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. 

FLOSPORTS, INC., 

 Defendant. 

 Case No. 6:20-cv-00471 

 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 FloSports, Inc. 

(“FloSports”) for patent infringement of United States Patent Nos. 9,026,673; 9,135,635; 

9,135,636; 9,350,777; 9,380,088; 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 FloSports, Inc. is a company 

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

located at 979 Springdale Road, Suite 120, Austin, Texas 78702. FloSports may be served 

with process through its registered agent for service in Texas: Registered Agents Inc., 

5900 Balcones Drive, Suite 100, Austin, Texas 78731. 

5. On information and belief, since at least August 2014, FloSports has been 

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

0802048073. 

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

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

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Texas 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 FloSports because FloSports 

(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 FloSports because FloSports 

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 FloSports because, inter alia, FloSports, 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. FloSports 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). FloSports 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, FloSports maintains a significant physical 

presence in this judicial district. 

13. On information and belief, FloSports operates multiple corporate offices in 

this judicial district, and these offices constitute regular and established places of 

business: 979 Springdale Road, Suite 120, Austin, Texas 78702; 2922 E. Cesar Chavez 

Street, Austin, Texas 78702 (collectively, “Austin Offices”). On information and belief, 

FloSports employs hundreds of people in its Austin Offices.1 

14. On information and belief, FloSports has H-1B labor condition 

applications for people employed in Austin, Texas.2 Employees holding an H-1B visa 

are employed in a specialty occupation that requires “theoretical and practical 

application of a body of highly specialized knowledge . . . and attainment of a 

1 FloSports Closes $47 Million in Funding to Broaden Coverage in New and Existing Sports, 

FLOSPORTS NEWS (June 3, 2019), https://www.flosports.tv/2019/06/03/flosportscloses-47-million-in-funding-to-broaden-coverage-in-new-and-existing-sports/ 

2https://h1bsalary.online/index.php?searchtext=FLOSPORTS+INC&year=&minsalary

=&state=&worksite_city=&job_title=. 

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bachelor’s or higher degree in the specific specialty.” See generally 8 U.S.C. § 1184. As 

such, FloSports employees in Austin, Texas are highly specialized and important to the 

operation of FloSports. 

15. FloSports has listed job openings on its website for positions in this 

judicial district. 

FLOSPORTS VIDEO STREAMING SERVICE 

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

FloSports currently has over 300,000 active users.4 

17. FloSports’ streaming service offers “over 200,000 sports competitions live 

or on demand, with exclusive, behind-the-scenes coverage and original programming 

for over 25 different sports.”5

18. FloSports subscribers can access its services through, for example, a 

computer, smart phone, tablet, smart TV (e.g., Vizio, LG, Samsung) and/or streaming 

player (e.g., Apple TV, Amazon Fire TV, Roku, Chromecast).6 FloSports subscribers can 

3 https://www.flosports.tv/ 

4 Danni Santana, FloSports Pushing Forward with Media Rights Acquisition Strategy, FRONT 

OFFICE SPORTS (Apr. 17, 2020), https://frntofficesport.com/flo-sports-mediaacquisition-strategy/ 

5 https://www.flosports.tv/ 

6 FloSports Announces Launch of New Apps, FLOSPORTS NEWS (June 13, 2019), 

https://www.flosports.tv/2019/06/13/flosports-announces-launch-of-new-apps/; see 

also https://www.flosports.tv/. 

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download FloSports apps to their mobile devices from Google Play and Apple’s App 

Store.7 

19. FloSports offers a variety of subscription plans starting at $12.49/month, 

which includes advertisements.8 

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

Streaming Platform”). On information and belief, FloSports uses HTTP Live Streaming 

(HLS) protocol to stream video content. HLS is an HTTP-based adaptive bitrate 

streaming technique that enables high quality streaming of media content over the 

Internet from web servers. A copy of the HLS standards documents is attached hereto 

as Exhibit 1. 

21. With 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 

7 See, e.g., https://play.google.com/store/apps/details?id=tv.flosports&hl=en_US; 

https://apps.apple.com/us/app/flosports-watch-live-sports/id1149210891. 

8 https://www.flosports.tv/join-now/#Subscription; https://www.flosports.tv/wpcontent/uploads/2020/04/2020-FloSports-Ad-Specs-Media-Kit.pdf 

Case 6:20-cv-00471-ADA Document 1 Filed 06/02/20 Page 6 of 25
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continuously requests segments until the player has received all of the segments that 

make up the video. 

22. The screen capture of FloLive (below) illustrates various display 

resolution options for the media player. As such, on information and belief, the FloLive 

video content is encoded at different bit rates. 

THE PATENTS-IN-SUIT 

United States Patent No. 9,026,673 

23. 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. 

24. The ’673 patent is presumed valid under 35 U.S.C. § 282. 

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

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United States Patent No. 9,135,635 

26. 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. 

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

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

United States Patent No. 9,135,636 

29. 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. 

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

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

United States Patent No. 9,350,777 

32. On May 24, 2016, the USPTO duly and legally issued United States Patent 

No. 9,350,777 (“the ’777 patent”) entitled “System and Method for Routing Media” to 

inventor Charles A. Jennings et al. 

33. The ’777 patent is presumed valid under 35 U.S.C. § 282. 

34. SITO owns all rights, title and interest in the ’777 patent. 

United States Patent No. 9,380,088 

35. On June 28, 2016, the USPTO duly and legally issued United States Patent 

No. 9,380,088 (“the ‘088 patent”) entitled “System and Method for Routing Media” to 

inventor Charles A. Jennings et al. 

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36. The ’088 patent is presumed valid under 35 U.S.C. § 282. 

37. SITO owns all rights, title and interest in the ’088 patent. 

United States Patent No. 10,009,637 

38. 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. 

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

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

United States Patent No. 10,171,846 

41. 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. 

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

43. SITO owns all rights, title and interest in the ’846 patent. 

CLAIMS FOR RELIEF 

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

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

herein, the preceding paragraphs of this Complaint. 

45. FloSports 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. 

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46. The FloSports system that infringes one or more claims of the ’673 patent 

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

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

method as claimed in the ’673 patent. 

47. The FloSports Streaming Platform performs a method of streaming video. 

The FloSports 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 instructions (e.g., contained within an M3U8 file(s)) 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. 

48. The FloSports 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). 

49. On information and belief, the FloSports Streaming Platform includes a 

media selector for an advertisement in an M3U8 file(s). A server in the FloSports 

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Streaming Platform determines the at least one other media based on the at least one 

media selector. 

50. The FloSports 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 M3U8 file). 

51. The M3U8 file(s) 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 

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. 

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52. The FloSports 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. 

53. SITO has been damaged by the direct infringement of FloSports, 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. 9,135,635 

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

herein, the preceding paragraphs of this Complaint. 

55. FloSports 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. 

56. The FloSports system that infringes one or more claims of the ’635 patent 

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

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

method as claimed in the ’635 patent. 

57. The FloSports Streaming Platform performs a method of streaming media. 

The FloSports 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) 

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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. 

58. The FloSports 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. 

59. The FloSports Streaming Platform transmits, by the at least one computing 

device for reception by the communication device, at least one play script (e.g., M3U8 

file(s)) 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 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. 

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60. SITO has been damaged by the direct infringement of FloSports, 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. 9,135,636 

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

herein, the preceding paragraphs of this Complaint. 

62. FloSports 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. 

63. The FloSports system that infringes one or more claims of the ’636 patent 

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

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

method as claimed in the ’636 patent. 

64. The FloSports Streaming Platform performs a method of streaming media. 

The FloSports 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), capable of using 

instructions (e.g., contained within an M3U8 file(s)) received from the at least one 

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

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

one computing device. 

65. The FloSports Streaming Platform generates, by the at least one 

computing device, at least one play script (e.g., M3U8 file(s)) 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. 

66. The FloSports 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 

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

computing device. 

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67. SITO has been damaged by the direct infringement of FloSports, 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. 9,350,777 

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

herein, the preceding paragraphs of this Complaint. 

69. FloSports directly infringes (literally and/or under the doctrine of 

equivalents) the ’777 patent by using the method covered by at least claim 59 of the ’777 

patent. 

70. The FloSports system that infringes one or more claims of the ’777 patent 

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

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

management method as claimed in the ’777 patent. 

71. The FloSports Streaming Platform performs a media streaming 

management method. The FloSports Streaming Platform receives, by at least one 

computing device (e.g., server(s)) comprising a combination of hardware and software, 

a request (e.g., GET request) to receive 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 playing the requested media. 

72. In response to the request for media and based on one or more attributes 

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

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communication device and one or more rules associated with the requested media, the 

FloSports Streaming Platform transmits (e.g., within an M3U8 file(s)), to the 

communication device by the at least one computing device over a communication 

network (e.g., the Internet), (i) at least one identification (e.g., segment 

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

(video segment(s)), (ii) 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 to 

facilitate streaming of the at least one portion of the requested media, (iii) information 

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

of the segment, and/or format of the segment) for use by the communication device as 

to how the at least one portion of the requested media is to be presented to a user of the 

communication device, and (iv) a unique identifier (e.g., user ID and additional 

identifier information) for use by at least the communication device to enable the at 

least one portion of the requested media to be streamed to the communication device. 

73. SITO has been damaged by the direct infringement of FloSports, 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. 9,380,088 

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

herein, the preceding paragraphs of this Complaint. 

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75. FloSports directly infringes (literally and/or under the doctrine of 

equivalents) the ’088 patent by using the method covered by at least claim 36 of the ’088 

patent. 

76. The FloSports system that infringes one or more claims of the ’088 patent 

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

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

management method as claimed in the ’088 patent. 

77. The FloSports Streaming Platform performs a media streaming 

management method. The FloSports Streaming Platform receives, by at least one 

computing device (e.g., server(s)) comprising a combination of hardware and software, 

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) capable of playing the requested media. 

78. In response to the request for media and based on one or more attributes 

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

communication device and one or more rules associated with the requested media, the 

FloSports Streaming Platform transmits (e.g., within an M3U8 file(s)), from the at least 

one computing device to the communication device over a communication network 

(e.g., the Internet), (i) at least one identification (e.g., segment information/segment file 

name) of at least one portion of the requested media (e.g., video segment(s)), (ii) an 

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

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least one advertising media clip is to be streamed to the communication device, (iii) 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 the at least one portion of the requested media, and (iv) information (e.g., segment 

information/segment file name, title identifier of the segment, type of file of the 

segment, and/or format of the segment) for use by the communication device as to how 

the at least one portion of the requested media and the at least one advertising media 

clip are to be presented to a user of the communication device. 

79. SITO has been damaged by the direct infringement of FloSports, 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 

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

herein, the preceding paragraphs of this Complaint. 

81. FloSports 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. 

82. The FloSports system that infringes one or more claims of the ’637 patent 

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

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

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

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83. The FloSports 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 FloSports 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. 

84. 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. 

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

(e.g., M3U8 file(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 

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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). 

86. 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. 

87. SITO has been damaged by the direct infringement of FloSports, 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 

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

herein, the preceding paragraphs of this Complaint. 

89. FloSports 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. 

90. The FloSports system that infringes one or more claims of the ’846 patent 

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

Case 6:20-cv-00471-ADA Document 1 Filed 06/02/20 Page 21 of 25
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FloSports network, system, device, and/or service that practices a method for managing 

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

91. The FloSports 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 FloSports 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. 

92. On information and belief, the FloSports 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.9 

93. 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. 

94. 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., 

9https://webcache.googleusercontent.com/search?q=cache:6Jt88b8sToAJ:https://ww

w.flosports.tv/2015/02/27/head-of-advertisingoperations/+&cd=3&hl=en&ct=clnk&gl=us 

Case 6:20-cv-00471-ADA Document 1 Filed 06/02/20 Page 22 of 25
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M3U8 file(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)) 

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). 

95. 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. 

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96. SITO has been damaged by the direct infringement of FloSports, and is 

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

infringement. 

JURY DEMANDED 

97. 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 FloSports as follows: 

a. finding that FloSports 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. 

Case 6:20-cv-00471-ADA Document 1 Filed 06/02/20 Page 24 of 25
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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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