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. 1 Case 1:11-cv-00829-SLR Document 31 Filed 11/18/11 Page 2 of 23 PageID #: 113 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 2 Case 1:11-cv-00829-SLR Document 31 Filed 11/18/11 Page 3 of 23 PageID #: 114 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, 3 Case 1:11-cv-00829-SLR Document 31 Filed 11/18/11 Page 4 of 23 PageID #: 115 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 4 Case 1:11-cv-00829-SLR Document 31 Filed 11/18/11 Page 5 of 23 PageID #: 116 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