Case 2:17-cv-00465 Document 1 Filed 06/01/17 Page 1 of 48 PageID #: 1 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION UNILOC USA, INC. and UNILOC § LUXEMBOURG S.A., § § CIVIL ACTION NO. 2:17-cv-465 Plaintiffs, § JURY TRIAL DEMANDED § v. § § GOOGLE, INC., § § Defendant. § § ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT Plaintiffs, Uniloc USA, Inc. and Uniloc Luxembourg, S.A. (together “Uniloc”), as and for their original complaint against defendant, Google, Inc. (“Defendant”), allege as follows: THE PARTIES 1. Uniloc USA, Inc. (“Uniloc USA”) is a Texas corporation having a principal place of business at Legacy Town Center I, Suite 380, 7160 Dallas Parkway, Plano Texas 75024. Uniloc also maintains a place of business at 102 N. College, Suite 603, Tyler, Texas 75702. 2. Uniloc Luxembourg S.A. (“Uniloc Luxembourg”) is a Luxembourg public limited liability company having a principal place of business at 15, Rue Edward Steichen, 4th Floor, L- 2540, Luxembourg (R.C.S. Luxembourg B159161). 3. Uniloc Luxembourg owns several patents in the field of text/voice instant messaging. 4. Upon information and belief, Defendant is a Delaware corporation having a principal place of business in Mountain View, California and offers its products, including those accused herein of infringement, to customers and/or potential customers located in Texas and in the judicial Eastern District of Texas. Among other things, Defendant engages in marketing 1 Case 2:17-cv-00465 Document 1 Filed 06/01/17 Page 2 of 48 PageID #: 2 activities that promote the use of the Google Hangouts app and its associated system. Defendant may be served with process through its registered agent: Corporation Service Company, 211 E. 7th Street Suite 620 Austin, TX 78701-3218. 5. Upon information and belief, Defendant has multiple locations in Texas, including offices in Austin and Dallas, as shown below. Source: https://careers.google.com/locations/ 6. Upon information and belief, via the Google Hangouts app and its associated system, Google allows individuals to communicate with one another, including communications between two or more residents in the Eastern District of Texas. 7. Upon information and belief, Defendant maintains highly interactive and commercial websites, accessible to residents of Texas and the Eastern District of Texas, through which Defendant promotes its products and services, including the Google Hangouts app and services that infringe the patents-in-suit. Defendant’s websites solicit users and do business directly with residents of the Eastern District of Texas to create a user account and a Gmail email 2 Case 2:17-cv-00465 Document 1 Filed 06/01/17 Page 3 of 48 PageID #: 3 address; create an address book of contacts of friends, family, and business associates; participate in interactive messaging with other users; participate in interactive video conferencing with other users; and make voice calls using an interactive software dialer to other users as well as to non- user phone numbers in the United States, Canada, and internationally. Further, Defendant’s website also accepts payment from residents of the Eastern District of Texas (via payments.google.com) to make long distance and international calls. 8. The following presents just some of the products and services provided to residents in the Eastern District of Texas. 3 Case 2:17-cv-00465 Document 1 Filed 06/01/17 Page 4 of 48 PageID #: 4 4 Case 2:17-cv-00465 Document 1 Filed 06/01/17 Page 5 of 48 PageID #: 5 5 Case 2:17-cv-00465 Document 1 Filed 06/01/17 Page 6 of 48 PageID #: 6 Source: https://www.google.com/intl/en/about/products/ Source: https://play.google.com/store/apps/details?id=com.google.android.apps.googlevoice 6 Case 2:17-cv-00465 Document 1 Filed 06/01/17 Page 7 of 48 PageID #: 7 7 Case 2:17-cv-00465 Document 1 Filed 06/01/17 Page 8 of 48 PageID #: 8 Source: https://www.android.com/ Source: https://fi.google.com/about/ 9. Upon information and belief, advertising is among Defendant’s primary businesses, and advertising is implemented in Defendant’s highly interactive search engine website by directly interacting with users in the Eastern District of Texas. And as shown below, the overwhelming majority of Defendant’s revenues come from its proprietary advertising products and services, and most of that overwhelming majority of revenue comes from users’ 8 Case 2:17-cv-00465 Document 1 Filed 06/01/17 Page 9 of 48 PageID #: 9 interactions with Defendant’s own highly interactive websites. Source: http://www.investopedia.com/articles/investing/020515/business-google.asp 10. Upon information and belief, Defendant’s advertising products and services are implemented by means including Defendant’s AdSense and AdWords products, as well as through Defendant’s Advertising ID and User-ID features. For example, as shown below, Defendant’s search engine website interacts directly with users through the User-ID feature by associating one or more web browser sessions with a unique and persistent ID that is sent to Defendant’s Google Analytics servers. Source: https://support.google.com/analytics/answer/3123662 11. Further, Defendant’s highly interactive search engine website also directly interacts with and tracks users in the Eastern District of Texas through Defendant’s Conversion Tracking feature. Conversion Tracking tracks the actions of a user after the user clicks on an ad by Defendant storing a cookie on the user’s computer. The cookie is used to track user activities 9 Case 2:17-cv-00465 Document 1 Filed 06/01/17 Page 10 of 48 PageID #: 10 including determining whether the user purchased a product, signed up for a newsletter, called a business, or downloaded an app. As shown below, Defendant groups the activities that Conversion Tracking records into at least four categories: Website actions, Phone calls, App installs and in- app actions, and offline activity. Source: https://support.google.com/adwords/answer/1722022?hl=en&ref_topic=3119146 12. Upon information and belief, in addition to the direct interactivity with users through advertising, User-ID tracking, and Conversion Tracking described above, Defendant further records and saves a multitude of data and information from its direct and indirect interactions with users in the Eastern District of Texas, including recording and saving every voice 10