United States District Court, D. Colorado
[Copyrighted Material Omitted]
Concaten, Inc., Plaintiff: Carl Alfred Hjort, III, LEAD
ATTORNEY, SpaceCo Business Solutions, Inc., Aurora, CO; Laura
Lee Blake, LEAD ATTORNEY, Mobile Barriers LLC, Golden, CO;
David Anthony Palladino, Jr., David Anthony Palladino,
Attorney at Law, Golden, CO.
AmeriTrak Fleet Solutions, LLC, doing business as Ameritrak,
Defendants: Dean C. Eyler, LEAD ATTORNEY, Loren Lee Hansen,
Gray, Plant, Mooty, Motty & Bennett, PA-Minneapolis,
AmeriTrak Fleet Solutions, LLC, Counter Claimant: Loren Lee
Hansen, Gray, Plant, Mooty, Motty & Bennett, PA-Minneapolis,
Concaten, Inc., Counter Defendant: David Anthony Palladino,
Attorney at Law, Golden, CO.
A. BRIMMER, United States District Judge.
matter is before the Court on the motion for judgment on the
pleadings pursuant to Fed.R.Civ.P. 12(c) [Docket No. 32]
filed by defendant AmeriTrak Fleet Solutions, LLC ("
AmeriTrak" ). The basis of AmeriTrak's motion is
that the patents-in-suit, which involve relaying weather and
road data to and from snow plows, are drawn to ineligible
subject matter. See Docket No. 32. The Court has
jurisdiction pursuant to 28 U.S.C. § 1331.
Concaten, Inc. (" Concaten" ) owns all right,
title, and interest to U.S. Patent Nos. 7,355,509 (the "
'509 Patent" ), 7,714,705 (the " '705
Patent" ), 8,120,473 (the " '473 Patent"
), 8,284,037 (the " '037 Patent" ), and
8,497,769 (the " 769 Patent" ) (collectively, the
" patents-in-suit" and, excluding the '509
Patent, the " continuation patents" ). Docket No. 7
at 1-2, ¶ 1. Generally, the patents-in-suit describe a
" maintenance decision support system" ("
MDSS" ), which Concaten describes as a "
computer-based system that . . . provides State
transportation departments' winter maintenance personnel
with specific weather forecast information and treatment
recommendations." Docket No. 7 at 5-6, ¶ 11. The
MDSS incorporates various technological components, including
automated vehicle location (also known as global positioning
satellite, or " GPS" ), and mobile data collection.
Id. The patents-in-suit, according to Concaten,
" allow transportation departments' managers,
vehicle . . . operators and other personnel to monitor
current/real-time data from vehicles in the field."
Id. at 6, ¶ 12. Concaten alleges that AmeriTrak
infringes one or more claims of the patents-in-suit by
making, using, offering, providing, offering to sell, and/or
selling " an array of MDSS related products and/or
services . . . to its customers that embody the patented
systems and/or substantially rely upon the information and
data collected and transmitted via the patented
systems." Id. at 6-7, ¶ 13.
'509 Patent, which is the parent application of the other
patents-in-suit, is titled " Smart Modem Device for
Vehicular and Roadside Applications." Docket No. 7-1 at
1. Claim 1 of the '509 Patent reads:
1. A data collection and transmission system, comprising:
at least one of a sensor and user interface operable to
collect information regarding vehicle state and/or vehicle
at least one slot operable to receive a selected network
card, the at least one slot being configured to receive cards
of multiple private and/or public networks;
a plurality of sets of connection managers and monitors
corresponding to different types and/or origins of network
cards, each set comprising at least one connection manager to
interact with the corresponding network card in establishing
a connection with the corresponding wireless network and
connection monitor to monitor a state of the connection and
at least one of the connection manager and monitor of a first
set being different than a corresponding at least one of the
connection manager and monitor of a second set; and
a system manager operable to determine a type and/or origin
of network card and select and cause execution of the
corresponding connection manager and monitor set to set up a
connection with the network corresponding to the determined
type and/or origin of network card.
Id. at 23.
'705 Patent is titled " Maintenance Decision Support
System and Method." Docket No. 7-2 at 1. Claim 1 of the
'705 Patent reads:
1. A method, comprising:
(a) receiving over a wireless cellular network, from a
plurality of snow maintenance vehicles and by a server, a
plurality of sets of collected information, each of the
collected sets of information comprising a snow maintenance
vehicle physical location and at least one of weather and
road conditions in an area of the respective snow maintenance
(b) processing, by the server, the received collected
information to (i) provide a map associated with a physical
location of a selected snow maintenance vehicle and (ii)
determine an instruction for an ...