Case 6:21-cv-01073-ADA Document 1 Filed 10/15/21 Page 1 of 39
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
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`PARUS HOLDINGS INC.,
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`Plaintiff,
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`
`
`v.
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`SAMSUNG ELECTRONICS CO., LTD. and
`SAMSUNG ELECTRONICS AMERICA,
`INC.,
`
`
`
`Defendants.
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`Civil Action No. 6:21-cv-01073
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`JURY TRIAL DEMANDED
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`PARUS HOLDING INC.’S COMPLAINT FOR PATENT INFRINGEMENT
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` Plaintiff Parus Holdings Inc. (“Parus” or “Plaintiff”) for its Complaint for Patent
`
`infringement (“Amended Complaint”) against Samsung Electronics Co., Ltd and Samsung
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`Electronics America, Inc. (collectively “Samsung” or “Defendants”), hereby alleges as follows:
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`THE PARTIES
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`1.
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`Plaintiff Parus Holdings Inc. is a Delaware corporation having its principal place
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`of business at 3000 Lakeside Drive, Suite 110S, Bannockburn, IL 60015.
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`2.
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`Parus is a privately-held company founded in 1997 that offers for sale and sells a
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`number of voice-driven technology and speech search solutions to allow customers to spend less
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`time managing their communication channels by allowing customers to search the Internet with
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`their voice and receive audible search results back. These products include ParusSpeak™
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`Interactive Voice Response (IVR), ParusOne™ Unified Communications, ParusOffice™ Cloud
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`PBX, and ParusMobile™ Mobile Applications. See https://www.parus.ai/products/. Parus’s
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`brands include Parus, Obai, Webley, Webley MD, and Parus Interactive. Parus’s voice-enabled
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`Petitioner's Ex. 1026, Page 1
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`

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`Case 6:21-cv-01073-ADA Document 1 Filed 10/15/21 Page 2 of 39
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`
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`search technology is in competition with Samsung Products implementing Google Assistant
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`and/or Samsung Bixby.
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`3.
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`Parus is the owner by assignment of U.S. Patent No. 6,721,705 (“the ’705
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`Patent”), U.S. Patent No. 7,386,455 (“the ’455 Patent”), and U.S. Patent No. 8,185,402 (“the
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`’402 Patent”) (collectively, “the Asserted Patents”).
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`4.
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`Defendant Samsung Electronics Co., Ltd is a corporation organized and existing
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`under the laws of South Korea, with a principal place of business located at 129, Samsung-ro,
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`Yeongtong-gu, Suwon-si, Gyeonggi-do, Korea. On information and belief, Samsung Electronics
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`Co., Ltd is the entity that manufactures the Samsung-branded products sold in the United States,
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`including the accused products in this case. On information and belief, in addition to making the
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`products, Samsung Electronics Co., Ltd is responsible for research and development, product
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`design, and sourcing of components.
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`5.
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`Defendant Samsung Electronics America, Inc. is a wholly owned subsidiary
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`corporation of Samsung Electronics Co. Ltd. organized and existing under the laws of New York
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`with a principal place of business at 85 Challenger Road, Ridgefield Park, New Jersey 07660.
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`6.
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`Samsung Electronics America, Inc. has offices and/or other facilities in Texas at
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`least at 12100 Samsung Blvd, Austin, Texas 78754; 2800 Wells Branch Pkwy, Austin, TX
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`78728; 1301 East Lookout Drive, Richardson, Texas 75082; and 6635 Declaration Drive, Plano,
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`TX 75023.
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`7.
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`Samsung Electronics America, Inc. has maintained regular and established places
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`of business at 12100 Samsung Blvd, Austin, Texas 78754 and 2800 Wells Branch Pkwy, Austin,
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`TX 78728.
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`8.
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`Samsung Electronics America, Inc. is registered to do business in Texas.
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`2
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`Petitioner's Ex. 1026, Page 2
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`Case 6:21-cv-01073-ADA Document 1 Filed 10/15/21 Page 3 of 39
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`9.
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`Samsung has placed or contributed to placing infringing products like the
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`Samsung Galaxy Note 9, and the Samsung SmartThings devices into the stream of commerce via
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`an established distribution channel knowing or understanding that such products would be sold
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`and used in the United States, including in the Western District of Texas. On information and
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`belief, Samsung also has derived substantial revenues from infringing acts in the Western
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`District of Texas, including from the sale and use of infringing products like the Samsung
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`Galaxy Note 9 and the Samsung SmartThings devices.
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`10.
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`Samsung had constructive notice of the Asserted Patents based on Parus’s
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`marking at least as of 2014.
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`JURISDICTION AND VENUE
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`11.
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`This is an action for patent infringement arising under the patent laws of the
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`United States, Title 35 of the United States Code. Accordingly, this Court has subject matter
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`jurisdiction pursuant to 28 U.S.C. §§ 1331 and 1338(a).
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`12.
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`This Court has specific personal jurisdiction over Defendants at least in part
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`because Defendants conduct business in this Judicial District. Parus’s causes of action arise, at
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`least in part, from Defendants’ contacts with and activities in the State of Texas and this Judicial
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`District. Upon information and belief, each Defendant has committed acts of infringement
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`within the State of Texas and this Judicial District by, inter alia, directly and/or indirectly using,
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`selling, offering to sell, or importing products that infringe one or more claims of the ’705
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`Patent, the ’455 Patent, and/or the ’402 Patent.
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`13.
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`Defendants have committed acts within this District giving rise to this action, and
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`have established sufficient minimum contacts with the State of Texas such that the exercise of
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`jurisdiction would not offend traditional notions of fair play and substantial justice.
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`3
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`Petitioner's Ex. 1026, Page 3
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`Case 6:21-cv-01073-ADA Document 1 Filed 10/15/21 Page 4 of 39
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`14.
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`Venue is proper in this Judicial District pursuant to 28 U.S.C. §§ 1391(b), (c), and
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`1400(d). Venue for Defendant Samsung Electronics Co., Ltd., a foreign corporation, is proper in
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`every judicial district in the U.S., including this one. Venue is proper for Samsung Electronics
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`America, Inc. because Samsung Electronics America, Inc. (1) has a regular and established place
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`of business in this Judicial District, and (2) has committed and continue to commit acts of patent
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`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 ’705 Patent and/or
`
`the ’402 Patent.
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`BACKGROUND
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`15.
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`Founded in 1997, Parus provides innovative solutions to businesses and
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`individuals, enabling thousands of professionals to stay in touch and in control of their
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`communications. Its patented, voice-driven applications, deep understanding of the needs and
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`challenges of the market, and passion for unsurpassed customer service have kept Parus at the
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`forefront of the unified communications industry for more than twenty years. Parus is a pioneer
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`in this space, offering voice-driven unified communications and voice assistant solutions,
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`including messaging, voice search, collaboration, and real-time communications for mobile
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`communities and businesses.
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`16.
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`On information and belief, Samsung Electronics was founded in 1969 and
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`currently offers a variety of products, including, inter alia, software apps and services (including
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`Bixby, the intelligent assistant, the Samsung browser, Samsung Pay, and a host of applications
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`available in the Galaxy Store), hardware (including smartphones, tablets, watches, mobile
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`accessories, mobile audio, tv & home theater, computing, monitors, memory & storage, home
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`appliances, and smart home products), and enterprise services. See, e.g.,
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`https://www.samsung.com/us/about-us/our-business/, https://www.samsung.com/us/apps/.
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`4
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`Petitioner's Ex. 1026, Page 4
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`Case 6:21-cv-01073-ADA Document 1 Filed 10/15/21 Page 5 of 39
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`Samsung Group reported $55.84 billion in revenue in the first quarter of 2021. See
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`http://news.samsung.com/global/samsung-electronics-announces-first-quarter-2021-results.
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`17.
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`Samsung has incorporated Parus’s technology into its products and offerings
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`without authorization.
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`THE ASSERTED PATENTS
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`18.
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`The ’705 Patent, the ’455 Patent, and the ’402 Patent are related and share a
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`specification. The ’705 Patent relates to “robust and highly reliable” systems for users to search
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`the internet using voice-enabled devices. ’705 Patent at 1:15–16.1 At the time of the invention,
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`users were limited in the devices they could use to conduct web searches (i.e., conventional
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`computers, PDAs, or web-phones/web-pagers). As explained in the specification, these devices
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`had numerous limitations, including (i) the form of the devices, their portability, and their ability
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`to connect to the Internet; (ii) the compatibility of the devices with particular web site designs;
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`and (iii) the devices’ responsiveness to rapid changes in website content (e.g., “[t]he design of
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`the web site may change, the information required by the web site in order to perform searches
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`may change, and the method of reporting search results may change”). Id. at 1:25–2:52.
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`Therefore, there was a need for a system that could “detect modifications to web sites and adapt
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`to such changes in order to quickly and accurately provide the information requested by a user
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`through a voice enabled device.” Id. at 2:32–36.
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`19.
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`Voice-enabled searches of the Internet present several unique technological
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`hurdles. For example, unlike regular browser-based or application-based searches, a voice-
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`enabled device must limit its results because a user simply cannot listen to an entire page worth
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`of search results. See id. at 2:36–52. Voice users are especially sensitive to latency and expect
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`1 For clarity, these citations are to the ’705 Patent specification, but similar disclosures are present for the ’402
`Patent as well.
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`5
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`Petitioner's Ex. 1026, Page 5
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`Case 6:21-cv-01073-ADA Document 1 Filed 10/15/21 Page 6 of 39
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`immediate responses to their search requests. Id. Indeed, rapid responses are an essential feature
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`of a voice system’s desirability and usability. Id. And “[a] system that introduces too much
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`delay between the time a user makes a request and the time of response will not be tolerated by
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`users and will lose its usefulness.” Id. at 2:43–46.
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`20.
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`The inventors of the Asserted Patents were thus presented with a technical
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`problem: how to quickly provide complete, timely, and relevant web site search results to voice-
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`enabled devices, accounting for the rapidly changing nature of web sites and Internet
`
`applications. ’705 Patent at 2:32–26, 17:9–15. The inventors thus developed specific and
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`concrete ways of solving the technical problems presented by voice-based internet searching,
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`developing a robust, innovative system to provide quick, reliable results to the voice-based user
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`that can access web sites in a ranked order in response to a voice request, and discover new web
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`sites using, inter alia, content extraction, pinging, polling, and ranking. See, e.g., id. at 6:58–
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`7:30, 17:48–18:4, 19:3–21.
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`21.
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`The claims of these patents vary in scope, and no single claim is representative of
`
`all the Asserted Patents or claims. For example, the ’705 Patent concerns how to determine from
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`which website to retrieve information in response to a speech command from a pre-selected web
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`site using a specific polling and ranking mechanism. See, e.g., ’705 Patent at 20:3–17. The ’705
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`patent further claims a “content extraction agent,” a “content descriptor,” and a “content fetcher.”
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`See, e.g., id. at 19:60–67. The specification describes and gives descriptions of these features,
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`for example, describing a “content extraction agent” as “allow[ing] the web browsing server 102
`
`to properly format requests and read responses provided by the web site 114;” a “content
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`descriptor” as “direct[ing] the extraction agent where to extract data from the accessed web page
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`6
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`Petitioner's Ex. 1026, Page 6
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`Case 6:21-cv-01073-ADA Document 1 Filed 10/15/21 Page 7 of 39
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`and how to format a response to the user utilizing that data;” and a “content fetcher” as
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`“retriev[ing] information from a web site.” Id. at 7:2–28, 9:35–37.
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`22.
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`For another example, the ’455 Patent concerns controlling online functionality
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`and items in a remote system using audio commands and grammar. See, e.g., ’455 Patent at
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`19:40–42. The patent further claims using polling mechanisms to determine operability. See,
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`e.g., id. at 16:42–65, 20:548–51.
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`23.
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`Parus expects that at least some terms as used in the claims will be subject to
`
`construction in this case based on both the intrinsic record and, to the extent necessary, extrinsic
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`evidence, including testimony from expert witnesses.
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`SAMSUNG’S INFRINGING PRODUCTS AND SERVICES
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`24.
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`Upon information and belief, Samsung has infringed and continues to infringe one
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`or more claims of the Asserted Patents, as shown below, acting through the Samsung Galaxy
`
`devices and Samsung SmartThings devices (collectively, “the Samsung Accused Products”). On
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`information and belief, Samsung has released different versions of the Samsung Galaxy
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`smartphones and tablets, but on information and belief, each of these products infringed through
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`use of Google Assistant and/or Bixby at least since Google Assistant’s release in 2016 and
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`Samsung Bixby’s release in 2017.23
`
`
`2 https://www.techrepublic.com/article/google-assistant-the-smart-persons-guide/.
`3 https://techcrunch.com/2017/06/16/samsungs-bixby-voice-assistant-is-finally-coming-to-the-u-s-but-only-as-a-
`preview/?guccounter=1&guce_referrer=aHR0cHM6Ly93d3cuZ29vZ2xlLmNvbS8&guce_referrer_sig=AQAAACG
`T1XWy_CT6dyjt8qYBlJQ_SCnxPjz29qbPYT60uobpKtSKfuCgDI9n6lkYEtFqBNXhdwHfBnC5O8HvuAkcWfQX
`RkJdfYHy8K_Mp6iLW_nm2PLHiKXIhunBoZ_bKbwqr6NAuMV5lt4p5L0P6HShkOYLivJ9fFaznNkIZNj8fjB0
`
`7
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`Petitioner's Ex. 1026, Page 7
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`

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`Case 6:21-cv-01073-ADA Document 1 Filed 10/15/21 Page 8 of 39
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`
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`COUNT I
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`SAMSUNG’S INFRINGEMENT OF U.S. PATENT NO. 6,721,705
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`Parus restates and incorporates by reference all of the allegations made in the
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`25.
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`preceding paragraphs as though fully set forth herein.
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`26.
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`Parus is the owner, by assignment, of the ’705 Patent. A true copy of the ’705
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`Patent granted by the U.S. Patent & Trademark Office is attached as Exhibit 1.
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`27.
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`Defendant Samsung has directly infringed, and continues to directly infringe,
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`literally or under the doctrine of equivalents, at least independent claim 1 of Parus’s ’705 Patent
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`by making, using, selling, and/or offering for sale its smartphone products implementing the
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`Google Android operating system, including Google Assistant, and/or Samsung’s Bixby in the
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`United States, in violation of 35 U.S.C. § 271(a).
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`28.
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`Upon filing of the complaint or shortly thereafter, Defendant Samsung has
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`knowledge of the ’705 Patent.
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`29.
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`Various Samsung products with Google Assistant and/or Samsung Bixby made or
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`sold by Samsung directly infringe at least independent claim 1 of the ’705 Patent. Those
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`Samsung products include at least the Samsung Galaxy Note 9 and other Samsung products that
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`incorporate the Google Assistant and/or Samsung Bixby (“Samsung Accused Products”).
`
`30.
`
`The Samsung Accused Products in conjunction with Google Assistant and/or
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`Samsung Bixby form an internet voice browsing system for gathering information from Web
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`sites on the Internet. The following exemplary documents provide support to demonstrate how
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`the Samsung Accused Products in conjunction with Google Assistant and/or Bixby practice at
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`least claim 1 of the ’705 Patent: Andrew Nusca, How voice recognition will change the world
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`(Nov. 4, 2011), available at https://www.zdnet.com/article/how-voice-recognition-will-change-
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`8
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`Petitioner's Ex. 1026, Page 8
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`Case 6:21-cv-01073-ADA Document 1 Filed 10/15/21 Page 9 of 39
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`the-world/, Gene Munster, Will Thompson, Annual Digital Assistant IQ Test – Siri, Google
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`Assistant, Alexa, Cortana (Jul. 25, 2018), available at https://loupventures.com/annual-digital-
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`assistant-iq-test-siri -google-assistant-alexa-cortana/, Extending the assistant (Jan. 29, 2019),
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`available at https://developers.google.com/actions/extending-the-assistant, Voice Browsing (Jan.
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`29, 2019), available at https://www.w3.org/standards/webofdevices/voice, How Search
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`organizes information (Jan. 29, 2019), available at
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`https://www.google.com/search/howsearchworks/crawling-indexing/.
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`31.
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`Google Assistant and/or Samsung Bixby is built-in the Samsung Accused
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`Products including the Samsung Galaxy Note 9. See, e.g.,
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`https://www.samsung.com/us/mobile/galaxy-note9/specs/;
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`https://support.google.com/pixelphone/answer/7157629?hl=en. Samsung provides technical
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`support for the Google Assistant on its websites instructing users, for example, how to use
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`Google Assistant on a voice-enabled device in such a manner that infringes the asserted patents.
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`See, e.g., https://www.samsung.com/us/support/answer/ANS00077672/.
`
`See, e.g., https://www.samsung.com/us/support/answer/ANS00077672/.
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`
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`9
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`Petitioner's Ex. 1026, Page 9
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`Case 6:21-cv-01073-ADA Document 1 Filed 10/15/21 Page 10 of 39
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`See, e.g., https://www.samsung.com/us/support/answer/ANS00077672/.
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`32.
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`Similarly, Samsung provides technical support for Bixby on its websites
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`instructing users, for example, how to use Bixby on a voice-enabled device in such a manner that
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`infringes the asserted patents. See, e.g., https://www.samsung.com/us/support/answer/
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`ANS00080453/ (“Interact with Bixby through voice or text”); https://www.samsung.com/us/
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`support/answer/ANS00080454/ (“Frequently Asked Questions About Bixby”).
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`See, e.g., https://www.samsung.com/us/support/answer/ANS00077672/.
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`33.
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`Some of the Samsung Accused Products utilize the virtual assistant Bixby. For
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`example, the Samsung Galaxy Note 9 comes with Bixby pre-loaded. See e.g.,
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`
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`10
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`Petitioner's Ex. 1026, Page 10
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`Case 6:21-cv-01073-ADA Document 1 Filed 10/15/21 Page 11 of 39
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`https://www.samsung.com/us/mobile/galaxy-note9/specs/. Samsung also includes a page that
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`gives instructions for setting up and using Samsung Bixby.
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`
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`See, e.g., https://www.samsung.com/us/support/answer/ANS00076739/.
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`34.
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`Bixby operates in a manner similar to Google Assistant. Analysis of Bixby will
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`not be duplicated where the analysis of Google Assistant appears.
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`35.
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`The Samsung Accused Products in conjunction with Google Assistant are also
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`systems for retrieving information from pre-selected web sites by uttering speech commands into
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`a voice enabled device. For example, Samsung touts the Google Assistant on its web pages.
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`11
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`Petitioner's Ex. 1026, Page 11
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`Case 6:21-cv-01073-ADA Document 1 Filed 10/15/21 Page 12 of 39
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`See, e.g., https://www.samsung.com/us/support/answer/ANS00077672/.
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`36.
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`The Samsung Accused Products in conjunction with Google Assistant include at
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`least one CPU-based media server. For example, the Samsung Galaxy Note 9 includes an Octa-
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`Core processor. See e.g., https://www.samsung.com/us/mobile/galaxy-note9/specs/.
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`37.
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`The Samsung Accused Products in conjunction with Google Assistant include the
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`media server having at least a speech recognition engine, a speech synthesis engine, an
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`interactive voice response application, a call processing system, and telephony hardware, where
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`the media server is configured to receive a speech command from a user and to convert the
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`speech command into a digital data message and is also configured to receive a speech command
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`from a user and to convert the speech command into a digital data message.
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`38.
`
`For example, Google indicates that the Samsung Accused Products in conjunction
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`with Google Assistant will “[g]et real-time answers including the latest on weather, traffic,
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`finance, or sports” and control your home all with your voice. See e.g.,
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`https://assistant.google.com/platforms/phones/#get-answers;
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`https://assistant.google.com/platforms/phones/#control-your-home.
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`12
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`Petitioner's Ex. 1026, Page 12
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`Case 6:21-cv-01073-ADA Document 1 Filed 10/15/21 Page 13 of 39
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`39.
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`Google Assistant on the Samsung Accused Products retrieves information from
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`pre-selected websites that have already been crawled by the Googlebot.
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`
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`See, e.g., https://support.google.com/webmasters/answer/182072.
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`See, e.g., https://www.google.com/search/howsearchworks/crawling-indexing/.
`
`
`See, e.g., https://searchengineland.com/google-assistant-guide-270312.
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`40.
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`Further, the Samsung Accused Products in conjunction with Google Assistant
`
`include a speech recognition engine, a speech synthesis engine, and an interactive voice response
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`application. For example, the Samsung Accused Products in conjunction with Google Assistant
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`allow a user to talk through the device to send commands to the cloud. The Samsung Accused
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`Products in conjunction with Google Assistant can handle voice commands on the device itself
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`or with help from the cloud. See e.g., https://blog.google/products/pixel/pixel-3-and-device-ai-
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`putting-superpowers-your-pocket/.
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`13
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`Petitioner's Ex. 1026, Page 13
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`Case 6:21-cv-01073-ADA Document 1 Filed 10/15/21 Page 14 of 39
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`See e.g., https://ai.googleblog.com/2018/05/duplex-ai-system-for-natural-conversation.html.
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`See id.
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`41.
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`Additionally, the Samsung Accused Products in conjunction with Google
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`Assistant include call processing systems and telephony hardware, including responding to
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`messages. See, e.g.,
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`14
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`Petitioner's Ex. 1026, Page 14
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`Case 6:21-cv-01073-ADA Document 1 Filed 10/15/21 Page 15 of 39
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`https://play.google.com/store/apps/details?id=com.google.android.apps.googleassistant&hl=en_
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`US&gl=US.
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`42.
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`The Samsung Accused Products in conjunction with Google Assistant include a
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`media server configured to receive a speech command from a user and to convert said speech
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`command into a digital data message.
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`43.
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`For example, the Samsung Accused Products in conjunction with Google
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`Assistant allow a user to talk through the device to send commands to the cloud. See e.g.,
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`https://blog.google/products/pixel/pixel-3-and-device-ai-putting-superpowers-your-pocket/.
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`See e.g., https://blog.google/products/pixel/pixel-3-and-device-ai-putting-superpowers-your-
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`pocket/.
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`15
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`Petitioner's Ex. 1026, Page 15
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`Case 6:21-cv-01073-ADA Document 1 Filed 10/15/21 Page 16 of 39
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`See e.g., https://ai.googleblog.com/2018/05/duplex-ai-system-for-natural-conversation.html.
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`See id.
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`44.
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`The Samsung Accused Products in conjunction with Google Assistant include at
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`least a database containing a list of web sites stored on magnetic media. See, e.g.,
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`https://developers.google.com/search/docs/beginner/how-search-works (discussing crawling and
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`indexing); https://www.google.com/search/howsearchworks/crawling-indexing.
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`45.
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`The Samsung Accused Products in conjunction with Google Assistant include a
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`rank assigned to each one of the web sites and stored in the database. See, e.g.,
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`https://moz.com/blog/how-to-rank-on-google-home (discussing “ranking for voice,” “Google
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`Home is a single-result search device, and featured snippets were designed for exactly this
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`purpose.”); https://www.google.com/search/howsearchworks/algorithms/;
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`https://www.google.com/search/howsearchworks/crawling-indexing; see also
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`https://en.wikipedia.org/wiki/Google_data_centers. In particular, Google Assistant determines
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`ranks for each website to determine from what website to extract responses. See, e.g.,
`
`16
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`Petitioner's Ex. 1026, Page 16
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`

`

`Case 6:21-cv-01073-ADA Document 1 Filed 10/15/21 Page 17 of 39
`
`
`
`https://developers.google.com/assistant/howassistantworks/responses;
`
`https://pedestalsearch.com/seo-rank-google-digital-assistant.
`
`46.
`
`Further, the Samsung Accused Products in conjunction with Google Assistant
`
`include a CPU-based web browsing server that includes at least a content extraction agent, a
`
`content fetcher, a polling and ranking agent, and a content descriptor file. The web browsing
`
`servers of the Samsung Accused Products in conjunction with Google Assistant are configured to
`
`receive a digital data message from the media server and configured to access one of the web
`
`sites having the highest rank and to retrieve information from at least one of the web sites. See,
`
`e.g., https://developers.google.com/assistant/howassistantworks/responses;
`
`https://pedestalsearch.com/seo-rank-google-digital-assistant. See also
`
`https://moz.com/blog/how-to-rank-on-google-home (“Here’s a question that should have a
`
`factual answer, but, for whatever reason, that answer is not available in Google's Knowledge
`
`Graph. So, the answer is extracted from Wikipedia and presented as a featured snippet. It's
`
`interesting to note that the answer (twelve) is pulled out of the paragraph and presented on its
`
`own...”).
`
`47.
`
`The Samsung Accused Products in conjunction with Google Assistant include a
`
`media server configured to generate an audio message representing the information and to
`
`transmit the audio message to a user, as discussed above. For example, the Samsung Galaxy
`
`Note 9 in conjunction with Google Assistant can handle voice commands on the devices
`
`themselves or with help from the cloud and produce an audio response.
`
`17
`
`Petitioner's Ex. 1026, Page 17
`
`

`

`Case 6:21-cv-01073-ADA Document 1 Filed 10/15/21 Page 18 of 39
`
`
`
`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.
`
`48.
`
`For example, the Samsung Accused Products in conjunction with Google
`
`Assistant can handle voice commands and generate an audio message. 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. The
`
`Samsung Accused Products in conjunction with Google Assistant includes said speech synthesis
`
`device configured to produce an audio message containing.
`
`18
`
`Petitioner's Ex. 1026, Page 18
`
`

`

`Case 6:21-cv-01073-ADA Document 1 Filed 10/15/21 Page 19 of 39
`
`
`
`See, e.g., https://assistant.google.com/explore?hl=en_us; see also https://moz.com/blog/how-to-
`
`rank-on-google-home (“Google Home starts with the short answer: ‘Twelve’. Then, it moves on
`
`to attribution: ‘According to Wikipedia...’.” “In this case, we get attribution first (‘According to
`
`Universe Today...’), followed by the full snippet. Even though this snippet is fairly long, Google
`
`Home chooses to read the full contents.”).
`
`49.
`
`The Samsung Accused Products in conjunction with Google Assistant include at
`
`least a polling mechanism configured to periodically send a polling digital data message to each
`
`one of the web sites and to receive a response, such that each web site becomes a polled web site.
`
`The polling mechanism in each of the Samsung Accused Products is configured to decrease the
`
`rank of the polled web site if no response is received from the polled web site and is also
`
`configured to decrease the rank of the polled web site if an unexpected response is received from
`
`the polled web site. The polling mechanism in each of the Samsung Accused Products is also
`
`configured to decrease the rank of the polled web site if a response time of the polled web site is
`
`longer than a second response time of a second polled web site.
`
`50.
`
`For example, the Samsung Accused Products in conjunction with Google
`
`Assistant use a wide variety of polling mechanisms to determine the quality of a webpage and to
`
`change the rank of the site, including using polling digital data message and whether a response
`
`is received from a polled web site. See, e.g.,
`
`https://developers.google.com/search/docs/advanced/guidelines/cloaking;
`
`https://stackoverflow.com/questions/1878364/how-does-google-know-you-are-cloaking;
`
`19
`
`Petitioner's Ex. 1026, Page 19
`
`

`

`Case 6:21-cv-01073-ADA Document 1 Filed 10/15/21 Page 20 of 39
`
`
`
`https://www.google.com/search/howsearchworks/algorithms/ (Quality of content);
`
`https://developers.google.com/search/docs/advanced/guidelines/webmaster-guidelines.
`
`51.
`
`Parus has been damaged by the infringement of one or more claims of the ’705
`
`Patent by Samsung. Parus is entitled to recover from Google the damages sustained by Parus as
`
`a result of Samsung’s wrongful acts.
`
`COUNT II
`
`SAMSUNG’S INFRINGEMENT OF U.S. PATENT NO. 7,386,455
`
`Parus restates and incorporates by reference all of the allegations made in the
`
`52.
`
`preceding paragraphs as though fully set forth herein.
`
`53.
`
`Parus is the owner, by assignment, of the ’455 Patent. A true copy of the ’455
`
`Patent granted by the U.S. Patent & Trademark Office is attached as Exhibit 2.
`
`54.
`
`Samsung has directly infringed, and is continuing to directly infringe, literally or
`
`under the doctrine of equivalents, at least independent claim 1 of the ’455 Patent by making,
`
`using, selling, and/or offering for sale Samsung’s SmartThings technology in conjunction with
`
`Bixby (“SmartThings Accused Products”) in violation of 35 U.S.C. § 271(a).
`
`55.
`
`Upon filing of the complaint or shortly thereafter, Samsung has knowledge of the
`
`’455 Patent.
`
`56.
`
`The Samsung SmartThings Accused Products in conjunction with Bixby perform
`
`a method for controlling at least one remote system by uttering speech commands into a voice-
`
`enabled device. For example, the SmartThings Platform “encompasses all of the components
`
`required to execute the functions and capabilities of the SmartThings ecosystem” and “includes
`
`executing a user’s request, enabling device and cloud-to-cloud communication, running
`
`Automations, monitoring events in a user’s home and in the SmartThings Cloud, and more.”
`
`20
`
`Petitioner's Ex. 1026, Page 20
`
`

`

`Case 6:21-cv-01073-ADA Document 1 Filed 10/15/21 Page 21 of 39
`
`
`
`See, e.g., https://developer-preview.smartthings.com/docs/getting-started/architecture-of-
`smartthings.
`
`
`57.
`
`Further, one can control Samsung appliances/devices or a 3rd party
`
`appliance/device that is integrated with Samsung’s SmartThings technology with Bixby.
`
`See, e.g., https://www.samsung.com/us/explore/bixby/.
`
`
`
`See, e.g., https://www.samsung.com/us/explore/bixby/.
`
`
`
`21
`
`Petitioner's Ex. 1026, Page 21
`
`

`

`Case 6:21-cv-01073-ADA Document 1 Filed 10/15/21 Page 22 of 39
`
`
`
`See, e.g., https://news.samsung.com/us/powered-bixby-smartthings-samsung-unveils-intelligent-
`connected-home/.
`
`
`
`
`See, e.g., https://news.samsung.com/us/powered-bixby-smartthings-samsung-unveils-intelligent-
`connected-home/.
`
`
`
`
`22
`
`Petitioner's Ex. 1026, Page 22
`
`

`

`Case 6:21-cv-01073-ADA Document 1 Filed 10/15/21 Page 23 of 39
`
`
`
`
`
`See, e.g., https://www.samsung.com/us/explore/bixby/.
`
`
`
`58.
`
`In providing the SmartThings Accused Products in conjunction with Bixby,
`
`Samsung provides a computer operatively connected to the internet and further to at least one
`
`speaker-independent speech recognition engine and to at least one speech synthesis engine. For
`
`example, there is a computing element in any of the SmartThings devices that are operatively
`
`connected to the Internet, as well as in Bixby’s cloud-based server architecture with speech
`
`recognition and synthesis technologies.
`
`
`
`23
`
`Petitioner's Ex. 1026, Page 23
`
`

`

`Case 6:21-cv-01073-ADA Document 1 Filed 10/15/21 Page 24 of 39
`
`
`
`See, e.g., https://developer-preview.smartthings.com/docs/getting-started/architecture-of-
`smartthings.
`
`
`See, e.g., https://developer-preview.smartthings.com/docs/getting-started/architecture-of-
`smartthings.
`
`
`59.
`
`Each device in the SmartThings ecosystem includes a computer. See, e.g.,
`
`https://samsung.com/us/mobile/galaxy-s20-5g/specs/.
`
`60.
`
`Further, Bixby includes a speaker-independent speech recognition engine and a
`
`speech synthesis engine.
`
`
`
`
`
`See, e.g., https://news.samsung.com/global/how-bixby-is-ushering-in-a-more-connected-future.
`
`For example, one does not need to train Bixby in order for speech recognition to work and can
`
`instead skip that step. See, e.g., https://verizon.com/support/knowledge-base-213215/.
`
`61.
`
`In Providing the SmartThings Accused Products in conjunction with Bixby,
`
`Samsung provides a voice enabled device operatively connected to said computer, said voice
`
`enabled device configured to receive speech commands from user. For example, the “Bixby’s
`
`voice support…will also allow users to speak to Bixby on one devic