`VELOCITY PATENT LLC,
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`v.
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`MERCEDES-BENZ USA, LLC
`MERCEDES-BENZ U.S. INTERNATIONAL
`INC.
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`Plaintiff,
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`Defendants.
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`Civil Action No. 1:13-cv-08413
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`JURY TRIAL DEMANDED
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`Case: 1:13-cv-08413 Document #: 1 Filed: 11/21/13 Page 1 of 5 PageID #:1
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF ILLINOIS
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`EASTERN DIVISION
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`COMPLAINT FOR PATENT INFRINGEMENT
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`Plaintiff Velocity Patent LLC (“Velocity”) for its complaint against Defendants
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`Mercedes-Benz USA, LLC and Mercedes-Benz U.S. International Inc. (collectively “Mercedes-
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`Benz”) hereby demands a jury trial and alleges as follows:
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`NATURE OF THE ACTION
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`This is a civil action for patent infringement arising under the patent laws of the
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`1.
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`United States, 35 U.S.C. § 1 et seq.
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`THE PARTIES
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`Plaintiff Velocity is a limited liability corporation organized and existing under
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`2.
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`the laws of Illinois and having a principal business address at 335 Lloyden Park Lane, Atherton,
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`CA 94027.
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`Case: 1:13-cv-08413 Document #: 1 Filed: 11/21/13 Page 2 of 5 PageID #:2
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`3.
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`On information and belief, Defendant Mercedes-Benz USA, LLC is a corporation
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`organized under the laws of the state of Delaware with an office and principal place of business
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`located at One Mercedes Dr., Montvale, NJ 07645.
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`4.
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`On information and belief, Defendant Mercedes-Benz U.S. International Inc. is a
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`corporation organized under the laws of the state of Alabama with an office and principal place
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`of business located at One Mercedes Dr., Vance, AL 35490.
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`5.
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`Mercedes-Benz advertises, markets, and distributes automobiles under the
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`Mercedes-Benz brand throughout the United States.
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`JURISDICTION AND VENUE
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`This Court has jurisdiction over the subject matter of this action pursuant to 28
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`6.
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`U.S.C. §§ 1331 and 1338(a).
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`7.
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`This Court has personal jurisdiction over Mercedes-Benz because Mercedes-Benz
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`has committed, and continues to commit, acts of patent infringement in Illinois, including in this
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`judicial district, and otherwise transacts business in the state of Illinois, including in this district.
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`8.
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`Venue is proper in this District under 28 U.S.C. §§ 1391(b)-(d) and 1400(b)
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`because Mercedes-Benz is subject to personal jurisdiction in this judicial district and has
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`committed, and continues to commit, acts of patent infringement giving rise to the claims alleged
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`herein within this judicial district.
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`THE PATENT-IN-SUIT
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`On September 21, 1999, U.S. Patent No. 5,954,781 (“the ‘781 Patent”), entitled
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`9.
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`“METHOD AND APPARATUS FOR OPTIMIZING VEHICLE OPERATION” (Exhibit A),
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`duly and legally issued.
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`2
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`Case: 1:13-cv-08413 Document #: 1 Filed: 11/21/13 Page 3 of 5 PageID #:3
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`10.
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`Velocity owns all rights, title, and interest in and to the ‘781 patent and has the
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`right to sue and recover for past, present, and future infringement.
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`COUNT I - INFRINGEMENT OF THE ‘781 PATENT
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`Paragraphs 1 through 10 are incorporated by reference as though fully stated
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`11.
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`herein.
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`12. Mercedes-Benz manufactures, uses, imports, exports, offers for sale, and sells
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`automobiles that include radar equipment and radar-based safety features, including, for
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`example, automobiles equipped with Collision Prevention Assist functionality or the Driver
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`Assistance package.
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`13. Mercedes-Benz also manufactures, uses, imports, exports, offers for sale, and
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`sells automobiles with information displays that provide drivers with information regarding, for
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`example, fuel consumption, efficiency of operation, and safety.
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`14.
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`Furthermore, Mercedes-Benz manufactures, uses, imports, exports, offers for sale,
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`and sells automobiles that include manual gear shifting features, including, for example,
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`automobiles equipped with automatic transmissions and manual shift programs.
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`15.
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`By manufacturing, using, importing, exporting, offering for sale, and selling
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`automobiles equipped with one or more of the features described above, Mercedes-Benz has
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`directly infringed, and continues to infringe, either literally or under the doctrine of equivalents,
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`at least claim 17 of the ‘781 Patent in violation of 35 U.S.C. § 271.
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`16.
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`Velocity has been damaged by Mercedes-Benz’s infringement of the ‘781 Patent.
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`3
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`Case: 1:13-cv-08413 Document #: 1 Filed: 11/21/13 Page 4 of 5 PageID #:4
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`PRAYER FOR RELIEF
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`WHEREFORE, Plaintiff Velocity prays that this Court:
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`A.
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`B.
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`Enter a judgment that Mercedes-Benz has infringed the ‘781 Patent;
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`Award Velocity damages in an amount sufficient to compensate Velocity for
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`Mercedes-Benz’s infringement of the ‘781 Patent, but not less than a reasonable royalty;
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`Award Velocity prejudgment interest pursuant to 35 U.S.C. § 284; and
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`Grant Velocity such other and further relief as this Court may deem just and
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`C.
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`D.
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`proper.
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`JURY DEMAND
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`Velocity hereby demands a jury trial on all issues appropriately triable by a jury.
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`4
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`Case: 1:13-cv-08413 Document #: 1 Filed: 11/21/13 Page 5 of 5 PageID #:5
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`Dated: November 21, 2013
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`Respectfully submitted,
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`/s/ James A. Shimota
`James A. Shimota
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`James A. Shimota (IL Bar No. 6270603)
`Howard E. Levin (IL Bar No. 6286712)
`Adam R. Brausa (IL Bar No. 6292447)
`Aaron C. Taggart (IL Bar No. 6302068)
`BRIDGES & MAVRAKAKIS LLP
`180 North LaSalle Street, Suite 2215
`Chicago, Illinois 60601
`Telephone: 312-216-1626
`Facsimile: 312-216-1621
`jshimota@bridgesmav.com
`hlevin@bridgesmav.com
`abrausa@bridgesmav.com
`ataggart@bridgesmav.com
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`Counsel for Plaintiff Velocity Patent LLC
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