Case 6:22-cv-00350 Document 1 Filed 04/01/22 Page 1 of 20
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`ECOFACTOR, INC.,
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
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`Case No.:
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`JURY TRIAL DEMANDED
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`v.
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`GOOGLE LLC,
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`Plaintiff,
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`Defendant.
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`COMPLAINT FOR PATENT INFRINGEMENT AGAINST
`GOOGLE LLC
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`This is an action for patent infringement arising under the Patent Laws of the United States
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`of America, 35 U.S.C. § 1 et seq., in which Plaintiff EcoFactor, Inc. (“Plaintiff” or “EcoFactor”)
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`makes the following allegations against Defendant Google LLC (“Defendant”):
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`INTRODUCTION
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`1.
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`This complaint arises from Defendant’s unlawful infringement of the following
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`United States patents owned by EcoFactor: U.S. Patent Nos. 8,019,567 (“’567 Patent”);
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`10,612,983 (“’983 Patent”); 8,596,550 (“’550 Patent”); and 8,886,488 (“’488 Patent”)
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`(collectively, the “Asserted Patents”). EcoFactor owns all right, title, and interest in each of the
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`Asserted Patents. EcoFactor notes that Defendant filed a declaratory judgment action against these
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`same patents that was stayed almost immediately after the case was filed. See Google LLC v.
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`EcoFactor, Inc., Case No. 5:21-cv-01468 (N.D. Cal.). However, this case is the appropriate vehicle
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`for adjudicating the parties’ dispute—not Defendant’s declaratory judgment action.
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`2.
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`EcoFactor is a privately held company, having its principal place of business at 441
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`California Avenue, Number 2, Palo Alto, CA 94301. EcoFactor was founded in 2006 and is
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`headquartered in Palo Alto, California. EcoFactor is a leader in smart home energy management
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`6:22-cv-00350
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`services. EcoFactor delivers smart home energy management services that improve energy
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`efficiency, reduce energy bills and vastly increase demand response efficacy – all while
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`maintaining consumer comfort. EcoFactor’s patented big-data analytics and machine learning
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`algorithms collect and process massive amounts of residential data – including home
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`thermodynamics, family comfort preferences and schedules, plus external data such as weather –
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`to continually monitor, adapt and learn for optimum energy savings. The company provides
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`homeowners significant cost savings and energy usage benefits. EcoFactor’s award-winning
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`service has been offered through channel partners such as utilities, energy retailers, broadband
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`service providers and HVAC companies.
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`3.
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`EcoFactor transformed how homes use energy by applying advanced analytics to
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`connected devices in the home. EcoFactor developed a suite of software known as the “EcoFactor
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`Platform” that incorporates EcoFactor’s patented data analytics and machine learning algorithms,
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`as well as EcoFactor’s award-winning smart HVAC control technologies. The EcoFactor Platform
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`is software that runs on servers, including cloud servers, in the United States, and provides service
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`to customers in the United States. The source code of the EcoFactor Platform, including for
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`example the platform, quant, and mobile application source code, that comprises the EcoFactor
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`Platform was designed by, created by, and is continuously maintained and improved by EcoFactor
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`employees working in the United States. The EcoFactor Platform actively manages thermostats on
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`occupants’ behalf in intelligent ways that improve comfort while helping them save time, energy
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`and money. Utilities, home service providers and homeowners rely on EcoFactor for demand
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`response, energy efficiency, and HVAC performance monitoring services. The EcoFactor Platform
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`includes the software that practices EcoFactor’s patents on these features. For example, the
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`EcoFactor Platform includes EcoFactor’s patented techniques for monitoring the health and
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`performance of HVAC systems over time, smart thermostat scheduling to improve energy savings
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`and optimize comfort for occupants, and thermodynamic modeling of the user’s home and HVAC
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`system to enable dynamic pre-cooling and pre-heating to further improve comfort, save energy, or
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`both, by creating comfortable schedules that also shift energy usage out of periods of peak energy
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`demand.
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`4.
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`The patented innovations at issue in this action were invented by EcoFactor
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`engineers and researchers. EcoFactor has played a significant role in the development and
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`advancement of such improvements to energy management technology—and the domestic market
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`for them. EcoFactor has expended tens of millions of dollars of research and development and
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`technical services and support in the United States. In recent years, an explosion of imported
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`products that infringe EcoFactor’s innovative Asserted Patents has significantly eroded
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`EcoFactor’s market standing. This infringement action is about several patented improvements to
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`smart thermostat systems, smart HVAC systems, and smart HVAC control systems—which took
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`years of research and millions of dollars in U.S. investments to develop, and which are infringed
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`by Defendant’s accused products.
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`PARTIES
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`5.
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`Plaintiff EcoFactor is a privately held company, having its principal place of
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`business at 441 California Avenue, Number 2, Palo Alto, CA 94301. EcoFactor was founded in
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`2006 and is headquartered in Palo Alto, California. EcoFactor is the sole owner of all right, title,
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`and interest in each Asserted Patents.
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`6.
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`Google LLC is a wholly-owned subsidiary of Alphabet, Inc, and a Delaware limited
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`liability company with a principal place of business at 1600 Amphitheatre Parkway, Mountain
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`View, California 94043. Google LLC operates a division named Google Nest (“Nest”) which, on
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`information and belief, designs and manufactures, among other things, smart Thermostats. Google
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`LLC may be served with process through its registered agent, the Corporation Service Company,
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`at 211 East. 7th Street, Suite 620, Austin, Texas 78701. Google LLC is registered to do business
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`in the State of Texas and has been since at least November 17, 2006.
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`JURISDICTION AND VENUE
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`7.
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`This action arises under the patent laws of the United States, Title 35 of the United
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`States Code. This Court has original subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331 and
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`1338(a).
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`8.
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`This Court has personal jurisdiction over Defendant in this action because
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`Defendant has committed acts within this District giving rise to this action, and has established
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`minimum contacts with this forum such that the exercise of jurisdiction over Defendant would not
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`offend traditional notions of fair play and substantial justice. Defendant, directly and through
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`subsidiaries or intermediaries, has committed and continue to commit acts of infringement in this
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`District by, among other things, importing, offering to sell, and selling products that infringe the
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`Asserted Patents.
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`9.
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`Venue is proper in this District under 28 U.S.C. § 1400(b). Upon information and
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`belief, Defendant has transacted business in this District and has committed acts of direct and
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`indirect infringement in this District by, among other things, making, using, offering to sell,
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`selling, and importing products that infringe the asserted patents. Defendant has at least one regular
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`and established place of business in the District. For example, Google invested $20 million to build
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`a corporate office at 500 West 2nd Street, Austin, Texas 78701. Further, this District has a
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`significant interest in this case. In addition to Defendant’s long-standing presence in this District,
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`Defendant’s employees in this District have relevant knowledge about the accused products and
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`services, including Defendant’s software engineers as well as Defendant’s employees responsible
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`for maintaining energy industry partnerships with local energy companies (e.g., Austin Energy)
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`who collaborate with Defendant to offer “smart” thermostat products and services to customers in
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`this District, including products and services that are accused of infringing the Asserted Patents.
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`THE TECHNOLOGY AND PRODUCTS AT ISSUE
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`10.
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`The products accused of infringing one or more of the Asserted Patents are smart
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`thermostat systems, smart HVAC systems, smart HVAC control systems, and all components
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`(including accessories) thereof offered for sale by Defendant.
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`11.
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`The Accused Products include thermostat systems that connect to and control an
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`HVAC system, they include smart HVAC systems, and they include components of such systems
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`such as, for example, hubs, panels, and remote sensors. Defendant’s smart thermostat devices
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`communicate over a network with other devices and systems offered by Defendant. Defendant’s
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`smart thermostat devices connect to the network managed by Defendant via the Internet. For
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`example, the smart thermostats connect to Defendant’s networked servers and data centers, online
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`interfaces, and related accessories.
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`12. When connected as designed, the Accused Products form a smart thermostat
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`system, smart HVAC system, and/or smart HVAC control system. Defendant’s smart thermostat
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`systems are “smart” because they are designed to connect to Defendant’s servers and data centers
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`(including, e.g., cloud-based servers and backend support), related online interfaces (including,
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`e.g., mobile apps and web portals), and related accessories (e.g., remote temperature sensors), upon
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`importation in the United States, and these connections provide additional “smart” features beyond
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`the capabilities of a traditional thermostat. Further, Defendant’s smart thermostat systems are
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`“smart” because they support and are marketed as providing features to end users that analyze
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`thermostat and HVAC system data gathered by the smart thermostat systems.
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`13.
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`Defendant’s smart thermostats are installed in the customer’s home, and they
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`connect to Defendant’s related servers, cloud systems, and remote interfaces. The smart thermostat
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`devices, such as Nest Thermostat, Nest Learning Thermostat Third Generation, or Nest Thermostat
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`E, constitute the “frontend” of the smart thermostat system, smart HVAC system, and/or smart
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`HVAC control system. Such smart thermostat devices can be programmed using the servers and
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`the network maintained by Defendant and which form the “backend” for the smart thermostat.
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`Such smart thermostat systems can be programmed remotely with a web or mobile application
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`offered by Defendant. The web or mobile application communicates with the smart thermostat via
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`computer servers or data centers managed by Defendant, who sells and imports the smart
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`thermostat. Defendant allows an end user to use a web or mobile application on a mobile phone,
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`tablet, laptop, or other computing device to control the smart thermostat systems, such as by
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`adjusting temperature settings. Defendant’s smart thermostat systems also communicate data using
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`the network. For example, Defendant’s smart thermostat systems send and receive temperature
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`data and/or temperature settings using the network.
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`14.
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`Defendant’s Accused Products, when used in the ordinary manner as advertised and
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`encouraged by Defendant, offer many “smart” features not possible with a traditional thermostat.
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`For example, Defendant’s Accused Products have features for smarter scheduling, which can save
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`homeowners energy and improve their comfort. As another example, Defendant’s Accused
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`Products have features for HVAC performance monitoring, which can alert homeowners about
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`problems with the HVAC system. Defendant’s Accused Products also allow Defendant to partner
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`with energy companies, such as Austin Energy, to provide additional energy features and benefits
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`to customers. Defendants and/or these energy partners offer rebates and energy savings benefits to
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`customers who participate in “smart” energy savings features of the Accused Products. Defendant
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`collaborates with and maintains partnerships with energy companies such as Austin Energy. See
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`https://support.google.com/googlenest/answer/11458242. The practice of technology protected by
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`EcoFactor’s patents is directly relevant to Defendant’s activities in providing such benefits to
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`customers in this District.
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`15.
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`Defendant’s Accused Products are designed and specially made and adapted to
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`infringe claims of the Asserted Patents and to embody a material part of the claimed inventions.
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`The Accused Products are installed and used in the United States according to Defendant’s design
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`and instructions. Defendant has knowledge as well as notice of its infringement of each asserted
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`patent at least as of February 2021. Defendant knowingly induces and encourages the use of the
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`Accused Products in the United States in a manner that infringes the asserted claims of the Asserted
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`Patents. Defendant infringes the Asserted Patents directly, through making, using, selling, and/or
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`offering for sale the Accused Products. Defendant also infringes the Asserted Patents indirectly,
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`both for example through contributory infringement as well as through induced infringement. The
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`infringement of the Asserted Patents is also attributable to Defendant. Defendant and/or users of
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`the Accused Products directs and controls use of the Accused Products to perform acts that result
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`in infringement the Asserted Patents, conditioning benefits on participation in the infringement
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`and establishing the timing and manner of the infringement.
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`COUNT I
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`INFRINGEMENT OF U.S. PATENT NO. 8,019,567
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`16.
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`Plaintiff realleges and incorporates by reference the foregoing paragraphs as if fully
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`set forth herein.
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`17.
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`Plaintiff owns all rights, title, and interest in United States Patent No. 8,019,567,
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`titled “System and method for evaluating changes in the efficiency of an HVAC system.” The ’567
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`Patent was duly and legally issued by the United States Patent and Trademark Office on September
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`13, 2011. Plaintiff is the owner and assignee, possessing all substantial rights, to the ’567 Patent.
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`A true and correct copy of the ’567 Patent is attached as Exhibit 1.
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`18.
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`On information and belief, Defendant makes, uses, offers for sale, sells, and/or
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`imports certain smart thermostat products (“Accused Products”), referring to the smart thermostat
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`systems, smart HVAC control systems, and/or smart HVAC systems provided by Defendant, such
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`as the Nest Thermostat, Nest Learning Thermostat (3rd Generation), and Nest Thermostat E, and
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`Defendant’s servers and backend cloud systems for Nest-branded products including Nest-branded
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`thermostats, that directly infringe, literally and/or under the doctrine of equivalents, claims 1-20
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`of the ’567 Patent. The definition of “Accused Products” may additionally include related
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`interfaces for the Nest-branded thermostats, such as the Nest app or Google Home app, and/or
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`related accessories, such as Nest Temperature Sensor.
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`19.
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`The infringement of the ’567 Patent is also attributable to Defendant. Defendant
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`and/or users of the Accused Products directs and controls use of the Accused Products to perform
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`acts that result in infringement of the patent, conditioning benefits on participation in the
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`infringement and establishing the timing and manner of the infringement.
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`20.
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`Defendant also knowingly and intentionally induces infringement of claims of the
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`’567 Patent in violation of 35 U.S.C. § 271(b). Through the filing and service of this Complaint,
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`and also through the filing and/or service of a complaint with the United States International Trade
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`Commission (ITC) in February 2021, pursuant to Section 337 of the Tariff Act of 1930, 19 U.S.C.
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`§ 1337, Defendant has had knowledge of the ’567 Patent and the infringing nature of the Accused
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`Products. Despite this knowledge of the ’567 Patent, Defendant continues to actively encourage
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`and instruct its customers and end users (for example, through user manuals and online instruction
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`materials on its website) to use the Accused Products in ways that directly infringe the ’567 Patent.
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`Defendant does so knowing and intending that its customers and end users will commit these
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`infringing acts. Defendant also continues to make, use, offer for sale, sell, and/or import the
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`Accused Products, despite its knowledge of the ’567 Patent, thereby specifically intending for and
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`inducing its customers to infringe the ’567 Patent through the customers’ normal and customary
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`use of the Accused Products.
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`21.
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`Defendant has also infringed, and continue to infringe, claims of the ’567 Patent by
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`offering to commercially distribute, commercially distributing, making, and/or importing the
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`Accused Products, which are used in practicing the process, or using the systems, of the patent,
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`and constitute a material part of the invention. Defendant knows the components in the Accused
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`Products to be especially made or especially adapted for use in infringement of the patent, not a
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`staple article, and not a commodity of commerce suitable for substantial noninfringing use.
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`Accordingly, Defendant has been, and currently is, contributorily infringing the ’567 Patent, in
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`violation of 35 U.S.C. § 271(c).
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`22.
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`The Accused Products satisfy all claim limitations of claims of the ’567 Patent. A
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`claim chart comparing claim elements of the ’567 Patent to representative Accused Products is
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`attached as Exhibit 2.
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`23.
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`By making, using, offering for sale, selling and/or importing into the United States
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`the Accused Products, Defendant has injured Plaintiff and is liable for infringement of the ’567
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`Patent pursuant to 35 U.S.C. § 271.
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`24.
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`As a result of Defendant’s infringement of the ’567 Patent, Plaintiff is entitled to
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`monetary damages in an amount adequate to compensate for Defendant’s infringement, but in no
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`event less than a reasonable royalty for the use made of the invention by Defendant, together with
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`interest and costs as fixed by the Court.
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`25.
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`Defendant’s infringing activities have injured and will continue to injure Plaintiff,
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`unless and until this Court enters an injunction prohibiting further infringement of the ’567 Patent,
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`and, specifically, enjoining further manufacture, use, sale, importation, and/or offers for sale that
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`come within the scope of the patent claims.
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`26.
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`Defendant also, within the meaning of 35 U.S.C. § 284, knowingly, willfully,
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`recklessly, egregiously and wantonly continues to infringe the ’567 Patent, through making, using,
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`selling, offering to sell and/or importing Accused Products with knowledge, since at least February
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`2021, that these activities infringe the ’567 Patent. Plaintiff is therefore entitled to enhanced
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`damages.
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`COUNT II
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`INFRINGEMENT OF U.S. PATENT NO. 10,612,983
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`27.
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`Plaintiff realleges and incorporates by reference the foregoing paragraphs as if fully
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`set forth herein.
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`28.
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`Plaintiff is the owner and assignee of United States Patent No. 10,612,983, titled
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`“System and method for evaluating changes in the efficiency of an HVAC system.” The ’983
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`patent was duly and legally issued by the United States Patent and Trademark Office on April 7,
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`2020. Plaintiff is the owner and assignee, possessing all substantial rights, to the ’983 Patent. A
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`true and correct copy of the ’983 Patent is attached as Exhibit 3.
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`29.
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`On information and belief, Defendant makes, uses, offers for sale, sells, and/or
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`imports certain smart thermostat products (“Accused Products”), referring to the smart thermostat
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`systems, smart HVAC control systems, and/or smart HVAC systems provided by Defendant, such
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`as the Nest Thermostat, Nest Learning Thermostat (3rd Generation), and Nest Thermostat E, and
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`Defendant’s servers and backend cloud systems for Nest-branded products including Nest-branded
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`thermostats, that directly infringe, literally and/or under the doctrine of equivalents, claims 1-30
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`of the ’983 Patent. The definition of “Accused Products” may additionally include related
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`interfaces for the Nest-branded thermostats, such as the Nest app or Google Home app, and/or
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`related accessories, such as Nest Temperature Sensor.
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`30.
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`The infringement of the ’983 Patent is also attributable to Defendant. Defendant
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`and/or users of the Accused Products directs and controls use of the Accused Products to perform
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`acts that result in infringement of the patent, conditioning benefits on participation in the
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`infringement and establishing the timing and manner of the infringement.
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`31.
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`Defendant also knowingly and intentionally induces infringement of claims of
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`the ’983 Patent in violation of 35 U.S.C. § 271(b). Through the filing and service of this Complaint,
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`and also through the filing and/or service of a complaint with the United States International Trade
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`Commission (ITC) in February 2021, pursuant to Section 337 of the Tariff Act of 1930, 19 U.S.C.
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`§ 1337, Defendant has had knowledge of the ’983 Patent and the infringing nature of the Accused
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`Products. Despite this knowledge of the ’983 Patent, Defendant continues to actively encourage
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`and instruct its customers and end users (for example, through user manuals and online instruction
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`materials on its website) to use the Accused Products in ways that directly infringe the ’983 Patent.
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`Defendant does so knowing and intending that its customers and end users will commit these
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`infringing acts. Defendant also continues to make, use, offer for sale, sell, and/or import the
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`Accused Products, despite its knowledge of the ’983 Patent, thereby specifically intending for and
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`inducing its customers to infringe the ’983 Patent through the customers’ normal and customary
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`use of the Accused Products.
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`32.
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`Defendant has also infringed, and continue to infringe, claims of the ’983 Patent by
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`offering to commercially distribute, commercially distributing, making, and/or importing the
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`Accused Products, which are used in practicing the process, or using the systems, of the patent,
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`and constitute a material part of the invention. Defendant knows the components in the Accused
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`Products to be especially made or especially adapted for use in infringement of the patent, not a
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`staple article, and not a commodity of commerce suitable for substantial noninfringing use.
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`Accordingly, Defendant has been, and currently is, contributorily infringing the ’983 Patent, in
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`violation of 35 U.S.C. § 271(c).
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`33.
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`The Accused Products satisfy all claim limitations of claims of the ’983 Patent. A
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`claim chart comparing claim elements of the ’983 Patent to representative Accused Products is
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`attached as Exhibit 4.
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`34.
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`By making, using, offering for sale, selling and/or importing into the United States
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`the Accused Products, Defendant has injured Plaintiff and is liable for infringement of the ’983
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`Patent pursuant to 35 U.S.C. § 271.
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`35.
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`As a result of Defendant’s infringement of the ’983 Patent, Plaintiff is entitled to
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`monetary damages in an amount adequate to compensate for Defendant’s infringement, but in no
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`event less than a reasonable royalty for the use made of the invention by Defendant, together with
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`interest and costs as fixed by the Court.
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`36.
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`Defendant’s infringing activities have injured and will continue to injure Plaintiff,
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`unless and until this Court enters an injunction prohibiting further infringement of the ’983 Patent,
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`and, specifically, enjoining further manufacture, use, sale, importation, and/or offers for sale that
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`come within the scope of the patent claims.
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`37.
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`Defendant also, within the meaning of 35 U.S.C. § 284, knowingly, willfully,
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`recklessly, egregiously and wantonly continues to infringe the ’983 Patent, through making, using,
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`selling, offering to sell and/or importing Accused Products with knowledge, since at least February
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`2021, that these activities infringe the ’983 Patent. Plaintiff is therefore entitled to enhanced
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`damages.
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`COUNT III
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`INFRINGEMENT OF U.S. PATENT NO. 8,596,550
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`38.
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`Plaintiff realleges and incorporates by reference the foregoing paragraphs as if fully
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`set forth herein.
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`39.
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`Plaintiff is the owner and assignee of United States Patent No. 8,596,550 titled
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`“System, method, and apparatus for identifying manual inputs to and adaptive programming of a
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`thermostat.” The ’550 Patent was duly and legally issued by the United States Patent and
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`Trademark Office on December 3, 2013. Plaintiff is the owner and assignee, possessing all
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`substantial rights, to the ’550 Patent. A true and correct copy of the ’550 Patent is attached as
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`Exhibit 5.
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`40.
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`On information and belief, Defendant makes, uses, offers for sale, sells, and/or
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`imports certain smart thermostat products (“Accused Products”), referring to the smart thermostat
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`systems, smart HVAC control systems, and/or smart HVAC systems provided by Defendant, such
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`as the Nest Thermostat, Nest Learning Thermostat (3rd Generation), and Nest Thermostat E, and
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`Defendant’s servers and backend cloud systems for Nest-branded products including Nest-branded
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`thermostats, and related interfaces for the Nest-branded thermostats, such as the Nest app or
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`Google Home app, that directly infringe, literally and/or under the doctrine of equivalents, claims
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`1-23 of the ’550 Patent. The definition of “Accused Products” may additionally include related
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`interfaces for the Nest-branded thermostats, such as the Nest app or Google Home app, and/or
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`related accessories, such as Nest Temperature Sensor.
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`41.
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`The infringement of the ’550 Patent is also attributable to Defendant. Defendant
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`and/or users of the Accused Products directs and controls use of the Accused Products to perform
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`acts that result in infringement of the patent, conditioning benefits on participation in the
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`infringement and establishing the timing and manner of the infringement.
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`42.
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`Defendant also knowingly and intentionally induces infringement of claims of
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`the ’550 Patent in violation of 35 U.S.C. § 271(b). Through the filing and service of this Complaint,
`
`and also through the filing and/or service of a complaint with the United States International Trade
`
`Commission (ITC) in February 2021, pursuant to Section 337 of the Tariff Act of 1930, 19 U.S.C.
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`§ 1337, Defendant has had knowledge of the ’550 Patent and the infringing nature of the Accused
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`Products. Despite this knowledge of the ’550 Patent, Defendant continues to actively encourage
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`and instruct its customers and end users (for example, through user manuals and online instruction
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`materials on its website) to use the Accused Products in ways that directly infringe the ’550 Patent.
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`Defendant does so knowing and intending that its customers and end users will commit these
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`infringing acts. Defendant also continues to make, use, offer for sale, sell, and/or import the
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`Accused Products, despite its knowledge of the ’550 Patent, thereby specifically intending for and
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`inducing its customers to infringe the ’550 Patent through the customers’ normal and customary
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`use of the Accused Products.
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`43.
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`Defendant has also infringed, and continue to infringe, claims of the ’550 Patent by
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`offering to commercially distribute, commercially distributing, making, and/or importing the
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`Accused Products, which are used in practicing the process, or using the systems, of the patent,
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`and constitute a material part of the invention. Defendant knows the components in the Accused
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`Products to be especially made or especially adapted for use in infringement of the patent, not a
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`Case 6:22-cv-00350 Document 1 Filed 04/01/22 Page 15 of 20
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`staple article, and not a commodity of commerce suitable for substantial noninfringing use.
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`Accordingly, Defendant has been, and currently is, contributorily infringing the ’550 Patent, in
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`violation of 35 U.S.C. § 271(c).
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`44.
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`The Accused Products satisfy all claim limitations of claims of the ’550 Patent. A
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`claim chart comparing claim elements of the ’550 Patent to representative Accused Products is
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`attached as Exhibit 6.
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`45.
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`By making, using, offering for sale, selling and/or importing into the United States
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`the Accused Products, Defendant has injured Plaintiff and is liable for infringement of the ’550
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`Patent pursuant to 35 U.S.C. § 271.
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`46.
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`As a result of Defendant’s infringement of the ’550 Patent, Plaintiff is entitled to
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`monetary damages in an amount adequate to compensate for Defendant’s infringement, but in no
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`event less than a reasonable royalty for the use made of the invention by Defendant, together with
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`interest and costs as fixed by the Court.
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`47.
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`Defendant’s infringing activities have injured and will continue to injure Plaintiff,
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`unless and until this Court enters an injunction prohibiting further infringement of the ’550 Patent,
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`and, specifically, enjoining further manufacture, use, sale, importation, and/or offers for sale that
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`come within the scope of the patent claims.
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`48.
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`Defendant also, within the meaning of 35 U.S.C. § 284, knowingly, willfully,
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`recklessly, egregiously and wantonly continues to infringe the ’550 Patent, through making, using,
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`selling, offering to sell and/or importing Accused Products with knowledge, since at least February
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`2021, that these activities infringe the ’550 Patent. Plaintiff is therefore entitled to enhanced
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`damages.
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`COUNT IV
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`Case 6:22-cv-00350 Document 1 Filed 04/01/22 Page 16 of 20
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`INFRINGEMENT OF U.S. PATENT NO. 8,886,488
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`49.
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`Plaintiff realleges and incorporates by reference the foregoing paragraphs as if fully
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`set forth herein.
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`50.
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`Plaintiff is the owner and assignee of United States Patent No. 8,886,488, titled
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`“System and method for calculating thermal mass of a building.” The ’488 Patent was duly and
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`legally issued by the United States Patent and Trademark Office on November 11, 2014. Plaintiff
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`is the owner and assignee, possessing all substantial rights, to the ’488 Patent. A true and correct
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`copy of the ’488 Patent is attached as Exhibit 7.
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`51.
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`On information and belief, Defendant makes, uses, offers for sale, sells, and/or
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`imports smart thermostat products (“Accused Products”), referring to the smart thermostat
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`systems, smart HVAC control systems, and/or smart HVAC systems provided by Defendant, such
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`as the Nest Thermostat, Nest Learning Thermostat (3rd Generation), and Nest Thermostat E, and
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`Defendant’s servers and backend cloud systems for Nest-branded products including Nest-branded
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`thermostats, and related interfaces for the Nest-branded thermostats, such as the Nest app or
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`Google Home app, that directly infringe, literally and/or under the doctrine of equivalents, claims
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`1-15 of the ’488 Patent. The definition of “Accused Products” may additionally include related
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`interfaces for the Nest-branded thermostats, such as the Nest app or Google Home app, and/or
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`related accessories, such as Nest Temperature Sensor.
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`52.
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`The infringement of the ’488 Patent is also attributable to Defendant. Defendant
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`and/or users of the Accused Products directs and controls use of the Accused Products to perform
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`acts that result in infringement of the patent, conditioning benefits on participation in the
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`infringement and establishing the timing and manner of the infringement.
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`53.
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`Defendant also knowingly and intentionally induces infringement of claims of
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`Case 6:22-cv-00350 Document 1 Filed 04/01/22 Page 17 of 20
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`the ’488 Patent in violation of 35 U.S.C. § 271(b). Through the filing and service of this Complaint,
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`and also through the filing and/or service of a complaint with the United S