Case 6:17-cv-00408-RWS Document 1 Filed 07/10/17 Page 1 of 10 PageID #: 1
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TYLER DIVISION
`
`
`
`FALL LINE PATENTS, LLC,
`
`
`Plaintiff,
`
`
`v.
`
`
`UBER TECHNOLOGIES, INC.,
`
`
`
`CIVIL ACTION NO. 6:17-CV-408
`
`ORIGINAL COMPLAINT FOR
`PATENT INFRINGEMENT
`
`JURY TRIAL DEMANDED
`
`
`Defendant.
`
`
`
`
`
`
`
`ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT
`
`Plaintiff Fall Line Patents, LLC (“Fall Line” or “Plaintiff”) files this original complaint
`
`against Uber Technologies, Inc. (“Uber” or “Defendant”), alleging, based on its own knowledge
`
`as to itself and its own actions and based on information and belief as to all other matters, as
`
`follows:
`
`PARTIES
`
`1.
`
`Fall Line is a limited liability company formed under the laws of the State of
`
`Oklahoma, with its principal place of business at 2121 South Yorktown, #1103, Tulsa,
`
`Oklahoma, 74114.
`
`2.
`
`Defendant Uber Technologies, Inc. is a corporation organized under the laws of
`
`the State of Delaware. It can be served with process by serving its registered agent: CT
`
`Corporation System, 1999 Bryan St., Ste. 900, Dallas, Texas 75201.
`
`JURISDICTION AND VENUE
`
`3.
`
`This is an action for infringement of a United States patent arising under 35
`
`U.S.C. §§ 271, 281, and 284–85, among others. This Court has subject matter jurisdiction of the
`
`action under 28 U.S.C. § 1331 and § 1338(a).
`
`

`

`Case 6:17-cv-00408-RWS Document 1 Filed 07/10/17 Page 2 of 10 PageID #: 2
`
`4.
`
`Venue is proper in this district pursuant to 28 U.S.C. §§ 1391 and 1400(b). Upon
`
`information and belief, Defendant has transacted business in this district and has committed, by
`
`itself or in concert with others, acts of patent infringement in this district. In addition, Uber
`
`maintains numerous regular and established places of business in this district by providing its
`
`ride-sharing service in this district in, for example, Tyler, Texas. In addition, Uber maintains a
`
`regular and established place of business at this district located at: Plano Greenlight Hub, 2301
`
`N. Central Expressway, Suite 145, Plano, Texas 75075.
`
`5.
`
`Defendant is subject to this Court’s specific and general personal jurisdiction
`
`pursuant to due process and/or the Texas Long Arm Statute, due at least to Defendant’s
`
`substantial business in this forum, including: (i) at least a portion of the infringements alleged
`
`herein; and/or (ii) regularly doing or soliciting business, engaging in other persistent courses of
`
`conduct, and/or deriving substantial revenue from goods and services provided to individuals in
`
`Texas and in this district.
`
`THE TECHNOLOGY
`
`6.
`
`The patent-in-suit, U.S. Patent No. 9,454,748 (“the ‘748 Patent”), titled “System
`
`and Method for Data Management,” teaches methods for managing and collecting data from a
`
`remote computing device. Specifically, the invention addresses the need to collect location-
`
`specific information on a variety of hardware and software platforms without the need to create
`
`separate and individualized software for each of the numerous manufacturers of remote
`
`computing devices. The inventor of the ‘748 Patent, as well as its parent applications and patents,
`
`developed systems and methods to enable developers to create a single application that could
`
`function on numerous models of remote computing devices, without the need to create separate
`
`software for each model, as was often required in the prior art.
`
`
`
`2
`
`
`
`

`

`Case 6:17-cv-00408-RWS Document 1 Filed 07/10/17 Page 3 of 10 PageID #: 3
`
`COUNT I
`
`DIRECT INFRINGEMENT OF U.S. PATENT NO. 9,454,748
`
`7.
`
`On September 27, 2016, the ‘748 Patent was duly and legally issued by the United
`
`States Patent and Trademark Office for an invention entitled “System and Method for Data
`
`Management.”
`
`8.
`
`Fall Line is the owner of the ‘748 Patent, with all substantive rights in and to that
`
`patent, including the sole and exclusive right to prosecute this action and enforce the ‘748 Patent
`
`against infringers, and to collect damages for all relevant times.
`
`9.
`
`Defendant made, had made, used, imported, provided, supplied, distributed, sold,
`
`and/or offered for sale apps that include the infringing features (“accused products”). The
`
`accused products include apps that can be used on a variety of remote computing devices and
`
`gather and transmit location-specific information. Defendant’s accused products include, for
`
`example, its Uber app:
`
`
`
`3
`
`
`
`

`

`Case 6:17-cv-00408-RWS Document 1 Filed 07/10/17 Page 4 of 10 PageID #: 4
`
`(Source: https://play.google.com/store/apps/details?id=com.ubercab&hl=en)
`
`
`
`
`
`4
`
`
`
`

`

`Case 6:17-cv-00408-RWS Document 1 Filed 07/10/17 Page 5 of 10 PageID #: 5
`
`
`
`(Source: https://www.uber.com/ride/how-uber-works/)
`
`10.
`
`By doing so, Defendant has directly infringed (literally and/or under the doctrine
`
`of equivalents) at least Claim 19 of the ‘748 Patent. Defendant’s infringement in this regard is
`
`ongoing.
`
`11.
`
`Uber has infringed the ‘748 Patent by making, having made, using, importing,
`
`providing, supplying, distributing, selling or offering for sale systems utilizing a method for
`
`managing data.
`
`12.
`
`The accused products include establishing communications between a handheld
`
`computing device and an originating computer wherein said handheld computing device has a
`
`GPS integral thereto.
`
`
`
`5
`
`
`
`

`

`Case 6:17-cv-00408-RWS Document 1 Filed 07/10/17 Page 6 of 10 PageID #: 6
`
`13.
`
`The accused products include receiving within said handheld computing device a
`
`transmission of a tokenized questionnaire from said originating computer, said tokenized
`
`questionnaire including at least one question requesting location identifying information, said
`
`tokenized questionnaire comprising a plurality of device independent tokens.
`
`14.
`
`The accused products include ending said communications between said handheld
`
`computing device and said originating computer.
`
`15.
`
`The accused products include, after said communications has been ended,
`
`executing at least a portion of said plurality of tokens comprising said questionnaire on said
`
`handheld computing device to collect at least one response from a first user, storing within said
`
`computing device said at least one response from the first user, and using said GPS to
`
`automatically obtain said location identifying information in response to said at least one
`
`question that requests location identifying information.
`
`16.
`
`The accused products include establishing communications between said
`
`handheld computing device and a recipient computer.
`
`17.
`
`The accused products include transmitting a value representative of each of said at
`
`least one response stored within said handheld computing device to said recipient computer.
`
`18.
`
`The accused products include, after receipt of said transmission, transmitting a
`
`notice of said received value representative of each of said at least one response to a second user
`
`19.
`
`Fall Line has been damaged as a result of the infringing conduct by Defendant
`
`alleged above. Thus, Defendant is liable to Fall Line in an amount that adequately compensates
`
`it for such infringements, which, by law, cannot be less than a reasonable royalty, together with
`
`interest and costs as fixed by this Court under 35 U.S.C. § 284.
`
`
`
`6
`
`
`
`

`

`Case 6:17-cv-00408-RWS Document 1 Filed 07/10/17 Page 7 of 10 PageID #: 7
`
`20.
`
`Fall Line and/or its predecessors-in-interest have satisfied all statutory obligations
`
`required to collect pre-filing damages for the full period allowed by law for infringement of the
`
`‘748 Patent.
`
`ADDITIONAL ALLEGATIONS REGARDING DIRECT INFRINGEMENT
`
`21.
`
`Defendant has also directly infringed the ‘748 Patent by exercising direction or
`
`control over the use of the accused products by its customers. When Defendant’s customers
`
`download and use the accused products, Defendant is putting the accused products into service
`
`and conditions the benefit received by each customer from using the accused products (which
`
`utilize the methods taught by the ‘748 Patent), such benefit including improved data management
`
`across a variety of devices, only if the accused products are used in the manner prescribed by
`
`Defendant. Use of the accused products in such manner infringes the ‘748 Patent.
`
`ADDITIONAL ALLEGATIONS REGARDING INDIRECT INFRINGEMENT
`
`22.
`
`Defendant has also indirectly infringed the ‘748 Patent by inducing others to
`
`directly infringe the ‘748 Patent. Defendant has induced the end-users, Defendant’s customers,
`
`to directly infringe (literally and/or under the doctrine of equivalents) the ‘748 Patent by using
`
`the accused products. Defendant took active steps, directly and/or through contractual
`
`relationships with others, with the specific intent to cause them to use the accused products in a
`
`manner that infringes one or more claims of the patents-in-suit, including, for example, Claim 19
`
`of the ‘748 Patent. Such steps by Defendant included, among other things, advising or directing
`
`customers and end-users to use the accused products in an infringing manner; advertising and
`
`promoting the use of the accused products in an infringing manner; and/or distributing
`
`instructions that guide users to use the accused products in an infringing manner. Defendant is
`
`performing these steps, which constitute induced infringement with the knowledge of the ‘748
`
`
`
`7
`
`
`
`

`

`Case 6:17-cv-00408-RWS Document 1 Filed 07/10/17 Page 8 of 10 PageID #: 8
`
`Patent and with the knowledge that the induced acts constitute infringement. Defendant is aware
`
`that the normal and customary use of the accused products by Defendant’s customers would
`
`infringe the ‘748 Patent. Defendant’s inducement is ongoing.
`
`23.
`
`Defendant has also indirectly infringed by contributing to the infringement of the
`
`‘748 Patent. Defendant has contributed to the direct infringement of the ‘748 Patent by the end-
`
`user of the accused products. The accused products have special features that are specially
`
`designed to be used in an infringing way and that have no substantial uses other than ones that
`
`infringe the ‘748 Patent, including, for example, Claim 19 of the ‘748 Patent. The special
`
`features include improved data management across a variety of devices in a manner that
`
`infringes the ‘748 Patent. The special features constitute a material part of the invention of one or
`
`more of the claims of the ‘748 Patent and are not staple articles of commerce suitable for
`
`substantial non-infringing use. Defendant’s contributory infringement is ongoing.
`
`24.
`
`Defendant has knowledge of the ‘748 Patent at least as of the date when it was
`
`notified of the filing of this action.
`
`25.
`
`Furthermore, Defendant has a policy or practice of not reviewing the patents of
`
`others (including instructing its employees to not review the patents of others), and thus has been
`
`willfully blind of Fall Line’s patent rights.
`
`26.
`
`Defendant’s actions are at least objectively reckless as to the risk of infringing a
`
`valid patent and this objective risk was either known or should have been known by Defendant.
`
`27.
`
`Defendant’s direct and indirect infringement of the ‘748 Patent is, has been, and
`
`continues to be willful, intentional, deliberate, and/or in conscious disregard of Fall Line’s rights
`
`under the patent.
`
`
`
`8
`
`
`
`

`

`Case 6:17-cv-00408-RWS Document 1 Filed 07/10/17 Page 9 of 10 PageID #: 9
`
`28.
`
`Fall Line has been damaged as a result of the infringing conduct by defendant
`
`alleged above. Thus, Defendant is liable to Fall Line in an amount that adequately compensates
`
`it for such infringements, which, by law, cannot be less than a reasonable royalty, together with
`
`interest and costs as fixed by this Court under 35 U.S.C. § 284.
`
`JURY DEMAND
`
`Fall Line hereby requests a trial by jury on all issues so triable by right.
`
`PRAYER FOR RELIEF
`
`Fall Line requests that the Court find in its favor and against Defendant, and that the
`
`Court grant Fall Line the following relief:
`
`a.
`
`Judgment that one or more claims of the ‘748 Patent have been infringed, either
`
`literally and/or under the doctrine of equivalents, by Defendant and/or all others acting in concert
`
`therewith;
`
`b.
`
`A permanent injunction enjoining Defendant and its officers, directors, agents,
`
`servants, affiliates, employees, divisions, branches, subsidiaries, parents, and all others acting in
`
`concert therewith from infringement of the ‘748 Patent; or, in the alternative, an award of a
`
`reasonable ongoing royalty for future infringement of the ‘‘748 Patent by such entities;
`
`c.
`
`Judgment that Defendant accounts for and pays to Fall Line all damages to and
`
`costs incurred by Fall Line because of Defendant’s infringing activities and other conduct
`
`complained of herein, including an award of all increased damages to which Fall Line is entitled
`
`under 35 U.S.C. § 284;
`
`d.
`
`That Fall Line be granted pre-judgment and post-judgment interest on the
`
`damages caused by Defendant’s infringing activities and other conduct complained of herein;
`
`e.
`
`That this Court declare this an exceptional case and award Fall Line its reasonable
`
`
`
`9
`
`
`
`

`

`Case 6:17-cv-00408-RWS Document 1 Filed 07/10/17 Page 10 of 10 PageID #: 10
`
`attorney’s fees and costs in accordance with 35 U.S.C. § 285; and
`
`f.
`
`That Fall Line be granted such other and further relief as the Court may deem just
`
`and proper under the circumstances.
`
`
`
`Dated: July 10, 2017
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Respectfully submitted,
`
`
`
`/s/ Matthew J. Antonelli
`Matthew J. Antonelli
`Texas Bar No. 24068432
`matt@ahtlawfirm.com
`Zachariah S. Harrington
`Texas Bar No. 24057886
`zac@ahtlawfirm.com
`Larry D. Thompson, Jr.
`Texas Bar No. 24051428
`larry@ahtlawfirm.com
`Michael D. Ellis
`Texas Bar No. 24081586
`michael@ahtlawfirm.com
`
`ANTONELLI, HARRINGTON
`& THOMPSON LLP
`4306 Yoakum Blvd., Ste. 450
`Houston, TX 77006
`(713) 581-3000
`
`Attorneys for Fall Line Patents, LLC
`
`10
`
`
`
`