CLEVELAND, OH – 09 Nov, 2015 – MacroPoint, creators of patented freight tracking software designed to give 3rd party visibility into load status by monitoring and tracking the location of a driver’s mobile phone, including flip phones, or existing in-cab ELD/GPS devices, today announced that it will continue to pursue its patent infringement case No. 1:15-cv-01002-PAG in the United States District Court for the Northern District of Ohio against start-up company FourKites. MacroPoint filed a complaint against FourKites for alleged patent infringement and an amended complaint asserting that FourKites infringed and continues to infringe on additional recently issued patents.
“We agree with the United State Patent and Trademark Office that issued our patents, but respectfully disagree with the district court’s view, and now it’s going to be up to the Federal Circuit Court to decide upon the infringement case,” said Bennett Adelson, president of MacroPoint. “Due to the highly variable layers of patent laws and decisions right now, this is par for the course in patent cases. We were hopeful the district court could have short circuited the process and decided the infringement more quickly, but as is the case in most lawsuits it’s now just going to take us a bit more time to eventually get to an infringement ruling in this case.” MacroPoint has additional patents in its portfolio that were not part of its claim against FourKites.
MacroPoint’s continued belief that its intellectual property rights have been violated is based on issues involving a U.S. Supreme Court ruling in Alice Corp. v. CLS Bank International, a case widely considered to be a decision on software and business methods patents. Since the Supreme Court’s June 2014 ruling, now simply referred to as Alice, federal courts have issued diametrically opposed opinions that have led to confusion regarding claims of patent validity and infringement. Additionally, under current patent law, issued patents from the PTO are to be presumed valid by courts. In this case a number of MacroPoint’s patents were validly issued after the U.S. Patent Office formulated new guidelines in light of Alice for reviewing patent applications.
“We are one of many companies that believe that although Alice has assisted in curbing an excessive number of patent trolling lawsuits, it has created confusion in the business community and is now running the risk of not providing clarity of intellectual property rights for innovative companies like MacroPoint that are the original inventors of a credible and viable product,” continued Adelson. “Whether you believe in the Alice decision or not, the fact that we have patents issued both pre and post Alice should be sufficient enough evidence that we have done absolutely every step necessary to safeguard our technology from infringement. We’re looking forward to the Federal Circuit putting its final seal of approval, like the U.S. Patent Office, that MacroPoint’s intellectual property rights are enforceable.”
Used with a driver’s mobile phone, including flip phones, or existing in-cab ELD/GPS devices, MacroPoint’s patented location monitoring and tracking software gives third parties load status and location visibility on their shipments. With MacroPoint, brokers, 3PLs and shippers have real-time location tracking, delivery monitoring, and event notifications that enhance the efficiency and profitability of their operations.
Headquartered in Cleveland, Ohio, MacroPoint designs freight monitoring and tracking solutions for shippers, brokers and 3PLs. Founded in 2011, MacroPoint’s patented, automated load monitoring and tracking software provides load location visibility to third parties. The ‘pay per use’ solution works on any cell phone, not just smart phones, and with existing in-cab ELD/GPS tracking devices to provide real-time location monitoring and tracking, delivery monitoring, and event notifications to third parties. Integrated with a wide range of TMS systems, MacroPoint automates the entire process, eliminating the need for drivers to check in with dispatchers, and for shippers and brokers to check in with carriers. To date, nearly 300,000 drivers supporting thousands of brokers, shippers and trucking companies are MacroPoint enabled in addition to a million trucks connected to MacroPoint via in-cab ELD devices.
To learn more about MacroPoint’s industry leading solution for third party shipment tracking, call 866-960-0328 or visit www.macropoint.com
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