PBSC Urban Solutions v. Motivate Int'l - Complaint
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Transcript of PBSC Urban Solutions v. Motivate Int'l - Complaint
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docks, and electronic locking systems are used in public bicycle sharing systems for cities and
municipalities in Canada, the United States (including this District), and abroad.
5. Defendant, Motivate International Inc. (“Motivate”), formerly known as Alta
Bicycle Share, Inc., is a Delaware corporation with its principal place of business located at 5202
3rd Avenue, Brooklyn, New York 11232. Motivate delivers, installs and operates public bicycle
sharing systems in municipalities in the United States and abroad.
6. Defendant, NYC Bike Share LLC (“NYC Bike Share”), is a New York limited
liability company with its principal place of business located at 5202 3rd Avenue, Brooklyn,
New York 11232. NYC Bike Share is a subsidiary of Motivate. NYC Bike Share operates Citi
Bike, New York City’s public bicycle sharing system.
The Patents in Suit
7. On June 23, 2009, the United States Patent and Trademark Office (the “PTO”)
duly and legally issued U.S. Design Patent No. D594,787 (the “’787 Patent”), entitled “Bicyle.”
Plaintiff is the owner, by assignment, of all right, title, and interest to the ’787 Patent. A copy of
the ’787 Patent is attached as Exhibit A to this Complaint.
8. On July 7, 2009, the PTO duly and legally issued U.S. Design Patent No.
D595,618 (the “’618 Patent”), entitled “Bicyle Rack.” Plaintiff is the owner, by assignment, of
all right, title, and interest to the ’618 Patent. A copy of the ’618 Patent is attached as Exhibit B
to this Complaint.
9. On November 22, 2011, the PTO duly and legally issued U.S. Patent No.
8,061,499 (the “’499 Patent”), entitled “Method and Apparatus for Securing a Movable Item to a
Structure.” Plaintiff is the owner, by assignment, of all right, title, and interest to the ’499
Patent. A copy of the ’499 Patent is attached as Exhibit C to this Complaint.
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10. On September 25, 2012, the PTO duly and legally issued U.S. Patent No.
8,272,491 (the “’491 Patent”), entitled “Method and Apparatus for Securing a Movable Item to a
Structure.” Plaintiff is the owner, by assignment, of all right, title, and interest to the ’491
Patent. A copy of the ’491 Patent is attached as Exhibit D to this Complaint.
Background Facts
11. Plaintiff developed the source code and software (the “Software”) used to operate
the payment kiosks and bicycle docks for public bicycle sharing systems. The Software is
proprietary and confidential to Plaintiff. The Software allows Plaintiff to control the kiosks and
bicycle docks remotely.
12. In 2014, Plaintiff supplied equipment and services, including Software and spare
parts for bike-sharing bicycles, modular bicycle docks, and payment kiosks to Alta Bicycle
Share, Inc. for the public bicycle sharing system in New York City.
13. In or around October 2014, REQX Ventures, LLC (REQX) approached Plaintiff
regarding a potential business relationship, requesting information concerning Plaintiff’s
capabilities and services, including Plaintiff’s bike-sharing bicycles, modular bicycle docks,
payment kiosks, and Software.
14. Pursuant to a non-disclosure agreement with REQX, Plaintiff disclosed
information concerning its products and Software to REQX.
15. In or around October 2014, REQX acquired Alta Bicycle Share, which
subsequently changed its name to Motivate.
16. In or around April 1, 2015, Motivate ceased using Plaintiff’s Software, and
Plaintiff lost remote control over the kiosks and bicycle docks in the public bicycle share system
in New York City.
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COUNT I – INFRINGEMENT OF U.S. PATENT NO. 8,061,499
17. Plaintiff re-alleges each and every allegation set forth in Paragraphs 1 through 16,
and incorporates them herein by reference.
18. Motivate and NYC Bike Share have been and are still infringing the ’499 Patent
by making, using, selling, importing, exporting or offering to sell in the United States, bike share
bicycles and bike share bicycle racks, which embody, incorporate or otherwise practice the
claimed inventions.
19. To the extent that Motivate and NYC Bike Share have continued and still
continue their infringing activities after receiving notice of the ’499 Patent, such infringement is
willful, entitling Plaintiff to the recovery of treble damages pursuant to 35 U.S.C. § 284. In
addition, this is an exceptional case, justifying an award of attorneys’ fees and costs to Plaintiff
pursuant to 35 U.S.C. § 285.
20. As a direct and proximate result of Motivate’s and NYC Bike Share’s
infringement of the ’499 Patent, Plaintiff has been and continues to be damaged in its business
and property, including the loss of revenues in an amount to be determined at trial.
21. Motivate and NYC Bike Share have caused damage by their acts of infringement
of the ’499 Patent, and Motivate and NYC Bike Share will cause additional damages and
irreparable harm unless the Court enjoins Motivate and NYC Bike Share from continuing such
infringing acts and initiating such acts in the future.
COUNT II – INFRINGEMENT OF U.S. PATENT NO. 8,272,491
22. Plaintiff re-alleges each and every allegation set forth in Paragraphs 1 through 21,
and incorporates them herein by reference.
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23. Motivate and NYC Bike Share have been and are still infringing the ’491 Patent
by making, using, selling, importing, exporting or offering to sell in the United States, bike share
bicycles and bike share bicycle racks, which embody, incorporate or otherwise practice the
claimed inventions.
24. To the extent that Motivate and NYC Bike Share have continued and still
continue their infringing activities after receiving notice of the ’491 Patent, such infringement is
willful, entitling Plaintiff to the recovery of treble damages pursuant to 35 U.S.C. § 284. In
addition, this is an exceptional case, justifying an award of attorneys’ fees and costs to Plaintiff
pursuant to 35 U.S.C. § 285.
25. As a direct and proximate result of Motivate’s and NYC Bike Share’s
infringement of the ’491 Patent, Plaintiff has been and continues to be damaged in its business
and property, including the loss of revenues in an amount to be determined at trial.
26. Motivate and NYC Bike Share have caused damage by their acts of infringement
of the ’491 Patent, and Motivate and NYC Bike Share will cause additional damages and
irreparable harm unless the Court enjoins Motivate and NYC Bike Share from continuing such
infringing acts and initiating such acts in the future.
COUNT III – INFRINGEMENT OF U.S. DESIGN PATENT NO. D594,787
27. Plaintiff re-alleges each and every allegation set forth in Paragraphs 1 through 26,
and incorporates them herein by reference.
28. Without Plaintiff’s authorization, Motivate and NYC Bike Share have
manufactured, have had manufactured on their behalf, have offered for sale, and/or have sold in
the United States a bicycle (the “Infringing Bicycle”) with a design that is covered by the ’787
Patent. Figure 4 of the ’787 Patent is shown below next to a photograph of the Infringing
Bicycle.
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The ’787 Patent The Infringing Bicycle
29. Motivate and NYC Bike Share have been and are still infringing the ’787 Patent
within the meaning of 35 U.S.C. § 271.
30. Motivate and NYC Bike Share are, and have been, aware of the ’787 Patent.
31. Motivate and NYC Bike Share are, and have been, aware of Plaintiff’s contention
that Motivate’s and NYC Bike Share’s aforementioned activities involving the Infringing
Bicycle infringe the ’787 Patent.
32. To the extent that Motivate and NYC Bike Share have continued and still
continue their infringing activities after receiving notice of the ’787 Patent, such infringement is
willful, entitling Plaintiff to the recovery of treble damages pursuant to 35 U.S.C. § 284. In
addition, this is an exceptional case, justifying an award of attorneys’ fees and costs to Plaintiff
pursuant to 35 U.S.C. § 285.
33. As a direct and proximate result of Motivate’s and NYC Bike Share’s
infringement of the ’787 Patent, Plaintiff has been and continues to be damaged in its business
and property, including the loss of revenues in an amount to be determined at trial.
34. Motivate and NYC Bike Share have caused damage by their acts of infringement
of the ’787 Patent, and Motivate and NYC Bike share will cause additional damages and
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irreparable harm unless the Court enjoins Motivate and NYC Bike Share from continuing such
infringing acts and initiating such acts in the future.
COUNT IV – INFRINGEMENT OF U.S. DESIGN PATENT NO. D595,618
35.
Plaintiff re-alleges each and every allegation set forth in Paragraphs 1 through 34,
and incorporates them herein by reference.
36. Without Plaintiff’s authorization, Motivate and NYC Bike Share have
manufactured, have had manufactured on their behalf, have offered for sale, and/or have sold in
the United States a bicycle rack (the “Infringing Bicycle Rack”) with a design that is covered by
the ’618 Patent. Figures 1 and 2 of the ’618 Patent are shown below next to photographs of the
Infringing Bicycle Rack.
The ’618 Patent The Infringing Bicycle Rack
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The ’618 Patent The Infringing Bicycle Rack
37.
Motivate and NYC Bike Share have infringed and continue to infringe the ’618
Patent within the meaning of 35 U.S.C. § 271.
38. Motivate and NYC Bike Share are, and have been, aware of the ’618 Patent.
39. Motivate and NYC Bike Share are, and have been, aware of Plaintiff’s contention
that Motivate’s and NYC Bike Share’s aforementioned activities involving the Infringing
Bicycle Rack infringe the ’618 Patent.
40. To the extent that Motivate and NYC Bike Share have continued and still
continue their infringing activities after receiving notice of the ’618 Patent, such infringement is
willful, entitling Plaintiff to the recovery of treble damages pursuant to 35 U.S.C. § 284. In
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addition, this is an exceptional case, justifying an award of attorneys’ fees and costs to Plaintiff
pursuant to 35 U.S.C. § 285.
41. As a direct and proximate result of Motivate’s and NYC Bike Share’s
infringement of the ’618 Patent, Plaintiff has been and continues to be damaged in its business
and property, including the loss of revenues in an amount to be determined at trial.
42. Motivate and NYC Bike Share have caused damage by their acts of infringement
of the ’618 Patent, and Motivate and NYC Bike share will cause additional damages and
irreparable harm unless the Court enjoins Motivate and NYC Bike Share from continuing such
infringing acts and initiating such acts in the future.
Prayer for Relief
WHEREFORE, by reason of the foregoing, Plaintiff respectfully requests that this Court
enter judgment against Defendants Motivate International Inc. and NYC Bike Share, LLC that:
A. Defendants have infringed the ’499 Patent, ’491 Patent,’787 Patent and ’618
Patent;
B. Defendants, their officers, agents, servants, employees, and attorneys, and those
persons in active concert or participation with them, be preliminarily and/or permanently
enjoined from infringing the ’499 Patent, ’491 Patent, ’787 Patent and ’618 Patent, pursuant to
35 U.S.C. § 283;
C. Defendants pay damages adequate to compensate for the infringement of the ’499
Patent and ’491 Patent, including interest and costs, pursuant to 35 U.S.C. § 284;
D. Defendants pay damages adequate to compensate for the infringement of the the
’787 Patent and ’618 Patent or an award of Defendants’ profits from its infringement pursuant to
35 U.S.C. § 289, whichever is greater, including interests and costs;
E. trebling of damages for willful infringement pursuant to 35 U.S.C. § 284;
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F. a finding by the Court that this case is exceptional under 35 U.S.C. § 285; and
G. Plaintiff is granted such other and further relief as the Court may deem just and
proper.
JURY DEMAND
Pursuant to Federal Rule of Civil Procedure 38(b), Plaintiff, PBSC Urban Solutions
hereby demand a trial by jury on all issues triable of right by jury.
Dated: November 6, 2015 Respectfully submitted,
/s/ Danielle Anne Phillip
Danielle Anne Phillip (DP-2295)BRINKS GILSON & LIONE
NBC Tower - Suite 3600
455 North Cityfront Plaza DriveChicago, Illinois 60611
Phone: (312) 321-4200
Fax: (312) 321-4299E-mail: [email protected]
James R. Sobieraj (of counsel)
BRINKS GILSON & LIONE NBC Tower - Suite 3600455 North Cityfront Plaza Drive
Chicago, Illinois 60611
Phone: (312) 321-4200
Fax: (312) 321-4299E-mail: [email protected]
Attorneys for Plaintiff PBSC Urban Solutions
Case 1:15-cv-06398 Document 1 Filed 11/06/15 Page 10 of 10 PageID #: 10
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S 44 (Rev. 1/2013) CIVIL COVER SHEETThe JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, excep
rovided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for theurpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)
. (a) PLAINTIFFS DEFENDANTS
(b) County of Residence of First Listed Plaintiff County of Residence of First Listed Defendant
(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OFTHE TRACT OF LAND INVOLVED.
(c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known)
I. BASIS OF JURISDICTION (Place an “X” in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for(For Diversity Cases Only) and One Box for Defendant
’ 1 U.S. Government ’ 3 Federal Question PTF DEF PTF
Plaintiff (U.S. Government Not a Party) Citizen of This State ’ 1 ’ 1 Incorporated or Principal Place ’ 4
of Business In This State
’ 2 U.S. Government ’ 4 Diversity Citizen of Another State ’ 2 ’ 2 Incorporated and Principal Place ’ 5
Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State
Citizen or Subject of a ’ 3 ’ 3 Foreign Nation ’ 6
Foreign Country
V. NATURE OF SUIT (Place an “X” in One Box Only)CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES
’ 110 Insurance PERSONAL INJURY PERSONAL INJURY ’ 625 Drug Related Seizure ’ 422 Appeal 28 USC 158 ’ 375 False Claims Act
’ 120 Marine ’ 310 Airplane ’ 365 Personal Injury - of Property 21 USC 881 ’ 423 Withdrawal ’ 400 State Reapportionm
’ 130 Miller Act ’ 315 Airplane Product Product Liability ’ 690 Other 28 USC 157 ’ 410 Antitrust
’ 140 Negotiable Instrument Liability ’ 367 Health Care/ ’ 430 Banks and Banking
’ 150 Recovery of Overpayment ’ 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS ’ 450 Commerce & Enforcement of Judgment Slander Personal Injury ’ 820 Copyrights ’ 460 Deportation
’ 151 Medicare Act ’ 330 Federal Employers’ Product Liabi lity ’ 830 Patent ’ 470 Racketeer Influence
’ 152 Recovery of Defaulted Liability ’ 368 Asbestos Personal ’ 840 Trademark Corrupt Organizatio
Student Loans ’ 340 Marine Injury Product ’ 480 Consumer Credit
(Excludes Veterans) ’ 345 Marine Product Liability LABOR SOCIAL SECURITY ’ 490 Cable/Sat TV’ 153 Recovery of Overpayment Liability PERSONAL PROPERTY ’ 710 Fair Labor Standards ’ 861 HIA (1395ff) ’ 850 Securities/Commod
of Veteran’s Benefits ’ 350 Motor Vehicle ’ 370 Other Fraud Act ’ 862 Black Lung (923) Exchange
’ 160 Stockholders’ Suits ’ 355 Motor Vehicle ’ 371 Truth in Lending ’ 720 Labor/Management ’ 863 DIWC/DIWW (405(g)) ’ 890 Other Statutory Act
’ 190 Other Contract Product Liability ’ 380 Other Personal Relations ’ 864 SSID Title XVI ’ 891 Agricultural Acts
’ 195 Contract Product Liability ’ 360 Other Personal Property Damage ’ 740 Railway Labor Act ’ 865 RSI (405(g)) ’ 893 Environmental Matt
’ 196 Franchise Injury ’ 385 Property Damage ’ 751 Family and Medical ’ 895 Freedom of Informa
’ 362 Personal Injury - Product Liability Leave Act Act Medical Malpractice ’ 790 Other Labor Litigation ’ 896 Arbitration
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS ’ 791 Employee Retirement FEDERAL TAX SUITS ’ 899 Administrative Proc
’ 210 Land Condemnation ’ 440 Other Civil Rights Habeas Corpus: Income Security Act ’ 870 Taxes (U.S. Plaintiff Act/Review or Appe
’ 220 Foreclosure ’ 441 Voting ’ 463 Alien Detainee or Defendant) Agency Decision
’ 230 Rent Lease & Ejectment ’ 442 Employment ’ 510 Motions to Vacate ’ 871 IRS—Third Party ’ 950 Constitutionality of
’ 240 Torts to Land ’ 443 Housing/ Sentence 26 USC 7609 State Statutes
’ 245 Tort Product Liability Accommodations ’ 530 General
’ 290 All Other Real Property ’ 445 Amer. w/Disabilities - ’ 535 Death Penalty IMMIGRATION
Employment Other: ’ 462 Naturalization Application’ 446 Amer. w/Disabilities - ’ 540 Mandamus & Other ’ 465 Other Immigration
Other ’ 550 Civil Rights Actions
’ 448 Education ’ 555 Prison Condition
’ 560 Civil Detainee -
Conditions of
Confinement
V. ORIGIN (Place an “X” in One Box Only)
’ 1 OriginalProceeding
’ 2 Removed fromState Court
’ 3 Remanded fromAppellate Court
’ 4 Reinstated or Reopened
’ 5 Transferred fromAnother District(specify)
’ 6 MultidistrictLitigation
VI. CAUSE OF ACTION
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
Brief description of cause:
VII. REQUESTED INCOMPLAINT:
’ CHECK IF THIS IS A CLASS ACTIONUNDER RULE 23, F.R.Cv.P.
DEMAND $ CHECK YES only if demanded in complaint
JURY DEMAND: ’ Yes ’ No
VIII. RELATED CASE(S)IF ANY
(See instructions):JUDGE DOCKET NUMBER
DATE SIGNATURE OF ATTORNEY OF RECORD
FOR OFFICE USE ONLY
RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE
Case 1:15-cv-06398 Document 1-1 Filed 11/06/15 Page 1 of 2 PageID #: 11
PBSC Urban Solutions
Outside U.S.
Brinks Gilson & Lione, NBC Tower - Suite 3600, 455 North CityfrontPlaza Drive, Chicago, IL 60611Tel.: (312) 321-4200
Motivate International Inc. and NYC Bike Share, LLC
Kings
35 USC 1 et seq.
Infringement of utility and design patents
1/06/2015 /s/ Danielle Anne Phillip
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Local Arbitration Rule 83.10 provides that with certain exceptions, actions seeking money damages only in an amount not in excess of $150,000,
exclusive of interest and costs, are eligible for compulsory arbitration. The amount of damages is presumed to be below the threshold amount unless
certification to the contrary is filed.
I, ______________________, counsel for __________________, do hereby certify that the above captioned civil action isineligible for compulsory arbitration for the following reason(s):
monetary damages sought are in excess of $150,000, exclusive of interest and costs,
the complaint seeks injunctive relief,
the matter is otherwise ineligible for the following reason
DISCLOSURE STATEMENT - FEDERAL RULES CIVIL PROCEDURE 7.1
Identify any parent corporation and any publicly held corporation that owns 10% or more or its stocks:
RELATED CASE STATEMENT (Section VIII on the Front of this Form)
Please list all cases that are arguably related pursuant to Division of Business Rule 50.3.1 in Section VIII on the front of this form. Rule 50.3.1 (a)
provides that “A civil case is “related” to another civil case for purposes of this guideline when, because of the similarity of facts and legal issues or because the cases arise from the same transactions or events, a substantial saving of judicial resources is likely to result from assigning both cases to
same judge and magistrate judge.” Rule 50.3.1 (b) provides that “ A civil case shall not be deemed “related” to another civil case merely because the
case: (A) involves identical legal issues, or (B) involves the same parties.” Rule 50.3.1 (c) further provides that “Presumptively, and subject to the po
of a judge to determine otherwise pursuant to paragraph (d), civil cases shall not be deemed to be “related” unless both cases are still pending before
court.”
NY-E DIVISION OF BUSINESS RULE 50.1(d)(2)
1.) Is the civil action being filed in the Eastern District removed from a New York State Court located in Nassau or Suffolk County:_________________________
2.) If you answered “no” above:a) Did the events or omissions giving rise to the claim or claims, or a substantial part thereof, occur in Nassau or Suffolk County?_________________________
b) Did the events or omissions giving rise to the claim or claims, or a substantial part thereof, occur in the EasternDistrict?_________________________
If your answer to question 2 (b) is “No,” does the defendant (or a majority of the defendants, if there is more than one) reside in NassauSuffolk County, or, in an interpleader action, does the claimant (or a majority of the claimants, if there is more than one) reside in Nassor Suffolk County?______________________
(Note: A corporation shall be considered a resident of the County in which it has the most significant contacts).
BAR ADMISSION
I am currently admitted in the Eastern District of New York and currently a member in good standing of the bar of this court.Yes No
Are you currently the subject of any disciplinary action (s) in this or any other state or federal court?Yes (If yes, please explain) No
I certify the accuracy of all information provided above.
Signature:____________________________________________
CERTIFICATION OF ARBITRATION ELIGIBILITY
Case 1:15-cv-06398 Document 1-1 Filed 11/06/15 Page 2 of 2 PageID #: 12
Danielle Anne Phillip PBSC Urban Solutions
PBSC Urban Solutions, hereby certifies that it is not a publicly-held company, that no parent companyis a publicly-held company, and that no publicly-held company owns 10% or more of its stock .
No
No
Yes
No
/s/ Danielle Anne Phillip
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AO 440 (Rev. 06/12) Summons in a Civil Action
U NITED STATES DISTRICT COURTfor the
__________ District of __________
)
)))))))))))
Plaintiff(s)
v. Civil Action No.
Defendant(s)
SUMMONS IN A CIVIL ACTION
To: (Defendant’s name and address)
A lawsuit has been filed against you.
Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney,whose name and address are:
If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.You also must file your answer or motion with the court.
CLERK OF COURT
Date:Signature of Clerk or Deputy Clerk
DOUGLAS C. PALMER
Case 1:15-cv-06398 Document 1-2 Filed 11/06/15 Page 1 of 2 PageID #: 13
Eastern District of New York
PBSC Urban Solutions,
1:15-cv-6398
Motivate International Inc. and NYC Bike Share, LLC,
Motivate International Inc.5202 3rd AvenueBrooklyn, NY 11232
James R. SobierajDanielle Anne PhillipBrinks Gilson & LioneNBC Tower - Suite 3600455 North Cityfront Plaza DriveChicago, IL 60611
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AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)
Civil Action No.
PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))
This summons for (name of individual and title, if any)
was received by me on (date) .
’ I personally served the summons on the individual at (place)
on (date) ; or
’ I left the summons at the individual’s residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on (date) , and mailed a copy to the individual’s last known address; or
’ I served the summons on (name of individual) , who is
designated by law to accept service of process on behalf of (name of organization)
on (date) ; or
’ I returned the summons unexecuted because ; or
’ Other (specify):
.
My fees are $ for travel and $ for services, for a total of $ .
I declare under penalty of perjury that this information is true.
Date:Server’s signature
Printed name and title
Server’s address
Additional information regarding attempted service, etc:
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1:15-cv-6398
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AO 440 (Rev. 06/12) Summons in a Civil Action
U NITED STATES DISTRICT COURTfor the
__________ District of __________
)
)))))))))))
Plaintiff(s)
v. Civil Action No.
Defendant(s)
SUMMONS IN A CIVIL ACTION
To: (Defendant’s name and address)
A lawsuit has been filed against you.
Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney,whose name and address are:
If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.You also must file your answer or motion with the court.
CLERK OF COURT
Date:Signature of Clerk or Deputy Clerk
DOUGLAS C. PALMER
Case 1:15-cv-06398 Document 1-3 Filed 11/06/15 Page 1 of 2 PageID #: 15
Eastern District of New York
PBSC Urban Solutions,
1:15-cv-6398
Motivate International Inc. and NYC Bike Share, LLC,
NYC Bike Share, LLC5202 3rd AvenueBrooklyn, NY 11232
James R. SobierajDanielle Anne PhillipBrinks Gilson & LioneNBC Tower - Suite 3600455 North Cityfront Plaza DriveChicago, IL 60611
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AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)
Civil Action No.
PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))
This summons for (name of individual and title, if any)
was received by me on (date) .
’ I personally served the summons on the individual at (place)
on (date) ; or
’ I left the summons at the individual’s residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on (date) , and mailed a copy to the individual’s last known address; or
’ I served the summons on (name of individual) , who is
designated by law to accept service of process on behalf of (name of organization)
on (date) ; or
’ I returned the summons unexecuted because ; or
’ Other (specify):
.
My fees are $ for travel and $ for services, for a total of $ .
I declare under penalty of perjury that this information is true.
Date:Server’s signature
Printed name and title
Server’s address
Additional information regarding attempted service, etc:
Case 1:15-cv-06398 Document 1-3 Filed 11/06/15 Page 2 of 2 PageID #: 16
1:15-cv-6398
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EXHIBIT A
Case 1:15-cv-06398 Document 1-4 Filed 11/06/15 Page 1 of 11 PageID #: 17
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I lll lllllll Ill
lllll llllll llll
lllll lllll lllll
lllll llll
lllllll llH
c12)
United States Design Patent
Dallaire
(54)
BICYCLE
(75) Inventor:
Michel Dallaire,
Montreal (CA)
(73) Assignee: Societe En Commandite
Stationnement
De
Montreal, Montreal,
Quebec (CA)
c••)
Term: 14 Years
(21) Appl. No.: 29/319,352
(22) Filed:
Jun.6,2008
(51)
LOC
(9)
CI. . ................................................
12-11
(52) U.S.
CI ..................................................... Dl2/ll l
(58) Field of Classification Search ................ Dl2/l ll ,
Dl2/117,
110, 119; 280/274-280, 283-288,
280/281.1, 288.1-288.4, 202, 214, 215, 223;
180/219, 220, 205-207, 65.1--65.6
See application file for complete search history.
(56)
References Cited
U.S. PATENT DOCUMENTS
D253,102
s ..
D291 ,292 s ..
D386,723 s ..
5,841,351 A
7,114,738 Bl
D574,756
s •
D578,440 s
7,471,
191
B2
2004/0188976 Al
2006/0116132
Al
2006/0145446 Al
2007/0158949
Al
2007/0220933 Al
2007/0239465 Al
2008/0018440 Al
2008/0027794 Al
2008/0297108 Al
10/ 1979 Hahn .......... .. ............ D 12/111
8/1987 Smith et al. .... ..... ...... . D 12/111
11/1997 Fujieda .... .................. Dl2/110
11/1998 Rey
10/2006 Chen
8/2008 Masui et al ............... Dl2/111
1012008 Giugiaro
1212008 Le Gars
9/2004 Schmider
6/2006 Le Gars
7 2006 Schmider
7/2007 Le Gars
et
al.
9/2007 Gagosz et al.
10/2007 Le Gars et al.
112008
Aulbers et al.
1/2008 Le Gars et al.
1212008 Le Gars
FOREIGN PATENT DOCUMENTS
EP
EP
0985596
1902934
312000
312008
USOOD594787S
(10)
Patent No.: US
D594,787 S
**
Jun.23,2009
45)
Date
o
Patent:
FR 2837460 9/2003
WO 1997030884 8/1997
WO
199809254 3/1998
WO 2005001781
112005
WO
2006021650 3/2006
WO 2006024738
3/2006
WO
2006095092 912006
WO
2006120328 11/2006
OfHER PUBLICATIONS
LaPointe, Automatic Bicycle Service (Bicycle), University Design
Project, DELIA 2008 Exposition For Industrial Design Graduates,
May 2008, Universite de Montreal.
Vezina, Automatic Bicycle Service (Rental Station), University
Design Porject, DELIA 2008 Exposition For Industrial Design
Graduates, May 2008, Univerisite de Montreal.
(Continued)
Primary
Examiner Robin
V Webster
Assistant Examiner Linda Brooks
(74) Attorney, Agent, or Firm-Nixon Peabody LLP;
Alexandre Abecassis
(57)
CLAIM
The ornamental design for a bicycle, as shown and described.
DESCRIPTION
FIG. 1 is a front perspective view of a bicycle showing
my
new design;
FIG. 2 is a rear perspective view thereof;
FIG. 3 is a left side elevation view thereof;
FIG. 4 is a right side elevation view thereof;
FIG. 5 is a top plan view thereof;
FIG. 6 is a bottom plan view thereof;
FIG. 7 is a front elevation view thereof; and,
FIG. 8 is a rear elevation view thereof.
The portions shown
in
broken lines do not form part of
the
claimed design.
1 Claim, 7 Drawing Sheets
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US
D594,787 S
Page2
OTHER PUBLICATIONS
Khairallah, Method and Apparatus for Securing a MovableItem to a
Structure, Unpublished U.S. Appl. No. 61/041, 162, Filing date; Apr.
23, 2008.
Mercat, Session 12: Implementing Sustainable Transport - Public
Bike Services, Presentation, Eur opean Conference on Mobility Man
agement, London, Jun. 5, 2008.
Altermodal, Les systemes de velos en libre-service, Presentation,
Lille (France), Jan. 10, 2007.
Benedict, Building an Automated Community Bike Program Project
Sumamry, Hampshire College Division i l l Project, http://redjar.org/
jared/projects/communitybike/summary/,May 5, 2002.
Bicincitta, Solutions For Sustainable Mobility, Publicity Brochure,
Jun. 4, 2008.
Effia, Velo'+ (Bike-sharing program), http://www.agglo-veloplus.fr/,
Orleans, France, Oct. 2007.
Jcdecaux, Cyclocity (Bike sharing program), Janus
De
l'Industrie
2006 (Award), http://www.institutfrancaisdudesign.com/Popups/
Diaporama/art246.htm, I n s t i t u t F r a n ~ a i s du Design, Paris, France,
2006.
B:SM, bicing (Bike-sharing program), http://www.bsmsa.es/
mobilitat/en/index.php? option=com_content&task=view&id"'6
&Itemid=7, Barcelona, Spain,
Mar.
2007.
*
cited
by
examiner
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U.S.
Patent Jun.23,2009
Sheet 1
of7
US
D594,787 S
,...
•
-
.
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U.S.
Patent Jun.23, 2009
Shee
t 2 of7
US
D594,787 S
---- -- .....
C\I
.
~
-
L.
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U.S. Patent
Jun.23,2009
Sheet 3 of7
US D594,
78
7 S
CV
•
( J
-
L
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U.S. Patent
Jun.23,2009
Sheet4
of7
US DS94,
787 S
'\#-
•
C J
--
L.
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U.S.
Patent
Jun.23,2009
Sheet 5 of7
US D594,
787
S
LO
•
CJ
-
..
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U.S. Patent
Jun
.2
3,2009
Sheet 6of7
US
D594,787 S
co
•
J
-
L
l _)
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U.S. Patent
Jun.23,2009
Sheet
7of7
US D594,
787
S
co
•
- - - - - - - - . . ,
~
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EXHIBIT B
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1 2 ) United
States
Design Patent 1 0 )
P a t e n t N 0 . :
D a l l a i r e
USO0D595618S
US
D 5 9 5 , 6 1 8
S
( 5 4 )
BICYCLE RACK
( 7 5 )
I n v e n t o r :
M i c h e l D a l l a i r e , M o n t r e a l ( C A )
( 7 3 )
A s s i g n e e : S o c i é t é
en
commandite S t a t i o n n e m e n t
d e
M o n t r é a l ,
M o n t r é a l ( C A )
( * * )
T e r m :
1 4 Years
( 2 1 )
A p p l . N o . :
2 9 / 3 1 9 , 3 6 4
( 2 2 )
F i l e d : J u n .
6 ,
2 0 0 8
51) LOC 9 ) Cl. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-11
52 )
US l .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
.
D12/115
58)
Field of Classi?cation Sea rch . . . . . . . . . . . . . .
.
D12/115,
D 1 2 / 1 2 0 , 4 0 1 , 4 0 0 ; 2 1 1 / 5 ,1 7 * 2 2 ; 3 1 2 / 1 0 0 ,
3 1 2 / 2 3 7 , 2 1 5 , 2 2 3 . 1 ; 5 2 / 3 6 1 , 3 6 . 2 ,
3 8 ;
D 2 5 / 1 ,
D 2 5 / 1 6 ,
3 3 ;
D 6 / 3 9 9 , 4 4 9 ;
1 8 0 / 2 . 2 , 6 5 . 1 ,
1 8 0 / 6 5 2 ;
3 6 2 / 1 3 3 ,
1 4 5 ,
2 5 3 ;
D 2 6 / 5 1 ; D 1 3 / 1 0 1 ,
D 1 3 / 1 0 2 , 1 8 4 , 1 9 9
S e e a p p l i c a t i o n ? l e f o r c o m p l e t e s e a r c h h i s t o r y .
( 5 6 ) R e f e r e n c e s C i t e d
U . S . PATENT
DOCUMENTS
3,827,773
A 8/1974 Aiello . . . . . . . . . . . . . . . . . . . . . . . . 312/100
3,949,528
A 4/1976 HaItger
e t a l .
. . . .
. . 52/79.1
D266 557 S *
10/1982
Smith . . . . . . . . . . . . . . . . . . . . . .
. .
Dl2/ll5
5 , 3 2 3 , 9 1 5
A 6 / 1 9 9 4 F o r t u n e e t a 1 .
D361 539
S * 8/1995
M a t l a g a . . . . . . . . . . . . . . . . . . .
. .
D12/115
D361 742 S * 8/1995
M a t l a g a
. . . . . . . . . . . . . . . . . . . . . D12/115
5 , 8 4 1 , 3 5 1 A 1 1 / 1 9 9 8
Rey
5 , 9 1 7 , 4 0 7
A 6 / 1 9 9 9 S q u i r e e t
a 1 .
6 , 2 5 7 , 4 1 9 B1 7 / 2 0 0 1 K a m y s i a k
6,718,697 B2
4/2004
Voorhees
. . . . . . . . . . . . . . . . . .
.
52/79.4
7 , 4 7 1 , 1 9 1 B2
1 2 / 2 0 0 8
Le
G a r s
2007/0158949 A1 7/2007 Le Gars t
a l .
2007/0220933
A1
9 / 2 0 0 7
GagosZ t a l .
2007/0239465 A1
10/2007
Le Gars t a l .
2008/0027794
A1
1 / 2 0 0 8 Le
Gars
t a l .
2008/0297108 A1 1 2 / 2 0 0 8 Le Gars
CA
CA
FOREIGN
PATENT DOCUMENTS
2091726
2226325
9 / 1 9 9 4
1 / 1 9 9 7
( 4 5 )
Date
o f
P a t e n t : * 9 : J u l . 7 , 2009
EP
1902934
3/2008
FR
2837460
9 / 2 0 0 3
WO 199809254 3/1998
WO
199730884
8 / 1 9 9 8
WO
200154080
7 / 2 0 0 1
WO 2005001781 l / 2 0 0 5
WO
2005049417
6 / 2 0 0 5
WO 2006021650 3/2006
WO
2006024738
3/2006
WO 2006095092 9/2006
WO 2006120328 l l / 2 0 0 6
OTHER PUBLICATIONS
V e Z i n a ,
A u t o m a t i c
B i c y c l e S e r v i c e ( R e n t a l S t a t i o n ) , DELIA 2 0 0 8
E x p o s i t i o n F o r I n d u s t r i a l D e s i g n G r a d u a t e s , May 0 0 8 , U n i v e r s i t e
d e
M o n t r e a l .
( C o n t i n u e d )
P r i m a r y ExamineriRobin
V e b s t e r
A s s i s t a n t ExamineriLinda Brooks
( 7 4 ) A t t o r n e y , A g e n t , o r F i r m i A l e x a n d r e A b e c a s s i s ;
F a s k e n
M a r t i n e a u DuMoulin LLP
( 5 7 )
CLAIM
The o r n a m e n t a l d e s i g n f o r
a
b i c y c l e r a c k , a s shoWn and
d e s c r i b e d .
DESCRIPTION
F I G .
1 i s
a
f r o n t p e r s p e c t i v e vieW o f
a
b i c y c l e
r a c k
showing
my
eW
d e s i g n i n v e n t i o n ;
F I G .
2
i s a r e a r p e r s p e c t i v e vieW t h e r e o f ;
F I G . 3 i s a f r o n t e l e v a t i o n
vieW
t h e r e o f ;
FIG. 4
i s a r e a r e l e v a t i o n
vieW
t h e r e o f ;
F I G .
5
i s
a
r i g h t s i d e
e l e v a t i o n
v i e W t h e r e o f ;
F I G . 6 i s a l e f t s i d e e l e v a t i o n vieW t h e r e o f ;
F I G. 7 i s a t o p p l a n v i e W
t h e r e o f ;
a n d ,
F I G . 8 i s a bottom l a n vieW t h e r e o f .
1 C l a i m , 7
Drawing
S h e e t s
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US D 5 9 5 , 6 1 8
S
P a g e
2
OTHER PUBLICATIONS
K h a i r a l l a h , Method
and p p a r a t u s f o r S e c u r i n g
a
Movable I t e m t o
a
S t r u c t u r e , U n p u b l i s h e d U . S . A p p l .
N o .
6 1 / 0 4 7 , 1 6 2 , F i l i n g
d a t e : A p r .
2 3 ,
2 0 0 8 .
M e r c a t , S e s s i o n 1 2 :
Implementing
S u s t a i n a b le T r a n s p o r t - P u b l i c
B i k e
S e r v i c e s ,
E u r o p e a n
C o n f e r e n c e
o n
M o b i l i t y
M a n a g e m e n t , Lon
d o n ,
J u n .
5 ,
2 0 0 8 .
A l t e r m o d a l ,
L e s s y s t e m e s d e v e l o s e n l i b r e - s e r v i c e ,
P r e s e n t a t i o n ,
L i l l e
( F r a n c e ) ,
J a n .
1 0 ,
2 0 0 7 .
B e n e d i c t , B u i l d i n g a n A u t o m a t e d
Community
i k e
P r o g r a m P r o j e c t
S u m m a r y , H a m p s h i r e C o l l e g e D i v i s i o n I I I P r o j e c t , h t t p : / / r e d j a r o r g /
j a r e d / p r o j e c t s / c o m m u n i t y b i k e / s u m m a r y / , May , 2 0 0 2 .
B i c i n c i t t a , S o l u t i o n s F o r S u s t a i n a b l e
M o b i l i t y , P u b l i c i t y
B r o c h u r e ,
J u n . 4 , 2 0 0 8 .
B z S M , B i c i n g ( B i k e - s h a r i n g p r o g r a m ) ,
h t t p : / / W W W b s m s a e s /
m o b i l i t a t / e n / i n d e X . p h p ? o p t i o n : c o m i c o n t e n t t a s k q l i e w i d : 6
I t e m i d : 7 , B a r c e l o n a ,
S p a i n ,
M a r .
2 0 0 7 .
E f ? a , V é l o ’ + ( B i k e - s h a r i n g p r o g r a m ) , h t t p s : / / W W W . a g g l o - v e l o p l u s .
f r / ,
O r l é a n s , F r a n c e , O c t .
2 0 0 7 .
J c d e c a u x ,
C y c l o c i t y ( B i k e s h a r i n g P r o g r a m ) , J a n u s De
l ’ I n d u s t r i e
2 0 0 6
( A w a r d ) ,
h t t p : / / W W W . i n s t i t u t f r a n c a i s d u d e s i g n . c o m / P o p u p s /
D i a p o r a m a / a r t 2 4 6 . h t m , I n s t i t u t F r a n c a i s d u D e s i g n , P a r i s ,
F r a n c e ,
2 0 0 6 .
*
c i t e d by
examiner
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US. Patent J u l . 7 ,
2 0 0 9
S h e e t
1
o f 7
US D595,618
S
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US. Patent J u l . 7 ,
2 0 0 9
S h e e t 2 o f 7
US D595,618
S
i } :/ / / / / / / / / / / / / /
Q E I E
“
F I G . 2
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US. Patent J u l . 7 ,
2 0 0 9
S h e e t 3 o f 7
US D595,618
S
F | G . 3
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US. Patent J u l . 7 ,
2 0 0 9
S h e e t 4 o f 7
US D595,618
S
A R T “ :
A m i
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US. Patent J u l . 7 ,
2 0 0 9
S h e e t 5 o f 7
US D595,618
S
F I G . 5
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US. Patent J u l . 7 ,
2 0 0 9
S h e e t 6 o f 7
US D595,618
S
F I G . 6
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US. Patent J u l . 7 ,
2 0 0 9
S h e e t 7 o f 7
US D595,618
S
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EXHIBIT C
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02)
United States
Patent
Khairallah et al.
(54) METHOD AND APPARATUS
FOR
SECURING
A MOVABLE ITEM TO A STRUCTURE
(75) Inventors: Charles Ibrahim Khairallah, Montreal
(CA); Michel Dallaire, Montreal (CA)
(73) Assignee: Societe
de
Velo En Libre-Service,
Lachine (CA)
(
*)
Notice: Subject to any disclaimer, the term of his
patent is extended
or
adjusted under 35
U.S.C. 154(b) by 189 days.
(21) Appl. No.: 12/417,108
(22) Filed:
(65)
Apr. 2,2009
Prior
Publication Data
US 2009/0266673 Al
Oct. 29, 2009
Related U.S. Application
Data
(60) Provisional application No. 61/047,162, filedonApr.
23, 2008.
(51) Int. CI.
G07F 7100
(2006.01)
(52) U.S.
Cl ..........
.... 194/211; 70/233; 70/234; 70/262;
340/432; 211/5; 211117; 248/551
(58) Field
of
Classification Search ............ ...... 194/205,
(56)
194/210--213, 904; 340/5.6, 432; 211/5,
211/13.1, 17-22; 248/551-553; 70/233-236,
70/262-265
See application file for complete search history.
References
Cited
U.S. PATENT DOCUMENTS
5,323,915 A
5,611,638 A •
5,841,351 A •
5,917,407 A
6,384,717
Bl
7,434,674
Bl
7,748,511 Bl •
611994 Fortune, Sr. et al.
3/1997
Dorr et al ......................
403/327
11/1998 Rey ............. .................. 340/432
6/1999 Squire
et al.
5/2002 DeVolpi
10/2008 Bain
7/2010 Maher ........................... 194/205
2005/0044908 Al *
3/2005
Min
................................ 70/276
106
;
524
510
106_/
506
1000
540
542
1004
1002
I llll llllllll
Ill
lllll lllll llll lllll llll
US008061499B2
(10) Patent No.: US 8,061,499 B2
Nov. 22, 201145) Date of Patent:
2006/0283219
Al
•
2007/0220933 Al
2008/0018440
Al
200810297108
Al
2009/0201127 Al
2009/0240575
Al
2010/0228405 Al•
12/2006 Bendz et al .... ................. 701431
9/2007 Gagosz
et
al.
1/2008 Aulbers et al.
12/2008
Le
Gars
8/2009 Stobbe et al.
9/2009 Bettez et al.
9/2010 Morga
et
al ..................... 70112
FOREIGN PATENT DOCUMENTS
EP
0985596 3/2000
(Continued)
OTHER PUBLICATIONS
Benedict, Building
an
Automated Communit y Bike Program Project
Summary, Hampshi re College Division Ill Project, http://redjar.o:rg/
jared/projects/communitybike/summary/,
May
5 2002, pp. 13-15.
Primary Examiner -
Jeffrey Shapiro
(74) Attorney, Agent, or Firm - Pearl Cohen Zedek Latz.er,
LLP
(57)
ABSTRACT
An
electronic lock for removably securing a movable item to
a structure, the electronic lock comprising first and second
complementary cooperating connecting members, each
beingfixedlymountedtoarespectiveoneofthemovableitem
and the structure and being engageable together in a lockable
position; and a securing assembly for securing the first and
second connecting members together when engaged in
the
lockable position, the securing assembly comprising a mov
able locking member operatively associated to the first con
necting member, a locking aperture defined in the second
connecting member, the locking aperture being adapted for
receiving the movable locking memb er when the connecting
members are engaged together in the lockable position; an
actuator operatively coupled to the movable locking member
for actuating the movable locking member between an
unlocked position enabling disengagement
of
the first and
second connecting members and a locked position wherein
the movable locking member engages the locking aperture,
and electronic control means for controlling selective actua
tion
of
the movable locking member.
37
Claims,
21
Drawing
Sheets
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EP
FR
GB
JP
JP
KR
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FOREIGN PATENT DOCUMENTS
2093718
2837460
2327069
2008137640
2008191922
20090091841
9809254
8/2009
9/2003
111999
6/2008
8/2008
8/2009
3/1998
US
8,061,499 B2
Page2
WO 0154080
WO 2005001781
WO 2006021650
WO 2006120328
WO 200815744 3
WO 2009080566
' cited by examiner
7/2001
1/2005
3/2006
ll/2006
12/2008
7/2009
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U.S. Patent
100
~ 1 2 8
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126
Sheet 1 of21
US 8,061,499 B2
FIG.1
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Providing an electronic lock for securing a
movable item to a structure
Engaging the first and second connecting
members together in
the lockable position
US 8,061,499 B2
1500
1502
Actuating the locking member to the locked 1504
position
FIG.15
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Sheet 21 of
21
Providing an electronic lock for securing a
bicycle to a bicycle rack
Guiding the male connector towards the
lockable position
Engaging the first and second connecting
members together in the lockable position
Holding the first and second connecting
members engaged together in the lockable
position
Monitoring a positioning of the first and
second connecting members
in
the
lockable position
Identifying the bicycle to provide an
identification thereof
Actuating the locking membei to the locked
position
FIG.16
US
8,061,499 B2
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1602
1604
1606
1608
1610
1612
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1
METHOD AND APPARATUS FOR SECURING
A MOVABLE ITEM
TO
A
STRUCTURE
CROSS REFERENCE TO RELATED
APPLICATION
The present application cJaims priority from U.S. provi
sional patent application Ser. No. 61/047,162 filed Apr. 23,
2008, the specification of which is herein incorporated by
reference.
FIELD
OF
THE INVENTION
The
invention relates
to
Jocking systems. More precisely,
the invention pertains to
an
electronic lock for securing a
movable item to a structure and an associated method.
BACKGROUND OF THE INVENTION
Securing a moveable item
to a structure is of great interest
for various applications. For instance, it may be desirable to
secure a vehicle to a fixed structure. This may be particularly
advantageous
in
applications where
the
vehicle is to
be
rented
for a given amount oftime.
More specifically, there has been inrecent years a rise in the
popularity
of
automated rental systems for vehicles such as
bicycles for example. Such a system generally comprises
an
automated rental station from whi ch a user may rent a bicycle
for a given amount of time.
In such a system, a bicycle to be rented is generally remov
ably secured to a bicycle rack
by
means of a Jocking mecha
nism. A user may selectively unsecure a nd secure again the
bicycle from the bicycle rack in certain circumstances, for
instance after paying a given fee and/or providing a personal
identification code.
Such rental systems generaJly comprise a plurality ofrental
stations located in different public locations, making them
likely targets
of
acts of vandalism from malevolent individu
als. Their robustness is thus an important element
of
a suc
cessful rental system.
For example, U.S. Pat. No. 5,917,407, granted to Squire,
discJoses
an
automated bicycJe renting station wherein the
bicycle rackcomprises a locking mechanis m having a hookor
latch member. This
hook or
latch member is designed
to
selectively pivot around
an
axle to engage a rod
or
a keeper
mounted
on
the bicycJe to
be
secured, thereby effectively
securing the bicycle to·the renting station.
2
There is therefore a need for a method and an apparatus that
will overcome
at
least oneof he above mention ed drawbacks.
BRIEF SUMMARY
There is provided
an
electronic
lock
for removably secur
ing a movable item to a structure, the electronic Jock com
prising first and second complementary cooperating connect
ing members, each being fixedly mounte d to a respective one
lO
of
the movable item and the structure and being engageable
together in a lockable position, and a securing assembly for
securing the first
and
second connecting members together
when engaged in he lockable position, the securing assembly
15
comprising a movable Jocking member operatively associ
ated to the first connecting member, a locking aperture
defined in the second connecting member, the locking aper
ture being adapted for receiving the movable Jocking member
when the connecting members are engaged together in the
20
lockable position, an actuator operatively c oupled to the mov
able Jocking member for actuating the movabl e Jockingmem
ber between an unlocked position enabling disengagement
of
the first and second connecting members and a locke d posi
tion wherein the movable Jocking member engages the lock-
25 ing aperture andelectronic control me ans operatively coupled
to the actuator for controlling selective actuation of he mov
able Jocking member from the unlocked position to the locked
positionand from the Jocked position to the unlocked position
when the connecting members are engaged together in the
30 lockable position.
In
one embodiment, the first connecting member com
prises a female connector mounted to the structure and the
second connecting member comprises a corresponding
complementary male connector mounted to the movable
35
item.
In another embodiment, the second connecting member
comprises a male connector having a front tapered portion,
the tapered portion comprising two opposed side surfaces
converging towards each other
and
a bottom surface, the first
40 connecting member comprising a female connector having a
recess adapted for receiving the front tapered portion therein,
the recess comprising a corresponding tapered portion having
two opposed inner side walls converging towards each other
and two opposed sitting members projecting inwards the
45 recess and adapted for slidably receiving thereon the tapered
portion of he male connector.
Such a station may be subject to vandalism. Indeed, a
malicious pers on may tug at the bicycJe engaged in the rent
ing station, using the latch as a lever and the axle as a pivot
point to bend the latch out of shape
or
damage the keeper
and
50
free
the
bicycle from the renting station without paying the
given fee.
In
a further embodiment, each of the two opposed side
surfaces and the bottom surface of he front tapered portionof
the male connector comprises a planar surface.
In
another embodiment, the two opposed side surfaces of
the front tapered portion
of
the male connector define a
V-shape an d the corresponding inner side walls
of
he tapered
portion
of
he recess
of
he female connector define a comple
mentary V-shape adapted to snuggly receive the front tapered
Other locking systems for bicycles have also been pro
posed in the
art.
However, such systems are stiJI prone
to
property damage and theft
of
bicycles and
may
thus cause
great financial harm to operators
of
such bicycle renting sys
tems.
55 portion
of
the male connector.
Moreover, in some bicycle rental systems, unsecuring a
bicycle from a bicycle rental station involves lifting the
bicycle
or
otherwise manipulating the bicycJe such that a 60
great physical effort is required from a user
of
the bicycle
rental system. This activity is inconvenient for the user and
may lead to injuries.
Furthermore,
in
some bicycle rental systems, the task of
guiding the bicycle towards thebicycJerack for ti).epurposeof 65
securing the bicycle to the bicycle rack may be arduous and
inconvenient for a user.
In yet another embodiment, each of he two opposed side
surfaces of the front tapered portion of
the
male connector
comprises a substantially vertical planar surface and eac h of
the two opposed inner side waJls of he tapered portion of
he
recess of he female connector comprises a substantially ver
tical plana r surface.
In yet another embodiment,
the
second connecting mem
ber comprises a locking finger extending downwardly from
the
front tapered portion, the locking aperture being provided
on
the
locking finger.
In a further embodiment, the recess
of he
female connector
further comprises two opposed lower inner side walls con-
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3
verging towards each other and defining a finger channel
adapted for receiving the Jocking finger therein.
In one embodiment, the male connector further comprises
a back portion and a hinge extending between the front
tapered portion
and
the back portion for enabling a jointed
coupling therebetween.
In
one embodiment, the electronic lock further comprises
holding means adapted for cooperating with each
of
he con
necting members for temporarily holding the connecting
members together in the lockable position once engaged
10
therein.
In a further embodiment, the holding means comprise a
pair of wo opposed biased elements mounted to a respective
one of he first and second connecting members, each of he
biased elements having a resting position wherein the ele-
15
ment is urged outwardly and protrudes from the correspond
ing connecting member, the holding means further compris
ing a pair of corresponding cooperating opposed receiving
recesses mounted to the remaining connecting member, each
of
the receiving recesses being adapted to receive therein a
20
corresponding biased element when the first and second con
necting members are engaged in the lockable position,
thereby holding the connecting members together in the lock
able position.
Inanother further embodiment, each
of
he biased elements 25
comprises a ball and a ball spring mounted in a ball housing,
each
of
the receiving recesses comprising a corresponding
spherical portion.
In yet another further embodiment, each
of
the biased
elements is mounted on the connecting member mounted to
30
the structure and eachof he receiving recesses is mounted
on
the connecting member mounted to the movable item.
In yet a further embodiment, the connecting member
mounted to the structure comprises a female connector and
the connecting member mounted to the movable item com- 35
prises a male connector.
4
and second connecting members in the lockable positionand
identification
of
the associated movable item.
In yet a further embodiment, the identification tag com
prises an RFID tag and the identification reader comprises
an
RFID reader mounted to the structure.
In one embodiment, the electronic control means comprise
unsecuring means for enabling an actuating
of
the movable
Jocking member from the locked position to the unlocked
position, the unsecuring means being selected from a group
consisting of a card reader adapted for receiving a corre
sponding user card, a keypad adapted for receiving a user
code and a bar code reader adapted for reading a correspond
ing bar code.
In another embodiment, the movable locking member
comprises an elongated member axially translatable between
the unlocked position and the locked position, the locking
member being engaged at both ends in the
first
connecting
member through the Jocking aperture when in the locked
position.
In a further embodiment, the actuator comprises a motor
and a shaft driven by the motor, the shaft being attached
to
the
movable locking member for driving the movable locking
member between the unlocked position and the locked posi
tion.
In yet a further embodiment, the securing assembly further
comprises shaft position detecting means for monitoring a
position of
the shaft to thereby monitor a position
of
the
movable locking member.
In yet a further embodiment, the shaft position detecting
means comprise an optical detector and a mechanical detec
tor, each
of
the detectors being adapted for detecting the
position
of
he shaft and an associated positionof he movable
locking member in the locked position.
In one embodiment, the movable item comprises a bicycle
and the structure comprises a bicycle rack.
In a further embodiment, the bicycle rack is a part of a
bicycle rental station.none embodiment, the securing assembly comprises posi
tion detecting means mounted to one of the first and second
connecting members for detecting a positioning
of
the first
and second connecting members i n the lockable position.
In another further embodiment, the connecting member
mounted on the bicycle comprises attaching means for fixedly
40
attaching the connecting member to a fork of the bicycle.
In another embodiment, the securing assembly comprises
position detecting means mounted to the female connector for
detecting a positioning of the first
and
second connecting
members
in
the lockable position, the position detecting
means being adapted for detecting a positioning of he Jock-
45
ing finger in the finger channel.
In one embodiment, the securing assembly further com
prises position detecting means mounted to one of the first
and second connecting members for detec ting a positioning
In yet a further embodiment, the attaching means comprise
a pair of cylindrical holes extending through the connecting
member mounted on the bicycle, the pair of cylindrical holes
being adapted to fixedly receive the fork
of
the bicycle
therein.
In
one embodiment, the movable item comprises a vehicle
selected from a group consisting
of
a stroller, a wheelchair,
an
all-terrain vehicle, a scooter and a boat.
According to one embodiment, there is provided an elec
tronic Jock for removably securing a movable item to a struc
ture, the electronic lock comprising an elongated male con
nector fixedly mounted to the movable item and comprising a
Jocking aperture, a female connector fixedly mounted to the
structure and adapted for removably receiving therein the
of
the first and second connecting member in the lockable 50
position, the electronic control means being adapted for
selectively actuating the actuator to move the movable lock
ing member from the unlocked position to the locked position
upon detection of the positioning of the first and second
connecting member in the lockable position.
In another embodiment, the securing assembly further
comprises position detecting means mounted to one
of
the
first and second connecting members for detecting a position
ing
of
he first and second connecting member in the lockable
position, an identification tag associated with the movable
60
item and an identification reader for identifying the identifi
cation tag and the associated movable item when the first and
second connectors are engaged in the lockable position.
55
elongated male connector and a securing assembly associated
to the female connector, the securing assembly comprising a
movable locking member displaceable between an unlocked
position for allowing the female connector to receive therein
In a further embodiment, the electronic control means are
adapted for selectively actuating the actuator to move the
65
movable locking member from the unlocked position to the
Jocked position upon detection
of
the positioning of the first
the elongated male connector and a locked position, an actua
tor for causing displacement of he locking member between
the unlocked position and the Jocked position and electronic
control means coupled to the actuator for controlling dis
placementof he locking member between the unlocked posi
tion and the locked position, wherein when the elongated
male connector is received in the female connector, the elec
tronic control means controls the actuator for causing the
locking member to displace towards the locked position and
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US 8,061,499 B2
5
to engage the locking aperture, thereby securing the elon
gated male connector in the female connector.
According to another aspect, there i s provided a method for
removably securing a movable item to a structure.
6
Accordingly, the method comprises providing an elec
tronic lock for removably securing the movable item to the
structure, the electronic lock comprising first and second
complementary cooperating connecting members, each
being fixedly mounted to a respective one
of
he movable item
and the structure and being engageable together in a lockable
position, and a securing assembly for securing the first and
second connecting members together when engaged in the
lockable position, the securing assembly comprising a mov
able locking member operatively associated to the first con
necting member, a locking aperture defined in the second
connecting member, the locking aperture being adapted for
receiving the movable locking member when the connecting
members are engaged together in the lockable position, an
actuator operatively coupled to the movable locking member
for actuating the movable locking member between an
unlocked position enabling disengagement of the first and
second connecting members and a locked position wherein
the movable locking member engages the locking aperture
and electronic control means operatively coupled to the 25
actuator for controlling selective actuation
of
the movable
locking member from the unlocked position to the locked
position and from the locked position to the unlocked position
when the connecting members are engaged together in the
lockable position; engaging the first and second connecting
30
members together in the lockable position and actuating the
locking member to the locked position so that the locking
member engages the locking aperture, thereby securing the
movable item to the structure.
Accordingly, the kit comprises first and second comple
mentary cooperating connecting members, each being fix
edly mountable to a respective one of he movable item and
the structure and being engageable together
in
a lockable
position, and a securing assembly for securing the first and
second connecting members together
when
engaged in the
lockable position, the securing assembly comprising a mov
able locking member operatively associatable to the first con
necting member, a locking aperture defined
in
the second
10
connecting member, the locking aperture being adapted for
receiving the movable locking member when the connecting
members are engaged together in the lockable position, an
actuator operatively couplable to the movable locking mem-
In one embodiment, the method further comprises moni
toring a positioning of the first and second connecting mem
bers in the lockable position before actuating the locking
member.
15 ber for actuating the movable locking member between an
unlocked position enabling disengagement
of
the first and
second connecting members and a locked position wherein
the movable locking member engages the locking aperture
and electronic control means operatively couplable to the
20
actuator for controlling selective actuation of the movable
locking member from the unlocked position to the locked
position and from the locked position to the unlocked position
when the connecting members are engaged together in the
lockable position.
BRIEF DESCRIPTION OF THE DRAWINGS
In order that the invention may be readily understood,
embodiments of the invention are illustrated by way of
example in the accompanying drawings.
FIG.1 is a rear perspective view ofa bicycle rack having an
electronic lock mounted thereon in accordance with one
embodiment, with a bicycle removed from the bicycle rack.
FIG. 2 is another rear perspective view of he bicycle rack
35
shown in FIG.1.
FIG.3 is a front perspective view
of
he bicycle rack shown
in FIG.1.
In another embodiment, the method further comprises
identifying the movable item before actuating the locking 40
member.
FIG. 4 is a rear perspective view
of
he bicycle secured to
the bicycle rack using the electronic lock shown in FIG.
1.
FIG. 4A is an enlarged view
of
he electronic lock shown in
FIG.4.
In yet another embodiment, engaging the first and second
connecting members together
in
the lockable position com
prises guiding the connecting member mounted to the mov
able item towards the lockable position.
FIG. SA is a front perspective view ofan electronic lock for
removably securing a movable item to a structure, in accor-
45
dance with one embodiment.
In yet another embodiment, engaging the first and second
connecting members together in the lockable position com
prises holding the first and second connecting members
engaged in the lockable position.
In yet another embodiment, the method further comprises, 50
before actuating the locking member, detecting a positioning
of the first and second connecting members i n the lockable
position and identifying the movable item to providean
iden
tification thereof, wherein, inthe actuating, the locking mem
ber is actuated to the locked position upon detection
of
the
55
positioning
of
he first and second connecting members in the
lockable position and the identification
of
the movable item.
In a further embodiment, identifying comprises a radio
frequency identification.
In one embodiment, the method further comprises request- 60
ing a user identification and actuating the locking member to
the unlocked position for unsecuring the movable item upon
reception
of
the user identification.
FIG. SB is a right perspective view of the electronic lock
shown in FIG. SA.
FIG. SC is a right perspective view of another electronic
lock for removably securing a movable item to a structure.
FIG. 6 is a right perspective view
of
the electronic lock
shownin FIG. SB wherein the male connectoris engaged with
the female connector.
FIG. 7 is a bottom perspective view of he electronic lock
shown in FIG. 6.
FIG. BA is a left side elevation view
of
the electronic lock
shown in FIG. 6.
FIG. 8B is a top plan view of the electronic lock shown in
FIG.6.
FIG. 8C is a right side elevation view of he electronic lock
shown in FIG.
6.
FIG. 8D is a front elevation view of the electronic lock
shown in FIG.
6.
In another embodiment, the movable item comprises a
bicycle and the structure comprises a bicycle rack.
FIG. 9 is a 3Dperspectiveview, cross-sectioned along lines
65 AA-AA of FIG. 6,
of
the electronic lock shown
in
FIG.
6.
According to another aspect, there is provided a kit for
removably securing a movable item to a structure.
FIG. 10 is a rear elevation view
of
the electronic lock
shown in FIG. 6.
Case 1:15-cv-06398 Document 1-6 Filed 11/06/15 Page 27 of 37 PageID #: 64
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8/20/2019 PBSC Urban Solutions v. Motivate Int'l - Complaint
65/109
US 8,061 ,499 B2
7
8
FIG. l lA is a front elevation view, cross-sectioned along member comprises a corresponding complementary male
lines
AA-AA
of FIG. 6, of the electroni c Jock
shown in
FIG. connector 108 mounted to the bicycle 104, as bet ter shown
in
6, wherein the
male
connector is unsecured from the female FIG. 2.
connector. As it will be more clearly detailed thereinafter, the male
FIG. l lB is another front elevation view, cross-sectioned connector 108 and the female connector 106 are engageable
along lines
AA-AA of
FIG. 6,
of he
electronic Jock shown in together
in
a lockable position.
FIG. 6 wherein
the
male
connector
has
been
secured in
the In he
embodiment
shown
in FIGS. 1to3, the bicycl