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`Filed09/08/11 Page10f4
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`°§ A0 120 Rev. 2/99
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`TRADEMARK
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`TO:
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`Mail Stop 8
`Director of the US. Patent & Trademark Office
`PO. Box 1450
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`Alexandria, VA 22313—1450
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`REPORT ON THE
`FILING OR DETERMINATION OF AN
`ACTION REGARDING A PATENT OR
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`In Compliance with 35 § 290 and/or 15 U.S.C. § 1116 you are hereby advised that a court action has been
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`filed in the US. District Court
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`Northern District of California
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`on the following
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`X Patents or
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`E] Trademarks:
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`DOCKET NO.
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`DATE FILED
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`us. DISTRICT COURT
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`C-11-4479-EDL
`PLAINTIFF
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`Seotember 8 2011
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`Office of the Clerk 450 Golden Gate Ave.
`DEFENDANT
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`16"1 Floor San Francisco CA 94102
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`ARRIVALSTAR S.A. & MELVINO
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`TECHNOLOGIES LIMITED
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`BLUE SKY NETWORK, LLC, JET AIRWAYS OF
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`INDIA, INC., GTX CORP. & INTHINC
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`TECHNOLOGY SOLUTIONS, INC.
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`PATENT OR
`TRADEMARK N0
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`DATE OF PATENT
`OR TRADEMARK
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`HOLDER OF PATENT OR TRADEMARK
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`
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`In the above~entitled case, the following decision has been rendered or judgement issued:
`DECISION/JUDGEMENT
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`
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`
`
`CLERK
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`(BY) DEPUTY CLERK
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`DATE
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`4
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`Richard W. Wieking
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`"
`
`Thelma Nudo
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`September 8, 201 1
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`COpy 3—Upon termination of action, mail this copy to Commissioner
`Copy l—Upon initiation of action, mail this copy to Commissioner
`Copy 2-—Upon filing document adding patent(s), mail this copy to Commissioner Copy 4~—Case file copy
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`JURY DEMAND
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`ArrivalStar demands a trial by jury on all issues presented in this Complaint.
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`Dated: September 8, 201 1
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`KRIEG, KELLER, SLOAN, REILLEY & ROMAN LLP
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`nnet
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`.
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`eller
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`Attorneys for Plaintiffs ArrivalStar, SA. and
`MelvinoTechnologies, Inc.
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`COMPLAINT FOR PATENT INFRINGEMENT
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`p—a
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`KENNETH E. KELLER (SBN 71450) kkeller@kksrr.com
`MICHAEL D. LISI (SBN 196974) mlisi@kksrr.com
`KRIEG, KELLER, SLOAN, REILLEY & ROMAN LLP
`555 Montgomery Street, 17th Floor
`San Francisco, CA 94111
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`5"?
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`Facsimile: (415) 249-8333
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`Telephone:
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`(415) 249-8330
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`ANTHONY E. DOWELL (Pro Hac Vice forthcoming) ADowell@dowellbaker.com
`GEOFFREY D. SMITH (Pro Hac Vice forthcoming) GSmith@dowellbaker.com
`DOWELL BAKER
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`201 Main Street, Suite 710
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`Lafayette, IN 47901
`Telephone:
`(765) 429-4004
`Facsimile:
`(765) 429-4114
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`Attorneys for Plaintiffs
`ARRIVALSTAR SA, and MELVINO TECHNOLOGIES LIMITED
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`UNITED STATES DISTRICT COURT
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`FOR THE NORTHERN DISTRICT OF CALIFORNIA
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`ARRIVALSTAR SA. and MELVINO C V)
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`TECHNOLOGIES LIMITED,
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`~
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`@@fl 4476
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`Plaintiffs,
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`V.
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`COMPLAINT FOR PATENT
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`INFRINGEMENT
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`BLUE SKY NETWORK, LLC, a Delaware
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`DEMAND FOR JURY TRIAL
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`Limited Liability Company; JET AIRWAYS )
`OF INDIA, INC., a California Corporation;
`)
`GTX CORP, a Nevada Corporation; INTHINC)
`TECHNOLOGY SOLUTIONS, INC., a
`Delaware corporation,
`
`VVVVVVV
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`Defendants.
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`
`COMPLAINT FOR PATENT INFRINGEMENT
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`
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`
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`Plaintiffs ArrivalStar SA. and Melvino Technologies Limited (collectively, “ArrivalStar
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`93
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`or “Plaintiffs”), by and through their undersigned attorneys, for their complaint against
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`defendants Blue Sky Network, LLC (“Blue Sky”), Jet Airways of India, Inc. (“Jet Airways”),
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`GTX Corp (“GTX Corp”), and Inthinc Technology Solutions, Inc. (“Inthinc), (Blue Sky, Jet
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`Airways, GTX Corp., Inthinc, inclusive are collectively referred to herein as “Defendants”)
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`hereby allege as follows:
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`NATURE OF LAWSUIT
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`1.
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`This action involves claims for patent infringement arising under the patent laws
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`of the United States, Title 35 of the United States Code. This Court has exclusive jurisdiction
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`over the subject matter of the Complaint under 28 U.S.C. § 1338(a).
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`2.
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`Venue exists in this judicial district pursuant to 28 U.S.C. §§ 1391 and 1400(b) in
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`that the Defendants reside in this judicial district and/or have committed acts of infringement
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`herein.
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`THE PARTIES
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`3.
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`ArrivalStar SA. is a corporation organized under the laws of Luxembourg and
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`having offices at 67 Rue Michel, Welter L-2730, Luxembourg.
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`4.
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`Melvino Technologies Limited is a corporation organized under the laws of the
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`British Virgin Island of Tortola, having offices at PO. Box 3152, RG Hodge Building, Road
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`Town, Tortola, British Virgin Islands.
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`5.
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`ArrivalStar owns all right, title and interest in, and has standing to sue for
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`infringement of United States Patent No. 6,278,936 (“the ‘936 patent”), entitled “System and
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`method for an advance notification system for monitoring and reporting proximity of a vehicle,”
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`issued August 21, 2001. A copy of the ‘936 patent is annexed hereto as Exhibit A.
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` COMPLAINT FOR PATENT INFRINGEMENT
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`6.
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`ArrivalStar owns all right, title and interest in, and has standing to sue for
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`infringement of United States Patent No. 6,317,060 (“the ‘060 patent”), entitled “Base station
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`system and method for monitoring travel of mobile vehicles and communicating notification
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`messages,” issued November 13, 2001. A copy of the ‘060 patent is annexed hereto as Exhibit
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`B.
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`7.
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`ArrivalStar owns all right, title and interest in, and has standing to sue for
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`infringement of United States Patent No. 6,714,859 (“the ‘859 patent”), entitled “System and
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`method for an advance notification system for monitoring and reporting proximity of a vehicle,”
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`issued March 30, 2004. A copy of the ‘859 patent is annexed hereto as Exhibit C.
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`8.
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`ArrivalStar owns all right, title and interest in, and has standing to sue for
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`infringement of United States Patent No. 6,741,927 (“the ‘927 patent”), entitled “User-definable
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`communications methods and systems,” issued May 25, 2004. A copy of the ‘927 patent is
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`annexed hereto as Exhibit D.
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`9.
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`ArrivalStar owns all right, title and interest in, and has standing to sue for
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`infringement of United States Patent No. 6,804,606 (“the ‘606 patent”), entitled “Notification
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`systems and methods with user-definable notifications based upon vehicle proximities,” issued
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`October 12, 2004. A copy of the ‘606 patent is annexed hereto as Exhibit E.
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`10.
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`ArrivalStar owns all right, title and interest in, and has standing to sue for
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`infringement of United States Patent No. 6,904,359 (“the ‘359 patent”), entitled “Notification
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`systems and methods with user-definable notifications based upon occurrence of events,” issued
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`June 7, 2005. A copy of the ‘359 patent is annexed hereto as Exhibit F. The ‘359 patent was the
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`subject of an Inter Partes reexamination at the United States Patent and Trademark Office. A
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`Reexamination Certificate was issued on May 25, 2010 and is annexed hereto as Exhibit G.
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` COMPLAINT FOR PATENT INFRINGEMENT
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`11.
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`ArrivalStar owns all right, title and interest in, and has standing to sue for
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`infringement of United States Patent No. 6,952,645 (“the ‘645 patent”), entitled “System and
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`method for activation of an advance notification system for monitoring and reporting status of
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`vehicletravel,” issued October 4, 2005. A copy of the ‘645 patent is annexed hereto as Exhibit
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`H.
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`12.
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`ArrivalStar owns all right, title and interest in, and has standing to sue for
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`infringement of United States Patent No. 7,191,058 (“the ‘058 patent”),entitled “Notification
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`systems and methods enabling user entry of notification trigger information based upon
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`monitored mobile vehicle location,” issued March 13, 2007. A copy of the ‘058 patent is
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`annexed hereto as Exhibit 1.
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`13.
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`Defendant Blue Sky is a Delaware Limited Liability Company with a place of
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`business at 1298 Prospect Street, Suite 1D, La Jolla, California 92037. Blue Sky transacts
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`business and has offered to provide and/or provided in this judicial district services that infringe
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`claims of the ‘859 and ‘359 patents.
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`14.
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`Defendant Jet Airways is a California Corporation with a place of business at l 11
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`Anza Boulevard, Suite 300, Burlingame, California 94010. Jet Airways transacts business and
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`has offered to provide and/or provided in this judicial district services that infringe claims of the
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`‘060, ‘859 and ‘359 patents.
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`15.
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`Defendant GTX Corp. is a Nevada Corporation with a place of business at 117
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`West 9th Street, Suite 1214, Los Angeles, California 90015. GTX Corp. transacts business and
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`has offered to provide and/or provided in this judicial district services that infringe claims of the
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`‘936, ‘859, ‘927, ‘606, ‘359 and ‘058 patents.
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` COMPLAINT FOR PATENT INFRINGEMENT
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`16.
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`Defendant Inthinc is a Delaware Corporation with a place of business at 4225
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`West Lake Park Boulevard, Suite 100, Salt Lake City, Utah 84120. Inthinc transacts business
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`and has offered to provide and/or provided in this judicial district services that infringe claims of
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`the ‘859, ‘927, ‘359, ‘645 and ‘058 patents.
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`17.
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`Venue is proper in this District under 28 U.S.C. §§ 1391 and 1400(b).
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`DEFENDANT BLUE SKY’S ACTS OF PATENT INFRINGEMENT
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`18.
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`Defendant Blue Sky have infringed claims of the ‘859 and ‘359 patents through,
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`among other activities, the use of Blue Sky’s SkyRouter 2 vehicle tracking system.
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`19.
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`Blue Sky’s SkyRouter 2 vehicle tracking system allows users to define events that
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`will cause the creation and communication of an alert notification.
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`20.
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`Blue Sky’s SkyRouter 2 vehicle tracking system allows a'user to specify a radial
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`distance from a location and receive an email alert when a vehicle arrives within the radial
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`distance from the location.
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`21.
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`Blue Sky’s SkyRouter 2 vehicle tracking system receives Latitude and Longitude
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`data transmitted from vehicles.
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`22.
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`Blue Sky’s SkyRouter 2 vehicle tracking system receives and stores data
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`transmitted from vehicles
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`23.
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`Defendant’s infringement has injured and will continue to injure ArrivalStar
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`unless and until this Court enters an injunction prohibiting further infringement and, specifically,
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`enjoining further use of methods and systems that come within the scope of the ‘859 and ‘35 9
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`patents.
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`///
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`///
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` COMPLAINT FOR PATENT INFRINGEMENT
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`DEFENDANT JET AIRWAYS’ ACTS OF PATENT INFRINGEMENT
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`24.
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`Defendant Jet Airways have infringed claims of the “060, ‘859 and ‘359 patents
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`through, among other activities, the use of Jet Airways’ Flight Status Notification system.
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`25.
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`Jet Airways’ Flight Status Notification system is configured to notify users of
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`impending arrivals of airplanes.
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`26.
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`Jet Airways’ Flight Status Notification system is configurable to transmit an alert
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`when flight 9W228 from Mumbai, India arrives at Brussels, Belgium en route to Newark, New
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`Jersey.
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`27.
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`Jet Airways’ Flight Status Notification system is configured to transmit alerts via
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`email and SMS text message.
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`28.
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`On August 31, 2011, Jet Airways’ Flight Status Notification system included
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`computer servers with the Internet Protocol (IP) addresses of 96.17.76.9 and 96.17.76.42 that
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`were located in Cambridge, Massachusetts.
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`29.
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`Defendant’s infringement has injured and will continue to injure ArrivalStar
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`unless and until this Court enters an injunction prohibiting further infringement and, specifically,
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`enjoining further use of methods and systems that come within the scope of the ‘060, ‘859 and
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`‘359 patents.
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`DEFENDANT GTX CORP.’S ACTS OF PATENT INFRINGEMENT
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`30.
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`Defendant GTX Corp. have infringed claims of the ‘936, ‘859, ‘927, ‘606, ‘359
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`and ‘058 patents through, among other activities, the use of GTX Corp.’s tracking platform.
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`31.
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`GTX Corp.’s tracking platform receives data from GTX AVL devices.
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`32.
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`GTX Corp. advertises that the GTX AVL is “a fully integrated tracking device
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`communicating vehicle location.”
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` COMPLAINT FOR PATENT INFRINGEMENT
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`33.
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`GTX Corp.’s tracking platform allows users to create Geozones by specifying a
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`radius, in meters, from a location.
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`34.
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`GTX Corp.’s tracking platform allows users to receive alerts on their mobile
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`phone or by e-mail when a device leaves or enters a predetermined area.
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`35.
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`GTX Corp.’s tracking platform transmits alerts that include graphical mapping
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`data.
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`36.
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`Defendant’s infringement has injured and will continue to injure ArrivalStar
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`unless and until this Court enters an injunction prohibiting further infringement and, specifically,
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`enjoining further use of methods and systems that come within the scope of the ‘93 6, ‘859, “927,
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`‘606, ‘359 and ‘058 patents.
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`DEFENDANT INTHINC’S ACTS OF PATENT INFRINGEMENT
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`37.
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`Defendant Inthinc have infringed claims of the ‘859, ‘927, ‘359, ‘645 and ‘058
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`patents through, among other activities, the use of Inthinc’s tiwi vehicle tracking system.
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`38.
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`Inthinc’s tiwi vehicle tracking system is configured to track and monitor vehicles
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`driven by teenage drivers.
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`39.
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`Ithinc’s tiwi system is configurable to transmit an email or text alert when a
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`vehicle arrives at a pre-determined destination.
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`40.
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`Ithinc’s tiwi system is configurable to transmit an alert when a vehicle arrives at a
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`pre—determined destination during a predetermined time period.
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`41.
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`Ithinc’s tiwi system has been configured to transmit an alert notification via SMS
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`text message when a 2006 Ford Focus vehicle arrived within a geofence proximity of a school
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`between 8:00 am and 8:30 am.
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` COMPLAINT FOR PATENT INFRINGEMENT
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`42.
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`Inthinc’s tiwi system has transmitted an alert notification via SMS text message
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`indicating that a vehicle had arrived at geofence proximity around a school at 8: 17 am.
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`43.
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`Defendant’s infringement has injured and will continue to injure ArrivalStar
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`unless and until this Court enters an injunction prohibiting further infringement and, specifically,
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`enjoining further use of methods and systems that come within the scope of the ‘859, ‘927, ‘359,
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`‘645 and ‘058 patents.
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`PRAYER FOR RELIEF
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`WHEREFORE, Plaintiffs ask this Court to enter judgment against the Defendant, and
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`against their subsidiaries, affiliates, agents, servants, employees and all persons in active concert
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`or participation with them, granting the following relief:
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`A.
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`An award of damages adequate to compensate ArrivalStar for the infringement
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`that has occurred, together with prej udgment interest from the date that Defendant’s
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`infringement of the ArrivalStar patents began;
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`B.
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`C.
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`Increased damages as permitted under 35 U.S.C. § 284;
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`A finding that this case is exceptional and an award to ArrivalStar of its attorneys
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`fees and costs as provided by 35 U.S.C. § 285;
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`D.
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`A permanent injunction prohibiting further infringement, inducement and
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`contributory infringement of the ArrivalStar patents; and
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`E.
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`Such other and further relief as this Court or a jury may deem proper and just.
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`Dated: September 8, 201 1
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`KRIEG, KELLER, SLOAN, REILLEY & ROMAN LLP
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`
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`nneth . Keller
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`Attorneys for Plaintiffs ArrivalStar, SA. and
`MelvinoTechnologies, Inc.
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` COMPLAINT FOR PATENT INFRINGEMENT
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