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Case 3:22-cv-04553-SK Document 1 Filed 08/08/22 Page 1 of 15
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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. 22-4553
`
`COMPLAINT FOR PATENT
`INFRINGEMENT
`
`DEMAND FOR JURY TRIAL
`
`
`
`Case No. 22-4553
`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-04553-SK Document 1 Filed 08/08/22 Page 2 of 15
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`
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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:
`
`NATURE OF THE ACTION
`
`2.
`
`Google brings this action against Sonos for infringement of U.S. Patent No.
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`11,024,311 (the “’311 patent”), U.S. Patent No. 9,812,128 (the “’128 patent”), U.S. Patent No.
`
`9,632,748 (the “’748 patent”), and U.S. Patent No. 11,050,615 (the “’615 patent”) (collectively,
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`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 multi-device management for voice
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`control and device commissioning have made smart-home technology a user-friendly component
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`of modern electronics. Google’s innovations are key components for modern smart-home
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`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 on the implementation
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`of voice recognition and voice-activated device controls in Sonos’s products. This software and
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`Case 3:22-cv-04553-SK Document 1 Filed 08/08/22 Page 3 of 15
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`
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`know-how, which Google provided to Sonos in the spirit of partnership and collaboration, helped
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`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
`
`11.
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`Google has patented inventions on innovative technologies for enabling voice
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`assistant technology and that improve ease of use for smart home devices. Sonos is using, without
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`permission, these Google technologies in its products to enable multiple commercially-desirable
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`Case 3:22-cv-04553-SK Document 1 Filed 08/08/22 Page 4 of 15
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`features. For example, Sonos has recently introduced its Sonos Voice Control feature to
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`coordinate among voice-controlled devices and commission devices onto a wireless local area
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`network, using technologies invented by Google. Sonos uses these technologies in a number of its
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`products, including the Sonos One, Sonos One SL, Sonos Move, Sonos Roam, Sonos Roam SL,
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`Sonos Five, Sonos Arc, Sonos Beam, and Sonos Ray.
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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 user-friendly smart devices. Sonos acknowledges that for its products, “the real
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`magic is in the software,” and not in the “look and sound” of its speakers. See Ex. 5, (retrieved
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`August 3, 2022), available at https://jobs.mindtheproduct.com/?post_type=job_listing&p=10065.
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`Sonos freely admits as much 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.”
`
`See Ex. 6, “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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`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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`Case 3:22-cv-04553-SK Document 1 Filed 08/08/22 Page 5 of 15
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`
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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
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`San Francisco office on its website (https://www.sonos.com/en-us/contact, a true and correct copy
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`of which is attached as Exhibit 7), 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.
`
`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-04553-SK Document 1 Filed 08/08/22 Page 6 of 15
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`FIRST CAUSE OF ACTION
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`(Infringement of U.S. Patent No. 11,024,311)
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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. 11,024,311, titled “Device Leadership Negotiation Among Voice
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`Interface Devices,” was duly and lawfully issued by the United States Patent and Trademark
`
`Office on June 1, 2021, and is assigned to Google LLC. A true and correct copy of the ’311 patent
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`is attached to this 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 ’311 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 ’311 patent is valid and enforceable.
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`Sonos infringes one or more claims of the ’311 patent, including but not limited to
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`claims 1-3, 8-12, 14-18, and 20 (the “Asserted ’311 Claims”), directly and/or indirectly via
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`induced infringement and/or by contributory infringement. Sonos infringes the Asserted ’311
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`Claims by making, using, offering to sell, importing, selling for importation, and/or selling after
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`importation into the United States at least Sonos audio player products that include one or more
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`microphones and support Sonos Voice Control, including the Sonos One, Sonos Move, Sonos
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`Roam, Sonos Arc, and Sonos Beam (collectively, the “Accused Voice Products”) in violation of
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`35 U.S.C. §§ 271(a)-(c). On information and belief, the Accused Voice Products satisfy all claim
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`limitations of the asserted claims at the time of 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 ’311 patent by no later than the filing of this action.
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`Sonos directly infringes the Asserted ’311 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, 10, and 16 of the ’311 patent for a
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`representative Accused Voice Product is attached as Exhibit 8.
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`27.
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`Sonos actively, knowingly, and intentionally induces the infringement of the
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`Asserted ’311 Claims by actively encouraging others to make, use, offer to sell, or sell the
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`Case 3:22-cv-04553-SK Document 1 Filed 08/08/22 Page 7 of 15
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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 ’311 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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`28.
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`Sonos contributorily infringes the Asserted ’311 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 ’311
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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).
`
`29.
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`Sonos’s continued infringement of the ’311 patent is willful and deliberate because
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`it knows of the ’311 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. 22-4553
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`SECOND CAUSE OF ACTION
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`(Infringement of U.S. Patent No. 9,812,128)
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`31.
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`Google incorporates and realleges all of the above paragraphs as though fully set
`
`forth herein.
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`32.
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`U.S. Patent No. 9,812,128, titled “Device Leadership Negotiation Among Voice
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`Interface Devices,” was duly and lawfully issued by the United States Patent and Trademark
`
`Office on November 7, 2017, and is assigned to Google LLC. A true and correct copy of the ’128
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`patent is attached to this Complaint as Exhibit 2.
`
`33.
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`Google is the owner of all rights, title, and interest in the ’128 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 ’128 patent is valid and enforceable.
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`Sonos infringes one or more claims of the ’128 patent, including but not limited to
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`claims 1-3, 5-8, 10-13, and 15 (the “Asserted ’128 Claims”), directly and/or indirectly via induced
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`infringement and/or contributory infringement. Sonos infringes the Asserted ’128 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 Accused Voice Products in violation of 35 U.S.C.
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`§§ 271(a)-(c). On information and belief, the Accused Voice Products satisfy all claim limitations
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`of the asserted claims at the time of importation into and/or sale in the United States.
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`36.
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`37.
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`Sonos had knowledge of the ’128 patent by no later than the filing of this action.
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`Sonos directly infringes the Asserted ’128 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. § 271(a). A claim chart illustrating
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`Sonos’s infringement of independent claims 1, 6, and 11 of the ’128 patent for a representative
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`Accused Voice Product is attached as Exhibit 18.
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`38.
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`Sonos actively, knowingly, and intentionally induces the infringement of the
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`Asserted ’128 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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`Case 3:22-cv-04553-SK Document 1 Filed 08/08/22 Page 9 of 15
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`United States in violation of 35 U.S.C. § 271(b). By at least the filing of this Complaint, Sonos
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`knows (or should know) that its actions will induce (and do induce) users of the Accused Voice
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`Products to directly infringe the Asserted ’128 Claims. For example, Sonos promotes Sonos
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`Voice Control as providing “[f]ast, accurate control of your music and your Sonos System,” and as
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`being available “on new voice capable products and as a free update for existing customers.” Ex.
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`17 (retrieved August 3, 2022) available at https://www.sonos.com/en-us/newsroom/introducing-
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`effortless-listening.
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`39.
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`Sonos contributorily infringes the Asserted ’128 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
`
`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 an infringement of
`
`such patent, and not a staple article or commodity of commerce suitable for substantial non-
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`infringing use in violation of 35 U.S.C. § 271(c).
`
`40.
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`Sonos’s continued infringement of the ’128 patent is willful and deliberate because
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`it knows of the ’128 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
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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. 9,632,748)
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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-04553-SK Document 1 Filed 08/08/22 Page 10 of 15
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`43.
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`U.S. Patent No. 9,632,748, titled “Device Designation for Audio Input
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`Monitoring,” was duly and lawfully issued by the United States Patent and Trademark Office on
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`April 25, 2017, and is assigned to Google LLC. A true and correct copy of the ’748 patent is
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`attached to this Complaint as Exhibit 3.
`
`44.
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`Google is the owner of all rights, title, and interest in the ’748 patent, including the
`
`right to bring this suit for past and future damages and/or injunctive relief.
`
`45.
`
`46.
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`The ’748 patent is valid and enforceable.
`
`Sonos infringes one or more claims of the ’748 patent, including but not limited to
`
`claims 1-4, 7, 9-12, 14, and 15 (the “Asserted ’748 Claims”), directly and/or indirectly via induced
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`infringement and/or by contributory infringement. Sonos infringes the Asserted ’748 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 Accused Voice Products in violation of 35 U.S.C.
`
`§§ 271(a)-(c). On information and belief, the Accused Voice Products satisfy all claim limitations
`
`of the asserted claims at the time of importation into and/or sale in the United States.
`
`47.
`
`48.
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`Sonos had knowledge of the ’748 patent by no later than the filing of this action.
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`Sonos directly infringes the Asserted ’748 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. § 271(a). A claim chart illustrating
`
`Sonos’s infringement of independent claims 1, 7, and 11 of the ’748 patent for a representative
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`Accused Voice Product is attached as Exhibit 19.
`
`49.
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`Sonos actively, knowingly, and intentionally induces the infringement of the
`
`asserted 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
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`States in violation of 35 U.S.C. § 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
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`directly infringe the Asserted ’748 Claims. For example, Sonos promotes Sonos Voice Control as
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`providing “[f]ast, accurate control of your music and your Sonos System,” and as being available
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`-10-
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`Case No. 22-4553
`COMPLAINT
`
`

`

`Case 3:22-cv-04553-SK Document 1 Filed 08/08/22 Page 11 of 15
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`
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`“on new voice capable products and as a free update for existing customers.” Ex. 17 (retrieved
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`August 3, 2022), available at https://www.sonos.com/en-us/newsroom/introducing-effortless-
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`listening.
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`50.
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`Sonos contributorily infringes the Asserted ’748 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
`
`(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 an infringement of
`
`such patent, and not a staple article or commodity of commerce suitable for substantial non-
`
`infringing use in violation of 35 U.S.C. § 271(c).
`
`51.
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`Sonos’s continued infringement of the ’748 patent is willful and deliberate because
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`it knows of the ’748 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.
`
`FOURTH CAUSE OF ACTION
`
`(Infringement of U.S. Patent No. 11,050,615)
`
`53.
`
`Google incorporates and realleges all of the above paragraphs as though fully set
`
`forth herein.
`
`54.
`
`U.S. Patent No. 11,050,615, titled “Apparatus and Method for Seamless
`
`Commissioning of Wireless Devices,” was duly and lawfully issued by the United States Patent
`
`and Trademark Office on June 29, 2021, and is assigned to Google LLC. A true and correct copy
`
`of the ’615 patent is attached to this Complaint as Exhibit 4.
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`-11-
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`Case No. 22-4553
`COMPLAINT
`
`

`

`Case 3:22-cv-04553-SK Document 1 Filed 08/08/22 Page 12 of 15
`
`
`
`55.
`
`Google is the owner of all rights, title, and interest in the ’615 patent, including the
`
`right to bring this suit for past and future damages and/or injunctive relief.
`
`56.
`
`57.
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`The ’615 patent is valid and enforceable.
`
`Sonos infringes one or more claims of the ’615 patent, including but not limited to
`
`claims 1-3, 5-9, 11, 15-17, and 19 (the “Asserted ’615 Claims”) directly and/or indirectly via
`
`induced infringement and/or by contributory infringement. Sonos infringes the Asserted ’615
`
`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 commissioning
`
`of the device into a system via short-range transmissions, including the Sonos One, Sonos One SL,
`
`Sonos Move, Sonos Roam, Sonos Roam SL, Sonos Five, Sonos Arc, Sonos Beam, and Sonos Ray
`
`(collectively, the “Accused Player Products”) in violation of 35 U.S.C. §§ 271(a)-(c). On
`
`information and belief, the Accused Player Products satisfy all claim limitations of the asserted
`
`claims at the time of importation into and/or sale in the United States.
`
`58.
`
`59.
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`Sonos had knowledge of the ’615 patent by no later than the filing of this action.
`
`Sonos directly infringes the Asserted ’615 Claims by making, using, offering to
`
`sell, or selling the Accused Player Products in the United States and by importing the Accused
`
`Player Products into the United States in violation of 35 U.S.C. § 271(a). A claim chart
`
`illustrating Sonos’s infringement of independent claims 1, 11, and 16 of the ’615 patent for a
`
`representative Accused Player Product is attached as Exhibit 20.
`
`60.
`
`Sonos actively, knowingly, and intentionally induces the infringement of the
`
`Asserted ’615 Claims by actively encouraging others to make, use, offer to sell, or sell the
`
`Accused Player Products in the United States and/or import the Accused Player Products into the
`
`United States in violation of 35 U.S.C. § 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 Player
`
`Products to directly infringe the Asserted ’615 Claims. For example, Sonos instructs its customers
`
`to use its Sonos Roam Speaker to perform the commissioning techniques in an infringing manner.
`
`See Ex. 24 (retrieved August 3, 2022), available at https://support.sonos.com/s/article/4994.
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`-12-
`
`Case No. 22-4553
`COMPLAINT
`
`

`

`Case 3:22-cv-04553-SK Document 1 Filed 08/08/22 Page 13 of 15
`
`
`
`Sonos’s customers and end users of Sonos’s infringing products test and/or operate the products in
`
`the United States in accordance with Sonos’s instructions contained in Sonos’s user guides. Id.
`
`61.
`
`Sonos contributorily infringes the Asserted ’615 Claims by offering to sell or
`
`selling within the United States or importing into the United States the Accused Player Products
`
`(where each of the Accused Player 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 an infringement of
`
`such patent, and not a staple article or commodity of commerce suitable for substantial non-
`
`infringing use in violation of 35 U.S.C. § 271(c).
`
`62.
`
`Sonos’s continued infringement of the ’615 patent is willful and deliberate because
`
`it knows of the ’615 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.
`
`63.
`
`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.
`
`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
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`damages awarded with respect to infringement of the U.S. Patent Nos. 11,024,311,
`
`9,812,128, 9,632,748, and 11,050,615;
`
`C.
`
`D.
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`An injunction prohibiting further infringement of the Asserted Patents by Sonos;
`
`Judgment that this is an exceptional case;
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`-13-
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`Case No. 22-4553
`COMPLAINT
`
`

`

`Case 3:22-cv-04553-SK Document 1 Filed 08/08/22 Page 14 of 15
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`
`
`E.
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`F.
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`G.
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`H.
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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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`
`
`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
`
`
`
`-14-
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`Case No. 22-4553
`COMPLAINT
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`Case 3:22-cv-04553-SK Document 1 Filed 08/08/22 Page 15 of 15
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`
`
`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
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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
`
`-15-
`
`Case No. 22-4553
`COMPLAINT
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