`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TYLER DIVISION
`
`
`
`
`
`
`MACROPOINT, LLC
`
`
`Plaintiff
`
`v.
`
`
`
`RUIZ FOOD PRODUCTS, INC.
`
`
`Defendant.
`
`
`
`Civil Action No.:
`
`
`
`JURY TRIAL DEMANDED
`
`
`
`
`
`
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`In this action for patent infringement, MacroPoint, LLC (“MacroPoint”), makes the
`
`following allegations against Ruiz Food Products, Inc. (“Ruiz”).
`
`BACKGROUND
`
`1.
`
`MacroPoint is the exclusive owner of all right, title, and interest to United States
`
`Letters Patent No. 9,429,659 B1, entitled, “Machine or Group of Machines for Monitoring
`
`Location of a Vehicle or Freight Carried by a Vehicle” (the “‘659 Patent”) and United States
`
`Letters Patent No. 8,275,358 B1, entitled, “Providing Notice and Receiving Consent to Obtain
`
`Location Information of a Mobile Device” (the “‘358 Patent”).
`
`2.
`
`MacroPoint designs, develops, markets and sells software products and services
`
`that facilitate location tracking and management of freight in transit.
`
`3.
`
`MacroPoint seeks monetary damages for Ruiz’s infringement and a permanent
`
`injunction prohibiting Ruiz from continuing to infringe the patents.
`
`
`
`
`
`
`
`1
`
`Ruiz Food Products, Inc.
`Exhibit 1014
`
`

`

`PARTIES
`
`4.
`
`MacroPoint is a limited liability company organized and existing under the laws
`
`of the State of Ohio, with a principal place of business at 6050 Oak Tree Boulevard, Suite 150,
`
`Cleveland, OH 44131. MacroPoint is a software and application developer that provides
`
`logistics-related solutions for operations such as location tracking, mobile communication, order
`
`updates, work activity updates, on-board diagnostic reporting, and text messaging.
`
`5.
`
`Ruiz is a California corporation with a principal place of business in this judicial
`
`district at 2410 Texoma Drive, Denison, Texas 75020. Ruiz is a manufacturer and distributor of
`
`frozen foods. As a regular and substantial part of its day-to-day business operations, employees,
`
`agents, or contractors of Ruiz operate trucks or other vehicles to deliver freight that includes
`
`Ruiz’s products to various distributors or retailers. Ruiz uses machines or groups of machines to
`
`monitor location of vehicles carrying freight of Ruiz or location of freight or location of both
`
`vehicles and freight as part of its day-to-day business operations.
`
`
`
`JURISDICTION AND VENUE
`
`6.
`
`This Court has subject matter jurisdiction over this case pursuant to 28 U.S.C. §§
`
`1331 and 1338(a) because MacroPoint’s action arises under the patent laws of the United States,
`
`35 U.S.C. § 1, et seq. (the “Patent Act”), including § 271.
`
`7.
`
`This Court has personal jurisdiction over Ruiz because, among other reasons,
`
`Ruiz has a substantial physical presence in this judicial district, regularly solicits and transacts
`
`business in this judicial district, engages in a persistent course of conducting business in this
`
`judicial district, derives substantial revenue from goods and services sold in this judicial district,
`
`and has committed and continues to commit acts of patent infringement in this judicial district.
`
`
`
`2
`
`Ruiz Food Products, Inc.
`Exhibit 1014
`
`

`

`8.
`
`Venue is proper in this judicial district under 28 U.S.C. §§ 1391 and 1400
`
`because, among other reasons, Ruiz is subject to personal jurisdiction in this judicial district and
`
`has committed and continues to commit acts of patent infringement in this District.
`
`
`
`COUNT I
`
`Infringement of the ‘659 Patent
`
`9.
`
`MacroPoint incorporates by reference the allegations in the foregoing paragraphs
`
`of this Complaint as though fully set forth herein.
`
`10.
`
`On August 30, 2016, the United States Patent and Trademark Office duly and
`
`validly issued the ‘659 Patent for inventions covering technology that includes a machine or
`
`group of machines for monitoring location of at least one of a vehicle or freight carried by the
`
`vehicle. The examiner of the application that matured into the ‘659 Patent found that the
`
`inventions claimed in the ‘659 Patent were novel, non-obvious, useful, properly claimed, eligible
`
`to be patented, and met all the requirements of the Patent Act, including sections 101, 102, 103,
`
`and 112. The patent examiner made such findings over a pre-issuance protest initiated by one of
`
`MacroPoint’s competitors.
`
`11.
`
`Ruiz infringes at least claims 23, 24, 25, 27, 28, 29, and 30 of the ‘659 Patent. An
`
`accurate and correct copy of the ‘659 Patent is attached to this Complaint as Exhibit A and
`
`incorporated by reference.
`
`12.
`
`The patented machine or group of machines comprises a server that includes a
`
`central processing unit, a memory, a clock, and a server communication transceiver.
`
`
`
`3
`
`Ruiz Food Products, Inc.
`Exhibit 1014
`
`

`

`13.
`
`The server communication transceiver receives location information of a mobile
`
`device that includes a global positioning system (“GPS”) receiver, a microprocessor, and a
`
`wireless communication transceiver coupled to the GPS receiver.
`
`14.
`
`The mobile device is programmed to receive data sent by a plurality of GPS
`
`satellites, calculate location information of the mobile device that includes the GPS receiver, and
`
`transmit the location information.
`
`15.
`
`The central processing unit of the server is programmed to receive a request for
`
`information regarding the location of the vehicle or the freight carried by the vehicle, request location
`
`information of the vehicle or the freight carried by the vehicle from a location information provider;
`
`receive an indication that consent to transmission of location information has been given; receive
`
`location information of the vehicle or the freight carried by the vehicle from the location information
`
`provider; estimate the location of the vehicle or the freight carried by the vehicle from the location
`
`information received from the location information provider; and communicate the location of the
`
`vehicle or the freight carried by the vehicle.
`
`16.
`
`In one variation of the patented machine or group of machines, the location of the
`
`vehicle or the freight carried is estimated based on a vehicle reference number or a freight
`
`reference number associated with the mobile device that includes the GPS receiver.
`
`17.
`
`In another variation of the patented machine or group of machines, the location
`
`information provider corresponds to a device associated with at least one of a wireless service
`
`provider providing wireless service to the mobile device comprising the GPS receiver, a third
`
`party that obtains the location information of the mobile device comprising the GPS receiver
`
`from the wireless service provider providing wireless service to the mobile device comprising
`
`the GPS receiver, and a party that has access to the location information of the mobile device
`
`
`
`4
`
`Ruiz Food Products, Inc.
`Exhibit 1014
`
`

`

`comprising the GPS receiver but is other than the wireless service provider or the third party that
`
`obtains the location information of the mobile device comprising the GPS receiver from the
`
`wireless service provider.
`
`18.
`
`In yet another variation of the patented machine or group of machines, the central
`
`processing unit is programmed to communicate the location of the vehicle or the freight carried
`
`by the vehicle to one or more of a freight service provider, a party to whom the freight service
`
`provider provides freight services, and a party that provides location information services to the
`
`freight service provider or to the party to whom the freight service provider provides freight
`
`services.
`
`19.
`
`In still another variation of the patented machine or group of machines, the central
`
`processing unit receiving from the location information provider location information of the
`
`mobile device comprising the GPS receiver is the indication that consent to transmission of
`
`location information of the mobile device comprising the GPS receiver has been given.
`
`20.
`
`In a further variation of the patented machine or group of machines, the location
`
`information of the mobile device comprising the GPS receiver is originally obtained using a
`
`method including a technique utilizing the GPS receiver that forms part of the mobile device
`
`comprising the GPS receiver.
`
`21.
`
`In a still further variation of the patented machine or group of machines that is an
`
`addition to or an alternative to the variation described in paragraph 20 above, the location
`
`information of the mobile device comprising the GPS receiver is originally obtained using a
`
`method including a technique other than a technique utilizing the GPS receiver that forms part of
`
`the mobile device comprising the GPS receiver.
`
`
`
`5
`
`Ruiz Food Products, Inc.
`Exhibit 1014
`
`

`

`22.
`
`Ruiz has been and is now directly infringing claim 23 of the ‘659 Patent, in this
`
`judicial district and elsewhere in the United States, by, among other things, using the machine or
`
`group of machines described in paragraphs 12 – 15 above, to monitor location of at least one
`
`vehicle carrying freight of Ruiz, freight of Ruiz carried by the vehicle, or both the vehicle and
`
`freight carried by the vehicle.
`
`23.
`
`At least one operator of a vehicle carrying freight of Ruiz carries a mobile device,
`
`such as a cellular telephone or tablet computer, during operation of such vehicle. That mobile
`
`device includes a GPS receiver, a microprocessor, and a wireless communication transceiver
`
`coupled to the GPS receiver. The GPS receiver of that mobile device is programmed to receive
`
`data sent by a plurality of GPS satellites, calculate location information of the mobile device
`
`comprising the GPS receiver and transmit the location information.
`
`24.
`
`Ruiz uses the machine or group of machines described in paragraphs 12 – 15
`
`above to receive a request for information regarding the location of a vehicle carrying freight of
`
`Ruiz or freight carried by the vehicle, request location information of a vehicle carrying freight
`
`of Ruiz or freight carried by the vehicle from a location information provider such as an
`
`aggregator or cellular network provider or location information provider, receive an indication
`
`that consent to transmission of location information has been given by the operator, receive
`
`location information of a vehicle carrying freight of Ruiz or freight carried by the vehicle from
`
`the location information provider, estimate the location of a vehicle carrying freight of Ruiz or
`
`the freight carried by the vehicle from the location information received from the location
`
`information provider, and communicate the location of a vehicle carrying freight of Ruiz or the
`
`freight carried by the vehicle.
`
`
`
`6
`
`Ruiz Food Products, Inc.
`Exhibit 1014
`
`

`

`25.
`
`Additionally, Ruiz has been and is now directly infringing claim 24 of the ‘659
`
`Patent, in this judicial district and elsewhere in the United States, by, among other things, using
`
`the machine or group of machines described in paragraphs 12 – 16 in the manner described in
`
`paragraph 24 to estimate the location of a vehicle carrying freight of Ruiz or freight carried by
`
`the vehicle based on a vehicle reference number or freight reference number associated with the
`
`mobile device carried by the operator of the vehicle carrying freight of Ruiz.
`
`26.
`
`Ruiz has been and is now directly infringing claim 25 of the ‘659 Patent, in this
`
`judicial district and elsewhere in the United States, by, among other things, using the machine or
`
`group of machines described in paragraphs 12 – 15 and 17 above in the manner described in
`
`paragraph 24 above in connection with a location information provider that corresponds to either
`
`a wireless service provider providing wireless service to the mobile device comprising the GPS
`
`receiver carried by the operator of a vehicle carrying freight of Ruiz, a third party that obtains the
`
`location information of the mobile device comprising the GPS receiver from the wireless service
`
`provider providing wireless service to the mobile device comprising the GPS receiver carried by
`
`the operator of a vehicle carrying freight of Ruiz, or a party that has access to the location
`
`information of the mobile device comprising the GPS receiver carried by the operator of the
`
`vehicle carrying freight of Ruiz, but is other than the wireless service provider or the third party
`
`that obtains the location information of the mobile device comprising the GPS receiver from the
`
`wireless service provider.
`
`27.
`
`Ruiz has been and is now directly infringing claim 27 of the ‘659 Patent, in this
`
`judicial district and elsewhere in the United States, by, among other things, using the machine or
`
`group of machines described in paragraphs 12 – 15 and 18 above in the manner described in
`
`paragraph 24 above to communicate the location of a vehicle carrying freight of Ruiz or the
`
`
`
`7
`
`Ruiz Food Products, Inc.
`Exhibit 1014
`
`

`

`freight carried by the vehicle to one or more of a freight service provider, a party to whom the
`
`freight service provider provides freight services, or a party that provides location information
`
`services to the freight service provider or to the party to whom the freight service provider
`
`provides freight services.
`
`28.
`
`Ruiz has been and is now directly infringing claim 28 of the ‘659 Patent, in this
`
`judicial district and elsewhere in the United States, by, among other things, using the machine or
`
`group of machines described in paragraphs 12 – 15 and 19 above in the manner described in
`
`paragraph 24 above and in which receiving, from the location information provider, location
`
`information of the mobile device comprising the GPS receiver carried by the operator of a
`
`vehicle carrying freight of Ruiz is the indication that consent to transmission of location
`
`information of the mobile device comprising the GPS receiver has been given.
`
`29.
`
`Ruiz has been and is now directly infringing claim 29 of the ‘659 Patent, in this
`
`judicial district and elsewhere in the United States, by, among other things, using the machine or
`
`group of machines described in paragraphs 12 – 15 and 20 above in the manner described in
`
`paragraph 24 above and in which the location information of the mobile device comprising the
`
`GPS receiver carried by the operator of a vehicle carrying freight of Ruiz is originally obtained
`
`using a method including a technique utilizing the GPS receiver that forms part of the mobile
`
`device comprising the GPS receiver.
`
`30.
`
`Ruiz has been and is now directly infringing claim 30 of the ‘659 Patent, in this
`
`judicial district and elsewhere in the United States, by, among other things, using the machine or
`
`group of machines described in paragraphs 12 – 15 and 21 above in the manner described in
`
`paragraph 24 above in which the location information of the mobile device comprising the GPS
`
`receiver carried by the operator of a vehicle carrying freight of Ruiz is originally obtained using
`
`
`
`8
`
`Ruiz Food Products, Inc.
`Exhibit 1014
`
`

`

`a method including a technique other than a technique utilizing the GPS receiver that forms part
`
`of the mobile device comprising the GPS receiver.
`
`31.
`
`32.
`
`Ruiz has committed these acts of infringement without license or authorization.
`
`By engaging in the conduct described herein, Ruiz has injured MacroPoint and is
`
`thus liable for direct infringement of the ‘659 Patent under 35 U.S.C. § 271.
`
`33.
`
`As a result of Ruiz’s infringement of the ‘659 Patent, MacroPoint has been
`
`damaged and is entitled to a money judgment in an amount adequate to compensate for Ruiz’s
`
`infringement, but in no even less than a reasonable royalty for the use made of the invention by
`
`Ruiz, together with interest and costs as fixed by the Court.
`
`34. MacroPoint has suffered and will continue to suffer severe and irreparable harm
`
`unless this Court issues a permanent injunction prohibiting Ruiz, its agents servants, employees,
`
`representatives, and all others acting in active concert with Ruiz from infringing the ‘659 Patent.
`
`
`
`COUNT II
`
`Infringement of the ‘358 Patent
`
`35. MacroPoint incorporates by reference the allegations set forth in the foregoing
`
`paragraphs of this Complaint as though fully set forth herein.
`
`36.
`
`On September 25, 2012, the United States Patent and Trademark Office duly and
`
`validly issued the ‘358 Patent for inventions covering technology that includes a computer
`
`implemented method for receiving consent from a user of a mobile device to obtain location of
`
`the mobile device and a system for receiving consent from a user of a mobile device. The
`
`examiner of the application that matured into the ‘358 Patent found that the inventions claimed
`
`
`
`9
`
`Ruiz Food Products, Inc.
`Exhibit 1014
`
`

`

`in the ‘358 Patent were novel, non-obvious, useful, properly claimed, eligible to be patented, and
`
`met all the requirements of the Patent Act, including sections 101, 102, 103, and 112.
`
`37.
`
`Ruiz infringes at least claims 1, 4, 19, and 22 of the ‘358 Patent. An accurate and
`
`correct copy of the ‘358 Patent is attached to this Complaint as Exhibit B and incorporated by
`
`reference.
`
`38.
`
`The patented method of the ‘358 Patent for receiving consent from a user of a
`
`mobile device to obtain location information of the mobile device comprises participating in a
`
`telephone call with the mobile device, within the telephone call, identifying the mobile device at
`
`least in part by obtaining an identifier associated with the device, transmitting to the mobile
`
`device an automated voice message communicating to the user of the mobile device at least one
`
`of a notice including information indicating that consenting to the obtaining of the location
`
`information of the mobile device would result in the location information of the mobile device
`
`being disclosed, and a location at which to find the notice wherein the location at which to find
`
`the notice is represented by a web address corresponding to a website where, during the
`
`telephone call, the user can find the notice indicating to the user that consenting to the obtaining
`
`of the location information of the mobile device would result in the location information of the
`
`mobile device being disclosed; and receiving a signal from the mobile device during the
`
`telephone call a signal including data from the mobile device indicating consent for obtaining the
`
`location information of the mobile device.
`
`39.
`
`In a variation of the patented method, receiving from the mobile device a signal
`
`including data indicating consent for obtaining the location information of the mobile device
`
`includes at least one of receiving data indicating that the user of the mobile device has performed
`
`an action on the mobile device; and receiving a voice command from the mobile device.
`
`
`
`10
`
`Ruiz Food Products, Inc.
`Exhibit 1014
`
`

`

`40.
`
`The ‘358 Patent also covers technology that includes a system for receiving user
`
`consent to obtain location information of a mobile device that comprises a communications
`
`interface configured to participate in a telephone call with the mobile device, a validation logic
`
`configured to, within the telephone call, identify the mobile device at least in part by obtaining
`
`an identifier associated with the device, a notification logic configured to communicate an
`
`automated voice message including at least one of a notice including information indicating to
`
`the user of the mobile device that consenting to the obtaining of the location information of the
`
`mobile device would result in the location information of the mobile device being disclosed, and
`
`a location at which to find the notice, wherein the location at which to find the notice is
`
`represented by a web address corresponding to a website where, during the telephone call, the
`
`user of the mobile device can find the notice including information indicating to the user of the
`
`mobile device that consenting to the obtaining of the location information of the mobile device
`
`would result in the location information of the mobile device being disclosed; wherein the
`
`communications interface is configured to transmit during the telephone call the automated voice
`
`message to the mobile device, and wherein the communications interface is further configured
`
`to, during the telephone call, receive from the mobile device data indicating the user consent for
`
`obtaining the location information of the mobile device.
`
`41.
`
`In a variation of the patented system, the data indicating the user consent for
`
`obtaining the location information of the mobile device includes at least one of data indicating
`
`that an action was performed on the mobile device, and a voice command from the mobile
`
`device.
`
`42.
`
`Ruiz has been and is now directly infringing claim 1 of the ‘358 Patent, in this
`
`judicial district and elsewhere in the United States, by, among other things, using the patented
`
`
`
`11
`
`Ruiz Food Products, Inc.
`Exhibit 1014
`
`

`

`method described in paragraph 38 above to receive consent from at least one operator of a
`
`vehicle carrying freight of Ruiz who is a user of a mobile device to obtain location information
`
`of the mobile device. Specifically, Ruiz participates in a telephone call with the mobile device.
`
`Within the telephone call, Ruiz identifies the mobile device at least in part by obtaining an
`
`identifier associated with the device. Ruiz transmits to the mobile device an automated voice
`
`message communicating to the operator of Ruiz’s vehicle at least one of a notice including
`
`information indicating that consenting to the obtaining of the location information of the mobile
`
`device would result in the location information of the mobile device being disclosed, and a
`
`location at which to find the notice wherein the location at which to find the notice is represented
`
`by a web address corresponding to a website where, during the telephone call, the user can find
`
`the notice indicating to the user that consenting to the obtaining of the location information of the
`
`mobile device would result in the location information of the mobile device being disclosed.
`
`Ruiz receives a signal from the mobile device during the telephone call that includes data from
`
`the mobile device indicating consent for obtaining the location information of the mobile device.
`
`43.
`
`Ruiz has been and is now directly infringing claim 4 of the ‘358 Patent, in this
`
`judicial district and elsewhere in the United States, by, among other things, using the patented
`
`method described in paragraphs 38 and 39 above to receive consent from at least one operator of
`
`one of its vehicles who is a user of a mobile device to obtain location information of the mobile
`
`device by , receiving from the mobile device a signal including data indicating consent for
`
`obtaining the location information of the mobile device by at least one of receiving data
`
`indicating that the user of the mobile device has performed an action on the mobile device; and
`
`receiving a voice command from the mobile device.
`
`
`
`12
`
`Ruiz Food Products, Inc.
`Exhibit 1014
`
`

`

`44.
`
`Ruiz has been and is now directly infringing claim 19 of the ‘358 Patent, in this
`
`judicial district and elsewhere in the United States, by, among other things, using the patented
`
`system for receiving user consent to obtain location information of a mobile device described in
`
`paragraph 40 above by using a system that comprises a communications interface configured to
`
`participate in a telephone call with the mobile device carried by an operator of one of a vehicle
`
`carrying freight of Ruiz, a validation logic configured to, within the telephone call, identify the
`
`mobile device at least in part by obtaining an identifier associated with the device, a notification
`
`logic configured to communicate an automated voice message including at least one of a notice
`
`including information indicating to the user of the mobile device that consenting to the obtaining
`
`of the location information of the mobile device would result in the location information of the
`
`mobile device being disclosed, and a location at which to find the notice, wherein the location at
`
`which to find the notice is represented by a web address corresponding to a website where,
`
`during the telephone call, the user of the mobile device can find the notice including information
`
`indicating to the user of the mobile device that consenting to the obtaining of the location
`
`information of the mobile device would result in the location information of the mobile device
`
`being disclosed; wherein the communications interface is configured to transmit during the
`
`telephone call the automated voice message to the mobile device, and wherein the
`
`communications interface is further configured to, during the telephone call, receive from the
`
`mobile device data indicating the user consent for obtaining the location information of the
`
`mobile device.
`
`45.
`
`Ruiz has been and is now directly infringing claim 22 of the ‘358 Patent, in this
`
`judicial district and elsewhere in the United States, by, among other things, using the patented
`
`system for receiving user consent to obtain location information of a mobile device described in
`
`
`
`13
`
`Ruiz Food Products, Inc.
`Exhibit 1014
`
`

`

`paragraph 41 above by using a system as described in paragraph 44 wherein the data indicating
`
`the user consent for obtaining the location information of the mobile device includes at least one
`
`of data indicating that an action was performed on the mobile device, and a voice command from
`
`the mobile device.
`
`46.
`
`47.
`
`Ruiz has committed these acts of infringement without license or authorization.
`
`By engaging in the conduct described herein, Ruiz has injured MacroPoint and is
`
`liable for infringement of the ‘358 Patent under 35 U.S.C. § 271.
`
`48.
`
`As a result of Ruiz’s infringement of the ‘358 Patent, MacroPoint has been
`
`damaged and is entitled to a monetary judgment in an amount adequate to compensate for Ruiz’s
`
`infringement, but in no even less than a reasonable royalty for the use made of the invention by
`
`Ruiz, together with interest and costs as fixed by the Court.
`
`49. MacroPoint has suffered and will continue to suffer sever and irreparable harm
`
`unless this Court issues a permanent injunction prohibiting Ruiz, its agents servants, employees,
`
`representatives, and all others acting in active concert with Ruiz from infringing the ‘358 Patent.
`
`
`
`PRAYER FOR RELIEF
`
`WHEREFORE, MacroPoint respectfully requests the following relief from this Court:
`
`A.
`
`A judgment in favor of MacroPoint that Ruiz has infringed at least one claim of
`
`each of the ‘659 Patent and the ‘358 Patent;
`
`B.
`
`A permanent injunction enjoining Ruiz and its officers, employees, servants,
`
`agents, divisions. branches, subsidiaries, parents, and all others acting in active
`
`concert with Ruiz from infringing any claim of either the ‘659 Patent or the ‘358
`
`Patent, or such other equitable relief the Court determines is warranted;
`
`
`
`14
`
`Ruiz Food Products, Inc.
`Exhibit 1014
`
`

`

`
`
`CC.
`
`
`
`DD.
`
`
`
`EE.
`
`
`
`
`
`
`
`and poost-judgmennt interest; annd
`
`
`
`Any aand all other relief to which MacroPooint may be
`
`
`
`
`
`
`
`entitled.
`
`
`
`Respectfullyy submitted,,
`
`
`
`
`
`
`____________________________________
`Michael C.
`
`Smith (TX ##18650410)
`
`
`SIEBMANN, BURG, PHHILLIPS &
`
`
`113 East Auustin Street
`
`P.O. Box 15556
`
`Marshall, TTX 75671
`
`(903) 938-88900
`Telephone:
`
`
`Facsimile: ((972) 767-46620
`michaelsmi
`
`th@siebmann.com
`
` SMITH, LLLP
`
` &
`
`icygiewicz ((OH #00684458)
`
`Arthur P. L
`
`
`
`
`Wayne M. SSerra (OH ##0074780)
`
`
`THOMPSOON HINE LLLP
`
`3900 Key CCenter
`Square
`127 Public
`Ohio 44114
`Cleveland, O
`
` (216) 566-55500
`Telephone:
`Facsimile:
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`(216) 566-55800
`Art.Licygie
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`ewicz@thommpsonhine.coom
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`Wayne.Serrra@thompsoonhine.com
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`Attorneys foor Plaintiff MMacroPoint,
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`A judggment and oorder requirinng Ruiz to ppay MacroPooint its damaages, costs,
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`expennses, and botth pre-judgmment and postt-judgment iinterest for RRuiz’s
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`§ 284;
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`ccounting annd to pay
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`infringgement of thhe patents ass provided byy 35 U.S.C.
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` A juddgment and oorder requiriing Ruiz to pprovide an a
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`suppleemental dammages to MaccroPoint, inccluding withhout limitatioon, pre-judgmment
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`Ruiz Food Products, Inc.
`Exhibit 1014
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`DDEMAND FFOR JURYY TRIAL
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`laintiff Mac
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`roPoint, LLCC demands aa trial by jurry pursuant tto Rule 38 off the Federall
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`Rules of Civil Proceddure on all isssues triable to a jury.
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`Respectfullyy submitted,,
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`Michael C.
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`Smith
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`Ruiz Food Products, Inc.
`Exhibit 1014
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