IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE GPNE CORP., Plaintiff, v. AMERIGAS PARTNERS, L.P.

, Defendant. JURY TRIAL DEMANDED Case No.

COMPLAINT FOR PATENT INFRINGEMENT Plaintiff GPNE Corp. (GPNE) complains upon information and belief of Defendant Amerigas Partners, L.P. as follows: NATURE OF LAWSUIT 1. This is a claim for patent infringement arising under the patent laws of the United

States, Title 35 of the United States Code. THE PARTIES 2. Plaintiff GPNE is a corporation organized and existing under the laws of the state

of Delaware with its principal place of business at 2556 Lemon Road, Suite B101, Honolulu, Hawaii 96815. 3. On information and belief, Defendant Amerigas Partners, L.P. is a company

organized under the laws of Delaware with its registered agent being the Prentice-Hall Corporation System, Inc., 2711 Centerville Road Suite 400, Wilmington, DE 19808, and is hereafter referred to as Defendant or Amerigas.

JURISDICTION AND VENUE 4. This Court has jurisdiction over the subject matter of this action under 28 U.S.C.

1331 and 1338(a). 5. This Court has personal jurisdiction over the Defendant by virtue of its being an

entity organized and existing under the laws of the State of Delaware, and thus resident within this judicial district. 6. and 1400(b). THE PATENTS-IN-SUIT 7. On June 30, 2009, United States Patent No. 7,555,267 (the 267 Patent), entitled Venue is proper in this judicial district pursuant to 28 U.S.C. 1391(b), 1391(c)

Network Communication System Wherein A Node Obtains Resources For Transmitting Data By Transmitting Two Reservation Requests, was duly and legally issued by the United States Patent and Trademark Office. A true and correct copy of the Patent is attached as Exhibit A to this Complaint. 8. On December 27, 2011, United States Patent No. 8,086,240 (the 240 Patent),

entitled Data Communication System Using A Reserve Request And Four Frequencies To Enable Transmitting Data Packets Which Can Include A Count Value And Termination Indication Information, was duly and legally issued by the United States Patent and Trademark Office. A true and correct copy of the Patent is attached as Exhibit B to this Complaint. 9. GPNE is the assignee and owner of the right, title and interest in and to the 267

and 240 Patents, including the right to assert all causes of action arising under said patents and the right to any remedies for infringement of them.

BACKGROUND 10. Defendant is the largest retail propane distributor in the United States based on

the volume of propane gallons distributed annually. The Partnership serves over 2 million residential, commercial, industrial, agricultural, wholesale and motor fuel customers in all 50 states from over 2,500 propane distribution locations, and conducts business principally through subsidiaries, AmeriGas Propane, L.P., a Delaware limited partnership, and, prior to its merger with and into AmeriGas OLP on July 1, 2013, Heritage Operating, L.P., a Delaware limited partnership. In addition to distributing propane, the Partnership also sells, installs and services propane appliances, including heating systems. AmeriGas Propane, Inc. is the general partner and is responsible for managing Defendants operations. The General Partner is a wholly owned subsidiary of UGI Corporation, a publicly traded company listed on the New York Stock Exchange. Defendants executive offices are located at 460 North Gulph Road, King of Prussia, Pennsylvania 19406. 11. As part of its overall transportation and distribution infrastructure, the Partnership

operates as an interstate carrier in 48 states throughout the continental United States. It is also licensed as a carrier in the Canadian Provinces of Ontario, British Columbia and Quebec. The Partnership distributed nearly 1.4 billion gallons of propane in Fiscal 2013. 12. Deliveries of propane are usually made to customers by means of bobtail and rack

trucks from which the propane is pumped. These and other vehicles operated by Defendant utilize GPRS telematics technology. Upon information and belief, Defendant utilizes at least the telematics system provided by Lytx, Inc, a Delaware corporation (Lytx) and Teletrac, Inc., a Delaware corporation. (Teletrac).

13.

GPNE advised Defendant of its infringement of the patents in suit by letter on

September 5, 2013, and the letter was delivered to Defendant on September 10, 2013. COUNT I INFRINGEMENT OF U.S. PATENT 7,555,267 14. The allegations set forth in the foregoing paragraphs 1 through 13 are hereby

incorporated by reference and realleged. 15. Defendant is directly infringing at least claim 30 of the 267 patent in this judicial

district and elsewhere in the United States, by making, using, offering to sell and selling the integrated cellular telecommunications system for communicating informatics that utilizes the GPRS protocol. 16. GPNE has been damaged as a result of this infringing conduct described in this

Count. Defendant is thus liable to GPNE in an amount that adequately compensates it for Defendants infringements, which, by law, cannot be less than a reasonable royalty, together with interest and costs as fixed by this Court under 35 U.S.C. 284. COUNT II INFRINGEMENT OF U.S. PATENT 8,086,240 17. The allegations set forth in the foregoing paragraphs 1 through 13 are hereby

incorporated by reference and realleged. 18. Defendant is directly infringing at least claim 27 of the 240 patent in this judicial

district and elsewhere in the United States, by utilizing the GPRS protocol in its method of communicating informatics through the integrated cellular telecommunications system provided in its transportation fleet, and in providing such services for use by its clients. 19. GPNE has been damaged as a result of this infringing conduct described in this

Count. Defendant is thus liable to GPNE in an amount that adequately compensates it for

Defendants infringements, which, by law, cannot be less than a reasonable royalty, together with interest and costs as fixed by this Court under 35 U.S.C. 284. PRAYER FOR RELIEF GPNE requests that the Court find in its favor and against Defendant, and that the Court grant GPNE the following relief: A. Judgment that Defendant has infringed the claims of the 267 and 240 Patents have been infringed, either literally and/or under the doctrine of equivalents; B. Judgment that Defendant account for and pay to GPNE all damages to and costs incurred by GPNE because of Defendants infringing activities and other conduct complained of herein, including without limitation any attorneys fees if Defendant is found to infringe willfully; C. Judgment that Defendant account for and pay to GPNE a reasonable, ongoing, postjudgment royalty because of Defendants infringing activities and other conduct complained of herein; D. That GPNE be granted pre-judgment and post-judgment interest on the damages caused by Defendants infringing activities and other conduct complained of herein; and E. That GPNE be granted such other and further relief as the Court may deem just and proper under the circumstances. JURY DEMAND Plaintiff demands a trial by jury on all issues so triable as presented in this Complaint.

Dated: December 19, 2013 Of Counsel: Timothy J. Haller NIRO, HALLER & NIRO 181 West Madison Street, Suite 4600 Chicago, IL 60602 Phone: (312) 236-0733 Fax: (312) 236-3137 haller@nshn.com

Respectfully submitted, /s/George Pazuniak George Pazuniak (DE Bar No. 478) Daniel Murray (DE Bar No. 5785) OKELLY ERNST & BIELLI, LLC 901 North Market Street, Suite 1000 Wilmington, DE 19801 Phone: (302) 478-4230 Fax: (302) 295-2873 gp@del-iplaw.com dmurray@oeblegal.com Attorneys for Plaintiff