Case3:11—cv-O4479-EDL Document4
`
`Filed09/08/11 Page10f4
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`°§ A0 120 Rev. 2/99
`
`TRADEMARK
`
`TO:
`
`Mail Stop 8
`Director of the US. Patent & Trademark Office
`PO. Box 1450
`
`Alexandria, VA 22313—1450
`
`REPORT ON THE
`FILING OR DETERMINATION OF AN
`ACTION REGARDING A PATENT OR
`
`In Compliance with 35 § 290 and/or 15 U.S.C. § 1116 you are hereby advised that a court action has been
`
`filed in the US. District Court
`
`Northern District of California
`
`on the following
`
`X Patents or
`
`E] Trademarks:
`
`DOCKET NO.
`
`DATE FILED
`
`us. DISTRICT COURT
`
`C-11-4479-EDL
`PLAINTIFF
`
`Seotember 8 2011
`
`Office of the Clerk 450 Golden Gate Ave.
`DEFENDANT
`
`16"1 Floor San Francisco CA 94102
`
`ARRIVALSTAR S.A. & MELVINO
`
`TECHNOLOGIES LIMITED
`
`
`
`
`BLUE SKY NETWORK, LLC, JET AIRWAYS OF
`
`INDIA, INC., GTX CORP. & INTHINC
`
`TECHNOLOGY SOLUTIONS, INC.
`
`
`
`
`
`
`
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`PATENT OR
`TRADEMARK N0
`
`DATE OF PATENT
`OR TRADEMARK
`
`HOLDER OF PATENT OR TRADEMARK
`
`
`
`In the above~entitled case, the following decision has been rendered or judgement issued:
`DECISION/JUDGEMENT
`
`
`
`
`
`CLERK
`
`(BY) DEPUTY CLERK
`
`DATE
`
`4
`
`Richard W. Wieking
`
`"
`
`Thelma Nudo
`
`September 8, 201 1
`
`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
`
`

`

`JURY DEMAND
`
`ArrivalStar demands a trial by jury on all issues presented in this Complaint.
`
`Dated: September 8, 201 1
`
`KRIEG, KELLER, SLOAN, REILLEY & ROMAN LLP
`
`
`
`nnet
`
`.
`
`eller
`
`Attorneys for Plaintiffs ArrivalStar, SA. and
`MelvinoTechnologies, Inc.
`
`\DOONQUl-wat—l
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`\lONU‘I-PUJNHOWOONONKIIAWNt—‘O
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`N 00
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`COMPLAINT FOR PATENT INFRINGEMENT
`
`

`

`p—a
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`KOOONONU‘I-QUJN
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`N 00
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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
`
`5"?
`
`Facsimile: (415) 249-8333
`
`Telephone:
`
`(415) 249-8330
`
`ANTHONY E. DOWELL (Pro Hac Vice forthcoming) ADowell@dowellbaker.com
`GEOFFREY D. SMITH (Pro Hac Vice forthcoming) GSmith@dowellbaker.com
`DOWELL BAKER
`
`201 Main Street, Suite 710
`
`Lafayette, IN 47901
`Telephone:
`(765) 429-4004
`Facsimile:
`(765) 429-4114
`
`Attorneys for Plaintiffs
`ARRIVALSTAR SA, and MELVINO TECHNOLOGIES LIMITED
`
`UNITED STATES DISTRICT COURT
`
`FOR THE NORTHERN DISTRICT OF CALIFORNIA
`
`ARRIVALSTAR SA. and MELVINO C V)
`
`TECHNOLOGIES LIMITED,
`
`~
`
`@@fl 4476
`
`Plaintiffs,
`
`V.
`
`COMPLAINT FOR PATENT
`
`INFRINGEMENT
`
`BLUE SKY NETWORK, LLC, a Delaware
`
`DEMAND FOR JURY TRIAL
`
`Limited Liability Company; JET AIRWAYS )
`OF INDIA, INC., a California Corporation;
`)
`GTX CORP, a Nevada Corporation; INTHINC)
`TECHNOLOGY SOLUTIONS, INC., a
`Delaware corporation,
`
`VVVVVVV
`
`Defendants.
`
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`
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`
`
`

`

`Plaintiffs ArrivalStar SA. and Melvino Technologies Limited (collectively, “ArrivalStar
`
`93
`
`or “Plaintiffs”), by and through their undersigned attorneys, for their complaint against
`
`defendants Blue Sky Network, LLC (“Blue Sky”), Jet Airways of India, Inc. (“Jet Airways”),
`
`GTX Corp (“GTX Corp”), and Inthinc Technology Solutions, Inc. (“Inthinc), (Blue Sky, Jet
`
`Airways, GTX Corp., Inthinc, inclusive are collectively referred to herein as “Defendants”)
`
`hereby allege as follows:
`
`NATURE OF LAWSUIT
`
`1.
`
`This action involves claims for patent infringement arising under the patent laws
`
`of the United States, Title 35 of the United States Code. This Court has exclusive jurisdiction
`
`over the subject matter of the Complaint under 28 U.S.C. § 1338(a).
`
`2.
`
`Venue exists in this judicial district pursuant to 28 U.S.C. §§ 1391 and 1400(b) in
`
`that the Defendants reside in this judicial district and/or have committed acts of infringement
`
`herein.
`
`THE PARTIES
`
`3.
`
`ArrivalStar SA. is a corporation organized under the laws of Luxembourg and
`
`having offices at 67 Rue Michel, Welter L-2730, Luxembourg.
`
`4.
`
`Melvino Technologies Limited is a corporation organized under the laws of the
`
`British Virgin Island of Tortola, having offices at PO. Box 3152, RG Hodge Building, Road
`
`Town, Tortola, British Virgin Islands.
`
`5.
`
`ArrivalStar owns all right, title and interest in, and has standing to sue for
`
`infringement of United States Patent No. 6,278,936 (“the ‘936 patent”), entitled “System and
`
`method for an advance notification system for monitoring and reporting proximity of a vehicle,”
`
`issued August 21, 2001. A copy of the ‘936 patent is annexed hereto as Exhibit A.
`
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`N 00
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` COMPLAINT FOR PATENT INFRINGEMENT
`
`

`

`6.
`
`ArrivalStar owns all right, title and interest in, and has standing to sue for
`
`infringement of United States Patent No. 6,317,060 (“the ‘060 patent”), entitled “Base station
`
`system and method for monitoring travel of mobile vehicles and communicating notification
`
`messages,” issued November 13, 2001. A copy of the ‘060 patent is annexed hereto as Exhibit
`
`B.
`
`7.
`
`ArrivalStar owns all right, title and interest in, and has standing to sue for
`
`infringement of United States Patent No. 6,714,859 (“the ‘859 patent”), entitled “System and
`
`method for an advance notification system for monitoring and reporting proximity of a vehicle,”
`
`issued March 30, 2004. A copy of the ‘859 patent is annexed hereto as Exhibit C.
`
`8.
`
`ArrivalStar owns all right, title and interest in, and has standing to sue for
`
`infringement of United States Patent No. 6,741,927 (“the ‘927 patent”), entitled “User-definable
`
`communications methods and systems,” issued May 25, 2004. A copy of the ‘927 patent is
`
`annexed hereto as Exhibit D.
`
`9.
`
`ArrivalStar owns all right, title and interest in, and has standing to sue for
`
`infringement of United States Patent No. 6,804,606 (“the ‘606 patent”), entitled “Notification
`
`systems and methods with user-definable notifications based upon vehicle proximities,” issued
`
`October 12, 2004. A copy of the ‘606 patent is annexed hereto as Exhibit E.
`
`10.
`
`ArrivalStar owns all right, title and interest in, and has standing to sue for
`
`infringement of United States Patent No. 6,904,359 (“the ‘359 patent”), entitled “Notification
`
`systems and methods with user-definable notifications based upon occurrence of events,” issued
`
`June 7, 2005. A copy of the ‘359 patent is annexed hereto as Exhibit F. The ‘359 patent was the
`
`subject of an Inter Partes reexamination at the United States Patent and Trademark Office. A
`
`Reexamination Certificate was issued on May 25, 2010 and is annexed hereto as Exhibit G.
`
`\DOO\]O\UI4>~UJN>—‘
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`N 00
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` COMPLAINT FOR PATENT INFRINGEMENT
`
`

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`11.
`
`ArrivalStar owns all right, title and interest in, and has standing to sue for
`
`infringement of United States Patent No. 6,952,645 (“the ‘645 patent”), entitled “System and
`
`method for activation of an advance notification system for monitoring and reporting status of
`
`vehicletravel,” issued October 4, 2005. A copy of the ‘645 patent is annexed hereto as Exhibit
`
`H.
`
`12.
`
`ArrivalStar owns all right, title and interest in, and has standing to sue for
`
`infringement of United States Patent No. 7,191,058 (“the ‘058 patent”),entitled “Notification
`
`systems and methods enabling user entry of notification trigger information based upon
`
`monitored mobile vehicle location,” issued March 13, 2007. A copy of the ‘058 patent is
`
`annexed hereto as Exhibit 1.
`
`13.
`
`Defendant Blue Sky is a Delaware Limited Liability Company with a place of
`
`business at 1298 Prospect Street, Suite 1D, La Jolla, California 92037. Blue Sky transacts
`
`business and has offered to provide and/or provided in this judicial district services that infringe
`
`claims of the ‘859 and ‘359 patents.
`
`14.
`
`Defendant Jet Airways is a California Corporation with a place of business at l 11
`
`Anza Boulevard, Suite 300, Burlingame, California 94010. Jet Airways transacts business and
`
`has offered to provide and/or provided in this judicial district services that infringe claims of the
`
`‘060, ‘859 and ‘359 patents.
`
`15.
`
`Defendant GTX Corp. is a Nevada Corporation with a place of business at 117
`
`West 9th Street, Suite 1214, Los Angeles, California 90015. GTX Corp. transacts business and
`
`has offered to provide and/or provided in this judicial district services that infringe claims of the
`
`‘936, ‘859, ‘927, ‘606, ‘359 and ‘058 patents.
`
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` COMPLAINT FOR PATENT INFRINGEMENT
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`

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`16.
`
`Defendant Inthinc is a Delaware Corporation with a place of business at 4225
`
`West Lake Park Boulevard, Suite 100, Salt Lake City, Utah 84120. Inthinc transacts business
`
`and has offered to provide and/or provided in this judicial district services that infringe claims of
`
`the ‘859, ‘927, ‘359, ‘645 and ‘058 patents.
`
`17.
`
`Venue is proper in this District under 28 U.S.C. §§ 1391 and 1400(b).
`
`DEFENDANT BLUE SKY’S ACTS OF PATENT INFRINGEMENT
`
`18.
`
`Defendant Blue Sky have infringed claims of the ‘859 and ‘359 patents through,
`
`among other activities, the use of Blue Sky’s SkyRouter 2 vehicle tracking system.
`
`19.
`
`Blue Sky’s SkyRouter 2 vehicle tracking system allows users to define events that
`
`will cause the creation and communication of an alert notification.
`
`20.
`
`Blue Sky’s SkyRouter 2 vehicle tracking system allows a'user to specify a radial
`
`distance from a location and receive an email alert when a vehicle arrives within the radial
`
`distance from the location.
`
`21.
`
`Blue Sky’s SkyRouter 2 vehicle tracking system receives Latitude and Longitude
`
`data transmitted from vehicles.
`
`22.
`
`Blue Sky’s SkyRouter 2 vehicle tracking system receives and stores data
`
`transmitted from vehicles
`
`23.
`
`Defendant’s infringement has injured and will continue to injure ArrivalStar
`
`unless and until this Court enters an injunction prohibiting further infringement and, specifically,
`
`enjoining further use of methods and systems that come within the scope of the ‘859 and ‘35 9
`
`patents.
`
`///
`
`///
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`\DOONO‘NU‘ILUJNH
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`N 00
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` COMPLAINT FOR PATENT INFRINGEMENT
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`

`

`DEFENDANT JET AIRWAYS’ ACTS OF PATENT INFRINGEMENT
`
`24.
`
`Defendant Jet Airways have infringed claims of the “060, ‘859 and ‘359 patents
`
`through, among other activities, the use of Jet Airways’ Flight Status Notification system.
`
`25.
`
`Jet Airways’ Flight Status Notification system is configured to notify users of
`
`impending arrivals of airplanes.
`
`26.
`
`Jet Airways’ Flight Status Notification system is configurable to transmit an alert
`
`when flight 9W228 from Mumbai, India arrives at Brussels, Belgium en route to Newark, New
`
`Jersey.
`
`27.
`
`Jet Airways’ Flight Status Notification system is configured to transmit alerts via
`
`email and SMS text message.
`
`28.
`
`On August 31, 2011, Jet Airways’ Flight Status Notification system included
`
`computer servers with the Internet Protocol (IP) addresses of 96.17.76.9 and 96.17.76.42 that
`
`were located in Cambridge, Massachusetts.
`
`29.
`
`Defendant’s infringement has injured and will continue to injure ArrivalStar
`
`unless and until this Court enters an injunction prohibiting further infringement and, specifically,
`
`enjoining further use of methods and systems that come within the scope of the ‘060, ‘859 and
`
`‘359 patents.
`
`DEFENDANT GTX CORP.’S ACTS OF PATENT INFRINGEMENT
`
`30.
`
`Defendant GTX Corp. have infringed claims of the ‘936, ‘859, ‘927, ‘606, ‘359
`
`and ‘058 patents through, among other activities, the use of GTX Corp.’s tracking platform.
`
`31.
`
`GTX Corp.’s tracking platform receives data from GTX AVL devices.
`
`32.
`
`GTX Corp. advertises that the GTX AVL is “a fully integrated tracking device
`
`communicating vehicle location.”
`
`\OWVONM-RUJN—t
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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
`
`radius, in meters, from a location.
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`34.
`
`GTX Corp.’s tracking platform allows users to receive alerts on their mobile
`
`phone or by e-mail when a device leaves or enters a predetermined area.
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`35.
`
`GTX Corp.’s tracking platform transmits alerts that include graphical mapping
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`data.
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`36.
`
`Defendant’s infringement has injured and will continue to injure ArrivalStar
`
`unless and until this Court enters an injunction prohibiting further infringement and, specifically,
`
`enjoining further use of methods and systems that come within the scope of the ‘93 6, ‘859, “927,
`
`‘606, ‘359 and ‘058 patents.
`
`DEFENDANT INTHINC’S ACTS OF PATENT INFRINGEMENT
`
`37.
`
`Defendant Inthinc have infringed claims of the ‘859, ‘927, ‘359, ‘645 and ‘058
`
`patents through, among other activities, the use of Inthinc’s tiwi vehicle tracking system.
`
`38.
`
`Inthinc’s tiwi vehicle tracking system is configured to track and monitor vehicles
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`driven by teenage drivers.
`
`39.
`
`Ithinc’s tiwi system is configurable to transmit an email or text alert when a
`
`vehicle arrives at a pre-determined destination.
`
`40.
`
`Ithinc’s tiwi system is configurable to transmit an alert when a vehicle arrives at a
`
`pre—determined destination during a predetermined time period.
`
`41.
`
`Ithinc’s tiwi system has been configured to transmit an alert notification via SMS
`
`text message when a 2006 Ford Focus vehicle arrived within a geofence proximity of a school
`
`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.
`
`43.
`
`Defendant’s infringement has injured and will continue to injure ArrivalStar
`
`unless and until this Court enters an injunction prohibiting further infringement and, specifically,
`
`enjoining further use of methods and systems that come within the scope of the ‘859, ‘927, ‘359,
`
`‘645 and ‘058 patents.
`
`PRAYER FOR RELIEF
`
`WHEREFORE, Plaintiffs ask this Court to enter judgment against the Defendant, and
`
`against their subsidiaries, affiliates, agents, servants, employees and all persons in active concert
`
`or participation with them, granting the following relief:
`
`A.
`
`An award of damages adequate to compensate ArrivalStar for the infringement
`
`that has occurred, together with prej udgment interest from the date that Defendant’s
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`infringement of the ArrivalStar patents began;
`
`B.
`
`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;
`
`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
`
`KRIEG, KELLER, SLOAN, REILLEY & ROMAN LLP
`
`
`
`nneth . Keller
`
`Attorneys for Plaintiffs ArrivalStar, SA. and
`MelvinoTechnologies, Inc.
`
`
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` COMPLAINT FOR PATENT INFRINGEMENT
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`

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