This complaint alleges that Google infringed several patents related to associative search engines that were originally owned by Nortel Networks and later acquired by Rockstar Consortium US LP and its subsidiary NetStar Technologies LLC. The complaint details how Google bid $4.4 billion in an auction for Nortel's patent portfolio including the patents-in-suit but lost to a group led by Rockstar that bid $4.5 billion. It is alleged that Google infringes the patents through its AdWords program and other methods of selecting advertisements based on user search terms and data. The complaint seeks damages for infringement of the patents.
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1. Case 2:13-cv-00893-JRG-RSP Document 1 Filed 10/31/13 Page 1 of 10 PageID #: 1
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
MARSHALL DIVISION
ROCKSTAR CONSORTIUM US LP
AND NETSTAR TECHNOLOGIES
LLC,
Civil Action No.
Plaintiff,
v.
JURY TRIAL DEMANDED
GOOGLE INC.,
Defendant.
COMPLAINT FOR PATENT INFRINGEMENT
1.
Plaintiffs
ROCKSTAR
CONSORTIUM
US
LP
and
NETSTAR
TECHNOLOGIES LLC (collectively, âPlaintiffsâ) for its Complaint against Defendant
GOOGLE, INC. (âGoogleâ), alleges infringement of United States Patent Nos. 6,098,065;
7,236,969; 7,469,245; 7,672,970; 7,895,178; 7,895,183; and 7,933,883 (the âpatents-in-suitâ):
THE PARTIES AND BACKGROUND
2.
Plaintiff Rockstar Consortium US LP (âRockstarâ) is a Delaware limited
partnership with its principal place of business at Legacy Town Center I, 7160 N. Dallas
Parkway, Suite 250, Plano, Texas 75024.
3.
Plaintiff NetStar Technologies LLC (âNetStarâ) is a wholly-owned subsidiary of
Rockstar Consortium US LP and is a Delaware corporation with its principal place of business at
Legacy Town Center I, 7160 N. Dallas Parkway, Suite 250, Plano, Texas 75024. NetStar is the
exclusive licensee of the patents-in-suit.
2. Case 2:13-cv-00893-JRG-RSP Document 1 Filed 10/31/13 Page 2 of 10 PageID #: 2
4.
Plaintiffs are informed and believe, and on that basis allege, that Defendant
Google is a Delaware corporation with its principal place of business at 1600 Amphitheatre
Parkway, Mountain View, CA 94043.
5.
Nortel Networks, a previous assignee of the patents-in-suit, conducted an auction
for Nortelâs patent portfolio in July 2011. The auction included the patents-in-suit.
6.
At that auction, Google and other companies bid for Nortelâs portfolio.
7.
Google was aware of the patents-in-suit at the time of the auction.
8.
Google placed an initial bid of $900,000,000 for the patents-in-suit and the rest of
the Nortel portfolio. Google subsequently increased its bid multiple times, ultimately bidding as
high as $4.4 billion. That price was insufficient to win the auction, as a group led by the current
shareholders of Rockstar purchased the portfolio for $4.5 billion.
9.
Despite losing in its attempt to acquire the patents-in-suit at auction, Google has
infringed and continues to infringe the patents-in-suit.
JURISDICTION AND VENUE
10.
The court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331 and
1338(a) because this action arises under the patent laws of the United States, 35 U.S.C. §§ 1 et
seq. Venue is proper in this federal district pursuant to 28 U.S.C. §§ 1391(b)-(c) and 1400(b).
INFRINGEMENT OF U.S. PATENT NO. 6,098,065
11.
On August 1, 2000, United States Patent No. 6,098,065 (the ââ065 patentâ) was
duly and legally issued for an invention entitled âAssociative Search Engine.â Rockstar is the
assignee of the â065 patent and has granted an exclusive license to NetStar, who holds all rights
and interest in the â065 patent. A true and correct copy of the â065 patent is attached hereto as
Exhibit A.
12.
Google has infringed and continues to infringe the â065 patent by its manufacture,
use, sale, importation, and/or offer for sale of systems, methods, products, and processes for
matching search terms with relevant advertising and/or information based on those search terms
and other user data, including but not limited to Googleâs process of receiving search requests
3. Case 2:13-cv-00893-JRG-RSP Document 1 Filed 10/31/13 Page 3 of 10 PageID #: 3
from a user, using its search engine to generate search results based at least in part on the search
request, selectingâthrough Googleâs AdWords and/or any other products, methods, systems, or
services Google uses to store and choose relevant advertisingâa relevant advertisement based
on the search request and/or user data, and providing the search results together with the
particular advertisement to the user; and additionally Googleâs systems, methods, products, and
processes of using other user data aside from the search request to help select the search result
and/or advertisement; and additionally and alternatively its contributing to and inducement of
others to manufacture, use, sell, import, and/or offer for sale infringing systems, methods,
products, and processes in the manners described above. Google is liable for its infringement of
the â065 patent pursuant to 35 U.S.C. § 271.
13.
Googleâs acts of infringement have caused damage to Plaintiffs, and Plaintiffs are
entitled to recover from Google the damages sustained by Rockstar, NetStar, and Rockstarâs
predecessor assignees as a result of Googleâs wrongful acts in an amount subject to proof at trial.
INFRINGEMENT OF U.S. PATENT NO. 7,236,969
14.
On June 26, 2007, United States Patent No. 7,236,969 (the ââ969 patentâ) was
duly and legally issued for an invention entitled âAssociative Search Engine.â Rockstar is the
assignee of the â969 patent and has granted an exclusive license to NetStar, who holds all rights
and interest in the â969 patent. A true and correct copy of the â969 patent is attached hereto as
Exhibit B.
15.
Google has infringed and continues to infringe the â969 patent by its manufacture,
use, sale, importation, and/or offer for sale of systems, methods, products, and processes for
matching search terms with relevant advertising and/or information based on those search terms
and other user data, including but not limited to Googleâs process of receiving search requests
from a user, using its search engine to generate search results based at least in part on the search
request, selectingâthrough Googleâs AdWords and/or any other products, methods, systems, or
services Google uses to store and choose relevant advertisingâa relevant advertisement based
on the search request and/or user data, and providing the search results together with the
4. Case 2:13-cv-00893-JRG-RSP Document 1 Filed 10/31/13 Page 4 of 10 PageID #: 4
particular advertisement to the user; and additionally Googleâs systems, methods, products, and
processes of using other user data aside from the search request to help select the search result
and/or advertisement; and additionally and alternatively its contributing to and inducement of
others to manufacture, use, sell, import, and/or offer for sale infringing systems, methods,
products, and processes in the manners described above. Google is liable for its infringement of
the â969 patent pursuant to 35 U.S.C. § 271.
16.
Googleâs acts of infringement have caused damage to Plaintiffs, and Plaintiffs are
entitled to recover from Google the damages sustained by Rockstar, NetStar, and Rockstarâs
predecessor assignees as a result of Googleâs wrongful acts in an amount subject to proof at trial.
INFRINGEMENT OF U.S. PATENT NO. 7,469,245
17.
On December 23, 2008, United States Patent No. 7,469,245 (the ââ245 patentâ)
was duly and legally issued for an invention entitled âAssociative Search Engine.â Rockstar is
the assignee of the â245 patent and has granted an exclusive license to NetStar, who holds all
rights and interest in the â245 patent. A true and correct copy of the â245 patent is attached
hereto as Exhibit C.
18.
Google has infringed and continues to infringe the â245 patent by its manufacture,
use, sale, importation, and/or offer for sale of systems, methods, products, and processes for
matching search terms with relevant advertising and/or information based on those search terms
and other user data, including but not limited to Googleâs process of receiving search requests
from a user, using its search engine to generate search results based at least in part on the search
request, selectingâthrough Googleâs AdWords and/or any other products, methods, systems, or
services Google uses to store and choose relevant advertisingâa relevant advertisement based
on the search request and/or user data, and providing the search results together with the
particular advertisement to the user; and additionally Googleâs systems, methods, products, and
processes of using other user data aside from the search request to help select the search result
and/or advertisement; and additionally and alternatively its contributing to and inducement of
others to manufacture, use, sell, import, and/or offer for sale infringing systems, methods,
5. Case 2:13-cv-00893-JRG-RSP Document 1 Filed 10/31/13 Page 5 of 10 PageID #: 5
products, and processes in the manners described above. Google is liable for its infringement of
the â245 patent pursuant to 35 U.S.C. § 271.
19.
Googleâs acts of infringement have caused damage to Plaintiffs, and Plaintiffs are
entitled to recover from Google the damages sustained by Rockstar, NetStar, and Rockstarâs
predecessor assignees as a result of Googleâs wrongful acts in an amount subject to proof at trial.
INFRINGEMENT OF U.S. PATENT NO. 7,672,970
20.
On March 2, 2010, United States Patent No. 7,672,970 (the ââ970 patentâ) was
duly and legally issued for an invention entitled âAssociative Search Engine.â Rockstar is the
assignee of the â970 patent and has granted an exclusive license to NetStar, who holds all rights
and interest in the â970 patent. A true and correct copy of the â970 patent is attached hereto as
Exhibit D.
21.
Google has infringed and continues to infringe the â970 patent by its manufacture,
use, sale, importation, and/or offer for sale of systems, methods, products, and processes for
matching search terms with relevant advertising and/or information based on those search terms
and other user data, including but not limited to Googleâs process of receiving search requests
from a user, using its search engine to generate search results based at least in part on the search
request, selectingâthrough Googleâs AdWords and/or any other products, methods, systems, or
services Google uses to store and choose relevant advertisingâa relevant advertisement based
on the search request and/or user data, and providing the search results together with the
particular advertisement to the user; and additionally Googleâs systems, methods, products, and
processes of using other user data aside from the search request to help select the search result
and/or advertisement; and additionally and alternatively its contributing to and inducement of
others to manufacture, use, sell, import, and/or offer for sale infringing systems, methods,
products, and processes in the manners described above. Google is liable for its infringement of
the â970 patent pursuant to 35 U.S.C. § 271.
6. Case 2:13-cv-00893-JRG-RSP Document 1 Filed 10/31/13 Page 6 of 10 PageID #: 6
22.
Googleâs acts of infringement have caused damage to Plaintiffs, and Plaintiffs are
entitled to recover from Google the damages sustained by Rockstar, NetStar, and Rockstarâs
predecessor assignees as a result of Googleâs wrongful acts in an amount subject to proof at trial.
INFRINGEMENT OF U.S. PATENT NO. 7,895,178
23.
On February 22, 2011, United States Patent No. 7,895,178 (the ââ178 patentâ)
was duly and legally issued for an invention entitled âAssociative Search Engine.â Rockstar is
the assignee of the â178 patent and has granted an exclusive license to NetStar, who holds all
rights and interest in the â178 patent. A true and correct copy of the â178 patent is attached
hereto as Exhibit E.
24.
Google has infringed and continues to infringe the â178 patent by its manufacture,
use, sale, importation, and/or offer for sale of systems, methods, products, and processes for
matching search terms with relevant advertising and/or information based on those search terms
and other user data, including but not limited to Googleâs process of receiving search requests
from a user, using its search engine to generate search results based at least in part on the search
request, selectingâthrough Googleâs AdWords and/or any other products, methods, systems, or
services Google uses to store and choose relevant advertisingâa relevant advertisement based
on the search request and/or user data, and providing the search results together with the
particular advertisement to the user; and additionally Googleâs systems, methods, products, and
processes of using other user data aside from the search request to help select the search result
and/or advertisement; and additionally and alternatively its contributing to and inducement of
others to manufacture, use, sell, import, and/or offer for sale infringing systems, methods,
products, and processes in the manners described above. Google is liable for its infringement of
the â178 patent pursuant to 35 U.S.C. § 271.
25.
Googleâs acts of infringement have caused damage to Plaintiffs, and Plaintiffs are
entitled to recover from Google the damages sustained by Rockstar, NetStar, and Rockstarâs
predecessor assignees as a result of Googleâs wrongful acts in an amount subject to proof at trial.
7. Case 2:13-cv-00893-JRG-RSP Document 1 Filed 10/31/13 Page 7 of 10 PageID #: 7
INFRINGEMENT OF U.S. PATENT NO. 7,895,183
26.
On February 22, 2011, United States Patent No. 7,895,183 (the ââ183 patentâ)
was duly and legally issued for an invention entitled âAssociative Search Engine.â Rockstar is
the assignee of the â183 patent and has granted an exclusive license to NetStar, who holds all
rights and interest in the â183 patent. A true and correct copy of the â183 patent is attached
hereto as Exhibit F.
27.
Google has infringed and continues to infringe the â183 patent by its manufacture,
use, sale, importation, and/or offer for sale of systems, methods, products, and processes for
matching search terms with relevant advertising and/or information based on those search terms
and other user data, including but not limited to Googleâs process of receiving search requests
from a user, using its search engine to generate search results based at least in part on the search
request, selectingâthrough Googleâs AdWords and/or any other products, methods, systems, or
services Google uses to store and choose relevant advertisingâa relevant advertisement based
on the search request and/or user data, and providing the search results together with the
particular advertisement to the user; and additionally Googleâs systems, methods, products, and
processes of using other user data aside from the search request to help select the search result
and/or advertisement; and additionally and alternatively its contributing to and inducement of
others to manufacture, use, sell, import, and/or offer for sale infringing systems, methods,
products, and processes in the manners described above. Google is liable for its infringement of
the â183 patent pursuant to 35 U.S.C. § 271.
28.
Googleâs acts of infringement have caused damage to Plaintiffs, and Plaintiffs are
entitled to recover from Google the damages sustained by Rockstar, NetStar, and Rockstarâs
predecessor assignees as a result of Googleâs wrongful acts in an amount subject to proof at trial.
INFRINGEMENT OF U.S. PATENT NO. 7,933,883
29.
On April 26, 2011, United States Patent No. 7,933,883 (the ââ883 patentâ) was
duly and legally issued for an invention entitled âAssociative Search Engine.â Rockstar is the
assignee of the â883 patent and has granted an exclusive license to NetStar, who holds all rights
8. Case 2:13-cv-00893-JRG-RSP Document 1 Filed 10/31/13 Page 8 of 10 PageID #: 8
and interest in the â883 patent. A true and correct copy of the â883 patent is attached hereto as
Exhibit G.
30.
Google has infringed and continues to infringe the â883 patent by its manufacture,
use, sale, importation, and/or offer for sale of systems, methods, products, and processes for
matching search terms with relevant advertising and/or information based on those search terms
and other user data, including but not limited to Googleâs process of receiving search requests
from a user, using its search engine to generate search results based at least in part on the search
request, selectingâthrough Googleâs AdWords and/or any other products, methods, systems, or
services Google uses to store and choose relevant advertisingâa relevant advertisement based
on the search request and/or user data, and providing the search results together with the
particular advertisement to the user; and additionally Googleâs systems, methods, products, and
processes of using other user data aside from the search request to help select the search result
and/or advertisement; and additionally and alternatively its contributing to and inducement of
others to manufacture, use, sell, import, and/or offer for sale infringing systems, methods,
products, and processes in the manners described above. Google is liable for its infringement of
the â883 patent pursuant to 35 U.S.C. § 271.
31.
Googleâs acts of infringement have caused damage to Plaintiffs, and Plaintiffs are
entitled to recover from Google the damages sustained by Rockstar, NetStar, and Rockstarâs
predecessor assignees as a result of Googleâs wrongful acts in an amount subject to proof at trial.
WILLFUL INFRINGEMENT
32.
Googleâs infringement of any or all of the above-named patents is willful and
deliberate, entitling Plaintiffs to increased damages under 35 U.S.C. § 284 and to attorneysâ fees
and costs incurred in prosecuting this action under 35 U.S.C. § 285.
33.
Despite losing in its attempt to acquire the patents-in-suit at auction, Google has
infringed and continues to infringe the patents-in-suit despite its knowledge of the patents-in-suit
and the objectively high likelihood that its actions constitute patent infringement.
9. Case 2:13-cv-00893-JRG-RSP Document 1 Filed 10/31/13 Page 9 of 10 PageID #: 9
JURY DEMAND
34.
Plaintiffs demand a trial by jury on all issues.
PRAYER FOR RELIEF
WHEREFORE, Plaintiffs ROCKSTAR CONSORTIUM US LP and NETSTAR
TECHNOLOGIES LLC request entry of judgment in their favor and against Defendant Google,
Inc. as follows:
a)
Declaration that Google has infringed U.S. Patent Nos. 6,098,065; 7,236,969;
7,469,245; 7,672,970; 7,895,178; 7,895,183; and 7,933,883;
b)
Declaration that Googleâs infringement has been willful and enhanced damages
and fees as a result of that willfulness under 35 U.S.C. § 284;
c)
Awarding the past and future damages arising out of Googleâs infringement of
U.S. Patent Nos. 6,098,065; 7,236,969; 7,469,245; 7,672,970; 7,895,178; 7,895,183; and
7,933,883 to Plaintiffs together with prejudgment and post-judgment interest, in an amount
according to proof;
d)
Awarding attorneysâ fees, costs, or other damages pursuant to 35 U.S.C. §§ 284 or
285 or as otherwise permitted by law; and
e)
For such other costs and further relief as the Court may deem just and proper.
10. Case 2:13-cv-00893-JRG-RSP Document 1 Filed 10/31/13 Page 10 of 10 PageID #: 10
DATED: October 31, 2013
Respectfully submitted,
By: /s/ Max L. Tribble, Jr.
Max L. Tribble, Jr. â Lead Counsel
State Bar No. 20213950
Alexander L. Kaplan
State Bar No. 24046185
SUSMAN GODFREY L.L.P.
1000 Louisiana Street, Suite 5100
Houston, Texas 77002
Telephone: (713) 651-9366
Facsimile: (713) 654-6666
mtribble@susmangodfrey.com
akaplan@susmangodfrey.com
Justin A. Nelson, State Bar No. 24034766
Parker C. Folse, III, WA State Bar No. 24895
SUSMAN GODFREY L.L.P.
1201 Third Avenue, Suite 3800
Seattle, Washington 98101
Telephone: (206) 516-3880
Facsimile: (206) 516-3883
jnelson@susmangodfrey.com
pfolse@susmangodfrey.com
Attorneys for Rockstar Consortium US LP and NetStar
Technologies LLC