Case 1:19-cv-01102-CFC Document 1 Filed 06/14/19 Page 1 of 12 PageID #: 1
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`
`PRINCEPS INTERFACE
`TECHNOLOGIES LLC,
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`Plaintiff,
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`v.
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`ALPHABET INC., and GOOGLE LLC,
`
`
`Defendant.
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`Civ. No. __________
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` JURY TRIAL DEMANDED
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`
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`COMPLAINT FOR PATENT INFRINGEMENT
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`Plaintiff Princeps Interface Technologies LLC (“Princeps” or “Plaintiff”), for its
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`Complaint against Defendants Alphabet Inc. (“Alphabet”) and Google LLC (“Google”), alleges
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`the following:
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`NATURE OF THE ACTION
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`1. This is an action for patent infringement arising under the Patent Laws of the
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`United States, 35 U.S.C. § 1 et seq.
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`THE PARTIES
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`2. Plaintiff Princeps is a limited liability company organized under the laws of the
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`State of Delaware.
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`3. Upon information and belief, Defendant Alphabet Inc. (“Alphabet”) is a Delaware
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`corporation, organized and existing under the laws of the State of Delaware, with its principal
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`place of business at 1600 Amphitheatre Parkway, Mountain View, California 94043-1351.
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`Alphabet is the successor issuer to, and parent holding company of, Google Inc. Alphabet owns
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`all of the equity interests in Google Inc. The reorganization of Google Inc., into Alphabet was
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`completed in 2015.
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`4. Upon information and belief, Defendant Google LLC (“Google”) is a Delaware
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`corporation, organized and existing under the laws of the State of Delaware, with its principal
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`place of business at 1600 Amphitheatre Parkway, Mountain View, California 94043-1351. It has
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`operated as an LLC subsidiary of Alphabet since 2017 and is Alphabet’s largest subsidiary.
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`Most of the operations and sales previously encompassed by Google Inc. have been placed with
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`Google LLC under Alphabet Inc.
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`JURISDICTION AND VENUE
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`5.
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`This Court has subject matter jurisdiction under 28 U.S.C. §§ 1331 and 1338(a).
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`6. Venue with respect to Defendant Alphabet is proper in this District under 28
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`U.S.C. § 1400(b) because Alphabet is a Delaware corporation and therefore resides in this
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`District.
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`7. This Court has personal jurisdiction over Alphabet. Alphabet is amenable to
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`service of summons for this action. Furthermore, personal jurisdiction over Alphabet in this
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`action comports with due process. Alphabet has conducted and regularly conducts business
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`within the United States and this District. Alphabet has purposefully availed itself of the
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`privileges of conducting business in the United States, and more specifically in the State of
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`Delaware and this District. Alphabet has sought protection and benefit from the laws of the State
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`of Delaware by forming itself in this District and/or by placing infringing products into the
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`stream of commerce through an established distribution channel with the awareness and/or intent
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`that they will be purchased by consumers in this District.
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`8. Alphabet – directly or through intermediaries (including distributors, retailers, and
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`others), subsidiaries, alter egos, and/or agents – ships, distributes, offers for sale, and/or sells its
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`products in the United States and this District. Alphabet has purposefully and voluntarily placed
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`one or more of its infringing products into the stream of commerce with the awareness and/or
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`intent that they will be purchased by consumers in this District. Alphabet knowingly and
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`purposefully ships infringing products into and within this District through an established
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`distribution channel. These infringing products have been and continue to be purchased by
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`consumers in this District. Upon information and belief, through those activities, Alphabet has
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`committed the tort of patent infringement in this District.
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`9. On information and belief, Defendant Alphabet is subject to this Court’s general
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`and specific personal jurisdiction because Alphabet has sufficient minimum contacts within the
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`State of Delaware and this District, pursuant to due process and/or the Del. Code. Ann. Tit. 3, §
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`3104, because Defendant Alphabet purposefully availed itself of the privileges of conducting
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`business in the State of Delaware and in this District, because Defendant Alphabet regularly
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`conducts and solicits business within the State of Delaware and within this District, and because
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`Plaintiff’s causes of action arise directly from Defendant’s business contacts and other activities
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`in the State of Delaware and this District. Having purposefully availed itself of the privilege of
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`conducting business within this District, Defendant Alphabet should reasonably and fairly
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`anticipate being brought into court here.
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`10. Venue with respect to Defendant Google is proper in this District under 28 U.S.C.
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`§ 1400(b) because Google is a Delaware corporation and therefore resides in this District.
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`11. This Court has personal jurisdiction over Google. Google is amenable to service of
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`summons for this action. Furthermore, personal jurisdiction over Google in this action comports
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`with due process. Google has conducted and regularly conducts business within the United
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`States and this District. Google has purposefully availed itself of the privileges of conducting
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`business in the United States, and more specifically in the State of Delaware and this District.
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`Google has sought protection and benefit from the laws of the State of Delaware by forming
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`itself in this District and/or by placing infringing products into the stream of commerce through
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`an established distribution channel with the awareness and/or intent that they will be purchased
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`by consumers in this District.
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`12. Google – directly or through intermediaries (including distributors, retailers, and
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`others), subsidiaries, alter egos, and/or agents – ships, distributes, offers for sale, and/or sells its
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`products in the United States and this District. Google has purposefully and voluntarily placed
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`one or more of its infringing products into the stream of commerce with the awareness and/or
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`intent that they will be purchased by consumers in this District. Google knowingly and
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`purposefully ships infringing products into and within this District through an established
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`distribution channel. These infringing products have been and continue to be purchased by
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`consumers in this District. Upon information and belief, through those activities, Google has
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`committed the tort of patent infringement in this District.
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`13. On information and belief, Defendant Google is subject to this Court’s general and
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`specific personal jurisdiction because Google has sufficient minimum contacts within the State
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`of Delaware and this District, pursuant to due process and/or the Del. Code. Ann. Tit. 3, § 3104,
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`because Defendant Google purposefully availed itself of the privileges of conducting business in
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`the State of Delaware and in this District, because Defendant Google regularly conducts and
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`solicits business within the State of Delaware and within this District, and because Plaintiff’s
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`causes of action arise directly from Defendant’s business contacts and other activities in the State
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`of Delaware and this District. Having purposefully availed itself of the privilege of conducting
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`business within this District, Defendant Google should reasonably and fairly anticipate being
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`brought into court here.
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`The Inventions
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`BACKGROUND
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`14.
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`Timothy B. Higginson is the sole inventor (hereinafter “the Inventor”) of U.S.
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`
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`Patent No. 6,703,963 (“the ’963 patent” or “the patent in suit”). A true and correct copy of the
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`’963 patent is attached hereto as Exhibit A.
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`15. The ’963 patent resulted from the pioneering efforts of the Inventor in the area of
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`small-profile multifunctional input devices. These efforts resulted in the development of novel
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`input devices, and methods for operating them. The input devices utilize one or more functional
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`modes and one or more domain levels associated with entering input values into the devices. A
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`provisional patent application directed to the inventions was filed in the United States in
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`September 2001.
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`16. At the time of the Inventor’s pioneering efforts, the most widely implemented
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`technology used to address keying input data still involved implementing variants of the
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`traditional two-handed QWERTY keyboard. In that type of system, as explained in the ’963
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`patent:
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`The QWERTY keyboard has been used as an input means since the
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`development of the very first electronic devices. However, with the development
`of smaller, portable electronic devices, use of the QWERTY keyboard with these
`devices has certain drawbacks. As electronic devices have become smaller
`through advances in integrated circuitry, the traditional QWERTY keyboard is
`simply too large for many of the smaller electronic devices as the keyboard must
`be large enough to accommodate both hands of the user. Moreover, due the large
`size of the traditional keyboard, it is not sufficiently portable for use in
`conjunction with many of these electronic devices.
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`Previous attempts to overcome this short coming of the keyboard have
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`included the use of foldable keyboards as shown in U.S. Pat. No. 6,174,097 and
`the use of keyboards that allow for the direct connection of the electronic device
`to a full-size portable QWERTY keyboard as shown in U.S. Pat. No. 6,108,200.
`However, neither of these approaches reduces the area required for the use of the
`keyboard.
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`…An additional drawback to the QWERTY keyboard is that it was
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`designed to accommodate the mechanical components of the first typewriters, as
`such, the layout of its keys does not facilitate the rapid input of data from the
`keyboard.
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`…Another drawback to the traditional QWERTY keyboard is that it has
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`typically only had a single functionality, namely alphanumeric input. However,
`with the decrease in size of many of electronic devices, additional functions are
`required from a smaller keyboard that current keyboards cannot accommodate.
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`(See Exhibit A, ’963 patent at 1:37 to 2:23.)1
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`17. The Inventor conceived of the inventions claimed in the ’963 patent as a way to
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`address the aforementioned drawbacks of the prior art. As explained in the ’963 patent:
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`The miniaturization of many electronic devices has allowed them to be
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`designed such that they can be operated with only a single hand of the user or has
`made their use incompatible with a full-sized QWERTY keyboard. Because the
`QWERTY keyboard was developed for two-handed use with the original
`typewriter, it cannot be readily adapted for efficient use by only a single hand, or
`one or both thumbs when used in conjunction with many electronic devices.
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`…Previous attempts to increase the speed and efficiency of data input into
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`an electronic device have included the development and use of voice-recognition
`software. However, the error rate typically associated with this type of software
`has thus far prevented its large-scale use as an effective input device.
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`…Previous attempts to overcome shortcomings of the QWERTY
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`keyboard have included the use of alternative keyboards, such as the standard 12-
`key arrangement found on most telephone and cellular phones. A drawback of
`using the standard telephone as a data-input device is the slow rate of input due to
`use of only a single finger or thumb to activate the keys.
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`(See Exhibit A, ’963 patent at 1:56 to 2:30.)
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`The present invention provides a multifunctional input device. The input
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`device includes a functional mode which defines the mode of operation of the
`input device. Each functional mode includes one or more domain levels with
`each domain level containing one or more domain-level values. Each domain
`level-value within each functional mode is assigned to one of a plurality of
`programmable input keys. The domain-level value assigned to each input key
`
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`1 Citations to patents in this Complaint refer to columns and lines within columns of any cited
`patent. For example, the citation referenced by this footnote refers to column 1, at line 37
`through column 2, at line 23 in the ’963 patent.
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`controls the function of that input key within a given functionality and domain
`level. The present invention also includes a display to indicate the domain-level
`value associated with each of the programmable input keys within a given
`functionality.
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`(See Exhibit A, ’963 patent at 2:33-45.)
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`Technological Innovation
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`18.
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`The patented inventions disclosed in the ’963 patent resolve technical problems
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`related to data input devices, and particularly, to problems related to the utilization of small-
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`profile data input devices. As the patent explains, there are several limitations of the prior art as
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`regards full-sized QWERTY keyboards in that:
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`[T]he keyboard must be large enough to accommodate both hands of the
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`user. Moreover, due the large size of the traditional keyboard, it is not
`sufficiently portable for use in conjunction with many of these electronic devices.
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`(’963 patent at 1:40-48.)
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`The miniaturization of many electronic devices has allowed them to be
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`designed such that they can be operated with only a single hand of the user or has
`made their use incompatible with a full-sized QWERTY keyboard.
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`(’963 patent at 1:56-59.)
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`Moreover, the size of the standard QWERTY keyboard, which can have in
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`excess of 100 keys, often limits its versatility and utility as an input device.
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`(’963 patent at 1:64-66.)
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`19. The claims of the ‘963 patent do not merely recite the performance of some well-
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`known business practice from the pre-Internet world along with the requirement to perform it on
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`the Internet. Instead, the claims of the patent in suit recite inventive concepts that are deeply
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`rooted in computerized data input and data processing. They offer technology that overcomes
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`problems specifically arising out of how to maximize efficiency and versatility associated with
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`entering data into a small profile data input device.
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`20.
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`In addition, the claims of the patent in suit recite inventive concepts that improve
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`the functioning of electronic data input devices catalogs, particularly as they recite a combination
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`of controls by which a user can dynamically generate user-specific data input interfaces for the
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`devices.
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`21. Moreover, the claims of the ‘963 patent recite inventive concepts that are not
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`merely routine or a conventional use of computer technology or transaction processing. Instead,
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`the patented inventions disclosed in the patent in suit provide a new and novel solution to
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`specific problems related to automating and customizing the process of entering data into small
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`profile input devices by dynamically utilizing user specified control combinations. The claims of
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`the patent in suit thus specify how interfaces for entering user data are manipulated to yield a
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`desired result.
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`22. And finally, the patented inventions disclosed in the patent in suit do not preempt
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`all the ways that user-specific interface selections may be used to improve entering data into
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`small profile input devices, nor does the patent in suit preempt a well-known or prior art
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`technology, such as a standard QWERTY keyboard.
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`23. Accordingly, the claims in the ‘963 patent recite a combination of elements
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`sufficient to ensure that the claims, in substance and in practice, amount to significantly more
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`than a patent-ineligible abstract idea.
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`COUNT I - INFRINGEMENT OF U.S. PATENT NO. 6,703,963
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`24. The allegations set forth in the foregoing paragraphs are incorporated herein by
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`reference.
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`25. On March 9, 2004, the ’963 patent was duly and legally issued by the United
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`States Patent and Trademark Office under the title “Universal Keyboard.”
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`26. Princeps is the assignee and owner of the right, title and interest in and to the ’963
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`patent, including the right to assert all causes of action arising under said patent and the right to
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`any remedies for infringement of it.
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`27. Upon information and belief, the Defendants have directly infringed and continue
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`to directly infringe at least claims 1, 2, 3, 9, 12 and 60 of the ’963 patent under 35 U.S.C. §
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`271(a) by making, using, selling, offering to sell and/or importing information input devices such
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`as Pixel phones with proprietary Google Apps and/or third-party Apps with keyboard
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`functionalities and an operating system such as the Android operating system (the “Accused
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`Instrumentalities”), as set forth in detail in the attached preliminary and exemplary claim charts
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`provided in Exhibit A-1. (See Princeps’ Claim Chart for claims 1, 2, 3, 9, 12 and 60 of the ’963
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`patent, Ex. A-1 at 1-16.)
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`28. The Accused Instrumentalities infringed and continue to infringe claims 1, 2, 3, 9,
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`12 and 60 of the ’963 patent during the pendency of the ’963 patent.
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`29. Defendants were made aware of the ’963 patent and its infringement thereof at
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`least as early as the filing of this Complaint.
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`30. Users in Delaware and elsewhere in the United States have used and interacted
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`with each Defendants’ systems as recited in claims 1, 2, 3, 9, 12 and 60 of the ’963 patent.
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`31. Upon information and belief, since at least the time of receiving this Complaint,
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`Defendants have induced and continue to induce others to infringe at least claims 1, 2, 3, 9, 12
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`and 60 of the ’963 patent under 35 U.S.C. § 271(b) by, among other things, and with specific
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`intent or willful blindness, actively aiding and abetting others to infringe, including but not
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`limited to Defendants’ partners and customers, whose use of the Accused Instrumentalities
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`constitutes direct infringement of at least claims 1, 2, 3, 9, 12 and 60 of the ’963 patent.
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`32.
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`In particular, Defendants’ actions that aid and abet others such as their partners
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`and customers to infringe include distributing the Accused Instrumentalities and providing
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`instructional materials and/or services related to the Accused Instrumentalities. On information
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`and belief, Defendants have engaged in such actions with specific intent to cause infringement
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`and with willful blindness to the resulting infringement because Defendants have had actual
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`knowledge of the ’963 patent and that its acts were inducing infringement of the ’963 patent
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`since at least the time of receiving this Complaint.
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`33. Upon information and belief, Defendants are both liable as a contributory
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`infringer to at least claims 1, 2, 3, 9, 12 and 60 of the ’963 patent under 35 U.S.C. § 271(c) by
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`offering to sell, selling and importing into the United States input device technology, such as the
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`Android operating system, and/or the Google devices, such as the Pixel 3a smartphone, which
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`are especially made or adapted for use in an infringement of the ’963 patent. The Accused
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`Instrumentalities are material components for use in practicing the ’963 patent and are
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`specifically made and are not a staple article of commerce suitable for substantial non-infringing
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`use.
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`34. On information and belief, Defendants Alphabet and Google are for-profit
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`organizations with revenues of approximately $132 billion (Google) and $135 billion (Alphabet)
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`U.S.D. per year. Moreover, Defendants, their employees and/or agents make, use, sell, offer to
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`sell, import, provide and cause to be used the Accused Instrumentalities for Defendant’s
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`customers, leading to direct and indirect revenues and profit. As one example of indirect profit,
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`entities such as Defendants will frequently offer the Accused Instrumentalities at reduced pricing
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`as an inducement to attract select categories of customers, such as students, who then purchase
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`additional products or services. On information and belief, without the availability of infringing
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`tools such as the Accused Instrumentalities, Defendants would be at a disadvantage in the
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`marketplace and would generate less revenue overall.
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`35. On information and belief, since at least the time it received notice by this
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`Complaint, Apple’s infringement has been and continues to be willful.
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`36. Princeps has been harmed by the Defendants’ infringing activities.
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`37. Princeps reserves the right to modify its infringement theories as discovery
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`progresses in this case. It shall not be estopped for purposes of its infringement contentions or its
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`claim constructions by the claim charts it provides with this Complaint. Princeps intends the
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`claim chart (Exhibit A-1) for the ’963 patent to satisfy the notice requirements of Rule 8(a)(2) of
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`the Federal Rule of Civil Procedure. The claim chart is not Princep’s preliminary or final
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`infringement contentions or preliminary or final claim construction positions.
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`JURY DEMAND
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`Pursuant to Rule 38 of the Federal Rules of Civil Procedure, Plaintiff demands a trial by
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`jury on all issues triable as such.
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`PRAYER FOR RELIEF
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`WHEREFORE, Plaintiff Princeps demands judgment for itself and against Defendants
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`Alphabet and Google as follows:
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`A.
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`B.
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`An adjudication that the Defendants have infringed the ’963 patent;
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`An award of damages to be paid by Defendants adequate to compensate Plaintiff
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`for the Defendants’ past infringement of the ’963 patent, and any continuing or future
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`infringement through the date such judgment is entered, including interest, costs, expenses and
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`an accounting of all infringing acts including, but not limited to, those acts not presented at trial;
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`C.
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`A declaration that this case is exceptional under 35 U.S.C. § 285, and an award of
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`Plaintiff’s reasonable attorneys’ fees; and
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`D.
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`An award to Plaintiff of such further relief at law or in equity as the Court deems
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`just and proper.
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`Dated: June 14, 2019
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`DEVLIN LAW FIRM LLC
`
`/s/ Timothy Devlin
`Timothy Devlin (#4241)
`tdevlin@devlinlawfirm.com
`Patrick R. Delaney (pro hac vice to be filed)
`pdelaney@devlinlawfirm.com
`1526 Gilpin Ave.
`Wilmington, Delaware 19806
`
`Telephone: (302) 449-9010
`Facsimile: (302) 353-4251
`
`
`TOLER LAW GROUP, PC
`
`Jeffrey G. Toler (pro hac vice to be filed)
`jtoler@tlgiplaw.com
`8500 Bluffstone Cove
`Suite A201
`Austin, Texas 78759
`
`Telephone: (512) 327-5515
`Facsimile: (512) 327-5575
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`Attorneys for Plaintiff,
`Princeps Interface Technologies LLC
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