Case 6:16-cv-00095-RWS Document 1 Filed 03/01/16 Page 1 of 13 PageID #: 1
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`P&RO SOLUTIONS GROUP, INC.,
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`Plaintiff,
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`v.
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`CiM Maintenance Inc.,
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`Defendant.
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`Civ. Action No._____________
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`Jury Trial Demanded
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TYLER DIVISION
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`COMPLAINT FOR PATENT INFRINGEMENT
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`P&RO Solutions Group, Inc. (hereinafter “Plaintiff”), files this Complaint for patent
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`infringement against CiM Maintenance Inc. (hereinafter “Defendant”), and, in support
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`thereof, further states and alleges as follows:
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`THE PARTIES
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`1.
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`Plaintiff, P&RO Solutions Group, Inc., is a corporation incorporated in the
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`State of Pennsylvania, with its principal place of business located at 51 Street Road, Newton
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`Square, PA 19073.
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`2.
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`Upon information and belief, Defendant CiM Maintenance Inc., is a
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`corporation incorporated in the country of Canada. The registered office address of
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`Defendant CiM Maintenance Inc. is 6300 Auteuil Bureau 201, Brossard QC J4Z 3P2,
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`Canada.
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`JURISDICTION AND VENUE
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`3.
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`This is a civil action for patent infringement under the laws of the United
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`States, Title 35 United States Code §§ 1, et seq.
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`4.
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`This Court has subject-matter jurisdiction over this action under 28 U.S.C.
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`§§ 1331 (federal question) and 1338(a) (patent-exclusive jurisdiction).
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`5.
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`This Court has personal jurisdiction over the Defendant, CiM Maintenance
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`Inc., because it selected an internet sales presence specifically designed to reach millions of
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`prospective customers including, in particular, customers who are citizens of and/or reside
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`within the State of Texas, including the Eastern District of Texas.
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`6.
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`Further, Defendant, CiM Maintenance Inc., directly ships, distributes, offers
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`for sale, sells, and advertises its infringing systems in the United States, the State of Texas,
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`and the Eastern District of Texas through its publicly available website,
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`http://cimmaintenance.com, and by sending representatives to market its infringing systems
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`into the State of Texas, as evidenced by its official Twitter feed, @CiMMaintenance, shown
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`below. This Twitter handle offers a general, non-comprehensive chronological summary of
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`Defendant CiM Maintenance Inc.’s commercial and business activities in the United States,
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`the State of Texas, and in this District. Defendant CiM Maintenance Inc.’s Twitter post from
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`November 14, 2013, publicly visible on CiM Maintenance Inc.’s Twitter feed and on its
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`website, admits that it sent “Jean,” on information and belief, Jean Charbonneau, the
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`President of CiM Maintenance Inc., to the State of Texas to market and offer for sale
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`Defendant’s infringing systems to customers in the State of Texas.
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`7.
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`Defendant, CiM Maintenance Inc. has purposefully and voluntarily placed one
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`or more of its infringing systems, as described below, into the stream of commerce with the
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`expectation that they will be purchased and used by consumers in the United States, the State
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`of Texas, and the Eastern District of Texas.
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`8.
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`As specified below, Defendant, CiM Maintenance Inc., has committed acts of
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`patent infringement within the State of Texas and, more particularly, within the Eastern
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`District of Texas.
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`9.
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`The Court therefore has personal jurisdiction over the Defendant, CiM
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`Maintenance Inc., under, at least, the Texas long-arm statute, TEX. CIV. PRAC. & REM. CODE
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`§ 17.042.
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`10.
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`Venue is proper under 28 U.S.C. §§ 1391(b) and (c) and § 1400(b), because
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`the Defendant, CiM Maintenance Inc., is subject to personal jurisdiction in this judicial
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`district and because the Defendant CiM Maintenance Inc., is not resident in the United States.
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`FACTUAL BACKGROUND
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`11.
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`On June 26, 2012, the United States Patent and Trademark Office duly
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`and legally issued U.S. Patent No. 8,209,205, entitled “Planning and Scheduling Tool
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`Assistant Assuring High Utilization of Resources” (“the ’205 Patent”). A true and correct
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`copy of the ’205 Patent is attached hereto as Exhibit A.
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`12.
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`Plaintiff, P&RO Solutions Group, Inc., is the owner by assignment of the ’205
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`Patent.
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`13.
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`The ‘205 Patent is directed to a planning and scheduling system for managing
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`work orders, status planning, and resource management. Using the system, a user can, for
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`example, manage, coordinate, and control workers, work orders, and other scheduling tasks.
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`14.
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`Plaintiff, P&RO Solutions Group, Inc. offers a product having a planning and
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`scheduling system, known as “Planning and Scheduling Tool Assistant” (PaSTA®). Based on
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`information and belief, Plaintiff has complied with 35 U.S.C. § 287(a) with respect to the
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`PaSTA® product since at least as early as August 2012.
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`15.
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`Defendant, CiM Maintenance Inc., engages in electronic commerce conducted
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`on and using at least, but not limited to, its website, http://cimmaintenance.com/, in the
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`United States, the State of Texas, and in this District.
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`16.
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`Defendant, CiM Maintenance Inc., owns, operates, and/or directs the operation
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`of the website, http://cimmaintenance.com/, in the United States, the State of Texas and in
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`this District.
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`17.
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`Defendant, CiM Maintenance Inc., provides access to its website,
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`http://cimmaintenance.com/, in the United States, the State of Texas and in this District.
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`18.
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`Defendant, CiM Maintenance Inc., offers for sale a product having a planning
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`and scheduling system, referred to as “Visual Planner Suite,” through its website,
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`http://cimmaintenance.com/visual-planner-suite/, in the United States, the State of Texas and
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`in this District.
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`COUNT I: DIRECT INFRINGEMENT OF THE ’205 PATENT
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`19.
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`Plaintiff incorporates by this reference the averments set forth in paragraphs 1
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`through 18.
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`20.
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`Defendant has infringed claims 1-20 of the ’205 Patent in this District and
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`elsewhere by, at least, making, selling, offering for sale, and/or importing a system for
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`planning and scheduling under the name, “Visual Planner Suite.”
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`21.
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`According to its website explaining Defendant’s infringing systems,
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`http://cimmaintenance.com/visual-planner-suite/, the Visual Planner Suite allows users to
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`perform planning, scheduling, and supervision tasks to manage daily maintenance activities.
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`Further, the Visual Planner Suite is an application that runs with the IBM Maximo ecosystem,
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`producing a user interface that the customer can use to implement various planning,
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`scheduling, and supervision tasks, such as management of a work week section, scheduled
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`job section, unscheduled job section, short notice outage section, planned outage section, and
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`work orders. Using the Visual Planner Suite’s user interface, a customer can drag and drop
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`work orders from one week section and another, as well from scheduled to unscheduled job
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`sections, from short notice outage to planned outage sections, and to backlog sections.
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`22.
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`Furthermore, Visual Planner Suite displays scheduled job section
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`simultaneously with the unscheduled job section, provides a real time indication of resource
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`loading, where that resource loading may be determined based on whether a customer’s work
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`group has been overloaded with too much work. Visual Planner Suite also includes features
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`through which it implements color coding to indicate the status of planning a work order and
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`can indicate when a work order is complete and ready to work. Color coding rules in Visual
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`Planner Suite are controlled by the customer.
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`23.
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`Visual Planner Suite runs on one or more computers that may be part of a
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`broader computer network and in communication with a database server. The one or more
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`computers on which Visual Planner Suite runs allow for customer control of all of the above-
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`mentioned features through the user interface. Visual Planner Suite further has a
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`management control for executing work week sections. Moreover, the sections that appear
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`on the Visual Planner Suite are user configurable to display planning and scheduling data in a
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`variety of ways, including using tabs that select for certain data. Visual Planner Suite
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`additionally provides customers with the ability to insert work orders into a time
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`disconnected work week schedule in advance of being assigned to a fixed schedule. Further,
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`customers can use content filters on data in Visual Planner Suite to print out work order data.
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`The sections in Visual Planner Suite are also configurable by the customer and a single
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`configuration can be shared by all of the customer’s users.
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`24.
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`Visual Planner Suite provides a system for a supervisor of the resources
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`executing the work of an order to manage the work week. Visual Planner Suite also provides
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`customers with a section for the assignment of specific resources to each work order
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`scheduled for that work week on a specific day and time, and also provides a section to track
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`emergent work, such as sponsored work and emergency work, that occurs during a work
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`week. Visual Planner Suite can further provide customers with calculations and trends of
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`performance indicators and metrics, as well as identifying when resources for work are
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`unavailable due to personnel vacation, holiday, sick, training, or equipment resource
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`unavailability. Exemplary screenshots of the Visual Planner Suite are provided below,
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`showing the infringing components of the Visual Planner Suite in operation. The first
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`screenshot is reproduced with original annotations. The second screenshot has been
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`annotated by Plaintiff to highlight infringing instrumentalities.
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`25.
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`Upon information and belief, Defendant offers for sale, sells, and makes the
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`above-described infringing systems by actively soliciting specifications from customers,
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`working closely on-site and off-site with customers, while further actively monitoring and
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`maintaining its infringing systems. Upon information and belief, Defendant provides
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`extensive technical support and comprehensive software assistance in building its systems
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`into the customer’s preexisting computer infrastructure.
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`26.
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`As a direct and proximate result of Defendant’s acts of infringing the ’205
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`Patent, Plaintiff has suffered injury and monetary damages for which Plaintiff is entitled to
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`damages adequate to compensate for Defendant’s infringement but in no event less than a
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`reasonable royalty.
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`27.
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`Upon information and belief, Defendant has knowingly, willfully,
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`and deliberately infringed the ’205 Patent in conscious disregard of Plaintiff’s rights, making
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`this case exceptional within the meaning of 35 U.S.C. § 285 and justifying treble damages
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`pursuant to 35 U.S.C. § 284.
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`28.
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`Defendant will continue to directly infringe the ’205 Patent, causing
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`immediate and irreparable harm to Plaintiff unless this Court enjoins and restrains
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`Defendant’s activities, specifically the acts of making, selling, offering for sale, and/or
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`importing as mentioned above.
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`29.
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`Plaintiff will suffer and is suffering irreparable harm from Defendant’s
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`infringement of the ’205 Patent. Plaintiff has no adequate remedy at law and is entitled to an
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`injunction against Defendant’s continuing infringement of the ’205 Patent. Unless enjoined,
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`Defendant will continue its infringing conduct.
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`COUNT II: ACTIVE INDUCEMENT OF INFRINGEMENT OF THE ’205 PATENT
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`30.
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`Plaintiff incorporates by this reference the averments contained in paragraphs
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`1 through 29.
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`31.
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`Under 35 U.S.C. § 271(b), Defendant has indirectly infringed, and will
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`continue to indirectly infringe claims 1-20 of the ’205 Patent by, inter alia, inducing others to
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`at least use the above-mentioned systems covered by the ’205 Patent in the United States, and
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`distributing, marketing, and/or advertising those systems covered by the ’205 Patent in this
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`District and elsewhere in the United States.
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`32.
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`The customers of Defendant’s infringing systems, Visual Planner Suite,
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`directly infringe the claims of the ’205 Patent by, for example, placing every element of the
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`claimed systems into use, having control over those systems when used, and directly
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`benefiting from the use of those systems.
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`33.
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`Defendant’s infringing systems, Visual Planner Suite, is provided to customers
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`in the United States and offered for sale in this District. The customers of Defendant use
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`Visual Planner Suite, thereby infringing every element of claims 1-20 of the ’205 Patent.
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`34.
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`Upon information and belief, Defendant has been aware of the ‘205 patent and
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`has knowingly encouraged and instructed its customers to use Defendant’s infringing systems
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`in a manner that infringes the ’205 Patent. Exemplary screenshots of the Visual Planner Suite
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`are provided below, showing the infringing components of the Visual Planner Suite in
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`operation. The first screenshot is reproduced with original annotations. The second
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`screenshot has been annotated by Plaintiff to highlight infringing instrumentalities.
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`35.
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`As a direct and proximate result of Defendant’s acts of infringing the ’205
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`Patent, Plaintiff has suffered injury and monetary damages for which Plaintiff is entitled to
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`damages adequate to compensate for Defendant’s infringement but in no event less than a
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`reasonable royalty.
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`36.
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`Upon information and belief, Defendant has knowingly, willfully,
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`and deliberately induced infringed the ’205 Patent in conscious disregard of Plaintiff’s rights,
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`making this case exceptional within the meaning of 35 U.S.C. § 285 and justifying treble
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`damages pursuant to 35 U.S.C. § 284.
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`37.
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`Defendant will continue to induce infringement of the ’205 Patent, causing
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`immediate and irreparable harm to Plaintiff unless this Court enjoins and restrains
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`Defendant’s activities, specifically the acts of making, using, selling, offering for sale, and
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`importing as mentioned above.
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`38.
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`Plaintiff will suffer and is suffering irreparable harm from Defendant’s
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`infringement of the ’205 Patent. Plaintiff has no adequate remedy at law and is entitled to an
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`injunction against Defendant’s continuing infringement of the ’205 Patent. Unless enjoined,
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`Defendant will continue its infringing conduct.
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`COUNT III: CONTRIBUTORY INFRINGEMENT OF THE ’205 PATENT
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`39.
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`Plaintiff incorporates by this reference the averments set forth in paragraphs 1
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`through 38.
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`40.
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`Upon information and belief, Defendant has under 35 U.S.C. § 271(c),
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`indirectly infringed, and continues to indirectly infringe the ’205 Patent by, inter alia, selling
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`to its customers a material component of the system that was especially made or adapted
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`for use in that system, which is not a staple article or commodity of commerce and which has
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`no substantial, non-infringing use.
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`41.
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`Defendant offers for sale and sells Visual Planner Suite to customers in the
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`United States and in this District. Visual Planner Suite is software that is a material
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`component of the claimed systems of claims 1-20 of the ’205 Patent. Visual Planner Suite is
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`a non-staple article of commerce and has no substantial, non-infringing use. The customers
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`of Defendant use Visual Planner Suite, thereby directly infringing claims 1-20 of the ’205
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`Patent.
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`42.
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`Upon information and belief, Defendant had and has knowledge of the ’205
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`Patent, and has sold and distributed Visual Planner Software to customers that it knows are
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`installing the software on computers to create an infringing system under the ‘205 patent,
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`based on the Visual Planner Software.
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`43.
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`As a direct and proximate result of Defendant’s acts of infringing the ’205
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`Patent, Plaintiff has suffered injury and monetary damages for which Plaintiff is entitled to
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`damages adequate to compensate for Defendant’s infringement but in no event less than a
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`reasonable royalty.
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`44.
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`Upon information and belief, Defendant has knowingly, willfully,
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`and deliberately contributed to infringement of the ’205 Patent in conscious disregard of
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`Plaintiff’s rights, making this case exceptional within the meaning of 35 U.S.C. § 285 and
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`justifying treble damages pursuant to 35 U.S.C. § 284.
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`45.
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`Defendant will continue to contribute to infringement of the ’205 Patent,
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`causing immediate and irreparable harm to Plaintiff unless this Court enjoins and restrains
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`Defendant’s activities, specifically the acts of making, using, selling, offering for sale, and
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`importing as mentioned above.
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`46.
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`Plaintiff will suffer and is suffering irreparable harm from Defendant’s
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`infringement of the ’205 Patent. Plaintiff has no adequate remedy at law and is entitled to an
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`injunction against Defendant’s continuing infringement of the ’205 Patent. Unless enjoined,
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`Defendant will continue its infringing conduct.
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`PRAYER FOR RELIEF
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`WHEREFORE, Plaintiff, P&RO Solutions Group, Inc., prays for the following relief:
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`A.
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`A judgment that Defendant has infringed the ’205 Patent directly, or
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`indirectly, by inducement or contributory infringement;
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`B.
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`Award Plaintiff its damages to compensate for Defendant’s infringement of
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`the ’205 Patent pursuant to 35 U.S.C. § 284;
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`C.
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`Find that Defendant’s infringement has been willful and award Plaintiff three
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`times the damages assessed pursuant to 35 U.S.C. § 284;
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`D.
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`Enter an order enjoining the Defendant, its directors, officers, agents,
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`employees, successors, subsidiaries, assigns, affiliates and all persons acting in privity or in
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`concert or participation with any of them from the continued infringement, direct or
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`contributory, or active inducement of infringement by others, of the ’205 Patent;
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`E.
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`That this Court award Plaintiff prejudgment and post-judgment interest on its
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`damages;
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`F.
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`That this Court find that Defendant’s infringement and actions render this case
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`an exceptional case within the meaning of 35 U.S.C. § 285 and that Plaintiff be awarded
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`attorneys’ fees;
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`G.
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`H.
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`That this Court award Plaintiff its costs; and
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`That this Court grant Plaintiff such other and further relief as the Court may
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`deem just and proper.
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`JURY DEMAND
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`Pursuant to Rule 38(b) of the Federal Rules of Civil Procedure, Plaintiff demands that
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`the issues in this case be tried by a jury.
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` /s/ Stephen E. Edwards
`Stephen E. Edwards
`Federal Bar No.: 15840
`Texas Bar No.: 00784008
`BLANK ROME LLP
`717 Texas Avenue, Suite 1400
`Houston, TX 77002
`Telephone: 713.228.6601
`Facsimile: 713.228.6605
`Email: SEdwards@BlankRome.com
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`Dated: March 1, 2016
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`ATTORNEYS FOR PLAINTIFF
`P&RO SOLUTIONS GROUP, INC.
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