IN THE UNITED STATES DISTRICT COURT 

FOR THE WESTERN DISTRICT OF TEXAS 

WACO DIVISION 

SITO MOBILE R&D IP, LLC and 

SITO MOBILE, LTD., 

 

 Plaintiffs, 

 v. 

HULU, LLC, 

 Defendant. 

 Case No. 6:20-cv-00472 

 Jury Trial Demanded 

 

COMPLAINT FOR PATENT INFRINGEMENT 

Plaintiffs SITO Mobile R&D IP, LLC and SITO Mobile, Ltd. (collectively “SITO”), 

by and through its undersigned counsel, files this Complaint against Hulu, LLC 

(“Hulu”) for patent infringement of United States Patent Nos. 8,825,887; 9,026,673; 

9,135,635; 9,135,636; 9,591,360; 10,009,637 and 10,171,846 (collectively, the “patents-insuit”) and alleges as follows: 

NATURE OF THE ACTION 

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

the United States, 35 U.S.C. §§ 1 et seq.

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THE PARTIES 

2. Plaintiff SITO Mobile R&D IP, LLC is a limited liability company 

organized and existing under the laws of the State of Delaware with its principal place 

of business located at 100 Town Square Place, Suite 204, Jersey City, New Jersey 07310. 

3. Plaintiff SITO Mobile, Ltd. is a company organized and existing under the 

laws of the State of Delaware with its principal place of business located at 100 Town 

Square Place, Suite 204, Jersey City, New Jersey 07310. 

4. On information and belief, Defendant Hulu, LLC is a limited liability 

company organized and existing under the laws of the State of Delaware with a place of 

business located at 2500 Broadway, 2nd Floor, Santa Monica, California 90404. Hulu 

may be served with process through its registered agent for service in Texas: 

Corporation Service Company d/b/a CSC-Lawyers Incorporating Service Company, 

211 E. 7th Street, Suite 620, Austin, TX 78701. 

5. On information and belief, since at least March 2010, Hulu has been 

registered to do business in the State of Texas under Texas SOS File Number 

0801245286. 

JURISDICTION AND VENUE 

6. This Court has subject matter jurisdiction over this action pursuant to 28 

U.S.C. §§ 1331 and 1338(a) because this action arises under the patent laws of the United 

States, 35 U.S.C. §§ 1 et seq. 

7. Hulu is subject to this Court’s personal jurisdiction in accordance with 

due process and/or the Texas Long Arm Statute because, in part, Hulu “[r]ecruits Texas 

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residents, directly or through an intermediary located in this state, for employment 

inside or outside this state.” See Tex. Civ. Prac. & Rem. Code § 17.042. 

8. This Court has personal jurisdiction over Hulu because Hulu (directly 

and/or through its subsidiaries, affiliates, or intermediaries) has committed and 

continues to commit acts of infringement in this judicial district in violation of at least 

35 U.S.C. § 271(a). 

9. This Court also has personal jurisdiction over Hulu because Hulu has 

sufficient minimum contacts with this forum as a result of business conducted within 

the State of Texas and this judicial district. In particular, this Court has personal 

jurisdiction over Hulu because, inter alia, Hulu, on information and belief: (1) has 

substantial, continuous, and systematic contacts with this State and this judicial district; 

(2) owns, manages, and/or operates facilities in this State and this judicial district; (3) 

enjoys substantial income from its operations and sales in this State and this judicial 

district; (4) employs Texas residents in this State and this judicial district; and (5) solicits 

business and markets products, systems and/or services in this State and this judicial 

district including, without limitation, related to the accused instrumentalities. 

10. Hulu has purposefully availed itself of the privileges of conducting 

business within this judicial district, has established sufficient minimum contacts with 

this judicial district such that it should reasonably and fairly anticipate being hauled 

into court in this judicial district, has purposefully directed activities at residents of this 

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judicial district, and at least a portion of the patent infringement claims alleged in this 

Complaint arise out of or are related to one or more of the foregoing activities. 

11. Venue is proper in this judicial district pursuant to 28 U.S.C. § § 1391(b)-

(d) and/or 1400(b). Hulu is registered to do business in the State of Texas, maintains a 

regular and established place of business within this judicial district, and has committed 

acts of infringement in this judicial district. 

12. On information and belief, Hulu maintains a significant physical presence 

in this judicial district. 

13. On information and belief, Hulu operates its Viewer Experience 

Operations headquarters at 4511 Horizon Hill Blvd #300, San Antonio, Texas 78229. 

14. Hulu describes its operations in San Antonio in a press release dated April 

13, 2017: “The Viewer Experience team at Hulu ensures that each customer gets the 

most out of their Hulu experience. All customer-focused functions will live in this new 

Viewer Experience Operations headquarters in San Antonio, including customer 

support operations and service & network operations in support of Hulu’s technology 

platform. The new operations headquarters will allow Hulu viewers and potential 

subscribers to interact with friendly service representatives through phone, email, 

virtual chat and social platforms at all times, resulting in an overall superior customer 

service experience and faster responses. Customers will be able to receive more than 

just support for their issue, the new operations headquarters will allow viewer 

experience representatives to conduct outbound customer communication and account 

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analysis.”1 On information and belief, Hulu employs hundreds of people in its San 

Antonio office.2

15. Hulu lists job openings on its website for positions in this judicial district. 

1 Hulu to Open New Viewer Experience Headquarters in San Antonio, Texas, HULU PRESS 

RELEASE, https://press.hulu.com/news/2017/04/13/hulu-to-open-new-viewerexperience-headquarters-in-san-antonio-texas/. 

2 Todd Spangler, Hulu to Open 500-Employee San Antonio Customer Service Center, 

VARIETY (Apr. 13, 2017), https://variety.com/2017/digital/news/hulu-san-antoniocustomer-service-500-employees-1202029869/.

https://careers.hulu.com/location/texas-jobs/27593/6252001-4736286/3 

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HULU’S VIDEO STREAMING SERVICE 

16. Hulu offers a subscription-based streaming service that provides ondemand and live video programming over the Internet.3 On information and belief, 

Hulu currently has over 30 million subscribers.4 

17. Hulu “aggregates acquired television and film entertainment content and 

original content produced by Hulu and distributes it digitally to internet-connected 

devices.”5 In 2017, Hulu launched a live streaming service, which “streams live news, 

entertainment and sports from 21st Century Fox, The Walt Disney Company, 

NBCUniversal, CBS Corporation, The CW, Turner Networks, A+E Networks and 

Discovery Networks.”6

18. Hulu subscribers can access Hulu’s services through, for example, a 

computer, smart phone, tablet, smart TV, DVD player, game console, and/or streaming 

player (e.g., Roku Express, Roku Premium, Roku Streaming Stick, Amazon Fire TV 

3 About Hulu, HULU PRESS, https://press.hulu.com/corporate/. 

4 Cynthia Littleton, Disney Plus Reaches 28.6 Million Subscribers, Hulu Hits 30.4 Million, 

VARIETY (Feb. 4, 2020), https://variety.com/2020/tv/news/disney-plus-reaches-26-5-

million-subscribers-1203492187/. 

5 The Walt Disney Company, Inc. 2017 10-K, available at 

https://www.sec.gov/Archives/edgar/data/1001039/000100103919000070/fy2018_q4

x10ka.htm. 

6 About Hulu, HULU PRESS, https://press.hulu.com/corporate/. 

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Stick). Hulu subscribers can download Hulu apps to their mobile devices from Google 

Play and Apple’s App Store.7 

19. Hulu offers a variety of subscription plans, including: (1) $5.99/month 

with limited advertisements, (2) $11.99/month with no advertisements, (3) 

$12.99/month for Hulu, Disney+, and ESPN+ with limited advertisements, and (4) 

$54.99/month for Hulu + Live TV. For an additional fee, subscribers can also add HBO, 

Showtime, Cinemax and/or Starz to their plans.8 

20. Hulu streams videos using a network(s) of servers (“Hulu Streaming 

Platform”). On information and belief, the Hulu Streaming Platform uses Dynamic 

Adaptive Streaming over HTTP (MPEG-DASH) and/or HTTP Live Streaming (HLS) 

protocols to stream video content.9 MPEG-DASH and HLS are HTTP-based adaptive 

bitrate streaming techniques that enable high quality streaming of media content over 

the Internet from web servers. The operation of MPEG-DASH and HLS are described in 

standards documents.10

7 https://play.google.com/store/apps/details?id=com.hulu.plus&hl=en_US; 

https://apps.apple.com/us/app/hulu-stream-tv-shows-movies/id376510438. 

8https://www.hulu.com/welcome?orig_referrer=https%3A%2F%2Fwww.google.%20c

om%2F. 

9 See, e.g., Allison Deal, The Challenges of Live Linear Video Ingest – Part One: Live Versus 

On-Demand System Requirements, MEDIUM (Sept. 24, 2018), https://medium.com/hulutech-blog/the-challenges-of-live-linear-video-ingest-part-one-live-versus-on-demandsystem-requirements-89238f3af4f6. 

10 The MPEG-DASH standard is available at https://www.iso.org/ics/35.040.40/x/. A 

copy of the HLS standard is attached hereto as Exhibit 1. 

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21. With MPEG-DASH and HLS, a video may be broken up into thousands of 

small HTTP-based file segments. Each segment contains a short interval of playback 

time of the video. The segments are encoded at a variety of different bit rates (speeds). 

After a subscriber selects a video to stream, the media player on the subscriber device is 

provided with a file that informs the player, amongst other things, how to obtain the 

segments sequentially and how to handle ad breaks (if any). As the video is playing, the 

subscriber device determines the bit rate that it can handle and requests a segment(s) 

encoded at that bit rate. The player plays the segments in sequential order and 

continuously requests segments until the player has received all of the segments that 

make up the video. 

THE PATENTS-IN-SUIT 

United States Patent No. 8,825,887 

22. On September 2, 2014, the United States Patent and Trademark Office 

(“USPTO”) duly and legally issued United States Patent No. 8,825,887 (“the ’887 

patent”) entitled “System and Method for Routing Media” to inventor Charles A. 

Jennings et al. 

23. The ’887 patent is presumed valid under 35 U.S.C. § 282. 

24. SITO owns all rights, title, and interest in the ‘887 patent. 

United States Patent No. 9,026,673 

25. On May 5, 2015, the USPTO duly and legally issued United States Patent 

No. 9,026,673 (“the ’673 patent”) entitled “System and Method for Routing Media” to 

inventor Charles A. Jennings et al. 

Case 6:20-cv-00472-ADA Document 1 Filed 06/02/20 Page 8 of 28
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26. The ’673 patent is presumed valid under 35 U.S.C. § 282. 

27. SITO owns all rights, title and interest in the ’673 patent. 

United States Patent No. 9,135,635 

28. On September 15, 2015, the USPTO duly and legally issued United States 

Patent No. 9,135,635 (“the ’635 patent”) entitled “System and Method for Routing 

Media” to inventor Charles A. Jennings et al. 

29. The ’635 patent is presumed valid under 35 U.S.C. § 282. 

30. SITO owns all rights, title and interest in the ’635 patent. 

United States Patent No. 9,135,636 

31. On September 15, 2015, the USPTO duly and legally issued United States 

Patent No. 9,135,636 (“the ’636 patent”) entitled “System and Method for Routing 

Media” to inventor Charles A. Jennings et al. 

32. The ’636 patent is presumed valid under 35 U.S.C. § 282. 

33. SITO owns all rights, title and interest in the ’636 patent. 

United States Patent No. 9,591,360 

34. On March 7, 2017, the USPTO duly and legally issued United States Patent 

No. 9,591,360 (“the ’360 patent”) entitled “System and Method for Routing Media” to 

inventor Charles A. Jennings et al. 

35. The ’360 patent is presumed valid under 35 U.S.C. § 282. 

36. SITO owns all rights, title and interest in the ’360 patent. 

Case 6:20-cv-00472-ADA Document 1 Filed 06/02/20 Page 9 of 28
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United States Patent No. 10,009,637 

37. On June 26, 2018, the USPTO duly and legally issued United States Patent 

No. 10,009,637 (“the ’637 patent”) entitled “System and Method for Routing Media” to 

inventor Charles A. Jennings et al. 

38. The ’637 patent is presumed valid under 35 U.S.C. § 282. 

39. SITO owns all rights, title and interest in the ’637 patent. 

United States Patent No. 10,171,846 

40. On January 1, 2019, the USPTO duly and legally issued United States 

Patent No. 10,171,846 (“the ’846 patent”) entitled “System and Method for Routing 

Media” to inventor Charles A. Jennings et al. 

41. The ’846 patent is presumed valid under 35 U.S.C. § 282. 

42. SITO owns all rights, title and interest in the ‘846 patent. 

CLAIMS FOR RELIEF 

Count I – Infringement of United States Patent No. 8,825,887 

43. SITO repeats, re-alleges, and incorporates by reference, as if fully set forth 

herein, the preceding paragraphs of this Complaint. 

44. Hulu directly infringes (literally and/or under the doctrine of equivalents) 

the ‘887 patent by using the method covered by at least claim 98 of the ’887 patent. 

45. The Hulu system that infringes one or more claims of the ’887 patent 

includes, but is not limited to, the Hulu Streaming Platform, and any other Hulu 

network, system, device, and/or service that practices a media streaming management 

method as claimed in the ’887 patent. 

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46. The Hulu Streaming Platform performs a media streaming management 

method. The Hulu Streaming Platform receives, via a communication network (e.g., the 

Internet) by at least one computing device (e.g., server(s)), a request (e.g., GET request) 

from a communication device (e.g., client device such as a personal computer, mobile 

device, and/or television) to receive streamed media (e.g., television program or 

movie). The communication device is capable of executing instructions (e.g., contained 

within a Media Presentation Description (MPD)) received from the at least one 

computing device to obtain at least one portion of the requested media (e.g., video 

segment(s)) using at least one resource (e.g., streaming server(s)) other than the at least 

one computing device. 

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47. On information and belief, the requested media is associated with at least 

one revenue sharing rule requiring sharing of at least a percentage of revenue generated 

by streaming the at least one portion of the requested media. 

https://research-doc.credit-suisse.com/docView?language=ENG&format=PDF 

&source_id= csplusresearchcp&document_id=1056379541&serialid=Xk%2B8tZAs 

GS01Punjbs0MtPdgg%2Bumc9rCDz4XSp2nSaI%3 

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48. In response to receiving the request for media to be streamed to the 

communication device, and based on one or more capabilities (e.g., type of client device 

(e.g., PC), operating system, browser and/or media player) of the communication 

device and at least one characteristic (e.g., user ID) associated with a user of the 

communication, the at least one computing device generates and transmits to the 

communication device, over the communication network, a communication (e.g., MPD). 

49. The communication (e.g., MPD) includes: (i) at least one identification (e.g., 

segment information/segment file name) of the at least one portion of the requested 

media, (ii) at least one identification (e.g., host name) of the at least one resource (e.g., 

streaming server(s)) other than the at least one computing device available to facilitate 

streaming of the at least one portion of the requested media, and (iii) one or more 

https://www.cleverism.com/company/hulu/; see also https://global-internettv.com/united-states-hulu/ 

Case 6:20-cv-00472-ADA Document 1 Filed 06/02/20 Page 13 of 28
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instructions as to how the at least one portion of the requested media is to be streamed to 

the communication device. 

50. On information and belief, the Hulu Streaming Platform produces at least 

one settlement record reflecting a sharing of the percentage of revenue generated by 

streaming the at least the portion of the requested media. 

51. SITO has been damaged by the direct infringement of Hulu, and is suffering 

and will continue to suffer irreparable harm and damages as a result of this infringement. 

Count II – Infringement of United States Patent No. 9,026,673 

52. SITO repeats, re-alleges, and incorporates by reference, as if fully set forth 

herein, the preceding paragraphs of this Complaint. 

53. Hulu directly infringes (literally and/or under the doctrine of equivalents) 

the ‘673 patent by using the method covered by at least claim 1 of the ’673 patent. 

54. The Hulu system that infringes one or more claims of the ’673 patent 

includes, but is not limited to, the Hulu Streaming Platform, and any other Hulu 

network, system, device, and/or service that practices a media streaming method as 

claimed in the ’673 patent. 

55. The Hulu Streaming Platform performs a method of streaming video. The 

Hulu Streaming Platform receives, by at least one computing device (e.g., server(s)) via 

a communication network (e.g., the Internet), a request (e.g., GET request) for media 

(e.g., television program or movie) from at least one communication device (e.g., client 

device such as a personal computer, mobile device, and/or television) capable of using 

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instructions (e.g., contained within an MPD) received from the at least one computing 

device to obtain at least one portion of the requested media using at least one resource 

(e.g., streaming server(s)) other than the at least one computing device. 

56. The Hulu Streaming Platform determines, by the at least one computing 

device (e.g., server(s)), whether the at least one portion of the requested media (e.g., 

video segment(s)) is available for streaming in accordance with at least one program 

comprising at least one media selector (e.g., rules/instructions) defining how to select at 

least one other media (e.g., advertisement). 

57. On information and belief, the Hulu Streaming Platform includes a media 

selector for an advertisement in an MPD. A server in the Hulu Streaming Platform 

determines the at least one other media based on the at least one media selector. 

58. The Hulu Streaming Platform generates, by the at least one computing 

device and based on one or more capabilities (e.g., type of device (e.g., PC), operating 

system, browser and/or media player) of the communication device, at least one play 

script (e.g., at least one MPD). 

59. The MPD includes: (i) an identification (e.g., segment 

information/segment file name) of the at least one portion of the requested media, (ii) 

an identification (e.g., identification of one or more ad breaks between video segments) 

of the at least one other media (e.g., advertisement), (iii) a reservation identification 

(e.g., authentication token) associated with the request for media, (iv) at least one 

universal resource locator (URL) associated with at least one of the identification of the 

Case 6:20-cv-00472-ADA Document 1 Filed 06/02/20 Page 15 of 28
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at least one portion of the requested media and the identification of the at least one 

other media, the at least one URL including at least one identification (e.g., host name) 

of at least one resource (e.g., streaming server(s)) other than the at least one computing 

device available to facilitate streaming of at least one of the at least one portion of the 

requested media and the at least one other media, and (v) one or more instructions for 

use by the communication device together with the at least one URL and the reservation 

identification to enable the at least one communication device to obtain the at least one 

portion of the requested media and the at least one other media. 

60. The Hulu Streaming Platform transmits, by the at least one computing 

device to the communication device, the at least one play script to enable the 

communication device to obtain the at least one portion of the requested media and the 

at least one other media via the communication network using the at least one resource 

other than the at least one computing device. 

61. SITO has been damaged by the direct infringement of Hulu, and is 

suffering and will continue to suffer irreparable harm and damages as a result of this 

infringement. 

Count III – Infringement of United States Patent No. 9,135,635 

62. SITO repeats, re-alleges, and incorporates by reference, as if fully set forth 

herein, the preceding paragraphs of this Complaint. 

63. Hulu directly infringes (literally and/or under the doctrine of equivalents) 

the ’635 patent by using the method covered by at least claim 1 of the ’635 patent. 

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64. The Hulu system that infringes one or more claims of the ‘635 patent 

includes, but is not limited to, the Hulu Streaming Platform, and any other Hulu 

network, system, device, and/or service that practices a media streaming method as 

claimed in the ’635 patent. 

65. The Hulu Streaming Platform performs a method of streaming media. The 

Hulu Streaming Platform receives, by at least one computing device (e.g., server(s)) via 

a communication network (e.g., the Internet), a request (e.g., GET request) for media 

(e.g., television program or movie) from a communication device (e.g., client device 

such as a personal computer, mobile device, and/or television). The at least one 

computing device comprises a combination of hardware and software. 

66. The Hulu Streaming Platform determines, by the at least one computing 

device, at least one portion of the requested media (e.g., video segment(s)) to be 

streamed to the communication device. 

67. The Hulu Streaming Platform transmits, by the at least one computing 

device for reception by the communication device, at least one play script (e.g., MPD) 

including: (i) at least one identification (e.g., segment information/segment file name) 

of the at least one portion of the requested media, (ii) an indication (e.g., identification 

of one or more ad breaks between video segments) that an advertising media clip is to 

be streamed to the communication device, (iii) at least one universal resource locator 

(URL) associated with the identification of the at least one portion of the requested 

media, the at least one URL including at least one identification (e.g., host name) of at 

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least one resource (e.g., streaming server(s)) other than the at least one computing 

device to facilitate streaming of the at least one portion of the requested media, and (iv) 

one or more instructions for use by the communication device together with the at least 

one URL to cause the at least one portion of the requested media to be streamed to the 

communication device. 

68. SITO has been damaged by the direct infringement of Hulu, and is 

suffering and will continue to suffer irreparable harm and damages as a result of this 

infringement. 

Count IV – Infringement of United States Patent No. 9,135,636 

69. SITO repeats, re-alleges, and incorporates by reference, as if fully set forth 

herein, the preceding paragraphs of this Complaint. 

70. Hulu directly infringes (literally and/or under the doctrine of equivalents) 

the ‘636 patent by using the method covered by at least claim 1 of the ’636 patent. 

71. The Hulu system that infringes one or more claims of the ’636 patent 

includes, but is not limited to, the Hulu Streaming Platform, and any other Hulu 

network, system, device, and/or service that practices a media streaming method as 

claimed in the ’636 patent. 

72. The Hulu Streaming Platform performs a method of streaming media. The 

Hulu Streaming Platform receives, by at least one computing device (e.g., server(s)) via 

a communication network (e.g., the Internet), a request (e.g., GET request) for media 

(e.g., television program or movie) from a communication device (e.g., client device 

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such as a personal computer, mobile device, and/or television), capable of using 

instructions (e.g., contained within an MPD) received from the at least one computing 

device to obtain at least one portion of the requested media (e.g., video segment(s)) 

using at least one resource (e.g., streaming server(s)) other than the at least one 

computing device. 

73. The Hulu Streaming Platform generates, by the at least one computing 

device, at least one play script (e.g., MPD) including: (i) at least one identification (e.g., 

segment information/segment file name) of the at least one portion of the requested 

media, (ii) a reservation identification (e.g., authentication token) associated with the 

request for media, (iii) at least one universal resource locator (URL) associated with the 

at least one identification of the at least one portion of the requested media, the at least 

one URL including at least one identification (e.g., host name) of the at least one 

resource (e.g., streaming server(s)) other than the at least one computing device 

available to facilitate streaming of at least one of the at least one portion of the 

requested media, and (iv) one or more instructions for use by the communication device 

together with the at least one URL and the reservation identification to enable the 

communication device to obtain the at least one portion of the requested media. 

74. The Hulu Streaming Platform transmits, by the at least one computing 

device to the communication device, the at least one play script to enable the 

communication device to obtain the at least one portion of the requested media via the 

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communication network using the at least one resource other than the at least one 

computing device. 

75. SITO has been damaged by the direct infringement of Hulu, and is 

suffering and will continue to suffer irreparable harm and damages as a result of this 

infringement. 

Count V – Infringement of United States Patent No. 9,591,360 

76. SITO repeats, re-alleges, and incorporates by reference, as if fully set forth 

herein, the preceding paragraphs of this Complaint. 

77. Hulu directly infringes (literally and/or under the doctrine of equivalents) 

the ‘360 patent by using the method covered by at least claim 15 of the ’360 patent. 

78. The Hulu system that infringes one or more claims of the ’360 patent 

includes, but is not limited to, the Hulu Streaming Platform, and any other Hulu 

network, system, device, and/or service that practices a method for streaming media 

content as claimed in the ’360 patent. 

79. The Hulu Streaming Platform uses an apparatus (e.g., network of servers) 

to perform a method for streaming media. The apparatus has a process, memory, and a 

packet-based network interface. (e.g., connection to the Internet). 

80. The Hulu Streaming Platform receives from a client device (e.g., personal 

computer, mobile device, and/or television) via a packet-based telecommunication 

network (e.g., the Internet) signaling (e.g., GET request) to have video content (e.g., 

television program or movie) streamed to the client device. 

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81. In response to the received signaling, a server generates an identifier (e.g., 

session ID) uniquely associated with the client device and a viewing session for the 

video content. 

82. In response to the received signaling, a server transmits to the client 

device, via the packet-based telecommunication network and in one or more files (e.g., 

MPD(s)), each of the one or more files being in a format compatible with a media player 

on the client device, (i) an indication (e.g., segment information and/or segment file 

name) of one or more segments of the video content, (ii) a URL including an 

identification (e.g., host name) of one or more resources (e.g., streaming server(s)) of a 

content distribution network (e.g., content delivery network (CDN)) available to 

facilitate streaming of the one or more segments to the client device, (iii) information 

(e.g., segment information/segment file name, title identifier of the segment, and/or 

authentication token for the segment) instructing the client device how to communicate 

with the one or more resources of the content distribution network to cause the 

plurality of segments to be streamed to the client device by the content distribution 

network, (iv) information (e.g., host name associated with an advertising server) 

instructing the client device how to communicate with an advertising server to cause 

one or more advertisements to be streamed from the advertising server to the client 

device in sequence with the streaming of the plurality of segments to the client device 

by the content distribution network, and (v) the identifier (e.g., session ID). 

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83. SITO has been damaged by the direct infringement of Hulu, and is 

suffering and will continue to suffer irreparable harm and damages as a result of this 

infringement. 

Count VI – Infringement of United States Patent No. 10,009,637 

84. SITO repeats, re-alleges, and incorporates by reference, as if fully set forth 

herein, the preceding paragraphs of this Complaint. 

85. Hulu directly infringes (literally and/or under the doctrine of equivalents) 

the ‘637 patent by using the method covered by at least claim 1 of the ’637 patent. 

86. The Hulu system that infringes one or more claims of the ’637 patent 

includes, but is not limited to, the Hulu Streaming Platform, and any other Hulu 

network, system, device, and/or service that practices a method for managing 

streaming of video content as claimed in the ’637 patent. 

87. The Hulu Streaming Platform performs a method for managing streaming 

of video content (e.g., television program or movie) to a client device (e.g., personal 

computer, mobile device, and/or television). The Hulu Streaming Platform provides 

the video content to a content distribution network (e.g., content delivery network 

(CDN)) for storage in a plurality of geographically separated resources (e.g., streaming 

servers located throughout the United States) of the content distribution network. 

88. A server(s) receives, from the client device via a packet-based 

telecommunication network (e.g., the Internet), signaling (e.g., GET request) to have the 

stored video content streamed to the client device. 

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89. In response to the received signaling, a server transmits one or more files 

(e.g., MPD(s)) to the client device via the packet-based telecommunication network, 

each of the one or more files being in a format compatible with a media player on the 

client device, the one or more files comprising (i) an identification (e.g., host name) of 

one or more of the resources (e.g., streaming server(s)) of the content distribution 

network available to facilitate streaming of one or more segments of the stored video 

content to the client device, the identification being dependent at least in part on a 

relationship between a geographic location of the client device and geographic locations 

of the resources of the content distribution network (e.g., the host name will resolve an 

IP address of a streaming server of a CDN that is geographically close to the client 

device), and (ii) an identification (e.g., host name) of an advertising server, the 

identification of the advertising server being dependent at least in part on a relationship 

between the geographic location of the client device and a geographic location of the 

advertising server (e.g., on information and belief, the host name will resolve an IP 

address of an advertising server that is geographically close to the client device). 

90. The one or more files, when processed by the client device, cause the client 

device to communicate with the identified one or more resources of the content 

distribution network and the advertising server to cause the one or more segments of 

the stored video to be streamed to the client device by the identified one or more 

resources of the content distribution network and cause one or more advertisements to 

be streamed from the advertising server to the client device. 

Case 6:20-cv-00472-ADA Document 1 Filed 06/02/20 Page 23 of 28
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91. SITO has been damaged by the direct infringement of Hulu, and is 

suffering and will continue to suffer irreparable harm and damages as a result of this 

infringement. 

Count VII – Infringement of United States Patent No. 10,171,846 

92. SITO repeats, re-alleges, and incorporates by reference, as if fully set forth 

herein, the preceding paragraphs of this Complaint. 

93. Hulu directly infringes (literally and/or under the doctrine of equivalents) 

the ‘846 patent by using the method covered by at least claim 1 of the ’846 patent. 

94. The Hulu system that infringes one or more claims of the ’846 patent 

includes, but is not limited to, the Hulu Streaming Platform, and any other Hulu 

network, system, device, and/or service that practices a method for managing 

streaming of video content as claimed in the ’846 patent. 

95. The Hulu Streaming Platform performs a method for managing streaming 

of video content (e.g., television program or movie) to a client device (e.g., personal 

computer, mobile device, and/or television). The Hulu Streaming Platform provides 

the video content to a content distribution network (e.g., content delivery network 

(CDN)) for storage in a plurality of geographically separated resources (e.g., streaming 

servers located throughout the United States) of the content distribution network. 

Case 6:20-cv-00472-ADA Document 1 Filed 06/02/20 Page 24 of 28
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96. The Hulu Streaming Platform dynamically selects one or more 

advertisement media clips (e.g., targeted advertisement(s)) based on statistical 

information (e.g., user interest/behavior, demographics) associated with a user of the 

client device. 

97. A server receives, from the client device (e.g., personal computer, mobile 

device, and/or television) via a packet-based telecommunication network (e.g., the 

Internet), signaling (e.g., GET request) to have the stored video content streamed to the 

client device. 

98. In response to the received signaling, a server transmits to the client 

device, via the packet-based telecommunication network and in one or more files (e.g., 

MPD(s)) having a format compatible with a media player on the client device, (i) an 

identification (e.g., host name) of one or more of the resources (e.g., streaming server(s)) 

https://advertising.hulu.com/ad-solutions/buying-solutions/ 

Case 6:20-cv-00472-ADA Document 1 Filed 06/02/20 Page 25 of 28
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of the content distribution network available to facilitate streaming of one or more 

segments of the stored video content to the client device, the identification being 

dependent at least in part on a relationship between a geographic location of the client 

device and geographic locations of the resources of the content distribution network 

(e.g., the host name will resolve an IP address of a streaming server of a CDN that is 

geographically close to the client device), and (ii) an identification (e.g., host name) of 

an advertising server, the identification of the advertising server being dependent at 

least in part on a relationship between the geographic location of the client device and a 

geographic location of the advertising server (e.g., on information and belief, the host 

name will resolve an IP address of an advertising server that is geographically close to 

the client device). 

99. The one or more files, when processed by the client device, cause the client 

device to communicate with the identified one or more resources of the content 

distribution network and the advertising server to cause the one or more segments of 

the stored video to be streamed to the client device by the identified one or more 

resources of the content distribution network and cause the one or more selected 

advertisement media clips to be streamed from the advertising server to the client 

device. 

100. SITO has been damaged by the direct infringement of Hulu, and is suffering 

and will continue to suffer irreparable harm and damages as a result of this infringement. 

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JURY DEMANDED 

101. Pursuant to Federal Rule of Civil Procedure 38(b), SITO hereby requests a 

trial by jury on all issues so triable. 

PRAYER FOR RELIEF 

SITO respectfully requests this Court to enter judgment in SITO’s favor and 

against Hulu as follows: 

a. finding that Hulu directly infringes one or more claims of each of the 

patents-in-suit; 

b. awarding SITO damages under 35 U.S.C. § 284, or otherwise permitted by 

law, including supplemental damages for any continued post-verdict 

infringement; 

c. awarding SITO pre-judgment and post-judgment interest on the damages 

award and costs; 

d. awarding cost of this action (including all disbursements) and attorney 

fees pursuant to 35 U.S.C. § 285, or as otherwise permitted by the law; 

and 

e. awarding such other costs and further relief that the Court determines to 

be just and equitable. 

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Dated: June 2, 2020 Respectfully submitted, 

/s/Raymond W. Mort, III 

Raymond W. Mort, III 

Texas State Bar No. 00791308 

raymort@austinlaw.com

THE MORT LAW FIRM, PLLC 

100 Congress Avenue, Suite 2000 

Austin, Texas 78701 

Tel/Fax: 512-865-7950 

Of Counsel: 

Ronald M. Daignault (pro hac vice to be filed) 

Chandran B. Iyer (pro hac vice to be filed) 

Jason S. Charkow (pro hac vice to be filed) 

rdaignault@goldbergsegalla.com 

ciyer@goldbergsegalla.com 

jcharkow@ goldbergsegalla.com 

GOLDBERG SEGALLA LLP 

711 Third Avenue, Suite 1900 

New York, New York 10017 

Telephone: (646) 292-8700 

Stephanie R. Mandir (pro hac vice to be filed) 

smandir@goldbergsegalla.com 

 GOLDBERG SEGALLA LLP 

Reston Town Center 

11921 Freedom Drive, 5th Floor 

Reston, VA 20190 

Attorneys for SITO Mobile, Ltd. and 

SITO Mobile R&D IP, LLP

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