Case 1:11-cv-00790-LPS Document 39 Filed 11/02/11 Page 1 of 10 PageID #: 123

IN THE DISTRICT COURT FOR THE DISTRICT OF DELAWARE

GTZM TECHNOLOGY VENTURES LTD.,

Plaintiff, Civil Action No. 1:11-cv-00790-LPS v.

ATLANTIC BROADBAND FINANCE, DEMAND FOR JURY TRIAL LLC; , LLC; , INC.; CEQUEL COMMUNICATIONS, LLC; HOLDING COMPANY, LLC; CHARTER COMMUNICATIONS, INC.; CORPORATION; COMCAST CABLE COMMUNICATIONS, LLC; , INC.; CSC HOLDINGS LLC; INSIGHT COMMUNICATIONS COMPANY, INC.; KNOLOGY, INC.; BROADBAND LLC; RCN TELECOM SERVICES, LLC; INC.; VONAGE HOLDINGS CORP.; VONAGE AMERICA INC.; and VONAGE MARKETING LLC,

Defendants.

FIRST AMENDED COMPLAINT Plaintiff GTZM Technology Ventures Ltd. (“GTZM”) alleges as follows: PARTIES 1. GTZM is an Israel private limited liability company with a principal place of business at 18 Messada Street, Ramat Gan 52235, Israel. 2. Defendant Finance, LLC (“Atlantic Broadband”) is a Delaware limited liability company with a principal place of business at 1 Batterymarch Park, Suite 405, Quincy, Massachusetts 02169. Atlantic Broadband may be served via its registered agent, the Corporation Service Company, 2711 Centerville Road, Suite 400, Wilmington, Delaware 19808.

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3. Defendant Bright House Networks, LLC (“Bright House”) is a Delaware limited liability company with a principal place of business at 5000 Campuswood Drive, East Syracuse,

New York 13057. Bright House may be served via its registered agent, the Corporation Service Company, 2711 Centerville Road, Suite 400, Wilmington, Delaware 19808.

4. Defendant Cable One, Inc. (“Cable One”) is a Delaware corporation with a principal place of business at 1314 North 3rd Street, 3rd Floor, Phoenix, Arizona 85004. Cable

One may be served via its registered agent, The Corporation Trust Company, 1209 North Orange Street, Wilmington, Delaware 19801. 5. Defendant Cequel Communications, LLC (“Cequel”) is a Delaware limited liability company with a principal place of business at 12444 Powerscourt Drive, Suite 450, St. Louis, Missouri 63131. Cequel may be served via its registered agent, The Corporation Trust Company, 1209 North Orange Street, Wilmington, Delaware 19801. 6. Defendant Charter Communications Holding Company, LLC is a Delaware limited liability company with a principal place of business at 12405 Powerscourt Drive, St. Louis, Missouri 63131. Defendant Charter Communications, Inc. is a Delaware corporation with a principal place of business at the same address. Defendants Charter Communications Holding Company and Charter Communications are hereinafter referred to collectively as “Charter.” Charter may be served via their registered agent, the Corporation Service Company, 2711 Centerville Road, Suite 400, Wilmington, Delaware 19808. 7. Defendant Comcast Corporation (“Comcast Corp.”) is a Pennsylvania corporation with a principal place of business at One Comcast Center, Philadelphia, Pennsylvania 19103. Defendant Comcast Cable Communications, LLC (“Comcast Cable” and collectively with Comcast Corp., “Comcast”) is a Delaware limited liability company with a principal place of business at One Comcast Center, Philadelphia, Pennsylvania 19103. Comcast Corp. may be served pursuant to the Delaware long arm statute, 10 Del. C. § 3104. Comcast Cable may be served via its registered agent, Comcast Capital Corporation, 1201 N. Market Street, Suite 1000, Wilmington, Delaware 19801.

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8. Defendant Cox Communications, Inc. (“Cox”) is a Delaware corporation with a principal place of business at 1400 Lake Hearn Drive, Atlanta, Georgia 30319. Cox may be served via its registered agent, the Corporation Service Company, 2711 Centerville Road, Suite 400, Wilmington, Delaware 19808.

9. Defendant CSC Holdings LLC (“”) is a Delaware limited liability company with a principal place of business at 1111 Stewart Avenue, Bethpage, New York

11714. Cablevision may be served via its registered agent, the Corporation Service Company, 2711 Centerville Road, Suite 400, Wilmington, Delaware 19808. 10. Defendant Insight Communications Company, Inc. (“Insight”) is a Delaware corporation with a principal place of business at 810 7th Avenue, New York, New York 10019. Insight may be served via its registered agent, The Corporation Trust Company, 1209 North Orange Street, Wilmington, Delaware 19801. 11. Defendant Knology, Inc. (“Knology”) is a Delaware corporation with a principal place of business at 1241 O.G. Skinner Drive, West Point, Georgia 31833. Knology may be served via its registered agent, the Corporation Service Company, 2711 Centerville Road, Suite 400, Wilmington, Delaware 19808. 12. Defendant Mediacom Broadband LLC (“Mediacom”) is a Delaware limited liability company with a principal place of business at 100 Crystal Run Road, Middletown, New York 10941. Mediacom may be served via its registered agent, The Corporation Trust Company, 1209 North Orange Street, Wilmington, Delaware 19801. 13. Defendant RCN Telecom Services, LLC (“RCN”) is a Delaware limited liability company with a principal place of business at 196 Van Buren Street, Suite 300, Herndon, Virginia 20170. RCN may be served via its registered agent, The Corporation Trust Company, 1209 North Orange Street, Wilmington, Delaware 19801. 14. Defendant Time Warner Cable Inc. (“Time Warner Cable”) is a Delaware corporation with a principal place of business at 60 Columbus Circle, New York, New York

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10023. Time Warner may be served via its registered agent, The Corporation Trust Company, 1209 North Orange Street, Wilmington, Delaware 19801.

15. Defendants Vonage Holdings Corp. and Vonage America Inc. are each Delaware corporations with a principal place of business at 23 Main Street, Holmdel, New Jersey 07733.

Defendant Vonage Marketing LLC is a Delaware limited liability company with a principal place of business at the same address. Defendants Vonage Holdings, Vonage America, and

Vonage Marketing are hereinafter referred to collectively as “Vonage.” Vonage may be served via their registered agent, The Corporation Trust Company, 1209 North Orange Street, Wilmington, Delaware 19801. JURISDICTION AND VENUE 16. This action arises under the patent laws of the United States, Title 35 of the United States Code. Accordingly, this Court has subject matter jurisdiction under 28 U.S.C. §§ 1331 and 1338(a). 17. 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. 5,455,859) 18. GTZM is the owner by assignment of United States Patent No. 5,455,859 (“the ’859 patent”), entitled “Telephone Handset Interface for Device Having Audio Input.” The ’859 patent issued on October 3, 1995. A true and correct copy of the ’859 patent is attached hereto as Exhibit A. 19. Atlantic Broadband has infringed and still is infringing at least claim 15 of the ’859 patent, literally and under the doctrine of equivalents, by making, using, selling, offering to sell, or importing products that interface modems to telephone instruments and services that

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require such interfaces. Examples of such products include embedded multimedia terminal adapters (eMTAs). 1 Examples of such services include Atlantic Broadband Phone Service. 2

20. Bright House has infringed and still is infringing at least claim 15 of the ’859 patent, literally and under the doctrine of equivalents, by making, using, selling, offering to sell, or importing products that interface modems to telephone instruments and services that require such interfaces. Examples of such products include embedded multimedia terminal adapters

(eMTAs). 3 Examples of such services include Home Phone. 4 21. Cable One has infringed and still is infringing at least claim 15 of the ’859 patent, literally and under the doctrine of equivalents, by making, using, selling, offering to sell, or importing products that interface modems to telephone instruments and services that require such interfaces. Examples of such products include embedded multimedia terminal adapters (eMTAs). 5 Examples of such services include Home Phone Service. 6 22. Cequel has infringed and still is infringing at least claim 15 of the ’859 patent, literally and under the doctrine of equivalents, by making, using, selling, offering to sell, or importing products that interface modems to telephone instruments and services that require such interfaces. Examples of such products include embedded multimedia terminal adapters (eMTAs). 7 Examples of such services include Suddenlink Phone Services. 8

1http://www.atlanticbb.com/wfucfl.asp (“EMTA equipment rental required for Phone service.”). 2 http://www.atlanticbb.com/wfphone.asp?site=digital&page=22 . 3 http://www.brighthouse.com/corporate/policies/residential-agreement at ¶3(c) (“The BHN Equipment is and at all times shall remain the sole and exclusive personal property of BHN …”); ¶15(d) (“‘BHN Equipment’ means any equipment provided by BHN to me including … cable modems, voice-enabled cable modems… and any other equipment or materials provided to me by BHN for use in connection with the receipt of Services.”). 4 http://www.brighthouse.com/corporate/shop/phone . 5 https://www.cableone.net/FYH/phone/Pages/default.aspx (“Cable ONE … eMTA’s provided for rental ($8.00/month)”). 6 https://www.cableone.net/FYH/phone/Pages/default.aspx . 7 http://www.suddenlink.com/terms-policy/residential-services-agreement.php at ¶ 10 (“Any network facilities, Software, cabling or Equipment installed or provided by Suddenlink will remain the property of Suddenlink”); ¶57(2) (“Customer agrees not to move the telephone cable modem (‘EMTA’) from the location it was originally installed.”). 8 http://www.suddenlink.com/telephone/ .

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23. Charter has infringed and still is infringing at least claim 15 of the ’859 patent, literally and under the doctrine of equivalents, by making, using, selling, offering to sell, or importing products that interface modems to telephone instruments and services that require such interfaces. Examples of such products include multimedia terminal adapters (MTAs). 9

Examples of such services include Charter Telephone. 10 24. Comcast has infringed and still is infringing at least claim 15 of the ’859 patent, literally and under the doctrine of equivalents, by making, using, selling, offering to sell, or importing products that interface modems to telephone instruments and services that require such interfaces. Examples of such products include embedded multimedia terminal adapters (eMTAs). 11 Examples of such services include Comcast Digital Voice. 12 25. Cox has infringed and still is infringing at least claim 15 of the ’859 patent, literally and under the doctrine of equivalents, by making, using, selling, offering to sell, or importing products that interface modems to telephone instruments and services that require such interfaces. Examples of such products include embedded multimedia terminal adapters (eMTAs). 13 Examples of such services include Cox Digital Telephone. 14 26. Cablevision has infringed and still is infringing at least claim 15 of the ’859 patent, literally and under the doctrine of equivalents, by making, using, selling, offering to sell, or importing products that interface modems to telephone instruments and services that require

9http://www.myaccount.charter.com/customers/support.aspx?supportarticleid=1351#EquipmentI nformation (“Charter Phone is not an Internet phone service. It is a fixed-wire line service, designed to be used in the home in which service is installed. The telephone modem, or Multimedia Terminal Adaptor (MTA), that we install in your home is the property of Charter Communications.”). 10 http://www.charter.com/phone/features?MenuItem=22 . 11 http://customer.comcast.com/Pages/FAQViewer.aspx?Guid=b474e632-c628-4c90-be38- 219328edd686 (“To use Voice® service, you will need an eMTA that is compatible with XFINITY Voice service. You may lease an eMTA from Comcast, or, in some areas, we may allow you to use XFINITY Voice service with an eMTA that you have purchased.”). 12 http://www.comcast.com/Corporate/Learn/DigitalVoice/digitalvoice.html . 13 http://ww2.cox.com/myconnection/neworleans/learn/cox-services/what-is-digital- telephone.cox (“Cox Digital Telephone uses a special modem, called an eMTA, to process signals from your home or business.”). 14 E.g. , http://ww2.cox.com/residential/neworleans/phone/phone-plans.cox .

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such interfaces. Examples of such products include embedded multimedia terminal adapters (eMTAs). 15 Examples of such services include Voice. 16

27. Insight has infringed and still is infringing at least claim 15 of the ’859 patent, literally and under the doctrine of equivalents, by making, using, selling, offering to sell, or importing products that interface modems to telephone instruments and services that require such interfaces. Examples of such products include embedded multimedia terminal adapters

(eMTAs). 17 Examples of such services include Insight Phone 2.0. 18 28. Knology has infringed and still is infringing at least claim 15 of the ’859 patent, literally and under the doctrine of equivalents, by making, using, selling, offering to sell, or importing products that interface modems to telephone instruments and services that require such interfaces. Examples of such products include embedded multimedia terminal adapters (eMTAs). 19 Examples of such services include Digital Phone. 20 29. Mediacom has infringed and still is infringing at least claim 15 of the ’859 patent, literally and under the doctrine of equivalents, by making, using, selling, offering to sell, or importing products that interface modems to telephone instruments and services that require such interfaces. Examples of such products include embedded multimedia terminal adapters (eMTAs). 21 Examples of such services include Mediacom Phone.22

15 http://optimum.custhelp.com/app/answers/detail/a_id/287/kw/Emta ; http://www.optimum.net/Terms/OV (“Optimum Voice service requires a voice-enabled cable modem. Cablevision will supply a voice-enabled modem without charge for so long as Subscriber remains an Optimum Voice Subscriber or until Cablevision changes this service offering.”). 16 http://west.optimum.com/services/digital_phone/features . 17 Insight Phone 2.0 Residential Service Agreement at ¶3(b) (“To use the Services, you will need an embedded media terminal adapter (‘EMTA’) that you purchase or lease from us.”) 18 http://www.myinsight.com/Product-Phone-Overview.asp. 19 E.g. , Knology Customer Service Agreement at Section III (“Digital Phone Service is phone service that travels on Knology’s private data network, utilizing an EMTA (Embedded Multimedia Telephone Adapter) that activates Your phone or phones and will act as the Cable Modem for Your Internet Access.”) (available at http://www.knology.com/policy/ ). 20 http://www.graceba.com/pages/res_phone_features.html . 21 User Guide Mediacom Phone Service, Service Subscriber Agreement at ¶3.1 (“MCC’s Services are designed to be used with certain types of customer premise equipment (‘CPE’), specifically embedded multimedia terminal adapters (‘eMTAs’), which will be available from MCC under a separate agreement.”) (available at http://www.mediacomcable.com/phone.html ).

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30. RCN has infringed and still is infringing at least claim 15 of the ’859 patent, literally and under the doctrine of equivalents, by making, using, selling, offering to sell, or importing products that interface modems to telephone instruments and services that require such interfaces. Examples of such products include embedded multimedia terminal adapters

(eMTAs). 23 Examples of such services include RCN’s phone service. 24 31. Time Warner Cable has infringed and still is infringing at least claim 15 of the

’859 patent, literally and under the doctrine of equivalents, by making, using, selling, offering to sell, or importing products that interface modems to telephone instruments and services that require such interfaces. Examples of such products include embedded multimedia terminal adapters (eMTAs). 25 Examples of such services include Digital Home Phone. 26 32. Vonage has infringed and still is infringing at least claim 15 of the ’859 patent, literally and under the doctrine of equivalents, by making, using, selling, offering to sell, or importing products that interface modems to telephone instruments and services that require such interfaces. Examples of such products include analog telephone adapters (ATAs). 27 Examples of such services include Vonage VoIP services. 28 33. As a result of each defendant’s infringement of the ’859 patent, GTZM 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.

22 http://www.mediacomcable.com/phone.html . 23 http://www.rcn.com/dc-metro/policies-and-disclaimers/equip-return-policy (“RCN equipment is defined as: …Cable Modems- including 1-Way and 2-Way Modems, VOIP Modems, and Home Networking Modems[.] Promptly return RCN’s equipment on the day of or prior to the scheduled disconnect work order.”). 24 http://www.rcn.com/dc-metro/phone . 25 http://www.timewarnercable.com/texas/site.faqs/HighSpeedO/InternetCa/Do-I-need-a-special- modem-for- (“Question: Do I need a special modem for my Time Warner Cable Digital Home Phone and Road Runner? Answer: . The device is called an eMTA Cable Modem, and will be provided by Time Warner Cable, just like a standard modem.”). 26 E.g. , http://www.timewarnercable.com/texas/learn/phone/services.html . 27 https://support.vonage.com/app/answers/detail/a_id/1054/kw/How%20do%20i%20activate%20 my%20new%20phone%20adapter . 28 http://www.vonage.com/us-canada-calling- plans/?refer_id=WEBHO0706010001W1&lid=sub_nav_domestc

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34. 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 ’859 patent, GTZM will suffer irreparable harm. PRAYER FOR RELIEF

GTZM prays for the following relief: 1. A judgment that each defendant has infringed the ’859 patent;

2. A permanent injunction enjoining each defendant and its officers, directors, agents, servants, affiliates, employees, divisions, branches, subsidiaries, parents, and all others acting in concert or privity with it from infringing the ’859 patent; 3. An accounting for damages arising from the infringement of the ’859 patent by each defendant and all those in privity with it, including loss of market share; 4. An award of damages proximately caused by each defendant’s acts of infringement, at least under 35 U.S.C. § 284; 5. A judgment and order finding that this is an exceptional case within the meaning of 35 U.S.C. § 285 and awarding to GTZM its reasonable attorneys’ fees against each defendant; 6. An award of pre-judgment and post-judgment interest against each defendant; and 7. Any and all other relief to which GTZM may show itself to be entitled.

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

November 2, 2011 BAYARD, P.A.

/s/ Stephen B. Brauerman 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, GTZM Technology Ventures Ltd.

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