PJC Logistics, LLC v. Act Transportation et al

Filing 50

NON-CERTIFIED COPY OF Conditional Transfer Order re MDL 2249 Signed by MDL on 9/6/11. (Copies have been distributed pursuant to the NEF - EDS)

Case MDL No. 2249 Document 159 Filed 09/06/11 Page 1 of 3

UNITED STATES JUDICIAL PANEL
on
MULTIDISTRICT LITIGATION

IN RE: VEHICLE TRACKING AND SECURITY
SYSTEM ('844) PATENT LITIGATION

MDL No. 2249

TRANSFER ORDER

Before the Panel:* Pursuant to 28 U.S.C. § 1407, plaintiff in a District of Minnesota
declaratory judgment action, Qualcomm, Inc., moves for centralization in the District of Minnesota.
This litigation currently consists of the eleven actions listed on Schedule A, which are pending in nine
districts.1
No party opposes centralization. Over 150 alleged end user infringer defendants or
manufacturer/supplier plaintiffs in declaratory judgment actions support centralization in the District
of Minnesota. Patentholder PJC Logistics, LLC (PJC) supports centralization in the Northern
District of Texas.
On the basis of the papers filed and hearing session held, we find that these eleven actions
involve common questions of fact, and that centralization will serve the convenience of the parties
and witnesses and promote the just and efficient conduct of the litigation. All eleven actions share
facts related to the infringement or validity of U.S. Patent No. 5,223,844 (‘844 patent), which is
entitled “Vehicle Tracking and Security System” and relates to wireless and position location
reporting technology used in fleet management applications. Centralization will eliminate duplicative
discovery, prevent inconsistent pretrial rulings (particularly on claim construction issues), and
conserve the resources of the parties, their counsel and the judiciary.
We are persuaded that the District of Minnesota is an appropriate transferee district for
pretrial proceedings in this litigation. This district is a primary choice for transferee forum for all but
one responding party. Moreover, since this readily accessible district is near the headquarters of
several suppliers of allegedly infringing products, relevant documents and witnesses likely will be
found there.

*

Judges John G. Heyburn II, Paul J. Barbadoro and Marjorie O. Rendell did not participate in
the decision of this matter.
1

The parties have notified the Panel of three related actions pending as follows: two actions
in the Northern District of Texas, and an action in the District of Minnesota. These actions and any
other related actions are potential tag-along actions. See Rules 1.1(h), 7.1 and 7.2, R.P.J.P.M.L.

Case MDL No. 2249 Document 159 Filed 09/06/11 Page 2 of 3

-2IT IS THEREFORE ORDERED that pursuant to 28 U.S.C. § 1407, the actions listed on
Schedule A and pending outside the District of Minnesota are transferred to the District of Minnesota
and, with the consent of that court, assigned to the Honorable Donovan W. Frank, for coordinated
or consolidated pretrial proceedings with the actions pending in that district and listed on Schedule
A.

PANEL ON MULTIDISTRICT LITIGATION

Kathryn H. Vratil
Acting Chairman
W. Royal Furgeson, Jr.
Barbara S. Jones

Frank C. Damrell, Jr.

Case MDL No. 2249 Document 159 Filed 09/06/11 Page 3 of 3

IN RE: VEHICLE TRACKING AND SECURITY
SYSTEM ('844) PATENT LITIGATION

MDL No. 2249

SCHEDULE A

District of Delaware
PJC Logistics, LLC v. A. Duie Pyle Inc., et al., C.A. No. 1:11-00231
Middle District of Florida
PJC Logistics, LLC v. AAA Cooper Transportation, Inc. et al., C.A. No. 3:11-00301
Northern District of Illinois
PJC Logistics, LLC v. A&R Logistics, Inc., et al., C.A. No. 1:11-01983
District of Minnesota
PJC Logistics, LLC v. Anderson Trucking Service, Inc., et al., C.A. No. 0:11-00675
Qualcomm Inc., v. PJC Logistics, LLC, C.A. No. 0:11-00865
Xata Corp. v. PJC Logistics, LLC, C.A. No. 0:11-00871
District of Nevada
PJC Logistics, LLC v. Act Transportation, et al., C.A. No. 2:11-00418
District of Oregon
PJC Logistics, LLC v. Doug Andrus Distributing LLC, et al., C.A. No. 3:11-00337
Eastern District of Texas
PJC Logistics, LLC v. Acme Truck Line, Inc., et al., C.A. No. 6:11-00125
Northern District of Texas
PJC Logistics, LLC v. ABF Freight Systems Inc., et al., C.A. No. 3:11-00548
Eastern District of Virginia
PJC Logistics, LLC v. Averitt Express, Inc., et al., C.A. No. 1:11-00279