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Case 3:17-cv-04600 Document 1 Filed 08/10/17 Page 1 of 17 1 QUINN EMANUEL URQUHART & SULLIVAN, LLP Sean S. Pak (Bar No. 219032 (CA)) 2 [email protected] Brian E. Mack (Bar No. 275086 (CA)) 3 [email protected] 50 California Street, 22nd Floor 4 San Francisco, California 94111 (415) 875-6600 5 (415) 875-6700 (facsimile) 6 Attorneys for Plaintiff GOOGLE INC. 7 8 9 UNITED STATES DISTRICT COURT 10 NORTHERN DISTRICT OF CALIFORNIA 11 GOOGLE INC., CASE NO. ________________________ 12 Plaintiff, COMPLAINT FOR DECLARATORY JUDGMENT OF NON-INFRINGEMENT 13 vs. DEMAND FOR JURY TRIAL 14 SEVEN NETWORKS, LLC, REDACTED VERSION OF DOCUMENT 15 SOUGHT TO BE SEALED Defendant. 16 17 18 Plaintiff Google Inc. (“Google”) seeks a declaratory judgment of non-infringement of 19 United States Patent Nos. 8,078,158, 8,811,952, 9,247,019, 9,325,600, 9,351,254, 9,386,433, 20 9,444,812, 9,516,127, 9,516,129, and 9,553,816 as follows: 21 22 23 24 25 26 27 28 COMPLAINT FOR DECLARATORY JUDGMENT OF NON-INFRINGEMENT Case 3:17-cv-04600 Document 1 Filed 08/10/17 Page 2 of 17 1 NATURE OF THE ACTION 2 1. This is an action for a declaratory judgment of non-infringement arising under the 3 patent laws of the United States, Title 35 of the United States Code. Plaintiff Google Inc. 4 (“Google”) requests this relief because Defendant SEVEN Networks, LLC (“SEVEN”) has filed 5 lawsuits claiming that Google infringes United States Patent Nos. 8,078,158 (“the ’158 patent”), 6 8,811,952 (“the ’952 patent”), 9,247,019 (“the ’019 patent”), 9,325,600 (“the ’600 patent”), 7 9,351,254 (“the ’254 patent”), 9,386,433 (“the ’433 patent”), 9,444,812 (“the ’812 patent”), 8 9,516,127 (“the ’127 patent”), 9,516,129 (“the ’129 patent”), and 9,553,816 (“the ’816 patent”) 9 (the “Asserted Patents”) by making, using, selling, offering for sale, or importing products and 10 services that infringe one or more claims of the Asserted Patents. (Ex. A.) The accused products 11 and services include features of mobile devices, such as the Pixel, Pixel C, Nexus 5X, and Nexus 12 6P, the Google Play Store, and Google’s “registration and 2-Step Verification process” 13 (collectively, the “Accused Google Products”). SEVEN also alleges that Google contributes to 14 the infringement of its customers and partners by “provid[ing] its Android operating system to 15 companies, such as Samsung, that use the operating system on mobile products” (collectively, the 16 “Accused Third Party Products”). (Id. ¶¶ 32, 39, 46, 53, 68, 75, 82.) 17 2. SEVEN’s litigation campaign has placed a cloud on these and other products and 18 services; has accused Google and Google’s customers and partners of infringing products and 19 services distributed by Google; and has created a justiciable controversy between Google and 20 SEVEN. 21 THE PARTIES 22 3. Google is a corporation organized and existing under the laws of the state of 23 Delaware, with its principal place of business at 1600 Amphitheatre Parkway, Mountain View, 24 California, 94043. Google has provided and provides products and services, including the 25 Accused Google Products. 26 4. On information and belief, SEVEN Networks, Inc. is the predecessor of Defendant 27 SEVEN Networks, LLC and is the original assignee of the Asserted Patents. On information and 28 belief, SEVEN Networks, Inc. was founded in 2000 and headquartered in Redwood City, -1- COMPLAINT FOR DECLARATORY JUDGMENT OF NON-INFRINGEMENT Case 3:17-cv-04600 Document 1 Filed 08/10/17 Page 3 of 17 1 California and/or San Carlos, California at the time the Asserted Patents were filed and being 2 prosecuted. On information and belief, SEVEN Networks, Inc. converted to a Delaware limited 3 liability company, Defendant SEVEN Networks, LLC in July 2015. (Ex. B at 12.) 4 5. On information and belief, SEVEN Networks, LLC had its principal place of 5 business and headquarters located in San Carlos, California, which is within this District, until 6 December 2015. On information and belief, SEVEN Networks, LLC opened a small office in 7 Marshall, Texas in the summer of 2015 and moved its headquarters there at the end of 2015. On 8 information and belief, SEVEN Networks, LLC is currently a wholly owned subsidiary of CF 9 SVN LLC, which is a Delaware limited liability company with a registered address of 1209 10 Orange Street, Wilmington, Delaware 19801. On information and belief, a true and correct copy 11 of SEVEN Network Inc.’s Corporate Structure Tree obtained from S&P Capital IQ, showing the 12 location of SEVEN Network Inc.’s headquarters in San Carlos, California is attached hereto as 13 Exhibit C. Attached as Exhibit D is a true and correct copy of Bloomberg’s company snapshot 14 for SEVEN Networks, Inc. showing the location of its headquarters as 959 Skyway Road in San 15 Carlos, California. 16 JURISDICTIONAL STATEMENT 17 6. This action arises under the Declaratory Judgment Act, 28 U.S.C. § 2201, and 18 under the patent laws of the United States, 35 U.S.C. §§ 1-390. 19 7. This Court has subject matter jurisdiction over this action under 28 U.S.C. §§ 1331, 20 1338(a), and 2201(a). 21 8. This Court has personal jurisdiction over Defendant SEVEN Networks, LLC. 22 Among other things, on information and belief, SEVEN Networks, LLC and its predecessor, 23 SEVEN Networks, Inc., were previously headquartered in this District. Specifically, on 24 information and belief, SEVEN Networks, Inc., the former owner of the Asserted Patents, was 25 founded in 2000 and was headquartered in Redwood City, California and then San Carlos, 26 California, both of which are within this District. On information and belief, the Asserted Patents 27 were prosecuted while SEVEN Networks, Inc. was headquartered in Redwood City, California 28 and/or San Carlos, California in this District. On information and belief, the founders of SEVEN -2- COMPLAINT FOR DECLARATORY JUDGMENT OF NON-INFRINGEMENT Case 3:17-cv-04600 Document 1 Filed 08/10/17 Page 4 of 17 1 Networks, Inc., Bill Nguyen and Trevor Fiatal, resided and still reside in the San Francisco Bay 2 Area within this District. (Exs. E, F.) On information and belief, SEVEN Networks, Inc. 3 converted to Defendant SEVEN Networks, LLC in July 2015 and was headquartered in San 4 Carlos, California, which is within this District, until late 2015. On information and belief, both 5 members of SEVEN’s current “management team”—SEVEN’s President and CEO, Dr. Ross Bott, 6 and SEVEN’s SVP of Analytics and Market Development, Ari Backholm—also currently reside 7 and work in the Northern District of California. (Exs. G, H, I.) 8 9. This Court also has personal jurisdiction over the Defendant SEVEN Networks, 9 LLC because it has purposefully directed into California licensing and enforcement activities 10 regarding its patents, including the Asserted Patents. 11 12 13 14 15 16 17 10. 18 19 20 11. SEVEN Networks, Inc., which, on information and belief, is a predecessor of 21 SEVEN Networks, LLC, and SEVEN Networks International OY, a subsidiary of SEVEN 22 Networks, Inc., have previously litigated in this District, including in Seven Networks, Inc. v. Visto 23 Corporation, No. 3:2004-cv-01641; Seven Networks, Inc. et al. v. Visto Corporation, No. 3:2006- 24 cv-03650; and Seven Networks International OY v. Visto Corporation, No. 5:2007-cv-00783. 25 Accordingly, Defendant SEVEN Networks, LLC, through its own actions and the actions of its 26 predecessor, has purposefully availed itself of the jurisdiction of the Northern District of 27 California, and has submitted to the jurisdiction of this Court on multiple prior occasions. 28 -3- COMPLAINT FOR DECLARATORY JUDGMENT OF NON-INFRINGEMENT Case 3:17-cv-04600 Document 1 Filed 08/10/17 Page 5 of 17 1 12. This Court also has personal jurisdiction over SEVEN Networks, LLC because 2 SEVEN Networks, LLC and its predecessor, SEVEN Networks, Inc., have had continuous and 3 systematic business contacts with California. As set forth above, SEVEN Networks, LLC and its 4 predecessor, SEVEN Networks, Inc., were previously headquartered in this District. Specifically, 5 on information and belief, SEVEN Networks, Inc., the original assignee of all of the Asserted 6 Patents, was founded in 2000 and was headquartered in Redwood City, California and then San 7 Carlos, California, both of which are within this District. SEVEN Networks, Inc. converted to 8 Defendant SEVEN Networks, LLC in July 2015 and was headquartered in San Carlos, California, 9 which is within this District, until late 2015. Only in August 2015 did SEVEN Networks, LLC 10 open a small office in Marshall, Texas before officially announcing the relocation of its 11 headquarters to Marshall in December 2015. (Ex. J.) On information and belief, all or nearly all 12 the conception, design, and research and development related to the Asserted Patents occurred in 13 this District during the fifteen years SEVEN was headquartered in this District. On information 14 and belief, none of the conception, design, or research and development related to the Asserted 15 Patents occurred in Texas or after SEVEN moved its headquarters to Marshall, Texas in late 2015. 16 Many of the patents-in-suit were assigned from SEVEN Networks, Inc. to SEVEN Networks, 17 LLC while both entities were based in California. (Ex. B at 2, 3, 6, and 7.) As also set forth 18 above, on information and belief, both members of SEVEN’s current management team, including 19 its President & CEO, Dr.

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