Case 6:21-cv-00511-ADA Document 30 Filed 09/18/19 Page 1 of 59
`
`IN THE UNITED STATES DISTRICT COURT
`WESTERN DISTRICT OF TEXAS
`AUSTIN DIVISION
`
`Case No. 1:19-cv-00885-ADA
`
`DEMAND FOR JURY TRIAL
`
`))))))))))))))))
`
`FRESHUB, INC., a Delaware Corporation, and
`FRESHUB, LTD., an Israeli Limited Liability
`Company,
`
`Plaintiffs,
`
`vs.
`
`AMAZON.COM, INC., a Delaware
`Corporation, AMAZON DIGITAL SERVICES,
`LLC, a Delaware Limited Liability Company,
`PRIME NOW, LLC, a Delaware Limited
`Liability Company, and WHOLE FOODS
`MARKET SERVICES, INC., a Delaware
`Corporation
`
`Defendants.
`
`AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`
`Plaintiffs Freshub, Inc. and Freshub, Ltd. (together “Plaintiffs” or “Freshub”) jointly
`
`file this Amended Complaint for Patent Infringement and Demand for Jury Trial against
`
`Amazon.com, Inc., Amazon Digital Services, LLC, AmazonFresh, LLC, Prime Now, LLC, and
`
`Whole Foods Market Services, Inc. (collectively “Amazon” or “Defendants”) and allege as
`
`follows:
`
`THE PARTIES
`
`1.
`
`Freshub, Inc. is a Delaware corporation with its principal place of business at 29
`
`South Third Street, Suite 1C, in Brooklyn, New York. Freshub, Inc. is a wholly owned
`
`subsidiary of Freshub, Ltd. Freshub, Ltd. is an Israeli limited liability company with its
`
`principal place of business in Giv’at Shmuel, Israel. Freshub, Ltd. is a subsidiary of Ikan
`
`Holdings, LLC (“Ikan”).
`
`1
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`Case 6:21-cv-00511-ADA Document 30 Filed 09/18/19 Page 2 of 59
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`2.
`
`Amazon.com, Inc. is a Delaware corporation which maintains its headquarters
`
`at 410 Terry Avenue North in Seattle, Washington. Amazon.com, Inc. may be served through
`
`its agent for service of process, Corporation Service Company, 251 Little Falls Drive in
`
`Wilmington, Delaware.
`
`3.
`
`Amazon Digital Services, LLC is a Delaware limited liability company
`
`registered to transact business in Texas with the Texas Secretary of State. Amazon Digital
`
`Services, LLC maintains its headquarters at 410 Terry Avenue North in Seattle, Washington.
`
`Amazon Digital Services, LLC may be served through its agent for service of process,
`
`Corporation Service Company, 251 Little Falls Drive in Wilmington, Delaware. On
`
`information and belief, Amazon Digital Services, LLC is a wholly owned subsidiary of
`
`Amazon.com, Inc.
`
`4.
`
`Prime Now, LLC is a Delaware limited liability company registered to transact
`
`business in Texas under the assumed name “AmazonFresh” with the Texas Secretary of State.
`
`Prime Now, LLC maintains its headquarters at 410 Terry Avenue North in Seattle,
`
`Washington. Prime Now, LLC may be served through its agent for service of process,
`
`Corporation Service Company, 251 Little Falls Drive in Wilmington, Delaware, 19808. On
`
`information and belief, Prime Now, LLC is a wholly owned subsidiary of Amazon.com, Inc.
`
`5.
`
`Whole Foods Market Services, Inc. is a Delaware corporation. Whole Foods
`
`Market Services, Inc. maintains a principal place of business at 550 Bowie Street in Austin,
`
`Texas. Whole Foods Market Services, Inc. may be served through its agent for service of
`
`process, CT Corporation System, 1999 Bryan Street, Suite 900 in Dallas, Texas, 75201. On
`
`information and belief, Whole Foods Market Services, Inc. is a wholly owned subsidiary of
`
`Whole Foods Market, Inc.
`
`2
`
`

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`Case 6:21-cv-00511-ADA Document 30 Filed 09/18/19 Page 3 of 59
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`JURISDICTION AND VENUE
`
`6.
`
`This action for patent infringement arises under the patent laws of the United
`
`States, 35 U.S.C. § 101 et seq. This court has original jurisdiction over this controversy
`
`pursuant to 28 U.S.C. §§ 1331 and 1338.
`
`7.
`
`Venue is proper in this Court pursuant to 28 U.S.C. §§ 1391(b), (c), and (d),
`
`and/or 1400(b).
`
`8.
`
`This Court has personal jurisdiction over Amazon because Amazon regularly
`
`and continuously does business in this District and has infringed or induced infringement, and
`
`continues to do so, in this District. On information and belief, Amazon specifically targets its
`
`products and/or services to residents of this District in and around Waco, Texas since at least as
`
`early as 2014. Exhibit 1. On information and belief, Amazon maintains a large office
`
`employing thousands of workers, including management-level and engineering employees, in
`
`this District. Exhibit 4. On information and belief, Amazon maintains around ten Fulfillment
`
`Centers in Texas, including a Fulfillment Center to service its customers in this District in or
`
`around West, Texas, to provide products and/or services to residents in this District and others.
`
`See Exhibits 2–3. Further, on information and belief, Amazon maintains other Fulfillment
`
`Centers in this District, including in San Marcos and Schertz, Texas. Exhibit 4. Upon
`
`information and belief, Amazon’s locations in this District are regular and established places of
`
`business. In addition, the Court has personal jurisdiction over Amazon because minimum
`
`contacts have been established with the forum and the exercise of jurisdiction would not offend
`
`traditional notions of fair play and substantial justice. For example, Amazon advertises active
`
`job listings in this District and makes, uses, offers for sale, and sells products or services that
`
`infringe the Patents-in-Suit in this District, as further described below.
`
`3
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`Case 6:21-cv-00511-ADA Document 30 Filed 09/18/19 Page 4 of 59
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`THE PATENTED INNOVATIONS
`
`9.
`
`Ikan developed the technology that enables users to use natural voice commands
`
`to build and maintain lists and purchase retail items as early as 2005, and filed patent
`
`applications on its inventions related to, inter alia, voice processing and voice interpretation
`
`technology. The four patents involved in this case resulted from these inventions.
`
`10.
`
`On information and belief, Amazon is and has been aware of the patented
`
`technologies at issue since at least as early as 2010. For example, Ikan developed a wireless
`
`scanner product using related patented technologies in the “smart home” and in-home
`
`commerce space which was featured in The New York Times in 2008 and Forbes as one of
`
`“The 10 Best Time-Saving Home Appliances” in 2010. Exhibits 5–6. Only five days later, an
`
`Amazon representative working on AmazonFresh requested a copy of the wireless scanner,
`
`citing a potential opportunity with Amazon and that he had seen the feature in Forbes.
`
`Amazon confirmed receipt of the product in November 2010 and stated it intended to try it. At
`
`the time, these scanners were shipped in boxes marked with four relevant patents and the
`
`further statement that the product within was also covered by “other patents pending.” As
`
`such, on information and belief, Amazon was aware that it had received and would be testing
`
`patented technology with additional patents pending in the “smart home” and in-home
`
`commerce technology space.
`
`11.
`
`On information and belief, Amazon is also aware of U.S. Patent No. 9,821,344
`
`(the “’344 Patent”), filed on December 12, 2005. The ‘344 Patent is an earlier patent in the
`
`priority chain shared by all the Asserted Patents, such that it and all the Asserted Patents are
`
`directly related. All the Asserted Patents claim priority back through the ‘344 Patent to
`
`Provisional Application Serial No. 60/635,122. The ‘344 Patent is a cited reference on the face
`
`4
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`

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`Case 6:21-cv-00511-ADA Document 30 Filed 09/18/19 Page 5 of 59
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`of Amazon’s U.S. Patent No. 9,165,320. Exhibit 7 (citing the publication number of the ‘344
`
`Patent, which is US 2006-0178947 A1). In fact, Amazon through its prosecution counsel cited
`
`the published application for the ‘344 Patent for the patent examiner’s consideration. Exhibit
`
`8. Thus, on information and belief, Amazon is and has been aware of at least the earliest
`
`issued patent in the priority chain of the Asserted Patents and its relevance to Amazon’s smart
`
`home and in-home commerce technology.
`
`12.
`
`Freshub is a leading technology provider and systems integrator in the smart
`
`kitchen commerce ecosystem. Freshub brings grocery retailers and appliance manufacturers
`
`together to make the smart kitchen a reality, offering consumers full access to online
`
`supermarkets via kitchen appliances such as connected microwaves, kitchen music players and
`
`smart bins. Consumers can add products to their digital shopping cart by simply waving the
`
`package in front of the appliance or using voice commands. Freshub’s groundbreaking Smart
`
`Kitchen Commerce solution, powered by technology enabling any grocery retailer to connect
`
`directly to the customer’s kitchen via IoT-driven smart appliances, enables consumers to easily
`
`add any grocery item to their carts or shopping lists, and to quickly order or replenish products
`
`at any time. The Freshub application allows them to do so in the comfort of their own homes,
`
`right from their kitchen, via natural voice commands or with a simple wave of the hand.
`
`Freshub additionally helps consumers maximize savings by providing them with purchase
`
`history-driven personalized offers and discounts, and enabling them to easily calculate their
`
`potential savings.
`
`13.
`
`Ikan merged with Freshub, Ltd. and granted all rights, title, and interest in the
`
`patents in this case to Freshub, Ltd. Freshub, Ltd. granted a license to the patents to Freshub,
`
`Inc. Freshub’s patented technologies include software and cloud-based solutions to problems
`
`5
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`

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`Case 6:21-cv-00511-ADA Document 30 Filed 09/18/19 Page 6 of 59
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`encountered by consumers, retailers, and electronic shopping platform providers alike. The
`
`ability to manage information and order items by voice removes barriers to entry for in-home
`
`shopping by increasing consumer convenience and flexibility. In turn, this greater convenience
`
`promotes adoption of the technology that facilitates in-home shopping and enables retailers and
`
`electronic shopping platform providers to capture economic activity that was previously
`
`unavailable to them. Freshub owns a number of domestic patents and continues to innovate in
`
`the Internet of Things (“IoT”) and voice processing space.
`
`14.
`
`Amazon is and has been aware of Freshub since at least as early as 2015. From
`
`2015 until as recently as about May 2019, Freshub and Amazon have had ongoing discussions
`
`about a potential partnership or collaboration. Amazon and Freshub representatives have even
`
`twice participated on a panel together about in-home commerce models and technology at the
`
`annual Smart Kitchen Summit (“SKS”), in 2015
`
`(https://www.smartkitchensummit.com/videos2015/2015/11/7/food-commerce-and-the-smart-
`
`kitchen) and 2018 (https://www.smartkitchensummit.com/schedule). Exhibits 9 and 10.
`
`FACTUAL BACKGROUND
`
`15.
`
`On March 6, 2018, the United States Patent and Trademark Office (“PTO”)
`
`issued U.S. Patent No. 9,908,153 (the “’153 Patent”) titled SYSTEMS AND METHODS FOR
`
`SCANNING INFORMATION FROM STORAGE AREA CONTENTS. The ‘153 Patent lists
`
`Fabio Zsigmond, Sion Elie Douer, Geraldo Yoshizawa, and Frederico Wagner as its inventors
`
`and states that it was assigned to Ikan Holdings LLC. Attached hereto as Exhibit 11 is a true
`
`and correct copy of the ‘153 Patent.
`
`16.
`
`Ikan was the sole owner of the ‘153 Patent at the time that it issued. Ikan
`
`merged with Freshub, Ltd. and assigned all rights to the ‘153 Patent to Freshub, Ltd. Freshub,
`
`6
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`

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`Case 6:21-cv-00511-ADA Document 30 Filed 09/18/19 Page 7 of 59
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`Ltd. conveyed rights to the ‘153 Patent to Freshub, Inc., including the rights to sue, assert,
`
`exclude, assign, and license the ‘153 Patent.
`
`17.
`
`The ‘153 Patent is generally directed toward a voice processing system to
`
`collect, manage, and display information about items described by a user.
`
`18.
`
`On February 26, 2019, the PTO issued U.S. Patent No. 10,213,810 (the “’810
`
`Patent”) titled SYSTEMS AND METHODS FOR SCANNING INFORMATION FROM
`
`STORAGE AREA CONTENTS. The ‘810 Patent lists Fabio Zsigmond, Sion Elie Douer,
`
`Geraldo Yoshizawa, and Frederico Wagner as its inventors and states that it was assigned to
`
`Ikan Holdings LLC. Attached hereto as Exhibit 12 is a true and correct copy of the ‘810
`
`Patent.
`
`19.
`
`Ikan was the sole owner of the ‘810 Patent at the time that it issued. Ikan
`
`merged with Freshub, Ltd. and assigned all rights to the ‘810 Patent to Freshub, Ltd. Freshub,
`
`Ltd. conveyed rights to the ‘810 Patent to Freshub, Inc., including the rights to sue, assert,
`
`exclude, assign, and license the ‘810 Patent.
`
`20.
`
`The ‘810 Patent is generally directed toward a voice processing system to
`
`collect, manage, and display items described by a user and provide a set of items to an item
`
`provider.
`
`21.
`
`On March 19, 2019, the PTO issued U.S. Patent No. 10,232,408 (the “’408
`
`Patent”) titled SYSTEMS AND METHODS FOR SCANNING INFORMATION FROM
`
`STORAGE AREA CONTENTS. The ‘408 Patent lists Fabio Zsigmond, Sion Elie Douer,
`
`Geraldo Yoshizawa, and Frederico Wagner as its inventors and states that it was assigned to
`
`Ikan Holdings LLC. Attached hereto as Exhibit 13 is a true and correct copy of the ‘408
`
`Patent.
`
`7
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`Case 6:21-cv-00511-ADA Document 30 Filed 09/18/19 Page 8 of 59
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`22.
`
`Ikan was the sole owner of the ‘408 Patent at the time that it issued. Ikan
`
`merged with Freshub, Ltd. and assigned all rights to the ‘408 Patent to Freshub, Ltd. Freshub,
`
`Ltd. conveyed rights to the ‘408 Patent to Freshub, Inc., including the rights to sue, assert,
`
`exclude, assign, and license the ‘408 Patent.
`
`23.
`
`The ‘408 Patent is generally directed toward a voice processing system to
`
`collect, manage, and display items described by a user and identified within a database.
`
`24.
`
`On March 26, 2019, the PTO issued U.S. Patent No. 10,239,094 (the “’094
`
`Patent”) titled SYSTEMS AND METHODS FOR SCANNING INFORMATION FROM
`
`STORAGE AREA CONTENTS. The ‘094 Patent lists Fabio Zsigmond, Sion Elie Douer,
`
`Geraldo Yoshizawa, and Frederico Wagner as its inventors and states that it was assigned to
`
`Ikan Holdings LLC. Attached hereto as Exhibit 14 is a true and correct copy of the ‘094
`
`Patent.
`
`25.
`
`Ikan was the sole owner of the ‘094 Patent at the time that it issued. Ikan
`
`merged with Freshub, Ltd. and assigned all rights to the ‘094 Patent to Freshub, Ltd. Freshub,
`
`Ltd. conveyed rights to the ‘094 Patent to Freshub, Inc., including the rights to sue, assert,
`
`exclude, assign, and license the ‘094 Patent.
`
`26.
`
`The ‘094 Patent is generally directed toward a voice processing system to
`
`collect, manage, and display items described by a user and provide a set of items to an item
`
`provider.
`
`27.
`
`The ‘153 Patent, ‘810 Patent, ‘408 Patent, and ‘094 Patent are collectively
`
`referred to herein as the “Asserted Patents.”
`
`8
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`

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`Case 6:21-cv-00511-ADA Document 30 Filed 09/18/19 Page 9 of 59
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`DEFENDANTS’ PRODUCTS AND SERVICES
`
`28.
`
`Amazon makes, uses, sells, offers for sale, and/or imports into the United States
`
`and this District products and services. Amazon’s sells products with Alexa integrated in four
`
`product categories which are as follows: Echo, Echo Dot, Echo Spot, Echo Show, Echo Input,
`
`and Echo Auto (collectively “Echo Products”); Fire TV Stick, Fire TV Stick 4k, Fire TV Cube,
`
`and the Alexa Voice Remote (collectively “Fire TV Products”); Fire 7, Fire HD 8, and Fire HD
`
`10 (collectively “Fire Tablet Products”); Amazon App and Alexa App (collectively “Amazon
`
`App Products”). The Echo Products, Fire TV Products, Fire Tablet Products, and Amazon
`
`App Products will be collectively referred to as the “Accused Products” and are described in
`
`further detail below.
`
`Amazon’s Products with Alexa
`
`29.
`
`Amazon Alexa is a virtual assistant developed by Amazon and used in products
`
`sold by Amazon. Alexa is available on Amazon’s Echo Products, Fire TV Products, Fire
`
`Tablet Products, and the Amazon Apps. The products with Alexa integrated will listen for and
`
`send speech to Alexa’s Voice Service in the cloud. The Alexa Voice Service turns the voice
`
`into commands such as adding items to a shopping cart or shopping list. As shown below,
`
`Amazon Alexa with the Alexa Voice Service is used by Amazon’s Echo Products, Fire TV
`
`Products, Fire Tablet Products, the Amazon App and the Alexa App.
`
`9
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`

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`Case 6:21-cv-00511-ADA Document 30 Filed 09/18/19 Page 10 of 59
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`Exhibit 15 - https://amazon.jobs/en/business_categories/alexa.
`
`Shopping with Alexa
`
`30.
`
`Alexa includes Alexa’s Voice Purchasing system which allows customers to use
`
`Alexa enabled devices to purchase products from Amazon. A voice command is issued to
`
`Alexa such as “add [product] to my shopping cart,” and the product is then added to the
`
`customer’s Amazon shopping cart. Additionally if a voice command is issued to Alexa such
`
`as “add [product] to my list”, the product is then added to the customer’s Alex Shopping List.
`
`Alexa is used for adding items to an Amazon Cart, Whole Foods Cart, Fresh Cart, Prime Now
`
`Cart, and Alexa Shopping List. As shown below, Shopping with Alexa on Amazon is
`
`achieved through Voice Purchasing.
`
`10
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`

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`Case 6:21-cv-00511-ADA Document 30 Filed 09/18/19 Page 11 of 59
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`Exhibit 16 - https://www.amazon.com/gp/help/customer/display.html?nodeId=202083830
`
`31.
`
`As further shown below, Alexa Voice Purchasing is used to add groceries to
`
`one’s Whole Foods Cart, Fresh Cart, and Prime Now Cart.
`
`Exhibit 17 -
`https://www.amazon.com/b/ref=s9_acss_bw_cg_VANS_7a1_w?node=17919794011&pf_rd_
`m=ATVPDKIKX0DER&pf_rd_s=merchandised-search-
`6&pf_rd_r=ZB042FZTNT88HEJDMRW5&pf_rd_t=101&pf_rd_p=70f1dbbb-fb5b-485a-bbfd-
`af68d0e2a7f3&pf_rd_i=14552177011.
`
`32.
`
`As shown below, Alexa is used to add items to the Alexa Shopping List.
`
`11
`
`

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`Case 6:21-cv-00511-ADA Document 30 Filed 09/18/19 Page 12 of 59
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`Exhibit 17 -
`https://www.amazon.com/b/ref=s9_acss_bw_cg_VANS_7a1_w?node=17919794011&pf_rd_
`m=ATVPDKIKX0DER&pf_rd_s=merchandised-search-
`6&pf_rd_r=ZB042FZTNT88HEJDMRW5&pf_rd_t=101&pf_rd_p=70f1dbbb-fb5b-485a-bbfd-
`af68d0e2a7f3&pf_rd_i=14552177011.
`
`33.
`
`As shown below, the Amazon App uses Alexa for adding items to a user’s
`
`shopping cart.
`
`Exhibit 17 -
`https://www.amazon.com/b/ref=s9_acss_bw_cg_VANS_7a1_w?node=17919794011&pf_rd_
`m=ATVPDKIKX0DER&pf_rd_s=merchandised-search-
`6&pf_rd_r=ZB042FZTNT88HEJDMRW5&pf_rd_t=101&pf_rd_p=70f1dbbb-fb5b-485a-bbfd-
`af68d0e2a7f3&pf_rd_i=14552177011.
`
`Amazon’s Echo Products
`
`34.
`
`Amazon develops and sells the Echo Products. The Echo Products are a brand
`
`of hands-free smart speakers which use the voice-controlled Alexa service. Echo devices
`
`require a wireless internet connection to connect to the cloud component of Alexa and include
`
`microphones to capture voice commands. The Echo was the first product to include an Alexa
`
`integration. As shown in the two images below, the Echo Products utilize Alexa and Alexa
`
`Voice Service for Voice Shopping on Amazon, which includes adding items to a cart and/or a
`
`shopping list.
`
`12
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`

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`Case 6:21-cv-00511-ADA Document 30 Filed 09/18/19 Page 13 of 59
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`Exhibit 19 - https://www.amazon.com/dp/B06XCM9LJ4?ref=ODS_v2_FS_AUCC_rr .
`
`Exhibit 20 - https://www.amazon.com/dp/B06XCM9LJ4?ref=ODS_v2_FS_AUCC_rr&th=1.
`
`Amazon’s Fire TV Products
`
`35.
`
`Amazon develops and sells the Fire TV Products. The Fire TV Products are
`
`digital media players developed by Amazon. The Fire TV Stick and Fire TV Stick 4k also
`
`include a micro console remote to input voice commands, also called an Alexa Voice Remote.
`
`The Fire TV Products integrate the Alexa software into its platform. As shown below, Fire
`
`13
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`

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`Case 6:21-cv-00511-ADA Document 30 Filed 09/18/19 Page 14 of 59
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`TV Products utilize Alexa and Alexa Voice Service for Voice Shopping on Amazon, which
`
`includes adding items to a cart and/or a shopping list.
`
`Exhibit 21 - https://www.amazon.com/dp/B0791T9CV7?ref=ODS_v2_FS_SMP_TVCube.
`
`Amazon’s Fire Table Products
`
`36.
`
`Amazon develops and sells Fire Tablet Products. The Fire Tablet Products are
`
`tablet computer devices developed by Amazon. The Fire Tablet Products utilize Amazon Fire
`
`OS which includes the integrated Alexa software. As shown below, Fire Tablet Products
`
`utilize Alexa and Alexa Voice Service for Voice Shopping on Amazon, which includes adding
`
`items to a cart and/or a shopping list.
`
`14
`
`

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`Case 6:21-cv-00511-ADA Document 30 Filed 09/18/19 Page 15 of 59
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`Exhibits 23–24 - https://www.amazon.com/dp/B0794RHPZD?ref=ODS_v2_FS_TAB_FHD8.
`
`Amazon App Products
`
`37.
`
`Amazon develops and provides the Amazon App and Alexa App (collectively
`
`“Amazon App Products”), which utilize Alexa for Voice Shopping. The Alexa App is
`
`available on Fire OS, Android, iOS, and Windows 10 operating systems, and thus is available
`
`as both a mobile and desktop application. As shown in the two pictures below, the Amazon
`
`App Products utilize Alexa and Alexa Voice Service for Voice Shopping on Amazon, which
`
`includes adding items to a cart and/or a shopping list.
`
`15
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`

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`Case 6:21-cv-00511-ADA Document 30 Filed 09/18/19 Page 16 of 59
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`Exhibit 18 -
`https://www.amazon.com/b/ref=s9_acss_bw_cg_VANS_6a1_w?node=17691568011&pf_rd_
`m=ATVPDKIKX0DER&pf_rd_s=merchandised-search-6&p%E2%80%A6.
`
`16
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`

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`Case 6:21-cv-00511-ADA Document 30 Filed 09/18/19 Page 17 of 59
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`Exhibit 25 - https://www.amazon.com/gp/help/customer/display.html?nodeId=202202210.
`
`Alexa Voice Service
`
`38.
`
`Alexa Voice Service (“AVS”) is Amazon’s suite of services built around its
`
`voice-controlled artificial intelligence (“AI”) assistant Alexa. AVS is tightly integrated with
`
`Amazon’s e-commerce environment in order to make purchases fast and simple. AVS is used
`
`to power Alexa in the Echo Products, Fire TV Products, Fire Tablet Products, Amazon App
`
`Products, and may also be utilized by other third-party hardware makers. The hardware
`
`required to utilize AVS includes a microphone array for audio pickup, a processor to run the
`
`AVS Client, internet connectivity to send audio to the cloud, and a speaker to play back audio
`
`for the customer. The AVS Client program will take the audio picked up by the microphone
`
`and send it to AVS in the cloud over the internet for processing. This includes processing
`
`requests to add items to a shopping cart or Alexa Shopping List. As shown in the two images
`
`and video below, AVS powers Amazon’s Alexa enabled devices.
`
`https://www.youtube.com/watch?time_continue=700&v=t58fUp15YB4.
`
`17
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`Case 6:21-cv-00511-ADA Document 30 Filed 09/18/19 Page 18 of 59
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`Exhibit 26 - https://developer.amazon.com/blogs/post/Tx1IWOJG191LB8X/Announcing-the-
`Alexa-Voice-Service-AVS.
`
`DEFENDANTS’ INFRINGEMENT OF THE PATENTS
`
`39.
`
`Defendants have been and are now infringing, and will continue to infringe, the
`
`Asserted Patents in this District and elsewhere in the United States by, among other things,
`
`making, using, importing, selling, and/or offering for sale its Echo Products, Fire TV Products,
`
`Fire Tablet Products, and Amazon App Products.
`
`40.
`
`In addition to directly infringing the Asserted Patents pursuant to 35 U.S.C. §
`
`271(a), either literally or under the doctrine of equivalents, or both, Defendants also indirectly
`
`infringe the ‘810 Patent, ‘408 Patent, and ‘094 Patent pursuant to 35 U.S.C. § 271(b) by
`
`instructing, directing, and/or requiring others, including their customers, purchasers, users, and
`
`developers, to perform all or some of the steps of the method claims, either literally or under
`
`the doctrine of equivalents, or both, of the ‘810 Patent, ‘408 Patent, and ‘094 Patent.
`
`COUNT I
`(Direct Infringement of the ‘153 Patent)
`
`41.
`
`Freshub repeats, realleges, and incorporates by reference, as if fully set forth
`
`herein, the allegations of the preceding paragraphs, as set forth above.
`
`42.
`
`Defendants have infringed and continue to infringe Claims 1-11 of the ‘153
`
`Patent in violation of 35 U.S.C. § 271(a).
`
`18
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`Case 6:21-cv-00511-ADA Document 30 Filed 09/18/19 Page 19 of 59
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`43.
`
`Defendants’ infringement is based upon literal infringement or infringement
`
`under the doctrine of equivalents, or both.
`
`44.
`
`Defendants’ acts of making, using, importing, selling, and/or offering for sale
`
`infringing products and services have been without the permission, consent, authorization, or
`
`license of Freshub.
`
`45.
`
`Defendants’ infringement includes, but is not limited to, the manufacture, use,
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`sale, importation and/or offer for sale of Defendants’ products and services, including the Echo
`
`Products, Fire TV Products, Fire Tablet Products, and Amazon App Products (collectively, the
`
`“’153 Accused Products”).
`
`46.
`
`The ‘153 Accused Products infringe the ‘153 Patent because they have a voice
`
`processing system comprising: a first system configured to receive user spoken words
`
`comprising: a microphone, a wireless network interface, a digitizer coupled to the microphone,
`
`wherein the digitizer is configured to convert spoken words into a digital representation; a first
`
`computer; non-transitory memory that stores instructions that when executed by the first
`
`computer cause the first system to perform operations comprising: receive via the digitizer a
`
`verbal order, comprising at least one item, from a user, wherein the verbal order was captured
`
`by the microphone and digitized by the digitizer; immediately transmit, using the wireless
`
`network interface, the digitized order to a computer system remote from the first system; the
`
`computer system, the computer system comprising: a networks interface; a second computer;
`
`non-transitory memory that stores instructions that when executed by the second computer
`
`cause the computer system to perform operations comprising: receive, using the network
`
`interface, the digitized order from the first system; translate at least a portion of the digitized
`
`order to text; identify an item corresponding to the text; add the identified item to a list
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`19
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`Case 6:21-cv-00511-ADA Document 30 Filed 09/18/19 Page 20 of 59
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`associated with the user; enable the list, including the identified item, to be displayed via a user
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`display.
`
`47.
`
`Using an Echo Device as an example, as shown below, the ‘153 Accused
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`Products include a microphone (shown by the microphone array) and wireless network
`
`interface (shown by the Wi-Fi antenna).
`
`Exhibit 20 - https://www.amazon.com/dp/B06XCM9LJ4?ref=ODS_v2_FS_AUCC_rr&th=1.
`
`48.
`
`Using a Fire Tablet as an example, as shown below, the ‘153 Accused Products
`
`include a microphone and wireless network interface (shown by the Wi-Fi antenna).
`
`20
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`

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`Case 6:21-cv-00511-ADA Document 30 Filed 09/18/19 Page 21 of 59
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`Exhibit 27 - https://www.amazon.com/All-New-Fire-Tablet-Display-
`Black/dp/B0794RHPZD/ref=sr_1_1?keywords=fire+tablets&qid=1559846204&s=gateway&sr
`=8-1.
`
`49.
`
`Using a Fire TV Cube as an example, as shown below, the ‘153 Accused
`
`Products include a microphone and wireless network interface (shown by the Wi-Fi antenna).
`
`Exhibit 22 - https://www.amazon.com/dp/B0791T9CV7?ref=ODS_v2_FS_SMP_TVCube.
`
`50.
`
`Further, as shown below, AVS requires the use of a microphone and an internet
`
`connection. The ‘153 Accused Products all utilize AVS.
`
`Exhibit 28 - https://developer.amazon.com/alexa-voice-service/learn.
`
`51.
`
`The ‘153 Accused Products, as shown below, also include a digitizer coupled to
`
`the microphone which digitized the captured words into pulse code modulation (“PCM”)
`
`format and utilizes a recognition event to send the captured spoken words to AVS.
`
`21
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`Case 6:21-cv-00511-ADA Document 30 Filed 09/18/19 Page 22 of 59
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`Exhibit 29 - https://developer.amazon.com/docs/alexa-voice-service/speechrecognizer.html.
`
`52.
`
`The ‘153 Accused Products, as shown below and in the video, utilize the AVS
`
`Client software to process a verbal request from a user, such as a request to add an item to an
`
`Alexa Shopping List, and sends that request via WiFi to Alexa’s remote cloud component.
`
`22
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`

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`Case 6:21-cv-00511-ADA Document 30 Filed 09/18/19 Page 23 of 59
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`https://www.youtube.com/watch?v=omPvBOJGw_U&list=PL2KJmkHeYQTMFumv03WLeG
`Ux3l_Ub5NwJ&index=4&t=493s
`
`53.
`
`The ‘153 Accused Products, as shown in the below image and in the video
`
`cited, utilize Alexa Voice Service computers/servers in the cloud (a second computer) to
`
`receive a user’s spoken words and will convert those words into an action associated with the
`
`user.
`
`23
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`Case 6:21-cv-00511-ADA Document 30 Filed 09/18/19 Page 24 of 59
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`https://www.youtube.com/watch?time_continue=700&v=t58fUp15YB4
`
`54.
`
`The ‘153 Accused Products, as shown below, utilize Alexa’s Automatic Speech
`
`Recognition technology in the cloud, which converts the user’s speech into text and then takes
`
`action (such as adding an item to a shopping list).
`
`Exhibit 30 - https://developer.amazon.com/fr/docs/alexa-voice-service/audio-hardware-
`configurations.html.
`
`55.
`
`The ‘153 Accused Products, as shown below, utilize Alexa to take spoken
`
`words and translate those words to add items to an Alexa Shopping List associated with the
`
`user’s Amazon account. The Amazon Shopping List(s) is viewable to the user via the Amazon
`
`App Products, Echo Device with a display, or the Amazon website.
`
`24
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`Case 6:21-cv-00511-ADA Document 30 Filed 09/18/19 Page 25 of 59
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`Exhibit 17 -
`https://www.amazon.com/b/ref=s9_acss_bw_cg_VANS_7a1_w?node=17919794011&pf_rd_
`m=ATVPDKIKX0DER&pf_rd_s=merchandised-search-
`6&pf_rd_r=ZB042FZTNT88HEJDMRW5&pf_rd_t=101&pf_rd_p=70f1dbbb-fb5b-485a-bbfd-
`af68d0e2a7f3&pf_rd_i=14552177011.
`
`56.
`
`Defendants’ infringement of the ‘153 Patent has injured and continues to injure
`
`Freshub in an amount to be proven at trial, but not less than a reasonable royalty.
`
`57.
`
`On information and belief, Defendants are aware of Freshub’s patent portfolio,
`
`including the ‘153 Patent. Amazon knew of and cited the published application for the ‘344
`
`Patent to a patent examiner for one of Amazon’s own patents. All of the Asserted Patents
`
`claim priority through the ‘344 Patent and are thus directly related, such that Amazon was
`
`aware of the patent family containing the Asserted Patents. In 2010, Amazon requested and
`
`received a copy of a wireless scanner product. The product packaging was marked with four
`
`patents and the statement “and other patents pending,” such that on information and belief,
`
`Amazon was aware of relevant patents and other pending applications in the smart home and
`
`in-home commerce technology space. Further, Amazon is and has been aware of Freshub for
`
`years, and the two companies have discussed collaborating. Freshub and Amazon have also
`
`25
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`Case 6:21-cv-00511-ADA Document 30 Filed 09/18/19 Page 26 of 59
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`twice participated together in public discussions regarding smart home and in-home commerce
`
`technology and the valuable opportunity that it represents. As a result, on information and
`
`belief, Amazon has known of and possessed information regarding the Asserted Patents.
`
`58.
`
`Despite knowledge of Freshub’s patents, Defendants have sold, used, offered
`
`for sale, and continue to sell, use, and offer for sale, the ‘154 Accused Products, disregarding
`
`Freshub’s patent rights. Defendants have therefore acted recklessly, and continue to willfully,
`
`wantonly, and deliberately engage in acts of infringement of the ‘153 Patent, justifying an
`
`award to Freshub of increased damages under 35 U.S.C. § 284 and attorneys’ fees and costs
`
`incurred under 35 U.S.C. § 285.
`
`59.
`
`Defendants’ infringement has caused and is continuing to cause damage and
`
`irreparable injury to Freshub, and Freshub will continue to suffer damage and irreparable
`
`injury unless and until that infringement is enjoined by this Court.
`
`60.
`
`Freshub is entitled to injunctive relief, damages and any other relief in
`
`accordance with 35 U.S.C. §§ 283, 284 and 285.
`
`COUNT II
` (Direct Infringement of the ‘810 Patent)
`
`61.
`
`Freshub repeats, realleges, and incorporates by reference, as if fully set forth
`
`herein, the allegations of the preceding paragraphs, as set forth above.
`
`62.
`
`Defendants have infringed and continue to infringe Claims 1-29 of the ‘810
`
`Patent in violation of 35 U.S.C. § 271(a).
`
`63.
`
`Defendants’ infringement is based upon literal infringement or infringement
`
`under the doctrine of equivalents, or both.
`
`26
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`Case 6:21-cv-00511-ADA Document 30 Filed 09/18/19 Page 27 of 59
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`64.
`
`Defendants’ acts of making, using, importing, selling, and/or offering for sale
`
`infringing products and services have been without the permission, consent, authorization, or
`
`license of Freshub.
`
`65.
`
`Defendants’ infringement includes, but is not limited to, the manufacture, use,
`
`sale, importation and/or offer for sale of Defendants’ products and services, including the Echo
`
`Products, Fire TV Products, Fire Tablet Products, and Amazon App Products (collectively, the
`
`“’810 Accused Products”).
`
`66.
`
`The ‘810 Accused Products in