Case 6:22-cv-00031-ADA Document 105 Filed 03/29/23 Page 1 of 51
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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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`vs.
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`GOOGLE LLC,
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`Civil Action No. 6:22-cv-31-ADA
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`JURY TRIAL DEMANDED
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`PUBLIC VERSION
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`Defendant.
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`SECOND AMENDED COMPLAINT FOR PATENT INFRINGEMENT
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`Plaintiff Flypsi, Inc. files this Second Amended Complaint for Patent Infringement against
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`Google LLC 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 Google LLC (“Google”) is a Delaware limited liability company that
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`maintains an established places of business at 100 Congress Ave., 901 E. Fifth St. and 500 W.
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`Second St., Austin, Texas 78701, among other locations. Google may be served with process
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`through its registered agent, the Corporation Service Company dba CSC – Lawyers Incorporating
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`Service Company at 211 East 7th Street, Suite 620, Austin, Texas 78701. Google is registered to
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`do business in the State of Texas and has been since at least November 17, 2006.
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`Case 6:22-cv-00031-ADA Document 105 Filed 03/29/23 Page 2 of 51
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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 as set forth below.
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`5.
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`Google maintains an office in Austin, Texas, and touts that it has “proudly called
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`Texas home for more than a decade with offices in Austin and Dallas, and a data center in
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`Midlothian—a $600M investment.” (See https://economicimpact.google.com/state/tx/). Google
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`employs over 1,700 Texans full-time (the majority in Austin), has connected with 1.43 million
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`Texas businesses, and touts $26.45 billion in economic activity within Texas. (Id.)
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`6.
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`Google’s Austin office opened in 2007 and now has more than 1,500 employees in
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`Central Texas, including 800 engineering employees based in Austin and the broader Austin area.
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`(See https:// www. statesman. com/story/business/2021/08/13/austin-google-exec-companys-
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`future-really-bright-in-city-tx/5488231001/). Google is excited to see the company’s Austin
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`operations grow into one of Google’s largest hubs, as it will shortly occupy all of a new 35-story
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`tower being built at 601 W. Second St. in Austin. (Id.) The 750,000 square feet of office space at
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`601 W. Second St. will expand on the 550,000 square feet already owned by Google in downtown
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`Austin at its three locations: 100 Congress Ave., 901 E. Fifth St. and 500 W. Second St. (see
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`https://www.kvue.com/article/money/economy/boomtown-2040/google-austin-texas-real-estate-
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`report/269-2ce6e60e-e8c3-46f5-aca6-864175e67950).
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`Case 6:22-cv-00031-ADA Document 105 Filed 03/29/23 Page 3 of 51
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`7.
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`In addition to its downtown Austin office space, Google operates a Google Fiber
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`Space at 701 S. Lamar Blvd in Austin. Via its website and this Google Fiber Space, Google markets
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`and sells Google Fiber throughout the Austin area (see https:// fiber. google. com/cities/austin/).
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`In addition to Internet service, Google Fiber includes Google Fiber Phone, which is powered by
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`the accused Google Voice. (See https: //fiber.google.com/phone/ (“Google Fiber Phone is just like
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`a typical home phone, except your phone service is delivered over the Internet, and it’s powered
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`by Google Voice. Use your current home phone number, choose a new one, or use your existing
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`Google Voice number.”)) Google’s established places of business in this District are thus
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`marketing, selling, and deriving revenue directly from the functionality accused of infringement
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`in this case.
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`8.
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`In addition to the approximately 1,500 employees, including 800 engineers,
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`employed in Austin, Google’s Careers website currently lists 442 jobs available in the Austin area
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`related to both Google and Google Fiber (see https://careers.google.com/jobs/results/?company=
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`Google&company=Google%20Fiber&distance=50&hl=en&location=Austin,%20TX,
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`%20USA&q=). Upon information and belief, Google’s in-house legal department also has
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`substantial presence in Austin, Texas. Google’s Careers website includes a job posting for
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`“Litigation Counsel, Patent Litigation” with the option to work in Austin. (See id.)
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`9.
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`In addition to its Austin presence, Google also maintains a $600 million data center
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`in Midlothian, Texas. (https:// www. google. com/about/datacenters/locations/midlothian/).
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`According to Google, its data centers “are really the engine of the internet” and that data “in Texas
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`or the surrounding areas” will be processed through the Midlothian data center. (https: //www.
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`dallasnews.com/business/real-estate/2019/06/14/google-s-massive-600m-data-center-takes-
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`shape-in-ellis-county-as-tech-giant-ups-texas-presence/). Google’s 375-acre data center
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`in
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`Midlothian is approximately 70 miles from the Waco courthouse.
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`10.
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`This Court has personal jurisdiction over Google. Google has continuous and
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`systematic business contacts with the State of Texas (as set forth in ¶¶ 5–9 above, which are
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`incorporated herein). In addition, Google conducts its business extensively throughout Texas and
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`derives substantial revenue from Texas, by shipping, distributing, offering for sale, selling, and
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`advertising (including the provision of an interactive web page) its products and/or services in the
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`State of Texas and the Western District of Texas. Google has purposefully and voluntarily placed
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`in the stream of commerce one or more products and/or services that practice the Asserted Patents
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`(as set forth in ¶¶ 24–28 below) with the intention and expectation that they will be purchased and
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`used by consumers in the Western District of Texas.
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`BACKGROUND
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`The Flyp Inventions
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`11.
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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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`friends, and work colleagues. Throughout the 2010s and continuing into the 2020s, personal and
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`professional communication coalesced around the smartphone. While some chose to segregate
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`their personal and professional communication with multiple devices, that solution was both
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`financially and physically cumbersome. Rather, a technological need arose to segregate such
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`communications within a single device and to manage multiple numbers in a clean, centralized
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`environment. And within this field, there was a particular need for a device that would maintain
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`caller identification (“caller ID”) and properly identify a call as originating from the secondary
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`phone number of the caller with multiple numbers, rather than a conference line number or a
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`randomly generated number.
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`12.
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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 claim 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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`13.
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`This invention is unlike and constituted a technological advance over other methods
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`for using alternative phone numbers. Many of those methods utilized call forwarding or call
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`conferencing solutions—rather than connecting the call at the switch. In these solutions, caller ID
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`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 for
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`alternative numbers that identified calls as originating from the secondary phone number was a
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`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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`14.
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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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`https://www.globenewswire.com/en/news-release/2020/10/14/2108292/28124/en/13-5-Billion-
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`Worldwide-Cloud-Telephony-Service-Industry-to-2027-Impact-of-COVID-19-on-the-Market.
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`html).
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`15.
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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 a user to gain access to an additional,
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`alternative phone number on his or her 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
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`originally cited during examination of the Asserted Patents by the United States Patent and
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`Trademark Office.
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`Google Voice
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`16.
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`In addition to its more well-known web-searching and hosting services, Google
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`operates Google Voice. Google Voice is an application published by Google for iOS and Android
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`that allows a user to add a second phone number to his or her smartphone.
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`17.
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`Although Google Voice was launched in 2009, it was revamped significantly in
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`2017 (after the priority date of the Asserted Patents).
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`18.
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`At the time of its 2009 launch, Google Voice was described by the industry as a
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`call-forwarding solution—“Google Voice is an internet-based service that gives your contacts one
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`voice number and forwards it to multiple phones.” (See https://www.lifewire.com/what-is-google-
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`voice-1616888.). For inbound calls, Google Voice did not display any indication of what number
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`was receiving the call. (See Google Voice – Taking calls, March 11, 2009, available at
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`https://www.youtube.com/watch?v=vDo6hkgoYXo). In addition, Google Voice
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`leveraged
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`multiple third-party providers for call routing using Google Voice. (See https: //www. fcc. gov/
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`wcb/archives/googleletter.pdf).
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`19.
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`From 2012 until early 2017, Google made no major revisions to Google Voice.
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`Instead, according to industry observers, Google let Google Voice languish in disrepair for five
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`years.
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`(See
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`https://gizmodo.com/five-years-later-google-finally-remembers-google-voice-
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`1791532022 (“Unfortunately, over the years, Google let the nifty little voice service fall into
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`relative disrepair—until today, that is. For the first time in five—yes, five—years, Google Voice
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`is getting a major UI update.”)
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`20.
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`The patent application that led to Flyp’s first patent (the ’770 Patent) published in
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`January 2015,1 and months later in March 2015 Flyp’s mobile application launched on the Google
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`Play Store. Not long after these events, Google Ventures—Google’s venture capital fund—asked
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`for the opportunity to learn more about Flyp under the auspices of offering funding. The Google
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`Ventures team included key contributors to Google Voice: Craig Walker, Wesley Chan, and Rich
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`Miner, the co-founder of Android and a purported co-inventor of Google Voice technology.2
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`21.
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`Rich Miner3 arranged a meeting with Peter Rinfret from Flyp for November 12,
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`2015. To prepare for that meeting, Mr. Miner conferred with Google Voice’s co-founder, Craig
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`Walker. At the meeting between Google Ventures and Flyp, Mr. Rinfret provided a presentation
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`to Mr. Miner about Flyp and its technologies, including discussing the flaws and shortcomings in
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`Google’s existing Google Voice product along with the proprietary technologies that Flyp had
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`developed to overcome them. The presentation also referenced Flyp’s efforts to seek patent
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`protection for its technology in three separate instances.4 Mr. Rinfret explained to Mr. Miner that
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`Flyp had sought patent protection for its proprietary technologies and provided an overview of
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`1 U.S. Patent App. No. 2015/0024718 was published on January 22, 2015.
`2 See https://googleblog.blogspot.com/2009/03/googles-newest-venture.html; https://om.co/gigaom/ google-voice-co-
`founder-quits-joins-google-ventures; https://www.wsj.com/articles/BL-VCDB-5994; https://www.theverge.com/
`2014/3/6/5474902/rich-miner-google-ventures-profile; and U.S. Patent Publ. 2011/0026468.
`3 In November 2015, Mr. Miner was an employee of Google Ventures. Prior to the filing of this lawsuit, however, Mr.
`Miner became an employee of Google LLC in March 2021.
`4 See Ex. A (Flyp Presentation as maintained in Google’s files and produced as GOOG-FLYP-00004073 (Confidential
`– Attorneys Eyes Only)), at 15, 16, and 17 (Filed Under Seal).
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`Flyp’s pending patent applications. In addition, the presentation showed and Mr. Rinfret explained
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`that Flyp’s pending patent applications had been accepted into the United States Patent and
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`Trademark Office’s “Patent Prosecution Highway (PPH) – Fast Track Examination of
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`Applications,” and would be considered on an expedited basis. Mr. Miner asked for, and received,
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`a copy of the presentation from Mr. Rinfret.
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`22.
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`After the meeting, Mr. Miner conferred with the Google Ventures team about what
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`he had learned from Mr. Rinfret. Google Ventures did not offer funding to Flyp. Shortly thereafter,
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`however, Google incorporated many of the solutions that Mr. Rinfret discussed during the meeting
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`into its own Google Voice product. On information and belief, Mr. Miner and the Google Voice
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`team took no affirmative steps to monitor Flyp’s patent filings (including Flyp’s fast-tracked patent
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`application) following that meeting. On information and belief, Google was nonetheless aware of
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`each of Flyp’s patents shortly after each issued as they were analyzed and incorporated into
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`patents.google.com, a website owned and operated by Google LLC. Prior to the filing of this
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`lawsuit, each asserted patent was available on patents.google.com.
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`23.
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`A little more than one year later, in January 2017, Google updated Google Voice.
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`In addition to user-interface improvement, the revised Google Voice employed new call
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`mechanisms that infringe Flyp’s Asserted Patents, including new methods for outbound and
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`inbound call routing.
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`THE ASSERTED PATENTS
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`24.
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`U.S. Patent No. 9,667,770, entitled “Telephone Network System and Method” (the
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`“’770 Patent”), was duly and legally issued to inventors Ivan Zhidov, Peter Rinfret, and Sunir
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`Kochhar on May 30, 2017. Flyp owns by assignment the entire right, title, and interest in the ʼ770
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`Patent and is entitled to sue for past and future infringement.
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`25.
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`U.S. Patent No. 10,051,105, entitled “Telephone Network System and Method”
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`(the “’105 Patent”), was duly and legally issued to inventors Ivan Zhidov, Peter Rinfret, and Sunir
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`Kochhar on August 14, 2018. Flyp owns by assignment the entire right, title, and interest in the
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`ʼ105 Patent and is entitled to sue for past and future infringement.
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`26.
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`U.S. Patent No. 10,334,094, entitled “Telephone Network System and Method”
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`(the “’094 Patent”), was duly and legally issued to inventors Ivan Zhidov, Peter Rinfret, and Sunir
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`Kochhar on June 25, 2019. Flyp owns by assignment the entire right, title, and interest in the ʼ094
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`Patent and is entitled to sue for past and future infringement.
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`27.
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`U.S. Patent No. 11,012,554, entitled “Telephone Network System and Metho[d]”
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`(the “’554 Patent”), was duly and legally issued to inventors Ivan Zhidov, Peter Rinfret, and Sunir
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`Kochhar on May 18, 2021. Flyp owns by assignment the entire right, title, and interest in the ʼ554
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`Patent and is entitled to sue for past and future infringement.
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`28.
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`U.S. Patent No. 11,218,585, entitled “Telephone Network System and Method”
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`(the “’585 Patent”), was duly and legally issued to inventors Ivan Zhidov, Peter Rinfret, and Sunir
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`Kochhar on January 4, 2022. Flyp owns by assignment the entire right, title, and interest in the
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`ʼ585 Patent 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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`29.
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`Flyp repeats and realleges the allegations in paragraphs 1–28 as if fully set forth
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`herein.
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`30.
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`Google has infringed the ’770 Patent by making, using, selling, offering for sale, or
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`importing into the United States, or by intending that others make, use, import into, offer for sale,
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`or sell in the United States, products and/or methods covered by one or more claims of the ’770
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`Patent, including, but not limited to, Google’s app-based telephone feature known as Google Voice
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`(including Google Voice and Google Telephony Platform, on server and client sides). In addition,
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`since at least the filing of Flyp’s Original Complaint in this action, Google has contributed to the
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`infringement of and/or induced infringement of the ’770 Patent by making, using, selling, offering
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`for sale, or importing into the United States, or by intending that others make, use, import into,
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`offer for sale, or sell in the United States, products and/or methods covered by one or more claims
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`of the ’770 Patent, including, but not limited to, Google Voice (including Google Voice and
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`Google Telephony Platform, on server and client sides).
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`31.
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`Google Voice infringes at least claims 1–6 of the ’770 Patent. Google makes, uses,
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`sells, offers for sale, imports, exports, supplies, or distributes Google Voice within the United
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`States and thus directly infringes the ʼ770 Patent.
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`32.
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`Upon information and belief, Google 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 Google Voice, who
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`perform each step of the claimed invention as directed by Google, or (2) the result of activities
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`performed by resellers, partners, and end-user customers of Google Voice—including placing
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`outbound calls and receiving inbound calls—in a normal and customary way that infringes the
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`ʼ770 Patent, that has no substantial non-infringing uses, that is known by Google, and that
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`constitutes a material part of the invention of the ’770 Patent.
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`33.
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`Google had knowledge of Flyp and its patent applications, including the fast-track
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`application that was eventually issued as the ’770 Patent, at least as early as November 12, 2015.
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`On that date, Mr. Miner met with Flyp to discuss Flyp’s technology, business, and patent filings.
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`In response to a request from Mr. Miner, Flyp transmitted a copy of the presentation given to Mr.
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`Miner at that meeting days later on November 16, 2015, which included a summary of Flyp’s
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`technology and disclosed that Flyp had filed patent applications related to its technology. Mr.
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`Miner rejoined Google as an employee in March 2021. On information and belief, Mr. Miner and
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`the Google Voice team took no steps to monitor Flyp’s patent filings following Mr. Miner’s
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`meeting with Flyp.
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`34.
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`Nonetheless, Google itself was aware of the ’770 Patent shortly after its issuance.
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`On information and belief, the ’770 Patent was analyzed and incorporated into patents.google.com
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`shortly after its issuance. For years prior to the filing of this lawsuit, the ’770 Patent was available
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`on patents.google.com, a website owned and operated by Google LLC.
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`35.
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`At the very least, Google received actual notice of the ʼ770 Patent at least as early
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`as the filing of the Original Complaint in this action.
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`36.
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`By engaging in the conduct described herein, Google has injured Flyp and is thus
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`liable for infringement of the ’770 Patent, pursuant to 35 U.S.C. § 271. Google has committed
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`these acts of infringement without license or authorization.
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`37.
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`As a result of Google’s infringement of the ’770 Patent, Flyp has suffered monetary
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`damages and is entitled to a monetary judgment in an amount adequate to compensate for Google’s
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`past infringement, together with interests and costs. In addition, Google’s infringement is causing
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`irreparable harm and monetary damage to Flyp and will continue to do so unless and until Google
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`is enjoined by the Court.
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`38.
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`Google’s infringement of the ’770 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 attorneys’ fees to Flyp pursuant to 35 U.S.C.
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`§§ 284–285.
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`39.
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`Google Voice 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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`Sign up for Voice and get your number
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`1. On your computer, go to voice.google.com B .
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`2. Sign in to your Google Account.
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`3. After reviewing the Terms of Service and Privacy Policy, tap Continue.
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`4. Search by city or area code for a number. Voice doesn't offer 1-800 numbers.
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`*
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`|f there aren't any numbers available in the area you want, try somewhere nearby.
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`5. Next to the numberyou want, click Select. Follow the instructions.
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`After setting up Voice, you can link another phone number. Learn more about setting up phones.
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`Change your device's number
`Important: Google Voice uses your linked numberto makecalls if an internet connection isnt
`available. If you didn't link your device's number during sign-up, you can link it later.
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`before linking. 6. Tap Save.
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`1. Open the Voice app t®.
`
`2. In the top left, tap Menu = > Settings.
`
`3. Under “Account,' tap Devices and numbers.
`
`4. Under "This device," tap Change device number.
`
`5. Choose one of these options:
`
`* Your device's number:Voice links to your mobile device.
`* No number: Voiceisn't linked to a device number.
`
`* New linked number: Voice links to a new numberyou enter. Google Voice verifies the number
`
`
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`Case 6:22-cv-00031-ADA Document 105 Filed 03/29/23 Page 15 of 51
`Case 6:22-cv-00031-ADA Document 105 Filed 03/29/23 Page 15 of 51
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`
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`Google Cloud
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`Google has been in telephonyfor 12 years
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`100+ countries, 100+ carriers, 100+ peering points, 188
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`Already know andlove Voice
`Since 2009,milllionsof users haverelied on Voice to
`keepin touchwith friends,
`family, and colleagues.
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`Case 6:22-cv-00031-ADA Document 105 Filed 03/29/23 Page 16 of 51
`
`
`
`
`
`40.
`
`Google Voice provides a method of providing telephone service comprising:
`
`acquiring first digital information from the handset over at least one data channel, the first digital
`
`information indicating primary call processing rules for handling calls directed to the primary
`
`telephone number, and storing the primary call processing rules in the at least one computer
`
`memory device, and acquiring second digital information from the handset over the at least one
`
`data channel, the second digital information indicating secondary call processing rules for handling
`
`calls directed to the secondary telephone number, and storing the secondary call processing rules
`
`in the at least one computer memory device, including as demonstrated in the exemplary text
`
`below:
`
`
`
`
`
`16
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`

`

`Case 6:22-cv-00031-ADA Document 105 Filed 03/29/23 Page 17 of 51
`Case 6:22-cv-00031-ADA Document 105 Filed 03/29/23 Page 17 of 51
`
`Set up your phone to make & receive Google
`Voice calls
`Your Google Voice numberlets you make andreceive calls at voice.google.com or on the Google Voice app.
`You canalso link phone numbers you wantto forward calls to if you don't want to answerwith Google Voice.
`Whencall forwardingis set up,calls to your Google Voice numberwill ring yourlinked phones.
`
`
`
`Add a numberto place & receivecalls & texts
`1. Open the Voice app &®.
`2. In the topleft, tap Menu = > Settings.
`3. Under "Account," tap Devices and numbers.
`4. Tap New linked number.
`5. Enter the phone numbertolink.
`6. Google Voice sends youa verification code.
`* To verify a mobile number: Tap Send code. Google Voice sends the codein a text message.
`* To verify a landline number: Tap Verify by phone > Call. Google Voice calls the phone numberand gives
`the code.
`
`4. Under "My devices," turn off any devices you don't wantto get calls on.
`
`7. Enter the code > tap Verify.
`
`Tips:
`
`+ You canlink up to 6 numbers.You can't link a numberthat's already linked to a Google Voice number.
`* Calls to your Google Voice numberalso ring on your linked number.
`
`Change whereyou get calls
`
`1. Open the Voice app &®.
`
`2. In the topleft, tap Menu = > Settings.
`
`3. Under"Calls," tap Incomingcalls.
`
`
`
`
`
`
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`Case 6:22-cv-00031-ADA Document 105 Filed 03/29/23 Page 18 of 51
`
`
`
`
`
`41.
`
`Google Voice provides a method of providing telephone service comprising:
`
`receiving an incoming call over at least one voice channel at a switch, the switch being associated
`
`with a bridge telephone number such that calls directed to the bridge telephone number are
`
`automatically routed to the switch, the incoming call being directed to a handset-associated
`
`telephone number, the handset-associated telephone number being the primary telephone number
`
`or the secondary telephone number, including as demonstrated in the exemplary text above.
`
`42.
`
`Google Voice provides a method of providing telephone service comprising: based
`
`on the primary call processing rules or the secondary call processing rules provides transmitting
`
`pre-call information to the handset over the at least one data channel the pre-call information
`
`including the bridge telephone number and the handset-associated telephone number, such that the
`
`handset is capable of displaying the handset-associated telephone number to a user and, based on
`
`
`
`18
`
`
`
`

`

`Case 6:22-cv-00031-ADA Document 105 Filed 03/29/23 Page 19 of 51
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`
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`user input, accepting the incoming call by connecting with the switch over the at least one voice
`
`channel using the bridge telephone number, including as demonstrated in the exemplary text above
`
`and below:
`
`
`
`
`
`Count II: Claim for Patent Infringement of the ʼ105 Patent
`
`43.
`
`Flyp repeats and realleges the allegations in paragraphs 1–42 as if fully set forth
`
`herein.
`
`44.
`
`Google has infringed the ’105 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 ’105
`
`Patent, including, but not limited to, Google’s app-based telephone feature known as Google Voice
`
`(including Google Voice and Google Telephony Platform, on server and client sides). In addition,
`
`
`
`19
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`
`
`

`

`Case 6:22-cv-00031-ADA Document 105 Filed 03/29/23 Page 20 of 51
`
`
`
`since at least the filing of Flyp’s Original Complaint in this action, Google has contributed to the
`
`infringement of and/or induced infringement of the ’105 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 ’105 Patent, including, but not limited to, Google Voice (including Google Voice and
`
`Google Telephony Platform, on server and client sides).
`
`45.
`
`Google Voice infringes at least claims 1–11 of the ’105 Patent. Google makes, uses,
`
`sells, offers for sale, imports, exports, supplies, or distributes Google Voice within the United
`
`States and thus directly infringes the ʼ105 Patent.
`
`46.
`
`Upon information and belief, Google indirectly infringes the ʼ105 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 Google Voice, who
`
`perform each step of the claimed invention as directed by Google, or (2) the result of activities
`
`performed by resellers, partners, and end-user customers of Google Voice—including placing of
`
`outbound calls and the receiving of inbound calls—in a normal and cu