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Case 3:22-cv-04552 Document 1 Filed 08/08/22 Page 1 of 13
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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
`
` David A. Nelson (pro hac vice application forthcoming)
` davenelson@quinnemanuel.com
`191 N. Wacker Dr., Suite 2700
`Chicago, IL 60606
`Telephone: (312) 705-7400
`
` Patrick D. Curran (Bar No. 241630)
` patrickcurran@quinnemanuel.com
`Quinn Emanuel Urquhart & Sullivan, LLP
`111 Huntington Ave, Suite 520
`Boston, MA 02199
`Telephone: (617) 712-7100
`
` S. Alex Lasher (pro hac vice application forthcoming)
` alexlasher@quinnemanuel.com
` Jeffrey Gerchick (pro hac vice application forthcoming)
` jeffgerchick@quinnemanuel.com
` Nina S. Tallon (pro hac vice application forthcoming)
` ninatallon@quinnemanuel.com
`1300 I Street, NW, Suite 900
`Washington, D.C. 20005
`Telephone: (202) 538-8000
`
`Attorneys for GOOGLE LLC
`
`
`UNITED STATES DISTRICT COURT
`
`NORTHERN DISTRICT OF CALIFORNIA
`
` CASE NO. ___
`
`COMPLAINT FOR PATENT
`INFRINGEMENT
`
`DEMAND FOR JURY TRIAL
`
`
`
`Case No. 22-4552
`COMPLAINT
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`GOOGLE LLC,
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`Plaintiff,
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`vs.
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`SONOS, INC.,
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`Defendant.
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`Case 3:22-cv-04552 Document 1 Filed 08/08/22 Page 2 of 13
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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
`
`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.
`
`10,593,330 (“the ’330 patent”), U.S. Patent No. 10,134,398 (“the ’398 patent”), and U.S. Patent
`
`No. 7,705,565 (“the ’565 patent”) (collectively, the “Asserted Patents”).
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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 of
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`that mission, Google has become one of the world’s most innovative technology companies.
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`Google’s revolutionary advances in search, computing, software, hardware, and voice-assisted
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`technologies have resulted in improved services for millions of people worldwide.
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`4.
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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. Google is the current assignee of tens of thousands of
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`patents worldwide.
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`5.
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`Google has pioneered advances at the heart of modern technology. Google’s
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`innovative voice-activated Google Assistant has transformed smart device management, connected
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`homes, and mobile computing, and Google’s innovations in power management for voice-
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`controlled devices have made speech interfaces an efficient and effective component of modern
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`electronics. Google’s innovations in power management, including advances for speech-detecting
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`devices and techniques for more efficient wireless charging, are key components for modern
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`mobile devices and smart-home technologies.
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`6.
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`Google makes its innovative technology available to users worldwide, and also to
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`other companies – even providing its Google Assistant software to Sonos for many years. Google
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`engineers have worked for years assisting and instructing Sonos engineers regarding
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`implementation of voice recognition and voice-activated device controls in Sonos’s products.
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`Case 3:22-cv-04552 Document 1 Filed 08/08/22 Page 3 of 13
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`This software and know-how, which Google provided to Sonos in the spirit of partnership and
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`collaboration, helped drive demand for Sonos products.
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`GOOGLE’S PARTNERSHIP WITH SONOS
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`7.
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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’s products. In 2013, Sonos asked for Google’s assistance to
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`integrate with Google’s popular Play Music service. Google gave Sonos that assistance, and
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`provided significant engineering resources, technical support, and other resources to integrate
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`Sonos’s products with Google’s Play 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’s 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’s products in May 2019.
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`9.
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`Google is proud of its multi-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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`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. While Google rarely sues other
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`companies for patent infringement, it must assert its intellectual property rights here.
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`SONOS’S INFRINGEMENT OF GOOGLE’S INTELLECTUAL PROPERTY
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`11.
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`Google has patented inventions on innovative technologies for enabling voice
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`assistant technology and providing improvements to the efficiency, reliability, and durability of
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`voice-controlled and battery-powered devices. Sonos is using, without permission, these Google
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`Case 3:22-cv-04552 Document 1 Filed 08/08/22 Page 4 of 13
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`
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`technologies in its products to enable multiple commercially-desirable features. For example,
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`Sonos has recently introduced its Sonos Voice Control feature to control its products in a power-
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`efficient manner through the use of “hotwords,” and to manage battery charging of its products,
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`using technologies invented by Google. Sonos uses these technologies in a number of its
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`products, including the Sonos Move, Sonos Roam, Sonos Roam SL, Sonos Arc, Sonos Beam, and
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`Sonos One.
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`12.
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`Google’s patented innovations are fundamental to the ability of Sonos’s products to
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`work together as energy efficient, voice-controllable smart devices. Sonos acknowledges that for
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`its products, “the real magic is in the software,” and not in the “look and sound” of its speakers.
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`See Ex. 4, (retrieved August 3, 2022), available at
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`https://jobs.mindtheproduct.com/?post_type=job_listing&p=10065. Sonos freely admits as much
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`on its own tech blog:
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`Our software is the “magic.”
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`If you’ve used Sonos before, you know that the Sonos
`experience is more than just sounds coming from a speaker. It’s the
`seamlessness of moving from room to room while listening to your
`favorite true crime podcast. It’s the ease of asking your voice assistant
`to turn down the volume or convert ounces to cups while you’re
`cooking. And it’s the joy of soundtracking a picnic with a
`collaborative playlist on a speaker that weighs less than a pound.
`
`None of this would be possible without the hard-working
`software inside our speakers and components. “There's a perception
`that we're a hardware company because everything we sell is
`hardware,” says Jim Dolan, Vice President, Software Development.
`“And the hardware is beautiful. It’s amazing. But the magic of the
`system is the software. The speaker itself does not enable the system;
`the software enables the system.”
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`See Ex. 5, “5 Things We Want To Share With Our Future SVP, Software” (retrieved June
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`20, 2022), available at https://tech-blog.sonos.com/posts/things-we-want-to-share-with-our-future-
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`svp-software/ (emphasis added). This software “magic” uses patented Google technology, and
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`Google brings this case to defend that technology from Sonos’s infringement.
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`Case 3:22-cv-04552 Document 1 Filed 08/08/22 Page 5 of 13
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`13.
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`Sonos is actively infringing Google’s intellectual property, and is not licensed to
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`use Google’s patented inventions to implement the accused features described in this Complaint.
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`Accordingly, Google has filed this suit to protect 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.
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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 San
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`Francisco office on its website (https://www.sonos.com/en-us/contact, a true and correct copy of
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`which is attached as Exhibit 6), 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 its infringing 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 3:22-cv-04552 Document 1 Filed 08/08/22 Page 6 of 13
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`FIRST CAUSE OF ACTION
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`(Infringement of U.S. Patent No. 10,593,330)
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`20.
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`Google incorporates and realleges all of the above paragraphs as though fully set
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`forth herein.
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`21.
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`U.S. Patent No. 10,593,330, titled “Hotword Detection On Multiple Devices,” was
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`duly and lawfully issued by the United States Patent and Trademark Office on October 26, 2018
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`and is assigned to Google LLC. A true and correct copy of the ’330 patent is attached to this
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`Complaint as Exhibit 1.
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`22.
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`Google is the owner of all rights, title, and interest in the ’330 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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`23.
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`24.
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`The ’330 patent is valid and enforceable.
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`Sonos infringes one or more claims of the ’330 patent, including but not limited to
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`claims 1-7, 9-15, 17, and 18 (the “Asserted ’330 Claims”), directly and/or indirectly via induced
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`infringement and/or by contributory infringement. Sonos infringes the Asserted ’330 Claims by
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`making, using, offering to sell, importing, selling for importation, and/or selling after importation
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`into the United States at least Sonos audio player products that include one or more microphones
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`and support Sonos Voice Control, including the Sonos One, Sonos Move, Sonos Roam, Sonos
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`Arc, and Sonos Beam (the “Accused Voice Products”) in violation of 35 U.S.C. Sections 271(a)-
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`(c). On information and belief, the Accused Voice Products satisfy all claim limitations of the
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`Asserted ’330 Claims at the time of their importation into and/or sale in the United States.
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`25.
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`26.
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`Sonos had knowledge of the ’330 patent by no later than the filing of this action.
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`Sonos directly infringes the Asserted ’330 Claims by making, using, offering to
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`sell, or selling the Accused Voice Products in the United States and by importing the Accused
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`Voice Products into the United States in violation of 35 U.S.C. Section 271(a). A claim chart
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`illustrating Sonos’s infringement of independent claims 1, 9, and 17 of the ’330 patent for a
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`representative Accused Voice Product is attached as Exhibit 7.
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`27.
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`Sonos actively, knowingly, and intentionally induces the infringement of the
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`Asserted ’330 Claims by actively encouraging others to make, use, offer to sell, or sell the
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`Case 3:22-cv-04552 Document 1 Filed 08/08/22 Page 7 of 13
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`Accused Voice Products in the United States and/or import the Accused Voice Products into the
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`United States in violation of 35 U.S.C. Section 271(b). By at least the filing of this Complaint,
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`Sonos knows (or should know) that its actions will induce (and do induce) users of the Accused
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`Voice Products to directly infringe the Asserted ’330 Claims. For example, Sonos promotes
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`Sonos Voice Control as providing “[f]ast, accurate control of your music and your Sonos System,”
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`and as being available “on new voice capable products and as a free update for existing
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`customers.” Ex. 14 (retrieved August 3, 2022) available at https://www.sonos.com/en-
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`us/newsroom/introducing-effortless-listening.
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`28.
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`Sonos contributorily infringes the Asserted ’330 Claims by offering to sell or
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`selling within the United States or importing into the United States the Accused Voice Products
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`(where each of the Accused Voice 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, by at least the filing of
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`this Complaint, the same to be especially made or especially adapted for use in infringing the ’330
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`patent, and not a staple article or commodity of commerce suitable for substantial non-infringing
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`use in violation of 35 U.S.C. Section 271(c).
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`29.
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`Sonos’s continued infringement of the ’330 patent is willful and deliberate because
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`it knows of the ’330 patent and the infringement of that patent no later than the filing of this
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`action, but continues to act despite an objectively high likelihood that such acts will result in
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`infringement of the patent.
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`30.
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`As the direct and proximate result of Sonos’s conduct, Google has suffered and, if
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`Sonos’s 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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`Case No. 22-4552
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`Case 3:22-cv-04552 Document 1 Filed 08/08/22 Page 8 of 13
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`SECOND CAUSE OF ACTION
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`(Infringement of U.S. Patent No. 10,134,398)
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`31.
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`Google incorporates and realleges all of the above paragraphs as though fully set
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`forth herein.
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`32.
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`U.S. Patent No. 10,134,398, titled “Hotword Detection On Multiple Devices,” was
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`duly and lawfully issued by the United States Patent and Trademark Office on November 20,
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`2018, and is assigned to Google LLC. A true and correct copy of the ’398 patent is attached to
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`this Complaint as Exhibit 2.
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`33.
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`Google is the owner of all rights, title, and interest in the ’398 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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`34.
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`35.
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`The ’398 patent is valid and enforceable.
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`Sonos infringes one or more claims of the ’398 patent, including but not limited to
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`claims 1-5, 7-13, and 15-20 (the “Asserted ’398 Claims”), directly and/or indirectly via induced
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`infringement and/or by contributory infringement. Sonos infringes the Asserted ’398 Claims by
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`making, using, offering to sell, importing, selling for importation, and/or selling after importation
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`into the United States at least the Accused Voice Products in violation of 35 U.S.C. Sections
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`271(a)-(c). On information and belief, the Accused Voice Products satisfy all claim limitations of
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`the Asserted ’398 Claims at the time of their use in the United States. A claim chart illustrating
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`Sonos’s infringement of independent claims 1, 9, and 16 of the ’398 patent for a representative
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`Accused Voice Product is attached as Exhibit 15.
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`36.
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`37.
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`Sonos had knowledge of the ’398 patent by no later than the filing of this action.
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`Sonos directly infringes the Asserted ’398 Claims by making, using, offering to
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`sell, or selling the Accused Voice Products in the United States in violation of 35 U.S.C. Section
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`271(a).
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`38.
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`Sonos actively, knowingly, and intentionally induces the infringement of the
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`Asserted ’398 Claims by actively encouraging others to make, use, offer to sell, or sell the
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`Accused Voice Products in the United States and/or import the Accused Voice Products into the
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`United States in violation of 35 U.S.C. Section 271(b). By at least the filing of this Complaint,
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`Case 3:22-cv-04552 Document 1 Filed 08/08/22 Page 9 of 13
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`Sonos knows (or should know) that its actions will induce (and do induce) users of the Accused
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`Voice Products to directly infringe the Asserted ’398 Claims. For example, Sonos promotes
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`Sonos Voice Control as providing “[f]ast, accurate control of your music and your Sonos System,”
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`and as being available “on new voice capable products and as a free update for existing
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`customers.” Ex. 17 (retrieved August 3, 2022) available at https://www.sonos.com/en-
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`us/newsroom/introducing-effortless-listening.
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`39.
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`Sonos contributorily infringes the Asserted ’398 Claims by offering to sell or
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`selling within the United States or importing into the United States the Accused Voice Products
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`(where each of the Accused Voice 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, by at least the filing of
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`this Complaint, the same to be especially made or especially adapted for use in infringing the ’398
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`patent, and not a staple article or commodity of commerce suitable for substantial non-infringing
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`use in violation of 35 U.S.C. Section 271(c).
`
`40.
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`Sonos’s continued infringement of the ’398 patent is willful and deliberate because
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`it knows of the ’398 patent and the infringement of that patent no later than the filing of this
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`action, but continues to act despite an objectively high likelihood that such acts will result in
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`infringement of the patent.
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`41.
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`As the direct and proximate result of Sonos’s conduct, Google has suffered and, if
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`Sonos’s 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.
`
`THIRD CAUSE OF ACTION
`
`(Infringement of U.S. Patent No. 7,705,565)
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`42.
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`Google incorporates and realleges all of the above paragraphs as though fully set
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`forth herein.
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`Case 3:22-cv-04552 Document 1 Filed 08/08/22 Page 10 of 13
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`43.
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`U.S. Patent No. 7,705,565, titled “Method and System for Wireless Charging,” was
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`duly and lawfully issued by the United States Patent and Trademark Office on April 27, 2010, and
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`is assigned to Google LLC. A true and correct copy of the ’565 patent is attached to this
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`Complaint as Exhibit 3.
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`44.
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`Google is the owner by assignment of all rights, title, and interest in the ’565
`
`patent, including the right to bring this suit for past and future damages and/or injunctive relief.
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`45.
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`46.
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`The ’565 patent is valid and enforceable.
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`Sonos infringes one or more claims of the ’565 patent, including but not limited to
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`claims 1, 3-7, 9-15, and 18 (the “Asserted ’565 Claims”), directly and/or indirectly via induced
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`infringement and/or by contributory infringement. Sonos infringes the Asserted ’565 Claims by
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`making, using, offering to sell, importing, selling for importation, and/or selling after importation
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`into the United States at least Sonos audio player products that support both wireless and wired
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`charging, including the Sonos Move, Sonos Roam, and Sonos Roam SL (the “Accused Portable
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`Products”) in violation of 35 U.S.C. Sections 271(a)-(c). On information and belief, the Accused
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`Portable Products satisfy all claim limitations of the Asserted ’565 Claims at the time of their
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`importation into and/or sale in the United States.
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`47.
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`48.
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`Sonos had knowledge of the ’565 patent by no later than the filing of this action.
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`Sonos directly infringes the Asserted ’565 Claims by making, using, offering to
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`sell, or selling the Accused Portable Products in the United States and by importing the Accused
`
`Portable Products into the United States in violation of 35 U.S.C. Section 271(a). A claim chart
`
`illustrating Sonos’s infringement of independent claims 1, 9, and 18 of the ’565 patent for a
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`representative Accused Portable Product is attached as Exhibit 16.
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`49.
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`Sonos actively, knowingly, and intentionally induces the infringement of the
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`Asserted ’565 Claims by actively encouraging others to make, use, offer to sell, or sell the
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`Accused Portable Products in the United States and/or import the Accused Portable Products into
`
`the United States in violation of 35 U.S.C. Section 271(b). By at least the filing of this Complaint,
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`Sonos knows (or should know) that its actions will induce (and do induce) users of the Accused
`
`Portable Products to directly infringe the Asserted ’565 Claims. For example, Sonos provides
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`-10-
`
`Case No. 22-4552
`COMPLAINT
`
`

`

`Case 3:22-cv-04552 Document 1 Filed 08/08/22 Page 11 of 13
`
`
`
`instructions informing a user “how to charge your Sonos Roam or Roam SL with a USB-C cable
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`(included), wireless Qi charger, or the Sonos Wireless Charger.” Ex. 22 (retrieved August 3,
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`2022), available at https://support.sonos.com/s/article/4994. Sonos advertises to users that they
`
`can charge their Sonos Roam “[u]sing the included USB A-C charging cable with any 5V/1.5A
`
`(7.5W) or higher USB power adapter. You can also use the Sonos Roam Wireless Charger or any
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`Qi-certified wireless charger.” Ex. 17 (retrieved August 5, 2022), available at
`
`https://www.sonos.com/en-us/shop/roam. Sonos likewise promotes the Sonos Move as capable
`
`of being charged in a wired or wireless configuration. See Ex. 23 (retrieved August 5, 2022),
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`available at https://www.sonos.com/en-us/guides/move (“Rechargeable battery lasts up to 10
`
`hours. Easily recharge by just setting Move on the charging base—no plugs or extra wires
`
`required. For power on the go, use a compatible USB-C charger (sold separately).”).
`
`50.
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`Sonos contributorily infringes the Asserted ’565 Claims by offering to sell or
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`selling within the United States or importing into the United States the Accused Portable Products
`
`(where each of the Accused Portable Products is or contains a component of a patented machine,
`
`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, by at least the filing of
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`this Complaint, the same to be especially made or especially adapted for use in infringing the ’565
`
`patent, and not a staple article or commodity of commerce suitable for substantial non-infringing
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`use in violation of 35 U.S.C. Section 271(c).
`
`51.
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`Sonos’s continued infringement of the ’565 patent is willful and deliberate because
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`it knows of the ’565 patent and the infringement of that patent no later than the filing of this
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`action, but continues to act despite an objectively high likelihood that such acts will result in
`
`infringement of the patent.
`
`52.
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`As the direct and proximate result of Sonos’s conduct, Google has suffered and, if
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`Sonos’s 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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`-11-
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`Case No. 22-4552
`COMPLAINT
`
`

`

`Case 3:22-cv-04552 Document 1 Filed 08/08/22 Page 12 of 13
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`
`
`PRAYER FOR RELIEF
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`WHEREFORE, Google respectfully requests the following relief:
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`A.
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`Judgment in Google’s favor and against Sonos on all causes of action alleged
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`herein;
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`B.
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`Damages in an amount to be further proven at trial, including trebling of all
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`damages awarded with respect to infringement of the U.S. Patent Nos. 10,593,330,
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`10,134,398, and 7,705,565;
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`An injunction prohibiting further infringement of the Asserted Patents by Sonos;
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`Judgment that this is an exceptional case;
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`Costs of suit incurred herein;
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`Prejudgment interest;
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`Attorneys’ fees and costs; and
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`Such other and further relief as the Court may deem to be just and proper.
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`C.
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`D.
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`E.
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`F.
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`G.
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`H.
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`
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`DATED: August 8, 2022
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`QUINN EMANUEL URQUHART &
`SULLIVAN, LLP
`
`By
`/s/ Patrick D. Curran
`Patrick D. Curran
`Attorneys for GOOGLE LLC
`
`
`
`-12-
`
`Case No. 22-4552
`COMPLAINT
`
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`Case 3:22-cv-04552 Document 1 Filed 08/08/22 Page 13 of 13
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`
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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.
`
`
`
`DATED: August 8, 2022
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`
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`
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`QUINN EMANUEL URQUHART &
`SULLIVAN, LLP
`
`By
`/s/ Patrick D. Curran
`Patrick D. Curran
`Attorneys for GOOGLE LLC
`
`-13-
`
`Case No. 22-4552
`COMPLAINT
`
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