pbsc urban solutions v. motivate int'l - complaint

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    docks, and electronic locking systems are used in public bicycle sharing systems for cities and

    municipalities in Canada, the United States (including this District), and abroad.

    5.  Defendant, Motivate International Inc. (“Motivate”), formerly known as Alta

    Bicycle Share, Inc., is a Delaware corporation with its principal place of business located at 5202

    3rd Avenue, Brooklyn, New York 11232. Motivate delivers, installs and operates public bicycle

    sharing systems in municipalities in the United States and abroad.

    6.  Defendant, NYC Bike Share LLC (“NYC Bike Share”), is a New York limited

    liability company with its principal place of business located at 5202 3rd Avenue, Brooklyn,

     New York 11232. NYC Bike Share is a subsidiary of Motivate. NYC Bike Share operates Citi

    Bike, New York City’s public bicycle sharing system.

    The Patents in Suit

    7.  On June 23, 2009, the United States Patent and Trademark Office (the “PTO”)

    duly and legally issued U.S. Design Patent No. D594,787 (the “’787 Patent”), entitled “Bicyle.”

    Plaintiff is the owner, by assignment, of all right, title, and interest to the ’787 Patent. A copy of

    the ’787 Patent is attached as Exhibit A to this Complaint.

    8.  On July 7, 2009, the PTO duly and legally issued U.S. Design Patent No.

    D595,618 (the “’618 Patent”), entitled “Bicyle Rack.” Plaintiff is the owner, by assignment, of

    all right, title, and interest to the ’618 Patent. A copy of the ’618 Patent is attached as Exhibit B

    to this Complaint.

    9.  On November 22, 2011, the PTO duly and legally issued U.S. Patent No.

    8,061,499 (the “’499 Patent”), entitled “Method and Apparatus for Securing a Movable Item to a

    Structure.” Plaintiff is the owner, by assignment, of all right, title, and interest to the ’499

    Patent. A copy of the ’499 Patent is attached as Exhibit C to this Complaint.

    Case 1:15-cv-06398 Document 1 Filed 11/06/15 Page 2 of 10 PageID #: 2

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    10.  On September 25, 2012, the PTO duly and legally issued U.S. Patent No.

    8,272,491 (the “’491 Patent”), entitled “Method and Apparatus for Securing a Movable Item to a

    Structure.” Plaintiff is the owner, by assignment, of all right, title, and interest to the ’491

    Patent. A copy of the ’491 Patent is attached as Exhibit D to this Complaint.

    Background Facts 

    11.  Plaintiff developed the source code and software (the “Software”) used to operate

    the payment kiosks and bicycle docks for public bicycle sharing systems. The Software is

     proprietary and confidential to Plaintiff. The Software allows Plaintiff to control the kiosks and

     bicycle docks remotely.

    12.  In 2014, Plaintiff supplied equipment and services, including Software and spare

     parts for bike-sharing bicycles, modular bicycle docks, and payment kiosks to Alta Bicycle

    Share, Inc. for the public bicycle sharing system in New York City.

    13.  In or around October 2014, REQX Ventures, LLC (REQX) approached Plaintiff

    regarding a potential business relationship, requesting information concerning Plaintiff’s

    capabilities and services, including Plaintiff’s bike-sharing bicycles, modular bicycle docks,

     payment kiosks, and Software.

    14.  Pursuant to a non-disclosure agreement with REQX, Plaintiff disclosed

    information concerning its products and Software to REQX.

    15.  In or around October 2014, REQX acquired Alta Bicycle Share, which

    subsequently changed its name to Motivate.

    16.  In or around April 1, 2015, Motivate ceased using Plaintiff’s Software, and

    Plaintiff lost remote control over the kiosks and bicycle docks in the public bicycle share system

    in New York City.

    Case 1:15-cv-06398 Document 1 Filed 11/06/15 Page 3 of 10 PageID #: 3

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    COUNT I – INFRINGEMENT OF U.S. PATENT NO. 8,061,499 

    17.  Plaintiff re-alleges each and every allegation set forth in Paragraphs 1 through 16,

    and incorporates them herein by reference.

    18.  Motivate and NYC Bike Share have been and are still infringing the ’499 Patent

     by making, using, selling, importing, exporting or offering to sell in the United States, bike share

     bicycles and bike share bicycle racks, which embody, incorporate or otherwise practice the

    claimed inventions.

    19.  To the extent that Motivate and NYC Bike Share have continued and still

    continue their infringing activities after receiving notice of the ’499 Patent, such infringement is

    willful, entitling Plaintiff to the recovery of treble damages pursuant to 35 U.S.C. § 284. In

    addition, this is an exceptional case, justifying an award of attorneys’ fees and costs to Plaintiff

     pursuant to 35 U.S.C. § 285.

    20.  As a direct and proximate result of Motivate’s and NYC Bike Share’s

    infringement of the ’499 Patent, Plaintiff has been and continues to be damaged in its business

    and property, including the loss of revenues in an amount to be determined at trial.

    21.  Motivate and NYC Bike Share have caused damage by their acts of infringement

    of the ’499 Patent, and Motivate and NYC Bike Share will cause additional damages and

    irreparable harm unless the Court enjoins Motivate and NYC Bike Share from continuing such

    infringing acts and initiating such acts in the future.

    COUNT II – INFRINGEMENT OF U.S. PATENT NO. 8,272,491 

    22.  Plaintiff re-alleges each and every allegation set forth in Paragraphs 1 through 21,

    and incorporates them herein by reference.

    Case 1:15-cv-06398 Document 1 Filed 11/06/15 Page 4 of 10 PageID #: 4

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    23.  Motivate and NYC Bike Share have been and are still infringing the ’491 Patent

     by making, using, selling, importing, exporting or offering to sell in the United States, bike share

     bicycles and bike share bicycle racks, which embody, incorporate or otherwise practice the

    claimed inventions.

    24.  To the extent that Motivate and NYC Bike Share have continued and still

    continue their infringing activities after receiving notice of the ’491 Patent, such infringement is

    willful, entitling Plaintiff to the recovery of treble damages pursuant to 35 U.S.C. § 284. In

    addition, this is an exceptional case, justifying an award of attorneys’ fees and costs to Plaintiff

     pursuant to 35 U.S.C. § 285.

    25.  As a direct and proximate result of Motivate’s and NYC Bike Share’s

    infringement of the ’491 Patent, Plaintiff has been and continues to be damaged in its business

    and property, including the loss of revenues in an amount to be determined at trial.

    26.  Motivate and NYC Bike Share have caused damage by their acts of infringement

    of the ’491 Patent, and Motivate and NYC Bike Share will cause additional damages and

    irreparable harm unless the Court enjoins Motivate and NYC Bike Share from continuing such

    infringing acts and initiating such acts in the future.

    COUNT III – INFRINGEMENT OF U.S. DESIGN PATENT NO. D594,787

    27.  Plaintiff re-alleges each and every allegation set forth in Paragraphs 1 through 26,

    and incorporates them herein by reference.

    28.  Without Plaintiff’s authorization, Motivate and NYC Bike Share have

    manufactured, have had manufactured on their behalf, have offered for sale, and/or have sold in

    the United States a bicycle (the “Infringing Bicycle”) with a design that is covered by the ’787

    Patent. Figure 4 of the ’787 Patent is shown below next to a photograph of the Infringing

    Bicycle.

    Case 1:15-cv-06398 Document 1 Filed 11/06/15 Page 5 of 10 PageID #: 5

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    The ’787 Patent The Infringing Bicycle

    29.  Motivate and NYC Bike Share have been and are still infringing the ’787 Patent

    within the meaning of 35 U.S.C. § 271.

    30.  Motivate and NYC Bike Share are, and have been, aware of the ’787 Patent.

    31.  Motivate and NYC Bike Share are, and have been, aware of Plaintiff’s contention

    that Motivate’s and NYC Bike Share’s aforementioned activities involving the Infringing

    Bicycle infringe the ’787 Patent.

    32.  To the extent that Motivate and NYC Bike Share have continued and still

    continue their infringing activities after receiving notice of the ’787 Patent, such infringement is

    willful, entitling Plaintiff to the recovery of treble damages pursuant to 35 U.S.C. § 284. In

    addition, this is an exceptional case, justifying an award of attorneys’ fees and costs to Plaintiff

     pursuant to 35 U.S.C. § 285.

    33.  As a direct and proximate result of Motivate’s and NYC Bike Share’s

    infringement of the ’787 Patent, Plaintiff has been and continues to be damaged in its business

    and property, including the loss of revenues in an amount to be determined at trial.

    34.  Motivate and NYC Bike Share have caused damage by their acts of infringement

    of the ’787 Patent, and Motivate and NYC Bike share will cause additional damages and

    Case 1:15-cv-06398 Document 1 Filed 11/06/15 Page 6 of 10 PageID #: 6

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    irreparable harm unless the Court enjoins Motivate and NYC Bike Share from continuing such

    infringing acts and initiating such acts in the future.

    COUNT IV – INFRINGEMENT OF U.S. DESIGN PATENT NO. D595,618

    35. 

    Plaintiff re-alleges each and every allegation set forth in Paragraphs 1 through 34,

    and incorporates them herein by reference.

    36.  Without Plaintiff’s authorization, Motivate and NYC Bike Share have

    manufactured, have had manufactured on their behalf, have offered for sale, and/or have sold in

    the United States a bicycle rack (the “Infringing Bicycle Rack”) with a design that is covered by

    the ’618 Patent. Figures 1 and 2 of the ’618 Patent are shown below next to photographs of the

    Infringing Bicycle Rack.

    The ’618 Patent The Infringing Bicycle Rack

    Case 1:15-cv-06398 Document 1 Filed 11/06/15 Page 7 of 10 PageID #: 7

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    The ’618 Patent The Infringing Bicycle Rack

    37. 

    Motivate and NYC Bike Share have infringed and continue to infringe the ’618

    Patent within the meaning of 35 U.S.C. § 271.

    38.  Motivate and NYC Bike Share are, and have been, aware of the ’618 Patent.

    39.  Motivate and NYC Bike Share are, and have been, aware of Plaintiff’s contention

    that Motivate’s and NYC Bike Share’s aforementioned activities involving the Infringing

    Bicycle Rack infringe the ’618 Patent.

    40.  To the extent that Motivate and NYC Bike Share have continued and still

    continue their infringing activities after receiving notice of the ’618 Patent, such infringement is

    willful, entitling Plaintiff to the recovery of treble damages pursuant to 35 U.S.C. § 284. In

    Case 1:15-cv-06398 Document 1 Filed 11/06/15 Page 8 of 10 PageID #: 8

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    addition, this is an exceptional case, justifying an award of attorneys’ fees and costs to Plaintiff

     pursuant to 35 U.S.C. § 285.

    41.  As a direct and proximate result of Motivate’s and NYC Bike Share’s

    infringement of the ’618 Patent, Plaintiff has been and continues to be damaged in its business

    and property, including the loss of revenues in an amount to be determined at trial.

    42.  Motivate and NYC Bike Share have caused damage by their acts of infringement

    of the ’618 Patent, and Motivate and NYC Bike share will cause additional damages and

    irreparable harm unless the Court enjoins Motivate and NYC Bike Share from continuing such

    infringing acts and initiating such acts in the future.

    Prayer for Relief

    WHEREFORE, by reason of the foregoing, Plaintiff respectfully requests that this Court

    enter judgment against Defendants Motivate International Inc. and NYC Bike Share, LLC that:

    A. Defendants have infringed the ’499 Patent, ’491 Patent,’787 Patent and ’618

    Patent;

    B. Defendants, their officers, agents, servants, employees, and attorneys, and those

     persons in active concert or participation with them, be preliminarily and/or permanently

    enjoined from infringing the ’499 Patent, ’491 Patent, ’787 Patent and ’618 Patent, pursuant to

    35 U.S.C. § 283;

    C. Defendants pay damages adequate to compensate for the infringement of the ’499

    Patent and ’491 Patent, including interest and costs, pursuant to 35 U.S.C. § 284;

    D. Defendants pay damages adequate to compensate for the infringement of the the

    ’787 Patent and ’618 Patent or an award of Defendants’ profits from its infringement pursuant to

    35 U.S.C. § 289, whichever is greater, including interests and costs;

    E. trebling of damages for willful infringement pursuant to 35 U.S.C. § 284;

    Case 1:15-cv-06398 Document 1 Filed 11/06/15 Page 9 of 10 PageID #: 9

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    F. a finding by the Court that this case is exceptional under 35 U.S.C. § 285; and

    G. Plaintiff is granted such other and further relief as the Court may deem just and

     proper.

    JURY DEMAND

    Pursuant to Federal Rule of Civil Procedure 38(b), Plaintiff, PBSC Urban Solutions

    hereby demand a trial by jury on all issues triable of right by jury.

    Dated: November 6, 2015 Respectfully submitted,

    /s/ Danielle Anne Phillip

    Danielle Anne Phillip (DP-2295)BRINKS GILSON & LIONE 

     NBC Tower - Suite 3600

    455 North Cityfront Plaza DriveChicago, Illinois 60611

    Phone: (312) 321-4200

    Fax: (312) 321-4299E-mail: [email protected]

    James R. Sobieraj (of counsel) 

    BRINKS GILSON & LIONE  NBC Tower - Suite 3600455 North Cityfront Plaza Drive

    Chicago, Illinois 60611

    Phone: (312) 321-4200

    Fax: (312) 321-4299E-mail: [email protected]

    Attorneys for Plaintiff PBSC Urban Solutions

    Case 1:15-cv-06398 Document 1 Filed 11/06/15 Page 10 of 10 PageID #: 10

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    S 44 (Rev. 1/2013) CIVIL COVER SHEETThe JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, excep

    rovided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for theurpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)

    . (a) PLAINTIFFS DEFENDANTS

    (b)  County of Residence of First Listed Plaintiff County of Residence of First Listed Defendant

    (EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)

     NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OFTHE TRACT OF LAND INVOLVED.

    (c)  Attorneys (Firm Name, Address, and Telephone Number)  Attorneys (If Known)

    I. BASIS OF JURISDICTION (Place an “X” in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for(For Diversity Cases Only) and One Box for Defendant

    ’ 1 U.S. Government   ’ 3 Federal Question PTF DEF PTF

    Plaintiff  (U.S. Government Not a Party) Citizen of This State   ’ 1   ’  1 Incorporated or  Principal Place   ’ 4  

      of Business In This State

    ’ 2 U.S. Government   ’ 4 Diversity Citizen of Another State   ’ 2   ’  2 Incorporated and  Principal Place   ’ 5  

    Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State

    Citizen or Subject of a   ’ 3   ’  3 Foreign Nation   ’ 6  

      Foreign Country

    V. NATURE OF SUIT (Place an “X” in One Box Only)CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES

    ’ 110 Insurance   PERSONAL INJURY   PERSONAL INJURY   ’ 625 Drug Related Seizure   ’ 422 Appeal 28 USC 158   ’ 375 False Claims Act

    ’ 120 Marine   ’ 310 Airplane   ’ 365 Personal Injury - of Property 21 USC 881   ’ 423 Withdrawal   ’ 400 State Reapportionm

    ’ 130 Miller Act   ’ 315 Airplane Product Product Liability   ’ 690 Other 28 USC 157   ’ 410 Antitrust

    ’ 140 Negotiable Instrument Liability   ’ 367 Health Care/   ’ 430 Banks and Banking

    ’ 150 Recovery of Overpayment   ’ 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS   ’ 450 Commerce & Enforcement of Judgment Slander Personal Injury   ’ 820 Copyrights   ’ 460 Deportation

    ’ 151 Medicare Act   ’ 330 Federal Employers’ Product Liabi lity   ’ 830 Patent   ’ 470 Racketeer Influence

    ’ 152 Recovery of Defaulted Liability   ’ 368 Asbestos Personal   ’ 840 Trademark Corrupt Organizatio

     Student Loans   ’ 340 Marine Injury Product   ’ 480 Consumer Credit

     (Excludes Veterans)   ’ 345 Marine Product Liability LABOR SOCIAL SECURITY   ’ 490 Cable/Sat TV’ 153 Recovery of Overpayment Liability   PERSONAL PROPERTY   ’ 710 Fair Labor Standards   ’ 861 HIA (1395ff)   ’ 850 Securities/Commod

     of Veteran’s Benefits   ’ 350 Motor Vehicle   ’ 370 Other Fraud Act   ’ 862 Black Lung (923) Exchange

    ’ 160 Stockholders’ Suits   ’ 355 Motor Vehicle   ’ 371 Truth in Lending   ’ 720 Labor/Management   ’ 863 DIWC/DIWW (405(g))   ’ 890 Other Statutory Act

    ’ 190 Other Contract Product Liability   ’ 380 Other Personal Relations   ’ 864 SSID Title XVI   ’ 891 Agricultural Acts

    ’ 195 Contract Product Liability   ’ 360 Other Personal Property Damage   ’ 740 Railway Labor Act   ’ 865 RSI (405(g))   ’ 893 Environmental Matt

    ’ 196 Franchise Injury   ’ 385 Property Damage   ’ 751 Family and Medical   ’ 895 Freedom of Informa

    ’ 362 Personal Injury - Product Liability Leave Act Act Medical Malpractice   ’ 790 Other Labor Litigation   ’ 896 Arbitration

     REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS   ’ 791 Employee Retirement FEDERAL TAX SUITS   ’ 899 Administrative Proc

    ’ 210 Land Condemnation   ’ 440 Other Civil Rights Habeas Corpus:  Income Security Act   ’ 870 Taxes (U.S. Plaintiff Act/Review or Appe

    ’ 220 Foreclosure   ’ 441 Voting   ’ 463 Alien Detainee or Defendant) Agency Decision

    ’ 230 Rent Lease & Ejectment   ’ 442 Employment   ’ 510 Motions to Vacate   ’ 871 IRS—Third Party   ’ 950 Constitutionality of 

    ’ 240 Torts to Land   ’ 443 Housing/ Sentence 26 USC 7609 State Statutes

    ’ 245 Tort Product Liability Accommodations   ’ 530 General

    ’ 290 All Other Real Property   ’ 445 Amer. w/Disabilities -   ’ 535 Death Penalty IMMIGRATION

     Employment Other:   ’ 462 Naturalization Application’ 446 Amer. w/Disabilities -   ’ 540 Mandamus & Other    ’ 465 Other Immigration

     Other    ’ 550 Civil Rights Actions

    ’ 448 Education   ’ 555 Prison Condition

    ’ 560 Civil Detainee -

     Conditions of

    Confinement

    V. ORIGIN (Place an “X” in One Box Only)

    ’ 1 OriginalProceeding

    ’ 2 Removed fromState Court

    ’  3 Remanded fromAppellate Court

    ’ 4 Reinstated or Reopened

    ’  5 Transferred fromAnother District(specify)

    ’  6 MultidistrictLitigation

    VI. CAUSE OF ACTION

    Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):

    Brief description of cause:

    VII. REQUESTED INCOMPLAINT:

    ’ CHECK IF THIS IS A CLASS ACTIONUNDER RULE 23, F.R.Cv.P.

    DEMAND $ CHECK YES only if demanded in complaint

    JURY DEMAND:   ’ Yes   ’  No

    VIII. RELATED CASE(S)IF ANY

    (See instructions):JUDGE DOCKET NUMBER  

    DATE SIGNATURE OF ATTORNEY OF RECORD

    FOR OFFICE USE ONLY

    RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE

    Case 1:15-cv-06398 Document 1-1 Filed 11/06/15 Page 1 of 2 PageID #: 11

    PBSC Urban Solutions

    Outside U.S.

    Brinks Gilson & Lione, NBC Tower - Suite 3600, 455 North CityfrontPlaza Drive, Chicago, IL 60611Tel.: (312) 321-4200

    Motivate International Inc. and NYC Bike Share, LLC

    Kings

    35 USC 1 et seq.

    Infringement of utility and design patents

    1/06/2015  /s/ Danielle Anne Phillip

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    Local Arbitration Rule 83.10 provides that with certain exceptions, actions seeking money damages only in an amount not in excess of $150,000,

    exclusive of interest and costs, are eligible for compulsory arbitration. The amount of damages is presumed to be below the threshold amount unless

    certification to the contrary is filed.

    I, ______________________, counsel for __________________, do hereby certify that the above captioned civil action isineligible for compulsory arbitration for the following reason(s):

    monetary damages sought are in excess of $150,000, exclusive of interest and costs,

    the complaint seeks injunctive relief,

    the matter is otherwise ineligible for the following reason

    DISCLOSURE STATEMENT - FEDERAL RULES CIVIL PROCEDURE 7.1

    Identify any parent corporation and any publicly held corporation that owns 10% or more or its stocks:

    RELATED CASE STATEMENT (Section VIII on the Front of this Form)

    Please list all cases that are arguably related pursuant to Division of Business Rule 50.3.1 in Section VIII on the front of this form. Rule 50.3.1 (a)

     provides that “A civil case is “related” to another civil case for purposes of this guideline when, because of the similarity of facts and legal issues or  because the cases arise from the same transactions or events, a substantial saving of judicial resources is likely to result from assigning both cases to

    same judge and magistrate judge.” Rule 50.3.1 (b) provides that “ A civil case shall not be deemed “related” to another civil case merely because the

    case: (A) involves identical legal issues, or (B) involves the same parties.” Rule 50.3.1 (c) further provides that “Presumptively, and subject to the po

    of a judge to determine otherwise pursuant to paragraph (d), civil cases shall not be deemed to be “related” unless both cases are still pending before

    court.”

    NY-E DIVISION OF BUSINESS RULE 50.1(d)(2)

    1.) Is the civil action being filed in the Eastern District removed from a New York State Court located in Nassau or Suffolk County:_________________________ 

    2.) If you answered “no” above:a) Did the events or omissions giving rise to the claim or claims, or a substantial part thereof, occur in Nassau or Suffolk County?_________________________ 

     b) Did the events or  omissions giving rise to the claim or claims, or a substantial part thereof, occur in the EasternDistrict?_________________________ 

    If your answer to question 2 (b) is “No,” does the defendant (or a majority of the defendants, if there is more than one) reside in NassauSuffolk County, or, in an interpleader action, does the claimant (or a majority of the claimants, if there is more than one) reside in Nassor Suffolk County?______________________ 

    (Note: A corporation shall be considered a resident of the County in which it has the most significant contacts).

    BAR ADMISSION

    I am currently admitted in the Eastern District of New York and currently a member in good standing of the bar of this court.Yes No

    Are you currently the subject of any disciplinary action (s) in this or any other state or federal court?Yes (If yes, please explain) No

    I certify the accuracy of all information provided above.

    Signature:____________________________________________ 

    CERTIFICATION OF ARBITRATION ELIGIBILITY

    Case 1:15-cv-06398 Document 1-1 Filed 11/06/15 Page 2 of 2 PageID #: 12

    Danielle Anne Phillip PBSC Urban Solutions

    PBSC Urban Solutions, hereby certifies that it is not a publicly-held company, that no parent companyis a publicly-held company, and that no publicly-held company owns 10% or more of its stock .

    No

    No

    Yes

    No

     /s/ Danielle Anne Phillip

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    AO 440 (Rev. 06/12) Summons in a Civil Action

    U NITED STATES DISTRICT COURTfor the

     __________ District of __________

    )

    )))))))))))

    Plaintiff(s)

    v. Civil Action No.

     Defendant(s)

    SUMMONS IN A CIVIL ACTION

    To: (Defendant’s name and address)

    A lawsuit has been filed against you.

    Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you

    are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney,whose name and address are:

    If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.You also must file your answer or motion with the court.

    CLERK OF COURT 

    Date:Signature of Clerk or Deputy Clerk 

    DOUGLAS C. PALMER 

    Case 1:15-cv-06398 Document 1-2 Filed 11/06/15 Page 1 of 2 PageID #: 13

      Eastern District of New York 

    PBSC Urban Solutions,

    1:15-cv-6398

    Motivate International Inc. and NYC Bike Share, LLC,

    Motivate International Inc.5202 3rd AvenueBrooklyn, NY 11232

    James R. SobierajDanielle Anne PhillipBrinks Gilson & LioneNBC Tower - Suite 3600455 North Cityfront Plaza DriveChicago, IL 60611

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    AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)

    Civil Action No.

    PROOF OF SERVICE

    (This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))

    This summons for (name of individual and title, if any)

    was received by me on (date) .

    ’ I personally served the summons on the individual at (place)

    on (date) ; or 

    ’ I left the summons at the individual’s residence or usual place of abode with (name)

    , a person of suitable age and discretion who resides there,

    on (date) , and mailed a copy to the individual’s last known address; or 

    ’ I served the summons on (name of individual) , who is

     designated by law to accept service of process on behalf of (name of organization)

    on (date) ; or 

    ’ I returned the summons unexecuted because ; or  

    ’ Other (specify):

    .

    My fees are $ for travel and $ for services, for a total of $ .

    I declare under penalty of perjury that this information is true.

    Date:Server’s signature

    Printed name and title

    Server’s address

    Additional information regarding attempted service, etc:

    Case 1:15-cv-06398 Document 1-2 Filed 11/06/15 Page 2 of 2 PageID #: 14

    1:15-cv-6398

    0.00

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    AO 440 (Rev. 06/12) Summons in a Civil Action

    U NITED STATES DISTRICT COURTfor the

     __________ District of __________

    )

    )))))))))))

    Plaintiff(s)

    v. Civil Action No.

     Defendant(s)

    SUMMONS IN A CIVIL ACTION

    To: (Defendant’s name and address)

    A lawsuit has been filed against you.

    Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you

    are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney,whose name and address are:

    If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.You also must file your answer or motion with the court.

    CLERK OF COURT 

    Date:Signature of Clerk or Deputy Clerk 

    DOUGLAS C. PALMER 

    Case 1:15-cv-06398 Document 1-3 Filed 11/06/15 Page 1 of 2 PageID #: 15

      Eastern District of New York 

    PBSC Urban Solutions,

    1:15-cv-6398

    Motivate International Inc. and NYC Bike Share, LLC,

    NYC Bike Share, LLC5202 3rd AvenueBrooklyn, NY 11232

    James R. SobierajDanielle Anne PhillipBrinks Gilson & LioneNBC Tower - Suite 3600455 North Cityfront Plaza DriveChicago, IL 60611

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    AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)

    Civil Action No.

    PROOF OF SERVICE

    (This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))

    This summons for (name of individual and title, if any)

    was received by me on (date) .

    ’ I personally served the summons on the individual at (place)

    on (date) ; or 

    ’ I left the summons at the individual’s residence or usual place of abode with (name)

    , a person of suitable age and discretion who resides there,

    on (date) , and mailed a copy to the individual’s last known address; or 

    ’ I served the summons on (name of individual) , who is

     designated by law to accept service of process on behalf of (name of organization)

    on (date) ; or 

    ’ I returned the summons unexecuted because ; or  

    ’ Other (specify):

    .

    My fees are $ for travel and $ for services, for a total of $ .

    I declare under penalty of perjury that this information is true.

    Date:Server’s signature

    Printed name and title

    Server’s address

    Additional information regarding attempted service, etc:

    Case 1:15-cv-06398 Document 1-3 Filed 11/06/15 Page 2 of 2 PageID #: 16

    1:15-cv-6398

    0.00

    Print Save As...   Reset

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    EXHIBIT A

    Case 1:15-cv-06398 Document 1-4 Filed 11/06/15 Page 1 of 11 PageID #: 17

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    I lll lllllll Ill

    lllll llllll llll

    lllll lllll lllll

    lllll llll

    lllllll llH

    c12)

    United States Design Patent

    Dallaire

    (54)

    BICYCLE

    (75) Inventor:

    Michel Dallaire,

    Montreal (CA)

    (73) Assignee: Societe En Commandite

    Stationnement

    De

    Montreal, Montreal,

    Quebec (CA)

    c••)

    Term: 14 Years

    (21) Appl. No.: 29/319,352

    (22) Filed:

    Jun.6,2008

    (51)

    LOC

    (9)

    CI. . ................................................

    12-11

    (52) U.S.

    CI ..................................................... Dl2/ll l

    (58) Field of Classification Search ................ Dl2/l ll ,

    Dl2/117,

    110, 119; 280/274-280, 283-288,

    280/281.1, 288.1-288.4, 202, 214, 215, 223;

    180/219, 220, 205-207, 65.1--65.6

    See application file for complete search history.

    (56)

    References Cited

    U.S. PATENT DOCUMENTS

    D253,102

    s ..

    D291 ,292 s ..

    D386,723 s ..

    5,841,351 A

    7,114,738 Bl

    D574,756

    s •

    D578,440 s

    7,471,

    191

    B2

    2004/0188976 Al

    2006/0116132

    Al

    2006/0145446 Al

    2007/0158949

    Al

    2007/0220933 Al

    2007/0239465 Al

    2008/0018440 Al

    2008/0027794 Al

    2008/0297108 Al

    10/ 1979 Hahn .......... .. ............ D 12/111

    8/1987 Smith et al. .... ..... ...... . D 12/111

    11/1997 Fujieda .... .................. Dl2/110

    11/1998 Rey

    10/2006 Chen

    8/2008 Masui et al ............... Dl2/111

    1012008 Giugiaro

    1212008 Le Gars

    9/2004 Schmider

    6/2006 Le Gars

    7 2006 Schmider

    7/2007 Le Gars

    et

    al.

    9/2007 Gagosz et al.

    10/2007 Le Gars et al.

    112008

    Aulbers et al.

    1/2008 Le Gars et al.

    1212008 Le Gars

    FOREIGN PATENT DOCUMENTS

    EP

    EP

    0985596

    1902934

    312000

    312008

    USOOD594787S

    (10)

    Patent No.: US

    D594,787 S

    **

    Jun.23,2009

    45)

    Date

    o

    Patent:

    FR 2837460 9/2003

    WO 1997030884 8/1997

    WO

    199809254 3/1998

    WO 2005001781

    112005

    WO

    2006021650 3/2006

    WO 2006024738

    3/2006

    WO

    2006095092 912006

    WO

    2006120328 11/2006

    OfHER PUBLICATIONS

    LaPointe, Automatic Bicycle Service (Bicycle), University Design

    Project, DELIA 2008 Exposition For Industrial Design Graduates,

    May 2008, Universite de Montreal.

    Vezina, Automatic Bicycle Service (Rental Station), University

    Design Porject, DELIA 2008 Exposition For Industrial Design

    Graduates, May 2008, Univerisite de Montreal.

    (Continued)

    Primary

    Examiner Robin

    V Webster

    Assistant Examiner Linda Brooks

    (74) Attorney, Agent, or Firm-Nixon Peabody LLP;

    Alexandre Abecassis

    (57)

    CLAIM

    The ornamental design for a bicycle, as shown and described.

    DESCRIPTION

    FIG. 1 is a front perspective view of a bicycle showing

    my

    new design;

    FIG. 2 is a rear perspective view thereof;

    FIG. 3 is a left side elevation view thereof;

    FIG. 4 is a right side elevation view thereof;

    FIG. 5 is a top plan view thereof;

    FIG. 6 is a bottom plan view thereof;

    FIG. 7 is a front elevation view thereof; and,

    FIG. 8 is a rear elevation view thereof.

    The portions shown

    in

    broken lines do not form part of

    the

    claimed design.

    1 Claim, 7 Drawing Sheets

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    US

    D594,787 S

    Page2

    OTHER PUBLICATIONS

    Khairallah, Method and Apparatus for Securing a MovableItem to a

    Structure, Unpublished U.S. Appl. No. 61/041, 162, Filing date; Apr.

    23, 2008.

    Mercat, Session 12: Implementing Sustainable Transport - Public

    Bike Services, Presentation, Eur opean Conference on Mobility Man

    agement, London, Jun. 5, 2008.

    Altermodal, Les systemes de velos en libre-service, Presentation,

    Lille (France), Jan. 10, 2007.

    Benedict, Building an Automated Community Bike Program Project

    Sumamry, Hampshire College Division i l l Project, http://redjar.org/

    jared/projects/communitybike/summary/,May 5, 2002.

    Bicincitta, Solutions For Sustainable Mobility, Publicity Brochure,

    Jun. 4, 2008.

    Effia, Velo'+ (Bike-sharing program), http://www.agglo-veloplus.fr/,

    Orleans, France, Oct. 2007.

    Jcdecaux, Cyclocity (Bike sharing program), Janus

    De

    l'Industrie

    2006 (Award), http://www.institutfrancaisdudesign.com/Popups/

    Diaporama/art246.htm, I n s t i t u t F r a n ~ a i s du Design, Paris, France,

    2006.

    B:SM, bicing (Bike-sharing program), http://www.bsmsa.es/

    mobilitat/en/index.php? option=com_content&task=view&id"'6

    &Itemid=7, Barcelona, Spain,

    Mar.

    2007.

    *

    cited

    by

    examiner

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    U.S.

    Patent Jun.23,2009

    Sheet 1

    of7

    US

    D594,787 S

    ,...

    -

    .

    Case 1:15-cv-06398 Document 1-4 Filed 11/06/15 Page 4 of 11 PageID #: 20

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    U.S.

    Patent Jun.23, 2009

    Shee

    t 2 of7

    US

    D594,787 S

    ---- -- .....

    C\I

    .

    ~

    -

    L.

    Case 1:15-cv-06398 Document 1-4 Filed 11/06/15 Page 5 of 11 PageID #: 21

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    U.S. Patent

    Jun.23,2009

    Sheet 3 of7

    US D594,

    78

    7 S

    CV

    ( J

    -

    L

    Case 1:15-cv-06398 Document 1-4 Filed 11/06/15 Page 6 of 11 PageID #: 22

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    U.S. Patent

    Jun.23,2009

    Sheet4

    of7

    US DS94,

    787 S

    '\#-

    C J

    --

    L.

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    U.S.

    Patent

    Jun.23,2009

    Sheet 5 of7

    US D594,

    787

    S

    LO

    CJ

    -

    ..

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    U.S. Patent

    Jun

    .2

    3,2009

    Sheet 6of7

    US

    D594,787 S

    co

    J

    -

    L

    l _)

    Case 1:15-cv-06398 Document 1-4 Filed 11/06/15 Page 9 of 11 PageID #: 25

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    U.S. Patent

    Jun.23,2009

    Sheet

    7of7

    US D594,

    787

    S

    co

    - - - - - - - - . . ,

    ~

    -   --/ \ J

    -

    L

    I'-

    L I D 1 W ~ ~ ~ ~ = ~ = = = = = = = ~

    Case 1:15-cv-06398 Document 1-4 Filed 11/06/15 Page 10 of 11 PageID #: 26

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    Case 1:15-cv-06398 Document 1-4 Filed 11/06/15 Page 11 of 11 PageID #: 27

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    EXHIBIT B

    Case 1:15-cv-06398 Document 1-5 Filed 11/06/15 Page 1 of 10 PageID #: 28

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      1 2 ) United

    States

    Design Patent 1 0 )

    P a t e n t N 0 . :

    D a l l a i r e

    USO0D595618S

    US

    D 5 9 5 , 6 1 8

    S

    ( 5 4 )

    BICYCLE RACK

    ( 7 5 )

    I n v e n t o r :

    M i c h e l D a l l a i r e , M o n t r e a l ( C A )

    ( 7 3 )

    A s s i g n e e : S o c i é t é

    en

    commandite S t a t i o n n e m e n t

    d e

    M o n t r é a l ,

    M o n t r é a l ( C A )

    ( * * )

    T e r m :

    1 4 Years

    ( 2 1 )

    A p p l . N o . :

    2 9 / 3 1 9 , 3 6 4

    ( 2 2 )

    F i l e d : J u n .

    6 ,

    2 0 0 8

    51) LOC 9 ) Cl. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-11

    52 )

    US l .

    . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    .

    D12/115

    58)

    Field of Classi?cation Sea rch . . . . . . . . . . . . . .

    .

    D12/115,

    D 1 2 / 1 2 0 , 4 0 1 , 4 0 0 ; 2 1 1 / 5 ,1 7 * 2 2 ; 3 1 2 / 1 0 0 ,

    3 1 2 / 2 3 7 , 2 1 5 , 2 2 3 . 1 ; 5 2 / 3 6 1 , 3 6 . 2 ,

    3 8 ;

    D 2 5 / 1 ,

    D 2 5 / 1 6 ,

    3 3 ;

    D 6 / 3 9 9 , 4 4 9 ;

    1 8 0 / 2 . 2 , 6 5 . 1 ,

    1 8 0 / 6 5 2 ;

    3 6 2 / 1 3 3 ,

    1 4 5 ,

    2 5 3 ;

    D 2 6 / 5 1 ; D 1 3 / 1 0 1 ,

    D 1 3 / 1 0 2 , 1 8 4 , 1 9 9

    S e e a p p l i c a t i o n ? l e f o r c o m p l e t e s e a r c h h i s t o r y .

    ( 5 6 ) R e f e r e n c e s C i t e d

    U . S . PATENT

    DOCUMENTS

    3,827,773

    A 8/1974 Aiello . . . . . . . . . . . . . . . . . . . . . . . . 312/100

    3,949,528

    A 4/1976 HaItger

    e t a l .

    . . . .

    . . 52/79.1

    D266 557 S *

    10/1982

    Smith . . . . . . . . . . . . . . . . . . . . . .

    . .

    Dl2/ll5

    5 , 3 2 3 , 9 1 5

    A 6 / 1 9 9 4 F o r t u n e e t a 1 .

    D361 539

    S * 8/1995

    M a t l a g a . . . . . . . . . . . . . . . . . . .

    . .

    D12/115

    D361 742 S * 8/1995

    M a t l a g a

    . . . . . . . . . . . . . . . . . . . . . D12/115

    5 , 8 4 1 , 3 5 1 A 1 1 / 1 9 9 8

    Rey

    5 , 9 1 7 , 4 0 7

    A 6 / 1 9 9 9 S q u i r e e t

    a 1 .

    6 , 2 5 7 , 4 1 9 B1 7 / 2 0 0 1 K a m y s i a k

    6,718,697 B2

    4/2004

    Voorhees

    . . . . . . . . . . . . . . . . . .

    .

    52/79.4

    7 , 4 7 1 , 1 9 1 B2

    1 2 / 2 0 0 8

    Le

    G a r s

    2007/0158949 A1 7/2007 Le Gars t

    a l .

    2007/0220933

    A1

    9 / 2 0 0 7

    GagosZ t a l .

    2007/0239465 A1

    10/2007

    Le Gars t a l .

    2008/0027794

    A1

    1 / 2 0 0 8 Le

    Gars

    t a l .

    2008/0297108 A1 1 2 / 2 0 0 8 Le Gars

    CA

    CA

    FOREIGN

    PATENT DOCUMENTS

    2091726

    2226325

    9 / 1 9 9 4

    1 / 1 9 9 7

    ( 4 5 )

    Date

    o f

    P a t e n t : * 9 : J u l . 7 , 2009

    EP

    1902934

    3/2008

    FR

    2837460

    9 / 2 0 0 3

    WO 199809254 3/1998

    WO

    199730884

    8 / 1 9 9 8

    WO

    200154080

    7 / 2 0 0 1

    WO 2005001781 l / 2 0 0 5

    WO

    2005049417

    6 / 2 0 0 5

    WO 2006021650 3/2006

    WO

    2006024738

    3/2006

    WO 2006095092 9/2006

    WO 2006120328 l l / 2 0 0 6

    OTHER PUBLICATIONS

    V e Z i n a ,

    A u t o m a t i c

    B i c y c l e S e r v i c e ( R e n t a l S t a t i o n ) , DELIA 2 0 0 8

    E x p o s i t i o n F o r I n d u s t r i a l D e s i g n G r a d u a t e s , May 0 0 8 , U n i v e r s i t e

    d e

    M o n t r e a l .

    ( C o n t i n u e d )

    P r i m a r y ExamineriRobin

    V e b s t e r

    A s s i s t a n t ExamineriLinda Brooks

    ( 7 4 ) A t t o r n e y , A g e n t , o r F i r m i A l e x a n d r e A b e c a s s i s ;

    F a s k e n

    M a r t i n e a u DuMoulin LLP

    ( 5 7 )

    CLAIM

    The o r n a m e n t a l d e s i g n f o r

    a

    b i c y c l e r a c k , a s shoWn and

    d e s c r i b e d .

    DESCRIPTION

    F I G .

    1 i s

    a

    f r o n t p e r s p e c t i v e vieW o f

    a

    b i c y c l e

    r a c k

    showing

    my

    eW

    d e s i g n i n v e n t i o n ;

    F I G .

    2

    i s a r e a r p e r s p e c t i v e vieW t h e r e o f ;

    F I G . 3 i s a f r o n t e l e v a t i o n

    vieW

    t h e r e o f ;

    FIG. 4

    i s a r e a r e l e v a t i o n

    vieW

    t h e r e o f ;

    F I G .

    5

    i s

    a

    r i g h t s i d e

    e l e v a t i o n

    v i e W t h e r e o f ;

    F I G . 6 i s a l e f t s i d e e l e v a t i o n vieW t h e r e o f ;

    F I G. 7 i s a t o p p l a n v i e W

    t h e r e o f ;

    a n d ,

    F I G . 8 i s a bottom l a n vieW t h e r e o f .

    1 C l a i m , 7

    Drawing

    S h e e t s

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    US D 5 9 5 , 6 1 8

    S

    P a g e

    2

    OTHER PUBLICATIONS

    K h a i r a l l a h , Method

    and p p a r a t u s f o r S e c u r i n g

    a

    Movable I t e m t o

    a

    S t r u c t u r e , U n p u b l i s h e d U . S . A p p l .

    N o .

    6 1 / 0 4 7 , 1 6 2 , F i l i n g

    d a t e : A p r .

    2 3 ,

    2 0 0 8 .

    M e r c a t , S e s s i o n 1 2 :

    Implementing

    S u s t a i n a b le T r a n s p o r t - P u b l i c

    B i k e

    S e r v i c e s ,

    E u r o p e a n

    C o n f e r e n c e

    o n

    M o b i l i t y

    M a n a g e m e n t , Lon

    d o n ,

    J u n .

    5 ,

    2 0 0 8 .

    A l t e r m o d a l ,

    L e s s y s t e m e s d e v e l o s e n l i b r e - s e r v i c e ,

    P r e s e n t a t i o n ,

    L i l l e

    ( F r a n c e ) ,

    J a n .

    1 0 ,

    2 0 0 7 .

    B e n e d i c t , B u i l d i n g a n A u t o m a t e d

    Community

    i k e

    P r o g r a m P r o j e c t

    S u m m a r y , H a m p s h i r e C o l l e g e D i v i s i o n I I I P r o j e c t , h t t p : / / r e d j a r o r g /

    j a r e d / p r o j e c t s / c o m m u n i t y b i k e / s u m m a r y / , May , 2 0 0 2 .

    B i c i n c i t t a , S o l u t i o n s F o r S u s t a i n a b l e

    M o b i l i t y , P u b l i c i t y

    B r o c h u r e ,

    J u n . 4 , 2 0 0 8 .

    B z S M , B i c i n g ( B i k e - s h a r i n g p r o g r a m ) ,

    h t t p : / / W W W b s m s a e s /

    m o b i l i t a t / e n / i n d e X . p h p ? o p t i o n : c o m i c o n t e n t t a s k q l i e w i d : 6

    I t e m i d : 7 , B a r c e l o n a ,

    S p a i n ,

    M a r .

    2 0 0 7 .

    E f ? a , V é l o ’ + ( B i k e - s h a r i n g p r o g r a m ) , h t t p s : / / W W W . a g g l o - v e l o p l u s .

    f r / ,

    O r l é a n s , F r a n c e , O c t .

    2 0 0 7 .

    J c d e c a u x ,

    C y c l o c i t y ( B i k e s h a r i n g P r o g r a m ) , J a n u s De

    l ’ I n d u s t r i e

    2 0 0 6

    ( A w a r d ) ,

    h t t p : / / W W W . i n s t i t u t f r a n c a i s d u d e s i g n . c o m / P o p u p s /

    D i a p o r a m a / a r t 2 4 6 . h t m , I n s t i t u t F r a n c a i s d u D e s i g n , P a r i s ,

    F r a n c e ,

    2 0 0 6 .

    *

    c i t e d by

    examiner

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    US. Patent J u l . 7 ,

    2 0 0 9

    S h e e t

    1

    o f 7

    US D595,618

    S

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    US. Patent J u l . 7 ,

    2 0 0 9

    S h e e t 2 o f 7

    US D595,618

    S

    i } :/ / / / / / / / / / / / / /

    Q E I E

    F I G . 2

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    US. Patent J u l . 7 ,

    2 0 0 9

    S h e e t 3 o f 7

    US D595,618

    S

    F | G . 3

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    US. Patent J u l . 7 ,

    2 0 0 9

    S h e e t 4 o f 7

    US D595,618

    S

    A R T “ :

    A m i

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    US. Patent J u l . 7 ,

    2 0 0 9

    S h e e t 5 o f 7

    US D595,618

    S

    F I G . 5

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    US. Patent J u l . 7 ,

    2 0 0 9

    S h e e t 6 o f 7

    US D595,618

    S

    F I G . 6

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    US. Patent J u l . 7 ,

    2 0 0 9

    S h e e t 7 o f 7

    US D595,618

    S

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    EXHIBIT C

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    02)

    United States

    Patent

    Khairallah et al.

    (54) METHOD AND APPARATUS

    FOR

    SECURING

    A MOVABLE ITEM TO A STRUCTURE

    (75) Inventors: Charles Ibrahim Khairallah, Montreal

    (CA); Michel Dallaire, Montreal (CA)

    (73) Assignee: Societe

    de

    Velo En Libre-Service,

    Lachine (CA)

    (

    *)

    Notice: Subject to any disclaimer, the term of his

    patent is extended

    or

    adjusted under 35

    U.S.C. 154(b) by 189 days.

    (21) Appl. No.: 12/417,108

    (22) Filed:

    (65)

    Apr. 2,2009

    Prior

    Publication Data

    US 2009/0266673 Al

    Oct. 29, 2009

    Related U.S. Application

    Data

    (60) Provisional application No. 61/047,162, filedonApr.

    23, 2008.

    (51) Int. CI.

    G07F 7100

    (2006.01)

    (52) U.S.

    Cl ..........

    .... 194/211; 70/233; 70/234; 70/262;

    340/432; 211/5; 211117; 248/551

    (58) Field

    of

    Classification Search ............ ...... 194/205,

    (56)

    194/210--213, 904; 340/5.6, 432; 211/5,

    211/13.1, 17-22; 248/551-553; 70/233-236,

    70/262-265

    See application file for complete search history.

    References

    Cited

    U.S. PATENT DOCUMENTS

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    5,611,638 A •

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    524

    510

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    506

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    540

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    I llll llllllll

    Ill

    lllll lllll llll lllll llll

    US008061499B2

    (10) Patent No.: US 8,061,499 B2

    Nov. 22, 201145) Date of Patent:

    2006/0283219

    Al

    2007/0220933 Al

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    Al

    200810297108

    Al

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    FOREIGN PATENT DOCUMENTS

    EP

    0985596 3/2000

    (Continued)

    OTHER PUBLICATIONS

    Benedict, Building

    an

    Automated Communit y Bike Program Project

    Summary, Hampshi re College Division Ill Project, http://redjar.o:rg/

    jared/projects/communitybike/summary/,

    May

    5 2002, pp. 13-15.

    Primary Examiner -

    Jeffrey Shapiro

    (74) Attorney, Agent, or Firm - Pearl Cohen Zedek Latz.er,

    LLP

    (57)

    ABSTRACT

    An

    electronic lock for removably securing a movable item to

    a structure, the electronic lock comprising first and second

    complementary cooperating connecting members, each

    beingfixedlymountedtoarespectiveoneofthemovableitem

    and the structure and being engageable together in a lockable

    position; and a securing assembly for securing the first and

    second connecting members together when engaged in

    the

    lockable position, the securing assembly comprising a mov

    able locking member operatively associated to the first con

    necting member, a locking aperture defined in the second

    connecting member, the locking aperture being adapted for

    receiving the movable locking memb er when the connecting

    members are engaged together in the lockable position; an

    actuator operatively coupled to the movable locking member

    for actuating the movable locking member between an

    unlocked position enabling disengagement

    of

    the first and

    second connecting members and a locked position wherein

    the movable locking member engages the locking aperture,

    and electronic control means for controlling selective actua

    tion

    of

    the movable locking member.

    37

    Claims,

    21

    Drawing

    Sheets

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    EP

    FR

    GB

    JP

    JP

    KR

    WO

    FOREIGN PATENT DOCUMENTS

    2093718

    2837460

    2327069

    2008137640

    2008191922

    20090091841

    9809254

    8/2009

    9/2003

    111999

    6/2008

    8/2008

    8/2009

    3/1998

    US

    8,061,499 B2

    Page2

    WO 0154080

    WO 2005001781

    WO 2006021650

    WO 2006120328

    WO 200815744 3

    WO 2009080566

    ' cited by examiner

    7/2001

    1/2005

    3/2006

    ll/2006

    12/2008

    7/2009

    Case 1:15-cv-06398 Document 1-6 Filed 11/06/15 Page 3 of 37 PageID #: 40

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    U.S. Patent

    100

    ~ 1 2 8

    Nov. 22, 2011

    126

    Sheet 1 of21

    US 8,061,499 B2

    FIG.1

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    Patent Nov. 22, 2011 Sheet 20 of 21

    Providing an electronic lock for securing a

    movable item to a structure

    Engaging the first and second connecting

    members together in

    the lockable position

    US 8,061,499 B2

    1500

    1502

    Actuating the locking member to the locked 1504

    position

    FIG.15

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    Sheet 21 of

    21

    Providing an electronic lock for securing a

    bicycle to a bicycle rack

    Guiding the male connector towards the

    lockable position

    Engaging the first and second connecting

    members together in the lockable position

    Holding the first and second connecting

    members engaged together in the lockable

    position

    Monitoring a positioning of the first and

    second connecting members

    in

    the

    lockable position

    Identifying the bicycle to provide an

    identification thereof

    Actuating the locking membei to the locked

    position

    FIG.16

    US

    8,061,499 B2

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    1602

    1604

    1606

    1608

    1610

    1612

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    US 8,061,499 B2

    1

    METHOD AND APPARATUS FOR SECURING

    A MOVABLE ITEM

    TO

    A

    STRUCTURE

    CROSS REFERENCE TO RELATED

    APPLICATION

    The present application cJaims priority from U.S. provi

    sional patent application Ser. No. 61/047,162 filed Apr. 23,

    2008, the specification of which is herein incorporated by

    reference.

    FIELD

    OF

    THE INVENTION

    The

    invention relates

    to

    Jocking systems. More precisely,

    the invention pertains to

    an

    electronic lock for securing a

    movable item to a structure and an associated method.

    BACKGROUND OF THE INVENTION

    Securing a moveable item

    to a structure is of great interest

    for various applications. For instance, it may be desirable to

    secure a vehicle to a fixed structure. This may be particularly

    advantageous

    in

    applications where

    the

    vehicle is to

    be

    rented

    for a given amount oftime.

    More specifically, there has been inrecent years a rise in the

    popularity

    of

    automated rental systems for vehicles such as

    bicycles for example. Such a system generally comprises

    an

    automated rental station from whi ch a user may rent a bicycle

    for a given amount of time.

    In such a system, a bicycle to be rented is generally remov

    ably secured to a bicycle rack

    by

    means of a Jocking mecha

    nism. A user may selectively unsecure a nd secure again the

    bicycle from the bicycle rack in certain circumstances, for

    instance after paying a given fee and/or providing a personal

    identification code.

    Such rental systems generaJly comprise a plurality ofrental

    stations located in different public locations, making them

    likely targets

    of

    acts of vandalism from malevolent individu

    als. Their robustness is thus an important element

    of

    a suc

    cessful rental system.

    For example, U.S. Pat. No. 5,917,407, granted to Squire,

    discJoses

    an

    automated bicycJe renting station wherein the

    bicycle rackcomprises a locking mechanis m having a hookor

    latch member. This

    hook or

    latch member is designed

    to

    selectively pivot around

    an

    axle to engage a rod

    or

    a keeper

    mounted

    on

    the bicycJe to

    be

    secured, thereby effectively

    securing the bicycle to·the renting station.

    2

    There is therefore a need for a method and an apparatus that

    will overcome

    at

    least oneof he above mention ed drawbacks.

    BRIEF SUMMARY

    There is provided

    an

    electronic

    lock

    for removably secur

    ing a movable item to a structure, the electronic Jock com

    prising first and second complementary cooperating connect

    ing members, each being fixedly mounte d to a respective one

    lO

    of

    the movable item and the structure and being engageable

    together in a lockable position, and a securing assembly for

    securing the first

    and

    second connecting members together

    when engaged in he lockable position, the securing assembly

    15

    comprising a movable Jocking member operatively associ

    ated to the first connecting member, a locking aperture

    defined in the second connecting member, the locking aper

    ture being adapted for receiving the movable Jocking member

    when the connecting members are engaged together in the

    20

    lockable position, an actuator operatively c oupled to the mov

    able Jocking member for actuating the movabl e Jockingmem

    ber between an unlocked position enabling disengagement

    of

    the first and second connecting members and a locke d posi

    tion wherein the movable Jocking member engages the lock-

    25 ing aperture andelectronic control me ans operatively coupled

    to the actuator for controlling selective actuation of he mov

    able Jocking member from the unlocked position to the locked

    positionand from the Jocked position to the unlocked position

    when the connecting members are engaged together in the

    30 lockable position.

    In

    one embodiment, the first connecting member com

    prises a female connector mounted to the structure and the

    second connecting member comprises a corresponding

    complementary male connector mounted to the movable

    35

    item.

    In another embodiment, the second connecting member

    comprises a male connector having a front tapered portion,

    the tapered portion comprising two opposed side surfaces

    converging towards each other

    and

    a bottom surface, the first

    40 connecting member comprising a female connector having a

    recess adapted for receiving the front tapered portion therein,

    the recess comprising a corresponding tapered portion having

    two opposed inner side walls converging towards each other

    and two opposed sitting members projecting inwards the

    45 recess and adapted for slidably receiving thereon the tapered

    portion of he male connector.

    Such a station may be subject to vandalism. Indeed, a

    malicious pers on may tug at the bicycJe engaged in the rent

    ing station, using the latch as a lever and the axle as a pivot

    point to bend the latch out of shape

    or

    damage the keeper

    and

    50

    free

    the

    bicycle from the renting station without paying the

    given fee.

    In

    a further embodiment, each of the two opposed side

    surfaces and the bottom surface of he front tapered portionof

    the male connector comprises a planar surface.

    In

    another embodiment, the two opposed side surfaces of

    the front tapered portion

    of

    the male connector define a

    V-shape an d the corresponding inner side walls

    of

    he tapered

    portion

    of

    he recess

    of

    he female connector define a comple

    mentary V-shape adapted to snuggly receive the front tapered

    Other locking systems for bicycles have also been pro

    posed in the

    art.

    However, such systems are stiJI prone

    to

    property damage and theft

    of

    bicycles and

    may

    thus cause

    great financial harm to operators

    of

    such bicycle renting sys

    tems.

    55 portion

    of

    the male connector.

    Moreover, in some bicycle rental systems, unsecuring a

    bicycle from a bicycle rental station involves lifting the

    bicycle

    or

    otherwise manipulating the bicycJe such that a 60

    great physical effort is required from a user

    of

    the bicycle

    rental system. This activity is inconvenient for the user and

    may lead to injuries.

    Furthermore,

    in

    some bicycle rental systems, the task of

    guiding the bicycle towards thebicycJerack for ti).epurposeof 65

    securing the bicycle to the bicycle rack may be arduous and

    inconvenient for a user.

    In yet another embodiment, each of he two opposed side

    surfaces of the front tapered portion of

    the

    male connector

    comprises a substantially vertical planar surface and eac h of

    the two opposed inner side waJls of he tapered portion of

    he

    recess of he female connector comprises a substantially ver

    tical plana r surface.

    In yet another embodiment,

    the

    second connecting mem

    ber comprises a locking finger extending downwardly from

    the

    front tapered portion, the locking aperture being provided

    on

    the

    locking finger.

    In a further embodiment, the recess

    of he

    female connector

    further comprises two opposed lower inner side walls con-

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    US 8,06 1,499 B2

    3

    verging towards each other and defining a finger channel

    adapted for receiving the Jocking finger therein.

    In one embodiment, the male connector further comprises

    a back portion and a hinge extending between the front

    tapered portion

    and

    the back portion for enabling a jointed

    coupling therebetween.

    In

    one embodiment, the electronic lock further comprises

    holding means adapted for cooperating with each

    of

    he con

    necting members for temporarily holding the connecting

    members together in the lockable position once engaged

    10

    therein.

    In a further embodiment, the holding means comprise a

    pair of wo opposed biased elements mounted to a respective

    one of he first and second connecting members, each of he

    biased elements having a resting position wherein the ele-

    15

    ment is urged outwardly and protrudes from the correspond

    ing connecting member, the holding means further compris

    ing a pair of corresponding cooperating opposed receiving

    recesses mounted to the remaining connecting member, each

    of

    the receiving recesses being adapted to receive therein a

    20

    corresponding biased element when the first and second con

    necting members are engaged in the lockable position,

    thereby holding the connecting members together in the lock

    able position.

    Inanother further embodiment, each

    of

    he biased elements 25

    comprises a ball and a ball spring mounted in a ball housing,

    each

    of

    the receiving recesses comprising a corresponding

    spherical portion.

    In yet another further embodiment, each

    of

    the biased

    elements is mounted on the connecting member mounted to

    30

    the structure and eachof he receiving recesses is mounted

    on

    the connecting member mounted to the movable item.

    In yet a further embodiment, the connecting member

    mounted to the structure comprises a female connector and

    the connecting member mounted to the movable item com- 35

    prises a male connector.

    4

    and second connecting members in the lockable positionand

    identification

    of

    the associated movable item.

    In yet a further embodiment, the identification tag com

    prises an RFID tag and the identification reader comprises

    an

    RFID reader mounted to the structure.

    In one embodiment, the electronic control means comprise

    unsecuring means for enabling an actuating

    of

    the movable

    Jocking member from the locked position to the unlocked

    position, the unsecuring means being selected from a group

    consisting of a card reader adapted for receiving a corre

    sponding user card, a keypad adapted for receiving a user

    code and a bar code reader adapted for reading a correspond

    ing bar code.

    In another embodiment, the movable locking member

    comprises an elongated member axially translatable between

    the unlocked position and the locked position, the locking

    member being engaged at both ends in the

    first

    connecting

    member through the Jocking aperture when in the locked

    position.

    In a further embodiment, the actuator comprises a motor

    and a shaft driven by the motor, the shaft being attached

    to

    the

    movable locking member for driving the movable locking

    member between the unlocked position and the locked posi

    tion.

    In yet a further embodiment, the securing assembly further

    comprises shaft position detecting means for monitoring a

    position of

    the shaft to thereby monitor a position

    of

    the

    movable locking member.

    In yet a further embodiment, the shaft position detecting

    means comprise an optical detector and a mechanical detec

    tor, each

    of

    the detectors being adapted for detecting the

    position

    of

    he shaft and an associated positionof he movable

    locking member in the locked position.

    In one embodiment, the movable item comprises a bicycle

    and the structure comprises a bicycle rack.

    In a further embodiment, the bicycle rack is a part of a

    bicycle rental station.none embodiment, the securing assembly comprises posi

    tion detecting means mounted to one of the first and second

    connecting members for detecting a positioning

    of

    the first

    and second connecting members i n the lockable position.

    In another further embodiment, the connecting member

    mounted on the bicycle comprises attaching means for fixedly

    40

    attaching the connecting member to a fork of the bicycle.

    In another embodiment, the securing assembly comprises

    position detecting means mounted to the female connector for

    detecting a positioning of the first

    and

    second connecting

    members

    in

    the lockable position, the position detecting

    means being adapted for detecting a positioning of he Jock-

    45

    ing finger in the finger channel.

    In one embodiment, the securing assembly further com

    prises position detecting means mounted to one of the first

    and second connecting members for detec ting a positioning

    In yet a further embodiment, the attaching means comprise

    a pair of cylindrical holes extending through the connecting

    member mounted on the bicycle, the pair of cylindrical holes

    being adapted to fixedly receive the fork

    of

    the bicycle

    therein.

    In

    one embodiment, the movable item comprises a vehicle

    selected from a group consisting

    of

    a stroller, a wheelchair,

    an

    all-terrain vehicle, a scooter and a boat.

    According to one embodiment, there is provided an elec

    tronic Jock for removably securing a movable item to a struc

    ture, the electronic lock comprising an elongated male con

    nector fixedly mounted to the movable item and comprising a

    Jocking aperture, a female connector fixedly mounted to the

    structure and adapted for removably receiving therein the

    of

    the first and second connecting member in the lockable 50

    position, the electronic control means being adapted for

    selectively actuating the actuator to move the movable lock

    ing member from the unlocked position to the locked position

    upon detection of the positioning of the first and second

    connecting member in the lockable position.

    In another embodiment, the securing assembly further

    comprises position detecting means mounted to one

    of

    the

    first and second connecting members for detecting a position

    ing

    of

    he first and second connecting member in the lockable

    position, an identification tag associated with the movable

    60

    item and an identification reader for identifying the identifi

    cation tag and the associated movable item when the first and

    second connectors are engaged in the lockable position.

    55

    elongated male connector and a securing assembly associated

    to the female connector, the securing assembly comprising a

    movable locking member displaceable between an unlocked

    position for allowing the female connector to receive therein

    In a further embodiment, the electronic control means are

    adapted for selectively actuating the actuator to move the

    65

    movable locking member from the unlocked position to the

    Jocked position upon detection

    of

    the positioning of the first

    the elongated male connector and a locked position, an actua

    tor for causing displacement of he locking member between

    the unlocked position and the Jocked position and electronic

    control means coupled to the actuator for controlling dis

    placementof he locking member between the unlocked posi

    tion and the locked position, wherein when the elongated

    male connector is received in the female connector, the elec

    tronic control means controls the actuator for causing the

    locking member to displace towards the locked position and

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    5

    to engage the locking aperture, thereby securing the elon

    gated male connector in the female connector.

    According to another aspect, there i s provided a method for

    removably securing a movable item to a structure.

    6

    Accordingly, the method comprises providing an elec

    tronic lock for removably securing the movable item to the

    structure, the electronic lock comprising first and second

    complementary cooperating connecting members, each

    being fixedly mounted to a respective one

    of

    he movable item

    and the structure and being engageable together in a lockable

    position, and a securing assembly for securing the first and

    second connecting members together when engaged in the

    lockable position, the securing assembly comprising a mov

    able locking member operatively associated to the first con

    necting member, a locking aperture defined in the second

    connecting member, the locking aperture being adapted for

    receiving the movable locking member when the connecting

    members are engaged together in the lockable position, an

    actuator operatively coupled to the movable locking member

    for actuating the movable locking member between an

    unlocked position enabling disengagement of the first and

    second connecting members and a locked position wherein

    the movable locking member engages the locking aperture

    and electronic control means operatively coupled to the 25

    actuator for controlling selective actuation

    of

    the movable

    locking member from the unlocked position to the locked

    position and from the locked position to the unlocked position

    when the connecting members are engaged together in the

    lockable position; engaging the first and second connecting

    30

    members together in the lockable position and actuating the

    locking member to the locked position so that the locking

    member engages the locking aperture, thereby securing the

    movable item to the structure.

    Accordingly, the kit comprises first and second comple

    mentary cooperating connecting members, each being fix

    edly mountable to a respective one of he movable item and

    the structure and being engageable together

    in

    a lockable

    position, and a securing assembly for securing the first and

    second connecting members together

    when

    engaged in the

    lockable position, the securing assembly comprising a mov

    able locking member operatively associatable to the first con

    necting member, a locking aperture defined

    in

    the second

    10

    connecting member, the locking aperture being adapted for

    receiving the movable locking member when the connecting

    members are engaged together in the lockable position, an

    actuator operatively couplable to the movable locking mem-

    In one embodiment, the method further comprises moni

    toring a positioning of the first and second connecting mem

    bers in the lockable position before actuating the locking

    member.

    15 ber for actuating the movable locking member between an

    unlocked position enabling disengagement

    of

    the first and

    second connecting members and a locked position wherein

    the movable locking member engages the locking aperture

    and electronic control means operatively couplable to the

    20

    actuator for controlling selective actuation of the movable

    locking member from the unlocked position to the locked

    position and from the locked position to the unlocked position

    when the connecting members are engaged together in the

    lockable position.

    BRIEF DESCRIPTION OF THE DRAWINGS

    In order that the invention may be readily understood,

    embodiments of the invention are illustrated by way of

    example in the accompanying drawings.

    FIG.1 is a rear perspective view ofa bicycle rack having an

    electronic lock mounted thereon in accordance with one

    embodiment, with a bicycle removed from the bicycle rack.

    FIG. 2 is another rear perspective view of he bicycle rack

    35

    shown in FIG.1.

    FIG.3 is a front perspective view

    of

    he bicycle rack shown

    in FIG.1.

    In another embodiment, the method further comprises

    identifying the movable item before actuating the locking 40

    member.

    FIG. 4 is a rear perspective view

    of

    he bicycle secured to

    the bicycle rack using the electronic lock shown in FIG.

    1.

    FIG. 4A is an enlarged view

    of

    he electronic lock shown in

    FIG.4.

    In yet another embodiment, engaging the first and second

    connecting members together

    in

    the lockable position com

    prises guiding the connecting member mounted to the mov

    able item towards the lockable position.

    FIG. SA is a front perspective view ofan electronic lock for

    removably securing a movable item to a structure, in accor-

    45

    dance with one embodiment.

    In yet another embodiment, engaging the first and second

    connecting members together in the lockable position com

    prises holding the first and second connecting members

    engaged in the lockable position.

    In yet another embodiment, the method further comprises, 50

    before actuating the locking member, detecting a positioning

    of the first and second connecting members i n the lockable

    position and identifying the movable item to providean

    iden

    tification thereof, wherein, inthe actuating, the locking mem

    ber is actuated to the locked position upon detection

    of

    the

    55

    positioning

    of

    he first and second connecting members in the

    lockable position and the identification

    of

    the movable item.

    In a further embodiment, identifying comprises a radio

    frequency identification.

    In one embodiment, the method further comprises request- 60

    ing a user identification and actuating the locking member to

    the unlocked position for unsecuring the movable item upon

    reception

    of

    the user identification.

    FIG. SB is a right perspective view of the electronic lock

    shown in FIG. SA.

    FIG. SC is a right perspective view of another electronic

    lock for removably securing a movable item to a structure.

    FIG. 6 is a right perspective view

    of

    the electronic lock

    shownin FIG. SB wherein the male connectoris engaged with

    the female connector.

    FIG. 7 is a bottom perspective view of he electronic lock

    shown in FIG. 6.

    FIG. BA is a left side elevation view

    of

    the electronic lock

    shown in FIG. 6.

    FIG. 8B is a top plan view of the electronic lock shown in

    FIG.6.

    FIG. 8C is a right side elevation view of he electronic lock

    shown in FIG.

    6.

    FIG. 8D is a front elevation view of the electronic lock

    shown in FIG.

    6.

    In another embodiment, the movable item comprises a

    bicycle and the structure comprises a bicycle rack.

    FIG. 9 is a 3Dperspectiveview, cross-sectioned along lines

    65 AA-AA of FIG. 6,

    of

    the electronic lock shown

    in

    FIG.

    6.

    According to another aspect, there is provided a kit for

    removably securing a movable item to a structure.

    FIG. 10 is a rear elevation view

    of

    the electronic lock

    shown in FIG. 6.

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    7

    8

    FIG. l lA is a front elevation view, cross-sectioned along member comprises a corresponding complementary male

    lines

    AA-AA

    of FIG. 6, of the electroni c Jock

    shown in

    FIG. connector 108 mounted to the bicycle 104, as bet ter shown

    in

    6, wherein the

    male

    connector is unsecured from the female FIG. 2.

    connector. As it will be more clearly detailed thereinafter, the male

    FIG. l lB is another front elevation view, cross-sectioned connector 108 and the female connector 106 are engageable

    along lines

    AA-AA of

    FIG. 6,

    of he

    electronic Jock shown in together

    in

    a lockable position.

    FIG. 6 wherein

    the

    male

    connector

    has

    been

    secured in

    the In he

    embodiment

    shown

    in FIGS. 1to3, the bicycl