IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TYLER DIVISION

CENTRE ONE,

Plaintiff,

v.

VONAGE HOLDINGS CORP., VONAGE AMERICA INC., LONG DISTANCE LLC, VERIZON SERVICES CORP., VERIZON CORPORATE RESOURCES GROUP LLC, GTE SOUTHWEST INCORPORATED (D/B/A VERIZON SOUTHWEST), Case No.: 6:08-cv-467 VERIZON CALIFORNIA INC., LLC, VERIZON FLORIDA LLC, JURY TRIAL DEMANDED INC., INC., INC., INC., INC., VERIZON NORTHWEST INC., VERIZON INC., INC., VERIZON VIRGINIA INC., and DELTATHREE, INC.,

Defendants.

SECOND AMENDED COMPLAINT FOR PATENT INFRINGEMENT

Plaintiff Centre One, by and through the undersigned attorneys, hereby files this amended complaint against Defendants requesting damages and other relief based upon its personal knowledge as to its own facts and circumstances, and based upon information and belief as to the acts and circumstances of others. SECOND AMENDED COMPLAINT FOR PATENT INFRINGEMENT Page 1

PARTIES

1. Plaintiff Centre One is a corporation organized and existing under the laws of the state of , having its principal place of business at 10 Via Tunas, San Clemente, California

92673.

2. Upon information and belief, Defendant Vonage Holdings Corp. (“Vonage”) is a corporation organized and existing under the laws of the state of Delaware, with its principal place of business at 2147 Route 27, Edison, New Jersey 08817.

3. Upon information and belief, Defendant Vonage America Inc. (“Vonage America”) is a corporation organized and existing under the laws of the state of Delaware, with its principal place of business at 2147 Route 27, Edison, New Jersey 08817. Upon further information and belief, Vonage America is a wholly-owned subsidiary of Vonage. Vonage and Vonage America are collectively referred to herein as the “Vonage Defendants.”

4. Upon information and belief, Defendant Verizon Services Corp. is a corporation organized and existing under the laws of the state of Delaware, with its principal place of business at 1310 North Courthouse Road, Arlington, VA 22203.

5. Upon information and belief, Defendant Verizon Corporate Resources Group LLC is a limited liability company organized and existing under the laws of the state of Delaware, with its principal place of business at 140 West Street, Manhattan, NY 10007.

6. Upon information and belief, Defendant Verizon Long Distance LLC is a limited liability company organized and existing under the laws of the state of Delaware, with its principal place of business at 1320 North Court House Road, Arlington, VA 22201.

SECOND AMENDED COMPLAINT FOR PATENT INFRINGEMENT Page 2

7. Upon information and belief, Defendant GTE Southwest Incorporated (d/b/a

Verizon Southwest) is a corporation organized and existing under the laws of the state of

Delaware, with its principal place of business at 700 Hidden Ridge, Irving, TX 75038-3811.

8. Upon information and belief, Defendant Verizon California Inc. is a corporation organized and existing under the laws of the state of California, with its principal place of business at 112 Lakeview Canyon Rd, Thousand Oaks, CA 91362.

9. Upon information and belief, Defendant Verizon Delaware LLC is a limited liability company organized and existing under the laws of the state of Delaware, with its principal place of business at 901 North Tatnall Street, Floor 2, Wilmington, DE 19801-1605.

10. Upon information and belief, Defendant Verizon Florida LLC is a limited liability company organized and existing under the laws of the state of Florida, with its principal place of business at One Tampa City Center, 201 North Franklin Street, Tampa, FL 33602.

11. Upon information and belief, Defendant Verizon Maryland Inc. is a corporation organized and existing under the laws of the state of Maryland, with its principal place of business at 1 East Pratt Street, Baltimore, MD 21202.

12. Upon information and belief, Defendant Verizon New England Inc. is a corporation organized and existing under the laws of the state of New York, with its principal place of business at 185 Franklin Street, Boston, MA 02110.

13. Upon information and belief, Defendant Verizon New Jersey Inc. is a corporation organized and existing under the laws of the state of New Jersey, with its principal place of business at 243 East State Street, Trenton, NJ 08608-1813.

SECOND AMENDED COMPLAINT FOR PATENT INFRINGEMENT Page 3

14. Upon information and belief, Defendant Verizon New York Inc. is a corporation organized and existing under the laws of the state of New York, with its principal place of business at 140 West Street, 29th Floor, New York, NY 10007.

15. Upon information and belief, Defendant Verizon North Inc. is a corporation organized and existing under the laws of the state of , with its principal place of business at 8001 West Jefferson Blvd., Fort Wayne, IN 46804.

16. Upon information and belief, Defendant Verizon Northwest Inc. is a corporation organized and existing under the laws of the state of , with its principal place of business at 1800 41st Street, Everett, WA 98201.

17. Upon information and belief, Defendant Inc. is a corporation organized and existing under the laws of the state of Pennsylvania, with its principal place of business at 1717 Arch Street, 32 Floor, Philadelphia, PA 19103.

18. Upon information and belief, Defendant Verizon South Inc. is a corporation organized and existing under the laws of the state of Virginia, with its principal place of business at 700 Hidden Ridge, Irving, TX 75038-3811.

19. Upon information and belief, Defendant Verizon Virginia Inc. is a corporation organized and existing under the laws of the state of Virginia, with its principal place of business at 703 East Grace Street, Richmond, VA 23219. Verizon Long Distance LLC, Verizon Services

Corp., Verizon Corporate Resources Group LLC, GTE Southwest Incorporated, Verizon

California Inc., Verizon Delaware LLC, Verizon Florida LLC, Verizon Maryland Inc., Verizon

New England Inc., Verizon New Jersey Inc., Verizon New York Inc., Verizon North Inc.,

Verizon Northwest Inc., Verizon Pennsylvania Inc., Verizon South Inc., and Verizon Virginia

Inc. are collectively referred to as the “ Verizon Operating Entities.”

SECOND AMENDED COMPLAINT FOR PATENT INFRINGEMENT Page 4

20. Upon information and belief, Defendant deltathree, Inc. (“ deltathree” ) is a corporation organized and existing under the laws of the state of Delaware, with its principal place of business at 75 Broad Street, 31st Floor, New York, New York 10004.

JURISDICTION AND VENUE

21. This is an action for patent infringement arising under the patent laws of the

United States, 35 U.S.C. §§ 100 et seq. This Court has subject matter jurisdiction over this action under 28 U. S. C. §§ 1331 and 1338(a).

22. Upon information and belief, this Court has personal jurisdiction over each of the

Defendants because each Defendant regularly conducts business in the state of Texas and therefore has substantial and continuous contacts within this judicial district; because each

Defendant has purposefully availed itself of the privileges of conducting business in this judicial district; and/or because each of the Defendants have directly infringed, contributed to the infringement of, and actively induced infringement of Centre One’s patent within this judicial district.

23. Venue is proper in this Court under 28 U.S.C. §§ 1391 and 1400(b) because the

Defendants have committed acts of infringement in and are subject to personal jurisdiction in this judicial district.

FACTUAL BACKGROUND

24. Mr. Donald S. Feuer was an early pioneer in the development of Voice Over

Internet Protocol (VoIP) telephony while at CentreCom, a company he founded to provide telecom services. On January 7, 2000, Mr. Feuer filed an application for patent on one of his inventions. On June 26, 2006, United States Patent No. 7,068,668 (“ the ’668 patent” ) entitled

“ Method and Apparatus for Interfacing a Public Switched Network and an Internet

SECOND AMENDED COMPLAINT FOR PATENT INFRINGEMENT Page 5

Protocol Network For Multi-Media Communication,” was duly and legally issued by the United

States Patent and Trademark Office to Mr. Feuer. Mr. Feuer is now a shareholder in Centre One which owns the ’ 668 patent by assignment. A true and correct copy of the ’ 668 patent is attached as Exhibit A.

25. The inventions disclosed and claimed in the ’ 668 patent received several accolades. For example, in September 1999, Microsoft praised the ’ 668 invention and described

CentreCom as a groundbreaking telecom company achieving outstanding advances in the industry because of its creation of the world’ s first phone-to-PC, PC-to-phone, and phone-to- phone telecommunications services through the Internet.

26. Later in 1999, Microsoft showcased CentreCom at its booth at Comdex, a major industry gathering. This led to an article in Business Wire titled Microsoft Showcases Innovative

Telecommunications Solutions From CentreCom in Comdex Booth. The article called

CentreCom “ one of the most innovative voice-over-Internet Protocol (VoIP) and switched global telecommunications service providers.”

COUNT I: INFRINGEMENT OF UNITED STATES PATENT NO. 7,068,668

27. Centre One restates and realleges the preceding paragraphs of this Complaint.

28. The Vonage Defendants have made, used, sold, and offered for sale and are currently making, using, selling, and offering for sale a VoIP service. Through these activities, the Vonage Defendants have been infringing, actively inducing others to infringe, and/or contributing to the infringement of the ’ 668 patent.

29. The Verizon Operating Entities and deltathree have made, used, sold, and offered for sale and/or are currently making, using, selling, and offering for sale a VoIP service, including, but not limited to, a service under the name Verizon VoiceWing. Through these

SECOND AMENDED COMPLAINT FOR PATENT INFRINGEMENT Page 6

activities, the Verizon Operating Entities and deltathree have been infringing, actively inducing others to infringe, and/or contributing to the infringement of the ’ 668 patent.

30. The Verizon Operating Entities have made, used, sold, and offered for sale and are currently making, using, selling, and offering for sale a VoIP service, including, but not limited to, a service under the name Verizon FiOS Digital Voice. Through these activities, the

Verizon Operating Entities have been infringing, actively inducing others to infringe, and/or contributing to the infringement of the ’ 668 patent.

31. Upon information and belief, Defendants will continue to infringe the ’ 668 patent unless and until they are enjoined by this Court.

32. Defendants have caused and will continue to cause Centre One irreparable injury and damage by infringing the ’ 668 patent. Centre One will suffer further irreparable injury, for which it has no adequate remedy at law, unless and until Defendants are enjoined from infringing the ’ 668 patent.

PRAYER FOR RELIEF

WHEREFORE, Centre One respectfully request that this Court:

(1) Enter judgment that Defendants have infringed the ’ 668 patent;

(2) Enter an order permanently enjoining Defendants and their officers, agents, employees, attorneys, and all persons in active concert or participation with any of them, from infringing the ’ 668 patent;

(3) Award Centre One damages in an amount sufficient to compensate it for

Defendants’ infringement of the ’ 668 patent, together with pre-judgment and post-judgment interest and costs under 35 U.S.C. § 284;

SECOND AMENDED COMPLAINT FOR PATENT INFRINGEMENT Page 7

(4) Award Centre One an accounting for acts of infringement not presented at trial and an award by the Court of additional damage for any such acts of infringement;

(5) Declare this case to be “ exceptional” under 35 U.S.C. § 285 and award Centre

One its attorney fees, expenses, and costs incurred in this action; and

(6) Award Centre One such other and further relief as this Court deems just and proper.

JURY TRIAL DEMAND

Centre One demands a jury trial on all issues so triable.

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Dated: November 2, 2009 FISH & RICHARDSON P.C.

By: /s/Thomas M. Melsheimer Thomas M. Melsheimer Texas Bar No. 13922550 R. Ritch Roberts III Texas Bar No. 24041794 FISH & RICHARDSON P.C. 1717 Main Street Suite 5000 Dallas, TX 75201 Tel: (214) 747-5070 Fax: (214) 747-2091

Michael J. Kane FISH & RICHARDSON P.C. 3300 Dain Rauscher Plaza 60 South Sixth Street Minneapolis, MN 55402 Tel: (612) 335-5070 Fax: (612) 288-9696

Juanita R. Brooks Jennifer K. Bush FISH & RICHARDSON P.C. 12390 El Camino Real San Diego, CA 92130 Tel: (858) 678-5070 Fax: (858) 678-5099

Robert M. Parker Robert Christopher Bunt PARKER, BUNT & AINSWORTH, P.C. 100 E. Ferguson Suite 1114 Tyler, TX 75702 Tel: (903) 531-3535 Fax: (903) 533-9687

Attorneys for Plaintiff Centre One

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CERTIFICATE OF SERVICE

The undersigned hereby certifies that a true and correct copy of the above and foregoing document has been served on all counsel of record who are deemed to have consented to electronic service via the Court’ s CM/ECF system per Local Rule CV-5(a)(3).

/s/Thomas M. Melsheimer Thomas M. Melsheimer

SECOND AMENDED COMPLAINT FOR PATENT INFRINGEMENT Page 10