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United States District Court for the Southern District of California
August 23, 2019, Decided; August 26, 2019, Filed
Case No.: 3:18-cv-02068-BEN-MDD
[*957] ORDER DENYING DEFENDANTS' MOTIONS TO DISMISS
[Docs. 25, 26]
Pending before the Court are the motions to dismiss filed by Defendants San Diego County [**2] Regional Airport Authority and Ace Parking Management, Inc. [Docs. 24, 25.1 For the following reasons, the motions are DENIED.
This is a patent infringement action. Plaintiff Park Assist develops and sells a camera-based parking guidance system for which it was issued Patent No. 9,594,956 ("the '956 Patent") on March 17, 2017. Park Assist alleges that Defendants San Diego County Regional Airport Authority ("the Airport Authority") and Ace Parking Management, Inc. have infringed and continue to infringe Park Assist's '956 Patent by operating a competitor's parking guidance system at the Terminal 2 Parking Plaza.
The '956 Patent is entitled "Method and System for Managing a Parking Lot Based on Intelligent Imaging." The '956 Patent specification provides context, acknowledging, "The use of different sensor technologies [*958] [in a parking lot], such as ultrasonics or image processing is known." Doc. 23-1 at 1:14-16. The specification goes on to provide that known image processing "may determine occupancy of slots and provide the driver with guidance to available spaces either upon entry to the parking lot or by displays strategically located within the lot." Id. at 1:16-23.
The '956 Patent's specification identifies various problems from which the prior known parking [**3] guidance systems suffer, including "not allow[ing] . . . the opportunity to preferentially charge the customer according to their parking location," not "recogniz[ing] unique aspects of the vehicle, such as . . . license plate," and not "enabl[ing] remote viewing of individual parking spaces, enabling human intervention to correct mistakes, . . . or provid[ing] real-time feedback to improve system accuracy." '956 Patent, 1:24-27, 34-35, 38-41. The '956 Patent's abstract provides that it is directed to solving these problems with an improved method and system for managing a parking lot based on intelligent imaging. Id.
The '956 Patent has two claims: independent claim 1 and dependent claim 2. Independent claim 1 requires:
Full case includes Shepard's, Headnotes, Legal Analytics from Lex Machina, and more.
402 F. Supp. 3d 956 *; 2019 U.S. Dist. LEXIS 144809 **; 2019 U.S.P.Q.2D (BNA) 319346; 2019 WL 4017034
PARK ASSIST, LLC, Plaintiffs, v. SAN DIEGO COUNTY REGIONAL AIRPORT AUTHORITY; ACE PARKING MANAGEMENT, INC., Defendants.
Subsequent History: Sanctions disallowed by Park Assist, LLC v. San Diego Cty. Reg'l Airport Auth., 2020 U.S. Dist. LEXIS 16208 (S.D. Cal., Jan. 30, 2020)
Motion denied by, Motion denied by, Without prejudice, Costs and fees proceeding at Park Assist, LLC v. San Diego Cty. Reg'l Airport Auth., 2020 U.S. Dist. LEXIS 131438 (S.D. Cal., July 24, 2020)
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