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Walker Digital v Google

Walker Digital v Google

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Walker Digital's patent infringement complaint against Google accusing Google Offers
Walker Digital's patent infringement complaint against Google accusing Google Offers

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Published by: pandersonpllc on Apr 22, 2011
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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

WALKER DIGITAL, LLC Plaintiff, v. GOOGLE INC. Defendant. Civil Action No. ___________ JURY TRIAL DEMANDED

COMPLAINT FOR PATENT INFRINGEMENT 1. Plaintiff Walker Digital, LLC, (“Walker Digital”) files this complaint for patent

infringement against defendant Google Inc. THE PARTIES 2. Walker Digital is a Delaware limited liability company with its principal place of Walker Digital is a world-

business located at 2 High Ridge Park, Stamford, CT 06905.

renowned research and development laboratory responsible for launching several successful businesses, including Priceline.com and Synapse, Inc. 3. On information and belief, defendant Google Inc. (“Google”) is a Delaware

corporation with its corporate headquarters and principal place of business at 1600 Amphitheater Parkway, Mountain View, California, 94043. JURISDICTION AND VENUE 4. This action arises under the patent laws of the United States, Title 35 of the

United States Code. This Court has subject matter jurisdiction under 28 U.S.C. §§ 1331 and 1338(a). 5. On information and belief, Google is subject to this Court’s jurisdiction because

Google has transacted business in this district, including, more specifically, directly and/or

through intermediaries, making, using, importing, offering for sale and/or selling products and services in the State of Delaware (including via the provision of such goods and services over the Internet). Google, upon information and belief, is doing substantial business in this District, and has committed acts of patent infringement in this District. In addition, Google is a corporation organized and existing under the laws of the State of Delaware. 6. Venue is proper in this district under 28 U.S.C. §§ 1391(b) and (c), and 1400(b). THE ASSERTED PATENTS 7. On June 19, 2001, the United States Patent and Trademark Office (“USPTO”)

duly and legally issued U.S. Patent No. 6,249,772 (the “‘772 patent”), entitled “Systems And Methods Wherein A Buyer Purchases A Product At A First Price And Acquires The Product From A Merchant That Offers The Product For Sale At A Second Price” to Jay S. Walker, James A. Jorasch, and Andrew S. Van Luchene, who assigned their rights and interests in the ‘772 patent to Walker Digital. A true and correct copy of the ‘772 patent is attached as Exhibit A. 8. On June 22, 2004, the USPTO duly and legally issued U.S. Patent No. 6,754,636

(the “‘636 patent”), entitled “Purchasing Systems And Methods Wherein A Buyer Takes Possession At A Retailer Of A Product Purchased Using A Communication Network,” to Jay S. Walker, Andrew S. Van Luchene, Magdalena Mik, and Daniel E. Tedesco, who assigned their rights and interests in the ‘636 patent to Walker Digital. A true and correct copy of the ‘636 patent is attached as Exhibit B. 9. On May 2, 2006, the USPTO duly and legally issued U.S. Patent No. 7,039,603

(the “‘603 patent”), entitled “Settlement Systems And Methods Wherein A Buyer Takes Possession At A Retailer Of A Product Purchased Using A Communication Network,” to Jay S. Walker, Jonothan Otto, Andrew S. Van Luchene, Magdalena Mik, Daniel E. Tedesco, and Ian

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Levitan, who assigned their rights and interests in the ‘603 patent to Walker Digital. A true and correct copy of the ‘603 patent is attached as Exhibit C. 10. On March 30, 2010, the USPTO duly and legally issued U.S. Patent No.

7,689,468 (the “‘468 patent”), entitled “Purchasing, Redemption And Settlement Systems And Methods Wherein A Buyer Takes Possession At A Retailer Of A Product Purchased Using A Communication Network,” to Jay S. Walker, Andrew S. Van Luchne, Magdalena M. Fincham, and Daniel E. Tedesco, who assigned their rights and interests in the ‘468 patent to Walker Digital. A true and correct copy of the ‘468 patent is attached as Exhibit D. 11. Walker Digital is the owner of the ‘772, ‘636, ‘603 and ‘468 patents (collectively,

the “Asserted Patents”). FACTUAL BACKGROUND 12. Walker Digital is a research and development laboratory that has invested many

millions of dollars in its intellectual property. Walker Digital is comprised of a diverse group of inventors who solve business problems by analyzing human behavior and designing innovative solutions incorporating modern information technologies. The novel inventions developed by the Walker Digital team are reflected in a portfolio of more than 200 U.S. and international patents in a wide range of industries that includes retail, vending, credit cards, security, gaming, educational testing, and entertainment. 13. Jay S. Walker, the chairman of Walker Digital, is a named inventor of more than

450 issued and pending U.S. and international patents, including each of the Asserted Patents. Mr. Walker is best known as the founder of Priceline.com, which revolutionized the travel industry through unprecedented technology, with the end result of bringing huge savings in airfare, hotel and car rental rates, and other travel related goods and services to every-day

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consumers. The systems at the heart of Priceline.com’s success were developed in the research and development laboratory of Walker Digital. 14. Development of the inventions conceived by Mr. Walker and the Walker Digital

team of inventors would not have been possible without substantial financial investments made by Walker Digital. Funds invested by Walker Digital have been used for many things, including the construction of laboratory facilities utilized to develop and test new inventions. Many of the inventions developed at the Walker Digital laboratories have led to successful businesses, including Priceline.com and Synapse, Inc. Revolutionary technologies, including the systems and methods for purchasing a product online at a first price and acquiring the product from a merchant that offers the product for sale at a second price, as described and claimed in the Asserted Patents, were a direct result of investments made by Walker Digital. 15. The Asserted Patents represent breakthroughs in the field of electronic commerce. COUNT I (Infringement of the ‘772) 16. Walker Digital incorporates and realleges the allegations of paragraphs 1-15 as

are fully set forth above. 17. Upon information and belief, Google is infringing (literally and/or under the

doctrine of equivalents) the ‘772 patent in this District and throughout the United States by, among other things, making, using, importing, offering for sale and/or selling products and services on its Google Offers website located at https://www.google.com/offers, which practices one or more of the claims of the ‘772 patent. For instance, upon information and belief, Google offers buyers products and services from retailers at discounted prices and arranges for users to take possession of the goods or services at the retailers’ locations. An sample of a Google offering is provided below: -4-

18. 19.

Google committed its acts of infringement without license or authorization. As a result of Google’s infringement of the ‘772 patent, Walker Digital has

suffered monetary damages in an amount not yet determined, and will continue to suffer damages in the future unless Google’s infringing activities are enjoined by this Court. 20. Walker Digital has suffered and will continue to suffer severe and irreparable

harm unless this Court issues a permanent injunction prohibiting Google, its agents, servants, employees, representatives, and all others acting in active concert therewith from infringing the ‘772 patent. COUNT II (Infringement of the ‘636 Patent)

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21.

Walker Digital incorporates and realleges the allegations of paragraphs 1-21 as

are fully set forth above. 22. Upon information and belief, Google is infringing (literally and/or under the

doctrine of equivalents) the ‘636 patent in this District and throughout the United States by, among other things, making, using, importing, offering for sale and/or selling products and services on its Google Offers website located at https://www.google.com/offers, which practices one or more of the claims of the ‘636 patent. 23. 24. Google committed its acts of infringement without license or authorization. As a result of Google’s infringement of the ‘636 patent, Walker Digital has

suffered monetary damages in an amount not yet determined, and will continue to suffer damages in the future unless Google’s infringing activities are enjoined by this Court. 25. Walker Digital has suffered and will continue to suffer severe and irreparable

harm unless this Court issues a permanent injunction prohibiting Google, its agents, servants, employees, representatives, and all others acting in active concert therewith from infringing the ‘636 patent. COUNT III (Infringement of the ‘603 Patent) 26. Walker Digital incorporates and realleges the allegations of paragraphs 1-25 as

are fully set forth above. 27. Upon information and belief, Google is infringing (literally and/or under the

doctrine of equivalents) the ‘603 patent in this District and throughout the United States by, among other things, making, using, importing, offering for sale and/or selling products and services on Google Offers website located at https://www.google.com/offers, which practices one or more of the claims of the ‘603 patent. -6-

28. 29.

Google committed its acts of infringement without license or authorization. As a result of Google’s infringement of the ‘603 patent, Walker Digital has

suffered monetary damages in an amount not yet determined, and will continue to suffer damages in the future unless Google’s infringing activities are enjoined by this Court. 30. Walker Digital has suffered and will continue to suffer severe and irreparable

harm unless this Court issues a permanent injunction prohibiting Google, its agents, servants, employees, representatives, and all others acting in active concert therewith from infringing the ‘603 patent. COUNT IV (Infringement of the ‘468 Patent) 31. Walker Digital incorporates and realleges the allegations of paragraphs 1-30 as

are fully set forth above. 32. Upon information and belief, Google is infringing (literally and/or under the

doctrine of equivalents) the ‘468 patent in this District and throughout the United States by, among other things, making, using, importing, offering for sale and/or selling products and services on its Google Offers website located at https://www.google.com/offers, which practices one or more of the claims of the ‘468 patent. 33. 34. Google committed its acts of infringement without license or authorization. As a result of Google’s infringement of the ‘468 patent, Walker Digital has

suffered monetary damages in an amount not yet determined, and will continue to suffer damages in the future unless Google’s infringing activities are enjoined by this Court. 35. Walker Digital has suffered and will continue to suffer severe and irreparable

harm unless this Court issues a permanent injunction prohibiting Google, its agents, servants,

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employees, representatives, and all others acting in active concert therewith from infringing the ‘468 patent. DEMAND FOR JURY TRIAL Plaintiff Walker Digital, under Rule 38 of the Federal Rules of Civil Procedure, requests a trial by jury of any issues so triable by right. PRAYER FOR RELIEF For the above reasons, Walker Digital respectfully requests that this Court grant the following relief in favor of Walker Digital and against Google: (a) A judgment in favor of Walker Digital that Google has directly infringed (either

literally or under the doctrine of equivalents) one or more claims of each of the Asserted Patents; (b) A permanent injunction enjoining Google and its officers, directors, agents,

servants, affiliates, employees, divisions, branches, subsidiaries, parents, and all others acting in active concert or participation with them, from infringing each of the Asserted Patents; (c) A judgment and order requiring Google to pay Walker Digital its damages, costs,

expenses, and pre-judgment and post-judgment interest for Google’s infringement of each of the Asserted Patents; (d) A judgment and order requiring Google to provide an accounting and to pay

supplemental damages to Walker Digital, including, without limitation, pre-judgment interest; (e) A judgment and order finding that this is an exceptional case within the meaning

of 35 U.S.C. § 285 and awarding Walker Digital its reasonable attorneys’ fees; and (f) Any and all such other relief as the Court deems just and proper.

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April 21, 2011

BAYARD, P.A. /s/ Richard D. Kirk Richard D. Kirk (rk0922) Stephen B. Brauerman (sb4952) 222 Delaware Avenue, Suite 900 P.O. Box 25130 Wilmington, DE 19899 rkirk@bayardlaw.com sbrauerman@bayardlaw.com (302) 655-5000 Attorneys for Plaintiff Walker Digital, LLC

Of Counsel: Marc A. Fenster California Bar No. 181067 RUSS, AUGUST & KABAT 12424 Wilshire Boulevard 12th Floor Los Angeles, California 90025 Telephone: 310/826-7474 Facsimile: 310/826-6991 mfenster@raklaw.com

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CIVIL COVER SHEET
The JS-44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON THE REVERSE OF THE FORM.)

I.(a) PLAINTIFF WALKER DIGITAL, LLC

DEFENDANTS GOOGLE, INC.

(b) (c)

County Of Residence Of First Listed Plaintiff

Fairfield County, Connecticut

County Of Residence Of First Listed Defendant Attorneys (If Known)

New Castle County, Delaware

Attorneys (Firm Name, Address And Telephone Number)

II.

Richard D. Kirk (No. 0922) Stephen Brauerman (No. 4952) Bayard, P.A. 222 Delaware Avenue, Suite 900 Wilmington, DE 19899-5130 (302) 655-5000 BASIS OF JURISDICTION

(PLACE AN "X" IN ONE BOX ONLY)

III.CITIZENSHIP OF PRINCIPAL PARTIES
(For Diversity Cases Only) PTF Citizen of This State Citizen of Another State Citizen or Subject of a Foreign Country 1 2 3 DEF 1 2 3

(Place An 'X' In One Box For Plaintiff And One Box For Defendant)

PTF DEF Incorporated or Principal Place of Business in this State Incorporated and Principal Place of Business in Another State Foreign Nation 4 5 6 4 5 6

1

U.S. Government Plaintiff U.S. Government Defendant

3 Federal Question (U.S. Government Not a Party) 4 Diversity (Indicate Citizenship of Parties in Item III)

2

IV.
110 120 130 140 150 151 152

NATURE OF SUIT
CONTRACT
Insurance Marine Miller Act Negotiable Instrument Recovery of Overpayment & Enforcement of Judgment Medicare Act Recovery of Defaulted Student Loans (Excl. Veterans) Recovery of Overpayment of Veteran’s Benefits Stockholders’ Suits Other Contract Contract Property Liability

PLACE AN "X" IN ONE BOX ONLY)
TORTS
PERSONAL INJURY 310 Airplane 315 Airplane Product Liability 320 Assault, Libel & Slander 330 Federal Employers’ Liability 340 Marine 345 Marine Product Liability 350 Motor Vehicle 355 Motor Vehicle Product Liability 360 Other Personal Injury PERSONAL INJURY 362 Personal Injury Med. Malpractice 365 Personal Injury Product Liability 368 Asbestos Personal Injury Product Liability PERSONAL PROPERTY 370 Other Fraud 371 Truth in Lending 380 Other Personal Property Damage 385 Property Damage Product Liability

FORFEITURE/PENALTY
610 Agriculture 620 Other Food & Drug 625 Drug Related Seizure of Property 21 USC 881 630 Liquor Laws 640 RR & Truck 650 Airline Regs 660 Occupational Safety/Health 690 Other

BANKRUPTCY
422 Appeal 28 USC 158 423 Withdrawal 28 USC 157

OTHER STATUTES
400 410 420 450 460 470 810 850 875 891 892 893 894 895 900 State Reapportionment Antitrust Banks and Banking Commerce/ICC Rates/etc. Deportation Racketeer Influenced and Corrupt Organizations Selective Service Securities/Commodities/ Exchange Customer Challenge 12 USC 3410 Agricultural Acts Economic Stabilization Act Environmental Matters Energy Allocation Act Freedom of I Information Act Appeal of Fee Determination Under Equal Access to Justice Constitutionality of State Statutes Other Statutory Actions Appeal to District Judge from Magistrate Judgment

PROPERTY RIGHTS
820 Copyrights 830 Patent 840 Trademark

153 160 190 195

LABOR
710 Fair Labor Standards Act 720 Labor/Mgmt Relations 730 Labor/Mgmt Reporting & Disclosure Act 740 Railway Labor Act 790 Other Labor Litigation 791 Empl Ref Inc Security Act

SOCIAL SECURITY
861 HIA (1395ff) 862 Black Lung (923) 863 DIWC/DIWW (405(g)) 864 SSID Title XVI 865 RSI (405(g)

REAL PROPERTY
210 220 230 240 245 290 Land Condemnation Foreclosure Rent Lease & Ejectment Torts to Land Tort Product Liability All Other Real Property

CIVIL RIGHTS
441 Voting 442 Employment 443 Housing/ Accommodations 444 Welfare 440 Other Civil Rights

PRISONER PETITIONS
510 Motions to Vacate Sentence HABEUS CORPUS: 530 General 535 Death Penalty 540 Mandamus & Other 550 Civil Rights 555 Prison Condition

FEDERAL TAX SUITS
870 Taxes (U.S. Plaintiff or Defendant) 871 IRS Third Party 26 USC 7609

950 890

V. ORIGIN
1 Original Proceeding 2 Removed from State Court 3 Remanded from State Court 4 Reinstated or Reopened 5 Transferred from

another district (specify)

6 Multidistrict Litigation

7

VI. CAUSE OF ACTION

(Cite The U.S. Civil Statute Under Which You Are Filing And Write Brief Statement Of Cause. Do Not Cite Jurisdictional Statutes Unless Diversity)

Action for patent infringement under 35 U.S.C. § 101, et seq.
VII. REQUESTED IN COMPLAINT VIII. RELATEDCASE(S)
DATE

injunctive and declaratory relief and for damages for patent infringement
DEMAND $ CHECK YES only if demanded in complaint JURY DEMAND: YES NO DOCKET NUMBERS 11-317-SLR

CHECK IF THIS IS A CLASS ACTION UNDER F.R.C..P. 23 JUDGE (See instructions)

Sue L. Robinson
SIGNATURE OF ATTORNEY OF RECORD

APRIL 21, 2011
FOR OFFICE USE ONLY RECEIPT # AMOUNT APPLYING IFP

/S/ RICHARD D. KIRK (RK0922)
JUDGE MAG. JUDGE

AO 120 (Rev. 08/10)

TO:

Mail Stop 8 Director of the U.S. Patent and Trademark Office P.O. Box 1450 Alexandria, VA 22313-1450

REPORT ON THE FILING OR DETERMINATION OF AN ACTION REGARDING A PATENT OR TRADEMARK

In Compliance with 35 U.S.C. § 290 and/or 15 U.S.C. § 1116 you are hereby advised that a court action has been filed in the U.S. District Court on the following for the District of Delaware

G Trademarks or
DOCKET NO. PLAINTIFF

✔ G Patents.

(

G

the patent action involves 35 U.S.C. § 292.): U.S. DISTRICT COURT

DATE FILED

4/21/2011
DEFENDANT

for the District of Delaware Google, Inc.

Walker Digital, LLC

PATENT OR TRADEMARK NO. 1 6,249,772 2 6,754,636 3 7,039,603 4 7,689,468 5

DATE OF PATENT OR TRADEMARK

HOLDER OF PATENT OR TRADEMARK

6/19/2001 6/22/2004 5/2/2006 3/30/2010

Walker Digital, LLC Walker Digital, LLC Walker Digital, LLC Walker Digital, LLC

In the above—entitled case, the following patent(s)/ trademark(s) have been included: DATE INCLUDED PATENT OR TRADEMARK NO. 1 2 3 4 5 INCLUDED BY Amendment DATE OF PATENT OR TRADEMARK

G

G

Answer

G

Cross Bill

G

Other Pleading

HOLDER OF PATENT OR TRADEMARK

In the above—entitled case, the following decision has been rendered or judgement issued: DECISION/JUDGEMENT

CLERK

(BY) DEPUTY CLERK

DATE

Copy 1—Upon initiation of action, mail this copy to Director Copy 3—Upon termination of action, mail this copy to Director Copy 2—Upon filing document adding patent(s), mail this copy to Director Copy 4—Case file copy

AO 440 (Rev. 12/09) Summons in a Civil Action

United States District Court for the District of Delaware
WALKER DIGITAL, LLC Plaintiff, v. GOOGLE, INC., Defendant. Civil Action No. TRIAL BY JURY DEMANDED

Summons in a Civil Action To: Google, Inc. c/o The Corporation Trust Company 1209 Orange Street Wilmington, DE 19801

A lawsuit has been filed against you. Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ. P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney, whose name and address are:
Richard D. Kirk Stephen B. Brauerman Bayard, P.A. 222 Delaware Avenue, Suite 900 Wilmington, Delaware 19801 302-655-5000 (phone) 302-658-6395 (fax)

If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court.

DATE

DEPUTY CLERK’S SIGNATURE

AO 440 (Rev. 12/09) Summons in a Civil Action (Page 2)

Civil Action No. PROOF OF SERVICE (This section should not be filed with the court unless required by Fed. R. Civ. P. 4(1))

This summons for (name of individual and title, if any) ______________________________________ was received by me on (date) _________________.  I personally served the summons on the individual at (place) __________________________
___________________________________________________ on (date) _______________________;

or

 I left the summons at the individual’s residence or usual place of abode with (name) ___
_________________________________________________________,

a person of suitable age and

discretion who resides there, on (date) ____________________, and mailed a copy to the individual’s last known address; or

 I served the summons on (name of individual) ___________________________________, who is designated by law to accept service of process on behalf of (name of organization)
_______________________________________________ on (date) ______________________;

or

 I returned the summons unexecuted because _______________________________; or  Other (specify):

My fees are $ ________ for travel and $ ________ for services, for a total of $ ________. I declare under penalty of perjury that this information is true.

Date: ___________________

____________________________________ Server’s signature ____________________________________ Printed name and title ____________________________________ Server’s address

Additional information regarding attempted service, etc:

Complaints
1:99-mc-09999 Plaintiff(s) v. Defendant(s) U.S. District Court District of Delaware Notice of Electronic Filing The following transaction was entered by Kirk, Richard on 4/21/2011 at 11:46 PM EDT and filed on 4/21/2011 Case Name: Plaintiff(s) v. Defendant(s) Case Number: 1:99-mc-09999 Filer: Document Number: 175 Docket Text: COMPLAINT - Walker Digital, LLC v. Google, Inc.. Filing fee $ 350, receipt number 0311-879254. (Attachments: # (1) Exhibit A (Part I), # (2) Exhibit A (Part II), # (3) Exhibit B (Part I), # (4) Exhibit B (Part II), # (5) Exhibit B (Part III), # (6) Exhibit C (Part I), # (7) Exhibit C (Part II), # (8) Exhibit C (Part III), # (9) Exhibit D (Part I), # (10) Exhibit D (Part II), # (11) Exhibit D (Part III), # (12) Exhibit D (Part IV), # (13) Exhibit D (Part V), # (14) Exhibit D (Part VI), # (15) Exhibit D (Part VII), # (16) Exhibit D (Part VIII), # (17) Civil Cover Sheet, # (18) Patent/Trademark Report, # (19) Summons Forms Unsigned Google, Inc.)(Kirk, Richard) 1:99-mc-09999 Notice has been electronically mailed to: 1:99-mc-09999 Notice has been delivered by other means to: The following document(s) are associated with this transaction: Document description:Main Document Original filename:n/a Electronic document Stamp: [STAMP dcecfStamp_ID=1079733196 [Date=4/21/2011] [FileNumber=1187989-0 ] [b0dba0fec0a9063c1e24b281851e502e18293e3951f267ea8d51882e6c0740f9a69 12a85c768c856573bb9f5137240a120ae5184d663017220863cf499bbe153]] Document description:Exhibit A (Part I) Original filename:n/a Electronic document Stamp: [STAMP dcecfStamp_ID=1079733196 [Date=4/21/2011] [FileNumber=1187989-1 ] [2187d0260b2d9276c02a7bb548d1fa15b6eb76ce90ee6f1d5226aa7230d1c1e6808 316affdf8ee3b494e6b009230aa4f4fd6b17edd27dd35f51a7c624b85179a]] Document description:Exhibit A (Part II) Original filename:n/a Electronic document Stamp: [STAMP dcecfStamp_ID=1079733196 [Date=4/21/2011] [FileNumber=1187989-2 ] [bb431a0bbb765b705a9f28490a993101cf59782e2cea85f980499f2213b8ee7ea09 ab20cafbedb40289ead2fe21ed7f9d87f46c0f789d3a1fd1dc91e97634406]] Document description:Exhibit B (Part I) Original filename:n/a Electronic document Stamp:

[STAMP dcecfStamp_ID=1079733196 [Date=4/21/2011] [FileNumber=1187989-3 ] [945cb301ed645fcc769db9529a964329a5c893c1e52660cfd2eaace3e16dcfcc2d4 cfe8c9c2bb3fd22182aaa8bd613b1a6699f829ab0b55341aaef57aa7c75dd]] Document description:Exhibit B (Part II) Original filename:n/a Electronic document Stamp: [STAMP dcecfStamp_ID=1079733196 [Date=4/21/2011] [FileNumber=1187989-4 ] [98ef2c8f742814cee3868bcef9a971abb0eea3b704939ccdad383be695527146db8 00c4a729975efee3e2fc978dee3cbd9de194a48709c24f84f7fc9d045981e]] Document description:Exhibit B (Part III) Original filename:n/a Electronic document Stamp: [STAMP dcecfStamp_ID=1079733196 [Date=4/21/2011] [FileNumber=1187989-5 ] [ae51cc74910efd6733187deb4815cad9d9e757d07cfe8cb3f5ca90eb116beb52bb9 8ec1a10abc0684752b6d5511b4eee26d8778e0501bb7811c4c9bd1daddb24]] Document description:Exhibit C (Part I) Original filename:n/a Electronic document Stamp: [STAMP dcecfStamp_ID=1079733196 [Date=4/21/2011] [FileNumber=1187989-6 ] [17c78e8833da1c85adeb0636bd11643d00eff01fd62954da2114bd3dfe71b4ea148 652a5ce9194fcc8eae61a4c27497354dbc40d1a6265f75eb20aa183ff3a03]] Document description:Exhibit C (Part II) Original filename:n/a Electronic document Stamp: [STAMP dcecfStamp_ID=1079733196 [Date=4/21/2011] [FileNumber=1187989-7 ] [172b0ef980d97fec9b20efc93dbc923410f44b76c3453cde4d103f649a3d11c22a6 3c0afbca31352754bfdae88cdc618b24863f6427602fa61cf87d0676bd91c]] Document description:Exhibit C (Part III) Original filename:n/a Electronic document Stamp: [STAMP dcecfStamp_ID=1079733196 [Date=4/21/2011] [FileNumber=1187989-8 ] [bfdef53a44f52d8d2fd0417bc3756f2bf1981cb71f35c1b6c2bb851debc1959c3f9 746c0b9473ab33ed331b62294acc9016bbcfcd4433059fb0c77cbfd6ec7c7]] Document description:Exhibit D (Part I) Original filename:n/a Electronic document Stamp: [STAMP dcecfStamp_ID=1079733196 [Date=4/21/2011] [FileNumber=1187989-9 ] [8b6c930ef10cfb646a5773011cc1839e505d8e3fa09b9456f9d178bd3910ae7ffb7 82e0fd008badbdb6a6820f2c2c3b7499609ac522f1820e801ec7c7e99082c]] Document description:Exhibit D (Part II) Original filename:n/a Electronic document Stamp: [STAMP dcecfStamp_ID=1079733196 [Date=4/21/2011] [FileNumber=1187989-1 0] [d32dc5cab0b9adad44508df205764d879020cc18c72351633132d58268291a45cc 571a5b57210f613bd76c0cb0321aca156cbd5e36eceecc5f4c6aef6955f6fb]] Document description:Exhibit D (Part III) Original filename:n/a Electronic document Stamp: [STAMP dcecfStamp_ID=1079733196 [Date=4/21/2011] [FileNumber=1187989-1 1] [831f1707856d171d0b204bcbe611432bdc21ce11093ddc228faf7e1f05b5f228c2 0f50ba6bf67ab54a07ed66d57ef3544a3b1537fceff25279edaac62783591a]] Document description:Exhibit D (Part IV) Original filename:n/a Electronic document Stamp:

[STAMP dcecfStamp_ID=1079733196 [Date=4/21/2011] [FileNumber=1187989-1 2] [b00d4d1729d48ab44f6f2199b07925fcaa95023218607cedf26c3d58f40ad6334e cd39c66d498bf3c0b4e2bbb65b2ead091d9a3b35071ac338a1f28d9bd7175d]] Document description:Exhibit D (Part V) Original filename:n/a Electronic document Stamp: [STAMP dcecfStamp_ID=1079733196 [Date=4/21/2011] [FileNumber=1187989-1 3] [63d9af4afe14ac0a6a2e8ab523364c1e30ca92422e4a41483a03969bbecc504b72 4407ca6cbdc0c703d9c6a8f3533f0aae2a8f3045536c41a197d4498b361342]] Document description:Exhibit D (Part VI) Original filename:n/a Electronic document Stamp: [STAMP dcecfStamp_ID=1079733196 [Date=4/21/2011] [FileNumber=1187989-1 4] [a87a8b4fec43bb3bc424c4e7ddb81bc466b5b2ca852e2d821b8284f5838242f281 cdb906c7d581df0b8b54a00aaeb4870b79969ae2b9baa5483f4bce3d46a1f9]] Document description:Exhibit D (Part VII) Original filename:n/a Electronic document Stamp: [STAMP dcecfStamp_ID=1079733196 [Date=4/21/2011] [FileNumber=1187989-1 5] [bb0b83bcfabd2feaf96cf34761c4371cd48e5991617540bf4fbe34f64d9d21f717 b4226183347e5a5800aedfedf4f8cfb06874593d6863278d137b2ea4e0b4e1]] Document description:Exhibit D (Part VIII) Original filename:n/a Electronic document Stamp: [STAMP dcecfStamp_ID=1079733196 [Date=4/21/2011] [FileNumbe r=1187989-1 6] [578502ad92cd82bedf938ddf6b8c49e91a424df68fcc70c4b2bc57147ffe9bbcb3 3b58822b349a5a1166969f9a5939e77bbbe5bcaa6ecb3fe5734128bb6669ea]] Document description:Civil Cover Sheet Original filename:n/a Electronic document Stamp: [STAMP dcecfStamp_ID=1079733196 [Date=4/21/2011] [FileNumber=1187989-1 7] [4fb580e6ce8ab5691c40a70e779193668df3177c0dd7a799ff71c145c6b5a4aad6 fb5278e4740d58f81fda9f3e98dfc91d8fece3d2cceab1ee54dc0ae08e1afe]] Document description:Patent/Trademark Report Original filename:n/a Electronic document Stamp: [STAMP dcecfStamp_ID=1079733196 [Date=4/21/2011] [FileNumber=1187989-1 8] [7b8700f12fefc3ad7fa1b37e1c37821e4874a7f43ec032b9bdb9f25907bc1f4110 22ccde1baf7fafe65b72367b05a997c369ede026d1ba4dfddfde85f4c08499]] Document description:Summons Forms - Unsigned Google, Inc. Original filename:n/a Electronic document Stamp: [STAMP dcecfStamp_ID=1079733196 [Date=4/21/2011] [FileNumber=1187989-1 9] [b2100ca88295eecdb1a8a5d608e4cd8a833d5c67a07a07ff43f16807a4235c8fb2 745a343c6dfa8b9c2c90ab368e4818210a4870c5bfd14a7429de7a3a164d47]]

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