Pearl Narang is a final year law student of B.B.A.LL.B (Hons.) at Chandigarh University, Mohali and is currently interning as a Trainee in Business World Legal Community. She is also pursuing a diploma in Contract Drafting, Negotiation and Dispute Resolution. She is passionate about both law and writing.
As reported by the Law Street Media, the complaint mentions that Uber has infringed at least claim 57 of the ’543 patent through its accused products and services. These include Uber's applications, software, and services.
For example, claim 57 of the ’543 patent protects “(a) method of operation of a server computer comprising: receiving registration information from a location-aware device; receiving information indicating visited geographic location data from the location-aware device, the visited geographic location data being data defining geographic locations collected at the location-aware device from a client-side application…”
Alleged patent infringement pertains to location aware software
According to the plaintiff, Uber has infringed this patented claim because, to hail a ride using the ride-sharing app, an individual has to “use their location-aware devices running the Uber app to facilitate a ride request.” To do this, the device’s location settings are accessed by Uber’s app where the user enters and confirms his destination, confirms his pickup location and is then matched with a driver. The user can then track their driver’s arrival on the map on the app, check the ride and begin their trip.
On the other hand, Uber’s app for drivers “is used by drivers on their own location-aware devices to receive and process on-demand ride requests from Uber riders.” Thus, this app also allegedly uses location information to operate.
Since both Uber's apps use location-aware software to function, the plaintiff claims that Uber infringed its patent.
Uber accused of direct, contributory and induced infringement
Both ’704 patent and ’543 patent claims are similar to each other; both of these involve an application with registration and a location-aware device. The complaint mentions that Uber makes use of this technology to allow users to request rides between their current location and their destination.
Thus, the plaintiff accused Uber of direct, contributory, and induced infringement. The plaintiff has also sought a declaratory judgment in its favor, an award for damages, an award for costs and fees, pre- and post-judgment interest, and other relief.
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