Case 2:21-cv-12015-AJT-DRG ECF No. 1, PageID.1 Filed 08/30/21 Page 1 of 27
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF MICHIGAN
`SOUTHERN DIVISION
`
`
`MicroPairing Technologies LLC,
`
` Plaintiff,
`
`v.
`
`FCA US LLC,
`
` Defendant.
`
`
`
`
`
`
`
`
`
`
`
`Civil Action No. _____________
`
`Jury Trial Demanded
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`Plaintiff MicroPairing Technologies LLC files this Complaint against FCA
`
`
`
`
`
`
`
`
`US LLC for infringement of U.S. Patent Nos. 7,178,049 (the ’049 patent”),
`
`8,020,028 (“the ’028 patent), 8,006,117 (“the ’117 patent”), and 7,793,136 (“the
`
`’136 patent”). The ’049 patent, ’028 patent, ’117 patent, and ’136 patent are
`
`referred to collectively as the “patents-in-suit.”
`
`THE PARTIES
`
`1.
`
`Plaintiff MicroPairing Technologies LLC (“MicroPairing”) is a Texas
`
`limited liability company located in Plano, Texas.
`
`2.
`
`Defendant FCA US LLC (“FCA”) is a Delaware corporation with its
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`principal place of business located at 1000 Chrysler Drive, Auburn Hills, Oakland
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`County, Michigan 48326. FCA may be served with process through its registered
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`

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`Case 2:21-cv-12015-AJT-DRG ECF No. 1, PageID.2 Filed 08/30/21 Page 2 of 27
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`agent, The Corporation Company (CA), at 229 Brookwood Drive, Suite 14, South
`
`Lyon, Michigan 48178.
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`JURISDICTION AND VENUE
`
`3.
`
`This action arises under the patent laws of the United States, 35
`
`U.S.C. § 101, et seq. This Court’s jurisdiction over this action is proper under the
`
`above statutes, including 35 U.S.C. § 271, et seq., 28 U.S.C. § 1331 (federal
`
`question jurisdiction), and 28 U.S.C. § 1338 (jurisdiction over patent actions).
`
`4.
`
`This Court has personal jurisdiction over FCA in accordance with due
`
`process and Michigan law because, among other things, FCA’s principal place of
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`business is located in Michigan, FCA does business in Michigan, FCA has
`
`committed the tort of patent infringement in Michigan, and FCA owns property in
`
`Michigan.
`
`5.
`
`Further, this Court has personal jurisdiction over FCA because it has
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`engaged, and continues to engage, in continuous, systematic, and substantial
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`activities within this state, including the substantial marketing and sale of products
`
`and services within this state and this District. Indeed, this Court has personal
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`jurisdiction over FCA because it has committed acts giving rise to MicroPairing’s
`
`claims for patent infringement within and directed to this District, has derived
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`substantial revenue from its goods and services provided to individuals in this state
`
`2
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`and this District, and maintains a regular and established place of business in this
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`District, which is also its principal place of business.
`
`6.
`
`Relative to patent infringement, FCA has committed and continues to
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`commit acts in violation of 35 U.S.C. § 271, and has made, used, marketed,
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`distributed, offered for sale, and/or sold infringing products and services in this
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`state, including in this District, and otherwise engaged in infringing conduct within
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`and directed at, or from, this District. Such infringing products and services,
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`namely Chrysler, Dodge, Jeep, Ram, and FIAT branded vehicles (vehicles under
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`these five brand names will also be referred to as “FCA Vehicles” in this
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`Complaint) with the Uconnect infotainment system and/or that operate on the
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`AUTOSAR platform, have been and continue to be distributed to, offered for sale,
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`sold, and used in this District and the infringing conduct has caused, and continues
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`to cause, injury to MicroPairing, including injury suffered within this District.
`
`These are purposeful acts and transactions in this state and this District such that
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`FCA reasonably should know and expect that it can be haled into this Court
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`because of such activities.
`
`7.
`
`Venue is proper in this District under 28 U.S.C. §§ 1391 and 1400(b)
`
`because a substantial part of the events or omissions giving rise to the
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`MicroPairing claims occurred in this District. This includes extensive commission
`
`of acts of infringement in this District. FCA also has a regular and established
`
`3
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`place of business in this District in the form of, at least, its principal place of
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`business in Auburn Hills, MI. Indeed, FCA conducts business in this District,
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`including making and servicing infringing vehicles for, and offering to sell, selling,
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`and distributing infringing vehicles and related services to, FCA customers in this
`
`District.
`
`THE PATENTS-IN-SUIT
`
`8.
`
`The ’049 patent is entitled, “Method for Multi-Tasking Multiple Java
`
`Virtual Machines in a Secure Environment.” The ’049 patent lawfully issued on
`
`February 13, 2007 and stems from U.S. Patent Application No. 10/132,886, which
`
`was filed on April 24, 2002. A copy of the ’049 patent is attached hereto as Ex. 1.
`
`9.
`
`The ’028 patent is entitled, “Application Management System for
`
`Mobile Devices.” The ’028 patent lawfully issued on September 13, 2011 and
`
`stems from U.S. Patent Application No. 10/132,886, which was filed on April 24,
`
`2002. A copy of the ’028 patent is attached hereto as Ex. 2.
`
`10.
`
`The ’117 patent is entitled, “Method for Multi-Tasking Multiple Java
`
`Virtual Machines in a Secure Environment.” The ’117 patent lawfully issued on
`
`August 23, 2011 and stems from U.S. Patent Application No. 10/132,886, which
`
`was filed on April 24, 2002. A copy of the ’117 patent is attached hereto as Ex. 3.
`
`11.
`
`The ’136 patent is entitled, “Application Management System with
`
`Configurable Software Applications.” The ’136 patent lawfully issued on
`
`4
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`

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`September 7, 2010 and stems from U.S. Patent Application No. 10/132,886, which
`
`was filed on April 24, 2002. A copy of the ’136 patent is attached hereto as Ex. 4.
`
`12. MicroPairing is the owner of the patents-in-suit with all substantial
`
`rights, including the exclusive right to enforce, sue, and recover damages for past
`
`and future infringements.
`
`13. MicroPairing’s claims do not have damages limited by 35 U.S.C. §
`
`287. MicroPairing is only seeking damages for: (1) infringement of method claims
`
`of the ’049 and ’028 patents; and (2) infringements of claims of the ’136 and ’117
`
`patents accruing upon and after notice of infringement to FCA.
`
`14.
`
`The claims of the patents-in-suit are directed to patent eligible subject
`
`matter under 35 U.S.C. § 101. They are not directed to an abstract idea, and the
`
`technologies covered by the claims comprise vehicle systems and/or consist of
`
`ordered combinations of features and functions that, at the time of invention, were
`
`not, alone or in combination, well-understood, routine, or conventional.
`
`15.
`
`The specifications of the patents-in-suit disclose shortcomings in the
`
`prior art and then explain, in detail, the technical way the claimed inventions
`
`resolve or overcome those shortcomings. For example, the specification of the
`
`’049 patent also discloses shortcomings in the prior art and then explains, in detail,
`
`the technical way the claimed inventions resolve or overcome those shortcomings.
`
`For example, the specification of the ’049 patent discusses that:
`
`5
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`

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`A java application stack includes a Java layer 5 for running any one of
`multiple different applications. In one example, the applications are
`related to different vehicle operations such as Infrared (IR) and radar
`sensor control and monitoring, vehicle brake control, vehicle audio and
`video control, environmental control, driver assistance control, etc. A
`Java Virtual Machine (JVM) layer 16 provides the hardware
`independent platform for running the Java applications 5. A Jini layer
`12 provides some limited security for the Java applications that run on
`different machines. However, the Jini layer 12 does not provide the
`necessary reconfiguration and security management necessary for a
`distributed real-time multiprocessor system.
`
`Ex. 1 at 2:22-35. To resolve this issue, the ’049 patent proposes:
`
`
`A Secure Real-time Executive (SRE) 14 provides an extension to the
`JVM 16 and allows Java to run on different processors for real-time
`applications. The SRE 20 manages messaging, security, critical data,
`file I/O multiprocessor task control and watchdog tasks in the Java
`environment as described below. The JVM 16, Jini 12 and SRE 14 can
`all be implemented in the same JVM 10.
`
`
`Id. at 2:36-42.
`
`
`16.
`
`The ’049 patent describes how this invention would apply to motor
`
`vehicles:
`
`The SRE 14 runs below the JVMs 10 in each processor and control
`tasks, messaging, security, etc. For example, the Java application 26
`controls vehicle braking according to the sensor data collected by the
`sensor fusion Java application 32. The SRE 14 in one example prevents
`unauthorized data from being loaded into the processor 16 that runs
`brake control application 26. The SRE 14 also prevents other Java
`applications that are allowed to be loaded into processor 16 from
`disrupting critical braking operations, or taking priority over the
`braking operations, performed by Java application 26.
`
`For example, the SRE 14 may prevent noncritical vehicle applications,
`such as audio control, from being loaded onto processor 16. In another
`example, noncritical operations, such as security control application 28,
`
`6
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`

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`are allowed to be loaded onto processor 16. However, the SRE 14
`assigns the security messages low priority values that will only be
`processed when there are no braking tasks in application 26 that require
`processing by processor 16.
`
`Id. at 2:57-3:8.
`
`17.
`
`Solutions to the problems outlined by the ’049 patent are embodied,
`
`for example, in claim 29:
`
`A method for configuring real-time vehicle applications in a distributed
`multi-processor system operating in a vehicle, comprising:
`
`identifying vehicle applications running on different processors in the
`multiprocessor system;
`
`operating a task manager that obtains different data and state
`information associated with the different vehicle applications;
`
`operating a configuration manager that notifies the task manager upon
`detecting a failure running one of the identified vehicle applications in
`the multiprocessor system;
`
`using the task manager for automatically identifying another processor
`in the multiprocessor system for running the identified vehicle
`application and redirecting the vehicle application associated with the
`detected failure to the other identified processor in the vehicle;
`
`using the configuration manager to redirect the data and state
`information to the other identified processor in the vehicle after
`detecting the failure; and
`
`initiating the identified application in the identified other processor.
`
`Id. at claim 29.
`
`18.
`
`The specifications of the ’028 patent and ’117 patent also disclose
`
`shortcomings in the prior art and then explain, in detail, the technical way the
`
`7
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`

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`claimed inventions resolve or overcome those shortcomings. For example, the
`
`specification of the ’028 patent (which closely mirrors the ’117 patent
`
`specification) discusses that Java and Jini work together to “extend[] the Java
`
`application environment from a single virtual machine to a network of machines.
`
`The Java application environment provides a good computing platform for
`
`distributed computing because both code and data can move from machine to
`
`machine. The Jini infrastructure provides mechanisms for devices, services, and
`
`users to join and detach from a network. Jini systems are more dynamic than is
`
`currently possible in networked groups where configuring a network is a
`
`centralized function done by hand.” Ex. 2 at 1:38-50.
`
`19. However,
`
`[T]he Java/Jini approach is not without its disadvantages. Both Java
`and Jini are free, open source applications. The Java application
`environment is not designed for controlling messaging between
`different machines. For example, the Java application is not
`concerned about
`the protocols between different hardware
`platforms. Jini has some built-in security that allows code to be
`downloaded and run from different machines in confidence.
`However, this limited security is insufficient for environments
`where it is necessary to further restrict code sharing or operation
`sharing among selected devices in a secure embedded system.
`Id. at 1:51-61.
`
`
`20.
`
`The specifications of the ’028 patent and ’117 patent thus describe an
`
`embodiment of the invention that solves the problem posed by the patents, as
`
`follows:
`
`8
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`

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`A Secure Real-time Executive (SRE) 14 provides an extension to the
`JVM 16 and allows Java to run on different processors for real-time
`applications. The SRE 20 manages messaging, security, critical data,
`file I/0 multiprocessor task control and watchdog tasks in the Java
`environment as described below. The JVM 16, Jini 12 and SRE 14 can
`all be implemented in the same JVM 10, However, for explanation
`purposes, the JVM 10 and the SRE 14 will be shown as separate
`elements.
`
`Id. at 2:39-47.
`
`
`21.
`
`The patents also describe how this invention would apply to motor
`
`vehicles:
`
`The SRE 14 runs below the JVMs 10 in each processor and control
`tasks, messaging, security, etc. For example, the Java application 26
`controls vehicle braking according to the sensor data collected by the
`sensor fusion Java application 32. The SRE 14 in one example prevents
`unauthorized data from being loaded into the processor 16 that runs
`brake control application 26. The SRE 14 also prevents other Java
`applications that are allowed to be loaded into processor 16 from
`disrupting critical braking operations, or taking priority over the
`braking operations, performed by Java application 26.
`
`For example, the SRE 14 may prevent noncritical vehicle applications,
`such as audio control, from being loaded onto processor 16. In another
`example, noncritical operations, such as security control application 28,
`are allowed to be loaded onto processor 16. However, the SRE 14
`assigns the security messages low priority values that will only be
`processed when there are no braking tasks in application 26 that require
`processing by processor 16.
`
`Id. at 2:60-3:10.
`
`
`22.
`
`Solutions to the problems outlined by the ’028 patent are embodied,
`
`for example, in claim 18:
`
`9
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`

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`use
`
`
`
`in a multiprocessor,
`
`A method for reconfiguring applications
`comprising:
`
`operating a wireless device manager in at least one processor in the
`multiprocessor system, the wireless device manager configured to:
`
`a. monitor for wireless signals from a new device not currently coupled
`to the multiprocessor system, wherein the new device runs a first
`software application that processes a first type of data; and
`
`b. wirelessly connect the new device to the multiprocessor system;
`
`operating a configuration manager in one of the multiple processors in
`the multiprocessor system, the configuration manager configured to:
`
`c. monitor operations of the multiple processors in the multiprocessor
`system;
`
`d. identify data codes in the wireless signals from the new device and
`
`the data codes to identify the first type of data processed by the first
`software application running on the new device;
`
`e. responsive to identifying the data codes from the new device, select
`a second software application from among multiple different software
`applications stored within memory in the multiprocessor system,
`wherein the second software application is associated with the first type
`of data processed by the new device and is not currently loaded into one
`of the multiple processors in the multiprocessor system;
`
`f. download a copy of the second software application selected from the
`memory to one of the multiple processors in the multiprocessor system;
`
`g. reconfigure one of the multiple processors in the multiprocessor
`system to run the second software application downloaded from the
`memory and take over control and operation of the new device; and
`
`h. process data from the new device with the second software
`application operating in and controlled by the particular one of the
`multiple processors in the multiprocessor system; and
`
`10
`
`
`

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`
`i. operating a security manager configured to determine authority to
`access at least some of the new devices, software applications or data
`used in the multiprocessor system.
`
`
`Id. at claim 18.
`
`
`23.
`
`Solutions to the problems outlined by the ’117 patent are embodied,
`
`for example, in claim 1:
`
`A computer system, comprising:
`
`a memory;
`
`
`one or more processors in a processing system, wherein the processing
`system is configured to:
`
`
`
`
`operate a transceiver,
`
`
`
`detect a new device within communication range of the
`transceiver,
`
`detect a protocol used by the new device,
`
`communicate with the new device in response to the detected
`protocol conforming with a protocol used by the processing
`system;
`
`an application management system configured to:
`
`
`identify data parameters that include at least one of data codes,
`data type and device ID associated with the new device,
`
`
`
`verify the new device data parameters as at least one of
`authorized or unauthorized; and
`
`11
`
`
` real-time operating system;
`
` user interface;
`
` a
`
` a
`
`

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`
`
`
`
`
`
`responsive to verifying the data parameters as authorized,
`connect to the new device, dynamically configure an application
`to process the data types and launch the application in the
`processing system, wherein the application in response to
`launching is configured to take over control and operation of the
`new device including:
`
`initiating transfer of data from the new device to the operating
`system; and
`
`initiate processing of the data received from the new device.
`
`
`Ex. 3 at claim 1.
`
`
`24.
`
`The specification of the ’136 patent also discloses shortcomings in the
`
`prior art and then explains, in detail, the technical way the claimed inventions
`
`resolve or overcome those shortcomings. The specification of the ’136 patent
`
`discusses Java virtual machines (JVMs), which make “it possible for Java
`
`application programs to be built that can run on any platform without having to be
`
`rewritten or recompiled by the programmer for each separate platform.” Ex. 4 at
`
`1:27-34. The specification also describes the Jini system, which “extends the Java
`
`application environment from a single virtual machine to a network of machines. . .
`
`. The Jini infrastructure provides mechanisms for devices, services, and users to
`
`join and detach from a network. Jini systems are more dynamic than is currently
`
`possible in networked groups where configuring a network is a centralized function
`
`done by hand.” Id. at 1:34-47.
`
`12
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`

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`25.
`
`“However, the Java/Jini approach is not without its disadvantages.
`
`Both Java and Jini are free, open source applications. The Java application
`
`environment is not designed for controlling messaging between different
`
`machines.” Id. at 1:48-51. “For example, the Java application is not concerned
`
`about the protocols between different hardware platforms. Jini has some built-in
`
`security that allows code to be downloaded and run from different machines in
`
`confidence. However, this limited security is insufficient for environments where
`
`it is necessary to further restrict code sharing or operation sharing among selected
`
`devices in a secure embedded system.” Id. at 1:51-58.
`
`26.
`
`To solve these problems, the ’136 patent proposes a “Secure Real-
`
`time Executive (SRE) 14 [which] provides an extension to the JVM 16 and allows
`
`Java to run on different processors for real-time applications. The SRE 20
`
`manages messaging, security, critical data, file I/O multiprocessor task control and
`
`watchdog tasks in the Java environment as described below.” Id. at 2:35-40. “For
`
`example, the SRE 14 may prevent noncritical vehicle applications, such as audio
`
`control, from being loaded onto processor 16.” Id. at 2:66-3:1.
`
`27.
`
`The advantages of the invention of the ’136 patent are taught as
`
`follows:
`
`The SRE 14 allows any variety of real-time, mission critical, nonreal-
`time and nonmission critical Java applications to be loaded onto the
`multiprocessor system 15. The SRE 14 then automatically manages the
`different types of applications and messages to ensure that the critical
`
`13
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`

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`vehicle applications are not corrupted and processed with the necessary
`priority. The SRE 14 is secure software that cannot be manipulated by
`other Java applications.
`
`The SRE 14 provides priority preemption on a message scale across the
`entire system 15 and priority preemption on a task scale across the
`entire system 15. So the SRE 14 controls how the JVMs 10 talk to each
`other and controls how the JVMs 10 are started or initiated to perform
`tasks. The SRE 14 allows programmers to write applications using Java
`in a safe and secure real time environment. Thus, viruses can be
`prevented by SRE 14 from infiltrating the system 15.
`
`Id. at 3:7-22.
`
`28. An important aspect of the invention of the ’136 patent is the message
`
`manager:
`
`The message manager 50 determines the priority of sent and received
`messages. If the data transmitted and received by the sensor fusion
`thread 76 is higher priority than other data transmitted and received on
`the processor 84, then the sensor fusion data will be given priority over
`the other data. The task manager 58 controls the priority that the sensor
`fusion thread 76 is giving by processor 84. If the sensor fusion thread
`76 has higher priority than, for example, an audio application that is
`also being run by processor 84, then the sensor fusion thread 76 will be
`performed before the audio application.
`Id. at 4:60-5:3.
`
`
`29.
`
`Solutions to the problems outlined by the ’136 patent are embodied in,
`
`for example, claim 31:
`
`An apparatus, comprising:
`
` a
`
` multiprocessor system configured to:
`
`
`identify a new device that is not currently coupled to the multiprocessor
`system;
`
`14
`
`
`

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`
`detect a communication protocol used by the new device and connect
`the new device to the multiprocessor system when signaling from the
`new device conforms to a communication protocol used in the
`multiprocessor system;
`
`configure the new device into the multiprocessor system when a data
`protocol operated by the new device conforms with a data protocol used
`in the multiprocessor system;
`
`display an image representing the new device on a graphical interface;
`
`identify data codes in the signaling from the new device identifying an
`application running on the new device, a data type used on the new
`device, and a security level associated with data stored in the new
`device;
`
`use the identified security level to prevent unauthorized data from being
`loaded into the multiprocessor system;
`
`identify a stored application in memory in the multiprocessor system
`that uses the same data type used on the new device and download the
`stored application from memory into a processor in the multiprocessor
`system;
`
`display an image on the graphical user interface representing the stored
`application loaded into the processor in the multiprocessor system; and
`
`use the stored application to direct data exchanged with the portable
`device to a selectable output or a selectable input identified on the
`graphical interface.
`
`Id. at claim 31.
`
`
`30.
`
`In essence, the patents-in-suit relate to novel and non-obvious
`
`inventions in the field of in-vehicle device connectivity, specifically infotainment
`
`systems and the AUTOSAR platform in cars and trucks.
`
`15
`
`
`

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`Case 2:21-cv-12015-AJT-DRG ECF No. 1, PageID.16 Filed 08/30/21 Page 16 of 27
`
`COUNT I
`INFRINGEMENT OF U.S. PATENT NO. 7,178,049
`
`31. MicroPairing repeats and realleges each allegation above as if fully set
`
`forth herein.
`
`32.
`
`This cause of action arises under the patent laws of the United States,
`
`and in particular, 35 U.S.C. §§ 271, et seq.
`
`33. MicroPairing is the owner of the ’049 patent with all substantial rights
`
`to the ’049 patent including the exclusive right to enforce, sue, and recover
`
`damages for past and future infringements.
`
`34.
`
`The ’049 patent is valid and enforceable and was duly issued in full
`
`compliance with Title 35 of the United States Code.
`
`35. Attached hereto as Ex. 5, and incorporated herein by reference, is a
`
`claim chart detailing how FCA infringes the ʼ049 patent.
`
`Direct Infringement (35 U.S.C. § 271(a))
`
`36.
`
`FCA has directly infringed and continues to directly infringe one or
`
`more claims of the ’049 patent in this District and elsewhere in Michigan and the
`
`United States.
`
`37.
`
`To this end, FCA has infringed and continues to infringe, either by
`
`itself or via an agent, at least claims 29 – 31 of the ’049 patent by, among other
`
`things, testing and using FCA Vehicles that operate on the AUTOSAR platform,
`
`and/or by directing, controlling, and setting into operation the performance of the
`
`16
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`
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`Case 2:21-cv-12015-AJT-DRG ECF No. 1, PageID.17 Filed 08/30/21 Page 17 of 27
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`claimed methods of the ’049 patent (e.g., by providing software that is not
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`accessible to end users and automatically performs the steps of the claimed
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`methods) while obtaining substantial benefit from such direction, control, and
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`setting into operation (e.g., redundant and/or fault tolerant safety and control
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`systems to provide improved vehicle safety and reliability).
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`Indirect Infringement (Inducement – 35 U.S.C. § 271(b))
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`38.
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`In addition and/or in the alternative to its direct infringement, FCA
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`has indirectly infringed and continues to indirectly infringe one or more claims of
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`the ’049 patent by inducing direct infringement by its FCA Vehicle customers and
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`end users.
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`39.
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`FCA has knowledge of the ’049 patent, its infringements, and the
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`infringements of its customers and end users based, at least, on its receipt of notice
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`of infringement from MicroPairing and/or its receipt of service of this Complaint
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`in this action.
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`40. Despite having knowledge (or being willfully blind to the fact) that
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`use of the FCA Vehicles that operate on the AUTOSAR platform infringes the
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`’049 patent, FCA has specifically intended, and continues to specifically intend,
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`for persons who acquire and use such vehicles, including FCA’s Vehicle customers
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`and end users, to use the vehicles in a way that results in infringement of the ’049
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`17
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`Case 2:21-cv-12015-AJT-DRG ECF No. 1, PageID.18 Filed 08/30/21 Page 18 of 27
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`patent, including at least claims 29 – 31. Indeed, FCA knew or should have known
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`that its actions have induced, and continue to induce, such infringements.
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`41.
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`FCA instructs and encourages customers and end users to use their
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`FCA Vehicles in a manner that infringes the ’049 patent. For example, FCA
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`provides customers and end users with user guides and other instructional materials
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`(see, e.g., https://cdn.dealereprocess.org/cdn/servicemanuals/ram/2021-1500.pdf),
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`which include instructions on how to use the infotainment system and vehicle
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`safety features that implicate the AUTOSAR platform in a way that results in
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`infringement of the ’049 patent. FCA also provides in its vehicles computer
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`programs (i.e., instructions) that cause performance of claimed methods.
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`Damages
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`42.
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`FCA is liable for its infringements of the ’049 patent pursuant to 35
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`U.S.C. § 271.
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`43. MicroPairing has been damaged as a result of FCA’s infringing
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`conduct described in this Count. FCA is, thus, liable to MicroPairing in an amount
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`that adequately compensates it for FCA’s infringements, which, by law, cannot be
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`less than a reasonable royalty, together with interest and costs as fixed by this
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`Court under 35 U.S.C. § 284.
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`18
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`Case 2:21-cv-12015-AJT-DRG ECF No. 1, PageID.19 Filed 08/30/21 Page 19 of 27
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`COUNT II
`INFRINGEMENT OF U.S. PATENT NO. 8,020,028
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`44. MicroPairing repeats and realleges each allegation above as if fully set
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`forth herein.
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`45.
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`This cause of action arises under the patent laws of the United States,
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`and in particular, 35 U.S.C. §§ 271, et seq.
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`46. MicroPairing is the owner of the ’028 patent with all substantial rights
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`to the ’028 patent including the exclusive right to enforce, sue, and recover
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`damages for past and future infringements.
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`47.
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`The ’028 patent is valid and enforceable and was duly issued in full
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`compliance with Title 35 of the United States Code.
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`48. Attached hereto as Ex. 6, and incorporated herein by reference, is a
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`claim chart detailing how FCA infringes the ʼ028 patent.
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`Direct Infringement (35 U.S.C. § 271(a))
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`49.
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`FCA has directly infringed and continues to directly infringe one or
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`more claims of the ’028 patent in this District and elsewhere in Michigan and the
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`United States.
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`50.
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`To this end, FCA has infringed and continues to infringe, either by
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`itself or via an agent, at least claim 18 of the ’028 patent by, among other things,
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`testing and using FCA Vehicles with the Uconnect infotainment system, and/or by
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`directing, controlling, and setting into operation the performance of the claimed
`
`19
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`Case 2:21-cv-12015-AJT-DRG ECF No. 1, PageID.20 Filed 08/30/21 Page 20 of 27
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`methods of the ’028 patent (e.g., by providing software that is not accessible to end
`
`users and automatically performs the steps of the claimed methods) while
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`obtaining substantial benefit from such direction, control and setting into operation
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`(e.g., offering seamless integration of key infotainment system functionality
`
`consistent with consumer expectations).
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`Indirect Infringement (Inducement – 35 U.S.C. § 271(b))
`
`
`51.
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`In addition and/or in the alternative to its direct infringement, FCA
`
`has indirectly infringed and continues to indirectly infringe one or more claims of
`
`the ’028 patent by inducing direct infringement by its FCA Vehicle customers and
`
`end users.
`
`52.
`
`FCA has knowledge of the ’028 patent, its infringements, and the
`
`infringements of its customers and end users based, at least, on its receipt of notice
`
`of infringement from MicroPairing and/or its receipt of service of this Complaint
`
`in this action.
`
`53. Despite having knowledge (or being willfully blind to the fact) that
`
`use of the FCA Vehicles with Uconnect infotainment system infringes the ’028
`
`patent, FCA has specifically intended, and continues to specifically intend, for
`
`persons who acquire and use such vehicles, including FCA’s customers and end
`
`users, to use the vehicles in a way that results in infringement of the ’028 patent,
`
`20
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`

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`Case 2:21-cv-12015-AJT-DRG ECF No. 1, PageID.21 Filed 08/30/21 Page 21 of 27
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`including at least claim 18. Indeed, FCA knew or should have known that its
`
`actions have induced, and continue to induce, such infringements.
`
`54.
`
`FCA instructs and encourages customers and end users to use their
`
`FCA Vehicles in a manner that infringes the ’028 patent. For example, FCA
`
`provides FCA Vehicle owners and other users with user guides and other
`
`instructional materials (see, e.g.,
`
`https://cdn.dealereprocess.org/cdn/servicemanuals/ram/2021-1500.pdf), which
`
`include instructions on how to use the infotainment system in a way that results in
`
`infringement of the ’028 patent. FCA also provides in its vehicles computer
`
`programs (i.e., instructions) that cause performance of claimed methods.
`
`Damages
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`55.
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`FCA is liab