NATIONAL REGISTERED AGENTS, INC.
`SERVICE OF PROCESS SUMMARY TRANSMITTAL FORM
`SOP Transmittal #   530341240
`
`800-592-9023 - Telephone
`
`To: TODD M. DUCHENE
`FLIR SYSTEMS, INC.
`27700 SW Parkway Ave Ste A
`Wilsonville, OR 97070-8238
`Entity Served: FLIR MARITIME US, INC.  (Domestic State: DELAWARE)
`
`Enclosed herewith are legal documents received on behalf of the above captioned entity by National Registered Agents, Inc. or its Affiliate
`in the State of NEW HAMPSHIRE on this 14 day of December, 2016. The following is a summary of the document(s) received:
`
`1.         Title of Action:  Garmin Switzerland GmbH and Garmin Corporation, Pltfs. vs. FLIR Maritime US, Inc., etc., Dft.
`2.          Document(s) Served:   Other: Summons, Proof, Statement, Attachment(s), Exhibit(s)
`3.         Court of Jurisdiction/Case Number: DISTRICT OF KANSAS - UNITED STATES DISTRICT COURT, KS
`Case # 216CV02806JWLJPO
`
`4.         Amount Claimed, if any:   N/A
`
`_X_ Process Server
`___ Certified Mail
`
`___ Law Enforcement
`___ Regular Mail
`
`___ Deputy Sheriff
`___ Facsimile
`
`___ U. S Marshall
`
`5.         Method of Service:
`_X_ Personally served by:
`___ Delivered Via:
`___ Other (Explain):
`6.          Date and Time of Receipt:    12/14/2016 10:50:00 AM CST
`7.          Appearance/Answer Date: Within 21 days after service, not counting the day of service
`8.          Received From:
`9.   Carrier Airbill # 1ZY041160197463976
`B. Trent Webb
`Shook, Hardy and Bacon L.L.P.
`   
`2555 Grand Boulevard
`Kansas City, MO 64108
`816-474-6550
`11.          Special Comments:
`SOP Papers with Transmittal, via  UPS Next Day Air
`Image SOP
`Email Notification,  HEATHER CHRISTIANSEN  HEATHER.CHRISTIANSEN@FLIR.COM
`Email Notification,  Kristin Terry  kristin.terry@flir.com
`Email Notification,  TODD M. DUCHENE  TODD.DUCHENE@FLIR.COM
`   
` 
` 
`NATIONAL REGISTERED AGENTS, INC.
`   
`Transmitted by   Amy McLaren
`
`10.  Call Made to: Not required
`
`CopiesTo:
`
`The information contained in this Summary Transmittal Form is provided by National Registered Agents, Inc. for informational purposes only and should not
`be considered a legal opinion. It is the responsibility of the parties receiving this form to review the legal documents forwarded and to take appropriate action.
`
`ORIGINAL
`
`1
`
`Navico Ex. 1021
`
`

`

`J
`
`•
`
`CONCORD, NEW HAMPSHIRE
`9 CAPITOL STREET
`C/O NATIONAL REGISTERED AGENTS, INC.
`FLIP. MARITIME US, INC.
`
`'·
`
`Maia—>2:>>m_z.onuzou
`
`
`
`
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`
`
`
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`
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`2
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`

`

`AO 440 (Rev. 06112) Summons in o Civil Action
`
`UNITED STATES DISTRICT COURT
`for the
`____ District of __ K_an_s_a_s
`
`Garmin Switzerland GmbH, et al.
`
`P/aintif!(s)
`V.
`
`FUR Maritime US, Inc.
`
`O,,fe11da111(s)
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`Civil Action No. 2:16-cv-02806-JWL-JPO ·
`
`SUMMONS IN A CIVIL ACTION
`
`To: (Defe11da111's 11ume a11d address)
`Ci'UilM;rii;;;;;Lis~iic.i
`c/o National Registered Agents, Inc. ?11/.lii: •
`9 Capitol Street
`Concord, NH 03301
`
`A lawsuit has been filed against you.
`
`Within 21 days after service of this summons on you (not counting the day you received it) - or 60 days if you
`are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
`P. 12 (a)(2) or (3)-you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
`the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff's attorney,
`whose name and address are:
`B. Trent Webb
`Shook, Hardy and Bacon L.L.P.
`2555 Grand Boulevard
`Kansas City, Mo 64108
`816-474-e550
`.
`bwebb@shb.com
`If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
`You also must file your answer or motion with the court.
`
`Date:
`
`12/12/16
`
`--------~
`
`3
`
`

`

`AO 440 (Rev. 06/12) Summons in a Civil Attion (Page 2)
`
`Civil Action No.
`
`PROOF OF SERVICE
`(T/1is sectio11sho11/d11ot be filed with t/1e co11rt 1111/ess req11ired by Fed. R. Civ. P. 4 (/))
`
`This summons for (name of individual and title. if any)
`was received by me on (date)
`
`LI I personally served the summons on the individual at (place)
`on (date)
`; or
`--------------------~
`-------~
`LI I left the summons at the individual's residence or usual place of abode with (name)
`, a person of suitable age and discretion who resides there,
`----------------
`, and mailed a copy to the individual's last known address; or
`0 n (date)
`--------
`LI I served the summons on (name of i11dividuaQ
`-------------------
`designated by law to accept service of process on behalf of (name of organization)
`on (date)
`; or
`--------------------~
`-------~
`LI I returned the summons unexecuted because
`
`, who is
`
`LI Other (specifj~:
`
`My fees arc$
`
`- - - - -
`
`for travel and $
`
`-----
`
`for services, for a total of$
`
`I declare under penalty of perjury that this information is true.
`
`Date:
`
`Server's signature
`
`Prilrted 11ame and title
`
`Additional information regarding attempted service, etc:
`
`•
`
`4
`
`

`

`Case 2:16-cv-02806 Document 1 Filed 12/12/16 Page 1 of 36
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF KANSAS
`
`Garmin Switzerland GmbH and
`Garmin Corporation,
`
`Plaintiffs,
`v.
`FLIR Maritime US, Inc. (f/k/a Raymarine,
`Inc.),
`
`De endant.
`
`Case No. 16-2806
`JURY TRIAL DEMANDED
`
`PRELIMINARY STATEMENT
`
`Garmin competes with innovation. Since its inception in 1989, Garmin has applied its
`
`innovative GPS technologies to navigation challenges in the recreational marine market. Unlike
`
`over-the-road routing, marine applications pose a number of daunting challenges. For example,
`
`there are no roads on a body of water, and it has variable and unseen changes in depths that may
`
`make it impossible to traverse at certain points. Through Garmin's investments and the hard
`
`work of its engineers, Garmin invented solutions to these challenges.
`
`Auto Guidance is one of those inventions. Auto Guidance allows a boater to navigate a
`
`body of water by utilizing the boat's unique dimensions and draught to chart an efficient route
`
`for the user. Garmin launched Auto Guidance in 2007 and it has been well received in the
`
`market ever since. Auto Guidance remains one of the most important technologie.s that allow
`
`Garmin to maintain and grow its market share. Garmin sought patent protection for Auto
`
`Guidance and was awarded several patents related to this technology. Among these patents was
`
`U.S. Patent No. 7,268,703 ("the '703 patent"). (See Plaintiff's Exhibit ("PX") I.)
`
`For years, Garmin's competitors rightfully refrained from infringing these important
`
`marine routing patents. But recently, Raymarine has chosen to try to take some of Garmin's
`
`success for itself.
`
`In or around August 2014, Raymarine began offering "Autorouting" and
`
`.;.
`:~ !_:
`
`5
`
`

`

`Case 2:16-cv-02806 Document 1 Filed 12/12/16 Page 2 of 36
`
`:.. ~'Easy Routing" functionality in its products thereby intentionally infringing at least Garmin's
`
`'703 patent in the United States.
`
`Raymarine's intentional violations of Garmin's intellectual property are not limited to the
`
`'703 patent. Raymarine also has infringed Garmin's valuable "TracBack" intellectual property.
`
`This includes Raymarine's infringement of U.S. Patent No. 6,459,987 ("the '987 patent"), which
`'
`covers Garmin's innovative "TracBack®" functionality. (PX 2.)
`
`For these and other reasons, Garmin now complains as follows.
`
`GARMIN'S COMPLAINT FOR PATENT INFRINGEMENT
`
`THE PARTIES
`Garmin
`
`I.
`
`· Garmin Switzerland GmbH ("Garmin Switzerland") is a limited liability company
`
`organized and existing under the laws of Switzerland, with its principal place of business at
`
`Miihlentalstrasse 2, Schaffhausen, CH 8200, Switzerland. Garmin International, Inc. ("Garmin
`
`. International") is a corporation organized and existing under the laws of the State of Kansas,
`
`with its principal place of business at 1200 East 151 st Street, Olathe, Kansas 66062.
`
`2.
`
`Garmin Corporation is a corporation organized and existing under the laws of
`
`Taiwan, with its principal place of business at No. 68, Zhangshu 2nd Road, Xizhi Dist., New
`
`.. ,
`
`; ... ; Taipei City 221, Taiwan.
`
`3..
`
`Hereinafter, "Garmin" collectively refers to Garmin Switzerland and Garmin
`
`Corporation, as well as other Garmin affiliated companies.
`
`·~·
`
`Raymarine
`
`4.
`
`Defendant FLIR Maritime US, Inc. (f/k/a Raymarine, Inc.) is a corporation
`
`. organized and existing under the laws of the State of Delaware, with its principal place of
`
`business at 9 Townsend West, Nashua, New Hampshire 03063.
`
`2
`
`6
`
`

`

`Case 2:16-cv-02806 Document 1 Filed 12/12/16 Page 3 of 36
`
`5.
`
`Hereinafter, FLIR Maritime US, Inc. is referred to as "Raymarine."
`
`JURISDICTION
`
`6.
`
`This is an action for patent infringement under the patent laws of the United
`
`States against Raymarine, 35 U.S.C. § IOI, et seq.
`
`7.
`
`This Court has subject matter jurisdiction over this action under 28 U.S.C. § 1331
`
`(federal question).
`
`8.
`
`This Court has personal jurisdiction of Raymarine. For example, Garmin is
`
`··:
`
`.informed and believes that Raymarine conducts substantial business in this Judicial District with
`
`respect to its infringing products.
`
`9.
`
`On information and belief, Raymarine has caused, induced, and/or contributed to
`
`acts of accused patent infringement and/<ir committed acts of accused patent infringement in this
`
`Judicial District including, inter alia, importing, making, using, offering for sale, and/or selling
`
`products in this Judicial District that infringe Garmin's asserted Auto Guidance and TracBack
`
`patents.
`
`I 0:
`
`In particular, Garmin is informed and believes that Raymarine has intentionally
`
`acted in a manner expressly aimed at causing injury to Garmin in Kansas deriving revenue from
`
`the sale of infringing products in Kansas and deriving revenue from interstate and international
`
`commerce as follows:
`
`(a). Raymarine, either directly or indirectly, has entered into a distribution
`agreement(s) with third-parties such as Bass Pro (i.e., Bass Pro Group Inc.
`and BPS Direct, L.L.C.; hereinafter "Bass Pro") and/or Cabela's to sell the
`accused and infringing products such as Raymarine Dragonfly-7 PRO
`throughout the United States, including Kansas (see, e.g., PX 3);
`
`(b) Raymarine, either directly or indirectly, has packaged and shipped hundreds
`if not thousands of the accused and infringing products to retailers in Kansas,
`such as Bass Pro and/or Cabela's (see, e.g., PX 3, PX 4);
`
`3
`
`7
`
`

`

`Case 2:16-cv-02806 Document 1 Filed 12/12/16 Page 4 of 36
`
`e.g.,
`website,
`a
`owns
`(c) Raymarine
`http://www.raymarine.com/dragonfly/dragonfly7pro/, which advertises the
`·accused products such as the Raymarine I:!ragonFly-7 PRO to Kansas
`consumers;
`
`:.:·.
`
`. · (d) Raymarine
`more
`or
`one
`owns
`websites-e.g.,
`http://www.raymarine.com/view/?id=829 l-through which
`Raymarine
`distributes accused software and computer-executable instructions accused of
`infringement, including distribution to Kansas consumers and users (PX 5);
`
`(e) · Ra'Y,marine owns a website, e.g., http://www.raymarine.com/, through which
`Raymarine advertises to consumers, including Kansas consumers, of retail
`locations in the State of Kansas to purchase accused products; and
`
`(f) Raymarine has sold, offered for sale, and advertised infringing products to
`Kansas consumers, including through the above distribution agreement(s) and
`websites.
`
`VENUE
`
`11. · Venue is proper wiihin this Judicial District under 28 U.S.C. §§ 139l(b) and (c)
`
`"
`
`because Raymarine transacts business within this Judicial District and offers for sale in this
`
`. Judicial District products that infringe Garmin's Auto Guidance and TracBack patents.
`
`12.
`
`· In addition, venue is proper because Garmin suffered and will continue to suffer
`
`harm in this Judicial District. Moreover, a substantial part of the events giving rise to the claim
`
`occurred in this district.
`
`FACTUAL BACKGROUND
`Garmin's History
`
`13.
`
`Garmin International was founded in Lenexa, Kansas, by Gary Burrell and Dr.
`
`Min Kao. Garmin's cutting edge research and creative product design are rooted in Kansas, with
`
`a reach that has grown across the globe.
`
`14.
`
`Garmin's founders joined technological experience with business acumen to
`
`.
`~ create a company that has been a pioneer in Global Positioning System ("OPS") technology
`'. ·~ince the beginning. Garmin's founders applied research experience obtained from NASA and
`
`~ .·
`·~···
`
`4
`
`8
`
`

`

`Case 2:16:cv-02806 · Document 1 Filed 12/12116 Page 5 of 36
`
`the United States Military to develop the first GPS navigator to be certified by the Federal
`
`Aviation Administration, which is now a featured exhibit of the Smithsonian's Time and
`
`Navigation Exhibition.
`
`15. Mr. Burrell is widely considered one of the leading trailblazers of integrated
`
`avionics. As part of a 'distinguished career, he designed and developed the first successful
`
`integrated NAV/COMM for the general aviation market. Together, Dr. Kao and Mr. Burrell
`
`grew Garmin from a local Kansas start-up to a research, design, and consumer product giant.
`
`16.
`
`Today, Garmin is the recognized leader in feature-rich and intuitive navigational
`
`products for the automotive, aviation, outdoor, fitness, and marine markets. Garmin manages its
`
`design, manufacturing, marketing, and warehouse processes internally to ensure quality and
`
`service to its customers. Garmin'~ local presence remains strong even as its international reach
`
`continues to spread.
`
`17.
`
`Garmin, through its various affiliates, is one of the largest employers in the State
`
`of Kansas. Garmin occupies a 1.2 million square foot facility on nearly 96 acres in Olathe,
`
`Kansas where Garmin conducts the majority of its product design and development work. As a
`
`result of Garmin's market successes, Garmin just recently announced
`
`its plans for a
`
`$200,000,000 expansion of its Olathe-based facilities.
`
`Garmin's Innovative Marine Technologies
`
`18.
`
`Innovation is essential to Garmin's brand and product value. Garmin has invested
`
`billions into research of cutting-edge, consumer-demanded navigational technologies. Last year
`
`alone, Garmin invested $427 million dollars in research and development, launched 125 new
`
`products, and shipped 16.2 million units worldwide.
`
`19. Many trade and industry observers have recognized Garmin for its innovation and
`
`.,
`
`5
`
`9
`
`

`

`Case 2:16-cv-02806 Document 1 Filed 12/12/16 Page 6 of 36
`
`superior craftsmanship. For example, Garmin has won 6 awards in industry supplier-of-the-year
`
`categories since 2010. Garmin has also won 7 awards from the National Marine Electronics
`
`Associatio? for its cutting-edge marine inventions.
`
`20.
`
`Garmin's marine products include recreational devices known as "chartplotters."
`
`A chartplotter is a marine navigational device that combines GPS functionality with
`
`electronically displayed navigational charts. Garmin's feature-rich chartplotters allow the user to
`
`perform critical functions quickly and easily.
`
`Intellectual Property Infringed By Raymarine
`
`21.
`
`Garmin Switzerland is the owner by assignment of all right, title, and interest in
`
`and to the '703 patent, which is entitled "Methods, Systems, and Devices for Cartographic
`
`Alerts," and which duly and legally issued in the names of Darrin W. Kabel and Steven J, Myers
`
`on September 11, 2007. A copy of the '703 patent is attached to the Complaint as PX I. The
`
`'703 patent covers Garmin's innovative Auto Guidance, discussed in~~ 23-28 below.
`
`22.
`
`Garmin Corporation is the owner by assignment of all right, title, and interest in
`
`and to the '987 patent, which is entitled "Method and Apparatus for Backtracking a Path," and
`
`which duly and legally issued in the names of Jay Dee Krull and Darin J. Beesley on October I,
`
`2002. A copy of the '987 patent is attached to the Complaint as PX 2. The '987 patent covers
`
`Garmin's intelligent backtracking technologies, discussed in~~ 29-32 below.
`
`Garmin's Auto Guidance Technology
`
`23.
`
`Auto Guidance searches cartographic charts to automatically create a route that
`
`avoids hazards identified in advance of marine route creation-such as shallow water, low
`
`bridges, and other obstructions-based on user-specified vessel information. For example, the
`
`marine navigation device first receives a pre-selected condition from the user, such as the boat's
`
`6
`
`10
`
`

`

`Case 2:16-cv-02806 Document 1 Filed 12/12116 Page 7 of 36
`
`acceptable water depth. The marine navigation device then receives a first location and a
`
`waypoint, such as the start and end points of a desired route. Rather than chart a straight-line
`
`between the two points, Auto Guidance improves upon prior routing techniques by performing a
`
`marine route calculation algorithm which takes into account the user-specified vessel
`
`information and cartographic data to create a route through non-user selected waypoints. This
`
`route is then visually overlaid on a map on the chartplotter. Auto Guidance's use of computer(cid:173)
`
`implemented, objective, and rules-based algorithms, as well as world-class cartographic data,
`
`increases the enjoyment of boating by quickly, conveniently, and accurately creating routes
`
`through non-user selected waypoints that a boater may follow to avoid dangerous structures and
`
`other obstructions not visible with the human eye or discernible without detailed cartography
`
`data, as illustrated and described below:
`
`(See, e.g., PX 6.)
`
`24.
`
`Garmin created Auto Guidance to correct a limitation of GPS technology in the
`
`marine navigational context. At the time Auto Guidance was invented, land-based GPS
`
`technologies were adept at plotting a route directly between two waypoints on a paved road. But
`
`in the marine context where roads do not exist, GPS technology alone is often insufficient to
`
`calculate an optimal path between two points, in part, because there are innumerable possible
`
`routes in the open water between two waypoints.
`
`In addition, certain topographical features,
`
`7
`
`11
`
`

`

`Case 2:16-cv-02806 Document 1 Filed 12/12/16 Page 8 of 36
`
`such as shallow water or narrow thoroughfares, may be impassable to some boats but not others.
`
`Existing GPS technologies were incapable of addressing these issues.
`
`25.
`
`Recognizing the
`
`inherent
`
`limitations of GPS
`
`technologies
`
`in
`
`the marine
`
`navigation context, Garmin employees, Mr. Darrin Kabel and Mr. Steven Myers, set out to create
`
`a solution. They did so in 2003, by inventing a sophisticated and proprietary algorithm that
`
`relies on detailed cartography data and pre-selected conditions (e.g., a user-selected acceptable
`
`water depth) to automatically and objectively determine one or more intermediary, non-user(cid:173)
`
`selected waypoints that form a route to a final waypo.int. In addition,_ Messrs. Kabel and Myers
`
`also im'.ented methods of providing alert signals to indicate hazardous conditions along the route.
`
`Garmin obtained numerous patents directed to various aspects and features of its Auto Guidance
`
`technologies, including the '703 patent. (PX I.)
`
`26.
`
`Garmin sells, and has sold, products utilizing Auto Guidance since 2007. Since
`
`that time, Auto Guidance has been a key differentiator between Garmin and competitor products.
`
`Garmin also has been awarded valuable contracts with original equipment manufacturers
`
`("OEMs"), and enjoyed substantial after-market sales of Garmin-branded chartplotters that
`
`incorporate Auto Guidance.
`
`27.
`
`Auto Guidance is currently sold on an SD card known as the Garmin BlueChart®
`
`g2 Vision® card at various retail locations across the United States as well as online. In most
`
`cases, sales of the BlueChart® g2 Vision® cards also coincide with and help drive demand for
`
`sales of Garmin chartplotters.
`
`28.
`
`Customer demand for Auto Guidance was one of the biggest drivers of Garmin's
`
`success in the recreational marine navigation market. And, until recently, Garmin has been able
`
`to grow market share in coastal marine markets because it was the only company offering Auto
`
`8
`
`12
`
`

`

`Case 2:16-cv-02806 Document 1 Filed 12/12/16 Page 9 of 36
`
`Guidance in the United States.
`
`Gannin's "TracBack" Patent
`
`29.
`
`In electronic navigation using GPS, a user's path is comprised of a series of GPS
`
`point coordinates corresponding to the user's movement.
`
`In the mid-90's, two leading
`
`technologists at Gannin-Mr. Jay Dee Krull and Mr. Darin Beesley-recognized that the ability
`
`to chart a backtrack path using a point reduction algorithm, while maintaining fidelity to the
`
`forward path, would provide a number of benefits to the user. One such advantage was
`
`recording a manageable set of points while maintaining the turn points of the original route,
`
`which allows a user to retrace his steps on a proven route, as opposed to creating a new and
`
`potentially less reliable backward path. This was especially critical in suboptimal conditions,
`
`such as fog or severe weather, where it may be difficult to navigate back to a starting point. This
`
`feature was also useful because GPS systems at the time could not predict impassable objects
`
`and users could waste time trying untraveled routes that had such objects. Another benefit was
`
`that users could save track information to repeat trips that were particularly enjoyable.
`
`30.
`
`In the 1990s, saving one or more paths consumed far too much device memory
`
`and compromised route representation and route display speeds, at least in part because forward
`
`paths consisted of thousands if not tens of thousands of individual points along the forward path.
`
`To solve this problem, Mr. Krull and Mr. Beesley developed and implemented a novel ahd useful
`
`system and method that utilized a compression algorithm in global positioning systems to
`
`intelligently optimize the number of forward-path points to be used during the creation of a
`
`historical backward path-in other words, a backward path that enhanced device memory,
`
`display resources, and navigation guidance; all while maintaining fidelity to the originally(cid:173)
`
`traveled forward path.
`
`9
`
`13
`
`

`

`Case 2:16-cv-02806 Document 1 Filed 12/12/16 Page 10 of 36
`
`31.
`
`Garmin immediately recognized the value of Mr. Krull and Mr. Beesley's
`
`inventions, both as a technical feature and as a potential market differentiator. Garmin thus
`
`immediately sought to productize and protect the TracBack technology.
`
`32.
`
`Filed in November 1996, Garmin's TracBack inventions are protected by the '987
`
`patent. (PX 2.)
`
`Raymarine's Infringing Chartplotters and "Autorouting"1 and/or "Easy Routing" Features
`
`33.
`
`Upon information and belief, Raymarine was acquired by FLIR Systems and was
`
`known as Raymarine, Inc. until April 29, ~014 when it changed its corporate name to FLIR
`
`Maritime US, Inc. Currently Raymarine markets itself to consumers as "Raymarine by FLIR."2
`
`34.
`
`Upon information and belief, Raymarine competes against Garmin in the marine
`
`navigation industry by marketing and selling a series of chartplotters. Chartplotters sold by
`
`Raymarine can include software enabling "Autorouting" or "Easy Routing." (PX 7.)
`
`35.
`
`Upon information and belief, Raymarine had not offered, until August 2014,
`
`"Autorouting" in U.S. territorial waters.
`
`36.
`
`Upon information and belief, Rilymarine knew that offering "Autorouting" and/or
`
`"Easy Routing" would violate Garmin's intellectual property rights.
`
`37.
`
`Raymarine enabled "Autorouting" in August 2014 by creating and advertising a
`
`free software upgrade, v.11.26, that enabled "Autorouting" on certain of its chartplotters, as
`
`reflected below. Since that time, Garmin is informed and believes that Raymarine has released
`
`additional software versions, embodied on computer readable media, enabling and encouraging
`
`use of"Autoroutirig" and "Easy Routing." (See 'U 85.)
`
`38.
`
`Currently Raymarine has further enabled "Autorouting" on its chartplotters
`
`1 Also, at times, stylized as "Auto Routing" as well as "Dock To Dock Autorouting."
`2 See http:l/www.raymarine.com/.
`
`10
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`Case 2:16-cv-02806 Document 1 Filed 12/12116 Page 11 of 36
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`_featuring its LightHouse II user interface as of April I, 2016. Raymarine enabled this feature by
`
`:. · creating and advertising a free software upgrade for its LightHouse II equipped chartplotters that
`
`became av.ailable for download on April I, 2016. Publically available information about this
`
`software upgrade specifically highlighted the "Autorouting" feature, and advertised that the
`
`software upgrade "introduces a new and improved Autorouting feature from Navionics." (See,
`
`e.g., PX 5.)
`
`39.
`
`Upon information and belief, Raymarine was aware of Garmin's Auto Guidance
`
`patent portfolio, including the '703 patent, at least as early as December 11, 2015, when Garmin
`
`notified Raymarine of its infringement of the '703 patent.
`
`40.
`
`From December 11, 2015 through July 25, 2016, Garmin engaged Raymarine in
`
`good faith negotiations about Raymarine's infringing activities as Garmin sought to resolve the
`
`infringement without litigation. Raymarine has thus far failed to refrain from its infringing
`
`activities.
`
`41.
`
`Upon
`
`information and belief, Raymarine agents,
`
`resellers, distributors,
`
`employees, and customers/users of Raymarine chartplotters have downloaded a free software
`
`upgrade that enables "Autorouting" and/or "Easy Routing" and, to that end, are currently using
`
`Raymarine chartplotters with the "Autorouting" and/or "Easy Routing" feature.
`
`Raymarine's Infringement of the '987 Patent: Raymarine's "Tracks" Feature
`
`42.
`
`Raymarine's chartplotters and related marine products (e.g., DragonFly-branded
`
`products such as the DragonFly-7 PRO) contain features that infringe Garmin's '987 patent.
`
`Raymarine calls this feature "Tracks" and allows a user to automatically record a journey as a
`
`track, create a route from this track, and follow this route in reverse. (PX 8 at 152 (excerpted);
`
`PX 9 at 81-83 (excerpted).) Raymarine's manuals describe the feature as follows: "A track is an
`
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`Case 2:16-cv-02806 Document 1 Filed 12/12116 Page 12 of 36
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`on-screen trail that shows the passage you have taken. This trail is made up of a series of track
`
`points which are created automatically. You can save the track to create a permanent record of
`
`where you have been." (PX 8 at 152; PX 9 at 81.)
`
`13.3 Tracks
`A track is an on-screen trail that shows the passage
`you have taken. This trail is made up of a series of
`track points which are created automatically. You
`can save the track to create a permanent record of
`where you have been
`
`.......
`With tracks you can:
`• Review where you have been.
`• Create a route from a track.
`
`(PX 8 at 152; PX 9 at 81-83.)
`
`43.
`
`For example, and on information and belief, users of the infringing Raymarine
`
`products can "adjust the interval between track points and choose the interval type (i.e. distance
`
`or time) .... " (PX 8 at 152.)
`
`44.
`
`On information and belief, Raymarine's "Tracks" include only a subset of
`
`. location points identified while moving along the forward direction of travel, e.g., location points
`
`automatically identified based on time, distance, or proprietary Raymarine rules. (See, e.g., PX 8
`
`at i52, as well as the below image showing "Points" collected by a Raymarine Dragonfly Pro 7.)
`
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`Case 2:16-cv-02806 Document 1 Filed 12/12116 Page 13 of 36
`
`· .
`
`. . ·
`: ..
`
`Raymarine's Infringement of the '987 Patent: Raymarine's "Routes" Feature
`
`45.
`
`In addition, Raymarine chartplotters include the option to save "Tracks" and build
`
`"Routes" based on those tracks. A "Track" includes a number of "points" collected during
`
`forward travel. When. saved as a "Route," the "Route" includes a subset of the forward path
`
`points ~own as waypoints.
`
`Build a route from a track
`You can create a route from a recorded track.
`When a track is converted the system creates the
`~est ro~rough the recorded track(usfng Uii)
`,J!1Joim~mJ!Um~~r of w;,iypii!:i!i)Each waypoint
`created will be saved with the depth and temperature
`data (if applicable) for that position .
`
`......
`Note: If a track break occurs, only the last segment
`is converted to a route.
`
`(PX 8 at 144.)
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`Case 2:16-cv-02806 Document 1 Filed 12/12/16 Page 14 of 36
`
`COUNT I: PATENT INFRINGEMENT
`Raymarine's Inf~ingement of the '703 Patent
`
`46.
`
`Garmin realleges and incorporates by reference the allegations set forth in
`
`paragraphs 1-45 above.
`
`47.
`
`Upon information and belief, Raymarine has been, and currently is, directly and
`
`indirectly infringing at least claim 20 of '703 patent by at least its making, using, selling, and
`
`, ·:, offering for sale the claimed inventions through its chartplotters that enable and incorporate
`
`·· "Autorouting" and/or "Easy Routing" functions. Raymarine's infringement includes, but is not
`
`. limited to, its making and using of the inventions covered by claim 20 of the '703 patent
`
`operating certain software load versions (e.g., v. 11.26, Rl4, Rl5, Rl6, Rl7, etc., as further
`
`discussed below in connection with Raymarine's infringing Computer Readable Mediums and
`
`Implicated Software, see ~ 85) in conjunction with "Autorouting" and ''Easy Routing" SD map
`
`cartridges, including, at least: Raymarine's a series chartplotters (e.g., (a65, a67, a68, a75, a77,
`
`a78, a95, a97, a98, al25, al27, al28), e Series Hybrid Touch chartplotters (e7, e7D, e95, e97,
`
`e125, el27, el65), eS series chartplotters (eS75, eS78, eS95, eS98, eS127, eS128), and gS series
`
`chartplotters (gS95, gS 125, gS 165, gS 195) (hereinafter, collectively referred to as "Accused
`
`Raymarine Products").
`
`Raymarine's Direct Infringement of At Least Claim 20 of the '703 Patent
`
`48.
`
`Raymarine directors, managers, employees, and/or agents have directly infringed,
`
`and will continue to directly infringe, at least claim 20 of the '703 patent by making and using
`
`this claimed invention in the United States, as discussed below.
`
`49.
`
`The preamble of claim 20 of the '703 patent recites: "An electronic marine
`
`navigation device, comprising" various limitations. (PX I at 14:22-40.)
`
`50.
`
`The Raymarine Accused Products are electronic marine navigational devices.
`
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`Case 2:16-cv-02806 Document 1 Filed 12/12116 Page 15 of 36
`
`51.
`
`For example, the Raymarine Accused Products provide computer-aided marine
`
`·navigation functions, as reflected in Raymarine's product literature and related documentation:
`
`(See PX 10.) 3
`
`13.1.Waypoints overview
`Waypoints are ;position markers used for the
`:'°p1.1r;poses of navigation. Your display can create
`wawioint~whiclicai'fthen be selected for active
`navigation.
`
`13-2 Routes
`A route is a series ofwaypoints_typically used to
`assist with passage:p~ann_irl~ anti_ n~vigal!o_n;
`A route is displayed on screen as a series of
`waypoints linked by a line.
`
`(PX 8 at 134 and 142.)
`
`52.
`
`The first limitation of claim 20 of the '703 patent recites: "a processor." (PX I at
`
`3 Available online at http://www.raymarine.com/view/?id=49S4.
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`Case 2:16-cv-02806 Document 1 Filed 12/12/16 Page 16 of 36
`
`14:22-40.)
`
`53.
`
`54.
`
`' The Raymarine Accused Products include a processor.
`
`The second limitation 9f claim 20 of the '703 patent recites: "a user interface
`
`operatively coupled to the processor, wherein the user interface receives one or more preselected
`
`conditions from a user." (PX I at 14:22-40.)
`
`55.
`
`56.
`
`The Raymarine Accused Products include a user interface.
`
`For example, the Raymarine Accused Products include a graphical user interface.
`
`The graphical user interface of the Raymarine Accused Products allows the user to interact with,
`
`and input informa.tion into, the Raymarine Accused Products, including one or more preselected
`
`conditions from the user:
`
`3.11 Homescreen overview - Touch
`only displays
`
`The Homescreen provides a central point of access
`for your display•s applications, data and settings.
`• The Homescreen provides quick access to your
`data (waypoints, routes, tracks, images and
`videos) and backup settings.
`• The Homescreen consists of a number of
`Homescreen pages. Swipe the screen left or right
`with your finger to scroll through the available
`Homescreen pages.
`• i:ach Homescreen page consists of a number of
`icons. Applications are started by selecting the
`relevant icon.
`'
`
`(PX 8 at 29-30.)
`
`57.
`
`Through the graphical user interface, the Raymarine Accused Products receive
`
`marine route conditions relating to a us