Case 3:20-cv-06754-LB Document 1 Filed 09/28/20 Page 1 of 13
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`QUINN EMANUEL URQUHART & SULLIVAN, LLP
` Charles K. Verhoeven (Bar No. 170151)
` charlesverhoeven@quinnemanuel.com
` Sean S. Pak (Bar No. 219032)
` seanpak@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
`
`
`UNITED STATES DISTRICT COURT
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`NORTHERN DISTRICT OF CALIFORNIA
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` CASE NO. 3:20-cv-6754
`
`COMPLAINT FOR DECLARATORY
`JUDGMENT OF NON-INFRINGEMENT
`OF U.S. PATENT NOS. 9,967,615;
`10,779,033; 9,344,206; 10,469,966; AND
`9,219,460
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`DEMAND FOR JURY TRIAL
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`GOOGLE LLC,
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`Plaintiff,
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`
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`vs.
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`SONOS, INC.,
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`Defendant.
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`
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`
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`COMPLAINT FOR DECLARATORY JUDGMENT OF NON-INFRINGEMENT OF U.S.
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`PATENT NOS. 9,967,615; 10,779,033; 9,344,206; 10,469,966; AND 9,219,460
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`1.
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`Plaintiff Google LLC (“Google”) seeks a declaratory judgment of non-infringement
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`of United States Patent Nos. 9,967,615; 10,779,033; 9,344,206; 10,469,966; and 9,219,460 as
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`follows:
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`Case No. 3:20-cv-6754
`COMPLAINT
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`Case 3:20-cv-06754-LB Document 1 Filed 09/28/20 Page 2 of 13
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`NATURE OF THE ACTION
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`2.
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`This is an action for a declaratory judgment of non-infringement arising under the
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`patent laws of the United States, Title 35 of the United States Code. Google requests this relief
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`because Defendant Sonos, Inc. (“Sonos”) claims that Google infringes United States Patent Nos.
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`9,967,615 (“the ’615 patent”); 10,779,033 (“the ’033 patent”); 9,344,206 (“the ’206 patent”);
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`10,469,966 (“the ’966 patent”); and 9,219,460 (“the ’460 patent”) (collectively, the “Patents-in-
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`Suit”) by making, using, selling, offering for sale, and/or importing the following products:
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`Chromecast, Chromecast Ultra, Chromecast Audio, Chromecast with Google TV, Home Mini,
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`Nest Mini, Home, Home Max, Home Hub, Nest Hub, Nest Hub Max, Nest Audio, Nest Wifi
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`Point, YouTube Music app, Google Play Music app, YouTube app, Google Home app, and
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`Google’s “Pixel” phones, tablets, and laptops (collectively, “Google Accused Products”). Sonos’
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`litigation campaign has harmed the reputations of these Google Accused Products; and Sonos’
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`affirmative allegations of infringement of the Patents-in-Suit by the Google Accused Products has
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`created a justiciable controversy between Google and Sonos.
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`3.
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`As a result of Sonos’ communication to Google of its intention to pursue claims of
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`infringement of the Patents-in-Suit against Google, Google is under reasonable apprehension of
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`suit by Sonos.
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`THE PARTIES
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`4.
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`Plaintiff Google LLC is a subsidiary of Alphabet Inc. with its principal place of
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`business located at 1600 Amphitheatre Parkway, Mountain View, California 94043.
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`5.
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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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`JURISDICTIONAL STATEMENT
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`6.
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`This action arises under the Declaratory Judgment Act, 28 U.S.C. § 2201, and
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`under the patent laws of the United States, 35 U.S.C. §§ 1-390.
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`7.
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`This Court has subject matter jurisdiction over this action under 28 U.S.C. §§ 1331,
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`1338(a), and 2201(a).
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`Case 3:20-cv-06754-LB Document 1 Filed 09/28/20 Page 3 of 13
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`8.
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`This Court has personal jurisdiction over defendant Sonos. Sonos is registered to
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`do business in the State of California (Registration No. C2465272), has its headquarters in the
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`State of California, and has offices in this District. Sonos, directly and through agents, regularly
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`does, solicits, and transacts business in this District and elsewhere in the State of California.
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`9.
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`Venue is proper in this District under 28 U.S.C. Section 1391. Sonos has a regular
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`and established place of business in this District—specifically, offices and employees located at
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`550 Montgomery Street, Suite 750, San Francisco, CA 94111. Sonos lists this San Francisco
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`office on its website (https://www.sonos.com/en-us/contact, a true and correct copy of which is
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`attached as Exhibit 1), and the Sonos office at this location is advertised by Sonos as a current
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`place of business (including in the building’s directory in the public lobby). Also, a substantial
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`part of the events giving rise to Google’s claim occurred in this District, and because Sonos is
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`subject to personal jurisdiction here. For example, on September 28, 2020, Sonos sent an email to
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`a Google employee who works in this District indicating that Sonos will be initiating a case
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`against Google LLC asserting infringement of the Patents-in-Suit.
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`10.
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`An immediate, real, and justiciable controversy exists between Google and Sonos
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`as to whether Google is infringing or has infringed the Patents-in-Suit.
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`INTRADISTRICT ASSIGNMENT
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`11.
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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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`SONOS’ CAMPAIGN AGAINST GOOGLE
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`12.
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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 of
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`that mission, Google has become one of the world’s most innovative technology companies.
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`13.
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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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`14.
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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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`Case 3:20-cv-06754-LB Document 1 Filed 09/28/20 Page 4 of 13
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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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`15.
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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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`16.
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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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`17.
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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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`18.
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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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`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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`19.
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`Sonos has made false claims about the companies’ shared work and Google’s
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`technology in lawsuits that Sonos filed against Google earlier this year. The parties are also
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`engaged in an additional litigation here in the Northern District of California, Case No. C 3-20-cv-
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`03845-EMC.
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`GOOGLE DOES NOT INFRINGE THE PATENTS-IN-SUIT
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`20.
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`The Google Accused Products do not directly or indirectly infringe any claim of the
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`Patents-in-Suit, literally or under the doctrine of equivalents.
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`Case 3:20-cv-06754-LB Document 1 Filed 09/28/20 Page 5 of 13
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`21.
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`No third party infringes any claim of the Patents-in-Suit by using a Google product
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`or service. Google has not caused, directed, requested, or facilitated any such infringement, much
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`less with specific intent to do so. The Google Accused Products are not designed for use in any
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`combination that infringes any claim of the Patents-in-Suit. To the contrary, each has substantial
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`uses that do not infringe any claim of the Patents-in-Suit.
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`FIRST COUNT
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`(Declaration of Noninfringement of 9,967,615)
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`22.
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`Google restates and incorporates by reference the allegations in paragraphs 1
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`through 21 of this Complaint as if fully set forth herein.
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`23.
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`Sonos claims to own all rights, title, and interest in and under the ’615 patent. A
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`true and correct copy of the ’615 patent is attached hereto as Exhibit 2.
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`24.
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`Google does not directly or indirectly infringe the ’615 patent, either literally or
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`under the doctrine of equivalents, at least because the Google Accused Products do not comprise a
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`tangible, non-transitory computer-readable storage medium including instructions for execution by
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`a processor, the instructions, when executed, cause a control device to implement a method
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`comprising: (1) causing a graphical interface to display a control interface including one or more
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`transport controls to control playback by the control device; (2) after connecting to a local area
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`network via a network interface, identifying playback devices connected to the local area network;
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`(3) causing the graphical interface to display a selectable option for transferring playback from the
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`control device; (4) detecting a set of inputs to transfer playback from the control device to a
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`particular playback device, wherein the set of inputs comprises: (i) a selection of the selectable
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`option for transferring playback from the control device and (ii) a selection of the particular
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`playback device from the identified playback devices connected to the local area network: (5) after
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`detecting the set of inputs to transfer playback from the control device to the particular playback
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`device, causing playback to be transferred from the control device to the particular playback
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`device, (6) wherein transferring playback from the control device to the particular playback device
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`comprises: (a) causing one or more first cloud servers to add multimedia content to a local
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`playback queue on the particular playback device, wherein adding the multimedia content to the
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`Case 3:20-cv-06754-LB Document 1 Filed 09/28/20 Page 6 of 13
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`local playback queue comprises the one or more first cloud servers adding, to the local playback
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`queue, one or more resource locators corresponding to respective locations of the multimedia
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`content at one or more second cloud servers of a streaming content service; (b) causing playback
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`at the control device to be stopped; and (c) modifying the one or more transport controls of the
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`control interface to control playback by the playback device; and (7) causing the particular
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`playback device to play back the multimedia content, wherein the particular playback device
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`playing back the multimedia content comprises the particular playback device retrieving the
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`multimedia content from one or more second cloud servers of a streaming content service and
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`playing back the retrieved multimedia content.
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`25.
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`No third party infringes any claim of the ’615 patent by using a Google product or
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`service. Google has not caused, directed, requested, or facilitated any such infringement, much
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`less with specific intent to do so. The Google Accused Products are not designed for use in any
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`combination which infringes any claim of the ’615 patent. To the contrary, each has substantial
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`uses that do not infringe any claim of the ’615 patent.
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`26.
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`A substantial, immediate, and real controversy therefore exists between Google and
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`Sonos regarding whether Google infringes the ’615 patent. A judicial declaration is appropriate
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`and necessary to determine the parties’ respective rights regarding the ’615 patent.
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`27.
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`Google seeks a judgment declaring that Google does not directly or indirectly
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`infringe any claim of the ’615 patent.
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`SECOND COUNT
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`(Declaration of Noninfringement of 10,779,033)
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`28.
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`Google restates and incorporates by reference the allegations in paragraphs 1
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`through 26 of this Complaint as if fully set forth herein.
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`29.
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`Sonos claims to own all rights, title, and interest in and under the ’033 patent. A
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`true and correct copy of the ’033 patent is attached hereto as Exhibit 3.
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`30.
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`Google does not directly or indirectly infringe the ’033 patent, either literally or
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`under the doctrine of equivalents, at least because the Google Accused Products do not comprise a
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`computing device comprising: (1) at least one processor; (2) a non-transitory computer-readable
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`Case 3:20-cv-06754-LB Document 1 Filed 09/28/20 Page 7 of 13
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`medium; and (3) program instructions stored on the non-transitory computer-readable medium
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`that, when executed by the at least one processor, cause the computing device to perform functions
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`comprising: (4) operating in a first mode in which the computing device is configured for
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`playback of a remote playback queue provided by a cloud-based computing system associated
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`with a cloud-based media service; (5) while operating in the first mode, displaying a
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`representation of one or more playback devices in a media playback system that are each (i)
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`communicatively coupled to the computing device over a data network and (ii) available to accept
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`playback responsibility for the remote playback queue; (6) while displaying the representation of
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`the one or more playback devices, receiving user input indicating a selection of at least one given
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`playback device from the one or more playback devices; (7) based on receiving the user input,
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`transmitting an instruction for the at least one given playback device to take over responsibility for
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`playback of the remote playback queue from the computing device, wherein the instruction
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`configures the at least one given playback device to (i) communicate with the cloud-based
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`computing system in order to obtain data identifying a next one or more media items that are in
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`the remote playback queue, (ii) use the obtained data to retrieve at least one media item in the
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`remote playback queue from the cloud-based media service; and (iii) play back the retrieved at
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`least one media item; (8) detecting an indication that playback responsibility for the remote
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`playback queue has been successfully transferred from the computing device to the at least one
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`given playback device; and (9) after detecting the indication, transitioning from (i) the first mode
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`in which the computing device is configured for playback of the remote playback queue to (ii) a
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`second mode in which the computing device is configured to control the at least one given
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`playback device’s playback of the remote playback queue and the computing device is no longer
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`configured for playback of the remote playback queue.
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`31.
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`No third party infringes any claim of the ’033 patent by using a Google product or
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`service. Google has not caused, directed, requested, or facilitated any such infringement, much
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`less with specific intent to do so. The Google Accused Products are not designed for use in any
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`combination which infringes any claim of the ’033 patent. To the contrary, each has substantial
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`uses that do not infringe any claim of the ’033 patent.
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`Case 3:20-cv-06754-LB Document 1 Filed 09/28/20 Page 8 of 13
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`32.
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`A substantial, immediate, and real controversy therefore exists between Google and
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`Sonos regarding whether Google infringes the ’033 patent. A judicial declaration is appropriate
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`and necessary to determine the parties’ respective rights regarding the ’033 patent.
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`33.
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`Google seeks a judgment declaring that Google does not directly or indirectly
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`infringe any claim of the ’033 patent.
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`THIRD COUNT
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`(Declaration of Noninfringement of 9,344,206)
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`34.
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`Google restates and incorporates by reference the allegations in paragraphs 1
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`through 31 of this Complaint as if fully set forth herein.
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`35.
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`Sonos claims to own all rights, title, and interest in and under the ’206 patent. A
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`true and correct copy of the ’206 patent is attached hereto as Exhibit 4.
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`36.
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`Google does not directly or indirectly infringe the ’206 patent, either literally or
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`under the doctrine of equivalents, at least because the Google Accused Products do not comprise a
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`multimedia controller including a processor, the controller configured to: (1) receive, via a
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`network interface, a zone configuration from a first independent playback device of a plurality of
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`independent playback devices, wherein the zone configuration is configured via the controller and
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`maintained at the first independent playback device, and wherein the zone configuration
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`characterizes one or more zone scenes, each zone scene identifying a group configuration
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`associated with two or more of the plurality of independent playback devices; and (2) cause a
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`selectable indication of the received zone configuration to be displayed, wherein the displayed
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`selectable indication is selectable to cause one or more of the zone scenes to be invoked by two or
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`more of the plurality of independent playback devices.
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`37.
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`No third party infringes any claim of the ’206 patent by using a Google product or
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`service. Google has not caused, directed, requested, or facilitated any such infringement, much
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`less with specific intent to do so. The Google Accused Products are not designed for use in any
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`combination which infringes any claim of the ’206 patent. To the contrary, each has substantial
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`uses that do not infringe any claim of the ’206 patent.
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`Case 3:20-cv-06754-LB Document 1 Filed 09/28/20 Page 9 of 13
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`38.
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`A substantial, immediate, and real controversy therefore exists between Google and
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`Sonos regarding whether Google infringes the ’206 patent. A judicial declaration is appropriate
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`and necessary to determine the parties’ respective rights regarding the ’206 patent.
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`39.
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`Google seeks a judgment declaring that Google does not directly or indirectly
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`infringe any claim of the ’206 patent.
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`FOURTH COUNT
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`(Declaration of Noninfringement of 10,469,966)
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`40.
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`Google restates and incorporates by reference the allegations in paragraphs 1
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`through 36 of this Complaint as if fully set forth herein.
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`41.
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`Sonos claims to own all rights, title, and interest in and under the ’966 patent. A
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`true and correct copy of the ’966 patent is attached hereto as Exhibit 5.
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`42.
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`Google does not directly or indirectly infringe the ’966 patent, either literally or
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`under the doctrine of equivalents, at least because the Google Accused Products do not comprise a
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`computing device comprising: (1) one or more processors; (2) a non-transitory computer-readable
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`medium; and (3) program instructions stored on the non-transitory computer-readable medium
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`that, when executed by the one or more processors, cause the computing device to perform
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`functions comprising: (4) while serving as a controller for a networked media playback system
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`comprising a first zone player and at least two other zone players, wherein the first zone player is
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`operating in a standalone mode in which the first zone player is configured to play back media
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`individually: (5) receiving a first request to create a first zone scene comprising a first predefined
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`grouping of zone players including at least the first zone player and a second zone player that are
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`to be configured for synchronous playback of media when the first zone scene is invoked; (6)
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`based on the first request, (i) causing creation of the first zone scene, (ii) causing an indication of
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`the first zone scene to be transmitted to the first zone player, and (iii) causing storage of the first
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`zone scene; (7) receiving a second request to create a second zone scene comprising a second
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`predefined grouping of zone players including at least the first zone player and a third zone player
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`that are to be configured for synchronous playback of media when the second zone scene is
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`invoked, wherein the third zone player is different than the second zone player; (8) based on the
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`Case No. 3:20-cv-6754
`COMPLAINT
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`Case 3:20-cv-06754-LB Document 1 Filed 09/28/20 Page 10 of 13
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`second request, (i) causing creation of the second zone scene, (ii) causing an indication of the
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`second zone scene to be transmitted to the first zone player, and (iii) causing storage of the second
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`zone scene; (9) displaying a representation of the first zone scene and a representation of the
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`second zone scene; and (10) while displaying the representation of the first zone scene and the
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`representation of the second zone scene, receiving a third request to invoke the first zone scene;
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`and (11) based on the third request, causing the first zone player to transition from operating in the
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`standalone mode to operating in accordance with the first predefined grouping of zone players
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`such that the first zone player is configured to coordinate with at least the second zone player to
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`output media in synchrony with output of media by at least the second zone player.
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`43.
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`No third party infringes any claim of the ’966 patent by using a Google product or
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`service. Google has not caused, directed, requested, or facilitated any such infringement, much
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`less with specific intent to do so. The Google Accused Products are not designed for use in any
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`combination which infringes any claim of the ’966 patent. To the contrary, each has substantial
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`uses that do not infringe any claim of the ’966 patent.
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`44.
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`A substantial, immediate, and real controversy therefore exists between Google and
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`Sonos regarding whether Google infringes the ’966 patent. A judicial declaration is appropriate
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`and necessary to determine the parties’ respective rights regarding the ’966 patent.
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`45.
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`Google seeks a judgment declaring that Google does not directly or indirectly
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`infringe any claim of the ’966 patent.
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`FIFTH COUNT
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`(Declaration of Noninfringement of 9,219,460)
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`46.
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`Google restates and incorporates by reference the allegations in paragraphs 1
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`through 41 of this Complaint as if fully set forth herein.
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`47.
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`Sonos claims to own all rights, title, and interest in and under the ’460 patent. A
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`true and correct copy of the ’460 patent is attached hereto as Exhibit 6.
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`48.
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`Google does not directly or indirectly infringe the ’460 patent, either literally or
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`under the doctrine of equivalents, at least because the Google Accused Products do not comprise:
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`a playback device, comprising: (1) a speaker; (2) a microphone that is physically coupled to the
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`-10-
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`Case No. 3:20-cv-6754
`COMPLAINT
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`Case 3:20-cv-06754-LB Document 1 Filed 09/28/20 Page 11 of 13
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`speaker; (3) a processor; (4) a network interface; (5) a data storage; and (6) a program logic stored
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`in the data storage and executable by the processor to: (7) emit a first audio signal from the
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`speaker; (8) detect, via the microphone, a second audio signal, wherein at least a portion of the
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`second audio signal is a reflection of the first audio signal; (9) in response to the detecting,
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`determine a first reflection characteristic based on at least the second audio signal; (10) adjust an
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`equalization setting of the playback device based on at least the first reflection characteristic; and
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`(11) play, via the speaker, an audio track according to the equalization setting.
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`49.
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`No third party infringes any claim of the ’460 patent by using a Google product or
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`service. Google has not caused, directed, requested, or facilitated any such infringement, much
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`less with specific intent to do so. The Google Accused Products are not designed for use in any
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`combination which infringes any claim of the ’460 patent. To the contrary, each has substantial
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`uses that do not infringe any claim of the ’460 patent.
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`50.
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`A substantial, immediate, and real controversy therefore exists between Google and
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`Sonos regarding whether Google infringes the ’460 patent. A judicial declaration is appropriate
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`and necessary to determine the parties’ respective rights regarding the ’460 patent.
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`51.
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`Google seeks a judgment declaring that Google does not directly or indirectly
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`infringe any claim of the ’460 patent.
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`PRAYER FOR RELIEF
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`WHEREFORE, Google prays for judgment as follows:
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`A.
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`Declaring that the Google Accused Products do not infringe, directly or
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`indirectly, the Patents-in-Suit;
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`B.
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`C.
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`Suit;
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`Declaring that Google does not induce infringement of the Patents-in-Suit;
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`Declaring that Google does not contributorily infringe on the Patents-in-
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`D.
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`Declaring that judgment be entered in favor of Google and against Sonos on
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`Google’s claims;
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`E.
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`Finding that this is an exceptional case under 35 U.S.C. § 285;
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`Case No. 3:20-cv-6754
`COMPLAINT
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`Case 3:20-cv-06754-LB Document 1 Filed 09/28/20 Page 12 of 13
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`F.
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`Awarding Google its costs and attorneys’ fees in connection with this
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`action; and
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`G.
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`Granting Google such further and additional relief as the Court deems just
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`and proper.
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`DATED: September 28, 2020
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`QUINN EMANUEL URQUHART &
`SULLIVAN, LLP
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`By
`/s/ Sean S. Pak
`Sean S. Pak
`Attorneys for GOOGLE LLC
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`-12-
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`Case No. 3:20-cv-6754
`COMPLAINT
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`Case 3:20-cv-06754-LB Document 1 Filed 09/28/20 Page 13 of 13
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`DEMAND FOR JURY TRIAL
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`Pursuant to Rule 38(b) of the Federal Rules of Civil Procedure, Google respectfully
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`demands a trial by jury on all issues triable by jury.
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`DATED: September 28, 2020
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`QUINN EMANUEL URQUHART &
`SULLIVAN, LLP
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`By
`/s/ Sean S. Pak
`Sean S. Pak
`Attorneys for GOOGLE LLC
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`-13-
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`Case No. 3:20-cv-6754
`COMPLAINT
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