Case: 1:21-cv-00699-JG Doc #: 1 Filed: 03/30/21 1 of 17. PageID #: 1
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF OHIO
`
`
`
`Civil Action No.:
`
`
`TRIAL BY JURY DEMANDED
`
`GRIDLEY IP LLC,
`
` Plaintiff,
`
` v.
`
`DOORDASH, INC.,
`
` Defendant.
`
`
`COMPLAINT FOR INFRINGEMENT OF PATENT
`
`Now comes, Plaintiff, Gridley IP LLC (“Plaintiff” or “Gridley”), by and through
`
`undersigned counsel, and respectfully alleges, states, and prays as follows:
`
`NATURE OF THE ACTION
`
`1.
`
`This is an action for patent infringement under the Patent Laws of the United States,
`
`Title 35 United States Code (“U.S.C.”) to prevent and enjoin Defendant Doordash, Inc.
`
`(hereinafter “Defendant”), from infringing and profiting, in an illegal and unauthorized manner,
`
`and without authorization and/or consent from Plaintiff from U.S. Patent No. 8,676,668 (“the ‘668
`
`Patent”) and U.S. Patent No. 9,852,435 (“the ‘435 Patent) (collectively the “Patents-in-Suit”),
`
`which is attached hereto as Exhibit A and Exhibit B, respectively, and incorporated herein by
`
`reference, and pursuant to 35 U.S.C. §271, and to recover damages, attorney’s fees, and costs.
`
`THE PARTIES
`
`2.
`
`Plaintiff is a Texas limited liability company with its principal place of business at
`
`13359 North Highway 183, Suite 406-760, Austin, TX 78750.
`
`3.
`
`Upon information and belief, Defendant is a corporation organized under the laws
`
`of Delaware, having a principal place in San Francisco California. Defendant maintains a physical
`
`presence in this Judicial District by maintaining a Cleveland Office at 31515 Lorain Rd, North
`
`
`
`1
`
`

`

`Case: 1:21-cv-00699-JG Doc #: 1 Filed: 03/30/21 2 of 17. PageID #: 2
`
`Olmsted, OH 44070. Upon information and belief, Defendant may be served with process c/o
`
`Registered Agent Solutions, Inc., 4568 Mayfield Road, Suite 204, Cleveland, Ohio 44121.
`
`JURISDICTION AND VENUE
`
`4.
`
`This is an action for patent infringement in violation of the Patent Act of the United
`
`States, 35 U.S.C. §§1 et seq.
`
`5.
`
`The Court has subject matter jurisdiction over this action pursuant to 28 U.S.C.
`
`§§1331 and 1338(a).
`
`6.
`
`This Court has personal jurisdiction over Defendant by virtue of its systematic and
`
`continuous contacts with this jurisdiction and its residence in this District, as well as because of
`
`the injury to Plaintiff, and the cause of action Plaintiff has risen in this District, as alleged herein.
`
`7.
`
`Defendant is subject to this Court’s specific and general personal jurisdiction
`
`pursuant to its substantial business in this forum, including: (i) at least a portion of the
`
`infringements alleged herein; (ii) regularly doing or soliciting business, engaging in other
`
`persistent courses of conduct, and/or deriving substantial revenue from goods and services
`
`provided to individuals in this forum state and in this judicial District; and (iii) being physically
`
`located in this District.
`
`8.
`
`Venue is proper in this judicial district pursuant to 28 U.S.C. §1400(b) because
`
`Defendant resides in this District under the Supreme Court’s opinion in TC Heartland v. Kraft
`
`Foods Group Brands LLC, 137 S. Ct. 1514 (2017) through its regular and established place of
`
`business in this District (i.e., Defendant’s Cleveland Office).
`
`FACTUAL ALLEGATIONS
`
`9.
`
`On March 18, 2014, the United States Patent and Trademark Office (“USPTO”)
`
`duly and legally issued the ‘668 Patent, entitled “METHOD FOR THE DETERMINATION OF
`
`
`
`2
`
`

`

`Case: 1:21-cv-00699-JG Doc #: 1 Filed: 03/30/21 3 of 17. PageID #: 3
`
`A TIME, LOCATION, AND QUALITY OF GOODS TO BE MADE AVAILABLE BASED ON
`
`MAPPED POPULATION ACTIVITY” after a full and fair examination. The ‘668 Patent is
`
`attached hereto as Exhibit A and incorporated herein as if fully rewritten.
`
`10.
`
`On December 26, 2017, the United States Patent and Trademark Office (“USPTO”)
`
`duly and legally issued the ‘435 Patent, entitled “TELEMETRICS BASED ON LOCATION AND
`
`TRACKING” after a full and fair examination. The ‘435 Patent is attached hereto as Exhibit B and
`
`incorporated herein as if fully rewritten.
`
`11.
`
`Plaintiff is presently the owner of the ‘668 Patent and the ‘435 Patent, having
`
`received all right, title and interest in and to the ‘668 Patent and the ‘435 Patent from the previous
`
`assignee of record. Plaintiff possesses all rights of recovery under the ‘668 Patent and the ‘435
`
`Patent, including the exclusive right to recover for past infringement.
`
`12.
`
`To the extent required, Plaintiff has complied with all marking requirements under
`
`35 U.S.C. § 287.
`
`13.
`
`Claim 1 of the ‘668 Patent states:
`
`“1. A method for mapping population activity, the method comprising:
`detecting wireless mobile devices within a geographic region at two or more
`different points in time;
`discerning a location, speed and direction of the wireless mobile devices
`within the geographic region to discern a particular location toward which the
`wireless mobile devices are moving;
`determining, based upon the location, speed, direction and the particular
`location toward which the wireless mobile devices are moving:
`a time at which goods or services are to be made available;
`a location at which the goods or services are to be made available; and
`a quantity of the goods or services to be made available, the determining
`being performed by one or more processors of a computer network; and
`presenting a result of the determining on a user interface of the computer
`network..” See Exhibit A.
`
`3
`
`
`
`
`
`

`

`Case: 1:21-cv-00699-JG Doc #: 1 Filed: 03/30/21 4 of 17. PageID #: 4
`
`14.
`
`Claim 9 of the ‘435 Patent states:
`
`“9. An apparatus effective to track potential purchasers, the apparatus
`comprising:
`a memory configured to store instructions; and
`a processor configured to be in communication with the memory, wherein
`the processor is configured to execute the instructions to:
`detect wireless mobile devices within a geographic region at two or
`more different points in time;
`discern a current location, a current speed, and a current direction of
`travel for the wireless mobile devices within the geographic region based
`on the detection of the wireless mobile devices;
`identify a set of the wireless mobile devices that are estimated to be
`within proximity of a particular location at a specified time or specified time
`period, based on the current location, the current speed, and the current
`direction of travel for the wireless mobile devices within the geographic
`region;
`retrieve demographic information related to the identified set of the
`wireless mobile devices;
`retrieve historical information related to the identified set of the
`wireless mobile devices;
`identify a portion of the identified set of the wireless mobile devices
`based on at least one of the demographic information or the historical
`information, wherein the identified portion is associated with goods or
`services that are available proximate to the particular location at the
`specified time or specified time period; and
`determine a quantity of the goods or services to be made available
`to users associated with the identified portion of the identified set of the
`wireless mobile devices, so as to facilitate provision of the determined
`quantity of the goods or services at the particular location at the specified
`time or specified time period to the users..” See Exhibit B.
`
`As identified in the Background Section of both the ‘668 Patent and the ‘435 Patent,
`
`
`15.
`
`prior art systems had technological faults. See Ex. A at Col 1:8-21, Ex. B at Col. 1:16-29.
`
`16. More particularly, the Background Section of both the ‘668 Patent and the ‘435
`
`Patent identifies that the prior art provided: “A particular problem that arises is that some
`
`customers demand prompt service or otherwise a sales opportunity may be lost. A large number
`
`
`
`4
`
`

`

`Case: 1:21-cv-00699-JG Doc #: 1 Filed: 03/30/21 5 of 17. PageID #: 5
`
`of businesses and other agencies provide goods and services that are valuable to consumers only
`
`when they can be provided at a proper time and place. Moreover, these goods and services may
`
`call for some advance planning immediately prior to providing the goods or services to such
`
`customers. This may be a particular problem when dealing with crowds, e.g., when large numbers
`
`of potential customers demand prompt service at a given time, and if no such service is provided,
`
`then opportunities to be a service provider may be lost.” Ex. A at Col 1:10-21, Ex. B at Col. 1:18-
`
`29.
`
`17.
`
`The Background of the ‘668 Patent and the ‘435 Patent identified computer-centric
`
`or internet-centric technological problems that needed to be solved.
`
`18.
`
`To address this specific technical problem, Claim 1 in the ‘668 Patent comprises a
`
`non-abstract method for mapping population activity. Ex. A at Col. 18:17-36.
`
`19.
`
`In further addressing this specific technical problem, Claim 9 in the ‘435 Patent
`
`comprises a non-abstract apparatus to track potential purchasers. Ex. B at Col. 19:52-20:20.
`
`20.
`
`Claim 1 of the ‘668 Patent provides a specific solution, to deal with the vulnerability
`
`of dealing with large number of potential customers demand prompt service at a given time as the
`
`method of Claim 1 requires detecting wireless mobile devices within a geographic region at two
`
`or more different points in time; discerning a location, speed and direction of the wireless mobile
`
`devices within the geographic region to discern a particular location toward which the wireless
`
`mobile devices are moving; determining, based upon the location, speed, direction and the
`
`particular location toward which the wireless mobile devices are moving: a time at which goods
`
`or services are to be made available; a location at which the goods or services are to be made
`
`available; and a quantity of the goods or services to be made available, the determining being
`
`
`
`5
`
`

`

`Case: 1:21-cv-00699-JG Doc #: 1 Filed: 03/30/21 6 of 17. PageID #: 6
`
`performed by one or more processors of a computer network; and presenting a result of the
`
`determining on a user interface of the computer network. See Ex A at Col. 18:18-36.
`
`21.
`
`The specific method steps of Claim 1 of the ‘668 Patent, as combined, accomplish
`
`the desired result of increased immunity, efficiency and optimization from dealing with large
`
`number of potential customers demand prompt service at a given time.
`
`22.
`
`Regarding the specific non-conventional and non-generic arrangements of known,
`
`conventional pieces to overcome an existing problem, the method of Claim 1 in the ‘668 Patent
`
`would not preempt all ways of mapping populating activity because Claim 1 requires determining,
`
`based upon the location, speed, direction and the particular location toward which the wireless
`
`mobile devices are moving: a time at which goods or services are to be made available; a location
`
`at which the goods or services are to be made available; and a quantity of the goods or services to
`
`be made available, the determining being performed by one or more processors of a computer
`
`network. Ex. A at Col.18:26-33.
`
`23.
`
`There are other ways to effectuate the determination, based upon the location,
`
`speed, direction and the particular location toward which the wireless mobile devices are moving.
`
`Specifically, the method does not preempt all determinations because the determinations of the
`
`particularly location toward which the wireless mobile devices are moving could be based on other
`
`parameters contrary to that which is required by Claim 1 of the ‘668 patent.
`
`24.
`
`Based on the foregoing assertions, Claim 1 of the ‘668 Patent provides a non-
`
`abstract and an unconventional inventive concept as described in the specification.
`
`25.
`
`Claim 9 of the ‘435 Patent provides a specific solution, to deal with the vulnerability
`
`of dealing with large number of potential customers demand prompt service at a given time as the
`
`apparatus of Claim 9 requires a processor configured to be in communication with the memory,
`
`
`
`6
`
`

`

`Case: 1:21-cv-00699-JG Doc #: 1 Filed: 03/30/21 7 of 17. PageID #: 7
`
`wherein the processor is configured to execute the instructions to: detect wireless mobile devices
`
`within a geographic region at two or more different points in time; discern a current location, a
`
`current speed, and a current direction of travel for the wireless mobile devices within the
`
`geographic region based on the detection of the wireless mobile devices; identify a set of the
`
`wireless mobile devices that are estimated to be within proximity of a particular location at a
`
`specified time or specified time period, based on the current location, the current speed, and the
`
`current direction of travel for the wireless mobile devices within the geographic region; retrieve
`
`demographic information related to the identified set of the wireless mobile devices; retrieve
`
`historical information related to the identified set of the wireless mobile devices; identify a portion
`
`of the identified set of the wireless mobile devices based on at least one of the demographic
`
`information or the historical information, wherein the identified portion is associated with goods
`
`or services that are available proximate to the particular location at the specified time or specified
`
`time period; and determine a quantity of the goods or services to be made available to users
`
`associated with the identified portion of the identified set of the wireless mobile devices, so as to
`
`facilitate provision of the determined quantity of the goods or services at the particular location at
`
`the specified time or specified time period to the users.
`
`26.
`
`There are other ways to effectuate the identification of a portion of the identified
`
`set of the wireless mobile devices based on at least one of the demographic information or the
`
`historical information, wherein the identified portion is associated with goods or services that are
`
`available proximate to the particular location at the specified time or specified time period; and the
`
`determination of a quantity of the goods or services to be made available to users associated with
`
`the identified portion of the identified set of the wireless mobile devices, so as to facilitate
`
`provision of the determined quantity of the goods or services at the particular location at the
`
`
`
`7
`
`

`

`Case: 1:21-cv-00699-JG Doc #: 1 Filed: 03/30/21 8 of 17. PageID #: 8
`
`specified time or specified time period to the users. Specifically, the method does not preempt all
`
`determinations because the determinations of the particularly location toward which the wireless
`
`mobile devices are moving could be based on other parameters contrary to that which is required
`
`by Claim 1 of the ‘668 patent.
`
`27.
`
`The apparatus of Claim 9 of the ‘435 Patent accomplishes the desired result of
`
`increased immunity, efficiency and optimization for dealing with large number of potential
`
`customers demand prompt service at a given time.
`
`28.
`
`Specifically, the elements Claim 1 of the ‘668 Patent, as combined, and the
`
`elements of Claim 9 of the ‘435 Patent, as combined, accomplish the desired result of increased
`
`immunity, efficiency and optimization from dealing with large number of potential customers
`
`demand prompt service at a given time. Further, these specific elements also accomplish these
`
`desired results to overcome the then existing problems in the relevant field of network
`
`communication systems. Ancora Technologies, Inc. v. HTC America, Inc., 908 F.3d 1343, 1348
`
`(Fed. Cir. 2018) (holding that improving computer security can be a non-abstract computer-
`
`functionality improvement if done by a specific technique that departs from earlier approaches to
`
`solve a specific computer problem). See also Data Engine Techs. LLC v. Google LLC, 906 F.3d
`
`999 (Fed. Cir. 2018); Core Wireless Licensing v. LG Elecs., Inc., 880 F.3d 1356 (Fed. Cir. 2018);
`
`Finjan, Inc. v. Blue Coat Sys., Inc., 879 F.3d 1299 (Fed. Cir. 2018); Uniloc USA, Inc. v. LG
`
`Electronics USA, Inc., 957 F.3d 1303 (Fed. Cir. April 30, 2020).
`
`29.
`
`Claims need not articulate the advantages of the claimed combinations to be
`
`eligible. Uniloc USA, Inc. v. LG Elecs. USA, Inc., 957 F.3d 1303, 1309 (Fed. Cir. 2020)
`
`30.
`
`These specific elements of elements Claim 1 of the ‘668 Patent and the elements of
`
`Claim 9 of the ‘435 Patent were each an unconventional arrangement of elements because the prior
`
`
`
`8
`
`

`

`Case: 1:21-cv-00699-JG Doc #: 1 Filed: 03/30/21 9 of 17. PageID #: 9
`
`art methodologies that were each able to unconventionally generate a manner for dealing with
`
`large amounts of potential customers. Cellspin Soft, Inc. v. FitBit, Inc., 927 F.3d 1306 (Fed. Cir.
`
`2019)
`
`31.
`
`Further, regarding the specific non-conventional and non-generic arrangements of
`
`known, conventional pieces to overcome an existing problem, Claim 1 of the ‘668 Patent and
`
`Claim 9 of the ‘435 Patent provides patent eligible subject matter that would not preempt all ways
`
`of dealing with large amounts of potential customers, any of the particular claims requirements
`
`could be removed or performed differently to permit a method of dealing with large amounts of
`
`potential customers in a different way. Bascom Global Internet Servs., Inc. v. AT&T Mobility LLC,
`
`827 F.3d 1341 (Fed. Cir. 2016); See also DDR Holdings, LLC v. Hotels.com, L.P., 773 F.3d 1245
`
`(Fed. Cir. 2014)
`
`32.
`
`Based on the allegations, it must be accepted as true at this stage, Claim 1 of the
`
`‘668 Patent and Claim 9 of the ‘435 Patent recite a specific, plausibly inventive way of dealing
`
`with large amounts of potential customers. Cellspin Soft, Inc. v. Fitbit, Inc., 927 F.3d 1306, 1319
`
`(Fed. Cir. 2019), cert. denied sub nom. Garmin USA, Inc. v. Cellspin Soft, Inc., 140 S. Ct. 907,
`
`205 L. Ed. 2d 459 (2020).
`
`33.
`
`Alternatively, there is at least a question of fact that must survive the pleading stage
`
`as to whether Claim 1 of the ‘668 Patent and Claim 9 of the ‘435 Patent were an unconventional
`
`arrangement of elements. Aatrix Software, Inc. v. Green Shades Software, Inc., 882 F.3d 1121
`
`(Fed. Cir. 2018) See also Berkheimer v. HP Inc., 881 F.3d 1360 (Fed. Cir. 2018), cert. denied, 140
`
`S. Ct. 911, 205 L. Ed. 2d 454 (2020).
`
`34.
`
`The Defendant commercializes, inter alia, methods that perform all the steps recited
`
`in at least one claim of the Patents-in-suit. More particularly, Defendant commercializes, inter alia,
`
`
`
`9
`
`

`

`Case: 1:21-cv-00699-JG Doc #: 1 Filed: 03/30/21 10 of 17. PageID #: 10
`
`methods that perform all the steps recited in Claim 1 of the ‘668 Patent and Claim 9 of the ‘435
`
`Patent. Specifically, Defendant makes, uses, sells, offers for sale, or imports a method performed
`
`by the Accused Product, defined below, that encompasses that which is covered by Claim 1 of the
`
`‘668 Patent and Claim 9 of the ‘435 Patent.
`
`DEFENDANT’S PRODUCT(S)
`
`35.
`
`The Defendant offers solutions, such as the “Doordash App” system (the “Accused
`
`Product”), that enables a method for mapping population activity. For example, the Accused
`
`Product performs the method for mapping population activity (e.g. searching for dashers). A non-
`
`limiting and exemplary claim chart comparing the Accused Product of Claim 1 of the ‘668 Patent
`
`is attached hereto as Exhibit C and is incorporated herein as if fully rewritten.
`
`36.
`
`As recited in Claim 1, a system, at least in internal testing and usage, utilized by
`
`the Accused Product practices detecting wireless mobile devices (e.g., the mobile devices used by
`
`dashers) within a geographic region at two or more different points in time (e.g., the app will
`
`continuously track and update dasher locations over time). See Exhibit C.
`
`37.
`
`As recited in one step of Claim 1, the system, at least in internal testing and usage,
`
`utilized by the Accused Product practices discerning a location, speed and direction of the wireless
`
`mobile devices (e.g., the app will determine the location, speed and direction of various dashers
`
`so that said information can be displayed on the user’s device and so that pick up times can be
`
`estimated) within the geographic region to discern a particular location toward which the wireless
`
`mobile devices are moving. See Exhibit C. The accused product based on speed, location and
`
`direction has calculated a possible time required to reach a particular pickup location. The
`
`parameters calculated are also based on the direction in which the wireless mobile devices (e.g.,
`
`dashers with wireless mobile device) are headed.
`
`
`
`10
`
`

`

`Case: 1:21-cv-00699-JG Doc #: 1 Filed: 03/30/21 11 of 17. PageID #: 11
`
`38.
`
`As recited in another step of Claim 1, the system, at least in internal testing and
`
`usage, utilized by the Accused Product utilizes the location, speed, direction and the particular
`
`location toward which the wireless mobile devices are moving (e.g., dashers with their mobile
`
`devices). See Exhibit C. The Accused Product based on speed, location and direction has
`
`calculated a possible time required to reach a particular pickup location. The parameters calculated
`
`are also based on the direction in which the wireless mobile devices (e.g., dashers with wireless
`
`mobile device) are headed. For example, if a user (e.g., passenger) wants to book a delivery,
`
`dashers heading in that direction are more likely to be booked.
`
`39.
`
`As recited in another step of Claim 1, the system, at least in internal testing and
`
`usage, utilized by the Accused Product utilizes the location, speed, direction and the particular
`
`location toward which the wireless mobile devices are moving (e.g., dashers with their mobile
`
`devices) to determine a time (e.g., an estimated travel of arrival) at which goods or services (e.g.,
`
`a delivery) are to be made available. See Exhibit C.
`
`40.
`
`As recited in another step of Claim 1, the system, at least in internal testing and
`
`usage, utilized by the Accused Product utilizes the location, speed, direction and the particular
`
`location toward which the wireless mobile devices are moving (e.g., dashers with their mobile
`
`devices) to determine a location at which the goods or services (e.g., delivery as a service) are to
`
`be made available (e.g., a delivery location and time of pickup). See Exhibit C.
`
`41.
`
`As recited in another step of Claim 1, the system, at least in internal testing and
`
`usage, utilized by the Accused Product utilizes the location, speed, direction, and the particular
`
`location toward which the wireless mobile devices are moving (e.g., dashers with their mobile
`
`devices) to determine a quantity of the goods or services (e.g., delivery date, time, etc.) to be made
`
`
`
`11
`
`

`

`Case: 1:21-cv-00699-JG Doc #: 1 Filed: 03/30/21 12 of 17. PageID #: 12
`
`available, the determining being performed by one or more processors of a computer network (e.g.,
`
`a smartphone). See Exhibit C.
`
`42.
`
`As recited in another step of Claim 1, the system, at least in internal testing and
`
`usage, utilized by the Accused Product practices presenting a result of the determining (e.g. an
`
`estimated time of arrival, a delivery location etc.) on a user interface of the computer network (e.g.
`
`a smartphone).
`
`43.
`
`The elements described in the preceding paragraphs are covered by at least Claim
`
`1 of the ‘668 Patent. Thus, Defendant’s use of the Accused Product is enabled by the method
`
`described in the ‘668 Patent.
`
`44.
`
`The Accused Product is an apparatus effective to track potential purchasers, the
`
`apparatus. A non-limiting and exemplary claim chart comparing the Accused Product of Claim 9
`
`of the ‘435 Patent is attached hereto as Exhibit D and is incorporated herein as if fully rewritten.
`
`45.
`
`As recited in Claim 9, a system, at least in internal testing and usage, utilized by
`
`the Accused Product makes use of a memory configured to store instruction (e.g. a smartphone
`
`with memory unit). See Exhibit D.
`
`46.
`
`As recited in one part of Claim 9, the system, at least in internal testing and usage,
`
`utilized by the Accused Product makes use of a processor configured to be in communication with
`
`the memory, wherein the processor is configured to execute the instructions (e.g. a smartphone
`
`with a processor). See Exhibit D.
`
`47.
`
`As recited in another part of Claim 9, the system, at least in internal testing and
`
`usage, utilized by the Accused Product practices detecting wireless mobile devices (e.g., the
`
`mobile devices used by dashers) within a geographic region at two or more different points in time
`
`(e.g., the app will continuously track and update dasher locations over time). Additionally, a user
`
`
`
`12
`
`

`

`Case: 1:21-cv-00699-JG Doc #: 1 Filed: 03/30/21 13 of 17. PageID #: 13
`
`(e.g., a passenger) can request or book another vehicle once a first delivery has ended. Thus, a
`
`user’s mobile device starts detecting other dasher vehicles (e.g., via a dasher’s wireless mobile
`
`device) at different points of time. See Exhibit D.
`
`48.
`
`As recited in another part of Claim 9, the system, at least in internal testing and
`
`usage, utilized by the Accused Product practices discerning a location, speed and direction of the
`
`wireless mobile devices within the geographic region to discern a particular location toward which
`
`the wireless mobile devices are moving. The Accused Product utilizes the location, speed,
`
`direction and the particular location toward which the wireless mobile devices are moving (e.g.,
`
`dashers with their mobile devices) to determine a time (e.g., an estimated travel time of arrival) at
`
`which goods or services (e.g., a delivery/drop off) are to be made available. See Exhibit D.
`
`49.
`
`As recited in another part of Claim 9, the system, at least in internal testing and
`
`usage, utilized by the Accused Product practices identifying a set of the wireless mobile devices
`
`(e.g., dashers with wireless mobile device that are within the area of a user) that are estimated to
`
`be within proximity of a particular location at a specified time or specified time period, based on
`
`the current location, the current speed, and the current direction of travel for the wireless mobile
`
`devices within the geographic region (e.g., based on a particular dashers current location, speed,
`
`and heading, an estimated pickup time at a particular location can be determined). See Exhibit D.
`
`50.
`
`As recited in another part of Claim 9, the system, at least in internal testing and
`
`usage, utilized by the Accused Product practices retrieving demographic information (e.g., the app
`
`can pull dasher names and pictures) related to the identified set of the wireless mobile devices
`
`(e.g., dashers with wireless mobile devices). See Exhibit D.
`
`51.
`
`As recited in another part of Claim 9, the system, at least in internal testing and
`
`usage, utilized by the Accused Product practices retrieving historical information (e.g., vehicle
`
`
`
`13
`
`

`

`Case: 1:21-cv-00699-JG Doc #: 1 Filed: 03/30/21 14 of 17. PageID #: 14
`
`type, license plate number, reviews, etc.) related to the identified set of the wireless mobile devices
`
`(e.g., vehicles with wireless mobile device). See Exhibit D.
`
`52.
`
`As recited in another part of Claim 9, the system, at least in internal testing and
`
`usage, utilized by the Accused Product practices identifying a portion of the identified set of the
`
`wireless mobile devices (e.g. dashers with wireless mobile devices) based on at least one of the
`
`demographic information or the historical information (e.g. dasher’s name, reviews, vehicle type,
`
`license plate number, age, etc.), wherein the identified portion is associated with goods or services
`
`(e.g. a delivery as a service) that are available proximate to the particular location at the specified
`
`time or specified time period. See Exhibit D. Namely, when a user tries to book a delivery, the
`
`accused product shows the available vehicle based on the availability, current location, current
`
`time, etc.
`
`53.
`
`As recited in another step of Claim 9, the system, at least in internal testing and
`
`usage, utilized by the Accused Product practices determining a quantity of the goods or services
`
`(e.g. delivery distance/ pick up location) to be made available to users associated with the identified
`
`portion of the identified set of the wireless mobile devices (e.g. users that are associated with
`
`nearby dashers), so as to facilitate provision of the determined quantity of the goods or services
`
`(e.g. a delivery with a particular distance) at the particular location at the specified time or specified
`
`time period to the users (e.g. delivery pickup at a particular location at a particular time). See
`
`Exhibit D.
`
`54.
`
`The elements described in the preceding paragraphs are covered by at least Claim
`
`9 of the ‘435 Patent. Thus, Defendant’s use of the Accused Product is enabled by the method
`
`described in the ‘435 Patent.
`
`
`
`14
`
`
`
`

`

`Case: 1:21-cv-00699-JG Doc #: 1 Filed: 03/30/21 15 of 17. PageID #: 15
`
`INFRINGEMENT OF THE PATENTS-IN-SUIT
`
`55.
`
`Plaintiff realleges and incorporates by reference all of the allegations set forth in
`
`the preceding paragraphs
`
`56.
`
` In violation of 35 U.S.C. § 271, the Accused Product of the Defendant is now, and
`
`has been directly infringing the ‘668 Patent and the ‘435 Patent.
`
`57.
`
`Defendant has had knowledge of infringement of the ‘668 Patent and the ‘435
`
`Patent at least as of the service of the present Complaint.
`
`58.
`
` Defendant has directly infringed and continues to directly infringe at least one
`
`claim of the ‘668 Patent and the ‘435 Patent by using, at least through internal testing or otherwise,
`
`the Accused Product without authority in the United States, and will continue to do so unless
`
`enjoined by this Court. As a direct and proximate result of Defendant’s direct infringement of the
`
`‘668 Patent and the ‘435 Patent, Plaintiff has been and continues to be damaged.
`
`59.
`
`Defendant has induced others to infringe the ‘668 Patent and the ‘435 Patent by
`
`encouraging infringement, knowing that the acts Defendant induced constituted patent
`
`infringement, and its encouraging acts actually resulted in direct patent infringement.
`
`60.
`
`By engaging in the conduct described herein, Defendant has injured Plaintiff and is
`
`thus liable for infringement of the ‘668 Patent and the ‘435 Patent, pursuant to 35 U.S.C. § 271.
`
`61.
`
`Defendant has committed these acts of infringement without license or
`
`authorization.
`
`62.
`
`As a result of Defendant’s infringement of the ‘668 Patent and the ‘435 Patent,
`
`Plaintiff has suffered monetary damages and is entitled to a monetary judgment in an amount
`
`adequate to compensate for Defendant’s past infringement, together with interests and costs.
`
`
`
`15
`
`

`

`Case: 1:21-cv-00699-JG Doc #: 1 Filed: 03/30/21 16 of 17. PageID #: 16
`
`63.
`
`Plaintiff will continue to suffer damages in the future unless Defendant’s infringing
`
`activities are enjoined by this Court. As such, Plaintiff is entitled to compensation for any
`
`continuing and/or future infringement up until the date that Defendant is finally and permanently
`
`enjoined from further infringement.
`
`64.
`
`Plaintiff reserves the right to modify its infringement theories as discovery
`
`progresses in this case; it shall not be estopped for infringement contention or claim construction
`
`purposes by the claim charts that it provides with this Complaint. The claim chart depicted in
`
`Exhibit C and Exhibit D is intended to satisfy the notice requirements of Rule 8(a)(2) of the Federal
`
`Rule of Civil Procedure and does not represent Plaintiff’s preliminary or final infringement
`
`contentions or preliminary or final claim construction positions.
`
`DEMAND FOR JURY TRIAL
`
`65. Plaintiff demands a trial by jury of any and all causes of action.
`
`
`
`WHEREFORE, Plaintiff prays for the following relief:
`
`PRAYER FOR RELIEF
`
`a. That Defendant be adjudged to have directly infringed the ‘668 Patent and the ‘435
`
`Patent either literally or under the doctrine of equivalents;
`
`b. An accounting of all infringing sales and damages including, but not limited to, those
`
`sales and damages not presented at trial;
`
`c. That Defendant, its officers, directors, agents, servants, employees, attorneys, affiliates,
`
`divisions, branches, parents, and those persons in active concert or participation with any of them,
`
`be permanently restrained and enjoined from directly infrin