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Baggage Airline Guest Services, Inc. v. Roadie, Inc.

United States District Court, D. Delaware

January 7, 2019

BAGGAGE AIRLINE GUEST SERVICES, INC., Plaintiff;
v.
ROADIE, INC., Defendant.

          Neal 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.

          Pilar 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.

          MEMORANDUM OPINION

          ANDREWS, U.S. DISTRICT JUDGE.

         Currently 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.

         I. BACKGROUND

         Plaintiff 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. 67).

         The '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[1] 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 persona;
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 passenger;
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 transport;
relaying, through the transceiver, a delivery change to the deliverer computing device responsive to the selection to hold delivery of the piece of baggage ...

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