Touchscreen Gestures LLC v. Google Inc.

Filing 1

COMPLAINT For Patent Infringement against Google Inc. ( Filing fee $ 350 receipt number 0540-3765999.), filed by Touchscreen Gestures LLC. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D)(Huff, Winston)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
Touchscreen Gestures LLC,

Civil Action No.

Plaintiff,
v.
Google Inc.,
JURY TRIAL DEMANDED
Defendant.
COMPLAINT FOR PATENT INFRINGEMENT
Plaintiff Touchscreen Gestures, LLC as and for its Complaint against Google Inc. (“Google”
or “Defendant”), demand a trial by jury and allege as follows:
PARTIES
1.

Touchscreen Gestures, LLC is a Texas Limited Liability Company.

2.

On information and belief, Defendant Google Inc. is a corporation organized and

existing under the laws of the State of Delaware with its principal place of business at 1600
Amphitheatre Parkway, Mountain View, CA 94043. This defendant is registered to do business
in Texas and has appointed Corporation Service Company d/b/a CSC Lawyers Incorporating
Service Company, 211 East 7th Street, Suite 620, Austin, TX 78701 as its agent for service of
process. Google, Inc. regularly conducts and transacts business in Texas, throughout the United
States, and within the Eastern District of Texas, itself and/or through one or more subsidiaries,
affiliates, business divisions, or business units.

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JURISDICTION AND VENUE
4.

This action arises under the Patent Laws of the United States, namely, 35 U.S.C.

§§ 1 et seq. This Court has exclusive subject matter jurisdiction over this action pursuant to 28
U.S.C. §§ 1331 and 1338(a).
5.

Venue is proper in this district under 28 U.S.C. §§ 1391(b)(2) and (c) and/or

1400(b). On information and belief, Google has transacted business in this district, and has
committed acts of patent infringement in this district, by the making, using and/or selling of
touch screen devices including those devices commonly referred to as “smartphones” and
“tablets.”
6.

On information and belief, Google is subject to this Court’s general and specific

personal jurisdiction because: Google has minimum contacts within the State of Texas and the
Eastern District of Texas and, pursuant to due process and/or the Texas Long Arm Statute,
Google has purposefully availed itself of the privileges of conducting business in the State of
Texas and in the Eastern District of Texas; Google regularly conducts and solicits business
within the State of Texas and within the Eastern District of Texas; and Touchscreen Gestures,
LLC’s causes of action arise directly from Google’s business contacts and other activities in the
State of Texas and in the Eastern District of Texas.
COUNT I
INFRINGEMENT OF U.S. PATENT NO. 7,184,031
7.

Touchscreen Gestures, LLC is the owner of all rights, title and interest to United

States Patent No. 7,184,031 (“the ‘031 Patent”) entitled “Method and Controller for Identifying a
Drag Gesture.”

The ‘031 Patent was issued on February 27, 2007 after a full and fair

examination by the United States Patent and Trademark Office. The application leading to the
‘031 Patent was filed on July 6, 2004. Attached as Exhibit “A” is a copy of the ‘031 Patent.
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8.

The ‘031 Patent is generally directed to novel, unique and non-obvious methods,

controllers and gesture units for identifying a drag gesture on a touch device, such as smartphone
or tablet.
9.

On information and belief, Google has been and now is infringing the ‘031 Patent

in the State of Texas, in this judicial district, and elsewhere in the United States by making,
using, importing, selling or offering to sell touch devices that incorporate methods, controllers
and gesture units according to the ‘031 Patent. On information and belief, examples of Google
products that infringe the ‘031 Patent include, but are not limited to, the Nexus One and Galaxy
Nexus smartphones as well as the Google Nexus 7 tablet which allow the identification of drag
gestures via methods, controllers and gestures units that infringe claims of the ‘031 Patent.
Google is thus liable for infringement of the ‘031 Patent pursuant to 35 U.S.C. § 271.
10.

To the extent that facts learned in discovery show that Google’s infringement of

the ‘031 Patent is or has been willful, Touchscreen Gestures, LLC reserves the right to request
such a finding at time of trial.
11.

As a result of Google’s infringement of the ‘031 Patent, Touchscreen Gestures,

LLC has suffered monetary damages in an amount not yet determined, and will continue to
suffer damages in the future unless Google’s infringing activities are enjoined by this Court.
12.

Unless a permanent injunction is issued enjoining Google and its agent, servants,

employees, representatives, affiliates, and all others acting on or in active concert therewith from
infringing the ‘031 Patent, Touchscreen Gestures, LLC will be greatly and irreparably harmed.
COUNT II
INFRINGEMENT OF U.S. PATENT NO. 7,180,506
13.

Touchscreen Gestures, LLC is the owner of all rights, title and interest to United

States Patent No. 7,180,506 (“the ‘506 Patent”) entitled “Method for Identifying a Movement of
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Single Tap on a touch Device.” The ‘506 Patent was issued on February 20, 2007 after a full and
fair examination by the United States Patent and Trademark Office. The application leading to
the ‘506 Patent was filed on February 12, 2004. Attached as Exhibit “B” is a copy of the ‘506
Patent.
14.

The ‘506 Patent is generally directed to novel, unique and non-obvious methods

and controllers of identifying a movement of single tap which is a movement done with at least
an object contacting a touch device, such as smartphone or tablet.
15.

On information and belief, Google has been and now is infringing the ‘506 Patent

in the State of Texas, in this judicial district, and elsewhere in the United States by making,
using, importing, selling or offering to sell touch devices that incorporate methods and
controllers according to the ‘031 Patent.

On information and belief, examples of Google

products that infringe the ‘506 Patent include, but are not limited to, the Nexus One and Galaxy
Nexus smartphones as well as the Google Nexus 7 tablet which allow the identification of a
movement of single tap which is a movement done with at least an object contacting a touch
device and which therefore infringe claims of the ‘506 Patent.

Google is thus liable for

infringement of the ‘506 Patent pursuant to 35 U.S.C. § 271.
16.

To the extent that facts learned in discovery show that Google’s infringement of

the ‘506 Patent is or has been willful, Touchscreen Gestures, LLC reserves the right to request
such a finding at time of trial.
17.

As a result of Google’s infringement of the ‘506 Patent, Touchscreen Gestures,

LLC has suffered monetary damages in an amount not yet determined, and will continue to
suffer damages in the future unless Google’s infringing activities are enjoined by this Court.

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18.

Unless a permanent injunction is issued enjoining Google and its agent, servants,

employees, representatives, affiliates, and all others acting on or in active concert therewith from
infringing the ‘506 Patent, Touchscreen Gestures, LLC will be greatly and irreparably harmed.
COUNT III
INFRINGEMENT OF U.S. PATENT NO. 7,190,356
19.

Touchscreen is the owner of all rights, title and interest to United States Patent

No. 7,190,356 (“the ‘356 Patent”) entitled “Method and Controller for Identifying Double Tap
Gestures.” The ‘356 Patent was issued on March 13, 2007 after a full and fair examination by
the United States Patent and Trademark Office. The application leading to the ‘356 Patent was
filed on February 12, 2004. Attached as Exhibit “C” is a copy of the ‘356 Patent.
20.

The ‘356 Patent is generally directed to novel, unique and non-obvious methods

and controllers of identifying double tap gestures on a touch device movement of single tap
which is a movement done with at least an object contacting a touch device, such as smartphone
or tablet.
21.

On information and belief, Google has been and now is infringing the ‘356 Patent

in the State of Texas, in this judicial district, and elsewhere in the United States by making,
using, importing, selling or offering to sell touch devices that incorporate methods and
controllers according to the ‘356 Patent.

On information and belief, examples of Google

products that infringe the ‘356 Patent include, but are not limited to, the Nexus One and Galaxy
Nexus smartphones as well as the Google Nexus 7 tablet which allow the identification of double
tap gestures on a touch device and which therefore infringe claims of the ‘356 Patent. Google is
thus liable for infringement of the ‘356 Patent pursuant to 35 U.S.C. § 271.

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22.

To the extent that facts learned in discovery show that Google’s infringement of

the ‘356 Patent is or has been willful, Touchscreen Gestures, LLC reserves the right to request
such a finding at time of trial.
23.

As a result of Google’s infringement of the ‘356 Patent, Touchscreen Gestures,

LLC has suffered monetary damages in an amount not yet determined, and will continue to
suffer damages in the future unless Google’s infringing activities are enjoined by this Court.
24.

Unless a permanent injunction is issued enjoining Google and its agent, servants,

employees, representatives, affiliates, and all others acting on or in active concert therewith from
infringing the ‘356 Patent, Touchscreen Gestures, LLC will be greatly and irreparably harmed.
COUNT IV
INFRINGEMENT OF U.S. PATENT NO. 7,319,457
25.

Touchscreen Gestures, LLC is the owner of all rights, title and interest to United

States Patent No. 7,319,457 (“the ‘457 Patent”) entitled “Method of Scrolling Window Screen by
Means of Controlling Electronic Device.” The ‘457 Patent was issued on January 15, 2008 after
a full and fair examination by the United States Patent and Trademark Office. The application
leading to the ‘457 Patent was filed on February 12, 2004. Attached as Exhibit “D” is a copy of
the ‘457 Patent.
26.

The ‘457 Patent is generally directed to novel, unique and non-obvious methods

and electronic devices of scrolling a window screen, such as those on a smartphone or tablet.
27.

On information and belief, Google has been and now is infringing the ‘457 Patent

in the State of Texas, in this judicial district, and elsewhere in the United States by making,
using, importing, selling or offering to sell touch devices that incorporate methods and electronic
devices according to the ‘356 Patent. On information and belief, examples of Google products
that infringe the ‘356 Patent include, but are not limited to, the Nexus One and Galaxy Nexus
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smartphones as well as the Google Nexus 7 tablet which allow users to scroll window screens of
a touch device and which therefore infringe claims of the ‘457 Patent. Google is thus liable for
infringement of the ‘457 Patent pursuant to 35 U.S.C. § 271.
28.

To the extent that facts learned in discovery show that Google’s infringement of

the ‘457 Patent is or has been willful, Touchscreen Gestures, LLC reserves the right to request
such a finding at time of trial.
29.

As a result of Google’s infringement of the ‘457 Patent, Touchscreen Gestures,

LLC has suffered monetary damages in an amount not yet determined, and will continue to
suffer damages in the future unless Google’s infringing activities are enjoined by this Court.
30.

Unless a permanent injunction is issued enjoining Google and its agent, servants,

employees, representatives, affiliates, and all others acting on or in active concert therewith from
infringing the ‘457 Patent, Touchscreen Gestures, LLC will be greatly and irreparably harmed.
PRAYER FOR RELIEF
WHEREFORE, Touchscreen Gestures, LLC respectfully requests that this Court enter:
A.

A judgment in favor of Touchscreen Gestures, LLC that Google has infringed the

‘031 Patent, the ‘506 Patent, the ‘356 Patent, and the ‘457 Patent, and that such infringement was
willful;
B.

A permanent injunction enjoining Google and its officers, directors, agents,

servants, affiliates, employees, divisions, branches, subsidiaries, parents, and all others acting in
active concert therewith from infringing the ‘031 Patent, the ‘506 Patent, the ‘356 Patent, and the
‘457 Patent;
C.

A judgment and order requiring Google to pay Touchscreen Gestures, LLC its

damages, costs, expenses, and prejudgment and post-judgment interest for Google infringement

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of the ‘031 Patent, the ‘506 Patent, the ‘356 Patent, and the ‘457 Patent as provided under 35
U.S.C. § 284;
D.

An award to Touchscreen Gestures, LLC for enhanced damages resulting from

the knowing, deliberate, and willful nature of Defendants’ prohibited conduct with notice being
made at least as early as the date of the filing of this Complaint, as provided under 35 U.S.C. §
284;
E.

A judgment and order finding that this is an exceptional case within the meaning

of 35 U.S.C. § 285 and awarding to Touchscreen Gestures, LLC its reasonable attorneys’ fees;
and
F.

Any and all other relief to which Touchscreen Gestures, LLC may show itself to

be entitled.
DEMAND FOR JURY TRIAL
Touchscreen Gestures, LLC, under Rule 38 of the Federal Rules of Civil Procedure,
requests a trial by jury of any issues so triable by right.
Dated: September 5, 2012

Respectfully submitted,
/s/ Winston O. Huff
Winston O. Huff
State Bar No. 24068745
Navarro Huff, PLLC
302 N. Market, Suite 450
Dallas, TX 75202
214.749.1220 (Firm)
214.749.1233 (Fax)
[e-mail]
ATTORNEY FOR PLAINTIFF
TOUCHSCREEN GESTURES, LLC

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CERTIFICATE OF FILING
I hereby certify that on September 5, 2012 I electronically filed the foregoing
document with the Clerk of the Court using the CM/ECF system.
Respectfully submitted,
/s/ Winston O. Huff

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