Case 2:21-cv-00519 Document 1 Filed 01/20/21 Page 1 of 13 Page ID #:1
`
`
`STEPHEN M. LOBBIN
`sml@smlavvocati.com
`SML AVVOCATI P.C.
`969 Hilgard Ave., Suite 1012
`Los Angeles, California 90024
`(949) 636-1391 (Phone)
`
`Attorney(s) for Plaintiff Social Positioning Input Systems, LLC
`
`
`
`
` IN THE UNITED STATES DISTRICT COURT
`FOR THE CENTRAL DISTRICT OF CALIFORNIA
`
`
`
`
`SOCIAL POSITIONING INPUT
`SYSTEMS, LLC,
`
`
`
`v.
`
`CLEARPATHGPS, INC.,
`
`
`Defendant.
`
`
`Plaintiff,
`
`
`
`
`
`CASE NO. 2:21-cv-00519
`
`
`COMPLAINT FOR PATENT
`INFRINGEMENT
`
`
`JURY TRIAL DEMANDED
`
`
`
`
`
`Pursuant to F.R.C.P. 15(a)(1)(B), Plaintiff Social Positioning Input Systems,
`
`LLC (“Plaintiff” or “SPIS”) files this Complaint against ClearPathGPS, Inc.
`
`(“Defendant” or “ClearPathGPS”) for infringement of United States Patent No.
`
`9,261,365 (hereinafter “the ‘365 Patent”).
`
`PARTIES AND JURISDICTION
`
`
`
`1.
`
`This is an action for patent infringement under Title 35 of the United
`
`States Code. Plaintiff is seeking injunctive relief as well as damages.
`
`
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`PLAINTIFF’S COMPLAINT AGAINST DEFENDANT CLEARPATHGPS, INC.
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`
`STEPHEN M. LOBBIN
`sml@smlavvocati.com
`SML AVVOCATI P.C.
`969 Hilgard Ave., Suite 1012
`Los Angeles, California 90024
`(949) 636-1391 (Phone)
`
`Attorney(s) for Plaintiff Social Positioning Input Systems, LLC
`
`
`
`
` IN THE UNITED STATES DISTRICT COURT
`FOR THE CENTRAL DISTRICT OF CALIFORNIA
`
`
`
`
`SOCIAL POSITIONING INPUT
`SYSTEMS, LLC,
`
`
`
`v.
`
`CLEARPATHGPS, INC.,
`
`
`Defendant.
`
`
`Plaintiff,
`
`
`
`
`
`CASE NO. 2:21-cv-00519
`
`
`COMPLAINT FOR PATENT
`INFRINGEMENT
`
`
`JURY TRIAL DEMANDED
`
`
`
`
`
`Pursuant to F.R.C.P. 15(a)(1)(B), Plaintiff Social Positioning Input Systems,
`
`LLC (“Plaintiff” or “SPIS”) files this Complaint against ClearPathGPS, Inc.
`
`(“Defendant” or “ClearPathGPS”) for infringement of United States Patent No.
`
`9,261,365 (hereinafter “the ‘365 Patent”).
`
`PARTIES AND JURISDICTION
`
`
`
`1.
`
`This is an action for patent infringement under Title 35 of the United
`
`States Code. Plaintiff is seeking injunctive relief as well as damages.
`
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`Case 2:21-cv-00519 Document 1 Filed 01/20/21 Page 2 of 13 Page ID #:2
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`2.
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`Jurisdiction is proper in this Court pursuant to 28 U.S.C. §§ 1331
`
`(Federal Question) and 1338(a) (Patents) because this is a civil action for patent
`
`infringement arising under the United States patent statutes.
`
`
`
`3.
`
`Plaintiff is a Texas limited liability company with a virtual office located
`
`at 1801 NE 123 Street, Suite 314, Miami, FL 33181.
`
`
`
`4.
`
`On information and belief, Defendant is a California corporation with its
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`principal office located at 1129 State Street, Suite 3, Santa Barbara, CA 93101. On
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`information and belief, Defendant may be served through its agent, R. Chris Koers,
`
`125 East Victoria Street, Suite A, Santa Barbara CA 93101.
`
`
`
`5.
`
`On information and belief, this Court has personal jurisdiction over
`
`Defendant because Defendant has committed, and continues to commit, acts of
`
`infringement in this District, has conducted business in this District, and/or has
`
`engaged in continuous and systematic activities in this District.
`
`
`
`6.
`
`On information and belief, Defendant’s instrumentalities that are alleged
`
`herein to infringe were and continue to be used, imported, offered for sale, and/or sold
`
`in this District.
`
`VENUE
`
`
`
`7.
`
`On information and belief, venue is proper in this District under 28
`
`U.S.C. § 1400(b) because Defendant is deemed to be a resident of this District.
`
`Alternatively, acts of infringement are occurring in this District and Defendant has a
`
`regular and established place of business in this District.
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`Case 2:21-cv-00519 Document 1 Filed 01/20/21 Page 3 of 13 Page ID #:3
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`
`COUNT I
`(INFRINGEMENT OF UNITED STATES PATENT NO. 9,261,365)
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`8.
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`9.
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`Plaintiff incorporates paragraphs 1 through 7 herein by reference.
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`This cause of action arises under the patent laws of the United States
`
`
`
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`
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`and, in particular, under 35 U.S.C. §§ 271, et seq.
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`
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`10. Plaintiff is the owner by assignment of the ‘365 Patent with sole rights
`
`to enforce the ‘365 Patent and sue infringers.
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`
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`11. A copy of the ‘365 Patent, titled “Device, System and Method for
`
`Remotely Entering, Storing and Sharing Addresses for a Positional Information
`
`Device,” is attached hereto as Exhibit A.
`
`
`
`12. The ‘365 Patent is valid, enforceable, and was duly issued in full
`
`compliance with Title 35 of the United States Code.
`
`
`
`13. The ‘365 Patent teaches a method and apparatus for entering, storing and
`
`sharing addresses for a positional information device.
`
`
`
`14. The ‘365 Patent recognized problems associated with then-existing
`
`devices and methods for route guidance and address entry into mobile devices. For
`
`example, then-existing devices required manual entry of information. ‘365 Patent,
`
`1:25-2:25. Also, different devices had different interfaces and accepted address
`
`information differently. Id. Also, then-existing systems would not allow a user to
`
`enter route information while driving. Id. Also, if a user had multiple vehicles all
`
`going to a location, the address information had to be entered multiple times. Id.
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`Case 2:21-cv-00519 Document 1 Filed 01/20/21 Page 4 of 13 Page ID #:4
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`15. The claimed invention of the ‘365 Patent addressed these and other
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`problems by providing systems and methods that, at least in some embodiments,
`
`include a requesting positional information device, a sending positional information
`
`device, and a server. ‘365 Patent, Summary, and Claim 1. The requesting positional
`
`information device makes a request to a server for an address stored in the sending
`
`positional information device. Id. The request includes a first identifier associated
`
`with the requesting positional information device. Id. The server obtains the address
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`from the sending positional information device. Id. This involves the server
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`determining a second identifier for the sending positional information device based
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`on the first identifier. Id.
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`
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`16. The present invention solves problems that existed with then-existing
`
`navigation systems associate with having address information loaded onto a
`
`positional information device (such as a GPS-equipped mobile phone). Problems
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`arose due to a number of different factors including: (1) disparate navigational
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`devices; (2) navigational devices that required preprogramming of address
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`information; (3) the use of different vehicles by one or more users all going to the
`
`same address; and (4) users needing address information downloaded while driving.
`
`See, ‘365 Patent Specification, Background.
`
`
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`17. The systems embodied in the ‘365 Patent claims incorporate hardware
`
`and software components that operate in a way that was neither generic, nor well-
`
`known, at least at the time of the invention.
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`Case 2:21-cv-00519 Document 1 Filed 01/20/21 Page 5 of 13 Page ID #:5
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`18. The ‘365 Patent solves problems with the art that are rooted in computer
`
`technology and that are associated with electronic transmission, loading, and storage
`
`of location information, as well as automatic provisioning of route guidance. The ‘365
`
`Patent claims do not merely recite the performance of some business practice known
`
`from the pre-Internet world along with the requirement to perform it on the Internet.
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`
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`19. The improvements of the ‘365 Patent and the features recited in the
`
`claims in the ‘365 Patent provide improvements to conventional hardware and
`
`software systems and methods. The improvements render the claimed invention of
`
`the ‘365 Patent non-generic in view of conventional components.
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`
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`20. The improvements of the ‘365 Patent and the features recitations in the
`
`claims of the ’365 Patent are not those that would be well-understood, routine or
`
`conventional to one of ordinary skill in the art at the time of the invention.
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`
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`21. Upon information and belief, Defendant has infringed and continues to
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`infringe one or more claims, including at least Claim 1, of the ‘365 Patent by making,
`
`using (at least by having its employees, or someone under Defendant's control, test
`
`the accused Product), importing, selling, and/or offering for sale associated hardware
`
`and software for asset locating services (e.g., ClearPathGPS fleet tracking platform,
`
`app, and/or associated hardware and/or software) (“Product”) covered by at least
`
`Claim 1 of the ‘365 Patent. Defendant has infringed and continues to infringe the ‘365
`
`patent either directly or through acts of contributory infringement or inducement in
`
`violation of 35 U.S.C. § 271.
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`Case 2:21-cv-00519 Document 1 Filed 01/20/21 Page 6 of 13 Page ID #:6
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`22. The Product provides a vehicle tracking system for real-time GPS
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`tracking of assets. A user can receive location information on a positional information
`
`device (e.g., mobile device or computer). Certain aspects of this element are
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`illustrated in the screenshot(s) below and/or in those provided in connection with
`
`other allegations herein.
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`Case 2:21-cv-00519 Document 1 Filed 01/20/21 Page 7 of 13 Page ID #:7
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`Case 2:21-cv-00519 Document 1 Filed 01/20/21 Page 8 of 13 Page ID #:8
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`23. The Product software sends a request from a first (requesting) positional
`
`information device (e.g., mobile device or desktop with software installed) to a server.
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`The request is for the real-time location (e.g., stored address) of a vehicle or vehicles,
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`and includes a first identifier of the requesting positional information device (e.g.,
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`user ID and password for the Product software used in the particular enterprise). The
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`request is sent to the Product server for transmitting the vehicle location. The server
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`receives the at least one address from a second (sending) positional information
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`device at the vehicle. Certain aspects of this element are illustrated in the
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`screenshot(s) below and/or in those provided in connection with other allegations
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`herein.
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`Case 2:21-cv-00519 Document 1 Filed 01/20/21 Page 9 of 13 Page ID #:9
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`24. The at least one address is received from the server at the requesting
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`positional information device. For example the Product’s server transmits the
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`position of an asset (at least one address) to the requesting positional information
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`Case 2:21-cv-00519 Document 1 Filed 01/20/21 Page 10 of 13 Page ID #:10
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`device. Certain aspects of this element are illustrated in the screenshot(s) below
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`and/or in those provided in connection with other allegations herein.
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`25. A second identifier for the second (sending) positional information
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`device is determined based on the first identifier and the server retrieves the at least
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`one address stored in the at least one sending positional information device. The
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`Product application installed on the requesting positional information device requests
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`(from the server) the vehicle’s GPS location (i.e., at least one stored address stored).
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`As shown above, before activating the tracker (i.e., the sending positional information
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`device), a unique tracking device’s ID number (i.e., second identifier) needs to be
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`added to the user’s account identified by the user login ID and password (i.e., the first
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`identifier). Hence, the tracker device’s ID number (i.e., second identifier) is mapped
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`Case 2:21-cv-00519 Document 1 Filed 01/20/21 Page 11 of 13 Page ID #:11
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`to the user’s login ID (i.e., the first identifier) for tracking the real-time location (i.e.,
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`at least one stored address stored) of the vehicle. Certain aspects of this element are
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`illustrated in the screenshot(s) below and/or in those provided in connection with
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`other allegations herein.
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`Case 2:21-cv-00519 Document 1 Filed 01/20/21 Page 12 of 13 Page ID #:12
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`26. Defendant’s actions complained of herein will continue unless
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`Defendant is enjoined by this court.
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`27. Defendant’s actions complained of herein are causing irreparable harm
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`and monetary damage to Plaintiff and will continue to do so unless and until
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`Defendant is enjoined and restrained by this Court.
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`28. Plaintiff is in compliance with 35 U.S.C. § 287.
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`PRAYER FOR RELIEF
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`WHEREFORE, Plaintiff asks the Court to:
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`(a) Enter judgment for Plaintiff on this Complaint on all causes of action
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`asserted herein;
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`Case 2:21-cv-00519 Document 1 Filed 01/20/21 Page 13 of 13 Page ID #:13
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`(b) Enter an Order enjoining Defendant, its agents, officers, servants,
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`employees, attorneys, and all persons in active concert or participation with Defendant
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`who receive notice of the order from further infringement of United States Patent No.
`
`9,261,365 (or, in the alternative, awarding Plaintiff a running royalty from the time of
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`judgment going forward);
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`
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`(c) Award Plaintiff damages resulting from Defendant’s infringement in
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`accordance with 35 U.S.C. § 284;
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`(d) Award Plaintiff pre-judgment and post-judgment interest and costs; and
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`(e) Award Plaintiff such further relief to which the Court finds Plaintiff
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`entitled under law or equity.
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`Dated: January 20, 2021
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`Respectfully submitted,
`
`/s/ Stephen M. Lobbin
`Stephen M. Lobbin
`sml@smlavvocati.com
`SML AVVOCATI P.C.
`969 Hilgard Ave., Suite 1012
`Los Angeles, California 90024
`(949) 636-1391 (Phone)
`
`Attorney(s) for Plaintiff Social Positioning
`Input Systems, LLC
`
`
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