Case 2:16-cv-00980 Document 1 Filed 08/31/16 Page 1 of 21 PageID #: 1
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`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
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`
`Civil Action No. 2:16-cv-980
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`JURY TRIAL DEMANDED
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`
`
`
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`INTELLECTUAL VENTURES II LLC,
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`Plaintiff,
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`
`
`
`
`v.
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`FEDEX CORP., FEDERAL EXPRESS
`CORP., FEDEX GROUND PACKAGE
`SYSTEM, INC., FEDEX FREIGHT,
`INC., FEDEX CUSTOM CRITICAL
`INC., FEDEX OFFICE AND PRINT
`SERVICES, INC., and GENCO
`DISTRIBUTION SYSTEM, INC.,
`
`Defendants.
`
`
`COMPLAINT FOR PATENT INFRINGEMENT
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`
`
`
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`Plaintiff Intellectual Ventures II LLC (“Intellectual Ventures II”) for its Complaint
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`against Defendants FedEx Corporation, Federal Express Corporation, FedEx Ground Package
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`System, Inc., FedEx Freight, Inc., FedEx Custom Critical, Inc., FedEx Office and Print Services,
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`Inc., and GENCO Distribution System, Inc. (collectively, “FedEx” or “Defendants”), hereby
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`alleges as follows:
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`PARTIES
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`1.
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`Plaintiff Intellectual Ventures II is a Delaware limited liability company with its
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`principal place of business at 3150 139th Ave. SE, Building 4, Bellevue, WA 98005.
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`2.
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`Defendant FedEx Corporation is a corporation organized under the laws of
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`Delaware having a principal place of business at 942 South Shady Grove Road, Memphis, TN
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`38120. FedEx Corporation has appointed CT Corporation System located at 1999 Bryan Street,
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`Suite 900, Dallas, TX 75201-3136 as its registered agent for service of process in Texas. FedEx
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`FedEx Exhibit 1006
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`Corporation is in the business of logistics, transportation, e-commerce, and business services and
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`solutions. FedEx Corporation is the parent company of FedEx-branded businesses.
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`3.
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`Defendant Federal Express Corporation (hereinafter “FedEx Express”) is a
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`corporation organized under the laws of Delaware having a principal place of business at 3610
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`Hacks Cross Road, Memphis, TN 38125. FedEx Express has appointed CT Corporation System
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`located at 1999 Bryan Street, Suite 900, Dallas, TX 75201-3136 as its registered agent for
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`service of process in Texas. FedEx Express is in the business of providing express transportation
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`of goods by air and ground.
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`4.
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`Defendant FedEx Ground Package System, Inc. (hereinafter “FedEx Ground”) is
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`a corporation organized under the laws of Delaware having a principal place of business at 1000
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`FedEx Drive, Moon Township, PA 15108. FedEx Ground has appointed CT Corporation
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`System located at 1999 Bryan Street, Suite 900, Dallas, TX 75201-3136 as its registered agent
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`for service of process in Texas. FedEx Ground is in the business of logistics by ground,
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`including business-to-business delivery and residential service.
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`5.
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`Defendant FedEx Freight, Inc. (hereinafter “FedEx Freight”) is a corporation
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`organized under the laws of Arkansas having a principal place of business at 2200 Forward
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`Drive, Harrison, AR 72601. FedEx Freight has appointed CT Corporation System located at
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`1999 Bryan Street, Suite 900, Dallas, TX 75201-3136 as its registered agent for service of
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`process in Texas. FedEx Freight is in the business of providing less-than-truckload (“LTL”)
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`freight services.
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`6.
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`Defendant FedEx Custom Critical, Inc. (hereinafter “FedEx Custom Critical”) is a
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`corporation organized under the laws of Ohio having a principal place of business at 1475
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`Boettler Road, Uniontown, OH 44685. FedEx Custom Critical has appointed CT Corporation
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`System located at 1999 Bryan Street, Suite 900, Dallas, TX 75201-3136 as its registered agent
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`for service of process in Texas. FedEx Custom Critical specializes in same-day and overnight
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`delivery of expedited freight, including but not limited to temperature-control services (e.g.,
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`SenseAware), secure shipping solutions, surface expedited solutions, white glove services, and
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`air expedited services.
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`7.
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`Defendant FedEx Office and Print Services, Inc. (hereinafter “FedEx Office”) is a
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`corporation organized under the laws of Texas having a principal place of business at 7900
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`Legacy Drive, Plano, TX 75024. FedEx Office has appointed CT Corporation System located at
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`1999 Bryan Street, Suite 900, Dallas, TX 75201-3136 as its registered agent for service of
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`process in Texas. FedEx Office is in the business of providing customers with retail access to
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`FedEx Express and FedEx Ground Shipping services, packing services, and copy and print
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`services.
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`8.
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`Defendant GENCO Distribution System, Inc. (hereinafter “GENCO”) a
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`corporation organized under the laws of Pennsylvania having a principal place of business at 100
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`Papercraft Park, Pittsburgh, PA 15238. GENCO is in the business of providing third-party
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`logistics services in North America, including in Texas and internationally. GENCO specializes
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`in in Product Lifecycle Logistics® for technology, retail, consumer and industrial goods, and
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`healthcare industries
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`9.
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`FedEx Express, FedEx Ground, and FedEx Freight are wholly-owned subsidiaries
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`of FedEx Corporation.
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`10.
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`11.
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`FedEx Custom Critical is a wholly owned subsidiary of Defendant FedEx Freight.
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`FedEx Office is a wholly owned subsidiary of FedEx Corporate Services, Inc.,
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`which is a wholly owned subsidiary of Defendant FedEx Corporation.
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`12.
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`GENCO is a subsidiary of FedEx Corporation.
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`NATURE OF THE ACTION
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`13.
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`This is a civil action for the infringement of United States Patent Nos. 6,633,900
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`(attached as Exhibit A), 6,909,356 (attached as Exhibit B), 7,199,715 (attached as Exhibit C),
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`8,494,581 (attached as Exhibit D), and 9,047,586 (attached as Exhibit E) (collectively, the
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`“Patents-in-Suit”) under the Patent Laws of the United States, 35 U.S.C. § 1 et seq.
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`JURISDICTION AND VENUE
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`14.
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`This Court has jurisdiction over the subject matter of this action pursuant to 28
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`U.S.C. §§ 1331 and 1338(a) because this action arises under the patent laws of the United States,
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`including 35 U.S.C. § 271 et seq.
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`15.
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`This Court has personal jurisdiction over FedEx because, among other things,
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`FedEx has committed, aided, abetted, contributed to, and/or participated in acts of patent
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`infringement in violation of 35 U.S.C. § 271 in this District that led to foreseeable harm and
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`injury to plaintiff Intellectual Ventures II within this District.
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`16.
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`This Court also has personal jurisdiction over FedEx because, among other things,
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`FedEx has established minimum contacts within the forum such that the exercise of jurisdiction
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`over FedEx will not offend traditional notions of fair play and substantial justice. For example,
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`FedEx has placed infringing products and services (e.g., SenseAware and/or FedEx Ship
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`Manager software) into the stream of commerce with the reasonable knowledge, expectation,
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`and/or understanding that such products and services are used and sold in this District. Those
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`acts have caused and continue to cause injury to Intellectual Ventures II within the District. As a
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`second example, defendant FedEx Office is incorporated in the State of Texas, headquartered in
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`Plano, Texas, and employs over 1,200 employees at that Plano, Texas location. As a third
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`example, FedEx operates at least 50 FedEx Office Print and Ship Centers in the State of Texas
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`(including at least 17 locations in the Eastern District of Texas), which centers provide
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`services—including infringing services—on behalf of FedEx Office, FedEx Express, and FedEx
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`Ground. As a fourth example, FedEx operates at least 20 FedEx Ship Centers in Texas
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`(including at least 8 in the Eastern District of Texas), which centers provide services—including
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`infringing services—on behalf of FedEx Express and FedEx Ground. As a fifth example, FedEx
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`Freight operates 28 service centers in Texas, including at least 6 in the Eastern District of Texas
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`(one in each of Beaumont, Longview, Lufkin, Paris, Sherman, and Tyler) which services centers
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`provide infringing services.
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`17.
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`In addition, FedEx has used, sold, advertised, marketed, and distributed products
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`and services in this District that practice the claimed inventions of the Patents-in-Suit. FedEx
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`derives substantial revenue from the sale of infringing services within the District, and/or expects
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`or should reasonably expect its actions to have consequences within the District, and derive
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`substantial revenue from interstate and international commerce.
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`18.
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`Venue is proper in this judicial district pursuant to 28 U.S.C. §§ 1391(b), 1391(c),
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`and 1400(b), because FedEx resides in this District, is subject to personal jurisdiction in this
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`District, and has committed acts of infringement in this District. In addition, defendant FedEx
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`Office is headquartered in the Eastern District of Texas and employs over 1,200 people in this
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`District. Moreover, Intellectual Ventures II is asserting the ’900 patent against another defendant
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`in this District in Intellectual Ventures I LLC and Intellectual Ventures II LLC v. FTD
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`Companies, Inc., C.A. No. 6:16-cv-00195-JRG.
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`THE PATENTS-IN-SUIT
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`19.
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`On October 14, 2003, U.S. Patent No. 6,633,900 (“the ’900 patent”), titled
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`“Mobile Crew Management System For Distributing Work Order Assignments To Mobile Field
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`Crew Units,” was duly and lawfully issued by the United States Patent and Trademark Office
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`(hereinafter “PTO”).
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`20.
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`Plaintiff Intellectual Ventures II is the owner and assignee of all rights, title, and
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`interest in and to the ’900 patent, and holds the right to sue and recover damages for
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`infringement thereof, including current and past infringement.
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`21.
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`On June 21, 2005, U.S. Patent No. 6,909,356 (“the ’356 patent”), titled “Method
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`And Apparatus For Associating The Movement Of Goods With The Identity Of An Individual
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`Moving The Goods,” was duly and lawfully issued by the PTO.
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`22.
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`Plaintiff Intellectual Ventures II is the owner and assignee of all rights, title, and
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`interest in and to the ’356 patent, and holds the right to sue and recover damages for
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`infringement thereof, including current and past infringement.
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`23.
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`On April 3, 2007, U.S. Patent No. 7,199,715 (“the ’715 patent”), titled “System
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`And Method For Tracking ID Tags Using A Data Structure Of Tag Reads,” was duly and
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`lawfully issued by the PTO.
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`24.
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`Plaintiff Intellectual Ventures II is the owner and assignee of all rights, title, and
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`interest in and to the ’715 patent, and holds the right to sue and recover damages for
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`infringement thereof, including current and past infringement.
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`25.
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`On July 23, 2013, U.S. Patent No. 8,494,581 (“the ’581 patent”), titled “Systems
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`and Methods for Management of Mobile Field Assets Via Wireless Handheld Devices,” was
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`duly and lawfully issued by the PTO.
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`26.
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`Plaintiff Intellectual Ventures II is the owner and assignee of all rights, title, and
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`interest in and to the ’581 patent, and holds the right to sue and recover damages for
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`infringement thereof, including current and past infringement.
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`27.
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`On June 2, 2015, U.S. Patent No. 9,047,586 (“the ’586 patent”), titled “Systems
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`For Tagged Bar Code Data Interchange,” was duly and lawfully issued by the PTO.
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`28.
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`Plaintiff Intellectual Ventures II is the owner and assignee of all rights, title, and
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`interest in and to the ’586 patent, and holds the right to sue and recover damages for
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`infringement thereof, including current and past infringement.
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`FACTUAL BACKGROUND
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`29.
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`Intellectual Ventures Management, LLC (“Intellectual Ventures”) was founded in
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`2000. Since its founding, Intellectual Ventures has been deeply involved in the business of
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`invention. Intellectual Ventures creates inventions and files patent applications for those
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`inventions; collaborates with others to develop and patent inventions; and acquires and licenses
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`patents from individual inventors, universities, and other institutions. A significant aspect of
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`Intellectual Ventures’ business is managing the plaintiff in this case, Intellectual Ventures II.
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`30.
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`Intellectual Ventures also develops its own inventions. Intellectual Ventures has a
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`staff of scientists and engineers who develop ideas in a broad range of fields, including
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`agriculture, computer hardware, life sciences, medical devices, semiconductors, and software.
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`Intellectual Ventures has invested millions of dollars developing such ideas and has filed a
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`plethora of patent applications on its inventions every year, making it one of the top patent filers
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`in the world. Intellectual Ventures also has invested in laboratory facilities to assist with the
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`development and testing of new ideas.
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`31.
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`Intellectual Ventures also develops inventions by collaborating with inventors and
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`research institutions around the world. For example, Intellectual Ventures has developed
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`inventions by selecting a technical challenge, requesting proposals for inventions to solve the
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`challenge from inventors and institutions, selecting the most promising ideas, rewarding the
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`inventors and institutions for their contributions, and filing patent applications on the ideas.
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`32.
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`FedEx provides solutions for a wide range of logistics needs worldwide, including
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`throughout the United States and in Texas. Such logistics services include, but are not limited to,
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`overnight shipping, ground shipping, freight shipping, temperature controlled shipping, and
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`shipping with tracking services. FedEx also provides solutions for office applications, including,
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`but not limited to, designing, copying, and printing documents through FedEx Office Print &
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`Ship Center locations throughout the United States including in Texas.
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`33.
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`Intellectual Ventures approached FedEx in April 2016 about taking a license to
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`Intellectual Ventures’ patents. To date, FedEx has not agreed to pay Intellectual Ventures for a
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`license to any of its patents despite using Intellectual Ventures’ patented technology.
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`COUNT I
` (FedEx’s Infringement of the ’900 Patent)
`Paragraphs 1-33 are incorporated by reference as if fully restated herein.
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`The ’900 patent is valid and enforceable.
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`The ’900 patent invention addresses a need in the art for “advanced two way data
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`34.
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`35.
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`36.
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`communication between field personnel and a central office” “to field personnel dispersed over a
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`wide geographic area” “with little or no dispatcher intervention” using an enterprise computing
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`system with a mobile field unit. (Ex. A at col. 2:5-10; col. 3:34-37; col. 3:55-60; col. 4:13-34.)
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`As one non-limiting example, in one embodiment of the ’900 patent invention, an application
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`program assigning work orders may command a database to generate map related data
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`corresponding to a work order, thereby assisting a server in monitoring the status of that work
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`order. (Ex. A at col. 7:25-8:53.) As another non-limiting example, an embodiment of the ’900
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`patent invention may include monitoring work order assignments by listening at specified
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`internet protocol addresses for electronic packets comprising the status of a transmission of a
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`work order to a mobile field unit. (Ex. A at col. 14:8-12.) The ’900 patent claims generally
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`relate to novel methods of communication incorporating aspects of these new systems for
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`advanced two way data communication.
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`37.
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`FedEx is in the logistics business, including picking up and delivering packages.
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`To provide real-time package tracking for each shipment, FedEx uses one of the world’s largest
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`computer and telecommunication networks. That computer network runs Customer Operations
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`Service Master On-line System (“COSMOS”), FedEx’s computerized package-tracking system
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`that monitors every phase of the delivery cycle at FedEx. The COSMOS system has evolved
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`since its original inception.
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`38.
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`Today, FedEx couriers are each given a handheld mobile device to (1) receive
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`information concerning their assigned package pickup and deliveries and (2) communicate
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`information back to the COSMOS system concerning the status of those pick up and deliveries.
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`While FedEx provided handheld devices to its couriers for several years, in more recent years,
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`FedEx upgraded its handheld devices to include features including GPS, cellular and wireless
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`connectivity, and Bluetooth technology, among others. In 2003, FedEx began distributing the
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`PowerPad, a handheld device it designed with Motorola, Inc., to its couriers. In 2011, FedEx
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`began distributing the Zebra Technologies MC9500-K handheld computer to its couriers. FedEx
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`couriers continue to use the MC9500-K computers today. Both the PowerPad and the MC9500-
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`K allow FedEx couriers to wirelessly receive information concerning their assigned package
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`pickup and deliveries and communicate information concerning those transactions back to the
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`FedEx computer servers with little to no dispatcher intervention.
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`39.
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`FedEx has infringed, and continues to infringe, one or more claims of the ’900
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`patent under 35 U.S.C. § 271(a), either literally and/or under the doctrine of equivalents, by
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`making, using, selling, offering to sell, and/or importing in or into the United States without
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`authority systems having an enterprise computing system and at least one mobile field unit, e.g.,
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`a FedEx PowerPad, a Zebra Technologies MC9500-K mobile computer, or other wireless
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`handheld device, to distribute work order assignment data to a field crew, and to schedule, route,
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`locate, and track deliveries.
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`40.
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`41.
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`FedEx has infringed and continues to infringe at least claim 1 of the ’900 patent.
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`As one non-limiting example, FedEx infringes claim 1 of the ’900 patent at least
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`because FedEx uses a method for distributing work order assignment data (e.g., work order
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`assignment data regarding package deliveries and package pickups) to a field crew (e.g., FedEx
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`couriers) using a system having an enterprise computing system (e.g., a back-end computer
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`system running FedEx Customer Operations Service Master On-line System (“COSMOS”)) and
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`at least one mobile field unit (e.g., a FedEx PowerPad or a Zebra Technologies MC9500-K
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`mobile computer) comprising the following steps: (a) FedEx updates a database on the enterprise
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`computing system (e.g., COSMOS) to indicate an assignment has been assigned to the field
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`crew; (b) FedEx notifies the field crew of the assignment; (c) in response to the input of field
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`crew login data, FedEx verifies field crew identity; (d) FedEx notifies the field crew of
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`successful login; (e) FedEx retrieves and presents a list of assignments to the field crew; (f) in
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`response to field crew input selecting an assignment from the list of assignments, FedEx
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`retrieves detailed assignment data for the selected assignment; (g) FedEx displays the detailed
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`assignment data to the field crew; and (h) in response to field crew input identifying an action
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`was taken with regard to the assignment, FedEx updates the detailed assignment data.
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`42.
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`FedEx has had knowledge of the ’900 patent and its infringement of that patent as
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`late
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`as August
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`30,
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`2016
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`because
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`of
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`a
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`letter
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`Intellectual Ventures
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`II sent on that date to FedEx providing notice of the patent and detailing FedEx’s infringement.
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`43.
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`Intellectual Ventures II has been and continues to be damaged by FedEx’s
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`infringement of the ’900 patent.
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`44.
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`FedEx’s conduct in infringing the ’900 patent renders this case exceptional within
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`the meaning of 35 U.S.C. § 285.
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`COUNT II
`(FedEx’s Infringement of the ’356 Patent)
`Paragraphs 1-44 are incorporated by reference as if fully restated herein.
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`The ’356 patent is valid and enforceable.
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`At the time the application resulting in the ’356 patent was filed in 2001, accurate
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`45.
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`46.
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`47.
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`inventory accounting was of growing importance to businesses. (Ex. B at col. 1:21-24.) Even
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`with the advent of active and passive RFID tags and other wireless devices, limitations in
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`inventory accounting still existed. The ’356 patent addresses a need in the art for improved
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`inventory accounting by disclosing a novel system of associating the movement of inventory
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`with a particular person or entity based on data provided to a system concerning that inventory.
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`(Ex. B at col 1:56-60.)
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`48.
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`In 2009, FedEx launched its SenseAware technology. FedEx’s SenseAware is a
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`cost-effective, sensor-based logistics technology that monitors a shipment’s location and
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`environmental conditions, including temperature, light, humidity, barometric pressure, and
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`shock. FedEx launched the second generation SenseAware device, SenseAware 2000, in 2013.
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`49.
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`FedEx has infringed, and continues to infringe, one or more claims of the ’356
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`patent under 35 U.S.C. § 271(a), either literally and/or under the doctrine of equivalents, by
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`making, using, selling, offering to sell, and/or importing in or into the United States without
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`authority FedEx’s SenseAware devices and systems using those devices.
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`50.
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`51.
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`FedEx has infringed and continues to infringe at least claim 1 of the ’356 patent.
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`As one non-limiting example, FedEx infringes claim 1 of the ’356 patent through
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`its SenseAware services. When FedEx provides SenseAware services to its customers, FedEx
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`uses a method comprising: (a) obtaining identity information (e.g., a device ID of a SenseAware
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`device) regarding an entity (e.g., a SenseAware device) which enters a controlled space (e.g., an
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`area delineated by a geofence); (b) monitoring, using a wireless
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`tracking system
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`communicatively coupled to a computer system (e.g., that FedEx performs either using a web-
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`based application at SenseAware.com or FedEx Custom Critical ShipmentWatch), locations and
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`movements of the entity (e.g., the SenseAware device) and objects (e.g., items being shipped
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`using SenseAware) within the controlled space; (c) automatically associating, using the computer
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`system, the identity information regarding the entity (e.g., a SenseAware device ID) with status
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`information regarding additions, removals, returns, defective status, or movements of the objects
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`to/from/within the controlled space (e.g., with status information concerning the removal of
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`goods from the area delineated by a geofence); and (d) transmitting the status information and
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`the associated identity information (e.g., a SenseAware device ID) to a server communicatively
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`coupled to the computer system (a FedEx server) and configured to automatically notify a user of
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`the status information (e.g., by an email or other electronic alert), wherein at least one of the
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`objects is automatically returned or picked up as a result of such notification (e.g., when FedEx
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`automatically picks up and/or returns objects that improperly moved from the controlled space).
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`52.
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`FedEx has had knowledge of the ’356 patent and its infringement of that patent as
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`late
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`as August
`
`30,
`
`2016
`
`because
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`of
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`a
`
`letter
`
`Intellectual Ventures
`
`II sent on that date to FedEx providing notice of the patent and detailing FedEx’s infringement.
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`53.
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`Intellectual Ventures II has been and continues to be damaged by FedEx’s
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`infringement of the ’356 patent.
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`54.
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`FedEx’s conduct in infringing the ’356 patent renders this case exceptional within
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`the meaning of 35 U.S.C. § 285.
`
`COUNT III
`(FedEx’s Infringement of the ’715 Patent)
`Paragraphs 1-54 are incorporated by reference as if fully restated herein.
`
`The ’715 patent is valid and enforceable.
`
`The ’715 patent addresses a need in the prior art for increasing precision in RFID
`
`55.
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`56.
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`57.
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`systems. (Ex. C at col. 1:33-41.) The ’715 patent invention is generally directed to an improved
`
`system of using tracking RFID information to modify information in a database to adjust the
`
`supply chain as a function of that modified information or to use that modified information to
`
`improve RFID tracking. (Ex. C at col. 2:8-28.)
`
`58.
`
`In 2015, FedEx Corporation purchased GENCO. GENCO is now a FedEx
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`company that specializes in supply chain management, including reverse logistics. GENCO’s
`
`advanced warehouse management systems track the movements of individual units to provide
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`real-time data that can be used to improve procurement and freight management. GENCO uses a
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`variety of warehouse management systems including ones that incorporate RFID technology.
`
`59.
`
`FedEx has infringed, and continues to infringe, one or more claims of the ’715
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`patent under 35 U.S.C. § 271(a), either literally and/or under the doctrine of equivalents, by
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`making, using, selling, offering to sell, and/or importing in or into the United States without
`
`authority GENCO’s Warehouse Management System to track RFID tags.
`
`60.
`
`61.
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`FedEx has infringed and continues to infringe at least claim 1 of the ’715 patent.
`
`As one non-limiting example, FedEx infringes claim 1 of the ’715 patent at least
`
`because GENCO uses a method of tracking tags (e.g., RFID tags) at several successive points of
`
`a business process (e.g., sequential points of a process warehousing products) that comprises: (a)
`
`attempting to read each tag at each successive point; (b) populating a database with information
`
`corresponding to the reading of each tag (e.g., the identity of a tag/item) at each successive point
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`and the time of each reading (e.g., the arrival time or the load time); (c) modifying part of the
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`information in the database (e.g., the contents of the pallet and/or location of specific products)
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`as a function of the other information in the database (e.g., expected information concerning the
`
`contents of the pallet and specific products); and (d) using the modified information to track the
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`tags through the business process.
`
`62.
`
`FedEx has had knowledge of the ’715 patent and its infringement of that patent as
`
`late
`
`as August
`
`30,
`
`2016
`
`because
`
`of
`
`a
`
`letter
`
`Intellectual Ventures
`
`II sent on that date to FedEx providing notice of the patent and detailing FedEx’s infringement.
`
`63.
`
`Intellectual Ventures II has been and continues to be damaged by FedEx’s
`
`infringement of the ’715 patent.
`
`64.
`
`FedEx’s conduct in infringing the ’715 patent renders this case exceptional within
`
`the meaning of 35 U.S.C. § 285.
`
`COUNT IV
`(FedEx’s Infringement of the ’581 Patent)
`Paragraphs 1-64 are incorporated by reference as if fully restated herein.
`
`The ’581 patent is valid and enforceable.
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`14
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`65.
`
`66.
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`67.
`
`The ’581 patent addresses a need for improved systems and methods for remotely
`
`managing assets in the field. (Ex. D at col. 1:25-41.) The ’581 patent generally relates to novel
`
`systems and methods for bi-directional data delivery from enterprise-based servers over wireless
`
`data networks using capabilities resident in handheld personal computing devices to facilitate
`
`real-time access to remote programs and assistance relating to field operations and asset resource
`
`management. (Ex. D at abstract.)
`
`68.
`
`As discussed above, since 2011, FedEx couriers have used MC9500-K handheld
`
`computers to assist in tasks including tracking package pickup and delivery. The MC9500-K
`
`was the first handheld device that FedEx couriers used that includes GPS capability for bi-
`
`directional communications (from courier to headquarters and vice versa) concerning precise
`
`locations of people and packages in the field.
`
`69.
`
`FedEx has infringed, and continues to infringe, one or more claims of the ’581
`
`patent under 35 U.S.C. § 271(a), either literally and/or under the doctrine of equivalents, by
`
`making, using, selling, offering to sell, and/or importing in or into the United States without
`
`authority MC9500-K handheld devices.
`
`70.
`
`71.
`
`FedEx has infringed and continues to infringe at least claim 1 of the ’581 patent.
`
`As one non-limiting example, FedEx infringes claim 1 of the ’581 patent at least
`
`because FedEx uses a method comprising: (a) using a handheld device (e.g., the MC9500-K
`
`handheld computer) to access an assessment program stored in a memory of a computing device
`
`located geographically remote from the handheld device (e.g., package tracking software,
`
`including at least COSMOS, stored in the memory of FedEx’s computers), the assessment
`
`program being configured to enable a field assessment (e.g., the status of a package delivery,
`
`return, or pickup) in a specific industry (e.g., the logistics industry); (b) collecting field data (e.g.,
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`data concerning package status including, for example, signature confirmation) associated with
`
`the field assessment using the handheld device in response to the assessment program; (c) using
`
`the handheld device to determine a geographical location of the handheld device (e.g., via GPS);
`
`and (d) communicating the field data collected using the handheld device and the geographical
`
`location of the handheld device to the computing device.
`
`72.
`
`FedEx has had knowledge of the ’581 patent and its infringement of that patent as
`
`late
`
`as August
`
`30,
`
`2016
`
`because
`
`of
`
`a
`
`letter
`
`Intellectual Ventures
`
`II sent on that date to FedEx providing notice of the patent and detailing FedEx’s infringement.
`
`73.
`
`Intellectual Ventures II has been and continues to be damaged by FedEx’s
`
`infringement of the ’581 patent.
`
`74.
`
`FedEx’s conduct in infringing the ’581 patent renders this case exceptional within
`
`the meaning of 35 U.S.C. § 285.
`
`COUNT V
`(FedEx’s Infringement of the ’586 Patent)
`Paragraphs 1-74 are incorporated by reference as if fully restated herein.
`
`The ’586 patent is valid and enforceable.
`
`The ’586 patent addressed a need for an improved system for bar code data
`
`75.
`
`76.
`
`77.
`
`interchange between computers with different hardware and/or software. (Ex. E at col. 2:20-29.)
`
`The ’586 patent invention generally relates to bar code technology, and in particular, to methods
`
`and apparatuses for creating electronic and printed documents with tagged bar code information,
`
`capturing and decoding bar code information from a variety of video displays and printed media,
`
`caching the tagged bar coded information, parsing the bar coded tags, stripping the data tags, and
`
`inputting the bar coded information into a variety of applications. (Ex. E at col. 1:19-27.)
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`78.
`
`FedEx Ship Manager is software that provides FedEx’s customers with various
`
`shipping functions, including creating electronic shipping labels with a plurality of bar codes,
`
`allowing them to handle large volumes and automate the shipping process.
`
`79.
`
`FedEx has indirectly infringed, and continues to indirectly infringe, one or more
`
`claims of the ’586 patent under 35 U.S.C. § 271(b), either literally and/or under the doctrine of
`
`equivalents, because FedEx actively induces its customers to use FedEx Ship Manager to directly
`
`infringe the ’586 patent.
`
`80.
`
`FedEx has contributed to the infringement of, and continues to contribute to the
`
`infringement of, one or more claims