Case 1:19-cv-02013-UNA Document 1 Filed 10/23/19 Page 1 of 12 PageID #: 1
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`Case No:
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`PATENT CASE
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`§
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`GEOGRAPHIC LOCATION
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`INNOVATIONS LLC,
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`Plaintiff,
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`vs.
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`VIA TRANSPORTATION, INC.,
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`Defendant.
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`_____________________________________ §
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`
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`COMPLAINT
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`Plaintiff Geographic Location Innovations LLC (“Plaintiff” or “GLI”) files this
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`Complaint against Via Transportation, Inc. (“Defendant” or “Via”) for infringement of United
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`States Patent No. 7,917,285 (hereinafter “the ‘285 Patent”).
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`PARTIES AND JURISDICTION
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`1.
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`This is an action for patent infringement under Title 35 of the United States
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`Code. Plaintiff is seeking injunctive relief as well as damages.
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`2.
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`Jurisdiction is proper in this Court pursuant to 28 U.S.C. §§ 1331 (Federal
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`Question) and 1338(a) (Patents) because this is a civil action for patent infringement arising
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`under the United States patent statutes.
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`3.
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`Plaintiff is a Texas limited liability company with a virtual office located at
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`1400 Preston Rd, Suite 400, Plano, TX 75093.
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`4.
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`On information and belief, Defendant is a Delaware corporation with its
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`principal office located at 160 Varick Street, 4th Floor, New York, New York 10013. On
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`information and belief, Defendant may be served with process through its registered agent,
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`PLAINTIFF’S COMPLAINT AGAINST DEFENDANT VIA TRANSPORTATION, INC.
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`
`
`
`
`
`Case No:
`
`PATENT CASE
`
`
`
`
`
`
`
`§
`
`GEOGRAPHIC LOCATION
`§
`
`INNOVATIONS LLC,
`
`§
`
`
`
`
`
`
`§
`
`Plaintiff,
`
`
`§
`
`
`
`
`
`
`§
`
`
`
`
`
`vs.
`§
`
`
`
`
`
`
`§
`
`VIA TRANSPORTATION, INC.,
`§
`
`
`
`
`
`
`§
`
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`Defendant.
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`
`_____________________________________ §
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`
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`COMPLAINT
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`Plaintiff Geographic Location Innovations LLC (“Plaintiff” or “GLI”) files this
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`Complaint against Via Transportation, Inc. (“Defendant” or “Via”) for infringement of United
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`States Patent No. 7,917,285 (hereinafter “the ‘285 Patent”).
`
`PARTIES AND JURISDICTION
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`
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`1.
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`This is an action for patent infringement under Title 35 of the United States
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`Code. Plaintiff is seeking injunctive relief as well as damages.
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`
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`2.
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`Jurisdiction is proper in this Court pursuant to 28 U.S.C. §§ 1331 (Federal
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`Question) and 1338(a) (Patents) because this is a civil action for patent infringement arising
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`under the United States patent statutes.
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`
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`3.
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`Plaintiff is a Texas limited liability company with a virtual office located at
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`1400 Preston Rd, Suite 400, Plano, TX 75093.
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`4.
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`On information and belief, Defendant is a Delaware corporation with its
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`principal office located at 160 Varick Street, 4th Floor, New York, New York 10013. On
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`information and belief, Defendant may be served with process through its registered agent,
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`PLAINTIFF’S COMPLAINT AGAINST DEFENDANT VIA TRANSPORTATION, INC.
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`Case 1:19-cv-02013-UNA Document 1 Filed 10/23/19 Page 2 of 12 PageID #: 2
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`Corporation Service Company, 251 Little Falls Dr., Wilmington, DE 19808.
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`5.
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`On information and belief, this Court has personal jurisdiction over Defendant
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`because Defendant has committed, and continues to commit, acts of infringement in this
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`District, has conducted business in this District, and/or has engaged in continuous and
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`systematic activities in this District.
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`6.
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`On information and belief, Defendant’s instrumentalities that are alleged herein
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`to infringe were and continue to be used, imported, offered for sale, and/or sold in this District.
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`VENUE
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`7.
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`On information and belief, venue is proper in this District under 28 U.S.C. §
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`1400(b) because Defendant is deemed to be a resident of this District.
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`COUNT I
`(INFRINGEMENT OF UNITED STATES PATENT NO. 7,917,285)
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`Plaintiff incorporates paragraphs 1 through 7 herein by reference.
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`This cause of action arises under the patent laws of the United States and, in
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`8.
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`9.
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`particular, under 35 U.S.C. §§ 271, et seq.
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`10.
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`Plaintiff is the owner by assignment of the ‘285 Patent with sole rights to
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`enforce the ‘044 Patent and sue infringers.
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`11.
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`A copy of the ‘285 Patent, titled “Device, System and Method for Remotely
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`Entering, Storing and Sharing Addresses for a Positional Information Device,” is attached
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`hereto as Exhibit A.
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`12.
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`The ‘285 Patent is valid, enforceable, and was duly issued in full compliance
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`with Title 35 of the United States Code.
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`13.
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`Upon information and belief, Defendant has infringed and continues to infringe
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`one or more claims, including at least Claim 13, of the ‘285 Patent by making, using (at least
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`PLAINTIFF’S COMPLAINT AGAINST DEFENDANT VIA TRANSPORTATION, INC.
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`Case 1:19-cv-02013-UNA Document 1 Filed 10/23/19 Page 3 of 12 PageID #: 3
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`by having its employees, or someone under Defendant's control, test the System), importing,
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`selling, and/or offering for sale a mobile website with associated hardware and software
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`embodied, for example, in its ride-sharing service Via (the “System”) covered by at least Claim
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`13 of the ‘285 Patent. The System is used, for example, in connection with Defendant’s
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`website and its mobile app. Defendant has infringed and continues to infringe the ‘285 patent
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`either directly or through acts of contributory infringement or inducement in violation of 35
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`U.S.C. § 271.
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`14.
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`The System includes the mobile website and associated hardware. These tools
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`provide for remote entry of location information, such as driver, passenger and destination
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`locations into a positional information device such as, for example, a table or smart phone.
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`The website automatically loads locations onto the positional information device based on the
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`user’s location. The System is a ride booking application in which user can book rides by
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`entering their pickup and destination location (i.e. positional information) installed on a
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`smartphone (i.e. a positional information device). Certain aspects of this element are
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`illustrated in the screenshot(s) below and/or in those provided in connection with other
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`allegations herein.
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`Case 1:19-cv-02013-UNA Document 1 Filed 10/23/19 Page 4 of 12 PageID #: 4
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`15.
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`The System includes one or more servers that receive a request for an address of
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`at least one location such as, for example, the pickup location for a user, which is not already
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`stored in the positional information device. The user can book a ride by sending a request to a
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`server (Via’s server) using the smartphone (positional information device). The server may
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`then, based on the user’s request, share the address of the location (where nearby pickup is)
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`that is not stored in the smartphone (i.e. positional information device) with the user. Certain
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`aspects of this element are illustrated in the screenshot(s) below and/or in those provided in
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`connection with other allegations herein.
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`Case 1:19-cv-02013-UNA Document 1 Filed 10/23/19 Page 5 of 12 PageID #: 5
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`16.
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`The server(s) determine the address(es) of the pickup location and transmits the
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`determined address to the positional information device (e.g., tablet or smartphone). For
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`example, the server(s) transmits to the positional information device a visual indication of the
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`location on a map.
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`17.
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`(Via) installed on the smartphone (i.e. positional information device) is able to
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`utilize the GPS location (i.e. location information module) of the smartphone (i.e., positional
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`information device). Certain aspects of this element are illustrated in the screenshot(s) below
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`and/or in those provided in connection with other allegations herein.
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`Case 1:19-cv-02013-UNA Document 1 Filed 10/23/19 Page 6 of 12 PageID #: 6
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`18.
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`The user’s device (i.e. position information device) on which the application is
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`installed, uses the cellular network communication transceiver (i.e., communication module)
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`through which the smartphone (i.e., the positional information device) receives the address of
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`pickup or destination (i.e., location address). Certain aspects of this element are illustrated in
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`the screenshot(s) below and/or in those provided in connection with other allegations herein.
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`Case 1:19-cv-02013-UNA Document 1 Filed 10/23/19 Page 7 of 12 PageID #: 7
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`19.
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`The System includes a processing module (e.g., mapping software and the
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`mobile website), which Defendant uses, and which receives the determined address(es) from
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`the communication module. The processing module determines route guidance based on the
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`location of the positional information device and the determined address(es). The application is
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`installed on the smartphone, implicating usage of the smartphone processor to receive the
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`user’s pickup and destination location (i.e., determined address) and determines a travel route
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`to the pickup location (i.e., determined address), based on the location of the user’s
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`PLAINTIFF’S COMPLAINT AGAINST DEFENDANT VIA TRANSPORTATION, INC.
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`Case 1:19-cv-02013-UNA Document 1 Filed 10/23/19 Page 8 of 12 PageID #: 8
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`smartphone. Certain aspects of this element are illustrated in the screenshot(s) below and/or in
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`those provided in connection with other allegations herein.
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`The System includes a display module (e.g., screen on the positional
`20.
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`information device) for displaying the route guidance. Certain aspects of this element are
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`illustrated in the screenshot(s) provided in connection with other allegations herein.
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`The System includes a communications network (e.g., cellular network) for
`21.
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`coupling the positional information device to the server(s). Certain aspects of this element are
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`illustrated in the screenshot(s) below and/or in those provided in connection with other
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`allegations herein.
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`Case 1:19-cv-02013-UNA Document 1 Filed 10/23/19 Page 9 of 12 PageID #: 9
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`22.
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`The server(s) receives a time and date (e.g., the time and date of the request for
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`a location) associated with the requested location(s) and transmits the associated time and date
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`with the determined address(es) to the positional information device and the positional
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`information device displays the determined address at the associated time and date. The
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`application receives a time and date (e.g., the time and date of the request for a location to find
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`a vehicle) associated with the requested location(s) and transmits the associated time and date
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`with the determined address(es) to the positional information device and the positional
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`information device displays the determined address at the associated time and date. Certain
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`aspects of this element are illustrated in the screenshot(s) below and/or in those provided in
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`connection with other allegations herein.
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`Case 1:19-cv-02013-UNA Document 1 Filed 10/23/19 Page 10 of 12 PageID #: 10
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`23.
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`Defendant’s actions complained of herein will continue unless Defendant is
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`enjoined by this court.
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`24.
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`Defendant’s actions complained of herein are causing irreparable harm and
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`monetary damage to Plaintiff and will continue to do so unless and until Defendant is enjoined
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`and restrained by this Court.
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`25.
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`Plaintiff is in compliance with 35 U.S.C. § 287.
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`PRAYER FOR RELIEF
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`WHEREFORE, Plaintiff asks the Court to:
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`(a)
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`Enter judgment for Plaintiff on this Complaint on all causes of action asserted
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`herein;
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`(b)
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`Enter an Order enjoining Defendant, its agents, officers, servants, employees,
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`attorneys, and all persons in active concert or participation with Defendant who receive notice
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`Case 1:19-cv-02013-UNA Document 1 Filed 10/23/19 Page 11 of 12 PageID #: 11
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`of the order from further infringement of United States Patent No. 7,917,285 (or, in the
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`alternative, awarding Plaintiff a running royalty from the time of judgment going forward);
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`(c)
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`Award Plaintiff damages
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`resulting
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`from Defendant’s
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`infringement
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`in
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`accordance with 35 U.S.C. § 284;
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`(d)
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`(e)
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`Award Plaintiff pre-judgment and post-judgment interest and costs; and
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`Award Plaintiff such further relief to which the Court finds Plaintiff entitled
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`under law or equity.
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`Case 1:19-cv-02013-UNA Document 1 Filed 10/23/19 Page 12 of 12 PageID #: 12
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`Dated: October 23, 2019
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`Respectfully submitted,
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`/s/Stamatios Stamoulis
`STAMATIOS STAMOULIS (#4606)
`STAMOULIS & WEINBLATT LLC
`Stamoulis & Weinblatt LLC
`800 N. West Street, Third Floor
`Wilmington, DE 19801
`(302) 999-1540
`stamoulis@swdelaw.com
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`ATTORNEYS FOR PLAINTIFF
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`PLAINTIFF’S COMPLAINT AGAINST DEFENDANT VIA TRANSPORTATION, INC.
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