Case 1:21-cv-02448 Document 1 Filed 03/19/21 Page 1 of 14
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE SOUTHERN DISTRICT OF NEW YORK
`
`
`
`
`
`
`Case No: 1:21-cv-2448
`
`PATENT CASE
`
`COMPLAINT
`
`
`§
`
`GEOGRAPHIC LOCATION
`§
`
`INNOVATIONS LLC,
`
`§
`
`
`
`
`
`
`§
`
`Plaintiff,
`
`
`§
`
`
`
`
`
`
`§
`
`
`
`
`
`vs.
`§
`
`
`
`
`
`
`§
`
`CHOCOLATE WORKS, INC.
`§
`
`
`
`
`
`
`§
`
`
`Defendant.
`
`
`_____________________________________ §
`
`
`
`
`
`
`
`
`Plaintiff Geographic Location Innovations LLC (“Plaintiff” or “GLI”) files this
`
`Complaint against Chocolate Works, Inc. (“Defendant” or “CWI”) for infringement of United
`
`States Patent No. 7,917,285 (hereinafter “the ‘285 Patent”).
`
`PARTIES AND JURISDICTION
`
`
`
`1.
`
`This is an action for patent infringement under Title 35 of the United 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.
`
`
`
`4.
`
`On information and belief, Defendant is a New York corporation with a place of
`
`business located at 611 Jericho Turnpike, Syosset, NY 11791.
`
`
`
`PLAINTIFF’S COMPLAINT AGAINST DEFENDANT CHOCOLATE WORKS, INC.
`
` | 1
`
`

`

`Case 1:21-cv-02448 Document 1 Filed 03/19/21 Page 2 of 14
`
`
`
`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
`
`
`
`7.
`
`On information and belief, venue is proper in this District under 28 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 at, for example, 450 Central Park Avenue, Scarsdale, NY 10583.
`
`COUNT I
`(INFRINGEMENT OF UNITED STATES PATENT NO. 7,917,285)
`
`Plaintiff incorporates paragraphs 1 through 7 herein by reference.
`
`This cause of action arises under the patent laws of the United States and, in
`
`
`
`
`
`
`8.
`
`9.
`
`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.
`
`
`
`13.
`
`On March 29, 2011, the United States Patent & Trademark Office (USPTO) duly
`
`PLAINTIFF’S COMPLAINT AGAINST DEFENDANT CHOCOLATE WORKS, INC.
`
` | 2
`
`

`

`Case 1:21-cv-02448 Document 1 Filed 03/19/21 Page 3 of 14
`
`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
`
`PLAINTIFF’S COMPLAINT AGAINST DEFENDANT CHOCOLATE WORKS, INC.
`
` | 3
`
`

`

`Case 1:21-cv-02448 Document 1 Filed 03/19/21 Page 4 of 14
`
`positional information device. The system includes a 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
`
`PLAINTIFF’S COMPLAINT AGAINST DEFENDANT CHOCOLATE WORKS, INC.
`
` | 4
`
`

`

`Case 1:21-cv-02448 Document 1 Filed 03/19/21 Page 5 of 14
`
`’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 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.chocolateworks.com/storelocator/. 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.
`
`PLAINTIFF’S COMPLAINT AGAINST DEFENDANT CHOCOLATE WORKS, INC.
`
` | 5
`
`

`

`Case 1:21-cv-02448 Document 1 Filed 03/19/21 Page 6 of 14
`
`
`
`
`
`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 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.
`
`PLAINTIFF’S COMPLAINT AGAINST DEFENDANT CHOCOLATE WORKS, INC.
`
` | 6
`
`

`

`Case 1:21-cv-02448 Document 1 Filed 03/19/21 Page 7 of 14
`
`
`
`
`
`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.
`
`PLAINTIFF’S COMPLAINT AGAINST DEFENDANT CHOCOLATE WORKS, INC.
`
` | 7
`
`

`

`Case 1:21-cv-02448 Document 1 Filed 03/19/21 Page 8 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.
`
`PLAINTIFF’S COMPLAINT AGAINST DEFENDANT CHOCOLATE WORKS, INC.
`
` | 8
`
`

`

`Case 1:21-cv-02448 Document 1 Filed 03/19/21 Page 9 of 14
`
`
`
`
`
`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.
`
`PLAINTIFF’S COMPLAINT AGAINST DEFENDANT CHOCOLATE WORKS, INC.
`
` | 9
`
`

`

`Case 1:21-cv-02448 Document 1 Filed 03/19/21 Page 10 of 14
`
`
`
`
`
`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.
`
`PLAINTIFF’S COMPLAINT AGAINST DEFENDANT CHOCOLATE WORKS, INC.
`
` | 10
`
`

`

`Case 1:21-cv-02448 Document 1 Filed 03/19/21 Page 11 of 14
`
`
`
`PLAINTIFF’S COMPLAINT AGAINST DEFENDANT CHOCOLATE WORKS, INC.
`
` | 11
`
`

`

`Case 1:21-cv-02448 Document 1 Filed 03/19/21 Page 12 of 14
`
`
`
`
`
`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.
`
`
`
`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.
`
`PLAINTIFF’S COMPLAINT AGAINST DEFENDANT CHOCOLATE WORKS, INC.
`
` | 12
`
`

`

`Case 1:21-cv-02448 Document 1 Filed 03/19/21 Page 13 of 14
`
`
`
`
`
`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
`
`PLAINTIFF’S COMPLAINT AGAINST DEFENDANT CHOCOLATE WORKS, INC.
`
` | 13
`
`

`

`Case 1:21-cv-02448 Document 1 Filed 03/19/21 Page 14 of 14
`
`of the order from further infringement of United States Patent No. 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;
`
`Award Plaintiff pre-judgment and post-judgment interest and costs; and
`
`Award Plaintiff such further relief to which the Court finds Plaintiff entitled under
`
`
`
`
`
`(d)
`
`(e)
`
`law or equity.
`
`
`Dated: March 19, 2021
`
`
`
` Respectfully submitted,
`
`
`
`
`
`
`
`
`
`
`
`
`/s/ Jay Johnson
`JAY JOHNSON
`State Bar No. 24067322
`KIZZIA JOHNSON, PLLC
`1910 Pacific Ave., Suite 13000
`Dallas, Texas 75201
`(214) 451-0164
`Fax: (214) 451-0165
`jay@kjpllc.com
`
`
`ATTORNEYS FOR PLAINTIFF
`
`
`
`
`PLAINTIFF’S COMPLAINT AGAINST DEFENDANT CHOCOLATE WORKS, INC.
`
` | 14
`
`