“Contrary to Park Assist’s argument, Indect’s pleadings adequately allege bad faith by pointing to a specific basis for its contention that Park Assist acted with a guilty mind.”
Source:
United States District Court Southern District of California, Indect USA Corp. v. Park Assist, LLC, ORDER DENYING DEFENDANT PARK ASSIST’S MOTION TO DISMISS (Doc.12), pg.13, line 26-27"
“Contrary to Park Assist’s argument, Indect’s pleadings adequately allege bad faith by pointing to a specific basis for its contention that Park Assist acted with a guilty mind.”
Source:
United States District Court Southern District of California, Indect USA Corp. v. Park Assist, LLC, ORDER DENYING DEFENDANT PARK ASSIST’S MOTION TO DISMISS (Doc.12), pg.13, line 26-27"
patent dispute update - August 2019 The District Court of Southern California gives INDECT the green light to pursue
its case of anticompetitive behavior and sham lawsuit again Park Assist.
United States District Judge, the Honorable Roger T. Benitez acknowledges that Park Assist has threatened Indect and its customers over alleged patent infringement.
The court further agrees that a substantial controversy exists between Indect and Park Assist and that Indect has sufficiently demonstrated that the matter warrants further investigation.
The Honorable Roger T. Benitez makes the following key points:
“Indect has adequately alleged a plausible basis for asserting that Park Assist knew Indect’s UPSOLUT system did not infringe its patent but still communicated its allegedly false claims to Indect’s current and potential customers.” p14, line 4-7
“Contrary to Park Assist’s argument, Indect’s pleadings adequately allege bad faith by pointing to a specific basis for its contention that Park Assist acted with a guilty mind.” p13, line 26-27
“The facts of this case when viewed objectively and in totality, show that Park Assist took the affirmative step of contacting Indect directly, making an implied assertion of infringement of its rights under the ‘956 patent against Indect’s UPSOLUT products, and Indect disagreed by filing suit.” p10, line 19-25
“The court is satisfied at this stage that there is declaratory judgment jurisdiction arising from a definite and concrete dispute between Park Assist and Indect, parties having adverse legal interests.” p10, line 23-25
“Park Assists own evidence demonstrates that it implicitly accused Indect of infringing Park Assist’s patent, and there is no suggestion that Park Assist ever assured Indect that it did not intend to sue Indect, itself.” p12, line 8-10
Park Assist’s Motion to Dismiss is DENIED on all counts.
If you have any additional questions regarding these matters, please email us directly at patentupdate@indectusa.com
Read the Judgement in Full.patent dispute update - August 2019 The District Court of Southern California gives INDECT the green light to pursue
its case of anticompetitive behavior and sham lawsuit again Park Assist.
United States District Judge, the Honorable Roger T. Benitez acknowledges that Park Assist has threatened Indect and its customers over alleged patent infringement.
The court further agrees that a substantial controversy exists between Indect and Park Assist and that Indect has sufficiently demonstrated that the matter warrants further investigation.
The Honorable Roger T. Benitez makes the following key points:
“Indect has adequately alleged a plausible basis for asserting that Park Assist knew Indect’s UPSOLUT system did not infringe its patent but still communicated its allegedly false claims to Indect’s current and potential customers.” p14, line 4-7
“Contrary to Park Assist’s argument, Indect’s pleadings adequately allege bad faith by pointing to a specific basis for its contention that Park Assist acted with a guilty mind.” p13, line 26-27
“The facts of this case when viewed objectively and in totality, show that Park Assist took the affirmative step of contacting Indect directly, making an implied assertion of infringement of its rights under the ‘956 patent against Indect’s UPSOLUT products, and Indect disagreed by filing suit.” p10, line 19-25
“The court is satisfied at this stage that there is declaratory judgment jurisdiction arising from a definite and concrete dispute between Park Assist and Indect, parties having adverse legal interests.” p10, line 23-25
“Park Assists own evidence demonstrates that it implicitly accused Indect of infringing Park Assist’s patent, and there is no suggestion that Park Assist ever assured Indect that it did not intend to sue Indect, itself.” p12, line 8-10
Park Assist’s Motion to Dismiss is DENIED on all counts.
If you have any additional questions regarding these matters, please email us directly at patentupdate@indectusa.com
Read the Judgement in Full.Welcome to INDECT’s Patent Update Section
This is a dedicated noticeboard where you can access up-to-date, accurate information regarding the current parking guidance patent dispute. There has been a lot of confusion regarding the current litigation involving Park Assist’s US Patent No. 9,594,956. In the interests of open communication and complete transparency we are happy to provide you with a brief overview of the facts, a summary of the patent dispute and quick links to the relevant court documents.
The Facts at a glance:
- INDECT is NOT being sued by Park Assist
- Park Assist owns US Patent No. 9,594,956 (the Patent)
- INDECT does NOT breach this patent in ANY way, shape or form
- Park Assist is suing San Diego County Regional Airport Authority (San Diego Airport) and ACE Parking Management Inc for alleged breach of their patent
- San Diego Airport has moved to dismiss the case on the grounds that the Park Assist Patent is invalid.
- INDECT is suing Park Assist for anti-competitive behavior and instigating a sham lawsuit
- INDECT has been successfully installing the Upsolut camera-based system across the USA since 2013
- The INDECT Upsolut camera-based sensor is installed at 22 sites across the USA with a further 2 sites currently under construction.
- For a complete list of Frequently Asked Questions, regarding the patent infringement lawsuit, click here.
What does the Patent actually cover?
In 2017, Park Assist was granted a US Patent for a method of managing a plurality of parking spaces. The Park Assist patent does NOT cover the CONCEPT of camera-based parking guidance systems, it ONLY applies to a specific method of managing a plurality of parking spaces:
This method has 10 steps that need to be followed and, among other things, relies on human correction of system occupancy determinations by:
- Visually analyzing a thumbnail image of a parking space identified as occupied on a computer screen;
- Deciding that parking space is actually vacant and the system status is in error; and
- Manually input instructions to a computer to correct the status of the parking space to vacant and therefore update the color of the space indicator to indicate the space is vacant.
Click here to see what the Park Assist Patent actually covers. Refer to pages 28 and 29 in this document. It is in this last section of the patent that describes the legal protection provided by the patent.
In summary: In order to infringe the Park Assist patent, a customer must do each step in the claimed process. If any step of the process is missed, then the patent is not infringed.
The bottom line: INDECT parking guidance technology DOES NOT and CANNOT infringe the Park Assist patent because it is completely automated and does not rely on human intervention for accuracy. It is therefore impossible for INDECT technology to infringe the Park Assist patent.
Timeline of legal action
Quick links to the latest patent updates, filings and key court decisions.
August 2019
Park Assist Files Answer to INDECT USA’s Amended Declaratory Relief and Damages Complaint.
San Diego County Regional Airport Authority & ACE Parking Management Request for 'Motion to Dismiss' is Denied. Read More
Park Assist 'Motion to Dismiss' denied. Case against Park Assist for sham litigation and unfair competition will proceed. Read More
April 2019
Park Assist files opposition to Ace Parking Management’s Motion for Rule 11 Sanctions.
ACE Parking Submits Reply Brief RE: Motion to Rule 11 Sanctions Against Park Assist.
Read MoreMarch 2019
ACE Parking Management files Rule 11 asserting that the Park Assist legal team did not carry out the required due diligence prior to filing their lawsuit and that it is objectively baseless (for complete Rule 11 filing contact d.fowler@indectusa.com).
November 2018
Park Assist Memorandum in support of motion to dismiss
November 2018
San Diego Airport files Notice to Dismiss Park Assist action on the grounds that US Patent No. 9,594,956 is invalid.
October 2018
INDECT holds public forum at NPA Convention and Expo in Las Vegas, Nevada and invites attendees to ask INDECT’s legal team any questions regarding the patent.
October 2018
INDECT files legal action against Park Assist alleging anti-competitive behavior and sham lawsuit.
October 2018
Park Assist sends letters to Atlanta Airport, MD Anderson and Holder Construction advising them of current lawsuit and threatening legal action.
October 2018
Park Assist publicizes legal action.
September 2018
Park Assist files legal action against San Diego Airport and ACE Parking Management alleging breach of patent.
June 2018
INDECT distributes information to attendees at the IPI Conference and Expo in Orlando, Florida advising that the INDECT system does NOT breach the Park Assist patent.
May 2018
INDECT receives second letter of legal advice advising non-infringement of the Park Assist patent.
October 2017
INDECT distributes information to attendees at the NPA Conference and Expo in Palm Springs, California advising that the INDECT system does NOT breach the Park Assist patent.
June 2017
INDECT sends letter to all clients confirming that the UPSOLUT does NOT breach the Park Assist patent.
May 2017
INDECT receives legal advice confirming that the UPSOLUT does NOT breach the Park Assist patent.
May 2017
Park Assist advises INDECT of patent.
March 2017
Park Assist is granted US Patent No. 9,594,956.
Court Documents
Click here to request the complete list, and copies, of all court documents. Please specify which filing document(s) in the email subject line. Thank you!
Welcome to INDECT’s Patent Update Section
This is a dedicated noticeboard where you can access up-to-date, accurate information regarding the current parking guidance patent dispute. There has been a lot of confusion regarding the current litigation involving Park Assist’s US Patent No. 9,594,956. In the interests of open communication and complete transparency we are happy to provide you with a brief overview of the facts, a summary of the patent dispute and quick links to the relevant court documents.
The Facts at a glance:
- INDECT is NOT being sued by Park Assist
- Park Assist owns US Patent No. 9,594,956 (the Patent)
- INDECT does NOT breach this patent in ANY way, shape or form
- Park Assist is suing San Diego County Regional Airport Authority (San Diego Airport) and ACE Parking Management Inc for alleged breach of their patent
- San Diego Airport has moved to dismiss the case on the grounds that the Park Assist Patent is invalid.
- INDECT is suing Park Assist for anti-competitive behavior and instigating a sham lawsuit
- INDECT has been successfully installing the Upsolut camera-based system across the USA since 2013
- The INDECT Upsolut camera-based sensor is installed at 22 sites across the USA with a further 2 sites currently under construction.
- For a complete list of Frequently Asked Questions, regarding the patent infringement lawsuit, click here.
What does the Patent actually cover?
In 2017, Park Assist was granted a US Patent for a method of managing a plurality of parking spaces. The Park Assist patent does NOT cover the CONCEPT of camera-based parking guidance systems, it ONLY applies to a specific method of managing a plurality of parking spaces:
This method has 10 steps that need to be followed and, among other things, relies on human correction of system occupancy determinations by:
- Visually analyzing a thumbnail image of a parking space identified as occupied on a computer screen;
- Deciding that parking space is actually vacant and the system status is in error; and
- Manually input instructions to a computer to correct the status of the parking space to vacant and therefore update the color of the space indicator to indicate the space is vacant.
Click here to see what the Park Assist Patent actually covers. Refer to pages 28 and 29 in this document. It is in this last section of the patent that describes the legal protection provided by the patent.
In summary: In order to infringe the Park Assist patent, a customer must do each step in the claimed process. If any step of the process is missed, then the patent is not infringed.
The bottom line: INDECT parking guidance technology DOES NOT and CANNOT infringe the Park Assist patent because it is completely automated and does not rely on human intervention for accuracy. It is therefore impossible for INDECT technology to infringe the Park Assist patent.
Timeline of legal action
Quick links to the latest patent updates, filings and key court decisions.
August 2019
Park Assist Files Answer to INDECT USA’s Amended Declaratory Relief and Damages Complaint.
San Diego County Regional Airport Authority & ACE Parking Management Request for 'Motion to Dismiss' is Denied. Read More
Park Assist 'Motion to Dismiss' denied. Case against Park Assist for sham litigation and unfair competition will proceed. Read More
April 2019
Park Assist files opposition to Ace Parking Management’s Motion for Rule 11 Sanctions.
ACE Parking Submits Reply Brief RE: Motion to Rule 11 Sanctions Against Park Assist.
Read MoreMarch 2019
ACE Parking Management files Rule 11 asserting that the Park Assist legal team did not carry out the required due diligence prior to filing their lawsuit and that it is objectively baseless (for complete Rule 11 filing contact d.fowler@indectusa.com).
November 2018
Park Assist Memorandum in support of motion to dismiss
November 2018
San Diego Airport files Notice to Dismiss Park Assist action on the grounds that US Patent No. 9,594,956 is invalid.
October 2018
INDECT holds public forum at NPA Convention and Expo in Las Vegas, Nevada and invites attendees to ask INDECT’s legal team any questions regarding the patent.
October 2018
INDECT files legal action against Park Assist alleging anti-competitive behavior and sham lawsuit.
October 2018
Park Assist sends letters to Atlanta Airport, MD Anderson and Holder Construction advising them of current lawsuit and threatening legal action.
October 2018
Park Assist publicizes legal action.
September 2018
Park Assist files legal action against San Diego Airport and ACE Parking Management alleging breach of patent.
June 2018
INDECT distributes information to attendees at the IPI Conference and Expo in Orlando, Florida advising that the INDECT system does NOT breach the Park Assist patent.
May 2018
INDECT receives second letter of legal advice advising non-infringement of the Park Assist patent.
October 2017
INDECT distributes information to attendees at the NPA Conference and Expo in Palm Springs, California advising that the INDECT system does NOT breach the Park Assist patent.
June 2017
INDECT sends letter to all clients confirming that the UPSOLUT does NOT breach the Park Assist patent.
May 2017
INDECT receives legal advice confirming that the UPSOLUT does NOT breach the Park Assist patent.
May 2017
Park Assist advises INDECT of patent.
March 2017
Park Assist is granted US Patent No. 9,594,956.
Court Documents
Click here to request the complete list, and copies, of all court documents. Please specify which filing document(s) in the email subject line. Thank you!
List of USA Upsolut Installations
- Westfield Topanga, CA
- Westfield UTC, CA
- San Diego Airport, CA
- Row Garage, IL
- MGM National Harbor, MD
- National Harbor Fleet Garage, MD
- Encore Resort, NV
- Wynn Resort, NV
- University of Oklahoma, OK
- University of Oklahoma Cross Village, OK
- Dallas Fort Worth Airport Terminal A, TX
- Dallas Fort Worth Airport Terminal D, TX
- Dallas Fort Worth Airport Terminal E, TX
- Dallas Love Airport, TX
- Houston City Center, TX
- River Oaks District, TX
- Lyric Market, TX
- MD Anderson Cancer Center, TX
- City of Berkeley, CA
List of Upsolut installations currently under construction
- Houston International Airport, TX
- Navy Pier, IL