UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA PICTOMETRY INTERNATIONAL CORPORATION, a Delaware Corporation, Plaintiff, v.

GEOSPAN CORPORATION, a Minnesota Corporation Defendant.

Case No. _______________________ JURY TRIAL DEMANDED

COMPLAINT FOR PATENT INFRINGEMENT Plaintiff, Pictometry International Corp. (Pictometry), by and through its counsel, brings this complaint against Geospan Corp. (Geospan), as follows: PARTIES 1. Pictometry is a Delaware corporation which has its principal place of business in

Rochester, New York. 2. Geospan is a Minnesota Corporation which has its principal place of business

located at 10900 73rd Ave. North, Suite 36, Maple Grove, Minnesota. JURISDICTION AND VENUE 3. 4. Pictometry incorporates each of its previous allegations. This is a civil action for patent infringement under the patent laws of the United

States and, more specifically, under Title 35 U.S.C. 271, 281, 283, 284, and 285.

5.

This action involves a federal question in that it arises from Geospans

infringement of Pictometrys patent rights, and jurisdiction over the present subject matter is conferred upon this Court pursuant to 28 U.S.C. 1331 and 1338(a). 6. This Court has general personal jurisdiction over Geospan in this action as it is

registered in, and maintains a principal place of business within, the State of Minnesota. 7. (c). BACKGROUND 8. Since its inception in 1995, Pictometrys business has been devoted entirely to Venue is proper in this District pursuant to 28 U.S.C. 1400, and 1391(b) and

aerial photogrammetry.1 Using its proprietary methods and apparatuses, Pictometrys aircraft fly over a specified geographic area and, using digital cameras, capture orthogonal and oblique images of virtually every square foot of the area, including every structure or other feature contained therein. Pictometry pioneered the ability to capture oblique aerial images, i.e., images captured at an angle, typically 45 degrees, and process them on the fly such that the geographic coordinates (longitude, latitude, and elevation) of each pixel in each image was calculated at moment the oblique aerial image was captured. The apparatuses and processes developed by Pictometry enable the creation of a photographic map on which accurate measurements of distances, areas, and heights of features shown in the images can be made. 9. United States Patent 7,424,133 (the 133 Patent), entitled METHOD AND

APPARATUS FOR CAPTURING, GEOLOCATING AND MEASURING OBLIQUE IMAGES, issued September 9, 2008. A copy of the 133 Patent is attached hereto as Exhibit 1. 10. Pictometry is the owner by assignment of the 133 Patent.

Photogrammetry is the science of making measurements on photographs.

11.

As a part of its on-going efforts to lead the field in aerial photogrammetry,

Pictometry has expended considerable amounts of time, expertise, and money on the research and development, patenting, marketing, promotion, manufacture, and distribution of its oblique aerial technologies. As result of such efforts, Pictometry has developed new and more advanced methods and apparatuses that enable users to, inter alia, display, geolocate, and take highly measurements from the captured and processed oblique aerial images; technologies which are encompassed in the claims of the 133 Patent. 12. Since its inception in 1994, Geospans business has been devoted primarily to the

use of terrestrial photogrammetry. Geospan uses ground-based vehicles, such as vans, to carry photographic and computer equipment, along with sophisticated tracking systems. Geospan acquires video images of the areas adjacent to the streets driven by the vans and processes such images so that the location of objects appearing in the images can be determined. More recently, Geospan has expanded its business into aerial photogrammetry. 13. Geospan maintains a website at www.geospan.com. A true and correct copy of

excerpts from Geospans website as accessed and printed August 27, 2013, are attached hereto as Exhibit 2. 14. As shown on Geospans website, Geospan offers technology that enables a user to

make measurements on oblique aerial images stored on a database. Geospan markets this technology as a part of its GEOVISTA Products and Services. (Ex. 2, pp. 1-3) 15. The photogrammetric services described and depicted on Geospans website

infringe one or more claims of the 133 Patent. 16. Sometime prior to January 19, 2011, the City of Branson, Missouri issued a

Request For Proposal (RFP) for Digital Orthophotography, Oblique Imagery, & Digital

Topographic Mapping. On January 19, 2011, Aerowest Optimal, Inc. (Aerowest) submitted a response to this RFP. A true and correct copy of the response is attached as Exhibit 3, hereto. In its response to the RFP, Aerowest identified Geospan as a subcontractor for the collection and processing of oblique aerial imagery. Geospan represented that GEOVISTA imagery allows users to see every location from every angle in a given area and measure anything accurately. (Ex. 3, p. 1-3) (emphasis in bold and underlining added). Also in the response, Geospan offered to provide its Oblique Imagery Viewing Software to the City of Branson at $ NO ADDITIONAL CHARGE. Geospan stated that [t]his software will allow the user to view and navigate on the oblique imagery and measure the distance, height, area, bearing, elevation, and roof pitch of features in the images. (Id. at p. 1-12) 17. Geospan has contributed to the infringement and/or induced others to infringe one

or more claims of the 133 Patent. 18. Upon information and belief, Geospan is unable to pay any damages awarded

against it. Attached as Exhibit 4 hereto is a true and correct copy of an opinion issued by the Minnesota Court of Appeals, case no. A12-0779, entitled Paul A. Torretta v. Theodore Lachinski, et al. In affirming a judgment against Geospan brought by a minority shareholder and former director of Geospan, the Minnesota Court of Appeals, quoting the findings of the district court, stated the unfortunate truth is that the GeoSpan companies2 have never made money and continue to lose money each year. (Ex. 4, p. 5)

The GeoSpan companies refers to Geospan and GeoSpan.com, which was incorporated as a spin-off of Geospan. (Ex. C, p. 3)
2

FIRST CAUSE OF ACTION Infringement of United States Patent No. 7,424,133 19. Pictometry alleges and incorporates the foregoing paragraphs numbered 1 through

18 as though fully set forth herein. 20. 21. 22. This cause of action for patent infringement arises under 35 U.S.C. 271. Pictometry owns all rights, title, and interest in the 133 Patent. Upon information and belief, Geospan has directly infringed, and is continuing to

directly infringe, either literally or under the Doctrine of Equivalents, the 133 Patent by making, using, selling, and/or offering to sell its GEOVISTA 3D Spatial Imaging system. 23. Geospan has induced and/or contributed to infringement of the 133 Patent and is

continuing to induce and/or contribute to infringement of the 133 Patent by, among other acts, intentionally encouraging, causing, urging, and/or aiding others to directly infringe the 133 Patent, including, but not limited to, by offering to sell, selling, offering to lease, leasing, and/or otherwise providing others with instructions, information, and assistance for practicing the claimed invention. 24. All of the aforementioned infringing acts by Geospan are without the permission,

license, or consent of Pictometry. 25. Such acts of infringement by Geospan have been, and continue to be, willful and

deliberate, and Pictometry reasonably believes that such acts of infringement will continue in the future unless enjoined by this Court. 26. By reason of Geospans acts of infringement, Pictometry has suffered and

continues to suffer irreparable harm and damages, including, but not limited to, lost sales, lost market share, lost profits, damage to Pictometrys goodwill and reputation, and diminution of the

inherent value of the 133 Patent, in an amount to be determined at trial. Geospans infringement further irreparably harms Pictometry by encouraging others to infringe the 133 Patent. 27. As a result of the continuing harm to Pictometry, the diminution of the value of

the 133 Patent, and Geospans inability to pay any money damages that might be awarded against it, Pictometry has no adequate remedy at law for Geospans infringement of the 133 Patent. WHEREFORE, Pictometry prays for the following relief and requests that this Court: A. Enter a judgment finding that Geospan has directly infringed and/or induced

and/or contributed to the infringement of the 133 Patent; B. Grant a preliminary and permanent injunction against the continued direct

infringement of the 133 Patent by Geospan, as well as any owners, officers, agents, servants, employees, attorneys, successors, and assigns of Geospan, and others controlling, controlled by, affiliated with, in privity with, or in active concert with Geospan, such injunction prohibiting the making, use, sale or offering to sell, lease or offering to lease, of Geospans GEOVISTA Products and Services; C. Grant a preliminary and permanent injunction against the continued infringement

by inducement of the 133 Patent by Geospan, as well as any owners, officers, agents, servants, employees, attorneys, successors, and assigns of Geospan, and others controlling, controlled by, affiliated with, in privity with, or in active concert with Geospan, such injunction prohibiting encouraging, causing, urging, and/or aiding others to directly infringe the 133 Patent, including, but not limited to, by leasing, offering to lease and/or by providing to others any information, instructions or assistance for making and/or using Geospans GEOVISTA Products and Services.

D.

Order the destruction of all infringing apparatuses and all materials intended to

instruct or induce others to make, use, sell or offer to sell, lease or offer to lease the same in the possession, custody, or control of Geospan, as well as any owners, officers, agents, servants, employees, attorneys, successors, and assigns of Geospan, and others controlling, controlled by, affiliated with, in privity with, or in active concert with Geospan; E. Order Geospan to identify all clients, customers, partners, employees, agents,

successors, assigns, and others having at least one infringing apparatus. F. Order an accounting to determine and assess against Geospan, and award to

Pictometry, damages of not less than a reasonable royalty and including, but not limited to, all lost profits, together with interest and costs, arising from infringement of the 133 Patent and further award treble damages with interest against Geospan by reason of the willful and deliberate nature of Geospans patent infringement; G. Enter a judgment finding that this case is exceptional under 35 U.S.C. 285 and

assess against Geospan, and award to Pictometry, its reasonable attorneys fees incurred in bringing this action; and H. Grant Pictometry such other and further relief as this Court may deem just.

DEMAND FOR JURY TRIAL Plaintiffs hereby demand a trial by jury of all issues so triable. Dated this 28th day of August, 2013. Respectfully submitted, PICTOMETRY INTERNATIONAL CORP. By its attorneys, s/Rachel K. Zimmerman Rachel K. Zimmerman, Reg. No. 314,171

rzimmerman@merchantgould.com MERCHANT & GOULD P.C. 3200 IDS Center 80 South Eighth Street Minneapolis, Minnesota 55402-2215 Telephone: 612.332.5300