progressive casualty insurance company v. state farm mutual automobile insurance company

8/2/2019 Progressive Casualty Insurance Company v. State Farm Mutual Automobile Insurance Company

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IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF OHIO

EASTERN DIVISION

PROGRESSIVE CASUALTY INSURANCECOMPANY,

Plaintiff,

v.

STATE FARM MUTUAL AUTOMOBILEINSURANCE COMPANY,

Defendant.

Case No.

JURY DEMAND

COMPLAINT FOR PATENT INFRINGEMENT

Plaintiff Progressive Casualty Insurance Company (Progressive), by and through its

attorneys, for its complaint against Defendant State Farm Mutual Automobile Insurance

Company (State Farm), demands a jury trial and alleges as follows:

NATURE OF THE ACTION

1. This action arises under the Patent Laws of the United States, Title 35 of theUnites States Code (for example, 35 U.S.C. 271, 281, 283, 284, and 285), for infringement of

U.S. Patent No. 6,064,970 (the 970 patent) (attached as Exhibit A), U.S. Patent No. 8,090,598

(the 598 patent) (attached as Exhibit B), and U.S. Patent No. 8,140,358 (the 358 patent)

(attached as Exhibit C).

PARTIES

2. Progressive is a corporation organized under the laws of the state of Ohio, with itsprincipal place of business at 6300 Wilson Mills Road, Mayfield Village, Ohio 44143.


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3. On information and belief, State Farm is a corporation organized under the lawsof the state of Illinois, with its principal place of business at One State Farm Plaza, Bloomington,

Illinois, 61710.

JURISDICTION AND VENUE

4. This action arises under the patent laws of the United States, Title 35 of theUnited States code, 1, et seq.

5. The Court has jurisdiction over the subject matter of this action pursuant to 28U.S.C. 1331 and 1338(a).

6.

Venue is proper in this Court under 28 U.S.C. 1391 and 1400(b).

7. On information and belief, State Farm has committed and/or induced acts ofinfringement in this district, is subject to personal jurisdiction in this district, and therefore

resides in this district.

8. On information and belief, State Farm regularly transacts and conducts businessin this district, has registered with the Ohio Department of Insurance, and sells insurance within

the State of Ohio. Progressive is suffering from the effects of State Farms unlawful conduct in

this district.

COUNT I

9. Progressive incorporates by reference the allegations set forth in paragraphs 1through 8 as though fully asserted herein.

10. On May 16, 2000, the United States Patent and Trademark Office duly and legallyissued the 970 patent for an invention related to the determination of insurance ratings based

upon vehicle monitoring. Progressive owns the 970 patent.


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11. On information and belief, State Farm was aware of the 970 patent prior to theacts of infringement alleged herein.

12. On information and belief, State Farm, individually or through one or more agentsunder its direction and control, has been and still is operating a usage-based vehicle insurance

program entitled Drive Safe & Save.

13. On information and belief, State Farm, individually or through one or more agentsunder its direction and control, operates and maintains an Internet website at

http://www.statefarm.com/insurance/auto_insurance/drive-safe-save/drive-safe-save.asp (the

Drive Safe & Save website) that includes details regarding the Drive Safe & Save program.

14. On information and belief, State Farm, or a third party vendor acting on behalf ofand under the direction and control of State Farm, in connection with the Drive Safe & Save

program, obtains data regarding driving characteristics, including, for example, mileage, speed,

rapid acceleration, left turns and right turns, from an insured vehicle.

15. On information and belief, State Farm, or a third party vendor acting on behalf ofand under the direction and control of State Farm, calculates a rating based on the obtained

driving characteristics data in accordance with a formula provided by or for State Farm.

16. State Farm is infringing the 970 patent, including through the operation of theDrive Safe & Save program, which includes each and every feature of the claimed invention.

State Farm is infringing either directly, through its own actions and/or the actions of one or more

third-party vendors acting under its direction and/or control, or indirectly, through active

inducement of the infringing actions with knowledge of or deliberate indifference to the

existence and infringement of the 970 patent.


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17. On information and belief, State Farm has continued its infringing activitiesdespite having notice of the 970 patent. State Farms infringement is willful, entitling

Progressive to the recovery of enhanced damages pursuant to 35 U.S.C. 284.

18. In addition, this is an exceptional case, justifying an award of attorneys fees andcosts to Progressive pursuant to 35 U.S.C. 285.

19. State Farms infringement has caused and will continue to cause damage andirreparable harm to Progressive until enjoined by this Court. The amount of the damage and

harm has not yet been determined but will be proven at trial.

COUNT II


21. On January 3, 2012, the United States Patent and Trademark Office duly andlegally issued the 598 patent for an invention related to a vehicle monitoring system.

Progressive owns the 598 patent.


23. On information and belief, State Farm, individually or through one or more agentsunder its direction and control, has been and still is operating a usage-based vehicle insurance


24. On information and belief, State Farm, individually or through one or more agentsunder its direction and control, operates and maintains an Internet website at

http://www.statefarm.com/insurance/auto_insurance/drive-safe-save/drive-safe-save.asp (the

Drive Safe & Save website) that includes details regarding the Drive Safe & Save program.


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26. On information and belief, State Farm, or a third party vendor acting on behalf ofand under the direction and control of State Farm, calculates an insurance rating or safety score

based on the obtained driving characteristics data in accordance with a formula provided by or

for State Farm.

27.

State Farm is infringing the 598 patent, including through the operation of the

Drive Safe & Save program, which includes each and every feature of the claimed invention.











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COUNT III


32. On March 20, 2012, the United States Patent and Trademark Office duly andlegally issued the 358 patent for an invention related to a vehicle monitoring system.

Progressive owns the 358 patent.


34.

On information and belief, State Farm, individually or through one or more agents

under its direction and control, has been and still is operating a usage-based vehicle insurance


35. On information and belief, State Farm, individually or through one or more agentsunder its direction and control, operates and maintains the Drive Safe & Save website that

includes details regarding the Drive Safe & Save program.




37. On information and belief, State Farm, or a third party vendor acting on behalf ofand under the direction and control of State Farm, calculates an insurance rating or safety score

based on the obtained driving characteristics data in accordance with a formula provided by or

for State Farm.


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38. State Farm is infringing the 358 patent, including through the operation of theDrive Safe & Save program, which includes each and every feature of the claimed invention.











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PRAYER FOR RELIEF

WHEREFORE, Progressive demands the following relief:

A. judgment that State Farm has infringed, contributorily infringed and/or actively

induced others to infringe the 970, 598, and 358 patents;

B. a preliminary and permanent injunction against State Farms continued

infringement and inducement of infringement of the 970, 598, and 358 patents;

C. an award of damages in favor of Progressive and against State Farm adequate to

compensate Progressive for State Farms infringement of the 970, 598, and 358 patents

(including an assessment of pre-judgment interest and post-judgment interest);

D. enhancement of damages by up to three times the amount found or assessed based

on State Farms willful infringement, pursuant to 35 U.S.C. 284;

E. a finding that this case is exceptional under 35 U.S.C. 285;

F. an award to Progressive for its reasonable expenses, including attorneys fees, and

costs of this action; and

G. an award of such other and further relief as this Court deems just and proper.


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JURY DEMAND

Pursuant to Rule 38(b) of the Federal Rules of Civil Procedure, Progressive hereby

respectfully requests a jury trial on all issues and claims so triable.

Dated: April 30, 2012 Respectfully submitted,

By: /s/ Calvin P. Griffith

James R. Wooley (Ohio Bar No. 0033850)[email protected]

Calvin P. Griffith (Ohio Bar No. 0039484)

[email protected]

Patrick J. Norton (Ohio Bar No. 0069978)

[email protected] DAYNorth Point901 Lakeside Avenue

Cleveland, Ohio 44114

Telephone: (216) 586-3939Facsimile: (216) 579-0212

Attorneys for Plaintiff

Progressive Casualty Insurance Company

progressive casualty insurance company v. state farm mutual automobile insurance company

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