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IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION PARKING SPACE INNOVATIONS, LLC, Case

No. 1:14-cv-659 Plaintiff, v. ABM INDUSTRIES, INC., AND ABM PARKING SERVICES, INC., Defendants. PATENT CASE JURY TRIAL DEMANDED

COMPLAINT Parking Space Innovations, LLC (PSI) files this Complaint against ABM Industries, Inc. (ABM Industries) and ABM Parking Services, Inc. (ABM Parking) for infringement of U.S. Reissue Patent No. 40,013 (the 013 reissue patent). THE PARTIES 1. PSI is a Texas limited liability company with its principal place of business at

2400 Dallas Parkway, Suite 200, Plano, Texas 75093. 2. ABM Industries is a Delaware corporation with its principal place of business

located at 551 Fifth Avenue, Suite 300, New York, New York 10176. ABM Industries may be served with process through its registered agent, The Corporation Trust Company, at 1209 Orange Street, Wilmington, DE 19801. 3. ABM Parking is a California Corporation with its principal place of business

located at 1459 Hamilton Avenue, Cleveland, OH 44114. ABM Parking may be served with process through its registered agent, CT Corporation System, at 208 S. LaSalle Street, Suite 814, Chicago, IL 60604.
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4.

Defendants ABM Industries and ABM Parking are referred to collectively herein

as Defendants. JURISDICTION AND VENUE 5. 6. This is an action for patent infringement under Title 35 of the United States Code. Jurisdiction is proper in this Court pursuant to 28 U.S.C. 1331 (Federal

Question) and 1338(a) (Patents) because this is a civil action for patent infringement arising under the United States patent statutes, 35 U.S.C. 101 et seq. 7. Venue is proper under 28 U.S.C. 1391(c) and 1400(b) because Defendants

have committed acts of infringement in this district and/or are deemed to reside in this district. 8. This Court has personal jurisdiction over ABM Industries and venue is proper in

this district because ABM Industries has committed, and continues to commit, acts of infringement in the State of Illinois, including in this district and/or has engaged in continuous and systematic activities in the State of Illinois, including in this district. For example, ABM Industries regularly conducts business in this district as evidenced by its address at 55 E. Jackson Boulevard, Chicago, IL 60604. Therefore, ABM Industries has engaged in continuous and systematic activities in this district and has purposefully availed itself of the privileges of conducting business in this district. 9. This Court has personal jurisdiction over ABM Parking and venue is proper in

this district because ABM Parking has committed, and continues to commit, acts of infringement in the State of Illinois, including in this district and/or has engaged in continuous and systematic activities in the State of Illinois, including in this district. For example, ABM Parking regularly conducts business in this district as evidenced by its address at 225 W Upper Wacker Drive, Chicago, IL 60606. Additionally, ABM Parking has registered with the State of Illinois to do
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business in Illinois and maintains an agent for service of process in Illinois. Therefore, ABM Parking has engaged in continuous and systematic activities in this district and has purposefully availed itself of the privileges of conducting business in this district. COUNT I (INFRINGEMENT OF U.S. REISSUE PATENT NO. 40,013) 10. 11. PSI incorporates paragraphs 1 through 9 herein by reference. This cause of action arises under the patent laws of the United States, and in

particular, 35 U.S.C. 271, et seq. 12. The 013 reissue patent is entitled Method and Apparatus for Detection and

Remote Notification of Vehicle Parking Space Availability Data. PSI is the exclusive licensee of the 013 reissue patent with ownership of all substantial rights in the 013 reissue patent, including the right to exclude others and to enforce, sue, and recover damages for past and future infringement. A true and correct copy of the 013 reissue patent is attached as Exhibit 1. 13. The 013 reissue patent is valid, enforceable and was duly issued in full

compliance with Title 35 of the United States Code. 14. PSI has been damaged as a result of Defendants infringing conduct described in

this Count. Defendants are, thus, liable to PSI in an amount that adequately compensates it for Defendants infringement, which by law, cannot be less than a reasonable royalty, together with interest and costs as fixed by this Court under 35 U.S.C. 284. (Direct Infringement) 15. On information and belief, Defendants have and continue to directly infringe one

or more claims of the 013 reissue patent in this judicial district and/or elsewhere in Illinois and the United States, including at least claim 27 by, among other things, making, using, offering for
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sale, selling and/or importing systems that infringe the 013 reissue patent including, but not limited to the technology associated with the ABM Customized Mobile Parking App and/or the ABM online Parking Locator (http://www.abm.com/Parking/Pages/Parking.aspx). Defendants are thereby liable for infringement of the 013 reissue patent pursuant to 35 U.S.C. 271. (Indirect Infringement Inducement) 16. Based on the information presently available to PSI, absent discovery, and in the

alternative to direct infringement, PSI contends that Defendants have and continue to indirectly infringe one or more claims of the 013 reissue patent, including at least claim 27 by inducing others (e.g., end users of Defendants Mobile Parking App and/or Parking Locator) to use the patented systems in violation of one or more claims of the 013 reissue patent. 17. this action. Defendants have been on notice of the 013 reissue patent since at least service of In accordance with Fed. R. Civ. P. 11(b)(3), PSI will likely have additional

evidentiary support after a reasonable opportunity for further investigation or discovery on this issue. 18. On information and belief, since Defendants have been on notice of the 013

reissue patent, Defendants have knowingly induced infringement of the 013 reissue patent, including at least claim 27 of the 013 reissue patent, and possessed specific intent to encourage others infringement. 19. On information and belief, since Defendants have been on notice of the 013

reissue patent, Defendants knew or should have known that their actions would induce actual infringement of the 013 reissue patent, including at least claim 27 of the 013 reissue patent. 20. Defendants provide support to users of their Customized Mobile Parking App and

Parking Locator.
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21.

Defendants have not produced any evidence as to any investigation, design In

around or that any remedial action was taken with respect to the 013 reissue patent.

accordance with Fed .R. Civ. P. 11(b)(3), PSI will likely have additional evidentiary support after a reasonable opportunity for discovery on this issue. (Indirect Infringement Contributory) 22. Based on the information presently available to PSI, absent discovery, and in the

alternative to direct infringement, PSI contends that Defendants have and continue to indirectly infringe one or more claims of the 013 reissue patent, including at least claim 27 by contributing to the direct infringement of others, including entities such as end users of Defendants Customized Mobile Parking App and/or Parking Locator, to make, use, offer for sale, sell and/or import systems that infringe one or more claims of the 013 reissue patent, including at least claim 27. 23. Defendants have and continue to contribute to the direct infringement of others,

such as end users of Defendants Customized Mobile Parking App and/or Parking Locator, by offering to sell, selling and/or importing into the United States a component of a patented apparatus that constitutes a material part of the invention, knowing the same to be especially made or especially adapted for use in infringement of the 013 reissue patent and not a staple article or commodity of commerce suitable for substantial noninfringing use. An example of such a material component offered for sale, sold and/or imported by Defendants is their Customized Mobile Parking App and/or Parking Locator and the technology associated therewith. 24. On information and belief, Defendants have been on notice of the 013 reissue

patent since at least service of this action, or before, but has continued since that time to cause
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others to directly infringe the 013 reissue patent as alleged herein. In accordance with Fed. R. Civ. P. 11(b)(3), PSI will likely have additional evidentiary support after a reasonable opportunity for further investigation or discovery on this issue. 25. Since Defendants have been on notice of the 013 reissue patent, Defendants

knew or should have known that their Customized Mobile Parking App and/or Parking Locator and the technology associated therewith constituted material components of the inventions claimed in the 013 reissue patent, are especially made or especially adapted for use in infringement of the 013 reissue patent, and are not a staple article or commodity of commerce suitable for substantial noninfringing use. 26. By virtue of at least this Complaint, Defendants have been provided with written

notice of PSIs allegation that Defendants have and continue to contributorily infringe the 013 reissue patent and written identification of exemplar products that infringe one or more claims of the 013 reissue patent (e.g., systems used by end users of Defendants Customized Mobile Parking App and/or Parking Locator) and written notice of an exemplar material part of these devices (e.g., Defendants Customized Mobile Parking App and/or Parking Locator and the technology associated therewith) that are especially made or especially adapted for use in infringing the 013 reissue patent and are not staple articles or commodities of commerce suitable for substantial noninfringing use. ADDITIONAL ALLEGATIONS 27. PSI has been damaged as a result of Defendants infringing conduct described

herein. Defendants are, thus, liable to PSI in an amount that adequately compensates PSI for Defendants infringements, which, by law, cannot be less than a reasonable royalty, together with interest and costs as fixed by the Court under 35 U.S.C. 284.
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JURY DEMAND PSI hereby requests a trial by jury pursuant to Rule 38 of the Federal Rules of Civil Procedure. PRAYER FOR RELIEF PSI requests that this Court find in its favor and against Defendants, and that this Court grant PSI the following relief: a. b. Enter judgment for PSI on this Complaint; Enter judgment that one or more claims of the 013 reissue patent has been infringed, either directly or indirectly by Defendants; c. Enter judgment that Defendants account for and pay to PSI all damages to and costs incurred by PSI because of Defendants infringing activities and other conduct complained of herein; d. Award PSI damages resulting from Defendants infringement in accordance with 35 U.S.C. 284; e. Enter judgment that Defendants account for and pay to PSI a reasonable royalty and an ongoing post judgment royalty because of Defendants past, present and future infringing activities and other conduct complained of herein; f. That PSI be granted pre-judgment and post-judgment interest on the damages caused by Defendants infringing activities and other conduct complained of herein; and g. That PSI be granted such other and further relief as the Court may deem just and proper under the circumstances.
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DATED: January 29, 2014

Respectfully submitted, /s/ Timothy E. Grochocinski Timothy E. Grochocinski Joseph P. Oldaker INNOVALAW, P.C. 1900 Ravinia Place Orland Park, Illinois 60462 Phone: 708-675-1974 teg@innovalaw.com joldaker@innovalaw.com COUNSEL FOR PLAINTIFF PARKING SPACE INNOVATIONS, LLC