DCT
3:24-cv-03733
Never Search Inc v. Google LLC
I. Executive Summary and Procedural Information
- Parties & Counsel:
- Plaintiff: Never Search Inc (California)
- Defendant: Google LLC (Delaware)
- Plaintiff’s Counsel: MZF Law Firm PLLC; Ahmad Zavitsanos Anaipakos Alavi & Mensing
- Case Identification: 3:24-cv-03733, N.D. Cal., 06/21/2024
- Venue Allegations: Venue is alleged as proper in the Northern District of California on the basis that Google maintains its corporate headquarters and a regular and established place of business within the district.
- Core Dispute: Plaintiff alleges that Defendant’s Google Maps online products and services infringe eight patents related to displaying points of interest with associated qualitative information on graphical maps and methods for updating that information.
- Technical Context: The technology resides in the digital mapping and navigation domain, where integrating detailed, qualitative data with geographic locations is critical for user experience and commercial applications.
- Key Procedural History: The complaint alleges that the inventor met with a Google representative in 2006 to introduce the patent-pending technology. It further alleges that from approximately 2015 to 2017, Never-Search and Google engaged in unsuccessful technical and financial discussions regarding the patent portfolio and potential licensing. These allegations form the basis for the claim of willful infringement.
Case Timeline
| Date | Event |
|---|---|
| 2003-01-01 | Inventor Keith Kreft allegedly begins filing for the asserted patents. |
| 2004-04-20 | Earliest Priority Date for Asserted Patents. |
| 2006-01-01 | Inventor allegedly meets with a Google representative. |
| 2008-01-01 | Plaintiff's "Never-Search for Golf" product allegedly gains national attention. |
| 2008-06-17 | U.S. Patent No. 7,388,519 issues. |
| 2012-07-10 | U.S. Patent No. 8,219,318 issues. |
| 2015-01-01 | Plaintiff allegedly begins licensing discussions with Google. |
| 2015-10-06 | U.S. Patent No. 9,152,981 issues. |
| 2015-11-03 | U.S. Patent No. 9,177,330 issues. |
| 2016-12-20 | U.S. Patent No. 9,599,479 issues. |
| 2019-12-17 | U.S. Patent No. 10,509,810 issues. |
| 2021-08-10 | U.S. Patent No. 11,086,910 issues. |
| 2022-06-28 | U.S. Patent No. 11,372,903 issues. |
| 2024-06-21 | Complaint filed. |
II. Technology and Patent(s)-in-Suit Analysis
U.S. Patent No. 7,388,519 - Method and System for Displaying Points of Interest with Qualitative Information
- The Invention Explained:
- Problem Addressed: Prior mapping technologies required users to consult multiple information sources to evaluate a point of interest (POI), such as switching between a digital map for location and a separate internet search for qualitative details like operating hours, ratings, or amenities (Compl. ¶¶ 8-10). Existing digital maps often lacked the depth of information needed to make a decision about visiting a location ('810 Patent, col. 4:40-57).
- The Patented Solution: The invention provides a method for a single mapping platform to concurrently display a geographical map, icons representing POIs, and qualitative information associated with those POIs (Compl. ¶¶ 12-13). This integration allows a user to see both the "what" (qualitative details) and the "where" (geographic location) simultaneously, often through the use of information boxes or "balloons" that appear over the map ('810 Patent, Fig. 3A).
- Technical Importance: This approach streamlined the process of discovering and evaluating places of interest by combining geographic and qualitative data onto a single, interactive user interface (Compl. ¶8).
- Key Claims at a Glance:
- Independent claim 1 is asserted in the complaint (Compl. p. 6).
- Claim 1 requires the essential elements of:
- displaying a graphical map;
- concurrently displaying, in the map, icons for two or more POIs at their corresponding geographical locations;
- concurrently displaying, over the map, particular qualitative information for each of the POIs;
- wherein all the qualitative information for all POIs is concurrently displayed;
- displaying an information box for each POI containing the qualitative information and first and second controls for displaying higher and lower levels of information;
- wherein each POI is associated with one or more datasets, and different qualitative information is displayed for different datasets.
- The complaint does not explicitly reserve the right to assert dependent claims.
U.S. Patent No. 8,219,318 - Information Mapping Approaches
- The Invention Explained:
- Problem Addressed: Digital map databases are often incomplete or contain inaccurate location data for POIs (Compl. ¶14). Correcting these inaccuracies through traditional methods is a massive, labor-intensive, and expensive task ('810 Patent, col. 3:1-9).
- The Patented Solution: The invention provides a method for updating a POI's location in a database by receiving location data from a "manager" of that POI via a computer network ('318 Patent, Claim 1). This allows business owners or other users to correct the map by specifying a new, more accurate location for a POI icon, which then updates the backend database (Compl. ¶14; '810 Patent, Fig. 13).
- Technical Importance: This solution enables a more dynamic and potentially more accurate method of map maintenance by leveraging input from business owners or the user community to correct location data (Compl. ¶14).
- Key Claims at a Glance:
- Independent claim 1 is asserted in the complaint (Compl. p. 7).
- Claim 1 requires the essential elements of:
- storing, in a database, a POI associated with a first location and information identifying a manager of the POI;
- receiving map location information for the POI;
- displaying a portion of the map that includes the POI on a computer display associated with the manager;
- receiving, from the manager's computer, location data indicating a second, different location for the POI;
- updating, in the database, the coordinate data for the POI based on the second location.
- The complaint does not explicitly reserve the right to assert dependent claims.
U.S. Patent No. 9,152,981 - Information Mapping Approaches
- Technology Synopsis: The patent addresses a method for monetizing interactive maps by displaying advertisements related to a selected POI (Compl. ¶38). When a user selects a POI on a map, the system displays a list of advertisements associated with that POI, creating a form of location-based advertising.
- Asserted Claims: Independent claim 9 (Compl. p. 8).
- Accused Features: The complaint alleges that Google Maps’ functionality of displaying advertisements in connection with selected points of interest infringes the ’981 Patent (Compl. ¶40).
U.S. Patent No. 9,177,330 - Information Mapping Approaches
- Technology Synopsis: The patent describes a method for distributing updated POI data sets over the internet to a plurality of map display programs (Compl. ¶44). This creates a system where a central source can provide updated information (e.g., new businesses, changed hours) to many different map users or applications.
- Asserted Claims: Independent claim 1 (Compl. p. 9).
- Accused Features: Google's backend system for updating and distributing POI information to its Google Maps services is the accused functionality (Compl. ¶45).
U.S. Patent No. 9,599,479 - Method for Updating Map Displays
- Technology Synopsis: This patent covers a method for a user to manually update the location of a POI by moving its icon on a map (Compl. ¶50). After the user moves the icon to a more representative location, the system receives and stores the new geo-coordinate data and provides it through the internet to other map programs.
- Asserted Claims: Independent claim 1 (Compl. p. 10).
- Accused Features: The "Suggest an edit" feature in Google Maps, which allows users to correct the location of a business or landmark, is accused of infringement (Compl. ¶51).
U.S. Patent No. 10,509,810 - Method for Updating Map Displays
- Technology Synopsis: The technology is similar to the ’479 Patent, focusing on user-driven updates of POI locations, but adds the step of storing a date stamp value associated with the update (Compl. ¶56). This timestamp indicates when the storing of the new geo-coordinate data occurred.
- Asserted Claims: Independent claim 11 (Compl. p. 11).
- Accused Features: The "Suggest an edit" feature in Google Maps is again accused, with the infringement theory presumably including Google's backend process of recording when such an edit was submitted or stored (Compl. ¶57).
U.S. Patent No. 11,086,910 - Information Mapping Approaches
- Technology Synopsis: The patent describes a method for displaying advertisements directly on an internet-enabled geographical map in association with displayed POIs (Compl. ¶62). The core concept is the concurrent display of POIs and an associated advertisement on the same map view.
- Asserted Claims: Independent claim 1 (Compl. p. 12).
- Accused Features: Google Maps' feature of displaying sponsored results or ads on the map alongside organic POI search results is accused of infringement (Compl. ¶63).
U.S. Patent No. 11,372,903 - Systems and Methods for Providing Mapping Information
- Technology Synopsis: This patent describes a mapping system with server-side instructions for managing user accounts and personalized data (Compl. ¶68). A key feature is the ability to import an address from a Customer Relationship Management (CRM) or contact application, display it on the map, and store it as a personalized POI for the user.
- Asserted Claims: Independent claim 1 (Compl. p. 13).
- Accused Features: Features in Google Maps that allow users to save locations (e.g., "Home," "Work," starred places) and potentially import contacts are accused of infringement (Compl. ¶69).
III. The Accused Instrumentality
- Product Identification: The complaint identifies "online map products and services such as Google Maps" as the "Accused Products" (Compl. ¶19).
- Functionality and Market Context: The complaint alleges that the Accused Products perform a range of functions corresponding to the asserted patents. These include displaying a graphical map with icons for POIs, concurrently providing qualitative information about those POIs (such as ratings and hours), allowing users and business owners to suggest edits to POI locations, and displaying advertisements in connection with POIs (Compl. ¶¶ 19, 26, 32, 38, 44, 50, 56, 62, 68). The complaint frames Google as having built out its map products after being made aware of Never-Search's patent-pending technology (Compl. ¶¶ 17-18). No probative visual evidence provided in complaint.
IV. Analysis of Infringement Allegations
’519 Patent Infringement Allegations
| Claim Element (from Independent Claim 1) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| displaying a graphical map; | Google Maps displays a graphical, interactive map of a geographic area. | ¶19 | col. 10:20-24 |
| displaying in the map, concurrently, icons identifying two or more points of interest at graphical locations in the map corresponding to geographical locations of the points of interest; | When a user searches or browses, Google Maps displays multiple icons (pushpins) representing different POIs on the map. | ¶19 | col. 10:45-50 |
| concurrently displaying, over the map, for each of the two or more points of interest at different geographical locations, particular qualitative information associated with the associated point of interest; wherein all the qualitative information for all the points of interest is concurrently displayed... | When a user selects a POI icon, Google Maps displays an information panel or box containing qualitative details (e.g., hours, rating, photos) for that POI. The complaint alleges this occurs concurrently for multiple POIs. | ¶19 | col. 11:1-14 |
| displaying, over the map, for each of the points of interest, an information box comprising the qualitative information... a first control which when selected causes displaying a higher level of information... and a second control which when selected causes displaying a lower level of information... | The information panel for a POI in Google Maps allegedly contains controls that allow a user to expand or collapse sections, which corresponds to displaying higher or lower levels of information. | ¶19 | col. 12:1-12 |
| wherein each of the points of interest is associated with one or more datasets, and wherein different qualitative information is displayed for different datasets. | Google Maps displays different types of qualitative information for different categories of POIs (e.g., a restaurant shows cuisine type and ratings, while a museum shows exhibit information), sourced from different datasets. | ¶19 | col. 10:35-43 |
’318 Patent Infringement Allegations
| Claim Element (from Independent Claim 1) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| storing, in a database communicatively coupled to a data network, a point of interest associated with first location on a geographical map, and information identifying a manager of the point of interest; | Google's servers store data for a POI, including its initial location. The complaint's theory suggests that either a verified business owner or a general user can function as the "manager." | ¶24 | col. 9:8-12 |
| receiving map location information associated with the point of interest; causing to be displayed, based on the map location information, a portion of the geographical map that includes the point of interest, on a computer display associated with the manager; | A user or business owner accesses Google Maps, which displays the POI at its currently stored location on their computer screen. | ¶24 | col. 9:35-42 |
| receiving, from a computer associated with the manager and coupled to the database over the data network, location data that indicates a second location, specified by the manager on the point of the geographical map, of the point of interest; wherein the second location is different than the first... | Through the "Suggest an edit" feature, a user or business owner uses their computer to specify a new, corrected location for the POI icon on the map and submits this data to Google's servers. | ¶24 | col. 18:40-54 |
| updating, in the database, based on the second location, coordinate data associated with the first location of the point of interest. | Google's backend system allegedly updates its database with the new coordinate data received from the user, correcting the POI's location for future map displays. | ¶24 | col. 8:1-8, col. 19:1-5 |
- Identified Points of Contention:
- Scope Questions: The dispute over the '318 Patent may center on the definition of "manager." It raises the question of whether a general user making a location correction via "Suggest an edit" qualifies as a "manager of the point of interest," or if this term is limited to a verified business owner. For the '519 Patent, the scope of "concurrently displaying" may be at issue, specifically whether information must be visible for multiple POIs simultaneously or merely accessible on the same map interface.
- Technical Questions: A key technical question for the '318 Patent is whether Google's system for handling user-suggested edits, which may involve a verification and moderation process before a change is made public, meets the claim limitation of "updating, in the database, based on the second location." The analysis may explore if this intermediate process constitutes a material difference from the claimed direct update step.
V. Key Claim Terms for Construction
The Term: "manager of the point of interest" ('318 Patent, Claim 1)
Context and Importance: The definition of this term is critical for determining who can perform the infringing method. Plaintiff's infringement theory appears to depend on this term covering not only verified business owners using Google Business Profile but also any public user who "suggests an edit." Practitioners may focus on this term because its scope could either broadly implicate a core feature of Google Maps or narrow the claim to apply only to actions taken by verified business owners.
Intrinsic Evidence for Interpretation:
- Evidence for a Broader Interpretation: The complaint alleges the patents cover updating maps through "user-inputted manual updates" (Compl. ¶14), suggesting an interpretation that is not limited to business owners. The specification also discusses updating map information through a variety of different means ('810 Patent, col. 30:50-53).
- Evidence for a Narrower Interpretation: The specification of the related ’810 Patent explicitly describes a data collection process involving "Retail Input (POI owners and managers)" and "Business Contact Verification" ('810 Patent, Fig. 1; Fig. 13). This language may support an argument that "manager" implies an authorized or verified party, not an anonymous user.
The Term: "concurrently displaying" ('519 Patent, Claim 1)
Context and Importance: This term is central to the primary infringement allegation for the '519 patent. The case may turn on whether "concurrently" requires the qualitative information for multiple POIs to be visible on the screen at the same time, or if it is sufficient that the map and the ability to access information for any displayed POI are present in the same interface without navigating away.
Intrinsic Evidence for Interpretation:
- Evidence for a Broader Interpretation: The patent's background describes the problem as avoiding the need to "search of multiple information sources, while flipping back and forth" ('810 Patent, col. 1:55-57). This purpose could support an interpretation where having the information accessible on a single map platform is sufficient.
- Evidence for a Narrower Interpretation: The patent figures, such as Figure 3A in the related ’810 patent, depict multiple information balloons open on the map at the same time. This embodiment may be used to argue that "concurrently" requires simultaneous visibility of information for more than one POI.
VI. Other Allegations
- Indirect Infringement: The complaint does not contain sufficient detail for analysis of indirect infringement theories. Each count alleges direct infringement "literally and/or under the doctrine of equivalents" (e.g., Compl. ¶26).
- Willful Infringement: The complaint alleges willful infringement for all asserted patents. This allegation is based on alleged pre-suit knowledge stemming from a 2006 meeting between the inventor and a Google representative to discuss the technology, and subsequent licensing discussions between the parties from approximately 2015 to 2017 (Compl. ¶¶ 17-21, 28, 34).
VII. Analyst’s Conclusion: Key Questions for the Case
- A core issue will be one of definitional scope: can the term "manager," which the patent specification associates with "POI owners," be construed to cover any public user who suggests a location edit in Google Maps? The answer will determine the reach of several key patents-in-suit.
- A key evidentiary question will be one of functional operation: does Google's system for processing suggested edits—which may involve verification, delay, and algorithmic checks—perform the specific step of "updating, in the database, based on the second location" as required by the '318 patent, or is there a fundamental mismatch in the technical process?
- Another central question will be one of temporal scope: how will the term "concurrently displaying" in the '519 patent be construed? The dispute may focus on whether the term requires simultaneous visibility of detailed information for multiple points of interest, versus the information being merely accessible on-demand within the same map interface.