Never-Search, Inc. v. Google, LLC

3:24-cv-03733

Overview

Case Number 3:24-cv-03733

Filing Date 2024-06-21

Status Terminated

Termination Date 2025-02-28

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

Presiding Judge Rita F. Lin

Nature of Suit 830 Patent

Jurisdiction Type Federal Question

Cause of Action 15:1126 Patent Infringement

Jury Demand Plaintiff

Parties

Defendant

Google, LLC

Represented By

5 Attorneys Listed

Luann Loraine Simmons

O'Melveny & Myers LLP

Tel: +1 (415) 984-8700

Fax: +1 (415) 984-8701

Two Embarcadero Center, 28th Floor, San Francisco, CA 94111

David S. Almeling

O'Melveny and Myers LLP

Tel: +1 (415) 984-8700

Fax: +1 (415) 984-8701

Two Embarcadero Center, 28th Floor, San Francisco, CA 94111

Bill Trac

O'Melveny & Myers LLP

Tel: +1 (415) 984-8700

Fax: +1 (415) 984-8701

Two Embarcadero Center, 28th Floor, San Francisco, CA 94111-3823

Darin Walter Snyder

O'Melveny & Myers LLP

Tel: +1 (415) 984-8700

Fax: +1 (415) 984-8701

Two Embarcadero Center, 28th Floor, San Francisco, CA 94111

Mark Liang

O'Melveny and Myers LLP

Tel: +1 (415) 984-8882

Fax: +1 (415) 984-8701

Two Embarcadero Center, 28th Floor

Plaintiff

Never-Search, Inc.

Represented By

6 Attorneys Listed

Mateo Zavaletta Fowler

Spencer Fane LLP

Tel: +1 (512) 575-6097

816 Congress Avenue, Suite 1200

Weining Bai

Ahmad, Zavitsanos & Mensing, P.L.L.C.

Tel: +1 (713) 600-4981

Fax: +1 (713) 655-0062

Ahmad, Zavitsanos & Mensing, P.L.L.C., 1221 McKinney St.

Sujeeth Rajavolu

Ahmad, Zavitsanos & Mensing, PLLC

Tel: +1 (713) 655-1101

1221 McKinney St, Ste. 2500, Houston, TX 77010

Michael Killingsworth

Foster Yarborough Killingsworth PLLC

Tel: +1 (713) 331-5254

440 Louisiana, Ste 1800

Jason McManis

Ahmad, Zavitsanos & Mensing, PLLC

Tel: +1 (713) 655-1101

Fax: +1 (713) 655-0062

1221 McKinney St., Suite 2500

Abanoub Henry

Ahmad Zavitsanos & Mensing PLLC

Tel: +1 (713) 655-1101

Fax: +1 (713) 655-0062

1221 McKinney, Suite 2500

Court & Judges

Court

District Court, N.D. California (cand)

Presiding Judge

Rita F. Lin

Patents Involved

No asserted patent numbers detected in initial docket filings yet.

Docket Entries

COMPLAINT against Google, LLC ( Filing fee $ 405, receipt number ACANDC-19542967.). Filed by Never-Search, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Civil Cover Sheet)(Fowler, Mateo) (Filed on 6/21/2024) (Entered: 06/21/2024)

2024-06-21

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COMPLAINT against Google, LLC ( Filing fee $ 405, receipt number ACANDC-19542967.). Filed by Never-Search, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Civil Cover Sheet)(Fowler, Mateo) (Filed on 6/21/2024) (Entered: 06/21/2024)

2024-06-21

Download

COMPLAINT against Google, LLC ( Filing fee $ 405, receipt number ACANDC-19542967.). Filed by Never-Search, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Civil Cover Sheet)(Fowler, Mateo) (Filed on 6/21/2024) (Entered: 06/21/2024)

2024-06-21

Download

COMPLAINT against Google, LLC ( Filing fee $ 405, receipt number ACANDC-19542967.). Filed by Never-Search, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Civil Cover Sheet)(Fowler, Mateo) (Filed on 6/21/2024) (Entered: 06/21/2024)

2024-06-21

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Never-Search, Inc. v. Google, LLC

Overview

Parties

Defendant

Google, LLC Follow

Represented By

Plaintiff

Never-Search, Inc. Follow

Represented By

Court & Judges

Patents Involved

Docket Entries

Rule 7.1 Disclosures by Never-Search, Inc. (Fowler, Mateo) (Filed on 6/21/2024) (Entered: 06/21/2024)

REPORT on the filing or determination of an action regarding Patents (cc: form mailed to register). (Fowler, Mateo) (Filed on 6/21/2024) (Entered: 06/21/2024)

Proposed Summons. (Fowler, Mateo) (Filed on 6/21/2024) (Entered: 06/21/2024)

Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 9/24/2024. Initial Case Management Conference set for 10/1/2024 01:30 PM in San Jose, - To be held by Zoom. (dhm, COURT STAFF) (Filed on 6/21/2024) (Entered: 06/21/2024)

Summons Issued as to Google, LLC. (dhm, COURT STAFF) (Filed on 6/21/2024) (Entered: 06/21/2024)

REPORT on the filing or determination of an action regarding Patent (cc: form mailed to register). (dhm, COURT STAFF) (Filed on 6/21/2024) (Entered: 06/21/2024)

~Util - Case Assigned by Intake

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 328, receipt number ACANDC-19582619.) filed by Never-Search, Inc.. (Attachments: # 1 Certificate/Proof of Service)(McManis, Jason) (Filed on 7/3/2024) (Entered: 07/03/2024)

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 328, receipt number ACANDC-19582619.) filed by Never-Search, Inc.. (Attachments: # 1 Certificate/Proof of Service)(McManis, Jason) (Filed on 7/3/2024) (Entered: 07/03/2024)

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 328, receipt number ACANDC-19582647.) filed by Never-Search, Inc.. (Attachments: # 1 Certificate/Proof of Service)(Bai, Weining) (Filed on 7/3/2024) (Entered: 07/03/2024)

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 328, receipt number ACANDC-19582647.) filed by Never-Search, Inc.. (Attachments: # 1 Certificate/Proof of Service)(Bai, Weining) (Filed on 7/3/2024) (Entered: 07/03/2024)

NOTICE of Appearance by Sujeeth Rajavolu (Rajavolu, Sujeeth) (Filed on 7/3/2024) (Entered: 07/03/2024)

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 328, receipt number ACANDC-19584064.) filed by Never-Search, Inc.. (Attachments: # 1 Certificate/Proof of Service Certificate of Good Standing)(Henry, Abanoub) (Filed on 7/3/2024) (Entered: 07/03/2024)

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 328, receipt number ACANDC-19584064.) filed by Never-Search, Inc.. (Attachments: # 1 Certificate/Proof of Service Certificate of Good Standing)(Henry, Abanoub) (Filed on 7/3/2024) (Entered: 07/03/2024)

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 328, receipt number ACANDC-19584526.) filed by Never-Search, Inc.. (Attachments: # 1 Certificate/Proof of Service Certificate of Good Standing)(Killingsworth, Michael) (Filed on 7/3/2024) (Entered: 07/03/2024)

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 328, receipt number ACANDC-19584526.) filed by Never-Search, Inc.. (Attachments: # 1 Certificate/Proof of Service Certificate of Good Standing)(Killingsworth, Michael) (Filed on 7/3/2024) (Entered: 07/03/2024)

ORDER Granting 9 Application for Admission of Attorney Pro Hac Vice for Jason McManis, Counsel for Plaintiff. Signed by Judge Virginia K. DeMarchi on 7/3/2024. (amk, COURT STAFF) (Filed on 7/3/2024) Modified on 7/5/2024 (amk, COURT STAFF). (Entered: 07/03/2024)

ORDER Granting 10 Application for Admission of Attorney Pro Hac Vice for Weining Bai, Counsel for Plaintiff. Signed by Judge Virginia K. DeMarchi on 7/3/2024. (amk, COURT STAFF) (Filed on 7/3/2024) (Entered: 07/03/2024)

ORDER Granting 12 Application for Admission of Attorney Pro Hac Vice for Ab Henry, Counsel for Plaintiff. Signed by Judge Virginia K. DeMarchi on 7/3/2024. (amk, COURT STAFF) (Filed on 7/3/2024) (Entered: 07/03/2024)

ORDER Granting 13 Application for Admission of Attorney Pro Hac Vice for Michael Killingsworth, Counsel for Plaintiff. Signed by Judge Virginia K. DeMarchi on 7/3/2024. (amk, COURT STAFF) (Filed on 7/3/2024) (Entered: 07/03/2024)

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Never-Search, Inc... (Fowler, Mateo) (Filed on 7/5/2024) (Entered: 07/05/2024)

Clerk's Notice of Impending Reassignment - Text Only

Clerk's Notice AND ~Util - Teleconference Zoom

Judicial Referral for Purpose of Determining Relationship of Cases Re 24-cv-3950-HSG. Signed by Judge Haywood S. Gilliam, Jr. on 7/10/2024. (ndr, COURT STAFF) (Filed on 7/10/2024) (Entered: 07/10/2024)

Judicial Referral for Purpose of Determining Relationship of Case re 24-cv-3945 RS. Signed by Chief Judge Richard Seeborg on 7/11/2024. (cl, COURT STAFF) (Filed on 7/11/2024) (Entered: 07/11/2024)

ORDER RELATING CASE to 24-cv-03945-RS and 24-cv-03950-HSG. Signed by Judge Rita F. Lin on 7/16/2024. (mkl, COURT STAFF) (Filed on 7/16/2024) (Entered: 07/16/2024)

SUMMONS Returned Executed by Never-Search, Inc.. Google, LLC served on 7/19/2024, answer due 8/9/2024. (Fowler, Mateo) (Filed on 7/22/2024) (Entered: 07/22/2024)

STIPULATION re 1 Complaint, / Joint Stipulation to Extend Time to Respond to Complaint filed by Google, LLC. (Liang, Mark) (Filed on 7/25/2024) (Entered: 07/25/2024)

STIPULATION WITH PROPOSED ORDER TO MOVE INITIAL CASE MANAGEMENT CONFERENCE filed by Google, LLC. (Liang, Mark) (Filed on 9/5/2024) (Entered: 09/05/2024)

Clerk's Notice

NOTICE of Appearance filed by Darin Walter Snyder on behalf of Google, LLC (Snyder, Darin) (Filed on 9/23/2024) (Entered: 09/23/2024)

NOTICE of Appearance filed by David S. Almeling on behalf of Google, LLC (Almeling, David) (Filed on 9/23/2024) (Entered: 09/23/2024)

NOTICE of Appearance filed by Luann Loraine Simmons on behalf of Google, LLC (Simmons, Luann) (Filed on 9/23/2024) (Entered: 09/23/2024)

NOTICE of Appearance filed by Bill Trac on behalf of Google, LLC (Trac, Bill) (Filed on 9/23/2024) (Entered: 09/23/2024)

Corporate Disclosure Statement by Google, LLC identifying Corporate Parent Alphabet Inc., Corporate Parent XXVI Holdings Inc. for Google, LLC. and Certificate of Interested Entities (Liang, Mark) (Filed on 9/23/2024) (Entered: 09/23/2024)

MOTION to Dismiss filed by Google, LLC. Motion to Dismiss Hearing set for 12/17/2024 10:00 AM in San Francisco, Courtroom 15, 18th Floor. Responses due by 10/7/2024. Replies due by 10/15/2024. (Attachments: # 1 Appendix A)(Almeling, David) (Filed on 9/23/2024) (Entered: 09/23/2024)

MOTION to Dismiss filed by Google, LLC. Motion to Dismiss Hearing set for 12/17/2024 10:00 AM in San Francisco, Courtroom 15, 18th Floor. Responses due by 10/7/2024. Replies due by 10/15/2024. (Attachments: # 1 Appendix A)(Almeling, David) (Filed on 9/23/2024) (Entered: 09/23/2024)

Notice of Appearance/Substitution/Change/Withdrawal of Attorney

STIPULATION WITH PROPOSED ORDER To Modify Briefing Deadlines filed by Never-Search, Inc.. (Bai, Weining) (Filed on 10/2/2024) (Entered: 10/02/2024)

ORDER by Judge Rita F. Lin granting 37 Stipulation. Responses due by 10/15/2024. Replies due by 10/29/2024. (This is a text-only entry generated by the court. There is no document associated with this entry.) (rfllc1, COURT STAFF) (Filed on 10/4/2024) (Entered: 10/04/2024)

Set/Reset Deadlines as to 35 MOTION to Dismiss . Responses due by 10/15/2024. Replies due by 10/29/2024. (mkl, COURT STAFF) (Filed on 10/4/2024)

Set Motion and Deadlines/Hearings

Order on Stipulation

OPPOSITION/RESPONSE (re 35 MOTION to Dismiss ) PLAINTIFFS RESPONSE TO DEFENDANTS MOTION TO DISMISS filed byNever-Search, Inc.. (Rajavolu, Sujeeth) (Filed on 10/15/2024) (Entered: 10/15/2024)

Certificate of Interested Entities by Never-Search, Inc. (Fowler, Mateo) (Filed on 10/24/2024) (Entered: 10/24/2024)

Certificate of Interested Entities by Never-Search, Inc. identifying Other Affiliate Keith Kreft, Other Affiliate Ron Fretwell for Never-Search, Inc.. (Fowler, Mateo) (Filed on 10/24/2024) (Entered: 10/24/2024)

REPLY (re 35 MOTION to Dismiss ) filed byGoogle, LLC. (Almeling, David) (Filed on 10/29/2024) (Entered: 10/29/2024)

STIPULATION of Withdrawal of Willful Infringement Claims filed by Never-Search, Inc.. (McManis, Jason) (Filed on 11/6/2024) (Entered: 11/06/2024)

NOTICE OF QUESTIONS FOR HEARING. Signed by Judge Rita F. Lin on 12/10/2024. (mkl, COURT STAFF) (Filed on 12/10/2024) (Entered: 12/10/2024)

Motion Hearing

TRANSCRIPT ORDER for proceedings held on 12/17/2024 before Judge Rita F. Lin by Never-Search, Inc., for Court Reporter Stephen Franklin. (McManis, Jason) (Filed on 12/19/2024) (Entered: 12/19/2024)

TRANSCRIPT ORDER for proceedings held on 12/17/2024 before Judge Rita F. Lin by Google, LLC, for Court Reporter Stephen Franklin. (Liang, Mark) (Filed on 12/19/2024) (Entered: 12/19/2024)

ORDER RELATING CASE to 24-cv-08704-VC. Signed by Judge Rita F. Lin on 1/8/2025. (mkl, COURT STAFF) (Filed on 1/8/2025) (Entered: 01/08/2025)

ORDER by Judge Rita F. Lin granting 35 Motion to Dismiss. (mkl, COURT STAFF) (Filed on 2/28/2025) (Entered: 02/28/2025)

CLERK'S JUDGMENT in favor of Defendant against Plaintiff (mkl, COURT STAFF) (Filed on 2/28/2025) (Entered: 02/28/2025)

NOTICE OF APPEAL to the Federal Circuit by Never-Search, Inc.. Pay.gov Agency Tracking ID ACANDC-20486072. Appeal Record due by 4/23/2025. (McManis, Jason) (Filed on 3/24/2025) (Entered: 03/24/2025)

Appeal packet transmitted via e-mail to Federal Circuit. (dhm, COURT STAFF) (Filed on 3/24/2025)

Remark

USCA Case Number 2025-1585 Federal Circuit for 53 Notice of Appeal to the Federal Circuit filed by Never-Search, Inc. (dhm, COURT STAFF) (Filed on 4/2/2025) (Entered: 04/02/2025)

Track Case Updates

Google, LLC

Never-Search, Inc.