IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Civil Action No.

DAVID D. MINTER, ALBERT S. BALDOCCHI, Plaintiffs v. ADSWIZZ, INC., Defendant

COMPLAINT FOR PATENT INFRINGEMENT AND JURY DEMAND

Plaintiffs David D. Minter and Albert S. Baldocchi (collectively, Plaintiffs) file this Complaint for patent infringement against Adswizz, Inc. (Defendant) and, for their cause of action, state the following: PARTIES 1. Plaintiff David Minter is a citizen of Colorado who presently resides at 7172 S.

Robb Street, Littleton, Colorado 80127. 2. Plaintiff Albert Baldocchi is a citizen of Colorado who presently resides at 1601

High Street, Boulder, Colorado 80304. 3. On information and belief, Defendant Adswizz, Inc. is a California corporation

with headquarters in San Mateo, California. On information and belief, within the United States, Defendant has offices in Denver, Colorado. Defendant may be served with this Complaint

through its registered agent, C.T. Corporation System, 818 West 7th Street, Los Angeles, California 90017-3407. JURISDICTION AND VENUE 4. This is an action for violation of the patent laws of the United States, 35 U.S.C.

1 et seq. This Court has subject-matter jurisdiction pursuant to 28 U.S.C. 1331 and 1338 because this action arises under the patent laws of the United States. 5. Venue is proper in this District pursuant to 28 U.S.C. 1391 and 1400(b) in that

the Defendant has offices in this District, does business in this District, has committed acts of infringement in this District, and continues to commit acts of infringement in this District, entitling Plaintiffs to relief.

CLAIM FOR RELIEF: INFRINGEMENT OF U.S. PATENT NO. 6,577,716 6. On June 10, 2003, United States Letters Patent No. 6,577,716 (the 716 patent)

was duly and legally issued to Plaintiffs for an invention titled Internet Radio System with Selective Replacement Capacity. Plaintiffs currently own all substantial rights in the 716 patent, including the right to sue for infringement of the 716 patent, and to collect damages, including past damages, for infringement of the 716 patent. A true and correct copy of the 716 Patent is attached hereto as Exhibit A. 7. The 716 Patent relates to the distribution of broadcast radio content over the

Internet or other computer networks and, more specifically, to a method for replacing a portion of broadcast radio content that is to be distributed over the Internet. 8. Defendant is a provider of online audio and video advertising technology. Its 2

products include the Adswizz Audio Injector for Streamers (Adswizz AIS), which provides creators, distributors, and other developers of radio content with software which can be used to target and to insert personalized ads into their online streams. 9. Defendant has infringed and continues to infringe at least claims 1,2, 3, 10, and

13 of the 716 by its manufacture, use, sale, and/or offer for sale of the Adswizz AIS. Defendant also contributes to and induces others to manufacture, use, sell, import, and/or offer for sale products and services that infringe at least claims 1, 2, 3, 10, and 13 of the 716 Patent. Defendant is liable for its infringement of the 716 patent pursuant to 35 U.S.C. 271. 10. Defendant has violated and continues to violate 35 U.S.C. 271 (a), (b), and (c),

and (f). Specifically, Defendant has continued to make, use, sell, and offer to sell products that infringe at least claims 1, 2, 3, 10, and 13 of the 716 Patent. Defendant also continues to contribute to and induce infringement by others, without a license under the 716 Patent. 11. Plaintiffs. REQUEST FOR RELIEF A. Plaintiffs seek a declaration that Defendant has infringed and continues to Defendants acts of infringement have caused irreparable harm and damage to the

infringe at least claims 1,2, 3, 10, and 13 of United States Patent No. 6,577,716. B. Plaintiffs seek an award of damages arising out of Defendants infringement of

United States Patent No. 6,577,716, together with prejudgment and post-judgment interest, in an amount according to proof. C. Plaintiffs seek an award of its attorney fees, costs, and expenses pursuant to 35

U.S.C. 285 or as otherwise permitted by law. 3

D. proper.

Plaintiffs seek such other and further relief as the Court may deem just and

JURY DEMAND Plaintiffs demand a trial by jury on all issues so triable. Respectfully submitted this 2nd day of April, 2012.

s/ John Henry Schlie John Henry Schlie Law Office of John Henry Schlie, P.C. 7100 E. Bellview Avenue, Suite G11 Greeenwood Village, Colorado 80111 Telephone: (303) 830-1616 Facsimile: (303) 860-1297 Email: johnhenry@schlielawfirm.com

s/ Edward W. Goldstein Edward W. Goldstein GOLDSTEIN & LIPSKI, P.L.L.C. 1177 West Loop South, Suite 400 Houston, Texas 77027 Telephone: (713) 877-1515 Facsimile: (713) 877-1737 E-Mail: egoldstein@gliplaw.com

Plaintiffs Addresses: David Minter 7172 S. Robb Street Littleton, Colorado 80127 Albert Baldocchi 1601 High Street Boulder, Colorado 80304