SEVEN NETWORKS, LLC,
`
`
`
`v.
`
`GOOGLE INC.,
`
`
`
`Plaintiff,
`
`Defendant.
`
`UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`
`
`
`Civil Action No. 2:17-cv-442
`
`PATENT CASE
`
`Jury Trial Demanded
`
`
`First Amended Complaint
`
`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 principal
`
`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.
`
`3.
`
`Google is a self-described “information company” that is in the business of
`
`storing, organizing, and distributing data. Its stated mission is to “organize the world’s
`
`information and make it universally accessible and useful.” Its stated vision is “to provide access
`
`to the world’s information in one click.”
`
`
`
`JURISDICTION
`
`4.
`
`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, 281–85. This Court has
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`GOOGLE EXHIBIT 1052
`GOOGLE v. SEVEN NETWORKS
`IPR2018-01052
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`Page 1 of 41
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`

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`subject matter jurisdiction over this action under 28 U.S.C. §§ 1331 and 1338.
`
`5.
`
`Google transacts and conducts business in this District and the State of Texas, and
`
`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/), which is available to and
`
`accessed by residents of this District and the State of Texas. Google has also sold other products,
`
`such as the Nexus smartphone, through this website.
`
`6.
`
`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.
`
`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.
`
`7.
`
`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.
`
`8.
`
`Venue is proper under 28 U.S.C. § 1400(b) because Google has committed acts of
`
` VENUE
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`infringement in this District and has a regular and established place of business in this District.
`
`9.
`
`On information and belief, Google provides Software-as-a-Service applications,
`
`including email and server space, to universities in this District.
`
`10.
`
`On information and belief, Google is in a data-sharing partnership with the
`
`Genesis Group in Tyler, Texas, that provides a tool for optimizing response times for emergency
`
`responders in this District.
`
`11.
`
`On information and belief, Google does business in this District through software
`
`owned and controlled by Google that has been downloaded onto devices of residents of this
`
`District.
`
`12.
`
`On information and belief, Google does business in this District through Google
`
`Play stores that: (i) are located in the form of applications—which are owned and controlled by
`
`Google—on computers and mobile devices of residents of this District; and (ii) are served by
`
`servers located in this District that are owned and controlled by Google. On information and
`
`belief, residents of this District have purchased content from the Google Play stores on their
`
`computers and mobile devices, including, for example, software applications, video, and music.
`
`Under the Google Play Terms of Service, Google retains control over both the Google Play store
`
`applications and content purchased from the Google Play stores. Google, for example, has the
`
`right and ability to prevent a person from accessing the Google Store through his or her Google
`
`Play store application and to remove content purchased from the Google Store from purchasers’
`
`computers and mobile devices.
`
`13.
`
`On information and belief, Google tracks the location of individuals in this District
`
`using software owned and controlled by Google that is located on computers and mobile devices
`
`located in this District.
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`14.
`
`On information and belief, Google provides telephone services to individuals in
`
`this District through Google Voice and Google Hangouts, including through software owned and
`
`controlled by Google that is located on computers and mobile devices located in this District.
`
`15.
`
`On information and belief, Google provides on-demand video-rental services to
`
`residents of this District through its Google Play Movies and YouTube services, including
`
`through software owned and controlled by Google that is located on servers, computers, and
`
`mobile devices located in this District.
`
`16.
`
`On information and belief, Google provides services to businesses and schools in
`
`this District, including email services, word-processing software, electronic file-storage services,
`
`and video-conferencing services, including through software owned and controlled by Google
`
`that is located on computers and mobile devices located in this District.
`
`17.
`
`On information and belief, Google provides advertising services in this district,
`
`including through servers owned and controlled by Google that are located in this District, and
`
`including through software owned and controlled by Google that is located on computers and
`
`mobile devices located in this District.
`
`18.
`
`On information and belief, Google operates its Waze business in this District by
`
`monitoring and reporting traffic conditions in this District, including through software owned
`
`and controlled by Google that is located on computers and mobile devices located in this District.
`
`19.
`
`On information and belief, Google operates its Google Maps services in this
`
`District by monitoring and reporting traffic conditions in this District, including through software
`
`owned and controlled by Google that is located on computers and mobile devices located in this
`
`District.
`
`20. On information and belief, Google is operating its Project Fi cellular network in
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`this District through base stations located in this District as well as through software owned and
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`controlled by Google that is located on mobile devices located in this District.
`
`21.
`
`On information and belief, from January 2017 through December 2017, Google is
`
`collecting and will continue to collect images and data in this District for its Google Maps Street
`
`View business and services, including by having its automobiles and equipment present in this
`
`District to capture images and data for use by Google in conducting its business. Further, Google
`
`recruits local residents to review, edit, update, and add data and local photos for its Google Maps
`
`business.
`
`22. On information and belief, Google operates its Google Express business and
`
`services in this District by making deliveries of products from stores in this District, in vehicles
`
`stored and operated in this District, to residents of this District.
`
`23.
`
`On information and belief, Google does business in this District through software
`
`owned and controlled by Google that is present in Google Home devices located in the homes
`
`and offices of residents of this District.
`
`24. On information and belief, Google owns and controls servers, including servers
`
`located in this District, that provide Google services, including infringing services, to users,
`
`including users in this District.
`
`25.
`
`On information and belief, Google owns and controls software that is located in
`
`this District, including software in Google Home devices, Google Play software on mobile
`
`devices, and software in servers, that Google uses to conduct and transact business in this
`
`District with residents of this District.
`
`26.
`
`On information and belief, Google uses the hardware and software located in this
`
`District that it owns and controls to conduct and transact business in this District with residents
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`of this District.
`
`27.
`
`On information and belief, Google uses hardware and software it owns and
`
`controls in this District for content caching, video streaming, and reverse proxy.
`
`28. On information and belief, Google uses hardware and software it owns and
`
`controls in this District to provide data and advertising to residents of this District.
`
`29.
`
`On information and belief, Google interacts in a targeted way with existing and
`
`potential customers, consumers, users, and entities within this District, including but not limited
`
`to through localized customer support, ongoing contractual relationships with internet service
`
`providers, and targeted marketing efforts.
`
`30.
`
`On information and belief, Google has employees who live and conduct business
`
`for Google in this District.
`
`31.
`
`On information and belief, Google derives benefits, including but not limited to
`
`sales revenues, from its presence in this District as set forth in Paragraphs 9–30, above.
`
` THE PATENTS-IN-SUIT
`
`32.
`
`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 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 First Amended Complaint.
`
`33.
`
`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 First Amended
`
`Complaint.
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`34.
`
`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 First
`
`Amended Complaint.
`
`35.
`
`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 First Amended Complaint.
`
`36.
`
`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 First Amended Complaint.
`
`37.
`
`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 First Amended Complaint.
`
`38.
`
`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
`
`First Amended Complaint.
`
`39.
`
`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
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`Nirantar et al. (the ’127 Patent). A true and correct copy of the ’127 Patent is attached as Exhibit
`
`H to this First Amended Complaint.
`
`40. 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 First
`
`Amended Complaint.
`
`41.
`
`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 First Amended Complaint.
`
`42.
`
`43.
`
`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 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 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.
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`44.
`
`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.
`
`45.
`
`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.
`
`46.
`
`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
`
`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.
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` COUNT 1
`(INFRINGEMENT OF U.S. PAT. NO. 8,078,158)
`
`
`
`47.
`
`Google infringes at least claim 10 of the ’158 Patent under at least 35 U.S.C.
`
`§ 271(a). Google, for example, practices every step of at least claim 10 in the United States,
`
`including steps that it practices in this District.
`
`48.
`
`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.
`
`49.
`
`Google practices each step of at least claim 10 of the ’158 Patent through hardware
`
`and software that implement its Google Play Store, some of which is in this District. 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 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
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`Play is able to determine certain specifications of the mobile device, such as screen size or the
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`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, for
`
`example on a mobile device in this District, based on the determined requirements.
`
`50.
`
`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)
`
`
`
`51.
`
`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. At least some of that infringing
`
`activity takes place in this District.
`
`52.
`
`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
`
`synchronization requests from the mobile device to the network on a periodic basis, wherein the
`
`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.
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`53.
`
`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 touchscreen 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.
`
`54.
`
`Other Google products, including at least the Google Nexus 5X or 6P
`
`(collectively, Nexus) and the Pixel C, similarly infringe one or more claims of the ’952 Patent.
`
`55.
`
`Google also induces infringement by end users, including end users in this
`
`District, of its mobile devices of at least claim 26 of the ’952 Patent. Google promotes and
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`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.
`
`56.
`
`Google contributes to the infringement by others, including others in this District,
`
`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
`
`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.
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`57.
`
`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)
`
`
`
`58.
`
`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. At least some of that
`
`infringing activity takes place in this District.
`
`59.
`
`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
`
`the second suppression period is longer than the first suppression period.
`
`60.
`
`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
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`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
`
`touchscreen 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
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`as Nougat) operating system, and applications such as Gmail. The Pixel has multiple applications
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`that send content requests. Additionally, the Pixel includes a Doze mode that reduces traffic from
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`the mobile device when the device is not actively being used by its user, thereby reducing battery
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`drain by mobile applications that are constantly signaling to their respective application servers.
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`The Pixel is able to monitor the time since a button was last pressed, for example through the
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`auto-off timer and last user activity time to determine when to turn the screen of the device off.
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`Further, when the Pixel device detects that the screen is off and the device is unplugged for a
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`certain amount of time, it enters Doze mode. Once in Doze mode, the Pixel is able to conserve
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`battery resources by restricting the mobile applications’ access to the network, and defers the
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`mobile applications’ requests until a maintenance window. As the requests from the mobile
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`applications are deferred, the requests are also aligned such that when a maintenance window
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`occurs the multiple mobile applications are allowed to communicate using the network.
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`Following the maintenance window, the mobile applications’ are once again restricted from
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`accessing the network. When the device is stationary for a certain amount of time the system
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`applies the restrictions to network access for longer and longer periods between maintenance
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`windows. The figure below illustrates the reduction in traffic from the Pixel provided by Doze.
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`Page 15 of 41
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`61.
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`Other Google products similarly infringe one or more claims of the ’019 Patent.
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`Such other products include Google’s Nexus and Pixel C devices.
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`62.
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`Google also induces infringement by end users, including end users in this
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`District, of its mobile devices of at least claim 1 of the ’019 Patent. Google promotes and
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`advertises the use of its products, especially the products’ capability to preserve remaining
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`battery and avoid battery drain from background applications. The Doze feature is enabled in
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`Google’s devices by default. Examples of Google’s promotional materials appear on the
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`company’s website, such as 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
`
`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
`
`for sale within the United States, or imports into the United States.
`
`63.
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`Additionally, Google contributes to the infringement by others, including others in
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`this District, of at least claim 1 of the ’019 Patent by offering to sell or selling within the United
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`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
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`Page 16 of 41
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`system on their products such as the Galaxy S7. The Android operating system includes
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`infringing power saving functionalities such as Doze to avoid battery drain from background
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`applications, especially when the device is not being actively used by the user. Google advertises
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`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 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
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`conserve battery resources by managing mobile traffic, and has no substantial noninfringing uses.
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`64.
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`Google has had notice of the ’019 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 the ’019 Patent. Despite having knowledge of its infringement, Google
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`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)
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`
`
`65.
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`Google infringes at least claim 7 of the ’600 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 a