Case 6:15-cv-00975-RWS Document 1 Filed 11/11/15 Page 1 of 11 PageID #: 1
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TYLER DIVISION
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`GROUPCHATTER, LLC
`Plaintiff,
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`
`v.
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`GENERAL ELECTRIC COMPANY,
`GE ENERGY MANAGEMENT
`SERVICES, INC., and
`GE GRID SOLUTIONS, LLC
`Defendants.
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`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
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`Electric Company, GE Energy Management Services, Inc. and GE Grid Solutions, LLC
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`(collectively, “GE”) for infringement of: U.S. Patent Nos. 7,969,959; 8,199,740; 8,588,207; and
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`9,014,659.
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`
`
`THE PARTIES
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`1.
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`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.
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`Defendant General Electric Company is a New York corporation with its principal
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`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.
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`3.
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`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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`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.
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`4.
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`Defendant GE Grid Solutions, LLC is a Delaware corporation with its principal
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`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.
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`6.
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`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.
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`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.
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`9.
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`COUNT I
`(INFRINGEMENT OF U.S. PATENT NO. 7,969,959)
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`GroupChatter incorporates paragraphs 1 through 5 herein by reference.
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`GroupChatter is the owner, by assignment, of U.S. Patent No. 7,969,959 (the
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`Plaintiff’s Original Complaint and Jury Demand
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`Page 2
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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
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`DETERMINISTIC GROUP ALERTING.”
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`10.
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`11.
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`A true and correct copy of the ’959 Patent is attached as Exhibit A.
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`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,
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`sue, and recover damages for past and future infringement.
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`12.
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`13.
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`The United States Patent Office granted the ’959 Patent on June 28, 2011.
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`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.
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`14.
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`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
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`and 30, by making, using, offering for sale, selling, and/or importing components and systems
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`for alerting groups of recipients over a wireless network.
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`16.
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`GE has directly infringed and continues to infringe the ’959 Patent by practicing,
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`without limitation, the methods of claims 1 and 30 by deploying, testing, and operating a wide
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`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.
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`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.
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`18.
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`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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`number and/or network address.
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`20.
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`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
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`the endpoints, where
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`the wireless networks
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`include power
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`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.
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`During operation of the Grid IQ AMI System, GE processes endpoint addresses,
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`endpoint group addresses, outgoing communications, and incoming acknowledgment responses.
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`23.
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`Actions may be performed on one or more groups of Grid IQ AMI System
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`endpoints.
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`24.
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`GroupChatter has been damaged as a result of Defendant’s infringing conduct
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`described in Count 1. GE is liable to GroupChatter in an amount that adequately compensates it
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`for GE’s infringement, which, by law, can be no less than a reasonable royalty, together with
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`interest and costs as fixed by this Court under 35 U.S.C. § 284.
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`COUNT 2
`(INFRINGEMENT OF U.S. PATENT NO. 8,199,740)
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`GroupChatter incorporates paragraphs 1 through 22 herein by reference.
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`GroupChatter is the owner, by assignment, of U.S. Patent No. 8,199,740 (the
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`
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`25.
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`26.
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`“’740 Patent”),
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`titled
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`“METHOD AND APPARATUS FOR EFFICIENT AND
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`DETERMINISTIC GROUP ALERTING.”
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`27.
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`28.
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`A true and correct copy of the ’740 Patent is attached as Exhibit B.
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`As the owner of the ’740 Patent, GroupChatter holds all substantial rights in and
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`under the ’740 Patent, including the right to grant sublicenses, exclude others, and to enforce,
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`sue, and recover damages for past and future infringement.
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`Plaintiff’s Original Complaint and Jury Demand
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`Page 4
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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
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`Title 35 of the United States Code.
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`31.
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`GE is practicing one or more claims of the ’740 Patent, including at least claims 1
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`and 11, by making, using, offering for sale, selling, and/or importing components and systems
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`for alerting groups of recipients over a wireless network.
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`32.
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`GE has directly infringed and continues to infringe the ’740 Patent by practicing
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`one or more claims of the ’740 Patent, including at least claims 1 and 11, by deploying, testing,
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`and operating the Grid IQ AMI System and its subsystems that provide a deterministic group
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`messaging system through which GE alerts groups of recipient endpoints over a wireless
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`network.
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`33.
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`Grid IQ AMI System endpoints are capable of transmitting and receiving data
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`wirelessly.
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`34.
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`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
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`and related subsystems.
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`36.
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`The Grid IQ AMI System and related subsystems are a deterministic group
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`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
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`described in Count 2. GE is liable to GroupChatter in an amount that adequately compensates it
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`for their infringement, which amount, by law, can be no less than a reasonable royalty, together
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`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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`COUNT 3
`(INFRINGEMENT OF U.S. PATENT NO. 8,588,207)
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`GroupChatter incorporates paragraphs 1 through 35 herein by reference.
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`GroupChatter is the owner, by assignment, of U.S. Patent No. 8,588,207 (the
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`
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`38.
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`39.
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`“’207 Patent”),
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`titled
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`“METHOD AND APPARATUS FOR EFFICIENT AND
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`DETERMINISTIC GROUP ALERTING.”
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`40.
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`41.
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`A true and correct copy of the ’207 Patent is attached as Exhibit C.
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`As the owner of the ’207 Patent, GroupChatter holds all substantial rights in and
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`under the ’207 Patent, including the right to grant sublicenses, exclude others, and to enforce,
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`sue, and recover damages for past and future infringement.
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`42.
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`43.
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`The United States Patent Office granted the ’207 Patent on November 19, 2013.
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`The ’207 Patent is valid, enforceable and was duly issued in full compliance with
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`Title 35 of the United States Code.
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`44.
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`GE is practicing one or more claims of the ’207 Patent, including at least claims 1
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`and 8, by making, using, offering for sale, selling, and/or importing the Grid IQ AMI System and
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`its subsystems that provide a deterministic group messaging system through which GE alerts
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`groups of recipients over a wireless network.
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`45.
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`GE has directly infringed and continues to infringe the ’207 Patent by deploying,
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`testing, and operating the Grid IQ AMI System that provides acknowledged group messaging
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`with endpoints (e.g., utility meters) in the Grid IQ AMI System.
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`46.
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`GE processes endpoint and group identifiers, provides the endpoints with related
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`data, wirelessly transmits outgoing communications to the endpoints, and processes incoming
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`acknowledgments when it operates the Grid IQ AMI System and related subsystems.
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`47.
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`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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`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
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`described in Count 3. GE is liable to GroupChatter in an amount that adequately compensates it
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`for their infringement, which, by law, can be no less than a reasonable royalty, together with
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`interest and costs as fixed by this Court under 35 U.S.C. § 284.
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`COUNT 4
`(INFRINGEMENT OF U.S. PATENT NO. 9,014,659)
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`GroupChatter incorporates paragraphs 1 through 46 herein by reference.
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`GroupChatter is the owner, by assignment, of U.S. Patent No. 9,014,659 (the
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`
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`49.
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`50.
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`“’659 Patent”),
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`titled
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`“METHOD AND APPARATUS FOR EFFICIENT AND
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`DETERMINISTIC GROUP ALERTING.”
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`51.
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`52.
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`A true and correct copy of the ’659 Patent is attached as Exhibit D.
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`As the owner of the ’659 Patent, GroupChatter holds all substantial rights in and
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`under the ’659 Patent, including the right to grant sublicenses, exclude others, and to enforce,
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`sue, and recover damages for past and future infringement.
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`53.
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`54.
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`The United States Patent Office granted the ’659 Patent on April 21, 2015.
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`The ’659 Patent is valid, enforceable and was duly issued in full compliance with
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`Title 35 of the United States Code.
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`55.
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`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
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`groups of recipients over a wireless network.
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`56.
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`GE has directly infringed and continues to infringe the ’659 Patent by deploying,
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`testing, and operating the Grid IQ AMI System that provides acknowledged group messaging
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`Plaintiff’s Original Complaint and Jury Demand
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`with endpoints in the Grid IQ AMI System.
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`57.
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`58.
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`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.
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`The Grid IQ AMI System wirelessly transmits data to endpoints.
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`The Grid IQ AMI System processes incoming acknowledgments from endpoints
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`within a group.
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`62.
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`The Grid IQ AMI System and related subsystems monitor for responses from
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`endpoints to group message transmissions.
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`63.
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`The Grid IQ AMI System and related subsystems are a deterministic group
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`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
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`in Count 4. GE is liable to GroupChatter in an amount that adequately compensates it for their
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`infringement, which compensation, by law, can be no less than a reasonable royalty, together
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`with interest and costs as fixed by this Court under 35 U.S.C. § 284.
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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
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`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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`Evidence”).
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`66.
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`As used above, the phrase “electronically stored information” includes without
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`limitation: computer files (and file fragments), e-mail (both sent and received, whether internally
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`or externally), information concerning e-mail (including but not limited to logs of e-mail history
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`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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`Texas Bar No. 24046950
`Email: jtatum@taylordunham.com
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`Plaintiff’s Original Complaint and Jury Demand
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