Industrial Quick Search, Inc. et al v. Google, Inc.

Filing 1

COMPLAINT with jury demand against Google, Inc. filed by Industrial Quick Search, Inc., Michael Meiresonne (Attachments: # 1 Exhibit A - USPN 8,156,096, # 2 Summons)(LeRoy, John)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF MICHIGAN
Industrial Quick Search, Inc.,
a Michigan corporation, and
Michael Meiresonne, an Individual
Case No. _____________
Plaintiffs,
v.
Google, Inc., a Delaware corporation,
Defendant.

JURY TRIAL DEMANDED

COMPLAINT FOR PATENT INFRINGEMENT
AND DEMAND FOR JURY TRIAL
Plaintiffs Industrial Quick Search, Inc. (“IQS”) and Michael Meiresonne (“Meiresonne”),
by and through their counsel, for their Complaint against Google, Inc. (“Google”) allege as
follows:
The Parties
1.

IQS is a Michigan corporation having its principal place of business at 1500 East

Beltline Ave., Suite 265, Grand Rapids, MI 49506.
2.

Meiresonne owns IQS and resides at 2096 Robinson Road, East Grand Rapids,

MI 49506.
3.

On information and belief, defendant Google is a Delaware corporation having its

principal place of business at 1600 Amphitheatre Parkway, Mountain View, CA 94043.

Jurisdiction And Venue
4.

The claims pleaded herein arise under the Patent Act, 35 U.S.C. § 1 et seq.

5.

Subject matter jurisdiction for the pleaded claims is conferred upon the Court by

28 U.S.C. §§ 1331 and 1338.
6.

IQS, the exclusive licensee of the asserted patent, resides and is registered to do

business in this District (MI Bus. I.D. No. 23571C).
7.

Meiresonne, the inventor of the asserted patent and the sole owner of IQS, also

resides in this District.
8.

Google regularly and continuously engages in substantial sales and other business

transactions in this District. Google is registered to do business in this District (MI Bus. I.D. No.
650221). Google’s Registered Agent Office address in this District is 601 Abbot Rd., East
Lansing, MI 48823.
9.

Google has committed acts of patent infringement and has established minimum

contacts in this District.
10.

On information and belief, Google receives millions of dollars of search

advertising revenue from this District.
11.

For at least these reasons, venue is proper in this District pursuant to 28 U.S.C.

§ 1391 and/or 28 U.S.C. § 1400.
Meiresonne, IQS And The Patented Technology
12.

Meiresonne entered the industrial search listing business in 1975 by working with

MacRAE’S Blue Book. In 1981, Meiresonne joined Thomas Register, where he became a senior
sales contractor and was awarded one of the company’s top ten sales franchises.

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13.

The patented technology relates to the display of “rollover” or “preview”

windows alongside Internet search result listings. Meiresonne invented the patented technology
as an improvement over traditional text-only Internet search listings.
14.

IQS has practiced its patented technology since 2000, providing an online

directory search tool having a rollover window feature.

The IQS directory features many

industrial manufacturers, service providers, suppliers and distributors who pay IQS to be listed.
15.

An

example

of

the

patented

IQS

search

http://www.iqsdirectory.com/air-conditioners/, reproduced below.

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tool

can

be

seen

at

16.

By using a mouse to “roll over” the names of the air conditioner suppliers listed

above, an informational window or advertisement associated with each supplier is automatically
displayed to the left of the text listings.
17.

IQS derives its revenue from the suppliers of goods or services that pay IQS to list

and thereby advertise their goods in the IQS online directory of products and services. The IQS
directory has experienced more than 17,000,000 page views.
18.

U.S. Patent No. 8,156,096 (the “‘096 Patent,” Exhibit A) is entitled “Supplier

Identification and Locator System and Method.” The ‘096 Patent issued April 10, 2012 and,
through intermediate applications, claims priority to U.S. Patent Application Serial No.
09/938,163 filed August 23, 2001.
19.

Figure 2 of the ‘096 Patent depicts one embodiment of the patented technology:

20.

Meiresonne is the inventor and sole owner of the ‘096 Patent.

IQS is the

exclusive licensee of the ‘096 patent, and has the right to enforce the ‘096 patent in this case.
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21.

The IQS search tool is marked with the ‘096 Patent number pursuant to 35 U.S.C.

§ 287.

Google’s Infringement Of The ‘096 Patent
22.

Google infringes the ‘096 patent by providing a rollover window to the right of

search engine results for various goods and services. For example, a search of “air conditioners”
at Google produces the following search result.

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23.

Just as described in the ‘096 patent, Google provides a rollover window alongside

local search results that provides additional information about particular local listings, such as
the address and telephone number of the company that provides the good or service, as well as
graphics corresponding to the search results listing.
24.

Placing a mouse over the hyperlink, associated address, or the double arrow “>>”

corresponding to the local listings (e.g., “Serene Comfort Heating and Cooling”) produces the
rollover window along the right-hand side of the listings. The rollover window provides, for
each of the local listings, the address, telephone number, a map of their location and, in some
cases, one or more images associated with the listing.
25.

Google introduced the infringing “instant preview” technology in approximately

November 2010 to enhance its search engine, increase traffic, and ultimately generate revenue.
For example, Google’s 2010 10K Report filed with the Securities and Exchange Commission
(“SEC”) states that “Instant Previews” are among “some recent notable enhancements to search.”
Google’s 2011 10K and Google’s 2012 1Q 10K, each also filed with the SEC, state that
“providing an option to preview the ad” was among the “improvements in [Google’s] ability to
ultimately monetize increased traffic.”
26.

Google has infringed, and continues to infringe, one or more claims of the ‘096

Patent by making, using and/or selling the rollover feature described above, and by inducing
users of Google’s use that feature.
27.

Meiresonne and IQS have suffered damages as a result of the infringing activities

of Google, and will continue to suffer such damages as long as Google’s infringing activities
continue.

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Prayer For Relief
WHEREFORE, IQS and Meiresonne request entry of a judgment against Google,
granting relief as follows:
A.

Finding Google liable for infringement of the ‘096 patent;

B.

Entering an Order preliminarily and permanently enjoining Google, together with
any officers, agents, servants, employees, and attorneys, and such other persons in
active concert or participation with Google who receive actual notice of the
Order, from further infringement of the ‘096 patent;

C.

Awarding Plaintiffs damages adequate to compensate for Google’s infringement;

D.

Declaring this an exceptional case within the meaning of 35 U.S.C. § 285, and
awarding Plaintiffs treble damages and their reasonable attorney's fees, costs, and
disbursements;

E.

Awarding Plaintiffs interest on all damages awarded; and

F.

Granting such other, further and different relief as may be just and equitable on
the proofs.

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Demand For Jury Trial
Plaintiffs hereby demand a trial by jury for all issues so triable.

Respectfully submitted,
BROOKS KUSHMAN P.C.
Dated: July 17, 2013
/s/ John S. LeRoy
John S. Le Roy (MI Bar No. P61964)
Thomas A. Lewry (MI Bar No. P36399)
William G. Abbatt (MI Bar No. P34094)
1000 Town Center, 22nd Floor
Southfield, Michigan 48075-1238
Tel: [phone] – Fax [phone]
Email: [e-mail]
[e-mail]
[e-mail]
Attorneys for Plaintiffs

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