PLAINTIFF'S ORIGINAL COMPLAINT PAGE 1 OF 8
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION FRONT ROW TECHNOLOGIES, LLC, § § Plaintiff, § § vs. § Case No. _____________________ § MLB ADVANCED MEDIA, L.P., § MERCURY RADIO ARTS, INC., §
d/b/a ‘THE GLENN BECK PROGRAM,
§
INC.’,
& GBTV, LLC § § § Defendants. §
PLAINTIFF
’
S ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT AND JURY DEMAND
Plaintiff Front Row Technologies
, LLC (“Front Row
Technologies
”) files this Complaint
for patent infringement against Defendants MLB Advanced Media, L.P., Mercury Radio Arts,
Inc., d/b/a “The Glenn Beck Program, Inc.”, and GBTV, LLC
(collectively the “Defe
ndants
”
) and alleges as follows:
I.
PARTIES
1.
Plaintiff Front Row Technologies is a New Mexico limited liability company having its principal place of business at 117 Bryn Mawr Drive SE, Albuquerque, New Mexico 87106. 2.
Defendant MLB Advanced Media, L.P. is a limited partnership organized and existing under the laws of the State of New York, with its principal place of business located at 245 Park Avenue, Floor 34, New York, New York 10167. MLB Advanced Media, L.P. is a resident of New York, which engages in business in various states throughout the United States.
PLAINTIFF'S ORIGINAL COMPLAINT PAGE 2 OF 8
This action arises, in part, out of the
MLB Advanced Media, L.P.’s
business that is directed to and conducted within the State of Texas. MLB Advanced Media, L.P.
(“MLB
-
AM”)
is in the business of broadcasting entertainment, news, and sporting events through electronic and wireless instrumentalities, the sale of electronic software for broadcasting sporting events through electronic and wireless instrumentalities, and/or the sale of electronic software for broadcasting sporting events through electronic and wireless instrumentalities in interstate commerce. MLB-AM engages in such business in the State of Texas; and more specifically, MLB-AM has entered into a contractual arrangement with one or more of the other named defendants to provide such services for GBTV.
1
While Defendant MLB-AM does not have a registered agent designated in the State of Texas, it can be served with process through the Secretary of the State of Texas. F
ED
.
R.
C
IV
.
P
RO
.
4(h)(1)(A). 3.
Defendant Mercury Radio Arts, Inc., d/b/a “The Glenn Beck Program, Inc.”
, is a New York corporation with its principal place of business located at 1133 Avenue of the Americas, 34
th
Floor, New York, New York 10036. While it is a New York Corporation, Mer
cury Radio Arts, Inc. (“Mercury”) engages in business throughout the United States.
However, this action arises, in
part, out of Mercury’s business, which has been and continues to
be conducted in as well as directed to the State of Texas. Mercury is in the business of broadcasting entertainment, news, and radio shows throughout the United States. Since at least 2012, Mercury has maintained a Dallas office.
2
Defendant Mercury can be served with process through its registered agent CSC
–
Lawyers Incorporating Service Company, 211, E. 7
th
Street,
1
See Terms of Use Agreement,
attached hereto as Exhibit “B.”
2
“Founded in 2002, Mercury has a full time staff of over 100 employees and is based in New York, NY and Dallas, Texas.”
Exhibit “
C
.”
PLAINTIFF'S ORIGINAL COMPLAINT PAGE 3 OF 8
Suite 620, Austin, Texas 78701-3218; or its Chief Executive Officer Glenn L. Beck, who resides at 2208 Vaquero Estates Boulevard, Westlake, Tarrant County, Texas 76262, or at his primary place of business GBTV Studios at The Studios at Las Colinas, 6301 Riverside Drive, Irving, Dallas County, Texas 75039. 4.
Defendant GBTV, LLC (“GBTV”) is a New York limited liability corporation
with its principal place of business located at 1133 Avenue of the Americas, 34
th
Floor, New York, New York 10036. Defendant Mercury is the principal of GBTV. Like its principal, GBTV engages in business throughout the United States. This action arises, in part, out of GBTV
’s business, which has been and continues to be conducted in as well as directed to the
State of Texas. GBTV is in the business of video production and content for broadcasting entertainment and news shows throughout the United States. Since at least 2012, GBTV has maintained a Dallas office at The Studios at Las Colinas, 6301 Riverside Drive, Irving, Dallas County, Texas 75039.
3
GBTV can be served with process through its principal Defendant Mercury, whose registered agent in Texas is CSC
–
Lawyers Incorporating Service Company, 211, E. 7
th
Street, Suite 620, Austin, Texas 78701-3218; or its Director Glenn L. Beck, who resides at 2208 Vaquero Estates Boulevard, Westlake, Tarrant County, Texas 76262, offices at GBTV Studios at The Studios at Las Colinas, 6301 Riverside Drive, Irving, Dallas County, Texas 75039.
3
“Beck said, ‘I have come to know and respect the people of Texas and could not be more excited about GBTV
studios
–
the future home of GBTV and a multiplatform destination for the fusion of entertainment and enlightenment. We are proud to become part of the Dallas-Fort Worth area and are eager to become good neighbors
and members of the local community.’”
. May 21, 2012 Printout of Webpage, attached hereto as Exhibit “
D
.”