UNITED STATES DISTRICT COURT
`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
`
`
`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
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
