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`UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
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`JENAM TECH, LLC,
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`Plaintiff
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`v.
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`GOOGLE LLC,
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`Defendant.
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`Civil Action No.: 6:20-cv-00453
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`JURY TRIAL DEMANDED
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`PATENT CASE
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`PLAINTIFF’S FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
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`Plaintiff Jenam Tech, LLC (“Jenam Tech” or “Plaintiff”), files this Complaint against
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`Google, LLC ( “Google” or “Defendant”) seeking damages and other relief for patent
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`infringement, and alleges with knowledge to its own acts, and on information and belief as to other
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`matters, as follows:
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`PARTIES
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`1.
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`Plaintiff is a limited liability company organized and existing under the laws of the
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`State of Texas, having its principal place of business at 211 West Tyler Street, Suite C, Longview,
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`Texas, 75601.
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`2.
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`Defendant Google is a Delaware corporation with a physical address at 500 West
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`2nd Street, Austin, Texas 78701. Google may be served with process through its registered agent,
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`the Corporation Service Company, at 211 East 7th Street, Suite 620, Austin, Texas 78701. Google
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`is registered to do business in the State of Texas and has been since at least November 17, 2006.
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`Case 6:20-cv-00453-ADA Document 24 Filed 08/11/20 Page 2 of 14
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`3.
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`This Court has personal jurisdiction over Google at least because Google regularly
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`conducts and transacts business, including infringing acts described herein, in this District.
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`4.
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`Defendant conducts business in Texas, directly or through intermediaries and offer
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`products or services, including those accused herein of infringement, to customers, and potential
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`customers located in Texas, including in the Western District of Texas.
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`JURISDICTION AND VENUE
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`5.
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`This action arises under the patent laws of the United States, 35 U.S.C. §101, et
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`seq. This Court has subject matter jurisdiction under 28 U.S.C. §§1331 and 1338(a).
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`6.
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`As to Google, venue is proper in this judicial district pursuant to 28 U.S.C.
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`§1400(b). Google maintains an established place of business in the state of Texas and the Western
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`District of Texas, specifically, including an office at 500 West 2nd Street, Austin, Texas 78701.
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`7.
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`Defendants are subject to this Court’s specific and general personal jurisdiction
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`pursuant to due process or the Texas Long Arm Statute, because Defendants conduct substantial
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`business in this forum, including: (i) making, using, selling, importing, and/or offering for sale one
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`or more websites or web addresses including, but not limited to www.google.com, stored and/or
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`hosted on one or more servers owned or under the control of Google (“Accused
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`Instrumentalities”); (ii) making, using, selling, importing, and/or offering for sale software for
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`smartphones and tablets as well as other computing devices (e.g., laptops, desktops, Chromebooks,
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`etc.) (“Accused Software”); or (iii) regularly doing or soliciting business, engaging in other
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`persistent courses of conduct, or deriving substantial revenue from goods and services provided to
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`citizens and residents in Texas and in this District.
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`2
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`Case 6:20-cv-00453-ADA Document 24 Filed 08/11/20 Page 3 of 14
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`THE PATENTS-IN-SUIT
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`8.
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`On March 7, 2018, Robert Paul Morris filed United States Patent Application No.
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`15/915,053 (“the ʼ053 Application”). The ʼ053 Application was duly examined and issued as
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`United States Patent No. 10,069,945 (“the ʼ945 patent”) (entitled “Methods, Systems, and
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`Computer Program Products for Sharing Information for Detecting an Idle TCP Connection”), on
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`September 4, 2018.
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`9.
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`Jenam Tech is the owner of the ʼ945 patent and has the full and exclusive right to
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`bring actions and recover past, present, and future damages for the Defendants’ infringement of
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`the ʼ945 patent.
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`10.
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`The ʼ945 patent is valid and enforceable. A true and correct copy of the ʼ945 patent
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`is attached hereto as Exhibit A.
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`11.
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`On March 7, 2018, Robert Paul Morris filed United States Patent Application No.
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`15/915,047 (“the ʼ047 Application”). The ʼ047 Application was duly examined and issued as
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`United States Patent No. 10,075,564 (“the ʼ564 patent”) (entitled “Methods, Systems, and
`
`Computer Program Products for Sharing Information for Detecting an Idle TCP Connection”), on
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`September 11, 2018.
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`12.
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`Jenam Tech is the owner of the ʼ564 patent and has the full and exclusive right to
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`bring actions and recover past, present, and future damages for the Defendants’ infringement of
`
`the ʼ564 patent.
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`13.
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`The ʼ564 patent is valid and enforceable. A true and correct copy of the ʼ564 patent
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`is attached hereto as Exhibit B.
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`14.
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`On March 7, 2018, Robert Paul Morris filed United States patent Application No.
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`15/915,052 (“the ʼ052 Application”). The ʼ052 Application was duly examined and issued as
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`3
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`Case 6:20-cv-00453-ADA Document 24 Filed 08/11/20 Page 4 of 14
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`United States Patent No. 10,075,565 (“the ʼ565 patent”) (entitled “Methods, Systems, and
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`Computer Program Products for Sharing Information for Detecting an Idle TCP Connection”), on
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`September 11, 2018.
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`15.
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`Jenam Tech is the owner of the ʼ565 patent and has the full and exclusive right to
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`bring actions and recover past, present, and future damages for the Defendants’ infringement of
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`the ʼ565 patent.
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`16.
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`The ʼ565 patent is valid and enforceable. A true and correct copy of the ʼ565 patent
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`is attached hereto as Exhibit C.
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`17.
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`On July 19, 2018, Robert Paul Morris filed United States Patent Application No.
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`16/040,522 (“the ʼ522 Application”). The ʼ522 Application was duly examined and issued as
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`United States Patent No. 10,375,215 (“the ʼ215 patent”) (entitled “Methods, Systems, and
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`Computer Program Products for Sharing Information for Detecting an Idle TCP Connection”), on
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`August 6, 2019.
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`18.
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`Jenam Tech is the owner of the ʼ215 patent and has the full and exclusive right to
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`bring actions and recover past, present, and future damages for the Defendants’ infringement of
`
`the ʼ215 patent.
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`19.
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`The ʼ215 patent is valid and enforceable. A true and correct copy of the ʼ215 patent
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`is attached hereto as Exhibit D.
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`20.
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`On July 19, 2018, Robert Paul Morris filed United States Patent Application No.
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`16/040,517 (“the ʼ517 Application”). The ʼ517 Application was duly examined and issued as
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`United States Patent No. 10,306,026 (“the ʼ026 patent”) (entitled “Methods, Systems, and
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`Computer Program Products for Sharing Information for Detecting an Idle TCP Connection”), on
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`May 28, 2019.
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`4
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`Case 6:20-cv-00453-ADA Document 24 Filed 08/11/20 Page 5 of 14
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`21.
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`Jenam Tech is the owner of the ʼ026 patent and has the full and exclusive right to
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`bring actions and recover past, present, and future damages for the Defendants’ infringement of
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`the ʼ026 patent.
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`22.
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`The ʼ026 patent is valid and enforceable. A true and correct copy of the ʼ026 patent
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`is attached hereto as Exhibit E.
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`23.
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`On September 3, 2017, Robert Paul Morris filed United States Patent Application
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`No. 15/694,802 (“the ‘802 Application”). The ‘802 Application was duly examined and issued as
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`United States Patent No. 9,923,995 (“the ‘995 Patent”) (entitled “Methods, Systems, and Computer
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`Program Products for Sharing Information for Detecting an Idle TCP Connection”), on March 20,
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`2018.
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`24.
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`Jenam Tech is the owner of the ‘995 Patent and has the full and exclusive right to
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`bring actions and recover past, present, and future damages for the Defendant’s infringement of
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`the ‘995 Patent.
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`25.
`
`The ʼ995 Patent is valid and enforceable. A true and correct copy of the ʼ995 Patent
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`is attached hereto as Exhibit F.
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`26.
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`On September 3, 2017, Robert Paul Morris filed United States Patent Application
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`No. 15/694,803 (“the ‘803 Application”). The ‘803 Application was duly examined and issued as
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`United States Patent No. 9,923,996 (“the ʼ996 Patent”) (entitled “Methods, Systems, and Computer
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`Program Products for Sharing Information for Detecting an Idle TCP Connection”), on March 20,
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`2018.
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`27.
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`Jenam Tech is the owner of the ʼ996 Patent and has the full and exclusive right to
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`bring actions and recover past, present, and future damages for the Defendant’s infringement of
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`the ʼ996 Patent.
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`5
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`Case 6:20-cv-00453-ADA Document 24 Filed 08/11/20 Page 6 of 14
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`28.
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`The ʼ996 Patent is valid and enforceable. A true and correct copy of the ʼ996 Patent
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`is attached hereto as Exhibit G.
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`29.
`
`On March 28, 2019, Robert Paul Morris filed United States Patent Application No.
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`16/368,811 (“the ‘811 Application”). The ‘811 Application was duly examined and issued as
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`United States Patent No. 10,742,774 (“the ʼ774 patent”) (entitled “Methods, Systems, and
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`Computer Program Products for Sharing Information for Detecting an Idle TCP Connection”), on
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`August 11, 2020.
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`30.
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`Jenam Tech is the owner of the ʼ774 patent and has the full and exclusive right to
`
`bring actions and recover past, present, and future damages for the Defendant’s infringement of
`
`the ʼ774 patent.
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`31.
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`The ʼ774 Patent is valid and enforceable. A true and correct copy of the ʼ774 Patent
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`is attached hereto as Exhibit O.
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`32.
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`The ʼ945, ʼ564, ʼ565, ʼ215, ʼ026, ʼ995, ʼ996, and ’774 patents are collectively
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`referred to herein as the “patents” or the “patents in suit.”
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`33.
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`34.
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`Jenam Tech has not practiced any claimed invention of the patents in suit.
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`Defendants infringe the patents at least through making, using, selling, importing,
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`and/or offering to sell the Accused Instrumentalities and Accused Software.
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`COUNT I: INFRINGEMENT OF THE ʼ945 PATENT
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`35.
`
`Jenam Tech repeats and re-alleges the allegations of the above paragraphs as if fully
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`set forth herein.
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`36.
`
`37.
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`The ʼ945 patent includes 144 claims. ʼ945 patent, Ex. A at 24:8-36:65.
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`Defendants directly infringe one or more claims of the ʼ945 patent without authority
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`by making, using (including without limitation testing), selling, importing, and/or offering to sell
`
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`6
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`Case 6:20-cv-00453-ADA Document 24 Filed 08/11/20 Page 7 of 14
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`products and systems, including by way of example, the Accused Instrumentalities. See Claim
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`Chart for the ʼ945 patent, attached hereto as Exhibit H.
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`38.
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`Defendants have been and are directly infringing, either literally or under the
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`doctrine of equivalents, at least Claim 104 of the ʼ945 patent by making, using (including without
`
`limitation testing), selling, importing, and/or offering to sell the Accused Instrumentalities. See
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`Claim Chart for the ʼ945 patent, attached hereto as Exhibit H. As demonstrated by the attached
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`claim chart, each and every element of Claim 104 of the ʼ945 patent is found in the Accused
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`Instrumentalities.
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`39.
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`Defendants have had actual knowledge of the ʼ945 patent at least as early as the
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`date of service of this Complaint.
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`40.
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`Defendants’ acts of infringement have occurred within this District and elsewhere
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`throughout the United States.
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`COUNT II: INFRINGEMENT OF THE ʼ564 PATENT
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`41.
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`Jenam Tech repeats and re-alleges the allegations of the above paragraphs as if fully
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`set forth herein.
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`42.
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`43.
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`The ʼ564 patent includes 30 claims. ʼ564 patent, Ex. B at 23:5–27:28.
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`Defendants directly infringe one or more claims of the ʼ564 patent without authority
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`by making, using (including without limitation testing), selling, importing, and/or offering to sell
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`products and systems, including by way of example, the Accused Instrumentalities. See Claim
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`Chart for the ʼ564 patent, attached hereto as Exhibit I.
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`44.
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`Defendants have been and are directly infringing, either literally or under the
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`doctrine of equivalents, at least Claim 1 of the ʼ564 patent by making, using (including without
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`limitation testing), selling, importing, and/or offering to sell the Accused Instrumentalities. See
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`7
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`Case 6:20-cv-00453-ADA Document 24 Filed 08/11/20 Page 8 of 14
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`Claim Chart for the ʼ564 patent, attached hereto as Exhibit I. As demonstrated by the attached
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`claim chart, each and every element of Claim 1 of the ʼ564 patent is found in the Accused
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`Instrumentalities.
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`45.
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`Defendants have had actual knowledge of the ʼ564 patent at least as early as the
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`date of service of this Complaint.
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`46.
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`Defendants’ acts of infringement have occurred within this District and elsewhere
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`throughout the United States.
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`COUNT III: INFRINGEMENT OF THE ʼ565 PATENT
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`47.
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`Jenam Tech repeats and re-alleges the allegations of the above paragraphs as if fully
`
`set forth herein.
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`48.
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`49.
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`The ʼ565 patent includes 30 claims. ʼ565 patent, Ex. C at 23:48–28:65.
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`Defendants directly infringe one or more claims of the ʼ565 patent without authority
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`by making, using (including without limitation testing), selling, importing, and/or offering to sell
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`products and systems, including by way of example, the Accused Instrumentalities. See Claim
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`Chart for the ʼ565 patent, attached hereto as Exhibit J.
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`50.
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`Defendants have been and are directly infringing, either literally or under the
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`doctrine of equivalents, at least Claim 1 of the ʼ565 patent by making, using (including without
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`limitation testing), selling, importing, and/or offering to sell the Accused Instrumentalities. See
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`Claim Chart for the ʼ565 patent, attached hereto as Exhibit J. As demonstrated by the attached
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`claim chart, each and every element of Claim 1 of the ʼ565 patent is found in the Accused
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`Instrumentalities.
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`51.
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`Defendants have had actual knowledge of the ʼ565 patent at least as early as the
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`date of service of this Complaint.
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`8
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`Case 6:20-cv-00453-ADA Document 24 Filed 08/11/20 Page 9 of 14
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`52.
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`Defendants’ acts of infringement have occurred within this District and elsewhere
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`throughout the United States.
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`COUNT IV: INFRINGEMENT OF THE ʼ215 PATENT
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`53.
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`Jenam Tech repeats and re-alleges the allegations of the above paragraphs as if fully
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`set forth herein.
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`54.
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`55.
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`The ʼ215 patent includes 39 claims. ʼ215 patent, Ex. D at 24:15–30:23.
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`Defendants directly infringe one or more claims of the ʼ215 patent without authority
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`by making, using (including without limitation testing), selling, importing, and/or offering to sell
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`products and systems, including by way of example, the Accused Instrumentalities. See Claim
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`Chart for the ʼ215 patent, attached hereto as Exhibit K.
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`56.
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`Defendants have been and are directly infringing, either literally or under the
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`doctrine of equivalents, at least Claim 1 of the ʼ215 patent by making, using (including without
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`limitation testing), selling, importing, and/or offering to sell the Accused Instrumentalities. See
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`Claim Chart for the ʼ215 patent, attached hereto as Exhibit K. As demonstrated by the attached
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`claim chart, each and every element of Claim 1 of the ʼ215 patent is found in the Accused
`
`Instrumentalities.
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`57.
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`Defendants have had actual knowledge of the ʼ215 patent at least as early as the
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`date of service of this Complaint.
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`58.
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`Defendants’ acts of infringement have occurred within this District and elsewhere
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`throughout the United States.
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`COUNT V: INFRINGEMENT OF THE ʼ026 PATENT
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`59.
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`Jenam Tech repeats and re-alleges the allegations of the above paragraphs as if fully
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`set forth herein.
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`9
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`Case 6:20-cv-00453-ADA Document 24 Filed 08/11/20 Page 10 of 14
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`60.
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`61.
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`The ʼ026 patent includes 98 claims. ʼ026 patent, Ex. E at 24:16–34:30.
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`Defendants directly infringe one or more claims of the ʼ026 patent without authority
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`by making, using (including without limitation testing), selling, importing, and/or offering to sell
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`products and systems, including by way of example, the Accused Instrumentalities and the
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`Accused Software. See Claim Chart for the ʼ026 patent, attached hereto as Exhibit L.
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`62.
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`Defendants have been and are directly infringing, either literally or under the
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`doctrine of equivalents, at least Claim 1 of the ʼ026 patent by making, using (including without
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`limitation testing), selling, importing, and/or offering to sell the Accused Instrumentalities and the
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`Accused Software. See Claim Chart for the ʼ026 patent, attached hereto as Exhibit L. As
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`demonstrated by the attached claim chart, each and every element of Claim 1 of the ʼ026 patent is
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`found in the Accused Instrumentalities and the Accused Software.
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`63.
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`Defendants have had actual knowledge of the ʼ026 patent at least as early as the
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`date of service of this Complaint.
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`64.
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`Defendants’ acts of infringement have occurred within this District and elsewhere
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`throughout the United States.
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`COUNT VI: INFRINGEMENT OF THE ‘995 PATENT
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`65.
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`Jenam Tech repeats and re-alleges the allegations of the above paragraphs as if fully
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`set forth herein.
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`66.
`
`67.
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`The ʼ995 patent includes 30 claims. ʼ995 patent, Ex. F at 23:4-28:16.
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`Defendants directly infringe one or more claims of the ʼ995 patent without authority
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`by making, using (including without limitation testing), selling, importing, and/or offering to sell
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`products and systems, including by way of example, the Accused Instrumentalities and the
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`Accused Software. See Claim Chart for the ʼ995 patent, attached hereto as Exhibit M.
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`10
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`Case 6:20-cv-00453-ADA Document 24 Filed 08/11/20 Page 11 of 14
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`68.
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`Defendants have been and are directly infringing, either literally or under the
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`doctrine of equivalents, at least Claim 29 of the ʼ995 patent by making, using (including without
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`limitation testing), selling, importing, and/or offering to sell the Accused Instrumentalities and the
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`Accused Software. See Claim Chart for the ʼ995 patent, attached hereto as Exhibit M. As
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`demonstrated by the attached claim chart, each and every element of Claim 29 of the ‘995 patent
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`is found in the Accused Instrumentalities and the Accused Software.
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`69.
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`Defendants have had actual knowledge of the ʼ995 patent at least as early as the
`
`date of service of this Complaint.
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`70.
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`Defendants’ acts of infringement have occurred within this District and elsewhere
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`throughout the United States.
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`COUNT VII: INFRINGEMENT OF THE ʼ996 PATENT
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`71.
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`Jenam Tech repeats and re-alleges the allegations of the above paragraphs as if fully
`
`set forth herein.
`
`72.
`
`73.
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`The ʼ996 patent includes 30 claims. ʼ996 patent, Ex. G at 23:27-28:42.
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`Defendants directly infringe one or more claims of the ʼ996 patent without authority
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`by making, using (including without limitation testing), selling, importing, and/or offering to sell
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`products and systems, including by way of example, the Accused Instrumentalities. See Claim
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`Chart for the ʼ996 patent, attached hereto as Exhibit N.
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`74.
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`Defendants have been and are directly infringing, either literally or under the
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`doctrine of equivalents, at least Claim 1 of the ʼ996 patent by making, using (including without
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`limitation testing), selling, importing, and/or offering to sell the Accused Instrumentalities. See
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`Claim Chart for the ʼ996 patent, attached hereto as Exhibit N. As demonstrated by the attached
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`11
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`Case 6:20-cv-00453-ADA Document 24 Filed 08/11/20 Page 12 of 14
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`claim chart, each and every element of Claim 1 of the ʼ996 patent is found in the Accused
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`Instrumentalities.
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`75.
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`Defendants have had actual knowledge of the ʼ996 patent at least as early as the
`
`date of service of this Complaint.
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`76.
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`Defendants’ acts of infringement have occurred within this District and elsewhere
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`throughout the United States.
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`COUNT VIII: INFRINGEMENT OF THE ʼ774 PATENT
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`77.
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`Jenam Tech repeats and re-alleges the allegations of the above paragraphs as if fully
`
`set forth herein.
`
`78.
`
`79.
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`The ʼ774 patent includes 83 claims. ʼ774 patent, Ex. O at 24:22-34:63.
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`Defendants directly infringe one or more claims of the ʼ774 patent without authority
`
`by making, using (including without limitation testing), selling, importing, and/or offering to sell
`
`products and systems, including by way of example, the Accused Instrumentalities. See Claim
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`Chart for the ʼ774 patent, attached hereto as Exhibit P.
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`80.
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`Defendants have been and are directly infringing, either literally or under the
`
`doctrine of equivalents, at least Claim 1 of the ʼ774 patent by making, using (including without
`
`limitation testing), selling, importing, and/or offering to sell the Accused Instrumentalities. See
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`Claim Chart for the ‘774 patent, attached hereto as Exhibit P. As demonstrated by the attached
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`claim chart, each and every element of Claim 1 of the ʼ774 patent is found in the Accused
`
`Instrumentalities.
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`81.
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`Defendants have had actual knowledge of the ʼ774 patent at least as early as the
`
`date of service of this Complaint.
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`12
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`Case 6:20-cv-00453-ADA Document 24 Filed 08/11/20 Page 13 of 14
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`82.
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`Defendants’ acts of infringement have occurred within this District and elsewhere
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`throughout the United States.
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`RELIEF REQUESTED
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`
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`WHEREFORE, Plaintiff respectfully requests that the Court:
`
`A.
`
`B.
`
`Declaring that Defendants have infringed the patents in suit;
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`Awarding damages in an amount to be proven at trial, but in no event less than a
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`reasonable royalty for Defendants’ infringement including pre-judgment and post-judgment
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`interest at the maximum rate permitted by law;
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`C.
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`Ordering an award of reasonable attorneys’ fees and enhanced damages as
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`appropriate against Defendant to Jenam Tech as provided by 35 U.S.C. § 285;
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`D.
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`Awarding expenses, costs, and disbursements in this action against Defendants,
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`including prejudgment interest; and
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`E.
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`All other relief necessary or appropriate.
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`JURY DEMAND
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`Pursuant to Federal Rule of Civil Procedure 38(b), Plaintiff hereby demands a trial by jury
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`on all issues so triable.
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`13
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`Case 6:20-cv-00453-ADA Document 24 Filed 08/11/20 Page 14 of 14
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`Dated: August 11, 2020
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`
`/s/ James M. Lennon
`James M. Lennon (Bar No. 4570)
`Timothy Devlin (pro hac vice to be filed)
`Derek Dahlgren (pro hac vice to be filed)
`Cory Edwards (pro hac vice to be filed)
`DEVLIN LAW FIRM LLC
`1526 Gilpin Avenue
`Wilmington, DE 19806
`Telephone: (302) 449-9010
`Facsimile: (302) 353-4251
`jlennon@devlinlawfirm.com
`tdevlin@devlinlawfirm.com
`ddahlgren@devlinlawfirm.com
`cedwards@devlinlawfirm.com
`
`Attorneys for Plaintiff,
`Jenam Tech, LLC
`
`14
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`