F & G Research, Inc. v. Google, Inc. - Document No. 4

F & G Research, Inc. v. Google, Inc. Doc.
4
Case 0:06-cv-60905-CMA Document 4 Entered on FLSD Docket 07/06/2006 Page 1 of 23
Jul 6 2006
UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA
Case No.: 06-60905-CIV-ALTONAGA/Turnoff
F & G RESEARCH, INC.,
Plaintiff,
vs.
GOOGLE INC.,
Defendant.
AMENDED COMPLAINT FOR PATENT INFRINGEMENT
Plaintiff, F & G Research, Inc. ("F&G"), by and through its undersigned counsel, brings
this action against Defendant, Google Inc. ("Google"), for patent infringement and alleges as
follows:
THE PARTIES
1. Plaintiff, F&G is a corporation organized under the laws of the State of Florida,
with its principal place of Business located at Naples and Fort Lauderdale, Florida
2. Upon information and belief, Defendant, Google is a corporation organized under
the laws of the State of Delaware, with its principal place of business located at Mountain View,
California.
JURISDICTION AND VENUE
3. This Court has subject matter jurisdiction over this action under 28 U.S.C. §§ 1331
and 1338(a), in that this is an action for patent infringement arising under the united States Patent
Laws at Title 35, United States Code, 35 U.S.C. §§ 271et seq.
1
1 of 23
Dockets.Justia.com4
4. Defendant has committed acts of patent infringement in the Federal District for the
Southern District of Florida and elsewhere throughout the United States.
5. Venue is proper in this Court pursuant to 28 U.S.C. § 1391(d).
PATENT INFRINGMENT
6. On May 17, 1994, U.S. Patent No 5,313,229 (“the 229 patent”) was duly and
legally issued to Federico U. Gilligan and Fernando D. Falcon for an invention entitled MOUSE
AND METHOD FOR CONCURRENT CURSOR POSITION AND SCROLLING CONTROL.
F&G is the owner of the entire right, title, and interest in and to the ‘229 patent by virtue of an
assignment. A copy of the ‘229 patent is attached as Exhibit A.
7. On information and belief, Defendant is willfully and deliberately infringing the
‘229 patent by distributing within the United States, software compatible with the scrolling
mouse of the ‘229 patent.
8. The Defendant’s software is distributed without permission or license from F&G.
9. The use of Defendant’s software falls within the scope of at least one claim of the
‘229 patent, thereby its actions constitute acts of infringement of the patent.
10. As a direct and proximate result of Defendant’s infringement of the ‘229 patent,
F&G has suffered and continues to suffer damages, which will continue unless such acts of
infringement are enjoined by the Court.
11. Specifically, Defendant Google has provided within this District and elsewhere,
software compatible with the scrolling mouse of the ‘229 patent, specifically for use as part of
the method covered by the ‘229 patent. Such software constitutes a material part of the invention
covered by the ‘229 patent and is not a staple article or commodity of commerce suitable for
substantial noninfringing use and therefore, the use of the software in conjunction with a
2
2 of 23
scrolling mouse, constitutes an infringement of the ‘229 patent under 35 U.S.C. § 271(c).
12. Defendant Google, through its provision of the software induces infringement
under 35 U.S.C. § 271(b) by a user of the mouse and software in combination.
WHEREFORE, F & G Research, Inc. prays that judgment be in its favor and an award of
the following relief:
a. permanent injunctive relief prohibiting Defendant, its agents, employees,
licensees, and all those in privity with Defendant from engaging in acts of
infringement of the ‘229 patent;
b. an award of all damages recoverable under the United States Patent Laws;
c. an award of treble damages for Defendant’s willful infringement;
d. an award of attorneys’ fees to the extent permitted under 35 U.S.C. 285;
e. an award of all taxable costs; and
f. such other and further legal and equitable relief as the Court deems appropriate
JURY DEMAND
Plaintiff hereby demands trial by jury on any and all issues so triable.
Dated: July 6 2006 Respectfully Submitted,

Fort Lauderdale, Florida
/s/ Allen D. Brufsky .
Allen D. Brufsky, Esq.

Florida Bar No. 133980
abrufsky@cwiplaw.com
CHRISTOPHER & WEISBERG, P.A.
200 East Las Olas Boulevard, Suite 2040
Fort Lauderdale, Florida 33301
Telephone: (954) 828-1488
Facsimile: (954) 828-9122
Attorneys for Plaintiff, F & G Research, Inc.
3
3 of 23
CERTIFICATE OF SERVICE
WE HEREBY CERTIFY that a true and correct copy of the foregoing AMENDED
COMPLAINT FOR PATENT INFRINGEMENT, is being deposited with the United States
Postal Service in First Class postage-paid envelopes this 6th , day of June, 2006, addressed to:
Corporation Service Company d/b/a

CSC – Lawyers Incorporating Service
Registered Agent for GOOGLE INC.
P.O. Box 526036
Sacramento, CA 95852-6036
Michelle Lee, Esq.

GOOGLE INC.
1600 Amphitheatre Parkway
Mountain View, California 94043
/s/ Allen D. Brufsky

Allen D. Brufsky, Esq.
57486
4
4 of 23
5 of 23
6 of 23
7 of 23
8 of 23
9 of 23
10 of 23
11 of 23
12 of 23
13 of 23
14 of 23
15 of 23
16 of 23
17 of 23
18 of 23
19 of 23
20 of 23
21 of 23
22 of 23
23 of 23

F &amp; G Research, Inc. v. Google, Inc. - Document No. 4

Enviado por

Dados do documento

Direitos autorais

Formatos disponíveis

Compartilhar este documento

Compartilhar ou incorporar documento

Opções de compartilhamento

Você considera este documento útil?

Este conteúdo é inapropriado?

Direitos autorais:

Formatos disponíveis

F &amp; G Research, Inc. v. Google, Inc. - Document No. 4

Enviado por

Direitos autorais:

Formatos disponíveis

F & G Research, Inc. v. Google, Inc. Doc.

UNITED STATES DISTRICT COURT

Case No.: 06-60905-CIV-ALTONAGA/Turnoff

F & G RESEARCH, INC.,

AMENDED COMPLAINT FOR PATENT INFRINGEMENT

2. Upon information and belief, Defendant, Google is a corporation organized under

JURISDICTION AND VENUE

Laws at Title 35, United States Code, 35 U.S.C. §§ 271et seq.

Southern District of Florida and elsewhere throughout the United States.

5. Venue is proper in this Court pursuant to 28 U.S.C. § 1391(d).

AND METHOD FOR CONCURRENT CURSOR POSITION AND SCROLLING CONTROL.

assignment. A copy of the ‘229 patent is attached as Exhibit A.

7. On information and belief, Defendant is willfully and deliberately infringing the

mouse of the ‘229 patent.

8. The Defendant’s software is distributed without permission or license from F&G.

infringement are enjoined by the Court.

under 35 U.S.C. § 271(b) by a user of the mouse and software in combination.

the following relief:

a. permanent injunctive relief prohibiting Defendant, its agents, employees,

infringement of the ‘229 patent;

c. an award of treble damages for Defendant’s willful infringement;

d. an award of attorneys’ fees to the extent permitted under 35 U.S.C. 285;

e. an award of all taxable costs; and

Dated: July 6 2006 Respectfully Submitted,

/s/ Allen D. Brufsky .

Allen D. Brufsky, Esq.

Corporation Service Company d/b/a

Michelle Lee, Esq.

/s/ Allen D. Brufsky

Você também pode gostar

F & G Research, Inc. v. Google, Inc. - Document No. 4

F & G Research, Inc. v. Google, Inc. - Document No. 4