Potter Voice Technologies LLC, v. Apple, Inc., et al.,

Filing 1

COMPLAINT For Patent Infringment and Jury Demand against All Defendants (Filing fee $ 350, Receipt Number 1082-2809447), filed by Potter Voice Technologies LLC. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons, # 8 Summons, # 9 Summons, # 10 Summons, # 11 Summons, # 12 Summons, # 13 Summons, # 14 Summons, # 15 Summons, # 16 Summons, # 17 Summons, # 18 Summons, # 19 Summons, # 20 Summons, # 21 Summons, # 22 Summons, # 23 Summons, # 24 Summons, # 25 Summons, # 26 Summons, # 27 Summons)(Clayton, Frank)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Acton No. _______________
POTTER VOICE TECHNOLOGIES LLC,
Plaintiff,
v.
APPLE, INC.,
GOOGLE, INC.,
HTC CORPORATION,
HTC AMERICA, INC.,
SAMSUNG ELECTRONICS CO. LTD.,
SAMSUNG ELECTRONICS AMERICA, INC.,
SONY CORPORATION,
SONY MOBILE COMMUNICATIONS AB,
SONY CORPORATION OF AMERICA,
LG ELECTRONICS, INC.,
LG ELECTRONICS MOBILECOMM U.S.A., INC.,
MOTOROLA SOLUTIONS, INC.,
MOTOROLA MOBILITY, INC.,
ZTE CORPORATION,
ZTE (USA) INC.,
KYOCERA CORPORATION,
SHARP CORPORATION,
SHARP ELECTRONICS CORPORATION,
HUAWEI TECHNOLOGIES CO., LTD.,
HUAWEI AMERICA, INC.,
PANTECH WIRELESS, INC.,
RESEARCH IN MOTION LIMITED,
RESEARCH IN MOTION CORPORATION,
MICROSOFT CORPORATION,
NOKIA CORPORATION, and
NOKIA INC.,
Defendants.

COMPLAINT FOR PATENT INFRINGEMENT AND JURY DEMAND

Plaintiff, Potter Voice Technologies LLC for its Complaint against Defendants, hereby
alleges as follows:
THE PARTIES
1.

Plaintiff Potter Voice Technologies LLC, (“Potter Voice Technologies”) is a

limited liability corporation duly organized and existing under the laws of the State of Colorado,
having its principal place of business at 36 South 18th Avenue, Suite D, Brighton, Colorado
80601.
2.

On information and belief, Defendant Apple, Inc. (“Apple”) is a corporation duly

organized and existing under the laws of the State of California, having its principal place of
business at 1 Infinite Loop, Cupertino, California 95014.
3.

On information and belief, Google, Inc. (“Google”) is a corporation duly

organized and existing under the laws of the State of Delaware, having its principal place of
business at 1600 Amphitheatre Parkway, Mountain View, CA 94043.
4.

On information and belief, Defendant HTC Corporation is a Taiwanese

corporation, having its principal place of business at 23 Xinghua Rd. Taoyuan 330, Taiwan.
5.

On information and belief, Defendant HTC America, Inc. is a corporation duly

organized and existing under the laws of the State of Texas, having its principal place of business
at 920 SE Eastgate Way, Suite 200, Bellevue, Washington 98005. On information and belief,
Defendant HTC America, Inc. is owned and controlled by Defendant HTC Corporation
(collectively “HTC”).

2

6.

On information and belief, Defendant Samsung Electronics Co. Ltd. is a South

Korean corporation, having its principal place of business at 250, 2-ga, Taepyong-ro, Jung-gu,
Seoul, 100-742, South Korea.
7.

On information and belief, Defendant Samsung Electronics America, Inc. is a

corporation duly organized and existing under the laws of the State of New York, having its
principal place of business at 105 Challenger Road, Ridgefield Park, New Jersey 07660. On
information and belief, Defendant Samsung Electronics America, Inc. is owned and controlled
by Defendant Samsung Electronics Co. Ltd. (collectively “Samsung”).
8.

On information and belief, Defendant Sony Corporation is a Japanese corporation,

having its principal place of business at 7-1, Konan, 1-Chome, Minato-Ku, Tokyo 108-0075,
Japan.
9.

On information and belief, Defendant Sony Mobile Communications AB is a

United Kingdom corporation, having its principal place of business at Sony Ericsson House, 202
Hammersmith Rd., London W6 7DN, United Kingdom.
10.

On information and belief, Defendant Sony Corporation of America is a

corporation duly organized and existing under the laws of the State of New York, having its
principal place of business at 550 Madison Ave., New York, New York 10022. On information
and belief, Defendants Sony Mobile Communications AB and Sony Corporation of America are
owned and controlled by Defendant Sony Corporation (collectively “Sony”).
11.

On information and belief, Defendant LG Electronics Inc. is a South Korean

corporation, having its principal place of business at LG Twin Towers, 20 Yeouido-Dong,
Yeoungdeungpo-Gu, Seoul 150-721, South Korea.

3

12.

On information and belief, Defendant LG Electronics Mobilecomm U.S.A., Inc. is

a corporation duly organized and existing under the laws of the State of California, having its
principal place of business at 10101 Old Grove Road, San Diego, California 92131. On
information and belief, Defendant LG Electronics Mobilecomm U.S.A., Inc. is owned and
controlled by Defendant LG Electronics Inc. (collectively “LG”).
13.

On information and belief, Defendant Motorola Solutions, Inc. is a corporation

duly organized and existing under the laws of the State of Delaware, having its principal place of
business at 1303 E. Algonquin Rd., Schaumburg, Illinois 60196.
14.

On information and belief, Defendant Motorola Mobility, Inc. is a corporation

duly organized and existing under the laws of the State of Delaware, having its principal place of
business at 600 N. U.S. Hwy. 45, Libertyville, Illinois, 60048. On information and belief,
Defendant Motorola Mobility, Inc. is owned and controlled by Defendant Motorola Solutions,
Inc. (collectively “Motorola”).
15.

On information and belief, Defendant ZTE Corporation is a Chinese corporation,

having its principal place of business at Zte Plaza, Keji Road South, Hi-Tech Industrial Park,
Nanshan District, Shenzhen, Guangdong 518057, China.
16.

On information and belief, Defendant ZTE (USA) Inc. is a corporation duly

organized and existing under the laws of the State of Texas, having its principal place of business
at 2425 N Central Expressway #323, Richardson, Texas 75080. on information and belief,
Defendant ZTE (USA) Inc. is owned and controlled by Defendant ZTE Corporation (collectively
“ZTE”).

4

17.

On information and belief, Defendant Kyocera Corporation is a Japanese

corporation having its principal place of business at 6 Takeda Tobadono-Cho, Fushimi-Ku,
Kyoto 612-8501, Japan.
18.

On information and belief, Defendant Kyocera International, Inc. is a corporation

duly organized and existing under the laws of the State of California, having its principal place
of business at 8611 Balboa Ave., San Diego, California 92123. On information and belief,
Defendant Kyocera International, Inc. is owned and controlled by Defendant Kyocera
Corporation (collectively “Kyocera”).
19.

On information and belief, Defendant Sharp Corporation is a Japanese

corporation having its principal place of business at 22-22 Nagaike-Cho, Abeno-Ku, Osaka 5458522, Japan.
20.

On information and belief, Defendant Sharp Electronics Corporation is a

corporation duly organized and existing under the laws of the State of New Jersey, having its
principal place of business at Sharp Plaza, Mahwah, New Jersey 07495. On information and
belief, Defendant Sharp Electronics Corporation is owned and controlled by Defendant Sharp
Corporation (collectively “Sharp”).
21.

On information and belief, Defendant Huawei Technologies Co., Ltd. is a Chinese

corporation having its principal place of business at Banxuegang Industrial Park, Bantian
Longgang District, Shenzhen, Guangdong 518129, China.
22.

On information and belief, Defendant Huawei America, Inc. is a corporation duly

organized and existing under the laws of the State of California, having its principal place of
business at 3255-4 Scott Blvd., Suite 101, Santa Clara, California 95054. On information and

5

belief, Defendant Huawei America, Inc. is owned and controlled by Defendant Huawei
Technologies Co., Ltd. (collectively “Huawei”).
23.

On information and belief, Defendant Pantech Wireless, Inc. (“Pantech”) is a

corporation duly organized and existing under the laws of the State of Georgia, having its
principal place of business at 5607 Glenridge Drive, Suite 500, Atlanta, Georgia 30342.
24.

On information and belief, Defendant Research In Motion Limited is a Canadian

corporation having its principal place of business at 295 Phillip Street, Waterloo, Ontario,
Canada N2L 3W8.
25.

On information and belief, Defendant Research In Motion Corporation is a

corporation duly organized and existing under the laws of the State of Delaware, having its
principal place of business at 5000 Riverside Drive, Irving, Texas 75039. On information and
belief, Defendant Research In Motion Corporation is owned and controlled by Defendant
Research In Motion Limited (collectively “RIM”).
26.

On information and belief, Defendant Microsoft Corporation (“Microsoft”) is a

corporation duly organized and existing under the laws of the State of Washington, having its
principal place of business at 1 Microsoft Way, Redmond, Washington 98052.
27.

On information and belief, Defendant Nokia Corporation is a Finnish corporation

having its principal place of business at Keilalahdentie 2-4, Espoo Fl-02150, Finland.
28.

On information and belief, Defendant Nokia Inc. is a corporation duly organized

and existing under the laws of the State of Delaware, having its principal place of business at 102
Corporate Park Drive, White Plains, New York 10604. On information and belief, Defendant
Nokia Inc. is owned and controlled by Defendant Nokia Corporation (collectively “Nokia”).

6

JURISDICTION AND VENUE
29.

This is an action for patent infringement arising under the Patent Act, 35 U.S.C.

§§101 et seq. This Court has jurisdiction over Plaintiff’s federal law claims under 28 U.S.C.
§§1331 and 1338(a).
30.

This Court has specific and/or general personal jurisdiction over Defendants

because they have committed acts giving rise to this action within this judicial district and/or
have established minimum contacts within Colorado and within this judicial district such that the
exercise of jurisdiction over Defendants would not offend traditional notions of fair play and
substantial justice.
31.

Venue is proper in this District pursuant to 28 U.S.C. §§1391(b)-(c) and 1400(b)

because Defendants have committed acts within this judicial district giving rise to this action,
and continue to conduct business in this district, and/or have committed acts of patent
infringement within this District giving rise to this action.

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INFRINGEMENT OF U.S. PATENT 5,729,659
32.

Potter Voice Technologies re-alleges and incorporates by reference the allegations

set forth in the Paragraphs above as if fully set forth herein.
33.

On March 17, 1998, United States Patent Number 5,729,659 (“the ’659 patent”)

entitled “Method And Apparatus For Controlling A Digital Computer Using Oral Input” was
duly and lawfully issued by the United States Patent and Trademark Office. A true and correct
copy of the ’659 patent is attached hereto as Exhibit A.
34.

Potter Voice Technologies is the owner and assignee of all right, title, and interest

in and to the ’659 patent, including the right to assert all causes of action arising under said
patent and the right to any remedies for infringement of it.
DEFENDANT APPLE
35.

On information and belief, Defendant Apple has been and now is infringing the

’659 patent in the State of Colorado, in this judicial district, and elsewhere in the United States
by, among other things, making, using, importing, offering to sell, and/or selling in the United
States digital computers using Siri and/or Google Voice Commands that embody the inventions
claimed in the ’659 patent, including but not limited to the Apple iPhone 4S and all reasonably
similar products. On information and belief, Defendant Apple indirectly infringes by
contributing to its customers’ infringement by using Siri and/or Google Voice Commands on the
Apple iPhone 4S and all reasonably similar products. On information and belief, Defendant
Apple indirectly infringes by actively inducing its customers to use Siri and/or Google Voice
Commands on the Apple iPhone 4S and all reasonably similar products. On information and

8

belief, Defendant Apple knew or should have known its actions would induce and/or contribute
to infringement of the ’659 patent.
36.

On information and belief, Defendant Apple has been and now is infringing the

’659 patent in the State of Colorado, in this judicial district, and elsewhere in the United States
by, among other things, making, using, importing, offering to sell, and/or selling in the United
States software for digital computers using oral input that embody the inventions claimed in the
’659 patent, including but not limited to Siri and all reasonably similar products. On information
and belief, Defendant Apple indirectly infringes by contributing to its customers’ infringement
by using Siri and all reasonably similar products. On information and belief, Defendant Apple
indirectly infringes by actively inducing its customers to use Siri and all reasonably similar
products. On information and belief, Defendant Apple knew or should have known its actions
would induce and/or contribute to infringement of the ’659 patent.
37.

On information and belief, Defendant Apple will continue to infringe the ’659

patent unless enjoined by this Court.
38.

Defendant Apple’s acts of infringement have damaged Potter Voice Technologies

in an amount to be proven at trial, but in no event less than a reasonable royalty. Defendant
Apple’s infringement of Potter Voice Technologies’ rights under the ’659 patent will continue to
damage Potter Voice Technologies causing irreparable harm, for which there is no adequate
remedy at law, unless enjoined by this Court.
39.

On information and belief, SRI International originally created and developed the

product Siri. On information and belief, SRI International spun off Siri, Inc., in 2007. On
information and belief, Defendant Apple acquired Siri, Inc. in April, 2010.

9

40.

On information and belief, SRI International knew of the ’659 patent and its

contents from about 2004 when the ’659 patent was cited in the prosecution of U.S. Patent Nos.
6,513,063, 6,691,151, 6,757,718, 6,859,931, 7,069,560, 7,036,128, 6,523,061, 6,742,021. On
information and belief, Defendant Apple knew of the ’659 patent and its contents when it
acquired Siri, Inc. from SRI International. And on information and belief, Defendant Apple
willfully infringed the ’659 patent thus entitling Potter Voice Technologies to increased damages
under 35 U.S.C. § 284 and to attorneys’ fees and costs incurred in litigating this action under 35
U.S.C. § 285.
DEFENDANT GOOGLE
41.

On information and belief, Defendant Google has been and now is infringing the

’659 patent in the State of Colorado, in this judicial district, and elsewhere in the United States
by, among other things, making, using, importing, offering to sell, and/or selling in the United
States software for digital computers using oral input that embody the inventions claimed in the
’659 patent, including but not limited to Google Voice Actions and all reasonably similar
products. On information and belief, Defendant Google indirectly infringes by contributing to its
customers’ infringement of Google Voice Actions and all reasonably similar products. On
information and belief, Defendant Google indirectly infringes by actively inducing its customers
to use Google Voice Actions and all reasonably similar products. On information and belief,
Defendant Google knew or should have known its actions would induce and/or contribute to
infringement of the ’659 patent.
42.

On information and belief, Defendant Google will continue to infringe the ’659

patent unless enjoined by this Court.

10

43.

Defendant Google’s acts of infringement have damaged Potter Voice

Technologies in an amount to be proven at trial, but in no event less than a reasonable royalty.
Defendant Google’s infringement of Potter Voice Technologies’ rights under the ’659 patent will
continue to damage Potter Voice Technologies causing irreparable harm, for which there is no
adequate remedy at law, unless enjoined by this Court.
DEFENDANT HTC
44.

On information and belief, Defendant HTC has been and now is infringing the

’659 patent in the State of Colorado, in this judicial district, and elsewhere in the United States
by, among other things, making, using, importing, offering to sell, and/or selling in the United
States digital computers using Google Voice Actions and/or Windows Speech Commands which
embody the inventions claimed in the ’659 patent, including but not limited to the HTC EVO
Design 4G, HTC Incredible S, HTC Rezound, and HTC Titan and all reasonably similar
products. On information and belief, Defendant HTC indirectly infringes by contributing to its
customers’ infringement using Google Voice Actions and/or Windows Speech Commands on the
HTC EVO Design 4G, HTC Incredible S, HTC Rezound, and HTC Titan and all reasonably
similar products. On information and belief, Defendant HTC indirectly infringes by actively
inducing its customers to use Google Voice Actions and/or Windows Speech Commands on the
HTC EVO Design 4G, HTC Incredible S, HTC Rezound, and HTC Titan and all reasonably
similar products. On information and belief, Defendant HTC knew or should have known its
actions would induce and/or contribute to infringement of the ’659 patent.
45.

On information and belief, Defendant HTC will continue to infringe the ’659

patent unless enjoined by this Court.

11

46.

Defendant HTC’s acts of infringement have damaged Potter Voice Technologies

in an amount to be proven at trial, but in no event less than a reasonable royalty. Defendant
HTC’s infringement of Potter Voice Technologies’ rights under the ’659 patent will continue to
damage Potter Voice Technologies causing irreparable harm, for which there is no adequate
remedy at law, unless enjoined by this Court.
DEFENDANT SAMSUNG
47.

On information and belief, Defendant Samsung has been and now is infringing

the ’659 patent in the State of Colorado, in this judicial district, and elsewhere in the United
States by, among other things, making, using, importing, offering to sell, and/or selling in the
United States digital computers using Google Voice Actions and/or Windows Speech
Commands which embody the inventions claimed in the ’659 patent, including but not limited to
the Samsung Galaxy S II, Galaxy S Blaze, and Samsung Focus and all reasonably similar
products. On information and belief, Defendant Samsung indirectly infringes by contributing to
its customers’ infringement using Google Voice Actions and/or Windows Speech Commands on
the Samsung Galaxy S II, Galaxy S Blaze, and Samsung Focus and all reasonably similar
products. On information and belief, Defendant Samsung indirectly infringes by actively
inducing its customers to use Google Voice Actions and/or Windows Speech Commands on the
Samsung Galaxy S II, Galaxy S Blaze, and Samsung Focus and all reasonably similar products.
On information and belief, Defendant Samsung knew or should have known its actions would
induce and/or contribute to infringement of the ’659 patent.
48.

On information and belief, Defendant Samsung will continue to infringe the ’659

patent unless enjoined by this Court.

12

49.

Defendant Samsung’s acts of infringement have damaged Potter Voice

Technologies in an amount to be proven at trial, but in no event less than a reasonable royalty.
Defendant Samsung’s infringement of Potter Voice Technologies’ rights under the ’659 patent
will continue to damage Potter Voice Technologies causing irreparable harm, for which there is
no adequate remedy at law, unless enjoined by this Court.
DEFENDANT SONY
50.

On information and belief, Defendant Sony has been and now is infringing the

’659 patent in the State of Colorado, in this judicial district, and elsewhere in the United States
by, among other things, making, using, importing, offering to sell, and/or selling in the United
States digital computers using Google Voice Actions which embody the inventions claimed in
the ’659 patent, including but not limited to the Sony Xperia X10 and all reasonably similar
products. On information and belief, Defendant Sony indirectly infringes by contributing to its
customers’ infringement using Google Voice Actions on the the Sony Xperia X10 and all
reasonably similar products. On information and belief, Defendant Sony indirectly infringes by
actively inducing its customers to use Google Voice Actions on the Sony Xperia X10 and all
reasonably similar products. On information and belief, Defendant Sony knew or should have
known its actions would induce and/or contribute to infringement of the ’659 patent.
51.

On information and belief, Defendant Sony will continue to infringe the ’659

patent unless enjoined by this Court.
52.

Defendant Sony’s acts of infringement have damaged Potter Voice Technologies

in an amount to be proven at trial, but in no event less than a reasonable royalty. Defendant
Sony’s infringement of Potter Voice Technologies’ rights under the ’659 patent will continue to

13

damage Potter Voice Technologies causing irreparable harm, for which there is no adequate
remedy at law, unless enjoined by this Court.
53.

On information and belief, Defendant Sony knew of the ’659 patent and its

contents from about 2007 when the ’659 patent was cited in the prosecution of U.S. Patent Nos.
7,158,934 and 7,249,017. And on information and belief, Defendant Sony willfully infringed the
’659 patent thus entitling Potter Voice Technologies to increased damages under 35 U.S.C. § 284
and to attorneys’ fees and costs incurred in litigating this action under 35 U.S.C. § 285.
DEFENDANT LG
54.

On information and belief, Defendant LG has been and now is infringing the ’659

patent in the State of Colorado, in this judicial district, and elsewhere in the United States by,
among other things, making, using, importing, offering to sell, and/or selling in the United States
digital computers using Google Voice Actions which embody the inventions claimed in the ’659
patent, including but not limited to the LG Optimus S and all reasonably similar products. On
information and belief, Defendant LG indirectly infringes by contributing to its customers’
infringement using Google Voice Actions on the LG Optimus S and all reasonably similar
products. On information and belief, Defendant LG indirectly infringes by actively inducing its
customers to use Google Voice Actions on the LG Optimus S and all reasonably similar
products. On information and belief, Defendant LG knew or should have known its actions
would induce and/or contribute to infringement of the ’659 patent.
55.

On information and belief, Defendant LG will continue to infringe the ’659 patent

unless enjoined by this Court.

14

56.

Defendant LG’s acts of infringement have damaged Potter Voice Technologies in

an amount to be proven at trial, but in no event less than a reasonable royalty. Defendant LG’s
infringement of Potter Voice Technologies’ rights under the ’659 patent will continue to damage
Potter Voice Technologies causing irreparable harm, for which there is no adequate remedy at
law, unless enjoined by this Court.
DEFENDANT MOTOROLA
57.

On information and belief, Defendant Motorola has been and now is infringing

the ’659 patent in the State of Colorado, in this judicial district, and elsewhere in the United
States by, among other things, making, using, importing, offering to sell, and/or selling in the
United States digital computers using Google Voice Actions which embody the inventions
claimed in the ’659 patent, including but not limited to the Motorola DROID RAZR and all
reasonably similar products. On information and belief, Defendant Motorola indirectly infringes
by contributing to its customers’ infringement using Google Voice Actions on the Motorola
DROID RAZR and all reasonably similar products. On information and belief, Defendant
Motorola indirectly infringes by actively inducing its customers to use Google Voice Actions on
the Motorola DROID RAZR and all reasonably similar products. On information and belief,
Defendant Motorola knew or should have known its actions would induce and/or contribute to
infringement of the ’659 patent.
58.

On information and belief, Defendant Motorola will continue to infringe the ’659

patent unless enjoined by this Court.
59.

Defendant Motorola’s acts of infringement have damaged Potter Voice

Technologies in an amount to be proven at trial, but in no event less than a reasonable royalty.

15

Defendant Motorola’s infringement of Potter Voice Technologies’ rights under the ’659 patent
will continue to damage Potter Voice Technologies causing irreparable harm, for which there is
no adequate remedy at law, unless enjoined by this Court.
DEFENDANT ZTE
60.

On information and belief, Defendant ZTE has been and now is infringing the

’659 patent in the State of Colorado, in this judicial district, and elsewhere in the United States
by, among other things, making, using, importing, offering to sell, and/or selling in the United
States digital computers using Google Voice Actions which embody the inventions claimed in
the ’659 patent, including but not limited to the ZTE Score M and all reasonably similar
products. On information and belief, Defendant ZTE indirectly infringes by contributing to its
customers’ infringement using Google Voice Actions on the ZTE Score M and all reasonably
similar products. On information and belief, Defendant ZTE indirectly infringes by actively
inducing its customers to use Google Voice Actions on the ZTE Score M and all reasonably
similar products. On information and belief, Defendant ZTE knew or should have known its
actions would induce and/or contribute to infringement of the ’659 patent.
61.

On information and belief, Defendant ZTE will continue to infringe the ’659

patent unless enjoined by this Court.
62.

Defendant ZTE’s acts of infringement have damaged Potter Voice Technologies

in an amount to be proven at trial, but in no event less than a reasonable royalty. Defendant
ZTE’s infringement of Potter Voice Technologies’ rights under the ’659 patent will continue to
damage Potter Voice Technologies causing irreparable harm, for which there is no adequate
remedy at law, unless enjoined by this Court.

16

DEFENDANT KYOCERA
63.

On information and belief, Defendant Kyocera has been and now is infringing the

’659 patent in the State of Colorado, in this judicial district, and elsewhere in the United States
by, among other things, making, using, importing, offering to sell, and/or selling in the United
States digital computers using Google Voice Actions which embody the inventions claimed in
the ’659 patent, including but not limited to the Kyocera Echo and all reasonably similar
products. On information and belief, Defendant Kyocera indirectly infringes by contributing to
its customers’ infringement using Google Voice Actions on the Kyocera Echo and all reasonably
similar products. On information and belief, Defendant Kyocera indirectly infringes by actively
inducing its customers to use Google Voice Actions on the Kyocera Echo and all reasonably
similar products. On information and belief, Defendant Kyocera knew or should have known its
actions would induce and/or contribute to infringement of the ’659 patent.
64.

On information and belief, Defendant Kyocera will continue to infringe the ’659

patent unless enjoined by this Court.
65.

Defendant Kyocera’s acts of infringement have damaged Potter Voice

Technologies in an amount to be proven at trial, but in no event less than a reasonable royalty.
Defendant Kyocera’s infringement of Potter Voice Technologies’ rights under the ’659 patent
will continue to damage Potter Voice Technologies causing irreparable harm, for which there is
no adequate remedy at law, unless enjoined by this Court.
DEFENDANT SHARP
66.

On information and belief, Defendant Sharp has been and now is infringing the

’659 patent in the State of Colorado, in this judicial district, and elsewhere in the United States

17

by, among other things, making, using, importing, offering to sell, and/or selling in the United
States digital computers using Google Voice Actions which embody the inventions claimed in
the ’659 patent, including but not limited to the Sharp FX PLUS ADS1 and all reasonably
similar products. On information and belief, Defendant Sharp indirectly infringes by contributing
to its customers’ infringement using Google Voice Actions on the Sharp FX PLUS ADS1 and all
reasonably similar products. On information and belief, Defendant Sharp indirectly infringes by
actively inducing its customers to use Google Voice Actions on the Sharp FX PLUS ADS1 and
all reasonably similar products. On information and belief, Defendant Sharp knew or should
have known its actions would induce and/or contribute to infringement of the ’659 patent.
67.

On information and belief, Defendant Sharp will continue to infringe the ’659

patent unless enjoined by this Court.
68.

Defendant Sharp’s acts of infringement have damaged Potter Voice Technologies

in an amount to be proven at trial, but in no event less than a reasonable royalty. Defendant
Sharp’s infringement of Potter Voice Technologies’ rights under the ’659 patent will continue to
damage Potter Voice Technologies causing irreparable harm, for which there is no adequate
remedy at law, unless enjoined by this Court.
DEFENDANT HUAWEI
69.

On information and belief, Defendant Huawei has been and now is infringing the

’659 patent in the State of Colorado, in this judicial district, and elsewhere in the United States
by, among other things, making, using, importing, offering to sell, and/or selling in the United
States digital computers using Google Voice Actions which embody the inventions claimed in
the ’659 patent, including but not limited to the Huawei M835 and all reasonably similar

18

products. On information and belief, Defendant Huawei indirectly infringes by contributing to its
customers’ infringement using Google Voice Actions on the Huawei M835 and all reasonably
similar products. On information and belief, Defendant Huawei indirectly infringes by actively
inducing its customers to use Google Voice Actions on the Huawei M835 and all reasonably
similar products. On information and belief, Defendant Huawei knew or should have known its
actions would induce and/or contribute to infringement of the ’659 patent.
70.

On information and belief, Defendant Huawei will continue to infringe the ’659

patent unless enjoined by this Court.
71.

Defendant Huawei’s acts of infringement have damaged Potter Voice

Technologies in an amount to be proven at trial, but in no event less than a reasonable royalty.
Defendant Huawei’s infringement of Potter Voice Technologies’ rights under the ’659 patent
will continue to damage Potter Voice Technologies causing irreparable harm, for which there is
no adequate remedy at law, unless enjoined by this Court.
DEFENDANT PANTECH
72.

On information and belief, Defendant Pantech has been and now is infringing the

’659 patent in the State of Colorado, in this judicial district, and elsewhere in the United States
by, among other things, making, using, importing, offering to sell, and/or selling in the United
States digital computers using Google Voice Actions which embody the inventions claimed in
the ’659 patent, including but not limited to the Pantech Burst and all reasonably similar
products. On information and belief, Defendant Pantech indirectly infringes by contributing to its
customers’ infringement using Google Voice Actions on the Pantech Burst and all reasonably
similar products. On information and belief, Defendant Pantech indirectly infringes by actively

19

inducing its customers to use Google Voice Actions on the Pantech Burst and all reasonably
similar products. On information and belief, Defendant Pantech knew or should have known its
actions would induce and/or contribute to infringement of the ’659 patent.
73.

On information and belief, Defendant Pantech will continue to infringe the ’659

patent unless enjoined by this Court.
74.

Defendant Pantech’s acts of infringement have damaged Potter Voice

Technologies in an amount to be proven at trial, but in no event less than a reasonable royalty.
Defendant Pantech’s infringement of Potter Voice Technologies’ rights under the ’659 patent
will continue to damage Potter Voice Technologies causing irreparable harm, for which there is
no adequate remedy at law, unless enjoined by this Court.
DEFENDANT RIM
75.

On information and belief, Defendant RIM has been and now is infringing the

’659 patent in the State of Colorado, in this judicial district, and elsewhere in the United States
by, among other things, making, using, importing, offering to sell, and/or selling in the United
States digital computers using BlackBerry Voice Commands and/or Google Voice Actions that
embody the inventions claimed in the ’659 patent, including but not limited to the RIM
BlackBerry Bold and all reasonably similar products. On information and belief, Defendant RIM
indirectly infringes by contributing to its customers’ infringement by using BlackBerry Voice
Commands and/or Google Voice Actions on the RIM BlackBerry Bold and all reasonably
similar products. On information and belief, Defendant RIM indirectly infringes by actively
inducing its customers to use BlackBerry Voice Commands and/or Google Voice Actions on the
RIM BlackBerry Bold and all reasonably similar products. On information and belief, Defendant

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RIM knew or should have known its actions would induce and/or contribute to infringement of
the ’659 patent.
76.

On information and belief, Defendant RIM has been and now is infringing the

’659 patent in the State of Colorado, in this judicial district, and elsewhere in the United States
by, among other things, making, using, importing, offering to sell, and/or selling in the United
States software for digital computers using oral input that embody the inventions claimed in the
’659 patent, including but not limited to BlackBerry Voice Commands and all reasonably similar
products. On information and belief, Defendant RIM indirectly infringes by contributing to its
customers’ infringement by using BlackBerry Voice Commands and all reasonably similar
products. On information and belief, Defendant RIM indirectly infringes by actively inducing its
customers to use BlackBerry Voice Commands and all reasonably similar products. On
information and belief, Defendant RIM knew or should have known its actions would induce
and/or contribute to infringement of the ’659 patent.
77.

On information and belief, Defendant RIM will continue to infringe the ’659

patent unless enjoined by this Court.
78.

Defendant RIM’s acts of infringement have damaged Potter Voice Technologies

in an amount to be proven at trial, but in no event less than a reasonable royalty. Defendant
RIM’s infringement of Potter Voice Technologies’ rights under the ’659 patent will continue to
damage Potter Voice Technologies causing irreparable harm, for which there is no adequate
remedy at law, unless enjoined by this Court.

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DEFENDANT MICROSOFT
79.

On information and belief, Defendant Microsoft has been and now is infringing

the ’659 patent in the State of Colorado, in this judicial district, and elsewhere in the United
States by, among other things, making, using, importing, offering to sell, and/or selling in the
United States software for digital computers using oral input which embody the inventions
claimed in the ’659 patent, including but not limited to the Windows Speech Commands and all
reasonably similar products. On information and belief, Defendant Microsoft indirectly infringes
by contributing to its customers’ infringement of the Windows Speech Commands and all
reasonably similar products. On information and belief, Defendant Microsoft indirectly infringes
by actively inducing its customers to use the Windows Speech Commands and all reasonably
similar products. On information and belief, Defendant Microsoft knew or should have known its
actions would induce and/or contribute to infringement of the ’659 patent.
80.

On information and belief, Defendant Microsoft will continue to infringe the ’659

patent unless enjoined by this Court.
81.

Defendant Microsoft’s acts of infringement have damaged Potter Voice

Technologies in an amount to be proven at trial, but in no event less than a reasonable royalty.
Defendant Microsoft’s infringement of Potter Voice Technologies’ rights under the ’659 patent
will continue to damage Potter Voice Technologies causing irreparable harm, for which there is
no adequate remedy at law, unless enjoined by this Court.
82.

On information and belief, Defendant Microsoft knew of the ’659 patent and its

contents from about 2007 when the ’659 patent was cited in the prosecution of U.S. Patent No.
7,299,181. And on information and belief, Defendant Microsoft willfully infringed the ’659

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patent thus entitling Potter Voice Technologies to increased damages under 35 U.S.C. § 284 and
to attorneys’ fees and costs incurred in litigating this action under 35 U.S.C. § 285.
DEFENDANT NOKIA
83.

On information and belief, Defendant Nokia has been and now is infringing the

’659 patent in the State of Colorado, in this judicial district, and elsewhere in the United States
by, among other things, making, using, importing, offering to sell, and/or selling in the United
States digital computers using Windows Speech Commands and/or Google Voice Actions which
embody the inventions claimed in the ’659 patent, including but not limited to the Nokia Lumia
710 and all reasonably similar products. On information and belief, Defendant Nokia indirectly
infringes by contributing to its customers’ infringement using Windows Speech Commands
and/or Google Voice Actions on the Nokia Lumia 710 and all reasonably similar products. On
information and belief, Defendant Nokia indirectly infringes by actively inducing its customers
to use Windows Speech Commands and/or Google Voice Actions on the Nokia Lumia 710 and
all reasonably similar products. On information and belief, Defendant Nokia knew or should
have known its actions would induce and/or contribute to infringement of the ’659 patent.
84.

On information and belief, Defendant Nokia will continue to infringe the ’659

patent unless enjoined by this Court.
85.

Defendant Nokia’s acts of infringement have damaged Potter Voice Technologies

in an amount to be proven at trial, but in no event less than a reasonable royalty. Defendant
Nokia’s infringement of Potter Voice Technologies’ rights under the ’659 patent will continue to
damage Potter Voice Technologies causing irreparable harm, for which there is no adequate
remedy at law, unless enjoined by this Court.

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JOINDER
86.

As discussed in the preceding paragraphs, on information and belief, Defendants

infringe the asserted patents by making, using, selling, offering to sell, and/or importing specific
accused instrumentalities that are common to Defendants including specific hardware devices
and particular software.

Thus, Potter Voice Technologies asserts rights to relief against

Defendants with respect to or arising out of the same transaction, occurrence, or series of
transactions or occurrences relating to the making, using, importing into the United States,
offering for sale, or selling of the same accused products. Moreover, because specific accused
instrumentalities and asserted patents are common to Defendants, questions of fact common to
Defendants will arise in the action.
PRAYER FOR RELIEF
87.

Wherefore, Potter Voice Technologies respectfully requests that this Court enter

judgment against Defendants as follows:
a.

For judgment that Defendants have infringed and continues to infringe the

claims of the ’659 Patent;
b.

For preliminary and permanent injunction against Defendants and its

respective officers, directors, agents, servants, affiliates, employees, divisions,
branches, subsidiaries, parents, and all others acting in active concert therewith
from infringement of the ’659 Patent;
c.

For judgment that Defendant Apple’s, Sony’s, and Microsoft’s acts of

infringement and/or contributing to and/or inducing infringement have been and
are willful;

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d.

For an accounting of all damages caused by Defendants’ acts of

infringement;
e.

For damages to be paid by Defendants adequate to compensate Potter

Voice Technologies for Defendants’ infringement, including interest, costs and
disbursement as justified under 35 U.S.C. § 284;
f.

For judgment finding this to be an exceptional case, and awarding Potter

Voice Technologies attorney fees under 35 U.S.C. § 285; and
g.

For such relief at law and in equity as the Court may deem just and proper.
DEMAND FOR A JURY TRIAL

Potter Voice demands a trial by jury of all issues triable by a jury.

Dated: April 25, 2012

Respectfully submitted,
/s/ Christopher D. Banys
Christopher D. Banys - Lead Attorney
THE LANIER LAW FIRM, P.C.
Christopher D. Banys
SBN: 230038 (California)
Daniel W. Bedell
SBN: 254912 (California)
2200 Geng Road, Suite 200
Palo Alto, CA 94303
[phone]
[phone] (fax)
[e-mail]
[e-mail]

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LOCAL COUNSEL:
RYLEY CARLOCK & APPLEWHITE
F. Brittin Clayton III, #15940
1700 Lincoln Street, Suite 3500
Denver, CO 80203
[phone]
[e-mail]

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