2:13-cv-10444-AJT-MAR Doc # 1 Filed 02/04/13 Pg 1 of 19 Pg ID 1
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF MICHIGAN
`SOUTHERN DIVISION
`
`
`
`UUSI, LLC, a Michigan domestic limited
`Liability company, d/b/a NARTRON,
`
`Plaintiff,
`
`
`
`
`vs.
`
`ROBERT BOSCH LLC, a Michigan
`Corporation, and BROSE NORTH AMERICA,
`INC., a Michigan corporation,
`
`
`
`Defendants.
`______________________________________/
`
`Monte L. Falcoff (P48015)
`George D. Moustakas (P41631)
`Timothy D. MacIntyre (P53100)
`HARNESS, DICKEY & PIERCE, P.L.C.
`5445 Corporate Drive, Ste. 200
`Troy, MI 48098
`(248) 641-1600
`(248) 641-0270 Fax
`mlfalcoff@hdp.com
`gdmoustakas@hdp.com
`tdmacintyre@hdp.com
`_______________________________________/
`
`COMPLAINT FOR PATENT INFRINGEMENT
`AND DEMAND FOR JURY TRIAL
`
`This is an action for patent infringement in which Plaintiff, UUSI, LLC, d/b/a
`
`
`
`
`
`NARTRON (“UUSI” or “Plaintiff”), makes the following allegations against Defendants Robert
`
`Bosch LLC (“Bosch”) and Brose North America, Inc. (“Brose”) (collectively “Defendants”):
`
`
`
`

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`2:13-cv-10444-AJT-MAR Doc # 1 Filed 02/04/13 Pg 2 of 19 Pg ID 2
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`The Parties
`
`
`
`1.
`
`UUSI, LLC, d/b/a Nartron is a Michigan domestic limited liability company
`
`having its principal place of business in Reed City, Michigan.
`
`
`
`2.
`
`Upon information and belief, Defendant Bosch is a German corporation with its
`
`U.S. headquarters at 38000 Hills Tech Drive, Farmington, Michigan 48331.
`
`
`
`3.
`
`Upon information and belief, Bosch conducts business in this judicial district and
`
`elsewhere throughout the United States. Bosch maybe served with process through its registered
`
`agent CSC-Lawyers Incorporating Service, 601 Abbott Road, East Lansing, Michigan 48823.
`
`
`
`4.
`
`Upon information and belief, Defendant Brose is a German corporation with its
`
`U.S. headquarters at 3933 Automation Avenue, Auburn Hills, Michigan 48326.
`
`
`
`5.
`
`Upon information and belief, Brose conducts business in this judicial district and
`
`elsewhere throughout the United States. Brose maybe served with process through its registered
`
`agent The Corporation Company, 30600 Telegraph Road, Suite 2345, Bingham Farms, Michigan
`
`48025.
`
`Nature of the Action
`
`
`
`6.
`
`This is a civil action for the infringement of United States Patent Nos. 6,064,165
`
`(“the ‘165 Patent”), 6,078,117 (“the ‘117 Patent”), 7,548,037 (“the ‘037 Patent”), 7,579,802
`
`(“the ‘802 Patent”), and 8,217,612 (“the ‘612 Patent”) (attached as Exhibits A-E, respectively)
`
`under the Patent Laws of the United States 35 U.S.C. § 1 et seq.
`
`Jurisdiction and Venue
`
`
`
`7.
`
`This Court has jurisdiction over the subject matter of this action pursuant to 28
`
`U.S.C. §§ 1331 and 1338(a) because this action arises under the patent laws of the United States,
`
`including 35 U.S.C. § 271 et seq.
`
`
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`2
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`2:13-cv-10444-AJT-MAR Doc # 1 Filed 02/04/13 Pg 3 of 19 Pg ID 3
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`
`
`8.
`
`Venue is proper in this judicial district pursuant to 28 U.S.C. §§ 1391 and
`
`1400(b). On information and belief, each of the Defendants has transacted business in this
`
`District, and has committed acts of patent infringement in this District.
`
`
`
`9.
`
`On information and belief, each of the Defendants is subject to this Court’s
`
`specific and general personal jurisdiction pursuant to due process and/or Michigan Long Arm
`
`Statute, due at least to its substantial business in this forum, including (i) making, using, selling,
`
`offering for sale or importing, or inducing same of others, for at least a portion of the
`
`infringements alleged herein; and (ii) regularly doing or soliciting business, engaging in other
`
`persistent courses of conduct, and/or deriving substantial revenue from goods and services
`
`provided to individuals in Michigan and in this District.
`
`Joinder
`
`
`
`10.
`
`On information and belief, joinder of Bosch and Brose is proper under 35 U.S.C.
`
`§ 299 due to the defendants’ collective manufacture of the accused products identified herein,
`
`through the making, using, importing in the United States, offering for sale and/or selling of the
`
`same accused products in this District and questions of fact that are common as to the
`
`Defendants arise in this action.
`
`The Patents-in-Suit
`
`
`
`11.
`
`On May 16, 2000, the ‘165 Patent, titled “Power Window or Panel Controller,”
`
`was duly and legally issued by the United States Patent and Trademark Office (“USPTO”). The
`
`‘165 Patent is directed among other things to a controller for energizing a power-operable
`
`element, such as a sunroof, window, door, vehicle seat, etc. The controller senses both hard and
`
`soft obstructions and de-activates or otherwise alters operation of a motor that drives the element
`
`when an obstruction is detected.
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`
`
`3
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`

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`2:13-cv-10444-AJT-MAR Doc # 1 Filed 02/04/13 Pg 4 of 19 Pg ID 4
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`
`
`12.
`
`On June 20, 2000, the ‘117 Patent, titled “End Cap Assembly And Electrical
`
`Motor Utilizing Same,” was duly and legally issued by the USPTO. The ‘117 Patent is directed
`
`to among other things an end cap assembly configured as an electronic conducted noise filter
`
`and/or radiated field shield for incorporation as the end cap of a motor housing case.
`
`
`
`13.
`
`On June 16, 2009, the ‘037 Patent, titled “Collision Monitoring System,” was
`
`duly and legally issued by the USPTO. The ‘037 Patent is directed to among other things an
`
`improved system and method for sensing both hard and soft obstructions for a movable panel.
`
`
`
`14.
`
`On August 25, 2009, the ‘802 Patent, titled “Collision Monitoring System,” was
`
`duly and legally issued by the USPTO. The ‘802 Patent is directed to among other things an
`
`improved system and method for sensing both hard and soft obstructions for a movable panel.
`
`
`
`15.
`
`On July 10, 2012, the ‘612 Patent, titled “Collision Monitoring System,” was duly
`
`and legally issued by the USPTO. The ‘612 Patent is directed to among other things an
`
`improved system and method for sensing both hard and soft obstructions for a movable panel.
`
`
`
`16.
`
`UUSI, LLC is the assignee of all right, title and interest in the ‘165, ‘117, ‘037,
`
`‘802 and ‘612 Patents (“Patents-in-Suit”), and possess all rights to sue and recover for any
`
`current or past infringement of the Patents-in-Suit.
`
`Count I
`Infringement of U.S. Patent No. 6,064,165
`
`
`
`
`
`17.
`
`Paragraphs 1-16 are incorporated by reference as if fully restated herein.
`
`18.
`
`On information and belief, Bosch has infringed, directly and indirectly, one or
`
`more claims of the ‘165 Patent, literally and/or under the doctrine of equivalents, in this District
`
`and elsewhere in the United States, in violation of 35 U.S.C. § 271, by (i) manufacturing,
`
`making, using, selling, offering for sale, and/or importing components, assemblies and/or
`
`systems for sensing hard and soft obstructions for moveable panels such as a window and/or
`
`
`
`4
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`

`

`2:13-cv-10444-AJT-MAR Doc # 1 Filed 02/04/13 Pg 5 of 19 Pg ID 5
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`sunroof, that infringe one or more claims of the ‘165 Patent; and/or (ii) by contributing to and/or
`
`inducing infringement by others, by using, selling, offering for sale, and/or importing
`
`components, assemblies and/or systems for sensing hard and soft obstructions for moveable
`
`panels such as a window and/or sunroof, in a manner that infringes one or more claims of the
`
`‘165 Patent. The infringing products include, but are not limited to, the systems and/or
`
`assemblies pictorially identified in detail in Exhibits F and G.
`
`
`
`19.
`
`On information and belief, Bosch markets products that have competed with
`
`Plaintiff’s products based on the technology in the ‘165 Patent including, but not limited to,
`
`systems and/or assemblies for sensing hard and soft obstructions for moveable panels such as a
`
`window and/or sunroof. Through such activities, Bosch has competed for and misappropriated
`
`sales and profits for Plaintiff’s products based on the technology in the ‘165 Patent, including,
`
`without limitation, systems and/or assemblies for sensing hard and soft obstructions for
`
`moveable panels such as a window and/or sunroof that would have gone to Plaintiff, but for
`
`Bosch’s infringing activities. As a result of the sale and/or distribution of Bosch’s infringing
`
`products, Plaintiff has had lost revenue, profits and/or royalties and has suffered irreparable
`
`harm.
`
`
`
`
`
`20.
`
`Plaintiff has been damaged by Bosch’s infringing activities.
`
`21.
`
`On information and belief, Brose has infringed, directly and indirectly, one or
`
`more claims of the ‘165 Patent, literally and/or under the doctrine of equivalents, in this District
`
`and elsewhere in the United States, in violation of 35 U.S.C. § 271, by (i) manufacturing,
`
`making, using, selling, offering for sale, and/or importing components, assemblies and/or
`
`systems for sensing hard and soft obstructions for moveable panels such as a window and/or
`
`sunroof, that infringe one or more claims of the ‘165 Patent; and/or (ii) by contributing to and/or
`
`
`
`5
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`

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`2:13-cv-10444-AJT-MAR Doc # 1 Filed 02/04/13 Pg 6 of 19 Pg ID 6
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`inducing infringement by others, by using, selling, offering for sale, and/or importing
`
`components, assemblies and/or systems for sensing hard and soft obstructions for moveable
`
`panels such as a window and/or sunroof, in a manner that infringes one or more claims of the
`
`‘165 Patent. The infringing products include, but are not limited to, the systems and/or
`
`assemblies pictorially identified in detail in Exhibits F and G.
`
`
`
`22. On information and belief, Brose markets products that have competed with
`
`Plaintiff’s products based on the technology in the ‘165 Patent including, but not limited to,
`
`systems and/or assemblies for sensing hard and soft obstructions for moveable panels such as a
`
`window and/or sunroof. Through such activities, Brose competed for and misappropriated sales
`
`and profits for Plaintiff’s products based on the technology in the ‘165 Patent, including, without
`
`limitation, systems and assemblies for sensing hard and soft obstructions for moveable panels
`
`such as a window and/or sunroof that would have gone to Plaintiff, but for Brose’s infringing
`
`activities. As a result of the sale and/or distribution of Brose’s infringing products, Plaintiff has
`
`had lost revenue, profits and/or royalties and has suffered irreparable harm.
`
`
`
`
`
`
`
`23.
`
`Plaintiff has been damaged by Brose’s infringing activities.
`
`Count II
`Infringement of U.S. Patent No. 6,078,117
`
`24.
`
`Paragraphs 1-23 are incorporated by reference as if fully restated herein.
`
`25.
`
`On information and belief, Bosch has infringed, and continues to infringe, directly
`
`and indirectly, one or more claims of the ‘117 Patent, literally and/or under the doctrine of
`
`equivalents, in this District and elsewhere in the United States, in violation of 35 U.S.C. § 271,
`
`by (i) manufacturing, making, using, selling, offering for sale, and/or importing components,
`
`assemblies and/or systems configured as an electronic conducted noise filter and/or radiated field
`
`shield for incorporation as the end cap of a motor housing case, that infringe one or more claims
`
`
`
`6
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`

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`2:13-cv-10444-AJT-MAR Doc # 1 Filed 02/04/13 Pg 7 of 19 Pg ID 7
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`of the ‘117 Patent; and/or (ii) by contributing to and/or inducing infringement by others, by
`
`using, selling, offering for sale, and/or importing components, assemblies and/or systems
`
`configured as an electronic conducted noise filter and/or radiated field shield for incorporation as
`
`the end cap of a motor housing case, in a manner that infringes one or more claims of the ‘117
`
`Patent. The infringing products include, but are not limited to, the systems and/or assemblies
`
`pictorially identified in detail in Exhibits F, G and H.
`
`
`
`26.
`
`Bosch’s acts of infringement of the ‘117 Patent will continue, without authority or
`
`license, unless this Court enjoins Bosch’s infringing activities.
`
`
`
`27.
`
`On information and belief, Bosch’s continued infringement, without cessation,
`
`represents willful and deliberate conduct. Bosch’s infringing activities, after the date of notice,
`
`constitute acts of willful infringement, warranting the assessment of increased damages pursuant
`
`to 35 U.S.C. § 284, an award of attorney’s fees and costs, as such actions warrant an exceptional
`
`case pursuant to 35 U.S.C. § 285.
`
`
`
`28.
`
`On information and belief, Bosch markets products that directly compete with
`
`and/or have competed with Plaintiff’s products based on the technology in the ‘117 Patent
`
`including, but not limited to, systems and/or assemblies configured as an electronic conducted
`
`noise filter and/or radiated field shield for incorporation as the end cap of a motor housing case.
`
`Through such activities, Bosch competes for and misappropriates sales and profits for Plaintiff’s
`
`products based on the technology in the ‘117 Patent, including, without limitation, systems
`
`and/or assemblies configured as an electronic conducted noise filter and/or radiated field shield
`
`for incorporation as the end cap of a motor housing case that would have gone to Plaintiff, but
`
`for Bosch’s infringing activities. As a result of the sale and/or distribution of Bosch’s infringing
`
`products, Plaintiff has lost revenue, profits and/or royalties and has suffered irreparable harm.
`
`
`
`7
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`

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`2:13-cv-10444-AJT-MAR Doc # 1 Filed 02/04/13 Pg 8 of 19 Pg ID 8
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`
`
`29.
`
`Plaintiff has been, is being, and will continue to be damaged by Bosch’s
`
`infringing activities. Plaintiff’s harm resulting from Bosch’s infringement includes harm that is
`
`irreparable and that cannot be remedied in its entirety by the recovery of money damages.
`
`Plaintiff does not have an adequate remedy at law.
`
`
`
`30.
`
`On information and belief, Brose has infringed, and continues to infringe, directly
`
`and indirectly, one or more claims of the ‘117 Patent, literally and/or under the doctrine of
`
`equivalents, in this District and elsewhere in the United States, in violation of 35 U.S.C. § 271,
`
`by (i) manufacturing, making, using, selling, offering for sale, and/or importing components,
`
`assemblies and/or systems configured as an electronic conducted noise filter and/or radiated field
`
`shield for incorporation as the end cap of a motor housing case, that infringe one or more claims
`
`of the ‘117 Patent; and/or (ii) by contributing to and/or inducing infringement by others, by
`
`using, selling, offering for sale, and/or importing components, assemblies and/or systems
`
`configured as an electronic conducted noise filter and/or radiated field shield for incorporation as
`
`the end cap of a motor housing case, in a manner that infringes one or more claims of the ‘117
`
`Patent. The infringing products include, but are not limited to, the systems and/or assemblies
`
`pictorially identified in detail in Exhibits F, G and H.
`
`
`
`31.
`
`Brose’s acts of infringement of the ‘117 Patent will continue, without authority or
`
`license, unless this Court enjoins Brose’s infringing activities.
`
`
`
`32.
`
`On information and belief, Brose’s continued infringement, without cessation,
`
`represents willful and deliberate conduct. Brose’s infringing activities, after the date of notice,
`
`constitute acts of willful infringement, warranting the assessment of increased damages pursuant
`
`to 35 U.S.C. § 284, an award of attorney’s fees and costs, as such actions warrant an exceptional
`
`case pursuant to 35 U.S.C. § 285.
`
`
`
`8
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`2:13-cv-10444-AJT-MAR Doc # 1 Filed 02/04/13 Pg 9 of 19 Pg ID 9
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`
`
`33. On information and belief, Brose markets products that directly compete with
`
`and/or have competed with Plaintiff’s products based on the technology in the ‘117 Patent
`
`including, but not limited to, systems and/or assemblies configured as an electronic conducted
`
`noise filter and/or radiated field shield for incorporation as the end cap of a motor housing case.
`
`Through such activities, Brose competes for and misappropriates sales and profits for Plaintiff’s
`
`products based on the technology in the ‘117 Patent, including, without limitation, systems and
`
`assemblies configured as an electronic conducted noise filter and/or radiated field shield for
`
`incorporation as the end cap of a motor housing case that would have gone to Plaintiff, but for
`
`Brose’s infringing activities. As a result of the sale and/or distribution of Brose’s infringing
`
`products, Plaintiff has lost revenue, profits and/or royalties and has suffered irreparable harm.
`
`
`
`34.
`
`Plaintiff has been, is being, and will continue to be damaged by Brose’s infringing
`
`activities. Plaintiff’s harm resulting from Brose’s infringement includes harm that is irreparable
`
`and that cannot be remedied in its entirety by the recovery of money damages. Plaintiff does not
`
`have an adequate remedy at law.
`
`Count III
`Infringement of U.S. Patent No. 7,548,037
`
`
`
`
`
`35.
`
`Paragraphs 1-34 are incorporated by reference as if fully restated herein.
`
`36.
`
`On information and belief, Bosch has infringed, and continues to infringe, directly
`
`and indirectly, one or more claims of the ‘037 Patent, literally and/or under the doctrine of
`
`equivalents, in this District and elsewhere in the United States, in violation of 35 U.S.C. § 271,
`
`by (i) manufacturing, making, using, selling, offering for sale, and/or importing components,
`
`assemblies and/or systems for sensing hard and soft obstructions for moveable panels such as a
`
`window and/or sunroof, that infringe one or more claims of the ‘037 Patent; and/or (ii) by
`
`contributing to and/or inducing infringement by others, by using, selling, offering for sale, and/or
`
`
`
`9
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`

`

`2:13-cv-10444-AJT-MAR Doc # 1 Filed 02/04/13 Pg 10 of 19 Pg ID 10
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`importing components, assemblies and/or systems for sensing hard and soft obstructions for
`
`moveable panels such as a window and/or sunroof, in a manner that infringes one or more claims
`
`of the ‘037 Patent. The infringing products include, but are not limited to, the systems and/or
`
`assemblies pictorially identified in detail in Exhibits F and G.
`
`
`
`37.
`
`Bosch’s acts of infringement of the ‘037 Patent will continue, without authority or
`
`license, unless this Court enjoins Bosch’s infringing activities.
`
`
`
`38.
`
`On information and belief, Bosch’s continued infringement, without cessation,
`
`represents willful and deliberate conduct. Bosch’s infringing activities, after the date of notice,
`
`constitute acts of willful infringement, warranting the assessment of increased damages pursuant
`
`to 35 U.S.C. § 284, an award of attorney’s fees and costs, as such actions warrant an exceptional
`
`case pursuant to 35 U.S.C. § 285.
`
`
`
`39. On information and belief, Bosch markets products that directly compete with
`
`and/or have competed with Plaintiff’s products based on the technology in the ‘037 Patent
`
`including, but not limited to, systems and/or assemblies for sensing hard and soft obstructions for
`
`moveable panels such as a window and/or sunroof. Through such activities, Bosch competes for
`
`and misappropriates sales and profits for Plaintiff’s products based on the technology in the ‘037
`
`Patent, including, without limitation, systems and/or assemblies for sensing hard and soft
`
`obstructions for moveable panels such as a window and/or sunroof that would have gone to
`
`Plaintiff, but for Bosch’s infringing activities. As a result of the sale and/or distribution of
`
`Bosch’s infringing products, Plaintiff has lost revenue, profits and/or royalties and has suffered
`
`irreparable harm.
`
`
`
`40.
`
`Plaintiff has been, is being, and will continue to be damaged by Bosch’s
`
`infringing activities. Plaintiff’s harm resulting from Bosch’s infringement includes harm that is
`
`
`
`10
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`

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`2:13-cv-10444-AJT-MAR Doc # 1 Filed 02/04/13 Pg 11 of 19 Pg ID 11
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`irreparable and that cannot be remedied in its entirety by the recovery of money damages.
`
`Plaintiff does not have an adequate remedy at law.
`
`
`
`41.
`
`On information and belief, Brose has infringed, and continues to infringe, directly
`
`and indirectly, one or more claims of the ‘037 Patent, literally and/or under the doctrine of
`
`equivalents, in this District and elsewhere in the United States, in violation of 35 U.S.C. § 271,
`
`by (i) manufacturing, making, using, selling, offering for sale, and/or importing components,
`
`assemblies and/or systems for sensing hard and soft obstructions for moveable panels such as a
`
`window and/or sunroof, that infringe one or more claims of the ‘037 Patent; and/or (ii) by
`
`contributing to and/or inducing infringement by others, by using, selling, offering for sale, and/or
`
`importing components, assemblies and/or systems for sensing hard and soft obstructions for
`
`moveable panels such as a window and/or sunroof, in a manner that infringes one or more claims
`
`of the ‘037 Patent. The infringing products include, but are not limited to, the systems and/or
`
`assemblies pictorially identified in detail in Exhibits F and G.
`
`
`
`42.
`
`Brose’s acts of infringement of the ‘037 Patent will continue, without authority or
`
`license, unless this Court enjoins Brose’s infringing activities.
`
`
`
`43.
`
`On information and belief, Brose’s continued infringement, without cessation,
`
`represents willful and deliberate conduct. Brose’s infringing activities, after the date of notice,
`
`constitute acts of willful infringement, warranting the assessment of increased damages pursuant
`
`to 35 U.S.C. § 284, an award of attorney’s fees and costs, as such actions warrant an exceptional
`
`case pursuant to 35 U.S.C. § 285.
`
`
`
`44. On information and belief, Brose markets products that directly compete with
`
`and/or have competed with Plaintiff’s products based on the technology in the ‘037 Patent
`
`including, but not limited to, systems and/or assemblies for sensing hard and soft obstructions for
`
`
`
`11
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`2:13-cv-10444-AJT-MAR Doc # 1 Filed 02/04/13 Pg 12 of 19 Pg ID 12
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`moveable panels such as a window and/or sunroof. Through such activities, Brose competes for
`
`and misappropriates sales and profits for Plaintiff’s products based on the technology in the ‘037
`
`Patent, including, without limitation, systems and/or assemblies for sensing hard and soft
`
`obstructions for moveable panels such as a window and/or sunroof that would have gone to
`
`Plaintiff, but for Brose’s infringing activities. As a result of the sale and/or distribution of
`
`Brose’s infringing products, Plaintiff has lost revenue, profits and/or royalties and has suffered
`
`irreparable harm.
`
`
`
`45.
`
`Plaintiff has been, is being, and will continue to be damaged by Brose’s infringing
`
`activities. Plaintiff’s harm resulting from Brose’s infringement includes harm that is irreparable
`
`and that cannot be remedied in its entirety by the recovery of money damages. Plaintiff does not
`
`have an adequate remedy at law.
`
`Count IV
`Infringement of U.S. Patent No. 7,579,802
`
`
`
`
`
`46.
`
`Paragraphs 1-45 are incorporated by reference as if fully restated herein.
`
`47.
`
`On information and belief, Bosch has infringed, and continues to infringe, directly
`
`and indirectly, one or more claims of the ‘802 Patent, literally and/or under the doctrine of
`
`equivalents, in this District and elsewhere in the United States, in violation of 35 U.S.C. § 271,
`
`by (i) manufacturing, making, using, selling, offering for sale, and/or importing components,
`
`assemblies and/or systems for sensing hard and soft obstructions for moveable panels such as a
`
`window and/or sunroof, that infringe one or more claims of the ‘802 Patent; and/or (ii) by
`
`contributing to and/or inducing infringement by others, by using, selling, offering for sale, and/or
`
`importing components, assemblies and/or systems for sensing hard and soft obstructions for
`
`moveable panels such as a window and/or sunroof, in a manner that infringes one or more claims
`
`
`
`12
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`2:13-cv-10444-AJT-MAR Doc # 1 Filed 02/04/13 Pg 13 of 19 Pg ID 13
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`of the ‘802 Patent. The infringing products include, but are not limited to, the systems and/or
`
`assemblies pictorially identified in detail in Exhibits F and G.
`
`
`
`48.
`
`Bosch’s acts of infringement of the ‘802 Patent will continue, without authority or
`
`license, unless this Court enjoins Bosch’s infringing activities.
`
`
`
`49.
`
`On information and belief, Bosch’s continued infringement, without cessation,
`
`represents willful and deliberate conduct. Bosch’s infringing activities, after the date of notice,
`
`constitute acts of willful infringement, warranting the assessment of increased damages pursuant
`
`to 35 U.S.C. § 284, an award of attorney’s fees and costs, as such actions warrant an exceptional
`
`case pursuant to 35 U.S.C. § 285.
`
`
`
`50. On information and belief, Bosch markets products that directly compete with
`
`and/or have competed with Plaintiff’s products based on the technology in the ‘802 Patent
`
`including, but not limited to, systems and/or assemblies for sensing hard and soft obstructions for
`
`moveable panels such as a window and/or sunroof. Through such activities, Bosch competes for
`
`and misappropriates sales and profits for Plaintiff’s products based on the technology in the ‘802
`
`Patent, including, without limitation, systems and/or assemblies for sensing hard and soft
`
`obstructions for moveable panels such as a window and/or sunroof that would have gone to
`
`Plaintiff but for Bosch’s infringing activities. As a result of the sale and/or distribution of
`
`Bosch’s infringing products, Plaintiff has lost revenue, profits and/or royalties and has suffered
`
`irreparable harm.
`
`
`
`51.
`
`Plaintiff has been, is being, and will continue to be damaged by Bosch’s
`
`infringing activities. Plaintiff’s harm resulting from Bosch’s infringement includes harm that is
`
`irreparable and that cannot be remedied in its entirety by the recovery of money damages.
`
`Plaintiff does not have an adequate remedy at law.
`
`
`
`13
`
`

`

`2:13-cv-10444-AJT-MAR Doc # 1 Filed 02/04/13 Pg 14 of 19 Pg ID 14
`
`
`
`52.
`
`On information and belief, Brose has infringed, and continues to infringe, directly
`
`and indirectly, one or more claims of the ‘802 Patent, literally and/or under the doctrine of
`
`equivalents, in this District and elsewhere in the United States, in violation of 35 U.S.C. § 271,
`
`by (i) manufacturing, making, using, selling, offering for sale, and/or importing components,
`
`assemblies and/or systems for sensing hard and soft obstructions for moveable panels such as a
`
`window and/or sunroof, that infringe one or more claims of the ‘802 Patent; and/or (ii) by
`
`contributing to and/or inducing infringement by others, by using, selling, offering for sale, and/or
`
`importing components, assemblies and/or systems for sensing hard and soft obstructions for
`
`moveable panels such as a window and/or sunroof, in a manner that infringes one or more claims
`
`of the ‘802 Patent. The infringing products include, but are not limited to, the systems and/or
`
`assemblies pictorially identified in detail in Exhibits F and G.
`
`
`
`53.
`
`Brose’s acts of infringement of the ‘802 Patent will continue, without authority or
`
`license, unless this Court enjoins Brose’s infringing activities.
`
`
`
`54.
`
`On information and belief, Brose’s continued infringement, without cessation,
`
`represents willful and deliberate conduct. Brose’s infringing activities, after the date of notice,
`
`constitute acts of willful infringement, warranting the assessment of increased damages pursuant
`
`to 35 U.S.C. § 284, an award of attorney’s fees and costs, as such actions warrant an exceptional
`
`case pursuant to 35 U.S.C. § 285.
`
`
`
`55. On information and belief, Brose markets products that directly compete with
`
`and/or have competed with Plaintiff’s products based on the technology in the ‘802 Patent
`
`including, but not limited to, systems and/or assemblies for sensing hard and soft obstructions for
`
`moveable panels such as a window and/or sunroof. Through such activities, Brose competes for
`
`and misappropriates sales and profits for Plaintiff’s products based on the technology in the ‘802
`
`
`
`14
`
`

`

`2:13-cv-10444-AJT-MAR Doc # 1 Filed 02/04/13 Pg 15 of 19 Pg ID 15
`
`Patent, including, without limitation, systems and/or assemblies for sensing hard and soft
`
`obstructions for moveable panels such as a window and/or sunroof that would have gone to
`
`Plaintiff but for Brose’s infringing activities. As a result of the sale and/or distribution of
`
`Brose’s infringing products, Plaintiff has lost revenue, profits and/or royalties and has suffered
`
`irreparable harm.
`
`
`
`56.
`
`Plaintiff has been, is being, and will continue to be damaged by Brose’s infringing
`
`activities. Plaintiff’s harm resulting from Brose’s infringement includes harm that is irreparable
`
`and that cannot be remedied in its entirety by the recovery of money damages. Plaintiff does not
`
`have an adequate remedy at law.
`
`Count V
`Infringement of U.S. Patent No. 8,217,612
`
`
`
`
`
`57.
`
`Paragraphs 1-56 are incorporated by reference as if fully restated herein.
`
`58.
`
`On information and belief, Bosch has infringed, and continues to infringe, directly
`
`and indirectly, one or more claims of the ‘612 Patent, literally and/or under the doctrine of
`
`equivalents, in this District and elsewhere in the United States, in violation of 35 U.S.C. § 271,
`
`by (i) manufacturing, making, using, selling, offering for sale, and/or importing components,
`
`assemblies and/or systems for sensing hard and soft obstructions for moveable panels such as a
`
`window and/or sunroof, that infringe one or more claims of the ‘612 Patent; and/or (ii) by
`
`contributing to and/or inducing infringement by others, by using, selling, offering for sale, and/or
`
`importing components, assemblies and/or systems for sensing hard and soft obstructions for
`
`moveable panels such as a window and/or sunroof, in a manner that infringes one or more claims
`
`of the ‘612 Patent. The infringing products include, but are not limited to, the systems and/or
`
`assemblies pictorially identified in detail in Exhibits F and G.
`
`
`
`15
`
`

`

`2:13-cv-10444-AJT-MAR Doc # 1 Filed 02/04/13 Pg 16 of 19 Pg ID 16
`
`
`
`59.
`
`Bosch’s acts of infringement of the ‘612 Patent will continue, without authority or
`
`license, unless this Court enjoins Bosch’s infringing activities.
`
`
`
`60.
`
`On information and belief, Bosch’s continued infringement, without cessation,
`
`represents willful and deliberate conduct. Bosch’s infringing activities, after the date of notice,
`
`constitute acts of willful infringement, warranting the assessment of increased damages pursuant
`
`to 35 U.S.C. § 284, an award of attorney’s fees and costs, as such actions warrant an exceptional
`
`case pursuant to 35 U.S.C. § 285.
`
`
`
`61. On information and belief, Bosch markets products that directly compete with
`
`and/or have competed with Plaintiff’s products based on the technology in the ‘612 Patent
`
`including, but not limited to, systems and/or assemblies for sensing hard and soft obstructions for
`
`moveable panels such as a window and/or sunroof. Through such activities, Bosch competes for
`
`and misappropriates sales and profits for Plaintiff’s products based on the technology in the ‘612
`
`Patent, including, without limitation, systems and/or assemblies for sensing hard and soft
`
`obstructions for moveable panels such as a window and/or sunroof that would have gone to
`
`Plaintiff but for Bosch’s infringing activities. As a result of the sale and/or distribution of
`
`Bosch’s infringing products, Plaintiff has lost revenue, profits and/or royalties and has suffered
`
`irreparable harm.
`
`
`
`62.
`
`Plaintiff has been, is being, and will continue to be damaged by Bosch’s
`
`infringing activities. Plaintiff’s harm resulting from Bosch’s infringement includes harm that is
`
`irreparable and that cannot be remedied in its entirety by the recovery of money damages.
`
`Plaintiff does not have an adequate remedy at law.
`
`
`
`63.
`
`On information and belief, Brose has infringed, and continues to infringe, directly
`
`and indirectly, one or more claims of the ‘612 Patent, literally and/or under the doctrine of
`
`
`
`16
`
`

`

`2:13-cv-10444-AJT-MAR Doc # 1 Filed 02/04/13 Pg 17 of 19 Pg ID 17
`
`equivalents, in this District and elsewhere in the United States, in violation of 35 U.S.C. § 271,
`
`by (i) manufacturing, making, using, selling, offering for sale, and/or importing components,
`
`assemblies and/or systems for sensing hard and soft obstructions for moveable