Metarail, Inc. v. Google LLC

5:25-cv-09568

Overview

Case Number 5:25-cv-09568

Filing Date 2025-11-06

Status Litigation filed

Court District Court, N.D. California (cand)

Presiding Judge Beth Labson Freeman

Nature of Suit 830 Patent

Jurisdiction Type Federal Question

Cause of Action 35:145 Patent Infringement

Jury Demand Plaintiff

Parties

Defendant

Google LLC

Represented By

13 Attorneys Listed

Meaghan Paloma Annett Luster

Wolf Greenfield & Sacks, P.C.

Tel: +1 (617) 646-8000

600 Atlantic Avenue, Boston, MA 02210

Marie A. McKiernan

Wolf, Greenfield

Tel: +1 (617) 646-8000

Wolf, Greenfield, 600 Atlantic Avenue

John W. McGrath

Wolf, Greenfield & Sacks, P.C.

Tel: +1 (202) 571-5001

Fax: +1 (617) 646-8646

901 New York Avenue, NW, Suite 500 East

Jie Xiang

Wolf, Greenfield & Sacks, P.C.

Tel: +1 (617) 646-8520

Fax: +1 (617) 646-8646

600 Atlantic Avenue, Boston, MA 02210

Gregory F. Corbett

Email: gcorbett@wolfgreenfield.com

Elizabeth A. DiMarco

Wolf, Greenfield & Sacks, P.C.

Tel: +1 (202) 571-5001

Fax: +1 (617) 646-8646

901 New York Avenue, NW, Suite 500 East

Charles T. Steenburg

Wolf Greenfield & Sacks PC

Tel: +1 (617) 646-8000

600 Atlantic Ave, Boston, MA 02210

Bindu Ann George Palapura

Potter Anderson & Corroon, LLP

Tel: +1 (302) 984-6000

Fax: +1 (302) 778-6000

1313 N. Market St., Hercules Plaza, 6th Flr., P.O. Box 951

Asim M. Bhansali

Kwun Bhansali Lazarus LLP

Tel: +1 (415) 630-2350

Fax: +1 (415) 367-1539

555 Montgomery Street, Suite 750, San Francisco, CA 94111

Andrew Mark Moshos

Potter Anderson & Corroon LLP

Tel: +1 (302) 984-6288

1313 North Market Street, 6th Floor

Anant Kumar Saraswat

Wolf, Greenfield & Sacks, P.C.

Tel: +1 (617) 646-8000

600 Atlantic Avenue, Boston, MA 02210

Gregory Corbett

Wolf, Greenfield & Sacks, P.C.

Tel: +1 (617) 646-8000

Fax: +1 (617) 646-8646

600 Atlantic Avenue, Boston, MA 02210

David Ellis Moore

Potter Anderson & Corroon, LLP

Tel: +1 (302) 984-6000

1313 N. Market St., Hercules Plaza, 6th Flr., P.O. Box 951

Plaintiff

Metarail, Inc.

Represented By

10 Attorneys Listed

Hillary Noelle Bunsow

Bunsow De Mory LLP

Tel: +1 (650) 351-7248

Fax: +1 (415) 426-4744

701 El Camino Real, Redwood City, CA 94063

Richard C. Lin

Email: rlin@bdiplaw.com

Michael E. Flynn-O'Brien

Bunsow De Mory LLP

Tel: +1 (512) 365-4972

701 El Camino Real, Redwood City, CA 94063

Marc Belloli

Kramer Day Alberti Lim Tonkovich & Bellolli LLP

Tel: +1 (650) 825-4300

Fax: +1 (650) 460-8443

577 Airport Blvd., Suite 250, Burlingame, CA 94010

Jerry D. Tice , II

Feinberg Day Kramer Alberti Lim Tonkovich & Belloli LLP

Tel: +1 (650) 825-4300

Fax: +1 (650) 460-7443

577 Airport Boulevard, Suite 250

Hillary Bunsow

Email: hillarybunsow@bdiplaw.com

Elizabeth Day

Email: eday@bdiplaw.com

Andrew Colin Mayo

Morris, Nichols, Arsht & Tunnell

Tel: +1 (302) 351-9104

Morris, Nichols, Arsht & Tunnell, 1201 North Market Street

Marc Christopher Belloli

Bunsow De Mory LLP

Tel: +1 (650) 351-7248

Fax: +1 (415) 426-4744

701 El Camino Real, Redwood City, CA 94063

John G. Day

Ashby & Geddes

Tel: +1 (302) 654-1888

Ashby & Geddes, 500 Delaware Avenue, 8th Floor

Court & Judges

Court

District Court, N.D. California (cand)

Presiding Judge

Beth Labson Freeman

Patents Involved

4 Patents

There are 4 patents involved in this case.

Application Number	Patent Number	External Links
-	US9633378	Espacenet Google Patents
-	US10152734	Espacenet Google Patents
-	US10262342	Espacenet Google Patents
-	US10789626	Espacenet Google Patents

Docket Entries

COMPLAINT filed with Jury Demand against Google LLC ( Filing fee $ 402, receipt number ADEDC-4242661.) - filed by Metarail, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Civil Cover Sheet)(mpb) (Entered: 10/06/2023)

2023-10-06

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COMPLAINT filed with Jury Demand against Google LLC ( Filing fee $ 402, receipt number ADEDC-4242661.) - filed by Metarail, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Civil Cover Sheet)(mpb) (Entered: 10/06/2023)

2023-10-06

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COMPLAINT filed with Jury Demand against Google LLC ( Filing fee $ 402, receipt number ADEDC-4242661.) - filed by Metarail, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Civil Cover Sheet)(mpb) (Entered: 10/06/2023)

2023-10-06

View

COMPLAINT filed with Jury Demand against Google LLC ( Filing fee $ 402, receipt number ADEDC-4242661.) - filed by Metarail, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Civil Cover Sheet)(mpb) (Entered: 10/06/2023)

2023-10-06

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Metarail, Inc. v. Google LLC

Overview

Parties

Defendant

Google LLC Follow

Represented By

Plaintiff

Metarail, Inc. Follow

Represented By

Court & Judges

Patents Involved

Docket Entries

Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (mpb) (Entered: 10/06/2023)

Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) US 9,633,378 ;US 10,152,734 ;US 10,262,342 ;US 10,789,626. (mpb) (Entered: 10/06/2023)

Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Metarail, Inc.. (mpb) (Entered: 10/06/2023)

No Summons Issued. (mpb)

SUMMONS Returned Executed by Metarail, Inc..Google LLC served on 10/10/2023, answer due 10/31/2023. (Mayo, Andrew) (Entered: 10/10/2023)

Case Assigned to Judge Gregory B. Williams. Please include the initials of the Judge (GBW) after the case number on all documents filed. (rjb)

MOTION for Pro Hac Vice Appearance of Attorney Elizabeth Day, Marc Belloli, Jerry D. Tice II, Richard C. Lin, Hillary N. Bunsow, and Michael E. Flynn-OBrien - filed by Metarail, Inc.. (Mayo, Andrew) (Entered: 10/12/2023)

SO ORDERED, re 6 MOTION for Pro Hac Vice Appearance of Attorney Elizabeth Day, Marc Belloli, Jerry D. Tice II, Richard C. Lin, Hillary N. Bunsow, and Michael E. Flynn-OBrien filed by Metarail, Inc. Signed by Judge Gregory B. Williams on 10/13/23. (ntl)

Pro Hac Vice Attorney Hillary Bunsow and Jerry D. Tice, II for Metarail, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mpb)

Pro Hac Vice Attorneys Marc Belloli, Elizabeth Day, and Michael E. Flynn-O'Brien for Metarail, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mpb)

Pro Hac Vice Attorney Richard C. Lin for Metarail, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mpb)

STIPULATION TO EXTEND TIME to answer, move, or otherwise respond to the Complaint to December 15, 2023 - filed by Google LLC. (Moore, David) (Entered: 10/17/2023)

SO ORDERED, re 7 STIPULATION TO EXTEND TIME to answer, move, or otherwise respond to the Complaint to December 15, 2023 filed by Google LLC. Signed by Judge Gregory B. Williams on 10/19/23. (ntl)

MOTION for Pro Hac Vice Appearance of Attorney Gregory F. Corbett, Charles T. Steenburg, Marie A. McKiernan, Jie Xiang, Elizabeth A. DiMarco and John W. McGrath of Wolf, Greenfield & Sacks, P.C. - filed by Google LLC. (Palapura, Bindu) (Entered: 10/30/2023)

SO ORDERED, re 8 MOTION for Pro Hac Vice Appearance of Attorney Gregory F. Corbett, Charles T. Steenburg, Marie A. McKiernan, Jie Xiang, Elizabeth A. DiMarco and John W. McGrath of Wolf, Greenfield & Sacks, P.C. filed by Google LLC. Signed by Judge Gregory B. Williams on 10/31/23. (ntl)

MOTION to Dismiss for Failure to State a Claim - filed by Google LLC. (Attachments: # 1 Text of Proposed Order)(Moore, David) (Entered: 12/15/2023)

MOTION to Dismiss for Failure to State a Claim - filed by Google LLC. (Attachments: # 1 Text of Proposed Order)(Moore, David) (Entered: 12/15/2023)

OPENING BRIEF in Support re 9 MOTION to Dismiss for Failure to State a Claim filed by Google LLC.Answering Brief/Response due date per Local Rules is 12/29/2023. (Moore, David) (Entered: 12/15/2023)

DECLARATION re 10 Opening Brief in Support [Declaration of Marie McKiernan by Google LLC. (Attachments: # 1 Exhibit A-I)(Moore, David) (Entered: 12/15/2023)

DECLARATION re 10 Opening Brief in Support [Declaration of Marie McKiernan by Google LLC. (Attachments: # 1 Exhibit A-I)(Moore, David) (Entered: 12/15/2023)

Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent XXVI Holdings, Inc. for Google LLC filed by Google LLC. (Moore, David) (Entered: 12/15/2023)

STIPULATION to extend deadline to respond to motion to dismiss to January 12, 2024, by Metarail, Inc.. (Mayo, Andrew) (Entered: 12/20/2023)

SO ORDERED, re 13 Stipulation to Extend Deadline to Respond to Motion to Dismiss filed by Metarail, Inc. Signed by Judge Gregory B. Williams on 12/21/23. (ntl)

NOTICE requesting Clerk to remove Michael E. Flynn-OBrien as co-counsel.. (Mayo, Andrew) (Entered: 01/09/2024)

First AMENDED COMPLAINT against Google LLC- filed by Metarail, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J)(Mayo, Andrew) (Entered: 01/12/2024)

First AMENDED COMPLAINT against Google LLC- filed by Metarail, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J)(Mayo, Andrew) (Entered: 01/12/2024)

First AMENDED COMPLAINT against Google LLC- filed by Metarail, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J)(Mayo, Andrew) (Entered: 01/12/2024)

First AMENDED COMPLAINT against Google LLC- filed by Metarail, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J)(Mayo, Andrew) (Entered: 01/12/2024)

First AMENDED COMPLAINT against Google LLC- filed by Metarail, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J)(Mayo, Andrew) (Entered: 01/12/2024)

First AMENDED COMPLAINT against Google LLC- filed by Metarail, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J)(Mayo, Andrew) (Entered: 01/12/2024)

First AMENDED COMPLAINT against Google LLC- filed by Metarail, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J)(Mayo, Andrew) (Entered: 01/12/2024)

First AMENDED COMPLAINT against Google LLC- filed by Metarail, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J)(Mayo, Andrew) (Entered: 01/12/2024)

First AMENDED COMPLAINT against Google LLC- filed by Metarail, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J)(Mayo, Andrew) (Entered: 01/12/2024)

First AMENDED COMPLAINT against Google LLC- filed by Metarail, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J)(Mayo, Andrew) (Entered: 01/12/2024)

First AMENDED COMPLAINT against Google LLC- filed by Metarail, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J)(Mayo, Andrew) (Entered: 01/12/2024)

MOTION to Dismiss for Failure to State a Claim Plaintiff's First Amended Complaint - filed by Google LLC. (Attachments: # 1 Text of Proposed Order)(Moore, David) (Entered: 01/26/2024)

MOTION to Dismiss for Failure to State a Claim Plaintiff's First Amended Complaint - filed by Google LLC. (Attachments: # 1 Text of Proposed Order)(Moore, David) (Entered: 01/26/2024)

OPENING BRIEF in Support re 16 MOTION to Dismiss for Failure to State a Claim Plaintiff's First Amended Complaint filed by Google LLC.Answering Brief/Response due date per Local Rules is 2/9/2024. (Moore, David) (Entered: 01/26/2024)

DECLARATION re 17 Opening Brief in Support, 16 MOTION to Dismiss for Failure to State a Claim Plaintiff's First Amended Complaint [Declaration of Marie A. McKiernan] by Google LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Moore, David) (Entered: 01/26/2024)

DECLARATION re 17 Opening Brief in Support, 16 MOTION to Dismiss for Failure to State a Claim Plaintiff's First Amended Complaint [Declaration of Marie A. McKiernan] by Google LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Moore, David) (Entered: 01/26/2024)

DECLARATION re 17 Opening Brief in Support, 16 MOTION to Dismiss for Failure to State a Claim Plaintiff's First Amended Complaint [Declaration of Marie A. McKiernan] by Google LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Moore, David) (Entered: 01/26/2024)

DECLARATION re 17 Opening Brief in Support, 16 MOTION to Dismiss for Failure to State a Claim Plaintiff's First Amended Complaint [Declaration of Marie A. McKiernan] by Google LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Moore, David) (Entered: 01/26/2024)

ANSWERING BRIEF in Opposition re 16 MOTION to Dismiss for Failure to State a Claim Plaintiff's First Amended Complaint filed by Metarail, Inc..Reply Brief due date per Local Rules is 2/16/2024. (Attachments: # 1 Exhibit 1)(Mayo, Andrew) (Entered: 02/09/2024)

ANSWERING BRIEF in Opposition re 16 MOTION to Dismiss for Failure to State a Claim Plaintiff's First Amended Complaint filed by Metarail, Inc..Reply Brief due date per Local Rules is 2/16/2024. (Attachments: # 1 Exhibit 1)(Mayo, Andrew) (Entered: 02/09/2024)

STIPULATION TO EXTEND TIME for Defendant to file its reply brief in further support of its motion to dismiss (DI 16) to February 23, 2024 - filed by Google LLC. (Moshos, Andrew) (Entered: 02/09/2024)

SO ORDERED, re 20 STIPULATION TO EXTEND TIME for Defendant to file its reply brief in further support of its motion to dismiss (DI 16) to February 23, 2024 filed by Google LLC. Signed by Judge Gregory B. Williams on 2/13/24. (ntl)

REPLY BRIEF re 16 MOTION to Dismiss for Failure to State a Claim Plaintiff's First Amended Complaint filed by Google LLC. (Moore, David) (Entered: 02/23/2024)

MOTION to Transfer Case to Northern District of California - filed by Google LLC. (Attachments: # 1 Text of Proposed Order)(Moore, David) (Entered: 06/10/2024)

MOTION to Transfer Case to Northern District of California - filed by Google LLC. (Attachments: # 1 Text of Proposed Order)(Moore, David) (Entered: 06/10/2024)

[SEALED] OPENING BRIEF in Support re 22 MOTION to Transfer Case to Northern District of California filed by Google LLC.Answering Brief/Response due date per Local Rules is 6/24/2024. (Moore, David) (Entered: 06/10/2024)

[SEALED] DECLARATION re 22 MOTION to Transfer Case to Northern District of California [Declaration of Ana Chan] by Google LLC. (Moore, David) (Entered: 06/10/2024)

DECLARATION re 22 MOTION to Transfer Case to Northern District of California [Declaration of Marie A. McKiernan] by Google LLC. (Attachments: # 1 Exhibit 1-31)(Moore, David) (Entered: 06/10/2024)

DECLARATION re 22 MOTION to Transfer Case to Northern District of California [Declaration of Marie A. McKiernan] by Google LLC. (Attachments: # 1 Exhibit 1-31)(Moore, David) (Entered: 06/10/2024)

DECLARATION re 22 MOTION to Transfer Case to Northern District of California [Declaration of Walter Vulej] by Google LLC. (Moore, David) (Entered: 06/10/2024)

STIPULATION to Extend Briefing Schedule on Google LLC's Motion to Transfer Venue to the Northern District of California, by Metarail, Inc.. (Day, John) (Entered: 06/12/2024)

SO ORDERED, re 27 STIPULATION AND ORDER to Extend Briefing Schedule on Google LLC's Motion to Transfer Venue to the Northern District of California, by filed by Metarail, Inc. Signed by Judge Gregory B. Williams on 6/14/24. (jaa)

REDACTED VERSION of 23 Opening Brief in Support by Google LLC. (Moore, David) (Entered: 06/17/2024)

REDACTED VERSION of 24 Declaration of Ana Chan by Google LLC. (Moore, David) (Entered: 06/17/2024)

[SEALED] ANSWERING BRIEF in Opposition re 22 MOTION to Transfer Case to Northern District of California filed by Metarail, Inc..Reply Brief due date per Local Rules is 7/15/2024. (Mayo, Andrew) (Entered: 07/08/2024)

DECLARATION re 30 Answering Brief in Opposition (Declaration of Gina White) by Metarail, Inc.. (Mayo, Andrew) (Entered: 07/08/2024)

REDACTED VERSION of 30 Answering Brief in Opposition by Metarail, Inc.. (Mayo, Andrew) (Entered: 07/15/2024)

[SEALED] REPLY BRIEF re 22 MOTION to Transfer Case to Northern District of California filed by Google LLC. (Moore, David) (Entered: 07/29/2024)

REDACTED VERSION of 34 Reply Brief by Google LLC. (Moore, David) (Entered: 08/05/2024)

Letter to The Honorable Gregory B. Williams from Andrew C. Mayo regarding notice of supplemental authority. (Attachments: # 1 Exhibit A)(Mayo, Andrew) (Entered: 08/23/2024)

Letter to The Honorable Gregory B. Williams from Andrew C. Mayo regarding notice of supplemental authority. (Attachments: # 1 Exhibit A)(Mayo, Andrew) (Entered: 08/23/2024)

[SEALED] Letter to The Honorable Gregory B. Williams from David E. Moore regarding response to MetaRail's notice of supplemental authority - re 36 Letter. (Attachments: # 1 Exhibit 1)(Moore, David) (Entered: 08/26/2024)

REDACTED VERSION of 37 Letter by Google LLC. (Attachments: # 1 Exhibit 1)(Moore, David) (Entered: 09/03/2024)

REDACTED VERSION of 37 Letter by Google LLC. (Attachments: # 1 Exhibit 1)(Moore, David) (Entered: 09/03/2024)

Google LLC

Metarail, Inc.