UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`
`Plaintiff,
`
`SEVEN NETWORKS, LLC,
`
`
`
`v.
`
`GOOGLE INC.,
`
`
`
`Defendant.
`
`
`
`Civil Action No. 2:17-cv-442
`
`PATENT CASE
`
`JURY TRIAL DEMANDED
`
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`Plaintiff SEVEN Networks, LLC (“SEVEN”) files this Complaint for Patent
`
`Infringement of several United States patents as identified below (collectively, the “Patents-in-
`
`Suit”) and alleges as follows:
`
`PARTIES
`
`1.
`
`SEVEN is a company formed under the laws of Delaware with its principal place
`
`of business at 2660 East End Boulevard South, Marshall, Texas 75672.
`
`2.
`
`Google Inc. is a corporation formed under the laws of Delaware with its principle
`
`place of business at 1600 Amphitheatre Parkway, Mountain View, California 94043 and may be
`
`served through its agent Corporation Service Company, 211 East 7th Street, Suite 620, Austin,
`
`Texas 78701-3218.
`
`JURISDICTION AND VENUE
`
`3.
`
`SEVEN brings this civil action for patent infringement under the Patent Laws of
`
`the United States, 35 U.S.C. § 1 et. seq., including 35 U.S.C. §§ 271, 281-285. This Court has
`
`subject matter jurisdiction over this action under 28 U.S.C. §§ 1331 and 1338.
`
`4.
`
`Google transacts and conducts business in this District and the State of Texas, and
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`COMPLAINT FOR PATENT INFRINGEMENT
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`GOOGLE EXHIBIT 1041
`GOOGLE v. SEVEN NETWORKS
`IPR2018-01047
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`is subject to the personal jurisdiction of this Court. For example, Google maintains offices in
`
`Dallas and Austin. Additionally, Google promotes and sells its products, such as its Pixel
`
`smartphone, through its online store (https://store.google.com/) that is available and accessed by
`
`residents of this District and the State of Texas. Google had previously sold other products such
`
`as the Nexus smartphone through this website as well.
`
`5.
`
`SEVEN’s causes of action arise, at least in part, from Google’s business contacts
`
`and activities in this District and elsewhere within the State of Texas. Google has committed acts
`
`of infringement in this District and within Texas by making, using, selling, offering for sale, or
`
`importing into the United States products that infringe one or more claims of the Patents-in-Suit
`
`as set forth herein. Further, Google encourages others within this District to use, sell, offer to
`
`sell, or import certain mobile products that infringe one or more claims of the Patents-in-Suit.
`
`For example, Google advertises its mobile devices, such as its smart phones, through its websites:
`
`https://madeby.google.com/phone/?utm_source=ads-en-ha-na-sem;
`
`https://www.google.com/nexus/. Further, Google provides its customers with information
`
`regarding the various functionalities offered by its products and software, such as its various
`
`battery saving modes: https://support.google.com/pixelphone/answer/6187458,
`
`https://developer.android.com/training/monitoring-device-state/index.html.
`
`6.
`
`Google actively solicits customers within this District and the State of Texas and
`
`has sold many of its infringing mobile products to residents of Texas and this District.
`
`7.
`
`8.
`
`Venue is proper in this District under 28 U.S.C. §§ 1391 and 1400.
`
`THE PATENTS-IN-SUIT
`
`On December 13, 2011, the United States Patent and Trademark Office
`
`(“USPTO”) duly and legally issued U.S. Patent No. 8,078,158, titled “Provisioning Applications
`
`COMPLAINT FOR PATENT INFRINGEMENT
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`for a Mobile Device,” to inventor Ari Backholm (“the ’158 Patent”). A true and correct copy of
`
`the ’158 Patent is attached as Exhibit A to this Complaint.
`
`9.
`
`On August 19, 2014, the USPTO duly and legally issued U.S. Patent No.
`
`8,811,952, titled “Mobile Device Power Management in Data Synchronization Over a Mobile
`
`Network With or Without a Trigger Notification,” to inventors Trevor Fiatal et al. (“the ’952
`
`Patent”). A true and correct copy of the ’952 Patent is attached as Exhibit B to this Complaint.
`
`10.
`
`On January 26, 2016, the USPTO duly and legally issued U.S. Patent No.
`
`9,247,019, titled “Mobile Application Traffic Optimization,” to inventors Michael Luna et al.
`
`(“the ’019 Patent”). A true and correct copy of the ’019 Patent is attached as Exhibit C to this
`
`Complaint.
`
`11.
`
`On April 26, 2016, the USPTO duly and legally issued U.S. Patent No. 9,325,600,
`
`titled “Offloading Application Traffic to a Shared Communication Channel for Signal
`
`Optimization in a Wireless Network for Traffic Utilizing Proprietary and Non-Proprietary
`
`Protocols,” to inventors Rami Alisawi et al. (“the ’600 Patent”). A true and correct copy of the
`
`’600 Patent is attached as Exhibit D to this Complaint.
`
`12.
`
`On May 24, 2016, the USPTO duly and legally issued U.S. Patent No. 9,351,254,
`
`titled “Method for Power Saving in Mobile Devices by Optimizing Wakelocks,” to inventors Ari
`
`Backholm et al. (“the ’254 Patent”). A true and correct copy of the ’254 Patent is attached as
`
`Exhibit E to this Complaint.
`
`13.
`
`On July 5, 2016, the USPTO duly and legally issued U.S. Patent No. 9,386,433
`
`titled “System and Method for Providing a Network Service in a Distributed Fashion to a Mobile
`
`Device,” to inventor Trevor Fiatal (“the ’433 Patent”). A true and correct copy of the ’433
`
`Patent is attached as Exhibit F to this Complaint.
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`14.
`
`On September 13, 2016, the USPTO duly and legally issued U.S. Patent No.
`
`9,444,812, titled “Systems and Methods for Authenticating a Service,” to inventors Jay Sutaria
`
`et al. (“the ’812 Patent”). A true and correct copy of the ’812 Patent is attached as Exhibit G to
`
`this Complaint.
`
`15.
`
`On December 6, 2016, the USPTO duly and legally issued U.S. Patent No.
`
`9,516,127, titled “Intelligent Alarm Manipulator and Resource Tracker,” to inventors Abhay
`
`Nirantar et al. (“the ’127 Patent”). A true and correct copy of the ’127 Patent is attached as
`
`Exhibit H to this Complaint.
`
`16.
`
`On December 6, 2016, the USPTO duly and legally issued U.S. Patent No.
`
`9,516,129, titled “Mobile Application Traffic Optimization,” to inventors Michael Luna et al.
`
`(“the ’129 Patent”). A true and correct copy of the ’129 Patent is attached as Exhibit I to this
`
`Complaint.
`
`17.
`
`On January 24, 2017, the USPTO duly and legally issued U.S. Patent No.
`
`9,553,816, titled “Optimizing Mobile Network Traffic Coordination Across Multiple
`
`Applications Running on a Mobile Device,” to inventors Michael Luna et al. (“the ’816
`
`Patent”). A true and correct copy of the ’816 Patent is attached as Exhibit J to this Complaint.
`
`18.
`
`19.
`
`SEVEN owns the entire right and title to each of the Patents-in-Suit.
`
`BACKGROUND
`
`For nearly two decades, SEVEN has researched and developed innovative
`
`software solutions for mobile devices directed to enhancing the user experience. For example,
`
`SEVEN has developed software technologies to manage mobile traffic in order to conserve
`
`network and battery resources. Software applications on mobile devices frequently signal the
`
`network for a variety of reasons. Much of the signaling from these software applications is
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`unnecessary and simply consumes precious bandwidth and remaining battery power. This
`
`needless mobile traffic negatively impacts the user’s overall experience by creating service
`
`overloads and outages and draining the limited battery of the mobile device. SEVEN’s
`
`technologies are able to optimize mobile traffic to conserve both network and battery resources.
`
`Other technologies developed by SEVEN include systems to provide device-ready mobile
`
`applications and authentication mechanisms to protect user information.
`
`20.
`
`SEVEN has been recognized in the industry for its innovative technologies and
`
`products. For example, at the Mobile World Congress in 2011, the GSMA awarded SEVEN with
`
`its Global Mobile Award for Best Technology Breakthrough. Further, in 2013 SEVEN won the
`
`Mobile Merit Award for its outstanding innovations in the mobile industry and was identified as
`
`one of fifty mobile companies to watch by AlwaysOn. SEVEN was also awarded the Best Free
`
`Android App in 2013 by TechRadar. Additionally, and among other industry recognition,
`
`Telecoms.com identified SEVEN in its Best LTE Traffic Management Product Short List.
`
`21.
`
`Battery life for mobile devices is a major driver for consumer purchasing
`
`decisions. In a 2014 poll by Ubergizmo of 50,000 participants, battery life was rated as a
`
`smartphone’s most important feature. Google recognizes the importance of battery life in mobile
`
`devices and has incorporated software technologies for conserving battery life in its devices and
`
`operating systems. As described below, Google’s mobile devices and operating systems also
`
`implement software to manage mobile traffic to save battery power. These devices and systems
`
`infringe SEVEN’s innovative and patented technology.
`
`22.
`
`Additionally, Google has implemented other technologies that infringe SEVEN’s
`
`patents. For example, Google’s systems provide users with device-ready mobile applications,
`
`rather than require users to configure such applications to meet the specific requirements of their
`
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`respective devices. With the number of devices having different sizes, speed, and software,
`
`streamlining the process of providing the appropriate mobile applications to a particular device is
`
`important to enhancing user experience. Further, Google also provides 2-Step Verification
`
`mechanisms to protect a user’s personal information. As described below, Google infringes
`
`SEVEN’s patents which are directed to these enhancements to the user’s experience.
`
`COUNT 1
`
`(Infringement of U.S. Pat. No. 8,078,158)
`
`23.
`
`Google infringes at least claim 10 of the ’158 Patent under at least 35 U.S.C.
`
`§271(a). The Google practices every step of at least claim 10 in the United States.
`
`24.
`
`Claim 10 of the ’158 Patent is directed to a method for provisioning an application
`
`for a mobile device comprising: (1) responsive to detecting selection of the application made at
`
`the mobile device, identifying, from the mobile device, user information and the mobile device
`
`information of the mobile device; (2) wherein, the user information and mobile device
`
`information concerning the mobile device are provided to a network server for use in determining
`
`requirements for operating the application on the mobile device; (3) wherein, the user
`
`information is stored in device memory or on a SIM card of the mobile device; (4) provisioning
`
`the application on the mobile device based on the requirements for operating the application; and
`
`(5) wherein, the requirements for operating the application, specifies components to be installed
`
`to provision the application on the mobile device.
`
`25.
`
`Google, through its Google Play Store, practices each step of at least claim 10 of
`
`the ’158 Patent. Google Play is a service that allows users to download mobile applications to
`
`their mobile devices. After registering an account, Google Play identifies certain user
`
`authentication information and the mobile device’s identification number when a user selects an
`
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`application for downloading. For example, the user’s login information and mobile device
`
`information is stored in the mobile device’s memory and provided to Google Play during
`
`communications with the store. Google Play utilizes the user and device information to
`
`determine requirements for operating the software application on the user’s mobile device.
`
`From the user and device information, Google Play is able to determine certain specifications of
`
`the mobile device, such as screen size or the version of operating system used by the mobile
`
`device, among other user and device characteristics that may impact the operation of the
`
`application on the mobile device. For example, Google Play applies “Filters” to determine only
`
`those applications that are compatible with the mobile device. Google Play uses the requirements
`
`for operating the software application to identify the appropriate software components for the
`
`mobile devices to be installed to provision the application. Google Play provisions the application
`
`on the mobile device based on the determined requirements.
`
`26.
`
`Google has had notice of the ’158 Patent and its infringement since at least as early
`
`as the filing of this lawsuit. Despite having knowledge of its infringement, Google continues to
`
`intentionally and willfully infringe at least claim 10 of the ’158 patent.
`
`COUNT 2
`
`(Infringement of U.S. Pat. No. 8,811,952)
`
`27.
`
`Google infringes at least claim 26 of the ’952 Patent under 35 U.S.C. §271(a), (b),
`
`and (c). Google makes, uses, sells, offers to sell, or imports into the United States products, such
`
`as the Pixel, that meet every limitation of at least claim 26.
`
`28.
`
`Claim 26 of the ’952 Patent is directed to a mobile device with a processor
`
`configured to: (1) exchange transactions with a client operating in a network through a
`
`connection provided through a server coupled to the client; (2) automatically send
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`synchronization requests from the mobile device to the network on a periodic basis, wherein the
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`periodicity of the synchronization requests occur at a frequency determined according to the
`
`remaining battery power on the mobile device; and (3) exchange synchronization
`
`communications with the client over the connection after sending each synchronization request.
`
`29.
`
`Google’s products infringe at least claim 26 of the ’952 Patent. For example, the
`
`Pixel includes a Qualcomm Snapdragon processor and can operate in a variety of networks such
`
`as 3G, LTE, and WiFi. The Pixel also includes a touch screen user interface. Further, the Pixel
`
`includes internal memory for storing the device’s operating system and other software
`
`applications. The Pixel utilizes the Android software operating system, such as Android 7.1 (also
`
`known as Nougat). The Pixel also includes a number of mobile applications that communicate
`
`with the applications’ respective servers through the various networks to exchange
`
`communications between the mobile application and the application server. One example is the
`
`Gmail application. The mobile device, through its communications interface including the
`
`devices network antenna, exchanges communications between the Gmail application and the
`
`email servers using mobile or WiFi networks. To keep its information up-to-date and fresh, the
`
`Gmail application synchronizes with its respective email servers periodically, such as every 5, 10,
`
`15, 30, or 60 minutes. In synchronizing, the Gmail application will request that the Pixel
`
`communicate—through the communications interface and network—a synchronization message
`
`to the email server. The email server will respond to the synchronization message from the
`
`Gmail application and return information back to the Pixel to be routed to the Gmail application.
`
`But through one or more of the devices’ power saving modes, when the remaining battery power
`
`on the Pixel falls below some threshold amount, such as 15% or 5% remaining battery power,
`
`Gmail will stop synchronizing periodically.
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`30.
`
`Other Google products, including at least the Google Nexus 5X or 6P (referred to
`
`herein as “Nexus”) and the Pixel C, similarly infringe one or more claims of the ’952 Patent.
`
`31.
`
`Google also induces infringement by end users of its mobile devices of at least
`
`claim 26 of the ’952 Patent. Google promotes and advertises the use of its mobile products, such
`
`as the Pixel, and especially the products’ capability to preserve remaining battery and avoid
`
`battery drain from background applications. Examples of Google’s promotional materials appear
`
`on the company’s website, such as https://support.google.com/nexus/answer/6187458?hl=en,
`
`and https://support.google.com/pixelphone/answer/6187458?hl=en. Further, Google actively
`
`encourages other mobile device providers such as Samsung to incorporate the infringing battery
`
`saving functionality in Samsung’s mobile devices that Samsung makes, uses, sells, or offers for
`
`sale within the United States, or imports into the United States.
`
`32.
`
`Google contributes to the infringement by others of at least claim 26 of the ’952
`
`Patent by offering to sell or selling within the United States its Android operating system. For
`
`example, in exchange for consideration, Google provides its Android operating system to
`
`companies, such as Samsung, that use the operating system on mobile products. The Android
`
`operating system includes the infringing power saving functionality to reduce battery drain from
`
`background applications. Google advertises these features on the company’s website, such as:
`
`https://www.android.com/versions/lollipop-5-0/,
`
`https://www.android.com/versions/marshmallow-6-0/, and
`
`https://www.android.com/versions/nougat-7-0/. Samsung, for example, includes the infringing
`
`functionality along with the Android operating systems on its mobile devices, such as the Galaxy
`
`S7, that are made, used, sold, or offered for sale within the United States, or imported into the
`
`United States. Similar to the Pixel, the Galaxy S7 manages traffic through the power saving
`
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`functionality of the Android operating system to conserve battery power and infringes at least
`
`claim 26 of the ’952 Patent. The power saving functionality in the Android operating system is
`
`designed to save power by managing mobile traffic and has no substantial noninfringing uses.
`
`33.
`
`Google has had notice of the ’952 Patent and its infringement since at least as
`
`early as the filing of this lawsuit. Accordingly, Google’s continued promotion, advertisement,
`
`and encouragement of its customers to utilize the products’ capability to preserve battery life and
`
`avoid battery drain from background applications is evidence of Google’s specific intent to
`
`indirectly infringe the ’952 Patent. Despite having knowledge of its infringement, Google
`
`continues to intentionally and willfully infringe at least claim 26 of the ’952 patent.
`
`COUNT 3
`
`(Infringement of U.S. Pat. No. 9,247,019)
`
`34.
`
`Google infringes at least claim 1 of the ’019 Patent under at least 35 U.S.C.
`
`§271(a), (b) and (c). Google makes, uses, sells, offers to sell, or imports into the United States
`
`products, such as the Pixel, that meet every limitation of at least claim 1.
`
`35.
`
`Claim 1 of the ’019 Patent is directed to a mobile device configured to: (1) delay
`
`content requests made by multiple applications; (2) align content request using observed activity
`
`of a user of the mobile device that includes a time since a last key press and mobile device
`
`properties; (3) poll in accordance with the aligned content requests to satisfy content requests of
`
`at least some of the multiple mobile applications; (4) monitor the time since a last key press, and,
`
`when the time exceeds a predetermined time period, locally adjust the mobile device by
`
`suppressing the aligned content requests at the mobile device for a first suppression period, and
`
`after expiration of the first suppression period, transmit any aligned content requests; and (5)
`
`suppress subsequent content request at the mobile device for a second suppression period, where
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`the second suppression period is longer than the first suppression period.
`
`36.
`
`In addition to the features described in previous paragraphs, Google’s products,
`
`such as its Pixel, are capable of delaying and aligning content requests from mobile applications
`
`based on observed user activity. The Pixel includes a Qualcomm Snapdragon processor and can
`
`operate in a variety of networks such as 3G, LTE, and WiFi. The Pixel also includes a touch
`
`screen user interface. Further, the Pixel includes internal memory for storing the device’s
`
`operating system and other software applications. The Pixel includes the Android 7.1 (also known
`
`as Nougat) operating system, and applications such as Gmail. The Pixel has multiple
`
`applications that send content requests. Additionally, the Pixel includes a Doze mode that
`
`reduces traffic from the mobile device when the device is not actively being used by its user,
`
`thereby reducing battery drain by mobile applications that are constantly signaling to their
`
`respective application servers. The Pixel is able to monitor the time since a button was last
`
`pressed, for example through the auto-off timer and last user activity time to determine when to
`
`turn the screen of the device off. Further, when the Pixel device detects that the screen is off and
`
`the device is unplugged for a certain amount of time, it enters Doze mode. Once in Doze mode,
`
`the Pixel is able to conserve battery resources by restricting the mobile applications’ access to the
`
`network, and defers the mobile applications’ requests until a maintenance window. As the
`
`requests from the mobile applications are deferred, the requests are also aligned such that when a
`
`maintenance window occurs the multiple mobile applications are allowed to communicate using
`
`the network. Following the maintenance window, the mobile applications’ are once again
`
`restricted from accessing the network. When the device is stationary for a certain amount of time
`
`the system applies the restrictions to network access for longer and longer periods between
`
`maintenance windows. The figure below illustrates the reduction in traffic from the Pixel
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`COMPLAINT FOR PATENT INFRINGEMENT
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`provided by Doze.
`
`
`
`37.
`
`Other Google products similarly infringe one or more claims of the ’019 Patent.
`
`Such other products include Google’s Nexus and Pixel C devices.
`
`38.
`
`Google also induces infringement by end users of its mobile devices of at least
`
`claim 1 of the ’019 Patent. Google promotes and advertises the use of its products, especially the
`
`products’ capability to preserve remaining battery and avoid battery drain from background
`
`applications. The Doze feature is enabled in Google’s devices by default. Examples of Google’s
`
`promotional materials appear on the company’s website, such as
`
`https://www.android.com/versions/marshmallow-6-0/,
`
`https://www.android.com/versions/nougat-7-0/, and
`
`https://madeby.google.com/phone/?utm_source=ads-en-ha-na-sem. Further, Google actively
`
`encourages other mobile device providers such as Samsung to incorporate the above-described
`
`infringing functionality in Samsung’s mobile devices that Samsung makes, uses, sells, or offers
`
`for sale within the United States, or imports into the United States.
`
`39.
`
`Additionally, Google contributes to the infringement by others of at least claim 1
`
`of the ’019 Patent by offering to sell or selling within the United States its Android operating
`
`system. For example, in exchange for consideration, Google provides its Android operating
`
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`system to companies such as Samsung that use the operating system on their products such as
`
`the Galaxy S7. The Android operating system includes infringing power saving functionalities
`
`such as Doze to avoid battery drain from background applications, especially when the device is
`
`not being actively used by the user. Google advertises these features on the company’s website,
`
`such as: https://www.android.com/versions/marshmallow-6-0/ and
`
`https://www.android.com/versions/nougat-7-0/. Samsung includes the above-described
`
`infringing functionality along with the Android operating systems on its mobile devices, such as
`
`the Galaxy S7, that are made, used, sold, or offered for sale within the United States, or imported
`
`into the United States. Similar to the Pixel, the Galaxy S7 utilizes Doze to manage mobile traffic
`
`from the device, thereby conserving battery power, and infringes at least claim 1 of the ’019
`
`Patent. The Doze functionality in the Android operating system is enabled by default, designed to
`
`conserve battery resources by managing mobile traffic, and has no substantial noninfringing uses.
`
`40. Google has had notice of the ’019 Patent and its infringement since at least as
`
`early as the filing of this lawsuit. Accordingly, Google’s continued promotion, advertisement, and
`
`encouragement of its customers to utilize the products’ capability to preserve battery life and
`
`avoid battery drain from background applications is evidence of Google’s specific intent to
`
`indirectly infringe the ’019 Patent. Despite having knowledge of its infringement, Google
`
`continues to intentionally and willfully infringe at least claim 1 of the ’019 patent.
`
`COUNT 4
`
`(Infringement of U.S. Pat. No. 9,325,600)
`
`41.
`
`Google infringes at least claim 7 of the ’600 Patent under at least 35 U.S.C.
`
`§271(a), (b) and (c). Google makes, uses, sells, offers to sell, or imports into the United States
`
`products, such as the Pixel, that meet every limitation of at least claim 7.
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`COMPLAINT FOR PATENT INFRINGEMENT
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`42.
`
`Claim 7 of the ’600 Patent is directed to memory and code to implement a
`
`processor controlled system for reducing network traffic, comprising: (1) blocking a first channel
`
`such that network signaling and battery consumption are reduced, wherein the first channel
`
`includes a non-common channel; (2) offloading application traffic of an application onto a second
`
`channel, wherein the second channel includes a common channel; (3) monitoring the application
`
`traffic of the application over the second channel; (4) unblocking the first channel based on the
`
`monitored application traffic over the second channel so that the application can perform an
`
`action; and (5) re-blocking the first channel after the action has been completed.
`
`43.
`
`In addition to features described in previous paragraphs, Google’s products, such
`
`as its Pixel, have memory and code to utilize common and non-common channels for application
`
`traffic and are capable of reducing network traffic by blocking the non-common channel to
`
`prevent applications from constantly communicating in the background using the non-common
`
`channels and draining battery resources. For example, mobile applications communicate with
`
`their respective servers by establishing application-specific connections to transmit information
`
`between the application on the mobile device and the application server in the network. Software
`
`applications on the mobile device are not able to utilize the application-specific connections
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`established by other applications. To conserve battery by reducing network traffic, the Pixel is
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`able to block the application-specific connections. For example, the Pixel includes the Doze
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`functionality that restricts a mobile application’s access to the network. But to avoid users
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`missing critical information, the Pixel allows applications to receive messages using a common
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`channel when the application-specific channels are blocked. For example, when in Doze, the
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`Pixel offloads application traffic onto the Google Cloud Messaging (“GCM”) channel or
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`Firebase Cloud Messaging channel (“FCM”), which is shared among all applications on the
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`Pixel. Through GCM/FCM high priority messages directed to the applications may be delivered
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`even when the application-specific channels are blocked. The Pixel monitors traffic over the
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`GCM/FCM channel such that when messages are received for particular applications, the
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`system unblocks the application-specific channels so that the application may respond to the
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`received message. After the application has performed the task associated with the received
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`message, the application-specific channel is once again blocked to conserve battery and reduce
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`network traffic.
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`44. Other Google products similarly infringe one or more claims of the ’600 Patent.
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`Such other products include Google’s Nexus and Pixel C devices.
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`45.
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`Google also induces infringement by end users of its mobile products of at least
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`claim 7 of the ’600 Patent. Google promotes and advertises the use of its products, especially the
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`products’ capability to preserve remaining battery power and avoid battery drain from
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`background applications. The Doze functionality is enabled on Google’s devices by default.
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`Examples of Google’s promotional materials appear on the company’s website, such as
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`https://www.android.com/versions/marshmallow-6-0/,
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`https://www.android.com/versions/nougat-7-0/, and
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`https://madeby.google.com/phone/?utm_source=ads-en-ha-na-sem. Further, Google actively
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`encourages other mobile device providers such as Samsung to incorporate the above-described
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`infringing functionality in Samsung’s mobile devices that Samsung makes, uses, sells, or offers
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`for sale within the United States, or imports into the United States.
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`46.
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`Google contributes to the infringement by others of at least claim 7 of the ’600
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`Patent by offering to sell or selling within the United States its Android operating system. For
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`example, in exchange for consideration, Google provides its Android operating system to
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`companies such as Samsung that use the operating system on their products such as the Galaxy
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`S7. The Android operating system includes power saving functionalities such as Doze to avoid
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`against battery drain from background applications, especially when the device is not being
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`actively used by the user. Google advertises these features on the company’s website, such as:
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`https://www.android.com/versions/marshmallow-6-0/ and
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`https://www.android.com/versions/nougat-7-0/. Samsung includes the above-described
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`infringing functionality along with Android operating systems on its mobile devices, such as the
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`Galaxy S7, that Samsung makes, uses, sells, or offers to sell within the United States, or imports
`
`into the United States. Similar to the Pixel, the Galaxy S7 utilizes Doze to manage mobile traffic
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`application specific channels but also is capable of offloading certain traffic to common channels
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`and infringes at least claim 7 of the ’600 Patent. The Doze functionality in the Android operating
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`system is enabled by default, is designed to manage mobile traffic and has no substantial
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`noninfringing uses.
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`47.
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`Google has had notice of the ’600 Patent and its infringement since at least as
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`early as the filing of this lawsuit. Accordingly, Google’s continued promotion, advertisement, and
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`encouragement of its customers to utilize the products’ capability to preserve battery life and
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`avoid battery drain from background applications is evidence of Google’s specific intent to
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`indirectly infringe at least claim 7 of the ’600 Patent. Despite having knowledge of its
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`infringement, Google continues to intentionally and willfully infringe at least claim 7 of the ’600
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`patent.
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`COUNT 5
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`(Infringement of U.S. Pat. No. 9,351,254)
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`48. Google infringes at least claim 1 of the ’254 Patent under at least 35 U.S.C.
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`§271(a), (b), and (c). Google makes, uses, sells, offers to sell, or imports into the United States
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`products, such as the Pixel, that meet every limitation of at least claim 1.
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`49.
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`Claim 1 of the ’254 Patent is directed to a mobile device comprising a screen,
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`memory, and processor configured to: (1) acquire a system wakelock in response to an application
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`wakelock acquisition request; (2) detect an activity state of the mobile device based on a status of
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`the display screen; (3) enter a power optimization state based on the detected activity state; (4)
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`release the system wakelock based upon entering the power optimization state when the
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`application that made the acquisition request is not critical to user experience, wherein the
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`application is non-critical when the application is not identified on a whitelist; and (