UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION

) CASE NO: 1:12-cv-00473 ) ) ) Plaintiff, ) JUDGE ___________________ ) vs. ) ) Jury Demand Endorsed Herein ) FFE TRANSPORTATION SERVICES, ) INC. ) c/o Statutory Agent ) CT Corporation System ) 1300 East 9th Street ) Cleveland, OH 44114, ) Defendant. ) ______________________________________________________________________________ R+L CARRIERS, INC. 600 Gillam Road Wilmington, Ohio 45177, R+L CARRIERS, INC.S COMPLAINT FOR PATENT INFRINGEMENT ______________________________________________________________________________ R+L Carriers, Inc. (R+L) states the following for its complaint against FFE Transportation Services, Inc. (FFE). Nature of the Action 1. This is an action for patent infringement in violation of 35 U.S.C. 271(a). Jurisdiction and Venue 2. This Court has original subject matter jurisdiction over this action pursuant to 28

U.S.C. 1331 and 1338(a). 3. This Court has general personal jurisdiction over FFE because of its continuous

and systematic contacts with the State of Ohio. FFE is licensed and authorized by the U.S. Department of Transportation Federal Motor Carrier Safety Administration to operate its trucking fleet within the State of Ohio.

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FFE is currently recruiting Ohio residents to serve as employees in Ohio for

various open positions, including, among others, solo drivers, team drivers, and driving trainers. FFE directs job advertisements to Ohio for the purpose of soliciting Ohio residents to apply for those positions. 5. In Cincinnati, Ohio, FFE advertises an 18-day Student Truck Driver Academy to

train potential new drivers for the purpose of soliciting Ohio residents to attend that Academy and seek employment with FFE. See Americas Job Exchange Posting, dated June 1, 2012, found at http://www.americasjobexchange.com/job-detail-print/557947173 (last visited June 12, 2012) (attached hereto as Exhibit A). 6. From 2008-2009, FFE maintained a branch logistics office in Columbus, Ohio for

the purposes of giving it a local presence in the Ohio market and strengthening its ongoing customer and carrier relationships in Ohio. 7. FFE has engaged with Cleveland, Ohio-based TMW Systems in substantial

business transactions and activities, to the point that FFE is a Featured Customer of TMW Systems, and is recognized as such on TMW Systems website. FFE uses TMW Systems TripAlert in its fleet, and promotes TMW Systems products. See http://www.tmwsystems.com/node/465 (last visited June 20, 2012) (attached hereto as Exhibit B). 8. FFEs trucks regularly pass through, pick up freight, and make deliveries in the

State of Ohio. FFE solicits Ohio customers, among other ways, through its website. There, FFE encourages potential Ohio customers to calculate the estimated delivery time for FFE to transport goods from one zip code in Ohio to another outside of Ohio, or from one zip code outside of Ohio to another in Ohio, or between two zip codes in Ohio. See

http://www.ffeinc.com/en/ffex/tools?action=transit_time (last visited June 20, 2012) (attached hereto as Exhibit C). FFEs website allows its customers, including its Ohio customers, to select Ohio zip codes as both the origination point, and the destination point. 9. This Court has specific personal jurisdiction over FFE because it has used certain

infringing shipping document transmission and processing systems from a motor vehicle within Ohio and has caused R+L harm and tortious injury in this judicial district. 10. 1400(b). The Parties 11. R+L is a corporation organized and existing under the laws of the State of Ohio, Venue is appropriate in this judicial district pursuant to 28 U.S.C. 1391(d) and

and has its principal place of business at 600 Gillam Road, Wilmington, Ohio 45177. 12. Upon information and belief, FFE is a Delaware corporation with its principal

headquarters located at 1145 Empire Central Place, Dallas, TX 75247. FFE has a statutory agent for service of process located in Cleveland, Ohio. The Infringed Patent 13. The United States Patent and Trademark Office duly and legally issued United

States Patent No. 6,401,078 B1 (the 078 Patent) entitled Bill of Lading Transmission and Processing System for Less Than a Load Carriers on June 4, 2002. A copy of the 078 Patent is attached as Exhibit D. 14. The 078 Patent claims a process directed to the transfer of shipping

documentation for a package (freight) to a remote processing center. In particular, documentation for a package is scanned and transmitted wirelessly to a remote processing center.

The processing center then prepares a loading manifest that includes the package for further transportation of the package, prior to the package being removed from the transporting vehicle. 15. R+L owns all right, title and interest in the 078 Patent via assignment. Actions Giving Rise to this Complaint 16. FFE is a publicly-owned transportation company that provides temperature-

controlled less than load trucking services (LTL), truckload and intermodal transport and logistics solutions throughout the country. FFE has service centers across the United States, and offers LTL service locally, regionally, nationally and internationally. See www.ffex.net (last visited June 18, 2012) (attached hereto as Exhibit E). 17. FFE has touted its partnership with PeopleNet Communications Corporation

(PeopleNet) and Affiliated Computer Services, Inc. (ACS). Specifically, FFE publicized its purchase of PeopleNets BLU in-cab computers and communications systems coupled with ACS TripPak in-cab scanning systems. See Frozen Food Express Selects PeopleNet for Mobile Service, Transport Topics Online, dated April 5, 2010 (attached hereto as Exhibit F). 18. PeopleNets BLU is the user-interface for its Onboard Computing System that

handles interactions with the truck computer and communications. In March 2010, the Onboard Computing System (a/k/a the g3) was advertised as a self-contained system in a ruggedized box that includes an in-cab scanning device that can be used to capture bill-of-lading form information, cargo bar code information or other [information] through an in-cab tethered option or Blue Tooth enabled mobile option that can extend outside the cab. See http://www.peoplenetonlinecom/ProductsServices.aspx?id=66 (attached hereto as Exhibit G). 19. PeopleNets Onboard Computing System works with its Wireless Network so that

its trucking customers can transmit data from truck cabs to the customers back offices. In

March 2010, PeopleNet illustrated on its website how data from a truck cab can be wirelessly transferred to a remote processing center. See http://www.peoplenetonline.com/ProductsServices.aspx?id=68 (attached hereto as Exhibit H). 20. ACSs TripPak in-cab scanning technology includes TripPak Enterprise. In April

2010, ACS advertised TripPak Enterprise as a robust, cost-effect imaging and workflow system that integrates with all major dispatch system vendors. See http://www.trippak.com/enterprise.asp (attached hereto as Exhibit I). TripPak Enterprise provided ACSs trucking customers with, among other things: Id. 21. Among the key benefits of TripPak, as advertised by ACS in April 2010, was Innovative imaging and workflow tools [that] enable you to view, route and control all varieties of documents and information. Ease of useSimple, straightforward systems configuration/administration setup in minutes. Integration to other major dispatch system providers Internet-based so that all users, regardless of location, may be linked together and collaborate No-hassle integration to TripPak ONLINE for indexing services, data validation and image enhancement.

improve[d] service to your customers and drivers with documents right at your fingertips and the ability to supply orders, customer, driver and invoice data directly from dispatch and accounting systems. Id. 22. FFEs purpose for using in-cab scanning technology is to assist in the important

pre-planning and routing of LTL shipmentshelping us to make our LTL operation more productive and more responsive to our customer needs. See Frozen Food Express Industries, Inc. 2008 Annual Report to Shareholders, pg. III, available at 5

http://financials.ffex.net/downloads.cfm (last visited June 14, 2012) (emphasis added) (relevant pages attached hereto as Exhibit J). According to FFEs annual report, the use of in-cab scanning will revolutionize our less-than truckload (LTL) operation, enabling us to track not just our trucks, but also the shipments that they are carrying. Id. 23. On April 26, 2010, R+L caused to be sent a cease-and-desist letter to FFEs

President and Chief Executive Officer, Stoney Mit Stubbs, Jr., informing him of the 078 Patent and alerting him of R+Ls reasonable concerns based on these public statements that FFE had infringed, or was directly infringing, the 078 Patent. R+Ls letter further asked FFE to provide certain categories of information if FFE was not infringing the 078 Patent. A true and correct copy of R+Ls April 26, 2010 letter is attached hereto as Exhibit K. 24. Having not received any response to its April 26, 2010 letter, R+L followed up

with FFE by letter again on July 9, 2010. R+L reiterated its concerns that FFE was infringing the 078 Patent based on FFEs public statements. A true and correct copy of R+Ls July 9, 2010 letter is attached hereto as Exhibit L. 25. 26. R+L did not receive any response to its July 9, 2010 letter to FFE. Thus, upon information and belief, FFE is directly infringing the 078 Patent by

using PeopleNets BLU in-cab computers with ACS TripPak in-cab scanning to remotely transmit shipping documents from onboard a motor vehicle to a remote processing facility. There, a loading document is prepared that includes the further transport of goods on another vehicle. FFE does so without leave or license of R+L, and in violation of R+Ls rights. COUNT IDIRECT INFRINGEMENT 27. R+L repeats and realleges the allegations contained in paragraphs 1-26 above as if

fully set forth herein.

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Upon information and belief, FFE knowingly uses the technology of PeopleNet

and ACS in a manner that infringes on the patented process claimed in the 078 Patent. FFEs conduct amounts to direct infringement in violation of 35 U.S.C. 271(a). 29. Upon information and belief, FFE has profited and will continue to profit from

infringing the 078 Patent. 30. FFEs infringement of the 078 Patent has caused and will continue to cause R+L

substantial and irreparable injury, for which R+L is entitled to receive injunctive relief and adequate compensatory damages. 31. Further, FFEs actions with regard to infringing the 078 Patent are willful such

that R+L is entitled to treble damages under 35 U.S.C. 284. Demand for Relief WHEREFORE, R+L respectfully requests that this Court enter judgment as follows: A. Declare that R+L is the owner of the 078 Patent and that the 078 Patent is valid

and enforceable; B. Preliminarily and permanently enjoin FFE, its officers, directors, employees and

agents, and any others acting in concert with FFE, from infringing on the 078 Patent; C. D. Award R+L its damages resulting from FFEs infringement of the 078 Patent; Award R+L treble damages pursuant to 35 U.S.C. 284 as a result of FFEs

willfulness in infringing the 078 Patent; E. Declare that the nature of FFEs infringement is exceptional pursuant to 35

U.S.C. 285 and award R+L its costs and attorney fees; and F. Grant R+L such other relief as is just and proper.

Jury Demand R+L demands a trial by jury to the extent permitted by applicable law.

/s/ Anthony C. White Anthony C. White (0062146)

Respectfully submitted,

/s/ Anthony C. White Anthony C. White (0062146) Philip B. Sineneng (0083406) Stephanie M. Chmiel (0087555) THOMPSON HINE LLP 41 South High Street, Suite 1700 Columbus, Ohio 43215-6101 Tel: (614) 469-3200 Fax: (614) 469-3361 Tony.White@ThompsonHine.com Philip.Sineneng@ThompsonHine.com Stephanie.Chmiel@ThompsonHine.com Megan D. Dortenzo (0079047) Troy S. Prince (0077443) THOMPSON HINE LLP 3900 Key Center 127 Public Square Cleveland, Ohio 44114-1291 Tel: (216) 566-5500 Fax: (216) 566-5800 Megan.Dortenzo@ThompsonHine.com Troy.Prince@ThompsonHine.com Stephen J. Butler (0010401) THOMPSON HINE LLP 312 Walnut Street, Suite 1400 Cincinnati, Ohio 45202-4089 Tel: (513) 352-6700 Fax: (513) 241-4771 Stephen.Butler@ThompsonHine.com Attorneys for Plaintiff R+L Carriers, Inc.
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