Case 4:18-cv-07152-JST Document 1 Filed 07/23/18 Page 1 of 25
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`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF NEW YORK
`
`RIDEAPP, INC.
`
`Plaintiff
`
`CIVIL ACTION NO. __________
`
`v .
`
`LYFT, INC.
`
`Defendant
`
`JURY TRIAL DEMANDED
`
`COMPLAINT
`
`In 1999, Georgia Tech Engineering Professor Stephen Dickerson conceived of a
`
`transportation system to provide greater convenience and service to customers, especially
`
`underserved communities such as the outer boroughs of New York City, and to reduce the social
`
`and personal costs of commuting. His system integrated cell phones, the Global Positioning
`
`System, and automatic billing technology to allow a passenger who needed a ride to be connected
`
`to a driver with an empty seat who was going to the same destination. The system he envisioned
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`would identify the passenger to the driver and vice versa, estimate connection and arrival times,
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`and automatically bill the passenger in a safe and secure manner that required no cash to change
`
`hands. And he conceived of all of this at a time during which no major cellphone manufacturer
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`had yet integrated GPS technology into any commercially available cellphones, and certainly no
`
`cellphones allowed for automatic billing for anything other than cellphone calls.
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`18-cv-6625
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`Case 4:18-cv-07152-JST Document 1 Filed 07/23/18 Page 2 of 25
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`In April 2000, he filed an application for a patent on the transportation system he invented.
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`He was awarded U.S. Patent No. 6,697,730 to protect his ideas, and he later incorporated RideApp
`
`(“RideApp” or “Plaintiff”) to develop that transportation system.
`
`More than ten years after Professor Dickerson filed his patent application, Lyft was formed.
`
`The core of its business model is the transportation system of Prof. Dickerson’s invention; without
`
`that system, Lyft literally cannot operate. Throughout its existence, it has egregiously infringed
`
`the ‘730 Patent without paying any compensation to Prof. Dickerson, despite earning up to $1
`
`billion in annual revenue. Prof. Dickerson seeks that compensation through this lawsuit.
`
`A.
`
`NATURE OF ACTION
`
`1.
`
`This is an action for patent infringement under the patent laws of the United
`
`States, Title 35 of the United States Code, arising from Defendant’s infringement of one or more
`
`claims of United States Patent No. 6,697,730 (the “‘730 Patent”).
`
`B.
`
`PARTIES
`
`2.
`
`Plaintiff RideApp, Inc. is a company organized and existing under the laws of
`
`the State of Delaware with a place of business at 227 Sandy Springs Place, Suite D-273, Sandy
`
`Springs, Georgia 30328. RideApp develops transportation system software to reduce the social
`
`costs of traffic congestion and inefficient travel, as more fully described below.
`
`3.
`
`Defendant Lyft is a company organized and existing under the laws of the State
`
`of Delaware but with a principal place of business at 185 Berry Street, Suite 5000, San Francisco,
`
`CA 94107. Lyft has maintained a permanent business location with approximately 80 engineering,
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`marketing, and sales employees at 245 West 17th Street, New York, New York, in this judicial
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`district, since November 2017. Lyft’s agent for service of process is CT Corporation System, 111
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`Eighth Avenue, New York, NY 10011. Lyft is a privately-held, for-profit corporation that
`
`provides on-demand transportation services to individuals.
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`Case 4:18-cv-07152-JST Document 1 Filed 07/23/18 Page 3 of 25
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`C.
`
`JURISDICTION AND VENUE
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`4.
`
`This action arises under the patent laws of the United States, Title 35 of the
`
`United States Code. This Court has subject matter jurisdiction over this action pursuant to 28
`
`U.S.C. §§ 1331 and 1338(a).
`
`5.
`
`This Court has personal jurisdiction over Defendant because, inter alia, Lyft
`
`maintains a regular and established place of business in this judicial district, Lyft transacts business
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`in this district and has sufficient minimum contacts within the forum as a result of its business
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`conducted within the this judicial district, and it has engaged in infringing conduct within or
`
`directed at this district.
`
`6.
`
`Venue is proper in this District pursuant to 28 U.S.C. §§ 1391 and 1400(b).
`
`D.
`
`FACTS AND BACKGROUND
`
`1.
`
`7.
`
`Professor Dickerson Invents A Coordinated Transportation System To
`Minimize The Social Costs Of Traffic Congestion.
`
`Dr. Stephen Dickerson received his Sc.D. degree from MIT in 1965. He was
`
`then hired as an Assistant Professor at Georgia Institute of Technology (“Georgia Tech”) in the
`
`George W. Woodruff School of Mechanical Engineering. Dr. Dickerson retired from Georgia
`
`Tech as a Professor Emeritus in 1996.
`
`8.
`
`Around the time of his invention, Professor Dickerson had serious concerns about
`
`the social costs of urban transportation, such as traffic congestion, environmental impacts, costs of
`
`and impact on infrastructure,
`
`travel
`
`time and uncertainty, and high costs of individual
`
`transportation borne by families. Indeed, during this period, the city of Atlanta was undergoing
`
`explosive growth, with the increasingly negative effects of traffic usually attendant to such rapid
`
`expansion. Nearly a decade before companies like Lyft began operations, Professor Dickerson
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`Case 4:18-cv-07152-JST Document 1 Filed 07/23/18 Page 4 of 25
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`was a pioneer in developing the radical idea of what we have come to know as ride- and vehicle-
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`sharing services.
`
`9.
`
`Professor Dickerson invented an automated transit system that uses wireless,
`
`hand-held devices to hail vehicles;
`
`includes integrated global positioning system (“GPS”)
`
`matching and billing for rides; provides for an automated, cash-free transaction; and advises both
`
`the driver and the passenger of each other’s GPS location and the time at which a driver is
`
`anticipated to arrive.
`
`10.
`
`In approximately August 2006, Professor Dickerson donated $1.5 million in
`
`proceeds from another invention to Georgia Tech to endow a chair for a professor to study and
`
`develop such transportation solutions.
`
`2.
`
`11.
`
`12.
`
`The Patent-In-Suit Discloses An Integrated, More Efficient Transportation
`System.
`
`Professor Dickerson is listed as the inventor of the ‘730 Patent.
`
`On February 24, 2004,
`
`the United States Patent and Trademark Office
`
`(“USPTO”) issued the ‘730 Patent, entitled “Communications and Computing Based Urban
`
`Transit System.” The application that issued as the ‘730 Patent was filed on April 4, 2001, with
`
`priority claimed to a provisional patent application U.S. Ser. No. 60/273,286, also entitled
`
`“Communications and Computing Based Urban Transit System” (filed on March 1, 2001) and
`
`originally to U.S. Ser. No. 60/194,416, entitled “Communications and Computing Based Urban
`
`Transit System” (filed on April 4, 2000).
`
`13.
`
`As a faculty member of Georgia Tech, Professor Dickerson was initially
`
`obligated to assign his ‘730 Patent to the Georgia Tech Research Corporation, and this assignment
`
`was recorded by the USPTO on April 4, 2001. The Georgia Tech Research Corporation licensed
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`Case 4:18-cv-07152-JST Document 1 Filed 07/23/18 Page 5 of 25
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`the ‘730 Patent but made no effort to enforce it against any infringing parties during the time that
`
`it held the patent by assignment.
`
`14.
`
`In early 2018, then retired but still interested in pursuing further development of
`
`the claimed technology, Professor Dickerson was able, in discussions with the Georgia Tech
`
`Research Corporation, to have the assignment for the ‘730 Patent returned to him. This was
`
`accomplished in an assignment recorded on February 20, 2018, with a corrected assignment
`
`subsequently recorded on April 26, 2018. Professor Dickerson subsequently assigned the ‘730
`
`Patent to his newly formed transportation company, RideApp, Inc., with a recording date of May
`
`7, 2018 in the USPTO.
`
`15.
`
`RideApp is the current owner by assignment of all right, title, and interest in and
`
`to the ‘730 Patent and has standing to sue for the past, present, and future infringement of the ‘730
`
`Patent. The claims of the ‘730 Patent are valid and enforceable. A true and correct copy of the
`
`‘730 Patent is attached. See Ex. A.
`
`16.
`
`The claims of the ‘730 Patent generally are directed to an automated transit
`
`system that integrates digital cellular communications, GPS locating technology, automatic billing
`
`and payment, and digital computers that interface with all of the foregoing to provide real-time
`
`command and control of passengers and vehicles.
`
`17.
`
`The ‘730 Patent addresses the economic and social problems of commuting;
`
`offers car transportation services to underserved communities, such as the outer boroughs of New
`
`York City; reduces pollution; reduces the costs of purchasing, maintaining, owning, operating, and
`
`insuring motor vehicles; addresses the costs of building and maintaining highways, mass
`
`transportation systems, and other infrastructure required for individual transportation vehicles;
`
`addresses the inefficiencies attendant to the fact that, by some estimates, most passenger vehicles
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`Case 4:18-cv-07152-JST Document 1 Filed 07/23/18 Page 6 of 25
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`sit, idle and unused, more than 90% of the time; and mitigates the lack of sufficient parking for
`
`individual transport vehicles at retail establishments and business centers.
`
`18.
`
`Traditional mass transit systems cannot solve these problems due to the high
`
`costs of installing mass transit systems, particularly rail systems, which are extremely expensive
`
`to install in highly populated areas, if the necessary land and easements can even be obtained, and
`
`extremely difficult to use in less populated areas. Further, such systems inevitably have widely-
`
`spaced travel schedules, inefficiencies, and uncertainties that make use by many consumers
`
`inefficient and time-prohibitive.
`
`19.
`
`The invention disclosed in the ‘730 Patent radically changes the logistics,
`
`economies, impacts, and efficiencies of the transportation system. The invention generally is an
`
`automated and integrated communications and computing system that uses a central assigning
`
`system and handheld devices to provide information between the passengers of the transit system,
`
`the vehicles and/or drivers, and the central assigning system itself, which is used to move the
`
`passengers between particular originating and destination sites. “The transit system preferably
`
`integrates mass transit needs by providing wireless communications between the passengers of the
`
`transit system, the vehicles, and the central assigning system and destination sites.” (‘730 Patent,
`
`col.3, ll.48-52)
`
`20.
`
`The invention allows a passenger to use a hand-carried device to request a vehicle
`
`and a central assigning system that tracks the geographic position of all vehicles in real time, to
`
`dispatch a vehicle in response to the passenger’s request. “The central assigning system is capable
`
`of maximizing efficiencies in urban transportation with the information received from and sent to
`
`the passenger and vehicles.” (‘730 Patent, col.4, ll.6-9.) “The system provides passengers with
`
`the greatest flexibility and convenience with relatively low economic and environmental costs
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`Case 4:18-cv-07152-JST Document 1 Filed 07/23/18 Page 7 of 25
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`through the use of wireless communications to and from passengers, vehicles and the central
`
`assigning system.” (‘730 Patent, col.4, ll.10-14.)
`
`3.
`
`21.
`
`22.
`
`The ‘730 Patent Claims A Unified Ride- And Vehicle-Sharing System.
`
`The ‘730 Patent includes five independent and one dependent claims.
`
`Independent claim 2 of the ‘730 Patent is representative. It claims:
`
`An automated system for providing unified billing for passenger
`transport comprising:
`
`(a) a central data system for tracking passenger transportation vehicle
`usage and distributing periodic invoices for the usage; and
`(b) a plurality of communication devices for proving wireless
`communication between passengers, vehicles, and the central data
`system in connection with the passenger transportation vehicle
`usage; and
`(c) a wireless means of on-demand allocation of a passenger to a specific
`vehicle through the central data system.
`
`(‘730 Patent, Claim 2, col.23, l.62-col.24, l.23.)
`
`23.
`
`Independent Claim 3 of the ‘730 Patent is also representative. Claim 3 reads as
`
`follows:
`
`An automated system for providing unified billing for passenger
`transport comprising:
`
`(a) a central data system for tracking passenger transportation vehicle
`usage and distributing periodic invoices for the usage; and
`(b) a plurality of communication devices for providing wireless
`communication between passengers, vehicles, and the central data
`system in connection with the passenger transportation vehicle
`usage;
`(c) a wireless means of on-demand allocation of a passenger to a
`specific vehicle through the central data system; and
`(d) a wireless means of informing the passenger of the assignment and
`updated arrival time.
`
`(‘730 Patent, Claim 3, col.24, ll.23-37.)
`
`24.
`
`The remaining claims of the patent generally share these essential limitations.
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`7
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`4.
`
`25.
`
`Lyft’s Products And Services Rely On Professor Dickerson’s Invention.
`
`Lyft was founded in 2012 as Zimride and officially launched as Lyft in 2013. In
`
`October 2017, Lyft announced that it had given over half billion rides, having completed the last
`
`100 million in just three months. Lyft also announced that it was connecting passengers with
`
`drivers
`
`over
`
`1 million
`
`times
`
`every
`
`single
`
`day.
`
`See Ex. B (available
`
`at
`
`https://blog.lyft.com/posts/2017/10/10/half-a-billion-rides-and-counting).
`
`Reportedly, Lyft
`
`realized over $480 million in revenue during the first half of 2017 alone. See Ex. H (available at
`
`https://techcrunch.com/2017/11/30/lyft-gained-from-ubers-scandals-sees-revenue-triple/).
`
`26.
`
`Lyft makes, uses, sells, offers for sale, and/or imports into the United States and
`
`this District products and services that practice the claims of the ‘730 Patent, including but not
`
`limited to Standard Lyft, Lyft Line, Lyft Shuttle Lyft Plus, Lyft Premier, Lyft Lux, and Lyft Lux
`
`SUV (collectively, the “Accused Products and Services”).
`
`27.
`
`The foregoing Accused Products and Services are integrated into a system
`
`comprising a technology platform and smartphone applications to connect drivers and passengers:
`
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`28.
`
`ApassengerusestheLyftApptorequestarideand,throughtheLyftApp,a
`driver accepts the request.
`See Ex. C (available at https://help.lyft.com/hc/en-
`us/articles/115013080028-How-to-give-a-Lyft-ride). Whenapassengerrequestsaride,
`theLyftAppusesGPStoprovideamapandallowsthepassengertosetapickuplocation.
`SeeEx.D(availableathttps://help.lyft.com/hc/en-us/articles/115013079988-How-to-
`request-a-ride).
`
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`29.
`
`The Lyft App and/or technology platform wirelessly detect the proximity of the
`
`passenger and alert the passenger of the proximity of the vehicle. See Ex. E (available at
`
`https://help.lyft.com/hc/en-us/articles/115013080908-How-to-get-picked-up-as-a-passenger).
`
`The Lyft App displays the driver’s estimated time of arrival and notifies the passenger when the
`
`driver is about to arrive. See Ex. E.
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`10
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`30.
`
`The Lyft App and/or the technology platform automatically calculate the
`
`passenger’s fare, and the fare automatically is charged to the payment method linked to the
`
`passenger’s
`
`account.
`
`See
`
`Ex.
`
`F
`
`(available
`
`at
`
`https://help.lyft.com/hc/en-
`
`us/articles/115012926507-How-to-pay-for-a-Lyft-ride). A passenger’s receipt automatically is
`
`emailed to the passenger’s email address upon completion of the trip.
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`31.
`
`Lyft uses a plurality of communication devices–smartphones used by the
`
`passengers and drivers,
`
`its
`
`technology platform, and applications–to provide wireless
`
`communication between passengers, vehicles, and a central data system in order to operate its
`
`passenger
`
`transit
`
`system.
`
`See supra Ex. C (available at https://help.lyft.com/hc/en-
`
`us/articles/115013080028-How-to-give-a-Lyft-ride).
`
`32.
`
`Lyft uses a wireless means – the Lyft App and/or other applications running on
`
`smartphones – to provide on-demand allocation of a passenger to a specific vehicle through its
`
`central data system. See Ex. G (“Ridesharing matches you with a nearby driver who will pick you
`
`up and take you where you want to go.”) (available at https://blog.lyft.com/posts/how-does-lyft-
`
`work).
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`33.
`
`Once a driver has been assigned to a ride, the Lyft App wirelessly informs the
`
`passenger of the assignment and provides information on driver proximity and arrival time. See
`
`supra Ex. G (“You’ll see a photo of your driver and the car, as well as their ETA.”) (available at
`
`https://blog.lyft.com/posts/how-does-lyft-work).
`
`34.
`
`Once a passenger enters the address or name of his/her destination, the Lyft
`
`Driver App will display the suggested route for the driver to take and an estimated time of arrival:
`
`See supra Ex. C (available at https://help.lyft.com/hc/en-us/articles/115013080028-How-to-give-
`
`a-Lyft-ride). It can thus be seen that the technology disclosed in Prof. Dickerson’s ‘730 Patent is
`
`absolutely core to the way in which Lyft operates its business.
`
`13
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`Case 4:18-cv-07152-JST Document 1 Filed 07/23/18 Page 14 of 25
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`COUNT I
`
`(Direct Infringement of the ‘730 Patent pursuant to 35 U.S.C. § 271(a))
`
`(Claim 2)
`
`35.
`
`Plaintiff hereby incorporates by reference the allegations of Paragraphs 1 through
`
`34 of this Complaint as if fully set forth herein.
`
`36.
`
`Lyft has directly infringed, literally or under the doctrine of equivalents, and
`
`continues to infringe, Claim 2 of the ‘730 Patent in this judicial district, in the State of New York,
`
`and throughout the United States under 35 U.S.C. § 271(a) by making, using, importing, selling,
`
`and/or offering for sale in the United States, without license, the Accused Products and Services.
`
`37.
`
`Claim 2 reads as follows:
`
`An automated system for providing unified billing for passenger transport
`comprising:
`
`(a) a central data system for tracking passenger transportation vehicle
`usage and distributing periodic invoices for the usage; and
`(b) a plurality of communication devices for proving wireless
`communication between passengers, vehicles, and the central data
`system in connection with the passenger transportation vehicle
`usage; and
`(c) a wireless means of on-demand allocation of a passenger to a
`specific vehicle through the central data system.
`
`(‘730 Patent, Claim 2, col.23, l.62-col.24, l.23.) The specific features that meet these limitations
`
`are referenced below.
`
`38.
`
`The Accused Products and Services are an “automated system for providing
`
`unified billing for passenger transport.” (See Paragraph s 25-29.)1
`
`1TheserefertotheavermentscontainedinthereferencedparagraphsofthisComplaint,
`see supra,whichdescribeandestablishinfringementbytheLyftAccusedProductsand
`Services.
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`39.
`
`The Accused Products and Services comprise “a central data system for tracking
`
`passenger transportation vehicle usage and distributing periodic invoices for the usage.” (See
`
`Paragraphs 29-30.)
`
`40.
`
`The Accused Products and Services comprise “a plurality of communication
`
`devices for proving wireless communication between passengers, vehicles, and the central data
`
`system in connection with the passenger transportation vehicle usage.” (See Paragraphs 29-34.)
`
`41.
`
`The Accused Products and Services include “a wireless means of on-demand
`
`allocation of a passenger to a specific vehicle through the central data system.” (See Paragraphs
`
`27-33.)
`
`42.
`
`Lyft’s infringement of the ‘730 Patent has injured Plaintiff and will continue to
`
`cause severe and irreparable damage as long as Lyft’s infringing activities continue.
`
`43.
`
`Plaintiff is entitled to recover damages adequate to compensate it for the injuries
`
`complained of herein but, in no event, no less than a reasonable royalty.
`
`(Indirect Infringement of the ‘730 Patent pursuant to U.S.C. 35 U.S.C. § 271(b))
`
`COUNT II
`
`(Claim 2)
`
`44.
`
`Plaintiff hereby incorporates by reference the allegations of Paragraphs 1 through
`
`43 of this Complaint as if fully set forth herein.
`
`45.
`
`As set forth above, Lyft directly infringed the ‘730 Patent in this judicial district,
`
`in the State of New York, and throughout the United States.
`
`46.
`
`Lyft’s Accused Products and Services are “bundled up into a platform” in the
`
`form of the Lyft App, the Lyft Rider App, and the Lyft Driver App, all of which to allow
`
`passengers to contact drivers and others.
`
`(See Paragraphs 27-30.) Lyft induces passengers,
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`Case 4:18-cv-07152-JST Document 1 Filed 07/23/18 Page 16 of 25
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`drivers, and others to download this platform in the form of a smartphone application to allow
`
`drivers and passengers to use the Accused Products and Services.
`
`47.
`
`Lyft has indirectly infringed, literally or under the doctrine of equivalents, and
`
`continues to infringe claims 2 of the ‘730 Patent within this judicial district, in the State of New
`
`York, and throughout the United States under 35 U.S.C. § 271(b) by inducing, instructing,
`
`directing, controlling, advertising, and/or requiring others to directly infringe claim 2 of the ‘730
`
`Patent, including customers, purchasers, users, developers, passengers, drivers, and users of the
`
`Accused Products and Services.
`
`48.
`
`Plaintiff has suffered, and will continue to suffer, substantial and irreparable
`
`harm if Lyft is not enjoined from infringing the ‘730 Patent.
`
`49.
`
`50.
`
`Plaintiff has no adequate remedy at law.
`
`Plaintiff is further entitled to have Lyft enjoined from inducing future acts of
`
`infringement that will subject Plaintiff to irreparable harm.
`
`COUNT III
`
`(Direct Infringement of the ‘730 Patent pursuant to U.S.C. 35 U.S.C. § 271(a))
`
`(Claim 3)
`
`51.
`
`Plaintiff hereby incorporates by reference the allegations of Paragraphs 1 through
`
`50 of this Complaint as if fully set forth herein.
`
`52.
`
`Lyft has directly infringed, literally or under the doctrine of equivalents, and
`
`continues to infringe, claim 3 of the ‘730 Patent in this judicial district, in the State of New York,
`
`and throughout the United States under 35 U.S.C. § 271(a) by making, using, importing, selling,
`
`and/or offering for sale in the United States, without license, infringing products and services.
`
`53.
`
`Claim 3 of the ‘730 Patent claims:
`
`16
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`Case 4:18-cv-07152-JST Document 1 Filed 07/23/18 Page 17 of 25
`
`An automated system for providing unified billing for passenger transport
`comprising:
`
`(a)
`
`(b)
`
`(c)
`
`(d)
`
`a central data system for tracking passenger transportation vehicle usage
`and distributing periodic invoices for the usage; and
`a plurality of
`communication devices
`for
`providing wireless
`communication between passengers, vehicles, and the central data
`system in connection with the passenger transportation vehicle usage;
`a wireless means of on-demand allocation of a passenger to a specific
`vehicle through the central data system; and
`a wireless means of informing the passenger of the assignment and
`updated expected arrival time.
`
`(‘790 Patent, Claim 3, col.24 ll.23-35.) The specific features that meet these limitations are set
`
`forth below.
`
`54.
`
`The Accused Products and Services comprise an “automated system for
`
`providing unified billing for passenger transport.” (See Paragraphs 25-29.)
`
`55.
`
`The Accused Products and Services provide “a central data system for tracking
`
`passenger transportation vehicle usage and distributing periodic invoices for the usage.” (See
`
`Paragraphs 29-30.)
`
`56.
`
`The Accused products and Services comprise “a plurality of communication
`
`devices for providing wireless communication between passengers, vehicles, and the central data
`
`system in connection with the passenger transportation vehicle usage.” (See Paragraphs 29-34.)
`
`57.
`
`The Accused products and Services comprise “a wireless means of on-demand
`
`allocation of a passenger to a specific vehicle through the central data system.” (See Paragraphs
`
`27-34.)
`
`58.
`
`The Accused products and Services comprise “a wireless means of informing the
`
`passenger of the assignment and updated expected arrival time.” (See Paragraphs 27-34.)
`
`59.
`
`Lyft’s infringement of the ‘730 Patent has injured Plaintiff and will continue to
`
`cause severe and irreparable damage as long as Lyft’s infringing activities continue.
`
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`Case 4:18-cv-07152-JST Document 1 Filed 07/23/18 Page 18 of 25
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`60.
`
`Plaintiff is entitled to recover damages adequate to compensate it for the injuries
`
`complained of herein but, in no event, no less than a reasonable royalty.
`
`61.
`
`Plaintiff has suffered, and will continue to suffer, substantial and irreparable
`
`harm if Lyft is not enjoined from infringing the ‘730 Patent.
`
`62.
`
`63.
`
`Plaintiff has no adequate remedy at law.
`
`Plaintiff is further entitled to have Lyft enjoined from committing future acts of
`
`infringement that will subject Plaintiff to irreparable harm.
`
`COUNT IV
`
`(Indirect Infringement of the ‘730 Patent pursuant to U.S.C. 35 U.S.C. § 271(b))
`
`(Claim 3)
`
`64.
`
`Plaintiff hereby incorporates by reference the allegations of Paragraphs 1 through
`
`63 of this Complaint as if fully set forth herein.
`
`65.
`
`As set forth above, Lyft directly infringed and continues to infringe claim 3 of
`
`the ‘730 Patent.
`
`66.
`
`Lyft’s Accused Products and Services are “bundled up into a platform” in the
`
`form of the Lyft App, the Lyft Rider App, and the Lyft Driver App, all of which allow passengers
`
`to contact drivers and others. (See Paragraphs 27-30.) Lyft induces passengers, drivers, and others
`
`to download this platform in the form of a smartphone application to allow drivers and passengers
`
`to use the Accused Products and Services.
`
`67.
`
`Lyft has indirectly infringed, literally or under the doctrine of equivalents, and
`
`continues to infringe claim 3 of the ‘730 Patent within this judicial district, in the State of New
`
`York, and throughout the United States under 35 U.S.C. § 271(b) by inducing, instructing,
`
`directing, controlling, advertising, and/or requiring others to directly infringe, without license,
`
`18
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`Case 4:18-cv-07152-JST Document 1 Filed 07/23/18 Page 19 of 25
`
`claim 3 of the ‘730 Patent, including customers, purchasers, users, developers, passengers, drivers,
`
`and users of the Accused Products and Services.
`
`68.
`
`Lyft has indirectly infringed, literally or under the doctrine of equivalents, and
`
`continues to infringe claim 3 of the ‘730 Patent within this judicial district, in the State of New
`
`York, and throughout the United States under 35 U.S.C. § 271(b) by inducing, instructing,
`
`directing, controlling, advertising, and/or requiring others to directly infringe claim 3 of the ‘730
`
`Patent, including customers, purchasers, users, developers, passengers, drivers, and users of the
`
`Accused Products and Services.
`
`69.
`
`Plaintiff has suffered, and will continue to suffer, substantial and irreparable
`
`harm if Lyft is not enjoined from infringing the ‘730 Patent.
`
`70.
`
`71.
`
`Plaintiff has no adequate remedy at law.
`
`Plaintiff is further entitled to have Lyft enjoined from inducing future acts of
`
`infringement that will subject Plaintiff to irreparable harm.
`
`COUNT V
`
`(Direct Infringement of the ‘730 Patent pursuant to U.S.C. 35 U.S.C. § 271(a))
`
`(Claim 6)
`
`72.
`
`Plaintiff hereby incorporates by reference the allegations of Paragraphs 1 through
`
`71 of this Complaint as if fully set forth herein.
`
`73.
`
`Lyft has directly infringed, literally or under the doctrine of equivalents, and
`
`continues to infringe, claim 6 of the ‘730 Patent in this judicial district, in the State of New York,
`
`and throughout the United States under 35 U.S.C. § 271(a) by making, using, importing, selling,
`
`and/or offering for sale in the United States, without license, infringing products and services.
`
`19
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`Case 4:18-cv-07152-JST Document 1 Filed 07/23/18 Page 20 of 25
`
`74.
`
`Lyft has directly infringed, literally or under the doctrine of equivalents, and
`
`continues to infringe, claim 6 of the ‘730 Patent in this judicial district, in the State of New York,
`
`and throughout the United States under 35 U.S.C. § 271(a) by making, using, importing, selling,
`
`and/or offering for sale in the United States, without license, infringing products and services.
`
`75.
`
`Claim 6 of the ‘730 Patent reads as follows:
`
`An automated system for providing unified billing for passenger
`transport comprising:
`
`(a)
`
`(b)
`
`(c)
`
`a central data system for tracking passenger transportation
`vehicle usage and distributing periodic invoices for the
`usage; and
`a plurality of communication devices for providing wireless
`communication between passengers, vehicles, and the
`central data system in connection with the passenger
`transportation vehicle usage; and
`a wireless means of detecting the proximity of the
`passenger and alerting the passenger of the proximity of
`the vehicle.
`
`(‘730 Patent, Claim 5, col.24, ll.53-65.) The specific features that meet these limitations are set
`
`forth below.
`
`76.
`
`The Accused Products and Services comprise an “automated system for
`
`providing unified billing for passenger transport.” (See Paragraphs 25-29.)
`
`77.
`
`The Accused Products and Services comprise an “a central data system for
`
`tracking passenger transportation vehicle usage and distributing periodic invoices for the usage.”
`
`(See Paragraphs 29-30.)
`
`78.
`
`The Accused Products and Services comprise “a plurality of communication
`
`devices for providing wireless communication between passengers, vehicles, and the central data
`
`system in connection with the passenger transportation vehicle usage.” (See Paragraphs 29-34.)
`
`20
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`Case 4:18-cv-07152-JST Document 1 Filed 07/23/18 Page 21 of 25
`
`79.
`
`The Accused Products and Services comprise an “a wireless means of detecting
`
`the proximity of the passenger and alerting the passenger of the proximity of the vehicle.” (See
`
`Paragraphs 29-34.)
`
`80.
`
`Lyft’s infringement of the ‘730 Patent has injured Plaintiff and will continue to
`
`cause severe and irreparable damage as long as Lyft’s infringing activities continue.
`
`81.
`
`Plaintiff is entitled to recover damages adequate to compensate it for the injuries
`
`complained of herein but, in no event, no less than a reasonable royalty.
`
`82.
`
`Plaintiff has suffered, and will continue to suffer, substantial and irreparable
`
`harm if Lyft is not enjoined from infringing the ‘730 Patent.
`
`83.
`
`84.
`
`Plaintiff has no adequate remedy at law.
`
`Plaintiff is further entitled to have Lyft enjoined from committing future acts of
`
`infringement that will subject Plaintiff to irreparable harm.
`
`COUNT VI
`
`(Indirect Infringement of the ‘730 Patent pursuant to U.S.C. 35 U.S.C. § 271(b))
`
`(Claim 6)
`
`85.
`
`Plaintiff hereby incorporates by reference the allegations of Paragraphs 1 through
`
`84 of this Complaint as if fully set forth herein.
`
`86.
`
`As set forth above, Lyft directly infringed and continues to infringe Claim 6 of
`
`the ‘730 Patent within this judicial district, in the State of New York, and throughout the United
`
`States.
`
`87.
`
`Lyft’s Accused Products and Services are “bundled up into a platform” in the
`
`form of the Lyft App, the Lyft Rider App, and the Lyft Driver App, all of which allow passengers
`
`to contact drivers and others. (See Paragraphs 27-30.) Lyft induces passengers, drivers, and others
`
`21
`
`

`

`Case 4:18-cv-07152-JST Document 1 Filed 07/23/18 Page 22 of 25
`
`to download this platform in the form of a smartphone application to allow drivers and passengers
`
`to use the Accused Products and Services.
`
`88.
`
`Lyft has indirectly infringed, literally or under the doctrine of equivalents, and
`
`continues to infringe claim 6 of the ‘730 Patent within this judicial district, in the State of New
`
`York, and throughout the United States under 35 U.S.C. § 271(b) by inducing, instructing,
`
`directing, controlling, advertising, and/or requiring others to directly infringe, without license,
`
`claim 6 of the ‘730 Patent, including customers, purchasers, users, developers, drivers, and users
`
`of the Accused Products and Services.
`
`DEMAND FOR JURY TRIAL
`
`89.
`
`Plaintiff demands that all issues be determined by a jury.
`
`PRAYER FOR RELIEF
`
`WHEREFORE, Plaintiff prays for a judgment in its favor and against Defendant and
`
`respectfully request the following relief:
`
`A.
`
`A judgment declaring that Defendant has infringed, either literally or under the
`
`doctrine of equivalents, one or more c