Geoscope Technologies Pte. Ltd. v. Google LLC

On November 22, 2022, Geoscope Technologies Pte. Ltd. (“Geoscope” or “Plaintiff”), represented by Christopher W. Bascom and John M. Erbach of Spotts Fain PC, filed an intellectual property lawsuit against Google LLC (“Google” or “Defendant”), seeking declaratory judgment and damages for alleged patent infringement. This case was filed in the U.S. District Court for the Eastern District of Virginia.

Geoscope is the owner of all rights and title of the U.S. Patent Nos. 7,561,104 (“the ’104 Patent”), 8,400,358 (“the ’358 Patent”), 8,786,494 (“the ’494 Patent”), 8,406,753 (“the ’753 Patent), 9,097,784 (“the ’784 Patent”), and 8,320,264 (“the ’264 Patent”) (collectively, “the Asserted Patents”)

In the complaint, the plaintiff alleged, “Google has made, used, sold, offered to sell, and/or imported infringing instrumentalities, and continues to do so, including the Accused Instrumentality. By doing so, Google has directly infringed, and continues to directly infringe, the Asserted Patents. Google has engaged and continues to engage in a pattern of conduct intended to induce and/or contribute to the infringement of others, such as its customers and end-users. These actions have included and include making, selling, offering to sell, and/or importing instrumentalities that infringe the Asserted Patents.”

The plaintiff also alleged, “Google has made, used, sold, offered to sell, and/or imported infringing instrumentalities, and continues to do so, including the Accused Instrumentality. By doing so, Google has directly infringed, and continues to directly infringe, the Asserted Patents. Google has engaged and continues to engage in a pattern of conduct intended to induce and/or contribute to the infringement of others, such as its customers and end-users. These actions have included and include making, selling, offering to sell, and/or importing instrumentalities that infringe the Asserted Patents.”

The plaintiff further alleged, “Google has had actual knowledge of other patents related to the Asserted Patents via a claim of priority to the ’379 Provisional since prior to the filing of this Complaint.”

The plaintiff additionally alleged, “Google, as a large technology company, has had knowledge of or should have had knowledge of the Asserted Patents, which were invented by engineers at Andrew Corporation (and/or its successor, CommScope) and originally assigned to Andrew LLC, at least because Google was developing technology and applying for patents in the same fields as the Asserted Patents.”

The plaintiff also alleged, “Google’s infringement of each Asserted Patent is and has been willful. Google continues to commit acts of infringement despite awareness of the Asserted Patents and a high likelihood that its actions constitute infringement, and Google knew or should have known that its actions constituted an unjustifiably high risk of infringement, at least because of Google’s familiarity with the Asserted Patents and the fields to which they relate (including the fields to which Google’s Accused Instrumentality relates) including as part of its development of the Accused Instrumentality, and its monitoring of patents, patent applications, non-patent literature, and press in the same fields as the Asserted Patents, including the Asserted Patents themselves.”

The plaintiff presented six claims for relief, including alleged infringement of each of the asserted patents. 

In the prayer for relief, the plaintiff requested a judgment for declaratory relief that infringement of each of the asserted patents has been willful and further requested for an award of compensatory damages together with costs of litigation. 

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