Of Counsel: ALSTON HUNT FLOYD & ING Attorneys at Law - A Law Corporation PAUL ALSTON 1126 JOHN RHEE

9681 1001 Bishop Street, Suite 1800 Honolulu, Hawai`i 96813 Telephone: (808) 524-1800 Facsimile: (808) 524-4591 E-mail: palston@ahfi.com jrhee@ahfi.com FREDERICK A. TECCE [Pro Hac Vice Pending] JOHN D. SIMMONS [Pro Hac Vice Pending] Panitch Schwarze Belisario & Nadel One Commerce Square, Suite 2200 2005 Market Street Philadelphia, PA 19103 Telephone: (215) 965-1268 Attorneys for Plaintiff

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF HAWAI'I

BROADBAND iTV, INC.,

Case No. COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF; EXHIBIT A; DEMAND FOR JURY TRIAL

Plaintiff, vs. HAWAIIAN TELCOM, INC.; OCEANIC TIME WARNER CABLE, LLC; TIME WARNER CABLE, INC.; and TIME WARNER ENTERTAINMENT COMPANY, LP, Defendants.
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COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF Broadband iTV, Inc. (BBiTV), by and through its undersigned counsel, and for its Complaint against the Defendants, TIME WARNER CABLE, INC., OCEANIC TIME WARNER CABLE, LLC, and TIME WARNER ENTERTAINMENT COMPANY, LP (collectively, TIME WARNER) and HAWAIIAN TELCOM, INC. (Hawaiian Telcom) (sometimes collectively referred to herein as Defendants), alleges as follows: NATURE OF THE ACTION 1. This is a civil action arising under the patent laws of the

United States, specifically Title 35, United States Code, 1 et seq. THE PARTIES 2. Plaintiff Broadband iTV, Incorporated is a Delaware

corporation. Its principal place of business is in Honolulu, Hawai`i. 3. In or about 2001, BBiTV was formed in Honolulu by a

group of local investors for the purpose of developing interactive media services and applications. Since its formation, BBiTV has focused on developing novel ways to provide interactive applications and services to cable television subscribers. 4. Since before 2008, Defendant Time Warner Cable Inc.

has operated cable franchises in the State of Hawai`i and elsewhere through various indirect subsidiaries that it controls. From 2008 to 2
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2012, its operations in Hawai`i were conducted through Defendant Time Warner Entertainment Company, LP; since 2012, its operations have been conducted through Defendant Oceanic Time Warner Cable LLC. At all relevant times, Defendant Time Warner Cable Inc. has maintained and exercised ultimate ownership and management control over the Time Warner cable operations in Hawai`i and elsewhere. 5. All the subsidiaries of Defendant Time Warner Cable

Inc. that operate cable television systems are wholly-owned, with the exception of one, in which it holds 66.67% of the general partnership interests. 6. Time Warner Cable, Inc. holds 100% of the economic

interest in, and full operational control of, all the cable systems that do business as "Time Warner Cable." Those cable systems serve over 15 million customersincluding more than 11.4 million residential video customersin 29 states. 7. Time Warner provides advanced video services over

almost all of its systems, including digital cable, video-on-demand (VOD), high-definition television (HDTV) and digital video recorders. 8. Through an advanced digital television and broadband

infrastructure which includes, but is not limited to coaxial and fiberoptic cables, Time Warner typically makes available more than 250

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channels of programming, including VOD programming offering digital customers the opportunity to choose from hundreds of video titles. 9. Defendant Hawaiian Telcom Inc. is a Delaware

corporation with its principal place of business at 1177 Bishop Street, Honolulu, Hawai`i` 96813. Since 2011, Defendant Hawaiian Telcom is an IPTV system operator, and it has offered video-on-demand programming to digital television subscribers in Hawai`i. JURISDICTION AND VENUE 10. This Court has subject matter jurisdiction over this

action pursuant to 28 U.S.C. 1331 and 1338(a). 11. This Court has personal jurisdiction over the

Defendants because the Defendants have substantial operations in Hawai`i and Defendants have and offered to sell and continue to sell into this State and judicial district the products and services at issue in this case. 12. Venue is proper in this judicial district pursuant to Title

28, U.S.C. 1391(b)-(d) and 1400(b) in that the Defendants are registered to do business in Hawai`i and are deemed to reside in Hawai`i and their acts of patent infringement and unfair competition are occurring within this judicial district.

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The Defendants are in the business of creating, providing, selling, offering for sale video on-demand services in and for the cable industry. FACTS 13. Over the past ten years, there has been tremendous

growth in the viability, availability and use of interactive video-ondemand services by digital television systems subscribers. Today, the majority of such subscribers enjoy interactive video-on-demand services through various digital television systems providers, such as the Defendants. 14. As a result, over the last few years, there has been a

marked increase in the delivery and viewing, at a time selected by the customer, of a wide variety of video content including, but not limited to, television series and movies. 15. Delivery of this video content predicated upon a specific

request by the user or customer has come to be called video-ondemand (VOD). 16. On July 30, 2004, an employee of BBiTV, caused to be

filed United States Patent Application No 10/909,192 (the 192 application). In connection with the application process, the inventor assigned any interest he may have had in and to the 192 application and

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all divisionals, continuations, substitutes, renewals, reissues, and reexaminations thereof and any patents that issued therefrom to BBiTV. 17. BBiTV has a number of applications currently pending

before the United States Patent and Trademark Office (USPTO) all of which can trace their lineage back to the 192 application. 18. On March 12, 2007, the same employee of BBiTV

caused to be filed United States Patent Application No. 11/685,188 (the 188 application). The 188 application is a continuation-in-part application from the 192 application filed on July 30, 2004. The 188 Application, as with all previously pending and pending applications was assigned to Plaintiff BBiTV. 19. On December 8, 2009, the USPTO duly and legally

issued United States Patent No. 7,631,336 B2 (the 336 patent) in the name of Milton Diaz Perez and based upon the 188 application and entitled Method For Converting, Navigating and Displaying Video Content Uploaded From the Internet to a Digital TV Video-on-Demand Platform. A copy of the 336 patent is attached hereto as Exhibit A and incorporated by reference as if fully set forth herein. 20. 21. The claims of the 336 patent are valid and enforceable. The 336 patent discloses and claims various novel and

unique features relating to the delivery of VOD content via the Internet to a video-on-demand server. BBiTV is the assignee of all right, title, and 6
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interest in and to the 336 patent and possesses all rights of recovery under the 336 patent, including the rights to sue for infringement, to seek recourse for damages, and to seek injunctive relief. 22. Defendants have been, and are, making, using, offering

for sale and selling the 336 patents claimed method for converting, navigating and displaying video content in connection with their providing, selling, and offering for sale digital television services, including video-on-demand services, throughout the State of Hawai`i and the United States (hereinafter the Infringing Products and Services). 23. Both Defendant Time Warner and Defendant Hawaiian

Telcom utilize the same systems and methods in connection with their use and implementation of the accused systems and they have been, and are, utilizing the same methods and series of transactions in connection their customers downloads of VOD content. 24. Defendants are using the same or common methods

and series of transactions in connection with their Infringing Products and Services. 25. In 2010, Defendant Time Warner Cable, Inc., was

informed about BBiTVs patents, including the 336 Patent, and it has known since then about the relevance of the 336 Patent to the Infringing Products and Services it provides to subscribers. 7
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26.

In April 2006, Hawaiian Telcom was informed about

BBiTVs intellectual property, including the technology embodied in the 336 Patent. On or about May 10, 2013, Hawaiian Telcom was provided notice of the 336 Patent and a detailed description comparing the claims of the 336 Patent with its Infringing Products and Services. 27. The Defendants have not obtained, a license under the

claims of the 336 patent and are not authorized or permitted to market, manufacture, use, offer for sale, sell or import any products embodying the invention disclosed and claimed in the 336 patent. CLAIM FOR RELIEF: INFRINGEMENT OF THE CLAIMS OF THE 336 PATENT 28. Plaintiff realleges and incorporates by reference

paragraphs 1 through 27 of this Complaint as though fully set forth herein. 29. U.S.C. 282. 30. Acts of direct infringement are taking place in this The 336 patent is presumed valid pursuant to 35

judicial district and elsewhere. 31. BBiTV is informed and believes, and on that basis

alleges that the Defendants have been and are currently engaged in acts which constitute direct infringement or inducement to infringe of one or more claims of the 336 patent in the United States, including, but not 8
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limited to, within this judicial district, in violation of 35 U.S.C. 271(a) and/or (b). 32. BBiTV is informed and believes, and on that basis

alleges, that the Defendants have been and are currently using, offering for sale, and selling into the United States, including, but not limited to, within this judicial district, without license or authority, at least the Infringing Products and Services, which are covered by one or more claims of the 336 patent, and have directly infringed or induced infringement of one or more claims of the 336 patent by others, in violation of 35 U.S.C. 271(a) and/or (b). 33. The Defendants, either alone or with others known and

unknown to the Plaintiff have caused, urged, encouraged and/or aided the induced infringement of the claims of the 336 patent. BBiTV is informed and believes, and on that basis alleges, that the Defendants have directly infringed or induced infringement and will continue to directly infringe upon or induce infringement of one or more of the claims of the '336 patent by the use, offer for sale, and sale of the Infringing Products and Services unless this Court enjoins the Defendants infringing activities. 34. The direct infringement and inducement to infringe by

the Defendants of one or more claims of the 336 patent has deprived BBiTV of revenues which it otherwise would have made or caused to be 9
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made, and has in other respects, injured BBiTV and will cause BBiTV irreparable injury and loss of revenues unless and until enjoined by this Court. WHEREFORE, Plaintiff Broadband iTV, Inc., prays for judgment in its favor and against Defendants Time Warner Cable, Inc. and Hawaiian Telcom, Inc. and requests that this Court: (a) enter a finding and a judgment in favor of BBiTV and

against the Defendants for patent infringement in an amount to be ascertained and in an amount adequate to compensate BBiTV for the Defendants infringement of one or more claims of the 336 patent, including, but not limited to, the Defendants profits, but in no event less than a reasonable royalty for the use made of the invention by the Defendants together with prejudgment and post-judgment interest and costs as fixed by the Court, as provided by 35 U.S.C. 284; (b) enter a preliminary and permanent injunction against

further and continued infringement of the claims of the 336 patent by the Defendants, as authorized and provided by 35 U.S.C. 283; and

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(c)

grant BBiTV its costs and such other and further relief

as the Court may deem just and appropriate. DATED: Honolulu, Hawai`i, April 8, 2014.

/s/ Paul Alston PAUL ALSTON JOHN RHEE FREDERICK A. TECCE [Pro Hac Vice Pending] JOHN D. SIMMONS [Pro Hac Vice Pending]

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