Case 6:21-cv-00321 Document 1 Filed 04/01/21 Page 1 of 8
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`Civil Action No. 21-321
`
`DEMAND FOR JURY TRIAL
`
`))))))))
`
`Q TECHNOLOGIES, INC.,
`
`Plaintiff,
`
`v.
`
`NEUTRON HOLDINGS, INC. D/B/A LIME,
`
`Defendant.
`
`PLAINTIFF’S ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT
`
`Plaintiff Q Technologies, Inc. (“Q Technologies”), files this its Original Complaint for
`
`Patent Infringement against Defendant Neutron Holdings, Inc. d/b/a Lime (“Lime”) and states as
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`follows:
`
`THE PARTIES
`
`1.
`
`Plaintiff Q Technologies is a corporation organized and existing under the laws of
`
`the State of Delaware, having its principal place of business at 1054 Devine Circle, Brookhaven,
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`GA, 30319.
`
`2.
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`Q Technologies is informed and believes, and thereon alleges, that Defendant
`
`Lime is a corporation organized and existing under the laws of the State of Delaware, having a
`
`place of business at 85 2nd Street, 1st Floor, San Francisco, CA 94105. Defendant can be served
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`by serving its registered agent CT Corporation System at 1999 Bryan Street, Ste. 900, Dallas,
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`Texas 75201 or wherever else an officer of Defendant may be found.
`
`JURISDICTION AND VENUE
`
`3.
`
`This is an action for patent infringement arising under the patent laws of the
`
`United States, Title 35 of the United States Code.
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`Civil Action No. 21-321
`
`DEMAND FOR JURY TRIAL
`
`))))))))
`
`Q TECHNOLOGIES, INC.,
`
`Plaintiff,
`
`v.
`
`NEUTRON HOLDINGS, INC. D/B/A LIME,
`
`Defendant.
`
`PLAINTIFF’S ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT
`
`Plaintiff Q Technologies, Inc. (“Q Technologies”), files this its Original Complaint for
`
`Patent Infringement against Defendant Neutron Holdings, Inc. d/b/a Lime (“Lime”) and states as
`
`follows:
`
`THE PARTIES
`
`1.
`
`Plaintiff Q Technologies is a corporation organized and existing under the laws of
`
`the State of Delaware, having its principal place of business at 1054 Devine Circle, Brookhaven,
`
`GA, 30319.
`
`2.
`
`Q Technologies is informed and believes, and thereon alleges, that Defendant
`
`Lime is a corporation organized and existing under the laws of the State of Delaware, having a
`
`place of business at 85 2nd Street, 1st Floor, San Francisco, CA 94105. Defendant can be served
`
`by serving its registered agent CT Corporation System at 1999 Bryan Street, Ste. 900, Dallas,
`
`Texas 75201 or wherever else an officer of Defendant may be found.
`
`JURISDICTION AND VENUE
`
`3.
`
`This is an action for patent infringement arising under the patent laws of the
`
`United States, Title 35 of the United States Code.
`
`
`
`Case 6:21-cv-00321 Document 1 Filed 04/01/21 Page 2 of 8
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`4.
`
`This Court has subject matter jurisdiction over this action pursuant to 28 U.S.C.
`
`§§ 1331 and 1338, as it arises under the patent laws of the United States.
`
`5.
`
`This Court has personal jurisdiction over Defendant because Defendant maintains
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`a place of business within this judicial district and has a continuous, systematic, and substantial
`
`presence within this judicial district including by offering for sale and selling infringing products
`
`and services in this judicial district, and by committing acts of patent infringement in this judicial
`
`district, including but not limited to offering and selling directly to customers and consumers in
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`this district a scooter rental service that infringes the asserted patents, which acts form a
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`substantial part of the events giving rise to this action.
`
`6.
`
`Venue is proper in this judicial district under 28 U.S.C. § 1400(b) because
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`Defendant has committed acts of patent infringement in this District, has employees who work in
`
`the District, and has a regular and established place of business in this district.
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`GENERAL ALLEGATIONS
`
`7.
`
`Q Technologies develops innovative cloud-computing based solutions across
`
`various industries.
`
`8.
`
`On April 25, 2017, the United States Patent and Trademark Office duly and
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`lawfully issued U.S. Patent No. 9,635,108 (“the ’108 patent”), entitled “Systems and Methods
`
`for Content Sharing Using Uniquely Generated Idenifiers.” Q Technologies is the owner by
`
`assignment of all right, title, and interest in the ’108 patent. A true and correct copy of the ’108
`
`patent is attached hereto as Exhibit A.
`
`9.
`
`On February 18, 2020, the United States Patent and Trademark Office duly and
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`lawfully issued U.S. Patent No. 10,567,473 (“the ’473 patent”), entitled “Systems and Methods
`
`for Content Sharing Using Uniquely Generated Idenifiers.” Q Technologies is the owner by
`
`2
`
`
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`Case 6:21-cv-00321 Document 1 Filed 04/01/21 Page 3 of 8
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`assignment of all right, title, and interest in the ’473 patent. A true and correct copy of the ’473
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`patent is attached hereto as Exhibit B.
`
`10.
`
`On March 17, 2020, the United States Patent and Trademark Office duly and
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`lawfully issued U.S. Patent No. 10,594,774 (“the ’774 patent”), entitled “Systems and Methods
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`for Content Sharing Using Uniquely Generated Idenifiers.” Q Technologies is the owner by
`
`assignment of all right, title, and interest in the ’774 patent. A true and correct copy of the ’774
`
`patent is attached hereto as Exhibit C.
`
`11.
`
`The ’108 patent, the ’473 patent, and the ’774 patent are referred to collectively
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`herein as the “Asserted Patents.”
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`12.
`
`Q Technologies provided Lime with actual notice of the ’108 patent in a cease
`
`and desist letter dated April 17, 2019.
`
`13.
`
`Q Technologies provided Lime with actual notice of the ’473 patent in a cease
`
`and desist letter dated February 20, 2020.
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`14.
`
`Q Technologies provided Lime with actual notice of the ’774 patent in a cease
`
`and desist letter dated March 16, 2020.
`
`15.
`
`Lime makes, uses, sells, and offers to sell in the United States products and
`
`services, including Lime’s scooter sharing platform and mobile application that incorporate the
`
`“Scan to Unlock” feature, that infringe Q Technologies’ Asserted Patents.
`
`FIRST CLAIM FOR RELIEF
`(INFRINGEMENT OF U.S. PATENT NO. 9,635,108)
`
`16.
`
`Plaintiff realleges and incorporates herein by reference the allegations stated in
`
`paragraphs 1–15 of this Complaint as if set forth fully herein.
`
`17.
`
`This cause of action arises under the patent laws of the United States and, in
`
`particular, under 35 U.S.C. §§ 271, et seq.
`
`3
`
`
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`Case 6:21-cv-00321 Document 1 Filed 04/01/21 Page 4 of 8
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`18.
`
`Q Technologies is the owner by assignment of the ’108 patent with sole rights to
`
`enforce the ’108 patent and sue infringers.
`
`19.
`
`The ’108 patent is valid, enforceable, and was duly issued in full compliance with
`
`Title 35 of the U.S. Code.
`
`20.
`
`Defendant through its agents, employees and/or servants, has infringed and
`
`continues to infringe literally and/or under the doctrine of equivalents one or more claims,
`
`including at least claims 1, 2, 4, 7, 10, 11, 13, and 16, of the ’108 patent by making, using,
`
`selling, and offering its scooter sharing services and mobile application that use the methods and
`
`systems claimed in the ’108 patent. Exhibit D includes a chart comparing Defendant’s scooter
`
`sharing platform and mobile application to an exemplary claim, claim 1, of the ’108 patent.
`
`21.
`
`Defendant has infringed the ’108 patent without permission or license from Q
`
`Technologies, and continues to infringe the ’108 patent in violation of 35 U.S.C. § 271.
`
`22.
`
`Upon information and belief, the Defendant’s infringement of ’108 patent is, and
`
`has been, willful, deliberate, and intentional by committing these acts of infringement with
`
`knowledge of ’108 patent and thus, acting in reckless disregard of Q Technologies’ patent rights.
`
`23.
`
`Defendant’s actions complained of herein will continue unless Defendant is
`
`enjoined by this Court.
`
`24.
`
`Defendant’s actions complained of herein are causing irreparable harm and
`
`monetary damage to Q Technologies and will continue to do so unless Defendant’s infringement
`
`is enjoined and restrained by this Court.
`
`SECOND CLAIM FOR RELIEF
`(INFRINGEMENT OF U.S. PATENT NO. 10,567,473)
`
`25.
`
`Plaintiff realleges and incorporates herein by reference the allegations stated in
`
`paragraphs 1–24 of this Complaint as if set forth fully herein.
`
`4
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`Case 6:21-cv-00321 Document 1 Filed 04/01/21 Page 5 of 8
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`26.
`
`This cause of action arises under the patent laws of the United States and, in
`
`particular, under 35 U.S.C. §§ 271, et seq.
`
`27.
`
`Q Technologies is the owner by assignment of the ’473 patent with sole rights to
`
`enforce the ’473 patent and sue infringers.
`
`28.
`
`The ’473 patent is valid, enforceable, and was duly issued in full compliance with
`
`Title 35 of the U.S. Code.
`
`29.
`
`Defendant through its agents, employees and/or servants, has infringed and
`
`continues to infringe literally and/or under the doctrine of equivalents one or more claims,
`
`including at least claims 14-16 and 19-28 of the ’473 patent by making, using, selling, and
`
`offering its scooter sharing services and mobile application that use the methods and systems
`
`claimed in the ’108 patent. Exhibit E includes a chart comparing Defendant’s scooter sharing
`
`platform and mobile application to an exemplary claim, claim 14, of the ’473 patent.
`
`30.
`
`Defendant has infringed the ’473 patent without permission or license from Q
`
`Technologies, and continues to infringe the ’473 patent in violation of 35 U.S.C. § 271.
`
`31.
`
`Upon information and belief, the Defendant’s infringement of ’473 patent is, and
`
`has been, willful, deliberate, and intentional by committing these acts of infringement with
`
`knowledge of ’473 patent and thus, acting in reckless disregard of Q Technologies’ patent rights.
`
`32.
`
`Defendant’s actions complained of herein will continue unless Defendant is
`
`enjoined by this Court.
`
`33.
`
`Defendant’s actions complained of herein are causing irreparable harm and
`
`monetary damage to Q Technologies and will continue to do so unless Defendant’s infringement
`
`is enjoined and restrained by this Court.
`
`5
`
`
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`Case 6:21-cv-00321 Document 1 Filed 04/01/21 Page 6 of 8
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`THIRD CLAIM FOR RELIEF
`(INFRINGEMENT OF U.S. PATENT NO. 10,594,774)
`
`34.
`
`Plaintiff realleges and incorporates herein by reference the allegations stated in
`
`paragraphs 1–33 of this Complaint as if set forth fully herein.
`
`35.
`
`This cause of action arises under the patent laws of the United States and, in
`
`particular, under 35 U.S.C. §§ 271, et seq.
`
`36.
`
`Q Technologies is the owner by assignment of the ’774 patent with sole rights to
`
`enforce the ’774 patent and sue infringers.
`
`37.
`
`The ’774 patent is valid, enforceable, and was duly issued in full compliance with
`
`Title 35 of the U.S. Code.
`
`38.
`
`Defendant through its agents, employees and/or servants, has infringed and
`
`continues to infringe literally and/or under the doctrine of equivalents one or more claims,
`
`including at least claims 1-3, 5-23 of the ’774 patent by making, using, selling, and offering its
`
`scooter sharing services and mobile application that use the methods and systems claimed in the
`
`’774 patent. Exhibit F includes a chart comparing Defendant’s scooter sharing platform and
`
`mobile application to an exemplary claim, claim 1, of the ’774 patent.
`
`39.
`
`Defendant has infringed the ’774 patent without permission or license from Q
`
`Technologies, and continues to infringe the ’774 patent in violation of 35 U.S.C. § 271.
`
`40.
`
`Upon information and belief, the Defendant’s infringement of ’774 patent is, and
`
`has been, willful, deliberate, and intentional by committing these acts of infringement with
`
`knowledge of ’774 patent and thus, acting in reckless disregard of Q Technologies’ patent rights.
`
`41.
`
`Defendant’s actions complained of herein will continue unless Defendant is
`
`enjoined by this Court.
`
`6
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`Case 6:21-cv-00321 Document 1 Filed 04/01/21 Page 7 of 8
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`42.
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`Defendant’s actions complained of herein are causing irreparable harm and
`
`monetary damage to Q Technologies and will continue to do so unless Defendant’s infringement
`
`is enjoined and restrained by this Court.
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`PRAYER FOR RELIEF
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`WHEREFORE, Q Technologies prays for judgment in its favor and against Defendant,
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`including but not limited to, the following relief:
`
`1.
`
`An Order adjudging Defendant to have willfully infringed each of the Asserted
`
`Patents under 35 U.S.C. § 271;
`
`2.
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`A preliminary and permanent injunction enjoining Defendant, its respective
`
`officers, directors, agents, servants, employees and attorneys, and those persons in active concert
`
`or participation with Defendant, from infringing each of the Asserted Patents in violation of
`
`35 U.S.C. § 271;
`
`3.
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`An Order requiring Defendant to account for all gains, profits, and advantages
`
`derived by Defendant’s infringement of the each of the Asserted Patents in violation of 35 U.S.C.
`
`§ 271, and requiring Defendant to pay to Q Technologies all damages suffered by Q
`
`Technologies and at least a reasonable royalty;
`
`4.
`
`An Order of treble damages because of Defendant’s willful infringement of the
`
`Asserted Patents pursuant to 35 U.S.C. § 284;
`
`5.
`
`6.
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`An Order adjudging that this is an exceptional case;
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`An award to Q Technologies of the attorneys’ fees and costs incurred by Q
`
`Technologies in connection with this action pursuant to 35 U.S.C. § 285;
`
`7.
`
`8.
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`An award of pre-judgment and post-judgment interest against Defendant; and
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`Such other and further relief as this Court may deem just and proper.
`
`7
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`
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`Case 6:21-cv-00321 Document 1 Filed 04/01/21 Page 8 of 8
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`JURY DEMAND
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`Pursuant to Fed. R. Civ. P. 38(b), Plaintiff Q Technologies demands a trial by jury of all
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`issues raised by this Original Complaint that are triable by jury.
`
`/s/ Bruce Morris________________
`Bruce C. Morris
`Texas State Bar No. 14469850
`bmorris@krcl.com
`Demetri J. Economou
`Texas State Bar No. 24078461
`KANE RUSSELL COLEMAN LOGAN PC
`5051 Westheimer Road, 10th Floor
`Houston, TX 77056
`Telephone: (713) 425-7450
`Facsimile: (713) 425-7700
`
`Attorneys for Plaintiff Q Technologies Inc.
`
`OF COUNSEL:
`
`Michael K. Friedland*
`Lauren Keller Katzenellenbogen*
`KNOBBE MARTENS OLSON & BEAR LLP
`2040 Main Street, 14th Floor
`Irvine, CA 92614
`Telephone: (949) 760-0404
`Facsimile: (949) 760-9502
`
`* Pro Hac Vice motions to be filed with the Court.
`
`34279887
`
`8
`
`
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