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ArrivalStar et. al. v. S & A Distribution

ArrivalStar et. al. v. S & A Distribution

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Published by PriorSmart
Official Complaint for Patent Infringement in Civil Action No. 1:13-cv-20651-JEM: ArrivalStar S.A. et. al. v. S & A Distribution, Inc. Filed in U.S. District Court for the Southern District of Florida, the Hon. Jose E. Martinez presiding. See http://news.priorsmart.com/-l7Ht for more info.
Official Complaint for Patent Infringement in Civil Action No. 1:13-cv-20651-JEM: ArrivalStar S.A. et. al. v. S & A Distribution, Inc. Filed in U.S. District Court for the Southern District of Florida, the Hon. Jose E. Martinez presiding. See http://news.priorsmart.com/-l7Ht for more info.

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Published by: PriorSmart on Feb 22, 2013
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02/22/2013

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IN THE UNITED STATES DISTRICT COURTFOR THE SOUTHERN DISTRICT OF FLORIDAMIAMI DIVISIONCase No. ________
ARRIVALSTAR S.A. and MELVINO TECHNOLOGIES LIMITED,Plaintiffs,vs.S & A DISTRIBUTION, INC.,
DEMAND FOR JURY TRIAL
Defendant.
 ________________________________/COMPLAINT FOR PATENT INFRINGEMENT
Plaintiffs, ArrivalStar S.A. and Melvino Technologies Limited (collectively “Plaintiffs”),by and through their undersigned counsel, hereby sue S & A DISTRIBUTION, INC. (“GEOX),for patent infringement, and in support, allege as follows:1.
 
 This is an action for patent infringement of United States Patent Numbers:
NATURE OF THE LAWSUIT
6,952,645; 7,400,970; and, 6,904,359, arising under the patent laws of the United States, Title 35of the United States Code.2.
 
 This Court has subject matter jurisdiction pursuant to 28 U.S.C. § 1331; 28 U.S.C.
 JURISDICTION, VENUE AND THE PARTIES
§ 1338; and 35 U.S.C. § 271.3. This Court has personal jurisdiction over GEOX pursuant to,
inter alia
, Florida’slong-arm statute, § 48.193, in that GEOX: (a) operates, conducts, engages in, and/or carries on abusiness or business adventure(s) in Florida and/or has an office or agency in Florida; (b) hascommitted one or more tortious acts within Florida; (c) was and/or is engaged in substantial and
 
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not isolated activity within Florida; and/or (d) has purposely availed itself of Florida’s laws,services and/or other benefits and therefore should reasonably anticipate being hailed into one ormore of the Courts within the State of Florida.4. Venue is proper in this Court pursuant to 28 U.S.C. § 1391 and 28 U.S.C. § 1400.5. ArrivalStar S.A. is a corporation organized under the laws of Luxembourg, havingoffices located at 67 Rue Michel, Welter L-2730, Luxembourg. ArrivalStar is the authorizedlicensee of the patents alleged as being infringed in this lawsuit, with the right to sub-license thepatents at issue.
 THE PLAINTIFFS
6. Melvino Technologies Limited is a corporation organized under the laws of theBritish Virgin Islands of Tortola, having offices located at P.O. Box 3174, Palm Chambers, 197Main Street, Road Town, Tortola, British Virgin Islands. Melvino owns all rights, title andinterests in the patents alleged as being infringed in this lawsuit.7. Defendant GEOX is a Delaware Corporation with a principal place of businesslocated at 29 West 34th Street, 3rd Floor, New York, New York 10001. GEOX has stores andoffice located throughout Florida, including, but not limited to, Aventura, Sunrise and Orlando toname a few. GEOX is also specifically authorized to transact business in the State of Florida andhas a Registered Agent located in Tallahassee. Thus, GEOX does and has had substantial,systematic and continuous business transactions in Florida, and has, as is readily apparent, at aminimum, offered to provide and/or has provided to customers specifically within this JudicialDistrict and throughout the State of Florida services and/or products that infringe claims of the359, 645, and ‘970 patents.
 THE DEFENDANT
 
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8. Plaintiffs own all right, title and interest in, and/or have standing to sue forinfringement of United States Patent Number 6,952,645 (“the ‘645 patent”), entitled “Systemand Method for Activation of an Advance Notification System for Monitoring and ReportingStatus of Vehicle Travel”, issued October 4, 2005. A copy of the ‘645 patent is attached heretoas Exhibit 1.
 THE PLAINTIFFS’ PATENTS
9. Plaintiffs own all right, title and interest in, and/or have standing to sue forinfringement of United States Patent Number 7,400,970 (“the ‘970 patent”), entitled “Systemand Method for an Advance Notification System for Monitoring and Reporting Proximity of aVehicle”, issued July 15, 2008. A copy of the 970 patent is attached hereto as Exhibit 2.10. Plaintiffs own all right, title and interest in, and/or have standing to sue forinfringement of United States Patent Number 6,904,359 (“the 359 patent”), entitled“Notification System and Methods with User-Defineable Notifications Based Upon Occurrenceof Events”, issued June 7, 2005. A copy of the 359 patent is attached hereto as Exhibit 3.11. The 359 patent referenced in Paragraph 10 above was the subject of an InterPartes reexamination at the United States Patent and Trademark Office. A ReexaminationCertificate was issued on May 25, 2010 and is attached hereto as Exhibit 4.
COUNT I
12. Plaintiffs hereby incorporate Paragraphs 1 through 11 set forth above as if fullyset forth herein.
DIRECT PATENT INFRINGEMENT
13. Pursuant to 35 U.S.C. § 271(a), GEOX has directly infringed claims of the 359,645, and ‘970 patents through, among other activities, products, programs, applications,functions, systems and methods, the use of tracking and notification technologies within its

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