JS 44 (Rev.

12/07)

Case 6:12-cv-00308-ACC-KRS Document 1-2

Filed 02/24/12 Page 1 of 1 PageID 19 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) PLAINTIFFS PANOMAP TECHNOLOGIES, LLC (b) County of Residence of First Listed Plaintiff
(EXCEPT IN U.S. PLAINTIFF CASES)

DEFENDANTS

GOOGLE INC., et al.

County of Residence of First Listed Defendant
(IN U.S. PLAINTIFF CASES ONLY) NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE LAND INVOLVED.

(c) Attorneys (Firm Name, Address, and Telephone Number)

Attorneys (If Known)

Brian Gilchrist, Allen, Dyer, Doppelt, Milbrath & Gilchrist, P.A., 255 South Orange Avenue, Suite 1404, Orlando, FL 32802-3791. (407) II. BASIS OF JURISDICTION (Place an X in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES(Place an X in One Box for Plaintiff
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) Citizen or Subject of a Foreign Country 3 3 (For Diversity Cases Only) PTF 1 Citizen of This State Citizen of Another State 2 DEF 1 2 and One Box for Defendant) PTF DEF Incorporated or Principal Place 4 4 of Business In This State Incorporated and Principal Place of Business In Another State Foreign Nation 5 6 5 6

IV. NATURE OF SUIT

CONTRACT 110 Insurance 120 Marine 130 Miller Act 140 Negotiable Instrument 150 Recovery of Overpayment & Enforcement of Judgment 151 Medicare Act 152 Recovery of Defaulted Student Loans (Excl. Veterans) 153 Recovery of Overpayment of Veterans Benefits 160 Stockholders Suits 190 Other Contract 195 Contract Product Liability 196 Franchise REAL PROPERTY 210 Land Condemnation 220 Foreclosure 230 Rent Lease & Ejectment 240 Torts to Land 245 Tort Product Liability 290 All Other Real Property

(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 CIVIL RIGHTS 441 Voting 442 Employment 443 Housing/ Accommodations 444 Welfare 445 Amer. w/Disabilities Employment 446 Amer. w/Disabilities Other 440 Other Civil Rights 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 PRISONER PETITIONS 510 Motions to Vacate Sentence Habeas Corpus: 530 General 535 Death Penalty 540 Mandamus & Other 550 Civil Rights 555 Prison Condition

FORFEITURE/PENALTY 610 Agriculture 620 Other Food & Drug 625 Drug Related Seizure of Property 21 USC 881 630 Liquor Laws 640 R.R. & Truck 650 Airline Regs. 660 Occupational Safety/Health 690 Other 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. Ret. Inc. Security Act IMMIGRATION 462 Naturalization Application 463 Habeas Corpus Alien Detainee 465 Other Immigration Actions

BANKRUPTCY 422 Appeal 28 USC 158 423 Withdrawal 28 USC 157 PROPERTY RIGHTS 820 Copyrights 830 Patent 840 Trademark SOCIAL SECURITY 861 HIA (1395ff) 862 Black Lung (923) 863 DIWC/DIWW (405(g)) 864 SSID Title XVI 865 RSI (405(g)) FEDERAL TAX SUITS 870 Taxes (U.S. Plaintiff or Defendant) 871 IRSThird Party 26 USC 7609

OTHER STATUTES 400 State Reapportionment 410 Antitrust 430 Banks and Banking 450 Commerce 460 Deportation 470 Racketeer Influenced and Corrupt Organizations 480 Consumer Credit 490 Cable/Sat TV 810 Selective Service 850 Securities/Commodities/ Exchange 875 Customer Challenge 12 USC 3410 890 Other Statutory Actions 891 Agricultural Acts 892 Economic Stabilization Act 893 Environmental Matters 894 Energy Allocation Act 895 Freedom of Information Act 900Appeal of Fee Determination Under Equal Access to Justice 950 Constitutionality of State Statutes

V. ORIGIN
1 Original
Proceeding

(Place an X in One Box Only)

2 Removed from
State Court

35 U.S.C. 271, 281, 284-285 VI. CAUSE OF ACTION Brief description of cause:
VII. REQUESTED IN COMPLAINT: VIII. RELATED CASE(S) IF ANY
DATE

Appellate Court Reopened Litigation (specify) Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):

3 Remanded from

4 Reinstated or

5 Transferred from another district

6 Multidistrict

7 Judge from Magistrate

Judgment

Appeal to District

CHECK IF THIS IS A CLASS ACTION UNDER F.R.C.P. 23

(See instructions):

DEMAND $

CHECK YES only if demanded in complaint: Yes No JURY DEMAND: DOCKET NUMBER

JUDGE
SIGNATURE OF ATTORNEY OF RECORD

02/24/2012
FOR OFFICE USE ONLY RECEIPT # AMOUNT

/s/ Brian R. Gilchrist

APPLYING IFP

JUDGE

MAG. JUDGE

Case 6:12-cv-00308-ACC-KRS Document 1

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION PANOMAP TECHNOLOGIES, LLC Plaintiff, v. GOOGLE INC., and APPLE INC. Defendants.

6:12-cv-308-ORL-22-KRS CIVIL ACTION NO. ______

JURY TRIAL DEMANDED

PLAINTIFFS ORIGINAL COMPLAINT Plaintiff PanoMap Technologies, LLC (PanoMap) files this Original Complaint against the above-named Defendants for infringement of U.S. Patent No. 6,563,529 (the 529 Patent). I. THE PARTIES 1. Plaintiff PanoMap is a Florida limited liability company with its principle

place of business at 2423 South Orange Ave., #195, Orlando, Florida 32806. 2. On information and belief, Google Inc. (Google) is a Delaware

corporation with its principal place of business in Mountain View, California. Google may be served with process through its registered agent in Delaware, Corporation Trust Company, Corporation Trust Center, 1209 Orange Street, Wilmington, Delaware 19801. 3. On information and belief, Apple Inc. (Apple) is a California

corporation with its principal place of business in Cupertino, California. Apple may be served with process through its registered agent in Florida, C T Corporation System, 1200 South Pine Island Road, 200 E. Gaines St., Plantation, Florida 33324.

Original Complaint

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II. 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 of this action under 28 U.S.C. 1331 and 1338(a). 5. This Court has general and specific personal jurisdiction over each On

Defendant, and venue is proper, pursuant to 28 U.S.C. 1391 and 1400(b).

information and belief, Defendants have substantial contacts with this forum, including: (1) regularly conducting and soliciting business from residents of the State of Florida and this District; (2) engaging in other persistent courses of conduct in the State of Florida and this District; (3) deriving substantial revenue from goods and/or services provided to individuals residing in the State of Florida and this District; and/or (4) committing infringement, in whole or in part, as alleged herein, including making, using, selling and/or offering to sell products, systems and/or services that infringe one or more claims of the 529 Patent in the State of Florida and this District. 6. Joinder of the Defendants in a single action is proper in this case under 35

U.S.C. 299 because Plaintiffs patent infringement claims and right to relief are asserted against Google and Apple jointly, severally, and in the alternative with respect to or arising out of Googles and Apples making, using, importing into the United States, offering for sale, or selling of the same accused products or processes (i.e. iPhone, iPad, and iPod Touch products containing Google maps with Street View, as more fully discussed below). Questions of fact common to both Google and Apple will arise out of this action.

Original Complaint

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III. 7.

PATENT INFRINGEMENT

This cause of action arises under the patent laws of the United States, and

in particular, 35 U.S.C. 271, et seq. 8. On May 13, 2003, the 529 Patent was duly and legally issued for an

Interactive System for Displaying Detailed View and Direction in Panoramic Images. A true and correct copy of the 529 Patent is attached hereto as Exhibit A. 9. The 529 Patent is valid, enforceable and was duly issued in full

compliance with Title 35 of the United States Code. 10. Plaintiff owns all substantial rights in and to the 529 Patent, including the

exclusive right to make, have made, use, import, offer or sell products or services covered by the 529 Patent, to grant sublicenses, to sue for and collect past, present and future damages, and to seek and obtain injunctive or any other relief for infringement of the 529 Patent. 11. Google and Apple import, make, use, sell and/or offer for sale, in the

United States, products, systems, and/or methods for displaying a detailed view of an area within a territory, including synchronized map displays indicating direction, origin, and angular direction, that infringe the 529 Patent (Infringing Instrumentalities). 12. Apples Infringing Instrumentalities include, but are not limited to,

iPhone, iPad and iPod Touch devices that have in the past been, and are currently, sold with the Maps application, which, upon information and belief, is provided in whole or in part by Google, and/or in collaboration with Google.

Original Complaint

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13.

Googles Infringing Instrumentalities include, but are not limited to,

Google Street View, including Street View functionality available on Apples Infringing Instrumentalities, as well as through the World Wide Web. 14. Pursuant to 35 U.S.C. 271, each Defendant has and continues to directly

infringe multiple claims of the 529 Patent in this judicial district and elsewhere in Florida and the United States, including at least independent claims 10, 17 and 23, and certain dependent claims therefrom, by making, using, offering for sale, selling and/or importing its respective Infringing Instrumentalities. 15. Each Defendant has knowledge of the infringement of their respective

Infringing Instrumentalities at least as early as the dates set forth in paragraphs 17 and 18 herein, but in no event later than the date of service of this Complaint. 16. Upon information and and belief, and supported by both

http://www.google.com/mobile/iphone/

http://www.apple.com/iphone/built-in-

apps/maps-compass.html, Google is alternatively liable for contributory infringement under 35 U.S.C. 271. Google provides Apple with its Google Maps application, which includes features and functionality that infringes the 529 Patent, is not a staple article of commerce, and which functionality has no substantially non-infringing use. At least as of December 8, 2008 (as set forth in paragraph 18, below), Google had knowledge that the Street View functionality of its Google Maps application for iPhone, iPad, and iPod Touch devices is a material part of one or more inventions described in the 529 Patent, and that Google Maps for iPhone, iPad, and iPod Touch devices is especially made and/or especially adapted for use in an infringement of the 529 Patent.

Original Complaint

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17.

Upon information and belief, at least as early as July 8, 2007, Apple

accessed www.duckware.com/pmvr/index.html, a Website operated by the named inventor of the 529 Patent, and viewed one or more Web pages that specifically showed embodiments of the inventions claimed by the 529 Patent and the fact that such embodiments are covered by the claims of the 529 Patent. Thus, at least as of July 8, 2007, Apples infringement of the 529 Patent has been willful. 18. Google has known of the existence of the 529 Patent since at least as

early as December 8, 2008, at which time, and as assignee of the application that issued as U.S. Patent No. 7,990,394 entitled Viewing and Navigating Within Panoramic Images, and Applications Thereof, Google filed an Information Disclosure Statement with the United States Patent and Trademark Office listing the 529 Patent as relevant prior art. Then, on January 7, 2009, as assignee of the application that issued as U.S. Patent No. 7,843,451 entitled Efficient Rendering of Panoramic Images, and Applications Thereof, Google filed another Information Disclosure Statement listing the 529 Patent as relevant prior art. Thus, at least as of December 8, 2008, Googles infringement of the 529 Patent has been willful. 19. conduct. Plaintiff has been damaged as a result of each Defendants infringing Each Defendant is, thus, liable to Plaintiff in an amount that adequately

compensates it for its infringements, which, by law, cannot be less than a reasonable royalty, together with interest and costs as fixed by this Court under 35 U.S.C. 284. IV. JURY DEMAND Plaintiff hereby requests a trial by jury pursuant to Rule 38 of the Federal Rules of Civil Procedure.
Original Complaint

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IV. PRAYER FOR RELIEF Plaintiff requests that the Court find in its favor and against Defendants, and that the Court grant Plaintiff the following relief: a. Judgment that one or more claims of United States Patent No. 6,563,529 have been infringed, either literally and/or under the doctrine of equivalents, by each Defendant, and/or by the direct infringement of Apple to whose infringement Google has contributed; Judgment that each Defendant account for and pay to Plaintiff all damages to and costs incurred by Plaintiff because of Defendants infringing activities and other conduct complained of herein; That Plaintiff be granted pre-judgment and post-judgment interest on the damages caused by each Defendants infringing activities and other conduct complained of herein; That this Court declare this an exceptional case and award Plaintiff its reasonable attorneys fees and costs in accordance with 35 U.S.C. 285; and That Plaintiff be granted such other and further relief as the Court may deem just and proper under the circumstances, including any increase in damages pursuant to 35 U.S.C. 284 to which the Court assesses as appropriate to compensate for the conduct of Defendants. Respectfully submitted, /s/Brian R. Gilchrist Brian R. Gilchrist, Florida Bar No. 774065 bgilchrist@addmg.com Tricia M. Wozniak, Florida Bar No. 71236 twozniak@addmg.com Allison R. Imber, Florida Bar No. 44233 aimber@addmg.com ALLEN, DYER, DOPPELT MILBRATH & GILCHRIST, P.A. 255 South Orange Avenue, Suite 1401 Post Office Box 3791 Orlando, FL 32802-3791 Telephone: (407) 841-2330 Facsimile: (407) 841-2343

b.

c.

d.

e.

Dated: February 24, 2012

Original Complaint

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Of Counsel: Brent N. Bumgardner Texas State Bar No. 00795272 bbumgardner@nbclaw.net Decker A. Cammack Texas State Bar No. 24036311 dcammack@nbclaw.net NELSON BUMGARDNER CASTO, P.C. 3131 West 7th Street, Suite 300 Fort Worth, Texas 76107 Telephone: (817) 377-9111 Facsimile: (817) 377-3485 ATTORNEYS FOR PLAINTIFF PANOMAP TECHNOLOGIES, LLC

Original Complaint