United States District Court sides again with Park Assist on Motion in Patent Infringement Case

Posted in News

United States District Judge, Honorable Roger T. Benitez, issued an Order (Order Denying Rule 11 Sanctions) on January 30, 2020, ruling in Park Assist’s favor by denying Ace Parking Management, Inc.’s (“Ace”) motion for sanctions against Park Assist.  Ace’s motion had claimed that Park Assist’s patent infringement action against Ace was unfounded and did not have a reasonable basis.

The Order stems from Park Assist’s suit against the San Diego County Regional Airport Authority (“Airport”) and Ace for infringement of Park Assist’s U.S. Patent 9,594,956 directed to a method and system for managing a parking lot based on intelligent imaging. The Judge noted in denying Ace’s motion that “both the original and Amended Complaints [by Park Assist for patent infringement] evince a thorough pre-filing analysis by Park Assist and its counsel” and found this to be “a good faith, informed comparison” including by comparing the patent claims to the Airport Parking System.  Judge Benitez concluded by finding that “Ace Parking’s Rule 11 motion lack[ed] merit” and found it notable that even Ace’s co-defendant “[the Airport did] not join in Ace Parking’s motion.” Park Assist as the prevailing party now has the option to seek all its fees for having to oppose the failed Ace motion.

This is the second consecutive substantive merits motion on which Park Assist has prevailed. After Park Assist initiated the infringement action against the Airport, the Airport and Ace moved to dismiss Park Assist’s case by attacking the patent’s validity.  That motion was similarly denied on August 23, 2019.

With the Court now having rejected both motions, the infringement action against the Airport and Ace will continue.

Pioneers of camera-based parking guidance and PGS systems with core business intelligence, Park Assist continues to enhance its patented, proprietary technology through leading-edge product innovations and robust API-driven solutions. With nine strategically located offices across the globe, the company serves many of the world’s premier property developers and operators. The latest example of the data-driven explorations that inform the cutting-edge innovations and proven solutions we continue to bring to the marketplace.

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