Case 1:17-cv-00300-UNA Document 1 Filed 03/20/17 Page 1 of 10 PageID #: 1
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`
`
`INTELLECTUAL VENTURES II LLC,
`Plaintiff,
`
`
`
`
`
`:
`:
`:
`:
`:
`v.
`:
`
`:
`TOYOTA MOTOR CORPORATION,
`:
`TOYOTA MOTOR NORTH AMERICA, INC.,
`:
`TOYOTA MOTOR SALES, U.S.A., INC.,
`:
`TOYOTA MOTOR ENGINEERING &
` MANUFACTURING NORTH AMERICA, INC.,
`TOYOTA MOTOR MANUFACTURING,
` INDIANA, INC., AND
`TOYOTA MOTOR MANUFACTURING
` KENTUCKY, INC.,
`Defendants.
`
`Civil Action No.
`
`Jury Trial Demanded
`
`
`
`:
`:
`:
`:
`:
`
`
`
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`Intellectual Ventures II LLC (“IV” or “Plaintiff’), brings this action for patent
`
`infringement against Defendants Toyota Motor Corporation, Toyota Motor North America, Inc.,
`
`Toyota Motor Sales, U.S.A., Inc., Toyota Motor Engineering & Manufacturing North America,
`
`Inc., Toyota Motor Manufacturing, Indiana, Inc., and Toyota Motor Manufacturing, Kentucky,
`
`Inc. (“Toyota” or “Defendants”), and alleges as follows:
`
`NATURE OF THE ACTION
`
`1.
`
`This is an action for patent infringement under the patent laws of the United
`
`States, Title 35 of the United States Code. IV seeks remedies for Defendants’ infringement of
`
`IV’s U.S. Patent Nos. 7,067,944 (“the ’944 Patent”), 7,067,952 (“the ’952 Patent”), 7,154,200
`
`(“the ’200 Patent”), 7,683,509 (“the ’509 Patent”), and 7,928,348 (“the ’348 Patent”)
`
`(collectively, the “Patents-in-Suit”).
`
`- 1 -
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`
`
`INTELLECTUAL VENTURES II LLC,
`Plaintiff,
`
`
`
`
`
`:
`:
`:
`:
`:
`v.
`:
`
`:
`TOYOTA MOTOR CORPORATION,
`:
`TOYOTA MOTOR NORTH AMERICA, INC.,
`:
`TOYOTA MOTOR SALES, U.S.A., INC.,
`:
`TOYOTA MOTOR ENGINEERING &
` MANUFACTURING NORTH AMERICA, INC.,
`TOYOTA MOTOR MANUFACTURING,
` INDIANA, INC., AND
`TOYOTA MOTOR MANUFACTURING
` KENTUCKY, INC.,
`Defendants.
`
`Civil Action No.
`
`Jury Trial Demanded
`
`
`
`:
`:
`:
`:
`:
`
`
`
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`Intellectual Ventures II LLC (“IV” or “Plaintiff’), brings this action for patent
`
`infringement against Defendants Toyota Motor Corporation, Toyota Motor North America, Inc.,
`
`Toyota Motor Sales, U.S.A., Inc., Toyota Motor Engineering & Manufacturing North America,
`
`Inc., Toyota Motor Manufacturing, Indiana, Inc., and Toyota Motor Manufacturing, Kentucky,
`
`Inc. (“Toyota” or “Defendants”), and alleges as follows:
`
`NATURE OF THE ACTION
`
`1.
`
`This is an action for patent infringement under the patent laws of the United
`
`States, Title 35 of the United States Code. IV seeks remedies for Defendants’ infringement of
`
`IV’s U.S. Patent Nos. 7,067,944 (“the ’944 Patent”), 7,067,952 (“the ’952 Patent”), 7,154,200
`
`(“the ’200 Patent”), 7,683,509 (“the ’509 Patent”), and 7,928,348 (“the ’348 Patent”)
`
`(collectively, the “Patents-in-Suit”).
`
`- 1 -
`
`
`
`Case 1:17-cv-00300-UNA Document 1 Filed 03/20/17 Page 2 of 10 PageID #: 2
`
`THE PARTIES
`
`2.
`
`Intellectual Ventures II LLC is a Delaware limited liability company, with a
`
`principal place of business at 3150 139th Ave. SE, Bldg. 4, Bellevue, WA 98005.
`
`3.
`
`Upon information and belief, Toyota Motor Corporation is a corporation
`
`organized and existing under the laws of Japan, with its principal place of business at 1 Toyota-
`
`cho, Toyota-shi, Aichi-ken 471-8571, Japan.
`
`4.
`
`Upon information and belief, Toyota Motor North America, Inc. is a New York
`
`corporation headquartered at 1114 Avenue of the Americas, Ste. 4115, 41st Floor, New York,
`
`NY 10036.
`
`5.
`
`Upon information and belief, Toyota Motor Sales, U.S.A., Inc. is a California
`
`corporation headquartered at 19001 S. Western Ave. Torrance, CA 90501.
`
`6.
`
`Upon information and belief, Toyota Motor Engineering & Manufacturing North
`
`America, Inc. is a Kentucky corporation headquartered at 25 Atlantic Avenue, Erlanger, KY
`
`41018.
`
`7.
`
`Upon information and belief, Toyota Motor Manufacturing, Indiana, Inc. is an
`
`Indiana corporation headquartered at 4000 Tulip Tree Drive, Princetown, IN 47670.
`
`8.
`
`Upon information and belief, Toyota Motor Manufacturing, Kentucky, Inc. is a
`
`Kentucky corporation headquartered at 1001 Cherry Blossom Way, Georgetown, KY 40324.
`
`JURISDICTION AND VENUE
`
`This action arises under the Patent Act, 35 U.S.C. § 1 et seq.
`
`Subject matter jurisdiction is proper in this Court under 28 U.S.C. §§ 1331 and
`
`9.
`
`10.
`
`1338.
`
`11.
`
`Venue in this district is proper under 28 U.S.C. §§ 1400(b) and 1391(b) and (c).
`
`- 2 -
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`
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`Case 1:17-cv-00300-UNA Document 1 Filed 03/20/17 Page 3 of 10 PageID #: 3
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`12.
`
`This Court has personal jurisdiction over Toyota by virtue of, inter alia, (i)
`
`maintaining a regular place of business and a continuing presence in this jurisdiction; (ii)
`
`committing at least a portion of the infringements alleged herein within this district; and (iii)
`
`regularly doing business or soliciting business, engaging in other persistent courses of conduct
`
`and/or deriving substantial revenue from goods and services provided to individuals in this
`
`district.
`
`THE PATENTS
`
`13.
`
`United States Patent No. 7,067,944 is entitled “Motor with encapsulated stator
`
`and method of making same,” and issued June 27, 2006 to inventors Dennis K. Lieu and Griffith
`
`D. Neal. The ’944 Patent issued from United States Patent Application No. 11/035,906 filed on
`
`January 14, 2005. The ’944 Patent claims priority to U.S. provisional application serial number
`
`60/172,287 filed on December 17, 1999. A copy of the ’944 Patent is attached hereto as Exhibit
`
`1.
`
`14.
`
`United States Patent No. 7,067,952 is entitled “Stator assembly made from a
`
`molded web of core segments and motor using same,” and issued June 27, 2006 to inventor
`
`Griffith D. Neal. The ’952 Patent issued from United States Patent Application No. 10/383,219
`
`filed on March 5, 2003. The ’952 Patent claims priority to U.S. Patent No. 7,036,207 filed on
`
`March 2, 2001. A copy of the ’952 Patent is attached as Exhibit 2.
`
`15.
`
` United States Patent No. 7,154,200 is entitled “Motor,” and issued December 26,
`
`2006 to inventor Griffith D. Neal. The ’200 Patent issued from United States Patent Application
`
`No. 11/439,733 filed on May 23, 2006. The ’200 Patent claims priority to U.S. provisional
`
`application serial number 60/146,446 filed on July 29, 1999. A copy of the ’200 Patent is
`
`attached as Exhibit 3.
`
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`Case 1:17-cv-00300-UNA Document 1 Filed 03/20/17 Page 4 of 10 PageID #: 4
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`16.
`
`United States Patent No. 7,683,509 is entitled “Electromagnetic device with open,
`
`non-linear heat transfer system,” and issued March 23, 2010 to inventor Griffith D. Neal. The
`
`’509 Patent issued from United States Patent Application No. 11/489,914 filed on July 19, 2006.
`
`A copy of the ’509 Patent is attached as Exhibit 4.
`
`17.
`
`United States Patent No. 7,928,348 is entitled “Electromagnetic device with
`
`integrated fluid flow path,” and issued April 19, 2011 to inventor Griffith D. Neal. The ’348
`
`Patent issued from United States Patent Application No. 11/489,911 filed on July 19, 2006. A
`
`copy of the ’348 Patent is attached as Exhibit 5.
`
`18.
`
`IV is the lawful assignee and owner of all right, title and interest in and to the
`
`’944 Patent, the ’952 Patent, the ’200 Patent, the ’509 Patent, and the ’348 Patent.
`
`INFRINGEMENT OF THE PATENTS-IN-SUIT
`
`19.
`
`Toyota has infringed and continues to infringe at least five of IV’s patents that
`
`cover aspects of electric motors and other products, including, without limitation: 2016 Lexus ES
`
`power steering unit (“Lexus Power Steering Unit”), Toyota water pump with Toyota part number
`
`161A0-39025 (“Toyota 161A0-39025 Pump”), Toyota water pump with Toyota part number
`
`161A0-39035 (“Toyota 161A0-39035 Pump”), Toyota water pump with Toyota part number
`
`161A0-29015 (“Toyota 161A0-29015 Pump”), Toyota water pump with Toyota part number
`
`G9040-33030 (“Toyota G9040-33030 Pump”), Toyota water pump with Toyota part number
`
`G9040-47040 (“Toyota G9040-47040 Pump”), Toyota water pump with Toyota part number
`
`G900-52010 (“Toyota G9040-52010 Pump”), and Toyota Hybrid Transaxle Assembly (“Toyota
`
`Transaxle Assembly”) (together, the “Exemplary Toyota Products”).
`
`20.
`
`IV incorporates by reference in its allegations herein certain claim charts
`
`comparing exemplary claims of the Patents-in-Suit to the Exemplary Toyota Products.
`
`- 4 -
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`Case 1:17-cv-00300-UNA Document 1 Filed 03/20/17 Page 5 of 10 PageID #: 5
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`21.
`
`Specifically, Exhibits 6-31 are exemplary charts comparing claims of the Patents-
`
`in-Suit to the Exemplary Toyota Products.
`
`22.
`
`As set forth in Exhibits 6 through 31, the Exemplary Toyota Products practice, in
`
`whole or in material part, the technology claimed by the Patents-in-Suit.
`
`COUNT I
`
`(Toyota’s Infringement of the ’944 Patent)
`
`Paragraphs 1 through 22 are incorporated by reference as if fully restated herein.
`
`IV is the assignee and lawful owner of all right, title, and interest in and to the
`
`The ’944 Patent is valid and enforceable.
`
`Toyota has infringed, and is still infringing, the ’944 Patent in at least this District
`
`23.
`
`24.
`
`’944 Patent.
`
`25.
`
`26.
`
`by making, using, offering to sell, selling and/or importing Accused Products that infringe at
`
`least claims 3, 9, and 11 of the ’944 Patent (the “Exemplary ’944 Patent Claim”) literally or by
`
`the doctrine of equivalents.
`
`27.
`
`On information and belief, Toyota directly infringes the ’944 Patent by designing,
`
`manufacturing, and selling the Exemplary Toyota Products.
`
`28.
`
`Exhibits 6-15 include charts comparing exemplary claims 3, 9, and 11 of the ’944
`
`Patent to the Exemplary Toyota Products. As set forth in these charts, the Exemplary Toyota
`
`Products practice, in whole or in material part, the technology claimed by the ’944 Patent.
`
`Accordingly, the Exemplary Toyota Products infringe at least exemplary claims 3, 9, and 11 of
`
`the ’944 Patent.
`
`29.
`
`IV is entitled to recover damages adequate to compensate for Toyota’s
`
`infringement.
`
`- 5 -
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`Case 1:17-cv-00300-UNA Document 1 Filed 03/20/17 Page 6 of 10 PageID #: 6
`
`COUNT II
`
`(Toyota’s Infringement of the ’952 Patent)
`
`Paragraphs 1 through 29 are incorporated by reference as if fully restated herein.
`
`IV is the assignee and lawful owner of all right, title and interest in and to the
`
`The ’952 Patent is valid and enforceable.
`
`Toyota has infringed, and is still infringing, the ’952 Patent in at least this District
`
`30.
`
`31.
`
`’952 Patent.
`
`32.
`
`33.
`
`by making, using, offering to sell, selling and/or importing Accused Products that infringe at
`
`least claims 10 and 12 of the ’952 Patent (the “Exemplary ’952 Patent Claims”) literally or by
`
`the doctrine of equivalents.
`
`34.
`
`On information and belief, Toyota directly infringes the ’952 Patent by designing,
`
`manufacturing, and selling the Exemplary Toyota Products.
`
`35.
`
`Exhibit 16 includes a chart comparing exemplary claims 10 and 12 of the ’952
`
`Patent to the Exemplary Toyota Products. As set forth in this chart, the Exemplary Toyota
`
`Products practice, in whole or in material part, the technology claimed by the ’952 Patent.
`
`Accordingly, the Exemplary Toyota Products infringe at least exemplary claims 10 and 12 of the
`
`’952 Patent.
`
`36.
`
`IV is entitled to recover damages adequate to compensate for Toyota’s
`
`infringement.
`
`37.
`
`38.
`
`’200 Patent.
`
`COUNT III
`
`(Toyota’s Infringement of the ’200 Patent)
`
`Paragraphs 1 through 36 are incorporated by reference as if fully restated herein.
`
`IV is the assignee and lawful owner of all right, title, and interest in and to the
`
`- 6 -
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`
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`Case 1:17-cv-00300-UNA Document 1 Filed 03/20/17 Page 7 of 10 PageID #: 7
`
`39.
`
`40.
`
`The ’200 Patent is valid and enforceable.
`
`Toyota has infringed, and is still infringing, the ’200 Patent in at least this District
`
`by making, using, offering to sell, selling and/or importing Accused Products that infringe at
`
`least claims 1, 2, 4, 6, and 7 of the ’200 Patent (the “Exemplary ’200 Patent Claim”) literally or
`
`by the doctrine of equivalents.
`
`41.
`
`On information and belief, Toyota directly infringes the ’200 Patent by designing,
`
`manufacturing, and selling the Exemplary Toyota Products.
`
`42.
`
`Exhibits 17-22 include charts comparing exemplary claims 1, 2, 4, 6, and 7 of the
`
`’200 Patent to the Exemplary Toyota Products. As set forth in this chart, the Exemplary Toyota
`
`Products practice, in whole or in material part, the technology claimed by the ’200 Patent.
`
`Accordingly, the Exemplary Toyota Products infringe at least exemplary claims 1, 2, 4, 6, and 7
`
`of the ’200 Patent.
`
`43.
`
`IV is entitled to recover damages adequate to compensate for Toyota’s
`
`infringement.
`
`44.
`
`45.
`
`’509 Patent.
`
`46.
`
`47.
`
`COUNT IV
`
`(Toyota’s Infringement of the ’509 Patent)
`
`Paragraphs 1 through 43 are incorporated by reference as if fully restated herein.
`
`IV is the assignee and lawful owner of all right, title and interest in and to the
`
`The ’509 Patent is valid and enforceable.
`
`Toyota has infringed, and is still infringing, the ’509 Patent in at least this District
`
`by making, using, offering to sell, selling and/or importing Accused Products that infringe at
`
`least claims 1, 2, 14, and 15 of the ’509 Patent (the “Exemplary ’509 Patent Claims”) literally or
`
`by the doctrine of equivalents.
`
`- 7 -
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`
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`Case 1:17-cv-00300-UNA Document 1 Filed 03/20/17 Page 8 of 10 PageID #: 8
`
`48.
`
`On information and belief, Toyota directly infringes the ’509 Patent by designing,
`
`manufacturing, and selling the Exemplary Toyota Products.
`
`49.
`
`Exhibits 23-28 include charts comparing exemplary claims 1, 2, 14, and 15 of the
`
`’509 Patent to the Exemplary Toyota Products. As set forth in this chart, the Exemplary Toyota
`
`Products practice, in whole or in material part, the technology claimed by the ’509 Patent.
`
`Accordingly, the Exemplary Toyota Products infringe at least exemplary claims 1, 2, 14, and 15
`
`of the ’509 Patent.
`
`50.
`
`IV is entitled to recover damages adequate to compensate for Toyota’s
`
`infringement.
`
`51.
`
`52.
`
`’348 Patent.
`
`53.
`
`54.
`
`COUNT V
`
`(Toyota’s Infringement of the ’348 Patent)
`
`Paragraphs 1 through 50 are incorporated by reference as if fully restated herein.
`
`IV is the assignee and lawful owner of all right, title, and interest in and to the
`
`The ’348 Patent is valid and enforceable.
`
`Toyota has infringed, and is still infringing, the ’348 Patent in at least this District
`
`by making, using, offering to sell, selling and/or importing Accused Products that infringe at
`
`least claims 24, 25, 26, and 27 of the ’348 Patent (the “Exemplary ’348 Patent Claim”) literally
`
`or by the doctrine of equivalents.
`
`55.
`
`On information and belief, Toyota directly infringes the ’348 Patent by designing,
`
`manufacturing, and selling the Exemplary Toyota Products.
`
`56.
`
`Exhibits 29-31 include charts comparing exemplary claims 24, 25, 26, and 27 of
`
`the ’348 Patent to the Exemplary Toyota Products. As set forth in this chart, the Exemplary
`
`Toyota Products practice, in whole or in material part, the technology claimed by the ’348
`
`- 8 -
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`
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`Case 1:17-cv-00300-UNA Document 1 Filed 03/20/17 Page 9 of 10 PageID #: 9
`
`Patent. Accordingly, the Exemplary Toyota Products infringe at least exemplary claims 24, 25,
`
`26, and 27 of the ’348 Patent.
`
`57.
`
`IV is entitled to recover damages adequate to compensate for Toyota’s
`
`infringement.
`
`PRAYER FOR RELIEF
`
`WHEREFORE, Plaintiff respectfully requests the following relief:
`
`a)
`
`A judgment that the ’944 Patent, the ’952 Patent, the ’200 Patent, the ’509 Patent,
`
`and the ’348 Patent are valid and enforceable.
`
`c)
`
`d)
`
`e)
`
`e)
`
`e)
`
`and
`
`g)
`
`A judgment that Defendants have infringed one or more claims of the ’944 Patent;
`
`A judgment that Defendants have infringed one or more claims of the ’952 Patent;
`
`A judgment that Defendants have infringed one or more claims of the ’200 Patent;
`
`A judgment that Defendants have infringed one or more claims of the ’509 Patent;
`
`A judgment that Defendants have infringed one or more claims of the ’348 Patent;
`
`A judgment that awards Plaintiff all appropriate damages under 35 U.S.C. § 284
`
`for Defendants’ past infringement, and any continuing or future infringement of the
`
`Patents-in-Suit, up until the date such judgment is entered, including pre or post judgment
`
`interest, costs, and disbursements as justified under 35 U.S.C. § 284 and, if necessary, to
`
`adequately compensate Plaintiff for Defendants’ infringement, an accounting:
`
`i.
`
`that this case be declared exceptional within the meaning of 35 U.S.C. § 285 and
`
`that Plaintiff be awarded its reasonable attorneys’ fees against Defendants that it
`
`incurs in prosecuting this action;
`
`ii. that Plaintiff be awarded costs, and expenses that it incurs in prosecuting this
`
`action; and
`
`- 9 -
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`Case 1:17-cv-00300-UNA Document 1 Filed 03/20/17 Page 10 of 10 PageID #: 10
`
`iii. that Plaintiff be awarded such further relief at law or in equity as the Court deems
`
`just and proper.
`
`DEMAND FOR JURY TRIAL
`
`Plaintiff hereby demands trial by jury on all claims and issues so triable.
`
`
`
`
`
`Respectfully submitted,
`
`FARNAN LLP
`
`
`/s/ Brian E. Farnan
`Brian Farnan (Bar No. 4089)
`Michael J. Farnan (Bar No. 5165)
`919 North Market Street,12th Floor
`Wilmington, DE 19801
`Phone: 302-777-0300
`Fax: 302-777-0301
`bfarnan@farnanlaw.com
`mfarnan@farnanlaw.com
`
`
`
` Attorneys for INTELLECTUAL
`VENTURES II LLC
`
`
`
`Dated: March 20, 2017
`
`Of Counsel:
`
`James M. Wodarski
`Michael T. Renaud
`Brad M. Scheller
`Andrew H. DeVoogd
`Nicholas W. Armington
`Serge Subach
`MINTZ LEVIN COHN FERRIS
` GLOVSKY AND POPEO, P.C.
`Boston, MA 02111
`Tel: 617-542-6000
`Fax: 617-542-2241
`
`Aarti Shah
`MINTZ LEVIN COHN FERRIS
` GLOVSKY AND POPEO, P.C.
`701 Pennsylvania Avenue NW
`Suite 900
`Washington, DC 20004
`Tel: 202-434-7300
`Fax: 202-434-7400
`
`
`- 10 -
`
`
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