Case 3:21-cv-05155 Document 1 Filed 07/05/21 Page 1 of 14
`
`STEPHEN M. LOBBIN
`sml@smlavvocati.com
`SML AVVOCATI P.C.
`888 Prospect Street, Suite 200
`San Diego, California 92037
`(949) 636-1391 (Phone)
`
`Attorney(s) for Plaintiff Geographic Location Innovations, LLC
`
` IN THE UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF CALIFORNIA
`
`GEOGRAPHIC LOCATION
`INNOVATIONS, LLC,
`Plaintiff,
`
`v.
`HEALTH MART SYSTEMS,
`INC.,
`
`Defendant.
`
`CASE NO. 3:21-cv-05155
`
`DEMAND FOR JURY TRIAL
`
`COMPLAINT
`Plaintiff Geographic Location Innovations LLC (“Plaintiff” or “GLI”) files this
`Complaint against Health Mart Systems, Inc. (“Defendant” or “HMSI”) for
`infringement of United States Patent No. 7,917,285 (hereinafter “the ‘285 Patent”).
`PARTIES AND JURISDICTION
`This is an action for patent infringement under Title 35 of the United
`1.
`States Code. Plaintiff is seeking injunctive relief as well as damages.
`2.
`Jurisdiction is proper in this Court pursuant to 28 U.S.C. §§ 1331
`(Federal Question) and 1338(a) (Patents) because this is a civil action for patent
`infringement arising under the United States patent statutes.
`3.
`Plaintiff is a Texas limited liability company with a virtual office located
`at 1 East Broward Boulevard, Suite 700, Ft. Lauderdale, FL 33301.
`1
`COMPLAINT
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`

`

`Case 3:21-cv-05155 Document 1 Filed 07/05/21 Page 2 of 14
`
`
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`
`
`On information and belief, Defendant is a Delaware corporation with a
`4.
`
`place of business located at One Post Street, San Francisco, CA 94104. On
`information and belief, Defendant may be served through its agent, Corporation
`Service Company, 251 Little Falls Drive, Wilmington, DE 19808.
`
`5.
`On information and belief, this Court has personal jurisdiction over
`Defendant because Defendant has committed, and continues to commit, acts of
`infringement in this District, has conducted business in this District, and/or has
`engaged in continuous and systematic activities in this District.
`
`6.
`On information and belief, Defendant’s instrumentalities that are alleged
`herein to infringe were and continue to be used, imported, offered for sale, and/or sold
`in this District.
`
`VENUE
`On information and belief, venue is proper in this District under 28
`7.
`
`U.S.C. § 1400(b) because Defendant is deemed to be a resident of this District.
`Alternatively, acts of infringement are occurring in this District and Defendant has a
`regular and established place of business in this District.
`COUNT I
`(INFRINGEMENT OF UNITED STATES PATENT NO. 7,917,285)
`8.
`Plaintiff incorporates paragraphs 1 through 7 herein by reference.
`
`9.
`This cause of action arises under the patent laws of the United States
`
`and, in particular, under 35 U.S.C. §§ 271, et seq.
`
`10. Plaintiff is the owner by assignment of the ‘285 Patent with sole rights
`to enforce the ‘044 Patent and sue infringers.
`
`11. A copy of the ‘285 Patent, titled “Device, System and Method for
`Remotely Entering, Storing and Sharing Addresses for a Positional Information
`Device,” is attached hereto as Exhibit A.
`
`12. The ‘285 Patent is valid, enforceable, and was duly issued in full
`compliance with Title 35 of the United States Code.
`
`2
`COMPLAINT
`
`
`
`

`

`Case 3:21-cv-05155 Document 1 Filed 07/05/21 Page 3 of 14
`
`
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`
`
`13. On March 29, 2011, the United States Patent & Trademark Office
`
`(USPTO) duly and legally issued the ‘285 Patent.
`
`14. The ‘285 Patent teaches a method and apparatus for storing and sharing
`addresses for a positional information device. Among other things, the claimed
`system allows a user to request an address, such as the address for a store, from a
`server. The server determines the requested address and transmits it to the positional
`information device. The device receives the address and the system determines route
`guidance to the store address based at least in part on the location of the positional
`information device. The server also receives a time and date associated with the
`address request.
`
`15. The ‘285 Patent invention solves problems that existed with then-
`existing navigation systems associate with having address information loaded onto a
`positional information device (such as a GPS-equipped mobile phone). Problems
`arose due to a number of different factors including: (1) disparate navigational
`devices; (2) navigational devices that required preprogramming of address
`information; (3) the use of different vehicles by one or more users all going to the
`same address; and (4) users needing address information downloaded while driving.
`See, ‘285 Patent Specification, 1:35-2:13.
`
`16. At the time of the invention claimed in the ‘285 Patent, telematics
`enabled a central processing center to provide certain services such as help with
`directions and tracking stolen vehicles. Telematics, however, did not provide address
`downloads and associated route guidance to stores to a user’s mobile phone. The
`claimed invention provides these features and overcomes problems associated with
`prior systems.
`
`17. The ‘285 Patent is directed to computerized technologies to provide
`users with easy access to address downloads and associated route guidance. Among
`other things, the ‘285 Patent claims (in Claim 13 for example), a system for entering
`location information into a positional information device. The system includes a
`
`3
`COMPLAINT
`
`
`
`

`

`Case 3:21-cv-05155 Document 1 Filed 07/05/21 Page 4 of 14
`
`
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`
`
`server, which is configured to receive an address request, to determine the address of
`at least one location, and to transmit that address to the positional information device.
`The positional information device includes: (1) a location information module for
`determining the location of the device; (2) a communication module for receiving the
`information from the server; (3) a processing module for receiving the at least one
`determined address and for determining route guidance based at least in part on the
`location of the device; (4) a display module for displaying the route guidance; and (5)
`a communication network to couple the device to the server. Collectively, these
`components operate in a way that was neither generic, nor well-known, at least at the
`time of the invention. Moreover, certain individual components (e.g., the processing
`module and the server) operate in a way that is neither generic nor well-known.
`
`18. The ‘285 Patent solves problems with the art that are rooted in computer
`technology and that are associated with electronic transmission, loading, and storage
`of location information, as well as automatic provisioning of route guidance. The ‘285
`Patent claims do not merely recite the performance of some business practice known
`from the pre-Internet world along with the requirement to perform it on the Internet.
`
`19. The ‘285 Patent invention includes include software and hardware that
`do not operate in a conventional manner.
`
`20. The improvements of the ‘285 Patent and the features recited in the
`claims of the ‘285 Patent provide improvements to conventional hardware and
`software systems and methods. The improvements render the claimed invention of
`the ‘285 Patent non-generic in view of conventional components.
`
`21. The improvements of the ‘285 Patent and the features recited in the
`claims of the ’285 Patent would not be well-understood, routine or conventional to
`one of ordinary skill in the art at the time of the invention.
`
`22. Upon information and belief, Defendant has infringed and continues to
`infringe one or more claims, including at least Claim 13, of the ‘285 Patent by making,
`using (at least by having its employees, or someone under Defendant's control, test
`
`4
`COMPLAINT
`
`
`
`

`

`Case 3:21-cv-05155 Document 1 Filed 07/05/21 Page 5 of 14
`
`
`
`the System), importing, selling, and/or offering for sale a website with associated
`hardware and software embodied, for example, in its store locator system (the
`“System”) covered by at least Claim 13 of the ‘285 Patent. The System is used, for
`example,
`in
`connection
`with
`Defendant’s
`website
`at
`https://www.healthmart.com/store-locator.html.
` Defendant has
`infringed and
`continues to infringe the ‘285 patent either directly or through acts of contributory
`infringement or inducement in violation of 35 U.S.C. § 271.
`
`23. The System includes the mobile website and associated hardware. These
`tools provide a route planner mobile application. This application provides for remote
`entry of location information, such as destination into a positional information device
`such as, for example, a computer or smart phone in which users can find stores. The
`website automatically loads available routes onto the positional information device
`based on the user’s location. Certain aspects of this element are illustrated in the
`screenshot(s) below and/or in those provided in connection with other allegations
`herein.
`
`24. The System includes one or more servers that receive a request for an
`
`address such as destination (i.e., an address of a location not stored within the
`
`
`5
`COMPLAINT
`
`
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`
`
`
`
`

`

`Case 3:21-cv-05155 Document 1 Filed 07/05/21 Page 6 of 14
`
`
`
`positional device, such as a smartphone). The server determines the address of the
`destination (i.e., address of the at least one location) and transmits the determined
`address to the positional information device. The user can see (on the positional
`information device) a visual indication of the destination in a map. Certain aspects of
`this element are illustrated in the screenshot(s) below and/or in those provided in
`connection with other allegations herein.
`
`
`
`25. The server(s) determine the address(es) and transmits the determined
`
`address to the positional information device (e.g., smartphone). For example, the
`server(s) transmits to the positional information device a visual indication of the
`location on a map. Certain aspects of this element are illustrated in the screenshot(s)
`below and/or in those provided in connection with other allegations herein.
`
`
`
`6
`COMPLAINT
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`
`
`
`
`

`

`Case 3:21-cv-05155 Document 1 Filed 07/05/21 Page 7 of 14
`
`
`
`
`
`26. The Product includes a locational information module for determining
`
`the location information of the positional information device. For example, the
`system installed on the smartphone (i.e., positional information device) is able to
`utilize the GPS location (i.e., location information module) to determine the location
`of the smartphone (i.e., positional information device). Certain aspects of this element
`are illustrated in the screenshot(s) below and/or in those provided in connection with
`other allegations herein.
`
`
`
`7
`COMPLAINT
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`
`
`
`
`

`

`Case 3:21-cv-05155 Document 1 Filed 07/05/21 Page 8 of 14
`
`
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`
`
`
`
`
`
`27. The user’s device (i.e., position information device) on which the
`
`application is installed, uses the cellular network communication transceiver (i.e.,
`communication module) through which the smartphone (i.e., the positional
`information device) receives the address of the destination (i.e., location address).
`Certain aspects of this element are illustrated in the screenshot(s) below and/or in
`those provided in connection with other allegations herein.
`
`
`
`8
`COMPLAINT
`
`

`

`Case 3:21-cv-05155 Document 1 Filed 07/05/21 Page 9 of 14
`
`
`
`DiRECTIONS TO ABACUS HEALTH MART
`
`PHARMACY
`
`Source: httgsrflwwwheallh mart.comfstore-Jcrcator.h1ml
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`
`
`"+3: HOfII'THESI
`
`:r‘ E
`
`11th St 1:
`
`' 9': Avenue A
`
`
`
`
`
`
`
`9
`COMPLAINT
`
`

`

`Case 3:21-cv-05155 Document 1 Filed 07/05/21 Page 10 of 14
`
`
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`
`
`
`
`
`
`28. The System includes a processing module (e.g., mapping software and
`
`the mobile website), which receives the determined address(es) from the
`communication module. The processing module determines route guidance based on
`the location of the positional information device and the determined address(es).
`Certain aspects of this element are illustrated in the screenshot(s) below and/or in
`those provided in connection with other allegations herein.
`
`
`
`10
`COMPLAINT
`
`

`

`Case 3:21-cv-05155 Document 1 Filed 07/05/21 Page 11 of 14
`
`
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`
`
`
`
`29. The System includes a display module (e.g., screen on the positional
`
`information device) for displaying the route guidance. Certain aspects of this element
`are illustrated in the screenshot(s) provided in connection with other allegations
`herein.
`
`
`
`
`
`11
`COMPLAINT
`
`

`

`Case 3:21-cv-05155 Document 1 Filed 07/05/21 Page 12 of 14
`
`
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`
`
`
`
`
`
`30. The System includes a communications network (e.g., cellular network
`
`and/or Internet) for coupling the positional information device to the server(s).
`Certain aspects of this element are illustrated in the screenshot(s) below and/or in
`those provided in connection with other allegations herein.
`
`31. The server(s) receives a time and date (e.g., the time and date of the
`request for a location) associated with the requested location and transmits the
`associated time and date with the determined address (i.e., destination) by the help of
`maps (i.e., communication module) to the positional information device (i.e.,
`smartphone) and the positional information device displays the determined address at
`the associated time and date. Certain aspects of this element are illustrated in the
`screenshot(s) below and/or in those provided in connection with other allegations
`herein.
`
`
`
`12
`COMPLAINT
`
`

`

`Case 3:21-cv-05155 Document 1 Filed 07/05/21 Page 13 of 14
`
`
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`
`
`
`
`
`
`32. Defendant’s actions complained of herein will continue unless
`
`Defendant is enjoined by this court.
`
`33. Defendant’s actions complained of herein are causing irreparable harm
`and monetary damage to Plaintiff and will continue to do so unless and until
`Defendant is enjoined and restrained by this Court.
`
`34. Plaintiff is in compliance with 35 U.S.C. § 287.
`PRAYER FOR RELIEF
`WHEREFORE, Plaintiff asks the Court to:
`
`(a) Enter judgment for Plaintiff on this Complaint on all causes of action
`
`asserted herein;
`
`(b) Enter an Order enjoining Defendant, its agents, officers, servants,
`employees, attorneys, and all persons in active concert or participation with Defendant
`who receive notice of the order from further infringement of United States Patent No.
`
`
`13
`COMPLAINT
`
`

`

`Case 3:21-cv-05155 Document 1 Filed 07/05/21 Page 14 of 14
`
`
`
`7,917,285 (or, in the alternative, awarding Plaintiff a running royalty from the time of
`judgment going forward);
`
`(c) Award Plaintiff damages resulting from Defendant’s infringement in
`accordance with 35 U.S.C. § 284;
`
`(d) Award Plaintiff pre-judgment and post-judgment interest and costs; and
`
`(e) Award Plaintiff such further relief to which the Court finds Plaintiff
`entitled under law or equity.
`
`Dated: July 5, 2021
`
`Respectfully submitted,
`
`/s/ Stephen M. Lobbin
`Attorney(s) for Plaintiff
`
`
`
`
`
`
`
`14
`COMPLAINT
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`
`
`
`
`