Case 6:20-cv-00651-ADA Document 1 Filed 07/17/20 Page 1 of 34
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`UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`GREATGIGZ SOLUTIONS, LLC,
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`
`
`
`Case No. 6:20-cv-651
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`JURY TRIAL DEMANDED
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`
`
`
`
`Plaintiff
`
` v.
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`LYFT, INC.,
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`
`
`
`Defendant
`
`
`
`
`
`
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`
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`ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT
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`GreatGigz Solutions, LLC (“Plaintiff”) hereby files this Original Complaint for Patent
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`Infringement against Lyft, Inc. (“Lyft” or “Defendant”), and alleges, on information and belief, as
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`follows:
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`THE PARTIES
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`1.
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`GreatGigz Solutions, LLC is a limited liability company organized and existing under the laws
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`of the State of Florida with its principal place of business at 600 S. Dixie Highway, Suite 605,
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`West Palm Beach, Florida 33401.
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`2.
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`On information and belief, Lyft, Inc. is a foreign for-profit corporation organized and existing
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`under the laws of the State of Delaware, with a principal place of business in the State of
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`California. Lyft may be served through its registered agent in the State of Texas at CT
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`Corporation System, 1999 Bryan Street, Suite 900, Dallas, Texas 75201. On information and
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`belief, Lyft sells and offers to sell products and services throughout the State of Texas, including
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`in this judicial District, and introduces services via its infringing systems into the stream of
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`ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT
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`commerce knowing and intending that they would be extensively used in the State of Texas and
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`in this judicial District. On information and belief, Lyft specifically targets customers in the
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`State of Texas and in this judicial District.
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`JURISDICTION AND VENUE
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`3.
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`4.
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`This Court has subject matter jurisdiction over this case under 28 U.S.C. §§ 1331 and 1338.
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`This Court has personal jurisdiction over Defendant. Defendant has continuous and systematic
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`business contacts with the State of Texas. Defendant directly conducts business extensively
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`throughout the State of Texas, by distributing, making, using, offering for sale, selling, and
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`advertising (including the provision of interactive web pages and Mobile Applications) its
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`services in the State of Texas and in this District. Defendant has purposefully and voluntarily
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`made its infringing systems available to residents of this District and into the stream of
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`commerce with the intention and expectation that they will be purchased and used by consumers
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`in this District. On information and belief, Lyft: (i) employs more than 2 Million Independent
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`Contractors; (ii) has completed more than 1 Billion rides; (iii) claims a 30% market share in the
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`United
`
`States;
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`and
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`(iv)
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`is
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`valued
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`at
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`nearly
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`$10
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`Billion.
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`
`
`See
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`https://www.businessofapps.com/data/lyft-statistics/.1
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`5.
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`On information and belief, Lyft maintain a substantial and continuous business presence in this
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`District, including an ongoing presence in Austin, Texas at 1021 East 7th Street, Suite 101,
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`78702. In addition, on information and belief, Lyft maintains multiple Lyft Drivers Centers in
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`this District which, on information and belief, are locations at which it provides services to Lyft
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`Drivers. See below. The Lyft Drivers Centers are located in this District, at 6375 US Highway
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`1 All references to Internet content, unless noted otherwise, are cited as of July 16, 2020, and as accessed
`from a location in the State of Texas.
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`ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT
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`290, Austin, Texas 78723, and at 8610 Broadway Street, Suite 260, San Antonio, Texas 78217.
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`See below.
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`See Google Map Image of Lyft Business Presence at 1021 East 7th Street, Suite 101, Austin, Texas.
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`
`
`See Lyft Hub Locator, at https://www.lyft.com/hub/hours/texas.
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`See Lyft Hub Locator, at https://www.lyft.com/hub/hours/texas.
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`6.
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`On information and belief, Defendant maintains an ongoing and continuous business presence in
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`
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`the State of Texas and specifically within this District, which is illustrated by the fact that Lyft
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`has 283 employees residing in the Austin, Texas area and within this District. See Lyft
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`corporate profile page on LinkedIn.com, which lists the location of Lyft employees worldwide,
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`and specifically lists 283 such individual employees in the Austin, Texas area. Among those
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`employees are upper level individuals holding the following titles: (i) Operations Manager; (ii)
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`Senior Manager; (iii) Regional Fleet Manager; (iv) Operations Lead; (v) Data Scientist; (vi) Fleet
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`Operations Lead; and (vii) Analytics / Fraud, Risk & Strategy. In addition to Austin, on
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`information and belief, Lyft employs 139 individuals in San Antonio, 25 in Killeen/Temple, 19
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`in El Paso, and 14 in Waco, all of which are located in this judicial District. See
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`https://www.linkedin.com/company/lyft/people/?facetGeoRegion=us%3A64&keywords=texas.
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`7.
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`Venue is proper in the Western District of Texas as to Defendant pursuant to at least 28 U.S.C.
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`§§ 1391(c)(2) and 1400(b). As noted above, Defendant maintains a regular and established
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`
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`business presence in this District.
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`PATENTS-IN-SUIT
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`8.
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`GreatGigz Solutions, LLC is the owner, by assignment, of U.S. Patent Nos. 6.662,194 (“the ’194
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`Patent”); 7,490,086 (“the ’086 Patent”); 9,760,864 (“the ’864 Patent”); and 10,096,000 (“the
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`’000 Patent”) (hereinafter collectively referred to as “the GGS Patents”).
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`9.
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`The GGS Patents are valid, enforceable, and were duly issued in full compliance with Title 35 of
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`the United States Code.
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`10.
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`The inventions described and claimed in the GGS Patents were invented by Raymond Anthony
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`Joao.
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`11.
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`12.
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`The GGS Patents each include numerous claims defining distinct inventions.
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`The priority date of each of the GGS Patents is at least as early as July 31, 1999. As of the
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`priority date, the inventions as claimed were novel, non-obvious, unconventional, and non-
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`routine.
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`13.
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`For example, and as evidence of the stated non-routine aspects of the inventions, during
`
`prosecution of the ’864 Patent, the patent examiner considered whether the claims of the ’864
`
`Patent were eligible under 35 USC §101 in view of the United States Supreme Court’s decision
`
`in Alice. The patent examiner affirmatively and expressly found that the claims are in fact patent
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`eligible under 35 USC §101 because all pending claims are directed to patent-eligible subject
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`matter, because none of the pending claims are directed to an abstract idea, and because there
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`would be no preemption of the abstract idea or the field of the abstract idea.
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`14.
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`GreatGigz Solutions, LLC alleges infringement on the part of Defendant of the ’194 Patent, the
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`’086 Patent, the ’864 Patent, and the ’000 Patent (collectively as the “Asserted Patents”).
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`15.
`
`The ’194 Patent relates generally to an apparatus and method for providing recruitment
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`information, including a memory device for Storing information regarding at least one of a job
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`opening, a position, an assignment, a contract, and a project, and information regarding a job
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`search request, a processing device for processing information regarding the job search request
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`upon a detection of an occurrence of a searching event, wherein the processing device utilizes
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`information regarding the at least one of a job opening, a position, an assignment, a contract, and
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`a project, stored in the memory device, and further wherein the processing device generates a
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`message containing information regarding at least one of a job opening, a position, an
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`assignment, a contract, and a project, wherein the message is responsive to the job search
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`request, and a transmitter for transmitting the message to a communication device associated
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`with an individual in real-time. See Abstract, ’194 Patent.
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`16.
`
`The ’086 Patent relates generally to an apparatus, including a memory device which stores
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`information regarding a job opening, position, assignment, contract, or project, and information
`
`regarding a job search request or inquiry, a processing device which processing the information
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`regarding a job search request or inquiry upon an automatic detection of an occurrence of a
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`searching event which is an occurrence of a job posting, a posting of new or revised data or
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`information, a news release of a business event, an employment-related event, an economic
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`report, industry-specific news, an event which creates an to fill a position, or an event which
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`creates an interest to seek a position, and generates a message, containing the information
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`regarding a job opening, position, assignment, contract, or project, responsive to the job search
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`request or inquiry, and a transmitter which transmits the message to a communication device
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`associated with an individual. See Abstract, ’086 Patent.
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`17.
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`The ’864 Patent relates generally to an apparatus, including a memory device for storing work
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`schedule information or scheduling information for an individual, a transmitter for transmitting a
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`job search request to a computer, wherein the computer is specially programmed for processing
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`the job search request, for generating a message containing information regarding a job opening,
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`a position, an assignment, a contract, or a project, and for transmitting the message to the
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`apparatus in response to the job search request; a receiver for receiving the message; and a
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`display for displaying at least some of the information contained in the message. See Abstract,
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`’864 Patent.
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`18.
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`The ’000 Patent relates generally to an apparatus, including a memory which stores work
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`schedule information or scheduling information for an employer, hiring entity, individual,
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`independent contractor, temporary worker, or freelancer; a receiver which receives a first request
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`to obtain work schedule information or scheduling information for the employer, hiring entity,
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`individual, independent contractor, temporary worker, or freelancer, and the first request is
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`received from a first communication device; a processing device, specially programmed for
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`processing information contained in the first request, generates a first message containing the
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`work schedule or scheduling information for the employer, hiring entity, individual, independent
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`contractor, temporary worker, or freelancer; and a transmitter for transmitting the first message
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`to the first communication device or to a second communication device. The apparatus
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`processes information in a second request. Information contained in the second request is based
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`on the work schedule information or the scheduling information contained in the first message.
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`See Abstract, ’000 Patent.
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`19.
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`As noted, the claims of the Asserted Patents claim priority to at least July 31, 1999. At that time,
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`the idea of launching Lyft.com was still several years away.
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`20.
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`The claims of the Asserted Patents are not drawn to laws of nature, natural phenomena, or
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`abstract ideas. Although the systems and methods claimed in the Asserted Patents are ubiquitous
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`now (and, as a result, are widely infringed), the specific combinations of elements, as recited in
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`the claims, was not conventional or routine at the time of the invention.
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`21.
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`Further, the claims of the Asserted Patents contain inventive concepts which transform the
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`underlying non-abstract aspects of the claims into patent-eligible subject matter.
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`22.
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`Consequently, the claims of the Asserted Patents recite systems and methods resulting in
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`improved functionality of the claimed systems and represent technological improvements to the
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`operation of computers.
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`23.
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`The claims of the Asserted Patents overcome deficiencies existing in the art as of the date of
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`invention, and comprise non-conventional approaches that transform the inventions as claimed
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`into substantially more than mere abstract ideas. For example, as of the date of invention, “[j]ob
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`searching activities and recruitment activities typically require efforts in introducing parties to
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`one another, pre-screening the parties prior to, and/or subsequent to, an introduction, acting as an
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`information gathering entity for a party, exchanging information in order to determine if a
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`relationship is appropriate and/or desirable, negotiating a deal, and/or consummating a deal
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`between the respective parties. While individuals and/or employers and/or hiring entities can act
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`on their own behalf during most of the process, one of the parties may typically enlist the efforts
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`of an employment agency or agencies, a recruiter(s), a so-called ‘headhunter(s)’, an employment
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`and/or career consultant(s), a temporary employment agency or agencies, a personal agent(s), a
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`personal manager(s), and/or another intermediary or intermediaries, sometimes at great
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`expense.” ’194 Patent at 1:59-2:6. The inventions as claimed overcome these deficiencies in the
`
`state of the art, and provide substantial cost savings to all parties. As explained, as of the date of
`
`invention, “[t]he enlistment of employment agencies, recruiters, so-called ‘headhunters’,
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`employment and/or career consultants, temporary employment agencies, personal agents,
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`personal managers, and/or other intermediaries, can be costly and can lead to job search efforts
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`and/or recruitment efforts which may be limited in breadth and/or scope by the personal and/or
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`individual contacts, limitations and/or constraints associated with the employment agency,
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`recruiter, so-called ‘headhunter’, employment and/or career consultant, temporary employment
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`agency, personal agent, personal manager, and/or other intermediary.” Id. at 2:7-17. As such,
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`the inventions as claimed provide non-conventional solutions to the conventional problems of the
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`day because the need for a costly middle-man in the process is overcome. Id. at 2:18-24; 6:45-
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`55.
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`24.
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`The inventions as claimed further overcome the deficiencies existing in the art as of the date of
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`invention by removing barriers confronting many at the time. As explained, as of the date of
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`invention, “[j]ob searching efforts and recruitment efforts may be limited by and/or be
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`constrained by limited personal contacts, geographical constraints, monetary constraints, and/or
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`time constraints. Oftentimes, individuals, employers and/or hiring entities, do not have the
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`resources to conduct their own respective job searching efforts or recruitment efforts. The
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`enlistment of employment agencies, recruiters, so-called ‘headhunters’, employment and/or
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`career consultants, temporary employment agencies, personal agents, personal managers, and/or
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`other intermediaries, may not be sufficient to overcome these limitations and/or constraints,
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`particularly,
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`if
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`the respective employment agency or agencies, recruiter(s), so-called
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`‘headhunter(s)’, employment and/or career consultant(s), temporary employment agency or
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`agencies, personal agent(s), personal manager(s) and/or other intermediary or intermediaries, are
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`working with similar limitations and/or constraints.” Id. at 2:26-42. As such, the inventions as
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`claimed provide non-conventional solutions to the conventional problems of the day because the
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`need for extensive personal contacts and geographical proximity are overcome.
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`25.
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`The inventions as claimed further overcome the deficiencies existing in the art as of the date of
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`invention by removing barriers confronting many at the time. As explained, as of the date of
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`invention, “[t]he job search process and/or the recruitment process can typically be rendered
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`more difficult in instances when additional information may be requested by one or by both of
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`the parties concerning a counterpart. This typically results in time delays and/or additional
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`expense to the party having to comply with such a request.” Id. at 2:43-48. As such, the
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`inventions as claimed provide non-conventional solutions to the conventional problems of the
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`day because the need for time-consuming delays is overcome.
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`26.
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`The inventions as claimed further overcome the deficiencies existing in the art as of the date of
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`invention by removing barriers confronting many at the time. As explained, as of the date of
`
`invention, “[j]ob searching efforts and/or recruitment efforts may further be rendered more
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`difficult when the parties are not properly pre-screened, thereby resulting in wasted time and
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`effort, and/or when the parties are not properly informed as to the needs and/or demands of a
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`counterpart. The needs and/or demands can include job description, job needs, project
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`description, assignment description, salary, compensation, and/or other related information. The
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`failure to pre-screen the parties and/or to conduct a dialog and/or initiate interviews and/or
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`discussions when the parties may be so far apart regarding their respective needs, requests and/or
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`expectations, for example, those involving job duties and/or salary, can result in wasted time and
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`effort.” Id. at 2:49-61. As such, the inventions as claimed provide non-conventional solutions to
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`the conventional problems of the day because the associated time and effort are reduced,
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`resulting in more efficient processes and cost savings for all involved.
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`27.
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`The inventions as claimed further overcome the deficiencies existing in the art as of the date of
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`invention by removing barriers confronting many at the time. As explained, as of the date of
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`invention, “[c]onfidentiality is typically another concern in job searching activities and/or in
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`recruitment activities. Individuals, employees, and/or hiring entities may have an interest in,
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`and/or a desire for, maintaining confidentiality during at least some initial stages of any job
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`search and/or recruitment effort. In some instances, once an initial interest is expressed, any
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`confidentiality which may have existed may be lost for the remainder of the process.
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`Sometimes, it may be desirable for an individual, an employer and/or hiring entity, to retain at
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`least some level of confidentiality and/or anonymity further into the job search and/or
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`recruitment process. In this manner, at least some confidentiality and/or anonymity can be
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`preserved, especially if a deal between the parties is not ultimately reached.” Id. at 2:62-3:8. As
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`such, the inventions as claimed provide non-conventional solutions to the conventional problems
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`of the day because the need for confidentiality in the process is enhanced. See id. at 6:59-65.
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`28.
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`As noted above, during prosecution of the ’864 Patent, the patent examiner considered whether
`
`the claims of the ’864 Patent were eligible under 35 USC §101 in view of the United States
`
`Supreme Court’s decision in Alice. The patent examiner expressly found that the claims are in
`
`fact patent eligible under 35 USC §101 because all pending claims are directed to patent-eligible
`
`subject matter, none of the pending claims are directed to an abstract idea, and there would be no
`
`preemption of the abstract idea or the field of the abstract idea. For these same reasons, all of the
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`claims of the Asserted Patents are patent-eligible.
`
`29.
`
`The ’194 Patent was examined by Primary United States Patent Examiner Franz Colby. During
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`the examination of the ’194 Patent, the United States Patent Examiner searched for prior art in
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`the following US Classifications: 705/1, 10, 11, 705/26, 707/104.1, 10, 3, and 103R.
`
`30.
`
`After conducting a search for prior art during the examination of the ’194 Patent, the United
`
`States Patent Examiner identified and cited the following as the most relevant prior art references
`
`found during the search: (i) 5,164,897, 11/1992, Clark et al.; (ii) 5,832,497, 11/1998, Taylor;
`
`(iii) 5,884.270, 3/1999, Walker et al.; (iv) 5,884.272, 3/1999, Walker et al.; (v) 5,978,768,
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`11/1999, McGovern et al.; (vi) 6,324,538, 11/2001, Wesinger, Jr. et al.; (vii) 6,332,125, 12/2001,
`
`Callen et al.; (viii) 6,363,376, 3/2002, Wiens et al.; (ix) 6,370,510, 4/2002, McGovern et al.; (x)
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`6,381,592, 4/2002, Reuning; and (xi) 6,385,620, 5/2002, Kurzius et al.
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`31.
`
`After giving full proper credit to the prior art and having conducted a thorough search for all
`
`relevant art and having fully considered the most relevant art known at the time, the United
`
`States Patent Examiner allowed all of the claims of the ’194 Patent to issue. In so doing, it is
`
`presumed that Examiner Colby used his or her knowledge of the art when examining the claims.
`
`K/S Himpp v. Hear-Wear Techs., LLC, 751 F.3d 1362, 1369 (Fed. Cir. 2014). It is further
`
`presumed that Examiner Colby has experience in the field of the invention, and that the
`
`Examiner properly acted in accordance with a person of ordinary skill. In re Sang Su Lee, 277
`
`F.3d 1338, 1345 (Fed. Cir. 2002).
`
`32.
`
`The ’194 Patent is a pioneering patent, and has been cited as relevant prior art in over 250
`
`subsequent United States Patent Applications, including Applications Assigned to such
`
`technology leaders as Ricoh, Robert Half International, IBM, Yahoo!, Oracle, Amazon, Monster,
`
`and CareerBuilder.
`
`33.
`
`The ’086 Patent was examined by Primary United States Patent Examiner Jean M. Corrielus.
`
`During the examination of the ’086 Patent, the United States Patent Examiner searched for prior
`
`art in the following US Classifications: 707/104.1, 707/3, 10, 103R, 1, 2, 4, 5, 705/1, 10, 11, and
`
`705/26.
`
`34.
`
`After conducting a search for prior art during the examination of the ’086 Patent, the United
`
`States Patent Examiner identified and cited the following as the most relevant prior art references
`
`found during the search: (i) 4,625,081, 11/1986, Lotito et al.; (ii) 5,164,897, 11/1992, Clark et
`
`al.; (iii) 5,978,768, 11/1999, McGovern et al.; (iv) 6,370,510, 4/2002, McGovern et al.; (v)
`
`6,381,592, 4/2002, Reuning; (vi) 6,385,620, 5/2002, Kurzius et al.; (vii) 6,567,784, 5/2003,
`
`Bukow; (viii) 6,662,194, 12/2003, Joao; (ix) 6,873,964, 3/2005, Williams et al.; (x) 7,148,991,
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`12/2006, Suzuki et al.; and (xi) 2003/020531, 6/2003, Parker.
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`35.
`
`After giving full proper credit to the prior art and having conducted a thorough search for all
`
`relevant art and having fully considered the most relevant art known at the time, the United
`
`States Patent Examiner allowed all of the claims of the ’086 Patent to issue. In so doing, it is
`
`presumed that Examiner Corrielus used his or her knowledge of the art when examining the
`
`claims. K/S Himpp v. Hear-Wear Techs., LLC, 751 F.3d 1362, 1369 (Fed. Cir. 2014). It is
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`further presumed that Examiner Corrielus has experience in the field of the invention, and that
`
`the Examiner properly acted in accordance with a person of ordinary skill. In re Sang Su Lee,
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`277 F.3d 1338, 1345 (Fed. Cir. 2002).
`
`36.
`
`The ’086 Patent is a pioneering patent, and has been cited as relevant prior art in over 250
`
`subsequent United States Patent Applications, including Applications Assigned to such
`
`technology leaders as Xerox, Yahoo!, EDS, Microsoft, CareerBuilder, Monster, LinkedIn, and
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`IBM.
`
`37.
`
`The ’864 Patent was examined by Primary United States Patent Examiner Jean M. Corrielus.
`
`During the examination of the ’864 Patent, the United States Patent Examiner searched for prior
`
`art in the following US Classifications: 707/758.
`
`38.
`
`After conducting a search for prior art during the examination of the ’864 Patent, the United
`
`States Patent Examiner identified and cited the following as the most relevant prior art references
`
`found during the search: (i) 5,164,897, 11/1992, Clark; (ii) 5,758,324, 5/1998, Hartman; (iii)
`
`5,832,497, 11/1998, Taylor; (iv) 5,862,223, 1/1999, Walker; (v) 5,884,270, 3/1999, Walker; (vi)
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`5,884,272, 3/1999, Walker; (vii) 5,978,768, 11/1999, McGovern; (viii) 6,157,808, 12/2000,
`
`Hollingsworth; (ix) 6,266,659, 7/2001, Nadkarni; (x) 6,370,510, 4/2002, McGovern; (xi)
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`6.381,592, 4/2002, Reuning; (xii) 6,398,556, 6/2002, Ho; (xiii) 6,408,337, 6/2002, Dietz; (xiv)
`
`6,409,514, 6/2002, Bull; (xv) 6,466,91, 10/2002, Mitsuoka; (xvi) 6,718,340, 4/2004, Hartman;
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`ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT
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`Case 6:20-cv-00651-ADA Document 1 Filed 07/17/20 Page 15 of 34
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`(xvii) 6,873,964, 3/2005, Williams; (xviii) 7,054,821, 5/2006, Rosenthal; (xix) 7,305,347,
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`12/2007, Joao; (xx) 7,523,045, 4/2009, Walker; (xxi) 2001/0042000 Al, 11/2001, Defoor, Jr.;
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`(xxii) 2002/0002476 A1, 1/2002, Mitsuoka; (xxiii) 2002/0152316 A1, 10/2002, Dietz; and (xxiv)
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`2005/0010467 A1, 1/2005, Dietz.
`
`39.
`
`After giving full proper credit to the prior art and having conducted a thorough search for all
`
`relevant art and having fully considered the most relevant art known at the time, the United
`
`States Patent Examiner allowed all of the claims of the ’864 Patent to issue. In so doing, it is
`
`presumed that Examiner Corrielus used his or her knowledge of the art when examining the
`
`claims. K/S Himpp v. Hear-Wear Techs., LLC, 751 F.3d 1362, 1369 (Fed. Cir. 2014). It is
`
`further presumed that Examiner Corrielus has experience in the field of the invention, and that
`
`the Examiner properly acted in accordance with a person of ordinary skill. In re Sang Su Lee,
`
`277 F.3d 1338, 1345 (Fed. Cir. 2002).
`
`40.
`
`The ’864 Patent is a pioneering patent, and has been cited as relevant prior art in over 250
`
`subsequent United States Patent Applications, including Applications Assigned to such
`
`technology leaders as Ricoh, Robert Half International, IBM, Yahoo!, Xerox, Amazon, Monster,
`
`HP, CareerBuilder, Microsoft, LinkedIn, and General Electric.
`
`41.
`
`The ’000 Patent was examined by Primary United States Patent Examiner Jean M. Corrielus.
`
`During the examination of the ’000 Patent, the United States Patent Examiner searched for prior
`
`art across multiple classifications.
`
`42.
`
`After conducting a search for prior art during the examination of the ’000 Patent, the United
`
`States Patent Examiner identified and cited the following as the most relevant prior art references
`
`found during the search: (i) 5,884,272, 3/1999, Walker; (ii) 6,266,659, 7/2001, Nadkarni; (iii)
`
`ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT
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`Case 6:20-cv-00651-ADA Document 1 Filed 07/17/20 Page 16 of 34
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`6,370,510, 4/2002, McGovern; (iv) 6,457,005, 9/2002, Torrey, (v) 7,305,347, 12/2007, Joao; and
`
`(vi) 2002/0120532 A1, 8/2002, McGovern.
`
`43.
`
`After giving full proper credit to the prior art and having conducted a thorough search for all
`
`relevant art and having fully considered the most relevant art known at the time, the United
`
`States Patent Examiner allowed all of the claims of the ’000 Patent to issue. In so doing, it is
`
`presumed that Examiner Corrielus used his or her knowledge of the art when examining the
`
`claims. K/S Himpp v. Hear-Wear Techs., LLC, 751 F.3d 1362, 1369 (Fed. Cir. 2014). It is
`
`further presumed that Examiner Corrielus has experience in the field of the invention, and that
`
`the Examiner properly acted in accordance with a person of ordinary skill. In re Sang Su Lee,
`
`277 F.3d 1338, 1345 (Fed. Cir. 2002).
`
`44.
`
`The ’000 Patent is a pioneering patent, and has been cited as relevant prior art in over 250
`
`subsequent United States Patent Applications, including Applications Assigned to such
`
`technology leaders as Ricoh, Robert Half International, General Electric, IBM, AT&T, HP,
`
`Yahoo!, Xerox, Monster, Amazon, CareerBuilder, Microsoft, Oracle, and LinkedIn.
`
`45.
`
`The claims of the Asserted Patents were all properly issued, and are valid and enforceable for the
`
`respective terms of their statutory life through expiration, and are enforceable for purposes of
`
`seeking damages for past infringement even post-expiration. See, e.g., Genetics Institute, LLC v.
`
`Novartis Vaccines and Diagnostics, Inc., 655 F.3d 1291, 1299 (Fed. Cir. 2011) (“[A]n expired
`
`patent is not viewed as having ‘never existed.’ Much to the contrary, a patent does have value
`
`beyond its expiration date. For example, an expired patent may form the basis of an action for
`
`past damages subject to the six-year limitation under 35 U.S.C. § 286”) (internal citations
`
`omitted).
`
`ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT
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`Case 6:20-cv-00651-ADA Document 1 Filed 07/17/20 Page 17 of 34
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`THE ACCUSED INSTRUMENTALITIES
`
`On information and belief, Defendant makes, sells, advertises, offers for sale, uses, or otherwise
`
`46.
`
`provides the Lyft website and its ancillary sites, including its various Mobile Applications
`
`(including Lyft for Riders and Lyft Driver), in the United States. The Lyft apparatus comprises
`
`servers, hardware, software, and a collection of related and/or linked web pages and Mobile
`
`Applications for providing job search and/or recruitment services to individuals (including riders,
`
`job seekers, contractors, and employers) in the United States. The Lyft system comprises an
`
`apparatus with multiple interconnected infrastructures that infringe the Asserted Patents. The
`
`public-facing aspect of the Lyft apparatus is the Lyft website, which is available at
`
`www.lyft.com, together with the associated Lyft Mobile Applications for Riders and Drivers,
`
`respectively. Collectively, all of the foregoing comprises the “Accused Instrumentalities.”
`
`COUNT I
`Infringement of U.S. Patent No. 6,662,194
`
`Plaintiff incorporates the above paragraphs by reference.
`
`Defendant has been on actual notice of the ’194 Patent at least as early as the date it received
`
`service of this Original Complaint.
`
`47.
`
`48.
`
`49.
`
`On information and belief, Defendant owns and controls the operation of the Accused
`
`Instrumentalities and generates substantial financial revenues therefrom.
`
`50.
`
`On information and belief, Defendant has directly infringed and continues to directly infringe at
`
`least Claim 1 of the ’194 Patent by making, using, importing, selling, and/or, offering for sale the
`
`Accused Instrumentalities.
`
`51.
`
`The Accused Instrumentalities comprise an apparatus for providing recruitment information.
`
`The infringing apparatus comprises servers, hardware, software, and a collection of related
`
`and/or linked web pages and mobile applications for providing recruitment information and
`
`ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT
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`Case 6:20-cv-00651-ADA Document 1 Filed 07/17/20 Page 18 of 34
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`services to individuals (including riders, job seekers, contractors, and employers) in the United
`
`States. The apparatus comprises a memory device, a processing device, and a transmitter. On
`
`information and belief, the Accused Instrumentalities comprise an apparatus built on the Amazon
`
`Web Services Platform, which is itself comprised of a multitude of components including the
`
`Lyft Multimodal Platform, Backend Platform Systems, Financial Applications, and the Lyft
`
`Website. Further on information and belief, the Lyft Platform relies on the Amazon DynamoDB,
`
`which is a database for delivering high performance at scale. Still further, o