`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`
`
`
`
`
`Civil Action No. 1:16-cv-00830-RGA
`
`
`JURY TRIAL DEMANDED
`
`SIPCO, LLC, and IP CO., LLC (d/b/a
`INTUS IQ)
`
` Plaintiff,
`
` v.
`
`STREETLINE, INC.; KAPSCH
`TRAFFICCOM HOLDING CORP.; and
`KAPSCH TRAFFICCOM U.S. CORP.
`
` Defendants.
`
`SECOND AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`
`
`
`
`
`
`This is an action for patent infringement in which Plaintiffs SIPCO, LLC and IP CO.,
`
`LLC (“Plaintiffs”) complains against Defendants Streetline, Inc., Kapsch Trafficcom Holding
`
`Corp. and Kapsch Trafficcom U.S. Corp., all upon information and belief, as follows:
`
`PARTIES
`
`1.
`
`Plaintiff SIPCO, LLC (“SIPCO”) is a limited liability company organized and
`
`existing under the laws of the State of Georgia, having its principal office at 2600 Abbey Court,
`
`Alpharetta, Georgia, 30004.
`
`2.
`
`IP CO, LLC (d/b/a INTUS IQ) (“IP CO”) is a limited liability company organized
`
`and existing under the laws of the State of Georgia, having its principal office at 8215 Roswell
`
`Road, Building 900, Suite 950, Atlanta, Georgia 30350.
`
`3.
`
`Defendant Streetline Inc. is a corporation organized under the laws of Delaware,
`
`with its principal place of business located at 1200 Park Place, San Mateo, CA 94403
`
`
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`Case 1:16-cv-00830-RGA Document 25 Filed 06/30/17 Page 2 of 26 PageID #: 1410
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`(“Streetline”). Streetline may be served with process by serving its registered agent,
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`Incorporating Services, Ltd., 3600 S Dupont Highway, Dover, DE 19901.
`
`4.
`
`Defendant Kapsch Trafficcom Holding Corp. is a corporation organized under the
`
`laws of Delaware, with its principal place of business in McLean, Virginia, and may be served
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`with process by serving its registered agent, The Corporation Trust Company, Corporation Trust
`
`Center, 1209 Orange Street, Wilmington, DE 19801. Kapsch Trafficcom Holding Corp, is a
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`wholly-owned subsidiary of Kapsch TrafficCom B.V., of Amsterdam, Netherlands, which is a
`
`wholly-owned subsidiary of Kapsch TrafficCom AG, of Vienna, Austria, a publicly held
`
`corporation.
`
`5.
`
`On or about April 16, 2015, Kapsch Trafficcom Holding Corp. acquired a
`
`majority and controlling interest in Streetline, so that Streetline operates as a wholly-owned
`
`subsidiary of Kapsch Trafficcom Holding Corp.
`
`6.
`
`Defendant Kapsch Trafficcom U.S. Corp. is a corporation organized under the
`
`laws of Delaware, with its principal place of business located at 1200 Park Place, San Mateo, CA
`
`94403 (“Streetline”). Kapsch Trafficcom U.S. Corp. may be served with process by serving its
`
`registered agent, The Corporation Trust Company., Corporation Trust Center 1209 Orange
`
`Street, Wilmington, DE 19801.
`
`7.
`
`Kapsch Trafficcom Holding Corp.and Kapsch Trafficcom U.S. Corp. may
`
`hereafter be collectively referenced as “Kapsch Defendants.”
`
`JURISDICTION AND VENUE
`
`8.
`
`This action arises under the patent laws of the United States, Title 35 of the
`
`United States Code. Thus, this Court has subject matter jurisdiction pursuant to 28 U.S.C. §§
`
`Second Amended Complaint For Patent Infringement
`- 2 -
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`Case 1:16-cv-00830-RGA Document 25 Filed 06/30/17 Page 3 of 26 PageID #: 1411
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`1331 and 1338(a).
`
`9.
`
`This Court has personal jurisdiction over all Defendants by virtue of the
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`Defendants being corporations created and existing under the laws of the State of Delaware.
`
`10.
`
`Venue is proper in this Judicial District as to each Defendant under 28 U.S.C. §§
`
`1391(c) and 1400(b) by virtue of the Defendants being corporations created and existing under
`
`the laws of the State of Delaware.
`
`PLAINTIFFS
`
`11.
`
`SIPCO and IP CO are small research, development and technology companies
`
`based in Atlanta, Georgia. T. David Petite is a founding member of both companies.
`
`12.
`
`In the 1990’s, through his own individual research and development efforts, Mr.
`
`Petite invented a large number of wireless control and distribution technology applications. The
`
`inventions resulting from Mr. Petite’s efforts include, but are not limited to, various ways of
`
`moving data as economically and seamlessly as possible over both wired and wireless networks.
`
`13.
`
`Through the 1990’s and early 2000’s investors contributed tens of millions of
`
`dollars for technology development and implementation of networks. Clients included Georgia
`
`Power, Alabama Power, Newnan Utilities GA, Johnson Controls, Synovus Bank and Grand
`
`Court Lifestyles residential living facilities.
`
`14.
`
`After proving that the technology worked in the field, several companies
`
`competed to purchase an exclusive license to Mr. Petite’s technology for the market known as
`
`“smart grid.” Landis+Gyr (http://www.landisgyr.com/) (previously Siemens Metering) took an
`
`exclusive license to the smart grid technology in 2002 and in 2005 purchased rights to the
`
`technology for utility applications for $30,000,000. Mr. Petite’s technology has been deployed
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`Second Amended Complaint For Patent Infringement
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`Case 1:16-cv-00830-RGA Document 25 Filed 06/30/17 Page 4 of 26 PageID #: 1412
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`in millions of meters deployed across North America and throughout the world.
`
`15.
`
`SIPCO retained the rights to the mesh network patents, and for use of the
`
`technology outside of the utility space. It still maintains ownership of the software, firmware,
`
`hardware and patent portfolio that resulted from Mr. Petite’s research and development efforts,
`
`and SIPCO continues to develop and deploy wireless technology applications and wireless
`
`technology systems throughout the United States.
`
`16.
`
`SIPCO’s patent portfolios (of which the patents in suit are a part) include
`
`inventions that are widely recognized as pioneering in various fields of use. As a result, over 75
`
`corporations have taken licenses to them. Licensees include companies operating in the vertical
`
`markets of Industrial Controls, Smart Grid, Building Automation, Network Backhaul, Home
`
`Appliance, Home Automation and Entertainment, Sensor Monitoring, and Internet Service
`
`Provisioning. Licensed products include products using standard wireless mesh protocols such as
`
`WirelessHART, ZigBee, IEEE 802.15.4, Z-Wave, and as well as proprietary wireless protocols
`
`such as that marketed by Enocean.
`
`DEFENDANTS
`
`17.
`
`18.
`
`Streetline provides a parking management solution to governmental entities.
`
`The solution includes hardware such as gateways (or gateway servers), repeaters
`
`and parking sensors. Streetline’s parking sensors are sealed mechanical units mounted in or on a
`
`pavement surface which contain an array of sensing components and logic to manage the
`
`collection of data at the individual parking space regarding the presence of an automobile in a
`
`parking location, and have been provided as V2ISL-EPS – Imbedded Vehicle Sensor and V2ISL-
`
`SPS – Surface Mount Vehicle Sensor. Streetline repeater has been provided as V2ISL-RPP -
`
`Second Amended Complaint For Patent Infringement
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`Case 1:16-cv-00830-RGA Document 25 Filed 06/30/17 Page 5 of 26 PageID #: 1413
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`Sensor Repeater. The parking management hardware, including the above sensors, repeaters and
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`gateways are collectively referred to as “Streetline Equipment.”
`
`19.
`
`The Streetline Equipment integrates, and the term “Streetline Equipment”
`
`includes, “motes-on-a-chip” supplied by the Dust Networks group of Linear Technology
`
`Corporation, which “motes-on-a-chip” are fully compliant to the WirelessHART (IEC62591)
`
`and IEEE 802.15.4e wireless mesh networking standards to form fully redundant wireless self-
`
`forming, self-healing multi-hop mesh network of nodes or motes to monitor and to collect and
`
`relay data, and specifically meet the standards for IEEE Std 802.15.4-2006, Wireless Medium
`
`Access Control (MAC) and Physical Layer (PHY) Specifications for Low-Rate Wireless
`
`Personal Area Networks (LR-WPANs), and are represented by the ultralow power, LTC5800
`
`and/or LTP5903 System-on-Chip. The Dust Networks system is referred to as “Smartmesh.”
`
`SmartMesh allows Streetline to reliably transmit street-level data in real time to their web-based
`
`suite of parking management applications. The typical application utilizing the LTC5800 and/or
`
`LTP5903 system-on-a-chip, is generally shown below, and does represent the Streetline solution:
`
`
`
`
`
`20.
`
`The Streetline solution also includes several application programs and interfaces,
`
`Second Amended Complaint For Patent Infringement
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`Case 1:16-cv-00830-RGA Document 25 Filed 06/30/17 Page 6 of 26 PageID #: 1414
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`which include Parker (which guides drivers to available parking spaces), ParkerMap (a free
`
`service for city merchants that enables them to provide real-time parking information to their
`
`patrons, and which can be embedded on a merchant’s website and automatically updates with the
`
`latest parking information to ease shoppers’ planning process), ParkEdge (a self-publishing tool
`
`that enables public and private off-street parking to publish their parking garage and lot
`
`locations, space inventory, rates, hours, and availability in real-time), Enforcement (a mobile
`
`application that enables the City and its enforcement team to improve Streetline’s compliance
`
`and achieve optimal turnover), ParkSight Analytics™ (a Software-as-a-Service (SaaS) which
`
`provides parking data that can be accessed 24/7 with a secure login credential via the web)
`
`and/or ParkingData (which provides access to data for parking locations and availability through
`
`two complementary APIs) (collectively, “Streetline Programs”).
`
`21.
`
`The overall Streetline solution is hereafter referred to as “Smart Parking,” and it is
`
`depicted as the following image provided by Streetline:
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`Second Amended Complaint For Patent Infringement
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`Case 1:16-cv-00830-RGA Document 25 Filed 06/30/17 Page 7 of 26 PageID #: 1415
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`
`
`
`
`22.
`
`Defendants Kapsch Trafficcom Holding Corp.; and Kapsch Trafficcom U.S.
`
`Corp. have jointly marketed, and induced third-parties to acquire and use, the Streetline Smart
`
`Parking solution in this country. An example of the marketing is reflected in on Kapsch website
`
`at:
`
`https://www.kapsch.net/us/ktc/Portfolio/Intelligent-Mobility-Solutions/Smart-Urban-
`Mobility/Smart-Parking
`
`23.
`
`The Kapsch website shows:
`
`Second Amended Complaint For Patent Infringement
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`Case 1:16-cv-00830-RGA Document 25 Filed 06/30/17 Page 8 of 26 PageID #: 1416
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`
`
`
`
`24.
`
`The Kapsch website specifically states that “Our offerings include …
`
` Analysis: Comprehensive solutions for real-time analysis of parking situations within
`defined areas.
` Fee collection: Automated solutions for collecting parking fees based upon different
`criteria, such as time of day or authorization levels (e.g. for handicapped drivers).
` Navigation to nearest parking space: Our applications guide road users directly to the
`nearest available parking space.
` Parking space management: With our solutions, we can collect real-time parking
`situation data and make this information available in online applications, from digital
`displays to websites and apps.
` Sensors: Our sensors not only detect open parking spaces, they can also measure noise
`levels or road temperature and make this data available for intelligent traffic
`management.
`
`Second Amended Complaint For Patent Infringement
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`Case 1:16-cv-00830-RGA Document 25 Filed 06/30/17 Page 9 of 26 PageID #: 1417
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`These are all descriptions of the Streetline Smart Parking systems.
`
`25.
`
`The above webpage indicates that the copyright holder as of 2009 had been
`
`“Copyright Kapsch TrafficCom U.S. Corp.” The “Terms and Conditions” identify “Kapsch
`
`TrafficCom” as the owner of the website.
`
`26.
`
`The filing of the original Complaint constituted notice in accordance with 35
`
`U.S.C. § 287 with respect to all the Patents asserted in this case. Despite such notice, the
`
`Defendants continue to import into, market, offer for sale and/or sell in the United States the
`
`Streetline Equipment and Streetline Programs (“Streetline System”), and have induced and are
`
`inducing persons to use the Streetline Equipment and Streetline Programs, and to practice the
`
`methods of the Streetline Equipment and Streetline Programs.
`
`COUNT I
`INFRINGEMENT OF U.S. PATENT NO. 8,908,842
`
`27.
`
`Plaintiffs hereby restates and re-alleges the allegations set forth in the preceding
`
`paragraphs 1-26 and incorporates them by reference.
`
`28.
`
`Plaintiff SIPCO is the owner by assignment of United States Patent No. 8,908,842
`
`entitled “Multi-Functional General Purpose Transceivers and Devices.” (“the ‘842 Patent”). The
`
`‘842 Patent was duly and legally issued on December 9, 2014. A true and correct copy of the
`
`‘842 Patent is attached as Exhibit 1.
`
`29.
`
`Defendant Streetline has directly infringed and continues to infringe at least claim
`
`16 of the Patent (literally and/or under the doctrine of equivalents) by making, having had made,
`
`using, offering for sale and selling, or offering for use and using, a wireless network system
`
`comprising the Streetline Equipment in combination with one or more of the Streetline
`
`Programs.
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`Second Amended Complaint For Patent Infringement
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`Case 1:16-cv-00830-RGA Document 25 Filed 06/30/17 Page 10 of 26 PageID #: 1418
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`30.
`
`The correspondence between the limitations of claim 16 and the Streetline
`
`Equipment are shown in the claim chart attached hereto as Exhibit 11, which is being
`
`contemporaneously filed under seal. The chart is incorporated by reference as if fully set forth
`
`herein, and each limitation is a sub-paragraph hereof.
`
`31.
`
`The Kapsch Defendants have directly infringed at least claim 16 of the Patent by
`
`either offering to sell and selling the Streetline system cited above in reference to infringement
`
`by Defendant Streetline, or at least infringed by inducing the direct infringement of the Patent by
`
`intentionally inducing persons to use the patented inventions as reflected in Paragraphs 22-25,
`
`supra. The Kapsch Defendants are thus liable for indirect infringement pursuant to 35 U.S.C. §
`
`271(b).
`
`32.
`
`Defendants’ acts of infringement have caused and continue to cause damage to
`
`Plaintiffs. Plaintiffs are entitled to recover from Defendants the damages sustained by Plaintiffs
`
`as a result of Defendants’ wrongful acts.
`
`COUNT II
`INFRINGEMENT OF U.S. PATENT NO. 8,625,496
`
`33.
`
`Plaintiffs hereby restates and re-alleges the allegations set forth in the preceding
`
`paragraphs 1-26 and incorporates them by reference.
`
`34.
`
`Plaintiff IP CO is the owner by assignment of United States Patent No. 8,625,496
`
`entitled “Wireless Network System and Method for Providing Same.” (“the ‘496 Patent”). The
`
`‘496 Patent was duly and legally issued on January 7, 2014. A true and correct copy of the ‘496
`
`Patent is attached as Exhibit 2.
`
`35.
`
`Defendant Streetline has directly infringed and continues to infringe at least claim
`
`27 of the Patent (literally and/or under the doctrine of equivalents) by making, having had made,
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`Second Amended Complaint For Patent Infringement
`- 10 -
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`Case 1:16-cv-00830-RGA Document 25 Filed 06/30/17 Page 11 of 26 PageID #: 1419
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`using, offering for sale and selling, or offering for use and using, a wireless network system
`
`comprising the Streetline Equipment.
`
`36.
`
`The correspondence between the limitations of claim 27 and the Streetline
`
`Equipment are shown in the claim chart attached hereto as Exhibit 12, which is being
`
`contemporaneously filed under seal. The chart is incorporated by reference as if fully set forth
`
`herein, and each limitation is a sub-paragraph hereof.
`
`37.
`
`Defendant Streetline has directly infringed and continue to infringe at least claim
`
`11 of the Patent (literally and/or under the doctrine of equivalents) by practicing the method of
`
`providing wireless network communication through the implementation and use of Streetline
`
`Equipment.
`
`38.
`
`The correspondence between the limitations of claim 11 and the accused
`
`Streetline method are shown in the claim chart attached hereto as Exhibit 12.
`
`39.
`
`Defendant Streetline has infringed and continues to infringe at least claim 11 of
`
`the Patent (literally and/or under the doctrine of equivalents) by intentionally inducing persons to
`
`practice the patented methods of claim 11 through the implementation and use of Streetline
`
`Equipment in combination with one or more of the Streetline Programs. Defendant Streetline is
`
`thus liable for indirect infringement pursuant to 35 U.S.C. § 271(b).
`
`40.
`
`The Kapsch Defendants have directly infringed the at least claim 27 of Patent by
`
`either offering to sell and selling the Streetline system cited above in reference to infringement
`
`by Defendant Streetline, by inducing the direct infringement of the Patent by intentionally
`
`inducing persons to use the patented system, as reflected in Paragraphs 22-25, supra. The
`
`Kapsch Defendants are thus liable for indirect infringement pursuant to 35 U.S.C. § 271(b).
`
`Second Amended Complaint For Patent Infringement
`- 11 -
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`Case 1:16-cv-00830-RGA Document 25 Filed 06/30/17 Page 12 of 26 PageID #: 1420
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`41.
`
`The Kapsch Defendants have infringed at least claim 11 of the Patent at least by
`
`intentionally inducing persons to practice the patented methods of claim 11, as reflected in
`
`Paragraphs 22-25, supra. The Kapsch Defendants are thus liable for indirect infringement
`
`pursuant to 35 U.S.C. § 271(b).
`
`42.
`
`Defendants’ acts of infringement have caused and continue to cause damage to
`
`Plaintiffs. Plaintiffs are entitled to recover from Defendants the damages sustained by Plaintiffs
`
`as a result of Defendants’ wrongful acts.
`
`COUNT III
`INFRINGEMENT OF U.S. PATENT NO. 8,233,471
`
`43.
`
`Plaintiffs hereby restates and re-alleges the allegations set forth in the preceding
`
`paragraphs 1-26 and incorporates them by reference.
`
`44.
`
`Plaintiff IP CO is the owner by assignment of United States Patent No. 8,233,471
`
`entitled “Wireless Network System and Method for Providing Same.” (“the ‘471 Patent”). The
`
`‘471 Patent was duly and legally issued on July 31, 2012. A true and correct copy of the ‘471
`
`Patent is attached as Exhibit 3.
`
`45.
`
`Defendant Streetline has directly infringed and continue to infringe at least claims
`
`2 and 17 of the Patent (literally and/or under the doctrine of equivalents) by making, having had
`
`made, using, offering for sale and selling, or offering for use and using, the Streetline Equipment.
`
`46.
`
`The correspondence between the limitations of claims 2 and 17 and the Streetline
`
`Equipment are shown in the claim chart attached hereto as Exhibit 13, which is being
`
`contemporaneously filed under seal. The chart is incorporated by reference as if fully set forth
`
`herein, and each limitation is a sub-paragraph hereof.
`
`47.
`
`The Kapsch Defendants have directly infringed at least claims 2 and 17 of the
`
`Second Amended Complaint For Patent Infringement
`- 12 -
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`Case 1:16-cv-00830-RGA Document 25 Filed 06/30/17 Page 13 of 26 PageID #: 1421
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`Patent by either offering to sell and selling the Streetline system cited above in reference to
`
`infringement by Defendant Streetline, or at least by inducing the direct infringement of the
`
`Patent by intentionally inducing persons to use the patented inventions as reflected in Paragraphs
`
`22-25, supra. The Kapsch Defendants are thus liable for indirect infringement pursuant to 35
`
`U.S.C. § 271(b).
`
`48.
`
`Defendants’ acts of infringement have caused and continue to cause damage to
`
`Plaintiffs. Plaintiffs are entitled to recover from Defendants the damages sustained by Plaintiffs
`
`as a result of Defendants’ wrongful acts.
`
`COUNT IV
`INFRINGEMENT OF U.S. PATENT NO. 8,223,010
`
`49.
`
`Plaintiffs hereby restates and re-alleges the allegations set forth in the preceding
`
`paragraphs 1-26 and incorporates them by reference.
`
`50.
`
`Plaintiff SIPCO is the owner by assignment of United States Patent No. 8,223,010
`
`entitled “Systems And Methods For Monitoring Vehicle Parking” (“the ‘010 Patent”). The ‘010
`
`Patent was duly and legally issued on July 17, 2012. A true and correct copy of the ‘010 Patent
`
`is attached as Exhibit 4.
`
`51.
`
`Defendant Streetline has directly infringed and continues to infringe at least claim
`
`8 of the Patent (literally and/or under the doctrine of equivalents) by making, having had made,
`
`using, offering for sale and selling, or offering for use and using, a wireless network system
`
`comprising the Streetline Equipment in combination with one or more of the Streetline
`
`Programs.
`
`52.
`
`The correspondence between the limitations of claim 8 and the Accused
`
`Instrumentality are shown in the claim chart attached hereto as Exhibit 14, which is being
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`Second Amended Complaint For Patent Infringement
`- 13 -
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`Case 1:16-cv-00830-RGA Document 25 Filed 06/30/17 Page 14 of 26 PageID #: 1422
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`contemporaneously filed under seal. The chart is incorporated by reference as if fully set forth
`
`herein, and each limitation is a sub-paragraph hereof.
`
`53.
`
`The Kapsch Defendants have directly infringed at least claim 1 of the Patent by
`
`either offering to sell and selling the Streetline system cited above in reference to infringement
`
`by Defendant Streetline, or at least by inducing the direct infringement of the Patent by
`
`intentionally inducing persons to use the patented inventions, as reflected in Paragraphs 22-25,
`
`supra. Defendants are thus liable for indirect infringement pursuant to 35 U.S.C. § 271(b).
`
`54.
`
`Defendants’ acts of infringement have caused and continue to cause damage to
`
`Plaintiffs. Plaintiffs are entitled to recover from Defendants the damages sustained by Plaintiffs
`
`as a result of Defendants’ wrongful acts.
`
`COUNT V
`INFRINGEMENT OF U.S. PATENT NO. 7,697,492
`
`55.
`
`Plaintiffs hereby restates and re-alleges the allegations set forth in the preceding
`
`paragraphs 1-26 and incorporates them by reference.
`
`56.
`
`Plaintiff SIPCO is the owner by assignment of United States Patent No. 7,697,492
`
`entitled “Systems And Methods For Monitoring And Controlling Remote Devices” (“the ‘492
`
`Patent”). The ‘492 Patent was duly and legally issued on April 13, 2010. A true and correct
`
`copy of the ‘492 Patent is attached as Exhibit 5.
`
`57.
`
`Defendant Streetline has directly infringed and continues to infringe at least claim
`
`8, 10 and 13 of the Patent (literally and/or under the doctrine of equivalents) by practicing the
`
`method of communicating command and sensed data between remote wireless devices through
`
`the implementation and use of the Streetline Equipment.
`
`58.
`
`The correspondence between the limitations of claims 8, 10 and 13 and the
`
`Second Amended Complaint For Patent Infringement
`- 14 -
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`Case 1:16-cv-00830-RGA Document 25 Filed 06/30/17 Page 15 of 26 PageID #: 1423
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`Accused Instrumentality are shown in the claim chart attached hereto as Exhibit 15, which is
`
`being contemporaneously filed under seal. The chart is incorporated by reference as if fully set
`
`forth herein, and each limitation is a sub-paragraph hereof.
`
`59.
`
`The Kapsch Defendants have directly infringed at least claims 8, 10 and 13 of the
`
`Patent at least by inducing the direct infringement by intentionally inducing persons to practice
`
`the patented methods, as reflected in Paragraphs 22-25, supra. The Kapsch Defendants are thus
`
`liable for indirect infringement pursuant to 35 U.S.C. § 271(b).
`
`60.
`
`Defendants’ acts of infringement have caused and continue to cause damage to
`
`Plaintiffs. Plaintiffs are entitled to recover from Defendants the damages sustained by Plaintiffs
`
`as a result of Defendants’ wrongful acts.
`
`COUNT VI
`INFRINGEMENT OF U.S. PATENT NO. 7,468,661
`
`61.
`
`Plaintiffs hereby restates and re-alleges the allegations set forth in the preceding
`
`paragraphs 1-26 and incorporates them by reference.
`
`62.
`
`Plaintiff SIPCO is the owner by assignment of United States Patent No. 7,468,661
`
`entitled “Systems And Methods For Monitoring And Controlling Remote Devices” (“the ‘661
`
`Patent”). The ‘661 Patent was duly and legally issued on December 23, 2008. A true and
`
`correct copy of the ‘661 Patent is attached as Exhibit 6.
`
`63.
`
`Defendant Streetline has directly infringed and continues to infringe at least claim
`
`1 of the Patent (literally and/or under the doctrine of equivalents) by making, having had made,
`
`using, offering for sale and selling, or offering for use and using, a wireless network system
`
`comprising the Streetline Equipment in combination with one or more of the Streetline
`
`Programs.
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`Second Amended Complaint For Patent Infringement
`- 15 -
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`Case 1:16-cv-00830-RGA Document 25 Filed 06/30/17 Page 16 of 26 PageID #: 1424
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`64.
`
`The correspondence between the limitations of claim 1 and the Accused
`
`Instrumentality are shown in the claim chart attached hereto as Exhibit 16, which is being
`
`contemporaneously filed under seal. The chart is incorporated by reference as if fully set forth
`
`herein, and each limitation is a sub-paragraph hereof.
`
`65.
`
`The Kapsch Defendants have directly infringed at least claim 1 of the Patent by
`
`either offering to sell and selling the Streetline system cited above in reference to infringement
`
`by Defendant Streetline, or at least by inducing the direct infringement of the Patent by
`
`intentionally inducing persons to use the patented inventions, as reflected in Paragraphs 22-25,
`
`supra. The Kapsch Defendants are thus liable for indirect infringement pursuant to 35 U.S.C. §
`
`271(b).
`
`66.
`
`Defendants’ acts of infringement have caused and continue to cause damage to
`
`Plaintiffs. Plaintiffs are entitled to recover from Defendants the damages sustained by Plaintiffs
`
`as a result of Defendants’ wrongful acts.
`
`COUNT VII
`DINFRINGEMENT OF U.S. PATENT NO. 7,103,511
`
`67.
`
`Plaintiffs hereby restates and re-alleges the allegations set forth in the preceding
`
`paragraphs 1-26 and incorporates them by reference.
`
`68.
`
`Plaintiff SIPCO is the owner by assignment of United States Patent No. 7,103,511
`
`entitled “Wireless Communication Networks For Providing Remote Monitoring Of Devices”
`
`(“the ‘511 Patent”). The ‘511 Patent was duly and legally issued on September 5, 2006, and the
`
`Patent was reexamined and a Reexamination Certificate was issued on October 25, 2011. A true
`
`and correct copy of the ‘511 Patent, together with its certificate of reexamination is attached as
`
`Exhibit 7.
`
`Second Amended Complaint For Patent Infringement
`- 16 -
`
`
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`Case 1:16-cv-00830-RGA Document 25 Filed 06/30/17 Page 17 of 26 PageID #: 1425
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`69.
`
`Defendant Streetline has directly infringed and continues to infringe at least claim
`
`1 of the Patent (literally and/or under the doctrine of equivalents) by making, having had made,
`
`using, offering for sale and selling, or offering for use and using, a wireless network system
`
`comprising the Streetline Equipment in combination with one or more of the Streetline
`
`Programs.
`
`70.
`
`The correspondence between the limitations of claim 1 and the Accused
`
`Instrumentality are shown in the claim chart attached hereto as Exhibit 17, which is being
`
`contemporaneously filed under seal. The chart is incorporated by reference as if fully set forth
`
`herein, and each limitation is a sub-paragraph hereof.
`
`71.
`
`The Kapsch Defendants have directly infringed at least claim 1 of the Patent by
`
`either offering to sell and selling the Streetline system cited above in reference to infringement
`
`by Defendant Streetline, or at least infringed by inducing the direct infringement of the Patent by
`
`intentionally inducing persons to use the patented inventions, as reflected in Paragraphs 22-25,
`
`supra. The Kapsch Defendants are thus liable for indirect infringement pursuant to 35 U.S.C. §
`
`271(b).
`
`72.
`
`Defendants’ acts of infringement have caused and continue to cause damage to
`
`Plaintiffs. Plaintiffs are entitled to recover from Defendants the damages sustained by Plaintiffs
`
`as a result of Defendants’ wrongful acts.
`
`COUNT VIII
`INFRINGEMENT OF U.S. PATENT NO. 6,914,893
`
`73.
`
`Plaintiffs hereby restates and re-alleges the allegations set forth in the preceding
`
`paragraphs 1-26 and incorporates them by reference.
`
`74.
`
`Plaintiff SIPCO is the owner by assignment of United States Patent No. 6,914,893
`
`Second Amended Complaint For Patent Infringement
`- 17 -
`
`
`
`Case 1:16-cv-00830-RGA Document 25 Filed 06/30/17 Page 18 of 26 PageID #: 1426
`
`entitled “System and Method for Monitoring and Controlling Remote Devices” (“the ‘893
`
`Patent”). The ‘893 Patent was duly and legally issued on July 5, 2005. A true and correct copy
`
`of the ‘893 Patent, together with its certificate of reexamination is attached as Exhibit 8.
`
`75.
`
`Defendant Streetline has directly infringed and continues to infringe at least claim
`
`1 of the Patent (literally and/or under the doctrine of equivalents) by making, having had made,
`
`using, offering for sale and selling, or offering for use and using, a wireless network system
`
`comprising the Streetline Equipment in combination with one or more of the Streetline
`
`Programs.
`
`76.
`
`The correspondence between the limitations of claim 1 and the Accused
`
`Instrumentality are shown in the claim chart attached hereto as Exhibit 18, which is being
`
`contemporaneously filed under seal. The chart is incorporated by reference as if fully set forth
`
`herein, and each limitation is a sub-paragraph hereof.
`
`77.
`
`The Kapsch Defendants have directly infringed at least claim 1 of the Patent by
`
`either offering to sell and selling the Streetline system cited above in reference to infringement
`
`by Defendant Streetline, or at least infringed by inducing the direct infringement of the Patent by
`
`intentionally inducing persons to use the patented inventions as reflected in Paragraphs 22-25,
`
`supra. The Kapsch Defendants are thus liable for indirect infringement pursuant to 35 U.S.C. §
`
`271(b).
`
`78.
`
`Defendants’ acts of infringement have caused and continue to cause damage to
`
`Plaintiffs. Plaintiffs are entitled to recover from Defendants the damages sustained by Plaintiffs
`
`as a result of Defendants’ wrongful acts.
`
`Second Amended Complaint For Patent Infringement
`- 18 -
`
`
`
`Case 1:16-cv-00830-RGA Document 25 Filed 06/30/17 Page 19 of 26 PageID #: 1427
`
`COUNT IX
`INFRINGEMENT OF U.S. PATENT NO. 6,437,692
`
`79.
`
`Plaintiffs hereby restates and re-alleges the allegations set forth in the preceding
`
`paragraphs 1-26 and incorporates them by reference.
`
`80.
`
`Plaintiff SIPCO is the owner by assignment of United States Patent No. 6,437,692
`
`entitled “System And Method For Monitoring And Controlling Remote Devices” (“the ‘692
`
`Patent”). The ‘692 Patent was duly and legally issued on August 20, 2002. A true and correct
`
`copy of the ‘692 Patent is attached as Exhibit 9.
`
`81.
`
`Defendant Streetline has directly infringed and continues to infringe at least
`
`claims 1, 3 and 4 of the Patent (literally and/or under the doctrine of equivalents) by making,
`
`having had made, using, offering for sale and selling, or offering for use and using, a wireless
`
`network system comprising the Streetline Equipment in combination with one or more of the
`
`Streetline Programs.
`
`82.
`
`The correspondence between the limitations of claims 1, 3 and 4, and the Accused
`
`Instrumentality are shown in the claim chart attached hereto as Exhibit 19, which is being
`
`contemporaneously filed under seal. The chart is incorporated by reference as if fully set forth
`
`herein, and each limitation is a sub-paragraph hereof.
`
`83.
`
`The Kapsch Defendants have directly infringed at least claims 1, 3 and 4 of the
`
`Patent by either offering to sell and selling the Streetline system cited above in reference to
`
`infringement by Defendant Streetline, or at least infringed by inducing the direct infringement of
`
`the Patent by intentionally inducing persons to use the patented inventions as reflected in
`
`Paragraphs 22-25, supra. The Kapsch Defendants are thus liable for indirect infringement
`
`pursuant to 35 U.S.C. § 271(b).
`
`Second Amended Complaint For Patent Infringement
`- 19 -
`
`
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`Case 1:16-cv-00830-RGA Document 25 Filed 06/30/17 Page 20 of 26 PageID #: 1428
`
`84.
`
`Defendants’ ac