GREAT NECK, N.Y., Sept. 2, 2010 —
Highway Toll Administration, LLC (HTA), the nation's leading provider of electronic
toll collection services to the car-rental industry, received on Aug. 30, 2010, a
favorable Markman ruling in a pending patent lawsuit brought against the company by
PlatePass, LLC (PlatePass).
"A Markman ruling is a pretrial opinion issued by a U.S. District Court,
in this case the Southern District of Texas, in Houston, determining the scope of patent claims,"
said Scott Bornstein, co-chair of Greenberg Traurig's patent litigation group and, along with
Allan Kassenoff, HTA's outside counsel.
"Also known as a 'claim construction' opinion, it is a ruling on the meanings
of relevant key words used in claims, when patent infringement is alleged," he continued.
"A Markman hearing, at which evidence is heard by a judge, and the judge's subsequent ruling are
two of the most critical events in such cases."
Summarizing the history of the case, Bornstein explained that in December 2008
PlatePass sued HTA, claiming infringement of U.S. Patent No. 6,127,938, for a toll-tag holder used
in rental cars. In May 2009 HTA sought a declaratory judgment of non-infringement and patent invalidity,
asserting counterclaims for various state law torts. This was quickly followed, he said, by both
parties submitting Markman briefs.
"In its brief," Bornstein said, "PlatePass attempted to broaden the scope of the
patent-in-suit by arguing that the claim term 'drawer for slidable engagement' should be construed to
include a box that 'open[s] by swinging out on a pivot.'"
In the Markman ruling, the court construed the key terms in HTA's favor, stated Bornstein.
"Specifically, the court expressly rejected PlatePass's argument about the scope of the claimed 'drawer,'"
he said, adding, "According to the court, 'The ordinary definition of a drawer is a box that slides in and
out of a larger box as a frame. It does not pivot....'"
Given the court's decision, said David Centner, president and CEO of HTA, "We expect to
file a motion for summary judgment of non-infringement. We also intend to vigorously pursue our counterclaims,
on which this court decision has no effect."
About Highway Toll Administration, LLC (HTA)
Established in 2002, HTA was the first electronic-toll-payment service provider to the car-rental
industry and today has more than 75% market share by transaction volume. The company, which handles the tolling
interests of more than 1.3 million vehicles, has processed in excess of 10 million electronic toll-collection
transactions with data from both transponder-based and license-plate-based video tolling. Through its patent-pending
technology and proprietary services, HTA offers the most comprehensive electronic toll collection solutions in its field,
from transponder rentals to video tolling and violations processing. The company's customer roster includes ACO Rent
A Car, Alamo Rent A Car, Avis Rent A Car, Budget Rent A Car, Carl's Van Rentals, Enterprise Rent A Car, National Car
Rental, Payless Car Rental and dozens of independents, as well as franchisees, such as those of Dollar Rent A Car,
Payless Car Rental, Thrifty Car Rental and U-Save Car and Truck Rental. HTA often operates under the brands of its
customers; for example, Avis eToll and EHI's TollPass Automatic.
Please visit www.htallc.com
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Note: PlatePass is a division of American Traffic Solutions, Inc.
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