Titanide Ventures, LLC v. Google, Inc.

Filing 1

COMPLAINT against Google, Inc. ( Filing fee $ 350 receipt number 0540-3506749.), filed by Titanide Ventures, LLC. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A - U.S. Patent Number 6,714,968, # 3 Exhibit B - U.S. Patent Number 6,735,623, # 4 Exhibit C - U.S. Patent Number 6,952,724)(Hill, Jack)

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

TITANIDE VENTURES, LLC,
Plaintiff,
v.
GOOGLE, INC.,
Defendants.

§
§
§
§
§
§
§
§
§
§
§
§
§

Case No.: 4:12-cv-161

JURY TRIAL DEMANDED

COMPLAINT FOR PATENT INFRINGEMENT
Plaintiff, Titanide Ventures, LLC for its Complaint against Google, Inc., hereby alleges
as follows:
THE PARTIES
1.

Plaintiff Titanide Ventures, LLC, (“Titanide”) is a limited liability corporation

duly organized and existing under the laws of the State of Texas, having its principal place of
business at 911 NW Loop 281, Suite 211-30, Longview, TX 75604.
2.

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.
JURISDICTION AND VENUE
3.

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).

1

4.

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

Google because it has committed acts giving rise to this action within this judicial district and/or
has established minimum contacts within Texas and within this judicial district such that the
exercise of jurisdiction over Defendant Google would not offend traditional notions of fair play
and substantial justice.
5.

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

because Defendant Google has committed acts within this judicial district giving rise to this
action, and continues to conduct business in this district, and/or has committed acts of patent
infringement within this District giving rise to this action.
CLAIM 1
INFRINGEMENT OF U.S. PATENT 6,714,968
6.

Titanide re-alleges and incorporates by reference the allegations set forth in the

Paragraphs above as if fully set forth herein.
7.

On March 30, 2004, United States Patent Number 6,714,968 (“the ’968 patent”)

entitled “Method and System for Seamless Access to a Remote Storage Server Utilizing Multiple
Access Interfaces Executing on the Remote Server” was duly and lawfully issued by the United
States Patent and Trademark Office. A true and correct copy of the ’968 patent is attached
hereto as Exhibit A.
8.

Titanide is the owner and assignee of all right, title, and interest in and to the ’968

patent, including the right to assert all causes of action arising under said patent and the right to
any remedies for infringement of it.
9.

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

’968 patent in the State of Texas, 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
data storage products and/or services that embody the inventions claimed in the ’968 patent,
including but not limited to Google Storage and all reasonably similar products. On information
and belief, Defendant Google indirectly infringes by contributing to its customers’ infringement
2

of Google Storage and all reasonably similar products. On information and belief, Defendant
Google indirectly infringes by actively inducing its customers to use Google Storage 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 ’968 patent.
10.

On information and belief, Defendant Google will continue to infringe the ’968

patent unless enjoined by this Court.
11.

Defendant Google’s acts of infringement have damaged Titanide in an amount to

be proven at trial, but in no event less than a reasonable royalty. Defendant Google’s
infringement of Titanide’s rights under the ’968 patent will continue to damage Titanide causing
irreparable harm, for which there is no adequate remedy at law, unless enjoined by this Court.
CLAIM 2
INFRINGEMENT OF U.S. PATENT 6,735,623
12.

Titanide re-alleges and incorporates by reference the allegations set forth in the

Paragraphs above as if fully set forth herein.
13.

On May 11, 2004, United States Patent Number 6,735,623 (“the ’623 patent”)

entitled “Method and System for Accessing a Remote Storage Area” was duly and lawfully
issued by the United States Patent and Trademark Office. A true and correct copy of the ’623
patent is attached hereto as Exhibit B.
14.

Titanide is the owner and assignee of all right, title, and interest in and to the ’623

patent, including the right to assert all causes of action arising under said patent and the right to
any remedies for infringement of it.
15.

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

’623 patent in the State of Texas, 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
data storage products and/or services that embody the inventions claimed in the ’623 patent,
including but not limited to Google Storage and all reasonably similar products. On information
and belief, Defendant Google indirectly infringes by contributing to its customers’ infringement
3

of Google Storage and all reasonably similar products. On information and belief, Defendant
Google indirectly infringes by actively inducing its customers to use Google Storage 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 ’623 patent.
16.

On information and belief, Defendant Google will continue to infringe the ’623

patent unless enjoined by this Court.
17.

Defendant Google’s acts of infringement have damaged Titanide in an amount to

be proven at trial, but in no event less than a reasonable royalty. Defendant Google’s
infringement of Titanide’s rights under the ’623 patent will continue to damage Titanide causing
irreparable harm, for which there is no adequate remedy at law, unless enjoined by this Court.
CLAIM 3
INFRINGEMENT OF U.S. PATENT 6,952,724
18.

Titanide re-alleges and incorporates by reference the allegations set forth in the

Paragraphs above as if fully set forth herein.
19.

On Oct. 5, 2005, United States Patent Number 6,952,724 (“the ’724 patent”)

entitled “Network-Based Remote Data Storage System Having Multiple Access Interfaces” was
duly and lawfully issued by the United States Patent and Trademark Office. A true and correct
copy of the ’724 patent is attached hereto as Exhibit C.
20.

Titanide is the owner and assignee of all right, title, and interest in and to the ’724

patent, including the right to assert all causes of action arising under said patent and the right to
any remedies for infringement of it.
21.

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

’724 patent in the State of Texas, 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
data storage products and/or services that embody the inventions claimed in the ’724 patent,
including but not limited to Google Storage and all reasonably similar products. On information
and belief, Defendant Google indirectly infringes by contributing to its customers’ infringement
4

of Google Storage and all reasonably similar products. On information and belief, Defendant
Google indirectly infringes by actively inducing its customers to use Google Storage 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 ’724 patent.
22.

On information and belief, Defendant Google will continue to infringe the ’724

patent unless enjoined by this Court.
23.

Defendant Google’s acts of infringement have damaged Titanide in an amount to

be proven at trial, but in no event less than a reasonable royalty. Defendant Google’s
infringement of Titanide’s rights under the ’724 patent will continue to damage Titanide causing
irreparable harm, for which there is no adequate remedy at law, unless enjoined by this Court.

PRAYER FOR RELIEF
1.

Wherefore, Titanide respectfully requests that this Court enter judgment against

Defendant Google as follows:
a.

For judgment that Defendant Google has infringed and continues to

infringe the claims of the ’968, ’623, and ’724 Patents;
b.

For preliminary and permanent injunction against Defendant Google 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 ’968, ’623, and ’724 Patents;
c.

For an accounting of all damages caused by Defendant Google’s acts of

infringement;
d.

For damages to be paid by Defendant Google adequate to compensate

Titanide for Defendant Google’s infringement, including interest, costs and
disbursement as justified under 35 U.S.C. § 284;
e.

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

attorney fees under 35 U.S.C. § 285; and
5

f.

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

Titanide demands a trial by jury of all issues triable by a jury.

Dated: March 22, 2012
Respectfully submitted,

/s/ Christopher D. Banys (w/permission Wesley Hill)
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]
THE LANIER LAW FIRM, P.C.
W. Mark Lanier
SBN: 11934600
Dara G. Hegar
SBN: 24007280
6810 FM 1960 West
Houston, Texas 77069
[phone]
[phone] (fax)
[e-mail]
[e-mail]
Wesley Hill
State Bar No. 24032294
WARD & SMITH LAW FIRM
111 W. Tyler Street
Longview, Texas 75601
[phone] (telephone)
[phone] (facsimile)
E-mail: [e-mail]
ATTORNEYS FOR PLAINTIFF

6