On August 24, 2022, Playvuu, Inc. (“Playvuu” or “Plaintiff”), represented by David J. Tsai of Pillsbury Winthrop Shaw Pittman LLP, filed an intellectual property lawsuit against Snap, Inc. (“Snap” or “Snapchat” or “Defendant”), seeking declaratory and injunctive relief along with damages for Defendant’s alleged infringement of U.S. Patent No. 10,931,911 (“the ’911 Patent”) owned by the plaintiff. This case was filed in the U.S. District Court for the Central District of California.
The complaint alleged, “Playvuu, originally known as MySongToYou, Inc., was founded in 2009 by its Chief Executive Officer (CEO), Shane Pollack. Prior to founding Playvuu, Mr. Pollack worked as a writer, director, and film producer. Following his successful career in the television and film industry, Mr. Pollack launched a career as a pop rapper. Mr. Pollack was trained by hip hop pioneers, including Doug E. Fresh, who had mentored other rappers including Sean Combs, also known as Diddy.”
The plaintiff stated, “As a protégé of Doug E. Fresh, Mr. Pollack spent considerable time enmeshed in the music industry. Mr. Pollack met with executives from Warner Music and Def Jam, and spent time with artists such as Diddy, 50 Cent, Ne-Yo, LL Cool J, and a myriad of others. Mr. Pollack released two studio albums, ‘Never Peak’ released in 2002 under the moniker Mad Philosopher and the self- titled album ‘Shane’ released in 2007. Mr. Pollack focused his rap career on promoting positive messages through his fun, up-tempo songs, which omitted any reference to violence, alcohol, drugs, or profanity.”
The plaintiff alleged, “On Wednesday, October 5, 2016, then-Perkins Coie LLP Partner Michael Glaser introduced Mr. Pollack to Steve Hwang, Director of Operations and Strategy at Snap, Inc. Mr. Hwang conveyed that Snap was interested in learning more about Playvuu as soon as possible.”
The plaintiff further alleged, “At their request, on October 17, 2016, Mr. Pollack emailed Mr. Hwang and Ms. Gallucci the PowerPoint presentation he had presented during the October 10, 2016 meeting, along with the additional information requested by Snap regarding the overlay and augmented reality technology Playvuu had developed.”
The plaintiff then alleged, “However, within hours of emailing the presentation and other written materials, Mr. Pollack surprisingly received a curt reply thanking him for sending the presentation but also stating that Snap ‘didn’t see a fit’ for Playvuu’s technology. Despite Ms. Gallucci’s email to Mr. Pollack stating that Snap ‘didn’t see a fit’ for Playvuu’s technology, over the months and years after the October 10, 2016 meeting, Snap implemented many of the Playvuu App features presented by Mr. Pollack in its Snapchat App.”
The plaintiff alleged, “Snap has indirectly infringed, and continues to indirectly infringe, one or more claims of the ’911 Patent by knowingly and intentionally inducing others to directly infringe, either literally or under the doctrine of equivalents, by providing an infringing product to its customers or other third parties. Snap’s infringement has damaged and will continue to damage Playvuu.”
Plaintiff stated one claim for Defendant’s alleged infringement of the ’911 Patent owned by Plaintiff.
In its prayer for relief, the plaintiff requested a judgment for declaratory and injunctive relief. The plaintiff also requested an award for damages including pre- and post-judgment interest and reasonable attorney’s fees incurred by the plaintiff.
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2:22-CV-06019
08/24/2022
Pending - Other Pending
Intellectual Property - Patent
George H. Wu
Patricia Donahue
Playvuu, Inc.
SNAP, INC.
David J Tsai
Attorney at Pillsbury Winthrop Shaw Pittman LLP
Four Embarcadero Center 22Nd Floor
San Francisco, CA 94111-5998
Alekzandir Morton
Attorney at Pillsbury Winthrop Shaw Pittman LLP
4 Embarcadero Center 22Nd Floor
San Francisco, CA 94111
Brock S Weber
Attorney at Pillsbury Winthrop Shaw Pittman LLP
4 Embarcadero Center 22Nd Floor
San Francisco, CA 94111-5998
Christopher Kao
Attorney at Pillsbury Winthrop Shaw Pittman LLP
4 Embarcadero Center 22Nd Floor
San Francisco, CA 94111
John Joseph Steger
Attorney at Pillsbury Wintrhop Shaw Pittman LLP
4 Embarcadero Center 22Nd Floor
San Francisco, CA 94111
Michael S Horikawa
Attorney at Pillsbury Winthrop Shaw Pittman LLP
725 South Figueroa Street 36Th Floor
Los Angeles, CA 90017
Daniel N Yannuzzi
Attorney at Sheppard Mullin Richter and Hampton LLP
12275 El Camino Real Suite 100
San Diego, CA 92130
Eric Kyle Gill
Attorney at Sheppard Mullin Richter and Hampton LLP
12275 El Camino Real Suite 200
San Diego, CA 92130
Scott R. Miller
Attorney at Sheppard Mullin Richter and Hampton LLP
333 South Hope Street 43Rd Floor
Los Angeles, CA 90071
(#20) Notice of Appearance or Withdrawal of Counsel: for attorney Eric Kyle Gill counsel for Defendant Snap, Inc.. Adding Eric K. Gill as counsel of record for Snap Inc. for the reason indicated in the G-123 Notice. Filed by Defendant Snap Inc.. (Attorney Eric Kyle Gill added to party Snap, Inc.(pty:dft))(Gill, Eric) (Entered: 10/20/2022)
(#19) Notice of Appearance or Withdrawal of Counsel: for attorney Daniel N Yannuzzi counsel for Defendant Snap, Inc.. Adding Daniel N. Yannuzzi as counsel of record for Snap Inc. for the reason indicated in the G-123 Notice. Filed by Defendant Snap Inc.. (Attorney Daniel N Yannuzzi added to party Snap, Inc.(pty:dft))(Yannuzzi, Daniel) (Entered: 10/20/2022)
Proposed Order
Exhibit 8
Exhibit 7
Exhibit 5
Exhibit 3
Exhibit 2
Exhibit 1
(#8) NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (lh) (Entered: 08/25/2022)
(#7) NOTICE OF ASSIGNMENT to District Judge John F. Walter and Magistrate Judge Patricia Donahue. (lh) (Entered: 08/25/2022)
(#6) NOTICE of Interested Parties filed by Plaintiff Playvuu, Inc., (Tsai, David) (Entered: 08/24/2022)
(#5) REPORT ON THE FILING OF AN ACTION Regarding a Patent or a Trademark (Initial Notification) filed by Playvuu, Inc.. (Tsai, David) (Entered: 08/24/2022)
(#4) CIVIL COVER SHEET filed by Plaintiff Playvuu, Inc.. (Tsai, David) (Entered: 08/24/2022)
Exhibit B
Main Document
(#10) NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Summons Request #2 . The following error(s) was found: The caption of the summons must match the caption of the complaint verbatim. If the caption is too large to fit in the space provided, enter the name of the first party and then write see attached.Next, attach a face page of the complaint or a second page addendum to the Summons. The date and signature line must be left blank. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (lh) (Entered: 08/25/2022)
(#11) Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Playvuu, Inc.. (Tsai, David) (Entered: 08/25/2022)
Docket(#20) Notice of Appearance or Withdrawal of Counsel: for attorney Eric Kyle Gill counsel for Defendant Snap, Inc.. Adding Eric K. Gill as counsel of record for Snap Inc. for the reason indicated in the G-123 Notice. Filed by Defendant Snap Inc.. (Attorney Eric Kyle Gill added to party Snap, Inc.(pty:dft))(Gill, Eric) (Entered: 10/20/2022)
[-] Read LessDocket(#19) Notice of Appearance or Withdrawal of Counsel: for attorney Daniel N Yannuzzi counsel for Defendant Snap, Inc.. Adding Daniel N. Yannuzzi as counsel of record for Snap Inc. for the reason indicated in the G-123 Notice. Filed by Defendant Snap Inc.. (Attorney Daniel N Yannuzzi added to party Snap, Inc.(pty:dft))(Yannuzzi, Daniel) (Entered: 10/20/2022)
[-] Read LessDocket(#18) NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendant Snap, Inc.. Motion set for hearing on 11/17/2022 at 08:30 AM before Judge George H. Wu. (Attachments: #1 Memorandum of Points and Authorities in Support, #2 Declaration of Eric K. Gill, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Proposed Order) (Miller, Scott) (Entered: 10/19/2022)
[-] Read LessDocket(#17) ORDER EXTENDING TIME TO RESPOND TO INITIAL COMPLAINT BY NOT MORE THAN 30 DAYS (L.R. 8-3) #16 by Judge George H. Wu. Having read and considered the parties Stipulation to Extend Time to Respond to Initial Complaint by Not More Than 30 Days (L.R. 8-3), and for good cause shown, IT IS HEREBY ORDERED that the time for Defendant Snap, Inc. to answer, move, or otherwise respond to the Complaint for Patent Infringement shall be extended by thirty (30) days, to and including October 19, 2022. (rolm) (Entered: 09/22/2022)
[-] Read LessDocket(#16) STIPULATION Extending Time to Answer the complaint as to Snap, Inc. answer now due 10/19/2022, filed by Defendant Snap, Inc.. (Attachments: #1 Proposed Order)(Attorney Scott R. Miller added to party Snap, Inc.(pty:dft))(Miller, Scott) (Entered: 09/14/2022)
[-] Read LessDocket(#15) PROOF OF SERVICE Executed by Plaintiff Playvuu, Inc., upon Defendant Snap, Inc. served on 8/29/2022, answer due 9/19/2022. Service of the Summons and Complaint were executed upon Koy Saechao, Agent for Service of Process in compliance with Federal Rules of Civil Procedure by personal service.Original Summons returned. (Tsai, David) (Entered: 09/06/2022)
[-] Read LessDocket(#14) STANDING ORDER RE FINAL PRE-TRIAL CONFERENCES FOR CIVIL JURY TRIALS by Judge George H. Wu. (lom) (Entered: 08/29/2022)
[-] Read LessDocket(#13) NOTICE AND ORDER REGARDING TRANSFER AND/OR REASSIGNMENT OF PATENT CASE by Judge John F. Walter. Case transferred from Judge John F. Walter to Judge George H. Wu for all further proceedings. Case number now reads 2:22-cv-06019 GW(PDx). (rn) (Entered: 08/26/2022)
[-] Read LessDocket(#12) 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant Snap, Inc. (iv) (Entered: 08/25/2022)
[-] Read LessDocket(#11) Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Playvuu, Inc.. (Tsai, David) (Entered: 08/25/2022)
[-] Read LessDocket(#10) NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Summons Request #2 . The following error(s) was found: The caption of the summons must match the caption of the complaint verbatim. If the caption is too large to fit in the space provided, enter the name of the first party and then write see attached.Next, attach a face page of the complaint or a second page addendum to the Summons. The date and signature line must be left blank. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (lh) (Entered: 08/25/2022)
[-] Read LessDocket(#9) Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (lh) (Entered: 08/25/2022)
[-] Read LessDocket(#8) NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (lh) (Entered: 08/25/2022)
[-] Read LessDocket(#7) NOTICE OF ASSIGNMENT to District Judge John F. Walter and Magistrate Judge Patricia Donahue. (lh) (Entered: 08/25/2022)
[-] Read LessDocket(#6) NOTICE of Interested Parties filed by Plaintiff Playvuu, Inc., (Tsai, David) (Entered: 08/24/2022)
[-] Read LessDocket(#5) REPORT ON THE FILING OF AN ACTION Regarding a Patent or a Trademark (Initial Notification) filed by Playvuu, Inc.. (Tsai, David) (Entered: 08/24/2022)
[-] Read LessDocket(#4) CIVIL COVER SHEET filed by Plaintiff Playvuu, Inc.. (Tsai, David) (Entered: 08/24/2022)
[-] Read LessDocket(#3) EXHIBIT Filed filed by Plaintiff Playvuu, Inc.. as to Complaint (Attorney Civil Case Opening) #1 . (Attachments: #1 Exhibit B)(Tsai, David) (Entered: 08/24/2022)
[-] Read LessDocket(#2) Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Playvuu, Inc.. (Tsai, David) (Entered: 08/24/2022)
[-] Read LessDocket(#1) COMPLAINT Receipt No: ACACDC-33871330 - Fee: $402, filed by Plaintiff Playvuu, Inc.. (Attorney David J Tsai added to party Playvuu, Inc.(pty:pla))(Tsai, David) (Entered: 08/24/2022)
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