Case 3:20-cv-03845 Document 1 Filed 06/11/20 Page 1 of 28
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`QUINN EMANUEL URQUHART & SULLIVAN, LLP
` Charles K. Verhoeven (Bar No. 170151)
` charlesverhoeven@quinnemanuel.com
`50 California Street, 22nd Floor
`San Francisco, California 94111
`Telephone:
`(415) 875-6600
`Facsimile:
`(415) 875-6700
`
` David A. Nelson (pro hac vice application forthcoming)
` davidnelson@quinnemanuel.com
`191 N. Wacker Drive, Suite 2700
`Chicago, Illinois 60606
`Telephone:
`(312) 705-7400
`Facsimile:
`(312) 705-7401
`
`
`Attorneys for GOOGLE LLC
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`
`UNITED STATES DISTRICT COURT
`
`GOOGLE LLC,
`
`
`Plaintiff,
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`NORTHERN DISTRICT OF CALIFORNIA
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` CASE NO. 3:20-CV-3845
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`COMPLAINT FOR PATENT
`INFRINGEMENT
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`DEMAND FOR JURY TRIAL
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`SONOS, INC.,
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`vs.
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`Defendant.
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`COMPLAINT FOR PATENT INFRINGEMENT
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`1.
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`Plaintiff Google LLC (“Google”), by and through its attorneys, and for its
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`Complaint against Sonos, Inc. (“Sonos”), hereby alleges the following:
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`NATURE OF THE ACTION
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`2.
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`Google brings this action against Sonos for infringement of U.S. Patent No.
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`7,899,187 (the “’187 patent”), U.S. Patent No. 8,583,489 (the “’489 patent”), U.S. Patent No.
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`10,140,375 (the “’375 patent”), U.S. Patent No. 7,065,206 (the “’206 patent”), and U.S. Patent No.
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`10,229,586 (the “’586 patent”) (collectively, the “Patents-in-Suit”).
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`Case No. 3:20-CV-3845
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`Case 3:20-cv-03845 Document 1 Filed 06/11/20 Page 2 of 28
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`BACKGROUND
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`3.
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`Google was founded in 1998, and has a mission to organize the world’s
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`information and make it universally accessible and useful. Over the past two decades, in service
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`of that mission, Google has become one of the world’s most innovative technology companies.
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`4.
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`Google’s revolutionary advances in search, software, mobile computing, wireless
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`networking, content streaming, machine learning, and voice-assisted technologies including
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`speech recognition and advanced audio processing, have changed and improved millions of lives.
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`5.
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`As part of its commitment to innovation, Google has invested significantly in
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`extensive research and development efforts, including its own research, as well as investments in
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`and acquisitions of other cutting-edge technology companies. Google is the current assignee of
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`tens of thousands of patents worldwide.
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`GOOGLE’S PARTNERSHIP WITH SONOS
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`6.
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`Google partners with other companies to bring Google’s innovations to millions of
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`shared customers. In particular, Google has long had a continued partnership with Sonos. In these
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`collaborations, Sonos has repeatedly asked Google for assistance, so that Sonos could employ
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`Google technology to improve Sonos’ products.
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`7.
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`In 2013, Sonos asked for Google’s assistance to integrate with Google’s popular
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`Play Music service. Google gave Sonos that assistance, and provided significant engineering
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`resources, technical support, and other resources to integrate Sonos’ products with Google’s Play
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`Music service in 2014.
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`8.
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`In 2016, Sonos again asked for Google’s assistance–this time to integrate with
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`Google’s innovative Assistant software. And again, Google was willing to help. Google gave
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`Sonos significant assistance in designing, implementing, and testing a solution that would bring
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`Google’s voice recognition software to Sonos’ devices. This effort again involved substantial
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`Google engineering resources, including significant months of employee work time, for the initial
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`launch of Google’s Assistant on Sonos’ products in May 2019.
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`9.
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`Google is proud of its more than five-year partnership with Sonos, and has worked
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`constructively with Sonos to make the companies’ products work seamlessly by building special
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`Case 3:20-cv-03845 Document 1 Filed 06/11/20 Page 3 of 28
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`integrations for Sonos. For instance, when Google rolled out the ability to set a Sonos speaker as
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`the default option for Google Assistant, it was the first time Google had done that for any partner
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`company.
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`10.
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`Sonos has made false claims about the companies’ shared work and Google’s
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`technology in the lawsuits that Sonos filed against Google earlier this year. While Google rarely
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`sues other companies for patent infringement, it must assert its intellectual property rights here.
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`SONOS’ INFRINGEMENT OF GOOGLE’S INTELLECTUAL PROPERTY
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`11.
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`Sonos is using substantial volumes of Google’s technology, including patented
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`Google innovations in search, software, networking, audio processing, and digital media
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`management and streaming, both in Sonos’ hardware products and in Sonos’ software and service
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`offerings, including the current-generation Sonos controller application (hereafter “S2 App”),
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`prior-generation Sonos controller application (hereafter “S1 Controller App ”), and the Sonos
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`Radio service.
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`12.
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`Google has patents on innovative technologies that allow networked digital audio
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`devices to create robust wireless communications networks, access and play copy-protected
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`media, adaptively control echo and ambient noise, and search multiple music libraries
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`simultaneously. Sonos is using, without permission, these Google technologies in Sonos’ products
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`to enable multiple commercially-desirable features, for example, to allow for easier configuration
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`of and extensions to multi-speaker networks; to facilitate the management and use of multiple
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`music services with Sonos speakers; to permit playing copy-protected digital media, including
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`Sonos’ new Sonos Radio service; and to allow Sonos to use noise suppression and echo
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`cancellation to obtain accurate audio input. Sonos uses these technologies to offer a number of
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`products and services, including, inter alia, the Sonos One, One SL, Five, Play:1, Play:3, Play:5,
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`Playbar, Playbase, Beam, Arc, Move, Connect:Amp, Amp, Connect, Sub, and the Sonos S1
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`Controller App and S2 App (collectively, the “Accused Products”).
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`13.
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`Sonos is actively infringing Google’s intellectual property. Sonos has no license to
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`use Google’s patents. Because Sonos refuses to cease its infringement, and is unwilling to
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`Case 3:20-cv-03845 Document 1 Filed 06/11/20 Page 4 of 28
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`recognize the value of Google’s technology through a license, Google has filed this suit to protect
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`its intellectual property.
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`THE PARTIES
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`14.
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`Plaintiff Google LLC is a subsidiary of Alphabet Inc. with its principal place of
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`business located in Mountain View, California 94043.
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`15.
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`Defendant Sonos, Inc. is a Delaware corporation with headquarters at 614 Chapala
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`Street, Santa Barbara, California 93101.
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`JURISDICTION AND VENUE
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`16.
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`This is a civil action for patent infringement arising under the patent laws of the
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`United States, Title 35 of the United States Code. This Court has exclusive subject matter
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`jurisdiction over this Complaint pursuant to 28 U.S.C. Sections 1331 and 1338(a).
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`17.
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`This Court has personal jurisdiction over Sonos. Sonos is registered to do business
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`in the State of California (Registration No. C2465272), has its headquarters in the State of
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`California, and has offices in this District. Sonos, directly and through agents, regularly does,
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`solicits, and transacts business in this District and elsewhere in the State of California. Those acts
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`have caused injury to Google, including within this District.
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`18.
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`Venue is proper in this District under 28 U.S.C. Sections 1391 and 1400(b). Sonos
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`has a regular and established place of business in this District—specifically, offices and employees
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`located at 550 Montgomery Street, Suite 750, San Francisco, CA 94111. Sonos lists this
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`San Francisco office on its website (https://www.sonos.com/en-us/contact, a true and correct copy
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`of which is attached as Exhibit 1), and the Sonos office at this location is advertised by Sonos as a
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`current place of business (including in the building’s directory in the public lobby). Sonos has
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`also committed acts of infringement in this District by selling, using, importing, and/or offering
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`for sale the Accused Products in this District.
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`INTRADISTRICT ASSIGNMENT
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`19.
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`For purposes of intradistrict assignment under Civil Local Rules 3-2(c) and 3-5(b),
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`this Intellectual Property Action will be assigned on a district-wide basis.
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`Case 3:20-cv-03845 Document 1 Filed 06/11/20 Page 5 of 28
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`FIRST CAUSE OF ACTION
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`(Infringement of Patent No. 7,899,187)
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`20.
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`21.
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`Google incorporates all of the above paragraphs as though fully set forth herein.
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`U.S. Patent No. 7,899,187, titled “Domain-Based Digital-Rights Management
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`System with Easy and Secure Device Enrollment,” was duly and lawfully issued by the United
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`States Patent and Trademark Office on March 1, 2011. A true and correct copy of the ’187 patent
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`is attached to this Complaint as Exhibit 2.
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`22.
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`Google is the owner by assignment of all rights, title, and interest in the ’187
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`patent, including the right to bring this suit for past and future damages and/or injunctive relief.
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`23.
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`24.
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`The ’187 patent is valid and enforceable.
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`Sonos infringes one or more claims of the ’187 patent, including but not limited to
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`claim 10 (the “Asserted ’187 Claims”), directly and/or indirectly via induced infringement and/or
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`by contributory infringement. Sonos infringes the Asserted ’187 Claims by making, using,
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`importing, selling for importation, and/or selling after importation into the United States at least
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`the Sonos One, One SL, Play:1, Play:3, Play:5, Playbar, Playbase, Beam, Move, Connect:Amp,
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`Amp, Connect, Port, and Sub products (the “Accused ’187 Products”) in violation of 35 U.S.C.
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`Sections 271(a)-(b). On information and belief, the Accused ’187 Products satisfy all claim
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`limitations of the Asserted ’187 Claims at the time of their importation into and/or sale in the
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`United States.
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`25.
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`Sonos had actual knowledge of the ’187 patent or was willfully blind to its
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`existence at least as early as October 25, 2016, and no later than the filing of this action.
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`26.
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`Sonos directly infringes the Asserted ’187 Claims by making, using, offering to
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`sell, or selling the Accused ’187 Products in the United States and by importing the Accused ’187
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`Products into the United States in violation of 35 U.S.C. Section 271(a). Sonos infringes at least
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`claim 10 of the ’187 patent for at least the following reasons:
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`27.
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`To the extent the preamble is limiting, the Accused ’187 Products each constitute
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`an apparatus.
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`Case 3:20-cv-03845 Document 1 Filed 06/11/20 Page 6 of 28
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`28.
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`On information and belief, the Accused ’187 Products comprise communication
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`circuitry that is capable of receiving domain information from a device existing within a domain
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`of devices, which share rights associated with a common account, for use in accessing protected
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`digital content within a digital-rights management system. For example, the Accused ’187
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`Products can connect directly to other products via an ad hoc or infrastructure WiFi network
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`connection or a wired, Ethernet connection. The Sonos User Guide explains how the Accused
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`’187 Products can be added to a current Sonos “household” that has already been configured using
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`the “Add Product” feature in the “System” settings of a Sonos controller application, e.g., the
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`Sonos S1 Controller App or the Sonos S2 App. Sonos User Guide at 4-5 (Sept. 2019)
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`(https://www.sonos.com/support/en/pdfs/sonos-user-guide.pdf), a true and correct copy of which
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`is attached as Exhibit 3. On information and belief, when an Accused ’187 Product is introduced
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`into a prior configured network, it is capable of receiving information pertaining to devices
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`previously configured within the “household” domain, such that access to protected music from a
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`common music streaming account can be shared amongst the Accused ’187 Products that
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`comprise that domain.
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`29.
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`On information and belief, the Accused ’187 Products include storage for storing
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`the domain information. For example, each of the Accused ’187 Products include storage (e.g.,
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`random access or flash memory) that, on information and belief, stores at least information
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`pertaining to the domain of devices, such as a household identifier.
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`30.
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`On information and belief, the Accused ’187 Products comprise logic circuitry for
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`providing the domain information stored therein to a key issuer, which is separate from the
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`domain of devices (e.g., a Sonos “household”). For example, on information and belief, the
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`Accused ’187 Products include logic circuitry that is used to provide information pertaining to the
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`domain of devices, such as household identification, to an external server, or key issuer, that is
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`separate from the Sonos household. On information and belief, this information is provided by the
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`Accused ’187 Products in order to obtain security information from the key issuer necessary to
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`play back encrypted or encoded digital content transmitted from third-party sources.
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`31.
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`On information and belief, the Accused ’187 Products’ provision of domain
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`information to the key issuer causes the key issuer to responsively issue a private key to the
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`Accused ’187 Products for use in accessing protected digital content provided thereto, wherein the
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`private key is based on the domain information and is utilized by all devices within the domain of
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`devices. For example, on information and belief, in response to an Accused ’187 Product
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`providing information identifying the domain of which it is a part—e.g., its “householdID”—to an
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`external server, the server will respond with a certificate and/or private key that allows the
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`Accused ’187 Product to play back encrypted or encoded digital content. On information and
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`belief, this security information is provided based on domain information supplied by the Accused
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`’187 Products. On information and belief, this provided security information is the same security
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`information used by all members of the domain.
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`32.
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`Sonos actively, knowingly, and intentionally induces the infringement of the
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`Asserted ’187 Claims by actively encouraging others to make, use, offer to sell, or sell the
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`Accused ’187 Products in the United States and/or import the Accused ’187 Products into the
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`United States in violation of 35 U.S.C. Section 271(b). Sonos knows (or should know) that its
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`actions will induce users of the Accused ’187 Products to directly infringe the Asserted ’187
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`Claims. Those users then directly infringe the Asserted ’187 Claims. For example, Sonos
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`promotes and advertises the use of the Accused ’187 Products, including the Sonos One, One SL,
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`Five, Play:1, Play:3, Play:5, Playbar, Playbase, Beam, Arc, Move, Connect:Amp, Amp, Connect,
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`Port, and Sub products, on its website (https://www.sonos.com/en-us/home, a true and correct
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`copy of which is attached as Exhibit 4) and in other promotional materials like user manuals and
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`user guides. Sonos advertises and instructs its customers and potential customers to purchase and
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`set up one or more of the Accused ’187 Products to directly infringe the Asserted ’187 Claims by
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`creating a household with connected Accused ’187 Products to “[l]isten in any or every room” to
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`music or other content by “group[ing] all your speakers to play music in sync.” Sonos Website
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`“Listen Your Way” (https://www.sonos.com/en-us/listen-your-way), a true and correct copy of
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`which is attached as Exhibit 5. By instructing its customers and potential customers to create a
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`household and configure the Accused ’187 Products to stream DRM-protected third-party content,
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`Sonos induces its customers and potential customers to use at least the invention of Claim 10 of
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`the ’187 Patent. Additionally, Sonos instructs its customers and potential customers to use the
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`invention of Claim 10 to allow the Accused ’187 Products to play encrypted music from service
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`providers, including but not limited to Sonos’ own Sonos Radio music service, within a Sonos
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`“household” configuration. See, e.g., “Listen Your Way” (https://www.sonos.com/en-us/listen-
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`your-way), Exhibit 5. Sonos also provides customer support on its website where Sonos
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`employees instruct customers to directly infringe the Asserted ’187 Claims by joining the Accused
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`’187 Products to a prior configured Sonos household that is configured to play encrypted music
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`using. See, e.g., Sonos Community, Move: Using across multiple Sonos systems, January 12,
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`2020 (https://en.community.sonos.com/advanced-setups-229000/move-using-across-multiple-
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`sonos-systems-6835368), a true and correct copy of which is attached as Exhibit 6.
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`33.
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`Based on Sonos’ instructions, users of the Accused ’187 Products directly infringe
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`the Asserted ’187 patent. See, e.g., id.; Sonos Community, Spotify skips to next song or stops
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`playing, other sources work just fine meanwhile (https://en.community.sonos.com/
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`troubleshooting-228999/spotify-skips-to-next-song-or-stops-playing-other-sources-work-just-fine-
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`meanwhile-6806367?postid=16342847#post16342847), a true and correct copy of which is
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`attached as Exhibit 7.
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`34.
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`Sonos contributorily infringes the Asserted ’187 Claims by offering to sell or
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`selling within the United States or importing into the United States the Accused ’187 Products
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`(where each of the Accused ’187 Products is or contains a component of a patented machine,
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`manufacture, combination or composition, or a material or apparatus for use in practicing a
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`patented process, constituting a material part of the invention), knowing the same to be especially
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`made or especially adapted for use in infringing the ’187 patent, and not a staple article or
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`commodity of commerce suitable for substantial noninfringing use in violation of 35 U.S.C.
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`Section 271(c).
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`35.
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`Sonos’ infringement of the ’187 patent has been willful and deliberate because it
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`knew or should have known about the ’187 patent and the infringement of that patent at least as
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`early as October 2016 but acted despite an objectively high likelihood that such acts would result
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`in infringement of the patent.
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`36.
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`As the direct and proximate result of Sonos’ conduct, Google has suffered and, if
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`Sonos’ conduct is not stopped, will continue to suffer, competitive harm, irreparable injury, and
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`damages in an amount to be proven at trial. Because Google’s remedy at law is inadequate,
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`Google seeks, in addition to damages, permanent injunctive relief. Google’s business operates in
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`a competitive market and will continue suffering irreparable harm absent injunctive relief.
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`SECOND CAUSE OF ACTION
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`(Infringement of Patent No. 8,583,489)
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`37.
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`38.
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`Google incorporates all of the above paragraphs as though fully set forth herein.
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`U.S. Patent No. 8,583,489, titled “Generating a Media Content Availability
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`Notification,” was duly and lawfully issued by the United States Patent and Trademark Office on
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`November 12, 2013 and assigned to Google Inc. A true and correct copy of the ’489 patent is
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`attached to this Complaint as Exhibit 8.
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`39.
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`Google is the owner of all rights, title, and interest in the ’489 patent, including the
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`right to bring this suit for past and future damages and/or injunctive relief.
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`40.
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`41.
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`The ’489 patent is valid and enforceable.
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`Sonos infringes one or more claims of the ’489 patent, including but not limited to
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`claim 15 (the “Asserted ’489 Claims”), directly and/or indirectly via induced infringement and/or
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`by contributory infringement. Sonos infringes the Asserted ’489 Claims by making, using,
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`importing, selling for importation, and/or selling after importation into the United States at least
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`the Sonos S1 Controller App and S2 App for storage in non-transitory memory (the “Accused
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`’489 Products”) in violation of 35 U.S.C. Sections 271(a)-(b). On information and belief, the
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`Accused ’489 Products when stored in non-transitory memory satisfy all claim limitations of the
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`Asserted ’489 Claims at the time of their use in the United States.
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`42.
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`Sonos had actual knowledge of the ’489 patent or was willfully blind to its
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`existence at least as early as October 25, 2016, and no later than the filing of this action.
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`Case No. 3:20-CV-3845
`COMPLAINT
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`

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`Case 3:20-cv-03845 Document 1 Filed 06/11/20 Page 10 of 28
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`43.
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`Sonos directly infringes the Asserted ’489 Claims by making, using, offering to
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`sell, or selling the Accused ’489 Products in the United States in violation of 35 U.S.C. Section
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`271(a). Sonos infringes at least claim 15 of the ’489 patent for at least the following reasons:
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`44.
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`To the extent the preamble is limiting, the Accused ’489 Products are designed to
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`be installed on, and are in fact installed on (by Sonos directly, and by Sonos customers based on
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`instructions and directions received from Sonos), devices with one or more non-transitory
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`computer-readable media having instructions therein, the instructions being executable by one or
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`more processors.
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`45.
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`On information and belief, the Accused ’489 Products include instructions that are
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`executable by one or more processors to execute a method comprising receiving, at the one or
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`more processors, a selection of media content and content delivery preferences, wherein the
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`content delivery preferences comprise a selection of a plurality of unique online content sources
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`specified by a user interface and user account data for each of the plurality of unique online
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`content sources. For example, on information and belief, the Accused ’489 Products include
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`instructions executable by one or more processors to add music services to Sonos and to search
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`those services for specific media content using a universal search feature. On information and
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`belief, the Accused ’489 Products specify “Music & Content” services on a user interface using
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`user account data for each respective unique online content source. See, e.g., Sonos Support “Add
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`a music service to Sonos” (https://support.sonos.com/s/article/2757?language=en_US), a true and
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`correct copy of which is attached as Exhibit 9; Sonos Website “Listen Your Way”
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`(https://www.sonos.com/en-us/listen-your-way), Exhibit 5. On information and belief, the
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`Accused ’489 Products also include instructions that are executable to receive a search query to
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`search selected Music & Content services for a selection of media content via the universal search
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`feature, and may present a subset of the online content sources that can fulfill the universal search
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`query for content.
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`46.
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`On information and belief, the Accused ’489 Products comprise instructions that
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`are executable by one or more processors to execute a method comprising requesting, over a
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`network, content availability data from the plurality of unique online content sources based at least
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`-10-
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`Case No. 3:20-CV-3845
`COMPLAINT
`
`

`

`Case 3:20-cv-03845 Document 1 Filed 06/11/20 Page 11 of 28
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`
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`in part on the selection of media content and the user account data, wherein the content availability
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`data indicates whether the selection of media content is available to a user account in the user
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`account data. For example, on information and belief, the Accused ’489 Products request content
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`availability data from unique online content sources in response to a search inquiry in the
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`universal search feature seeking a selection of media content. On information and belief, content
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`availability data are based at least in part on the selection of media content, the user account data,
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`and specified “Music & Content” services. On information and belief, the content availability data
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`indicates which services have the selection of media content available to the user account in the
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`user account data.
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`47.
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`On information and belief, the Accused ’489 Products comprise instructions that
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`are executable by one or more processors to execute a method comprising receiving, at the one or
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`more processors, the content availability data. For example, on information and belief, the
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`Accused ’489 Products receive the content availability data and display on a user interface unique
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`online content sources that fulfill the universal search inquiry.
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`48.
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`On information and belief, the Accused ’489 Products comprise instructions that
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`are executable by one or more processors to execute a method comprising using the content
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`availability data to generate a notification for an electronic device, wherein the notification
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`indicates that the selection of media content is available to at least one user account in the user
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`account data from at least one of the plurality of unique online content sources. For example, on
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`information and belief, the Accused ’489 Products use the content availability data to generate a
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`notification indicating that media content sought via the universal search feature is available to at
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`least one user account in the user account data from at least one of the plurality of unique online
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`content sources.
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`49.
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`Sonos actively, knowingly, and intentionally induces the infringement of the
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`Asserted ’489 Claims by actively encouraging others to make, use, offer to sell, or sell the
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`Accused ’489 Products in the United States and/or import the Accused ’489 Products into the
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`United States in violation of 35 U.S.C. Section 271(b). Sonos knows (or should know) that its
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`actions will induce users of the Accused ’489 Products to directly infringe the Asserted ’489
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`-11-
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`Case No. 3:20-CV-3845
`COMPLAINT
`
`

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`Case 3:20-cv-03845 Document 1 Filed 06/11/20 Page 12 of 28
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`
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`Claims. For example, Sonos promotes and advertises the use of the Accused ’489 Products,
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`including Sonos’ software application for iOS, Android, and desktops, in conjunction with Sonos’
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`products like the Sonos One, One SL, Play:1, Play:3, Play:5, Playbar, Playbase, Beam, Move,
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`Connect:Amp, Amp, Connect, Port, and Sub products, on its website (https://www.sonos.com/en-
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`us/home, Exhibit 4) and in other promotional materials, such as user manuals and user guides.
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`Sonos advertises and instructs its customers and potential customers to set up and control one or
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`more of Sonos’ products, like the Sonos One, One SL, Five, Play:1, Play:3, Play:5, Playbar,
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`Playbase, Beam, Arc, Move, Connect:Amp, Amp, Connect, Port, and Sub products, using the
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`Accused ’489 Products, including Sonos’ software application for iOS and Android. Sonos
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`further advertises to and instructs its customers’ use of the Accused ’489 Products to search
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`different content sources (including Sonos’ music service and other third party services) and
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`provide the selected content to one or more of Sonos’ products. See, e.g., Sonos Blog
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`(https://blog.sonos.com/en/sonos-spotify-better-stronger/), a true and correct copy of which is
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`attached as Exhibit 10. By instructing its customers and potential customers to add additional
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`content providers to the account associated with the Sonos products, Sonos induces its customers
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`and potential customers to use the Accused ’489 Products to receive content delivery preferences
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`like a selection of a plurality of unique online content sources specified by a user interface and
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`user account data for each of the plurality of unique online content sources, with knowledge that
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`the same results in infringement of the Asserted ’489 Claims. See, e.g., Sonos Support “Add a
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`music service to Sonos” (https://support.sonos.com/s/article/2757?language=en_US), Exhibit 9.
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`Additionally, Sonos instructs its customers and potential customers to use the universal search in
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`the Accused ’489 Products to search for content across multiple connected music content
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`providers. See, e.g., Sonos Blog (https://blog.sonos.com/en/sonos-spotify-better-stronger/),
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`Exhibit 10 (“How do you bump A$AP Rocky, Alabama Shakes, or Ryan Adams Radio in your
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`living room? Simply, go to universal search on the app and type in the artist that you want listen
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`to. In the Spotify search results, click on the artist and select the first square on the next screen for
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`artist radio.”). Based on these instructions by Sonos, users of the Accused ’489 Products directly
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`-12-
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`Case No. 3:20-CV-3845
`COMPLAINT
`
`

`

`Case 3:20-cv-03845 Document 1 Filed 06/11/20 Page 13 of 28
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`
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`infringe the Asserted ’489 Claims. See, e.g., id.; Sonos Blog (https://blog.sonos.com/en/listen-on-
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`sonos-five-new-music-services/), a true and correct copy of which is attached as Exhibit 11.
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`50.
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`Sonos contributorily infringes the Asserted ’489 Claims by offering to sell or
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`selling within the United States or importing into the United States the Accused ’489 Products
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`(where each of the Accused ’489 Products is or contains a component of a patented machine,
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`manufacture, combination or composition, or a material or apparatus for use in practicing a
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`patented process, constituting a material part of the invention), knowing the same to be especially
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`made or especially adapted for use in infringing the ’489 patent, and not a staple article or
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`commodity of commerce suitable for substantial noninfringing use in violation of 35 U.S.C.
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`Section 271(c).
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`51.
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`Sonos’ infringement of the ’489 patent has been willful and deliberate because it
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`knew or should have known about the ’489 patent and the infringement of that patent at least as
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`early as October 2016 but acted despite an objectively high likelihood that such acts would result
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`in infringement of the patent.
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`52.
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`As the direct and proximate result of Sonos’ conduct, Google has suffered and, if
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`Sonos’ conduct is not stopped, will continue to suffer, competitive harm, irreparable injury, and
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`damages in an amount to be proven at trial. Because Google’s remedy at law is inadequate,
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`Google seeks, in addition to damages, permanent injunctive relief. Google’s business operates in
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`a competitive market and will continue suffering irreparable harm absent injunctive relief.
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`THIRD CAUSE OF ACTION
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`(Infringement of Patent No. 10,140,375)
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`53.
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`54.
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`Google incorporates all of the above paragraphs as though fully set forth herein.
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`U.S. Patent No. 10,140,375, titled “Personalized Network Searching,” was duly and
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`lawfully issued by the United States Patent and Trademark Office on November 27, 2018 and
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`assigned to Google. A true and correct copy of the ’375 patent is attached to this Complaint as
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`Exhibit 12.
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`55.
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`Google is the owner of all rights, title, and interest in the ’375 patent, including the
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`right to bring this suit for past and future damages and/or injunctive relief.
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`-13-
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`Case No. 3:20-CV-3845
`COMPLAINT
`
`

`

`Case 3:20-cv-03845 Document 1 Filed 06/11/20