throbber
FOR SETTLEMENT PURPOSES ONLY
`PURSUANT TO FEDERAL RULE OF EVIDENCE 408
`
`March 24, 2016
`
`Mr. Charles Beilman
`CD Universe
`101 North Plains Industrial Road
`Wallingford, CT 06492-5857
`
`Re:
`
`Shipping and Transit, LLC – Patent Infringement
`U.S. Patent Numbers: 6,415,207 – 6,904,359 – 6,763,299 -- 7,400,970
`Our Ref: 00211-0013
`
`Dear Mr. Beilman:
`
`We represent inventor Martin Kelly Jones and his company Shipping and Transit,
`LLC (711 Southwest 24th Avenue, Boynton Beach, FL 33435), formerly known as ArrivalStar
`S.A. and Melvino Technologies Limited (collectively “Shipping and Transit”) in the
`enforcement of United States Patent Numbers 6,415,207 (“the ‘207 patent”) 6,904,359, (“the
`‘359 patent”), and 6,763,299 (“the ‘299 patent”)for past usage and potential future use, and
`7,400,970 (“the ‘970 patent”) for past usage and back damages (35 U.S.C. §286 of The
`Patent Act). Collectively we refer to these as the “Shipping and Transit Patents”.
`
`At least two people within Shipping and Transit, LLC have done extensive research to
`determine your patent usage before sending you this letter.
`
`Our proposal for CD Universe (CDU) is that you enter into an agreement similar to
`those that the majority of the top ecommerce logistics companies already have with our
`client. Most of your company’s peers and competitors in the ecommerce sector have paid for
`past usage of the Shipping and Transit ‘970 patent. You may download a copy of each of
`U.S. Patent No. 6,415,207 (“the ‘207 patent”) U.S. Patent No. 6,904,359 (“the ‘359 patent”),
`U.S. Patent No. 6,763,299 (“the ‘299 patent”), and U.S. Patent No. 7,400,970 (“the ‘970
`patent”) by going to www.google.com/patents and typing in the number of each patent.
`Our Florida-based client believes you should be aware of a recent pronouncement by
`the Florida Senate:
`
`“Patents encourage research, development, and innovation. Patent holders have a legitimate right to
`enforce their patents. The Legislature does not wish to interfere with good faith patent litigation or
`the good faith enforcement of patents.” Florida Senate – 2015.
`
`The programs, products, services, systems and methods, of CDU including, but not
`limited to, its Shipment Tracking and Alert system have used and apparently continue to use
`
`Page 1 of 15
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`Unified Patents Exhibit 1011
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`CD Universe
`March 24, 2016
`Page 2
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`claim 5 of the ‘207 Patent, Claim 41 of the ‘359 Patent, Claim 79 of the ‘299 Patent and used
`Claim 1 of the ‘970 Patent. I am writing with the hope of resolving this issue and to offer
`CDU a discounted “license agreement” for the ‘970 Patent for past usage, and for past and
`ongoing usage of the ‘359 Patent, the ‘299 Patent and the ‘207 Patent under highly favorable
`terms.
`
`Shipping and Transit has actively pursued license agreements of its arrival
`notification technology in the retail, transportation, transportation logistics, cargo shipment,
`package delivery, package tracking and other related industries since mid-2005. Since that
`time Shipping and Transit has over 800 agreements involving its technology including
`agreements with over 500 online retail companies. Although some of these were reached in
`settlement of patent infringement actions filed by Shipping and Transit, the majority resulted
`from amicable business discussions. We have taken the time to break down how each part
`of least one claim of each patent has been (Claim 1 of the ‘970 Patent) and has been and is
`currently being used by CDU, (Claim 5 of the ‘207 Patent, Claim 41 of the ‘359 Patent, and
`Claim 79 of the ‘299 Patent. We have included non-limiting claim charts illustrating CDU’S
`use of these patent claims, in an effort to secure a license agreement without the need for
`litigation.
`
`BACKGROUND
`
`Martin Kelly Jones, the inventor and an owner of Shipping and Transit, LLC, has
`over 30 patents for arrival and status messaging systems and methods. Generally, and in
`non-legal terms, Mr. Jones’ inventions are directed to systems and methods that enable users
`to receive important vehicle and/or shipment status and arrival information through the use
`of common communication devices, including, among others, telephones, wireless
`communication devices, PDAs, and PCs. By keeping users more informed about status and
`arrival information, Mr. Jones’ inventions have significantly reduced the downtime
`traditionally experienced by millions of people every day waiting on the arrival of
`transportation, cargo and package delivery vehicles; and has increased safety along the way.
`Of course one additional benefit to your companies is that keeping your customers informed
`reduced the number of inquiries that your staff must handle.
`
`Because the Shipping and Transit technology significantly reduces waiting time and
`dramatically increases efficiency, it has applications within many industries.
`
`Mr. Jones conceived his inventions in 1985 when he observed a young girl waiting at
`a school bus stop on a rainy, foggy Atlanta morning. From that moment, Mr. Jones
`undertook to develop an advanced arrival notification systems that would, in addition to a
`myriad of other applications, notify homes of school children when their school bus was
`starting its route, when delays occurred and when their bus was close to bus stops by
`minimizing their wait time, it increased each child’s safety.
`
`From 1986 until 1992, Mr. Jones continued to research and identify the many
`potential uses for his technology. In 1992, Mr. Jones formed Global Research Systems, Inc.
`to continue his research and development and, eventually, to commercialize his technology.
`
`
`
`
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`Page 2 of 15
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`Unified Patents Exhibit 1011
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`CD Universe
`March 24, 2016
`Page 3
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`In 1993, Mr. Jones filed his first patent application. Since then it has been successfully tested
`and deployed in several markets. In 2002, ArrivalStar, Inc., the predecessor of ArrivalStar
`S.A., was formed to continue to develop and commercialize the ArrivalStar technology.
`
`The innovations were to help solve a problem that existed, and not simply seek out
`licensing revenues. As you may or may not know, the first patent application was not
`originally designed for licensing. In fact, the deployment technologies of the first patent
`application originated with "BusCall", which notified children and parents that the school
`bus was in route, or of its impending arrival. This technology was implemented across four
`states over a two-year period, helping thousands of kids, and received high praise from news
`outlets such as CNN and the Wall Street Journal. The benefits of Mr. Jones’ contribution is
`publicly available as follows:
`
`BusCall -- Wait Safety On The School Bus - videos may be seen at the following links.
`
`https://www.youtube.com/watch?v=K9rFQQyvhR4
`
`https://www.youtube.com/watch?v=KJ1mT9ZBOUU
`
`However, over time and within this area of technology, Mr. Jones began to notice
`the widespread copying and infringement of his technologies. This was not only a violation
`of his intellectual property rights but prevented him from getting further investors because
`their answers were always "companies are already deploying your technology and services".
`He was thus left with no other way to protect his rights and 20+ years of hard work except
`to seek licensing agreements from those who infringed by sending notice letters alerting
`companies of their infringement and filing patent infringement lawsuits in the federal courts
`when necessary. Both the U.S. Supreme Court and the United States Court of Appeals for
`the Federal Circuit (which has exclusive jurisdiction over all patent appeals) have recognized
`such an approach as necessary to curtail patent infringement and reward inventors for their
`innovation. Virtue v. Creamery Pkg. Mfg. Co., 227 U.S. 8, 37-38 (1913) (“Patents would be of
`little value if infringers of them could not be notified of the consequences of infringement,
`or proceeded against in the courts. Such action, considered by itself, cannot be said to be
`illegal.”); Va. Panel Corp. v. MAC Panel Co., 133 F.3d 860, 869 (Fed. Cir. 1997) (“[A] patentee
`must be allowed to make its rights known to a potential infringer so that the latter can
`determine whether to cease its allegedly infringing activities, negotiate a license if one is
`offered, or decide to run the risk of liability and/or the imposition of an injunction.”).
`
`THE SYSTEMS AND METHODS AT ISSUE
`
`After careful review, Shipping and Transit has determined that CDU’S programs,
`products, services, systems and methods, including, but not limited to, its “Shipment
`Tracking & Alerts” include tracking and messaging technologies that are (or were in the case
`of the ‘970 Patent) protected by the 207, ‘359, and ‘299 Patents owned by Shipping and
`Transit, LLC:
`
`
`
`
`
`
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`Page 3 of 15
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`Unified Patents Exhibit 1011
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`

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`
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`CD Universe
`March 24, 2016
`Page 4
`
`
`
`http://www.cduniverse.com/help/help.asp?style=all&page=shipping
`
`http://www.cduniverse.com/help/help.asp?style=all&page=shipping
`
`https://www.cduniverse.com/login.asp?style=all
`Orders that are shipped via UPS, FedEx, and USPS Express can be tracked by
`logging into your account under the Your Account button at the top of the
`page.
`
`
`
`Message timing and activation of impending arrival messages to users can be set at
`the start of the route or day, or in some cases one or more days before the vehicle is to
`arrive. By sending impending arrival messages early, users can rearrange their schedules for
`meeting a delivery vehicle/driver when he arrives. This highlights that the activation may
`occur at the pickup location (start of the route) and could happen one or more days in
`advance.
`
`The following is a non-limiting comparison of Claim 1 of the ‘970 Patent with your system:
`
`
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`Page 4 of 15
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`Unified Patents Exhibit 1011
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`

`
`is a
`
`CDU Shipment Tracking & Alerts
`computer based notification system;
`
`“Exception based vehicle management,
`improved control room performance and
`automated ETA/arrival notices will improve a
`vehicle’s route adherence”
`
`CD Universe
`March 24, 2016
`Page 5
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`“U.S. Patent 7,400,970 – Claim 1. A
`computer
`based
`notification
`system,
`comprising:
`
`
`
`means for enabling communication with
`a user that is designated to receive
`delivery of a package;
`
`The CDU system allows shipment tracking by
`the user that is designated to receive a delivery
`of a package/shipment;
`
`for presenting one or more
`means
`selectable options to the user,
`
`the selectable options including at least an
`activation option for instigating monitoring
`of travel data associated with a vehicle that
`is delivering the package to the user;
`
`means for requesting entry by the user of
`a package
`identification number or
`package delivery number, each pertaining to
`delivery of
`the package; means
`for
`identifying the vehicle based upon the
`entry;
`
`means for requesting entry by the user of
`contact information indicating one or more
`communication media to be used in
`connection with a notification
`communication to the user;
`
`means for monitoring the travel data;
`and means for initiating the notification
`communication pertaining to the package
`via the one or more communication media,
`based upon the travel data.”
`
`
`
`
`
`A CDU user is presented with different
`options for allowing exception based tracking
`and messaging.
`
`Users select exception based tracking and/or
`users select email notification of shipment
`updates;
`
`CDU tracking and messaging is determined by
`the package
`identification number – the
`package identification number is also the
`package
`tracking number
`that
`identifies
`shipment data such as delivery times, vehicles
`and other information – this information is
`selected and entered by the user;
`
`CDU user/purchaser/package recipient
`enters an email address. This may be changed
`within user account settings.
`
`
`
`CDU messages are sent based on a tracking
`input when the package starts its route (likely
`pick-up, placed on conveyer belt and/or
`scanned out
`to
`loading dock/out of
`warehouse, etc.) to its destination (delivery
`address), during the route (exceptions) or any
`point from pickup to delivery. The activation
`is based on the package tracking – scanned at
`or around the pickup point.
`
`Page 5 of 15
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`Unified Patents Exhibit 1011
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`

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`CD Universe
`March 24, 2016
`Page 6
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`We direct your attention to U.S. Patent No. 6,748,318 which is incorporated by
`
`reference in the ‘970 patent. The former patent indicates that tracking updates can be utilized
`on single sensors such …as a package is scanned (Col. 12, lines 51-53) The former patent
`also explains that activation of impending arrival messages to users can be set… before the vehicle
`arrives. (Col. 25, lines 44-45) Of course even a simple bar code scan can be considered tracking
`for purposes of these patents. Please refer to the FIGS 7, 8, 9 and 10 of Patent 6,748,318.
`(Emphases added)
`
`These and other areas of CDU’ services used claims of the ‘970 Patent. Although an
`exhaustive explanation of all aspects of your company’s usage of the ‘970 Patent is beyond
`the scope of this letter, we generally direct your attention to the means plus function
`language in Claim 1 (above) and Claim 8 (below) of the ‘970 patent:
`
`U.S. Patent 7,400,970 - Claim 8. “A computer based notification system, comprising:
`
`means for monitoring travel data associated with a plurality of mobile vehicles;
`
`means for enabling communication with a user that wishes to use a service provided
`by a particular vehicle at a particular vehicle stop;
`
`means for requesting entry of a stop identification number;
`
`means for identifying the particular vehicle based upon the stop identification
`number;
`
`means for presenting one or more selectable options to the user, the selectable
`options including at least an option for requesting information pertaining to the
`particular vehicle, the information being a vehicle type, a number of vehicle stops
`that will be encountered while the vehicle is en route to a stop location, or both; and
`
`means for initiating a notification communication pertaining to the vehicle with the
`user, based upon the travel data.”
`
`CDU’S use of the ‘207 Patent
`
`“U.S. Patent 6,415,207 – Claim 5. A
`system for monitoring and reporting
`status of vehicles, comprising::
`
`
`
`CDU monitors shipments from pickup
`locations, travel and hub locations and also
`delivery locations. Shipment Notifications
`Emails, Order Confirmation Emails and
`Updated tracking information on the CDU
`website monitor and report status of vehicles
`picking up, transporting and delivering customer
`ordered products;
`
`means for maintaining status information
`associated with a vehicle, said status
`
`CDU maintains the status shipments about to
`occur, occurring, in-route and at the delivery
`
`
`
`
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`Page 6 of 15
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`CD Universe
`March 24, 2016
`Page 7
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`information indicative of a current
`proximity of said identified vehicle;
`
`location. Customers want and CDU provides
`updated vehicle delivery information;
`
`
`
`the CDU system setup
`Customers using
`accounts and enter email address and other
`contact information. When the customer enters
`email and account information on the CDU
`system, the website places information on the
`customer’s
`computer
`for
`automatically
`identifying this customer, when this customer
`returns to the CDU system or 3rd party website.
`
`
`
`This information that identifies the customer to
`the website is known as browser cookies or
`tracking cookies, cookies are small, often
`encrypted text files, located in browser
`directories. They are used by CDU to help
`customer automatically log in or particularly log
`in and navigate their websites efficiently and
`perform certain functions.
`Cookies may also be created when a user's
`browser loads the CDU website. The website
`sends information to the browser which then
`creates a text file. Every time the user goes back
`to the CDU website, the browser retrieves and
`sends this file to the website's server. Computer
`Cookies are created not just by the website the
`user is browsing but also by other websites that
`run ads, widgets, or other elements on the page
`being loaded.
`
`means for communicating with a remote
`communication device, said means for
`communicating including a means for
`receiving caller identification information
`automatically transmitted to said
`communicating means;
`
`means for utilizing said caller
`identification information to
`automatically search for and locate a set
`of said status information; and
`
`identification
`the customer
`CDU utilizes
`information for store fronts to log users into
`their own account information. Auto-populated
`email fields are generated and entered into the
`account
`log
`in fields.
` After the user
`is
`automatically
`identified,
`they
`are
`(a.)
`automatically logged in or (b.) email addresses
`are automatically filled in and customers may
`search for and locate vehicle and shipment status
`information.
`
`and
`confirmations
`email
`Links within
`notifications provide customers with their own
`
`
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`Page 7 of 15
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`CD Universe
`March 24, 2016
`Page 8
`
`means for automatically retrieving and
`transmitting said set of said status
`information.
`
`7. The system of claim 5, wherein said
`caller identification information is an e-
`mail address.
`
`account information. The same and other links
`provide product and shipment information.
`
`CDU’S customers are automatically logged into
`their account and this automatic log in retrieves
`and transmits vehicle and shipment status
`information (i.e. users are not required to enter
`account in whole or in part, information).
`
`The user/purchaser/package recipient enters an
`email address.
`
`“At some point, a user identifier identifying the
`user is correlated with entry. For example, during
`a registration period, the user may provide his or
`her telephone number, which is stored in the
`database 72 and correlated with the entry in the
`database 72 associated with the vehicle 17.
`However, it should be noted that other types of
`user identifiers may be used. For example, the
`user identifier may be the user's name, the user's
`home or business address, the user's e-mail
`address, or other types of values that identify the
`user.”
`
`In architecture, the system of the present invention utilizes a database, a
`communication interface, and a system manager. The database stores status information
`associated with a vehicle [shipment was picked up by vehicle] or [shipment is in route] or
`[shipment was delivered], and the communication interface is designed to communicate with
`communication devices remotely located from the system. The system manager receives a
`message transmitted from the vehicle and updates the status information stored in the
`database based on the received message [when shipments are scanned into the vehicle, this
`information updates the shipment records/database]. When a remote communication device
`establishes communication with the communication interface, the communication interface
`receives caller identification information automatically transmitted to the communication
`interface. The system manager analyzes this caller identification information and
`automatically retrieves status information from the database based on the caller identification
`information. The system manager then transmits, via the communication interface, the
`retrieved status information to the remote communication device. (See, generally, Col. 1,
`line 66 through Col. 2, line 16 of the ‘207 Patent.)
`
`CDU’S use of the ‘359 Patent:
`
`“U.S. Patent 6,904,359 – Claim 41. A
`
`CDU provides Shipment Notifications via
`Emails and Order Confirmation via Emails
`
`Page 8 of 15
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`Unified Patents Exhibit 1011
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`

`
`for informing their customers when orders
`are processed and when shipments have left
`their facility and are on their way to the
`customer’s delivery address; these vehicles
`are picking up, transporting and delivering
`customer ordered products;
`
`account
`set-up
`are
`CDU’S customers
`information and enter delivery address/s and
`email contact information for permitting the
`Shipment Notification
`system
`to
`send
`messages
`associated with
`the delivery
`address/location – additionally users may
`also select exception based tracking and
`notifications;
`
`CDU’S customers setup accounts and enter
`email address and other contact information
`on the website. When the customer (over the
`internet/remotely) enters email and account
`information on
`the CDU website,
`the
`website stores the information during this 1st
`communication link / session;
`
`
`The CDU website saves customer account
`information during the account setup (first
`communication link) and the CDU system
`retrieves
`location
`(customer
`address
`information) information indicative of their
`delivery address and allows this information
`to be used for determining a region that the
`delivery vehicle will achieve during travel
`(from the location a package was initially
`shipped to, to the delivery address); and
`
`
`
`
`
`CD Universe
`March 24, 2016
`Page 9
`
`notification system, comprising:
`
`
`
`
`
`(a) means for permitting a user to predefine
`one or more events that will cause creation
`and communication of a notification relating
`to the status of a mobile vehicle in relation
`to a location, comprising:
`
` (1) means for permitting the user to
`electronically communicate during a first
`communication link with the notification
`system from a user communications device
`that is remote from the notification system;
`and
`
`
`
`(2) means for receiving during the first
`communication link an identification of the
`one or more events relating to the status of
`the vehicle, wherein the one or more events
`comprises at least one of the following:
`distance information specified by the user
`that is indicative of a distance between the
`vehicle and the location, location
`information specified by the user that is
`indicative of a location or region that the
`vehicle achieves during travel, time
`information specified by the user that is
`indicative of a time for travel of the vehicle
`to the location, or a number of one or more
`stops that the vehicle accomplishes prior to
`arriving at the location; and
`
`(b) means for establishing a second
`communication link between the system and
`the user upon occurrence of the one or
`
`CDU’S customers are automatically notified
`of shipments in route to their delivery
`address (the event) or exceptions occur
`
`
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`CD Universe
`March 24, 2016
`Page 10
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`more events.
`
`before the scheduled delivery. This occurs
`when the shipment is picked up and in route
`by a courier (vehicle) and during a second
`communication link.
`
`“Furthermore, message timing and activation of impending arrival messages to users
`can be set at the start of the route or day, or in some cases the day/s before the vehicle is to
`arrive.” (See, ‘359 Patent at Col. 34, line 66 through Col. 35, line 2)
`
`CDU’S use of the ‘299 Patent:
`
`“U.S. Patent 6,763,299– Claim 79. A
`system, comprising:
`
`means for maintaining delivery information
`identifying a plurality of stop locations;
`
`shipment
`tracking and
`CDU provides
`notifications for informing their customers
`when orders are processed and when
`shipments have left their facility and are on
`their way to the customer’s delivery address;
`these vehicles are picking up, transporting
`and delivering customer ordered products;
`
`CDU’S customers set-up accounts and enter
`a plurality of delivery address/s on their
`website. The CDU database stores, maintains
`and uses delivery information when users
`order and products are shipped to customer
`in-put delivery addresses;
`
`means for monitoring travel data associated
`with a vehicle in relation to the delivery
`information;
`
`CDU monitors shipments by vehicles picking
`up, in transit and delivering products to
`customer addresses (delivery information);
`
`means for, when the vehicle approaches, is
`at, or leaves a stop location: determining a
`subsequent stop location in the delivery
`information;
`
`determining user defined preferences data
`associated with the stop location, the user
`defined preferences data including a distance
`between the vehicle and the subsequent stop
`that corresponds to when the party wishes
`to receive the communication; and
`
`CDU determines when a package is scanned
`on a courier vehicle (is at the loading dock),
`the subsequent delivery address of each
`package
`to
`different
`customer
`accounts/addresses;
`
`CDU’S customers enter contact information
`to be notified when their product ships – the
`shipment notification informs the user their
`shipment was picked up by a vehicle and is
`on its way to the address provided; The
`distance is the pick-up to delivery and based
`on the shipment options (overnight, 2nd day,
`ground, etc..) the user is informed on the
`
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`arrival time / date. Notifications include the
`delivery date within the message.
`The shipment notification is sent to the user
`informing them of the pickup (first stop
`location) and of
`the delivery address
`subsequent stop location.
`
`CD Universe
`March 24, 2016
`Page 11
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`
`
`sending a communication to a party
`associated with the subsequent stop location
`in accordance with the user defined
`preferences data to notify the party of
`impending arrival at the subsequent stop
`location.
`
`
`
`The present invention generally relates to data communications and information
`systems and, more particularly, to advance notification systems and methods for notifying
`users in advance of the impending arrival of a vehicle or user, for example but not limited to,
`a bus, train, delivery van, plane, fishing vessel, or other vessel, or user walking or riding, to or
`at a particular stop. (See, ‘299 Patent at Col. 1, lines 29-35)
`
`Those programs and services described above and likely many other functionalities
`used by CDU’ products and services are covered by claims of these patents. If litigation
`becomes necessary, in our experience discovery is likely to identify additional patent claims
`that should be added but we are confident that you and your attorneys will reach the same
`conclusion as we have above once you have analyzed the company’s systems and products in
`view of the representative patent claims noted above.
`
`Please understand that the Shipping and Transit processes for determining
`infringement is an extensive and historically speaking an extremely accurate process. We
`always offer straightforward open dialog to answer any reasonable questions of the patent
`claims, usage and matching CDU’S technologies to Shipping and Transit’s technologies.
`These patents are strong in both validity and scope, we sincerely seek an amicable resolution.
`
`SHIPPING AND TRANSIT’S LICENSING PROGRAM
`
`As noted above, Shipping and Transit has settlement agreements with its arrival
`notification technology to over five hundred (500) companies in the online retail and other
`transportation sectors. The following is a very small sample of companies who are publicly
`known as licensees of Shipping and Transit:
`
`ABF Freight System, Inc.
`Acsis, Inc.
`APL Logistics Company
`Atlantic Container Line AB
`BNSF Railway Co.
`Con-Way Transportation Services
`Cosco Holding Company
`CSX Corporation
`
`
`
`Lynden Inc.
`Nistevo Corporation
`Northwest Airlines
`NYK Logistics
`OAG Worldwide, Lmtd.
`Ozburn Hessey Logistics
`Par3 Communications
`Pitt-Ohio Express, LLC
`
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`CD Universe
`March 24, 2016
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`
`
`Descartes Systems Group, Inc.
`Evergreen Maritime
`Fedex Corp
`Globe Express Services, Ltd.
`Horizon Lines
`Infor Global Solutions (Chicago)
`
`
`Sabre Holdings
`Supply Chain Consulting
`Trade-Point Systems, LLC
`Travelocity
`UPS
`Yang Ming
`
`Although Shipping and Transit certainly prefers to resolve all licensing issues
`amicably, Shipping and Transit has, when necessary, filed and aggressively litigated patent
`infringement lawsuits to enforce its patent rights. Out of the hundreds of cases filed, some
`of the Defendants include:
`
`Abercrombie & Fitch
`Ace Hardware
`Allen Edmonds Shoes
`Archer-Daniels Midland
`Armani
`AT&T
`Barnes & Nobles
`Bed Bath & Beyond
`Best Buy
`Brooks Brothers
`Brookstone
`Burlington Coat Factory
`Chrysler
`City of Raleigh
`Coach
`Dick’s Sporting Goods
`Dollar General
`Dunkin Donuts
`Estee Lauder
`Ford
`GameStop
`Gatorade
`Groupon
`Gucci
`Gymboree
`Hewlett Packard
`JetBlue
`
`Macy’s
`Nautical
`Neiman Marcus
`Nike
`Nissan
`Nordstrom
`Oakley
`Panasonic
`Pet Smart
`PetCo
`Pizza Hut
`Port Authority of New York & New Jersey
`Radio Shack
`Rawlings Sporting Goods
`Rite Aid
`Safeway
`Seagate
`Sketchers
`Spanx
`Sprint
`Target
`The Gap
`The Golf Warehouse
`The NorthFace
`Toms Shoes
`Toshiba
`U.S. Airways
`
`
`
`Page 12 of 15
`
`Unified Patents Exhibit 1011
`
`

`
`CD Universe
`March 24, 2016
`Page 13
`
`Kohl’s Department Store
`Lacoste
`LL Bean
`Lululemon
`
`Others include;
`
`Under Armour
`Urban Outfitters
`Virgin America
`Wal-Mart
`
`ArrivalStar Ltd. et al. v. United Shippers Corporation of NY and Yang Ming (America) Corporation
`U.S. District Court for the District of New Jersey: 2:06cv56
`
`ArrivalStar SA et al. v. Tradepoint Systems, LLC
`U.S. District Court for the District of New Hampshire: 1:06cv82
`
`ArrivalStar Ltd. et al. v. Tradebeam, Inc. and Cleartrack Information Network, Inc.
`U.S. District Court for the Northern District of Illinois: 1:06cv82
`
`ArrivalStar SA et al. v. APL Logistics, Inc.
`U.S. District Court for the Northern District of California: 4:06cv4289
`
`ArrivalStar SA et al. v. Langham Logistics, Inc., Supply Chain Consulting U.S., LLC, Ozburn Hessey
`Logistics, LLC, Amtrex Trading, LLC and Fortigo, Inc.
`U.S. District Court for the Southern District of Indiana: 1:08cv1689
`
`ArrivalStar, Inc. v. Maersk Logistics USA, ABF Freight System, Inc., NYK Logistics, Inc., Con-Way
`Transportation Services, Inc.
`U.S. District Court for the Southern District of Florida: 1:05cv21046
`
`Arrival Star, Inc. v. PBB Global Logistics, Inc.
`U.S. District Court for the Northern District of Illinois: 1:05cv4766
`
`Arrival Star, Inc. v. Cosco Container Lines Americas, Inc.
`U.S. District Court for the Eastern District of Virginia: 1:05cv933
`
`ArrivalStar SA et al. v. Globe Express Services, Ltd. et al.
`U.S. District Court for the Western District of North Carolina: 3:06cv77
`
`ArrivalStar SA et al. v. Pitt-Ohio Express, LLC
`U.S. District Court for the Western District of Pennsylvania: 2:06cv413
`
`ArrivalStar SA et al. v. Pilot Air Freight Corp.
`U.S. District Court for the Eastern District of Pennsylvania: 2:06cv1382
`
`ArrivalStar SA et al. v. A. Duie Pyle, Inc.
`U.S. District Court for the Middle District of Pennsylvania: 1:06cv766
`
`Page 13 of 15
`
`Unified Patents Exhibit 1011
`
`

`
`CD Universe
`March 24, 2016
`Page 14
`
`ArrivalStar SA et al. v. SSA Global Technologies, Inc.
`U.S. District Court for the Northern District of Illinois: 1:06cv2164
`
`ArrivalStar SA et al. v. Atomicbox, Inc.
`U.S. District Court for the Northern District of Ohio: 5:06cv964
`
`ArrivalStar SA et al. v. Catalyst International Inc.
`U.S. District Court for the Eastern District of Wisconsin: 2:06cv588
`
`ArrivalStar SA et al. v. Railinc Corp.
`U.S. District Court for the Eastern District of North Carolina: 5:06cv222
`
`ArrivalStar SA et al. v. New Penn Motor Express, Inc.
`U.S. District Court for the Middle District of Pennsylvania: 1:06cv1214
`
`ArrivalStar SA et al. v. Saia Motor Freight Line, Inc.
`U.S. District Court for the Northern District of Georgia: 1:06cv1606
`
`ArrivalStar SA et al. v. Acsis, Inc.
`U.S. District Court for the District of New Jersey: 1:06cv3439
`
`ArrivalStar SA et al. v. B E Logistics, Inc.
`U.S. District Court for the Central District of California: 2:06cv4568
`
`ArrivalStar SA et al. v. Lynden, Inc.
`U.S. District Court for the Western District of Washington: 2:06cv1030
`
`ArrivalStar SA et al. v. City of Albuquerque
`U.S. District Court for the District of New Mexico: 1:07cv228
`
`ArrivalStar SA et al. v. Dallas-Fort Worth International Airport
`U.S. District Court for the Northern District of Texas: 3:07cv464
`
`ArrivalStar SA et al. v. ShipMatrix, Inc., United Parcel Services, Inc. and FedEx Corp.
`U.S. District Court for the Western District of Pennsylvania: 2:07cv415
`
`ArrivalStar SA et al. v. UAL Corporation
`U.S. District Court for the Northern District of Il

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