booking Holdings provides the ‘501 Accused Products 19 to customers through the Booking Holdings brands’ websites and/or various third-party 20 application stores (e.g., the Apple iTunes App Store) and instructions to end-user customers so

21 that such customers will (i) make an infringing device comprising one or more of the Kayak, 22 Priceline, Agoda, or OpenTable mobile applications and/or (ii) use such a device or the ‘501 23 Accused Products in an infringing manner. 24 182. Booking Holdings’ end-user customers directly infringe one or more claims of the 25 ‘501 Patent by (i) making an infringing device via downloading one or more of the Kayak, 26 Priceline, Agoda, or OpenTable mobile applications and/or (ii) using such a device or the ‘501 27 Accused Products in their intended manner to infringe. Booking Holdings induces such 28 infringement by providing the ‘501 Accused Products and instructions to enable and facilitate

91

Case 5:19-cv-06990-VKD Document 1 Filed 10/25/19 Page 93 of 114

1 infringement, knowing of, or being willfully blind to the existence of, the ‘501 Patent. On 2 information and belief, Booking Holdings specifically intends that its actions will result in 3 infringement of one or more claims of the ‘501 Patent, or Booking Holdings subjectively believes 4 that its actions will result in infringement of the ‘501 Patent but takes deliberate actions to avoid 5 learning of those facts, as set forth above. 6 183. Additionally, Booking Holdings contributorily infringes one or more claims of the 7 ‘501 Patent by providing the ‘501 Accused Products and/or software components thereof that 8 embody a material part of the claimed inventions of the ‘501 Patent that are known by Booking 9 Holdings to be specially made or adapted for use in an infringing manner and are not staple 10 articles with substantial non-infringing uses. The ‘501 Accused Products are specially designed 11 to infringe one or more claims of the ‘501 Patent, and their accused components have no 12 substantial non-infringing uses. In particular, on information and belief, the software modules 13 and code that implement and perform the infringing functionalities identified above are specially 14 made and adapted to carry out said functionality and do not have any substantial non-infringing 15 uses. 16 184. Booking Holdings’ infringement of the ‘501 Patent was and continues to be, 17 willful and deliberate, entitling Corrino to enhanced damages. 18 185. Additional allegations regarding Booking Holdings’ knowledge of the ‘501 Patent 19 and willful infringement will likely have evidentiary support after a reasonable opportunity for 20 discovery.

21 186. Booking Holdings’ infringement of the ‘501 Patent is exceptional and entitles 22 Corrino to attorneys’ fees and costs incurred in prosecuting this action under 35 U.S.C. § 285. 23 187. Corrino is in compliance with any applicable marking and/or notice provisions of 24 35 U.S.C. § 287 with respect to the ‘501 Patent. 25 188. Corrino is entitled to recover from Booking Holdings all damages that Corrino has 26 sustained as a result of Booking Holdings’ infringement of the ‘501 Patent, including, without 27 limitation, a reasonable royalty. 28

92

Case 5:19-cv-06990-VKD Document 1 Filed 10/25/19 Page 94 of 114

1 COUNT VI: INFRINGEMENT OF U.S. PATENT NO. 7,847,685 2 189. Corrino incorporates by reference and re-alleges all the foregoing paragraphs of 3 this Complaint as if fully set forth herein. 4 190. Booking Holdings has infringed and is infringing, either literally or under the 5 doctrine of equivalents, the ‘685 Patent in violation of 35 U.S.C. § 271 et seq., directly and/or 6 indirectly, by making, using, offering for sale, or selling in the United States and/or importing 7 into the United States without authority or license, products and/or services that infringe one or 8 more of the claims of the ‘685 Patent, including at least the www.Booking.com website and 9 Booking.com mobile application, the www.Kayak.com website and Kayak mobile application, 10 the www.Priceline.com website and Priceline mobile application, the www.Agoda.com website 11 and Agoda mobile application, and the www.OpenTable.com website and OpenTable mobile 12 application (hereinafter “the ‘685 Accused Products”). 13 191. As a first non-limiting example, set forth below (with claim language in bold and 14 italics) is a description of infringement of exemplary claim 19 of the ‘685 Patent in connection 15 with the ‘685 Accused Products. This description is based on publicly available information. 16 Corrino reserves the right to modify this description, including, for example, on the basis of 17 information about the ‘685 Accused Products that it obtains during discovery. 18 19. A system comprising: -- As described below, in conjunction with the OpenTable 19 mobile application and/or the www.OpenTable.com website, OpenTable at least makes, 20 uses, sells, and/or offers to sell a system (e.g., a server-based system) configured in

21 accordance with claim 19. 22 one or more processors configured to receive a search query from a communications 23 device, the search query comprising an identifier corresponding to the communications 24 device, an indication of the geographic position of the communications device, a search 25 distance, and at least one search term; and -- OpenTable at least makes, uses, sells, 26 and/or offers to sell a system (e.g., a server-based system) comprising one or more 27 processors configured to receive a search query from a communications device, the search 28 query comprising an identifier corresponding to the communications device, an indication

93

Case 5:19-cv-06990-VKD Document 1 Filed 10/25/19 Page 95 of 114

1 of the geographic position of the communications device, a search distance, and at least 2 one search term. 3 For example, one or more OpenTable servers are configured to receive a search 4 query from a user’s communications device (e.g., mobile phone) when the user submits a 5 restaurant search through the OpenTable mobile application and/or the 6 www.OpenTable.com website. See, e.g., https://apps.apple.com/app/id296581815 7 (“Discover great dining experiences and make free restaurant reservations at more than 8 48,000 restaurants around the world. The perfect travel app to dine like a local, find 9 restaurants by location, cuisine and more plus get personalized recommendations based 10 on your preferences. . . . Find restaurants: Near me Now . . . .”). For instance, as illustrated 11 by the annotated example screenshots below, an OpenTable query includes at least an 12 indication of the geographic position of the communications device, a search distance, 13 and at least one search term: 14 15 16 17 18 19 20

21 22 23 24 25 26 27 28

94

Case 5:19-cv-06990-VKD Document 1 Filed 10/25/19 Page 96 of 114

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15

16 See also, e.g., https://www.opentable.com/legal/privacy-policy (“Location information. If 17 you use our Services, we automatically collect generic location information about you 18 (such as city or neighborhood) or, with your consent, precise geographic location data 19 from your mobile device when the app is running and when it is not running, depending 20 on the choices you make when you are asked to consent to our collection of location 21 information. For example, we may receive this information when you select restaurant 22 search locations, enter your local dining city in your account profile, when you are in 23 proximity to certain beacons, choose to publish your location in reviews you leave for 24 restaurants on the Services, or in your comments or other communications with us.”). 25 Moreover, an OpenTable query further includes an identifier corresponding to the 26 communications device submitting the query. See, e.g., 27 https://www.opentable.com/legal/privacy-policy (“Device information. When you visit 28

95

Case 5:19-cv-06990-VKD Document 1 Filed 10/25/19 Page 97 of 114

1 or use our Services, we automatically collect certain information about your device (e.g., 2 your mobile device, computer, or tablet), including information about your hardware and 3 software, device configuration, and nearby networks. Such data may include data about 4 your device operating systems, browsers, and other software installed on your device; 5 device identifiers, such as IP address, IMEI number, MAC address, or other device 6 identifier; country of origin, region and language settings; and information about domain 7 servers and wireless or network access points near your device.”). 8 wherein the one or more processors are configured to initiate the transmission of a list 9 of one or more search results to the communications device in response to the search 10 query, -- OpenTable at least at least makes, uses, sells, and/or offers to sell a system (e.g., 11 a server-based system) comprising one or more processors configured to initiate the 12 transmission of a list of one or more search results to the communications device in 13 response to the search query. 14 For instance, one or more OpenTable servers are configured to transmit, in 15 response to an OpenTable query, a list of one or more search results to a communications 16 device that submitted the query. Examples of this functionality are shown in the below 17 screenshots: 18 19 20

21 22 23 24 25 26 27 28

96

Case 5:19-cv-06990-VKD Document 1 Filed 10/25/19 Page 98 of 114

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20

21 22 23 24 25 26 27 28

97

Case 5:19-cv-06990-VKD Document 1 Filed 10/25/19 Page 99 of 114

1 wherein the list of one or more search results comprises at least one search result that 2 is associated with a location code corresponding to a geographic region, wherein the 3 geographic region corresponding to the location code associated with the at least one 4 search result is a geographic region that is within the specified search distance from 5 the geographic position of the communications device specified in the received search 6 query. –The transmitted list of one or more search results from OpenTable includes at 7 least one search result that is associated with a location code corresponding to a 8 geographic region, wherein the geographic region corresponding to the location code 9 associated with the at least one search result is a geographic region that is within the 10 specified search distance from the geographic position of the communications device 11 specified in the received search query. 12 For instance, as shown in the following example screenshots, OpenTable’s search 13 results include at least one search result that is associated with a location code 14 corresponding to a geographic region that is within a specified search distance from the 15 geographic position of a communications device that submitted the OpenTable query 16 (e.g., “West Loop,” “Lincoln Park,” “Gold Coast / Streeterville”). 17 18 19 20

21 22 23 24 25 26 27 28

98

Case 5:19-cv-06990-VKD Document 1 Filed 10/25/19 Page 100 of 114

1 2 3 4 5 6 7 8 9 10 11 12 13 14 Indeed, OpenTable enables a user to search/filter by “neighborhood,” which 15 demonstrates that OpenTable search results are associated with a respective location code 16 corresponding to a respective geographic region: 17 18 19 20

21 22 23 24 25 26 27 28

99

Case 5:19-cv-06990-VKD Document 1 Filed 10/25/19 Page 101 of 114

1 2 192. As a second non-limiting example, set forth below (with claim language in bold 3 and italics) is a description of infringement of exemplary claim 19 of the ‘685 Patent in 4 connection with the ‘685 Accused Products. This description is based on publicly available 5 information. Corrino reserves the right to modify this description, including, for example, on the 6 basis of information about the ‘685 Accused Products that it obtains during discovery. 7 19. A system comprising: -- As described below, in conjunction with the Booking.com 8 mobile application and/or the www.Booking.com website, Booking.com at least makes, 9 uses, sells, and/or offers to sell a system (e.g., a server-based system) configured in 10 accordance with claim 19. 11 one or more processors configured to receive a search query from a communications 12 device, the search query comprising an identifier corresponding to the communications 13 device, an indication of the geographic position of the communications device, a search 14 distance, and at least one search term; and – Booking.com at least makes, uses, sells, 15 and/or offers to sell a system (e.g., a server-based system) comprising one or more 16 processors configured to receive a search query from a communications device, the search 17 query comprising an identifier corresponding to the communications device, an indication 18 of the geographic position of the communications device, a search distance, and at least 19 one search term. 20 For example, one or more Booking.com servers are configured to receive a search

21 query from a user’s communications device (e.g., mobile phone) when the user submits a 22 travel search through the Booking.com mobile application and/or the www. Booking.com 23 website. See, e.g., https://apps.apple.com/us/app/booking-com-travel-deals/id367003839 24 (“Find a stay for your vacation, weekend getaway, or business trip anywhere in the world! 25 Search for Hotels, Motels & Vacation Homes • 27 million hotels, vacation rentals, homes, 26 apartments, and other unique places to stay • Search by city, attraction, landmark, or hotel 27 name with just one tap • Filter by price, review score, WiFi quality, and other things 28 important to you • Find your last-minute stay or book far in advance”). For instance, as

100

Case 5:19-cv-06990-VKD Document 1 Filed 10/25/19 Page 102 of 114

1 illustrated by the annotated example screenshots below, a Booking.com query includes at 2 least an indication of the geographic position of the communications device, a search 3 distance, and at least one search term: 4 5 6 7 8 9 10 11 12 13 14 15

16 See also, e.g., https://www.booking.com/content/privacy.html (“We offer free apps for a 17 variety of mobile devices, as well as versions of our regular website that have been 18 optimized for mobile and tablet browsing. These apps and mobile websites process the 19 personal details you give us in much the same way as our website does, and they also 20 allow you to use location services to find Trip Services nearby, if you want us to. . . .

21 There are also other instances where you’ll provide us with information. For example, if 22 you’re browsing with your mobile device, you can decide to enable Booking.com to see 23 your current location or grant access to your contact details – this helps us provide you 24 with the best possible service and experience (e.g. to see our city guides, the nearest 25 restaurants & attractions to your location, or other recommendations).”). 26 Moreover, a Booking.com query further includes an identifier corresponding to 27 the communications device submitting the query. See, e.g., 28

101

Case 5:19-cv-06990-VKD Document 1 Filed 10/25/19 Page 103 of 114

1 https://www.booking.com/content/privacy.html (“We can’t help you book the perfect 2 accommodations without information, so when you use our services there are certain 3 pieces of information we ask for. This is pretty basic stuff . . . . In addition to this, we also 4 collect information from your computer, phone tablet or other device you’re using to 5 access our services. This can include the IP address, the browser you’re using, and your 6 language settings. . . . Even if you don’t end up making a Trip Reservation (and when you 7 do), when you visit our websites or apps, we automatically collect certain information. 8 This includes your IP address, the date and time you accessed our services, the hardware, 9 software or internet browser you used and information about your computer’s operating 10 system, like application versions and your language settings. . . . If you’re using a mobile 11 device, we might also collect data that identifies your mobile device, device-specific 12 settings and characteristics, location details, app crashes, and other system activity.”). 13 wherein the one or more processors are configured to initiate the transmission of a list 14 of one or more search results to the communications device in response to the search 15 query, --Booking.com at least at least makes, uses, sells, and/or offers to sell a system 16 (e.g., a server-based system) comprising one or more processors configured to initiate the 17 transmission of a list of one or more search results to the communications device in 18 response to the search query. 19 20

21 22 23 24 25 26 27 28

102

Case 5:19-cv-06990-VKD Document 1 Filed 10/25/19 Page 104 of 114

1 For instance, one or more Booking.com servers are configured to transmit, in 2 response to a Booking.com query, a list of one or more search results to a communications 3 device that submitted the query. Examples of this functionality are shown in the below 4 screenshots: 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20

21 22 23 24 25

26 wherein the list of one or more search results comprises at least one search result that 27 is associated with a location code corresponding to a geographic region, wherein the 28

103

Case 5:19-cv-06990-VKD Document 1 Filed 10/25/19 Page 105 of 114

1 geographic region corresponding to the location code associated with the at least one 2 search result is a geographic region that is within the specified search distance from 3 the geographic position of the communications device specified in the received search 4 query. -- The transmitted list of one or more search results from Booking.com includes at 5 least one search result that is associated with a location code corresponding to a 6 geographic region, wherein the geographic region corresponding to the location code 7 associated with the at least one search result is a geographic region that is within the 8 specified search distance from the geographic position of the communications device 9 specified in the received search query. 10 For instance, as shown in the following example screenshots, Booking.com’s 11 search results include at least one search result that is associated with a location code 12 corresponding to a geographic region that is within a specified search distance from the 13 geographic position of a communications device that submitted the Booking.com query 14 (e.g., “West Loop”). 15 16 17 18 19 20

21 22 23 24 25 26 27 28

104

Case 5:19-cv-06990-VKD Document 1 Filed 10/25/19 Page 106 of 114

1 193. Additionally, Booking Holdings has been, and currently is, an active inducer of 2 infringement of the ‘685 Patent under 35 U.S.C. § 271(b) and contributory infringer of the ‘685 3 Patent under 35 U.S.C. § 271(c). 4 194. Booking Holdings knew of the ‘685 Patent or at least should have known of the 5 ‘685 Patent but was willfully blind to its existence. On information and belief, Booking Holdings 6 has had actual knowledge of the ‘685 Patent since at least as early as the filing and/or service of 7 this Complaint. 8 195. Booking Holdings has provided the ‘685 Accused Products to its customers and, 9 on information and belief, instructions to (i) make an infringing device comprising one or more 10 of the Booking.com, Kayak, Priceline, Agoda, or OpenTable mobile applications and/or (ii) use 11 such a device or the ‘685 Accused Products in an infringing manner while being on notice of (or 12 willfully blind to) the ‘685 Patent and Booking Holdings’ infringement. Therefore, on 13 information and belief, Booking Holdings knew, or should have known, of the ‘685 Patent and 14 of its own infringing acts, or Booking Holdings deliberately took steps to avoid learning of those 15 facts. 16 196. Booking Holdings knowingly and intentionally encourages and aids at least its 17 end-user customers to directly infringe the ‘685 Patent. 18 197. On information and belief, Booking Holdings provides the Accused Products to 19 customers through the Booking Holdings brands’ websites and/or various third-party application 20 stores (e.g., the Apple iTunes App Store) and instructions to end-user customers so that such

21 customers will (i) make an infringing device comprising one or more of the Booking.com, Kayak, 22 Priceline, Agoda, or OpenTable mobile applications and/or (ii) use such a device or the ‘685 23 Accused Products in an infringing manner. 24 198. Booking Holdings’ end-user customers directly infringe one or more claims of the 25 ‘685 Patent by (i) making an infringing device via downloading one or more of the Booking.com, 26 Kayak, Priceline, Agoda, or OpenTable mobile applications and/or (ii) using such a device or the 27 ‘685 Accused Products in their intended manner to infringe. Booking Holdings induces such 28 infringement by providing the ‘685 Accused Products and instructions to enable and facilitate

105

Case 5:19-cv-06990-VKD Document 1 Filed 10/25/19 Page 107 of 114

1 infringement, knowing of, or being willfully blind to the existence of, the ‘685 Patent. On 2 information and belief, Booking Holdings specifically intends that its actions will result in 3 infringement of one or more claims of the ‘685 Patent, or Booking Holdings subjectively believes 4 that its actions will result in infringement of the ‘685 Patent but takes deliberate actions to avoid 5 learning of those facts, as set forth above. 6 199. Additionally, Booking Holdings contributorily infringes one or more claims of the 7 ‘685 Patent by providing the ‘685 Accused Products and/or software components thereof that 8 embody a material part of the claimed inventions of the ‘685 Patent that are known by Booking 9 Holdings to be specially made or adapted for use in an infringing manner and are not staple 10 articles with substantial non-infringing uses. The ‘685 Accused Products are specially designed 11 to infringe one or more claims of the ‘685 Patent, and their accused components have no 12 substantial non-infringing uses. In particular, on information and belief, the software modules 13 and code that implement and perform the infringing functionalities identified above are specially 14 made and adapted to carry out said functionality and do not have any substantial non-infringing 15 uses. 16 200. Booking Holdings’ infringement of the ‘685 Patent was and continues to be, 17 willful and deliberate, entitling Corrino to enhanced damages. 18 201. Additional allegations regarding Booking Holdings’ knowledge of the ‘685 Patent 19 and willful infringement will likely have evidentiary support after a reasonable opportunity for 20 discovery.

21 202. Booking Holdings’ infringement of the ‘685 Patent is exceptional and entitles 22 Corrino to attorneys’ fees and costs incurred in prosecuting this action under 35 U.S.C. § 285. 23 203. Corrino is in compliance with any applicable marking and/or notice provisions of 24 35 U.S.C. § 287 with respect to the ‘685 Patent. 25 204. Corrino is entitled to recover from Booking Holdings all damages that Corrino has 26 sustained as a result of Booking Holdings’ infringement of the ‘685 Patent, including, without 27 limitation, a reasonable royalty. 28

106

Case 5:19-cv-06990-VKD Document 1 Filed 10/25/19 Page 108 of 114

1 COUNT VII: INFRINGEMENT OF U.S. PATENT NO. 7,716,149 2 205. Corrino incorporates by reference and re-alleges all the foregoing paragraphs of 3 this Complaint as if fully set forth herein. 4 206. Booking Holdings has infringed and is infringing, either literally or under the 5 doctrine of equivalents, the ‘149 Patent in violation of 35 U.S.C. § 271 et seq., directly and/or 6 indirectly, by making, using, offering for sale, or selling in the United States and/or importing 7 into the United States without authority or license, products and/or services that infringe one or 8 more of the claims of the ‘149 Patent, including at least the www.Booking.com website and the 9 Pulse mobile application (hereinafter “the ‘149 Accused Products”). 10 207. As just one non-limiting example, set forth below is a description of infringement 11 of exemplary claim 1 of the ‘149 Patent in connection with the ‘149 Accused Products. This 12 description is based on publicly available information. Corrino reserves the right to modify this 13 description, including, for example, on the basis of information about the ‘149 Accused Products 14 that it obtains during discovery. 15 1(a): A computer controlled method for monitoring a persistent virtual environment 16 comprising: --Booking.com provides a persistent virtual environment that takes the form 17 of a “virtual representation of a real world attraction.” ‘149 Patent at 3:50-55 For instance, 18 Booking.com provides respective virtual representations of Booking.com’s “partners’” 19 real world attractions (e.g., hotels, resorts, etc.) through which potential guests interact 20 via the Internet and the Booking.com website and mobile application. Booking.com’s

21 “Extranet” is an analytics platform that provides Booking.com “partners” with a 22 respective “Analytics Dashboard” that presents various metrics regarding how potential 23 guests interact with a given Booking.com partner’s virtual representation of the partner’s 24 real-world attraction, including metrics presented via the Extranet’s “Visibility 25 Dashboard.” See, e.g., https://partner.booking.com/en-us/help/growing-your- 26 business/what-bookingcom-analytics; https://partner.booking.com/en-us/help/growing- 27 your-business/what-visibility-dashboard. 28

107

Case 5:19-cv-06990-VKD Document 1 Filed 10/25/19 Page 109 of 114

1 On information and belief, Booking.com, through its employees (e.g., software 2 developers, user support staff, etc.), has utilized and/or continues utilizing a computer 3 system (e.g., desktop or laptop computer, mobile phone, tablet, etc.) to perform the 4 computer-controlled method of claim 1, such as (i) during development of Booking.com’s 5 Extranet Analytics Dashboard, (ii) while developing updates and/or revisions to the 6 Extranet Analytics Dashboard, and/or (iii) while providing customer support related to 7 the Extranet Analytics Dashboard. 8 1(b): displaying, at a computer system, a visualization that represents a social aspect of 9 said persistent virtual environment, said visualization responsive to a metric, wherein 10 said visualization represents an overall interactivity level;--Booking.com causes 11 computer systems to display a visualization that represents a social aspect of a persistent 12 virtual environment, said visualization responsive to a metric, wherein said visualization 13 represents an overall interactivity level. 14 For example, “[f]ound under [Booking.com’s] Extranet’s Analytics tab, the 15 Visibility Dashboard provides you with all the relevant data you need to track and improve 16 your visibility in Booking.com search results.” https://partner.booking.com/en- 17 us/help/growing-your-business/what-visibility-dashboard. “Why is visibility so vital to 18 your property’s performance? Because the more visible you are in our search results, the 19 better your chances of attracting guests to your property page – and getting more 20 bookings.” Id. Indeed, Booking.com explains:

21 22 23 24 25 26 27 28

108

Case 5:19-cv-06990-VKD Document 1 Filed 10/25/19 Page 110 of 114

1 Booking.com provides examples of Visibility Dashboard visualizations that are 2 responsive to metrics and that represent an overall interactivity level: 3 Moreover, Booking.com instructs and encourages its Extranet users to access their 4 Visibility Dashboard via a computer system. See, e.g., https://partner.booking.com/en- 5 us/help/growing-your-business/what-visibility-dashboard (instructing users to access 6 their Visibility Dashboards via the Extranet’s Analytics tab). Upon selection of the 7 “Extranet’s Analytics tab, Facebook’s servers cause the computer system to display a 8 variety of visualizations that are responsive to metrics and that represent an overall 9 interactivity level. 10 11 12 13 14 15

16 On information and belief, Booking.com facilitates and/or has facilitated the 17 performance of this method step, such as in connection with the Extranet Visibility 18 Dashboard, consistent with how Booking.com expects and encourages its users to 19 facilitate the performance of this method step.

20 1(c): receiving a selection command at the computer system; and --Booking.com utilizes 21 computer systems to receive a selection command at the computer systems. 22 For example, Booking.com instructs and encourages its users to interact with their 23 Visibility Dashboards such that the users’ computer systems receive selection commands, 24 which result in the users viewing additional analytics information. For instance, 25 Booking.com explains that “[t]he Visibility Dashboard presents a graph that lets you view 26 your performance for the past 30, 90 or 365 days. You can also compare the past 30 or 90 27 28

109

Case 5:19-cv-06990-VKD Document 1 Filed 10/25/19 Page 111 of 114

1 days’ performance with the same period from last year.” https://partner.booking.com/en- 2 us/help/growing-your-business/what-visibility-dashboard. 3 On information and belief, Booking.com facilitates and/or has facilitated the 4 performance of this method step, such as in connection with the Extranet Visibility 5 Dashboard, consistent with how Booking.com expects and encourages its users to 6 facilitate the performance of this method step. 7 1(d): displaying, at the computer system, responsive to said selection command, a 8 second visualization that represents drill-down information associated with said metric. 9 --Booking.com causes computer systems to display, responsive to said selection 10 command, a second visualization that represents drill-down information associated with 11 said metric. 12 For example, in response to receiving a selection command facilitating a user to 13 view additional analytics information regarding a particular metric, such as “search result 14 views,” “click-through rate,” or “property page views” (discussed above), a computer 15 system functions to display a second visualization that represents drill-down information 16 associated with the particular metric. See, e.g., https://partner.booking.com/en- 17 us/help/growing-your-business/what-visibility-dashboard (“The Visibility Dashboard 18 presents a graph that lets you view your performance for the past 30, 90 or 365 days. You 19 can also compare the past 30 or 90 days’ performance with the same period from last 20 year.”).

21 On information and belief, Booking.com facilitates and/or has facilitated the 22 performance of this method step, such as in connection with the Extranet Visibility 23 Dashboard, consistent with how Booking.com expects and encourages its users to 24 facilitate the performance of this method step. 25 208. Additionally, Booking Holdings has been, and currently is, an active inducer of 26 infringement of the ‘149 Patent under 35 U.S.C. § 271(b) and contributory infringer of the ‘149 27 Patent under 35 U.S.C. § 271(c). 28

110

Case 5:19-cv-06990-VKD Document 1 Filed 10/25/19 Page 112 of 114

1 209. Booking Holdings knew of the ‘149 Patent or at least should have known of the 2 ‘149 Patent but was willfully blind to its existence. On information and belief, Booking Holdings 3 has had actual knowledge of the ‘149 Patent since at least as early as the filing and/or service of 4 this Complaint. 5 210. Booking Holdings has provided the Accused Products to its customers and, on 6 information and belief, instructions to (i) use the ‘149 Accused Products in an infringing manner 7 and/or (ii) make an infringing device while being on notice of (or willfully blind to) the ‘149 8 Patent and Booking Holdings’ infringement. Therefore, on information and belief, Booking 9 Holdings knew, or should have known, of the ‘149 Patent and of its own infringing acts, or 10 Booking Holdings deliberately took steps to avoid learning of those facts. 11 211. Booking Holdings knowingly and intentionally encourages and aids at least its 12 end-user customers to directly infringe the ‘149 Patent. 13 212. On information and belief, Booking Holdings provides the ‘149 Accused Products 14 to customers through at least the Booking.com website and/or various third-party application 15 stores (e.g., the Apple iTunes App Store) and instructions to end-user customers so that such 16 customers will (i) make an infringing device comprising the ‘149 Accused Products and/or (ii) 17 use such a device or the ‘149 Accused Products in an infringing manner. 18 213. Booking Holdings’ end-user customers directly infringe one or more claims of the 19 ‘149 Patent by making an infringing device via downloading one or more of the ‘149 Accused 20 Products and/or (ii) using such a device or the ‘149 Accused Products in their intended manner

21 to infringe. Booking Holdings induces such infringement by providing the ‘501 Accused 22 Products and instructions to enable and facilitate infringement, knowing of, or being willfully 23 blind to the existence of, the ‘149 Patent. On information and belief, Booking Holdings 24 specifically intends that its actions will result in infringement of one or more claims of the ‘149 25 Patent, or Booking Holdings subjectively believes that its actions will result in infringement of 26 the ‘149 Patent but takes deliberate actions to avoid learning of those facts, as set forth above. 27 214. Additionally, Booking Holdings contributorily infringes one or more claims of the 28 ‘149 Patent by providing the ‘501 Accused Products and/or software components thereof that

111

Case 5:19-cv-06990-VKD Document 1 Filed 10/25/19 Page 113 of 114

1 embody a material part of the claimed inventions of the ‘149 Patent that are known by Booking 2 Holdings to be specially made or adapted for use in an infringing manner and are not staple 3 articles with substantial non-infringing uses. The ‘501 Accused Products are specially designed 4 to infringe one or more claims of the ‘149 Patent, and their accused components have no 5 substantial non-infringing uses. In particular, on information and belief, the software modules 6 and code that implement and perform the infringing functionalities identified above are specially 7 made and adapted to carry out said functionality and do not have any substantial non-infringing 8 uses. 9 215. Booking Holdings’ infringement of the ‘149 Patent was and continues to be willful 10 and deliberate, entitling Corrino to enhanced damages. 11 216. Additional allegations regarding Booking Holdings’ knowledge of the ‘149 Patent 12 and willful infringement will likely have evidentiary support after a reasonable opportunity for 13 discovery. 14 217. Booking Holdings’ infringement of the ‘149 Patent is exceptional and entitles 15 Corrino to attorneys’ fees and costs incurred in prosecuting this action under 35 U.S.C. § 285. 16 218. Corrino is in compliance with any applicable marking and/or notice provisions of 17 35 U.S.C. § 287 with respect to the ‘149 Patent. 18 219. Corrino is entitled to recover from Booking Holdings all damages that Corrino has 19 sustained as a result of Booking Holdings’ infringement of the ‘149 Patent, including, without 20 limitation, a reasonable royalty.

21 PRAYER FOR RELIEF 22 WHEREFORE, Corrino respectfully requests: 23 A. That Judgment be entered that Booking Holdings has infringed one or more claims 24 of the Patents-in-Suit, directly and/or indirectly, literally and/or under the doctrine of equivalents; 25 B. An award of damages sufficient to compensate Corrino for Booking’s 26 infringement under 35 U.S.C. § 284, including an enhancement of damages on account of 27 Booking’s willful infringement; 28

112

Case 5:19-cv-06990-VKD Document 1 Filed 10/25/19 Page 114 of 114

1 C. That the case be found exceptional under 35 U.S.C. § 285 and that Corrino be 2 awarded its reasonable attorneys’ fees; 3 D. Costs and expenses in this action; 4 E. An award of prejudgment and post-judgment interest; and 5 F. Such other and further relief as the Court may deem just and proper.

6 Dated: October 25, 2019 FEINBERG DAY KRAMER ALBERTI LIM 7 TONKOVICH & BELLOLI LLP and 8 LEE SULLIVAN SHEA & SMITH LLP 9 By: /s/ Marc Belloli 10 Marc Belloli 11 Attorneys for Plaintiff 12 Corrino Holdings LLC 13 DEMAND FOR JURY TRIAL 14 Pursuant to Rule 38(b) of the Federal Rules of Civil Procedure and Civil L.R. 3-6(a), 15 Corrino respectfully demands a trial by jury on all issues triable by jury. 16

17 Dated: October 25, 2019 FEINBERG DAY KRAMER ALBERTI LIM 18 TONKOVICH & BELLOLI LLP and 19 LEE SULLIVAN SHEA & SMITH LLP 20 By: /s/ Marc Belloli 21 Marc Belloli 22 Attorneys for Plaintiff 23 Corrino Holdings LLC 24 25 26 27 28

113