patent ) under 35 U.S.C. 271(a), either literally or under the doctrine of equivalents, by making, using, selling, and/or offering for

Transcription

1 EXHIBIT B FEDEX S INFRINGEMENT OF U.S. PATENT NO. 6,909,356 FedEx has infringed, and continues to infringe, at least claims 1, 3-5, 7, 11-14, and 17 of ( the 356 patent ) under 35 U.S.C. 271(a), either literally or under the doctrine of equivalents, by making, using, selling, and/or offering for sale in the United States, and/or importing into the United States without authority methods or devices for inventory accounting, including but not limited to FedEx s SenseAware, SenseAware 2000, and SenseAware PT300D devices, 1 along with ShipmentWatch and the SenseAware web-based application ( 356 Accused Instrumentalities ). 2 The claim chart below identifies specifically where each element of each asserted claim is found within each of the 356 Accused Instrumentalities, based upon the information available to date. Intellectual Ventures contends that each element of each asserted claim is literally present in the 356 Accused Instrumentalities, unless otherwise indicated. To the extent that any claim element is found not to be literally embodied in the 356 Accused Instrumentalities, Intellectual Ventures contends that the 356 Accused Instrumentalities embody such claim elements under the doctrine of equivalents, as there are no substantial differences and each asserted claim element performs substantially the same function, in substantially the same way, to achieve substantially the same result as the 356 Accused Instrumentalities. Where the element is believed to be implemented in the same or substantially the same way in each of the 356 Accused Instrumentalities, Intellectual Ventures provides an exemplary illustration or description setting forth specifically where the limitation is found in that instrumentality, without repeating the same illustration or description for each version 1 SenseAware as used herein includes FedEx s original SenseAware device (also known as the SenseAware 1000 device) as well as the SenseAware 2000 and SenseAware PT300D devices, which FedEx uses in the same way with respect to infringement of the 356 patent in relevant part as shown in this chart. SenseAware technology as used herein includes SenseAware devices and accompanying services such as ShipmentWatch and the SenseAware web-based application available at 2 FedEx has had knowledge of the 356 patent and its infringement of that patent at least since August 30, 2016 through a letter Intellectual Ventures sent concerning that infringement. See IV-FEDEX Exhibit B Page 1 1 of 39 FedEx Exhibit 1008

2 of each of the 356 Accused Instrumentalities. Intellectual Ventures asserts that certain claim elements in the below charts are software limitations. Pursuant to 3(a)(i) of the Court s sample Discovery Order (hereinafter Discovery Order ), Intellectual Ventures need not comply with P.R. 3-1 for those claim elements until 30 days after source code for each Accused Instrumentality is produced by [FedEx]. Furthermore, Intellectual Ventures provides these contentions based upon publicly-available information, and in the absence of any discovery or a claim construction ruling. Therefore, Intellectual Ventures reserves its right to supplement or amend these contentions based upon information obtained through discovery and/or to account for any claim construction ruling consistent with the Federal Rules of Civil Procedure, the Local Civil Rules for the Eastern District of Texas, and the Rules of Practice for Patent Cases before the Eastern District of Texas. Exhibit B Page 2 2 of 39

3 1. A method, comprising: obtaining identity information regarding an entity which enters a controlled space; FedEx practices the method of claim 1. FedEx obtains identity information regarding an entity which enters a controlled space. As a first non-limiting example, when a package is shipped using FedEx SenseAware, FedEx obtains identity information (e.g., the device ID) regarding an entity (e.g., a SenseAware device) which enters a controlled space (e.g., a predetermined area designated by a geofence or a route-based geofence). FedEx s SenseAware is a sensor-based logistics ( SBL ) technology. Each device contains multiple sensors. See, e.g., IV-FEDEX FedEx tracks each SenseAware device in real-time or near real-time: See, e.g., IV-FEDEX (SenseAware 1000 device). Exhibit B Page 3 3 of 39

4 See, e.g., IV-FEDEX (SenseAware 2000 device). See, e.g., IV-FEDEX (SenseAware PT300D device). Each SenseAware device (e.g., entity ) has associated identity information (e.g., a Device ID): See, e.g., IV-FEDEX (annotations added). FedEx tracks the movement of the SenseAware devices, including their entry into or exit from a controlled space as well as its movement within and outside the controlled space: Exhibit B Page 4 4 of 39

5 See, e.g., IV-FEDEX (highlighting added). The predetermined locations and predetermined routes referred to above are geofences or route-based geofences, and comprise a controlled space: designated See, e.g., IV-FEDEX See, e.g., IV-FEDEX (highlighting added). As part of that tracking, FedEx obtains identity information regarding those SenseAware devices entering those controlled spaces: Exhibit B Page 5 5 of 39

6 See, e.g., IV-FEDEX (annotations added). As additional non-limiting examples, FedEx also obtains identity information regarding the truck (e.g., entity), plane (e.g., entity), and person or persons (e.g., entity) transporting the SenseAware device and the packages/goods which enter the designated geofence or route-based geofence (e.g., controlled space). This claim limitation is a software limitation that may require additional information from source code. Therefore, pursuant to 3(a)(i) of the Discovery Order, Intellectual Ventures need not comply with P.R. 3-1 for [this] claim element[] until 30 days after source code for each Accused Instrumentality is produced by [FedEx]. monitoring, using a wireless tracking system communicatively coupled to a computer system, locations and movements of the entity and objects within the controlled space; FedEx monitors, using a wireless tracking system communicatively coupled to a computer system, locations and movements of the entity and objects within the controlled space. As a first non-limiting example, FedEx monitors the location and movements of the entity (e.g., the SenseAware device, the truck driver, the plane attendants, and/or person or persons transporting the SenseAware device) and objects (e.g., the shipments/packages/goods being transported) within the controlled space (e.g., the area delineated by the designated geofence or route-based geofence) using a wireless tracking system (e.g., a tracking system comprising in part a Global Position System (GPS) and/or Location Based Services (LBS)) communicatively coupled to a computer system (e.g., FedEx s back-end computer system and/or customer computers): Exhibit B Page 6 6 of 39

7 See, e.g., IV-FEDEX FedEx monitors the locations and movements at least byy using either a web-based application it provides at SenseAware.com or by using FedEx Custom Critical ShipmentWatch: See, e.g., IV-FEDEX (highlighting added). Exhibit B Page 7 7 of 39

8 See, e.g., IV-FEDEX See, e.g., IV-FEDEX (highlighting added). Exhibit B Page 8 8 of 39

9 See, e.g., IV-FEDEX (highlighting added). Further, the SenseAware and SenseAware 2000 devices usee a wireless tracking system that comprises in part Global Systems for Mobile Communication (GSM) quad-band cellular capability and GPS. The SenseAwarePT300D devices use a wireless tracking system that comprises in part GSM and Code Division Multiple Access (CDMA) networks and cellular based location services as a wireless tracking system: Exhibit B Page 9 9 of 39

10 See, e.g., IV-FEDEX (highlighting added). Exhibit B Page of 39

11 See, e.g., IV-FEDEX (highlighting added). FedEx monitors the location throughout the controlled spacee in real-time or near real-time: Exhibit B Page of 39

12 See, e.g., IV-FEDEX (highlighting added). Exhibit B Page of 39

13 See, e.g., IV-FEDEX (highlighting added). See, e.g., IV-FEDEX (highlighting added). Thus, FedEx places its SenseAware device inside packages, containers, trucks and other objects to monitor the location and movements of the entity (e.g., the SenseAware device) and the objects (e.g., the packages and/or goods being transported) as they enter and move within the controlled space (e.g., a predetermined location set by a designated geofence or route-based geofence) in real time using wireless tracking systems that comprises in part GPS and LBS over a cellular network that is communicatively coupled to a web-based application or ShipmentWatch for monitoring and analysis. This claim limitation is a software limitation that requires additional information from source code. Therefore, pursuant to 3(a)(i) of the Discovery Order, Intellectual Ventures need not comply with P.R. 3-1 for [this] claim element[] until 30 days after sourcee code for each Accused Instrumentality is produced by [FedEx]. automatically associating, using the computer system, the identity information regarding the entity with FedEx automatically associates, using the computer system, the identity information regarding the entity with status informationn regarding additions, removals, returns, defective status, or movements of the objects to/from/within the controlled space when it uses its SenseAware technology to track the status of a package in delivery. Exhibit B Page of 39

14 status information regarding additions, removals, returns, defective status, or movements of the objects to/from/within the controlled space; and As a first non-limiting example, FedEx automatically associates, using the web-based application or Custom Critical ShipmentWatch, the SenseAware device ID (e.g., information regarding the entity) with status information regarding movement of the objects to/from/within the controlled space (e.g., route-based geofence): See, e.g., IV-FEDEX (annotations added). As a second non-limiting example, FedEx automatically associates using the web-based application or Custom Critical ShipmentWatch, the accompanying SenseAware device ID with status information regarding defective status (e.g., details regarding the current location in relation to a predetermined location or route, temperature, light exposure, humidity, barometric pressure and any shock detection): Exhibit B Page of 39

15 See, e.g., IV-FEDEX (annotations added). See, e.g., IV-FEDEX (highlighting added). Exhibit B Page of 39

16 See, e.g., IV-FEDEX This claim limitation is a software limitation that requires additional information from source code. Therefore, pursuant to 3(a)(i) of the Discovery Order, Intellectual Ventures need not comply with P.R. 3-1 for [this] claim element[] until 30 days after sourcee code for each Accused Instrumentality is produced by [FedEx]. transmitting the status information and the associated identity information to a server communicatively coupled to the computer system and configured to automatically notify a user of the status information, wherein at least one of the objects is automatically returned or picked up as a result of such notification. FedEx transmits the statuss information and the associated identity information to a server communicatively coupled to the computer system and configured to automatically notify a user of the status information, wherein at least one of the objects is automatically returned or picked up as a result of such notification at least when it uses its SenseAware technology to track packages. As a first non-limiting example, FedEx transmits the status information (e.g., the location) and the associated identity information (e.g., the device ID) to a server communicatively coupled to the computer system (e.g., a server running a web-based platform or ShipmentWatch, where the information is stored, and FedEx and/or the customer shipping the package can access). FedEx configures that server to automatically notify a user (e.g., FedEx staff or customer) of the status information under certain conditions (e.g., breach of the geofence): Exhibit B Page of 39

17 See, e.g., IV-FEDEX See, e.g., IV-FEDEX As a second humidity and See, e.g., IV-FEDEX (highlighting added). non-limiting example, FedEx transmits the status information (e.g., the temperature, barometric pressure, shock, and light) and thee associated identity information (e.g., the Exhibit B Page of 39

18 device ID) to a server communicatively coupled to the computer system (e.g., a server running a web- FedEx based platform or ShipmentWatch where the information is stored and the user can access). configures the server to automatically notify a user (e.g., FedEx staff or customer) of the status information under certain conditions (e.g., temperature alert, humidity alert, shock alert, light alert): See, e.g., IV-FEDEX (highlighting added). See, e.g., IV-FEDEX (highlighting added). Exhibit B Page of 39

19 See, e.g., IV-FEDEX If an item leaves the geofence and the GPS determines that it is at the wrong location, FedEx automatically returns or picks up the objects (e.g., products/goods being transported improperly out of their geofence): Exhibit B Page of 39

20 See, e.g., IV-FEDEX (annotations added). This claim limitation is a software limitation that requires additional information from source code. Therefore, pursuant to 3(a)(i) of the Discovery Order, Intellectual Ventures need not comply with P.R. 3-1 for [this] claim element[] until 30 days after source code for each Accused Instrumentality is produced by [FedEx]. Exhibit B Page of 39

21 3. The method of claim 1 further comprising notifying the user of the addition, removal, return, defective status, or movement of the objects. FedEx performs the method of claim 1. See claim 1 analysis, above. As one non-limiting example, FedEx performs the method of claim 1 by using its SenseAware technology. See claim 1 analysis, above. When FedEx uses its SenseAware technology to track packages (according to claim 1), FedEx notifies the user of the addition, removal, return, defective status, or r movement of the objects. As a first non-limiting example, FedEx notifies the userr (e.g., FedEx staff or customer) of the movement of the objects (e.g., the location of the objects orr its entrance/exit from the geofenced area or predetermined route) or of a defective status (e.g., whenn the objects deviate from a predetermined route): See, e.g., IV-FEDEX See, e.g., IV-FEDEX Exhibit B Page of 39

22 See, e.g., IV-FEDEX (highlighting added). Further, FedEx notifies the user (e.g., FedEx staff or customer) of various types of status or movement of the objects: See, e.g., IV-FEDEX As a second non-limiting example, FedEx notifies the user (e.g., FedEx staff or customer) of a defective status (e.g., when the objects deviate from a predetermined temperature, humidity, pressure, shock, or light exposure): Exhibit B Page of 39

23 See, e.g., IV-FEDEX (highlighting added). See, e.g., IV-FEDEX (highlighting added). This claim limitation is a software limitation that requires additional information from source code. Therefore, pursuant to 3(a)(i) of the Discovery Order, Intellectual Ventures need not comply with P.R. 3-1 for [this] claim element[] until 30 days after sourcee code for each Accused Instrumentality is produced by [FedEx]. 4. The method of claim 3 FedEx perfoms the method of claim 3. See claim 3 analysis, above. As one non-limiting example, FedEx performs the method of claim 3 technology. See claim 3 analysis, above. by using its SenseAware Exhibit B Page of 39

24 further comprising notifying the user of whether or not the addition, removal, return, defective status, or movement of the objects is authorized or not. When FedEx uses its SenseAware technology to track packages (according to claim 3), FedEx notifies the user of whether or not the addition, removal, return, defective status, or movement of the objects is authorized or not. As a first non-limiting example, FedEx notifies a user (e.g., FedEx staff or customer) of whether or not the defective status or movement of the objects is authorized. FedEx notifies that user at least by indication on FedEx s web-based application and ShipmentWatch. Indeed, FedEx notifies the user of all movements of the objects, and will notify whether the movement of the objects is authorized or is not authorized, as a deviation from this designated routee by providing a geofence alert to show whether the shipment is where it is supposed to be: See, e.g., IV-FEDEX (annotations added). Exhibit B Page of 39

25 See, e.g., IV-FEDEX (highlighting added). As a second non-limiting example, FedEx notifies a user (e.g., FedEx staff or customer) of whether or not the defective status of the objects is authorized by indicating it as such on FedEx s web-based application and ShipmentWatch. Indeed, FedEx notifies the user of all movements of the objects, and will notify whether the temperature, exposure to light, relative humidity and shock of the objects is authorized or is not authorized, as a deviation from this designated specifications: Exhibit B Page of 39

26 See, e.g., IV-FEDEX (highlighting added). See, e.g., IV-FEDEX (highlighting added). This claim limitation is a software limitation that may require additional information from source code. Therefore, pursuant to 3(a)(i) of the Discovery Order, Intellectual Ventures need not comply with P.R. 3-1 for [this] claim element[] until 30 days after source code for each Accused Instrumentality is produced by [FedEx]. 5. The method of claim 4 FedEx performs the method of claim 4. See Claims 4 analysis, above. As one non-limiting example, FedEx performs the method of claim 4 technology. See claim 4 analysis, above. by using its SenseAware Exhibit B Page of 39

27 wherein authorization is determined according to the identity information. When FedEx uses its SenseAware technology to track packages (according to claim 4), FedEx determines authorization acording to the identity information. As a first non-limiting example, FedEx determines authorization according to the identity information for each entity where FedEx associates the SenseAware s Device ID (an example of the identity information) with the designated geofence or route-based geofence or specifications set for temperature, light exposure, humidity, pressure, and shock: See, e.g., IV-FEDEX (annotations added). Exhibit B Page of 39

28 See, e.g., IV-FEDEX (highlighting added). See, e.g., IV-FEDEX (annotations added). This claim limitation is a software limitation that may require additional information from source code. Therefore, pursuant to 3(a)(i) of the Discovery Order, Intellectual Ventures need not comply with P.R. 3-1 for [this] claim element[] until 30 days after source code for each Accused Instrumentality is produced by [FedEx]. 7. The method of claim 1 FedEx performs the method of claim 1. See Claim 1 analysis, above. As one non-limiting example, FedEx performs the method of claim 1 technology. See claim 1 analysis, above. by using its SenseAware wherein the wireless tracking system includes barcode labels affixed to one or more of the objects. When FedEx uses its SenseAware technology to track packages (according to claim 1), the wireless tracking system includes barcode labels affixed to one or more of the objects when FedEx uses its SenseAware technology to track packages. As a first non-limiting example, FedEx affixes barcode labels (e.g., the red arrows below) to an object (e.g., shipment to be delivered) for use in the wireless tracking system (e.g., comprising in part SenseAware technology) by associating the SenseAware Device ID with the barcode affixed to the shipment: Exhibit B Page of 39

29 See, e.g., IV-FEDEX (annotations added). 11. The method of claim 1 FedEx performs the method of claim 1. See claim 1 analysis, above. As one non-limiting example, FedEx performs the method of claim 1 technology. See claim 1 analysis, above. by using its SenseAware wherein the server is communicatively coupled to the computer system via one of a wireless communication link, or a network communication link. When FedEx uses its SenseAware technology to track packages (according to claim 1), the server is communicatively coupled to the computer system via onee of a wireless communication link, or a network communication link when it uses its SenseAware technology to track packages. As a first non-limiting example, FedEx s SenseAware transmits the status information and associated identity information (e.g., Device ID) to a computer system. The status information and associated identify information is sent from the computer system to the server via a wireless communication or network communication link at least when the web-based application is used to monitor the location of the shipment from the server: Exhibit B Page of 39

30 See, e.g., IV-FEDEX (highlighting added). See, e.g., IV-FEDEX (highlighting added). This claim limitation is a software limitation that may require additional information from source code. Therefore, pursuant to 3(a)(i) of the Discovery Order, Intellectual Ventures need not comply Exhibit B Page of 39

31 with P.R. 3-1 for [this] claim element[] until 30 days after source code for each Accused Instrumentality is produced by [FedEx]. 12. The method of claim 1 FedEx performs the method of claim 1. See claim 1 analysis, above. As one non-limiting example, FedEx performs the method of claim 1 by using its SenseAware technology. See claim 1 analysis, above. wherein the user accesses information regarding the addition, removal, return, defective status, or movements of objects to/from/within the controlled space associated with the identity information in the server through one or more client computers communicatively coupled to the server through a network. When FedEx uses its SenseAware technology to track packages (according to claim 1), the user accesses information regarding the addition, removal, return, defective status, or movements of objects to/from/within the controlled space associated with the identity information in the server through one or more client computers communicatively coupled to the server through a network. As first non-limiting example, users (e.g., FedEx staff) can access information regarding the movement and defective status of an object (e.g., the item to be shipped or item in inventory enters or exits a predetermined location or deviates from its predetermined route) to/from/within the controlled area (e.g., designated geofence or route-based geofence) through a client computer (e.g., FedEx staff computer monitoring a package using ShipmentWatch or the web-based application) that is connected to the server through a network to ShipmentWatch and the web-based application: See, e.g., IV-FEDEX (highlighting added). Exhibit B Page of 39

32 See, e.g., IV-FEDEX See, e.g., IV-FEDEX (highlighting added). As a second non-limiting example, users (e.g., FedEx staff) can access information regarding the defective status of an object (e.g., the item to be shipped orr item in inventory s accurate temperature, Exhibit B Page of 39

33 light exposure, relative humidity, barometric pressure, and d shock) to/from/within the controlled area through a client computer (e. g., FedEx staff computer monitoring a package using ShipmentWatch or the web-based application) that is connected to the server through a network on ShipmentWatch and the web-based application: See, e.g., IV-FEDEX (highlighting added). See, e.g., IV-FEDEX (highlighting added). This claim limitation is a software limitation that may require additional information from source code. Therefore, pursuant to 3(a)(i) of the Discovery Order, Intellectual Ventures need not comply Exhibit B Page of 39

34 with P.R. 3-1 for [this] claim element[] until 30 days after source code for each Accused Instrumentality is produced by [FedEx]. 13. The method of claim 12 FedEx performs the method of claim 12. See claim 12 analysis, above. As one non-limiting example, FedEx performs the method of claim 12 by using its SenseAware technology. See claim 12 analysis, above. wherein the network comprises the Internet. When FedEx uses its SenseAware technology to track packages (according to claim 12), the network comprises the internet. As a first non-limiting example, client computers (e.g., FedEx staff computer monitoring a package using ShipmentWatch or the web-based application) are coupled to the server through the internet (e.g., the web-based application): See, e.g., IV-FEDEX (highlighting added). Exhibit B Page of 39

35 See, e.g., IV-FEDEX See, e.g., IV-FEDEX (highlighting added). Exhibit B Page of 39

36 14. The method of claim 1 wherein the notification is transmitted to the user via a wireless communication link, or a network communication link. FedEx performs the method of claim 1. See claim 1 analysis, above. As one non-limiting example, FedEx performs the method of claim 1 by using its SenseAware technology. See claim 1 analysis, above. When FedEx uses its SenseAware technology to trackk packages (according to claim 1), the notification is transmitted to the user via a wireless communication link, or a network communication link. As a first non-limiting example, FedEx transmits notifications to the user (e.g., FedEx Staff or customer) via a wireless communication link, or a network communication link when it transmits alerts and notifications to the user s desktop, smart phone, or web-enabled device: See, e.g., IV-FEDEX This claim limitation is a software limitation that may require additional information from source code. Therefore, pursuant to 3(a)(i) of the Discovery Order, Intellectual Ventures need not comply with P.R. 3-1 for [this] claim element[] until 30 days after source code for each Accused Instrumentality is produced by [FedEx]. 17. The method of claim 1 wherein the server automatically decrements or FedEx performs the method of claim 1. See claim 1 analysis, above. As one non-limiting example, FedEx performs the method of claim 1 by using its SenseAware technology. See claim 1 analysis, above. When FedEx uses its SenseAware technology to track packages (according to claim 1) ), the server automatically decrements or increments inventory levels orr changes the status of objects in response Exhibit B Page of 39

37 increments inventory levels or changes the status of objects in response to data transmitted to the server. to data transmitted to the server. As a first non-limiting example, the server automatically changes the status of objects (e.g., the location of the objects i.e., whether shipment is approaching delivery or whether it is at the wrong location) in response to data transmitted (e.g., data concerning location) by the SenseAware device to the server: See, e.g., IV-FEDEX (highlighting added). As a second non-limiting example, the server automatically changes the status of objects (e.g., changes Journey Phase of objects) in response to data transmitted (e.g., data concerning location) by the SenseAware device to the server: Exhibit B Page of 39

38 See, e.g., IV-FEDEX (annotations added). As a third non-limiting example, the server automatically changes the status of objects (e.g., temperature, exposure to light, relative humidity, barometric pressure, and/or shock within predeterminedd limits of shipment) in response to data transmitted (e.g., temperature, exposure to light, relative humidity, barometric pressure, and/or shock data) byy the SenseAware device to the server: See, e.g., IV-FEDEX (annotations added). Exhibit B Page of 39

39 See, e.g., IV-FEDEX (highlighting added). This claim limitation is a software limitation that requires additional information from source code. Therefore, pursuant to 3(a)(i) of the Discovery Order, Intellectual Ventures need not comply with P.R. 3-1 for [this] claim element[] until 30 days after sourcee code for each Accused Instrumentality is produced by [FedEx]. Exhibit B Page of 39