Case: 3:20-cv-00414-WHR Doc #: 1 Filed: 10/07/20 Page: 1 of 8 PAGEID #: 1
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE SOUTHERN DISTRICT OF OHIO
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`Case No:
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`PATENT CASE
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`TRIAL BY JURY DEMANDED
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`COMPLAINT
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`SOCIAL POSITIONING INPUT
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`SYSTEMS, LLC,
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`Plaintiff,
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`vs.
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`§
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`MIDMARK CORPORATION,
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`Defendant.
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`_____________________________________ §
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`Plaintiff Social Positioning Input Systems, LLC (“Plaintiff” or “SPIS”) files this
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`Complaint against Midmark Corporation (“Defendant” or “Midmark”) for infringement of
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`United States Patent No. 9,261,365 (hereinafter “the ‘365 Patent”).
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`PARTIES AND JURISDICTION
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`1.
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`This is an action for patent infringement under Title 35 of the United States Code.
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`Plaintiff is seeking injunctive relief as well as damages.
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`2.
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`Jurisdiction is proper in this Court pursuant to 28 U.S.C. §§ 1331 (Federal
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`Question) and 1338(a) (Patents) because this is a civil action for patent infringement arising
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`under the United States patent statutes.
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`3.
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`Plaintiff is a Texas limited liability company with a virtual office located at 1801
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`NE 123 Street, Suite 314, Miami, FL 33181.
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`4.
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`On information and belief, Defendant is an Ohio corporation with its principal
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`office located at 60 Vista Dr., Versailles, OH 45380. On information and belief, Defendant may
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`be served with process through its registered agent, Ct Corporation System, 4400 Easton
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`PLAINTIFF’S COMPLAINT AGAINST DEFENDANT MIDMARK CORPORATION
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` | 1
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE SOUTHERN DISTRICT OF OHIO
`
`
`
`
`
`
`
`
`Case No:
`
`PATENT CASE
`
`TRIAL BY JURY DEMANDED
`
`COMPLAINT
`
`
`§
`
`SOCIAL POSITIONING INPUT
`§
`
`SYSTEMS, LLC,
`
`
`§
`
`
`
`
`
`
`§
`
`Plaintiff,
`
`
`§
`
`
`
`
`
`
`§
`
`
`
`
`
`vs.
`§
`
`
`
`
`
`
`§
`
`MIDMARK CORPORATION,
`§
`
`
`
`
`
`
`§
`
`
`Defendant.
`
`
`_____________________________________ §
`
`
`
`
`
`
`
`
`Plaintiff Social Positioning Input Systems, LLC (“Plaintiff” or “SPIS”) files this
`
`Complaint against Midmark Corporation (“Defendant” or “Midmark”) 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.
`
`
`
`2.
`
`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.
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`
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`3.
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`Plaintiff is a Texas limited liability company with a virtual office located at 1801
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`NE 123 Street, Suite 314, Miami, FL 33181.
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`
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`4.
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`On information and belief, Defendant is an Ohio corporation with its principal
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`office located at 60 Vista Dr., Versailles, OH 45380. On information and belief, Defendant may
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`be served with process through its registered agent, Ct Corporation System, 4400 Easton
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`PLAINTIFF’S COMPLAINT AGAINST DEFENDANT MIDMARK CORPORATION
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`Case: 3:20-cv-00414-WHR Doc #: 1 Filed: 10/07/20 Page: 2 of 8 PAGEID #: 2
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`Commons Way, Suite 125, Columbus Oh 43219.
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`5.
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`On information and belief, this Court has personal jurisdiction over Defendant
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`because Defendant has committed, and continues to commit, acts of infringement in this District,
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`has conducted business in this District, and/or has engaged in continuous and systematic
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`activities in this District.
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`6.
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`On information and belief, Defendant’s instrumentalities that are alleged herein
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`to infringe were and continue to be used, imported, offered for sale, and/or sold in this District.
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`VENUE
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`7.
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`On information and belief, venue is proper in this District under 28 U.S.C. §
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`1400(b) because Defendant is deemed to be a resident of this District.
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`COUNT I
`(INFRINGEMENT OF UNITED STATES PATENT NO. 9,261,365)
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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 and, in
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`8.
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`9.
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`particular, under 35 U.S.C. §§ 271, et seq.
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`10.
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`Plaintiff is the owner by assignment of the ‘365 Patent with sole rights to enforce
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`the ‘044 Patent and sue infringers.
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`11.
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`A copy of the ‘365 Patent, titled “Device, System and Method for Remotely
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`Entering, Storing and Sharing Addresses for a Positional Information Device,” is attached hereto
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`as Exhibit A.
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`12.
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`The ‘365 Patent is valid, enforceable, and was duly issued in full compliance with
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`Title 35 of the United States Code.
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`13.
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`Upon information and belief, Defendant has infringed and continues to infringe
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`one or more claims, including at least Claim 1, of the ‘365 Patent by making, using (at least by
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`PLAINTIFF’S COMPLAINT AGAINST DEFENDANT MIDMARK CORPORATION
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`Case: 3:20-cv-00414-WHR Doc #: 1 Filed: 10/07/20 Page: 3 of 8 PAGEID #: 3
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`having its employees, or someone under Defendant's control, test the accused Product),
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`importing, selling, and/or offering for sale a associated hardware and software for determining
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`medical asset locating services (“Product”) covered by at least Claim 1 of the ‘365 Patent.
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`Defendant has infringed and continues to infringe the ‘365 patent either directly or through acts
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`of contributory infringement or inducement in violation of 35 U.S.C. § 271.
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`14.
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`The Product provides a vehicle tracking system for real-time GPS tracking of
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`medical assets. A user can receive location information on a positional information device (e.g.,
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`mobile device or computer). Certain aspects of this element are illustrated in the screenshot(s)
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`below and/or in those provided in connection with other allegations herein.
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`PLAINTIFF’S COMPLAINT AGAINST DEFENDANT MIDMARK CORPORATION
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`Case: 3:20-cv-00414-WHR Doc #: 1 Filed: 10/07/20 Page: 4 of 8 PAGEID #: 4
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`15.
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`The Product software sends a request from a first positional information device
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`(e.g., mobile device or desktop with software installed) to a server. The request is for an address
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`(location) of an asset having a second positional information device (e.g., tracking device). The
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`request includes a first identifier (e.g., login ID and password) of the first positional information
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`device. Certain aspects of this element are illustrated in the screenshot(s) below and/or in those
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`provided in connection with other allegations herein.
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`PLAINTIFF’S COMPLAINT AGAINST DEFENDANT MIDMARK CORPORATION
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`Case: 3:20-cv-00414-WHR Doc #: 1 Filed: 10/07/20 Page: 5 of 8 PAGEID #: 5
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`16.
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`A second identifier for the second positional information device is determined
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`based on the first identifier. For example, before activating the tracking device (i.e., second
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`positional information device), a unique asset tracking device ID number (i.e., second identifier)
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`is added to the user’s account under the user login ID and password (i.e., the first identifier).
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`Hence, the tracker’s activation device ID number (i.e., second identifier) is mapped to the user’s
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`login ID (i.e., the first identifier) for tracking the assets. 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
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`allegations herein.
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`PLAINTIFF’S COMPLAINT AGAINST DEFENDANT MIDMARK CORPORATION
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`Case: 3:20-cv-00414-WHR Doc #: 1 Filed: 10/07/20 Page: 6 of 8 PAGEID #: 6
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`17.
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`The software provides the requesting positional information device the current
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`location (i.e., the at least one address) of the asset having the tracking device (e.g., the second
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`positional information device). Certain aspects of this element are illustrated in the screenshot(s)
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`below and/or in those provided in connection with other allegations herein.
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`18.
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`The Product transmits the tracking device position (e.g., at least one address) into
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`the first positional information device (e.g., the mobile device). Certain aspects of this element
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`are illustrated in the screenshot(s) below and/or in those provided in connection with other
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`allegations herein.
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`PLAINTIFF’S COMPLAINT AGAINST DEFENDANT MIDMARK CORPORATION
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`Case: 3:20-cv-00414-WHR Doc #: 1 Filed: 10/07/20 Page: 7 of 8 PAGEID #: 7
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`19.
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`Defendant’s actions complained of herein will continue unless Defendant is
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`enjoined by this court.
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`20.
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`Defendant’s actions complained of herein are causing irreparable harm and
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`monetary damage to Plaintiff and will continue to do so unless and until Defendant is enjoined
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`and restrained by this Court.
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`21.
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`Plaintiff is in compliance with 35 U.S.C. § 287.
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`DEMAND FOR JURY TRIAL
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`22.
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`Plaintiff demands a trial by jury of any and all causes of action.
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`PRAYER FOR RELIEF
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`WHEREFORE, Plaintiff asks the Court to:
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`(a)
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`Enter judgment for Plaintiff on this Complaint on all causes of action asserted
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`herein;
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`(b)
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`Enter an Order enjoining Defendant, its agents, officers, servants, employees,
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`attorneys, and all persons in active concert or participation with Defendant who receive notice
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`PLAINTIFF’S COMPLAINT AGAINST DEFENDANT MIDMARK CORPORATION
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`Case: 3:20-cv-00414-WHR Doc #: 1 Filed: 10/07/20 Page: 8 of 8 PAGEID #: 8
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`of the order from further infringement of United States Patent No. 9,261,365 (or, in the
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`alternative, awarding Plaintiff a running royalty from the time of judgment going forward);
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`(c)
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`Award Plaintiff damages resulting from Defendant’s infringement in accordance
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`with 35 U.S.C. § 284;
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`Award Plaintiff pre-judgment and post-judgment interest and costs; and
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`Award Plaintiff such further relief to which the Court finds Plaintiff entitled under
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`(d)
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`(e)
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`law or equity.
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`Dated: October 7, 2020
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`Respectfully submitted,
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`/s/ Howard L. Wernow
`HOWARD L. WERNOW (SBN 0089019)
`SAND, SEBOLT & WERNOW CO., LPA
`Aegis Tower - Suite 1100
`4940 Munson Street, N. W.
`Canton, Ohio 44718
`Phone: 330-244-1174
`Fax: 330-244-1173
`Howard.Wernow@sswip.com
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`JAY JOHNSON (Pro Hac Vice Application Forthcoming)
`KIZZIA JOHNSON, PLLC
`1910 Pacific Ave., Suite 13000
`Dallas, Texas 75201
`(214) 451-0164
`Fax: (214) 451-0165
`jay@kjpllc.com
`bkizzia@kjpllc.com
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`ATTORNEYS FOR PLAINTIFF
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`PLAINTIFF’S COMPLAINT AGAINST DEFENDANT MIDMARK CORPORATION
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