F & G Research, Inc. v. Google, Inc.

Filing 4

AMENDED COMPLAINT by F & G Research, Inc. , (Answer due 7/16/06 for Google, Inc. ) amending [1-1] complaint (cj, Deputy Clerk)

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F & G Research, Inc. v. Google, Inc. Doc. 4 Case 0:06-cv-60905-CMA Document 4 Entered on FLSD Docket 07/06/2006 Page 1 of 23 Jul 6 2006 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No.: 06-60905-CIV-ALTONAGA/Turnoff F & G RESEARCH, INC., Plaintiff, vs. GOOGLE INC., Defendant. AMENDED COMPLAINT FOR PATENT INFRINGEMENT Plaintiff, F & G Research, Inc. ("F&G"), by and through its undersigned counsel, brings this action against Defendant, Google Inc. ("Google"), for patent infringement and alleges as follows: THE PARTIES 1. Plaintiff, F&G is a corporation organized under the laws of the State of Florida, with its principal place of Business located at Naples and Fort Lauderdale, Florida 2. Upon information and belief, Defendant, Google is a corporation organized under the laws of the State of Delaware, with its principal place of business located at Mountain View, California. JURISDICTION AND VENUE 3. This Court has subject matter jurisdiction over this action under 28 U.S.C. �� 1331 and 1338(a), in that this is an action for patent infringement arising under the united States Patent Laws at Title 35, United States Code, 35 U.S.C. �� 271et seq. 1 1 of 23 4 Dockets.Justia.com Case 0:06-cv-60905-CMA Document 4 Entered on FLSD Docket 07/06/2006 Page 2 of 23 4. Defendant has committed acts of patent infringement in the Federal District for the Southern District of Florida and elsewhere throughout the United States. 5. Venue is proper in this Court pursuant to 28 U.S.C. � 1391(d). PATENT INFRINGMENT 6. On May 17, 1994, U.S. Patent No 5,313,229 ("the 229 patent") was duly and legally issued to Federico U. Gilligan and Fernando D. Falcon for an invention entitled MOUSE AND METHOD FOR CONCURRENT CURSOR POSITION AND SCROLLING CONTROL. F&G is the owner of the entire right, title, and interest in and to the `229 patent by virtue of an assignment. A copy of the `229 patent is attached as Exhibit A. 7. On information and belief, Defendant is willfully and deliberately infringing the `229 patent by distributing within the United States, software compatible with the scrolling mouse of the `229 patent. 8. 9. The Defendant's software is distributed without permission or license from F&G. The use of Defendant's software falls within the scope of at least one claim of the `229 patent, thereby its actions constitute acts of infringement of the patent. 10. As a direct and proximate result of Defendant's infringement of the `229 patent, F&G has suffered and continues to suffer damages, which will continue unless such acts of infringement are enjoined by the Court. 11. Specifically, Defendant Google has provided within this District and elsewhere, software compatible with the scrolling mouse of the `229 patent, specifically for use as part of the method covered by the `229 patent. Such software constitutes a material part of the invention covered by the `229 patent and is not a staple article or commodity of commerce suitable for substantial noninfringing use and therefore, the use of the software in conjunction with a 2 2 of 23 Case 0:06-cv-60905-CMA Document 4 Entered on FLSD Docket 07/06/2006 Page 3 of 23 scrolling mouse, constitutes an infringement of the `229 patent under 35 U.S.C. � 271(c). 12. Defendant Google, through its provision of the software induces infringement under 35 U.S.C. � 271(b) by a user of the mouse and software in combination. WHEREFORE, F & G Research, Inc. prays that judgment be in its favor and an award of the following relief: a. permanent injunctive relief prohibiting Defendant, its agents, employees, licensees, and all those in privity with Defendant from engaging in acts of infringement of the `229 patent; b. c. d. e. f. an award of all damages recoverable under the United States Patent Laws; an award of treble damages for Defendant's willful infringement; an award of attorneys' fees to the extent permitted under 35 U.S.C. 285; an award of all taxable costs; and such other and further legal and equitable relief as the Court deems appropriate JURY DEMAND Plaintiff hereby demands trial by jury on any and all issues so triable. Dated: July 6 2006 Fort Lauderdale, Florida Respectfully Submitted, /s/ Allen D. Brufsky Allen D. Brufsky, Esq. Florida Bar No. 133980 abrufsky@cwiplaw.com CHRISTOPHER & WEISBERG, P.A. 200 East Las Olas Boulevard, Suite 2040 Fort Lauderdale, Florida 33301 Telephone: (954) 828-1488 Facsimile: (954) 828-9122 Attorneys for Plaintiff, F & G Research, Inc. . 3 3 of 23 Case 0:06-cv-60905-CMA Document 4 Entered on FLSD Docket 07/06/2006 Page 4 of 23 CERTIFICATE OF SERVICE WE HEREBY CERTIFY that a true and correct copy of the foregoing AMENDED COMPLAINT FOR PATENT INFRINGEMENT, is being deposited with the United States Postal Service in First Class postage-paid envelopes this 6th , day of June, 2006, addressed to: Corporation Service Company d/b/a CSC � Lawyers Incorporating Service Registered Agent for GOOGLE INC. P.O. Box 526036 Sacramento, CA 95852-6036 Michelle Lee, Esq. GOOGLE INC. 1600 Amphitheatre Parkway Mountain View, California 94043 /s/ Allen D. Brufsky Allen D. Brufsky, Esq. 57486 4 4 of 23 Case 0:06-cv-60905-CMA Document 4 Entered on FLSD Docket 07/06/2006 Page 5 of 23 5 of 23 Case 0:06-cv-60905-CMA Document 4 Entered on FLSD Docket 07/06/2006 Page 6 of 23 6 of 23 Case 0:06-cv-60905-CMA Document 4 Entered on FLSD Docket 07/06/2006 Page 7 of 23 7 of 23 Case 0:06-cv-60905-CMA Document 4 Entered on FLSD Docket 07/06/2006 Page 8 of 23 8 of 23 Case 0:06-cv-60905-CMA Document 4 Entered on FLSD Docket 07/06/2006 Page 9 of 23 9 of 23 Case 0:06-cv-60905-CMA Document 4 Entered on FLSD Docket 07/06/2006 Page 10 of 23 10 of 23 Case 0:06-cv-60905-CMA Document 4 Entered on FLSD Docket 07/06/2006 Page 11 of 23 11 of 23 Case 0:06-cv-60905-CMA Document 4 Entered on FLSD Docket 07/06/2006 Page 12 of 23 12 of 23 Case 0:06-cv-60905-CMA Document 4 Entered on FLSD Docket 07/06/2006 Page 13 of 23 13 of 23 Case 0:06-cv-60905-CMA Document 4 Entered on FLSD Docket 07/06/2006 Page 14 of 23 14 of 23 Case 0:06-cv-60905-CMA Document 4 Entered on FLSD Docket 07/06/2006 Page 15 of 23 15 of 23 Case 0:06-cv-60905-CMA Document 4 Entered on FLSD Docket 07/06/2006 Page 16 of 23 16 of 23 Case 0:06-cv-60905-CMA Document 4 Entered on FLSD Docket 07/06/2006 Page 17 of 23 17 of 23 Case 0:06-cv-60905-CMA Document 4 Entered on FLSD Docket 07/06/2006 Page 18 of 23 18 of 23 Case 0:06-cv-60905-CMA Document 4 Entered on FLSD Docket 07/06/2006 Page 19 of 23 19 of 23 Case 0:06-cv-60905-CMA Document 4 Entered on FLSD Docket 07/06/2006 Page 20 of 23 20 of 23 Case 0:06-cv-60905-CMA Document 4 Entered on FLSD Docket 07/06/2006 Page 21 of 23 21 of 23 Case 0:06-cv-60905-CMA Document 4 Entered on FLSD Docket 07/06/2006 Page 22 of 23 22 of 23 Case 0:06-cv-60905-CMA Document 4 Entered on FLSD Docket 07/06/2006 Page 23 of 23 23 of 23

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