Case 1:11-Cv-00829-SLR Document 31 Filed 11/18/11 Page 1 of 23 Pageid #: 112

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Case 1:11-cv-00829-SLR Document 31 Filed 11/18/11 Page 1 of 23 PageID #: 112

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

CYBERFONE SYSTEMS, LLC (formerly known as LVL PATENT GROUP, LLC),

Plaintiff,

v. C.A. No. 11-829-SLR

CNN INTERACTIVE GROUP, INC.; AMERICAN BROADCASTING DEMAND FOR JURY TRIAL COMPANIES, INC.; THE WALT DISNEY COMPANY; ESPN, INC.; CBS INTERACTIVE, INC.; FOX NEWS NETWORK, LLC; FOX SPORTS INTERACTIVE MEDIA, LLC; FOX INTERACTIVE MEDIA, INC.; JESTA DIGITAL ENTERTAINMENT, INC.; FOX SOCCER CHANNEL, LLC; WARNER BROS. ENTERTAINMENT, INC.; UNIVISION INTERACTIVE MEDIA, INC.; IMDB.COM, INC.; PLAYFIELD APPS COMPANY; HOME BOX OFFICE, INC.; NETFLIX, INC.; DOW JONES & COMPANY, INC.; DOW JONES LOCAL MEDIA GROUP, INC.; HULU, LLC; MLB ADVANCED MEDIA, L.P.; NBA MEDIA VENTURES, LLC; NBA PROPERTIES, INC.; NFL ENTERPRISES LLC; FLIXSTER, INC. JUMPTAP, INC.; YAHOO! INC.; SKYPE INC.; GROUPON, INC.; TWITTER, INC.; LINKEDIN CORPORATION; MYSPACE, INC.; MEEBO, INC.; and YELP! INC.,

Defendants.

FIRST AMENDED COMPLAINT

Plaintiff CyberFone Systems, LLC, (“CyberFone”), formerly known as LVL Patent Group, LLC, alleges as follows: PARTIES 1. CyberFone is a Virginia corporation with a principal place of business at 2331 Mill Road, Suite 100, Alexandria, Virginia 22314.

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2. On information and belief, Defendant CNN Interactive Group, Inc. (“CNN”) is a Delaware corporation with its principal place of business at 1 Time Warner Center, New York,

New York 10019. CNN has appointed The Corporation Trust Company, Corporation Trust Center, 1209 Orange Street, Wilmington, Delaware 19801, as its agent for service of process.

3. On information and belief, Defendant American Broadcasting Companies, Inc. (“ABC”) is a Delaware corporation with a principal place of business at 77 West 66th Street,

New York, New York 10023. ABC has appointed Corporation Service Company, 2711 Centerville Road, Suite 400, Wilmington, Delaware 19808, as its agent for service of process. 4. On information and belief, Defendant The Walt Disney Company (“Disney”) is a Delaware corporation with a principal place of business at 500 South Buena Vista Street, Burbank, California 91521. Disney has appointed Corporation Service Company, 2711 Centerville Road, Wilmington, Delaware 19808, as its agent for service of process. 5. On information and belief, Defendant ESPN, Inc., (“ESPN”) is a Delaware Corporation with a principal place of business at ESPN Plaza, Bristol, Connecticut 06010. ESPN has appointed Corporation Service Company, 2711 Centerville Road, Suite 400, Wilmington, Delaware 19808, as its agent for service of process. 6. On information and belief, Defendant CBS Interactive Inc. (“CBS”) is a Delaware corporation with its principal place of business at 51 West 52nd Street, New York, New York. CBS has appointed Corporation Service Company, 2711 Centerville Road, Suite 400, Wilmington, Delaware 19808, as its agent for service of process. 7. On information and belief, Defendant FOX News Network, LLC (“FOX News”) is a Delaware limited liability company with its principal place of business at 1201 West Pico Boulevard, Los Angeles, California 90064. FOX News has appointed The Corporation Trust Company, Corporation Trust Center, 1209 Orange Street, Wilmington, Delaware 19801, as its agent for service of process. 8. On information and belief, Defendant FOX Sports Interactive Media, LLC (“FOX Sports”) is a Delaware limited liability company with its principal place of business at 1201

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West Pico Boulevard, Los Angeles, California 90064. FOX Sports has appointed The Corporation Trust Company, Corporation Trust Center, 1209 Orange Street, Wilmington,

Delaware 19801, as its agent for service of process. 9. On information and belief, Defendant FOX Interactive Media, Inc. (“FOX

Interactive”) is a Delaware corporation with its principal place of business at 407 North Maple Drive, Suite 353, Beverly Hills, California 90210. FOX Interactive has appointed The

Corporation Trust Company, Corporation Trust Center, 1209 Orange Street, Wilmington, Delaware 19801, as its agent for service of process. 10. On information and belief, Defendant Jesta Digital Entertainment, Inc. (“Jesta”) is a Delaware corporation with its principal place of business at 345 North Maple Drive, Suite 353, Beverly Hills, California 90210. Jesta has appointed The Corporation Trust Company, Corporation Trust Center, 1209 Orange Street, Wilmington, Delaware 19801, as its agent for service of process. 11. On information and belief, Defendant FOX Soccer Channel, LLC (“FOX Soccer”) is a Delaware limited liability company with its principal place of business at 1440 South Sepulveda Boulevard, Los Angeles, California 90025. FOX Soccer has appointed The Corporation Trust Company, Corporation Trust Center, 1209 Orange Street, Wilmington, Delaware 19801, as its agent for service of process. 12. On information and belief, Defendant Warner Bros. Entertainment, Inc. (“Warner”) is a Delaware corporation with its principal place of business at 1 Time Warner Center, New York, New York 10019. Warner has appointed The Corporation Trust Company, Corporation Trust Center, 1209 Orange Street, Wilmington, Delaware 19801, as its agent for service of process. 13. On information and belief, Defendant Univision Interactive Media, Inc. (“Univision”) is a Delaware corporation with its principal place of business at 9405 NW 41st Street, Doral, Florida 33178. Univision has appointed The Corporation Trust Company,

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Corporation Trust Center, 1209 Orange Street, Wilmington, Delaware 19801, as its agent for service of process.

14. On information and belief, Defendant IMDb.com, Inc. (“IMDb”) is a Delaware corporation with its principal place of business at 410 Terry Avenue N, Seattle, Washington

98109. IMDb has appointed Corporation Service Company, 2711 Centerville Road, Suite 400, Wilmington, Delaware 19808, as its agent for service of process.

15. On information and belief, Defendant Playfield Apps Company (“Playfield”) is a Washington corporation with its principal place of business at 81 Vine Street, Suite 101, Seattle, Washington 98121. Playfield has appointed Robert Frederick, 81 Vine Street, Suite 101, Seattle, Washington 98121, as its agent for service of process. 16. On information and belief, Defendant Home Box Office, Inc. (“HBO”) is a Delaware corporation with its principal place of business at 1100 Avenue of the Americas, New York, New York 10036. HBO has appointed The Corporation Trust Company, Corporation Trust Center, 1209 Orange Street, Wilmington, Delaware 19801, as its agent for service of process. 17. On information and belief, Defendant Netflix, Inc. (“Netflix”) is a Delaware corporation with its principal place of business at 100 Winchester Circle, Los Gatos, California 95032. Netflix has appointed The Corporation Trust Company, Corporation Trust Center, 1209 Orange Street, Wilmington, Delaware 19801, as its agent for service of process. 18. On information and belief, Defendant Dow Jones & Company, Inc. (“Dow Jones & Co.”) is a Delaware corporation with its principal place of business at P.O. Box 300, Princeton, New Jersey 08543. Dow has appointed The Corporation Trust Company, Corporation Trust Center, 1209 Orange Street, Wilmington, Delaware 19801, as its agent for service of process. 19. On information and belief, Defendant Dow Jones Local Media Group, Inc. (“Dow Jones Local Media”) is a Delaware corporation with its principal place of business at 1211 Avenue of the Americas, New York, New York 10036. Dow Jones has appointed The

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Corporation Trust Company, Corporation Trust Center, 1209 Orange Street, Wilmington, Delaware 19801, as its agent for service of process.

20. On information and belief, Defendant Hulu, LLC (“Hulu”) is a Delaware limited liability company with its principal place of business at 1 Tower Lane, Suite 1200, Oakbrook,

Terrace, Illinois 60181. Hulu has appointed Corporation Service Company, 2711 Centerville Road, Suite 400, Wilmington, Delaware 19808, as its agent for service of process.

21. On information and belief, Defendant MLB Advanced Media, L.P. (“MLB”) is a Delaware limited partnership with its principal place of business at 80 State Street, Albany, New York 12207. MLB has appointed Corporation Service Company, 2711 Centerville Road, Suite 400, Wilmington, Delaware 19808, as its agent for service of process. 22. On information and belief, Defendant NBA Media Ventures, LLC (“NBA Media”) is a Delaware limited liability company with its principal place of business at 333 East Trade Street, Charlotte, North Carolina 28202. NBA has appointed United Corporate Services, Inc., 874 Walker Road, Suite C, Dover, Delaware 19904, as its agent for service of process. 23. On information and belief, Defendant NBA Properties, Inc. (“NBA Properties”) is a New York corporation with its principal place of business at 645 Fifth Avenue, New York, New York 10022. NBA Properties has not appointed an agent for service of process. 24. On information and belief, Defendant NFL Enterprises LLC (“NFL”) is a Delaware limited liability company with its principal place of business at 280 Park Avenue, New York, New York 10017. NFL has appointed The Corporation Trust Company, Corporation Trust Center, 1209 Orange Street, Wilmington, Delaware 19801, as its agent for service of process. 25. On information and belief, Defendant Flixster, Inc. (“Flixster”) is a Delaware corporation with its principal place of business at 208 Utah Street, 4th Floor, San Francisco, California 94103. Flixster has appointed The Corporation Trust Company, Corporation Trust Center, 1209 Orange Street, Wilmington, Delaware 19801, as its agent for service of process. 26. On information and belief, Defendant Jumptap, Inc. (“Jumptap”) is a Delaware corporation with its principal place of business at 10 Canal Park, Cambridge, Massachusetts

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02141. Jumptap has appointed The Corporation Trust Company, Corporation Trust Center, 1209 Orange Street, Wilmington, Delaware 19801, as its agent for service of process.

27. On information and belief, Defendant Yahoo! Inc. (“Yahoo!”) is a Delaware corporation with its corporate headquarters and principal place of business at 701 First Avenue,

Sunnyvale, California 94089. Yahoo! has appointed The Corporation Trust Company, Corporation Trust Center, 1209 Orange Street, Wilmington, Delaware 19801, as its agent for service of process. 28. On information and belief, Defendant Skype Inc. (“Skype”) is a Delaware corporation with a principal place of business at 160 Greentree Drive, Suite 101, Dover, Delaware 19904. Skype has appointed Corporation Service Company, 2711 Centerville Road, Suite 400, Wilmington, Delaware 19808, as its agent for service of process. 29. On information and belief, Defendant Groupon, Inc. (“Groupon”) is a Delaware corporation with its principal place of business at 1600 West Chicago Avenue, Suite 620, Chicago, Illinois 60654. Groupon has appointed The Corporation Trust Company, Corporation Trust Center, 1209 Orange Street, Wilmington, Delaware 19801, as its agent for service of process. 30. On information and belief, Defendant Twitter, Inc. (“Twitter”) is a Delaware corporation with its principal place of business at 795 Folsom Street, Suite 600, San Francisco, California 94107. Twitter has appointed The Corporation Trust Company, Corporation Trust Center, 1209 Orange Street, Wilmington, Delaware 19801, as its agent for service of process. 31. On information and belief, Defendant LinkedIn Corporation (“LinkedIn”) is a Delaware corporation with its principal place of business at 2029 Stierlin Court, Mountain View, California 94043. LinkedIn has appointed Corporation Service Company, 2711 Centerville Road, Suite 400, Wilmington, Delaware 19808, as its agent for service of process. 32. On information and belief, Defendant Myspace, Inc. (“Myspace”) is a Delaware corporation with its principal place of business located 407 N. Maple Drive, Beverly Hills,

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California 90210. Myspace has appointed The Corporation Trust Company, Corporation Trust Center, 1209 Orange Street, Wilmington, Delaware, 19801, as its agent for service of process.

33. On information and belief, Defendant Meebo, Inc. (“Meebo”) is a Delaware corporation with its principal place of business located at 215 Castro Street, Mountain View,

California 94041. Meebo has appointed Corporation Service Company, 2711 Centerville Road Suite, 400, Wilmington, Delaware 19808, as its agent for service of process.

34. On information and belief, Defendant Yelp! Inc. (“Yelp!”) is a Delaware corporation with its principal place of business located at 706 Mission Street, 7th Floor, San Francisco, California 94103. Yelp! has appointed National Registered Agents, Inc., 160 Greentree Drive, Suite 101, Dover, Delaware 19904, as its agent for service of process. JURISDICTION AND VENUE 35. This is an action for patent infringement arising under the patent laws of the United States of America, 35 U.S.C. § 1, et seq. , including § 271. This Court has subject matter jurisdiction under 28 U.S.C. §§ 1331 and 1338(a). 36. Venue is proper in this district under 28 U.S.C. §§ 1391 (b)-(d) and 1400(b) because each defendant is subject to personal jurisdiction in this district, has committed or induced acts of patent infringement in this district, or has a regular and established place of business in this district. COUNT I (Infringement of U.S. Patent No. 8,019,060) 37. CyberFone is the owner by assignment of United States Patent No. 8,019,060 (“the ‘060 patent”), entitled “Telephone/Transaction Entry Device and System for Entering Transaction Data into Databases.” The ‘060 patent issued on September 13, 2011. A true and correct copy of the ‘060 patent is attached hereto as Exhibit A. 38. CNN has infringed and still is infringing at least claim 1 of the ‘060 patent, literally and under the doctrine of equivalents, by making, using, selling, offering to sell, or importing a method of obtaining data transaction information entered on a telephone from a

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39. ABC has infringed and still is infringing at least claim 1 of the ‘060 patent, literally and under the doctrine of equivalents, by making, using, selling, offering to sell, or importing a method of obtaining data transaction information entered on a telephone from a single transmission, forming a plurality of exploded data transactions for the single transmission, and sending different exploded data transactions to different destinations based on information entered in the single transmission, using its mobile services network platform, including, but not limited to, its ABC News application for Android, Good Morning America application for Android, ABC News application for iOS, and Good Morning America application for iOS. 40. Disney has infringed and still is infringing at least claim 1 of the ‘060 patent, literally and under the doctrine of equivalents, by making, using, selling, offering to sell, or importing a method of obtaining data transaction information entered on a telephone from a single transmission, forming a plurality of exploded data transactions for the single transmission, and sending different exploded data transactions to different destinations based on information entered in the single transmission, using its mobile services network platform, including, but not limited to, its ABC News application for iOS. 41. ESPN has infringed and still is infringing at least claim 1 of the ‘060 patent, literally and under the doctrine of equivalents, by making, using, selling, offering to sell, or importing a method of obtaining data transaction information entered on a telephone, telephone from a single transmission, forming a plurality of exploded data transactions for the single transmission, and sending different exploded data transactions to different destinations based on information entered in the single transmission, using its mobile services network platform,

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including, but not limited to, its ESPN ScoreCenter application for Android, WatchESPN application for Android, ESPN Fantasy Football 2011 application for Android, ESPN Radio application for Android, ESPN Bowl Bound 2011 application for Android, ESPN Bracket Bound 2011 application for Android, ESPN FLB 2011 application for Android, ESPN Streak for the

Cash application for Android, ESPN Chicago application for Android, ESPN Boston application for Android, ESPN Dallas application for Android, ESPN FLB 2011 Premium application for

Android, ESPN New York application for Android, ESPN Los Angeles application for Android, ESPN X Games 17 application for Android, ESPN Deportes Radio application for Android, ESPN Goals application for Blackberry, ESPN ScoreCenter application for iOS, ESPN Radio application for iOS, ESPN 2010 FIFA World Cup application for iOS, ESPN Fantasy Football 2011 application for iOS, ESPN Streak for the Cash application for iOS, ESPN Fantasy Baseball 2011 application for iOS, ESPN Fantasy Basketball 2011 application for iOS, ESPN Passport application for iOS, MediaZone by ESPN application for iOS, ESPN Deportes Radio application for iOS, ESPNDallas.com application for iOS, ESPNChicago.com application for iOS, ESPNNewYork.com application for iOS, ESPNLosAngeles.com application for iOS, ESPNcricinfo application for iOS, ESPNF1 application for iOS, WatchESPN application for iOS, ESPN Bracket Bound 2011 application for iOS, ESPN Bowl Bound 2011 application for iOS, ESPN X Games 17 application for iOS, and m.espn.go.com. 42. CBS has infringed and still is infringing at least claim 1 of the ‘060 patent, literally and under the doctrine of equivalents, by making, using, selling, offering to sell, or importing a method of obtaining data transaction information entered on a telephone from a single transmission, forming a plurality of exploded data transactions for the single transmission, and sending different exploded data transactions to different destinations based on information entered in the single transmission, using its mobile services network platform, including, but not limited to, its CBS News application for Android, tv.com application for Android, TechRepublic application for Android, CNET News application for Android, SmartPlanet application for Android, ZDNet application for Android, CNET Scan & Shop application for Android, Survivor:

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South Pacific application for Android, BNET application for Android, Big Brother application for Android, CBS MoneyWatch application for Android, CBS Sports Mobile application for

Android, CBS Sports Pro Football application for Android, CNET TV application for Android, ZDNet Mobile application for Android, CW Watch & Tweet application for Android, Florida

State Seminole Sports application for Android, South Carolina Gamecocks Sports application for Android, University of Michigan Athletics application for Android, Sooners application for

Android, Official North Carolina Athletics application for Android, Ohio State Buckeyes Sports application for Android, University of Alabama Sports application for Android, K-State Wildcat Sports application for Android, Georgia Sports application for Android, USC Trojans Sports application for Android, Missouri Tigers Sports application for Android, Michigan State Spartans application for Android, Iowa Hawkeyes Sports application for Android, Kansas Jayhawks Sports application for Android, Illinois Illini Sports application for Android, Penn State Sports application for Android, Texas Tech Red Raiders Sports application for Android, ECU Pirates Sports application for Android, Ole Miss Sports application for Android, GT Athletics application for Android, NC State Sports application for Android, Purdue Sports application for Android, Sun Devils application for Android, Baylor Bears Sports application for Android, Louisville CardsMobile application for Android, Arizona Wildcats application for Android, Bearcats Sports application for Android, Navy Sports application for Android, Northwestern Athletics application for Android, Nevada Wolf Pack Sports application for

Android, Georgetown Hoyas All-Access application for Android, Army Black Knights application for Android, Washington State Cougars application for Android, University of Ohio Sports application for Android, Illinois State Redbirds Sports application for Android, UAB Athletics application for Android, St. John's All-Access application for Android, Boston University Sports application for Android, Air Force Falcons Sports application for Android, SMU Mustangs application for Android, Southern Miss Sports application for Android, CBS Sports application for Blackberry, CBS News application for Blackberry, CBS Sports Pro Football application for Blackberry, ZDNET Tech News for IT Professionals application for

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Blackberry, Bnet The Go To Place for Management application for Blackberry, CNET News application for Blackberry, TV.com application for iOS, CBS Sports Mobile application for iOS,

CBS Sports Pro Football application for iOS, CBS News application for iOS, CBS EyeMobile application for iOS, CBS Sunday Morning application for iOS, CNET News application for iOS,

CNET Reviews application for iOS, University of Michigan Athletics application for iOS, Movie Finder by Metacritic application for iOS, Arizona State Sports application for iOS, Sooner application for iOS, Bama Sport application for iOS, South Carolina Gamecocks Sports application for iOS, Florida State Seminole Sports application for iOS, CW Watch & Tweet application for iOS, CheckMyTubes - Speed Test application for iOS, K-State Wildcat Sports application for iOS, Official North Carolina Athletics application for iOS, Texas Tech Red Raiders Sports application for iOS, Missouri Tigers Sports application for iOS, Penn State Sports application for iOS, Iowa Hawkeyes Sports application for iOS, Ghost Whisperer: What's Different? application for iOS, Michigan State Spartans application for iOS, KU Athletics application for iOS, Illinois Fighting Illini Sports application for iOS, Ole Miss Sports application for iOS, TechRepublic application for iOS, ECU Pirates Sports application for iOS, Louisville CardsMobile application for iOS, NC State Sports application for iOS, Washington State Cougars application for iOS, Bearcats Sports application for iOS, Purdue Boilermakers Sports application for iOS, Arizona Wildcats Sports application for iOS, SMU Mustangs application for iOS, SmartPlanet application for iOS, St.John’s All-Access application for iOS,

GameSpot application for iOS, ET application for iOS, CNET TV application for iOS, BNET application for iOS, Ohio State Buckeyes Sports application for iOS, MoneyWatch application for iOS, Georgia Sports application for iOS, ZDNet Mobile application for iOS, Baylor Bears Sports application for iOS, USC Trojans Sports application for iOS, Northwestern Athletics application for iOS, Air Force Falcons Sports application for iOS, Navy Sports application for iOS, Goosto Recettes et Restaurants application for iOS, TechLibrary application for iOS, Illinois State Redbirds Sports application for iOS, Crave from CNET UK application for iOS, ZDNet France application for iOS, silicon.com Reader App application for iOS, Gamekult Jeux

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Video application for iOS, ZDNet.de application for iOS, CNET Australia application for iOS, CNET France application for iOS, Silicon.de application for iOS, m.cbs.com, m.zdnet.com, m.cnet.com, m.smartplanet.com, m.bnet.com and iphone.cbssport.com. 43. FOX News has infringed and still is infringing at least claim 1 of the ‘060 patent,

literally and under the doctrine of equivalents, by making, using, selling, offering to sell, or importing a method of obtaining data transaction information entered on a telephone from a

single transmission, forming a plurality of exploded data transactions for the single transmission, and sending different exploded data transactions to different destinations based on information entered in the single transmission, using its mobile services network platform, including, but not limited to, its FOX News application for Android, FOX Business application for Android, FOX News for Google TV application for Android, FOX News application for iOS, Fox News Radio Mobile application for iOS, Fox News UReport application for iOS, Fox Business application for iOS, FOX News application for Windows Phone 7, www.foxnews.mobi , and m.foxbusiness.com. 44. FOX Sports has infringed and still is infringing at least claim 1 of the ‘060 patent, literally and under the doctrine of equivalents, by making, using, selling, offering to sell, or importing a method of obtaining data transaction information entered on a telephone from a single transmission, forming a plurality of exploded data transactions for the single transmission, and sending different exploded data transactions to different destinations based on information entered in the single transmission, using its mobile services network platform, including, but not limited to, its FOX Sports Mobile application for Android, The Official SPEED Channel application for Android, The Daily Habit application for Android, Fuel TV application for Android, and FOX Sports Mobile application for iOS. 45. FOX Interactive has infringed and still is infringing at least claim 1 of the ‘060 patent, literally and under the doctrine of equivalents, by making, using, selling, offering to sell, or importing a method of obtaining data transaction information entered on a telephone from a single transmission, forming a plurality of exploded data transactions for the single transmission,

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and sending different exploded data transactions to different destinations based on information entered in the single transmission, using its mobile services network platform, including, but not limited to, its IGN: Video Game News, Reviews, Guides (FREE) application for iOS. 46. Jesta has infringed and still is infringing at least claim 1 of the ‘060 patent, literally and under the doctrine of equivalents, by making, using, selling, offering to sell, or importing a method of obtaining data transaction information entered on a telephone from a single transmission, forming a plurality of exploded data transactions for the single transmission, and sending different exploded data transactions to different destinations based on information entered in the single transmission, using its mobile services network platform, including, but not limited to, its Fox Searchlight Pictures application for iOS, Family Guy application for iOS, Family Guy Free application for iOS, Fuel TV application for iOS, and Apes Will Rise application for iOS. 47. FOX Soccer has infringed and still is infringing at least claim 1 of the ‘060 patent, literally and under the doctrine of equivalents, by making, using, selling, offering to sell, or importing a method of obtaining data transaction information entered on a telephone from a single transmission, forming a plurality of exploded data transactions for the single transmission, and sending different exploded data transactions to different destinations based on information entered in the single transmission, using its mobile services network platform, including, but not limited to, its FOX Soccer 2Go application for iOS. 48. Warner has infringed and still is infringing at least claim 1 of the ‘060 patent, literally and under the doctrine of equivalents, by making, using, selling, offering to sell, or importing a method of obtaining data transaction information entered on a telephone from a single transmission, forming a plurality of exploded data transactions for the single transmission, and sending different exploded data transactions to different destinations based on information entered in the single transmission, using its mobile services network platform, including, but not limited to, its TMZ application for Android, WB Digital Copy Management Manager application for Android, The Vampire Diaries application for Android, Harry Potter: Spells application for

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iOS, Harry Potter: Spells - Free application for iOS, Harry Potter and the Half-Blood Prince application for iOS, Ellen application for iOS, Ellen's Know or Go application for iOS, Harry

Potter and the Deathly Hallows: App Edition application for iOS, Watchmen application for iOS, The Hangover Part II Photobooth application for iOS, Terminate Me application for iOS, The

Vampire Diaries application for iOS, Ellen's Know or Go Free application for iOS, Extratv application for iOS, The Dark Knight: App Edition application for iOS, Warner Bros. Digital

Copy Manager Mobile application for iOS, Hangover: App Edition application for iOS, m.warnerbros.com, m.tmz.com, and m.ellentv.com. 49. Univision has infringed and still is infringing at least claim 1 of the ‘060 patent, literally and under the doctrine of equivalents, by making, using, selling, offering to sell, or importing a method of obtaining data transaction information entered on a telephone from a single transmission, forming a plurality of exploded data transactions for the single transmission, and sending different exploded data transactions to different destinations based on information entered in the single transmission, using its mobile services network platform, including, but not limited to, its Univision Deportes Futbol application for Android, Univision Scoreboard application for Android, Univision Video application for Android, Univision application for iOS, Univision Futbol application for iOS, Univision Radio application for iOS, Univision Marcador application for iOS, Univision Scoreboard application for iOS, Univision Cocina application for iOS, Univision Deportes Futbol application for Blackberry, and www.univision.mobi. 50. IMDb has infringed and still is infringing at least claim 1 of the ‘060 patent, literally and under the doctrine of equivalents, by making, using, selling, offering to sell, or importing a method of obtaining data transaction information entered on a telephone from a single transmission, forming a plurality of exploded data transactions for the single transmission, and sending different exploded data transactions to different destinations based on information entered in the single transmission, using its mobile services network platform, including, but not limited to, its IMDb Trivia application for iOS, IMDB Movies & TV application for iOS, IMDb

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Movies & TV application for Android, IMDb Movies, TV & Celebrities for Windows Phone 7, and m.imdb.com.

51. Playfield has infringed and still is infringing at least claim 1 of the ‘060 patent, literally and under the doctrine of equivalents, by making, using, selling, offering to sell, or

importing a method of obtaining data transaction information entered on a telephone from a single transmission, forming a plurality of exploded data transactions for the single transmission,

and sending different exploded data transactions to different destinations based on information entered in the single transmission, using its mobile services network platform, including, but not limited to, its IMDb Trivia application for iOS. 52. HBO has infringed and still is infringing at least claim 1 of the ‘060 patent, literally and under the doctrine of equivalents, by making, using, selling, offering to sell, or importing a method of obtaining data transaction information entered on a telephone from a single transmission, forming a plurality of exploded data transactions for the single transmission, and sending different exploded data transactions to different destinations based on information entered in the single transmission, using its mobile services network platform, including, but not limited to, its HBO application for Android, HBO GO application for Android, MAX GO application for Android, HBO application for iOS, HBO GO application for iOS, MAX GO application for iOS, Game of Thrones: Ice and Fire application for iOS, and m.hbo.com. 53. Netflix has infringed and still is infringing at least claim 1 of the ‘060 patent, literally and under the doctrine of equivalents, by making, using, selling, offering to sell, or importing a method of obtaining data transaction information entered on a telephone from a single transmission, forming a plurality of exploded data transactions for the single transmission, and sending different exploded data transactions to different destinations based on information entered in the single transmission, using its mobile services network platform, including, but not limited to, its Netflix application for Android, Netflix application for iOS, and Netflix application for Windows Phone 7.

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54. Dow Jones & Co. has infringed and still is infringing at least claim 1 of the ‘060 patent, literally and under the doctrine of equivalents, by making, using, selling, offering to sell, or importing a method of obtaining data transaction information entered on a telephone from a single transmission, forming a plurality of exploded data transactions for the single transmission, and sending different exploded data transactions to different destinations based on information entered in the single transmission, using its mobile services network platform, including, but not limited to, its The Wall Street Journal Mobile application for Android, “The Wall Street Journal, Japan” application for Android, SmartMoney Retirement Planner application for Android, The Wall Street Journal application for Android, The Wall Street Journal - Mobile application for iOS, MarketWatch application for iOS, The Wall Street Journal - Japanese application for iOS, DJ FX Trader application for iOS, WSJ Scene Asia for iPhone application for iOS, WSJ Scene Asia for iPhone (Chinese) application for iOS, and SeacoastOnline LimeLight Deals application for iOS, . 55. Dow Jones Local Media has infringed and still is infringing at least claim 1 of the ‘060 patent, literally and under the doctrine of equivalents, by making, using, selling, offering to sell, or importing a method of obtaining data transaction information entered on a telephone from a single transmission, forming a plurality of exploded data transactions for the single transmission, and sending different exploded data transactions to different destinations based on information entered in the single transmission, using its mobile services network platform, including, but not limited to, its SeacoastOnline LimeLight Deals application for iOS. 56. Hulu has infringed and still is infringing at least claim 1 of the ‘060 patent, literally and under the doctrine of equivalents, by making, using, selling, offering to sell, or importing a method of obtaining data transaction information entered on a telephone from a single transmission, forming a plurality of exploded data transactions for the single transmission, and sending different exploded data transactions to different destinations based on information entered in the single transmission, using its mobile services network platform, including, but not limited to, its Hulu Plus application for iOS.

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57. MLB has infringed and still is infringing at least claim 1 of the ‘060 patent, literally and under the doctrine of equivalents, by making, using, selling, offering to sell, or importing a method of obtaining data transaction information entered on a telephone from a single transmission, forming a plurality of exploded data transactions for the single transmission, and sending different exploded data transactions to different destinations based on information entered in the single transmission, using its mobile services network platform, including, but not limited to, its MLB.com At Bat 11 application for Android, MLB.com at Bat Lite application for Android, MLB.com at Bat Beta application for Android, MLB.com at Bat 11 application for Blackberry, MLB.com At Bat 11 application for iOS, MLB.com at Bat Lite application for iOS, MiLB.com Triple-A application for iOS, MLB.com Beat the Streak application for iOS, At Bat 11 application for Windows Phone 7, and m.mlb.com. 58. NBA Media has infringed and still is infringing at least claim 1 of the ‘060 patent, literally and under the doctrine of equivalents, by making, using, selling, offering to sell, or importing a method of obtaining data transaction information entered on a telephone from a single transmission, forming a plurality of exploded data transactions for the single transmission, and sending different exploded data transactions to different destinations based on information entered in the single transmission, using its mobile services network platform, including, but not limited to, its WNBA Center Court application for Android, NBA D-League Center Court application for Android, WNBA Center Court application for Blackberry, NBA D-League Center Court application for Blackberry, WNBA Center Court for iPhone application for iOS, NBA D-League Center Court application for iOS, NBA Game Time 2011 application for Windows Phone 7, and m.nba.com. 59. NBA Properties has infringed and still is infringing at least claim 1 of the ‘060 patent, literally and under the doctrine of equivalents, by making, using, selling, offering to sell, or importing a method of obtaining data transaction information entered on a telephone from a single transmission, forming a plurality of exploded data transactions for the single transmission, and sending different exploded data transactions to different destinations based on information

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entered in the single transmission, using its mobile services network platform, including, but not limited to, its WNBA Center Court for iPhone application for iOS.

60. NFL has infringed and still is infringing at least claim 1 of the ‘060 patent, literally and under the doctrine of equivalents, by making, using, selling, offering to sell, or importing a method of obtaining data transaction information entered on a telephone from a single transmission, forming a plurality of exploded data transactions for the single transmission, and sending different exploded data transactions to different destinations based on information entered in the single transmission, using its mobile services network platform, including, but not limited to, its NFL ’11 application for Android, NFL.com Fantasy Football 2011 application for Android, NFL Game Pass Mobile application for Android, NFLRush Pick Em application for Android, NFL ’11 International application for Android, NFL ’11 application for Blackberry, NFL.com Game Center International Lite application for Blackberry, NFL ’11 application for iOS, NFL.com Fantasy Football 2011 application for iOS, NFL Rush Pick Em application for iOS, and m.nfl.com. 61. Flixster has infringed and still is infringing at least claim 1 of the ‘060 patent, literally and under the doctrine of equivalents, by making, using, selling, offering to sell, or importing a method of obtaining data transaction information entered on a telephone from a single transmission, forming a plurality of exploded data transactions for the single transmission, and sending different exploded data transactions to different destinations based on information entered in the single transmission, using its mobile services network platform, including, but not limited to, its Movies application for Android, Movies by Flixster, with Rotten Tomatoes application for iOS, Flixster application for Blackberry, and Flixster application for Windows Phone 7. 62. Jumptap has infringed and still is infringing at least claim 1 of the ‘060 patent, literally and under the doctrine of equivalents, by making, using, selling, offering to sell, or importing a method of obtaining data transaction information entered on a telephone from a single transmission, forming a plurality of exploded data transactions for the single transmission,

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and sending different exploded data transactions to different destinations based on information entered in the single transmission, using its mobile services network platform, including, but not limited to, its Jumptap Premium Mobile Ad Network. 63. Yahoo! has infringed and still is infringing at least claim 1 of the ‘060 patent, literally and under the doctrine of equivalents, by making, using, selling, offering to sell, or importing a method of obtaining data transaction information entered on a telephone from a single transmission, forming a plurality of exploded data transactions for the single transmission, and sending different exploded data transactions to different destinations based on information entered in the single transmission, using its mobile services network platform, including, but not limited to, its Yahoo! application for Android, Yahoo! Mail application for Android, Yahoo! Fantasy Football ’11 application for Android, Flickr application for Android, Yahoo! Finance application for Android, Yahoo! Fantasy Baseball application for Android, Yahoo! News application for Android, Yahoo! Answers application for Android, Yahoo! Fantasy Hockey application for Android, Yahoo! Fantasy Basketball ’11 application for Android, Yahoo! Search for Android application for Android, Yahoo! Weather application for Android, Yahoo! Omg! application for Android, Yahoo!7 Food application for Android, Play by Yahoo! Music application for Android, Yahoo! Movies application for Android, IntoNow application for Android, Yahoo!AppSpot application for Android, Yahoo! Sportacular application for Android, Y! Finance application for Blackberry, Yahoo Messenger application for Blackberry, Yahoo!

Messenger - free application for iOS, Yahoo! Fantasy Football '11 application for iOS, Yahoo! Fantasy Baseball '11 application for iOS, Yahoo! application for iOS, Yahoo! Sportacular application for iOS, Yahoo! Sportacular Pro application for iOS, Yahoo! Finance application for iOS, Yahoo! Sketch-a-Search application for iOS, Yahoo! Search application for iOS, Flickr application for iOS, Yahoo! Tourney '11 application for iOS, Yahoo! AppSpot application for iOS, Yahoo! Shopping application for iOS, Premiere League Yahoo! Sport application for iOS, Yahoo! Deals application for iOS, Yahoo! Cricket application for iOS, Citizen Sports Fantasy Football application for iOS, Flickr application for Windows Phone 7, and m.yahoo.com.

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64. Skype has infringed and still is infringing at least claim 1 of the ‘060 patent, literally and under the doctrine of equivalents, by making, using, selling, offering to sell, or importing a method of obtaining data transaction information entered on a telephone from a single transmission, forming a plurality of exploded data transactions for the single transmission, and sending different exploded data transactions to different destinations based on information entered in the single transmission, using its mobile services network platform, including, but not limited to, its Skype application for Android, Skype mobile on Verizon application for Android, Skype application for iOS, Qik Video application for iOS, and m.skype.com. 65. Groupon has infringed and still is infringing at least claim 1 of the ‘060 patent, literally and under the doctrine of equivalents, by making, using, selling, offering to sell, or importing a method of obtaining data transaction information entered on a telephone from a single transmission, forming a plurality of exploded data transactions for the single transmission, and sending different exploded data transactions to different destinations based on information entered in the single transmission, using its mobile services network platform, including, but not limited to, its Groupon application for Android, Groupon Merchants application for Android, Groupon application for Blackberry, Groupon application for iOS, Groupon Merchants application for iOS, Groupon application for Windows Phone 7, and touch.groupon.com. 66. Twitter has infringed and still is infringing at least claim 1 of the ‘060 patent, literally and under the doctrine of equivalents, by making, using, selling, offering to sell, or importing a method of obtaining data transaction information entered on a telephone from a single transmission, forming a plurality of exploded data transactions for the single transmission, and sending different exploded data transactions to different destinations based on information entered in the single transmission, using its mobile services network platform, including, but not limited to, its Twitter application for Android, Twitter application for Blackberry, Twitter application for Windows Phone 7, Twitter application for iOS, and mobile.twitter.com. 67. LinkedIn has infringed and still is infringing at least claim 1 of the ‘060 patent, literally and under the doctrine of equivalents, by making, using, selling, offering to sell, or

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importing a method of obtaining data transaction information entered on a telephone from a single transmission, forming a plurality of exploded data transactions for the single transmission, and sending different exploded data transactions to different destinations based on information entered in the single transmission, using its mobile services network platform, including, but not limited to, its LinkedIn application for Android . 68. Myspace has infringed and still is infringing at least claim 1 of the ‘060 patent, literally and under the doctrine of equivalents, by making, using, selling, offering to sell, or importing a method of obtaining data transaction information entered on a telephone from a single transmission, forming a plurality of exploded data transactions for the single transmission, and sending different exploded data transactions to different destinations based on information entered in the single transmission, using its mobile services network platform, including, but not limited to, its Myspace application for Android, LA VIDA LOGO application for Android, Myspace SuperPost application for Android, Myspace Local Concerts application for Android, Myspace application for Blackberry, Myspace application for iOS, Drawler application for iOS, SuperPost application for iOS, LA VIDA LOGO application for iOS, and m.myspace.com. 69. Meebo has infringed and still is infringing at least claim 1 of the ‘060 patent, literally and under the doctrine of equivalents, by making, using, selling, offering to sell, or importing a method of obtaining data transaction information entered on a telephone from a single transmission, forming a plurality of exploded data transactions for the single transmission, and sending different exploded data transactions to different destinations based on information entered in the single transmission, using its mobile services network platform, including, but not limited to, its Meebo IM application for Android and Meebo application for iOS. 70. Yelp! has infringed and still is infringing at least claim 1 of the ‘060 patent, literally and under the doctrine of equivalents, by making, using, selling, offering to sell, or importing a method of obtaining data transaction information entered on a telephone from a single transmission, forming a plurality of exploded data transactions for the single transmission, and sending different exploded data transactions to different destinations based on information

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entered in the single transmission, using its mobile services network platform, including, but not limited to, its Yelp application for Android, Yelp application for Windows Phone 7, Yelp application for Blackberry, Yelp application for iOS, and m.yelp.com. 71. As a result of each defendant’s infringement of the ‘060 patent, CyberFone has suffered monetary damages in an amount not yet determined, and will continue to suffer damages in the future unless each defendant’s infringing activities are enjoined by this Court.

72. Unless a permanent injunction is issued enjoining each defendant and its agents, servants, employees, attorneys, representatives, affiliates, and all others acting on its behalf from infringing the ‘060 patent, CyberFone will suffer irreparable harm. PRAYER FOR RELIEF CyberFone prays for the following relief: 1. A judgment that each defendant has infringed (either literally or under the doctrine of equivalents) one or more claims of the ‘060 patent; 2. A permanent injunction enjoining defendants and their officers, directors, agents, servants, affiliates, employees, divisions, branches, subsidiaries, parents, and all others acting in active concert or participation with them, from infringing each of the ‘060 patent; 3. An award of damages resulting from each defendant’s acts of infringement in accordance with 35 U.S.C. § 284; 4. A judgment and order finding that this is an exceptional case within the meaning of 35 U.S.C. § 285 and awarding to CyberFone its reasonable attorneys’ fees against each defendant; 5. A judgment and order requiring defendants to provide an accounting and to pay supplemental damages to CyberFone, including without limitation, pre-judgment and post- judgment interest; and 6. Any and all other relief to which CyberFone may show itself to be entitled.

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DEMAND FOR JURY TRIAL CyberFone demands a trial by jury on all issues so triable.

November 18, 2011 BAYARD, P.A.

/s/ Richard D. Kirk OF COUNSEL: Richard D. Kirk (rk0922) Stephen B. Brauerman (sb4952) Marc A. Fenster 222 Delaware Avenue, Suite 900 Russ, August & Kabat Wilmington, DE 19801 12424 Wilshire Boulevard, 12th Floor (302) 655-5000 Los Angeles, CA 90025-1031 [email protected] (310) 826-7474 [email protected] [email protected] Attorneys for Plaintiff, CyberFone Systems, LLC