United States District Court, D. Delaware
Belgam and Eve H. Ormerod, SMITH, KATZENSTEIN & JENKINS
LLP, Wilmington, DE; Stefan V. Stein (argued), Mayanne Downs,
Jason Zimmerman, and Cole Carlson, GRAY ROBINSON P.A.,
Orlando, FL, attorneys for Plaintiff.
G. Kraman, YOUNG CONAWAY STARGATT & TAYLOR, LLP,
Wilmington, DE; Edward A. Pennington, John P. Moy (argued),
John P. Pennington, and Darlene K Tzou, SMITH, GAMBRELL &
RUSSELL LLP, Washington, DC, attorneys for Defendant.
ANDREWS, U.S. DISTRICT JUDGE.
pending before the Court is Defendant's Motion for
Judgment on the Pleadings. (D.I. 39). The parties have fully
briefed the issues. (D.I. 39, 46, 107). The Court heard oral
argument on December 4, 2018. (D.I. 109). After considering
the parties' briefing and arguments, the Court GRANTS
Defendant's Motion for judgment on the pleadings.
Baggage Airlines Guest Services, Inc. filed suit on August
24, 2017 against Defendant Roadie, Inc. in the United States
District Court for the Middle District of Florida. (D.I. 1).
Plaintiffs Complaint alleges that Defendant infringes U.S.
Patent No. 9, 659, 336 ("the '336 patent") both
directly and indirectly by inducing or contributing to
infringement by others. (D.I. 1 ¶ 26). On May 9, 2018,
the Florida court transferred the case to this Court. (D.I.
'336 patent "relates to an apparatus, method and
system for dispatching baggage." ('336 patent,
Abstract). The '336 patent has three independent claims:
claim 1 is an apparatus claim, claim 7 is a method claim, and
claim 13 is "directed to a computer-readable storage
medium containing instructions for dispatching baggage."
(D.I. 39 at 8). The language of these claims is substantially
similar. Claim 7 is representative and reads as follows:
7. A method of dispatching baggage, comprising:
receiving, through a transceiver of a server and after a
piece of baggage has been transported to a destination,
baggage information relating to the piece of baggage to be
delivered to a passenger, the baggage information including a
drop off address, wherein the passenger is at a location
different than the destination;
associating, by the processor of the server, the baggage
information with a delivery person, wherein the delivery
person is associated with delivery person information;
transmitting, through the transceiver, a pick up bags message
to a deliverer computing device associated with the delivery
transmitting, through the transceiver, at least a portion of
the baggage information and the delivery person information
to a passenger computing device associated with the
receiving, through the transceiver, from the passenger
computing device a selection to hold delivery of the piece of
baggage using a passenger interface until a delayed delivery
time wherein the passenger interface displays travel
information of the passenger including at least one of an
airline name and an airport name and a baggage map configured
to display on the passenger computing device an approximate
location or current location of the piece of baggage
associated with the travel information wherein the passenger
interface is updated with changes in the approximate location
or the current location of the piece of baggage during
relaying, through the transceiver, a delivery change to the
deliverer computing device responsive to the selection to
hold delivery of the piece of baggage ...