Case 6:22-cv-00031-ADA Document 50 Filed 09/06/22 Page 1 of 49
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
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`
`
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`FLYPSI, INC. (D/B/A FLYP),
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`
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`
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`Plaintiff,
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`Civil Action No. 6:22-cv-31-ADA
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`vs.
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`GOOGLE LLC,
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`
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`JURY TRIAL DEMANDED
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`Defendant.
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`
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`
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`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
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`Plaintiff Flypsi, Inc. files this First Amended Complaint for Patent Infringement against
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`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 50 Filed 09/06/22 Page 2 of 49
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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
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`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 50 Filed 09/06/22 Page 3 of 49
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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
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`markets
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`and
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`sells
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`Google
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`Fiber
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`throughout
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`the
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`Austin
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`area
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`(See
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`https://fiber.google.com/cities/austin/). In addition to Internet service, Google Fiber includes
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`Google Fiber Phone, which
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`is powered by
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`the accused Google Voice.
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`
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`(See
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`https://fiber.google.com/phone/ (“Google Fiber Phone is just like a typical home phone, except
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`your phone service is delivered over the Internet, and it’s powered by Google Voice. Use your
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`current home phone number, choose a new one, or use your existing Google Voice number.”))
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`Google’s established places of business in this District are thus marketing, selling, and deriving
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`revenue directly from the functionality accused of infringement 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,%20USA
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`&q=). Upon information and belief, Google’s in-house legal department also has substantial
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`presence in Austin, Texas. Google’s Careers website includes a job posting for “Litigation
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`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.
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`
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`(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
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`the surrounding areas” will be processed
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`through
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`the Midlothian data center.
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`(https://www.dallasnews.com/business/real-estate/2019/06/14/google-s-massive-600m-data-
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`Case 6:22-cv-00031-ADA Document 50 Filed 09/06/22 Page 4 of 49
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`center-takes-shape-in-ellis-county-as-tech-giant-ups-texas-presence/). Google’s 375-acre data
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`center in 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 in 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 communications coalesced around the smartphone. While some chose to segregate
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`their personal and professional communications 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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`Case 6:22-cv-00031-ADA Document 50 Filed 09/06/22 Page 5 of 49
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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 claims a
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`particular way of setting up and connecting telephone calls, and delivering information related to
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`such telephone calls using an Internet Protocol (IP) or other data channel, while delivering the
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`voice portion of the call in accordance with telecom voice channel delivery standards. As opposed
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`to the standard mobile phone that is connected to a single phone number, Flyp’s patented systems
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`and methods enable a particular way for mobile-phone users to create and own multiple phone
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`numbers on a single mobile device while maintaining the integrity of caller-identification
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`functions. Thus, from a single mobile phone utilizing Flyp’s app (and patented methods), users
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`can add new phone numbers and control various streams of outbound and inbound calls to those
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`numbers. Users can select the area code of their choice for local calling in the United States and
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`create alternative and dedicated numbers for business, social activities, shopping, dating, and any
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`other aspect of life.
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`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
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`for alternative numbers that identified calls as originating from the secondary phone number was
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`Case 6:22-cv-00031-ADA Document 50 Filed 09/06/22 Page 6 of 49
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`a long-felt need and unique technological problem that the invention provides a particular way of
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`solving, thereby improving the functionality of the phones beyond the mere advantages of
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`implementing phone technology using computers. This is also a feature that cannot be
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`implemented manually.
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`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-
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`Market.html).
`
`15.
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`But for rampant infringement of its patented technology, Flyp would be well-
`
`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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`Case 6:22-cv-00031-ADA Document 50 Filed 09/06/22 Page 7 of 49
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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.). This use of call-forwarding did not maintain the integrity of caller ID for
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`outbound calls using Google Voice—as Google stated at the time, “[w]hen you call someone, a
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`US phone number might appear that’s not your number. The person you call still gets a phone call
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`from your Google Voice number.” (See https://support.google.com/voice/answer/3379129?co=
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`GENIE.Platform%3DAndroid&hl=en). In addition, inbound calls using Google Voice did not
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`display any indication of what number was receiving the call. (See Google Voice - Taking calls,
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`March 11, 2009, available at https://www.youtube.com/watch?v=vDo6hkgoYXo).
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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
`
`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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`Case 6:22-cv-00031-ADA Document 50 Filed 09/06/22 Page 8 of 49
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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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`In the interim, Mr. Rich Miner, general partner at GV (formerly Google Ventures)
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`requested and scheduled a meeting with Flyp’s founder and named-inventor, Peter Rinfret. At that
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`time, Google Ventures was a subsidiary of defendant Google. The meeting requested by Google
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`Ventures occurred on November 12, 2015, during which Mr. Miner and Mr. Rinfret discussed
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`Flyp’s technology, business, and patent filings. In response to a request from Mr. Miner, Flyp
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`transmitted a copy of the presentation given to Mr. Miner at that meeting days later on November
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`16, 2015, which included a summary of Flyp’s technology and disclosed that Flyp had filed patent
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`applications related to its technology as early as 2013. On information and belief, Google took no
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`steps to monitor Flyp’s patent filings following that meeting.
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`21.
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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.
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`22.
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`Google’s new outbound calling mechanism maintains the integrity of caller ID for
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`outbound calls. As Google now represents, “[t]he person you’re calling will still see your Voice
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`Case 6:22-cv-00031-ADA Document 50 Filed 09/06/22 Page 9 of 49
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`23.
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`Google’s new inbound calling mechanism allows the user to either see the inbound
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`number being called or the identification of the caller. As Google now represents, the receiving
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`device “can show your Google Voice number or the caller’s phone number.”
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`THE ASSERTED PATENTS
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`
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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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`Case 6:22-cv-00031-ADA Document 50 Filed 09/06/22 Page 10 of 49
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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.
`
`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
`
`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.
`
`Flyp repeats and realleges the allegations in paragraphs 1-28 as if fully set forth
`
`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
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`Voice. In addition, since at least the filing of Flyp’s Original Complaint in this action, Google has
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`Case 6:22-cv-00031-ADA Document 50 Filed 09/06/22 Page 11 of 49
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`contributed to the infringement of and/or induced infringement of the ’770 Patent by making,
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`using, selling, offering for sale, or importing into the United States, or by intending that others
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`make, use, import into, offer for sale, or sell in the United States, products and/or methods covered
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`by one or more claims of the ’770 Patent, including, but not limited to, Google’s app-based
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`telephone feature known as Google Voice.
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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.
`
`33.
`
`On information and belief, Google had knowledge of Flyp and its patent
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`applications at least as early as November 12, 2015. On that date, Rich Miner, general partner at
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`GV (formerly Google Ventures) and co-founder of Android, met with Flyp to discuss Flyp’s
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`Case 6:22-cv-00031-ADA Document 50 Filed 09/06/22 Page 12 of 49
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`technology, business, and patent filings on November 12, 2015. In response to a request from Mr.
`
`Miner, Flyp transmitted a copy of the presentation given to Mr. Miner at that meeting days later
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`on November 16, 2015, which included a summary of Flyp’s technology and disclosed that Flyp
`
`had filed patent applications related to its technology as early as 2013. On information and belief,
`
`Google took no steps to monitor Flyp’s patent filings following that meeting. At the very least,
`
`Google received actual notice of the ʼ770 Patent at least as early as the filing of the Original
`
`Complaint in this action.
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`34.
`
`By engaging in the conduct described herein, Google has injured Flyp and is thus
`
`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.
`
`35.
`
`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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`36.
`
`Since at least the filing of the Original Complaint in this action, Google’s
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`infringement of the ’770 Patent has been and continues to be deliberate and willful, and, therefore,
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`this is an exceptional case warranting an award of enhanced damages for up to three times the
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`actual damages awarded and attorney’s fees to Flyp pursuant to 35 U.S.C. §§ 284-285.
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`37.
`
`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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`Case 6:22-cv-00031-ADA Document 50 Filed 09/06/22 Page 13 of 49
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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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`Google Cloud
`
`Google has beenin telephony for 12 years
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`ea
`
`Md
`
`e]a
`
`Calls via Google Cloud
`
`Already know andlove Voice
`
`behind the scenesvoiceis part of a
`muchlarger telephony platform that
`
`iNest
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`Using Google Voice to manage businesslines
`1,188 views - Nov 5, 202
`
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`GI DISLIKE 4 SHARE
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`+ DOWNLOAD
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`Even moreavailability
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`LUcelia) Smirnd
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`4
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`Case 6:22-cv-00031-ADA Document 50 Filed 09/06/22 Page 14 of 49
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`SUBSCRIBE
`
`when you add anotherlinked phone number
`like that of your mobile device
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`14
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`Case 6:22-cv-00031-ADA Document 50 Filed 09/06/22 Page 15 of 49
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`38.
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`Google Voice provides a method of providing telephone service comprising:
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`acquiring first digital information from the handset over at least one data channel, the first digital
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`information indicating primary call processing rules for handling calls directed to the primary
`
`telephone number, and storing the primary call processing rules in the at least one computer
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`memory device, and acquiring second digital information from the handset over the at least one
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`data channel, the second digital information indicating secondary call processing rules for handling
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`calls directed to the secondary telephone number, and storing the secondary call processing rules
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`in the at least one computer memory device, including as demonstrated in the exemplary text
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`below:
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`Case 6:22-cv-00031-ADA Document 50 Filed 09/06/22 Page 16 of 49
`Case 6:22-cv-00031-ADA Document 50 Filed 09/06/22 Page 16 of 49
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`Set up your phone to make & receive Google
`Voice calls
`or on the Google Voice app.
`Your Google Voice numberlets you make and receive calls at
`You can also link phone numbers youwant to forward calls to if you don’t want to answer with Google Voice.
`When call forwardingis set up, calls to your Google Voice numberwill ring your linked phones.
`
`
`
`Add a numberto place & receive calls & texts
`. Open the Voice app &®.
`Settings.
`.
`In the top left, tap Menu
`. Under "Account," tap Devices and numbers.
`. Tap New linked number.
`. Enter the phone numberto link.
`. Google Voice sends yau a 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 number and gives
`the code.
`
`4. Under "My devices," turn off any devices you don't want to get calls on.
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`7. Enter the code > tap Verify.
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`Tips:
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`* You can link up to 6 numbers. You can't link a number that's already linked to a Google Voice number.
`* Calls to your Google Voice number also ring on your linked number.
`
`Change whereyou get calls
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`1. Open the Voice app &®.
`
`2.
`
`In the tap left, tap Menu = > Settings.
`
`3. Under "Calls," tap Incoming calls.
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`16
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`Case 6:22-cv-00031-ADA Document 50 Filed 09/06/22 Page 17 of 49
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`39.
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`Google Voice provides a method of providing telephone service comprising:
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`receiving an incoming call over at least one voice channel at a switch, the switch being associated
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`with a bridge telephone number such that calls directed to the bridge telephone number are
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`automatically routed to the switch, the incoming call being directed to a handset associated
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`telephone number, the handset-associated telephone number being the primary telephone number
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`or the secondary telephone number, including as demonstrated in the exemplary text above.
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`40.
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`Google Voice provides a method of providing telephone service comprising: based
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`on the primary call processing rules or the secondary call processing rules provides transmitting
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`pre-call information to the handset over the at least one data channel the pre-call information
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`including the bridge telephone number and the handset associated telephone number, such that the
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`handset is capable of displaying the handset-associated telephone number to a user and, based on
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`17
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`Case 6:22-cv-00031-ADA Document 50 Filed 09/06/22 Page 18 of 49
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`user input, accepting the incoming call by connecting with the switch over the at least one voice
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`channel using the bridge telephone number, including as demonstrated in the exemplary text above
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`and below:
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`Count II: Claim for Patent Infringement of the ʼ105 Patent
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`41.
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`Flyp repeats and realleges the allegations in paragraphs 1-40 as if fully set forth
`
`herein.
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`42.
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`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,
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`or sell in the United States, products and/or methods covered by one or more claims of the ’105
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`Patent, including, but not limited to, Google’s app-based telephone feature known as Google
`
`Voice. In addition, since at least the filing of Flyp’s Original Complaint in this action, Google has
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`18
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`Case 6:22-cv-00031-ADA Document 50 Filed 09/06/22 Page 19 of 49
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`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’s app-based
`
`telephone feature known as Google Voice
`
`43.
`
`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
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`States and thus directly infringes the ʼ105 Patent.
`
`44.
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`Upon information and belief, Google indirectly infringes the ʼ105 Patent by
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`(1) inducing infringement by others, such as resellers, partners, and end-user customers in this
`
`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 customary way that infringes
`
`the ʼ105 Patent, that has no substantial non-infringing uses, that is known by Google, and that
`
`constitutes a material part of the invention of the ’105 Patent..
`
`45.
`
`On information and belief, Google had knowledge of Flyp and its patent
`
`applications at least as early as November 12, 2015. On that date, Rich Miner, general partner at
`
`GV (formerly Google Ventures) and co-founder of Android, met with Flyp to discuss Flyp’s
`
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`19
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`Case 6:22-cv-00031-ADA Document 50 Filed 09/06/22 Page 20 of 49
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`technology, business, and patent filings on November 12, 2015. In response to a request from Mr.
`
`Miner, Flyp transmitted a copy of the presentation given to Mr. Miner at that meeting days later
`
`on November 16, 2015, which included a summary of Flyp’s technology and disclosed that Flyp
`
`had filed patent applications related to its technology as early as 2013. On information and belief,
`
`Google took no steps to monitor Flyp’s patent filings following that meeting. At the very least,
`
`Google received actual notice of the ʼ105 Patent at least as early as the filing of the Original
`
`Complaint in this action.
`
`46.
`
`By engaging in the conduct described herein, Google has injured Flyp and is thus
`
`liable for infringement of the ’105 Patent, pursuant to 35 U.S.C. § 271. Google has committed
`
`these acts of infringement without license or authorization.
`
`47.
`
`As a result of Google’s infringement of the ’105 Patent, Flyp has suffered monetary
`
`damages and is entitled to a monetary judgment in an amount adequate to compensate for Google’s
`
`past infringement, together with interests and costs. In addition, Google’s infringement is causing
`
`irreparable harm and monetary damage to Flyp and will continue to do so unless and until Google
`
`is enjoined by the Court.
`
`48.
`
`Since at least the filing of the Original Complaint in this action, Google’s
`
`infringement of the ’105 Patent has been and continues to be deliberate and willful, and, therefore,
`
`this is an exceptional case warranting an award of enhanced damages for up to three times the
`
`actual damages awarded and attorney’s fees to Flyp pursuant to 35 U.S.C. §§ 284-285.
`
`49.
`
`Google Voice provides a method of providing telephone service comprising:
`
`automatically storing electronic information that indicates an association of a secondary telephone
`
`
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`20
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`Case 6:22-cv-00031-ADA Document 50 Filed 09/06/22 Page 21 of 49
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`number and a primary telephone number with a telephone handset in a computer memory
`
`associated with a server, including as demonstrated in the exemplary text below:
`
`
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`21
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`Case 6:22-cv-00031-ADA Document 50 Filed 09/06/22 Page 22 of 49
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`You can change the number that shows when a call to your Google Voice number forwards to one of your
`linked numbers. The device that receives the forwarded call can show your Google Voice number or the
`caller's phone number.
`
`Use different devices to change caller ID
`Important: This setting doesn’t affect Google Voice calls over the internet. Internet calls always show the
`caller's phone number.
`
`Android
`
`Computer
`
`iPhone & iPad
`
`1. Open the Google Voice app t®.
`
`2. At the topleft, tag Menu = > Settings ge3.
`3. Scroll to “Calls.”
`
`* To show your Google Voice number on the device that receives a call, turn on Show my Goagle Voice
`numberas caller 1D when forwarding calls.
`* To show the caller's phone number onthe device that receives a call, turn off Show my Google Voice
`numberas caller 1D when forwarding calls.
`
`Tip: To help you identify calls that are forwarded from Google Voice, turn on Show my Google Voice number
`as caller ID when forwarding calls.
`
`Google Cloud
`
`Google has beenin telephony for 12 years
`
`ea
`
`Md
`
`e]a
`
`Calls via Google Cloud
`
`Already know andlove Voice
`
`behind the scenesvoiceis part of a
`muchlarger telephony platform that
`
`
`
`
`
`Changecaller ID for incoming calls
`This feature is available with Voice for Google Workspace accounts managed by your work or school. Sign in to
`your Google Workspace account.
`
`SUBSCRIBE
`
`Using Goo