Case 1:16-cv-00486-WSD Document 74 Filed 08/12/16 Page 1 of 40
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF GEORGIA
`ATLANTA DIVISION
`
`
`GROUPCHATTER, LLC,
`
`CIVIL ACTION FILE
`
`
`
`
` NO. 1:16-cv-00486-WSD
`
`[LEAD CASE]
`
`
`
`NO. 1:16-cv-00711-TCB
`
`
`
`NO. 1:16-cv-01800-WSD
`
`Plaintiff,
`
`
`
`
`
`
`v.
`
`GENERAL ELECTRIC COMPANY,
`GE ENERGY MANAGEMENT
`SERVICES, INC., and GE GRID
`SOLUTIONS, LLC,
`
`
`and
`
`LANDIS+GYR TECHNOLOGIES, LLC
`and LANDIS+GYR TECHNOLOGY, INC.,
`
`and
`
`ITRON, INC.
`
`
`Defendants.
`
`
`
`
`
`
`PLAINTIFF’S FIRST AMENDED COMPLAINT AND JURY DEMAND
`
`Plaintiff GroupChatter, LLC files this First Amended 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.
`
`
`
`
`
`General Electric Co. 1013 - Page 1
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF GEORGIA
`ATLANTA DIVISION
`
`
`GROUPCHATTER, LLC,
`
`CIVIL ACTION FILE
`
`
`
`
` NO. 1:16-cv-00486-WSD
`
`[LEAD CASE]
`
`
`
`NO. 1:16-cv-00711-TCB
`
`
`
`NO. 1:16-cv-01800-WSD
`
`Plaintiff,
`
`
`
`
`
`
`v.
`
`GENERAL ELECTRIC COMPANY,
`GE ENERGY MANAGEMENT
`SERVICES, INC., and GE GRID
`SOLUTIONS, LLC,
`
`
`and
`
`LANDIS+GYR TECHNOLOGIES, LLC
`and LANDIS+GYR TECHNOLOGY, INC.,
`
`and
`
`ITRON, INC.
`
`
`Defendants.
`
`
`
`
`
`
`PLAINTIFF’S FIRST AMENDED COMPLAINT AND JURY DEMAND
`
`Plaintiff GroupChatter, LLC files this First Amended 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.
`
`
`
`
`
`General Electric Co. 1013 - Page 1
`
`
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`Case 1:16-cv-00486-WSD Document 74 Filed 08/12/16 Page 2 of 40
`
`
`
`THE PARTIES
`
`1.
`
`Plaintiff GroupChatter, LLC (“GroupChatter”) is a Texas limited
`
`liability company with its headquarters and principal place of business at 1400
`
`Preston Road., Suite 475, Plano, Texas 75093.
`
`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 Company may be served through its registered agent CT
`
`Corporation, 1999 Bryan St., Ste. 900, Dallas, TX 75201-3136.
`
`3.
`
`Defendant GE Energy Management Services, Inc., is a Delaware
`
`corporation with its principal place of business at 4200 Wildwood Pkwy Bldg
`
`2018, Atlanta, GA 30339. GE Energy Management Services, Inc., may be served
`
`through its registered agent CT Corporation, 1999 Bryan St., Ste. 900, Dallas, TX
`
`75201-3136.
`
`4.
`
`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 Solutions, LLC may be served through its registered
`
`agent CT Corporation, 1999 Bryan St., Ste. 900, Dallas, TX 75201-3136.
`
`5.
`
`GE has appeared and answered.
`
`
`
`
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`PLAINTIFF’S FIRST AMENDED COMPLAINT AND JURY DEMAND
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`
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`JURISDICTION AND VENUE
`
`6.
`
`GroupChatter brings this action for patent infringement under the
`
`patent laws of the United States, namely 35 U.S.C. §§ 271, 281, and 284-285,
`
`among others. This Court has subject-matter jurisdiction pursuant to 28 U.S.C. §§
`
`1331, 1338(a), and 1367.
`
`7.
`
`Venue is proper in this judicial district pursuant to 28 U.S.C. §§
`
`1391(c) and 1400(b). Defendant does business in this judicial district, has
`
`committed acts of infringement in this judicial district, has purposely transacted
`
`business in this judicial district involving the accused products and/or, has regular
`
`and established places of business in this judicial district.
`
`8.
`
`Defendants are subject to this Court’s specific and general personal
`
`jurisdiction pursuant to due process and/or the Texas Long-Arm Statute, due at
`
`least to its substantial business in this State and judicial district, including: (A) at
`
`least part of its infringing activities alleged herein; and (B) regularly doing or
`
`soliciting business, engaging in other persistent conduct, and/or deriving
`
`substantial revenue from goods sold and services provided to Texas residents.
`
`GROUPCHATTER PATENTS
`
`GE infringes, directly and indirectly, the following patent claims: ’959
`
`9.
`
`Patent claims 1, 2, 3, 8, 10, 13, 14, 17, 18, 20, 21, 29, and 30; ’740 Patent claims 1,
`
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`2, 3, 4, 5, 10, 11, 12, 13, 14, 15, 20, and 21; ’207 Patent claims 1, 2, 3, 8, 9, and 11;
`
`and ’659 Patent claims 1, 2, 3, 4, 8, 10, 11, 12, 13, and 16 (the “GE Asserted
`
`Claims”).
`
`10. The GE Asserted Claims relate to methods, apparatuses, and systems
`
`for providing acknowledged, deterministic group messaging over a two-way
`
`wireless network. Broadly speaking, GroupChatter accuses GE of infringement
`
`based upon GE’s provision, management, operation, and deployment of wireless
`
`networks
`
`that perform deterministic group messaging, for example, by
`
`broadcasting wireless messages to a group of smart utility meters (e.g., electric
`
`meters), tracking responses (or lack of responses) from them, and providing up-to-
`
`the-minute status of the utility grid.
`
`11. The GE Asserted Claims describe a specific two-way communication
`
`system with a network architecture and addressing scheme providing a novel way
`
`to perform deterministic group messaging.
`
`12.
`
`“Deterministic” group messaging refers to one of the advantages
`
`delivered by the inventions. Using the claimed system offers the potential benefit
`
`of providing timely updates for endpoints within a group. In operation, endpoints
`
`(e.g., meters, pagers) send responses to group messages and thereby provide data
`
`from which to determine the status of each endpoint.
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`13. The inventors noted in the specification’s Background of the
`
`Invention section that in the realm of public safety communication networks, for
`
`example, a communication system comprised of endpoints capable of
`
`acknowledging group messages fails to provide the valuable advantage of
`
`deterministic communication because such a system provides no structure or
`
`capability to maintain status of each group member, leaving an administrator
`
`lacking important data about the status of the endpoint group.
`
`14. To solve this problem and other shortcomings of prior two-way
`
`wireless messaging networks, the inventors conceived a novel combination using a
`
`group addressing scheme for use on a wireless two-way network and described in
`
`the GroupChatter Patents how to build and deploy the network architecture to use
`
`it and achieve its benefits.
`
`15.
`
`In the GE Asserted Claims, grouped endpoints are identified by at
`
`least two addresses—a unique primary identifying address and at least one group
`
`address. In addition to the two-way, point-to-multipoint wireless architecture of
`
`the radio network, a client/server-based architecture is provided for communication
`
`between a network client and the two-way wireless network.
`
`16. Through the access provided via the client/server end of the
`
`communication network, a user is provided group information that may include
`
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`address information, status information pertaining to a message or command
`
`response, overall group detail and status, or even specific information about
`
`endpoints within a group.
`
`17.
`
`In operation, an exemplary embodying system stores for each
`
`recipient endpoint, a device-specific address, one or more group-specific
`
`addresses, and group membership data that identifies which recipients belong to
`
`specific groups. An endpoint may belong to multiple groups and thus may be
`
`associated with multiple group addresses.
`
`A group message, which is addressed to a group address and
`initiated via a network client, is wirelessly broadcast to endpoints
`located within the range of the wireless network infrastructure.
`Endpoints are configured to receive a broadcast group message
`based upon endpoint address information. An advantage of the
`claimed addressing system is demonstrated in operation of the
`claimed invention by reference to and communication with selected
`endpoints and groups of endpoints using identifying addresses (the
`primary and group addressing scheme discussed above) rather
`than alternative methods requiring extensive additional network
`infrastructure or tuning in order to effectively locate, communicate,
`and track the endpoints across the network area.
`
`FIG. 1 of the ‘959 Patent (reproduced below) depicts in general terms a network
`
`that embodies one or more claims:
`
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`
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`18. As shown, exemplary structural elements for an embodied system
`
`include: (1) a network client 20; (2) a network switch or server 12 coupled to a
`
`receiver database 18; (3) a wireless network 14; and (4) a plurality of mobile
`
`receivers 16 (e.g., pagers, meters, etc.).
`
`19. As background, the inventors conceived the subject matter of the
`
`patents-in-suit in part to address issues in communication networks of the day. For
`
`example, some radios and associated wireless networks used by emergency
`
`responders were unable to handle the heavy network traffic that circumstances
`
`unfortunately required. The “Background of the Invention” section of the
`
`specification states:
`
`“during the events of Sep. 11, 2001, radio channels became
`oversaturated, and interoperability problems among jurisdictions
`and agencies persisted throughout the entire response process.
`Otherwise compatible portable radios were preprogrammed in a
`manner that precluded interoperability. Cellular telephone systems
`and even the public switched telephone network (PSTN) became
`congested and unusable.”
`
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`20. During the September 11 tragedy, older pager systems proved more
`
`reliable than cell phone networks. But while pager-based systems had the potential
`
`to be relatively robust in emergency circumstances, such systems of the time were
`
`unable to efficiently process group messages (i.e., messages to groups of
`
`recipients) and track the individual responses to know which members of the group
`
`had responded. The Background of the Invention states:
`
`“none of these systems provide a network interface sufficient to
`support acknowledged group messaging. Requiring that the
`message originator
`individually alert each recipient adds
`considerable setup delay when alerting large groups.”
`
`21. Accordingly, the inventors conceived the invention(s) to address these
`
`problems. The result was a novel system that efficiently used limited bandwidth
`
`and network resources to effectively communicate with selected endpoints groups
`
`whose membership may be dynamically created and adjusted.
`
`22.
`
`In order to achieve their objectives, the inventors derived a novel
`
`addressing scheme and new ways of sending acknowledgements to group
`
`messages on a wireless network. As noted in the Specification, at the time of the
`
`inventions existing two-way wireless messaging protocols (e.g., the ReFLEX
`
`protocol) did not permit acknowledgements sent to groups of endpoints, for
`
`example:
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`“ReFLEX™ supports personal and information service (IS)
`messages. Personal messages involve a single recipient, and
`ReFLEX™ enables the receiving pager to acknowledge reception,
`notify that the user has read the message, and relay multiple-choice
`responses from the user. IS messages involve an arbitrary group of
`recipients sharing common group addresses called IS addresses.
`ReFLEX pagers can be configured with one personal address and
`multiple IS addresses. IS messages are strictly one-way and
`ReFLEX™ does not support any response or acknowledgement
`from the recipient group. The present invention, however, adds
`message acknowledgement, message read notification, and
`multiple-choice response capability to IS messages, creating an
`infrastructure
`for reliable multicast messaging within
`the
`ReFLEX™ protocol. As described further below, the present
`invention implements two significant changes to conventional 2-
`way paging. First, it defines a new ALOHA command (‘Multicast
`ACK Command’) used by a pager to reply to an IS message.
`Second, it defines a flag to select which devices are allowed to use
`this feature.”
`
`23. Again, the GE Asserted Claims relate to, among other things, a
`
`specific network architecture that includes: wireless network (e.g., a cellular
`
`network) infrastructure (e.g., base stations, backhaul, transmitters, receivers,
`
`antennae, and central switch), multiple transceivers (e.g., utility meters equipped
`
`with two-way wireless communication modules for communicating on the wireless
`
`network), and at least one network client (e.g., a computer running network access
`
`software) that can communicate with a network element in the server role (e.g., the
`
`network server/controller or switch).
`
`24.
`
`In addition to and across this network infrastructure and architecture,
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`the GE Asserted Claims further relate to a particular addressing scheme conceived
`
`to provide network efficiency by allowing wireless messages (e.g., commands,
`
`requests, updates) to be readily sent to several endpoints using a group address.
`
`25. The subject matter of the system and method claims asserted against
`
`GE are tied to the structural deployment described above as claimed in the
`
`GroupChatter Patents.
`
`26.
`
`In operation,
`
`the GE Asserted Claims set
`
`forth additional
`
`requirements. A message originator, who may lack knowledge of specific details
`
`regarding a particular endpoint group, is provided group information via a network
`
`client. Such information may include membership information for each group, the
`
`number of recipient endpoints having a selected group address, or identifying
`
`addresses of recipient endpoints within a group and sharing a selected group
`
`address.
`
`27. The claims recite a specific method for providing this information.
`
`The GE Asserted Claims describe and recite the source of group and recipient
`
`endpoint information, how and when it is transmitted to a network client, and how
`
`it may be displayed and updated at the network client.
`
`28.
`
`In an example scenario where an incident commander is seeking
`
`assistance over a pager network, a notification feature can provide the commander
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`(i.e., the message originator) details about the number, identities, and statuses of
`
`group members. Using the invention for this feature, the commander is able to
`
`determine based upon the group messaging system information, a status of group
`
`members. Without this feature, an incident commander may have insufficient
`
`context to know whether enough personnel were being summoned, or whether key
`
`individuals had been mobilized.
`
`29.
`
`In the GE Accused System, similar scenarios present ways in which
`
`GE and GE’s customers leverage the advantages of the claimed subject matter.
`
`Up-to-the-minute status information for endpoint groups is important in an GE
`
`Accused System, in order to allow the customer utility visibility into current usage
`
`that enables it to control equipment and allocate scarce utility resources based upon
`
`near real-time needs.
`
`30. By using
`
`the claimed addressing scheme described
`
`in
`
`the
`
`GroupChatter Patents, GE and other infringers are able to communicate to ad hoc
`
`or dynamically organized groups of endpoints for reads and pings to assess the
`
`utility grid and pinpoint outages.
`
`31. Additional meaningful claim elements in the GE Asserted Claims
`
`include: (1) providing membership information to the message originator (e.g.,
`
`“transmitting a communication to the network client…”); and (2) keeping the
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`message originator updated regarding which endpoints have acknowledged receipt
`
`of the group message (e.g., “…providing the acknowledgment responses to the
`
`network client”). In previous systems, referring again to the incident commander’s
`
`scenario for example, after a volunteer group was alerted by pager, the incident
`
`commander would not know who was going to respond until personnel began to
`
`arrive on scene. In contrast, with the claimed “deterministic” group messaging
`
`systems, incident commanders (or utility network engineers or operators) are
`
`updated in response to the group messages dispatched. Responses are linked to
`
`endpoint recipients within the group context, an advantage and novel advancement
`
`achieved by the inventive addressing scheme. In this way, the inventive systems
`
`and methods provide a valuable concrete result: deterministic status information
`
`provided to a network client for groups of endpoint recipients across a two-way
`
`wireless communication network.
`
`32. Accordingly, the GE Asserted Claims are directed to a specific two-
`
`way wireless architecture appended with a client/server modeled network client
`
`and employing a particular addressing scheme for identifying with and selectively
`
`communicating with endpoint recipients across the network. The Asserted GE
`
`Claims are not directed to an abstract idea.
`
`33. Acknowledged group messaging may be performed in ways and
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`across architectures that differ from the claimed subject matter. While the
`
`advantages of the inventions likely will not be achieved, two-way messaging with
`
`selective groups of endpoints may be performed using other methods such as
`
`frequency division across the geographical region or focused transmission,
`
`encryption, or having multiple radios in the network infrastructure.
`
`34. The GE Asserted Claims provide structure and limit the invention to
`
`particular and novel ways of deterministically messaging selective groups of
`
`recipients on a two-way wireless communication network. These structural
`
`limitations describing architecture, integrated computer-based operations necessary
`
`to practice the patent claims (e.g., database tables, communication at network
`
`client with server/switch), wireless network protocol capable of communicating
`
`address information in multicast/broadcast signals, and endpoints that can receive
`
`and interpret those signals provide meaningful structural limitations that one of
`
`skill in the art would recognize as distinctions between network types.
`
`35. The operations, function, and results of the subject matter of the GE
`
`Accused Products cannot be carried out and achieved by a human or generic
`
`computer.
`
`36. The operations, function, and results of the claimed subject matter
`
`recited in the GE Accused Products cannot be carried out and achieved using a
`
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`generic two-way wireless radio network.
`
`37. Generic computer networks or wireless two-way radio networks do
`
`not perform “group communication and response tracking” as that general concept
`
`is claimed in the GE Asserted Claims.
`
`38. The GE Asserted Claims require specific hardware, endpoint
`
`addresses, data flow, operations, network architecture, and deployment in order to
`
`perform the “group communication and response tracking” as that function is
`
`claimed.
`
`39. Some of the major advantages of the claimed systems and advances
`
`over the prior art are discussed in the specification (minimizing network latency,
`
`tracking endpoints and their relationships with groups, effectively communicating
`
`with multiple endpoints in groups, tracking delivery across a network by group,
`
`and conserving bandwidth). One skilled in the art at the time of the inventions
`
`would further recognize additional advantages including efficient use of bandwidth
`
`through use of group messaging and addressing as taught in the GroupChatter
`
`Patents, minimizing load on the wireless network, collision avoidance, centralized
`
`administration of endpoints and groups coupled with thinned network clients,
`
`simplified endpoints that do not require sophisticated radio equipment to
`
`communicate with multiple subnets on the wireless network.
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`40. By
`
`the novel combination of
`
`its
`
`two-way wireless network
`
`architecture, client/server interface network, group addressing scheme, and
`
`deterministic messaging functionality, the GroupChatter Patents present a specific,
`
`inventive solution to the problem the inventors recognized with messaging
`
`networks at the time of their invention.
`
`41.
`
`In addition to the above-discussed alternatives to the invention, for
`
`providing deterministic messaging, maintaining status of endpoint recipients may
`
`potentially be achieved exclusively by periodic, one-way transmissions from
`
`endpoint recipients to the wireless network head end system. Such a hypothetical
`
`system may flood the communication channel(s) with endpoint and the access
`
`point transmissions. Staggering such transmissions to reduce collisions would
`
`result in long busy periods on the network and high congestion. Such a system
`
`would burden the endpoints, network infrastructure, and may not provide the
`
`demand response capabilities GE values and the claimed subject matter delivers.
`
`And rather than adopt such hypothetical systems for its AMI Grid IQ AMI system,
`
`GE adopted the more robust feature set achieved by utilizing the architecture, data
`
`flow, components, and functionality described in the GE Asserted Claims.
`
`THE GE GRID IQ AMI SYSTEM
`
`42. Defendants’ Grid IQ is an Advanced Metering Infrastructure (AMI)
`
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`system that is used to measure, collect and analyze energy usage and interact with
`
`advanced devices such as electricity meters, gas meters, heat meters, and water
`
`meters, through various communication media either on request (on-demand) or on
`
`pre-defined schedules.
`
`43. Grid IQ infrastructure includes hardware, software, communications,
`
`consumer energy displays and controllers, customer associated systems, Meter
`
`Data Management (MDM) software, supplier and network distribution business
`
`systems, etc.
`
`44. Grid IQ is a point to multipoint solution that provides wireless two-
`
`way communication to a utility’s metering assets.
`
`45. Grid IQ also can monitor multiple distribution-sensing applications,
`
`such as smart meters, transformers, fault circuit indicators and other grid assets,
`
`under one unified network, accelerating the utility return on investment.
`
`46. By gathering data from all of these devices using Grid IQ and the
`
`claimed subject matter of the asserted patents, a utility can use its back-end
`
`applications to monitor and analyze the data to improve grid reliability and outage
`
`prevention, while reducing costs associated with installing additional infrastructure
`
`and performing routine maintenance on networks for multiple, different
`
`applications.
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`47. Grid IQ is an end-to-end system capable of communicating to a group
`
`of devices.
`
`
`
`48. Aspects of the Grid IQ AMI system are detailed below and should be
`
`understood to apply to all of the asserted patents as if included in each count.
`
`COUNT I
`(INFRINGEMENT OF U.S. PATENT NO. 7,969,959)
`
`
`
`49. GroupChatter incorporates paragraphs 1 through 51 herein by
`
`reference.
`
`50. GroupChatter is the owner, by assignment, of U.S. Patent No.
`
`7,969,959 (the “’959 Patent”), titled “METHOD AND APPARATUS FOR
`
`PLAINTIFF’S FIRST AMENDED COMPLAINT AND JURY DEMAND
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`Page 17
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`General Electric Co. 1013 - Page 17
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`
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`Case 1:16-cv-00486-WSD Document 74 Filed 08/12/16 Page 18 of 40
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`EFFICIENT AND DETERMINISTIC GROUP ALERTING.”
`
`51. A true and correct copy of the ’959 Patent is attached as Exhibit A.
`
`52. As the owner of the ’959 Patent, GroupChatter holds all substantial
`
`rights in and under the ’959 Patent, including the right to grant sublicenses,
`
`exclude others, and to enforce, sue, and recover damages for past and future
`
`infringement.
`
`53. The United States Patent Office granted the ’959 Patent on June 28,
`
`2011.
`
`54. The ’959 Patent is valid, enforceable and was duly issued in full
`
`compliance with Title 35 of the United States Code.
`
`55. Defendant has no consent or authorization to practice the ’959 Patent.
`
`56. GE provides hardware, firmware, software, and other items purchased
`
`or licensed from GE. Hardware includes for example, collectors, transmitters, and
`
`endpoints. Accused instrumentalities include GE Grid IQ AMI systems, Grid
`
`Solutions, Grid IQ AMI P2MP Solution, GE’s MDS wireless product portfolio,
`
`MDS PulseNET, GE Grid IQ Connect SaaS, Grid IQ Connect, GE Wireless AMI,
`
`Grid
`
`IQ Network Communications Platform, RF Mesh, Smart Grid
`
`Communications Solutions, Communications Infrastructure for Grid Applications,
`
`MDS Orbit Platform, SMOS Smart Metering Operations Suite, GE Digital Energy
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`PLAINTIFF’S FIRST AMENDED COMPLAINT AND JURY DEMAND
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`Page 18
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`General Electric Co. 1013 - Page 18
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`
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`Case 1:16-cv-00486-WSD Document 74 Filed 08/12/16 Page 19 of 40
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`Grid IQ Solution, GE DRMS and related or analogous systems (collectively
`
`referred to herein as Grid IQ, GE Grid IQ AMI, GE System(s) or similar terms).
`
`Accused Instrumentalities further include storage (e.g., servers, databases, etc.,),
`
`programs (e.g., applications, etc.), hardware (e.g.,
`
`transmitters, repeaters,
`
`collectors, communication modules, endpoints) referred to herein (by way of
`
`example) that relate to the patent claims as outlined herein to provide customers
`
`with AMI products, services, and solutions. Accused Instrumentalities for the four
`
`asserted patents include GE Grid IQ AMI systems and related subsystems (e.g.,
`
`Grid Solutions).
`
`57. Accused Instrumentalities for each asserted patent include GE’s Smart
`
`Metering System that employ meter with two-way communication capability to
`
`collect and transmit meter data to support various applications and distribution
`
`automation. Generally, GE refers to these systems as Grid IQ.
`
`58. The Accused Instrumentalities
`
`include components, associated
`
`systems, and subsystems identified by name and functionality detailed in
`
`GroupChatter’s infringement claim charts and any other GE messaging system
`
`having the same relevant functionality and components identified by Plaintiff in its
`
`infringement contentions. These include: Grid IQ AMI System with subsystems
`
`and components including RF Mesh components, Smart Metering Operations
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`PLAINTIFF’S FIRST AMENDED COMPLAINT AND JURY DEMAND
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`Page 19
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`General Electric Co. 1013 - Page 19
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`
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`Case 1:16-cv-00486-WSD Document 74 Filed 08/12/16 Page 20 of 40
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`Suite, Grid IQ Connect, Grid IQ Network Communications Platform, access
`
`points, subscriber units, and endpoints.
`
`59. GE offers Grid IQ Solutions as a Service. This offering utilizes GE-
`
`owned Smart Grid software and hardware technologies and strategic partnerships
`
`to provide meters and metering services, AMI meter data management, pre-
`
`payment Outage Management (OMS), Interactive Voice Response (IVR) and
`
`Geospatial Informaiton System (GIX) as pre-integrated standard packages.
`
`Accused Instrumentalities include AMI integrations by GE and Landis+Gyr
`
`Technologies, LLC and Landis+Gyr Technology, Inc. (“Landis+Gyr”) as shown
`
`below:
`
`60. Landis+Gyr and GE strive for compatibility among subsystems and
`
`accordingly Accused Instrumentalities include hardware jointly provided by
`
`
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`PLAINTIFF’S FIRST AMENDED COMPLAINT AND JURY DEMAND
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`Page 20
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`General Electric Co. 1013 - Page 20
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`
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`Case 1:16-cv-00486-WSD Document 74 Filed 08/12/16 Page 21 of 40
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`Landis+Gyr and GE. GroupChatter asserts direct and indirect infringement against
`
`GE based on AMI deployments that use components provided by combinations of
`
`these three defendants.
`
`61. GE is practicing one or more claims of the ’959 Patent, including at
`
`least claims 1, 2, 3, 8, 10, 13, 14, 17, 18, 20, 21, 22, 29 and 30, by making, using,
`
`offering for sale, selling, and/or importing components and systems for alerting
`
`groups of recipients over a wireless network.
`
`62. GE has directly infringed and continues to infringe the ’959 Patent by
`
`practicing, without limitation, the methods of claims 1, 2, 3, 8, 10, 13, 14, 17, 18,
`
`20, 21, 22, 29 and 30 by deploying, testing, and operating a wide area Advanced
`
`Metering Infrastructure (AMI) network that enables remote configuration,
`
`operation, and monitoring of utility meters in the Grid IQ AMI System.
`
`63. GE indirectly infringes the asserted claims of the ’959 Patent by
`
`contributing to the infringement of others by knowingly providing component parts
`
`of the Grid IQ AMI System (e.g., hardware and software) to customers such as
`
`utility companies that make and use embodied systems with the component parts.
`
`64. The Grid IQ AMI System components provided by GE are special-
`
`purpose components with specific features for deterministic group communication
`
`as recited in the asserted claims. These components with deterministic group
`
`PLAINTIFF’S FIRST AMENDED COMPLAINT AND JURY DEMAND
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`Page 21
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`General Electric Co. 1013 - Page 21
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`
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`Case 1:16-cv-00486-WSD Document 74 Filed 08/12/16 Page 22 of 40
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`communication features are not a staple article or commodity of commerce suitable
`
`for substantial non-infringing use.
`
`65. Hardware and software in the GE Grid IQ AMI Systems for
`
`performing deterministic group communication is dedicated to that function and
`
`has no other use of any significance.
`
`66. Group managers on endpoints store group membership data and
`
`analyze inbound group messages targeting a particular group of meters. If the
`
`meter belongs to the target group, it executes the direct load control function and
`
`acknowledges the group message. The group manager has no substantial non-
`
`infringing use.
`
`67. At the head end system, a Grid IQ data aggregator implements group
`
`management of meter endpoints.
`
`68. Once groupings are implemented, the Grid IQ data aggregator can
`
`implement data transmission directives (e.g., public pricing messages), data
`
`collection directives (e.g., daily use data), or other directives from the head end
`
`system as a broadcast or multicast signals that address a group of utility meters.
`
`69. The Grid IQ data aggregator’s group messaging components at the
`
`head end system have no substantial non-infringing use. They are designed and
`
`used to perform deterministic group messaging as recited in the asserted claims.
`
`PLAINTIFF’S FIRST AMENDED COMPLAINT AND JURY DEMAND
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`Page 22
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`General Electric Co. 1013 - Page 22
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`
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`Case 1:16-cv-00486-WSD Document 74 Filed 08/12/16 Page 23 of 40
`
`70. GE knowingly induces others, namely GE’s customers such as gas,
`
`water, and electric utilities, to infringe the asserted claims by encouraging, aiding,
`
`and abetting the use, deployment, assembly, installation, and operation of the
`
`accused Grid IQ AMI System and components.
`
`71. GE has been aware of the GroupChatter Patents and how the Grid IQ
`
`AMI system infringes the asserted claims at least since the filing of this suit and
`
`has had specific knowledge of its infringing conduct. Despite having such
`
`knowledge, GE continues to sell infringing Grid IQ
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