Fleet Connect Solutions LLC v. Penske Automotive Group, Inc. et al

On May 9, 2023, Fleet Connect Solutions LLC (“Plaintiff”), represented by Carey Matthew Rozier, James Francis McDonough III, Jonathan L. Hardt, Travis E. Lynch, and Jonathan R. Miller of Rozier Hardt Mcdonough PLLC, filed an intellectual property lawsuit against Penske Automotive Group, Inc., Penske Truck Leasing Co., L.P., and Penske Logistics LLC (collectively, “Defendants”), seeking permanent injunctive relief with damages for alleged infringement of U.S. patents owned by the plaintiff. This case was filed in the U.S. District Court for the Eastern District of Texas.  

In the complaint, the plaintiff alleged, “Based upon public information, Defendants own, operate, advertise, and/or control products and services that provide and/or utilize infringing systems and/or methods manufactured by Zonar Systems, Inc. (‘Zonar’).”  

The plaintiff then alleged, “Defendants use, cause to be used, sell, offer for sale, provide, supply, or distribute one or more fleet management and tracking solutions utilizing infringing systems and/or methods manufactured by Zonar, including, but not limited to, the Zonar telematics control unit and the Zonar Ground Traffic Control platform (the ‘Accused Products’).”

Plaintiff further alleged, “Defendants use the Accused Products to perform wireless communications and methods associated with performing and/or implementing wireless communications including, but not limited to, wireless communications and methods pursuant to various communication standards, protocols, and implementations, including, but not limited to LTE, Bluetooth/IEEE 802.15, and IEEE 802.11 protocols and various subsections thereof (e.g., 802.11ac and 802.11n).”

Plaintiff also alleged, “Defendants also advertise that ‘Penske vehicles equipped with a Zonar telematics control unit (TCU) pull rich diagnostic data directly from the vehicle and deliver it to Penske professionals, who use that information to keep each vehicle in top condition through better maintenance.’”

The plaintiff then alleged, “Defendants further advertise that “The Penske 24/7 Roadside Assistance team uses the near real-time diagnostic data pulled from Zonar TCUs to identify and prioritize issues.”

Additionally, the plaintiff stated, “The wireless communications perform and/or implemented by the Accused Products, among other things, transmit data over various media, evaluate channels of multiple-input-multiple-output (MIMO) wireless communications systems, compute time slot channels, generate packets for network transmissions, perform or cause to be performed error estimation in an orthogonal frequency division multiplexed (‘OFDM’) receivers, and various methods of processing OFDM symbols.”

Plaintiff presented seven claims for relief from alleged infringement of the patents-in-suit.

In the prayer for relief, the plaintiff requested permanent injunctive relief enjoining the defendants from infringement of the patents-in-suit; and an order to account for and pay to FCS all damages to and costs incurred by FCS because of Defendants’ infringing activities. The plaintiff also requested an award of reasonable ongoing royalty for future infringement of these patents.

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