`Case 2:05-mc-02025 Document 2684-1 Filed 03/29/2007 Page 1 of 6(cid:10)
`
`Richard A. Swanson
`PA ID No. 83868
`DEL SOLE CAVANAUGH STROYD LLC
`The Waterfront Building
`200 First Avenue, Suite 300
`Pittsburgh, Pennsylvania 15222
`Phone: (412) 261-2393
`Facsimile: (412) 261-2110
`
`
`
`Attorneys for Plaintiffs
`
`
`
`
`ARRIVALSTAR S.A. and MELVINO
`TECHNOLOGIES LIMITED,
`
`UNITED STATES DISTRICT COURT
`WESTERN DISTRICT OF PENNSYLVANIA
`
`
`Raymond P. Niro
`Sally Wiggins
`Matthew G. McAndrews
`Douglas M. Hall
`Nicholas M. Dudziak
`Pro hac vice applications to be submitted
`NIRO, SCAVONE, HALLER & NIRO
`181 West Madison Street, Suite 4600
`Chicago, Illinois 60602
`Phone: (312) 236-0733
`Facsimile: (312) 236-3137
`
`Civil No. _______________
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`JURY TRIAL DEMANDED
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`COMPLAINT FOR PATENT
`INFRINGEMENT
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`
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`Plaintiffs,
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`v.
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`
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`SHIPMATRIX, INC., UNITED PARCEL
`SERVICES, INC. and FEDEX
`CORPORATION,
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`
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`
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`Defendants.
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`COMPLAINT
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`Plaintiffs ArrivalStar s.a. and Melvino Technologies Limited (collectively
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`“ArrivalStar” or “Plaintiffs”), by and through their undersigned attorneys, for their
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`complaint against defendants ShipMatrix, Inc. (“ShipMatrix”), United Parcel Services,
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`Inc. (“UPS”) and FedEx Corporation (“FedEx”) (ShipMatrix, UPS and FedEx are
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`collectively referred to herein as “Defendants”), hereby allege as follows:
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`
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`Exhibit 2001 Page 1
`
`IV Exhibit 2001
`FedEx v. IV
`Case IPR2017-00787
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`
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`Case 2:07-cv-00415-JFC Document 1 Filed 03/30/07 Page 2 of 6
`Case 2:05-mc-02025 Document 2684-1 Filed 03/29/2007 Page 2 of 6(cid:10)
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`NATURE OF LAWSUIT
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`1.
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`This action involves claims for patent infringement arising under the patent
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`laws of the United States, Title 35 of the United States Code. This Court has exclusive
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`jurisdiction over the subject matter of the Complaint under 28 U.S.C. § 1338(a).
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`THE PARTIES
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`2.
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`ArrivalStar s.a. is a corporation organized under the laws of Luxembourg
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`and having offices at 67 Rue Michel, Welter L-2730, Luxembourg, and in this judicial
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`district at 370 Easton Street, Hermitage, Pennsylvania 16148.
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`3.
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`Melvino Technologies Limited is a corporation organized under the laws of
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`the British Virgin Island of Tortola, having offices at P.O. Box 3152, RG Hodge Building,
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`Road Town, Tortola, British Virgin Islands, and in this judicial district at 370 Easton
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`Street, Hermitage, Pennsylvania 16148.
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`4.
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`Melvino and ArrivalStar s.a. (collectively referred
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`to hereafter as
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`“ArrivalStar”) own all right, title and interest in, and have standing to sue for infringement
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`of United States Patent No. 6,904,359 (“the ‘359 patent”), entitled “Notification Systems
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`and Methods with User-Definable Notifications Based Upon Occurrence of Events,”
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`issued June 7, 2005, United States Patent No. 6,748,318 (“the ‘318 patent”), entitled
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`“Advanced Notification Systems and Methods Utilizing A Computer Network,” issued
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`June 8, 2004, and United States Patent No. 6,748,320 (“the ‘320 patent”), entitled
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`“Advanced Notification Systems and Methods Utilizing A Computer Network.” Copies of
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`the ‘359, ‘318 and ‘320 patents are annexed hereto as Exhibits A, B and C, respectively.
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`5.
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`Defendant ShipMatrix is a Pennsylvania corporation with a place of
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`business at Waterfront Corporate Park, 2200 Georgetowne Drive, Suite 202, Sewickley,
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`Pennsylvania 15143. ShipMatrix transacts business and has provided to customers in
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`
`
`2
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`Exhibit 2001 Page 2
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`
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`Case 2:07-cv-00415-JFC Document 1 Filed 03/30/07 Page 3 of 6
`Case 2:05-mc-02025 Document 2684-1 Filed 03/29/2007 Page 3 of 6(cid:10)
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`this judicial district and throughout the State of Pennsylvania services that infringe
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`claims of the ‘359, ‘318 and ‘320 patents.
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`6.
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`Defendant UPS is a Delaware corporation with a place of business at 55
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`Glenlake Parkway, N.E., Atlanta, Georgia 30328. UPS transacts business and has
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`provided to customers in this judicial District and throughout the State of Pennsylvania
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`services that infringe claims of the ‘359, ‘318 and ‘320 patents.
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`7.
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`Defendant FedEx is a Delaware corporation with a place of business at
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`942 South Shady Grove Road, Memphis, Tennessee 38120. FedEx transacts business
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`and has provided to customers in this judicial District and throughout the State of
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`Pennsylvania services that infringe claims of the ‘359, ‘318 and ‘320 patents.
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`8.
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`Venue is proper in this District under 28 U.S.C. §§ 1391 and 1400(b).
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`DEFENDANT SHIPMATRIX’S ACTS OF PATENT INFRINGEMENT
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`9.
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`Defendant ShipMatrix has infringed claims of the ‘359, ‘318 and ‘320
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`patents through, among other activities, the use of its ShipMatrix ETA and ShipMatrix
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`Alert notification systems. Specifically, the shipment, exception/delay and delivery
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`notification features of the ShipMatrix ETA and ShipMatrix Alert notification systems
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`infringe at least: claims 1, 2, 6, 7, 8, 9, 12, 13, 19, 20, 40, 41 and 42 of the ‘359 patent;
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`claims 1, 2, 3, 4, 6, 8, 11, 12, 13, 14, 16, 23, 47, 48, 49, 50, 52, 54, 57, 58, 59, 60, 62,
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`63, 69, 70, 71, 72, 73, 75, 77, 80, 81, 82, 83, 85, 86 and 92 of the ‘318 patent; and
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`claims 11, 16, 17, 18, 19 and 20 of the ‘320 patent. ShipMatrix has also infringed the
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`‘359, ‘318 and ‘320 patents by knowingly and actively inducing others to infringe, and by
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`contributing to the infringement by others of, such patents.
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`
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`3
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`Exhibit 2001 Page 3
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`Case 2:07-cv-00415-JFC Document 1 Filed 03/30/07 Page 4 of 6
`Case 2:05-mc-02025 Document 2684-1 Filed 03/29/2007 Page 4 of 6(cid:10)
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`10. Defendant ShipMatrix’s
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`infringement, contributory
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`infringement, and
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`inducement to infringe has been willful and deliberate and has injured and will continue
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`to injure ArrivalStar unless and until this Court enters an injunction prohibiting further
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`infringement and, specifically, enjoining further use of methods and systems that come
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`within the scope of the ‘359, ‘318 and ‘320 patents.
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`DEFENDANT UPS’S ACTS OF PATENT INFRINGEMENT
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`11. Defendant UPS has infringed claims of the ‘359, ‘318 and ‘320 patents
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`through, among other activities, the use of its Quantum View NotifySM system.
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`Specifically, the shipment, exception/delay and delivery notification features of UPS’s
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`Quantum View NotifySM system infringe at least: claims 1, 2, 6, 7, 8, 9, 12, 13, 19, 20,
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`40, 41 and 42 of the ‘359 patent; claims 1, 2, 3, 4, 6, 8, 11, 12, 13, 14, 16, 23, 47, 48,
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`49, 50, 52, 54, 57, 58, 59, 60, 62, 63, 69, 70, 71, 72, 73, 75, 77, 80, 81, 82, 83, 85, 86
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`and 92 of the ‘318 patent; and claims 11, 16, 17, 18, 19 and 20 of the ‘320 patent. UPS
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`has also infringed the ‘359, ‘318 and ‘320 patents by knowingly and actively inducing
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`others to infringe, and by contributing to the infringement by others of, such patents.
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`12. Defendant UPS’s infringement, contributory infringement, and inducement
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`to infringe has been willful and deliberate and has injured and will continue to injure
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`ArrivalStar unless and until this Court enters an injunction prohibiting further
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`infringement and, specifically, enjoining further use of methods and systems that come
`
`within the scope of the ‘359, ‘318 and ‘320 patents.
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`DEFENDANT FEDEX’S ACTS OF PATENT INFRINGEMENT
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`13. Defendant FedEx has infringed claims of the ‘359, ‘318 and ‘320 patents
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`through, among other activities, the use of its FedEx InSight notification system.
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`Specifically, the shipment, exception/delay and delivery notification features of FedEx’s
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`
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`4
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`Exhibit 2001 Page 4
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`Case 2:07-cv-00415-JFC Document 1 Filed 03/30/07 Page 5 of 6
`Case 2:05-mc-02025 Document 2684-1 Filed 03/29/2007 Page 5 of 6(cid:10)
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`InSight notification system infringe at least: claims 1, 2, 6, 7, 8, 9, 12, 13, 19, 20, 40, 41
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`and 42 of the ‘359 patent; claims 1, 2, 3, 4, 6, 8, 11, 12, 13, 14, 16, 23, 47, 48, 49, 50,
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`52, 54, 57, 58, 59, 60, 62, 63, 69, 70, 71, 72, 73, 75, 77, 80, 81, 82, 83, 85, 86 and 92 of
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`the ‘318 patent; and claims 11, 16, 17, 18, 19 and 20 of the ‘320 patent. FedEx has
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`also infringed the ‘359, ‘318 and ‘320 patents by knowingly and actively inducing others
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`to infringe, and by contributing to the infringement by others of, such patents.
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`14. Defendant FedEx’s
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`infringement, contributory
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`infringement, and
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`inducement to infringe has been willful and deliberate and has injured and will continue
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`to injure ArrivalStar unless and until this Court enters an injunction prohibiting further
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`infringement and, specifically, enjoining further use of methods and systems that come
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`within the scope of the ‘359, ‘318 and ‘320 patents.
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`PRAYER FOR RELIEF
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`
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`WHEREFORE, Plaintiffs ask this Court to enter judgment against Defendants,
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`and against their subsidiaries, affiliates, agents, servants, employees and all persons in
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`active concert or participation with them, granting the following relief:
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`A.
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`An award of damages adequate to compensate ArrivalStar for the
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`infringement that has occurred, together with prejudgment interest from
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`the date that Defendant’s infringement of the ArrivalStar patents began;
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`Increased damages as permitted under 35 U.S.C. § 284;
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`A finding that this case is exceptional and an award to ArrivalStar of its
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`attorneys' fees and costs as provided by 35 U.S.C. § 285;
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`B.
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`C.
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`D.
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`A permanent injunction prohibiting further infringement, inducement and
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`contributory infringement of the ArrivalStar Patents; and
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`
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`5
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`Exhibit 2001 Page 5
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`
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`Case 2:07-cv-00415-JFC Document 1 Filed 03/30/07 Page 6 of 6
`Case 2:05-mc-02025 Document 2684-1 Filed 03/29/2007 Page 6 of 6(cid:10)
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`E.
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`Such other and further relief as this Court or a jury may deem proper and
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`just.
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`JURY DEMAND
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`
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`ArrivalStar demands a trial by jury on all issues presented in this Complaint.
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`
`
`By:/s/ Richard A. Swanson
`Richard A. Swanson
`PA ID No. 83868
`DEL SOLE CAVANAUGH STROYD LLC
`The Waterfront Building
`200 First Avenue, Suite 300
`Pittsburgh, Pennsylvania 15222
`Phone: (412) 261-2393
`Facsimile: (412) 261-2110
`
`
`
` -and-
`
`
`Raymond P. Niro
`Sally Wiggins
`Matthew G. McAndrews
`Douglas M. Hall
`Nicholas M. Dudziak
`NIRO, SCAVONE, HALLER & NIRO
`181 W. Madison St., Ste. 4600
`Chicago, Illinois 60602
`Phone: (312) 236-0733
`Facsimile: (312) 236-3137
`
`Attorneys for Plaintiffs
`
`
`Dated: March 29, 2007
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`
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`
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`6
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`Exhibit 2001 Page 6
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`