`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TYLER DIVISION
`
`
`GROUPCHATTER, LLC
`Plaintiff,
`
`
`v.
`
`GENERAL ELECTRIC COMPANY,
`GE ENERGY MANAGEMENT
`SERVICES, INC., and
`GE GRID SOLUTIONS, LLC
`Defendants.
`
`CIVIL ACTION NO. 6:15-cv-00975
`
`
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`PLAINTIFF’S ORIGINAL COMPLAINT AND JURY DEMAND
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`Plaintiff GroupChatter, LLC files this Original Complaint against Defendants General
`
`Electric Company, GE Energy Management Services, Inc. and GE Grid Solutions, LLC
`
`(collectively, “GE”) for infringement of: U.S. Patent Nos. 7,969,959; 8,199,740; 8,588,207; and
`
`9,014,659.
`
`
`
`THE PARTIES
`
`1.
`
`Plaintiff GroupChatter, LLC (“GroupChatter”) is a Texas limited liability
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`company with its headquarters and principal place of business at 1400 Preston Road., Suite 475,
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`Plano, Texas 75093.
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`2.
`
`Defendant General Electric Company is a New York corporation with its principal
`
`place of business at 3135 Easton Turnpike, Fairfield, CT, 06828-0001. General Electric
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`Company may be served through its registered agent CT Corporation, 1999 Bryan St., Ste. 900,
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`Dallas, TX 75201-3136.
`
`3.
`
`Defendant GE Energy Management Services, Inc., is a Delaware corporation with
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`its principal place of business at 4200 Wildwood Pkwy Bldg 2018, Atlanta, GA 30339. GE
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`General Electric Co. 1011 - Page 1
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`Case 6:15-cv-00975-RWS Document 1 Filed 11/11/15 Page 2 of 11 PageID #: 2
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`Energy Management Services, Inc., may be served through its registered agent CT Corporation,
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`1999 Bryan St., Ste. 900, Dallas, TX 75201-3136.
`
`4.
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`Defendant GE Grid Solutions, LLC is a Delaware corporation with its principal
`
`place of business at 4200 Wildwood Pkwy Bldg 2018 N6-04A-03, Atlanta, GA 30339. GE Grid
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`Solutions, LLC may be served through its registered agent CT Corporation, 1999 Bryan St., Ste.
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`900, Dallas, TX 75201-3136.
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`
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`JURISDICTION AND VENUE
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`5.
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`GroupChatter brings this action for patent infringement under the patent laws of
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`the United States, namely 35 U.S.C. §§ 271, 281, and 284-285, among others. This Court has
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`subject-matter jurisdiction pursuant to 28 U.S.C. §§ 1331, 1338(a), and 1367.
`
`6.
`
`Venue is proper in this judicial district pursuant to 28 U.S.C. §§ 1391(c) and
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`1400(b). Defendant does business in this judicial district, has committed acts of infringement in
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`this judicial district, has purposely transacted business in this judicial district involving the
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`accused products and/or, has regular and established places of business in this judicial district.
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`7.
`
`Defendants are subject to this Court’s specific and general personal jurisdiction
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`pursuant to due process and/or the Texas Long-Arm Statute, due at least to its substantial
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`business in this State and judicial district, including: (A) at least part of its infringing activities
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`alleged herein; and (B) regularly doing or soliciting business, engaging in other persistent
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`conduct, and/or deriving substantial revenue from goods sold and services provided to Texas
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`residents.
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`
`
`8.
`
`9.
`
`COUNT I
`(INFRINGEMENT OF U.S. PATENT NO. 7,969,959)
`
`GroupChatter incorporates paragraphs 1 through 5 herein by reference.
`
`GroupChatter is the owner, by assignment, of U.S. Patent No. 7,969,959 (the
`
`Plaintiff’s Original Complaint and Jury Demand
`
`Page 2
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`General Electric Co. 1011 - Page 2
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`
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`Case 6:15-cv-00975-RWS Document 1 Filed 11/11/15 Page 3 of 11 PageID #: 3
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`“’959 Patent”),
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`titled
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`“METHOD AND APPARATUS FOR EFFICIENT AND
`
`DETERMINISTIC GROUP ALERTING.”
`
`10.
`
`11.
`
`A true and correct copy of the ’959 Patent is attached as Exhibit A.
`
`As the owner of the ’959 Patent, GroupChatter holds all substantial rights in and
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`under the ’959 Patent, including the right to grant sublicenses, exclude others, and to enforce,
`
`sue, and recover damages for past and future infringement.
`
`12.
`
`13.
`
`The United States Patent Office granted the ’959 Patent on June 28, 2011.
`
`The ’959 Patent is valid, enforceable and was duly issued in full compliance with
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`Title 35 of the United States Code.
`
`14.
`
`15.
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`Defendant has no consent or authorization to practice the ’959 Patent.
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`GE is practicing one or more claims of the ’959 Patent, including at least claims 1
`
`and 30, by making, using, offering for sale, selling, and/or importing components and systems
`
`for alerting groups of recipients over a wireless network.
`
`16.
`
`GE has directly infringed and continues to infringe the ’959 Patent by practicing,
`
`without limitation, the methods of claims 1 and 30 by deploying, testing, and operating a wide
`
`area Grid IQ Advanced Metering Infrastructure (AMI) network
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`that enables remote
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`configuration, operation, and monitoring of utility meters (the “Grid IQ AMI System”).
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`17.
`
`The Grid IQ AMI System consists of subsystems and components including RF
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`Mesh components, Smart Metering Operations Suite, Grid IQ Connect, Grid IQ Network
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`Communications Platform, access points, subscriber units, and endpoints.
`
`18.
`
`The Grid IQ AMI System operates with endpoints (e.g., electric meters) that have
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`communication modules.
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`19.
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`Grid IQ AMI System endpoints are identified by device ID, endpoint ID, serial
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`Plaintiff’s Original Complaint and Jury Demand
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`Page 3
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`General Electric Co. 1011 - Page 3
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`Case 6:15-cv-00975-RWS Document 1 Filed 11/11/15 Page 4 of 11 PageID #: 4
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`number and/or network address.
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`20.
`
`21.
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`Grid IQ endpoints are organized in groups.
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`The Grid IQ AMI System relies on one or more wireless networks to
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`communicate with
`
`the endpoints, where
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`the wireless networks
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`include power
`
`line
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`communication (PLC) system components, mesh network components, cellular network
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`components, access points, subscriber units, and other endpoints.
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`22.
`
`During operation of the Grid IQ AMI System, GE processes endpoint addresses,
`
`endpoint group addresses, outgoing communications, and incoming acknowledgment responses.
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`23.
`
`Actions may be performed on one or more groups of Grid IQ AMI System
`
`endpoints.
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`24.
`
`GroupChatter has been damaged as a result of Defendant’s infringing conduct
`
`described in Count 1. GE is liable to GroupChatter in an amount that adequately compensates it
`
`for GE’s infringement, which, by law, can be no less than a reasonable royalty, together with
`
`interest and costs as fixed by this Court under 35 U.S.C. § 284.
`
`COUNT 2
`(INFRINGEMENT OF U.S. PATENT NO. 8,199,740)
`
`GroupChatter incorporates paragraphs 1 through 22 herein by reference.
`
`GroupChatter is the owner, by assignment, of U.S. Patent No. 8,199,740 (the
`
`
`
`25.
`
`26.
`
`“’740 Patent”),
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`titled
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`“METHOD AND APPARATUS FOR EFFICIENT AND
`
`DETERMINISTIC GROUP ALERTING.”
`
`27.
`
`28.
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`A true and correct copy of the ’740 Patent is attached as Exhibit B.
`
`As the owner of the ’740 Patent, GroupChatter holds all substantial rights in and
`
`under the ’740 Patent, including the right to grant sublicenses, exclude others, and to enforce,
`
`sue, and recover damages for past and future infringement.
`
`Plaintiff’s Original Complaint and Jury Demand
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`Page 4
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`General Electric Co. 1011 - Page 4
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`Case 6:15-cv-00975-RWS Document 1 Filed 11/11/15 Page 5 of 11 PageID #: 5
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`29.
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`30.
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`The United States Patent Office granted the ’740 Patent on June 12, 2012.
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`The ’740 Patent is valid, enforceable and was duly issued in full compliance with
`
`Title 35 of the United States Code.
`
`31.
`
`GE is practicing one or more claims of the ’740 Patent, including at least claims 1
`
`and 11, by making, using, offering for sale, selling, and/or importing components and systems
`
`for alerting groups of recipients over a wireless network.
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`32.
`
`GE has directly infringed and continues to infringe the ’740 Patent by practicing
`
`one or more claims of the ’740 Patent, including at least claims 1 and 11, by deploying, testing,
`
`and operating the Grid IQ AMI System and its subsystems that provide a deterministic group
`
`messaging system through which GE alerts groups of recipient endpoints over a wireless
`
`network.
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`33.
`
`Grid IQ AMI System endpoints are capable of transmitting and receiving data
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`wirelessly.
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`34.
`
`35.
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`GE stores and processes endpoint and group addresses for multiple endpoints.
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`GE provides endpoints with data by broadcasting outgoing communications to the
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`endpoints and processes incoming acknowledgments when it operates the Grid IQ AMI System
`
`and related subsystems.
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`36.
`
`The Grid IQ AMI System and related subsystems are a deterministic group
`
`messaging system for providing acknowledged group messaging.
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`37.
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`GroupChatter has been damaged as a result of Defendant’s infringing conduct
`
`described in Count 2. GE is liable to GroupChatter in an amount that adequately compensates it
`
`for their infringement, which amount, by law, can be no less than a reasonable royalty, together
`
`with interest and costs as fixed by this Court under 35 U.S.C. § 284.
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`Plaintiff’s Original Complaint and Jury Demand
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`Page 5
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`General Electric Co. 1011 - Page 5
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`Case 6:15-cv-00975-RWS Document 1 Filed 11/11/15 Page 6 of 11 PageID #: 6
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`COUNT 3
`(INFRINGEMENT OF U.S. PATENT NO. 8,588,207)
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`GroupChatter incorporates paragraphs 1 through 35 herein by reference.
`
`GroupChatter is the owner, by assignment, of U.S. Patent No. 8,588,207 (the
`
`
`
`38.
`
`39.
`
`“’207 Patent”),
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`titled
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`“METHOD AND APPARATUS FOR EFFICIENT AND
`
`DETERMINISTIC GROUP ALERTING.”
`
`40.
`
`41.
`
`A true and correct copy of the ’207 Patent is attached as Exhibit C.
`
`As the owner of the ’207 Patent, GroupChatter holds all substantial rights in and
`
`under the ’207 Patent, including the right to grant sublicenses, exclude others, and to enforce,
`
`sue, and recover damages for past and future infringement.
`
`42.
`
`43.
`
`The United States Patent Office granted the ’207 Patent on November 19, 2013.
`
`The ’207 Patent is valid, enforceable and was duly issued in full compliance with
`
`Title 35 of the United States Code.
`
`44.
`
`GE is practicing one or more claims of the ’207 Patent, including at least claims 1
`
`and 8, by making, using, offering for sale, selling, and/or importing the Grid IQ AMI System and
`
`its subsystems that provide a deterministic group messaging system through which GE alerts
`
`groups of recipients over a wireless network.
`
`45.
`
`GE has directly infringed and continues to infringe the ’207 Patent by deploying,
`
`testing, and operating the Grid IQ AMI System that provides acknowledged group messaging
`
`with endpoints (e.g., utility meters) in the Grid IQ AMI System.
`
`46.
`
`GE processes endpoint and group identifiers, provides the endpoints with related
`
`data, wirelessly transmits outgoing communications to the endpoints, and processes incoming
`
`acknowledgments when it operates the Grid IQ AMI System and related subsystems.
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`47.
`
`The Grid IQ AMI System and related subsystems are a deterministic group
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`Plaintiff’s Original Complaint and Jury Demand
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`Page 6
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`General Electric Co. 1011 - Page 6
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`Case 6:15-cv-00975-RWS Document 1 Filed 11/11/15 Page 7 of 11 PageID #: 7
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`messaging system and provide acknowledged group messaging.
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`48.
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`GroupChatter has been damaged as a result of Defendant’s infringing conduct
`
`described in Count 3. GE is liable to GroupChatter in an amount that adequately compensates it
`
`for their infringement, which, by law, can be no less than a reasonable royalty, together with
`
`interest and costs as fixed by this Court under 35 U.S.C. § 284.
`
`COUNT 4
`(INFRINGEMENT OF U.S. PATENT NO. 9,014,659)
`
`GroupChatter incorporates paragraphs 1 through 46 herein by reference.
`
`GroupChatter is the owner, by assignment, of U.S. Patent No. 9,014,659 (the
`
`
`
`49.
`
`50.
`
`“’659 Patent”),
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`titled
`
`“METHOD AND APPARATUS FOR EFFICIENT AND
`
`DETERMINISTIC GROUP ALERTING.”
`
`51.
`
`52.
`
`A true and correct copy of the ’659 Patent is attached as Exhibit D.
`
`As the owner of the ’659 Patent, GroupChatter holds all substantial rights in and
`
`under the ’659 Patent, including the right to grant sublicenses, exclude others, and to enforce,
`
`sue, and recover damages for past and future infringement.
`
`53.
`
`54.
`
`The United States Patent Office granted the ’659 Patent on April 21, 2015.
`
`The ’659 Patent is valid, enforceable and was duly issued in full compliance with
`
`Title 35 of the United States Code.
`
`55.
`
`GE is practicing one or more claims of the ’659 Patent, including at least claims 1
`
`and 10, by making, using, offering for sale, selling, and/or importing the Grid IQ AMI System
`
`and its subsystems that provide a deterministic group messaging system through which GE alerts
`
`groups of recipients over a wireless network.
`
`56.
`
`GE has directly infringed and continues to infringe the ’659 Patent by deploying,
`
`testing, and operating the Grid IQ AMI System that provides acknowledged group messaging
`
`Plaintiff’s Original Complaint and Jury Demand
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`Page 7
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`General Electric Co. 1011 - Page 7
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`Case 6:15-cv-00975-RWS Document 1 Filed 11/11/15 Page 8 of 11 PageID #: 8
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`with endpoints in the Grid IQ AMI System.
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`57.
`
`58.
`
`59.
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`In operation, the Grid IQ AMI System provides acknowledged group messaging.
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`The Grid IQ AMI System stores an identifier for a plurality of endpoints.
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`The Grid IQ AMI System provides for grouping of endpoints and assignment of a
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`group identifier to a group of endpoints.
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`60.
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`61.
`
`The Grid IQ AMI System wirelessly transmits data to endpoints.
`
`The Grid IQ AMI System processes incoming acknowledgments from endpoints
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`within a group.
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`62.
`
`The Grid IQ AMI System and related subsystems monitor for responses from
`
`endpoints to group message transmissions.
`
`63.
`
`The Grid IQ AMI System and related subsystems are a deterministic group
`
`messaging system for providing acknowledged group messaging.
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`64.
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`GroupChatter has been damaged as a result of GE’s infringing conduct described
`
`in Count 4. GE is liable to GroupChatter in an amount that adequately compensates it for their
`
`infringement, which compensation, by law, can be no less than a reasonable royalty, together
`
`with interest and costs as fixed by this Court under 35 U.S.C. § 284.
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`
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`NOTICE OF REQUIREMENT OF LITIGATION HOLD
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`65.
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`GE is hereby notified it is legally obligated to locate, preserve, and maintain all
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`records, notes, drawings, documents, data, communications, materials, electronic recordings,
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`audio/video/photographic recordings, and digital files, including edited and unedited or “raw”
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`source material, and other information and tangible things that GE knows, or reasonably should
`
`know, may be relevant to actual or potential claims, counterclaims, defenses, and/or damages by
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`any party or potential party in this lawsuit, whether created or residing in hard copy form or in
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`the form of electronically stored information (hereafter collectively referred to as “Potential
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`Plaintiff’s Original Complaint and Jury Demand
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`Page 8
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`General Electric Co. 1011 - Page 8
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`Case 6:15-cv-00975-RWS Document 1 Filed 11/11/15 Page 9 of 11 PageID #: 9
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`Evidence”).
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`66.
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`As used above, the phrase “electronically stored information” includes without
`
`limitation: computer files (and file fragments), e-mail (both sent and received, whether internally
`
`or externally), information concerning e-mail (including but not limited to logs of e-mail history
`
`and usage, header information, and deleted but recoverable e-mails), text files (including drafts,
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`revisions, and active or deleted word processing documents), instant messages, audio recordings
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`and files, video footage and files, audio files, photographic footage and files, spreadsheets,
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`databases, calendars, telephone logs, contact manager information, internet usage files, and all
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`other information created, received, or maintained on any and all electronic and/or digital forms,
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`sources and media, including, without limitation, any and all hard disks, removable media,
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`peripheral computer or electronic storage devices, laptop computers, mobile phones, personal
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`data assistant devices, Blackberry devices, iPhones, video cameras and still cameras, and any and
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`all other locations where electronic data is stored. These sources may also include any personal
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`electronic, digital, and storage devices of any and all of GE’s agents, resellers, or employees if
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`GE’s electronically stored information resides there.
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`67.
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`GE is hereby further notified and forewarned that any alteration, destruction,
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`negligent loss, or unavailability, by act or omission, of any Potential Evidence may result in
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`damages or a legal presumption by the Court and/or jury that the Potential Evidence is not
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`favorable to GE’s claims and/or defenses. To avoid such a result, GE’s preservation duties
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`include, but are not limited to, the requirement that GE immediately notify its agents and
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`employees to halt and/or supervise the auto-delete functions of GE’s electronic systems and
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`refrain from deleting Potential Evidence, either manually or through a policy of periodic
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`deletion.
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`Plaintiff’s Original Complaint and Jury Demand
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`Page 9
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`Texas Bar No. 24046950
`Email: jtatum@taylordunham.com
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`Plaintiff’s Original Complaint and Jury Demand
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`Page 11
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`General Electric Co. 1011 - Page 11