ELECTRONICALLY FILED

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF KENTUCKY IHIGH.COM, INC. 325 West Main Street 3rd Floor Lexington, Kentucky 40507, Plaintiff, v. SPRT, LLC and Live Sports Video, LLC 6800 Townline Road Syracuse, New York, 13211 : : : : : : : : : : : : : : : : :

Civil Action No. __________________

DEMAND FOR JURY TRIAL

Defendants.

DECLARATORY JUDGMENT COMPLAINT For its Complaint against Defendants SPRT, LLC and Live Sports Video, LLC (collectively, SPRT), Plaintiff iHigh.com, Inc. (iHigh.com) states as follows: THE PARTIES 1. Plaintiff iHigh.com is foreign corporation having its principal place of business at

325 West Main Street, 3rd Floor, Lexington, Kentucky 40507. iHigh.com is in the business of providing audio and video content of various sporting, scholastic, musical, and professional events via its website www.ihigh.com and has been in business for nearly 13 years. 2. Defendants SPRT are New York limited liability companies having a principal

place of business at 6800 Townline Road, Syracuse, New York 13211. Based on information and belief, SPRT is in the business of providing an internet-based clearinghouse of minor sports events via the website www.livesportsvideo.com and has been in business for nearly 12 years. 1

JURISDICTION AND VENUE 3. This Complaint for declaratory relief arises under the Federal Declaratory

Judgments Act, 28 U.S.C. 2201 and 2202 and the patent laws of the United States of America, 35 U.S.C. 1, et seq. This Court has jurisdiction under 28 U.S.C. 1331 and 1338. 4. Venue as to these claims is proper in this Court under 28 U.S.C. 1391(b),

1391(c) and 1400(b). 5. SPRT is subject to personal jurisdiction by virtue of its significant contacts with

the State of Kentucky and this District. This includes the numerous telephone calls to Tim Campbell at iHigh.com, in Lexington, Kentucky, as well as its operation of the website www.livesportsvideo.com, which affects Kentucky and this District and via internet and website users that are located in Kentucky and this District. FACTS 6. This case involves U.S. Patent No. 7,340,765 (the 765 Patent). The 765

Patent is attached hereto as Exhibit A. SPRT is the owner by assignment of the 765 Patent. The 765 Patent purports to cover a system and method for archiving and viewing sports events via the internet. 7. iHigh.com owns and operates a state of the art website for providing audio and The iHigh.com website receives internet content from

video content to online viewers.

individuals and institutions, such as high schools and corporations, and provides the received content to viewers of the website.

8.

On or about October 21, 2011, Robert Feldmeier Sr., a Principal of SPRT

telephonically contacted Tim Campbell, a Principal of iHigh.com, asserting that iHigh.coms operations are in violation of the 765 Patent. Also on or about October 21, 2011, Mr. Feldmeier Sr. sent a letter to iHigh.com referencing the conversation and stating that a partnership between LiveSportsVideo.com and iHigh.com would be beneficial. A copy of this letter is attached as Exhibit B. On or about November 14, 2011, counsel for SPRT sent a letter to iHigh.com, asserting that iHigh.coms business infringes a process covered by the claims of the 765 Patent and demanding a response by December 1, 2011. This letter from SPRTs counsel threatened litigation against iHigh.com to collect damages from iHigh.com for operation of the iHigh.com website. A copy of this letter is attached as Exhibit C. Thereafter, the principals of SPRT and of iHigh.com spoke on several occasions concerning the November 14, 2011 letter, the 765 Patent and the iHigh.com website. Negotiations continued through January 2012, after which SPRT and iHigh.com were unable to reach an agreement. 9. The iHigh.com website and related business operations of iHigh.com do not

infringe any valid, enforceable claim of the 765 Patent. iHigh.com had been providing video and/or audio content of various sporting events via the internet at least one year prior to the earliest filing date of the 765 Patent. 10. A justiciable case or controversy now exists between the parties in that iHigh.com

contends that its iHigh.com website and operation thereof, including the providing of video and/or audio content of various events via its website www.ihigh.com, does not infringe any valid, enforceable claim of the 765 Patent, while SPRT contends that such does infringe one or more valid and enforceable claims of the 765 Patent.

COUNT I (Declaratory Judgment of Non-Infringement and/or Invalidity of the 765 Patent) 11. Plaintiff iHigh.com incorporates by reference Paragraphs 1 through 10 above as if

fully rewritten herein. 12. No valid and enforceable claim of the 765 Patent is infringed by the iHigh.com

website or by iHigh.coms operation thereof. 13. The 765 Patent is invalid for failure to comply with one or more of the provisions

of 35 U.S.C. 101, 102, 103 and/or 112. 14. The iHigh.com website and iHigh.coms operation thereof do not infringe any

valid, enforceable claim of the 765 Patent. 15. To resolve the legal and factual questions raised by SPRTs conduct, and to afford

relief from the uncertainty and controversy which SPRTs conduct has precipitated, iHigh.com is entitled to a Declaration that iHigh.coms website and iHigh.coms operation thereof do not infringe any valid, enforceable claim of the 765 Patent. WHEREFORE, Plaintiff iHigh.com, Inc. prays that this Court enter judgment: (A) Declaring that the iHigh.com website and iHigh.coms operation thereof do not

infringe any valid claim of U.S. Patent No. 7,340,765; (B) Declaring that the claims of U.S. Patent No. 7,340,765 are invalid;

(C) fees; and (D)

Finding that this is an exceptional case and awarding to Plaintiff its attorneys

Awarding to Plaintiff its costs and expenses in this action and such other relief as

the Court may deem just. Respectfully submitted,

/s/Anthony F. Bonner, Jr. Anthony F. Bonner, Jr. (94610) Grahmn N. Morgan DINSMORE & SHOHL LLP 250 West Main Street Lexington, Kentucky 40507 (859) 425-1000 Attorneys for Plaintiff iHigh.com, Inc.