Case 2:21-cv-00020-JRG Document 1 Filed 01/28/21 Page 1 of 47 PageID #: 1
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`UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
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`TRANSCEND SHIPPING SYSTEMS, LLC,
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`Plaintiff,
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`
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`
`
`
` v.
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`ORIENT OVERSEAS CONTAINER
`LINE LTD.,
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`
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`Defendant.
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`Case No. ____________
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`JURY TRIAL DEMANDED
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`ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT
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`
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`Transcend Shipping Systems, LLC (“Transcend”) hereby files this Original Complaint
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`for Patent Infringement against Orient Overseas Container Line Ltd. (“OOCL”), and alleges,
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`upon information and belief, as follows:
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`THE PARTIES
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`1.
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`Transcend is a limited liability company organized and existing under the laws of the State of
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`Florida with its principal place of business at 600 S. Dixie Highway, Suite 605, West Palm
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`Beach, Florida 33401.
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`2.
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`Upon information and belief, Orient Overseas Container Line Ltd. is a limited company
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`company organized and existing under the laws of Hong Kong with its principal office at
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`Harbour Centre, 31st Floor, 25 Harbour Road, Wanchai, Hong Kong.
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`3.
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`Upon information and belief, OOCL also maintains an office in Texas at 7600 West Tidwell,
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`Suite 700, Houston, Texas 77040.
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`JURISDICTION AND VENUE
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`4.
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`Subject matter jurisdiction is proper under 28 U.S.C. §§ 1331, 1332, 1338, and 1367.
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`

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`Case 2:21-cv-00020-JRG Document 1 Filed 01/28/21 Page 2 of 47 PageID #: 2
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`5.
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`The Court has personal jurisdiction under the Texas Long Arm Statute and the Due Process
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`Clause of the U.S. Constitution over OOCL because they are present within or have
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`minimum contacts within the State of Texas, including the Eastern District of Texas.
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`6.
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`OOCL has sought protection and benefit from the laws of the State of Texas; OOCL
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`regularly conducts business within the State of Texas and within the Eastern District of
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`Texas; and Plaintiff’s cause of action arises directly from OOCL’s business contacts and
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`other activities in the State of Texas and in the Eastern District of Texas.
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`7. More specifically, OOCL, directly and/or through intermediaries, ship, distribute, use, offer
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`for sale, sell, and/or advertise products and services in the United States, the State of Texas,
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`and the Eastern District of Texas including but not limited to the Accused Instrumentalities
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`as detailed below. Upon information and belief, OOCL has committed patent infringement in
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`the State of Texas and in the Eastern District of Texas. OOCL solicits and has solicited
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`customers in the State of Texas and in the Eastern District of Texas. OOCL has paying
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`customers, who are residents of the State of Texas and the Eastern District of Texas, who
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`each use and have used the OOCL’s products and services in the State of Texas and in the
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`Eastern District of Texas.
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`8.
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`As an example, OOCL maintains an office in Texas at 7600 West Tidwell, Suite 700,
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`Houston, Texas 77040. (See Figure 1 below).
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`ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT
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`PAGE | 2
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`Case 2:21-cv-00020-JRG Document 1 Filed 01/28/21 Page 3 of 47 PageID #: 3
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`Figure 11
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`9.
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`Venue is proper pursuant to 28 U.S.C. §§ 1391 and 1400(b).
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`
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`10. Venue is also proper in this judicial district pursuant to 28 U.S.C. §§ 1391(c)(3) because
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`Orient Overseas Container Line Ltd. is not a resident of the United States and therefore may
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`be sued in any judicial district.
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`PATENTS-IN-SUIT
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`11. Transcend Shipping Systems, LLC is the sole and exclusive owner, by assignment, of U.S.
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`Patent Nos. 7,253,731 (“the ’731 Patent”); 7,482,920 (“the ’920 Patent”); 9,847,029 (“the
`
`’029 Patent”); 10,181,109 (“the ’109 Patent”); and 10,796,268 (“the ’268 Patent”)
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`(hereinafter collectively referred to as “the Transcend Patents”).
`
`
`1 Source, as visited on January 15, 2021: https://www.msc.com/usa/contact-us/msc-houston
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`ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT
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`PAGE | 3
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`12. The Transcend Patents are valid, enforceable, and were duly issued in full compliance with
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`Title 35 of the United States Code.
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`13. The Transcend Patents each include numerous claims defining distinct inventions.
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`14. The priority date of each of the Transcend Patents is at least as early January 23, 2001. As of
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`the priority date, the inventions as claimed were novel, non-obvious, unconventional, and
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`non-routine.
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`15.
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`Plaintiff alleges infringement on the part of OOCL of each of the Transcend Patents.
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`16. The ’731 Patent relates generally to an apparatus, including a shipment conveyance device,
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`associated with a shipment, which is a shipping a container, pallet, or tote, a memory device,
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`located at the shipment conveyance device, in which information regarding the shipment is
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`stored, a global positioning device, located at the shipment conveyance device, which
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`determines a position or location of the shipment conveyance device, a processing device
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`which processes information regarding the shipment and/or shipment conveyance device in
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`response to an occurrence of an event or in response to a request for information and
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`generates a message containing information regarding the position or location of the
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`shipment conveyance device and information regarding the occurrence of an event, a status
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`of the shipment, a shipment temperature, or an impact or force on the shipment conveyance
`
`device, and a transmitter, located at the shipment conveyance device, which transmits the
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`message to a communication device. See Abstract, ’731 Patent.
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`17. The ’920 Patent relates generally to an apparatus, including a shipment conveyance device
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`which is a shipping container, pallet, piece of luggage, or tote, a memory device located in,
`
`on, or at, the shipment conveyance device which stores information regarding the shipment
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`conveyance device, a global positioning device located in, on, or at, the shipment conveyance
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`ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT
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`PAGE | 4
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`device which determines a position or location of the shipment conveyance device, a
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`processing device which processes information regarding the shipment conveyance device in
`
`response to an occurrence of an event or a request for information and which generates a
`
`message containing information regarding the position or location of the shipment
`
`conveyance device and information regarding the occurrence of an event, a status of a
`
`shipment or transportation involving the shipment conveyance device, a temperature, or an
`
`impact or force on the shipment conveyance device, and a transmitter located in, on, or at, the
`
`shipment conveyance device which transmits the message to a communication device. See
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`Abstract, ’920 Patent.
`
`18. The ’029 Patent relates generally to an apparatus, including a shipment conveyance device
`
`which is a shipping container, pallet, or piece of luggage, a memory device located in, on, or
`
`at, the shipment conveyance device which stores information regarding the shipment
`
`conveyance device, a global positioning device which determines a position or location of the
`
`shipment conveyance device, a processing device which processes information regarding the
`
`shipment conveyance device in response to an occurrence of an event or a request for
`
`information and which generates a message containing information regarding the position or
`
`location of the shipment conveyance device and information regarding the occurrence of an
`
`event, a status of a shipment or transportation involving the shipment conveyance device, a
`
`temperature, or an impact or force on the shipment conveyance device, and a transmitter
`
`located in, on, or at, the shipment conveyance device which transmits the message to a
`
`communication device. See Abstract, ’029 Patent.
`
`19. The ’109 Patent relates generally to an apparatus, including a shipment conveyance device,
`
`wherein the shipment conveyance device is a shipping container, pallet, or piece of luggage;
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`ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT
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`PAGE | 5
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`Case 2:21-cv-00020-JRG Document 1 Filed 01/28/21 Page 6 of 47 PageID #: 6
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`a receiver; a global positioning device which is located in, on, or at, the shipment conveyance
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`device and which determines a position or location of the shipment conveyance device; a
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`processor which generates a message in response to an occurrence of an event or in response
`
`to a request for information regarding the shipment conveyance device, wherein the request
`
`for information is automatically received by the receiver, wherein the message contains
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`information regarding a position or location of the shipment conveyance device; and a
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`transmitter which is located in, on, or at, the shipment conveyance device and which
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`transmits the message to a communication device associated with an owner of the shipment
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`conveyance device or an individual authorized to receive the message. See Abstract, ’109
`
`Patent.
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`20. The ’268 Patent relates generally to an apparatus, including a shipment conveyance device
`
`which is a shipping container, a pallet, or a piece of luggage; a global positioning device,
`
`located in, on, or at, the shipment conveyance device, which determines a position or location
`
`of the shipment conveyance device; a processor which generates a message in response to an
`
`occurrence of an event or in response to a request for information regarding the shipment
`
`conveyance device which request is automatically received by a receiver, and which message
`
`contains information regarding a shipment of the shipment conveyance device; and a
`
`transmitter, located in, on, or at, the shipment conveyance device, which transmits the
`
`message to a communication device associated with an owner of the shipment conveyance
`
`device or an individual authorized to receive the message. See Abstract, ’268 Patent.
`
`21. The claims of the Transcend Patents are not drawn to laws of nature, natural phenomena, or
`
`abstract ideas. Although the systems and methods claimed in the Transcend Patents are
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`ubiquitous now (and, as a result, are widely infringed), the specific combinations of
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`ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT
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`PAGE | 6
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`elements, as recited in the claims, was not conventional or routine at the time of the
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`invention.
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`22. The ’731 Patent was examined by Primary United States Patent Examiner Van T. Trieu.
`
`During the examination of the ’731 Patent, the United States Patent Examiner searched for
`
`prior art in the following US Classifications: 340/539.13, 340/568.1 and 340/572.1.
`
`23. After conducting searches for prior art during the examination of the ’731 Patent, the United
`
`States Patent Examiner identified and cited the following as the most relevant prior art
`
`references found during the searches: (i) US 3,669,288, 06/1972, Young; (ii) US 5,317,323,
`
`05/1994, Kennedy et al.; (iii) “Envirokare announces letter of intent with Electroship . . .” 2
`
`page Envirokare press release dated Jul. 25, 2000”; (iv) US 5,825,283, 10/1998, Camhi; (v)
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`US 6,044,990, 04/2000, Palmeri; (vi) US 6,464,142, 10/2002, Denenberg et al.; (vii) US
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`2002/0017996, 02/2002, Niemiec; (viii) FR 2816434, 05/2002, Touzet; (ix) US 5,877,707,
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`03/1999, Kowalick; (x) US 5,917,405, 06/1999, Joao; (xi) US 5,917,434, 06/1999, Murphy;
`
`(xii) US 6,046,678, 04/2000, Wilk; (xiii) US 6,148,291, 11/2000, Radican; (xiv) US
`
`6,281,797, 08/2001, Forster et al.; (xv) US 6,292,828, 09/2001, Williams; (xvi) US
`
`6,332,098, 12/2001, Ross et al.; (xviii) US 6,474,927, 11/2002, McAdams et al.; (xix) US
`
`6,542,076, 04/2003, Joao; (xx) US 6,542,077, 04/2003, Joao; (xxi) US 6,549,130, 04/2003,
`
`Joao; (xxii) US 6,587,046, 07/2003, Joao; (xxiii) US 6,610,954, 08/2003, Takizawa; (xxiv)
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`US 6,844,473, 01/2005, Quinlin et al.; (xxv) US 2002/0016655, 02/2002, Joao; (xxvi) US
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`2002/0049622, 04/2002, Lettich et al.; (xxvi) US 2002/0049622, 04/2002, Lettich et al.;
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`(xxvii) US 2002/0116318, 08/2002, Thomas et al.; (xxviii) US 2002/0121969, 09/2002, Joao;
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`(xxix) US 2002/0198774, 12/2002, Weirich; (xxx) US 2003/0009361, 01/2003, Hancock et
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`al.; (xxxi) US 2003/0016130, 01/2003, Joao; (xxxii) US 2003/0067541, 04/2003, Joao;
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`ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT
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`PAGE | 7
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`Case 2:21-cv-00020-JRG Document 1 Filed 01/28/21 Page 8 of 47 PageID #: 8
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`(xxxiii) US 2003/0071899, 04/2003, Joao; (xxxiv) US 2003/0084125, 05/2003, Nagda et al.;
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`(xxxv) US 2003/0193404, 10/2003, Joao; (xxxvi) US 2003/0206102, 11/2003, Joao; (xxxvii)
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`US 2004/0160319, 08/2004, Joao; (xxxviii) US 2004/0230601, 11/2004, Joao; (xxxix) US
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`2005/0171835, 08/2005, Mook et al.; (xxxx) US 2005/0248444, 11/2005, Joao; (xxxxi)
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`“Technology Executive . . . joins Envirokare as president and Director”, 2 page Envirokare
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`press release dated Sep. 5, 2000; and (xxxxii) “Envirokare Tech Inc. announces additions to
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`advisory board”, 3 page Envirokare press release dated Sep. 7, 2000.
`
`24. After giving full proper credit to the prior art and having conducted a thorough search for all
`
`relevant art and having fully considered the most relevant art known at the time, the United
`
`States Patent Examiner allowed all of the claims of the ’731 Patent to issue. In so doing, it is
`
`presumed that Examiner Trieu used his or her knowledge of the art when examining the
`
`claims. K/S Himpp v. Hear-Wear Techs., LLC, 751 F.3d 1362, 1369 (Fed. Cir. 2014). It is
`
`further presumed that Examiner Trieu has experience in the field of the invention, and that
`
`the Examiner properly acted in accordance with a person of ordinary skill. In re Sang Su
`
`Lee, 277 F.3d 1338, 1345 (Fed. Cir. 2002).
`
`25. The ’731 Patent is a pioneering patent, and has been cited as relevant prior art in over 130
`
`subsequent United States Patent Applications, including Applications assigned to technology
`
`and business leaders such as Google, Inc., AT&T, FedEx, Qualcomm, Inc., Fujitsu, Ltd.,
`
`United Parcel Services of America, American Airlines and NEC Corp.
`
`26. The ’920 Patent was examined by Primary United States Patent Examiner Van T. Trieu.
`
`During the examination of the ’920 Patent, the United States Patent Examiner searched for
`
`prior art in the following US Classifications: 340/539.11, 340/568.1 and 340/572.1.
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`ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT
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`PAGE | 8
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`27. After conducting searches for prior art during the examination of the ’731 Patent, the United
`
`States Patent Examiner identified and cited the following as the most relevant prior art
`
`references found during the searches: (i) US 5,825,283, 10/1998, Camhi; (ii) US 6,046,678,
`
`04/2000, Wilk; (iii) US 6,148,291, 11/2000, Radican; (iv) US 6,323,782, 11/2001, Stephens
`
`et al.; (v) US 6,429,810, 08/2002, De Roche; (vi) US 6,610,954, 08/2003, Takizawa; (vii) US
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`6,745,027, 06/2004, Twitchell, Jr.; and (viii) US 6,882,269, 04/2005, Moreno.
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`28. After giving full proper credit to the prior art and having conducted a thorough search for all
`
`relevant art and having fully considered the most relevant art known at the time, the United
`
`States Patent Examiner allowed all of the claims of the ’920 Patent to issue. In so doing, it is
`
`presumed that Examiner Trieu used his or her knowledge of the art when examining the
`
`claims. K/S Himpp v. Hear-Wear Techs., LLC, 751 F.3d 1362, 1369 (Fed. Cir. 2014). It is
`
`further presumed that Examiner Trieu has experience in the field of the invention, and that
`
`the Examiner properly acted in accordance with a person of ordinary skill. In re Sang Su
`
`Lee, 277 F.3d 1338, 1345 (Fed. Cir. 2002).
`
`29. The ’920 Patent is a pioneering patent, and has been cited as relevant prior art in over 130
`
`subsequent United States Patent Applications, including Applications assigned to technology
`
`and business leaders such as Google, Inc., AT&T, FedEx, Qualcomm, Inc., Fujitsu, Ltd.,
`
`United Parcel Services of America, American Airlines and NEC Corp.
`
`30. The ’029 Patent was examined by Primary United States Patent Examiner Van T. Trieu.
`
`During the examination of the ’029 Patent, the United States Patent Examiner searched for
`
`prior art in the following US Classifications: G08G 1/20, G01S 13/84, G06Q 10/08, G06Q
`
`10/087, G08B 1/08, G08G 1/202, G08G 1/205, H04W 4/02, and H04W 4/021.
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`ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT
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`PAGE | 9
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`Case 2:21-cv-00020-JRG Document 1 Filed 01/28/21 Page 10 of 47 PageID #: 10
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`31. After conducting searches for prior art during the examination of the ’029 Patent, the United
`
`States Patent Examiner identified and cited the following as the most relevant prior art
`
`references found during the searches: (i) US 5,640,002, 06/1997, Ruppert et al.; (ii) US
`
`5,825,283, 10/1998, Camhi; (iii) US 5,959,568, 09/1999, Woolley; (iv) US 6,046,678,
`
`04/2000, Wilk; (v) US 6,148,291, 11/2000, Radican; (vi) US 6,281,797, 08/2001, Forster et
`
`al.; (vii) US 6,304,856, 10/2001, Soga; (viii) US 6,356,802, 03/2002, Takehara; (ix) US
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`6,411,891, 06/2002, Jones; (x) US 6,429,810, 08/2002, De Roche; (xi) US 6,610,954,
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`08/2003, Takizawa; (xii) US 6,745,027, 06/2004, Twitchell, Jr.; (xiii) US 6,748,318,
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`06/2004, Jones; (xix) US 6,859,722, 02/2005, Jones; (xx) US 6,882,269, 04/2005, Moreno;
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`(xxi) US 6,904,359, 06/2005, Jones; (xxii) US 7,035,856, 04/2006, Morimoto; (xxiii) US
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`7,085,775, 08/2006, Short et al.; (xxiv) US 7,212,829, 05/2007, Lau et al.; (xxv) US
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`2002/0046173, 04/2002, Kelly; (xxvi) US 2002/0061758, 05/2002, Zarlengo et al.; (xxvii)
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`US 2002/0120475, 08/2002, Morimoto; and (xxviii) US 2002/0132855, 07/2003, Swan.
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`32. After giving full proper credit to the prior art and having conducted a thorough search for all
`
`relevant art and having fully considered the most relevant art known at the time, the United
`
`States Patent Examiner allowed all of the claims of the ’029 Patent to issue. In so doing, it is
`
`presumed that Examiner Trieu used his or her knowledge of the art when examining the
`
`claims. K/S Himpp v. Hear-Wear Techs., LLC, 751 F.3d 1362, 1369 (Fed. Cir. 2014). It is
`
`further presumed that Examiner Trieu has experience in the field of the invention, and that
`
`the Examiner properly acted in accordance with a person of ordinary skill. In re Sang Su
`
`Lee, 277 F.3d 1338, 1345 (Fed. Cir. 2002).
`
`33. The ’029 Patent is a pioneering patent, and has been cited as relevant prior art in over 130
`
`subsequent United States Patent Applications, including Applications assigned to technology
`
`ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT
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`PAGE | 10
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`Case 2:21-cv-00020-JRG Document 1 Filed 01/28/21 Page 11 of 47 PageID #: 11
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`and business leaders such as Google, Inc., AT&T, FedEx, Qualcomm, Inc., Fujitsu, Ltd.,
`
`United Parcel Services of America, American Airlines and NEC Corp.
`
`34. The ’109 Patent was examined by Primary United States Patent Examiner Van T. Trieu.
`
`During the examination of the ’109 Patent, the United States Patent Examiner searched for
`
`prior art in the following US Classifications: G06Q 10/08, G06Q 10/083, G06Q 10/087,
`
`H04W 4/02, and H04W 4/021.
`
`35. After conducting searches for prior art during the examination of the ’109 Patent, the United
`
`States Patent Examiner identified and cited the following as the most relevant prior art
`
`references found during the searches: (i) US 5,959,568, 09/1999, Woolley; (ii) US 7,035,856,
`
`04/2006, Morimoto; (iii) US 7,212,829, 05/2007, Lau et al.; (iv) US 7,253,731, 08/2007,
`
`Joao; (v) US 9,847,029, 12/2017, Joao; and (vi) US 2002/0120475, 08/2002, Morimoto.
`
`36. After giving full proper credit to the prior art and having conducted a thorough search for all
`
`relevant art and having fully considered the most relevant art known at the time, the United
`
`States Patent Examiner allowed all of the claims of the ’109 Patent to issue. In so doing, it is
`
`presumed that Examiner Trieu used his or her knowledge of the art when examining the
`
`claims. K/S Himpp v. Hear-Wear Techs., LLC, 751 F.3d 1362, 1369 (Fed. Cir. 2014). It is
`
`further presumed that Examiner Trieu has experience in the field of the invention, and that
`
`the Examiner properly acted in accordance with a person of ordinary skill. In re Sang Su
`
`Lee, 277 F.3d 1338, 1345 (Fed. Cir. 2002).
`
`37. The ’109 Patent is a pioneering patent, and has been cited as relevant prior art in over 130
`
`subsequent United States Patent Applications, including Applications assigned to technology
`
`and business leaders such as Google, Inc., AT&T, FedEx, Qualcomm, Inc., Fujitsu, Ltd.,
`
`United Parcel Services of America, American Airlines and NEC Corp.
`
`ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT
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`PAGE | 11
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`Case 2:21-cv-00020-JRG Document 1 Filed 01/28/21 Page 12 of 47 PageID #: 12
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`38. The ’268 Patent was examined by Primary United States Patent Examiner Van T. Trieu.
`
`During the examination of the ’268 Patent, the United States Patent Examiner searched for
`
`prior art in the following US Classifications: G06Q 10/08 and G06Q 10/083.
`
`39. After conducting searches for prior art during the examination of the ’268 Patent, the United
`
`States Patent Examiner identified and cited the following as the most relevant prior art
`
`references found during the searches: (i) US 5,959,568, 09/1999, Woolley; (ii) US 6,148,291,
`
`1/2000, Radican; (iii) US 6,492,904, 12/2002, Richards; (iv) US 7,035,856, 04/2006,
`
`Morimoto; (v) US 10,181,109, 01/2019, Joao; and (vi) US 2002/0111819, 08/2002, Li.
`
`40. After giving full proper credit to the prior art and having conducted a thorough search for all
`
`relevant art and having fully considered the most relevant art known at the time, the United
`
`States Patent Examiner allowed all of the claims of the ’268 Patent to issue. In so doing, it is
`
`presumed that Examiner Trieu used his or her knowledge of the art when examining the
`
`claims. K/S Himpp v. Hear-Wear Techs., LLC, 751 F.3d 1362, 1369 (Fed. Cir. 2014). It is
`
`further presumed that Examiner Trieu has experience in the field of the invention, and that
`
`the Examiner properly acted in accordance with a person of ordinary skill. In re Sang Su
`
`Lee, 277 F.3d 1338, 1345 (Fed. Cir. 2002).
`
`41. The ’268 Patent is a pioneering patent, and has been cited as relevant prior art in over 130
`
`subsequent United States Patent Applications, including Applications assigned to technology
`
`and business leaders such as Google, Inc., AT&T, FedEx, Qualcomm, Inc., Fujitsu, Ltd.,
`
`United Parcel Services of America, American Airlines and NEC Corp.
`
`42. The claims of the Transcend Patents were all properly issued, and are valid and enforceable
`
`for the respective terms of their statutory life through expiration, and are enforceable for
`
`purposes of seeking damages for past infringement even post-expiration. See, e.g., Genetics
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`ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT
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`PAGE | 12
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`Case 2:21-cv-00020-JRG Document 1 Filed 01/28/21 Page 13 of 47 PageID #: 13
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`Institute, LLC v. Novartis Vaccines and Diagnostics, Inc., 655 F.3d 1291, 1299 (Fed. Cir.
`
`2011) (“[A]n expired patent is not viewed as having ‘never existed.’ Much to the contrary, a
`
`patent does have value beyond its expiration date. For example, an expired patent may form
`
`the basis of an action for past damages subject to the six-year limitation under 35 U.S.C. §
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`286”) (internal citations omitted).
`
`43. The expiration dates of the Transcend Patents are at least the following: the ’731 Patent
`
`expired on August 7, 2019 due to nonpayment of maintenance fees; the ’920 Patent expires
`
`no earlier than April 27, 2022; the ’029 Patent expires no earlier than November 1, 2023; the
`
`’109 Patent expires no earlier than January 22, 2022; and the ’268 Patent expires no earlier
`
`than January 22, 2022.
`
`
`
`ACCUSED INSTRUMENTALITIES
`
`44. Upon information and belief, OOCL sells, advertises, offers for sale, uses, or otherwise
`
`provides smart containers (“shipment conveyance devices”) for shipping and/or delivering
`
`goods, products, items, and/or other objects that infringe the Transcend Patents (“Accused
`
`Instrumentalities”).
`
`COUNT I
`
`(Infringement of U.S. Patent No. 10,181,109)
`
`45.
`
`Plaintiff incorporates the above paragraphs by reference.
`
`46. OOCL has been on actual notice of the ’109 Patent at least as early as the date it received
`
`service of this Original Complaint.
`
`47. On information and belief, OOCL owns and controls the operation of the Accused
`
`Instrumentalities and generates substantial financial revenues therefrom.
`
`ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT
`
`PAGE | 13
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`

`

`Case 2:21-cv-00020-JRG Document 1 Filed 01/28/21 Page 14 of 47 PageID #: 14
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`48. Upon information and belief, OOCL has directly infringed and continues to directly infringe
`
`at least claims 1, 8, 10, 13 and 14 of the ’109 Patent by making, using, importing, selling,
`
`and/or, offering for sale the Accused Instrumentalities.
`
`49. OOCL, with knowledge of the ’109 Patent, also infringes at least claims 1, 8, 10 and 14 of
`
`the ’109 Patent by inducing others to infringe the ’109 Patent. In particular, OOCL intends
`
`to induce its customers to infringe the ’109 Patent by encouraging its customers to use the
`
`Accused Instrumentalities in a manner that results in infringement.
`
`50. OOCL also induces others, including its customers, to infringe at least claims 1, 8, 10 and 14
`
`of the ’109 Patent by providing technical support for the use of the Accused
`
`Instrumentalities.
`
`51. Upon information and belief, OOCL makes, uses, sells and offers for sale an apparatus,
`
`comprising, a shipment conveyance device, wherein the shipment conveyance device is a
`
`shipping container, a pallet, or a piece of luggage. For example, OOCL provides shipping
`
`containers (“shipment conveyance devices”) for shipping and/or delivering goods, products,
`
`items, and/or other objects that are equipped with monitoring devices (e.g., sensors) that
`
`monitor certain parameters in the container. See Figures 2-4 below, which are screenshots of
`
`webpages associated with OOCL.
`
`ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT
`
`PAGE | 14
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`

`

`Case 2:21-cv-00020-JRG Document 1 Filed 01/28/21 Page 15 of 47 PageID #: 15
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`
`
`
`
`Figure 22
`
`
`Figure 33
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`
`
`2 Source, as visited on January 27, 2021:
`http://ebook.oocl.com/myooclreefer_leaflet_nov/mobile/index.html#p=1
`
` Source, as visited on January 27, 2021:
`http://ebook.oocl.com/myooclreefer_leaflet_nov/mobile/index.html#p=2
`
` 3
`
`ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT
`
`PAGE | 15
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`

`

`Case 2:21-cv-00020-JRG Document 1 Filed 01/28/21 Page 16 of 47 PageID #: 16
`
`
`Figure 44
`
`
`
`Figure 55
`
`
`
`
`
`
`
`4 Source, as visited on January 27, 2021:
`http://ebook.oocl.com/myooclreefer_leaflet_nov/mobile/index.html#p=2
`
` 5
`
` Source, as visited on January 27, 2021:
`http://ebook.oocl.com/reefer_leaflet2010_eng_f_reprint_pgs/mobile/index.html#p=1
`
`
`ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT
`
`PAGE | 16
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`

`

`Case 2:21-cv-00020-JRG Document 1 Filed 01/28/21 Page 17 of 47 PageID #: 17
`
`
`Figure 66
`
`52. Upon information and belief, OOCL provides a global positioning device, wherein the global
`
`
`
`positioning device is located in, on, or at, the shipment conveyance device, and further
`
`wherein the global positioning device determines a position or location of the shipment
`
`conveyance device. For example, OOCL equips its shipping containers with monitoring
`
`devices that include a global positioning device. Further, OOCL provides an online platform
`
`(“My OOCL Center”) which is used by customers to track and trace their cargo. See Figures
`
`2-4 above. See also Figures 7 and 8 below, which are screenshots of webpages associated
`
`with OOCL.
`
`
`
`Figure 77
`
`
`6 Source, as visited on January 27, 2021:
`http://ebook.oocl.com/perfect_climate_2012_r2_pgs/mobile/index.html#p=2
`
`
`
`
`ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT
`
`PAGE | 17
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`

`

`Case 2:21-cv-00020-JRG Document 1 Filed 01/28/21 Page 18 of 47 PageID #: 18
`
`
`
`Figure 88
`
`
`
`53. Upon information and belief, OOCL provides a processor, wherein the processor generates a
`
`message in response to an occurrence of the event or in response to a request for information
`
`regarding the shipment conveyance device, wherein the request for information is
`
`automatically received by the receiver, wherein the message contains information regarding a
`
`position or location of the shipment conveyance device. For example, OOCL’s shipping
`
`containers are fitted with monitoring devices (“processing devices”) which measure
`
`information related to the shipping container, including one or more of, but not limited to,
`
`temperature and relative humidity and sends that information to OOCL’s central servers.
`
`Therefore, OOCL provides a processor which processes information regarding the shipment
`
`conveyance device. As a further example, OOCL’s shipping containers equipped with
`
`monitoring devices detect an event including one or more of, but not limited to, temperature
`
`and relative humidity and, in response to the detected event, send alerts (“message”)
`
`containing information about the event to the customers of OOCL. Therefore, OOCL
`
`provides a processor which generates a message in response to occurrence of an event and
`
`
`7 Source, as visited on January 27, 2021:
`http://ebook.oocl.com/perfect_climate_2012_r2_pgs/mobile/index.html#p=1
`8 Source, as visited on January 27, 2021:
`http://ebook.oocl.com/perfect_climate_2012_r2_pgs/mobile/index.html#p=2
`
`ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT
`
`PAGE | 18
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`

`

`Case 2:21-cv-00020-JRG Document 1 Filed 01/28/21 Page 19 of 47 PageID #: 19
`
`the message contains information regarding the position and location of the shipment
`
`conveyance device. As a further example, OOCL’s shipping containers, fitted with
`
`monitoring devices, measure information using sensors including one or more of, but not
`
`limited to, a humidity sensor and a temperature sensor, and transmit information in the form
`
`of alerts to OOCL’s customers after a request for information is received by OOCL
`
`automatically. Therefore, OOCL provides a receiver which receives a request for information
`
`automatically. See Figures 2-4, 7 and 8 above. See also Figures 9 and 10 below, which are
`
`screenshots of webpages associated with OOCL.
`
`
`
`Figure 99
`
`
`
`
`9 Source, as visited on January 27, 2021:
`https://www.oocl.com/eng/aboutoocl/ooclit/project/Pages/MyOOCLReefer.aspx
`
`
`ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT
`
`PAGE | 19
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`

`

`Case 2:21-cv-00020-JRG Document 1 Filed 01/28/21 Page 20 of 47 PageID #: 20
`
`Figure 1010
`
`
`
`54. Upon information and belief, OOCL provides a transmitter, wherein the transmitter is located
`
`in, on, or at, the shipment conveyance device, and further wherein the transmitter transmits
`
`the message to a communication device associated with an owner of the shipment
`
`conveyance device, a receiver of the shipment conveyance device, or an individual
`
`authorized to receive the message. For example, OOCL’s shipping containers (“shipment
`
`conveyance device”), fitted with monitoring devices, send information (“message”) including
`
`one or more of, but not limited to, location, temperature and humidity, to OOCL’s customers.
`
`As a result, the customers monitor their shipments present in the shipping containers using a
`
`dashboard/portal (provided through My OOCL Center). Therefore, OOCL provides a
`
`transmitter for transmitting a message to a communication device associated with an owner
`
`or an individual authorized to receive the message. See Figures 2-4 and 7-10 above.
`
`
`10 Source, as visited on January 27, 2021:
`http://ebook.oocl.com/perfect_climate_2012_r2_pgs/mobile/index.html#p=2
`
`
`
`ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT
`
`PAGE | 20
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`

`

`Case 2:21-cv-00020-JRG Document 1 Filed 01/28/21 Page 21 of 47 PageID #: 21
`
`55. Upon information and belief, OOCL provides a sensor, wherein the sensor monitors or
`
`measures a temperature during a shipment or a transportation of the shipment conveyance
`
`device, a shock exerted on the shipment conveyance device, an impact exerted on the
`
`shipment conveyance device, or a force exerted on the shipment conveyance device. For
`
`example, OOCL’s shipping containers equipped with monitoring devices include at least one
`
`or more of, but not limited to, a temperature sensor and