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Case 2:07-cv-00415-JFC Document 1 Filed 03/30/07 Page 1 of 6
`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. _______________
`
`JURY TRIAL DEMANDED
`
`COMPLAINT FOR PATENT
`INFRINGEMENT
`
`
`
`
`
`
`
`
`
`
`
`Plaintiffs,
`
`
`
`v.
`
`
`
`
`
`
`SHIPMATRIX, INC., UNITED PARCEL
`SERVICES, INC. and FEDEX
`CORPORATION,
`
`
`
`
`
`Defendants.
`
`COMPLAINT
`
`
`
`
`
`
`
`
`
`Plaintiffs ArrivalStar s.a. and Melvino Technologies Limited (collectively
`
`“ArrivalStar” or “Plaintiffs”), by and through their undersigned attorneys, for their
`
`complaint against defendants ShipMatrix, Inc. (“ShipMatrix”), United Parcel Services,
`
`Inc. (“UPS”) and FedEx Corporation (“FedEx”) (ShipMatrix, UPS and FedEx are
`
`collectively referred to herein as “Defendants”), hereby allege as follows:
`
`
`
`Exhibit 2001 Page 1
`
`IV Exhibit 2001
`FedEx v. IV
`Case IPR2017-00787
`
`

`

`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)
`
`NATURE OF LAWSUIT
`
`1.
`
`This action involves claims for patent infringement arising under the patent
`
`laws of the United States, Title 35 of the United States Code. This Court has exclusive
`
`jurisdiction over the subject matter of the Complaint under 28 U.S.C. § 1338(a).
`
`THE PARTIES
`
`2.
`
`ArrivalStar s.a. is a corporation organized under the laws of Luxembourg
`
`and having offices at 67 Rue Michel, Welter L-2730, Luxembourg, and in this judicial
`
`district at 370 Easton Street, Hermitage, Pennsylvania 16148.
`
`3.
`
`Melvino Technologies Limited is a corporation organized under the laws of
`
`the British Virgin Island of Tortola, having offices at P.O. Box 3152, RG Hodge Building,
`
`Road Town, Tortola, British Virgin Islands, and in this judicial district at 370 Easton
`
`Street, Hermitage, Pennsylvania 16148.
`
`4.
`
`Melvino and ArrivalStar s.a. (collectively referred
`
`to hereafter as
`
`“ArrivalStar”) own all right, title and interest in, and have standing to sue for infringement
`
`of United States Patent No. 6,904,359 (“the ‘359 patent”), entitled “Notification Systems
`
`and Methods with User-Definable Notifications Based Upon Occurrence of Events,”
`
`issued June 7, 2005, United States Patent No. 6,748,318 (“the ‘318 patent”), entitled
`
`“Advanced Notification Systems and Methods Utilizing A Computer Network,” issued
`
`June 8, 2004, and United States Patent No. 6,748,320 (“the ‘320 patent”), entitled
`
`“Advanced Notification Systems and Methods Utilizing A Computer Network.” Copies of
`
`the ‘359, ‘318 and ‘320 patents are annexed hereto as Exhibits A, B and C, respectively.
`
`5.
`
`Defendant ShipMatrix is a Pennsylvania corporation with a place of
`
`business at Waterfront Corporate Park, 2200 Georgetowne Drive, Suite 202, Sewickley,
`
`Pennsylvania 15143. ShipMatrix transacts business and has provided to customers in
`
`
`
`2
`
`Exhibit 2001 Page 2
`
`

`

`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)
`
`this judicial district and throughout the State of Pennsylvania services that infringe
`
`claims of the ‘359, ‘318 and ‘320 patents.
`
`6.
`
`Defendant UPS is a Delaware corporation with a place of business at 55
`
`Glenlake Parkway, N.E., Atlanta, Georgia 30328. UPS transacts business and has
`
`provided to customers in this judicial District and throughout the State of Pennsylvania
`
`services that infringe claims of the ‘359, ‘318 and ‘320 patents.
`
`7.
`
`Defendant FedEx is a Delaware corporation with a place of business at
`
`942 South Shady Grove Road, Memphis, Tennessee 38120. FedEx transacts business
`
`and has provided to customers in this judicial District and throughout the State of
`
`Pennsylvania services that infringe claims of the ‘359, ‘318 and ‘320 patents.
`
`8.
`
`Venue is proper in this District under 28 U.S.C. §§ 1391 and 1400(b).
`
`DEFENDANT SHIPMATRIX’S ACTS OF PATENT INFRINGEMENT
`
`9.
`
`Defendant ShipMatrix has infringed claims of the ‘359, ‘318 and ‘320
`
`patents through, among other activities, the use of its ShipMatrix ETA and ShipMatrix
`
`Alert notification systems. Specifically, the shipment, exception/delay and delivery
`
`notification features of the ShipMatrix ETA and ShipMatrix Alert notification systems
`
`infringe at least: claims 1, 2, 6, 7, 8, 9, 12, 13, 19, 20, 40, 41 and 42 of the ‘359 patent;
`
`claims 1, 2, 3, 4, 6, 8, 11, 12, 13, 14, 16, 23, 47, 48, 49, 50, 52, 54, 57, 58, 59, 60, 62,
`
`63, 69, 70, 71, 72, 73, 75, 77, 80, 81, 82, 83, 85, 86 and 92 of the ‘318 patent; and
`
`claims 11, 16, 17, 18, 19 and 20 of the ‘320 patent. ShipMatrix has also infringed the
`
`‘359, ‘318 and ‘320 patents by knowingly and actively inducing others to infringe, and by
`
`contributing to the infringement by others of, such patents.
`
`
`
`3
`
`Exhibit 2001 Page 3
`
`

`

`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)
`
`10. Defendant ShipMatrix’s
`
`infringement, contributory
`
`infringement, and
`
`inducement to infringe has been willful and deliberate and has injured and will continue
`
`to injure ArrivalStar unless and until this Court enters an injunction prohibiting further
`
`infringement and, specifically, enjoining further use of methods and systems that come
`
`within the scope of the ‘359, ‘318 and ‘320 patents.
`
`DEFENDANT UPS’S ACTS OF PATENT INFRINGEMENT
`
`11. Defendant UPS has infringed claims of the ‘359, ‘318 and ‘320 patents
`
`through, among other activities, the use of its Quantum View NotifySM system.
`
`Specifically, the shipment, exception/delay and delivery notification features of UPS’s
`
`Quantum View NotifySM system infringe at least: claims 1, 2, 6, 7, 8, 9, 12, 13, 19, 20,
`
`40, 41 and 42 of the ‘359 patent; claims 1, 2, 3, 4, 6, 8, 11, 12, 13, 14, 16, 23, 47, 48,
`
`49, 50, 52, 54, 57, 58, 59, 60, 62, 63, 69, 70, 71, 72, 73, 75, 77, 80, 81, 82, 83, 85, 86
`
`and 92 of the ‘318 patent; and claims 11, 16, 17, 18, 19 and 20 of the ‘320 patent. UPS
`
`has also infringed the ‘359, ‘318 and ‘320 patents by knowingly and actively inducing
`
`others to infringe, and by contributing to the infringement by others of, such patents.
`
`12. Defendant UPS’s infringement, contributory infringement, and inducement
`
`to infringe has been willful and deliberate and has injured and will continue to injure
`
`ArrivalStar unless and until this Court enters an injunction prohibiting further
`
`infringement and, specifically, enjoining further use of methods and systems that come
`
`within the scope of the ‘359, ‘318 and ‘320 patents.
`
`DEFENDANT FEDEX’S ACTS OF PATENT INFRINGEMENT
`
`13. Defendant FedEx has infringed claims of the ‘359, ‘318 and ‘320 patents
`
`through, among other activities, the use of its FedEx InSight notification system.
`
`Specifically, the shipment, exception/delay and delivery notification features of FedEx’s
`
`
`
`4
`
`Exhibit 2001 Page 4
`
`

`

`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)
`
`InSight notification system infringe at least: claims 1, 2, 6, 7, 8, 9, 12, 13, 19, 20, 40, 41
`
`and 42 of the ‘359 patent; claims 1, 2, 3, 4, 6, 8, 11, 12, 13, 14, 16, 23, 47, 48, 49, 50,
`
`52, 54, 57, 58, 59, 60, 62, 63, 69, 70, 71, 72, 73, 75, 77, 80, 81, 82, 83, 85, 86 and 92 of
`
`the ‘318 patent; and claims 11, 16, 17, 18, 19 and 20 of the ‘320 patent. FedEx has
`
`also infringed the ‘359, ‘318 and ‘320 patents by knowingly and actively inducing others
`
`to infringe, and by contributing to the infringement by others of, such patents.
`
`14. Defendant FedEx’s
`
`infringement, contributory
`
`infringement, and
`
`inducement to infringe has been willful and deliberate and has injured and will continue
`
`to injure ArrivalStar unless and until this Court enters an injunction prohibiting further
`
`infringement and, specifically, enjoining further use of methods and systems that come
`
`within the scope of the ‘359, ‘318 and ‘320 patents.
`
`PRAYER FOR RELIEF
`
`
`
`WHEREFORE, Plaintiffs ask this Court to enter judgment against Defendants,
`
`and against their subsidiaries, affiliates, agents, servants, employees and all persons in
`
`active concert or participation with them, granting the following relief:
`
`A.
`
`An award of damages adequate to compensate ArrivalStar for the
`
`infringement that has occurred, together with prejudgment interest from
`
`the date that Defendant’s infringement of the ArrivalStar patents began;
`
`Increased damages as permitted under 35 U.S.C. § 284;
`
`A finding that this case is exceptional and an award to ArrivalStar of its
`
`attorneys' fees and costs as provided by 35 U.S.C. § 285;
`
`B.
`
`C.
`
`D.
`
`A permanent injunction prohibiting further infringement, inducement and
`
`contributory infringement of the ArrivalStar Patents; and
`
`
`
`5
`
`Exhibit 2001 Page 5
`
`

`

`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)
`
`E.
`
`Such other and further relief as this Court or a jury may deem proper and
`
`just.
`
`JURY DEMAND
`
`
`
`ArrivalStar demands a trial by jury on all issues presented in this Complaint.
`
`
`
`
`
`
`
`
`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
`
`
`
`
`
`6
`
`Exhibit 2001 Page 6
`
`

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