Rockstar Consortium US LP et al v. Google Inc

Filing 1

COMPLAINT for Patent Infringement against Google Inc ( Filing fee $ 400 receipt number 0540-4385057.), filed by Rockstar Consortium US LP, NetStar Technologies LLC. (Attachments: # 1 Civil Cover Sheet, # 2 List of Attorneys, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6)(Tribble, Max)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
MARSHALL DIVISION
ROCKSTAR CONSORTIUM US LP
AND NETSTAR TECHNOLOGIES
LLC,
Civil Action No.

Plaintiff,
v.

JURY TRIAL DEMANDED

GOOGLE INC.,
Defendant.

COMPLAINT FOR PATENT INFRINGEMENT
1.

Plaintiffs

ROCKSTAR

CONSORTIUM

US

LP

and

NETSTAR

TECHNOLOGIES LLC (collectively, “Plaintiffs”) for its Complaint against Defendant
GOOGLE, INC. (“Google”), alleges infringement of United States Patent Nos. 6,098,065;
7,236,969; 7,469,245; 7,672,970; 7,895,178; 7,895,183; and 7,933,883 (the “patents-in-suit”):
THE PARTIES AND BACKGROUND
2.

Plaintiff Rockstar Consortium US LP (“Rockstar”) is a Delaware limited

partnership with its principal place of business at Legacy Town Center I, 7160 N. Dallas
Parkway, Suite 250, Plano, Texas 75024.
3.

Plaintiff NetStar Technologies LLC (“NetStar”) is a wholly-owned subsidiary of

Rockstar Consortium US LP and is a Delaware corporation with its principal place of business at
Legacy Town Center I, 7160 N. Dallas Parkway, Suite 250, Plano, Texas 75024. NetStar is the
exclusive licensee of the patents-in-suit.

4.

Plaintiffs are informed and believe, and on that basis allege, that Defendant

Google is a Delaware corporation with its principal place of business at 1600 Amphitheatre
Parkway, Mountain View, CA 94043.
5.

Nortel Networks, a previous assignee of the patents-in-suit, conducted an auction

for Nortel’s patent portfolio in July 2011. The auction included the patents-in-suit.
6.

At that auction, Google and other companies bid for Nortel’s portfolio.

7.

Google was aware of the patents-in-suit at the time of the auction.

8.

Google placed an initial bid of $900,000,000 for the patents-in-suit and the rest of

the Nortel portfolio. Google subsequently increased its bid multiple times, ultimately bidding as
high as $4.4 billion. That price was insufficient to win the auction, as a group led by the current
shareholders of Rockstar purchased the portfolio for $4.5 billion.
9.

Despite losing in its attempt to acquire the patents-in-suit at auction, Google has

infringed and continues to infringe the patents-in-suit.
JURISDICTION AND VENUE
10.

The court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331 and

1338(a) because this action arises under the patent laws of the United States, 35 U.S.C. §§ 1 et
seq. Venue is proper in this federal district pursuant to 28 U.S.C. §§ 1391(b)-(c) and 1400(b).
INFRINGEMENT OF U.S. PATENT NO. 6,098,065
11.

On August 1, 2000, United States Patent No. 6,098,065 (the “‘065 patent”) was

duly and legally issued for an invention entitled “Associative Search Engine.” Rockstar is the
assignee of the ‘065 patent and has granted an exclusive license to NetStar, who holds all rights
and interest in the ‘065 patent. A true and correct copy of the ‘065 patent is attached hereto as
Exhibit A.
12.

Google has infringed and continues to infringe the ‘065 patent by its manufacture,

use, sale, importation, and/or offer for sale of systems, methods, products, and processes for
matching search terms with relevant advertising and/or information based on those search terms
and other user data, including but not limited to Google’s process of receiving search requests

from a user, using its search engine to generate search results based at least in part on the search
request, selecting—through Google’s AdWords and/or any other products, methods, systems, or
services Google uses to store and choose relevant advertising—a relevant advertisement based
on the search request and/or user data, and providing the search results together with the
particular advertisement to the user; and additionally Google’s systems, methods, products, and
processes of using other user data aside from the search request to help select the search result
and/or advertisement; and additionally and alternatively its contributing to and inducement of
others to manufacture, use, sell, import, and/or offer for sale infringing systems, methods,
products, and processes in the manners described above. Google is liable for its infringement of
the ‘065 patent pursuant to 35 U.S.C. § 271.
13.

Google’s acts of infringement have caused damage to Plaintiffs, and Plaintiffs are

entitled to recover from Google the damages sustained by Rockstar, NetStar, and Rockstar’s
predecessor assignees as a result of Google’s wrongful acts in an amount subject to proof at trial.
INFRINGEMENT OF U.S. PATENT NO. 7,236,969
14.

On June 26, 2007, United States Patent No. 7,236,969 (the “‘969 patent”) was

duly and legally issued for an invention entitled “Associative Search Engine.” Rockstar is the
assignee of the ‘969 patent and has granted an exclusive license to NetStar, who holds all rights
and interest in the ‘969 patent. A true and correct copy of the ‘969 patent is attached hereto as
Exhibit B.
15.

Google has infringed and continues to infringe the ‘969 patent by its manufacture,

use, sale, importation, and/or offer for sale of systems, methods, products, and processes for
matching search terms with relevant advertising and/or information based on those search terms
and other user data, including but not limited to Google’s process of receiving search requests
from a user, using its search engine to generate search results based at least in part on the search
request, selecting—through Google’s AdWords and/or any other products, methods, systems, or
services Google uses to store and choose relevant advertising—a relevant advertisement based
on the search request and/or user data, and providing the search results together with the

particular advertisement to the user; and additionally Google’s systems, methods, products, and
processes of using other user data aside from the search request to help select the search result
and/or advertisement; and additionally and alternatively its contributing to and inducement of
others to manufacture, use, sell, import, and/or offer for sale infringing systems, methods,
products, and processes in the manners described above. Google is liable for its infringement of
the ‘969 patent pursuant to 35 U.S.C. § 271.
16.

Google’s acts of infringement have caused damage to Plaintiffs, and Plaintiffs are

entitled to recover from Google the damages sustained by Rockstar, NetStar, and Rockstar’s
predecessor assignees as a result of Google’s wrongful acts in an amount subject to proof at trial.
INFRINGEMENT OF U.S. PATENT NO. 7,469,245
17.

On December 23, 2008, United States Patent No. 7,469,245 (the “‘245 patent”)

was duly and legally issued for an invention entitled “Associative Search Engine.” Rockstar is
the assignee of the ‘245 patent and has granted an exclusive license to NetStar, who holds all
rights and interest in the ‘245 patent. A true and correct copy of the ‘245 patent is attached
hereto as Exhibit C.
18.

Google has infringed and continues to infringe the ‘245 patent by its manufacture,

use, sale, importation, and/or offer for sale of systems, methods, products, and processes for
matching search terms with relevant advertising and/or information based on those search terms
and other user data, including but not limited to Google’s process of receiving search requests
from a user, using its search engine to generate search results based at least in part on the search
request, selecting—through Google’s AdWords and/or any other products, methods, systems, or
services Google uses to store and choose relevant advertising—a relevant advertisement based
on the search request and/or user data, and providing the search results together with the
particular advertisement to the user; and additionally Google’s systems, methods, products, and
processes of using other user data aside from the search request to help select the search result
and/or advertisement; and additionally and alternatively its contributing to and inducement of
others to manufacture, use, sell, import, and/or offer for sale infringing systems, methods,

products, and processes in the manners described above. Google is liable for its infringement of
the ‘245 patent pursuant to 35 U.S.C. § 271.
19.

Google’s acts of infringement have caused damage to Plaintiffs, and Plaintiffs are

entitled to recover from Google the damages sustained by Rockstar, NetStar, and Rockstar’s
predecessor assignees as a result of Google’s wrongful acts in an amount subject to proof at trial.
INFRINGEMENT OF U.S. PATENT NO. 7,672,970
20.

On March 2, 2010, United States Patent No. 7,672,970 (the “‘970 patent”) was

duly and legally issued for an invention entitled “Associative Search Engine.” Rockstar is the
assignee of the ‘970 patent and has granted an exclusive license to NetStar, who holds all rights
and interest in the ‘970 patent. A true and correct copy of the ‘970 patent is attached hereto as
Exhibit D.
21.

Google has infringed and continues to infringe the ‘970 patent by its manufacture,

use, sale, importation, and/or offer for sale of systems, methods, products, and processes for
matching search terms with relevant advertising and/or information based on those search terms
and other user data, including but not limited to Google’s process of receiving search requests
from a user, using its search engine to generate search results based at least in part on the search
request, selecting—through Google’s AdWords and/or any other products, methods, systems, or
services Google uses to store and choose relevant advertising—a relevant advertisement based
on the search request and/or user data, and providing the search results together with the
particular advertisement to the user; and additionally Google’s systems, methods, products, and
processes of using other user data aside from the search request to help select the search result
and/or advertisement; and additionally and alternatively its contributing to and inducement of
others to manufacture, use, sell, import, and/or offer for sale infringing systems, methods,
products, and processes in the manners described above. Google is liable for its infringement of
the ‘970 patent pursuant to 35 U.S.C. § 271.

22.

Google’s acts of infringement have caused damage to Plaintiffs, and Plaintiffs are

entitled to recover from Google the damages sustained by Rockstar, NetStar, and Rockstar’s
predecessor assignees as a result of Google’s wrongful acts in an amount subject to proof at trial.
INFRINGEMENT OF U.S. PATENT NO. 7,895,178
23.

On February 22, 2011, United States Patent No. 7,895,178 (the “‘178 patent”)

was duly and legally issued for an invention entitled “Associative Search Engine.” Rockstar is
the assignee of the ‘178 patent and has granted an exclusive license to NetStar, who holds all
rights and interest in the ‘178 patent. A true and correct copy of the ‘178 patent is attached
hereto as Exhibit E.
24.

Google has infringed and continues to infringe the ‘178 patent by its manufacture,

use, sale, importation, and/or offer for sale of systems, methods, products, and processes for
matching search terms with relevant advertising and/or information based on those search terms
and other user data, including but not limited to Google’s process of receiving search requests
from a user, using its search engine to generate search results based at least in part on the search
request, selecting—through Google’s AdWords and/or any other products, methods, systems, or
services Google uses to store and choose relevant advertising—a relevant advertisement based
on the search request and/or user data, and providing the search results together with the
particular advertisement to the user; and additionally Google’s systems, methods, products, and
processes of using other user data aside from the search request to help select the search result
and/or advertisement; and additionally and alternatively its contributing to and inducement of
others to manufacture, use, sell, import, and/or offer for sale infringing systems, methods,
products, and processes in the manners described above. Google is liable for its infringement of
the ‘178 patent pursuant to 35 U.S.C. § 271.
25.

Google’s acts of infringement have caused damage to Plaintiffs, and Plaintiffs are

entitled to recover from Google the damages sustained by Rockstar, NetStar, and Rockstar’s
predecessor assignees as a result of Google’s wrongful acts in an amount subject to proof at trial.

INFRINGEMENT OF U.S. PATENT NO. 7,895,183
26.

On February 22, 2011, United States Patent No. 7,895,183 (the “‘183 patent”)

was duly and legally issued for an invention entitled “Associative Search Engine.” Rockstar is
the assignee of the ‘183 patent and has granted an exclusive license to NetStar, who holds all
rights and interest in the ‘183 patent. A true and correct copy of the ‘183 patent is attached
hereto as Exhibit F.
27.

Google has infringed and continues to infringe the ‘183 patent by its manufacture,

use, sale, importation, and/or offer for sale of systems, methods, products, and processes for
matching search terms with relevant advertising and/or information based on those search terms
and other user data, including but not limited to Google’s process of receiving search requests
from a user, using its search engine to generate search results based at least in part on the search
request, selecting—through Google’s AdWords and/or any other products, methods, systems, or
services Google uses to store and choose relevant advertising—a relevant advertisement based
on the search request and/or user data, and providing the search results together with the
particular advertisement to the user; and additionally Google’s systems, methods, products, and
processes of using other user data aside from the search request to help select the search result
and/or advertisement; and additionally and alternatively its contributing to and inducement of
others to manufacture, use, sell, import, and/or offer for sale infringing systems, methods,
products, and processes in the manners described above. Google is liable for its infringement of
the ‘183 patent pursuant to 35 U.S.C. § 271.
28.

Google’s acts of infringement have caused damage to Plaintiffs, and Plaintiffs are

entitled to recover from Google the damages sustained by Rockstar, NetStar, and Rockstar’s
predecessor assignees as a result of Google’s wrongful acts in an amount subject to proof at trial.
INFRINGEMENT OF U.S. PATENT NO. 7,933,883
29.

On April 26, 2011, United States Patent No. 7,933,883 (the “‘883 patent”) was

duly and legally issued for an invention entitled “Associative Search Engine.” Rockstar is the
assignee of the ‘883 patent and has granted an exclusive license to NetStar, who holds all rights

and interest in the ‘883 patent. A true and correct copy of the ‘883 patent is attached hereto as
Exhibit G.
30.

Google has infringed and continues to infringe the ‘883 patent by its manufacture,

use, sale, importation, and/or offer for sale of systems, methods, products, and processes for
matching search terms with relevant advertising and/or information based on those search terms
and other user data, including but not limited to Google’s process of receiving search requests
from a user, using its search engine to generate search results based at least in part on the search
request, selecting—through Google’s AdWords and/or any other products, methods, systems, or
services Google uses to store and choose relevant advertising—a relevant advertisement based
on the search request and/or user data, and providing the search results together with the
particular advertisement to the user; and additionally Google’s systems, methods, products, and
processes of using other user data aside from the search request to help select the search result
and/or advertisement; and additionally and alternatively its contributing to and inducement of
others to manufacture, use, sell, import, and/or offer for sale infringing systems, methods,
products, and processes in the manners described above. Google is liable for its infringement of
the ‘883 patent pursuant to 35 U.S.C. § 271.
31.

Google’s acts of infringement have caused damage to Plaintiffs, and Plaintiffs are

entitled to recover from Google the damages sustained by Rockstar, NetStar, and Rockstar’s
predecessor assignees as a result of Google’s wrongful acts in an amount subject to proof at trial.
WILLFUL INFRINGEMENT
32.

Google’s infringement of any or all of the above-named patents is willful and

deliberate, entitling Plaintiffs to increased damages under 35 U.S.C. § 284 and to attorneys’ fees
and costs incurred in prosecuting this action under 35 U.S.C. § 285.
33.

Despite losing in its attempt to acquire the patents-in-suit at auction, Google has

infringed and continues to infringe the patents-in-suit despite its knowledge of the patents-in-suit
and the objectively high likelihood that its actions constitute patent infringement.

JURY DEMAND
34.

Plaintiffs demand a trial by jury on all issues.

PRAYER FOR RELIEF
WHEREFORE, Plaintiffs ROCKSTAR CONSORTIUM US LP and NETSTAR
TECHNOLOGIES LLC request entry of judgment in their favor and against Defendant Google,
Inc. as follows:
a)

Declaration that Google has infringed U.S. Patent Nos. 6,098,065; 7,236,969;

7,469,245; 7,672,970; 7,895,178; 7,895,183; and 7,933,883;
b)

Declaration that Google’s infringement has been willful and enhanced damages

and fees as a result of that willfulness under 35 U.S.C. § 284;
c)

Awarding the past and future damages arising out of Google’s infringement of

U.S. Patent Nos. 6,098,065; 7,236,969; 7,469,245; 7,672,970; 7,895,178; 7,895,183; and
7,933,883 to Plaintiffs together with prejudgment and post-judgment interest, in an amount
according to proof;
d)

Awarding attorneys’ fees, costs, or other damages pursuant to 35 U.S.C. §§ 284 or

285 or as otherwise permitted by law; and
e)

For such other costs and further relief as the Court may deem just and proper.

DATED: October 31, 2013

Respectfully submitted,

By: /s/ Max L. Tribble, Jr.
Max L. Tribble, Jr. – Lead Counsel
State Bar No. 20213950
Alexander L. Kaplan
State Bar No. 24046185
SUSMAN GODFREY L.L.P.
1000 Louisiana Street, Suite 5100
Houston, Texas 77002
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
Justin A. Nelson, State Bar No. 24034766
Parker C. Folse, III, WA State Bar No. 24895
SUSMAN GODFREY L.L.P.
1201 Third Avenue, Suite 3800
Seattle, Washington 98101
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
Attorneys for Rockstar Consortium US LP and NetStar
Technologies LLC