Sayre
Sayre v. Google, Inc.
Opinion
trial_court Opinion
INTRODUCTION
16 In this pro se antitrust action, plaintiff accuses defendant of using its monopoly power 17 to suppress competition. Defendant moves to dismiss all claims. The motion to dismiss is 18 19
GRANTED.
STATEMENT
20 Plaintiff Paul Joseph Sayre is the owner and creator of RDevice. In 2009, Sayre filed a 21 provisional patent on messenger technology for RDevice. In 2010, he filed a formal patent 22 application and launched RDevice as a web and mobile messenger developed to work on 23 defendant Google’s Android mobile operating system. Sayre alleges that RDevice had many 24 features that directly competed with Google in the communication and social space because 25 it was one of the first messengers ever launched (Dkt. No. 58 at 2). 26 Google Play is the primary method for installing applications on Android devices; 27 Google automatically blocks devices from downloading apps from any other source. RDevice is 28 1 an app designed specifically for Android smart phones and will not work on another operating 2 system without completely reprogramming the software code. Users may install RDevice 3 without Google Play by overriding the device security features but…