`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`
`Plaintiff,
`
`
`PARUS HOLDINGS INC.,
`
`
`
`v.
`
`SAMSUNG ELECTRONICS CO., LTD. and
`SAMSUNG ELECTRONICS AMERICA,
`INC.,
`
`
`
`
`Defendants.
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`
`
`
`
`Civil Action No. 6:19-cv-438
`
`
`JURY TRIAL DEMANDED
`
`
`
`PARUS HOLDING INC.’S
`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`
`Plaintiff Parus Holdings Inc. (“Parus” or “Plaintiff”) for its First Amended Complaint for
`
`
`
`
`
`
`Patent infringement (“Amended Complaint”) against Samsung Electronics Co., Ltd and Samsung
`
`Electronics America, Inc. (collectively “Samsung” or “Defendants”), hereby alleges as follows:
`
`THE PARTIES
`
`1.
`
`Plaintiff Parus Holdings Inc. is a Delaware corporation having its principal place
`
`of business at 3000 Lakeside Drive, Suite 110S, Bannockburn, IL 60015.
`
`2.
`
`Parus is a privately-held company founded in 1997 that offers for sale and sells a
`
`number of voice-driven technology and speech search solutions to allow customers to spend less
`
`time managing their communication channels by allowing customers to search the Internet with
`
`their voice and receive audible search results back. These products include ParusSpeak™
`
`Interactive Voice Response (IVR), ParusOne™ Unified Communications, ParusOffice™ Cloud
`
`PBX, and ParusMobile™ Mobile Applications. See https://www.parus.ai/products/. Parus’s
`
`
`
`brands include Parus, obai, Webley, Webley MD, and Parus Interactive. Parus’s voice-enabled
`
`search technology is in competition with Samsung Products implementing Google Assistant
`
`and/or Samsung Bixby.
`
`3.
`
`Parus is the owner by assignment of U.S. Patent No. 7,076,431 (“the ’431
`
`Patent”) (attached as Exhibit 1) and U.S. Patent No. 9,451,084 (“the ’084 Patent”) (attached as
`
`Exhibit 2).
`
`4.
`
`Defendant Samsung Electronics Co., Ltd is a corporation organized and existing
`
`under the laws of South Korea, with a principal place of business located at 129, Samsung-ro,
`
`Yeongtong-gu, Suwon-si, Gyeonggi-do, Korea. On information and belief, Samsung Electronics
`
`Co., Ltd is the entity that manufactures the Samsung-branded products sold in the United States,
`
`including the accused products in this case. On information and belief, in addition to making the
`
`products, Samsung Electronics Co., Ltd is responsible for research and development, product
`
`design, and sourcing of components.
`
`5.
`
`Defendant Samsung Electronics America, Inc. is a wholly owned subsidiary
`
`corporation of Samsung Electronics Co. Ltd. organized and existing under the laws of New York
`
`with a principal place of business at 85 Challenger Road, Ridgefield Park, New Jersey 07660.
`
`6.
`
`Samsung Electronics America, Inc. has offices and/or other facilities in Texas at
`
`least at 12100 Samsung Blvd, Austin, Texas 78754; 2800 Wells Branch Pkwy, Austin, TX
`
`78728; 1301 East Lookout Drive, Richardson, Texas 75082; and 6635 Declaration Drive, Plano,
`
`TX 75023.
`
`7.
`
`Samsung Electronics America, Inc. has maintained regular and established places
`
`of business at 12100 Samsung Blvd, Austin, Texas 78754 and 2800 Wells Branch Pkwy, Austin,
`
`TX 78728.
`
`2
`
`
`
`8.
`
`9.
`
`Samsung Electronics America, Inc. is registered to do business in Texas.
`
`Samsung has placed or contributed to placing infringing products like the
`
`Samsung Galaxy Note 9 into the stream of commerce via an established distribution channel
`
`knowing or understanding that such products would be sold and used in the United States,
`
`including in the Western District of Texas. On information and belief, Samsung also has derived
`
`substantial revenues from infringing acts in the Western District of Texas, including from the
`
`sale and use of infringing products like the Samsung Galaxy Note 9.
`
`10.
`
`Samsung had constructive notice of the ’431 Patent based on Parus’s marking at
`
`least as of June 18, 2007.
`
`11.
`
`Samsung had constructive notice of the ’084 Patent based on Parus’s marking at
`
`least as of February 21, 2018.
`
`JURISDICTION AND VENUE
`
`12.
`
`This is an action for patent infringement arising under the patent laws of the
`
`United States, Title 35 of the United States Code. Accordingly, this Court has subject matter
`
`jurisdiction pursuant to 28 U.S.C. §§ 1331 and 1338(a).
`
`13.
`
`This Court has specific personal jurisdiction over Defendants at least in part
`
`because Defendants conduct business in this Judicial District. Parus’s causes of action arise, at
`
`least in part, from Defendants’ contacts with and activities in the State of Texas and this Judicial
`
`District. Upon information and belief, each Defendant has committed acts of infringement
`
`within the State of Texas and this Judicial District by, inter alia, directly and/or indirectly using,
`
`selling, offering to sell, or importing products that infringe one or more claims of the ’431 Patent
`
`and/or the ’084 Patent.
`
`3
`
`
`
`14.
`
`Defendants have committed acts within this District giving rise to this action, and
`
`have established sufficient minimum contacts with the State of Texas such that the exercise of
`
`jurisdiction would not offend traditional notions of fair play and substantial justice.
`
`15.
`
`Venue is proper in this Judicial District pursuant to 28 U.S.C. §§ 1391(b), (c), and
`
`1400(d). Venue for Defendant Samsung Electronics Co., Ltd., a foreign corporation, is proper in
`
`every judicial district in the U.S., including this one. Venue is proper for Samsung Electronics
`
`America, Inc. because Samsung Electronics America, Inc. (1) has a regular and established place
`
`of business in this Judicial District, and (2) has committed and continue to commit acts of patent
`
`infringement in this Judicial District by, inter alia, directly and/or indirectly using, selling,
`
`offering to sell, or importing products that infringe one or more claims of the ’431 Patent and/or
`
`the ’084 Patent.
`
`COUNT I
`
`SAMSUNG’S INFRINGEMENT OF U.S. PATENT NO. 7,076,431
`
`Parus restates and incorporates by reference all of the allegations made in the
`
`16.
`
`preceding paragraphs as though fully set forth herein.
`
`17.
`
`Parus is the owner, by assignment, of the ’431 Patent. A true copy of the ’431
`
`Patent granted by the U.S. Patent & Trademark Office is attached as Exhibit 1.
`
`18.
`
`Samsung has directly infringed, and continues to directly infringe, literally or
`
`under the doctrine of equivalents, at least independent claim 1 of Parus’s ’431 Patent by making,
`
`using, selling, and/or offering for sale its smartphone products implementing the Google Android
`
`operating system, including Google Assistant, in the United States, in violation of 35 U.S.C. §
`
`271(a).
`
`4
`
`
`
`19.
`
`Samsung had constructive notice of the ’431 Patent based on Parus’s marking at
`
`least as of June 18, 2007. Defendant Samsung had actual knowledge of the ’431 Patent, and of
`
`the alleged acts constitute infringement of the ’431 Patent, at or around August 5, 2019, through
`
`service the original Complaint.
`
`20.
`
`Samsung’s continued acts of direct infringement of the ’431 Patent, post-filing of
`
`this Complaint, are willful, and have caused and will continue to cause substantial damage and
`
`irreparable harm to Parus, and Parus has no adequate remedy at law.
`
`21.
`
`Various Samsung products with Google Assistant and/or Samsung Bixby made or
`
`sold by Samsung directly infringe at least independent claim 1 of the ’431 Patent. Those
`
`Samsung products include at least the Samsung Galaxy Note 9 and other Samsung products that
`
`incorporate the Google Assistant and/or Samsung Bixby (“Samsung Accused Products”).
`
`22.
`
`The Samsung Accused Products in conjunction with Google Assistant and/or
`
`Samsung Bixby is a system for retrieving information from pre-selected web sites by uttering
`
`speech commands into a voice enabled device and for providing to users retrieved information in
`
`an audio form via said voice enabled device.
`
`23.
`
`The Samsung Galaxy Note 9 in conjunction with Google Assistant practices this
`
`claim. See e.g., Andrew Nusca, How voice recognition will change the world (Nov. 4, 2011),
`
`available at https://www.zdnet.com/article/how-voice-recognition-will-change-the-world/, Gene
`
`Munster, Will Thompson, Annual Digital Assistant IQ Test – Siri, Google Assistant, Alexa,
`
`Cortana (Jul. 25, 2018), available at https://loupventures.com/annual-digital-assistant-iq-test-siri
`
`-google-assistant-alexa-cortana/, Extending the assistant (Jan. 29, 2019), available at
`
`https://developers.google.com/actions/extending-the-assistant, Voice Browsing (Jan. 29, 2019),
`
`available at https://www.w3.org/standards/webofdevices/voice, How Search organizes
`
`5
`
`
`
`information (Jan. 29, 2019), available at
`
`https://www.google.com/search/howsearchworks/crawling-indexing/.
`
`24.
`
`Google Assistant and/or Samsung Bixby is built-in to Samsung Products
`
`including the Samsung Galaxy Note 9. See, e.g., https://www.samsung.com/us/mobile/galaxy-
`
`note9/specs/; https://support.google.com/pixelphone/answer/7157629?hl=en. Samsung provides
`
`technical support for the Google Assistant on its websites instructing users, for example, how to
`
`use Google Assistant on a voice-enabled device in such a manner that infringes the asserted
`
`patents. See, e.g., https://www.samsung.com/us/support/answer/ANS00077672/ (“Set up and
`
`use Google Assistant on your Galaxy Phone”). Similarly, Samsung provides technical support
`
`for Bixby on its websites instructing users, for example, how to use Bixby on a voice-enabled
`
`device in such a manner that infringes the asserted patents. See, e.g.,
`
`https://www.samsung.com/us/support/answer/
`
`ANS00080453/ (“Interact with Bixby through voice or text”); https://www.samsung.com/us/
`
`support/answer/ANS00080454/ (“Frequently Asked Questions About Bixby”).
`
`25.
`
`The Samsung Galaxy Note 9 in conjunction with Google Assistant includes both a
`
`top and bottom microphone. See e.g.,
`
`https://support.google.com/pixelphone/answer/7157629?hl=en. Google touts the Google
`
`Assistant on its web pages. See e.g., https://store.google.com/us/category/phones?hl=en-US.
`
`26.
`
`Google indicates that smartphones such as the Samsung Galaxy Note 9 in
`
`conjunction with Google Assistant will “help you find answers and control your phone and
`
`compatible smart home devices – all with a simple squeeze or by using your voice.” See e.g.,
`
`https://www.blog.google/products/pixel/google-pixel-3/. Samsung instructs users to use Google
`
`Assistant on its customer support website, stating for example “[j] ust say the words and your
`
`6
`
`
`
`command will be granted – by Google Assistant.”
`
`https://www.samsung.com/us/support/answer/ANS00077672/
`
`27.
`
`Google Assistant retrieves information from pre-selected websites that have
`
`already been crawled by the Googlebot.
`
`See e.g., https://support.google.com/webmasters/answer/182072.
`
`See e.g., https://www.google.com/search/howsearchworks/crawling-indexing/.
`
`See e.g., https://searchengineland.com/google-assistant-guide-270312.
`
`28.
`
`The retrieved information is in an audio form via said voice enabled device. For
`
`example, Google indicates that one can “hear about weather, your commute, important things to
`
`do, daily fun, and more.”
`
`
`
`
`
`
`
`
`
`7
`
`
`
`See e.g., https://assistant.google.com/explore?hl=en_us.
`
`29.
`
`Some of the Samsung Accused Products utilize the virtual assistant Bixby. For
`
`example, the Samsung Galaxy Note 9 comes with Bixby pre-loaded. See e.g.,
`
`https://www.samsung.com/us/mobile/galaxy-note9/specs/. Samsung also includes a page that
`
`gives instructions for setting up and using Samsung Bixby.
`
`See, e.g., https://www.samsung.com/us/support/answer/ANS00076739/.
`
`30.
`
`Bixby operates in a manner similar to Google Assistant. Analysis of Bixby will
`
`not be duplicated where the analysis of Google Assistant appears.
`
`
`
`8
`
`
`
`
`
`See e.g., https://www.samsung.com/us/support/answer/ANS00077672/.
`
`31.
`
`The Samsung Accused Products in conjunction with Google Assistant and/or
`
`Samsung Bixby includes a computer, said computer operatively connected to the internet.
`
`32.
`
`For example, the Samsung Galaxy Note 9 includes an Octa-Core processor. See
`
`e.g., https://www.samsung.com/us/mobile/galaxy-note9/specs/. Moreover, the Samsung Galaxy
`
`Note 9 is operatively connected to the internet because the Samsung Galaxy Note 9 includes both
`
`Wi-Fi connectivity as well as cellular connectivity. See id.
`
`33.
`
`The Samsung Accused Products in conjunction with Google Assistant and/or
`
`Samsung Bixby includes a voice enabled device operatively connected to said computer, said
`
`voice enabled device configured to receive speech commands from users.
`
`34.
`
`For example, Samsung Galaxy Note 9 in conjunction with Google Assistant
`
`and/or Samsung Bixby is a voice enabled device because the Samsung Galaxy Note 9 includes a
`
`microphone. See e.g., https://www.samsung.com/us/mobile/galaxy-note9/specs/. Further, the
`
`microphone operatively connected to the Samsung Galaxy Note 9 in conjunction with Google
`
`9
`
`
`
`Assistant and/or Samsung Bixby is configured to receive speech commands from users. See e.g.,
`
`https://www.samsung.com/us/support/answer/ANS00077672/.
`
`35.
`
`Google indicates that a smartphone such as the Galaxy Note 9 in conjunction with
`
`Google Assistant will “help you find answers and control your phone and compatible smart
`
`home devices – all with a simple squeeze or by using your voice.” See e.g.,
`
`https://www.blog.google/products/pixel/google-pixel-3/. The Galaxy Note 9 in conjunction with
`
`Google Assistant can handle these commands on the phone itself or with help from the cloud.
`
`
`
`See e.g., https://blog.google/products/pixel/pixel-3-and-device-ai-putting-superpowers-your-
`
`pocket/. See also, https://www.zdnet.com/article/how-voice-recognition-will-change-the-world/.
`
`36.
`
`The Samsung Accused Products in conjunction with Google Assistant and/or
`
`Samsung Bixby include at least one speaker-independent speech recognition device, said
`
`speaker-independent speech recognition device operatively connected to said computer and to
`
`said voice enabled device.
`
`37.
`
`For example, the Samsung Galaxy Note 9 in conjunction with Google Assistant
`
`and/or Samsung Bixby allows a user to talk through the device to send commands to the cloud.
`
`The Galaxy Note 9 in conjunction with Google Assistant can handle voice commands on the
`
`device itself or with help from the cloud. See e.g., https://blog.google/products/pixel/pixel-3-
`
`and-device-ai-putting-superpowers-your-pocket/.
`
`10
`
`
`
`
`
`
`
`See e.g., https://ai.googleblog.com/2018/05/duplex-ai-system-for-natural-conversation.html.
`
`See id.
`
`38.
`
`The Samsung Accused Products in conjunction with Google Assistant and/or
`
`Samsung Bixby includes at least one speech synthesis device, said speech synthesis device
`
`operatively connected to said computer and to said voice enabled device.
`
`11
`
`
`
`39.
`
`For example, the a smartphone such as the Samsung Galaxy Note 9 in conjunction
`
`with Google Assistant and/or Samsung Bixby generate voice responses on the device itself. The
`
`Galaxy Note 9 in conjunction with Google Assistant can handle voice commands on the device
`
`itself or with help from the cloud and produce an audio response.
`
`
`
`See e.g., https://blog.google/products/pixel/pixel-3-and-device-ai-putting-superpowers-your-
`
`pocket/.
`
`40.
`
`The Samsung Accused Products in conjunction with Google Assistant and/or
`
`Samsung Bixby include at least one instruction set for identifying said information to be
`
`retrieved, said instruction set being associated with said computer.
`
`41.
`
`For example, because the Samsung Galaxy Note 9 in conjunction with Google
`
`Assistant and/or Samsung Bixby can handle voice commands on the device itself or with help
`
`from the cloud, there is an instruction set for identifying said information to be retrieved, said
`
`instruction set being associated with said computer. See e.g.,
`
`https://blog.google/products/pixel/pixel-3-and-device-ai-putting-superpowers-your-pocket/; see
`
`also https://ai.googleblog.com/2018/05/duplex-ai-system-for-natural-conversation.html.
`
`42.
`
`The Samsung Accused Products in conjunction with Google Assistant includes at
`
`least one instruction set for identifying said information to be retrieved comprising a plurality of
`
`12
`
`
`
`pre-selected web site addresses, each said web site address identifying a web site containing said
`
`information to be retrieved.
`
`43.
`
`For example, Google indicates that a smartphone such as the Samsung Galaxy
`
`Note 9 in conjunction with Google Assistant retrieves information from pre-selected websites
`
`that have already been crawled by the Googlebot.
`
`See e.g., https://support.google.com/webmasters/answer/182072.
`
`See e.g., https://www.google.com/search/howsearchworks/crawling-indexing/.
`
`See id.
`
`See e.g., https://searchengineland.com/google-assistant-guide-270312.
`
`44.
`
`Google uses technology to crawl the web to index web sites with information to
`
`respond to a search request. The indexed websites are identified by web site addresses. These
`
`13
`
`
`
`
`
`
`
`
`
`
`
`indexed websites are “a plurality of pre-selected web site addresses,” and each such website
`
`“indentif[ies] a web site containing said information to be retrieved.
`
`45.
`
`The Samsung Accused Products in conjunction with Google Assistant and/or
`
`Samsung Bixby includes at least one recognition grammar associated with said computer, each
`
`said recognition grammar corresponding to each said instruction set and corresponding to a
`
`speech command.
`
`46.
`
`For example, because the Samsung Galaxy Note 9 in conjunction with Google
`
`Assistant and/or Samsung Bixby can handle voice commands on the device itself or with help
`
`from the cloud, there is a recognition grammar corresponding to each said instruction set and
`
`corresponding speech command. See e.g., https://blog.google/products/pixel/pixel-3-and-device-
`
`ai-putting-superpowers-your-pocket/; see also https://ai.googleblog.com/2018/05/duplex-ai-
`
`system-for-natural-conversation.html.
`
`47.
`
`The Samsung Accused Products in conjunction with Google Assistant and/or
`
`Samsung Bixby include said speech command comprising an information request selectable by
`
`the user.
`
`48.
`
`The Samsung Galaxy Note 9 in conjunction with Google Assistant and/or
`
`Samsung Bixby is a system for retrieving information from pre-selected web sites by uttering
`
`speech commands into a voice enabled device. For example, the Samsung Galaxy Note 9 in
`
`conjunction with Google Assistant and/or Samsung Bixby will make tasks easier. Google touts
`
`the Google Assistant on its web pages. See e.g.,
`
`https://store.google.com/us/category/phones?hl=en-US. Google indicates that a smartphone such
`
`as the Samsung Galaxy Note 9 in conjunction with Google Assistant will “help you find answers
`
`14
`
`
`
`and control your phone and compatible smart home devices – all with a simple squeeze or by
`
`using your voice.” See e.g., https://www.blog.google/products/pixel/google-pixel-3/.
`
`49.
`
`The Samsung Accused Products in conjunction with Google Assistant and/or
`
`Samsung Bixby includes said speaker-independent speech recognition device configured to
`
`receive from users via said voice enabled device said speech command and to select the
`
`corresponding recognition grammar upon receiving said speech command.
`
`50.
`
`For example, because the Samsung Galaxy Note 9 in conjunction with Google
`
`Assistant and/or Samsung Bixby can handle voice commands on the device itself or with help
`
`from the cloud, there is a recognition grammar corresponding to each said instruction set and
`
`corresponding speech command. See e.g., https://blog.google/products/pixel/pixel-3-and-device-
`
`ai-putting-superpowers-your-pocket/.
`
`See e.g., https://ai.googleblog.com/2018/05/duplex-ai-system-for-natural-conversation.html.
`
`
`
`15
`
`
`
`51.
`
`The Samsung Accused Products in conjunction with Google Assistant and/or
`
`Samsung Bixby include said computer configured to retrieve said instruction set corresponding
`
`to said recognition grammar selected by said speaker-independent speech recognition device.
`
`52.
`
`For example, because the Samsung Galaxy Note 9 in conjunction with Google
`
`Assistant and/or Samsung Bixby can handle voice commands on the device itself or with help
`
`from the cloud, there is a recognition grammar corresponding to each said instruction set and
`
`corresponding speech command. See e.g., https://blog.google/products/pixel/pixel-3-and-device-
`
`ai-putting-superpowers-your-pocket/; see also, https://ai.googleblog.com/2018/05/duplex-ai-
`
`system-for-natural-conversation.html.
`
`53.
`
`The Samsung Accused Products in conjunction with Google Assistant and/or
`
`Samsung Bixby includes said computer further configured to access at least one of said plurality
`
`of web sites identified by said instruction set to obtain said information to be retrieved, aid
`
`computer configured to first access said first web site of said plurality of web sites and, if said
`
`information to be retrieved is not found at said first web site, said computer configured to
`
`sequentially access said plurality of web sites until said information to be retrieved is found or
`
`until said plurality of web sites has been accessed.
`
`54.
`
`For example, Google indicates that the Samsung Galaxy Note 9 in conjunction
`
`with Google Assistant and/or Samsung Bixby will make tasks easier. Google touts the Google
`
`Assistant on its web pages. See e.g., https://store.google.com/us/category/phones?hl=en-US.
`
`55.
`
`Google indicates that a smartphone such as the Samsung Galaxy Note 9 in
`
`conjunction with Google Assistant will “help you find answers and control your phone and
`
`compatible smart home devices – all with a simple squeeze or by using your voice.” See e.g.,
`
`https://www.blog.google/products/pixel/google-pixel-3/.
`
`16
`
`
`
`56.
`
`Google Assistant retrieves information from pre-selected websites that have
`
`already been crawled by the Googlebot.
`
`
`
`
`
`
`
`
`
`See e.g., https://support.google.com/webmasters/answer/182072.
`
`See e.g., https://www.google.com/search/howsearchworks/crawling-indexing/.
`
`See id.
`
`See e.g., https://searchengineland.com/google-assistant-guide-270312.
`
`57.
`
`Google uses technology to discover and index web sites that have information that
`
`is subsequently used to respond to search requests. Upon receiving a specific search request,
`
`Google’s search algorithms are configured to access the plurality of web sites in some
`
`“sequential” order (as by the ranking order of the websites, the ranking order specifies a
`
`sequence) until information pertinent to the request is found or until the web sites (in the ranking
`
`order defined) are accessed to find specific information to respond to the specific search request;
`
`17
`
`
`
`Google’s operations meet the claimed recitation “said computer further configured to access at
`
`least one of said plurality of web sites identified by said instruction set to obtain said information
`
`to be retrieved” and “said computer configured to first access said first web site of said plurality
`
`of web sites” and if the information is not found at the first web site, Google’s search algorithms
`
`sequentially access the websites until the information is retrieved or until all the sources are
`
`considered.
`
`58.
`
`The Samsung Accused Products in conjunction with Google Assistant and/or
`
`Samsung Bixby include said speech synthesis device configured to produce an audio message
`
`containing any retrieved information from said pre-selected web sites, and said speech synthesis
`
`device further configured to transmit said audio message to said users via said voice enabled
`
`device.
`
`59.
`
`For example, because the Samsung Galaxy Note 9 in conjunction with Google
`
`Assistant and/or Samsung Bixby can handle voice commands on the device itself or with help
`
`from the cloud, there is a recognition grammar corresponding to each said instruction set and
`
`corresponding speech command.
`
`
`
`See e.g., https://assistant.google.com/explore?hl=en_us.
`
`60.
`
`In addition to directly infringing the ’431 Patent, since around the filing of the
`
`original Complaint, Samsung indirectly has infringed the ’431 Patent pursuant to 35 U.S.C. §
`
`271(b) and (c). Defendants has had knowledge of the ’431 Patent and of the alleged acts that
`
`constitute infringement of the ’431 Patent since at least service of the original Complaint. By the
`
`18
`
`
`
`time of trial, Defendants will have known and intended (since receiving such notice) that their
`
`continued actions would actively induce the infringement of the claims of the ’431 Patent.
`
`61.
`
`Samsung indirectly infringes the ’431 Patent by instructing, directing and/or
`
`requiring others, including customers, purchasers, users and developers, to perform one or more
`
`of the steps of the method claims, either literally or under the doctrine of equivalents, of the ’431
`
`Patent, where all the steps of the method claims are performed by either Samsung, its customers,
`
`purchasers, users, and developers, or some combination thereof. Samsung knew or should have
`
`known that it was inducing others, including customers, purchasers, users, and developers, to
`
`infringe by practicing, either themselves or in conjunction with Defendants, one or more method
`
`claims of the ’431 Patent.
`
`62.
`
`Upon information and belief, Samsung knowingly and actively aided and abetted
`
`the direct infringement of the ’431 Patent by instructing and encouraging its customers,
`
`purchasers, users, and developers to use the ’431 Patent methods and technology. These
`
`instructions of encouragement include, but are not limited to, using the accused products as
`
`described in the claims of the ’431 Patent, in advertising and promoting the use of the ’431
`
`Patent’s claimed technology, and as further described in above.
`
`COUNT II
`
`SAMSUNG’S INFRINGEMENT OF U.S. PATENT NO. 9,451,084
`
`Parus restates and incorporates by reference all of the allegations made in the
`
`63.
`
`preceding paragraphs as though fully set forth herein.
`
`64.
`
`Parus is the owner, by assignment, of the ’084 Patent. A true copy of the ’084
`
`Patent granted by the U.S. Patent & Trademark Office is attached as Exhibit 2.
`
`19
`
`
`
`65.
`
`Samsung has directly infringed, and continues to directly infringe, literally or
`
`under the doctrine of equivalents, at least independent claim 1 of Parus’s ’084 Patent by making,
`
`using, selling, and/or offering for sale its smartphone products implementing the Google Android
`
`operating system, including Google Assistant, in the United States, in violation of 35 U.S.C. §
`
`271(a).
`
`66.
`
`Samsung had constructive notice of the ’084 Patent based on Parus’s marking at
`
`least as of February 21, 2018. Defendant Samsung had actual knowledge of the ’084 Patent, and
`
`of the alleged acts constitute infringement of the ’084 Patent, at or around August 5, 2019,
`
`through service the original Complaint.
`
`67.
`
`Samsung’s continued acts of direct infringement of the ’084 Patent, post-filing of
`
`this Complaint, are willful, and have caused and will continue to cause substantial damage and
`
`irreparable harm to Parus, and Parus has no adequate remedy at law.
`
`68.
`
`The Samsung Accused Products in conjunction with Google Assistant and/or
`
`Samsung Bixby is a system for acquiring information from one or more sources maintaining a
`
`listing of web sites by receiving speech commands uttered by users into a voice-enabled device
`
`and for providing information retrieved from the web sites to the users in an audio form via the
`
`voice-enabled device.
`
`69.
`
`The Samsung Galaxy Note 9 in conjunction with Google Assistant practices this
`
`claim. See e.g., Andrew Nusca, How voice recognition will change the world (Nov. 4, 2011),
`
`available at https://www.zdnet.com/article/how-voice-recognition-will-change-the-world/, Gene
`
`Munster, Will Thompson, Annual Digital Assistant IQ Test – Siri, Google Assistant, Alexa,
`
`Cortana (Jul. 25, 2018), available at https://loupventures.com/annual-digital-assistant-iq-test-siri
`
`-google-assistant-alexa-cortana/, Extending the assistant (Jan. 29, 2019), available at
`
`20
`
`
`
`https://developers.google.com/actions/extending-the-assistant, Voice Browsing (Jan. 29, 2019),
`
`available at https://www.w3.org/standards/webofdevices/voice, How Search organizes
`
`information (Jan. 29, 2019), available at
`
`https://www.google.com/search/howsearchworks/crawling-indexing/.
`
`70.
`
`Google Assistant and/or Samsung Bixby is built-in to Samsung Products
`
`including the Samsung Galaxy Note 9. See, e.g., https://www.samsung.com/us/mobile/galaxy-
`
`note9/specs/; https://support.google.com/pixelphone/answer/7157629?hl=en. Google provides
`
`technical support for the Google Assistant on its websites instructing users, for example, how to
`
`use Google Assistant on a voice-enabled device in such a manner that infringes the asserted
`
`patents. See, e.g., https://support.google.com/assistant/?hl=en#topic=7546466 (“How can we
`
`help you?”); https://assistant.google.com/learn/ (“Google Assistant is ready to help, anytime,
`
`anywhere.”). Similarly, Samsung provides technical support for Bixby on its websites
`
`instructing users, for example, how to use Bixby on a voice-enabled device in such a manner that
`
`infringes the asserted patents. See, e.g., https://www.samsung.com/us/support/answer/
`
`ANS00080453/ (“Interact with Bixby through voice or text”); https://www.samsung.com/us/
`
`support/answer/ANS00080454/ (“Frequently Asked Questions About Bixby”).
`
`71.
`
`The Samsung Galaxy Note 9 in conjunction with Google Assistant includes both a
`
`top and bottom microphone. See e.g.,
`
`https://support.google.com/pixelphone/answer/7157629?hl=en. Google touts the Google
`
`Assistant on its web pages. See e.g., https://store.google.com/us/category/phones?hl=en-US.
`
`72.
`
`Google indicates that smartphones such as the Samsung Galaxy Note 9 in
`
`conjunction with Google Assistant will “help you find answers and control your phone and
`
`21
`
`
`
`compatible smart home devices – all with a simple squeeze or by using your voice.” See e.g.,
`
`https://www.blog.google/products/pixel/google-pixel-3/.
`
`73.
`
`Google Assistant retrieves information from pre-selected websites that have
`
`already been crawled by the Googlebot.
`
`See e.g., https://support.google.com/webmasters/answer/182072.
`
`See e.g., https://www.google.com/search/howsearchworks/crawling-indexing/.
`
`See e.g., https://searchengineland.com/google-assistant-guide-270312.
`
`74.
`
`The retrieved information is in an audio form via said voice enabled device. For
`
`example, Google indicates that one can “hear about weather, your commute, important things to
`
`do, daily fun, and more.”
`
`
`
`
`
`
`
`
`
`22
`
`
`
`See e.g., https://assistant.google.com/explore?hl=en_us.
`
`75.
`
`Some of the Samsung Accused Products utilize the virtual assistant Bixby. For
`
`example, the Samsung Galaxy Note 9 comes with Bixby pre-loaded. See e.g.,
`
`https://www.samsung.com/us/mobile/galaxy-note9/specs/. Samsung also includes a page that
`
`gives instructions for setting up and using Samsung Bixby.
`
`
`
`See, e.g., https://www.samsung.com/us/support/answer/ANS00076739/.
`
`76.
`
`Bixby operates in a manner similar to Google Assistant. Analysis of Bixby will
`
`not be duplicated where the analysis of Google Assistant appears.
`
`77.
`
`The Samsung Accused Products in conjunction with Google Assistant and/or
`
`Samsung Bixby include at least one computing device, the computing device operatively coupled
`
`to one or more networks.
`
`23
`
`
`
`78.
`
`For example, the Samsung Galaxy Note 9 includes an Octa-Core processor and is
`
`operatively connected to the internet in normal usage. See e.g.,
`
`https://www.samsung.com/us/mobile/galaxy-note9/specs/.
`
`79.
`
`The Samsung Accused Products in conjunction with Google Assistant and/or
`
`Samsung Bixby includes at least one speaker-independent speech-recognition device, the
`
`speaker-independent speech-recognition device operatively connected to the computing device
`
`and configured to receive the speech commands.
`
`80.
`
`For example, Google indicates that a smartphone such as the Samsung Galaxy
`
`Note 9 in conjunction with Google Assistant can handle voice commands on the device itself or
`
`with help from the cloud.
`
`See e.g., https://blog.google/products/pixel/pixel-3-and-device-ai-putting-superpowers-your-
`
`
`
`pocket/.
`
`24
`
`
`
`
`
`See e.g., https://ai.googleblog.com/2018/05/duplex-ai-system-for-natural-conversation.html.
`
`81.
`
`The S