Case 1:13-cv-00919-LPS Document 97 Filed 12/21/18 Page 1 of 16 PageID #: 1127
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`C.A. No. 13-919-LPS
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`JURY TRIAL DEMANDED
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`ARENDI S.A.R.L.,
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`v.
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`GOOGLE LLC,
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`Plaintiff,
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`Defendant.
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`AMENDED COMPLAINT
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`Plaintiff Arendi S.A.R.L. (“Arendi”) for its Complaint against Defendant hereby
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`demands a jury trial and alleges as follows:
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`Related Actions
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`1.
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`This case is related to two cases previously consolidated before Judge Stark, 09-
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`cv-00119 (D. Del.) (LPS) and 11-cv-00260 (D. Del.) (LPS), both of which settled after extensive
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`dispositive motion practice. This case is also related to the action filed by Arendi today against
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`Yahoo Inc!, and the actions filed on November 29, 2012 in this District by Arendi, No. 12-1595
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`(LPS), No. 12-1596 (LPS), No. 12-1597 (LPS), No. 12-1598 (LPS), No. 12-1599 (LPS), No. 12-
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`1600 (LPS), No. 12-1601 (LPS), No. 12-1602 (LPS), which involve the same patents-in-suit and
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`common facts..
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`The Parties and Accused Products
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`2.
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`Plaintiff Arendi is a corporation organized under the laws of Luxembourg with its
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`principal place of business in Luxembourg.
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`3.
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`On information and belief, Defendant Google LLC (“Google”) is a Delaware
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`corporation with a principal place of business at 1600 Amphitheatre Parkway, Mountain View,
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`

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`Case 1:13-cv-00919-LPS Document 97 Filed 12/21/18 Page 2 of 16 PageID #: 1128
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`California 94043. Google has appointed The Corporation Trust Company, Corporation Trust
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`Center, 1209 Orange Street, Wilmington, Delaware 19801, as its agent for service of process.
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`4.
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`Google transacts substantial business, either directly or through its agents, on an
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`ongoing basis in this judicial district and elsewhere in the United States.
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`5.
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`Google makes, uses, imports, offers to sell, and sells (and/or has made, used,
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`imported, offered to sell, and sold) in the United States and in this judicial district, Gmail,
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`Google Documents/Docs, Google Sheets, Google Slides, Google Chrome, Google Translate,
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`Google Calendar, Google Hangout, the Google App, Nexus, Pixel, Chromebook Pixel,
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`Pixelbook, and other products and devices containing the same or similar information handling
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`technology disclosed in the asserted patents described herein (collectively, the “Accused
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`Products”).
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`Nature of the Action
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`6.
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`This is a civil action for infringement of United States Patents No. 7,917,843 (the
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`“‘843 Patent”), No. 7,496,854 (the “‘854 Patent”), No. 7,921,356 (the “‘356 Patent”), and No.
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`8,306,993 (the “‘993 Patent”). This action arises under the Patent Laws of the United States, 35
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`U.S.C. § 1 et seq.
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`Jurisdiction and Venue
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`7.
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`This Court has jurisdiction over the subject matter of this action pursuant to 28
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`U.S.C. §§ 1331 and 1338(a).
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`8.
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`Personal jurisdiction is proper in this district because, among other reasons,
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`Google has a continuous presence in this District, Google committed acts of infringement in this
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`District and a substantial part of the events or omissions giving rise to this claim occurred in this
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`District. Google placed, and continues to place, Accused Products into the stream of commerce,
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`2
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`Case 1:13-cv-00919-LPS Document 97 Filed 12/21/18 Page 3 of 16 PageID #: 1129
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`through an established distribution channel, with the knowledge and/or understanding that such
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`products are used and sold in this District. This causes injury to Arendi in this District. On
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`information and belief, Defendant derives substantial revenue from the sale of Accused Products
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`distributed within the District, and derives substantial revenue from interstate and international
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`commerce.
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`9.
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`Venue is proper in this district pursuant to 28 U.S.C. §§ 1391(b) and (c), and
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`1400(b), because Google resides in this District, and has committed acts of infringement in this
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`district and, upon information and belief, has a regular and established place of business in this
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`District.
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`The Patents-In-Suit
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`10.
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`United States Patent No. 7,917,843, entitled “Method, System and Computer
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`Readable Medium for Addressing Handling from a Computer Program,” was duly and legally
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`issued on March 29, 2011, by the United States Patent and Trademark Office. A copy of the ‘843
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`Patent is attached hereto as Exhibit A.
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`11.
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`United States Patent No. 7,496,854, entitled “Method, System and Computer
`
`Readable Medium for Addressing Handling from a Computer Program,” was duly and legally
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`issued on February 24, 2009, by the United States Patent and Trademark Office. A copy of the
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`‘854 Patent is attached hereto as Exhibit B.
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`12.
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`United States Patent No. 7,921,356, entitled “Method, System and Computer
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`Readable Medium for Addressing Handling from a Computer Program,” was duly and legally
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`issued on April 5, 2011, by the United States Patent and Trademark Office. A copy of the ‘356
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`Patent is attached hereto as Exhibit C.
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`3
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`

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`Case 1:13-cv-00919-LPS Document 97 Filed 12/21/18 Page 4 of 16 PageID #: 1130
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`13.
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`United States Patent No. 8,306,993, entitled “Method, System and Computer
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`Readable Medium for Addressing Handling from an Operating System,” was duly and legally
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`issued on November 6, 2012, by the United States Patent and Trademark Office. A copy of the
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`‘993 Patent is attached hereto as Exhibit D.
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`14.
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`Arendi is the exclusive owner of all rights, title, and interest in the ‘843 Patent,
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`‘854 Patent, ‘356 Patent and ‘993 Patent, including the right to bring this suit for injunctive relief
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`and damages.
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`15.
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`The ‘843 Patent, ‘854 Patent, ‘356 Patent and ‘993 Patent are valid and
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`enforceable.
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`BACKGROUND
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`16.
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`Arendi filed suit in this District against Microsoft Corporation and Dell Inc. for
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`infringement of the ‘854 Patent on February 24, 2009. 09-cv-00119 (D. Del.) (LPS). The case
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`was assigned to the Honorable Leonard P. Stark, who held two Markman Hearings, on February
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`25, 2011 and November 21, 2011, and denied several summary judgment motions. The case was
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`resolved by settlement and dismissed on November 29, 2011.
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`17.
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`Arendi filed suit in this District against Microsoft Corporation for infringement of
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`the ‘843 Patent on March 29, 2011. 11-cv-00260 (D. Del.) (LPS). The case was assigned to the
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`Honorable Leonard P. Stark, who consolidated the 11-cv-260 case with the above-referenced
`
`case on May 10, 2011. After Judge Stark held a Markman Hearing on November 21, 2011, this
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`case was also resolved by settlement and dismissed on November 29, 2011.
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`COUNT I
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`(Infringement of United States Patent No. 7,917,843)
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`18.
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`The preceding paragraphs are incorporated by reference as if stated fully herein.
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`4
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`Case 1:13-cv-00919-LPS Document 97 Filed 12/21/18 Page 5 of 16 PageID #: 1131
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`19.
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`Google has infringed and continues to infringe the ‘843 patent under 35 U.S.C. §
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`271, including but not limited to claims 1, 20, 23, and 42, literally or under the doctrine of
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`equivalents, by making, using, selling, and/or offering for sale in the United States, and/or
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`importing into the United States, Accused Products, without authorization. On information and
`
`belief, Google has also infringed and continues to infringe at least claims 2, 3, 4, 5, 6, 7, 8, 10,
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`12, 14, 13, 16, 17, 18, 19, 21, 22, 24, 25, 26, 27, 28, 29, 30, 32, 33, 34, 35, 39, 40, 41, 43, and 44
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`of the ‘843 patent under 35 U.S.C. § 271, literally or under the doctrine of equivalents, by
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`making, using, selling, and/or offering for sale in the United States, and/or importing into the
`
`United States, Accused Products, without authorization.
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`20.
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`Google’s acts of infringement have caused damage to Arendi and Arendi is
`
`entitled to recover from Google the damages it has sustained as a result of Defendant’s wrongful
`
`acts in an amount subject to proof at trial. Google’s infringement of Arendi’s exclusive rights
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`under the ‘843 patent have damaged, and continue to damage, Arendi, causing irreparable harm
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`for which there is no adequate remedy at law, unless the infringement is enjoined by this Court.
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`21.
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`In addition to the foregoing and/or in the alternative, third parties, including
`
`Google’s customers, have infringed, and continue to infringe, one or more claims of the ‘843
`
`patent under 35 U.S.C. § 271 by making, using, selling, and/or offering for sale in the United
`
`States, and/or importing into the United States, Accused Products.
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`22.
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`Google has had knowledge of and notice of the ‘843 patent and its infringement at
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`least since the filing of this complaint.
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`23.
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`To the extent Google continues to sell or otherwise supply Accused Products after
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`the filing of this complaint, Google is inducing infringement of one or more claims of the ‘843
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`patent under 35 U.S.C. § 271(b), including on information and belief at least the claims set forth
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`5
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`

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`Case 1:13-cv-00919-LPS Document 97 Filed 12/21/18 Page 6 of 16 PageID #: 1132
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`above. Google is actively, knowingly, and intentionally inducing infringement of the ‘843 patent
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`by practicing the methods set forth therein and by selling, offering to sell and/or importing into
`
`the United States the Accused Products after the filing of this complaint; with the knowledge and
`
`specific intent that third parties, including its customers, will continue to – either alone or in
`
`combination with Google – practice the patented methods, and use, sell, offer for sale, and/or
`
`import the Accused Products supplied by Google to infringe the ‘843 patent; and with the
`
`knowledge and specific intent to encourage and facilitate the infringement through the
`
`dissemination of the Accused Products and/or the creation and dissemination of promotional and
`
`marketing materials, supporting materials, instructions, product manuals, and/or technical
`
`information relating to the Accused Products and infringing uses thereof.
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`24.
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`Google’s acts of induced infringement have caused damage to Arendi and Arendi
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`is entitled to recover from Google the damages it has sustained as a result of Defendant’s
`
`wrongful acts in an amount subject to proof at trial. Google’s induced infringement of Arendi’s
`
`exclusive rights under the ‘843 patent have damaged, and continue to damage, Arendi, causing
`
`irreparable harm for which there is no adequate remedy at law, unless the infringement is
`
`enjoined by this Court.
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`25.
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`In addition to the foregoing and/or in the alternative, at least since the filing of
`
`this complaint, Google has knowingly contributed to the infringement of one or more claims of
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`the ‘843 patent under 35 U.S.C. § 271(c).
`
`26.
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`To the extent Google continues to sell or otherwise supply Accused Products after the
`
`filing of this complaint, Google is contributing to the infringement of one or more claims of the
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`‘843 patent by third parties, under 35 U.S.C. § 271(c), including on information and belief at
`
`least the claims set forth above. Google is actively, knowingly, and intentionally contributing to
`
`the infringement of the ‘843 patent by selling, offering to sell and/or importing into the United
`
`6
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`Case 1:13-cv-00919-LPS Document 97 Filed 12/21/18 Page 7 of 16 PageID #: 1133
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`States Accused Products after the filing of this complaint; with the knowledge that the Accused
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`Products are especially designed or adapted to operate in a manner that infringes the ‘843 Patent;
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`with the knowledge that third parties, including its customers, will continue to – either alone or in
`
`combination with Google – practice the patented methods; and with the knowledge that the
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`infringing information handling technology in the Accused Products is not a staple article of
`
`commerce suitable for substantial noninfringing use.
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`27.
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`Google’s acts of contributory infringement have caused damage to Arendi and
`
`Arendi is entitled to recover from Google the damages it has sustained as a result of Defendant’s
`
`wrongful acts in an amount subject to proof at trial. Google’s contributory infringement of
`
`Arendi’s exclusive rights under the ‘843 patent have damaged, and continue to damage, Arendi,
`
`causing irreparable harm for which there is no adequate remedy at law, unless the infringement is
`
`enjoined by this Court.
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`COUNT II
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`(Infringement of United States Patent No. 7,496,854)
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`28.
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`29.
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`The preceding paragraphs are incorporated by reference as if stated fully herein.
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`Google has infringed and continues to infringe the ‘854 Patent under 35 U.S.C. §
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`271, including but not limited to claims 13, 31, 50, 79, 93, 98, and 101, literally or under the
`
`doctrine of equivalents, by making, using, selling, and/or offering for sale in the United States,
`
`and/or importing into the United States, Accused Products, without authorization. On
`
`information and belief, Google has also infringed and continues to infringe at least claims 14, 15,
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`16, 18, 32, 51, 52, 53, 54, and 56 of the ‘854 patent under 35 U.S.C. § 271, literally or under the
`
`doctrine of equivalents, by making, using, selling, and/or offering for sale in the United States,
`
`and/or importing into the United States, Accused Products, without authorization.
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`7
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`Case 1:13-cv-00919-LPS Document 97 Filed 12/21/18 Page 8 of 16 PageID #: 1134
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`30.
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`Google’s acts of infringement have caused damage to Arendi and Arendi is
`
`entitled to recover from Google the damages it has sustained as a result of Defendant’s wrongful
`
`acts in an amount subject to proof at trial. Google’s infringement of Arendi’s exclusive rights
`
`under the ‘854 patent have damaged, and continue to damage, Arendi, causing irreparable harm
`
`for which there is no adequate remedy at law, unless the infringement is enjoined by this Court.
`
`31.
`
`In addition to the foregoing and/or in the alternative, third parties, including
`
`Google’s customers, have infringed, and continue to infringe, one or more claims of the ‘854
`
`patent under 35 U.S.C. § 271 by making, using, selling, and/or offering for sale in the United
`
`States, and/or importing into the United States, Accused Products.
`
`32.
`
`Google has had knowledge of and notice of the ‘854 patent and its infringement at
`
`least since the filing of this complaint.
`
`33.
`
`To the extent Google continues to sell or otherwise supply Accused Products after
`
`the filing of this complaint, Google is inducing infringement of one or more claims of the ‘854
`
`patent under 35 U.S.C. § 271, including on information and belief at least the claims set forth
`
`above. Google is actively, knowingly, and intentionally inducing infringement of the ‘854 patent
`
`by practicing the methods set forth therein and by selling, offering to sell and/or importing into
`
`the United States Accused Products after the filing of this complaint; with the knowledge and
`
`specific intent that third parties, including its customers, will continue to – either alone or in
`
`combination with Google – practice the patented methods, and use, sell, offer for sale, and/or
`
`import the Accused Products supplied by Google to infringe the ‘854 patent; and with the
`
`knowledge and specific intent to encourage and facilitate the infringement through the
`
`dissemination of the Accused Products and/or the creation and dissemination of promotional and
`
`8
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`

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`Case 1:13-cv-00919-LPS Document 97 Filed 12/21/18 Page 9 of 16 PageID #: 1135
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`marketing materials, supporting materials, instructions, product manuals, and/or technical
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`information relating to the Accused Products and infringing uses thereof.
`
`34.
`
`Google’s acts of infringement have caused damage to Arendi and Arendi is
`
`entitled to recover from Google the damages it has sustained as a result of Defendant’s wrongful
`
`acts in an amount subject to proof at trial. Google’s infringement of Arendi’s exclusive rights
`
`under the ‘854 patent have damaged, and continue to damage, Arendi, causing irreparable harm
`
`for which there is no adequate remedy at law, unless the infringement is enjoined by this Court.
`
`35.
`
`In addition to the foregoing and/or in the alternative, at least since the filing of
`
`this complaint, Google has knowingly contributed to the infringement of one or more claims of
`
`the ‘854 patent under 35 U.S.C. § 271(c).
`
`36.
`
`To the extent Google continues to sell or otherwise supply Accused Products after the
`
`filing of this complaint, Google is contributing to the infringement of one or more claims of the
`
`‘854 patent by third parties, under 35 U.S.C. § 271(c), including on information and belief at
`
`least the claims set forth above. Google is actively, knowingly, and intentionally contributing to
`
`the infringement of the ‘854 patent by selling, offering to sell and/or importing into the United
`
`States Accused Products after the filing of this complaint; with the knowledge that the Accused
`
`Products are especially designed or adapted to operate in a manner that infringes the ‘854 Patent;
`
`with the knowledge that third parties, including its customers, will continue to – either alone or in
`
`combination with Google – practice the patented methods; and with the knowledge that the
`
`infringing information handling technology in the Accused Products is not a staple article of
`
`commerce suitable for substantial noninfringing use.
`
`37.
`
`Google’s acts of infringement have caused damage to Arendi and Arendi is
`
`entitled to recover from Google the damages it has sustained as a result of Defendant’s wrongful
`
`acts in an amount subject to proof at trial. Google’s infringement of Arendi’s exclusive rights
`
`9
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`Case 1:13-cv-00919-LPS Document 97 Filed 12/21/18 Page 10 of 16 PageID #: 1136
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`under the ‘854 patent have damaged, and continue to damage, Arendi, causing irreparable harm
`
`for which there is no adequate remedy at law, unless the infringement is enjoined by this Court
`
`COUNT III
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`(Infringement of United States Patent No. 7,921,356)
`
`38.
`
`39.
`
`The preceding paragraphs are incorporated by reference as if stated fully herein.
`
`Google has infringed and continues to infringe the ‘356 Patent under 35 U.S.C. §
`
`271, including but not limited to claim 2, literally or under the doctrine of equivalents, by
`
`making, using, selling, and/or offering for sale in the United States, and/or importing into the
`
`United States, Accused Products, without authorization. On information and belief, Google has
`
`also infringed and continues to infringe at least claims 11 and 19 of the ‘356 patent under 35
`
`U.S.C. § 271, literally or under the doctrine of equivalents, by making, using, selling, and/or
`
`offering for sale in the United States, and/or importing into the United States, Accused Products,
`
`without authorization.
`
`40.
`
`Google’s acts of infringement have caused damage to Arendi and Arendi is
`
`entitled to recover from Google the damages it has sustained as a result of Defendant’s wrongful
`
`acts in an amount subject to proof at trial. Google’s infringement of Arendi’s exclusive rights
`
`under the ‘356 patent have damaged, and continue to damage, Arendi, causing irreparable harm
`
`for which there is no adequate remedy at law, unless the infringement is enjoined by this Court.
`
`41.
`
`In addition to the foregoing and/or in the alternative, third parties, including
`
`Google’s customers, have infringed, and continue to infringe, one or more claims of the ‘356
`
`patent under 35 U.S.C. § 271 by making, using, selling, and/or offering for sale in the United
`
`States, and/or importing into the United States, Accused Products.
`
`10
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`Case 1:13-cv-00919-LPS Document 97 Filed 12/21/18 Page 11 of 16 PageID #: 1137
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`42.
`
`Google has had knowledge of and notice of the ‘356 patent and its infringement at
`
`least since the filing of this complaint.
`
`43.
`
`To the extent Google continues to sell or otherwise supply Accused Products after
`
`the filing of this complaint, Google is inducing infringement of one or more claims of the ‘356
`
`patent under 35 U.S.C. § 271, including on information and belief at least the claims set forth
`
`above. Google is actively, knowingly, and intentionally inducing infringement of the ‘356 patent
`
`by practicing the methods set forth therein and by selling, offering to sell and/or importing into
`
`the United States Accused Products after the filing of this complaint; with the knowledge and
`
`specific intent that third parties, including its customers, will continue to – either alone or in
`
`combination with Google – practice the patented methods, and use, sell, offer for sale, and/or
`
`import the Accused Products supplied by Google to infringe the ‘356 patent; and with the
`
`knowledge and specific intent to encourage and facilitate the infringement through the
`
`dissemination of the Accused Products and/or the creation and dissemination of promotional and
`
`marketing materials, supporting materials, instructions, product manuals, and/or technical
`
`information relating to the Accused Products and infringing uses thereof.
`
`44.
`
`Google’s acts of infringement have caused damage to Arendi and Arendi is
`
`entitled to recover from Google the damages it has sustained as a result of Defendant’s wrongful
`
`acts in an amount subject to proof at trial. Google’s infringement of Arendi’s exclusive rights
`
`under the ‘356 patent have damaged, and continue to damage, Arendi, causing irreparable harm
`
`for which there is no adequate remedy at law, unless the infringement is enjoined by this Court.
`
`45.
`
`In addition to the foregoing and/or in the alternative, at least since the filing of
`
`this complaint, Google has knowingly contributed to the infringement of one or more claims of
`
`the ‘356 patent under 35 U.S.C. § 271(c).
`
`11
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`Case 1:13-cv-00919-LPS Document 97 Filed 12/21/18 Page 12 of 16 PageID #: 1138
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`46.
`
`To the extent Google continues to sell or otherwise supply Accused Products after the
`
`filing of this complaint, Google is contributing to the infringement of one or more claims of the
`
`‘356 patent by third parties, under 35 U.S.C. § 271(c), including on information and belief at
`
`least the claims set forth above. Google is actively, knowingly, and intentionally contributing to
`
`the infringement of the ‘356 patent by selling, offering to sell and/or importing into the United
`
`States Accused Products after the filing of this complaint; with the knowledge that the Accused
`
`Products are especially designed or adapted to operate in a manner that infringes the ‘356 Patent;
`
`with the knowledge that third parties, including its customers, will continue to – either alone or in
`
`combination with Google – practice the patented methods; and with the knowledge that the
`
`infringing information handling technology in the Accused Products is not a staple article of
`
`commerce suitable for substantial noninfringing use.
`
`47.
`
`Google’s acts of infringement have caused damage to Arendi and Arendi is
`
`entitled to recover from Google the damages it has sustained as a result of Defendant’s wrongful
`
`acts in an amount subject to proof at trial. Google’s infringement of Arendi’s exclusive rights
`
`under the ‘356 patent have damaged, and continue to damage, Arendi, causing irreparable harm
`
`for which there is no adequate remedy at law, unless the infringement is enjoined by this Court.
`
`COUNT IV
`
`(Infringement of United States Patent No. 8,306,993)
`
`48.
`
`49.
`
`The preceding paragraphs are incorporated by reference as if stated fully herein.
`
`Google has infringed and continues to infringe the ‘993 Patent under 35 U.S.C. §
`
`271, including but not limited to claims 1, 9, 17 literally or under the doctrine of equivalents, by
`
`making, using, selling, and/or offering for sale in the United States, and/or importing into the
`
`United States, Accused Products, without authorization. On information and belief, Google has
`
`also infringed and continues to infringe at least claims 2, 4, 5, 6, 7, 8, 10, 12, 13, 14, 15, 16, 18,
`
`12
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`

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`Case 1:13-cv-00919-LPS Document 97 Filed 12/21/18 Page 13 of 16 PageID #: 1139
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`20, 21, 22, 23, and 24 the ‘993 patent under 35 U.S.C. § 271, literally or under the doctrine of
`
`equivalents, by making, using, selling, and/or offering for sale in the United States, and/or
`
`importing into the United States, Accused Products, without authorization.
`
`50.
`
`Google’s acts of infringement have caused damage to Arendi and Arendi is
`
`entitled to recover from Google the damages it has sustained as a result of Defendant’s wrongful
`
`acts in an amount subject to proof at trial. Google’s infringement of Arendi’s exclusive rights
`
`under the ‘993 patent have damaged, and continue to damage, Arendi, causing irreparable harm
`
`for which there is no adequate remedy at law, unless the infringement is enjoined by this Court.
`
`51.
`
`In addition to the foregoing and/or in the alternative, third parties, including
`
`Google’s customers, have infringed, and continue to infringe, one or more claims of the ‘993
`
`patent under 35 U.S.C. § 271 by making, using, selling, and/or offering for sale in the United
`
`States, and/or importing into the United States, Accused Products.
`
`52.
`
`Google has had knowledge of and notice of the ‘993 patent and its infringement at
`
`least since the filing of this complaint.
`
`53.
`
`To the extent Google continues to sell or otherwise supply Accused Products after
`
`the filing of this complaint, Google is inducing infringement of one or more claims of the ‘993
`
`patent under 35 U.S.C. § 271, including on information and belief at least the claims set forth
`
`above. Google is actively, knowingly, and intentionally inducing infringement of the ‘993 patent
`
`by practicing the methods set forth therein and by selling, offering to sell and/or importing into
`
`the United States Accused Products after the filing of this complaint; with the knowledge and
`
`specific intent that third parties, including its customers, will continue to – either alone or in
`
`combination with Google – practice the patented methods, and use, sell, offer for sale, and/or
`
`import the Accused Products supplied by Google to infringe the ‘993 patent; and with the
`
`13
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`

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`Case 1:13-cv-00919-LPS Document 97 Filed 12/21/18 Page 14 of 16 PageID #: 1140
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`knowledge and specific intent to encourage and facilitate the infringement through the
`
`dissemination of the Accused Products and/or the creation and dissemination of promotional and
`
`marketing materials, supporting materials, instructions, product manuals, and/or technical
`
`information relating to the Accused Products and infringing uses thereof.
`
`54.
`
`Google’s acts of infringement have caused damage to Arendi and Arendi is
`
`entitled to recover from Google the damages it has sustained as a result of Defendant’s wrongful
`
`acts in an amount subject to proof at trial. Google’s infringement of Arendi’s exclusive rights
`
`under the ‘993 patent have damaged, and continue to damage, Arendi, causing irreparable harm
`
`for which there is no adequate remedy at law, unless the infringement is enjoined by this Court.
`
`55.
`
`In addition to the foregoing and/or in the alternative, at least since the filing of
`
`this complaint, Google has knowingly contributed to the infringement of one or more claims of
`
`the ‘993 patent under 35 U.S.C. § 271(c).
`
`56.
`
`To the extent Google continues to sell or otherwise supply Accused Products after the
`
`filing of this complaint, Google is contributing to the infringement of one or more claims of the
`
`‘993 patent by third parties, under 35 U.S.C. § 271(c), including on information and belief at
`
`least the claims set forth above. Google is actively, knowingly, and intentionally contributing to
`
`the infringement of the ‘993 patent by selling, offering to sell and/or importing into the United
`
`States Accused Products after the filing of this complaint; with the knowledge that the Accused
`
`Products are especially designed or adapted to operate in a manner that infringes the ‘993 Patent;
`
`with the knowledge that third parties, including its customers, will continue to – either alone or in
`
`combination with Google – practice the patented methods; and with the knowledge that the
`
`infringing information handling technology in the Accused Products is not a staple article of
`
`commerce suitable for substantial noninfringing use.
`
`14
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`Case 1:13-cv-00919-LPS Document 97 Filed 12/21/18 Page 15 of 16 PageID #: 1141
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`
`57.
`
`Google’s acts of infringement have caused damage to Arendi and Arendi is
`
`entitled to recover from Google the damages it has sustained as a result of Defendant’s wrongful
`
`acts in an amount subject to proof at trial. Google’s infringement of Arendi’s exclusive rights
`
`under the ‘993 patent have damaged, and continue to damage, Arendi, causing irreparable harm
`
`for which there is no adequate remedy at law, unless the infringement is enjoined by this Court.
`
`Prayer for Relief
`
`WHEREFORE, Arendi prays for judgment as follows:
`
`A.
`
`B.
`
`Declaring that Google has infringed the ‘843, ‘854, ‘356, and ‘993 Patents;
`
`Awarding the damages arising out of Google’s infringement of the ‘843, ‘854,
`
`‘356, and ‘993 Patents, including enhanced damages pursuant to 35 U.S.C. § 284, to Arendi,
`
`together with prejudgment and post-judgment interest, in an amount according to proof and no
`
`less than a reasonable royalty;
`
`C.
`
`Permanently enjoining Google, its officers, agents, and employees, and those
`
`persons in active concert or participation with any of them, and its successors and assigns, from
`
`infringement, inducement of infringement, and contributory infringement of the ‘843, ‘854, ‘356,
`
`and ‘993 Patents, including but not limited to making, using, selling, and/or offering for sale
`
`within the United States, and/or importing in the United States, any devices, products, software,
`
`or methods that infringe the ‘843, ‘854, ‘356, and ‘993 Patents before the expiration of these
`
`patents;
`
`D.
`
`Awarding attorney’s fees to Arendi pursuant to 35 U.S.C. § 285 or as otherwise
`
`permitted by law;
`
`E.
`
`Awarding such other costs and further relief as the Court may deem just and
`
`proper.
`
`15
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`Case 1:13-cv-00919-LPS Document 97 Filed 12/21/18 Page 16 of 16 PageID #: 1142
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`
`JURY DEMAND
`
`Arendi hereby demands a trial by jury on all issues so triable.
`
`
`
`SMITH, KATZENSTEIN & JENKINS, LLP
`
`
`/s/ Eve H. Ormerod
`Neal C. Belgam (No. 2721)
`nbelgam@skjlaw.com
`Eve Ormerod (No. 5369)
`eormerod@skjlaw.com
`1000 West Street, Suite 1501
`Wilmington, DE 19801
`(302) 652-8400
`
`Attorneys for Plaintiff Arendi S.A.R.L.
`
`
`
`
`
`
`OF COUNSEL:
`
`
`SUSMAN GODFREY, L.L.P.
`
`
`
`
`
`
`
`
`
`
`Stephen D. Susman
`ssusman@susmangodfrey.com
`Seth D. Ard
`sard@susmangodfrey.com
`Max I. Straus
`mstraus@susmangodfrey.com
`1301 Avenue of the Americas,
`32nd Floor
`New York, NY 10019
`(212) 336-8330
`
`SUSMAN GODFREY, L.L.P.
`
`John P. Lahad
`jlahad@susmangodfrey.com
`1000 Louisiana Street, Suite 5100
`Houston, TX 77002
`212-651-9366
`
`Dated:
`
`December 21, 2018
`
`16
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`