throbber
Case: 1:13—cv—O6713 Document #2 25 Filed: 02/03/14 Page 1 of 7 PagelD #2155
`
`IN THE UNITED STATES DISTRICT COURT
`
`FOR THE NORTHERN DISTRICT OF ILLINOIS
`EASTERN DIVISION
`
`LeROY G. HAGENBUCH,
`
`)
`
`Plaintiff,
`
`v.
`TOYOTA MOTOR SALES, U.S.A. INC.,
`Defendant.
`
`3 Civil Action No. 1:13-cv—6713
`3
`Judge Andrea R. Wood
`;
`JURY TRIAL DEMANDED
`;
`
`DEFENDANT TOYOTA MOTOR SALES, U.S.A., INC.’S ANSWER TO COMPLAINT
`
`Toyota Motor Sales, U.S.A., Inc. (“TMS”), by and through its attorneys, hereby sets forth
`
`its Answer to the Complaint filed by Plaintiff LeRoy G. Hagenbuch as follows:
`
`PARTIES
`
`1.
`
`TMS is without information or knowledge sufficient to admit or deny the
`
`allegations contained in paragraph 1 and therefore denies the same.
`
`2.
`
`TMS is without information or knowledge sufficient to admit or deny the
`
`allegations contained in paragraph 2 and therefore denies the same.
`
`3.
`
`4.
`
`5.
`
`6.
`
`7.
`
`8.
`
`9.
`
`TMS admits the allegations contained in paragraph 3.
`
`TMS admits the allegations contained in paragraph 4.
`
`TMS admits the allegations contained in paragraph 5.
`
`TMS admits the allegations contained in paragraph 6.
`
`JURISDICTION AND VENUE
`
`TMS admits the allegations contained in paragraph 7.
`
`TMS does not contest subject matter jurisdiction.
`
`TMS does not contest personal jurisdiction.
`
`OWNER Ex. 2042, page 1
`
`

`
`Case: 1:13—cv—O6713 Document #2 25 Filed: 02/03/14 Page 2 of 7 PagelD #2156
`
`
`
`10.
`
`11.
`
`TMS does not contest personal jurisdiction.
`
`TMS does not contest personal jurisdiction, but denies the remaining allegations
`
`of paragraph 1 1.
`
`12.
`
`TMS does not contest that venue is proper in this judicial district, but denies the
`
`remaining allegations of paragraph 12.
`
`COUNT I
`
`INFRINGEMENT OF U.S. PATENT NO. 8,014,917 B2
`
`No response is required.
`
`TMS admits that U.S. Patent No. 8,014,917 B2 (“the ‘917 patent”) was issued on
`
`13.
`
`14.
`
`September 6, 2011 in the name of Leroy G. Hagenbuch and that the patent is entitled “Apparatus
`
`for Tracking and Recording Vital Signs and Task—Re1ated Information of a Vehicle to Identify
`
`Operating Patterns.” TMS is without information or knowledge sufficient to admit or deny the
`
`remaining allegations contained in paragraph 14 and therefore denies the same.
`
`15.
`
`16.
`
`17.
`
`TMS denies the allegations contained in paragraph 15.
`
`TMS denies the allegations contained in paragraph 16.
`
`TMS admits that a version of the 2012 Toyota Camry HV manual includes the
`
`referenced quotations contained in paragraph 17, but denies the remaining allegations of
`
`paragraph 17.
`
`18.
`
`TMS admits that a version of the 2012 Toyota Camry HV manual includes the
`
`referenced quotations contained in paragraph 18, but denies the remaining allegations of
`
`paragraph 18.
`
`19.
`
`TMS admits that a version of 49 C.F.R. § 563.1 includes the quotation contained
`
`in paragraph 19.
`
`OWNER Ex. 2042, page 2
`
`

`
`Case: 1:13—cv—06713 Document #2 25 Filed: 02/03/14 Page 3’ of 7 PageID #2157
`
`
`
`20.
`
`TMS admits that a version of 49 C.F.R. § 563.3 includes the quotation contained
`
`in paragraph 20.
`
`21.
`
`TMS admits that a version of 49 C.F.R. § 563.7(a) requires vehicles subject to
`
`these regulations to record prior “to time zero”, “speed, vehicle indicated”, “engine throttle, %
`
`full (or accelerator pedal, % full)”, “service brake, on/off”, and “safety belt status, driver”, but
`
`denies the remaining allegations contained in paragraph 21.
`
`22.
`
`TMS admits that a version of both 49 C.F.R. § 563.7(a) and § 563.5 require the
`
`recordation after “time zero” of the information contained in paragraph 22.
`
`23.
`
`TMS admits that a version of 49 C.F.R. § 563.5(b) includes the quotations in
`
`paragraph 23.
`
`24.
`
`TMS admits that Toyota, Lexus and Scion vehicles distributed by, or on behalf of,
`
`TMS in the United States comply with applicable Federal Motor Vehicle Safety Standards
`
`(“FMVSS”), including the currently proposed version of FMVSS 405, and with Part 563 as
`
`applied to event data recorders, but denies the remaining allegations of paragraph 24.
`
`25.
`
`TMS denies the allegations contained in paragraph 25.
`
`26.
`
`TMS denies the allegations contained in paragraph 26.
`
`27.
`
`TMS denies the allegations contained in paragraph 27.
`
`28.
`
`TMS denies the allegations contained in paragraph 28.
`
`29.
`
`TMS admits that it received a demand letter and claim chart from one of
`
`Plaintiff’s attorneys dated August 17, 2010 and that TMS responded to such letter by email on
`
`September 13, 2013, informing such attorney that the matter had been forwarded to TMS’s
`
`parent company, Toyota Motor Corporation. TMS denies the remaining allegations of paragraph
`
`29.
`
`OWNER EX. 2042, page 3
`
`

`
`Case: 1:13—cv—06713 Document #: 25 Filed: 02/03/14 Page 4 of 7 PageID #:158
`
`30.
`
`TMS denies the allegations contained in paragraph 30.
`
`31.
`
`TMS denies the allegations contained in paragraph 31.
`
`32.
`
`TMS denies the allegations contained in paragraph 32.
`
`33.
`
`TMS admits the allegations contained in paragraph 33.
`
`34.
`
`TMS denies the allegations contained in paragraph 34.
`
`COUNT II
`
`INFRINGEMENT OF U.S. PATENT N0. 8,532,867 B1
`
`35.
`
`No response is required.
`
`36.
`
`TMS admits that U.S. Patent No. 8,532,867 (“the ‘867 patent”) was issued on
`
`September 10, 2013 in the name of Leroy G. Hagenbuch and that the patent is entitled
`
`“Apparatus for Tracking and Recording Vital Signs and Task-Related Information of a Vehicle
`
`to Identify Operating Patterns.” TMS is without information or knowledge sufficient to admit or
`
`deny the remaining allegations contained in paragraph 36 and therefore denies the same.
`
`37.
`
`T.\/IS denies the allegations contained in paragraph 37.
`
`38.
`
`TMS denies the allegations contained in paragraph 38.
`
`39.
`
`TMS denies the allegations contained in paragraph 39.
`
`40.
`
`TMS denies the allegations contained in paragraph 40.
`
`41.
`
`T.\/[S denies the allegations contained in paragraph 41.
`
`42.
`
`T.\/IS denies the allegations contained in paragraph 42.
`
`43.
`
`T.\/IS denies the allegations contained in paragraph 43.
`
`44.
`
`T.\/IS denies the allegations contained in paragraph 44.
`
`DEFENSES
`
`1.
`
`TMS hereby asserts the following defenses to the Complaint:
`
`OWNER EX. 2042, page 4
`
`

`
`Case: 1:13-cv—06713 Document #1 25 Filed: 02/03/14 Page 5 of 7 Page|D #2159
`
`First Defense - Failure to State a Claim
`
`2.
`
`The Complaint fails to state a claim upon which any relief may be granted against
`
`TMS.
`
`Second Defense —— Invalidity
`
`3.
`
`The claims of the ‘9l7 and ‘867 patents (collectively, “the Patents-in-Suit”) are
`
`invalid for failing to comply with one or more of the conditions for patentability under 35 U.S.C.
`
`§§ 102, 103, and/or ll2.
`
`Third Defense — Noninfringement
`
`4.
`
`TMS does not infringe, has not infringed and is not liable for infringement of any
`
`valid and enforceable claim of the Patents—in-Suit.
`
`Fourth Defense — Laches
`
`5.
`
`Plaintiff” s claims for relief are barred, in whole or in part, by the doctrine of
`
`laches.
`
`Fifth Defense —- Estoppel
`
`6.
`
`Plaintiff” s claims for relief are barred, in whole or in part, by the doctrine of
`
`estoppel, including but not limited to equitable estoppel and prosecution history estoppel.
`
`Plaintiff is estopped from asserting or obtaining any construction of the claims of the Patents—in-
`
`Suit that would result in any of the claims covering any product of TMS.
`
`Additional Defenses
`
`7.
`
`TMS reserves the right to assert, and hereby gives notice that it intends to rely
`
`upon, any other defense that may become available or appear during discovery proceedings or
`
`otherwise in this case and hereby reserves the right to amend its Answer to assert any such
`
`defense.
`
`OWNER Ex. 2042, page 5
`
`

`
`Case: 1:13—cv—O6713 Document #: 25 Filed: 02/03/14 Page 6 of 7 PageID #1160
`
`DEMAND FOR JURY TRIAL
`
`Pursuant to Rule 38 of the Federal Rules of Civil Procedure, TMS demands a trial byjury
`
`on all issues triable of right by ajury.
`
`RESPECTFULLY SUBMITTED,
`
`/s/ Paul Steadman
`
`Paul Steadman (Ill. Bar No. 6238160)
`Matthew Satchwell (Ill. Bar No. 6290672)
`Steven J. Reynolds (Ill. Bar No. 6293634)
`DLA PIPER LLP (US)
`203 North LaSalle Street
`
`Chicago, Illinois 60601-1293
`(312) 368-4000
`paul.steadman@dlapiper.com
`matthew.satchwel l@,d lapipeimcom
`steven.reynolds@dlapip_er.com
`
`Eric W. Schweibenz (admitted pro hac vice)
`Robert C. Mattson (admitted pro hac vice)
`John S. Kern (admitted pro hac vice)
`Thomas C. Yebernetsky (admitted pro hac vice)
`Katherine D. Cappaert (admitted pro hac vice)
`OBLON, SPIVAK, MCCLELLAND,
`MAIER & NEUSTADT, L.L.P.
`1940 Duke Street
`
`Alexandria, VA 22314
`
`(703) 413-3000
`
`Attorneysfor Defendant Toyota Motor
`Sales, U.S.A., Inc.
`
`OWNER Ex. 2042, page 6
`
`Dated: February 3, 2014
`
`

`
`Case: 1:13~cv—O6713 Document #2 25 Filed: 02/03/14 Page 7 of 7 PagelD #2161
`
`CERTIFICATE OF SERVICE
`
`I certify that a copy of the foregoing document was served via CM/ECF on February 3,
`
`2014 upon all counsel of record.
`
`/s/ Paul Steadman
`
`EAS T\69280244
`
`OWNER Ex. 2042, page 7

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