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This case was last updated from PACER on 06/07/2021 at 09:36:33 (UTC).

Positiontech, LLC v. Carnival Corporation

Case Summary

On April 08, 2021, Positiontech LLC ("Positiontech" or “Plaintiff”), represented by Ryan Matthew Clancy of Ainsworth & Clancy, PLLC, filed an intellectual property lawsuit against Carnival Corporation (“Carnival” or “Defendant”), seeking damages, expenses and cost for allegedly unlawfully infringing Positional Information Management System. This case was filed in the U.S. District Court for the Southern District of California with Judge Kathleen M. Williams presiding. 

 

The Plaintiff alleged that “Positiontech is the assignee and owner of the right, title and interest in and to the '384 and '317 patents, including the right to assert all causes of action arising under said patents and the right to any remedies for infringement of them. On June 13, 2006, U.S. Patent No. 7,061,384 (the "'384 patent"), entitled "Positional Information Management System," was duly and lawfully issued by the U.S. Patent and Trademark Office. On November 15, 2005, U.S. Patent No. 6,965,317 (the "'317 patent"), entitled "Positional Information Management System," was duly and lawfully issued by the U.S. Patent and Trademark Office.”

 

In its complaint, the Plaintiff alleged that, “Defendant is liable for infringement of at least claim 1 of the '384 patent by making, using, importing, offering for sale, and/or selling, positional information management systems, including, but not limited to, Ocean Medallion paired with Ocean Compass (the "Accused Instrumentality"), because each and every element is met either literally or equivalently. Upon information and belief, Defendant installed, used and tested the Accused Instrumentality in the United States, directly infringing one or more claims of the '384 patent. The Accused Instrumentality satisfies each and every element of each asserted claim of the '384 patent, either literally or under the doctrine of equivalents.”

 

The Plaintiff further alleged that, “Defendant is liable for infringement of at least claim 1 of the '317 patent by making, using, importing, offering for sale, and/or selling, positional information management systems, including, but not limited to, Ocean Medallion paired with Ocean Compass (collectively, the "Accused Instrumentality"), because each and every element is met either literally or equivalently. Upon information and belief, Defendant installed, used and tested the Accused Instrumentality in the United States, directly infringing one or more claims of the '317 patent. The Accused Instrumentality satisfies each and every element of each asserted claim of the '317 patent, either literally or under the doctrine of equivalents.”



There are two claims for relief laid down by the Plaintiff. The first claim is for the alleged infringement of U.S. patent no. 7,061,384, and the second claim is for alleged infringement of U.S. patent no. 6,965,317. 

 

In its prayer for relief, the Plaintiff has requested the court for an adjudication that the Defendant has infringed the '384 and '317 patents, an award of damages to be paid by Defendant adequate to compensate Positiontech for Defendant's past infringement of the '384 and '317 patents and any continuing or future infringement through the date such judgment is entered, including interest, costs, expenses and an accounting of all infringing acts including, but not limited to, those acts not presented at trial, a declaration that this case is exceptional under 35 U.S.C. § 285, an award of Positiontech's reasonable attorneys' fees, and an award to Positiontech of such further relief at law or in equity as the Court deems just and proper.

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    1:21-CV-21361

  • Filing Date:

    04/08/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Intellectual Property - Patent

  • Court:

    U.S. District Courts

  • Courthouse:

    Florida Southern District

Judge Details

Presiding Judges

Kathleen M. Williams

Darrin P. Gayles

 

Party Details

Plaintiff

Positiontech, LLC

Defendant

Carnival Corporation

Attorney/Law Firm Details

Plaintiff Attorneys

Ryan Matthew Clancy

Attorney at Ainsworth & Clancy, PLLC

1111 Brickell Ave., Suite 1100

Miami, FL 33131

Richard C. Weinblatt

Attorney at Stamoulis & Weinblatt LLC

800 N. West Street, Third Floor

Wilmington, DE 19801

Defendant Attorney

Diana Marie Fassbender

Attorney at Orrick

1152 15Th Street Nw

Washington, DC 20005

 

Court Documents

#17

(#17) **VACATED** PAPERLESS ORDER REQUIRING JOINT SCHEDULING REPORT AND PROPOSED SCHEDULING ORDER. Pursuant to S.D. Fla. Local Rule 16.1, on or before June 1, 2021, the parties shall prepare and file a Joint Scheduling Report, as well as Certificates of Interested Parties and Corporate Disclosure Statements.The parties shall also file a Proposed Scheduling Order, adhering to the format and guidance of the attached form. If the parties deviate in any way from that format and guidance, they shall contemporaneously submit a written explanation, which provides their purported justification for each and every deviation. If the parties fail to submit such written explanation, the Court may enter a Scheduling Order that does not take into account the parties' proposed dates.Failure to comply with this Order shall be grounds for dismissal without prejudice and without further notice. Signed by Judge Darrin P. Gayles See attached document for full details. (hs01)Text Modified on 5/18/2021 per DE 18 ORDER (ail). (Entered: 05/16/2021)

#16

(#16) CERTIFICATE OF SERVICE by Positiontech, LLC re #4 Summons Issued, #1 Complaint, (Clancy, Ryan) (Entered: 05/03/2021)

#12

(#12) Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Carnival Corporation (Fassbender, Diana) (Entered: 04/29/2021)

#9

(#9) CERTIFICATION AND ORDER OF TRANSFER TO MAGISTRATE JUDGE. Magistrate Judge Chris M. McAliley no longer assigned to case. Signed by Judge Darrin P. Gayles on 4/19/2021. See attached document for full details. (ail) (Entered: 04/19/2021)

#7

(#7) ORDER TRANSFERRING CASE to Judge Darrin P. Gayles for all further proceedings, accepted and signed on 4/16/2021. Judge Kathleen M. Williams no longer assigned to case Signed by Judge Kathleen M. Williams on 4/16/2021. See attached document for full details. (ail) (Entered: 04/19/2021)

#5

(#5) ORDER OF REFERRAL AND NOTICE OF COURT PRACTICES AND PROCEDURES Signed by Judge Kathleen M. Williams on 4/15/2021. See attached document for full details. (ail) (Entered: 04/16/2021)

#4

(#16) CERTIFICATE OF SERVICE by Positiontech, LLC re #4 Summons Issued, #1 Complaint, (Clancy, Ryan) (Entered: 05/03/2021)

 

Docket Entries

  • 06/02/2021
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  • Docket(#21) PAPERLESS ORDER granting Defendant's #19 Second Consent Motion to Extend Time to Respond to Complaint. Defendant shall file a responsive pleading to Plaintiff's #1 Complaint on or before July 1, 2021. Signed by Judge Darrin P. Gayles (jsi) (Entered: 06/02/2021)

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  • 06/01/2021
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  • Docket(#20) Clerks Notice to Filer re #19 Second MOTION for Extension of Time to Respond to Complaint with Consent re #1 Complaint,. Wrong Motion Relief(s) Selected; ERROR - The Filer selected the wrong motion relief(s) when docketing the motion. The correction was made by the Clerk. It is not necessary to refile this document but future motions filed must include applicable reliefs. (ls) (Entered: 06/01/2021)

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  • 05/28/2021
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  • Docket(#19) Second Consent Motion for Extension of Time to File Response/Reply/Answer as to #1 Complaint by Carnival Corporation. Responses due by 6/11/2021 (Attachments: #1 Text of Proposed Order)(Fassbender, Diana) Modified Relief on 6/1/2021 (ls). (Entered: 05/28/2021)

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  • 05/17/2021
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  • Docket(#18) PAPERLESS ORDER vacating the Court's #17 Order entered on May 16, 2021, requiring a Joint Scheduling Report and Proposed Scheduling Order. Signed by Judge Darrin P. Gayles (jsi) (Entered: 05/17/2021)

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  • 05/16/2021
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  • Docket(#17) **VACATED** PAPERLESS ORDER REQUIRING JOINT SCHEDULING REPORT AND PROPOSED SCHEDULING ORDER. Pursuant to S.D. Fla. Local Rule 16.1, on or before June 1, 2021, the parties shall prepare and file a Joint Scheduling Report, as well as Certificates of Interested Parties and Corporate Disclosure Statements.The parties shall also file a Proposed Scheduling Order, adhering to the format and guidance of the attached form. If the parties deviate in any way from that format and guidance, they shall contemporaneously submit a written explanation, which provides their purported justification for each and every deviation. If the parties fail to submit such written explanation, the Court may enter a Scheduling Order that does not take into account the parties' proposed dates.Failure to comply with this Order shall be grounds for dismissal without prejudice and without further notice. Signed by Judge Darrin P. Gayles See attached document for full details. (hs01)Text Modified on 5/18/2021 per DE 18 ORDER (ail). (Entered: 05/16/2021)

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  • 05/03/2021
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  • Docket(#16) CERTIFICATE OF SERVICE by Positiontech, LLC re #4 Summons Issued, #1 Complaint, (Clancy, Ryan) (Entered: 05/03/2021)

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  • 04/30/2021
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  • Docket(#15) PAPERLESS ORDER granting Defendant's #13 Consent Motion to Extend Time to Respond to Complaint. Defendant shall file a responsive pleading to Plaintiff's #1 Complaint on or before June 1, 2021. Signed by Judge Darrin P. Gayles (jsi) (Entered: 04/30/2021)

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  • 04/30/2021
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  • Docket(#14) Clerks Notice to Filer re #13 Consent MOTION for Extension of Time to Respond to Complaint . Wrong Motion Relief(s) Selected; ERROR - The Filer selected the wrong motion relief(s) when docketing the motion. The correction was made by the Clerk. It is not necessary to refile this document but future motions filed must include applicable reliefs. (ls) (Entered: 04/30/2021)

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  • 04/29/2021
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  • Docket(#13) Consent Motion for Extension of Time to File Response/Reply/Answer as to #1 Complaint by Carnival Corporation. Responses due by 5/13/2021 (Attachments: #1 Text of Proposed Order)(Fassbender, Diana) Modified Relief on 4/30/2021 (ls). (Entered: 04/29/2021)

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  • 04/29/2021
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  • Docket(#12) Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Carnival Corporation (Fassbender, Diana) (Entered: 04/29/2021)

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1 More Docket Entries
  • 04/23/2021
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  • Docket(#10) MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Richard C. Weinblatt. Filing Fee $ 200.00 Receipt # AFLSDC-14632915 by Positiontech, LLC. Responses due by 5/7/2021 (Attachments: #1 Exhibit Certification, #2 Text of Proposed Order Proposed order)(Clancy, Ryan) (Entered: 04/23/2021)

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  • 04/19/2021
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  • Docket(#9) CERTIFICATION AND ORDER OF TRANSFER TO MAGISTRATE JUDGE. Magistrate Judge Chris M. McAliley no longer assigned to case. Signed by Judge Darrin P. Gayles on 4/19/2021. See attached document for full details. (ail) (Entered: 04/19/2021)

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  • 04/19/2021
  • Docket(#8) NOTICE OF COURT PRACTICE. Unless otherwise specified by the Court, every motion shall be double-spaced in Times New Roman 12-point typeface. Multiple Plaintiffs or Defendants shall file joint motions with co-parties unless there are clear conflicts of position. If conflicts of position exist, parties shall explain the conflicts in their separate motions. Failure to comply with ANY of these procedures may result in the imposition of appropriate sanctions, including but not limited to, the striking of the motion or dismissal of this action. Signed by Judge Darrin P. Gayles (jsi) (Entered: 04/19/2021)

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  • 04/19/2021
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  • Docket(#7) ORDER TRANSFERRING CASE to Judge Darrin P. Gayles for all further proceedings, accepted and signed on 4/16/2021. Judge Kathleen M. Williams no longer assigned to case Signed by Judge Kathleen M. Williams on 4/16/2021. See attached document for full details. (ail) (Entered: 04/19/2021)

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  • 04/16/2021
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  • Docket(#6) Notice of Pending, Refiled, Related or Similar Actions by Positiontech, LLC (Attachments: #1 Exhibit Exhibit A) (Clancy, Ryan) (Entered: 04/16/2021)

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  • 04/16/2021
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  • Docket(#5) ORDER OF REFERRAL AND NOTICE OF COURT PRACTICES AND PROCEDURES Signed by Judge Kathleen M. Williams on 4/15/2021. See attached document for full details. (ail) (Entered: 04/16/2021)

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  • 04/08/2021
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  • Docket(#4) Summons Issued as to Carnival Corporation. (jas) (Entered: 04/08/2021)

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  • 04/08/2021
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  • Docket(#3) FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK (Attachments: #1 Complaint and Exhibits) (jas) (Entered: 04/08/2021)

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  • 04/08/2021
  • Docket(#2) Clerks Notice of Judge Assignment to Judge Kathleen M. Williams. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Chris M. McAliley is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (jas) (Entered: 04/08/2021)

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  • 04/08/2021
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  • Docket(#1) COMPLAINT against Carnival Corporation. Filing fees $ 402.00 receipt number AFLSDC-14589748, filed by Positiontech, LLC. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Summon(s) Summons, #6 Civil Cover Sheet Civil Cover Sheet)(Clancy, Ryan) (Entered: 04/08/2021)

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