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Law Offices of John W. Carpenter, LLC John W. Carpenter, Esq. (Bar No. 221708) 829 Baronne St. New Orleans, LA 70113 Telephone Office: (504) 581-9322 Telephone Cell: (415) 577-0698 Facsimile: (866) 410-6248 Email: john@jwcarpenterlaw.com Attorneys for Plaintiff Albert John Freeman

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

Albert John Freeman Plaintiff v. United Parcel Service, Inc. United Parcel Service of America Inc. Defendants

Case No.:

COMPLAINT FOR PATENT INFRINGEMENT

DEMAND FOR JURY TRIAL

Complaint for Patent Infringement Page 1 of 13

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2. 1.

COMPLAINT FOR PATENT INFRINGEMENT

Albert John Freeman hereby alleges for his Complaint against United Parcel Service, Inc. (UPS), and United Parcel Service of America, Inc. (UPS America), (individually Defendant and collectively, Defendants) for patent infringement, as follows:

NATURE OF THE CASE This is an action arising under the Patent Laws and Statutes of the United States in which Albert John Freeman seeks to recover for patent infringement, and for any and all damages and costs flowing there from. THE PARTIES Plaintiff, Albert John Freeman (Plaintiff) is an individual residing at 101 Lombard

Street, San Francisco, CA 94111-1184. Upon information and belief, Defendant UPS is a Delaware Corporation having a

principal place of business at 55 Glenlake Parkway, N.E., Atlanta, Georgia 30328, and has appointed Corporation Service Company, 2711 Centerville Rd., Suite 400, Wilmington, DE as its agent for service of process. 3. Upon information and belief, Defendant UPS America is a Delaware corporation

having a principal place of business 55 Glenlake Parkway, N.E., Atlanta, Georgia 30328, and has appointed Corporation Service Company, 2711 Centerville Rd., Suite 400, Wilmington, DE as its agent for service of process.

Complaint for Patent Infringement Page 2 of 13

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7. 1331 and 1338(a). 5. 4.

JURISDICTION AND VENUE This is an action arising under the Patent Laws and Statutes of the United States Code,

namely, 35 U.S.C. 1 et seq. including 35 U.S.C. 271 and 281, et seq. because Defendants committed acts of infringement in the United States and in this Judicial District. Accordingly, this Court has exclusive jurisdiction over the subject matter of this action pursuant to 35 U.S.C.

Venue is proper in this Judicial District under 28 U.S.C. 1391 and/or 1400(b)

because Defendants are subject to personal jurisdiction in this Judicial District and/or have committed acts within this Judicial District giving rise to this action. 6. On information and belief, Defendants are subject to this Courts specific and general

personal jurisdiction pursuant to due process and/or the California Long Arm Statute, due at least to their substantial business in this forum, including: (i) at least a portion of the infringement alleged herein; and (ii) regularly doing or soliciting business, engaging in other persistent courses of conduct, and/or deriving substantial revenue from goods and services provided to individuals in California and in this Judicial District. PLAINTIFFS PATENT Plaintiff is the owner of United States No.5,661,284 (the 284 Patent) which was

duly issued on August 26, 1997. The Patent concerns inter alia embodiments for a commercial transaction system, a product information system, a method for authenticating a commercial transaction device, and a method for obtaining point-of-sale information about a product. A copy of the 284 Patent is attached to this Complaint as Appendix A.

Complaint for Patent Infringement Page 3 of 13

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 10. 8. 9.

COUNT I PATENT INFRINGEMENT OF U.S. PATENT NO. 5,661,284 BY DEFENDANT UPS

Plaintiff repeats and realleges the allegations set forth in paragraphs 1-7. Upon information and belief, Defendant UPS is infringing, or has infringed, one or

more claims of the 284 Patent in this Judicial District and elsewhere in the United States, without authorization or license from Plaintiff by manufacturing or having made, and/or selling or having sold, and/or offering for sale or having offered for sale, and/or importing or having imported, and/or using or having used, claimed embodiments of the invention of the 284 Patent. Embodiments of the invention may be found or described (or previously found or described within the past 6 years) inter alia in Articles and on websites, such as by way of example only, http://money.howstuffworks.com/111-how-ups-works-video.htm; and How UPS Smart Labels Work at http://money.howstuffworks.com/ups.htm; and Inside UPS Worldport: How a

Shipping Titan Moves 2,000 Packages Every 17 Seconds by Alexis Santos (January 3, 2013) at http://www.engagdget.com/2013/01/03/inside-ups-worldport-sorting hub/; and Ring Scanners at http://www.barcodesinc.com/news/?p=6063; and UPS Trade Mark Link:

http://www.ups.com/content/us/en/resources/ship/trademark.html Upon information and belief, one embodiment of the invention being infringed or

which has been infringed by Defendant UPS is a product information system comprising a chosen product, such as a UPS Shipping Box (or UPS Package) with a UPS Smart Lable. The chosen product includes a product identifier region having a product trademark. The UPS Smart Label has a product identifier region and the UPS Trademark. (see UPS Trade Mark Link:

Complaint for Patent Infringement Page 4 of 13

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http://www.ups.com/content/us/en/resources/ship/trademark.html) The chosen product also has a graphic product I.D. figurecode that is unique to and identifies the chosen product. One of the barcodes on the Smart Label identifies the product (e.g. the UPS Shipping Box or UPS Package). The product information system also comprises a computer system which is configured to store a stored electronic version of the graphic product I.D. figurecode. A data link operably couples the chosen product with the computer system, and has a reader or scanner that is adapted to access and transform the graphic product I.D. figurecode into a read electronic version for use by the computer system. (see by way of example, http://money.howstuffworks.com/111-how-ups-worksvideo.htm) An information terminal (e.g. a monitor) is provided for receiving information transferred from the computer system. Embodiments of the product information system may further include a graphic trigger figurecode incorporated into the product identifier region for providing an information-gathering instruction to the computer system relative to the chosen product. The UPS Smart Label secured to the UPS Shipping Box (or UPS Package) also includes a graphic trigger figurecode in the product identifier region which provides an informationgathering instruction to the computer system when the graphic trigger figurecode is scanned. The information-gathering instruction relates to the UPS Shipping Box, or UPS Package. 11. Upon information and belief, another embodiment of the invention being infringed

or which has been infringed by Defendant UPS is a method for obtaining point-of-sale information about a chosen product, such as UPS Shipping Box, or UPS Package, with a UPS Smart Label. The UPS Smart Label has a product identifier region which includes a unique graphic I.D. figurecode and a graphic trigger figurecode that corresponds to selected point-of-sale information

Complaint for Patent Infringement Page 5 of 13

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(e.g. date and time, such as when UPS Shipping Box was obtained by a UPS employee , or zip code or address of UPS store) to be recorded for the chosen product. The method includes reading the I.D. and trigger figurecodes from the chosen product using a data input device, such as by way of example a ring scanner which reads or scans both the I.D. and trigger figurecodes on the UPS Smart Label. (see http://www.barcodesinc.com/news/?p=6063) The method further includes

recording point-of-sale information about the chosen product (i.e. the UPS Shipping Box or Package) according to the trigger figurecode using a computer system which is operably connected to the data input device. (see by way of example:

http://money.howstuffworks.com/111-how-ups-works-video.htm) 12. Upon information and belief, another embodiment of the invention being infringed

or which has been infringed by Defendant UPS is a commercial transaction system that includes a commercial transaction device, such as a UPS Shipping Box (or UPS Package). Defendant UPS receives monetary consideration in return for providing transportation services. After Defendant UPS receives monetary consideration for providing transportation services, Defendant UPS takes possession of the UPS Shipping Box (or UPS Package) and transports the UPS Shipping Box (or UPS Package) to a destination provided by the sender. A UPS Smart Label is secured to the UPS Shipping Box (or UPS Package) and has a graphic figurecode which is substantially nonalphanumeric and uniquely corresponds to and has no discernable relationship with the device holder (e.g. a sender). The UPS Smart Label also has a graphic trigger figurecode which

corresponds to start-searching locations of a plurality of start-searching locations in the computer system to facilitate and aid the search by the computer system for a stored electronic version of the

Complaint for Patent Infringement Page 6 of 13

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

graphic figurecode. Thus, the graphic trigger figurecode saves computer-search time for the computer system in searching for the stored electronic version of the graphic figurecode. The computer system is configured to store not only the electronic version of the graphic figurecode, but also identification information about or of the possessor or owner of the commercial transaction device. A data link is coupled to the computer system, and has a reader or scanner for scanning the graphic figurecode to transform the graphic figurecode into a read electronic version for comparing with the electronic version of the graphic figurecode stored in the computer system. An information terminal (e.g., a monitor) is provided for receiving information transferred from the computer system. COUNT II PATENT INFRINGEMENT OF U.S. PATENT No. 5,661,284 BY DEFENDANT UPS AMERICA

13.

Plaintiff repeats and realleges the allegations set forth in paragraphs 1-12.

14. Upon information and belief, Defendant UPS America is infringing, or has infringed, one or more claims of the 284 Patent in this Judicial District and elsewhere in the United States, without authorization or license from Plaintiff by manufacturing or having made, and/or selling or having sold, and/or offering for sale or having offered for sale, and/or importing or having imported, and/or using or having used, claimed embodiments of the invention of the 284 Patent. Embodiments of the invention may be found or described (or previously found or described within the past 6 years) inter alia in Articles and on websites, such as by way of example only, http://money.howstuffworks.com/111-how-ups-works-video.htm; and How UPS Smart Labels

Complaint for Patent Infringement Page 7 of 13

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Work at http://money.howstuffworks.com/ups.htm;

and Inside UPS Worldport: How a

Shipping Titan Moves 2,000 Packages Every 17 Seconds by Alexis Santos (January 3, 2013) at http://www.engagdget.com/2013/01/03/inside-ups-worldport-sorting hub/; and Ring Scanners at http://www.barcodesinc.com/news/?p=6063; and UPS Trade Mark Link:

http://www.ups.com/content/us/en/resources/ship/trademark.html 15. Upon information and belief, one embodiment of the invention being infringed or

which has been infringed by Defendant UPS America is a product information system comprising a chosen product, such as a UPS Shipping Box (or UPS Package) with a UPS Smart Lable . The chosen product includes a product identifier region having a product trademark. The UPS Smart Label has a product identifier region and the UPS Trademark. (see UPS Trade Mark Link: http://www.ups.com/content/us/en/resources/ship/trademark.html) The chosen product also has a graphic product I.D. figurecode that is unique to and identifies the chosen product. One of the barcodes on the Smart Label identifies the product (e.g. the UPS Shipping Box or UPS Package). The product information system also comprises a computer system which is configured to store a stored electronic version of the graphic product I.D. figurecode. A data link operably couples the chosen product with the computer system, and has a reader or scanner that is adapted to access and transform the graphic product I.D. figurecode into a read electronic version for use by the computer system. (see by way of example, http://money.howstuffworks.com/111-how-ups-worksvideo.htm) An information terminal (e.g. a monitor) is provided for receiving information transferred from the computer system. Embodiments of the product information system may further include a graphic trigger figurecode incorporated into the product identifier region for

Complaint for Patent Infringement Page 8 of 13

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providing an information-gathering instruction to the computer system relative to the chosen product. The UPS Smart Label secured to the UPS Shipping Box (or UPS Package) also includes a graphic trigger figurecode in the product identifier region which provides an informationgathering instruction to the computer system when the graphic trigger figurecode is scanned. The information-gathering instruction relates to the UPS Shipping Box, or UPS Package. 16. Upon information and belief, another embodiment of the invention being infringed

or which has been infringed by Defendant UPS America is a method for obtaining point-of-sale information about a chosen product, such as UPS Shipping Box, or UPS Package, with a UPS Smart Label. The UPS Smart Label has a product identifier region which includes a unique

graphic I.D. figurecode and a graphic trigger figurecode that corresponds to selected point-of-sale information (e.g. date and time, such as when UPS Shipping Box was obtained by a UPS America employee , or zip code or address of UPS store) to be recorded for the chosen product. The method includes reading the I.D. and trigger figurecodes from the chosen product using a data input device, such as by way of example a ring scanner which reads or scans both the I.D. and trigger figurecodes on the UPS Smart Label. (see http://www.barcodesinc.com/news/?p=6063)

The method further includes recording point-of-sale information about the chosen product (i.e. the UPS Shipping Box or Package) according to the trigger figurecode using a computer system which is operably connected to the data input device. http://money.howstuffworks.com/111-how-ups-works-video.htm) 17. Upon information and belief, another embodiment of the invention being infringed (see by way of example:

or which has been infringed by Defendant UPS America is a commercial transaction system that

Complaint for Patent Infringement Page 9 of 13

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includes a commercial transaction device, such as a UPS Shipping Box (or UPS Package). Defendant UPS America receives monetary consideration in return for providing transportation services. After Defendant UPS America receives monetary consideration for providing

transportation services, Defendant UPS America takes possession of the UPS Shipping Box (or UPS Package) and transports the UPS Shipping Box (or UPS Package) to a destination provided by the sender. A UPS Smart Label is secured to the UPS Shipping Box (or UPS Package) and has a graphic figurecode which is substantially non-alphanumeric and uniquely corresponds to and has no discernable relationship with the device holder (e.g.,, a sender). The UPS Smart

Label also has a graphic trigger figurecode which corresponds to start-searching locations of a plurality of start-searching locations in the computer system to facilitate and aid the search by the computer system for a stored electronic version of the graphic figurecode. Thus, the graphic trigger figurecode saves computer-search time for the computer system in searching for the stored electronic version of the graphic figurecode. The computer system is configured to store not only the electronic version of the graphic figurecode, but also identification information about or of the possessor or owner of the commercial transaction device. A data link is coupled to the computer system, and has a reader or scanner for scanning the graphic figurecode to transform the graphic figurecode into a read electronic version for comparing with the electronic version of the graphic figurecode stored in the computer system. An information terminal (e.g., a monitor) is provided for receiving information transferred from the computer system.

Complaint for Patent Infringement Page 10 of 13

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 trial.

18.

Defendants are directly infringing, literally infringing, and/or infringing the 284

Patent under the doctrine of equivalents. Defendants are thus liable for infringement of the 284 Patent pursuant to 35 U.S.C. 271. 19. To the extent that facts learned in discovery show that Defendants infringement of

the 284 Patent has been willful, Plaintiff reserves the right to request such a finding at time of

20.

As a result of these Defendants infringement of the 284 Patent, Plaintiff has

suffered monetary damages and is entitled to a money judgment in an amount adequate to compensate Plaintiff for Defendants infringement, but in no event less than a reasonable royalty for the use made of the invention by Defendants, together with interest and costs as fixed by the court, and Plaintiff will continue to suffer damages in the future unless Defendants infringing are enjoined by the court. CERTIFICATION OF INTERESTED PARTIES OR PERSONS Pursuant to Civil L.R. 3-16, the undersigned certifies that the following listed person, association of persons, firms, partnerships, corporations (including parent corporations) or other entities (i) have a financial interest in the subject matter in controversy or in a party to the proceeding, or (ii) have a non-financial interest in that subject matter or in a party that could be substantially affected by the outcome of the proceeding: Albert John Freeman

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RELIEF

WHEREFOR PLAINTIFF PRAYS FOR THE FOLLOWING RELIEF: (a) For decree and judgment against Defendants and all in privity with Defendants that the 284 Patent is valid and enforceable; (b) For decree and judgment against Defendants and all in privity with Defendants, that the 284 Patent is, and has been, infringed by Defendants and that Defendants are liable as a patent infringer; (c) For an injunction permanently enjoining Defendants, its officers, agents, servants, employees, attorneys and all those in active concert, participation or privity with Defendants from further infringement, in any form what ever, of the 284 Patent; (d) For decree and judgment against Defendants and all in privity with Defendants requiring Defendants to pay Plaintiff his damages, costs, expenses, prejudgment and postjudgment interest for Defendants infringement of the 284 Patent under 35 U.S.C. 271 and 28 U.S.C. 1961; and (e) For such other and further relief which should appear just and equitable to this Court.

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Dated: April 21, 2014

Respectfully submitted, /s/ John W. Carpenter__ Law Offices of John W. Carpenter, LLC John W. Carpenter, Esq. (Bar No. 221708) 829 Baronne St. New Orleans, LA 70113 Telephone Office: (504) 581-9322 Telephone Cell: (415) 577-0698 Facsimile: (866) 410-6248 Email: john@jwcarpenterlaw.com Attorneys for Plaintiff Albert John Freeman

DEMAND FOR JURY TRIAL Pursuant to Fed. R. Civ. P. 38(b) and Civil Local Rule No. 3-6, Plaintiff demands a trial by jury on all issues allowable by law.

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