SuperSpeed Software, Inc. v. Google Corporation of Mountain View, California

Filing 1

COMPLAINT against All Defendants (Filing fee $ 350 receipt number 0541-9838642) filed by SuperSpeed Software, Inc.. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A)(Manne, Neal)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION

SUPERSPEED, LLC,

Civil Action No. 4:12-cv-01688
JURY TRIAL DEMANDED
Defendant.

COMPLAINT

1.

This is a patent infringement lawsuit brought by Plaintiff SuperSpeed, LLC

("SuperSpeed") against Google, Inc. ("Google")

for infringement of a United

States Patent

owned by SuperSpeed.

I.
2.

PARTIES

Plaintiff SuperSpeed is a Delaware corporation. SuperSpeed is the successor by

merger to EEC Systems, Inc. ("EEC"). Superspeed's principal place of business is 3278 Boston
Post Road, Sudbury, Massachusetts 01776.

3.

Defendant Google is a Delaware corporation. Its principal place of business is

1600 Amphitheatre Parkway, Mountain View, Califomia 94043.

il.
4.

JURISDICTION AND VENUE

This complaint states claims arising under the patent laws of the United States.

Plaintiff SuperSpeed asserts causes of action under 35 U.S.C. ç 271 for infringement of its
patent. This Court has original and exclusive subject matter jurisdiction over this claim under 28
U.S.C. $$ 1331 and 1338(a).

5.

Venue

is

proper

in this Court under 28 U.S.C. $$ 1391(b) and 1400(b).

Defendant Google maintains offices in this judicial district and conducts business within this

district. A substantial part of the events giving rise to this suit occurred in this district, including

2286738v1/013225

acts of infringement by Google, as well as sales and offers for sale by Google of infringing
products and services.

ilI.
6.

BACKGROUND

SuperSpeed and its predecessor EEC have developed and marketed software for

increasing performance of computers linked together in a network. The software is designed to

work in a network environment known as a shared-disk cluster. In this configuration, multiple
computers can all communicate with each other and can all access data from the same data
storage device or devices, such as hard

disks. For example, a bank might have hundreds of

computers as part of its network, some for employees handling customer service calls, others for
employees running credit checks for loan applications, and so

forth. Each of these computers

needs access to the bank's customer's credit card records, which are stored on a series

disks. A shared-disk cluster permits any one of the computers to communicate

of hard

across the

network with the credit card database on the hard disks, retrieve records for a particular
customer, and make changes that will then be available to all other users on the network.

7.

Accessing data on hard disks and other mechanical storage devices is a relatively

slow process. The speed ofdata processing operations that require regular access to data on such
devices can be significantly impeded by the time required for the computer to communicate with
the disk. When multiple computers are all drawing data from the same disk, the process is even
slower.

8.

Superspeed's software helps overcome this problem by permitting data "caching"

in a shared-disk cluster network. "Caching" accelerates data processing operations by making

a

copy of frequently accessed data in the random access memory (or "RAM") of the individual
computer that is using the

data. A computer can access data in RAM approximately two-

hundred-thousand times faster than data on a hard

disk. As a result, caching

can increase

performance dramatically, particularly when the computer must repeatedly access the same block

of data.

2286738v11013225

g.

EEC applied for and received patents on its caching methods from the United

States Patent and Trademark

Office. The 5,918,244 patent (the '244 patent) was filed on May

31,1996 and issued on June 29,1999.

10. All of EEC's assets and liabilities,
SuperSpeed

including the '244 patent, were acquired by

in 1999. SuperSpeed applied for and received additional

patents on data caching

methods.

IV.
1

the

,
I

1.

CLAIM ONE-PATENT INFRINGEMENT

Defendant Google has infringed and continues to infringe one or more claims

of

,244 patent by making, using, selling, importing, and/or offering to sell within the United

States infringing products, including Google Docs and Google

Drive. (A copy of the '244 patent

is attached as Exhibit A.)

lZ.

Google has also infringed and continues to infringe the '244 patent by actively

inducing the infringement of others.

13.

Google's acts of infringement are ineparably harming and causing damage to

SuPerSPeed'

14.

Google will continue to infringe the patents unless enjoined.

V.
15.

SuperSpeed demands

attial by jury on all issues'

vI.
16.

JURY DEMAND

PRAYER FOR RELIEF

SuperSpeed seeks an award of damages from Google in an amount no less than a

reasonable roYaltY'

17.

Superspeed seeks

a

permanent injunction

to

prevent Google's continued

unlicensed use of the patented methods'

18.
pursuant

Google's conduct makes this an exceptional case as set forth in 35 U'S'C. $ 285.

to this statutory provision,

necessary attomeYs' fees.

2286738v1/013225

Superspeed seeks the recovery

of its reasonable

and

DATED: Jwte

5,2012

Respectfully submitted,
/s/Neal S. Manne
Neal S. Manne
State Bar No. 12937980
nmanne@ susman godfrey. com
SusvaN Goo¡Rev L.L.P.
1000 Louisiana Street, Suite 5 100
Houston, Texas 77002
Telephone: (71 3) 65 I -9366
Facsimile: (7 13) 654-6666

Attorney-In-Charge for Plaintiff,
SuperSpeed, LLC
OF COUNSEL:

Max L. Tribble, Jr.
State Bar No. 20213950
mtri bb I e@ susman

go

dfrey.

co

m

SusvrnN GoopRev L.L.P.
1000 Louisiana Street, Suite 5100
Houston, Texas 77002
Telephone: [phone]
Facsimile: (7 13) 654-6666

Kathryn P. Hoek
Califomia Bar No. 219247
khoek@ susman godfrey.

co

m

SusvnN Goo¡npv L.L.P.
1901 Avenue of the Stars, Suite 950
Los Angeles, CA 90067
Telephone: [phone] I 00
Facsimile: (3 l0) 789-3 150
Attorneys for Plaintiff SuperSpeed, LLC

2286738v1/013225

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