Golden

I. FACTUAL BACKGROUND

1 In 2021, Mr. Golden filed a similar case against Google in South Carolina concerning the 2 same patents-in-suit. See Golden v. Google, No, 21-244, Dkt. No. 1 (D.S.C. Jan 26, 2021). The 3 district court dismissed without leave to amend. Golden v. Google, LLC, No. 6:21-CV-00244-JD- 4 KFM, 2021 WL 5083804, at *3 (D.S.C. Nov. 2, 2021), vacated and remanded sub nom. Golden v. 5 Apple Inc., No. 2022-1229, 2022 WL 4103285 (Fed. Cir. Sept. 8, 2022). The Federal Circuit 6 vacated the dismissal, stating that its decision “[did] not preclude subsequent motions to dismiss 7 by the defendant for failure to state a claim or for summary judgment,” and “expresse[d] no 8 opinion as to the adequacy of the complaint or claim chart except that it is not facially frivolous.” 9 Golden v. Apple Inc., No. 2022-1229, 2022 WL 4103285, at *2 (Fed. Cir. Sept. 8, 2022). 10 Within a week of the Federal Circuit’s decision, Plaintiff filed this case. Plaintiff brings 11 three counts of patent infringement, alleging that Google infringed U.S. Patent Nos. 10,163,287 12 (“’287 Patent”), 9,589,439 (“’439 Patent”), and 9,096,189 (“’189 Patent”). See generally Dkt. No. 13 1…