Case 6:20-cv-00156-ADA Document 1 Filed 02/28/20 Page 1 of 83
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`
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
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`Quartz Auto Technologies LLC
`
`
`Plaintiff,
`
`
`v.
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`Lyft, Inc.
`
`
`Defendant.
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`
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`Civil Action No. 6:20-cv-00156
`
`The Honorable ________________________
`
`COMPLAINT FOR PATENT
`INFRINGEMENT
`
`JURY TRIAL DEMANDED
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`
`COMPLAINT FOR PATENT INFRINGEMENT AND DEMAND FOR JURY TRIAL
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`
`TO THE HONORABLE JUDGE OF SAID COURT:
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`
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`Plaintiff Quartz Auto Technologies LLC (“Quartz Auto”), files this Complaint for Patent
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`Infringement and Damages against Defendant Lyft, Inc. (“Lyft” or “Defendant”), and would
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`respectfully show the Court as follows:
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`PARTIES
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`1.
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`Plaintiff Quartz Auto is a Delaware limited liability company with its principal
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`place of business located at 301 S. Fremont Ave, Baltimore, MD 21230.
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`2.
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`On information and belief, Defendant Lyft is a Delaware corporation with its
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`principal place of business located at 185 Berry Street, Suite 5000, San Francisco, CA 94107. Lyft
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`is registered to conduct business in Texas, and may be served through its registered agent, The
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`Corporation Trust Company, located at 1999 Bryan St., Suite 900, Dallas TX 75201-3136.
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`JURISDICTION AND VENUE
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`3.
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`This is a civil action for patent infringement arising under the Patent Laws of the
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`United States as set forth in 35 U.S.C. §§ 271, et seq.
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`1
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`4.
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`This Court has federal subject matter jurisdiction over this action pursuant to 28
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`U.S.C. §§ 1331 and 1338(a) and pendant jurisdiction over the other claims for relief asserted
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`herein.
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`5.
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`This Court has personal jurisdiction over Defendant pursuant to TEX. CIV. PRAC. &
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`REM. CODE § 17.041 et seq. Personal jurisdiction exists over Defendant because Defendant has
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`minimum contacts with this forum as a result of business regularly conducted within the State of
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`Texas and within this district, and, on information and belief, specifically as a result of, at least,
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`committing the tort of patent infringement within Texas and this district. Personal jurisdiction also
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`exists because, on information and belief, Defendant has: (1) operated the Internet website,
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`https://www.lyft.com/, and provided a mobile application (the “Lyft app”), which is available to
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`and accessed by ridesharing users, customers, and potential customers of the Defendant, both
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`riders and drivers, within this judicial district; (2) operated within the judicial district, with
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`ridesharing offered to users, customers, and potential customers of Defendant in locations
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`including Austin, El Paso, San Antonio, and Waco; (3) actively advertised to residents within the
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`District to hire more drivers; (4) transacted business within the State of Texas; (5) actively
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`infringed and/or induced infringement of Plaintiff’s patents in Texas; (6) established regular and
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`systematic business contacts within the State of Texas; and (7) continue to conduct such business
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`in Texas through the continued operation within the district. Accordingly, this Court’s jurisdiction
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`over the Defendant comports with the constitutional standards of fair play and substantial justice
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`and arises directly from the Defendant’s purposeful minimum contacts with the State of Texas.
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`6.
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`This Court also has personal jurisdiction over Defendant, because in addition to
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`Defendant’s own online website and advertising within this judicial district, Defendant has also
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`2
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`Case 6:20-cv-00156-ADA Document 1 Filed 02/28/20 Page 3 of 83
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`made its ridesharing services available specifically within this judicial district via the following
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`means:
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`a.
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`Defendant offers ridesharing within the judicial district, in locations
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`including:
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`- Austin (https://www.lyft.com/rider/cities/austin-tx),
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`- El Paso (https://www.lyft.com/rider/cities/el-paso-tx),
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`- San Antonio (https://www.lyft.com/rider/cities/san-antonio-tx), and
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`- Waco (https://www.lyft.com/rider/cities/waco-killeen-tx).
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`b.
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`Defendant actively advertises to district residents to hire more drivers
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`within the district. For example:
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`- Austin (https://www.lyft.com/driver/cities/austin-tx), and
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`- Waco (https://www.lyft.com/driver/cities/waco-killeen-tx).
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`c.
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`Defendant actively promotes working for Lyft to all, including district
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`residents, who have downloaded the Lyft passenger application, as “Drive with Lyft” is
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`listed in the application drop down menu, and incentivizes new drivers with guaranteed
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`money dependent on “X” number of drives in first 30 days (guaranteed money amount and
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`number of drives depends on location).
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`3
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`Lyft Passenger Application Screenshots February 16, 2020
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`d.
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`Defendant provides in-person support via “Driver Hubs” within the Western
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`District of Texas, including a driver center in Austin (6375 US-290, Austin, TX 78723) and
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`both
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`a
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`service
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`desk
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`and
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`airport
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`service
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`desk
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`in
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`San Antonio
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`(https://thehub.lyft.com/hours/texas).
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`7.
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`Defendant is subject to this Court’s specific and general personal jurisdiction
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`pursuant to due process and/or the Texas Long Arm Statute, due at least to Defendant’s substantial
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`business in this forum, including: (i) at least a portion of the infringements alleged herein; and/or
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`(ii) regularly doing or soliciting business, engaging in other persistent courses of conduct, and/or
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`deriving substantial revenue from goods and services provided to individuals in Texas and in this
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`district.
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`4
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`8.
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`Venue is proper in this Court under 28 U.S.C. §§ 1391(b) and (c) and 28 U.S.C.
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`§ 1400(b) based on the information and belief that the Defendant has committed or induced acts
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`of infringement, and/or advertise, market, sell, and/or offer to sell products, including infringing
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`products, in this judicial district. In addition, Defendant maintains numerous regular and
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`established places of business in this district by providing its ridesharing service in this district in,
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`for example, Waco, Texas. In addition, Defendant maintains regular and established places of
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`business in this district, as discussed in ¶6(d).
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`THE PATENTS-IN-SUIT
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`9.
`
`On September 3, 2002, United States Patent No. 6,446,004 (“the ‘004 patent”),
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`entitled “System and Method for Implementing Proximity or Location Driven Activities” was duly
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`and legally issued by the United States Patent and Trademark Office (“USPTO”) to Kevin Tung
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`Cao, Daniel Alexander Ford, and Reiner Kraft, with the International Business Machines
`
`Corporation (“IBM”) as assignee. A copy of the ‘004 patent is attached hereto as Exhibit A.
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`10.
`
`On October 19, 2004, United States Patent No. 6,807,464 (“the ‘464 patent”),
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`entitled “Systems and Methods for Distributing Information to an Operator of a Vehicle” was duly
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`and legally issued by the USPTO to Philip Shi-lung Yu, David P. Greene, Edith H. Stern, and Barry
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`E. Willner, with IBM as assignee. A copy of the ‘464 patent is attached hereto as Exhibit B.
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`11.
`
`On May 6, 2008, United States Patent No. 7,370,085 (“the ‘085 patent”), entitled
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`“Method, System, and Program for Providing User Location Information with a Personal
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`Information Management Program” was duly and legally issued by the USPTO to Michael Wayne
`
`Brown, Rabindranath Dutta, and Michael A. Paolini, with IBM as assignee. A copy of the ‘085
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`patent is attached hereto as Exhibit C.
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`5
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`12.
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`On June 7, 2011, United States Patent No. 7,958,215 (“the ‘215 patent”), entitled
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`“System Management Using Real Time Collaboration” was duly and legally issued by the USPTO
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`to David Gerard Herbeck and Susette Marie Townsend, with IBM as assignee. A copy of the ‘215
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`patent is attached hereto as Exhibit D.
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`13.
`
`On October 4, 2016, United States Patent No. 9,460,616 (“the ‘616 patent”),
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`entitled “Management of Mobile Objects and Service Platform for Mobile Objects” was duly and
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`legally issued by the USPTO to Tomohiro Miyahira and Gaku Yamamoto, with IBM as assignee.
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`A copy of the ‘616 patent is attached hereto as Exhibit E.
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`14.
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`The ‘004, ‘464, ‘085, ‘215, and ‘616 patents are referred to hereinafter as the
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`“Quartz Auto Patents.”
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`15.
`
`Plaintiff Quartz Auto Technologies LLC is the owner of the entire right, title, and
`
`interest in and to the Quartz Auto Patents. The Quartz Auto Patents were originally owned by and
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`assigned to IBM, and through predecessors in interest that were duly recorded in the U.S. Patent
`
`Office, were ultimately assigned to Quartz Auto on or about February 13, 2020 and February 14,
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`2020, and recorded in the Patent Office, with all right, title, and interest in and to the Patents to
`
`Quartz Auto. Each of the Quartz Auto Patents are presumed valid under 35 U.S.C. § 282.
`
`United States Patent No. 6,446,004
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`16.
`
` The ‘004 patent claims a system and associated method for implementing a
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`proximity driven activity. In one embodiment, the system and an associated method of the ‘004
`
`patent allow requests to be executed at some point in the future without specifying the exact time
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`or necessarily a precise location. The execution time of the request is linked to the arrival of a
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`person at, or near a geographic location or destination. When a person arrives at that location, or
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`comes within a proximity threshold distance of that location, the request to interact will be
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`6
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`executed. The proximity threshold “can be adjustable and programmable” (col. 2, lines 6-7). A
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`“mobile computing device” may be, for example, a personal computer, a personal digital assistant,
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`and preferably possesses a wireless means of communication. In the present complaint,
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`Defendant’s ride-hailing system and method infringe on these inventive aspects of the ‘004 patent
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`by, for example, using both passenger and driver applications that input, collect, and transmit such
`
`proximity driven activity between the passenger and the driver, and vice versa. Here, the Lyft
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`applications, installed and used on mobile computing devices (most often wireless mobile phones),
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`collect a passenger’s current location and inputted destination and executes software code to
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`determine which driver is within the proximity threshold to complete the passenger’s request. The
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`passenger’s current location and inputted destination is then transmitted through the Lyft
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`application to the driver’s mobile device.
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`17.
`
`The ‘004 patent overcomes shortcomings in the prior art, which were ineffective at
`
`integrating location positioning (col. 1, lines 36-40) into functional applications in the ever-
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`advancing areas of GPS and mobile computing. Certain of the inventive aspects of the ‘004 patent
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`addressed the need for improvements in the area of location dependent data processing, by
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`developing software for use with a mobile computing device combined with a global positioning
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`system locator (col. 1, lines 16-24). More specifically, the inventive aspects of executing an activity
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`linked to the arrival of a person at or near a geographic location or destination, which is dependent
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`on a mobile computing device and the calculated current location and destination of the mobile
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`device (col. 1, lines 61-67), were not well-understood, routine, or conventional at the time of the
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`invention.
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`7
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`United States Patent No. 6,807,464
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`18.
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`In one embodiment, the ‘464 patent claims a method and associated system of
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`distributing vehicle control information by determining, at a controller location, the vehicle control
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`information associated with the location of the vehicle and vehicle operator, and then arranging
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`the information to provide an indication to the vehicle operator. Such “vehicle control
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`information” may refer to any information that can be used by an operator with respect to a vehicle,
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`and may be provided to the operator, for example, via text information, image information, audio
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`information, dashboard information, and/or HUD information. In the present complaint,
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`Defendant’s ride-hailing system and method infringe on these inventive aspects of the ‘464 patent
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`by, for example, using both passenger and driver applications that communicate such vehicle
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`control information between the passenger and the driver, and vice versa. Here, the Lyft passenger
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`application serves as the controller, while the Lyft driver application serves as the operator, and
`
`the requisite information is provided by text, image, and audio, as needed.
`
`19.
`
`The ‘464 patent overcomes shortcomings in the prior art, which required
`
`information be presented through traditional signage and traffic signals placed along roads (col. 1,
`
`lines 20-21). The prior art is not an effective means to disseminate all kinds of information (col. 1,
`
`lines 39-46). Certain of the inventive aspects of the ‘464 patent addressed the need for
`
`improvements in the area of distributing information to the operator of a vehicle, by better
`
`facilitating the dissemination of information via a vehicle device (col. 2, lines 1-5). More
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`specifically, the inventive aspects of collecting vehicle control information and distributing the
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`information to the individual vehicle device for a plurality of vehicles (col. 13, lines 55-67), were
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`not well-understood, routine, or conventional at the time of the invention.
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`8
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`United States Patent No. 7,370,085
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`20.
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`The ‘085 patent claims a method for providing user location information for a
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`personal information management (PIM) program by generating position coordinates of a wireless
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`device with related time information. Additionally, the ‘085 patent claims another method for
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`generating a calendar for a PIM program by receiving a time interval and determining position
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`coordinates of a wireless device in order to display a user’s activity with the corresponding time.
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`In one embodiment, the ‘085 patent then determines whether a rate of change in distance between
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`position coordinates at designated times indicates a user’s activity during the activity time period,
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`and then generates information on the predefined activity. A PIM client gathers and presents PIM
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`information, such as calendaring and scheduling information, in accordance with the described
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`implementations. A PIM refers to a program designed to allow users to organize random bits of
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`information in a useful format (col. 4, lines 27-33). In the present complaint, Defendant’s ride-
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`hailing system and method infringe on these inventive aspects of the ‘085 patent. For example,
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`Defendant’s use of geographical reference data to depict various drivers in the vicinity of a
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`potential passenger on its Lyft application fits one definition of gathering and presenting
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`information on a PIM.
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`21.
`
`The ‘085 patent overcomes shortcoming in the prior art, which provided users of
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`wireless computing (such as personal information managers) or handheld computers (such as
`
`cellular phones) significantly limited versions of programs and functions normally available on
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`desktop computers (col. 1, lines 56-61). Certain of the inventive aspects of the ‘085 patent
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`addressed the need for an application that could more fully exploit wireless computing technology
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`and extend the utility beyond that of a portable telephone and limited personal information
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`manager (col. 2, lines 5-10). These aspects were not well-understood, routine, or conventional at
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`the time of the invention.
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`United States Patent No. 7,958,215
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`22.
`
` The ‘215 patent claims a number of computer-implemented embodiments for
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`responding to a condition/alert (for example, needing a ride) and managing an information
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`technology device.
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`a.
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`Claim 1 of the ‘215 patent claims a method for responding to a problem condition,
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`which automatically detects the availability of the first candidate to respond to the problem
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`condition, responds to the detection, automatically assigns to the first candidate the responsibility
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`for the problem condition, and then receives confirmation that the candidate has accepted
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`responsibility.
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`b.
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`Claim 5 of the ‘215 patent claims a method for managing an information technology
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`device, which receives an alert from a device and receives availability information of a plurality
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`of candidates, automatically selects a qualified and available candidate to take responsibility for
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`the alert, and then receives a reply from the candidate indicating acceptance of responsibility.
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`c.
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`Claim 14 of the ‘215 patent claims a method for managing an information
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`technology device, which receives an alert from the device, automatically selects a qualified
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`candidate and determines candidates’ availability to respond to the alert, automatically sends an
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`instant message to the candidate containing information about the alert, receives a reply from the
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`candidate indicating acceptance of responsibility, and then automatically assigns responsibility for
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`the alert to the candidate.
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`d.
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`Claim 17 of the ‘215 patent claims a method for assigning responsibility for
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`responding to a condition in an information technology device, which receives an alert from a
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`monitored device describing an event in the device, automatically detects an available
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`administrator qualified to respond to the event, automatically sends a first instant message to the
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`available administrator that references the alert and requests acknowledgment, receives a second
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`instant message from the administrator acknowledging the event, and then automatically assigns
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`responsibility for the event to the administrator.
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`In particular, the ‘215 patent relates to management methods and systems using real-time
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`collaboration and instant messaging technology (col. 1, lines 5-10). In the present complaint,
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`Defendant’s ride-hailing system and method infringe on these inventive aspects of the ‘215 patent.
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`For example, Defendant monitors alerts/conditions (ride requests) from passengers through the
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`Lyft Application (on a device) and automatically determines the availability of a plurality of
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`drivers (candidates/administrators) to respond to the passenger’s request. Once driver location,
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`availability, and qualification (for example, possession of driver’s license; vehicle type; vehicle
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`make; vehicle year; passenger rating; driver rating; driver acceptance rating; driver coverage areas;
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`etc.) are determined, the drivers are automatically notified via their Lyft Applications. The drivers
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`respond, and then one driver is automatically assigned to handle the passenger’s alert. The Lyft
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`Applications (passenger application to Lyft server to driver application, and vice versa), use real-
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`time collaboration and messaging technology to manage alerts and assignments of responsibility.
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`23.
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`The ‘215 patent overcomes shortcomings in the prior art, which failed to properly
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`ensure responses to alerts and conditions in a cost effective and timely fashion (col. 1, lines 24-
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`62). Certain of the inventive aspects of the ‘215 patent address the need for ensuring and assigning
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`real time responses to alerts and conditions from qualified and available candidates (col.1, lines
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`65-67, col. 2, lines 1-62). Such method and aspects were not well-understood, routine, or
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`conventional at the time of the invention.
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`United States Patent No. 9,460,616
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`24.
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`In one embodiment, the ‘616 patent claims a system comprising a mobile object
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`server that receives information from a plurality of mobile objects within a geographic space and
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`performs a process associated with each mobile object. A notification is provided if one mobile
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`object has become distanced from a predetermined location or region. The mobile objects may be
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`manned/unmanned automobiles, motorbikes, bicycles, humans having a digital device, airplanes,
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`vessels, drones, or the like (col. 2, lines 41-43). In the present complaint, Defendant’s ride-hailing
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`system and method infringe on these inventive aspects of the ‘616 patent. For example, Defendant
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`monitors its drivers (mobile objects) via its central servers (mobile object server), with each of the
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`plurality of drivers in a geographic area providing information which is received at the Defendant’s
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`servers. Such information from the drivers may include information about accidents, obstructions,
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`closures, limitation statuses, or construction on the road. Defendant’s servers monitor the
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`progress/location of the driver, and perform a process of updating the navigation information
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`provided to the driver via the Lyft Navigation, Google Maps, or Waze navigation applications,
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`with updated estimated times of arrival based on the speed, current traffic, and other considerations
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`encountered by the Lyft driver.
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`25.
`
`The ‘616 patent overcomes shortcomings in the prior art, which failed to account
`
`for the inherent problem that as the geographic space being handled expands, the number of
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`automobiles and the number of roads increases, thereby increasing the amount of information
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`being sent and received to a level that surpasses the processing capabilities of the server, nor allows
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`different information and services to be provided to each automobile and driver in real time (col.
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`1, lines 17-25). Certain of the inventive aspects of the ‘616 patent addressed the need for
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`improvements in managing the geographic space and mobile objects within the geographic space
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`(col. 27, lines 49-52). These aspects were not well-understood, routine, or conventional at the time
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`of the invention.
`
`The Lyft Application
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`26.
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`On information and belief, Defendant uses the Lyft network/server in combination
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`with the Lyft rider/passenger application and the Lyft driver application to operate ride-hailing
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`services. For the purposes of this complaint, the term “Lyft app” encompasses all such
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`functionalities and any related Lyft technologies, either commercially available or developed
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`functionally by Lyft.
`
`a.
`
`On information and belief, Lyft operates a network/server infrastructure with its
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`riders/passengers and drivers.
`
`b.
`
`On information and belief, Lyft operates and provides a Rider application that,
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`among other things, allows Lyft passengers/customers to request a ride. For the purposes of this
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`complaint, passenger application/app and rider application/app, as well as any different,
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`unambiguous iterations, are used interchangeably.
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`c.
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`On information and belief, Lyft operates and provides a Driver application that,
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`among other things, allows Lyft drivers to accept ride requests and perform related activities. For
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`the purposes of this complaint, driver application/app and any different, unambiguous iterations,
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`are used interchangeably.
`
`COUNT I
`PATENT INFRINGEMENT OF THE ‘004 PATENT
`
`
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`27.
`
`Plaintiff Quartz Auto repeats and realleges the above paragraphs, which are
`
`incorporated by reference as if fully restated herein.
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`28.
`
`Plaintiff Quartz Auto is the owner of all rights, title, and interest in the ‘004 patent.
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`29.
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`Plaintiff Quartz Auto and its predecessors in interest have never licensed to the
`
`Defendant under the ‘004 patent, nor has Plaintiff Quartz Auto otherwise authorized the Defendant
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`to practice any part of the ‘004 patent.
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`30.
`
`31.
`
`The ‘004 patent is presumed valid under 35 U.S.C. §282.
`
`The ‘004 patent relates to, among other things, a system and method for
`
`implementing proximity or location driven activities.
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`32.
`
`On information and belief, Defendant operates a ride-hailing service that uses a
`
`passenger and driver application that collects current location and destination in order to execute
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`a proximity-driven activity.
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`33.
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`Direct Infringement: On information and belief, Defendant has directly infringed
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`and continues to directly infringe, either literally or under the doctrine of equivalents, one or more
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`claims of the ‘004 patent, including for example (but not limited to) at least method claims 1-11,
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`system claims 12-22, and computer program claims 23-33 of the ‘004 patent by making, using,
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`distributing, providing, supplying, selling, offering to sell without license or authority Defendant’s
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`application that include infringing features. The infringing products include applications that can
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`be used on a variety of mobile computing devices and gather and transmit location-specific
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`information. A detailed infringement claim mapping is provided in paragraphs 37-44 and
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`paragraphs 45-49 below.
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`34.
`
`Induced Infringement: On information and belief, Defendant has and continues
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`to promote, advertise, and instruct current drivers and riders, and potential drivers and riders about
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`Lyft products, such as:
`
`
`
`(i)
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`Providing Defendant’s downloadable applications for Rider
`
`(https://www.lyft.com/rider) and Driver (https://www.lyft.com/driver);
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`Case 6:20-cv-00156-ADA Document 1 Filed 02/28/20 Page 15 of 83
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`(ii)
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`Providing an overview of how to use Lyft’s branded products
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`(https://www.lyftbusiness.com), including instructions for riders to use the services
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`(https://help.lyft.com/hc/en-us/categories/115002006488-Riding-with-Lyft); and
`
`(iii)
`
`Providing requirements for drivers to sign-up for the service
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`(https://help.lyft.com/hc/en-us/categories/115002009967-Driving-with-Lyft).
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`Defendant’s promotion, advertising, and instruction efforts include, at a minimum, maintenance
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`of its own website http://www.lyft.com/, providing additional driver application requirements and
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`Frequently Asked Questions
`
`(FAQs), and other
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`indicia of Lyft branded products
`
`(https://www.lyft.com/driver-application-requirements). Defendant’s
`
`software
`
`applications
`
`require both the rider and the driver to download the software applications for mobile computing
`
`devices, such as smartphones, laptops, and tablets, which enables Lyft to control the actions of
`
`both the riders and the drivers to use the infringing features of the products and methods for ride-
`
`hailing. On information and belief, Defendant continues to engage in these acts with knowledge
`
`of the ‘004 patent by the filing of this Complaint, and with the actual intent to cause the acts which
`
`it knew or should have known would induce actual infringement.
`
`35.
`
`Defendant Lyft has infringed the ‘004 patent by making, having made, using,
`
`importing, providing, supplying, distributing, selling, or offering for sale systems utilizing a
`
`method for implementing proximity driven activities.
`
`36.
`
`Detailed Mapping of Direct Infringement: On information and belief,
`
`infringement of the ‘004 patent by these Lyft ride-hailing products and applications is
`
`demonstrated below.
`
`37. Method claim 1 of the alleged claims:
`
`1. A method of implementing a proximity driven activity, comprising:
`specifying an activity to be executed at an indeterminate destination location;
`
`
`
`15
`
`

`

`Case 6:20-cv-00156-ADA Document 1 Filed 02/28/20 Page 16 of 83
`
`storing an executable software code corresponding to the activity;
`determining a current location of a mobile computing device;
`determining whether the destination location is within a predefined proximity range
`from the current location of the mobile computing device;
`executing the executable software code at a time when the destination location is
`within the proximity range of the mobile computing device; and
`transmitting an address of the destination location to the mobile computing device.
`
`38.
`
`On information and belief, the Lyft application or Lyft Network, which includes the
`
`passenger application, driver application, Lyft server, and all related technology (hereinafter, “Lyft
`
`App”) performs a method of implementing a proximity driven activity.
`
`https://www.youtube.com/watch?v=a8n2--HlzDU
`
`
`
`
`https://www.lyft.com/driver
`
`
`
`
`
`https://www.Lyft.com/newsroom/semi-automated-science-using-an-ai-simulation-
`framework/
`
`
`
`16
`
`

`

`Case 6:20-cv-00156-ADA Document 1 Filed 02/28/20 Page 17 of 83
`
`39.
`
`On information and belief, the Lyft App specifies an activity to be executed at an
`
`indeterminate destination location.
`
`https://www.youtube.com/watch?v=a8n2--HlzDU
`
`40.
`
`On information and belief, the Lyft App stores an executable software code
`
`
`
`corresponding to the activity.
`
`https://www.youtube.com/watch?v=a8n2--HlzDU
`
`
`
`
`https://help.lyft.com/hc/en-us/articles/115013080028#app
`
`
`
`
`
`
`17
`
`

`

`Case 6:20-cv-00156-ADA Document 1 Filed 02/28/20 Page 18 of 83
`
`41.
`
`On information and belief, the Lyft App determines a current location of a mobile
`
`computing device.
`
`https://www.youtube.com/watch?v=a8n2--HlzDU
`
`42.
`
`On information and belief, the Lyft App determines whether the destination location
`
`
`
`is within a predefined proximity range from the current location of the mobile computing device.
`
`https://www.youtube.com/watch?v=a8n2--HlzDU
`
`
`
`
`
`
`18
`
`

`

`Case 6:20-cv-00156-ADA Document 1 Filed 02/28/20 Page 19 of 83
`
`https://www.Lyft.com/newsroom/semi-automated-science-using-an-ai-simulation-
`framework/
`
`
`
`https://www.lyft.com/developers/products/ride-request
`
`43.
`
`On information and belief, the Lyft App executes the executable software code at a
`
`time when the destination location is within the proximity range of the mobile computing device.
`
`https://www.youtube.com/watch?v=a8n2--HlzDU
`
`
`
`
`19
`
`
`
`

`

`Case 6:20-cv-00156-ADA Document 1 Filed 02/28/20 Page 20 of 83
`
`
`Lyft Passenger Application Screenshot February 25, 2020
`
`44.
`
`On information and belief, the Lyft App transmits an address of the destination
`
`location to the mobile computing device.
`
`
`https://www.youtube.com/watch?v=a8n2--HlzDU
`
`
`
`
`20
`
`

`

`Case 6:20-cv-00156-ADA Document 1 Filed 02/28/20 Page 21 of 83
`
`
`Lyft Driver Application Screenshot February 25, 2020
`
`45.
`
`System claim 12 of the alleged claims is provided below (and system claim 12 is
`
`also taken as representative of breadth of computer program product claim 23):
`
`12. A system for implementing a proximity driven activity, comprising:
`a calendar module for specifying an activity to be executed at an indeterminate
`destination location;
`a server for storing an executable software code corresponding to the activity and
`for determining a current location of a mobile computing device; and
`the server determining whether the destination location is within a predefined
`proximity range from the current location of the mobile computing device, and, when the
`server determines that the destination location is within the proximity range of the mobile
`computing device, the server executes the executable software code, and transmits an
`address of the destination location to the mobile computing device.
`
`On information and belief, the Lyft application or Lyft Network, which includes the
`
`46.
`
`passenger application, driver application, Lyft server, and all related technology (hereinafter, “Lyft
`
`App”) performs a system of implementing a proximity driven activity.
`
`https://www.youtube.com/watch?v=a8n2--HlzDU
`
`
`
`
`
`21
`
`

`

`Case 6:20-cv-00156-ADA Document 1 Filed 02/28/20 Page 22 of 83
`
`
`
`https://www.lyft.com/driver
`
`
`
`
`
`https://www.Lyft.com/newsroom/semi-automated-science-using-an-ai-simulation-
`framework/
`
`47.
`
`On information and belief, the Lyft App uses a calendar module for specifying an
`
`activity to be executed at an indeterminate destination location.
`
`
`Lyft Driver Application Screenshot February 25, 2020
`
`
`
`22