Case 6:21-cv-00642-ADA Document 30 Filed 01/04/22 Page 1 of 39
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
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`FLYPSI, INC. (D/B/A FLYP),
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`Plaintiff,
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`Civil Action No. 6:21-cv-642-ADA
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`vs.
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`DIALPAD, INC.,
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`Defendant.
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`JURY TRIAL DEMANDED
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`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
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`Plaintiff Flypsi, Inc. files this First Amended Complaint for Patent Infringement against
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`Dialpad, Inc. and alleges as follows:
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`THE PARTIES
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`1.
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`Plaintiff Flypsi, Inc. (“Flyp”) is a Delaware corporation with its principal place of
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`business at 2040 Bedford Road, Suite 100, Bedford, Texas 76021.
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`2.
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`Defendant Dialpad, Inc. (“Dialpad”) is a Delaware corporation that maintains an
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`established place of business at 101 West 6th Street, Austin, Texas 78701. Upon information and
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`belief, Dialpad may be served with process through its agent Incorporating Services, Ltd., 3500
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`South Dupont Highway, Dover, Delaware 19901.
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`JURISDICTION AND VENUE
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`3.
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`This is an action arising under the patent laws of the United States, 35 U.S.C. § 271.
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`This Court has subject matter jurisdiction under 28 U.S.C. §§ 1331 and 1338(a).
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`4.
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`Venue is proper in this judicial district under 28 U.S.C. § 1400(b) because
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`Defendant has committed acts of infringement and has a regular and established place of business
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`in this district. Dialpad maintains an office in Austin, Texas, to “house some of [Dialpad’s] most
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`critical business functions due to its central location,” including “the center of [Dialpad’s] Sales
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`and Support organizations” and Dialpad’s “operations hub.” (Dialpad Establishes New Hub in
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`Austin, TX, Dialpad, available at https://www.dialpad.com/press/dialpad-establishes-hub-austin-
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`texas/.) Dialpad has engaged in acts of infringement in this district, on information and belief, at
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`least by using, selling, and/or offering for sale Dialpad’s app-based telephone feature known as
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`Dialpad Talk. (See id. (describing the Austin, Texas office as “the center of [Dialpad’s] Sales and
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`Support organizations”).)
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`5.
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`This Court has personal jurisdiction over Dialpad. Dialpad has continuous and
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`systematic business contacts with the State of Texas. Dialpad maintains an office in Austin, Texas,
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`to “house some of [Dialpad’s] most critical business functions due to its central location,”
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`including “the center of [Dialpad’s] Sales and Support organizations” and Dialpad’s “operations
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`hub.” (Id.) In addition, Dialpad conducts its business extensively throughout Texas and derives
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`substantial revenue in Texas, by shipping, distributing, offering for sale, selling, and advertising
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`(including the provision of an interactive webpage) its products and/or services in the State of
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`Texas and the Western District of Texas. Dialpad has purposefully and voluntarily placed in the
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`stream of commerce one or more products and/or services that practice the Asserted Patents (as set
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`forth in ¶¶ 11-15 below) with the intention and expectation that they will be purchased and used
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`by consumers in the Western District of Texas.
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`Case 6:21-cv-00642-ADA Document 30 Filed 01/04/22 Page 3 of 39
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`BACKGROUND AND OVERVIEW OF INVENTION
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`6.
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` Long before the COVID-19 pandemic, the explosion of Internet-connected mobile
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`devices changed the way many, even most, in the United States communicate with their family,
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`their friends, and their work colleagues. Throughout the 2010s and continuing into the 2020s,
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`personal and professional communications coalesced around the smartphone. While some chose
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`to segregate their personal and professional communications with multiple devices, that solution
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`was both financially and physically cumbersome. Rather, a technological need arose to segregate
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`such communications within a single device and to manage multiple numbers in a clean,
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`centralized environment. And within this field, there was a particular need for a device that would
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`maintain caller identification (“caller ID”) and properly identify a call as originating from the
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`secondary phone number of the caller with multiple numbers, rather than a conference-line number
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`or a randomly generated number.
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`7.
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`Flyp invented a technological solution that fulfills this technological need in a
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`particular, inventive way. Flyp owns a patent portfolio directed to innovations that claims a
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`particular way of setting up and connecting telephone calls, and delivering information related to
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`such telephone calls using an Internet Protocol (IP) or other data channel, while delivering the
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`voice portion of the call in accordance with telecom voice channel delivery standards. As opposed
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`to the standard mobile phone that is connected to a single phone number, Flyp’s patented systems
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`and methods enable a particular way for mobile-phone users to create and own multiple phone
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`numbers on a single mobile device while maintaining the integrity of caller-identification
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`functions. Thus, from a single mobile phone utilizing Flyp’s app (and patented methods), users
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`can add new phone numbers and control various streams of outbound and inbound calls to those
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`numbers. Users can select the area code of their choice for local calling in the United States and
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`create alternative and dedicated numbers for business, social activities, shopping, dating, and any
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`other aspect of life.
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`8.
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`This invention is unlike, and constituted a technological advance over, other
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`methods for using alternative phone numbers. Many of those methods utilized call-forwarding or
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`call-conferencing solutions—rather than connecting the call at the switch. In these solutions, caller
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`ID was not maintained, and the recipient caller ID would appear to the one receiving the call as a
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`conference-line number or randomly generated number—rather than properly identifying the call
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`as originating from the secondary phone number of the caller with multiple numbers. The need
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`for alternative numbers that identified calls as originating from the secondary phone number was
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`a long-felt need and unique technological problem that the invention provides a particular way of
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`solving, thereby improving the functionality of the phones beyond the mere advantages of
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`implementing phone technology using computers. This is also a feature that cannot be
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`implemented manually.
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`9.
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`This need to segregate communications within a single device and to manage
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`multiple numbers in a centralized environment was reinforced during the sudden and rapid shift to
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`a “work from anywhere” ethos brought on by the COVID-19 pandemic. The pandemic reinforced
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`the essential role that the Internet and our Internet-connected mobile devices occupy in day-to-day
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`work and life. That is particularly true regarding cloud-based telephone service. Indeed, amid the
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`COVID-19 crisis, the global market for cloud telephony service, estimated at $13.5 billion in the
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`year 2020, is projected to reach a revised size of $40 billion by 2027, growing at a compound
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`annual growth rate of 16.8% over the period 2020–2027. (See $13.5 Billion Worldwide Cloud
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`Telephony Service Industry to 2027 - Impact of COVID-19 on the Market, Research & Markets,
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`available at https://www.globenewswire.com/en/news-release/2020/10/14/2108292/28124/en/13-
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`5-Billion-Worldwide-Cloud-Telephony-Service-Industry-to-2027-Impact-of-COVID-19-on-the-
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`Market.html.)
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`10.
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`But for rampant infringement of its patented technology, Flyp would be well
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`positioned to play a role in this growing market. Simply put, Flyp has developed a unique and
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`inventive technology that enables a particular way for users to gain access to an additional,
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`alternative phone number on their mobile devices—as opposed to the single carrier-assigned
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`number on a mobile device. Second numbers, or even third, fourth, or fifth numbers, allow users
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`to manage different work streams on a single device in a manner that was not well understood,
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`conventional, or routine within the prior art, as evidenced by the limited number of references cited
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`during examination of the Asserted Patents by the United States Patent and Trademark Office.
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`THE ASSERTED PATENTS
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`11.
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`U.S. Patent No. 9,667,770, entitled “Telephone Network System and Method,” was
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`duly and legally issued to inventors Ivan Zhidov, Peter Rinfret, and Sunir Kochhar on May 30,
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`2017. Flyp owns by assignment the entire right, title, and interest in the ʼ770 Patent and is entitled
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`to sue for past and future infringement.
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`12.
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`U.S. Patent No. 10,051,105, entitled “Telephone Network System and Method,”
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`was duly and legally issued to inventors Ivan Zhidov, Peter Rinfret, and Sunir Kochhar on
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`August 14, 2018. Flyp owns by assignment the entire right, title, and interest in the ʼ105 Patent
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`and is entitled to sue for past and future infringement.
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`13.
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`U.S. Patent No. 10,334,094, entitled “Telephone Network System and Method,”
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`was duly and legally issued to inventors Ivan Zhidov, Peter Rinfret, and Sunir Kochhar on June 25,
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`2019. Flyp owns by assignment the entire right, title, and interest in the ʼ094 Patent and is entitled
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`to sue for past and future infringement.
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`14.
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`U.S. Patent No. 11,012,554, entitled “Telephone Network System and Metho[d],”
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`was duly and legally issued to inventors Ivan Zhidov, Peter Rinfret, and Sunir Kochhar on May 18,
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`2021. Flyp owns by assignment the entire right, title, and interest in the ʼ554 Patent and is entitled
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`to sue for past and future infringement.
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`15.
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`U.S. Patent No. 11,218,585, entitled “Telephone Network System and Method,”
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`was duly and legally issued to inventors Ivan Zhidov, Peter Rinfret, and Sunir Kochhar on
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`January 4, 2022. Flyp owns by assignment the entire right, title, and interest in the ʼ585 Patent
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`and is entitled to sue for past and future infringement.
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`Count I: Claim for Patent Infringement of the ʼ770 Patent
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`16.
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`Flyp repeats and realleges the allegations in paragraphs 1-15 as if fully set forth
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`herein.
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`17.
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`Dialpad has infringed, contributed to the infringement of, and/or induced
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`infringement of the ʼ770 Patent by making, using, selling, offering for sale, or importing into the
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`United States, or by intending that others make, use, import into, offer for sale, or sell in the United
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`States, products and/or methods covered by one or more claims of the ʼ770 Patent, including, but
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`not limited to, Dialpad’s app-based telephone feature known as Dialpad Talk.
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`18.
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`Dialpad Talk infringes at least claims 1-6 of the ʼ770 Patent. Dialpad makes, uses,
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`sells, offers for sale, imports, exports, supplies, or distributes within the United States Dialpad Talk
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`and thus directly infringes the ʼ770 Patent.
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`19.
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`Upon information and belief, Dialpad indirectly infringes the ʼ770 Patent by
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`(1) inducing infringement by others, such as resellers, partners, and end-user customers in this
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`district and throughout the United States, with knowledge or willful blindness that the induced acts
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`would constitute infringement and (2) contributing to infringement by others, such as resellers,
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`partners, and end-user customers. Upon information and belief, direct infringement is (1) the result
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`of activities performed by resellers, partners, and end-user customers of Dialpad Talk, who perform
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`each step of the claimed invention as directed by Dialpad, or (2) the result of activities performed
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`by resellers, partners, and end-user customers of Dialpad Talk in a normal and customary way that
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`infringes the ʼ770 Patent, that has no substantial non-infringing uses, and that is known by Dialpad.
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`20.
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`On information and belief, Dialpad had knowledge of Flyp, its patent applications,
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`and/or its issued patents at least as early as March 7, 2016. On that date, Rich Miner, general
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`partner at GV (formerly Google Ventures) and cofounder of Android, joined Dialpad’s board of
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`directors. (See Rich Miner, Co-Founder of Android and GV General Partner, Joins Dialpad Board
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`of Directors, Dialpad, available at https://www.dialpad.com/press/rich-miner-joins-dialpad-
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`board/.) Prior to joining Dialpad’s board of directors, Mr. Miner met with Flyp (at Mr. Miner’s
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`request) to discuss Flyp’s technology and patent filings on November 12, 2015. In addition,
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`Dialpad received actual notice of the ʼ770 Patent at least as early as the filing of the Original
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`Complaint.
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`21.
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`By engaging in the conduct described herein, Dialpad has injured Flyp and is thus
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`liable for infringement of the ʼ770 Patent, pursuant to 35 U.S.C. § 271. Dialpad has committed
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`these acts of infringement without license or authorization.
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`22.
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`As a result of Dialpad’s infringement of the ʼ770 Patent, Flyp has suffered monetary
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`damages and is entitled to a monetary judgment in an amount adequate to compensate for Dialpad’s
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`past infringement, together with interests and costs. In addition, Dialpad’s infringement is causing
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`irreparable harm and monetary damage to Flyp and will continue to do so unless and until Dialpad
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`is enjoined by the Court.
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`23.
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`Dialpad’s infringement of the ʼ770 Patent has been and continues to be deliberate
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`and willful, and, therefore, this is an exceptional case warranting an award of enhanced damages
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`for up to three times the actual damages awarded and attorney’s fees to Flyp pursuant to 35 U.S.C.
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`§§ 284-285.
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`24.
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`Dialpad Talk provides a method of providing telephone service comprising:
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`associating a secondary telephone number with a primary telephone number in at least one
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`computer memory device, the primary telephone number being assigned to a handset, including as
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`demonstrated in the exemplary text below:
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`25.
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`Dialpad Talk provides a method of providing telephone service comprising:
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`acquiring first digital information from the handset over at least one data channel, the first digital
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`information indicating primary call processing rules for handling calls directed to the primary
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`telephone number, and storing the primary call processing rules in the at least one computer
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`memory device, and acquiring second digital information from the handset over the at least one
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`data channel, the second digital information indicating secondary call processing rules for handling
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`calls directed to the secondary telephone number, and storing the secondary call processing rules
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`in the at least one computer memory device, including as demonstrated in the exemplary text
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`below:
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`26.
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`Dialpad Talk provides a method of providing telephone service comprising:
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`receiving an incoming call over at least one voice channel at a switch, the switch being associated
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`with a bridge telephone number such that calls directed to the bridge telephone number are
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`automatically routed to the switch, the incoming call being directed to a handset associated
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`telephone number, the handset-associated telephone number being the primary telephone number
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`or the secondary telephone number, including as demonstrated in the exemplary text above and
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`below:
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`Case 6:21-cv-00642-ADA Document 30 Filed 01/04/22 Page 11 of 39
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`27.
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`Dialpad Talk provides a method of providing telephone service comprising: based
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`on the primary call processing rules or the secondary call processing rules provides transmitting
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`pre-call information to the handset over the at least one data channel the pre-call information
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`including the bridge telephone number and the handset associated telephone number, such that the
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`handset is capable of displaying the handset-associated telephone number to a user and, based on
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`user input, accepting the incoming call by connecting with the switch over the at least one voice
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`channel using the bridge telephone number, including as demonstrated in the exemplary text
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`below:
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`Case 6:21-cv-00642-ADA Document 30 Filed 01/04/22 Page 12 of 39
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`Count II: Claim for Patent Infringement of the ʼ105 Patent
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`28.
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`Flyp repeats and realleges the allegations in paragraphs 1-27 as if fully set forth
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`
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`herein.
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`29.
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`Dialpad has infringed, contributed to the infringement of, and/or induced
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`infringement of the ʼ105 Patent by making, using, selling, offering for sale, or importing into the
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`United States, or by intending that others make, use, import into, offer for sale, or sell in the United
`
`States, products and/or methods covered by one or more claims of the ʼ105 Patent, including, but
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`not limited to, Dialpad’s app-based telephone feature known as Dialpad Talk.
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`30.
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`Dialpad Talk infringes at least claims 1-11 of the ʼ105 Patent. Dialpad makes, uses,
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`sells, offers for sale, imports, exports, supplies, or distributes within the United States Dialpad Talk
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`and thus directly infringes the ʼ105 Patent.
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`31.
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`Upon information and belief, Dialpad indirectly infringes the ʼ105 Patent by
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`(1) inducing infringement by others, such as resellers, partners, and end-user customers in this
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`Case 6:21-cv-00642-ADA Document 30 Filed 01/04/22 Page 13 of 39
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`district and throughout the United States, with knowledge or willful blindness that the induced acts
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`would constitute infringement and (2) contributing to infringement by others, such as resellers,
`
`partners, and end-user customers. Upon information and belief, direct infringement is (1) the result
`
`of activities performed by resellers, partners, and end-user customers of Dialpad Talk, who perform
`
`each step of the claimed invention as directed by Dialpad, or (2) the result of activities performed
`
`by resellers, partners, and end-user customers of Dialpad Talk in a normal and customary way that
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`infringes the ʼ105 Patent, that has no substantial non-infringing uses, and that is known by Dialpad.
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`32.
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`On information and belief, Dialpad had knowledge of Flyp, its patent applications,
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`and/or its issued patents at least as early as March 7, 2016. On that date, Rich Miner, general
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`partner at GV (formerly Google Ventures) and cofounder of Android, joined Dialpad’s board of
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`directors. (See Rich Miner, Co-Founder of Android and GV General Partner, Joins Dialpad Board
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`of Directors, Dialpad, available at https://www.dialpad.com/press/rich-miner-joins-dialpad-
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`board/.) Prior to joining Dialpad’s board of directors Mr. Miner met with Flyp (at Mr. Miner’s
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`request) to discuss Flyp’s technology and patent filings on November 12, 2015. In addition,
`
`Dialpad received actual notice of the ʼ105 Patent at least as early as the filing of the Original
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`Complaint.
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`33.
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`By engaging in the conduct described herein, Dialpad has injured Flyp and is thus
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`liable for infringement of the ʼ105 Patent, pursuant to 35 U.S.C. § 271. Dialpad has committed
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`these acts of infringement without license or authorization.
`
`34.
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`As a result of Dialpad’s infringement of the ʼ105 Patent, Flyp has suffered monetary
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`damages and is entitled to a monetary judgment in an amount adequate to compensate for Dialpad’s
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`past infringement, together with interests and costs. In addition, Dialpad’s infringement is causing
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`irreparable harm and monetary damage to Flyp and will continue to do so unless and until Dialpad
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`is enjoined by the Court.
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`35.
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`Dialpad’s infringement of the ’105 Patent has been and continues to be deliberate
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`and willful, and, therefore, this is an exceptional case warranting an award of enhanced damages
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`for up to three times the actual damages awarded and attorney’s fees to Flyp pursuant to 35 U.S.C.
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`§§ 284-285.
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`36.
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`Dialpad Talk provides a method of providing telephone service comprising:
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`automatically storing electronic information that indicates an association of a secondary telephone
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`number and a primary telephone number with a telephone handset in a computer memory
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`associated with a server, including as demonstrated in the exemplary text below:
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`37.
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`Dialpad Talk provides a method of providing telephone service comprising:
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`automatically storing electronic information that indicates a selection of call processing rules for
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`the primary telephone number in the computer memory and automatically storing electronic
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`information that indicates a selection of call processing rules for the secondary telephone number
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`in the computer memory, including as demonstrated in the exemplary text below:
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`38.
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`Dialpad Talk provides a method of providing telephone service comprising:
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`receiving an electronic indication of an incoming call to the secondary telephone number at the
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`server, said electronic indication of an incoming call being received from a switch associated with
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`the server, automatically accessing the call processing rules for the secondary telephone number
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`under the control of the server responsive to the receipt of the electronic indication of the incoming
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`call to the secondary telephone number, and automatically handing the incoming call in accordance
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`with the accessed call processing rules for the secondary telephone number, including as
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`demonstrated in the exemplary text below:
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`Case 6:21-cv-00642-ADA Document 30 Filed 01/04/22 Page 17 of 39
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`39.
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`Dialpad Talk provides a method of providing telephone service comprising:
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`transmitting pre-call information via a data channel to the handset under the control of the server,
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`said pre-call information including a bridge telephone number for connecting the handset to the
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`incoming call at the switch, receiving, at the server via the data channel, an electronic indication
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`of a selection of a call processing rule for handling the incoming call to the secondary telephone
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`number, or establishing a voice channel connection between the handset and the switch as a result
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`of the handset calling the switch using the bridge telephone number, including as demonstrated in
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`the exemplary text below:
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`Count III: Claim for Patent Infringement of the ʼ094 Patent
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`40.
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`Flyp repeats and realleges the allegations in paragraphs 1-39 as if fully set forth
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`
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`herein.
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`41.
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`Dialpad has infringed, contributed to the infringement of, and/or induced
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`infringement of the ʼ094 Patent by making, using, selling, offering for sale, or importing into the
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`Case 6:21-cv-00642-ADA Document 30 Filed 01/04/22 Page 18 of 39
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`United States, or by intending that others make, use, import into, offer for sale, or sell in the United
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`States, products and/or methods covered by one or more claims of the ʼ094 Patent, including, but
`
`not limited to, Dialpad’s app-based telephone feature known as Dialpad Talk.
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`42.
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`Dialpad Talk infringes at least claims 1-4 of the ʼ094 Patent. Dialpad makes, uses,
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`sells, offers for sale, imports, exports, supplies, or distributes within the United States Dialpad Talk
`
`and thus directly infringes the ʼ094 Patent.
`
`43.
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`Upon information and belief, Dialpad indirectly infringes the ʼ094 Patent by
`
`(1) inducing infringement by others, such as resellers, partners, and end-user customers in this
`
`district and throughout the United States, with knowledge or willful blindness that the induced acts
`
`would constitute infringement and (2) contributing to infringement by others, such as resellers,
`
`partners, and end-user customers. Upon information and belief, direct infringement is (1) the result
`
`of activities performed by resellers, partners, and end-user customers of Dialpad Talk, who perform
`
`each step of the claimed invention as directed by Dialpad, or (2) the result of activities performed
`
`by resellers, partners, and end-user customers of Dialpad Talk in a normal and customary way that
`
`infringes the ʼ094 Patent, that has no substantial non-infringing uses, and that is known by Dialpad.
`
`44.
`
`On information and belief, Dialpad had knowledge of Flyp, its patent applications,
`
`and/or its issued patents at least as early as March 7, 2016. On that date, Rich Miner, general
`
`partner at GV (formerly Google Ventures) and cofounder of Android, joined Dialpad’s board of
`
`directors. (See Rich Miner, Co-Founder of Android and GV General Partner, Joins Dialpad Board
`
`of Directors, Dialpad, available at https://www.dialpad.com/press/rich-miner-joins-dialpad-
`
`board/.) Prior to joining Dialpad’s board of directors, Mr. Miner met with Flyp (at Mr. Miner’s
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`request) to discuss Flyp’s technology and patent filings on November 12, 2015. In addition,
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`18
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`Case 6:21-cv-00642-ADA Document 30 Filed 01/04/22 Page 19 of 39
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`Dialpad received actual notice of the ʼ094 Patent at least as early as the filing of the Original
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`Complaint.
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`45.
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`By engaging in the conduct described herein, Dialpad has injured Flyp and is thus
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`liable for infringement of the ʼ094 Patent, pursuant to 35 U.S.C. § 271. Dialpad has committed
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`these acts of infringement without license or authorization.
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`46.
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`As a result of Dialpad’s infringement of the ‘094 Patent, Flyp has suffered monetary
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`damages and is entitled to a monetary judgment in an amount adequate to compensate for Dialpad’s
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`past infringement, together with interests and costs. In addition, Dialpad’s infringement is causing
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`irreparable harm and monetary damage to Flyp and will continue to do so unless and until Dialpad
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`is enjoined by the Court.
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`47.
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`Dialpad’s infringement of the ʼ094 Patent has been and continues to be deliberate
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`and willful, and, therefore, this is an exceptional case warranting an award of enhanced damages
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`for up to three times the actual damages awarded and attorney’s fees to Flyp pursuant to 35 U.S.C.
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`§§ 284-285.
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`48.
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`Dialpad Talk provides a method of providing telephone service comprising:
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`automatically storing electronic information that indicates an association of a secondary telephone
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`number and a primary telephone number with a telephone handset in a computer memory
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`associated with a server, including as demonstrated in the exemplary text below:
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`19
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`Case 6:21-cv-00642-ADA Document 30 Filed 01/04/22 Page 20 of 39
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`49.
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`Dialpad Talk provides a method of providing telephone service comprising:
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`automatically associating a bridge or access telephone number with each of a plurality of contact
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`telephone numbers in the computer memory, including as demonstrated in the exemplary text
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`below:
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`20
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`Case 6:21-cv-00642-ADA Document 30 Filed 01/04/22 Page 21 of 39
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`50.
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`Dialpad Talk provides a method of providing telephone service comprising:
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`automatically transmitting information that indicates the association of the bridge or access
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`telephone number with each of a plurality of contact telephone numbers to the handset via a data
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`channel, including as demonstrated in the exemplary text below:
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`21
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`Case 6:21-cv-00642-ADA Document 30 Filed 01/04/22 Page 22 of 39
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`51.
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`Dialpad Talk provides a method of providing telephone service comprising:
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`automatically associating each primary telephone number and bridge or access telephone number
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`pairing with a corresponding secondary telephone number and contact telephone number pairing
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`in the computer memory, including as demonstrated in the exemplary text below:
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`
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`52.
`
`Dialpad Talk provides a method of providing telephone service comprising:
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`receiving, at a switch associated with the server, an outgoing call from the handset to the bridge or
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`access telephone number via a second channel, including as demonstrated in the exemplary text
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`below:
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`22
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`Case 6:21-cv-00642-ADA Document 30 Filed 01/04/22 Page 23 of 39
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`53.
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`Dialpad Talk provides a method of providing telephone service comprising:
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`receiving, at the server, information from the switch indicating the outgoing call is being made to
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`the bridge or access telephone number from the primary telephone number, including as
`
`demonstrated in the exemplary text above.
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`54.
`
`Dialpad Talk provides a method of providing telephone service comprising:
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`receiving, at the switch, information from the server directing the switch to: (a) connect the
`
`outgoing call to a contact telephone number associated with the primary telephone number and
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`bridge or access telephone number pairing, and (b) identify a telephone number from which the
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`outgoing call is being made as the secondary telephone number, including as demonstrated in the
`
`exemplary text above and below:
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`23
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`Case 6:21-cv-00642-ADA Document 30 Filed 01/04/22 Page 24 of 39
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`Count IV: Claim for Patent Infringement of the ʼ554 Patent
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`55.
`
`Flyp repeats and realleges the allegations in paragraphs 1-54 as if fully set forth
`
`herein.
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`56.
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`Dialpad has infringed, contributed to the infringement of, and/or induced
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`infringement of the ʼ554 Patent by making, using, selling, offering for sale, or importing into the
`
`United States, or by intending that others make, use, import into, offer for sale, or sell in the United
`
`States, products and/or methods covered by one or more claims of the ʼ554 Patent, including, but
`
`not limited to, Dialpad’s app-based telephone feature known as Dialpad Talk.
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`
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`24
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`Case 6:21-cv-00642-ADA Document 30 Filed 01/04/22 Page 25 of 39
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`57.
`
`Dialpad Talk infringes at least claims 1-4 of the ʼ554 Patent. Dialpad makes, uses,
`
`sells, offers for sale, imports, exports, supplies, or distributes within the United States Dialpad Talk
`
`and thus directly infringes the ʼ554 Patent.
`
`58.
`
`Upon information and belief, Dialpad indirectly infringes the ʼ554 Patent by
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`(1) inducing infringement by others, such as resellers, partners, and end-user customers in this
`
`district and throughout the United States, with knowledge or willful blindness that the induced acts
`
`would constitute infringement and (2) contributing to infringement by others, such as resellers,
`
`partners, and end-user customers. Upon information and belief, direct infringement is (1) the result
`
`of activities performed by resellers, partners, and end-user customers of Dialpad Talk, who perform
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`each step of the claimed invention as directed by Dialpad, or (2) the result of activities performed
`
`by resellers, partners, and end-user customers of Dialpad Talk in a normal and customary way that
`
`infringes the ʼ554 Patent, that has no substantial non-infringing uses, and that is known by Dialpad.
`
`59.
`
`On information and belief, Dialpad had knowledge of Flyp, its patent applications,
`
`and/or its issued patents at least as early as March 7, 2016. On that date, Rich Miner, general
`
`partner at GV (formerly Google Ventures) and cofounder of Android, joined Dialpad’s board of
`
`directors. (See Rich Miner, Co-Founder of Android and GV General Partner, Joins Dialpad Board
`
`of Directors, Dialpad, available at https://www.dialpad.com/press/rich-miner-joins-dialpad-
`
`board/.) Prior to joining Dialpad’s board of directors, Mr. Miner met with Flyp (at Mr. Miner’s
`
`request) to discuss Flyp’s technology and patent filings on November 12, 2015. In addition,
`
`Dialpad received actual notice of the ʼ554 Patent at least as early as the filing of the Original
`
`Complaint.
`
`
`
`
`
`25
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`Case 6:21-cv-00642-ADA Document 30 Filed 01/04/22 Page 26 of 39
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`60.
`
`By engaging in the conduct described herein, Dialpad has injured Flyp and is thus
`
`liable for infringement of the ʼ554 Patent, pursuant to 35 U.S.C. § 271. Dialpad has committed
`
`these acts of infringement without license or authorization.
`
`61.
`
`As a result of Dialpad’s infringement of the ʼ554 Patent, Flyp has suffered monetary
`
`damages and is entitled to a monetary judgment in an amount ad