SimpleAir, Inc. v. Google Inc.

Filing 1

COMPLAINT for Patent Infringement against Google Inc. ( Filing fee $ 400 receipt number 0540-4389482.), filed by SimpleAir, Inc.. (Attachments: # 1 Exhibit A - '279 Patent, # 2 Civil Cover Sheet)(Eichmann, John)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
MARSHALL DIVISION

SimpleAir, Inc.,

Civil Action No.
Plaintiff,

Jury Demanded

vs.
Google Inc.,
Defendant.
COMPLAINT FOR PATENT INFRINGEMENT
Plaintiff SimpleAir, Inc. sues Defendant Google and on information and belief alleges as
follows:
Introduction
1.

Plaintiff SimpleAir owns the inventions described and claimed in US. Patent No.

8,572,279 (the '279 patent), entitled "System and Method for Transmission of Data." Defendant
Google has infringed this patent in making and using the systems claimed by the patent by
developing, offering, operating, using, and putting into service the Google Cloud Messaging
(GCM) and Android Cloud to Device Messaging (C2DM) services and systems. SimpleAir
seeks damages for patent infringement and an injunction preventing Google from further direct
infringement of the patent.
Jurisdiction and venue
2.

This is an action for patent infringement arising under the patent laws of the

United States, 35 US.C. §§271 and 281, et seq. The Court has original jurisdiction over this
patent infringement action under 28 US.C. §1338(a).
3.

Venue is proper in this Court because Defendant Google is responsible for acts of
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infringement occurring in the Eastern District of Texas as alleged in this Complaint, and has
delivered or caused to be delivered infringing services and software in the Eastern District of
Texas. In addition, this Court has presided over prior matters relating to the asserted patent:
•

Simple/ur, Inc. v. AWS Convergence Technologies, Inc., et al., 2:09-cv-289-CE (E.D.
Tex.), in which the Court entered a Markman order construing the parent patents of the
'279 patent;

•

Simple/ur, Inc. v. Microsoft Corporation, et al., 2: ll-cv-416 JRG (E.D. Tex.), in which
the Court entered a Markman order construing the parent patents of the '279 patent.
Plaintiff SimpleAir. Inc.
4.

Plaintiff SimpleAir, Inc. is a corporation existing under and by virtue of the laws

of the State of Texas. SimpleAir is an inventor-owned technology licensing company with
interests and intellectual property in the wireless content delivery, mobile application, and push
notification market spaces. SimpleAir's patent portfolio is licensed by many leading technology
compames.
The Patent
5.

The United States Patent and Trademark Office issued the '279 patent on October

29, 2013. A copy of the '279 patent is attached as Exhibit A. SimpleAir is the owner of all
right, title, and interest in the patent, including all rights to pursue and collect damages for past
infringements of the patent.
Defendant Google
6.

Defendant Google Inc. ("Google") is a Delaware corporation with a principal

place of business in Mountain View, California and various other offices and facilities of
relevance located throughout the country.
First Claim for Patent Infringement ('279 patent)
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7.

Plaintiff incorporates by reference each of the allegations in paragraphs 1-6 above

and further alleges as follows:
8.

On October 29,2013, the United States Patent and Trademark Office issued U.S.

Patent No. 8,572,279 (the '279 patent), entitled "System and Method for Transmission of Data."
9.

Plaintiff SimpleAir, Inc. is the owner of the '279 patent with full rights to pursue

recovery of royalties or damages for infringement of said patent, including full rights to recover
past and future damages.
10.

Each claim of the '279 patent is valid and enforceable.

11.

Defendant Google has directly infringed the claims of the '279 patent by making,

using, operating, and putting into service the Google Cloud Messaging (GCM) and Android
Cloud to Device Messaging (C2DM) services and systems.
12.

PlaintiffSimpleAir

has been damaged by Google's infringement of the '279

patent and will suffer additional irreparable damage and impairment of the value of its patent
rights unless Google is enjoined from continuing to infringe.
13.

Plaintiff SimpleAir demands trial by jury of all issues relating to this claim.

WHEREFORE, Plaintiff prays for judgment as follows:
A.

A decree permanently enjoining Defendant Google, its officers, directors,

employees, agents, and all persons in active concert with them, from infringing the '279 patent;
B.

Compensatory damages for Defendant Google's infringement of the '279 patent;

C.

Pre-judgment interest; and

D.

For such other relief as justice requires.

Date: November 4,2013

Respectfully submitted,
By: lsi JetfEichmann
John Jeffrey Eichmann
CA State Bar No. 227472
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(admitted to practice before the U.S. District
Court for the Eastern District of Texas)
DOVEL & LUNER, LLP
201 Santa Monica Blvd., Suite 600
Santa Monica, CA 90401
Telephone: [phone]
Facsimile: 310-657-7069
Email: [e-mail]
S. Calvin Capshaw
State Bar No. 03783900
Email: [e-mail]
Elizabeth L. DeRieux
State Bar No. 05770585
Email: [e-mail]
Capshaw DeRieux LLP
114 E. Commerce
Gladewater, Texas 75647
Telephone: [phone]
Facsimile: [phone]
ATTORNEYS FOR PLAINTIFF
SIMPLEAIR, INC.

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