UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`PARUS HOLDINGS INC.,
`Plaintiff,
`v.
`GOOGLE, LLC,
`
`Defendant.
`
`Case No. 6:21-cv-571
`
`JURY TRIAL DEMANDED
`
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`
`PARUS HOLDING INC.’S
`COMPLAINT FOR PATENT INFRINGEMENT
`Plaintiff Parus Holdings Inc. (“Parus” or “Plaintiff”) brings this Complaint for patent
`infringement (“Complaint”) and for a Jury Trial against Google, LLC (“Google” or “Defendant”).
`Parus alleges as follows:
`
`THE PARTIES
`Plaintiff Parus Holdings Inc. is a Delaware corporation having its principal place of
`1.
`business at 3000 Lakeside Drive, Suite 110S, Bannockburn, IL 60015.
`2.
`Parus is the owner by assignment of U.S. Patent No. 6,721,705 (“the ’705 Patent”),
`U.S. Patent No. 7,881,941 (“the ’941 Patent”), and U.S. Patent No. 7,386,455 (“the ’455 Patent”)
`(collectively, “the Asserted Patents”).
`3.
`Defendant Google LLC is a Delaware corporation with a principal place of business
`located at 1600 Amphitheatre Parkway, Mountain View, California 94043.
`4.
`Google is registered to do business in Texas and can be served via its registered agent,
`Corporation Service Company dba CSC – Lawyers Incorporating Service Company at 211 East 7th
`Street, Suite 620, Austin, Texas 78701-3218.
`5.
`Google maintains a permanent physical presence within the Western District of Texas,
`conducting business from at least its locations at: 9606 North Mo-Pac Expressway, Suite 700, Austin,
`
`Case No. 6:21-cv-571
`
`1
`
`COMPLAINT
`
`Petitioner's Ex. 1027, Page 1
`
`

`

`Texas 78759; 500 West 2nd Street, Suite 2000, Austin, Texas 78701; 4100 Smith School Road, Austin,
`Texas 78744; as well as other locations in and around the Austin area.
`6.
`Google has also recently signed a lease for an entire 35-story tower under construction
`at West Cesar Chavez and Nueces streets in downtown Austin, Texas.
`7.
`Google currently employs more than 800 people in Austin, Texas.
`8.
`Google has placed or contributed to placing infringing products, including but not
`limited to the Google Pixel 3, 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, Google also has derived substantial
`revenues from infringing acts in the Western District of Texas, including from the sale and use of
`infringing products including but not limited to the Google Pixel 3.
`9.
`Google had constructive notice of the Asserted Patents based on Parus’s marking at
`least as of 2014.
`
`JURISDICTION AND VENUE
`This is an action for patent infringement arising under the patent laws of the United
`10.
`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).
`11.
`This Court has specific personal jurisdiction over Defendant at least in part because
`Defendant conducts business in this Judicial District. Parus’s causes of action arise, at least in part,
`from Defendant’s 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 Asserted Patents.
`12.
`Defendant has 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.
`13.
`Venue is proper in this Judicial District pursuant to 28 U.S.C. § 1400(b). Venue is
`proper for Google because (1) it has regular and established place of business in this Judicial District
`
`Case No. 6:21-cv-571
`
`2
`
`COMPLAINT
`
`Petitioner's Ex. 1027, Page 2
`
`

`

`and (2) it has committed and continues 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 Asserted Patents.
`BACKGROUND
`14.
`Founded in 1997, Parus provides innovative solutions to businesses and individuals,
`enabling thousands of professionals to stay in touch and in control of their communications. Its
`patented, voice-driven applications, deep understanding of the needs and challenges of the market,
`and passion for unsurpassed customer service have kept Parus at the forefront of the unified
`communications industry for more than twenty years. Parus is a pioneer in this space, offering voice-
`driven unified communications and voice assistant solutions, including messaging, voice search,
`collaboration, presence and real-time communications for mobile communities and businesses.
`15.
`On information and belief, Google was founded in 1996 and currently offers a variety
`of services and products, including, inter alia, search-engine services, consumer-level web-based
`services (i.e., “Gmail”), software (including the Android operating system and Chrome browser),
`hardware (including the Pixel smartphone, Chromecast devices, and Nest devices), enterprise services,
`internet services, and other e-commerce services. See, e.g., https://about.google/products/. Alphabet1
`reported
`$56.9
`billion
`in
`revenue
`in
`the
`fourth
`quarter
`of
`2020.
`
`See
`https://abc.xyz/investor/static/pdf/2020Q4_alphabet_earnings_release.pdf.
`16.
`Google has incorporated Parus’s technology into its products and offerings without
`authorization.
`
`THE ASSERTED PATENTS
`17.
`The ’705 Patent, ’941 Patent, and ’455 Patent are related and share a specification. The
`’705 Patent, ’941 Patent, and ’455 Patent relate to “robust and highly reliable” systems for users to
`search the internet using voice-enabled devices. ’705 Patent at 1:15–16.2 At the time of the invention,
`users were limited in the devices they could use to conduct web searches (i.e., conventional computers,
`
`
`1 Google was restructured with Alphabet as its parent company in 2015. Google is a wholly owned
`subsidiary of Alphabet. https://abc.xyz/investor/founders-letters/2015/.
`2 For clarity, these citations are to the ’705 Patent specification, but similar disclosures are present for
`each of the ’941 Patent and ’455 Patent.
`Case No. 6:21-cv-571
`
`
`
`3
`
`COMPLAINT
`
`Petitioner's Ex. 1027, Page 3
`
`

`

`PDAs, or web-phones/web-pagers). As explained in the specification, these devices had numerous
`limitations, including (i) the form of the devices, their portability, and their ability to connect to the
`Internet; (ii) the compatibility of the devices with particular web site designs; and (iii) the devices’
`responsiveness to rapid changes in website content (e.g., “[t]he design of the web site may change, the
`information required by the web site in order to perform searches may change, and the method of
`reporting search results may change”). Id. at 1:25–2:52. Therefore, there was a need for a system that
`could “detect modifications to web sites and adapt to such changes in order to quickly and accurately
`provide the information requested by a user through a voice enabled device.” Id. at 2:32–36.
`18.
`Voice-enabled searches of the Internet present several unique technological hurdles.
`For example, unlike regular browser-based or application-based searches, a voice-enabled device must
`limit its results because a user simply cannot listen to an entire page worth of search results. See id.
`at 2:36–52. Voice users are especially sensitive to latency and expect immediate responses to their
`search requests. Id. Indeed, rapid responses are an essential feature of a voice system’s desirability
`and usability. Id. And “[a] system that introduces too much delay between the time a user makes a
`request and the time of response will not be tolerated by users and will lose its usefulness.” Id. at
`2:43–46.
`19.
`The inventors of the Asserted Patents were thus presented with a technical problem:
`how to quickly provide complete, timely, and relevant web site search results to voice-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 concrete ways of solving the technical
`problems presented by voice-based internet searching, developing a robust, innovative system to
`provide quick, reliable results to the voice-based user that can access web sites in a ranked order in
`response to a voice request, and discover new web sites using, inter alia, content extraction, pinging,
`polling, and ranking. See, e.g., id. at 6:58–7:30, 17:48–18:4, 19:3–21.
`20.
`The claims of these patents vary in scope, and no single claim is representative of all
`the Asserted Patents or their claims. For example, the ’705 Patent concerns how to determine from
`which website to retrieve information in response to a speech command from a pre-selected web site
`using a specific polling and ranking mechanism. See, e.g., ’705 Patent at 20:3–17. The ’705 patent
`
`Case No. 6:21-cv-571
`
`
`
`4
`
`COMPLAINT
`
`Petitioner's Ex. 1027, Page 4
`
`

`

`further claims a “content extraction agent,” a “content descriptor,” and a “content fetcher.” See, e.g.,
`id. at 19:60–67. The specification describes and gives descriptions of these features, 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 descriptor” as “direct[ing] the
`extraction agent where to extract data from the accessed web page and how to format a response to
`the user utilizing that data;” and a “content fetcher” as “retriev[ing] information from a web site.” Id.
`at 7:2–28, 9:35–37.
`21.
`For another example, the ’941 Patent concerns how to determine from which website
`to retrieve information in response to a speech command from pre-selected web sites by sequentially
`accessing at least some of the pre-selected web sites. ’941 Patent at 19:30–34, 20:45–48. The ’941
`Patent claims that the pre-selected web sites can be ranked and describes a number of ways to order
`those sites. See, e.g., id. at 20:16–40, 21:1–4. The ’941 Patent further claims a “content descriptor,”
`which the specification describes, for example, as “direct[ing] the extraction agent where to extract
`data from the accessed web page and how to format a response to the user utilizing that data.” Id. at
`20:11–15, 20:65–67; 7:8–28.
`22.
`For another example, the ’455 Patent concerns controlling online functionality and
`items in a remote system using audio commands and grammar. See, e.g., ’455 Patent at 19:40–42.
`The patent further claims using polling mechanisms to determine operability. See, e.g., id. at 16:42–
`65, 20:548–51.
`23.
`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
`evidence, including testimony from expert witnesses.
`GOOGLE’S INFRINGING PRODUCTS AND SERVICES
`24.
`Upon information and belief, Google has infringed and continues to infringe, directly
`and indirectly, one or more claims of the Asserted Patents, as shown below, acting through the Android
`operating system, including Google Assistant, as implemented on Google devices, including Pixel
`devices, Nest devices, Chromecast devices, Pixelbook devices, and Fitbit devices, including but are
`not limited to, Google’s Pixel phones, including the Pixel C, Pixel, Pixel XL, Pixel 2, Pixel 2 XL,
`
`Case No. 6:21-cv-571
`
`
`
`5
`
`COMPLAINT
`
`Petitioner's Ex. 1027, Page 5
`
`

`

`Pixel 3, Pixel 3 XL, Pixel Slate, Pixel 3a, Pixel 3a XL, Pixel 4, Pixel 4 XL, Pixel 4a, Pixel 4a with 5G,
`Pixel 5 (collectively, “the Pixel Products”)3; Google’s line of Nest products, including Nest
`thermostats, Nest cameras, Next Hello video doorbell, Nest Secure alarm system, Google Nest Hub
`Max, Nest Mini, and Nest x Yale lock, including older generations of these products, such as Google
`Home, Google Home Mini, and Google Home Max (collectively, “the Nest Products”)4; Google’s
`Chromecast devices (collectively, “the Chromecast Products”); Google’s Pixelbook and Pixelbook Go
`devices5 (collectively, “the Pixelbook Products”); Google’s Fitbit devices (collectively, “the Fitbit
`Products”); Google’s Stadia Controller (“the Stadia Controller”); and Google’s Google Glass
`(“Google Glass”) (collectively, “the Google Accused Products”).6 On information and belief, Google
`has released different versions of the Pixel Products, the Nest Products, the Chromecast Products, the
`Pixelbook Products, the Fitbit Products, the Stadia Controller, and Google Glass, but on information
`and belief, each of these products infringed through use of Google Assistant at least since Google
`Assistant’s release in 2016.7
`
`COUNT I
`GOOGLE’S INFRINGEMENT OF U.S. PATENT NO. 6,721,705
`25.
`Parus restates and incorporates by reference all of the allegations made in the preceding
`paragraphs as though fully set forth herein.
`26.
`Parus is the owner, by assignment, of the ’705 Patent. A true copy of the ’705 Patent
`granted by the U.S. Patent & Trademark Office is attached as Exhibit 1.
`27.
`Defendant Google has directly infringed, and is continuing to directly infringe, literally
`or under the doctrine of equivalents, at least independent claim 1 of Parus’s ’705 Patent by making,
`using, selling, and/or offering for sale the Google Accused Products, including at least the Pixel
`Products, the Nest Products, the Chromecast Products, and the Fitbit Products operating the Android
`
`
`3 https://support.google.com/assistant/answer/9475056?co=GENIE.Platform%3DAndroid&hl=en#:~
`:text=The%20new%20Google%20Assistant%20is,more%20with%20just%20your%20voice.
`4 https://support.google.com/googlenest/answer/9325085?hl=en.
`5 https://support.google.com/pixelbook/answer/9501142?hl=en#:~:text=Get%20to%20know%20the
`%20basics.%20First%2C%20get%20familiar,conversation%20with%20your%20Google%20Assista
`nt%20in%20laptop%20mode.
`6 https://support.google.com/stadia/answer/9592823?hl=en.
`7 https://www.techrepublic.com/article/google-assistant-the-smart-persons-guide/.
`Case No. 6:21-cv-571
`6
`
`COMPLAINT
`
`
`
`Petitioner's Ex. 1027, Page 6
`
`

`

`operating system, including Google Assistant, in the United States, and operating through the Google
`Accused Products operating the Android operating system in violation of 35 U.S.C. § 271(a).
`28.
`Upon filing of the complaint or shortly thereafter, Defendant Google has knowledge of
`the ’705 Patent.
`29.
`Google’s acts of direct infringement of the ’705 Patent 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.
`30.
`The Google Accused Products in conjunction with Google Assistant form an internet
`voice browsing system for gathering information from Web sites on the Internet. The following
`exemplary documents provide support to demonstrate how the Google Accused Products in
`conjunction with Google Assistant practice at least claim 1 of the ’705 Patent: Andrew Nusca, How
`voice
`recognition will
`change
`the world
`(Nov.
`4,
`2011),
`at
`available
`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),
`at
`https://loupventures.com/annual-digital-assistant-iq-test-siri-googleassistant-alexa-
`available
`cortana/,
`Extending
`the
`assistant
`(Jan.
`29,
`2019),
`available
`at
`https://developers.google.com/actions/extending-the-assistant, and 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/;
`see also https://money.cnn.com/2017/04/20/technology/google-home-voice-recognition/index.html;
`https://www.cnet.com/home/smart-home/every-google-assistant-command-for-your-nest-speaker-or-
`display; https://www.fitbit.com/global/us/technology/voice.
`31.
`The Google Accused Products in conjunction with Google Assistant include at least
`CPU-based
`media
`server.
`
`e.g.,
`one
`See,
`https://support.google.com/pixelphone/answer/7157629?hl=en;
`https://support.google.com/pixelphone/answer/7158570?hl=en#zippy=%2Cpixel;
`https://support.google.com/googlenest/answer/7072284?hl=en#zippy=%2Cgoogle-nest-
`hub%2Cgoogle-home;
`https://arstechnica.com/gadgets/2018/10/google-home-hub-review-a-
`
`Case No. 6:21-cv-571
`
`
`
`7
`
`COMPLAINT
`
`Petitioner's Ex. 1027, Page 7
`
`

`

`minimum-viable-product-with-potential; https://www.smartwatchspecifications.com/Products/fitbit-
`versa-3-smart-watch-specs-review.
`32.
`The Google Accused Products in conjunction with Google Assistant include the media
`server having at least a speech recognition engine, a speech synthesis engine, an interactive voice
`response application, a call processing system, and telephony hardware, where the media server is
`configured to receive a speech command from a user and to convert the speech command into a digital
`data message and is also configured to receive a speech command from a user and to convert the
`speech command into a digital data message.
`33.
`For example, Google Assistant is built-in to the Google Accused Products, including
`the Pixel Products,
`the Nest Products,
`and
`the Fitbit Products.
` See,
`e.g.,
`https://assistant.google.com/platforms/phones/;
`https://money.cnn.com/2017/04/20/technology/google-home-voice-recognition/index.html;
`https://www.cnet.com/home/smart-home/every-google-assistant-command-for-your-nest-speaker-or-
`display; https://www.fitbit.com/global/us/technology/voice
`34.
`For example, the Pixel Products with Google Assistant include both a top and bottom
`microphone. See, e.g., https://support.google.com/pixelphone/answer/7157629?hl=en. One or more
`of the Nest Products and the Fitbit Products similarly include microphones and audio output devices.
`https://money.cnn.com/2017/04/20/technology/google-home-voice-recognition/index.html;
`https://www.cnet.com/home/smart-home/every-google-assistant-command-for-your-nest-speaker-or-
`display; https://www.fitbit.com/global/us/technology/voice.
`35.
`The Google Accused Products in conjunction with Google Assistant are also systems
`for retrieving information from pre-selected web sites by uttering speech commands into a voice
`enabled device. For example, Google touts the Google Assistant on its web pages.
`
`Case No. 6:21-cv-571
`
`
`
`8
`
`COMPLAINT
`
`Petitioner's Ex. 1027, Page 8
`
`

`

`
`
`See, e.g., https://store.google.com/us/category/phones?hl=en-US.
`
`
`36.
`For example, Google indicates that the Pixel devices 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.”
`
`e.g.,
`See
`https://www.blog.google/products/pixel/google-pixel-3.
`37.
`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.
`Case No. 6:21-cv-571
`9
`
`
`
`COMPLAINT
`
`
`
`
`
`
`
`Petitioner's Ex. 1027, Page 9
`
`

`

`
`
`38.
`Additionally, the Google Accused Products include call processing systems and
`hardware,
`including
`responding
`to
`messages.
`
`e.g.,
`telephony
`See,
`https://www.businessinsider.com/can-google-home-make-phone-calls;
`https://support.google.com/googlenest/answer/9465808?co=GENIE.Platform%3DAndroid&hl=en-
`AU.
`
`39.
`The Google Accused Products in conjunction with Google Assistant include at least a
`database containing a
`list of web
`sites
`stored on magnetic media.
` See, e.g.,
`https://developers.google.com/search/docs/beginner/how-search-works (discussing crawling and
`indexing); https://www.google.com/search/howsearchworks/crawling-indexing.
`40.
`The Google Accused Products in conjunction with Google Assistant include a rank
`assigned to each one of the web sites and stored in the database. See, e.g., https://moz.com/blog/how-
`to-rank-on-google-home (discussing “ranking for voice,” “Google Home is a single-result search
`device,
`and
`featured
`snippets were
`designed
`for
`exactly
`this
`purpose.”);
`https://www.google.com/search/howsearchworks/algorithms/;
`also
`
`https://www.google.com/search/howsearchworks/crawling-indexing;
`see
`https://en.wikipedia.org/wiki/Google_data_centers. In particular, Google Assistant determines ranks
`for each website
`to determine from what website
`to extract responses.
` See, e.g.,
`https://developers.google.com/assistant/howassistantworks/responses;
`https://pedestalsearch.com/seo-rank-google-digital-assistant.
`41.
`For example, the Google 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
`Google Accused Products 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.
`
`e.g.,
`See,
`https://developers.google.com/assistant/howassistantworks/responses;
`https://pedestalsearch.com/seo-rank-google-digital-assistant. See also https://moz.com/blog/how-to-
`
`Case No. 6:21-cv-571
`
`
`
`10
`
`COMPLAINT
`
`Petitioner's Ex. 1027, Page 10
`
`

`

`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...”).
`42.
`The Google 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 Google Accused Products in conjunction
`with Google Assistant can handle voice commands on the devices themselves 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/.
`
`
`See, e.g., https://ai.googleblog.com/2018/05/duplex-ai-system-for-natural-conversation.html.
`
`
`
`
`Case No. 6:21-cv-571
`
`
`
`11
`
`COMPLAINT
`
`Petitioner's Ex. 1027, Page 11
`
`

`

`43.
`For example, the Google Accused Products in conjunction with Google Assistant can
`voice
`commands
`and
`generate
`an
`audio message.
`
`e.g.,
`handle
`See,
`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 Google
`Accused Products in conjunction with Google Assistant includes said speech synthesis device
`configured to produce an audio message containing.
`
`
`
`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.”).
`44.
`The Google Accused Products in conjunction with Google Assistant includes 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 Google 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 Google 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.
`45.
`For example, the Google 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;
`
`Case No. 6:21-cv-571
`
`
`
`12
`
`COMPLAINT
`
`Petitioner's Ex. 1027, Page 12
`
`

`

`content);
`
`of
`(Quality
`https://www.google.com/search/howsearchworks/algorithms/
`https://developers.google.com/search/docs/advanced/guidelines/webmaster-guidelines.
`46.
`In addition to directly infringing the ’705 Patent, Google indirectly infringes the ’705
`Patent pursuant to 35 U.S.C. §§ 271(b) and (c). On information and belief, in certain circumstances,
`client devices and software (e.g., computers, devices, and software used by end users) directly infringe
`the ’705 Patent through the use of the Google Accused Products in conjunction with Google Assistant,
`as shown above. Google has had actual knowledge of the ’705 Patent since at least 2009. Since that
`time, and at least by the time of trial, Google will have known and intended (since receiving such
`notice) that their continued actions would actively induce the infringement of the claims of the ’705
`Patent.
`47.
`On information and belief, Google actively induces infringement of one or more claims
`of the ’705 Patent as of 2009, and no later than the filing date of this Complaint, and will continue to
`actively induce infringement of one or more claims of the ’705 Patent, under 35 U.S.C. § 271(b), by
`actively encouraging and instructing and continuing to actively encourage and instruct its customers
`and users to perform, as described above, the claims of the ’705 Patent through use of the Google
`Accused Products. Google, by instructing, directing and/or requiring others, including customers,
`purchasers, users and developers, to perform one or more of the steps of the claims, either literally or
`under the doctrine of equivalents, of the ’705 Patent, where the claims are performed by either Google,
`its customers, purchasers, users, and developers, or some combination thereof. Google knew or should
`have known that it was inducing others, including customers, purchasers, users, and developers, to
`infringe by practicing one or more of the claims of the ’705 Patent.
`48.
`Upon information and belief, Google knowingly and actively aided and abetted the
`direct infringement of the ’705 Patent by instructing and encouraging its customers, purchasers, users,
`and developers to use the ’705 Patent methods and technology. Google provides technical support for
`Google Assistant on its websites instructing users, for example, how to use Google Assistant on the
`Google Accused Products in such a manner that infringes the claims of the ’705 Patent. 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.”);
`
`Case No. 6:21-cv-571
`
`
`
`13
`
`COMPLAINT
`
`Petitioner's Ex. 1027, Page 13
`
`

`

`https://assistant.google.com/platforms/devices/
`https://dgit.com/google-home-assistant-54475/;
`(“Google Assistant now in even more devices,” “Just start with ‘Hey Google’ to quickly get answers”);
`https://assistant.google.com/. These instructions of encouragement include, but are not limited to,
`using the Google Accused Products as described in the claims of the ’705 Patent, in advertising and
`promoting the use of the ’705 Patent’s claimed technology, and as further described above.
`49.
`Google has also infringed, and continues to infringe, claims of the ’705 Patent by
`offering to commercially distribute, commercially distributing, making and/or importing the Google
`Accused Products, which are used in practicing the process, or using the systems, of the ’705 Patent,
`and constitute a material part of the invention. Google knows the components in the Google Accused
`Products to be especially made or especially adapted for use in infringement of the ’705 Patent, not a
`staple article, and not a commodity of commerce suitable for substantial non-infringing use. For
`example, the ordinary way of using the Google Accused Products infringes the patent claims, and as
`such, is especially adapted for use in infringement as set forth above. Accordingly, Google has been,
`and currently is, contributorily infringing the ’705 Patent in violation of 35 U.S.C. § 271(c).
`50.
`On information and belief, to the extent Google was not aware that it was encouraging
`its customers and end users to infringe the ’705 Patent, or contributing to such infringement, its lack
`of knowledge was based on being willfully blind to the possibility that its acts would cause
`infringement.
`51.
`Parus has been damaged by the infringement of one or more claims of the ’705 Patent
`by Google. Parus is entitled to recover from Google the damages sustained by Parus as a result of
`Google’s wrongful acts.
`52.
`The infringement by Google of the ’705 Patent was deliberate and willful, entitling
`Parus to increased damages under 35 U.S.C. § 284 and to attorneys’ fees and costs incurred in
`prosecuting this action under 35 U.S.C. § 285.
`COUNT II
`GOOGLE’S INFRINGEMENT OF U.S. PATENT NO. 7,881,941
`53.
`Parus restates and incorporates by reference all of the allegations made in the preceding
`paragraphs as though fully set forth herein.
`
`Case No. 6:21-cv-571
`
`
`
`14
`
`COMPLAINT
`
`Petitioner's Ex. 1027, Page 14
`
`

`

`54.
`Parus is the owner, by assignment, of the ’941 Patent. A true copy of the ’941 Patent
`granted by the U.S. Patent & Trademark Office is attached as Exhibit 2.
`55.
`Google has directly infringed, and is continuing to directly infringe, literally or under
`the doctrine of equivalents, at least independent claim 1 of the ’941 Patent by making, using, selling,
`and/or offering for sale Google Accused Products, including the Pixel Products, operating the Android
`operating system, including Google Assistant, in the United States, and operating through the Pixel
`Products operating the Android operating system in violation of 35 U.S.C. § 271(a).
`56.
`Upon filing of the complaint or shortly thereafter, Google has knowledge of the ’941
`
`Patent.
`
`57.
`Google’s acts of direct infringement of the ’941 Patent 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.
`58.
`The Google Accused Products in conjunction with Google Assistant perform a method
`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 the voice enabled
`device. The following exemplary documents provide support to demonstrate how the Google Accused
`Products in conjunction with Google Assistant practice at least claim 1 of the ’941 Patent: 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),
`at
`https://loupventures.com/annual-digital-assistant-iq-test-siri-googleassistant-alexa-
`available
`cortana/,
`Extending
`the
`assistant
`(Jan.
`29,
`2019),
`available
`at
`https://developers.google.com/actions/extending-the-assistant, and Voice Browsing (Jan. 29, 2019),
`available at https://www.w3.org/standards/webofdev