Case 6:21-cv-00667 Document 1 Filed 06/25/21 Page 1 of 19
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
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`
`VOIP-PAL.COM, INC.
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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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`
`
`
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`CIVIL ACTION NO. 6:21-cv-667
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`
`JURY TRIAL DEMANDED
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`
`
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`ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT
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`
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`Plaintiff VoIP-Pal.com, Inc. (“VoIP-Pal”), for its Complaint against Defendant Google,
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`LLC (“Google”) alleges as follows:
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`THE PARTIES
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`1.
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`Plaintiff VoIP-Pal is a Nevada corporation with its principal place of business
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`located at 7215 Bosque Boulevard, Waco, Texas 76710. VoIP-Pal is registered to do business in
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`the State of Texas.
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`2.
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`On information and belief, Defendant Google is a Delaware corporation with a
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`physical address at 500 West 2nd Street, Austin, Texas 78701. Google may be served with process
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`through its registered agent, the Corporation Service Company, at 211 East 7th Street, Suite 620,
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`Austin, Texas 78701. Google is registered to do business in the State of Texas and has been since
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`at least November 17, 2006.
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`3.
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`On information and belief, Google regularly conducts and transacts business in the
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`State of Texas, throughout the United States, and within this District, and as set forth below, has
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`committed and continue to commit, tortious acts of infringement within and outside the State of
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`Texas and within this District.
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`JURISDICTION AND VENUE
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`4.
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`This action is a civil action for patent infringement arising under the patent laws of
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`the United States, Title 35, United States Code (“U.S.C.”) §1 et seq., including 35 U.S.C. §§ 271
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`and 281-285. This Court has exclusive subject matter jurisdiction over this case for patent
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`infringement under 28 U.S.C. §§ 1331 and 1338.
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`5.
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`This Court has personal jurisdiction over Google by virtue of its systematic and
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`continuous contacts with this jurisdiction, as alleged herein, as well as because the injury to VoIP-
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`Pal occurred in the State of Texas and the claim for relief possessed by VoIP-Pal against Google
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`for that injury arose in the State of Texas. On information and belief, Google has purposely availed
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`itself of the privileges of conducting business within the State of Texas, such business including
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`but not limited to: (i) at least a portion of the infringements alleged herein; (ii) purposefully and
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`voluntarily placing one or more infringing products or services into the stream of commerce with
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`the expectation that they will be purchased by consumers in this forum; or (iii) regularly transacting
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`or soliciting business, engaging in other persistent courses of conduct, or deriving or attempting to
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`derive substantial revenue and financial benefits from goods and services provided to individuals
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`residing in the State of Texas and in this District. Thus, Google is subject to this Court’s specific
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`and general personal jurisdiction under due process and the Texas Long Arm Statute.
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`6.
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`Personal jurisdiction also exists specifically over Google because Google, directly
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`or through subsidiaries or intermediaries (including customers, distributors, retailers, and others),
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`subsidiaries, alter egos, and/or agents – ships, distributes, offers for sale, sells, imports, advertises,
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`or markets in the State of Texas and in this District, one or more products or services that infringe
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`the Patents-in-Suit, as described particularly below. Google has purposefully and voluntarily
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`placed one or more of its infringing products or services, as described below, into the stream of
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`commerce with the awareness and/or intent that these products or services will be purchased or
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`used by consumers in this District. Google has knowingly and purposefully shipped infringing
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`products or services into and within this District through an established distribution channel.
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`These infringing products or services have been and continue to be purchased and used by
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`consumers in this District. In addition, on information and belief, Google has found indirect ways
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`to monetize consumers’ use of its products and services, for example, by promoting consumers’
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`adherence to Google’s technological ecosystems and promoting sales of related Google products
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`and services and by selling opportunities to advertise to consumers of its products and services.
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`7.
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`VoIP-Pal’s claim for relief for patent infringement arises directly from the
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`activities of Google in this District.
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`8.
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`On information and belief, Google, directly and/or through its customers has
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`transacted business in this District and has committed acts of patent infringement in this District.
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`By virtue of its office in this District, Google has a regular and established place of business in
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`this District. Thus, venue is proper in this District under 28 U.S.C. §§ 1391 and 1400(b).
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`BACKGROUND OF THE TECHNOLOGY AND THE PATENTS-IN-SUIT
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`9.
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`United States Patent No. 8,630,234 (the “’234 patent”) entitled “Mobile Gateway”
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`was duly and legally issued by the United States Patent and Trademark Office on January 14, 2014
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`after full and fair examination. A copy of the ’234 patent is attached hereto as Exhibit 1.
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`10.
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`United States Patent No. 10,880,721 (the “’721 patent”) entitled “Mobile Gateway”
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`was duly and legally issued by the United States Patent and Trademark Office on December 29,
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`2020 after full and fair examination. A copy of the ’721 patent is attached hereto as Exhibit 2.
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`11.
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`The ’234 and ’721 patents are referred to in this Complaint as the “Patents-in-Suit”.
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`12.
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`VoIP-Pal is the sole owner and assignee of the entire right title and interest in the
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`Patents-in-Suit and has the right to sue and recover damages for any current or past infringement
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`of the Patents-in-Suit.
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`13.
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`The inventions of the Patents-in-Suit originated from breakthrough work and
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`development in the internet protocol communications field.
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`14.
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`VoIP-Pal has provided significant improvements to communications technology by
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`the invention of novel methods, processes and apparatuses that facilitate communications across
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`and between internet protocol based communication systems and other networks, such as internally
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`controlled systems and external networks (e.g., across private networks and between private
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`networks and public networks), including providing access to and routing through internet protocol
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`based communication systems.
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`15.
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`The earliest telephone systems to receive public use within the United States
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`involved a telephone directly connected to a human operator. A portion of the phone rested on a
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`mechanical hook such that the operator was signaled when the portion was lifted from the hook.
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`A caller would then say the name of the person they wished to call to the operator. If the callee
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`was connected to the same telephone switch board the operator would physically pull out a cable
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`associated with the caller’s phone and plug the cable into a socket associated with the callee’s
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`telephone. If the callee was associated with a different switchboard, and thus out of reach of the
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`operator, a second operator would be involved to bridge the gap to the appropriate switchboard.
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`While initially very effective compared to no telephone service, this structure quickly proved error
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`prone (operators would connect the wrong party) and limiting to the number of possible telephones
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`because of the physical limits of switchboards and cable to be pulled. This basic system
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`corresponds to the introduction of a Plain Old Telephone Service (“POTS”) connection to the
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`operator. In these configurations, there was a dedicated, point-to-point electrical connection
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`between the caller and the callee.
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`16.
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`Rotary dialing eventually was introduced, beginning at around the turn of the 20th
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`century, where a rotary disk was marked with numbers from zero to nine. A caller would spin the
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`wheel and a mechanical device in the telephone would cause a sequence of electrical pulses to be
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`sent to the network corresponding to the digit dialed, for example, four pulses would be sent for
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`the number four. Rather than speaking to a human operator, an electric device would count the
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`pulses and begin to route a call once an appropriate and valid sequence of digits was dialed by the
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`caller. This advancement improved reliability of call routing and reduced the time required to
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`initiate a call. But, even so, there was a dedicated, point-to-point electrical connection between the
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`caller and the callee. As multiple companies entered the market of telephone service and the
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`number of customers increased, an issue emerged where a caller would be a customer of one
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`telephone company and the callee would be a customer of another. The solution that emerged to
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`this problem was to introduce trunk lines connecting one company to another.
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`17.
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`Eventually, as the number of companies continued to increase and telephone
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`services spread over much larger geographic areas, the notion of a Public Switched Telephone
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`Network (“PSTN”) emerged. The term derives from the notion, at least in part, that the dedicated
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`wires used to connect the caller and callee were “circuit-switched” to connect the two parties. The
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`PSTN developed gradually into the middle of the 20th century, still built around the notion of
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`rotary dialing and POTS connections to the individual telephones. These calls involved analog
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`communications over circuit-switched electrical connections. A circuit-switched network involves
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`assigning dedicated resources, such as switch settings and specific wires, to establish a link from
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`the caller to the callee. While the call is ongoing, these resources cannot be used for any other
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`communications.
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`18.
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`The next important advancement for consumer telephone service, introduced
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`broadly during the second half of the 20th century, was the introduction of push-button telephones.
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`With such telephones the rotary dial was replaced by a matrix of buttons, each labeled with a digit
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`from zero through nine along with the additions of ‘*’ and ‘#’. The underlying signaling
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`technology was called dual-tone multiple-frequency (“DTMF”) and involves two different audible
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`tones being sent simultaneously from the telephone into the telephone network. A receiver within
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`the network decoded these tones and formed them into a sequence of digits indicating the number
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`of the callee.
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`19.
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`Around this same time a scheme for international telephone addressing was
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`introduced, with a numeric protocol for identifying one country from another and providing
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`country-specific routing within the destination country. The E.164 standard now documents how
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`a caller anywhere in the world, for example, in Ann Arbor, Michigan, can identify a telephone
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`number at any other location, such as Avignon, France. While many of these advances, such as
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`DTMF dialing and automated international routing, may have been originally introduced via ad
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`hoc methods, eventually they required multiple parties (companies and governments) to agree on
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`protocols to enable wide-spread reliable use and inter-operability among different telephone
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`communications networks. Even with all these advances, the systems still relied on circuit-
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`switched technology that dedicated resources between the caller and the callee for the duration of
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`a call. The move to take human operators out of the loop, with the introduction of rotary dialing,
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`combined with the fast increase in demand for telephone services throughout the 20th century,
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`resulted in the development of automated telephone switches. These devices comprised a set of
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`input ports, each dedicated to, and associated with a specific caller, and output ports, each capable
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`of being associated with a callee. A small local telephone system may have had a single switch
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`while a larger service would use a large number of switches that were connected to each other. A
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`switch from a local service provider would be connected to a trunk line which then connected to
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`an input switch of another service provider. These switches originally supported analog voice calls
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`initiated via rotary dialing and dedicating input and output ports as well as physical wires for each
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`circuit-switched call.
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`20.
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`Eventually analog voice services were replaced within the network with digital
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`voice. Digital voice is communicated using a sequence of chunks (or packets) of data. This
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`advancement allowed physical resources to be shared among multiple calls over short bursts of
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`time. For example, a physical wire can move a packet for one call at a specific instance in time
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`and then move a packet for a totally different call subsequently, only to later return to transfer a
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`new packet for the original call. This advance is called packet-switched communications and
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`provided an important increase in network reliability and efficiency while driving down the cost.
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`However, in most situations throughout the 20th century (and often still today), the connection to
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`the end user’s physical telephone is analog. While network switches operate via digital circuitry,
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`and often comprise programmable processors executing software, they tend to be dedicated
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`special-purpose devices. The conversion between analog and digital encoding is typically done at
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`the point where the PSTN network switch connects to the POTS handset, for example, at a device
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`called a Class-5 telephone switch, which connects the customer POTS handset to the PSTN
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`network of a service provider’s central office.
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`21.
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`The Internet became important to consumers, via broad deployment, during the late
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`1980’s and early 1990’s. Eventually available bandwidth and reliability increased to the point
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`where pioneers began to experiment with techniques to carry voice communications over the
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`Internet. These early efforts began to focus on techniques called Voice Over Internet Protocol
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`(VOIP) and session initiation protocol (SIP). VOIP provided a consistent set of protocols and
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`mechanisms for moving digital voice packets between two callers using the Internet rather than
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`existing PSTN networks. SIP provided a mechanism for establishing and terminating
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`communication sessions such as calls between users of a VOIP service. For example, a callee could
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`register with a VOIP service so that an identifier (such as their name, email address or a nickname)
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`could be associated with the computer to which they are logged in. Eventually VOIP services
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`increased to provide interoperability with the existing PSTN services. For example, the company
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`Skype began to allow a user to call a PSTN number using a feature marketed as “Skype out”.
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`However, the user was required to explicitly classify the call as a PSTN call by specifying a real
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`physical telephone number. In this case the VOIP system had to include a gateway to bridge from
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`the VOIP network to the PSTN network in order to route to the physical telephone. Calls that used
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`a proprietary non-PSTN user identifier such as an email or nickname remained within the VOIP
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`network and were not routed to the PSTN network to a POTS telephone.
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`22.
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`The advent of digital cellular networks in the 1990’s allowed customers to
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`physically move their mobile phones from one location to another and enabled convenient mobile
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`calling. However, despite the increasing popularity of the Internet and the development of Internet-
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`based VOIP services such as Skype, mobile phone users were forced to use conventional calling
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`processes to place calls over the then-existing mobile phone and PSTN communication
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`infrastructure. Also, mobile phone users often had to pay roaming charges for calls if they were
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`not located in their home area or incurred significant costs to place long-distance calls if the called
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`party was not local. One technique developed for avoiding the long distance charges charged by
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`mobile telephone service providers was to use a calling card to place a call to a local telephone
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`number or to a less-expensive phone number (such as a toll-free number), but this technique was
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`cumbersome and complex as it required the user to dial a special set of numbers or codes.
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`However, the Patents-in-Suit disclose and claim a distinct manner of mobile call routing.
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`23.
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`Digifonica, a wholly owned subsidiary of patent owner VoIP-Pal, starting in 2004
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`eventually came to employ over a dozen top professionals (e.g., software developers, system
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`administrators, QA/test analysts) including three Ph.D.’s with engineering backgrounds, to
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`develop innovative software solutions for communications. Digifonica spent over $15,000,000
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`researching, developing, and testing a communication solution capable of seamlessly integrating
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`a private voice-over-IP (“VoIP”) communication network with an external network (i.e., the
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`“public switched telephone network” or “PSTN”), by bridging the disparate protocols, destination
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`identifiers and addressing schemes used in the two networks. Furthermore, Digifonica’s system
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`optimized the choice of communication infrastructure to be used for any given call based on the
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`location of the caller and/or callee. Digifonica’s system chose the optimal infrastructure to route
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`both calls placed over cellular and PSTN networks or placed via internet protocol networks. By
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`the mid-2000’s, Digifonica had successfully tested intra- and inter-network communications (i.e.,
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`communications within the private Digifonica system and between the Digifonica system and the
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`PSTN) by implementing high-capacity communication nodes across three geographic regions,
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`including actual working communication nodes in Vancouver (Canada) and London (UK).
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`Digifonica’s R&D efforts led to a number of patent grants, including the Patents-in-Suit.
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`24.
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`The Patents-in-Suit describe novel systems, apparatuses and methods for providing
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`an access code to roaming mobile communication devices such as smartphones, to enable access
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`to suitable communication routing infrastructure, wherein the selection of the communication
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`channel for a call can be optimized based on the calling device’s current location.
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`OVERVIEW OF THE ACCUSED INSTRUMENTALITIES
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`25.
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`Each of the instrumentalities described in this Complaint made, used, sold, licensed
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`and/or offered for sale by Google comprises systems, devices and computer-executable program
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`code relating to and supporting communications using devices, computers, servers, systems and
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`methods used by, operated by and performed by Google.
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`26.
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`Google supports and operates a messaging and communication platform (the
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`“Google Fi Calling System”) including an Internet Protocol (IP) Multimedia Subsystem (IMS).
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`Before, 3G services were delivered using a circuit switched network. IMS is a system for
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`delivering communication services over an IP network, such as a private network or the Internet.
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`IMS performs routing, authentication, authorization, and accounting over the IP network. Several
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`protocols are available for performing individual tasks, which are performed on the server level
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`(or the base station level in telephony terms) provided by the network operator, in this case T-
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`Mobile or Sprint. One such task is VoWiFi calling (also known as Voice over WiFi or VoWiFi),
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`which is compliant with 3GPP standards and enabled by the IMS. Google Fi uses VoWiFi to ‘fill
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`the gaps’ in Voice over LTE (VoLTE).
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`27.
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`VoWiFi is an extension of the 3rd Generation Partnership Project’s (3GPP) evolved
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`packet core (EPC) architecture. The Google Fi Calling System implements VoWiFi, which allows
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`any WiFi network to access the EPC provided by the Google Fi Calling System via an evolved
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`packet data gateway (ePDG) at the border between the public Internet and a mobile core of the
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`Google Fi Calling System. The ePDG creates a secure IPsec tunnel from the EPC all the way to
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`the device and anchors traffic in the packet gateway (PGW) to the mobile core, which means a
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`WiFi connection can be treated in the same way as a cellular connection by the mobile core.
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`28.
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`The Google Fi Calling System enables roaming by mobile devices such as
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`smartphones. The Google Fi Calling System produces an access code identifying a communication
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`channel useable by the mobile telephone or device to initiate a call to a callee using the channel.
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`In the Google Fi Calling System, the access code is based on a location identifier and/or based on
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`a location pre-associated with the mobile telephone or device.
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`29.
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`The Google Fi Calling System is referred to in this Complaint as the Accused
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`Instrumentalities.
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`COUNT 1
`INFRINGEMENT OF U. S. PATENT NO. 8,630,234
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`Paragraphs 1 through 29 are incorporated by reference as if fully stated in this
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`30.
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`Count.
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`31.
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`Google, either alone or in conjunction with others, has infringed and continues to
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`infringe, both directly and indirectly, one or more claims of the ’234 patent, including at least
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`exemplary claim 20, under 35 U.S.C. § 271, either literally and/or under the doctrine of
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`equivalents, by making, using, offering to sell, selling, and/or importing into the United States at
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`least certain methods, apparatuses, products and services used for communication, including,
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`without limitation, the Accused Instrumentalities.
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`32.
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`For example, Google infringes exemplary claim 20 of the ’234 patent by making,
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`using, offering to sell, selling, and/or importing into the United States at least the Accused
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`Instrumentalities as detailed in Exhibit 3 to this Complaint.
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`33.
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`On information and belief, Google has had knowledge of the ’234 patent since at
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`least January 14, 2014 when the ’234 patent issued. After acquiring that knowledge, Google
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`infringed the ’234 patent and in doing so, it knew, or should have known, that its conduct amounted
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`to infringement of the ’234 patent. Since the issuance of the ’234 patent, the parties have engaged
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`in numerous communications regarding VoIP-Pal’s patent portfolio, including the ’234 patent.
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`VoIP-Pal explained the value of its patent portfolio to Google and offered to license its patents in
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`good faith. Google reviewed VoIP-Pal’s patent portfolio and advised VoIP-Pal that it was not
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`interested in taking a license. Google, however, failed to provide VoIP-Pal any basis as to why it
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`does not need license despite being subjectively aware of the risk that its conduct constituted
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`infringement.
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`34.
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`Alternatively, Google has had knowledge of the ’234 patent since at least December
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`18, 2015 based on a letter that VoIP-Pal sent Google notifying Google of the ’234 patent. After
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`acquiring that knowledge, Google infringed the ’234 patent and in doing so, it knew, or should
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`have known, that its conduct amounted to infringement of the ’234 patent. Since that time, Google
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`and VoIP-Pal have engaged in numerous communications regarding VoIP-Pal’s patent portfolio,
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`including the ’234 patent. The parties have been engaged in litigation regarding VoIP-Pal’s patents
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`since April 3, 2020. Through these actions, Google has acquired intimate knowledge of VoIP-
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`Pal’s patent portfolio and its infringement of that portfolio.
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`35.
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`Alternatively, Google has had knowledge of the ’234 patent and its infringement of
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`the ’234 patent based at least on the filing of this Complaint.
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`36.
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`Despite its knowledge and notice of the ’234 patent as of at least the filing of this
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`Complaint, Google has continued to make, use, sell, offer to sell, and/or import the Accused
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`Instrumentalities in the United States in a manner that infringes the ’234 patent. Google knew or
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`should have known that its actions constituted infringement of the ’234 patent. Upon information
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`and belief, Google has failed to take adequate steps to avoid infringing the ʼ234 patent, despite
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`having been on notice of and lacking permission to practice the ʼ234 patent. Upon information
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`and belief, Google will continue to reap significant revenues and savings based on its infringement
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`of the ’234 patent. Accordingly, Google’s infringement has been and continues to be willful.
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`37.
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`Google has induced infringement, and continues to induce infringement, of one or
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`more claims of the ’234 patent under 35 U.S.C. § 271(b). Google actively, knowingly, and
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`intentionally induced, and continues to actively, knowingly and intentionally induce infringement
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`of the ’234 patent by: making, using, selling, offering for sale, importing and otherwise making
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`available and/or supplying the Accused Instrumentalities; with the knowledge and specific intent
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`that third parties will use the Accused Instrumentalities supplied by Google to infringe the ’234
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`patent; and with the knowledge and specific intent to encourage and facilitate third party
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`infringement through the dissemination of the Accused Instrumentalities and/or the creation and
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`dissemination of promotional and marketing materials, supporting materials, instructions, product
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`manuals, and/or technical information related to the Accused Instrumentalities.
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`38.
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`Google specifically intended and was aware that the ordinary and customary use of
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`the Accused Instrumentalities would infringe the ’234 patent. For example, Google makes, sells,
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`offers to sell, uses, imports, makes available and/or provides the Accused Instrumentalities, which,
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`when used in their ordinary and customary manner as intended by Google, infringe one or more
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`claims of the ’234 patent, including at least exemplary claim 20. Upon information and belief,
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`Google further provides product manuals and other technical information that cause Google
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`customers and other third parties to use and to operate the Accused Instrumentalities for their
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`ordinary and customary use. Google customers and other third parties have directly infringed the
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`’234 patent, including at least exemplary claim 20, through the normal and customary use of the
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`Accused Instrumentalities. By providing network infrastructure, network services, and device
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`configurations for enabling the Accused Instrumentalities, and instruction and training to
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`customers and other third parties on how to use the Accused Instrumentalities in an infringing
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`manner, Google specifically intended to induce infringement of the ’234 patent, including at least
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`exemplary claim 20. Google accordingly has induced and continues to induce Google customers
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`and other users of the Accused Instrumentalities in their ordinary and customary way to infringe
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`the ’234 patent, knowing, or at least being willfully blind to the fact, that such use constitutes
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`infringement of the ’234 patent.
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`39.
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`Google has contributed and continues to contribute to the infringement by others,
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`including its customers, of the ’234 patent under 35 U.S.C. § 271(c) by, among other things,
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`making, selling, offering for sale within the United States, importing into the United States, and/or
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`otherwise making available the Accused Instrumentalities for use in practicing the patented
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`inventions of the ’234 patent, knowing that the Accused Instrumentalities and components are
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`especially made or adapted for use in infringement of the ’234 patent, embody a material part of
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`the inventions claimed in the ’234 patent, and are not staple articles of commerce suitable for
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`substantial non-infringing use. Google’s customers directly infringe the ’234 patent by using the
`
`Accused Instrumentalities.
`
`40.
`
`VoIP-Pal has been and continues to be damaged by Google’s infringement of the
`
`’234 patent.
`
`41.
`
`Google’s conduct in infringing the ’234 patent renders this case exceptional within
`
`the meaning of 35 U.S.C. § 285.
`
`COUNT 2
`INFRINGEMENT OF U. S. PATENT NO. 10,880,721
`
`42.
`
`Paragraphs 1 through 41 are incorporated by reference as if fully stated in this
`
`Count.
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` 
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`14 
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`Case 6:21-cv-00667 Document 1 Filed 06/25/21 Page 15 of 19
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`43.
`
`Google, either alone or in conjunction with others, has infringed and continues to
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`infringe, both directly and indirectly, one or more claims of the ’721 patent, including at least
`
`exemplary claim 38, under 35 U.S.C. § 271, either literally and/or under the doctrine of
`
`equivalents, by making, using, offering to sell, selling, and/or importing into the United States at
`
`least certain methods, apparatuses, products and services used for communication, including,
`
`without limitation, the Accused Instrumentalities.
`
`44.
`
`For example, Google infringes exemplary claim 38 of the ’721 patent by making,
`
`using, offering to sell, selling, and/or importing into the United States at least the Accused
`
`Instrumentalities as detailed in Exhibit 4 to this Complaint.
`
`45.
`
`On information and belief, Google has had knowledge of the application that led to
`
`the ’721 patent since at least December 18, 2015 based on a letter that VoIP-Pal sent Google
`
`notifying Google of the application that led to the ’721 patent. After acquiring that knowledge,
`
`Google infringed the ’721 patent and in doing so, it knew, or should have known, that its conduct
`
`amounted to infringement of the ’721 patent. Since that time, the parties have engaged in
`
`numerous communications regarding VoIP-Pal’s patent portfolio, including the application that
`
`led to the ’721 patent. VoIP-Pal explained the value of its patent portfolio to Google and offered
`
`to license its patents in good faith. Google reviewed VoIP-Pal’s patent portfolio and advised VoIP-
`
`Pal that it was not interested in taking a license. Google, however, failed to provide VoIP-Pal any
`
`basis as to why it does not need license despite being subjectively aware of the risk that its conduct
`
`constituted infringement.
`
`46.
`
`On information and belief, Google has had knowledge of the ’721 patent since at
`
`least December 29, 2020 when the ’721 patent issued. After acquiring that knowledge, Google
`
`infringed the ’721 patent and in doing so, it knew, or should have known, that its conduct amounted
`
` 
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`15 
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`Case 6:21-cv-00667 Document 1 Filed 06/25/21 Page 16 of 19
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`to infringement of the ’721 patent. Since the issuance of the ’721 patent, Google and VoIP-Pal
`
`have engaged in communications regarding VoIP-Pal’s patent portfolio. The parties have been
`
`engaged in litigation regarding VoIP-Pal’s patents since April 3, 2020. Through these actions,
`
`Google has acquired intimate knowledge of VoIP-Pal’s patent portfolio and its infringement of
`
`that portfolio.
`
`47.
`
`Alternatively, Google has had knowledge of the ’721 patent and its infringement of
`
`the ’721 patent based at least on the filing of this Complaint.
`
`48.
`
`Despite its knowledge and notice of the ’721 patent as of at least the filing of this
`
`Complaint, Google has continued to make, use, sell, offer to sell, and/or import the Accused
`
`Instrumentalities in the United States in a manner that infringes the ’721 patent. Google knew or
`
`should have known that its actions constituted infringement of the ’721 patent. Upon information
`
`and belief, Google has failed to take adequate steps to avoid infringing the ʼ721 patent, despite
`
`having been on notice of and lacking permission to practice the ʼ721 patent. Upon information
`
`and belief, Google will continue to reap significant revenues and savings based on its infringement
`
`of the ’721 patent. Accordingly, Google’s infringement has been and continues to be willful.
`
`49.
`
`Google has induced infringement, and continues to induce infringement, of one or
`
`more claims of the ’721 patent under 35 U.S.C. § 271(b). Googl