Geolocation Wars? GeoComply Sues Xpoint For Patent Infringement

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GeoComply is suing recently launched geolocation company Xpoint for patent infringement concerning how it detects a player’s location.

Filed Sept. 27, the lawsuit follows Xpoint’s first moves into the US online gaming space and mostly mentions its work with PlayStar and its online casino. Sporttrade and Mojo, two new NJ sportsbooks, also use Xpoint according to the suit.

GeoComply wants its patent protected along with additional unspecified damages, according to the suit.

“This action is about protecting GeoComply’s proprietary technology,” the company said in a statement. “We welcome healthy competition and new ideas in the marketplace and the ability to distinguish our leading solutions and technology from others. We also respect, and expect others to respect, the valuable intellectual property that companies like ours spend a lot of time, effort, and money developing. We are confident in the merits of our case.”

What is GeoComply alleging?

Xpoint is accused of using the same data collection methods to implement geolocation technology that GeoComply says it patented through US 9,413,805B2 as of Aug. 9, 2016.

GeoComply used italics in the lawsuit to specifically show where the alleged infringement happened:

“A method for determining a geo-location, the method comprising:

  • transmitting a request to a first server by a first device;
  • collecting geolocation data associated with the first device in response to the request, the geolocation data collected by a module stored in memory and executed by a processor on the first device, the first device in communication with the first server which provides a service over a network;
  • identifying that one or more selected programs are present at the first device;
  • transmitting the geolocation data and programs and a list of the present selected programs to a second server;
  • receiving a geolocation message from the second server, the geolocation message generated at least in part from the geolocation data and a list of the present selected programs; and
  • providing the received geolocation message to the first server.”

Suit claims Xpoint knew

GeoComply accused Xpoint of knowing the entire time that its geolocation software was not above board:

“On information and belief, XPoint knows and at all relevant times knew that the XPoint geolocation software is made or adapted for use in an infringement of one or more claims…”

Xpoint said the allegations are meritless. It will not comment further on the matter until the lawsuit is over.

GeoComply wants jury trial, expedited case denied

The long-established geolocation technology firm submitted a motion for an expedited discovery and briefing. That was denied by the court, though, which means Xpoint has until Oct. 20 to answer.

GeoComply demanded a jury trial for all possible issues. The company wants Xpoint to stop using its patented technology now and in the future:

As such, XPoint should be enjoined from further infringement of the ’805 Patent. GeoComply has spent valuable resources developing and refining—and patenting—its proprietary platform for reliably and accurately determining the true location of an end-user. Should XPoint continue to commercialize its geolocation technology, GeoComply will be forced to compete against its own patented invention

Geocomply also wants multiple areas of financial compensation including damages, court fees and any profit Xpoint made using the patent.