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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`SHERMAN DIVISION
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`Case No:
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`PATENT CASE
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`GEOGRAPHIC LOCATION
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`INNOVATIONS LLC,
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`Plaintiff,
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`vs.
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`PRO IMAGE FRANCHISE, L.C.,
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`Defendant.
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`_____________________________________ §
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`COMPLAINT
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`Plaintiff Geographic Location Innovations LLC (“Plaintiff” or “GLI”) files this
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`Complaint against Pro Image Franchise, L.C., (“Defendant” or “Pro Image”) for infringement of
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`United States Patent No. 7,917,285 (hereinafter “the ‘285 Patent”).
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`PARTIES AND JURISDICTION
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`1.
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`This is an action for patent infringement under Title 35 of the United States Code.
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`Plaintiff is seeking injunctive relief as well as damages.
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`2.
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`Jurisdiction is proper in this Court pursuant to 28 U.S.C. §§ 1331 (Federal
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`Question) and 1338(a) (Patents) because this is a civil action for patent infringement arising
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`under the United States patent statutes.
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`3.
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`Plaintiff is a Texas limited liability company with a virtual office located at 1801
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`NE 123rd Street, Suite 314, North Miami, FL 33161.
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`4.
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`On information and belief, Defendant is a Utah limited company with a place of
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`business located at 1310 W 233 N, Ste. 200, Centerville, UT 84014.
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`5.
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`On information and belief, this Court has personal jurisdiction over Defendant
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`Case 4:21-cv-00188-SDJ Document 1 Filed 03/09/21 Page 2 of 12 PageID #: 2
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`because Defendant has committed, and continues to commit, acts of infringement in this District,
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`has conducted business in this District, and/or has engaged in continuous and systematic
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`activities in this District.
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`6.
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`On information and belief, Defendant’s instrumentalities that are alleged herein
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`to infringe were and continue to be used, imported, offered for sale, and/or sold in this District.
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`VENUE
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`7.
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`On information and belief, venue is proper in this District under 28 U.S.C. §
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`1400(b) because acts of infringement are occurring in this District and Defendant has a regular
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`and established place of business in this District. For example, Defendant’s franchises are
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`uniformly known as Pro Image Sports and one of such franchises has a regular and established
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`place of business at Music City Mall, Lewisville, TX, 2401 S Stemmons Fwy., Unit 114,
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`Lewisville Texas 75067.
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`COUNT I
`(INFRINGEMENT OF UNITED STATES PATENT NO. 7,917,285)
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`Plaintiff incorporates paragraphs 1 through 7 herein by reference.
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`This cause of action arises under the patent laws of the United States and, in
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`8.
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`9.
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`particular, under 35 U.S.C. §§ 271, et seq.
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`10.
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`Plaintiff is the owner by assignment of the ‘285 Patent with sole rights to enforce
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`the ‘044 Patent and sue infringers.
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`11.
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`A copy of the ‘285 Patent, titled “Device, System and Method for Remotely
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`Entering, Storing and Sharing Addresses for a Positional Information Device,” is attached hereto
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`as Exhibit A.
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`12.
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`The ‘285 Patent is valid, enforceable, and was duly issued in full compliance with
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`Title 35 of the United States Code.
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`Case 4:21-cv-00188-SDJ Document 1 Filed 03/09/21 Page 3 of 12 PageID #: 3
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`13.
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`On March 29, 2011, the United States Patent & Trademark Office (USPTO) duly
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`and legally issued the ‘285 Patent.
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`14.
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`The ‘285 Patent teaches a method and apparatus for storing and sharing addresses
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`for a positional information device. Among other things, the claimed system allows a user to
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`request an address, such as the address for a store, from a server. The server determines the
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`requested address and transmits it to the positional information device. The device receives the
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`address and the system determines route guidance to the store address based at least in part on
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`the location of the positional information device. The server also receives a time and date
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`associated with the address request.
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`15.
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`The ‘285 Patent invention solves problems that existed with then-existing
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`navigation systems associate with having address information loaded onto a positional
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`information device (such as a GPS-equipped mobile phone). Problems arose due to a number
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`of different factors including: (1) disparate navigational devices; (2) navigational devices that
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`required preprogramming of address information; (3) the use of different vehicles by one or more
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`users all going to the same address; and (4) users needing address information downloaded while
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`driving. See, ‘285 Patent Specification, 1:35-2:13.
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`16.
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`At the time of the invention claimed in the ‘285 Patent, telematics enabled a
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`central processing center to provide certain services such as help with directions and tracking
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`stolen vehicles. Telematics, however, did not provide address downloads and associated route
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`guidance to stores to a user’s mobile phone. The claimed invention provides these features and
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`overcomes problems associated with prior systems.
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`17.
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`The ‘285 Patent is directed to computerized technologies to provide users with
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`easy access to address downloads and associated route guidance. Among other things, the ‘285
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`Case 4:21-cv-00188-SDJ Document 1 Filed 03/09/21 Page 4 of 12 PageID #: 4
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`Patent claims (in Claim 13 for example), a system for entering location information into a
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`positional information device. The system includes a server, which is configured to receive an
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`address request, to determine the address of at least one location, and to transmit that address to
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`the positional information device. The positional information device includes: (1) a location
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`information module for determining the location of the device; (2) a communication module for
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`receiving the information from the server; (3) a processing module for receiving the at least one
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`determined address and for determining route guidance based at least in part on the location of
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`the device; (4) a display module for displaying the route guidance; and (5) a communication
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`network to couple the device to the server. Collectively, these components operate in a way that
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`was neither generic, nor well-known, at least at the time of the invention. Moreover, certain
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`individual components (e.g., the processing module and the server) operate in a way that is
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`neither generic nor well-known.
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`18.
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`The ‘285 Patent solves problems with the art that are rooted in computer
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`technology and that are associated with electronic transmission, loading, and storage of location
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`information, as well as automatic provisioning of route guidance. The ‘285 Patent claims do not
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`merely recite the performance of some business practice known from the pre-Internet world
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`along with the requirement to perform it on the Internet.
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`19.
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`The ‘285 Patent invention includes include software and hardware that do not
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`operate in a conventional manner.
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`20.
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`The improvements of the ‘285 Patent and the features recited in the claims of the
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`‘285 Patent provide improvements to conventional hardware and software systems and methods.
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`The improvements render the claimed invention of the ‘285 Patent non-generic in view of
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`conventional components.
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`21.
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`The improvements of the ‘285 Patent and the features recited in the claims of the
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`’285 Patent would not be well-understood, routine or conventional to one of ordinary skill in the
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`art at the time of the invention.
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`22.
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`Upon information and belief, Defendant has infringed and continues to infringe
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`one or more claims, including at least Claim 13, of the ‘285 Patent by making, using (at least by
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`having its employees, or someone under Defendant's control, test the System), importing, selling,
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`and/or offering for sale a website with associated hardware and software embodied, for example,
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`in its store locator system (the “System”) covered by at least Claim 13 of the ‘285 Patent. The
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`System
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`is used,
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`for
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`example,
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`in
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`connection with Defendant’s website
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`at
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`https://franchise.proimagesports.com/store-locator/. Defendant has infringed and continues to
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`infringe the ‘285 patent either directly or through acts of contributory infringement or
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`inducement in violation of 35 U.S.C. § 271.
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`23.
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`The System includes the mobile website and associated hardware. These tools
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`provide a route planner mobile application. This application provides for remote entry of location
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`information, such as destination into a positional information device such as, for example, a
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`computer or smart phone in which users can find stores. The website automatically loads
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`available routes onto the positional information device based on the user’s location. Certain
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`aspects of this element are illustrated in the screenshot(s) below and/or in those provided in
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`connection with other allegations herein.
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`Case 4:21-cv-00188-SDJ Document 1 Filed 03/09/21 Page 6 of 12 PageID #: 6
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`24.
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`The System includes one or more servers that receive a request for an address
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`such as destination (i.e., an address of a location not stored within the positional device, such as
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`a smartphone). The server determines the address of the destination (i.e., address of the at least
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`one location) and transmits the determined address to the positional information device. The
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`user can see (on the positional information device) a visual indication of the destination in a map.
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`Certain aspects of this element are illustrated in the screenshot(s) below and/or in those provided
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`in connection with other allegations herein.
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`25.
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`The server(s) determine the address(es) and transmits the determined address to
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`the positional information device (e.g., smartphone). For example, the server(s) transmits to the
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`positional information device a visual indication of the location on a map. Certain aspects of
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`this element are illustrated in the screenshot(s) below and/or in those provided in connection
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`with other allegations herein.
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`26.
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`The Product includes a locational information module for determining the
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`location information of the positional information device. For example, the system installed on
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`the smartphone (i.e., positional information device) is able to utilize the GPS location (i.e.,
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`location information module) to determine the location of the smartphone (i.e., positional
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`information device). Certain aspects of this element are illustrated in the screenshot(s) below
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`and/or in those provided in connection with other allegations herein.
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`27.
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`The user’s device (i.e., position information device) on which the application is
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`installed, uses the cellular network communication transceiver (i.e., communication module)
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`through which the smartphone (i.e., the positional information device) receives the address of
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`the destination (i.e., location address). Certain aspects of this element are illustrated in the
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`screenshot(s) below and/or in those provided in connection with other allegations herein.
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`28.
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`The System includes a processing module (e.g., mapping software and the mobile
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`website), which receives the determined address(es) from the communication module. The
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`processing module determines route guidance based on the location of the positional information
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`device and the determined address(es). Certain aspects of this element are illustrated in the
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`screenshot(s) below and/or in those provided in connection with other allegations herein.
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`29.
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`The System includes a display module (e.g., screen on the positional information
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`device) for displaying the route guidance. Certain aspects of this element are illustrated in the
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`screenshot(s) provided in connection with other allegations herein.
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`30.
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`The System includes a communications network (e.g., cellular network and/or
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`Internet) for coupling the positional information device to the server(s). Certain aspects of this
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`element are illustrated in the screenshot(s) below and/or in those provided in connection with
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`other allegations herein.
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`31.
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`The server(s) receives a time and date (e.g., the time and date of the request for a
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`location) associated with the requested location and transmits the associated time and date with
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`the determined address (i.e., destination) by the help of maps (i.e., communication module) to
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`the positional information device (i.e., smartphone) and the positional information device
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`displays the determined address at the associated time and date. Certain aspects of this element
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`are illustrated in the screenshot(s) below and/or in those provided in connection with other
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`allegations herein.
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`32.
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`Defendant’s actions complained of herein will continue unless Defendant is
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`enjoined by this court.
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`33.
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`Defendant’s actions complained of herein are causing irreparable harm and
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`monetary damage to Plaintiff and will continue to do so unless and until Defendant is enjoined
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`and restrained by this Court.
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`34.
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`Plaintiff is in compliance with 35 U.S.C. § 287.
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`PRAYER FOR RELIEF
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`WHEREFORE, Plaintiff asks the Court to:
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`(a)
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`Enter judgment for Plaintiff on this Complaint on all causes of action asserted
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`herein;
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`(b)
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`Enter an Order enjoining Defendant, its agents, officers, servants, employees,
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`attorneys, and all persons in active concert or participation with Defendant who receive notice
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`of the order from further infringement of United States Patent No. 7,917,285 (or, in the
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`alternative, awarding Plaintiff a running royalty from the time of judgment going forward);
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`(c)
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`Award Plaintiff damages resulting from Defendant’s infringement in accordance
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`with 35 U.S.C. § 284;
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`Award Plaintiff pre-judgment and post-judgment interest and costs; and
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`Award Plaintiff such further relief to which the Court finds Plaintiff entitled under
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`(d)
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`(e)
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`law or equity.
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`Dated: March 9, 2021
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` Respectfully submitted,
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`/s/Jay Johnson
`JAY JOHNSON
`State Bar No. 24067322
`KIZZIA JOHNSON, PLLC
`1910 Pacific Ave., Suite 13000
`Dallas, Texas 75201
`(214) 451-0164
`Fax: (214) 451-0165
`jay@kjpllc.com
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`ATTORNEYS FOR PLAINTIFF
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