Case: 1:13-cv-06713 Document #: 25 Filed: 02/03/14 Page 1 of 7 PagelD #:155
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF ILLINOIS
`EASTERN DIVISION
`
`LeROY G. HAGENBUCH,
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`Plaintiff,
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`Civil Action No. 1:13-cv-6713
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`v.
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`Judge Andrea R. Wood
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`TOYOTA MOTOR SALES, U.S.A. INC.,
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`JURY TRIAL DEMANDED
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`Defendant.
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`DEFENDANT TOYOTA MOTOR SALES, U.S.A., INC.'S ANSWER TO COMPLAINT
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`Toyota Motor Sales, U.S.A., Inc. ("TMS"), by and through its attorneys, hereby sets forth
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`its Answer to the Complaint filed by Plaintiff LeRoy G. Hagenbuch as follows:
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`PARTIES
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`1.
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`TMS is without information or knowledge sufficient to admit or deny the
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`allegations contained in paragraph 1 and therefore denies the same.
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`2.
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`TMS is without information or knowledge sufficient to admit or deny the
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`allegations contained in paragraph 2 and therefore denies the same.
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`3.
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`4.
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`5.
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`6.
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`7.
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`8.
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`9.
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`TMS admits the allegations contained in paragraph 3
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`TMS admits the allegations contained in paragraph 4.
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`TMS admits the allegations contained in paragraph 5.
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`TMS admits the allegations contained in paragraph 6.
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`JURISDICTION AND VENUE
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`TMS admits the allegations contained in paragraph 7.
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`TMS does not contest subject matter jurisdiction.
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`TMS does not contest personal jurisdiction.
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`OWNER Ex. 2042, page 1
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`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF ILLINOIS
`EASTERN DIVISION
`
`LeROY G. HAGENBUCH,
`
`Plaintiff,
`
`Civil Action No. 1:13-cv-6713
`
`v.
`
`Judge Andrea R. Wood
`
`TOYOTA MOTOR SALES, U.S.A. INC.,
`
`JURY TRIAL DEMANDED
`
`Defendant.
`
`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:
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`PARTIES
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`1.
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`TMS is without information or knowledge sufficient to admit or deny the
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`allegations contained in paragraph 1 and therefore denies the same.
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`2.
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`TMS is without information or knowledge sufficient to admit or deny the
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`allegations contained in paragraph 2 and therefore denies the same.
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`3.
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`4.
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`5.
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`6.
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`7.
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`8.
`
`9.
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`TMS admits the allegations contained in paragraph 3
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`TMS admits the allegations contained in paragraph 4.
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`TMS admits the allegations contained in paragraph 5.
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`TMS admits the allegations contained in paragraph 6.
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`JURISDICTION AND VENUE
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`TMS admits the allegations contained in paragraph 7.
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`TMS does not contest subject matter jurisdiction.
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`TMS does not contest personal jurisdiction.
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`OWNER Ex. 2042, page 1
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`
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`Case: 1:13-cv-06713 Document #: 25 Filed: 02/03/14 Page 2 of 7 PagelD #:156
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`10. TMS does not contest personal jurisdiction.
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`1 1. TMS does not contest personal jurisdiction, but denies the remaining allegations
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`of paragraph 11.
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`12. TMS does not contest that venue is proper in this judicial district, but denies the
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`remaining allegations of paragraph 12.
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`COUNTI
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`INFRINGEMENT OF U.S. PATENT NO. 8,014,917 B2
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`13. No response is required.
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`14. TMS admits that U.S. Patent No. 8,014,917 B2 ("the `917 patent") was issued on
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`September 6, 2011 in the name of Leroy G. Hagenbuch and that the patent is entitled "Apparatus
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`for Tracking and Recording Vital Signs and Task-Related Information of a Vehicle to Identify
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`Operating Patterns." TMS is without information or knowledge sufficient to admit or deny the
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`remaining allegations contained in paragraph 14 and therefore denies the same.
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`15. TMS denies the allegations contained in paragraph 15.
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`16. TMS denies the allegations contained in paragraph 16.
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`17. TMS admits that a version of the 2012 Toyota Camry HV manual includes the
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`referenced quotations contained in paragraph 17, but denies the remaining allegations of
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`paragraph 17.
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`18. TMS admits that a version of the 2012 Toyota Camry HV manual includes the
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`referenced quotations contained in paragraph 18, but denies the remaining allegations of
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`paragraph 18.
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`19. TMS admits that a version of 49 C.F.R. § 563.1 includes the quotation contained
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`in paragraph 19.
`
`2
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`OWNER Ex. 2042, page 2
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`
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`Case: 1:13-cv-06713 Document #: 25 Filed: 02/03/14 Page 3 of 7 PagelD #:157
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`20. TMS admits that a version of 49 C.F.R. § 563.3 includes the quotation contained
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`in paragraph 20.
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`21. TMS admits that a version of 49 C.F.R. § 563.7(a) requires vehicles subject to
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`these regulations to record prior "to time zero", "speed, vehicle indicated", "engine throttle,
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`full (or accelerator pedal, %full)", "service brake, on/off', and "safety belt status, driver", but
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`denies the remaining allegations contained in paragraph 21.
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`22. TMS admits that a version of both 49 C.F.R. § 563.7(a) and § 563.5 require the
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`recordation after "time zero" of the information contained in paragraph 22.
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`23. TMS admits that a version of 49 C.F.R. § 563.5(b) includes the quotations in
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`paragraph 23.
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`24. TMS admits that Toyota, Lexus and Scion vehicles distributed by, or on behalf of,
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`TMS in the United States comply with applicable Federal Motor Vehicle Safety Standards
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`("FMVSS"), including the currently proposed version of FMVSS 405, and with Part 563 as
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`applied to event data recorders, but denies the remaining allegations of paragraph 24.
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`25. TMS denies the allegations contained in paragraph 25.
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`26. TMS denies the allegations contained in paragraph 26.
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`27. TMS denies the allegations contained in paragraph 27.
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`28. TMS denies the allegations contained in paragraph 28.
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`29. TMS admits that it received a demand letter and claim chart from one of
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`Plaintiff's attorneys dated August 17, 2010 and that TMS responded to such letter by email on
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`September 13, 2013, informing such attorney that the matter had been forwarded to TMS's
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`parent company, Toyota Motor Corporation. TMS denies the remaining allegations of paragraph
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`►.'
`
`3
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`OWNER Ex. 2042, page 3
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`
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`Case: 1:13-cv-06713 Document #: 25 Filed: 02/03/14 Page 4 of 7 PagelD #:158
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`30. TMS denies the allegations contained in paragraph 30.
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`31. TMS denies the allegations contained in paragraph 31.
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`32. TMS denies the allegations contained in paragraph 32.
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`33. TMS admits the allegations contained in paragraph 33.
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`34. TMS denies the allegations contained in paragraph 34.
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`COUNT II
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`INFRINGEMENT OF U.S. PATENT NO. 8,532,867 B1
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`35. No response is required.
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`36. TMS admits that U.S. Patent No. 8,532,867 ("the `867 patent") was issued on
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`September 10, 2013 in the name of Leroy G. Hagenbuch and that the patent is entitled
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`"Apparatus for Tracking and Recording Vital Signs and Task-Related Information of a Vehicle
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`to Identify Operating Patterns." TMS is without information or knowledge sufficient to admit or
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`deny the remaining allegations contained in paragraph 36 and therefore denies the same.
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`37. TMS denies the allegations contained in paragraph 37.
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`38. TMS denies the allegations contained in paragraph 38.
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`39. TMS denies the allegations contained in paragraph 39.
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`40. TMS denies the allegations contained in paragraph 40.
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`41. TMS denies the allegations contained in paragraph 41.
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`42. TMS denies the allegations contained in paragraph 42.
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`43. TMS denies the allegations contained in paragraph 43.
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`44. TMS denies the allegations contained in paragraph 44.
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`DEFENSES
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`1.
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`TMS hereby asserts the following defenses to the Complaint:
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`4
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`OWNER Ex. 2042, page 4
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`
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`Case: 1:13-cv-06713 Document #: 25 Filed: 02/03/14 Page 5 of 7 PagelD #:159
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`First Defense — Failure to State a Claim
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`2.
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`The Complaint fails to state a claim upon which any relief may be granted against
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`TMS.
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`Second Defense — Invalidity
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`3.
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`The claims of the `917 and `867 patents (collectively, "the Patents-in-Suit") are
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`invalid for failing to comply with one or snore of the conditions for patentability under 35 U.S.C.
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`§§ 102, 103, and/or 112.
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`Third Defense — Noninfringement
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`4.
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`TMS does not infringe, has not infringed and is not liable for infringement of any
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`valid and enforceable claim of the Patents-in-Suit.
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`Fourth Defense — Laches
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`5.
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`Plaintiff's claims for relief are barred, in whole or in part, by the doctrine of
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`laches.
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`Fifth Defense — Estoppel
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`6.
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`Plaintiff's claims for relief are barred, in whole or in part, by the doctrine of
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`estoppel, including but not limited to equitable estoppel and prosecution history estoppel.
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`Plaintiff is estopped from asserting or obtaining any construction of the claims of the Patents-in-
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`Suit that would result in any of the claims covering any product of TMS.
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`Additional Defenses
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`7.
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`TMS reserves the right to assert, and hereby gives notice that it intends to rely
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`upon, any other defense that may become available or appear during discovery proceedings or
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`otherwise in this case and hereby reserves the right to amend its Answer to assert any such
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`defense.
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`OWNER Ex. 2042, page 5
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`
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`Case: 1:13-cv-06713 Document #: 25 Filed: 02/03/14 Page 6 of 7 PagelD #:160
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`DEMAND FOR JURY TRIAL
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`Pursuant to Rule 38 of the Federal Rules of Civil Procedure, TMS demands a trial by jury
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`on all issues triable of right by a jury.
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`RESPECTFULLY SUBMITTED,
`
`/s/ Paul Steadman
`Paul Steadman (I11. 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
`~aul.steadman a,dlapiper.com
`matthew.satchwell(a~dlapiper.com
`steven.revnoldsndlapiper.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
`
`Attorneys for Defendant Toyota Motor
`Sales, U.S.A., Inc.
`
`Dated: February 3, 2014
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`OWNER Ex. 2042, page 6
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`
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`Case: 1:13-cv-06713 Document #: 25 Filed: 02/03/14 Page 7 of 7 PagelD #:161
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`CERTIFICATE OF SERVICE
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`I certify that a copy of the foregoing document was served via CM/ECF on February 3,
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`2014 upon all counsel of record.
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`/s/ Paul Steadman
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`EASZ169280244
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`7
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`OWNER Ex. 2042, page 7
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`
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