`
`
`
`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
`
`GOOGLE LLC,
`
`
`Plaintiff,
`
`
`
`vs.
`
`
`SONOS, INC.,
`
`
`Defendant.
`
`
`
`
`
`
`
`
`
`
`
`
`1 2 3 4 5 6 7 8 9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`
`
`
`
`Case 3:22-cv-04552 Document 1 Filed 08/08/22 Page 2 of 13
`
`
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`1.
`
`Plaintiff Google LLC (“Google”), by and through its attorneys, and for its
`
`Complaint against Sonos, Inc. (“Sonos”), hereby alleges the following:
`
`NATURE OF THE ACTION
`
`2.
`
`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”).
`
`BACKGROUND
`
`3.
`
`Google was founded in 1998, and has a mission to organize the world’s
`
`information and make it universally accessible and useful. Over the past two decades, in service of
`
`that mission, Google has become one of the world’s most innovative technology companies.
`
`Google’s revolutionary advances in search, computing, software, hardware, and voice-assisted
`
`technologies have resulted in improved services for millions of people worldwide.
`
`4.
`
`As part of its commitment to innovation, Google has invested significantly in
`
`extensive research and development efforts. Google is the current assignee of tens of thousands of
`
`patents worldwide.
`
`5.
`
`Google has pioneered advances at the heart of modern technology. Google’s
`
`innovative voice-activated Google Assistant has transformed smart device management, connected
`
`homes, and mobile computing, and Google’s innovations in power management for voice-
`
`controlled devices have made speech interfaces an efficient and effective component of modern
`
`electronics. Google’s innovations in power management, including advances for speech-detecting
`
`devices and techniques for more efficient wireless charging, are key components for modern
`
`mobile devices and smart-home technologies.
`
`6.
`
`Google makes its innovative technology available to users worldwide, and also to
`
`other companies – even providing its Google Assistant software to Sonos for many years. Google
`
`engineers have worked for years assisting and instructing Sonos engineers regarding
`
`implementation of voice recognition and voice-activated device controls in Sonos’s products.
`
`1 2 3 4 5 6 7 8 9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`
`
`
`
`
`
`-2-
`
`Case No. 22-4552
`COMPLAINT
`
`
`
`Case 3:22-cv-04552 Document 1 Filed 08/08/22 Page 3 of 13
`
`
`
`This software and know-how, which Google provided to Sonos in the spirit of partnership and
`
`collaboration, helped drive demand for Sonos products.
`
`GOOGLE’S PARTNERSHIP WITH SONOS
`
`7.
`
`Google partners with other companies to bring Google’s innovations to millions of
`
`shared customers. In particular, Google has long had a continued partnership with Sonos. In these
`
`collaborations, Sonos has repeatedly asked Google for assistance, so that Sonos could employ
`
`Google technology to improve Sonos’s products. In 2013, Sonos asked for Google’s assistance to
`
`integrate with Google’s popular Play Music service. Google gave Sonos that assistance, and
`
`provided significant engineering resources, technical support, and other resources to integrate
`
`Sonos’s products with Google’s Play Music service in 2014.
`
`8.
`
`In 2016, Sonos again asked for Google’s assistance–this time to integrate with
`
`Google’s innovative Assistant software. And again, Google was willing to help. Google gave
`
`Sonos significant assistance in designing, implementing, and testing a solution that would bring
`
`Google’s voice recognition software to Sonos’s devices. This effort again involved substantial
`
`Google engineering resources, including significant months of employee work time, for the initial
`
`launch of Google’s Assistant on Sonos’s products in May 2019.
`
`9.
`
`Google is proud of its multi-year partnership with Sonos, and has worked
`
`constructively with Sonos to make the companies’ products work seamlessly by building special
`
`integrations for Sonos. For instance, when Google rolled out the ability to set a Sonos speaker as
`
`the default option for Google Assistant, it was the first time Google had done that for any partner
`
`company.
`
`10.
`
`Sonos has made false claims about the companies’ shared work and Google’s
`
`technology in the lawsuits that Sonos filed against Google. While Google rarely sues other
`
`companies for patent infringement, it must assert its intellectual property rights here.
`
`SONOS’S INFRINGEMENT OF GOOGLE’S INTELLECTUAL PROPERTY
`
`11.
`
`Google has patented inventions on innovative technologies for enabling voice
`
`assistant technology and providing improvements to the efficiency, reliability, and durability of
`
`voice-controlled and battery-powered devices. Sonos is using, without permission, these Google
`
`1 2 3 4 5 6 7 8 9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`
`
`
`
`
`
`-3-
`
`Case No. 22-4552
`COMPLAINT
`
`
`
`Case 3:22-cv-04552 Document 1 Filed 08/08/22 Page 4 of 13
`
`
`
`technologies in its products to enable multiple commercially-desirable features. For example,
`
`Sonos has recently introduced its Sonos Voice Control feature to control its products in a power-
`
`efficient manner through the use of “hotwords,” and to manage battery charging of its products,
`
`using technologies invented by Google. Sonos uses these technologies in a number of its
`
`products, including the Sonos Move, Sonos Roam, Sonos Roam SL, Sonos Arc, Sonos Beam, and
`
`Sonos One.
`
`12.
`
`Google’s patented innovations are fundamental to the ability of Sonos’s products to
`
`work together as energy efficient, voice-controllable smart devices. Sonos acknowledges that for
`
`its products, “the real magic is in the software,” and not in the “look and sound” of its speakers.
`
`See Ex. 4, (retrieved August 3, 2022), available at
`
`https://jobs.mindtheproduct.com/?post_type=job_listing&p=10065. Sonos freely admits as much
`
`on its own tech blog:
`
`Our software is the “magic.”
`
`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.”
`
`See Ex. 5, “5 Things We Want To Share With Our Future SVP, Software” (retrieved June
`
`20, 2022), available at https://tech-blog.sonos.com/posts/things-we-want-to-share-with-our-future-
`
`svp-software/ (emphasis added). This software “magic” uses patented Google technology, and
`
`Google brings this case to defend that technology from Sonos’s infringement.
`
`1 2 3 4 5 6 7 8 9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`
`
`
`
`
`
`-4-
`
`Case No. 22-4552
`COMPLAINT
`
`
`
`Case 3:22-cv-04552 Document 1 Filed 08/08/22 Page 5 of 13
`
`
`
`13.
`
`Sonos is actively infringing Google’s intellectual property, and is not licensed to
`
`use Google’s patented inventions to implement the accused features described in this Complaint.
`
`Accordingly, Google has filed this suit to protect its intellectual property.
`
`THE PARTIES
`
`14.
`
`Plaintiff Google LLC is a subsidiary of Alphabet Inc. with its principal place of
`
`business located in Mountain View, California.
`
`15.
`
`Defendant Sonos, Inc. is a Delaware corporation with headquarters at 614 Chapala
`
`Street, Santa Barbara, California 93101.
`
`JURISDICTION AND VENUE
`
`16.
`
`This is a civil action for patent infringement arising under the patent laws of the
`
`United States, Title 35 of the United States Code. This Court has exclusive subject matter
`
`jurisdiction over this Complaint pursuant to 28 U.S.C. Sections 1331 and 1338(a).
`
`17.
`
`This Court has personal jurisdiction over Sonos. Sonos is registered to do business
`
`in the State of California (Registration No. C2465272), has its headquarters in the State of
`
`California, and has offices in this District. Sonos, directly and through agents, regularly does,
`
`solicits, and transacts business in this District and elsewhere in the State of California. Those acts
`
`have caused injury to Google, including within this District.
`
`18.
`
`Venue is proper in this District under 28 U.S.C. Sections 1391 and 1400(b). Sonos
`
`has a regular and established place of business in this District—specifically, offices and employees
`
`located at 550 Montgomery Street, Suite 750, San Francisco, CA 94111. Sonos lists this San
`
`Francisco office on its website (https://www.sonos.com/en-us/contact, a true and correct copy of
`
`which is attached as Exhibit 6), and the Sonos office at this location is advertised by Sonos as a
`
`current place of business (including in the building’s directory in the public lobby). Sonos has
`
`also committed acts of infringement in this District by selling, using, importing, and/or offering
`
`for sale its infringing products in this District.
`
`INTRADISTRICT ASSIGNMENT
`
`19.
`
`For purposes of intradistrict assignment under Civil Local Rules 3-2(c) and 3-5(b),
`
`this Intellectual Property Action will be assigned on a district-wide basis.
`
`1 2 3 4 5 6 7 8 9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`
`
`
`
`
`
`-5-
`
`Case No. 22-4552
`COMPLAINT
`
`
`
`Case 3:22-cv-04552 Document 1 Filed 08/08/22 Page 6 of 13
`
`
`
`FIRST CAUSE OF ACTION
`
`(Infringement of U.S. Patent No. 10,593,330)
`
`20.
`
`Google incorporates and realleges all of the above paragraphs as though fully set
`
`forth herein.
`
`21.
`
`U.S. Patent No. 10,593,330, titled “Hotword Detection On Multiple Devices,” was
`
`duly and lawfully issued by the United States Patent and Trademark Office on October 26, 2018
`
`and is assigned to Google LLC. A true and correct copy of the ’330 patent is attached to this
`
`Complaint as Exhibit 1.
`
`22.
`
`Google is the owner of all rights, title, and interest in the ’330 patent, including the
`
`right to bring this suit for past and future damages and/or injunctive relief.
`
`23.
`
`24.
`
`The ’330 patent is valid and enforceable.
`
`Sonos infringes one or more claims of the ’330 patent, including but not limited to
`
`claims 1-7, 9-15, 17, and 18 (the “Asserted ’330 Claims”), directly and/or indirectly via induced
`
`infringement and/or by contributory infringement. Sonos infringes the Asserted ’330 Claims by
`
`making, using, offering to sell, importing, selling for importation, and/or selling after importation
`
`into the United States at least Sonos audio player products that include one or more microphones
`
`and support Sonos Voice Control, including the Sonos One, Sonos Move, Sonos Roam, Sonos
`
`Arc, and Sonos Beam (the “Accused Voice Products”) in violation of 35 U.S.C. Sections 271(a)-
`
`(c). On information and belief, the Accused Voice Products satisfy all claim limitations of the
`
`Asserted ’330 Claims at the time of their importation into and/or sale in the United States.
`
`25.
`
`26.
`
`Sonos had knowledge of the ’330 patent by no later than the filing of this action.
`
`Sonos directly infringes the Asserted ’330 Claims by making, using, offering to
`
`sell, or selling the Accused Voice Products in the United States and by importing the Accused
`
`Voice 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 17 of the ’330 patent for a
`
`representative Accused Voice Product is attached as Exhibit 7.
`
`27.
`
`Sonos actively, knowingly, and intentionally induces the infringement of the
`
`Asserted ’330 Claims by actively encouraging others to make, use, offer to sell, or sell the
`
`1 2 3 4 5 6 7 8 9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`
`
`
`
`
`
`-6-
`
`Case No. 22-4552
`COMPLAINT
`
`
`
`Case 3:22-cv-04552 Document 1 Filed 08/08/22 Page 7 of 13
`
`
`
`Accused Voice Products in the United States and/or import the Accused Voice Products into the
`
`United States in violation of 35 U.S.C. Section 271(b). By at least the filing of this Complaint,
`
`Sonos knows (or should know) that its actions will induce (and do induce) users of the Accused
`
`Voice Products to directly infringe the Asserted ’330 Claims. For example, Sonos promotes
`
`Sonos Voice Control as providing “[f]ast, accurate control of your music and your Sonos System,”
`
`and as being available “on new voice capable products and as a free update for existing
`
`customers.” Ex. 14 (retrieved August 3, 2022) available at https://www.sonos.com/en-
`
`us/newsroom/introducing-effortless-listening.
`
`28.
`
`Sonos contributorily infringes the Asserted ’330 Claims by offering to sell or
`
`selling within the United States or importing into the United States the Accused Voice Products
`
`(where each of the Accused Voice Products is or contains a component of a patented machine,
`
`manufacture, combination or composition, or a material or apparatus for use in practicing a
`
`patented process, constituting a material part of the invention), knowing, by at least the filing of
`
`this Complaint, the same to be especially made or especially adapted for use in infringing the ’330
`
`patent, and not a staple article or commodity of commerce suitable for substantial non-infringing
`
`use in violation of 35 U.S.C. Section 271(c).
`
`29.
`
`Sonos’s continued infringement of the ’330 patent is willful and deliberate because
`
`it knows of the ’330 patent and the infringement of that patent no later than the filing of this
`
`action, but continues to act despite an objectively high likelihood that such acts will result in
`
`infringement of the patent.
`
`30.
`
`As the direct and proximate result of Sonos’s conduct, Google has suffered and, if
`
`Sonos’s conduct is not stopped, will continue to suffer, competitive harm, irreparable injury, and
`
`damages in an amount to be proven at trial. Because Google’s remedy at law is inadequate,
`
`Google seeks, in addition to damages, permanent injunctive relief. Google’s business operates in
`
`a competitive market and will continue suffering irreparable harm absent injunctive relief.
`
`1 2 3 4 5 6 7 8 9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`
`
`
`
`
`
`-7-
`
`Case No. 22-4552
`COMPLAINT
`
`
`
`Case 3:22-cv-04552 Document 1 Filed 08/08/22 Page 8 of 13
`
`
`
`SECOND CAUSE OF ACTION
`
`(Infringement of U.S. Patent No. 10,134,398)
`
`31.
`
`Google incorporates and realleges all of the above paragraphs as though fully set
`
`forth herein.
`
`32.
`
`U.S. Patent No. 10,134,398, titled “Hotword Detection On Multiple Devices,” was
`
`duly and lawfully issued by the United States Patent and Trademark Office on November 20,
`
`2018, and is assigned to Google LLC. A true and correct copy of the ’398 patent is attached to
`
`this Complaint as Exhibit 2.
`
`33.
`
`Google is the owner of all rights, title, and interest in the ’398 patent, including the
`
`right to bring this suit for past and future damages and/or injunctive relief.
`
`34.
`
`35.
`
`The ’398 patent is valid and enforceable.
`
`Sonos infringes one or more claims of the ’398 patent, including but not limited to
`
`claims 1-5, 7-13, and 15-20 (the “Asserted ’398 Claims”), directly and/or indirectly via induced
`
`infringement and/or by contributory infringement. Sonos infringes the Asserted ’398 Claims by
`
`making, using, offering to sell, importing, selling for importation, and/or selling after importation
`
`into the United States at least the Accused Voice Products in violation of 35 U.S.C. Sections
`
`271(a)-(c). On information and belief, the Accused Voice Products satisfy all claim limitations of
`
`the Asserted ’398 Claims at the time of their use in the United States. A claim chart illustrating
`
`Sonos’s infringement of independent claims 1, 9, and 16 of the ’398 patent for a representative
`
`Accused Voice Product is attached as Exhibit 15.
`
`36.
`
`37.
`
`Sonos had knowledge of the ’398 patent by no later than the filing of this action.
`
`Sonos directly infringes the Asserted ’398 Claims by making, using, offering to
`
`sell, or selling the Accused Voice Products in the United States in violation of 35 U.S.C. Section
`
`271(a).
`
`38.
`
`Sonos actively, knowingly, and intentionally induces the infringement of the
`
`Asserted ’398 Claims by actively encouraging others to make, use, offer to sell, or sell the
`
`Accused Voice Products in the United States and/or import the Accused Voice Products into the
`
`United States in violation of 35 U.S.C. Section 271(b). By at least the filing of this Complaint,
`
`1 2 3 4 5 6 7 8 9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`
`
`
`
`
`
`-8-
`
`Case No. 22-4552
`COMPLAINT
`
`
`
`Case 3:22-cv-04552 Document 1 Filed 08/08/22 Page 9 of 13
`
`
`
`Sonos knows (or should know) that its actions will induce (and do induce) users of the Accused
`
`Voice Products to directly infringe the Asserted ’398 Claims. For example, Sonos promotes
`
`Sonos Voice Control as providing “[f]ast, accurate control of your music and your Sonos System,”
`
`and as being available “on new voice capable products and as a free update for existing
`
`customers.” Ex. 17 (retrieved August 3, 2022) available at https://www.sonos.com/en-
`
`us/newsroom/introducing-effortless-listening.
`
`39.
`
`Sonos contributorily infringes the Asserted ’398 Claims by offering to sell or
`
`selling within the United States or importing into the United States the Accused Voice Products
`
`(where each of the Accused Voice Products is or contains a component of a patented machine,
`
`manufacture, combination or composition, or a material or apparatus for use in practicing a
`
`patented process, constituting a material part of the invention), knowing, by at least the filing of
`
`this Complaint, the same to be especially made or especially adapted for use in infringing the ’398
`
`patent, and not a staple article or commodity of commerce suitable for substantial non-infringing
`
`use in violation of 35 U.S.C. Section 271(c).
`
`40.
`
`Sonos’s continued infringement of the ’398 patent is willful and deliberate because
`
`it knows of the ’398 patent and the infringement of that patent no later than the filing of this
`
`action, but continues to act despite an objectively high likelihood that such acts will result in
`
`infringement of the patent.
`
`41.
`
`As the direct and proximate result of Sonos’s conduct, Google has suffered and, if
`
`Sonos’s conduct is not stopped, will continue to suffer, competitive harm, irreparable injury, and
`
`damages in an amount to be proven at trial. Because Google’s remedy at law is inadequate,
`
`Google seeks, in addition to damages, permanent injunctive relief. Google’s business operates in
`
`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)
`
`42.
`
`Google incorporates and realleges all of the above paragraphs as though fully set
`
`forth herein.
`
`1 2 3 4 5 6 7 8 9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`
`
`
`
`
`
`-9-
`
`Case No. 22-4552
`COMPLAINT
`
`
`
`Case 3:22-cv-04552 Document 1 Filed 08/08/22 Page 10 of 13
`
`
`
`43.
`
`U.S. Patent No. 7,705,565, titled “Method and System for Wireless Charging,” was
`
`duly and lawfully issued by the United States Patent and Trademark Office on April 27, 2010, and
`
`is assigned to Google LLC. A true and correct copy of the ’565 patent is attached to this
`
`Complaint as Exhibit 3.
`
`44.
`
`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.
`
`45.
`
`46.
`
`The ’565 patent is valid and enforceable.
`
`Sonos infringes one or more claims of the ’565 patent, including but not limited to
`
`claims 1, 3-7, 9-15, and 18 (the “Asserted ’565 Claims”), directly and/or indirectly via induced
`
`infringement and/or by contributory infringement. Sonos infringes the Asserted ’565 Claims by
`
`making, using, offering to sell, importing, selling for importation, and/or selling after importation
`
`into the United States at least Sonos audio player products that support both wireless and wired
`
`charging, including the Sonos Move, Sonos Roam, and Sonos Roam SL (the “Accused Portable
`
`Products”) in violation of 35 U.S.C. Sections 271(a)-(c). On information and belief, the Accused
`
`Portable Products satisfy all claim limitations of the Asserted ’565 Claims at the time of their
`
`importation into and/or sale in the United States.
`
`47.
`
`48.
`
`Sonos had knowledge of the ’565 patent by no later than the filing of this action.
`
`Sonos directly infringes the Asserted ’565 Claims by making, using, offering to
`
`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
`
`representative Accused Portable Product is attached as Exhibit 16.
`
`49.
`
`Sonos actively, knowingly, and intentionally induces the infringement of the
`
`Asserted ’565 Claims by actively encouraging others to make, use, offer to sell, or sell the
`
`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,
`
`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
`
`1 2 3 4 5 6 7 8 9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`
`
`
`
`
`
`-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
`
`(included), wireless Qi charger, or the Sonos Wireless Charger.” Ex. 22 (retrieved August 3,
`
`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
`
`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),
`
`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.
`
`Sonos contributorily infringes the Asserted ’565 Claims by offering to sell or
`
`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
`
`patented process, constituting a material part of the invention), knowing, by at least the filing of
`
`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
`
`use in violation of 35 U.S.C. Section 271(c).
`
`51.
`
`Sonos’s continued infringement of the ’565 patent is willful and deliberate because
`
`it knows of the ’565 patent and the infringement of that patent no later than the filing of this
`
`action, but continues to act despite an objectively high likelihood that such acts will result in
`
`infringement of the patent.
`
`52.
`
`As the direct and proximate result of Sonos’s conduct, Google has suffered and, if
`
`Sonos’s conduct is not stopped, will continue to suffer, competitive harm, irreparable injury, and
`
`damages in an amount to be proven at trial. Because Google’s remedy at law is inadequate,
`
`Google seeks, in addition to damages, permanent injunctive relief. Google’s business operates in
`
`a competitive market and will continue suffering irreparable harm absent injunctive relief.
`
`1 2 3 4 5 6 7 8 9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`
`
`
`
`
`
`-11-
`
`Case No. 22-4552
`COMPLAINT
`
`
`
`Case 3:22-cv-04552 Document 1 Filed 08/08/22 Page 12 of 13
`
`
`
`PRAYER FOR RELIEF
`
`WHEREFORE, Google respectfully requests the following relief:
`
`A.
`
`Judgment in Google’s favor and against Sonos on all causes of action alleged
`
`herein;
`
`B.
`
`Damages in an amount to be further proven at trial, including trebling of all
`
`damages awarded with respect to infringement of the U.S. Patent Nos. 10,593,330,
`
`10,134,398, and 7,705,565;
`
`An injunction prohibiting further infringement of the Asserted Patents by Sonos;
`
`Judgment that this is an exceptional case;
`
`Costs of suit incurred herein;
`
`Prejudgment interest;
`
`Attorneys’ fees and costs; and
`
`Such other and further relief as the Court may deem to be just and proper.
`
`C.
`
`D.
`
`E.
`
`F.
`
`G.
`
`H.
`
`
`
`DATED: August 8, 2022
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`QUINN EMANUEL URQUHART &
`SULLIVAN, LLP
`
`By
`/s/ Patrick D. Curran
`Patrick D. Curran
`Attorneys for GOOGLE LLC
`
`
`
`-12-
`
`Case No. 22-4552
`COMPLAINT
`
`1 2 3 4 5 6 7 8 9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`
`
`
`
`Case 3:22-cv-04552 Document 1 Filed 08/08/22 Page 13 of 13
`
`
`
`DEMAND FOR JURY TRIAL
`
`Pursuant to Rule 38(b) of the Federal Rules of Civil Procedure, Google respectfully
`
`demands a trial by jury on all issues triable by jury.
`
`
`
`DATED: August 8, 2022
`
`
`
`
`
`
`
`
`
`
`
`
`
`QUINN EMANUEL URQUHART &
`SULLIVAN, LLP
`
`By
`/s/ Patrick D. Curran
`Patrick D. Curran
`Attorneys for GOOGLE LLC
`
`-13-
`
`Case No. 22-4552
`COMPLAINT
`
`1 2 3 4 5 6 7 8 9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`
`
`