Welcome to Scribd, the world's digital library. Read, publish, and share books and documents. See more
Download
Standard view
Full view
of .
Look up keyword
Like this
1Activity
0 of .
Results for:
No results containing your search query
P. 1
Vehicle IP, LLC v. Werner Enterprises, Inc., C.A. No. 10-503-SLR (D. Del. Sept. 9, 2013).

Vehicle IP, LLC v. Werner Enterprises, Inc., C.A. No. 10-503-SLR (D. Del. Sept. 9, 2013).

Ratings: (0)|Views: 98|Likes:
Published by YCSTBlog
Vehicle IP, LLC v. Werner Enterprises, Inc., C.A. No. 10-503-SLR (D. Del. Sept. 9, 2013).
Vehicle IP, LLC v. Werner Enterprises, Inc., C.A. No. 10-503-SLR (D. Del. Sept. 9, 2013).

More info:

Published by: YCSTBlog on Sep 16, 2013
Copyright:Attribution Non-commercial

Availability:

Read on Scribd mobile: iPhone, iPad and Android.
download as PDF, TXT or read online from Scribd
See more
See less

02/13/2014

pdf

text

original

 
IN
THE
UNITED STATES DISTRICT
COURTFOR THE
DISTRICT OF
DELAWARE
VEHICLE IP, LLC,Plaintiff,
v.
)
))
)
) Civ. No. 10-503-SLR)
WERNER
ENTERPRISES, INC.,
)
)Defendant. )
Thomas
L.
Halkowski, Esquire, and Martina Tyreus Hufnal, Esquire
of
Fish
&
Richardson P.C., Wilmington, Delaware. Counsel
for
Plaintiff.
Of
Counsel: Michael
J.
Kane, Esquire, William
R.
Woodford, Esquire, Jason
M.
Zucchi, Esquire, Geoffrey
D.
Biegler, Esquire, and John C. Adkisson, Esquire
of
Fish
&
Richardson P.C.Christopher
A.
Ward, Esquire, and Shanti
M.
Katona, Esquire
of
Polsinelli PC,Wilmington, Delaware. Counsel
for
Defendant.
Of
Counsel:
RussellS.
Jones, Jr.,Esquire, Keith
J.
Grady, Esquire, John
M.
Challis, Esquire, and
Jay
E.
Heidrick, Esquire
of
Polsinelli PC.Dated: September
9,
2013Wilmington, Delaware
MEMORANDUM OPINION
 
I.
INTRODUCTION
Plaintiff Vehicle IP, LLC ("VIP") filed this patent infringement suit againstdefendant Werner Enterprises, Inc. ("Werner") on June
9,
2010, alleging infringement
of
U.S. Patent No. 5,694,322 ("the '322 patent").
1
The '322 patent relates to a methodand apparatus for determining taxes
on
vehicles traveling through taxing jurisdictions.Twelve dependent claims are at issue: claims
7,
29, 30, 34, 38, 51, 130, 135, 140, 141,174, and 175 (the "asserted claims"). (See
0.1.
107,
ex.
2 at 3)Currently before the court are claim construction and various summary judgmentmotions. VIP has moved for partial summary judgment
of
infringement
of
claims 29 and34
(0.1.
112), and Werner has moved for summary judgment
of
non-infringement
of
allasserted claims
(0.1.
105). Regarding validity, Werner has moved for summaryjudgment
of
invalidity
of
all asserted claims
(0.1.
108), while VIP has moved for partialsummary judgment that certain systems and methods are not prior art (D.
I.
114). A
Markman
hearing and oral argument were held on August
1,
2013. The court hasjurisdiction over these matters pursuant to 28 U.S.C.
§
1338.
II.
BACKGROUND
A.
The Parties
Plaintiff VIP
is
a Delaware limited liability corporation with its principal place
of
business
in
Memphis, Tennessee.
(D.
I.
78 at
111)
It
is
wholly-owned by Vehicle Safety
1
The original complaint also accused Wai-Mart Stores, Inc. and Wai-MartTransportation, LLC (collectively, "Wai-Mart")
of
infringing the '322 patent, as well as acontinuation
of
that patent, U.S. Patent No. 5,970,481.
(0.1.
1;
0.1.
18) Wai-Mart hassince licensed VIP's technology. (D.
I.
76)
 
& Compliance, LLC, which
is
a transportation technology company.
(/d.)
Defendant Werner
is
a Nebraska corporation with its principal place
of
business
in
Omaha, Nebraska.
(/d.
at~
2) It is a trucking and logistics provider that operatesover 7000 tractor-trailers nationwide. (D.I. 105 at
1;
D.l. 113 at 17; D.l. 117, ex. 9 at24:4-5)
B.
Technology Overview
Many users
of
mobile positioning technology, particularly those operatingcommercial vehicles, must determine the tax owed to taxing regions through which theirvehicles travel. ('322 patent, col. 1:18-21) For example, the International Fuel TaxAgreement ("IFTA") was formed by several states to address the problem caused bydifferences
in
the amount
of
fuel tax charged by various states when drivers
of
longhaul trucks purchase fuel
in
one state and consume a significant portion
in
a differentstate. (D.I. 105 at
2;
D.l. 113 at 3-4) Under IFTA, trucking companies are required tofile quarterly reports that indicate the fuel taxes owed to
or
refunds due from eachtaxing jurisdiction. (D.
I.
105 at
2;
D.
I.
113 at 4) The taxes are then allocated among thejurisdictions where the fuel was consumed. (D.
I.
113 at 4) Almost every state andCanadian province has implemented IFTA. (D.I. 105 at
2;
D.l. 113 at 4)Previously, the determination
of
tax was done by hand, "based upon manualreporting and charting
of
vehicle positions, or recreation
of
the miles traveled
in
taxingregions after a trip." ('322 patent, 1 21-24) Such manual reporting had the drawbacks
of
being time-consuming and often inaccurate.
(/d.,
col. 1 24-29) As a result, therearose a need
in
the mid-1990s for a system that allowed users
of
mobile positioning
2

You're Reading a Free Preview

Download
scribd
/*********** DO NOT ALTER ANYTHING BELOW THIS LINE ! ************/ var s_code=s.t();if(s_code)document.write(s_code)//-->