IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TYLER DIVISION
`
`AMERICAN VEHICULAR SCIENCES LLC
`
`Plaintiff,
`
`v.
`
`TOYOTA MOTOR CORPORATION, et al.
`
`Defendants.
`
`§
`§
`§
`§
`§
`§
`§ CASENOS.:
`§
`6:12-CV-00406-MHS-JDL (Consolidated)
`§
`§
`§
`§
`§
`§
`§
`§
`§
`
`6:12-CV-00404-MHS-JDL (Lead)
`
`JURYTRIAL
`
`AMERICAN VEHICULAR SCIENCES LLC'S DISCLOSURE OF ASSERTED CLAIMS
`AND INFRINGEMENT CONTENTIONS AND IDENTIFICATION OF DOCUMENT
`PRODUCTION ACCOMPANYING DISCLOSURE
`
`American Vehicular Sciences LLC ("A VS" respectfully serve their Disclosure of Asserted
`
`Claims and Infringement Contentions against Toyota Motor Corporation, Toyota Motor Sales,
`
`U.S.A., Inc., Toyota Motor Engineering & Manufacturing North America, Inc., Toyota Motor
`
`Manufacturing, Kentucky, Inc., Toyota Motor Manufacturing, Indiana, Inc., and Gulf States
`
`Toyota,
`
`Inc.
`
`(collectively, "Toyota") and
`
`its
`
`Identification of Document Production
`
`Accompanying Disclosure.
`
`AVS presents these Infringement Contentions based on AVS' analysis of the facts
`
`currently known to it based on A VS' review of certain publicly available information. A VS
`
`reserves the right to amend or further supplement these disclosures with additional information
`
`learned in the course of discovery or further investigation.
`
`1
`
`IPR2013-00424 - Ex. 1012
`Toyota Motor Corp., Petitioner
`
`1
`
`

`

`I.
`
`INFRINGED CLAIMS- P.R. 3-1(a)
`
`AVS asserts that the Toyota defendants infringe directly, contributorily, and/or by
`
`inducement one or more ofthe flowing claims:
`
`Claims 10, 11, 16, 17, 19, 20, and 23 of U.S. Patent No. 5,845,000 ("the '000
`
`Patent").
`
`A VS has identified these claims based on information currently known to it. Other
`
`claims of the asserted patents include limitations based on certain discrete components of the
`
`claimed apparatus or certain discrete steps of the claimed method that A VS has been unable to
`
`definitively determine based on information currently known to AVS. AVS, however, believes
`
`that discovery and further investigation may likely identify such additional claims that are
`
`infringed by the Accused Instrumentalities or use thereof, and A VS accordingly reserves the
`
`right to supplement its identification of claims and other disclosures in the course of discovery or
`
`further investigation. For example, AVS cannot determine based on the current information it
`
`has about the Accused Instrumentalities whether the Defendants infringe the following additional
`
`claims:
`
`Claims 13 and 18 of the '000 Patent
`
`II.
`
`INDENTIFICATION OF ACCUSED INSTRUMENTALITIES AND CLAIM
`CHARTS- P.R 3-1(b)-(c)
`
`Based on present information and belief, A VS contends that the Asserted Claims are
`
`infringed by Toyota motor vehicles of various versions and model years, including motor
`
`vehicles marketed under the Toyota, Lexus, or Scion brands ("Toyota Vehicles"), having the
`
`functionality described in the provided claim charts that have been made, used, sold, offered for
`
`sale, or imported by Toyota and/or that have otherwise been used as intended by Toyota
`
`("Accused Instrumentalities").
`
`2
`
`2
`
`

`

`Attached as Exhibit A, and incorporated herein in their entirety, are charts identifying
`
`where each element of the Asserted Claims is met various features or functionalities possessed
`
`by a representative Toyota Vehicle or implicated by the use of Toyota Vehicles (Accused
`
`Instrumentalities). In certain instances, the claim charts identify the features and functionality by
`
`a Feature or Option name that AVS has determined Toyota uses for the described features and
`
`functionalities. Other Features or Options with different names may be used within or by Toyota
`
`to describe the same or similar features and functionalities. Similarly, in certain instances, the
`
`claim charts identify certain models of Toyota Vehicles that A VS has determined possess the
`
`described features and functionalities. A VS has not, however, determined every model and
`
`model version that possesses the described features and functionalities, nor has A VS determined
`
`for each model and model version the model years in which the model and model versions
`
`possessed the described features and functionalities. The descriptions of the features and
`
`functionalities in the provided claim charts provide Toyota with sufficient information to identify
`
`the Features and Options implicated by AVS' contentions as well as the Models and Model
`
`Versions and their associated Model Years implicated by A VS' contentions.
`
`A VS contends that any other Accused Instrumentality functions and/or operates in
`
`substantially the same manner as shown in the representative chart, thereby infringing the
`
`Asserted Claims. Unless otherwise indicated, the information provided that corresponds to each
`
`claim element is considered to indicate that each claim element is found within each of the
`
`above-described models and/or versions of Toyota' Accused Instrumentalities.
`
`As described further in the provided claim chart, Exhibit A, A VS accuses various Toyota
`
`Vehicles and methods related to these Vehicles, including but not limited to various model years
`
`of Lexus' IS, IS F, IS C, ES, GS, LS, RX, GX, LX, CTh, RXh, GSh, and LSh products and
`
`3
`
`3
`
`

`

`Toyota's Venza, Land Cruiser, Avalon, Camry, Sienna, and Prius products, that include that
`
`include monitoring and/or control systems for monitoring and responding to objects exterior to
`
`the vehicle, including but not limited to Pre-Collision (or Crash), Advanced Pre-Collision (or
`
`Crash) i'ncluding its Active Pedestrian Detection System and/or Advanced Obstacle Detection
`
`capabilities, Blind Spot, Night View, and Auto-Dimming Headlight systems/functionalities, of
`
`infringing at least claims 10, 11, 16, 17, 19, 20, and 23 ofthe '000 Patent.
`
`HI.
`
`IDENTIFICATION OF TYPE OF INFRINGEMENT ASSERTED- P.R 3-1(d)
`
`A VS contends that the each element of each asserted claim is literally present for the
`
`Accused Instrumentalities. In the alternative, with respect to any claim limitation that may be
`
`found not to be literally met for the Accused Instrumentalities, however, A VS contends that
`
`these elements are present under the doctrine of equivalents.
`
`IV.
`
`PRIORITY DATES OF ASSERTED CLAIMS -P.R. 3-1(e)
`
`U.S. Patent Application No. 08/474,786 filed on June 7, 1995 resulted in the '000 Patent.
`
`The 08/474,786 application claims priority to U.S. Patent Application No. 08/247,760 filed on
`
`May 23, 1994. Claims 10, 11, 19, and 23 of the '000 Patent have an effective filing date of May
`
`23, 1994. Claims 16, 17, and 20 ofthe '000 Patent have an effective filing date of June 7, 1995.
`
`V.
`
`PLAINTIFF'S PRODUCTS- P.R. 3-1(f)
`
`A VS is not presently relying on any assertion that its own apparatus, product, device,
`
`process, method, act, or other instrumentality practices the claimed inventions.
`
`4
`
`4
`
`

`

`VI.
`
`DOCUMENT PRODUCTION ACCOMPANYING DISCLOSURE
`
`A.
`
`Documents Responsive to P.R. 3-2(a)
`
`AVS is presently unaware of any relevant, non-privileged documents responsive to P.R.
`
`3-2(a). AVS will supplement this response should any relevant, non-privileged documents be
`
`identified in the future.
`
`B.
`
`Documents Responsive to P.R. 3-2(b)
`
`AVS is presently unaware of any relevant, non-privileged documents responsive to P.R.
`
`3-2(b ). A VS will supplement this response should any relevant, non-privileged documents be
`
`identified in the future.
`
`C.
`
`Documents Responsive to P.R. 3-2(c)
`
`Pursuant to P.R. 3-2(c), copies of the file histories of the AVS patents for the Consolidate
`
`Cases have been produced previously in conjunction with case 6:12-cv-00407 under Bates
`
`Numbers A VSFHOOOOOOOl - AVSFH00058395.
`
`VII. CONCLUSION
`
`The information contained in these disclosures is based on A VS' analysis of the facts
`
`currently known to it based on A VS' review of publicly information reasonably available to it.
`
`Pertinent information about Defendants' Accused Instrumentalities is not available without
`
`engaging in further discovery. Thus, A VS reserves the right to supplement, modify, and/or
`
`amend these disclosures as new information becomes available and discovery progresses. A VS
`
`anticipates that additional facts and relevant documents will be uncovered that will warrant
`
`supplementing and/or amending these disclosures.
`
`5
`
`5
`
`

`

`DATED: February 1, 2013
`
`danaipakos@azalaw .com
`Amir Alavi
`Texas Bar No. 00793239
`aalavi@azalaw. com
`Steven J. Mitby
`Texas Bar No. 24037123
`smitby@azalaw.com
`Brian E. Simmons
`Texas Bar No. 24004922
`bsimmons@azalaw .com
`AHMAD, ZA VITSANOS, ANAIPAKOS, ALA VI &
`MENSING, P.C.
`1221 McKinney Street, Suite 3460
`Houston, TX 77010
`Telephone: 713-655-1101
`Facsimile: 713-655-0062
`
`T. John Ward, Jr.
`Texas Bar No. 00794818
`jw@wsfirm.com
`Wesley Hill
`Texas Bar No. 24032294
`wh@wsfirm.com
`WARD & SMITH LAW FIRM
`111 W. Tyler Street
`Longview, TX 75601
`Telephone: (903) 757-6400
`Facsimile: (903) 757-2323
`
`ATTORNEYS FOR PLAINTIFF
`
`6
`
`6
`
`

`

`CERTIFICATE OF SERVICE
`
`I hereby certify that a true and correct copy of the above and foregoing document
`has been served on all counsel of record as indicated belo~_pn the 1 s!;layg£-K~bruary, 2013.
`"~"·'"")
`\
`,J/.r-'
`/1..r-··~--~
`
`By U.S. Mail
`
`By U.S. Mail
`
`Tom Henson
`Ramey & Flock, P.C.
`100 East Ferguson, Suite 500
`Tyler, TX 75702
`Telephone: (903) 597-3301
`Facsimile: (903) 597-2413
`
`George E. Badenoch
`John Flock
`Thomas R. Makin
`A. Antony Pfeffer
`Kenyon & Kenyon LLP
`One Broadway
`New York, NY 10004-1007
`Telephone: (212) 425-7200
`Facsimile: (212) 425-5288
`
`7
`
`7
`
`

`

`1
`
`
`
`information learned in the course of discovery or further investigation.
`the elements of the asserted claims, AVS reserves the right to amend or further supplement these contentions with additional
`later shows that operation of the systems, features, and functionality as provided by Gentex and Denso differ, at least with respect to
`with respect to the systems, features, and functionality as provided by either or both of Gentex and Denso. To the extent discovery
`manner. Thus, while Gentex has recently been dismissed as a defendant in the Consolidated Cases, this chart may rely on information
`are, at least with respect to the elements of the asserted claims, parallel systems that operate identically or substantially in the same
`Vehicles can be sourced from different vendors, including Gentex and Denso. On information and belief, AVS understands that these
`and Automatic High Beam Dimming. Additionally, it is AVS understanding that this functionality as provided on various Toyota
`detection of approaching or approached vehicles is referred to by various other names, including Smart Beam, Automatic High Beam,
`1 AVS understands that the Auto-Dimming Headlight system, which dims or otherwise affects the headlights in response to the
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Collision (or Crash) System has a “couple of big extras,” including Driver Attention Monitor and Active Pedestrian Detection System,
`certain actions to mitigate the likelihood of collision. As also described in the source material of Endnote 1, the Advanced Pre-
`features and functionality relate to detecting additional vehicles in a vehicle’s path, determining the chance of collision, and taking
`have certain features and functionality in common. (See Endnote 1). As described in the source material of Endnote 1, the common
`On information and belief, AVS understands that the Pre-Collision (or Crash) System and Advanced Pre-Collision (or Crash) System
`
`supplement these contentions with additional information learned in the course of discovery or further investigation.
`elements of the asserted claims, for Lexus branded and Toyota branded vehicles, AVS reserves the right to amend or further
`branded vehicles. To the extent discovery later shows that operation of the Features/Options differs, at least with respect to the
`may rely on information obtained with respect to the use of the Features/Options in either or both of Lexus branded and Toyota
`identically or substantially in the same manner, at least with respect to the elements of the asserted claims. Accordingly, this chart
`Features/Options are available on Lexus branded, Toyota branded, and other branded products, the Features/Options operate
`Toyota Vehicles or as part of other options or packages. On information and belief, AVS further understands that to the extent these
`information and belief, AVS understands that these Features/Options is/has been offered either as a stand-alone feature/option on
`Obstacle Detection; Blind Spot detection; Night View; and Auto-Dimming Headlight1 systems/functionalities. On present
`Pre-Collision (or Crash) System, including related functionality referred to as Active Pedestrian Detection System and/or Advanced
`Depending on the claim, the Features/Options primarily relied upon in this chart are the Pre-Collision (or Crash) System; Advanced
`
`Infringement Chart for U.S. Patent No. 5,845,000
`
`Pursuant to P. R. 3-1(c)
`
`Exhibit A
`
`
`
`
`8
`
`

`

`2
`
`
`
`for satisfying a claim or claim element, these unique features are separately addressed.
`elements where they are relevant. When the unique features of the Advanced Pre-Collision (or Crash) system provide a separate basis
`Pre-Collision (or Crash) System and Advanced Pre-Collision (or Crash) System are addressed jointly for those claims and claim
`which in some materials is also referred to as Advanced Obstacle Detection. According, in the chart below, the common features of
`
`Infringement Chart for U.S. Patent No. 5,845,000
`
`
`
`
`
`
`
`
`9
`
`

`

`3
`
`speed of any obstacle in front of the vehicle as part of a system intended to prevent collisions.
`material depicts and describes the use of front millimeter wave radar to detect the position, distance, and
`means for transmitting electromagnetic waves to illuminate the at least one exterior object. The illustrated
`Based on information and belief, AVS contends that the Accused Instrumentalities comprise transmitter
`Common Features
`Pre-Collision (Or Crash) and Advanced Pre-Collision (OR Crash)
`systems/functionalities.
`Advanced Obstacle Detection capabilities, Blind Spot, Night View, and Auto-Dimming Headlight
`Crash), Advanced Pre-Collision (or Crash) including its Active Pedestrian Detection System and/or
`monitoring and responding to objects exterior to the vehicle, including but not limited to Pre-Collision (or
`Vehicles (“Accused Instrumentalities”) comprise one or more monitoring and/or control systems for
`Based on information and belief, AVS contends that various Toyota Vehicles and methods related to these
`
`
`
`
`
`
`
`
`
`exterior to the vehicle.
`monitoring system, as will be described in the following elements, for monitoring at least one object
`Each of the Accused Instrumentalities comprise a vehicle, which will have an interior and an exterior, and a
`
`claim and claims depending therefrom.
`capabilities, Blind Spot, Night View, and Auto-Dimming Headlight systems/functionalities, infringe this
`(or Crash) including its Active Pedestrian Detection System and/or Advanced Obstacle Detection
`objects exterior to the vehicle, including but not limited to Pre-Collision (or Crash), Advanced Pre-Collision
`Sienna, and Prius products, that include monitoring and/or control systems for monitoring and responding to
`RX, GX, LX, CTh, RXh, GSh, and LSh products and Toyota’s Venza, Land Cruiser, Avalon, Camry,
`to these Vehicles, including but not limited to various model years of Lexus’ IS, IS F, IS C, ES, GS, LS,
`Based on present information and belief, AVS contends that various Toyota Vehicles and methods related
`
`
`
`Accused Toyota Instrumentality
`
`Infringement Chart for U.S. Patent No. 5,845,000
`
`exterior object;
`at least one
`illuminate the
`c waves to
`electromagneti
`transmitting
`means for
`a) transmitter
`
`
`
`comprising:
`vehicle
`exterior to said
`least one object
`monitoring at
`system for
`monitoring
`an exterior, a
`an interior and
`vehicle having
`In a motor
`Element
`Claim
`
`
`
`
`
`10a
`
`pre
`10-
`m
`Clai
`
`
`
`
`
`
`10
`
`

`

`
`
`4
`
`
`
`
`
`Infringement Chart for U.S. Patent No. 5,845,000
`
`
`
`
`11
`
`

`

`augmented by stereo cameras and infrared technology that enhances nighttime object detection.
`Active Pedestrian Detection System (Advanced Obstacle Detection), the front millimeter wave radar is
`speed of any obstacle in front of the vehicle as part of a system intended to prevent collisions. For APCS’s
`material depicts and describes the use of front millimeter wave radar to detect the position, distance, and
`means for transmitting electromagnetic waves to illuminate the at least one exterior object. The illustrated
`Based on information and belief, AVS contends that the Accused Instrumentalities comprise transmitter
`Advanced Pre-Collision (OR Crash) - Unique Features
`additional or other components are involved in performing the claimed function.
`comprising structure and/or materials that perform the claimed function. Discovery may reveal that
`To the extent this element is governed by 35 U.S.C. §112, ¶6, AVS identifies the millimeter wave radar as
`
`
`
`
`
`5
`
`
`
`
`
`Infringement Chart for U.S. Patent No. 5,845,000
`
`
`
`
`12
`
`

`

`6
`
`
`
`
`
`
`
`Infringement Chart for U.S. Patent No. 5,845,000
`
`
`
`
`13
`
`

`

`7
`
`
`
`
`
`
`
`Infringement Chart for U.S. Patent No. 5,845,000
`
`
`
`
`14
`
`

`

`8
`
`
`
`To the extent this element is governed by 35 U.S.C. §112, ¶6, AVS identifies the millimeter wave radar and
`
`
`
`
`
`Infringement Chart for U.S. Patent No. 5,845,000
`
`
`
`
`15
`
`

`

`material depicts and describes radar devices mounted in the rear bumper of the vehicle.
`means for transmitting electromagnetic waves to illuminate the at least one exterior object. The illustrated
`Based on information and belief, AVS contends that the Accused Instrumentalities comprise transmitter
`Blind Spot
`function.
`function. Discovery may reveal that additional or other components are involved in performing the claimed
`the infrared projectors (technology) as comprising structure and/or materials that perform the claimed
`
`
`
`
`
`9
`
`
`
`
`
`Infringement Chart for U.S. Patent No. 5,845,000
`
`
`
`
`16
`
`

`

`10
`
`
`
`additional or other components are involved in performing the claimed function.
`comprising structure and/or materials that perform the claimed function. Discovery may reveal that
`To the extent this element is governed by 35 U.S.C. §112, ¶6, AVS identifies the radar devices as
`
`
`
`Infringement Chart for U.S. Patent No. 5,845,000
`
`
`
`
`
`
`
`
`17
`
`

`

`material depicts and describes near-infrared light projectors.
`means for transmitting electromagnetic waves to illuminate the at least one exterior object. The illustrated
`Based on information and belief, AVS contends that the Accused Instrumentalities comprise transmitter
`Night View
`
`
`
`
`
`11
`
`
`
`
`
`Infringement Chart for U.S. Patent No. 5,845,000
`
`
`
`
`18
`
`

`

`12
`
`
`
`
`
`
`
`Infringement Chart for U.S. Patent No. 5,845,000
`
`
`
`
`19
`
`

`

`13
`
`
`
`
`
`
`
`Infringement Chart for U.S. Patent No. 5,845,000
`
`
`
`
`20
`
`

`

`14
`
`
`
`As such, the system projects infrared waves in front of the vehicle and has an infrared camera to detect the
`For the Denso system, the Automatic High Beam system is a part of Night View System (described above).
`
`means for transmitting electromagnetic waves to illuminate the at least one exterior object.
`Based on information and belief, AVS contends that the Accused Instrumentalities comprise transmitter
`Auto Dimming Headlight
`
`
`
`
`
`additional or other components are involved in performing the claimed function.
`comprising structure and/or materials that perform the claimed function. Discovery may reveal that
`To the extent this element is governed by 35 U.S.C. §112, ¶6, AVS identifies the infrared light projectors as
`
`
`
`
`
`
`
`
`
`Infringement Chart for U.S. Patent No. 5,845,000
`
`
`
`
`21
`
`

`

`15
`
`
`
`
`
`reflected waves.
`
`
`
`Infringement Chart for U.S. Patent No. 5,845,000
`
`
`
`
`22
`
`

`

`16
`
`Vehicles (“Accused Instrumentalities”) comprise one or more monitoring and/or control systems for
`Based on information and belief, AVS contends that various Toyota Vehicles and methods related to these
`
`additional or other components are involved in performing the claimed function.
`comprising structure and/or materials that perform the claimed function. Discovery may reveal that
`To the extent this element is governed by 35 U.S.C. §112, ¶6, AVS identifies the infrared light projectors as
`
`
`
`Infringement Chart for U.S. Patent No. 5,845,000
`
`
`
`
`
`
`
`
`
`means for
`b) reception
`
`10b
`
`
`
`
`23
`
`

`

`collisions.
`position, distance, and speed of any obstacle in front of the vehicle as part of a system intended to prevent
`illustrated material depicts and describes the use of front millimeter wave radar and a camera to detect the
`means for receiving reflected electromagnetic illumination from the at least one exterior object. The
`Based on information and belief, AVS contends that the Accused Instrumentalities comprise reception
`Common Features
`Pre-Collision (Or Crash) and Advanced Pre-Collision (OR Crash)
`systems/functionalities.
`Advanced Obstacle Detection capabilities, Blind Spot, Night View, and Auto-Dimming Headlight
`Crash), Advanced Pre-Collision (or Crash) including its Active Pedestrian Detection System and/or
`monitoring and responding to objects exterior to the vehicle, including but not limited to Pre-Collision (or
`
`
`
`
`
`17
`
`
`
`
`
`exterior object;
`least one
`from the at
`c illumination
`electromagneti
`reflected
`receiving
`
`
`
`Infringement Chart for U.S. Patent No. 5,845,000
`
`
`
`
`24
`
`

`

`
`
`18
`
`
`
`
`
`Infringement Chart for U.S. Patent No. 5,845,000
`
`
`
`
`25
`
`

`

`radar is augmented by stereo cameras and infrared technology that enhances nighttime object detection.
`For APCS’s Active Pedestrian Detection System (Advanced Obstacle Detection), the front millimeter wave
`distance, and speed of any obstacle in front of the vehicle as part of a system intended to prevent collisions.
`illustrated material depicts and describes the use of front millimeter wave radar to detect the position,
`means for receiving reflected electromagnetic illumination from the at least one exterior object. The
`Based on information and belief, AVS contends that the Accused Instrumentalities comprise reception
`Advanced Pre-Collision (OR Crash) - Unique Features
`reveal that additional or other components are involved in performing the claimed function.
`and/or camera as comprising structure and/or materials that perform the claimed function. Discovery may
`To the extent this element is governed by 35 U.S.C. §112, ¶6, AVS identifies the millimeter wave radar
`
`
`
`
`
`19
`
`
`
`
`
`Infringement Chart for U.S. Patent No. 5,845,000
`
`
`
`
`26
`
`

`

`20
`
`
`
`
`
`
`
`Infringement Chart for U.S. Patent No. 5,845,000
`
`
`
`
`27
`
`

`

`21
`
`
`
`
`
`
`
`Infringement Chart for U.S. Patent No. 5,845,000
`
`
`
`
`28
`
`

`

`22
`
`
`
`To the extent this element is governed by 35 U.S.C. §112, ¶6, AVS identifies the front millimeter wave
`
`
`
`
`
`Infringement Chart for U.S. Patent No. 5,845,000
`
`
`
`
`29
`
`

`

`illustrated material depicts and describes radar devices mounted in the rear bumper of the vehicle.
`means for receiving reflected electromagnetic illumination from the at least one exterior object. The
`Based on information and belief, AVS contends that the Accused Instrumentalities comprise reception
`Blind Spot
`Discovery may reveal that additional or other components are involved in performing the claimed function.
`radar and/or stereo cameras as comprising structure and/or materials that perform the claimed function.
`
`
`
`
`
`23
`
`
`
`
`
`Infringement Chart for U.S. Patent No. 5,845,000
`
`
`
`
`30
`
`

`

`24
`
`
`
`additional or other components are involved in performing the claimed function.
`comprising structure and/or materials that perform the claimed function. Discovery may reveal that
`To the extent this element is governed by 35 U.S.C. §112, ¶6, AVS identifies the radar devices as
`
`
`
`Infringement Chart for U.S. Patent No. 5,845,000
`
`
`
`
`
`
`
`
`31
`
`

`

`illustrated material depicts and describes a camera.
`means for receiving reflected electromagnetic illumination from the at least one exterior object. The
`Based on information and belief, AVS contends that the Accused Instrumentalities comprise reception
`Night View
`
`
`
`
`
`25
`
`
`
`
`
`Infringement Chart for U.S. Patent No. 5,845,000
`
`
`
`
`32
`
`

`

`26
`
`
`
`
`
`
`
`Infringement Chart for U.S. Patent No. 5,845,000
`
`
`
`
`33
`
`

`

`27
`
`
`
`
`
`
`
`Infringement Chart for U.S. Patent No. 5,845,000
`
`
`
`
`34
`
`

`

`28
`
`
`
`reflected waves.
`As such, the system projects infrared waves in front of the vehicle and has an infrared camera to detect the
`For the Denso system, the Automatic High Beam system is a part of Night View System (described above).
`
`means for receiving reflected electromagnetic illumination from the at least one exterior object.
`Based on information and belief, AVS contends that the Accused Instrumentalities comprise reception
`
`Auto Dimming Headlight
`components are involved in performing the claimed function.
`structure and/or materials that perform the claimed function. Discovery may reveal that additional or other
`To the extent this element is governed by 35 U.S.C. §112, ¶6, AVS identifies a camera as comprising
`
`
`
`
`
`
`
`
`
`
`
`
`
`Infringement Chart for U.S. Patent No. 5,845,000
`
`
`
`
`35
`
`

`

`29
`
`
`
`
`
`Infringement Chart for U.S. Patent No. 5,845,000
`
`
`
`
`
`
`
`
`36
`
`

`

`30
`
`components are involved in performing the claimed function.
`structure and/or materials that perform the claimed function. Discovery may reveal that additional or other
`To the extent this element is governed by 35 U.S.C. §112, ¶6, AVS identifies a camera as comprising
`
`monitoring and responding to objects exterior to the vehicle, including but not limited to Pre-Collision (or
`Vehicles (“Accused Instrumentalities”) comprise one or more monitoring and/or control systems for
`Based on information and belief, AVS contends that various Toyota Vehicles and methods related to these
`
`
`
`
`
`Infringement Chart for U.S. Patent No. 5,845,000
`
`
`
`
`
`to said
`means coupled
`c) processor
`
`10c
`
`
`
`
`37
`
`

`

`computer.
`computer, must convert the received electromagnetic illumination into a form that can be used by the
`path, and other characteristics of the object. A processor, possibly part of the collision determining
`collision-determining computer that determines the possibility of a collision based on the position, speed,
`signal that can be used by the vehicles electrical systems. The illustrated material depicts and describes a
`processor that will convert the reflected electromagnetic illumination received by the reception means into a
`signal characteristic of said exterior object based thereon. It is inherent that the system will have a
`means coupled to said reception means for processing said received illumination and creating an electronic
`Based on information and belief, AVS contends that the Accused Instrumentalities comprise processor
`Common Features
`Pre-Collision (Or Crash) and Advanced Pre-Collision (OR Crash)
`systems/functionalities.
`Advanced Obstacle Detection capabilities, Blind Spot, Night View, and Auto-Dimming Headlight
`Crash), Advanced Pre-Collision (or Crash) including its Active Pedestrian Detection System and/or
`
`
`
`
`
`31
`
`
`
`
`
`thereon;
`object based
`of said exterior
`characteristic
`signal
`electronic
`and creating an
`illumination
`received
`processing said
`means for
`reception
`
`
`
`Infringement Chart for U.S. Patent No. 5,845,000
`
`
`
`
`38
`
`

`

`
`
`32
`
`
`
`
`
`Infringement Chart for U.S. Patent No. 5,845,000
`
`
`
`
`39
`
`

`

`by the APCS system.
`materials, a processor must convert the received electromagnetic illumination into a form that can be used
`front of a vehicle and determine their distance from the vehicle, as depicted and described in the illustrated
`signal that can be used by the vehicles electrical systems. In order to detect the presence of a pedestrian in
`processor that will convert the reflected electromagnetic illumination received by the reception means into a
`signal characteristic of said exterior object based thereon. It is inherent that the system will have a
`means coupled to said reception means for processing said received illumination and creating an electronic
`Based on information and belief, AVS contends that the Accused Instrumentalities comprise processor
`Advanced Pre-Collision (OR Crash) - Unique Features
`claimed function.
`by the computer. Discovery may reveal that additional or other components are involved in performing the
`determining computer, must convert the received electromagnetic illumination into a form that can be used
`position, speed, path, and other characteristics of the object. A processor, possibly part of the collision
`describes a collision-determining computer that determines the possibility of a collision based on the
`means into a signal that can be used by the vehicles electrical systems. The illustrated material depicts and
`will have a processor that will convert the reflected electromagnetic illumination received by the reception
`To the extent this element is governed by 35 U.S.C. §112, ¶6, AVS states that it is inherent that the system
`
`
`
`
`
`33
`
`
`
`
`
`Infringement Chart for U.S. Patent No. 5,845,000
`
`
`
`
`40
`
`

`

`34
`
`
`
`
`
`
`
`Infringement Chart for U.S. Patent No. 5,845,000
`
`
`
`
`41
`
`

`

`35
`
`
`
`
`
`
`
`Infringement Chart for U.S. Patent No. 5,845,000
`
`
`
`
`42
`
`

`

`36
`
`
`
`
`
`
`
`Infringement Chart for U.S. Patent No. 5,845,000
`
`
`
`
`43
`
`

`

`37
`
`
`
`can be used by the APCS system.
`the illustrated materials, a processor must convert the received electromagnetic illumination into a form that
`pedestrian in front of a vehicle and determine their distance from the vehicle, as depicted and described in
`means into a signal that can be used by the vehicles electrical systems. In order to detect the presence of a
`will have a processor that will convert the reflected electromagnetic illumination received by the reception
`To the extent this element is governed by 35 U.S.C. §112, ¶6, AVS states that it is inherent that the system
`
`
`
`Infringement Chart for U.S. Patent No. 5,845,000
`
`
`
`
`
`
`
`
`44
`
`

`

`38
`
`
`
`illumination into a form that can be used by the system.
`depicted and described in the illustrated materials, a processor must convert the received electromagnetic
`systems. In order to detect the presence of a vehicle in a blind spot as opposed to an empty road, as
`processor that will convert the reflected radar waves into a signal that can be used by the vehicles electrical
`signal characteristic of said exterior object based thereon. It is inherent that the system will have a
`means coupled to said reception means for processing said received illumination and creating an electronic
`Based on information and belief, AVS contends that the Accused Instrumentalities comprise processor
`Blind Spot
`
`
`
`
`
`Infringement Chart for U.S. Patent No. 5,845,000
`
`
`
`
`45
`
`

`

`39
`
`
`
`empty road, as depicted and described in the illustrated materials, a processor must convert the received
`vehicle’s electrical systems. In order to detect the presence of a vehicle in a blind spot as opposed to an
`will have a processor that will convert the reflected radar waves into a signal that can be used by the
`To the extent this element is governed by 35 U.S.C. §112, ¶6, AVS states that it is inherent that the system
`
`
`
`
`
`Infringement Chart for U.S. Patent No. 5,845,000
`
`
`
`
`46
`
`

`

`40
`
`
`
`received electromagnetic illumination into a form that can be used by the system.
`trees and other objects within the image. In order to perform this function, a processor must convert the
`electrical systems. The illustrated materials describe and depict the system discriminating pedestrians from
`processor that will convert the images received by the camera into a signal that can be used by the vehicles
`signal characteristic of said exterior object based thereon. It is inherent that the system will have a
`means coupled to said reception means for processing said received illumination and creating an electronic
`Based on information and belief, AVS contends that the Accused Instrumentalities comprise processor
`Night View
`
`
`
`
`
`electromagnetic illumination into a form that can be used by the system.
`
`Infringement Chart for U.S. Patent No. 5,845,000
`
`
`
`
`
`
`47
`
`

`

`41
`
`
`
`
`
`
`
`Infringement Chart for U.S. Patent No. 5,845,000
`
`
`
`
`48
`
`

`

`42
`