1

UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF TEXAS

WACO DIVISION

ECOFACTOR, INC,

Plaintiff,

v.

GOOGLE LLC,

Defendant.

Case No.

JURY TRIAL DEMANDED

COMPLAINT FOR PATENT INFRINGEMENT

This is an action for patent infringement arising under the Patent Laws of the United 

States of America, 35 U.S.C. § 1 et seq., in which Plaintiff EcoFactor, Inc. (“Plaintiff” or 

“EcoFactor”) makes the following allegations against Defendant Google LLC. (“Defendant”):

INTRODUCTION

1. This complaint arises from Defendant’s unlawful infringement of the following 

United States patents owned by EcoFactor: U.S. Patent No. 8,180,492 (“’492 Patent”); U.S. 

Patent No. 8,412,488 (“’488 Patent”); U.S. Patent No. 8,738,327 (“’327 Patent”); and U.S. 

Patent No. 10,534,382 (“’382 Patent”) (collectively the “Asserted Patents”).

PARTIES

2. EcoFactor is a privately held company, having its principal place of business at 

441 California Avenue, Number 2, Palo Alto, CA 94301.

1

 EcoFactor was founded in 2006 and 

is headquartered in Palo Alto, California. EcoFactor is a leader in smart home energy 

1 Prior to October 2019, EcoFactor’s principal place of business was at 1450 Veterans Blvd., 

Suite 100, Redwood City, CA 94063.

6:20-cv-00075

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management services. EcoFactor delivers smart home energy management services that improve 

energy efficiency, reduce energy bills and vastly increase demand response efficacy – all while 

maintaining consumer comfort. EcoFactor’s patented big-data analytics and machine learning 

algorithms collect and process massive amounts of residential data – including home 

thermodynamics, family comfort preferences and schedules, plus external data such as weather –

to continually monitor, adapt and learn for optimum energy savings. The company provides 

homeowners significant cost savings and energy usage benefits. EcoFactor’s award-winning 

service has been offered through channel partners such as utilities, energy retailers, broadband 

service providers and HVAC companies.

3. EcoFactor has transformed how homes use energy by applying advanced analytics 

to connected devices in the home. EcoFactor’s platform actively manages thermostats on 

occupants’ behalf in intelligent ways that improve comfort while helping them save time, energy 

and money. Utilities, home service providers and homeowners rely on EcoFactor for demand 

response, energy efficiency, and HVAC performance monitoring services.

4. The HVAC industry and researchers in the field recognize the technological and 

commercial impact of EcoFactor’s patented technologies and innovations. For example, 

EcoFactor’s demand response solution has been recognized multiple times from the Association 

of Energy Services Professionals (AESP) for outstanding achievement in pricing and demand 

response. EcoFactor was also named “Innovator of the Year” by San Mateo County Economic 

Development Association for EcoFactor’s automated approach to energy efficiency and demand 

response services, and has also been named Owler HOT in Redwood City, CA. Moreover, 

EcoFactor received Powergrid International’s Demand Response/Energy Efficiency Project of 

the Year award, and was assessed as one of the top innovators with some of the most 

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commercially important smart home patents.

5. Google LLC is a wholly-owned subsidiary of Alphabet, Inc, and a Delaware 

limited liability company with a principal place of business at 1600 Amphitheatre Parkway, 

Mountain View, California 94043. Google LLC operates a division named Google Nest 

(“Nest”) which, on information and belief, designs and manufactures, among other things, smart 

Thermostats. Google LLC may be served with process through its registered agent, the 

Corporation Service Company, at 211 East. 7th Street, Suite 620, Austin, Texas 78701. Google 

LLC is registered to do business in the State of Texas and has been since at least November 17, 

2006.

JURISDICTION AND VENUE

6. This action arises under the patent laws of the United States, Title 35 of the 

United States Code. This Court has original subject matter jurisdiction pursuant to 28 U.S.C. §§ 

1331 and 1338(a).

7. This Court has personal jurisdiction over Defendant in this action because 

Defendant has committed acts within this District giving rise to this action, and has established 

minimum contacts with this forum such that the exercise of jurisdiction over Defendant would 

not offend traditional notions of fair play and substantial justice. Defendant, directly and through 

subsidiaries or intermediaries, has committed and continue to commit acts of infringement in this 

District by, among other things, importing, offering to sell, and selling products that infringe the 

asserted patents.

8. Venue is proper in this District under 28 U.S.C. § 1400(b). Upon information and 

belief, Defendant has transacted business in this District and has committed acts of direct and 

indirect infringement in this District by, among other things, making, using, offering to sell, 

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selling, and importing products that infringe the asserted patents. Defendant has at least one 

regular and established place of business in the District. For example, Google invested $20 

million to build a corporate office at 500 West 2nd Street, Austin, Texas 78701.

COUNT I

INFRINGEMENT OF U.S. PATENT NO. 8,180,492

9. Plaintiff realleges and incorporates by reference the foregoing paragraphs as if 

fully set forth herein.

10. Plaintiff is the owner and assignee of United States Patent No. 8,180,492 titled 

“System and method for using a networked electronic device as an occupancy sensor for an 

energy management system.” The ’492 Patent was duly and legally issued by the United States 

Patent and Trademark Office on May 15, 2012. Plaintiff is the owner and assignee, possessing 

all substantial rights, to the ’492 Patent. A true and correct copy of the ’492 Patent is attached as 

Exhibit 1.

11. Defendant makes, uses, offers for sale, sells, and/or imports into the United States 

certain products and services that directly infringe, literally and/or under the doctrine of 

equivalents, one or more claims of the ’492 Patent, and continue to do so. By way of illustrative 

example, these infringing products and services include, without limitation, Defendant’s 

products and services, e.g., all generations of the Google Nest Learning Thermostat and all 

versions and variations thereof since the issuance of the ’492 Patent (“Accused 

Instrumentalities”).

12. Defendant has had knowledge of the ’492 patent from a date no later than the date 

of filing of this complaint. Defendant has known how the Accused Products are made and has

known, or has been willfully blind to the fact, that making, using, offering to sell, and selling the 

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accused products within the United States, or importing the Accused Products into the United 

States, would constitute infringement.

13. Defendant has induced, and continues to induce, infringement of the ’492 patent 

by actively encouraging others (including distributors and end customers) to use, offer to sell, 

sell, and import the Accused Products. On information and belief, these acts include providing 

information and instructions on the use of the Accused Products; providing information, 

education and instructions supporting sales by distributors; providing the Accused Products to 

distributors; and indemnifying patent infringement within the United States. 

14. Defendant has also infringed, and continue to infringe, claims of the ‘492 patent 

by offering to commercially distribute, commercially distributing, making, and/or importing the 

Accused Products, which are used in practicing the process, or using the systems, of the patent, 

and constitute a material part of the invention. Defendant knows the components in the Accused 

Products to be especially made or especially adapted for use in infringement of the patent, not a 

staple article, and not a commodity of commerce suitable for substantial noninfringing use. 

Accordingly, Defendant has been, and currently are, contributorily infringing the ’492 patent, in 

violation of 35 U.S.C. § 271(c).

15. The Accused Products satisfy all claim limitations of one or more claims of the 

’492 Patent. For example the Accused Instrumentalities infringe claim 10 of the ’492 Patent. 

One, non-limiting, example of the Accused Instrumentalities’ infringement is presented below.

16. The Accused Instrumentalities include: “A system for altering the setpoint on a 

thermostat for space conditioning of a structure comprising: at least one thermostat having at 

least a first temperature setpoint associated with a non-occupied structure, and at least a second 

temperature setpoint associated with the existence of occupants in said structure.” For example, 

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the Accused Instrumentalities allow users to adjust set points that vary based on whether a 

structure is occupied. 

https://support.google.com/googlenest/answer/9249866?hl=en&ref_topic=9361968

17. The Accused Instrumentalities include “one or more electronic devices having at 

least a graphic user interface comprising a display wherein said electronic devices receive input 

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from one or more users and wherein use of said electronic devices comprises at least one of 

cursor movement, keystrokes or other user interface actions intended to alter a state of one or 

more of said electronic devices by one or more users wherein activity of one or more networked 

electronic devices indicates whether said thermostat should be changed from said first 

temperature setpoint to said second temperature setpoint.” For example, the Accused 

Instrumentalities are designed to work the Google Nets mobile application, that includes a 

graphic user interface that allows to alter the set points and to move the house between Heat, 

Cool, Heat/Cool, and Eco modes as well as to set up Home/Away assist and Early-On.

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https://support.google.com/googlenest/answer/9249866?hl=en&ref_topic=9361968

https://support.google.com/googlenest/answer/9244728

https://support.google.com/googlenest/answer/9246532

18. The Accused Instrumentalities include “wherein said electronic devices and said 

thermostat are connected to a network; an application comprising one or more computer 

processors in communication with said network, wherein said application determines whether 

said one or more electronic devices are in use and in response, whether said thermostat is set to 

said first temperature setpoint that indicates said structure is not occupied.” For example, a 

smartphone using the Google Nest application can be designated to provide location information 

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that is used to determine whether the user is home and thus whether the thermostat should be set 

to an unoccupied temperature setpoint.

https://support.google.com/googlenest/answer/9249866?hl=en&ref_topic=9361968

https://support.google.com/googlenest/answer/9244728

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https://support.google.com/googlenest/answer/9261489

19. The Accused Instrumentalities include “said application determining that said one 

or more users has previously indicated a preference that said user's input be obtained before 

automatically changing said first HVAC temperature setpoint to said second HVAC temperature 

setpoint indicating that said structure is deemed to be occupied; said application prompting said 

one or more users based on said determining that said one or more of said user's input should be 

obtained, wherein said application provides electronic notice to one or more of said users of said 

electronic devices that said thermostat is set for a non-occupied structure and whether to keep 

said first temperature setpoint or change to said second temperature setpoint; and wherein said 

application in response to said prompting, receives input from said one or more users to keep 

said first HVAC temperature setpoint; and wherein said thermostat is kept at said first 

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temperature setpoint based upon said input from said one or more users.” For example, the 

Accused Instrumentalities will store schedules set by a user that determine whether and when to 

switch to an active Heating/Cooling from an away Eco state. The user can access these settings 

and modify the settings by use of the mobile application. The user can also disable autoscheduling so that user input is required to switch between modes. Further, the user can set and 

enable or disable Home/Away assist and Early-On modes.

https://support.google.com/googlenest/answer/9249866?hl=en&ref_topic=9361968

https://support.google.com/googlenest/answer/9244728

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https://support.google.com/googlenest/answer/9261489

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https://support.google.com/googlenest/answer/9243487

https://support.google.com/googlenest/answer/9246532

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https://support.google.com/googlenest/answer/9257400

20. By making, using, offering for sale, selling and/or importing into the United 

States the Accused Products, Defendant has injured Plaintiff and is liable for infringement of 

the ’492 Patent pursuant to 35 U.S.C. § 271.

21. As a result of Defendant’s infringement of the ’492 Patent, Plaintiff is entitled to 

monetary damages in an amount adequate to compensate for Defendant’s infringement, but in no 

event less than a reasonable royalty for the use made of the invention by Defendant, together 

with interest and costs as fixed by the Court.

22. Defendant’s infringing activities have injured and will continue to injure Plaintiff, 

unless and until this Court enters an injunction prohibiting further infringement of the ’492

Patent, and, specifically, enjoining further manufacture, use, sale, importation, and/or offers for 

sale that come within the scope of the patent claims.

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COUNT II

INFRINGEMENT OF U.S. PATENT NO. 8,412,488

23. Plaintiff realleges and incorporates by reference the foregoing paragraphs as if 

fully set forth herein.

24. Plaintiff is the owner and assignee of United States Patent No. 8,412,488 titled 

“System and method for using a network of thermostats as tool to verify peak demand 

reduction.” The ’488 patent was duly and legally issued by the United States Patent and 

Trademark Office on April 2, 2013. Plaintiff is the owner and assignee, possessing all 

substantial rights, to the ’488 Patent. A true and correct copy of the ’488 Patent is attached as 

Exhibit 2.

25. Defendants make, use, offer for sale, sell, and/or import into the United States 

certain products and services that directly infringe, literally and/or under the doctrine of 

equivalents, one or more claims of the ’488 Patent, and continue to do so. By way of illustrative 

example, these infringing products and services include, without limitation, Defendant’s 

products and services, e.g., such all generations of the Google Nest Learning Thermostat and all 

versions and variations thereof since the issuance of the ’488 Patent (“Accused 

Instrumentalities”).

26. Defendant has had knowledge of the ’488 patent from a date no later than the date 

of filing of this complaint. Defendant has known how the Accused Products are made and has

known, or has been willfully blind to the fact, that making, using, offering to sell, and selling the 

accused products within the United States, or importing the Accused Products into the United 

States, would constitute infringement.

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27. Defendant has induced, and continues to induce, infringement of the ’488 patent 

by actively encouraging others (including distributors and end customers) to use, offer to sell, 

sell, and import the Accused Products. On information and belief, these acts include providing 

information and instructions on the use of the Accused Products; providing information, 

education and instructions supporting sales by distributors; providing the Accused Products to 

distributors; and indemnifying patent infringement within the United States. 

28. Defendant has also infringed, and continue to infringe, claims of the ‘488 patent 

by offering to commercially distribute, commercially distributing, making, and/or importing the 

Accused Products, which are used in practicing the process, or using the systems, of the patent, 

and constitute a material part of the invention. Defendant knows the components in the Accused 

Products to be especially made or especially adapted for use in infringement of the patent, not a 

staple article, and not a commodity of commerce suitable for substantial noninfringing use. 

Accordingly, Defendant has been, and currently are, contributorily infringing the ’488 patent, in 

violation of 35 U.S.C. § 271(c).

29. The Accused Products satisfy all claim limitations of one or more claims of the 

’488 Patent. For example the Accused Instrumentalities infringe claim 1 of the ’488 Patent. One, 

non-limiting, example of the Accused Instrumentalities’ infringement is presented below.

30. The Accused Instrumentalities include “[a] system for monitoring the operational 

status of an HVAC system comprising: at least one HVAC control system associated with a first 

structure that receives temperature measurements from at least a first structure conditioned by at 

least one HVAC system.” For example, Accused Instrumentalities receive temperature 

measurements from inside the building that it is servicing.

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https://support.google.com/googlenest/answer/9246532?hl=en

31. The Accused Instrumentalities include “one or more processors that receive 

measurements of outside temperatures from at least one source other than said HVAC system.” 

For example, the Accused Instrumentalities receive measurements of outside temperature and 

sunset and sunrise information from the internet.

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https://support.google.com/googlenest/answer/9246532

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https://store.google.com/product/nest_learning_thermostat_3rd_gen

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https://support.google.com/googlenest/answer/9249796

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https://support.google.com/googlenest/answer/9246532

32. The Accused Instrumentalities include “wherein said one or more processors 

compares the inside temperature of said first structure and the outside temperature over time to 

derive an estimation for the rate of change in inside temperature of said first structure in response 

to outside temperature, and wherein said one or more processors compare an inside temperature 

recorded inside the first structure with said estimation for the rate of change in inside 

temperature of said first structure to determine whether the first HVAC system is on or off.” For 

example, the Accused Instrumentalities will compare internal temperature and external 

temperature and, other factors, to calculate the rate of change of inside temperature, and use this 

calculation to determine when to turn the HVAC system on or off.

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https://support.google.com/googlenest/answer/9249796

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https://support.google.com/googlenest/answer/9246532

33. By making, using, offering for sale, selling and/or importing into the United 

States the Accused Products, Defendant has injured Plaintiff and is liable for infringement of 

the ’488 Patent pursuant to 35 U.S.C. § 271.

34. As a result of Defendant’s infringement of the ’488 Patent, Plaintiff is entitled to 

monetary damages in an amount adequate to compensate for Defendant’s infringement, but in no 

event less than a reasonable royalty for the use made of the invention by Defendant, together 

with interest and costs as fixed by the Court.

35. Defendant’s infringing activities have injured and will continue to injure Plaintiff, 

unless and until this Court enters an injunction prohibiting further infringement of the ’488

Patent, and, specifically, enjoining further manufacture, use, sale, importation, and/or offers for 

Case 6:20-cv-00075-ADA Document 1 Filed 01/31/20 Page 26 of 56
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sale that come within the scope of the patent claims.

COUNT III

INFRINGEMENT OF U.S. PATENT NO. 8,738,327

36. Plaintiff realleges and incorporates by reference the foregoing paragraphs as if 

fully set forth herein.

37. Plaintiff is the owner and assignee of United States Patent No. 8,738,327 titled 

“System and method for using a network of thermostats as tool to verify peak demand 

reduction.” The ’327 patent was duly and legally issued by the United States Patent and 

Trademark Office on May 27, 2014. Plaintiff is the owner and assignee, possessing all 

substantial rights, to the ’327 Patent. A true and correct copy of the ’327 Patent is attached as 

Exhibit 3.

38. Defendants make, use, offer for sale, sell, and/or import into the United States 

certain products and services that directly infringe, literally and/or under the doctrine of 

equivalents, one or more claims of the ’327 Patent, and continue to do so. By way of illustrative 

example, these infringing products and services include, without limitation, Defendant’s 

products and services, e.g., such as all generations of the Google Nest Learning Thermostat and 

and all versions and variations thereof since the issuance of the ’327 Patent (“Accused 

Instrumentalities”).

39. Defendant has had knowledge of the ’327 patent from a date no later than the date 

of filing of this complaint. Defendant has known how the Accused Products are made and have

known, or have been willfully blind to the fact, that making, using, offering to sell, and selling 

the accused products within the United States, or importing the Accused Products into the United 

States, would constitute infringement.

Case 6:20-cv-00075-ADA Document 1 Filed 01/31/20 Page 27 of 56
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40. Defendant has induced, and continue to induce, infringement of the ’327 patent by 

actively encouraging others (including distributors and end customers) to use, offer to sell, sell, 

and import the Accused Products. On information and belief, these acts include providing 

information and instructions on the use of the Accused Products; providing information, 

education and instructions supporting sales by distributors; providing the Accused Products to 

distributors; and indemnifying patent infringement within the United States. 

41. Defendant has also infringed, and continue to infringe, claims of the ‘327 patent 

by offering to commercially distribute, commercially distributing, making, and/or importing the 

Accused Products, which are used in practicing the process, or using the systems, of the patent, 

and constitute a material part of the invention. Defendant knows the components in the Accused 

Products to be especially made or especially adapted for use in infringement of the patent, not a 

staple article, and not a commodity of commerce suitable for substantial noninfringing use. 

Accordingly, Defendant has been, and currently are, contributorily infringing the ’327 patent, in 

violation of 35 U.S.C. § 271(c).

42. The Accused Products satisfy all claim limitations of one or more claims of the 

’327 Patent. One, non-limiting, example of the Accused Instrumentalities’ infringement is 

presented below. For example, the Accused Instrumentalities include “[a] system for controlling 

the operational status of an HVAC system comprising: at least one thermostat associated with a 

structure that receives temperature measurements from inside the structure, the structure 

conditioned by at least one HVAC system, the thermostat having at least a first setting stored 

therein.” For example, the Accused Instrumentalities have a thermostat that receives temperature 

settings from inside the structure which can store settings, including a schedule for heating and 

cooling, set points, whether the device is in Heat/Cool, Heat, Cool, or Eco modes, whether to 

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enable Home/Away assist, whether to enable automatic scheduling, and whether to enable EarlyOn.

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https://support.google.com/googlenest/answer/9246532?hl=en

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https://support.google.com/googlenest/answer/9249866?hl=en&ref_topic=9361968

43. For example, the Accused Instrumentalities include “one or more servers located 

remotely from the structure, the one or more servers configured to receive measurements of 

outside temperatures from at least one source other than the HVAC system.” For example, the 

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Accused Instrumentalities receive measurements of outside temperature from the internet.

https://support.google.com/googlenest/answer/9246532

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https://store.google.com/product/nest_learning_thermostat_3rd_gen

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https://support.google.com/googlenest/answer/9249796

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https://support.google.com/googlenest/answer/9246532

44. For example, Accused Instrumentalities include “the one or more servers are 

further configured to communicate with the thermostat via a network, wherein the one or more 

servers receive inside temperatures from the thermostat and compares the inside temperatures of 

the structure and the outside temperatures over time to derive an estimation for the rate of change 

in inside temperature of the structure in response to outside temperature.” For example, the 

Accused Instrumentalities will compare internal temperature and external temperature and, other 

factors, to calculate the rate of change of inside temperature in order to allow Early-On, auto 

scheduling, and Home/Away Assist modes to operate.

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https://support.google.com/googlenest/answer/9246532

https://store.google.com/product/nest_learning_thermostat_3rd_gen

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https://support.google.com/googlenest/answer/9249796

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https://support.google.com/googlenest/answer/9246532

45. The Accused Instrumentalities further include “the one or more servers are further 

configured to receive a demand reduction request and determine whether the structure is 

associated with demand rejection request, and based on the determination that the structure is 

associated with the demand reduction request, the one or more servers are further configured to 

send a signal to the thermostat to change the setting to a second setting to reduce electricity 

demand by the HVAC system.” For example, using the mobile application users of the Accused 

Instrumentalities can instruct the Accused Instrumentalities to reduce the amount of usage of the 

devices by placing the device into Eco mode, by enabling Early-On to reduce unnecessary 

HVAC use, by using Home/Away assist, by altering set point temperatures, or by using Sun 

Case 6:20-cv-00075-ADA Document 1 Filed 01/31/20 Page 41 of 56
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Block as described above.

46. By making, using, offering for sale, selling and/or importing into the United 

States the Accused Products, Defendant has injured Plaintiff and are liable for infringement of 

the ’327 Patent pursuant to 35 U.S.C. § 271.

47. As a result of Defendant’s infringement of the ’327 Patent, Plaintiff is entitled to 

monetary damages in an amount adequate to compensate for Defendant’s infringement, but in no 

event less than a reasonable royalty for the use made of the invention by Defendant, together 

with interest and costs as fixed by the Court.

48. Defendant’s infringing activities have injured and will continue to injure Plaintiff, 

unless and until this Court enters an injunction prohibiting further infringement of the ’327

Patent, and, specifically, enjoining further manufacture, use, sale, importation, and/or offers for 

sale that come within the scope of the patent claims.

COUNT IV

INFRINGEMENT OF U.S. PATENT NO. 10,534,382

49. Plaintiff realleges and incorporates by reference the foregoing paragraphs as if 

fully set forth herein.

50. Plaintiff is the owner and assignee of United States Patent No. 10,534,382 titled 

“System and method for using a wireless device as a sensor for an energy management system.” 

The ’382 patent was duly and legally issued by the United States Patent and Trademark Office 

on January 14, 2020. Plaintiff is the owner and assignee, possessing all substantial rights, to 

the ’382 Patent. A true and correct copy of the ’382 Patent is attached as Exhibit 4.

51. Defendants make, use, offer for sale, sell, and/or import into the United States 

certain products and services that directly infringe, literally and/or under the doctrine of 

Case 6:20-cv-00075-ADA Document 1 Filed 01/31/20 Page 42 of 56
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equivalents, one or more claims of the ’382 Patent, and continue to do so. By way of illustrative 

example, these infringing products and services include, without limitation, Defendant’s 

products and services, e.g., all generations of the Google Nest Learning Thermostat and all 

versions and variations thereof since the issuance of the ’382 Patent (“Accused 

Instrumentalities”).

52. Defendant has had knowledge of the ’382 patent from a date no later than the date 

of filing of this complaint. Defendant has known how the Accused Products are made and have

known, or have been willfully blind to the fact, that making, using, offering to sell, and selling 

the accused products within the United States, or importing the Accused Products into the United 

States, would constitute infringement.

53. Defendant has induced, and continue to induce, infringement of the ’382 patent by 

actively encouraging others (including distributors and end customers) to use, offer to sell, sell, 

and import the Accused Products. On information and belief, these acts include providing 

information and instructions on the use of the Accused Products; providing information, 

education and instructions supporting sales by distributors; providing the Accused Products to 

distributors; and indemnifying patent infringement within the United States. 

54. Defendant has also infringed, and continue to infringe, claims of the ‘382 patent 

by offering to commercially distribute, commercially distributing, making, and/or importing the 

Accused Products, which are used in practicing the process, or using the systems, of the patent, 

and constitute a material part of the invention. Defendant knows the components in the Accused 

Products to be especially made or especially adapted for use in infringement of the patent, not a 

staple article, and not a commodity of commerce suitable for substantial noninfringing use. 

Case 6:20-cv-00075-ADA Document 1 Filed 01/31/20 Page 43 of 56
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Accordingly, Defendant has been, and currently are, contributorily infringing the ’382 patent, in 

violation of 35 U.S.C. § 271(c).

55. The Accused Products satisfy all claim limitations of one or more claims of the 

’327 Patent. One, non-limiting, example of the Accused Instrumentalities’ infringement is 

presented below.

56. The Accused Instrumentalities include: “[a] system for controlling an HVAC 

system at a user's building, the system comprising: a memory; and one or more processors with 

circuitry and code designed to execute instructions.” For example, the Accused Instrumentalities 

includes memory, processors and circuity and code, to schedule heating and cooling, to set the 

device into Cool, Heat, Heat/Cool, or Eco modes, and to enable a variety of features including 

Home/Away Assist, Early-On, automatic scheduling, Sun Block, and others.

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https://support.google.com/googlenest/answer/9249866?hl=en&ref_topic=9361968

https://support.google.com/googlenest/answer/9244728

https://support.google.com/googlenest/answer/9246532

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https://support.google.com/googlenest/answer/9261489

57. The Accused Instrumentalities include “the one or more processors with circuitry 

and code designed to execute instructions to receive a first data from at least one sensor, wherein 

the first data from the at least one sensor includes a measurement of at least one characteristic of 

the building.” For example, the Accused Instrumentalities can determine whether the building is 

occupied, the internal temperature of the building, and the status of the HVAC system.

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https://support.google.com/googlenest/answer/9249866?hl=en&ref_topic=9361968

Case 6:20-cv-00075-ADA Document 1 Filed 01/31/20 Page 47 of 56
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https://support.google.com/googlenest/answer/9244728

https://support.google.com/googlenest/answer/9246532

58. The Accused Instrumentalities include “the one or more processors with circuitry 

and code designed to execute instructions to receive a second data from a network connection, 

wherein the second data from the network connection is collected from a source external to the 

building, wherein the second data from the network connection is received via the Internet.” For 

example, as explained above, the Accused Instrumentalities receive information concerning 

outdoor temperature, weather, sunrise and sunset times, anticipated rates of temperature change, 

and mobile device lations, which, on information and belief is received from the internet.

59. The Accused Instrumentalities include “the one or more processors with circuitry 

and code designed to execute instructions to receive a first temperature setpoint for the building 

corresponding to a desired temperature setting when the building is occupied, and a second 

temperature setpoint for the building corresponding to a desired temperature setting when the 

building is unoccupied.” For example, as explained above, the Accused Instrumentalities using, 

e.g., Home Assist, Early-On, automatic scheduling, and user settings to identify a target 

temperature set point when the building is occupied (e.g., the temperature set by a user or 

automatic scheduling) and a temperature setpoint for when the building is unoccupied (e.g., an 

automatically scheduled away temperature, the Eco setting temperature, Home/Away Assist 

Case 6:20-cv-00075-ADA Document 1 Filed 01/31/20 Page 48 of 56
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designated temperature set points, or a temperature that allows for Early-On adjustment when a 

user arrives home).

60. The Accused Instrumentalities include “the one or more processors with circuitry 

and code designed to execute instructions to receive commands through the Internet by way of a 

remote interface on a mobile, wireless device running software application code; wherein the 

interface is configured to allow the user to adjust temperature setpoints for the HVAC system; 

the one or more processors with circuitry and code designed to execute instructions to send userspecific data through the Internet, wherein user-specific information about the building and 

HVAC system is generated based at least in part on the user-specific data, wherein the userspecific information is configured to be presented on a user interface on a mobile, wireless 

device running software application code via the Internet.” For example, as explained above, 

using the Google Nest mobile application, a user can change temperature set points and enable or 

disable features that alter the set point through the user settings in combination with, on 

information and belief, cloud based features such as automatic scheduling, Home/Away Assist, 

and Early-On.

61. The Accused Instrumentalities include “the one or more processors with circuitry 

and code designed to execute instructions to determine whether the building is occupied or 

unoccupied, and based on that determination, to control the HVAC system to provide heating or 

cooling to the building at an operational temperature.” For example, the Accused 

Instrumentalities will provide heating or cooling based on whether a building is occupied or 

unoccupied through their Home/Away Assist features, automatic temperature scheduling, and 

Early-On features, among others.

62. The Accused Instrumentalities include “wherein the one or more processors 

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comprises a first processor with circuitry and code designed to execute instructions, which is 

located remotely from the memory and is not electrically connected to the memory; the first 

processor with circuitry and code designed to execute instructions to communicate with the 

memory.” For example, using a mobile device with the Google Nest mobile application, which is 

not connected to the memory on the Accused Instrumentalities, a user can change the setpoints of 

the thermostat and enable or disable features capable of doing same. On information and belief, 

Google’s cloud-based program may also communicate with the memory. In addition, the 

Accused Instrumentalities can communicate with remote sensors, which are configured to 

communicate with the memory of the Accused Instrumentalities.

63. The Accused Instrumentalities include “wherein the memory is configured to 

store historical values of the first data and second data.” For example, on information and belief, 

the Accused Instrumentalities store historical information about internal temperature, 

temperature set points, occupation and activity, external temperature, external weather, mobile 

device location, etc. as part of the learning features of the device including learning for automatic 

scheduling, Home/Away Assist, and Early-On and in order to provide Energy History.

https://support.google.com/googlenest/answer/9249866?hl=en&ref_topic=9361968

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https://support.google.com/googlenest/answer/9247300

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https://support.google.com/googlenest/answer/9247510

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https://support.google.com/googlenest/answer/9246532

64. By making, using, offering for sale, selling and/or importing into the United 

States the Accused Products, Defendant has injured Plaintiff and are liable for infringement of 

the ’382 Patent pursuant to 35 U.S.C. § 271.

65. As a result of Defendant’s infringement of the ’382 Patent, Plaintiff is entitled to 

monetary damages in an amount adequate to compensate for Defendant’s infringement, but in no 

event less than a reasonable royalty for the use made of the invention by Defendant, together 

with interest and costs as fixed by the Court.

66. Defendant’s infringing activities have injured and will continue to injure Plaintiff, 

unless and until this Court enters an injunction prohibiting further infringement of the ’382

Patent, and, specifically, enjoining further manufacture, use, sale, importation, and/or offers for 

sale that come within the scope of the patent claims.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that this Court enter:

a. A judgment in favor of Plaintiff that Defendant has infringed, either literally 

and/or under the doctrine of equivalents, the ’492 Patent, the ’488 Patent, the ’327 Patent, and 

the ’382 Patent;

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b. A permanent injunction prohibiting Defendant from further acts of infringement 

of the ’492 Patent, the ’488 Patent, the ’327 Patent, and the ’382 Patent;

c. A judgment and order requiring Defendant to pay Plaintiff its damages, enhanced 

damages, costs, expenses, and pre-judgment and post-judgment interest for Defendant’s

infringement of the ’492 Patent, the ’488 Patent, the ’327 Patent, and the ’382 Patent;

d. A judgment and order requiring Defendant to provide an accounting and to pay 

supplemental damages to Plaintiff, including without limitation, pre-judgment and post-judgment 

interest;

e. A judgment and order finding that this is an exceptional case within the meaning 

of 35 U.S.C. § 285 and awarding to Plaintiff its reasonable attorneys’ fees against Defendant; 

and

f. Any and all other relief as the Court may deem appropriate and just under the 

circumstances.

DEMAND FOR JURY TRIAL

Plaintiff, under Rule 38 of the Federal Rules of Civil Procedure, requests a trial by jury of 

any issues so triable by right.

Dated: January 31, 2020 Respectfully submitted,

/s/ Reza Mirzaie

Reza Mirzaie

Marc A. Fenster

Paul A. Kroeger

C. Jay Chung

RUSS AUGUST & KABAT

12424 Wilshire Boulevard 12th Floor

Los Angeles, California 90025

Tel: 310-826-7474

Fax: 310-826-6991

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rmirzaie@raklaw.com

mfenster@raklaw.com

prkoeger@raklaw.com

jchung@raklaw.com

Attorneys for Plaintiff EcoFactor, Inc.

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