throbber
Case 1:12-cv-01753-GMS Document 1 Filed 12/21/12 Page 1 of 6 PageID #: 1
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`
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`CRUISE CONTROL TECHNOLOGIES LLC,
`
`
`Plaintiff,
`
`
`v.
`
`
`AUDI OF AMERICA, LLC,
`
`
`Defendant.
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`
`
`
`
`C.A. No. ______________
`
`TRIAL BY JURY DEMANDED
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`
`)
`)
`)
`)
`)
`)
`)
`)
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`COMPLAINT FOR PATENT INFRINGEMENT
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`This is an action for patent infringement in which Plaintiff Cruise Control Technologies
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`LLC (“CCT”) makes the following allegations against Defendant Audi of America, LLC
`
`(“Defendant”):
`
`BACKGROUND
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`1.
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`Professor C. Kumar N. Patel is an electrical engineer and the inventor of United
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`States Patent No. 6,324,463 (the “’463 Patent” or “Patel Patent”). In a distinguished career
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`dedicated to engineering and technology, Professor Patel earned his doctoral degree in electrical
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`engineering at Stanford in 1961 and has applied his inventive mind to various scientific
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`problems, resulting in 36 U.S. Patents relating to lasers, optical sensors, and electronic control
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`systems. He served as Vice Chancellor for Research at the University of California, Los Angeles
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`(UCLA), is a member of the National Academy of Engineering and the National Academy of
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`Science, and is a Fellow of the American Academy of Arts and Sciences, the American
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`Association for the Advancement of Sciences, the American Physical Society, and the Institute
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`of Electrical and Electronics Engineers. In 1996, Professor Patel was awarded the National
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`Medal of Science by President Bill Clinton. He is currently a Professor of Physics and Adjunct
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`Professor of Electrical Engineering at UCLA.
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`

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`Case 1:12-cv-01753-GMS Document 1 Filed 12/21/12 Page 2 of 6 PageID #: 2
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`
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`2.
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`In 1997, Professor Patel identified a potential problem in the available technology
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`for implementing cruise control in vehicles, which he solved with the invention of the ’463
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`Patent. Cruise control systems at the time included functionality for setting the speed of a
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`vehicle for automatic speed control, but also allowed the vehicle to accelerate above the preset
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`speed or to slow below the preset speed and later resume automatic speed control at the preset
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`speed. In both cases, however, there is a potential safety issue when the cruise control resumes
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`control at a preset speed which the vehicle operator may have forgotten. Professor Patel
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`designed and developed a vehicle cruise control system that, among inventive features, provides
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`useful, visual feedback indicative of a preset speed to vehicle operators. The technology of the
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`Patel Patent provides, among other things, a significant safety and usability improvement, and
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`the automotive industry has now widely adopted and implemented Professor Patel’s invention.
`
`PARTIES
`
`CCT is a Delaware limited liability company.
`
`On information and belief, Defendant is a Delaware limited liability company
`
`3.
`
`4.
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`with its principal office at 2200 Ferdinand Porsche Drive, Herndon, Virginia 20171. Defendant
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`has appointed Corporation Service Company, 2711 Centerville Road, Suite 400, Wilmington,
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`Delaware 19808 as its agent for service of process.
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`JURISDICTION AND VENUE
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`5.
`
`This action arises under the patent laws of the United States, 35 U.S.C. § 1, et
`
`seq., including § 271. This Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331
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`and 1338(a).
`
`6.
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`This Court has personal jurisdiction over Defendant because, among other
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`reasons, Defendant has done business in this District, has committed and continues to commit
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`2
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`

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`Case 1:12-cv-01753-GMS Document 1 Filed 12/21/12 Page 3 of 6 PageID #: 3
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`
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`acts of patent infringement in this District, and has harmed and continues to harm CCT in this
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`District, by, among other things, using, selling, offering for sale, importing infringing products
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`and/or services in this District.
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`7.
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`Venue is proper in this District under 28 U.S.C. §§ 1391(b)-(d) and 1400(b)
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`because, among other reasons, Defendant is subject to personal jurisdiction in this District, has
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`committed and continues to commit acts of patent infringement in this District. On information
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`and belief, for example, Defendant has used, sold, offered for sale, and imported infringing
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`products and/or services in this District.
`
`COUNT I
`INFRINGEMENT OF U.S. PATENT NO. 6,324,463
`
`CCT is the owner by assignment of the Patel Patent, entitled “Cruise Control
`
`8.
`
`Indicator.” The application for the Patel Patent was filed on May 12, 1999. The patent issued on
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`November 27, 2001. A true and correct copy of the Patel Patent is attached as Exhibit A.
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`9.
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`Defendant has been and now is directly infringing the Patel Patent, in this judicial
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`District and elsewhere in the United States, by, among other things, making, using, importing,
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`offering for sale, and/or selling vehicular cruise control products and/or services that include a
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`cruise control system for a vehicle having a human operator, which includes a speed controller
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`that automatically maintains the vehicle’s speed at a preset speed; a switch associated with the
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`speed controller which allows the vehicle operator to enable the system; a set speed input in
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`communication with the speed controller for manually setting the speed of the vehicle at the
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`preset speed, thereby engaging the system; a memory which stores information indicative of the
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`preset speed; and a feedback system which communicates the stored preset speed information to
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`the operator of the vehicle. The infringing products and services include, for example,
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`Defendant’s Audi A4, and various versions thereof.
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`
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`3
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`

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`Case 1:12-cv-01753-GMS Document 1 Filed 12/21/12 Page 4 of 6 PageID #: 4
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`
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`10.
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`By engaging in the conduct described herein, Defendant has injured CCT and is
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`thus liable for infringement of the Patel Patent pursuant to 35 U.S.C. § 271.
`
`11.
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`Defendant has committed these acts of infringement without license or
`
`authorization.
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`12.
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`To the extent that facts learned in discovery show that Defendant’s infringement
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`of the Patel Patent is or has been willful, CCT reserves the right to request such a finding at the
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`time of trial.
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`13.
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`As a result of Defendant’s infringement of the Patel Patent, CCT has suffered
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`monetary damages and is entitled to a money judgment in an amount adequate to compensate for
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`Defendant’s infringement, but in no event less than a reasonable royalty for the use made of the
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`invention by Defendant, together with interest and costs as fixed by the Court, and CCT will
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`continue to suffer damages in the future unless Defendant’s infringing activities are enjoined by
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`this Court.
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`14.
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`CCT has also suffered and will continue to suffer severe and irreparable harm
`
`unless this Court issues a permanent injunction prohibiting Defendant, its agents, servants,
`
`employees, representatives, and all others acting in active concert therewith from infringing the
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`Patel Patent.
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`
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`CCT respectfully requests that this Court enter:
`
`PRAYER FOR RELIEF
`
`A.
`
`A judgment in favor of CCT that Defendant has infringed, directly and/or
`
`indirectly, the Patel Patent;
`
`B.
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`A permanent injunction enjoining Defendant and its officers, directors, agents,
`
`servants, affiliates, employees, divisions, branches, subsidiaries, parents, and all
`
`
`
`4
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`

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`Case 1:12-cv-01753-GMS Document 1 Filed 12/21/12 Page 5 of 6 PageID #: 5
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`others acting in active concert therewith from infringement of the Patel Patent, or
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`such other equitable relief the Court determines is warranted;
`
`C.
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`A judgment and order requiring Defendant to pay CCT its damages, costs,
`
`expenses, and prejudgment and post-judgment
`
`interest
`
`for Defendant’s
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`infringement of the Patel Patent as provided under 35 U.S.C. § 284;
`
`D.
`
`A judgment and order finding that this is an exceptional case within the meaning
`
`of 35 U.S.C. § 285 and awarding to CCT its reasonable attorneys’ fees against
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`Defendant;
`
`E.
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`A judgment and order requiring Defendant to provide an accounting and to pay
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`supplemental damages to CCT, including without limitation, pre-judgment and
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`post-judgment interest; and
`
`F.
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`Any and all other relief to which CCT may be entitled.
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`5
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`

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`Case 1:12-cv-01753-GMS Document 1 Filed 12/21/12 Page 6 of 6 PageID #: 6
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`DEMAND FOR JURY TRIAL
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`CCT, under Rule 38 of the Federal Rules of Civil Procedure, requests a trial by jury of
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`any issues so triable by right.
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`
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`Dated: December 21, 2012
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`Of Counsel:
`
`Alexander C.D. Giza
`Marc A. Fenster
`RUSS, AUGUST & KABAT
`12424 Wilshire Boulevard 12th Floor
`Los Angeles, California 90025
`Telephone: (310) 826-7474
`Facsimile: (310) 826-6991
`agiza@raklaw.com
`mfenster@raklaw.com
`
`
`
`
`
`BAYARD, P.A.
`
`/s/ Richard D. Kirk
`Richard D. Kirk (#0922)
`Stephen B. Brauerman (#4952)
`Vanessa R. Tiradentes (#5398)
`222 Delaware Avenue, Suite 900
`P.O. Box 25130
`Wilmington, DE 19899
`(302) 655-5000
`rkirk@bayardlaw.com
`sbrauerman@bayardlaw.com
`vtiradentes@bayardlaw.com
`
`Attorneys for Plaintiff Cruise Control
`Technologies LLC
`
`6
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`

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`Case 1:12-cv-01753-GMS Document 1-1 Filed 12/21/12 Page 1 of 10 PageID #: 7
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`EXHIBIT A
`EXHIBIT A
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`

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`Case 1:12-cv-01753-GMS Document 1-1 Filed 12/21/12 Page 2 of 10 PageID #: 8
`0W91'11111111111111111111111111111I111111
`
`US006324463B1
`
`(12) United States Patent
`US 6,324,463 B1
`(10) Patent N0.:
`Patel
`
`(45) Date of Patent: Nov. 27, 2001
`
`(54) CRUISE CONTROL INDICATOR
`
`Associates; San Jose; CA; San Jose State University; CA;
`posted at least as early as Jul. 30; 1996.
`
`(76)
`
`Inventor: C. Kumar N. Patel, 1171 Roberts La.,
`Los Angeles; CA (US) 90077
`
`* cited by examiner
`
`( * ) Notice:
`
`Subject to any disclaimer, the term of this
`patent is extended or adjusted under 35
`U.S.C. 154(b) by 0 days.
`
`(21) Appl. No.: 09/310,527
`
`(22)
`
`Filed:
`
`May 12, 1999
`
`(60)
`
`Related US. Application Data
`Provisional application No. 60/085,183, filed on May 12,
`1998.
`
`Int. Cl.7 ............................... G06F 7/00; B60K 31/00
`(51)
`(52) US. Cl.
`.............................. 701/93; 701/70; 180/170;
`362/459; 362/489
`(58) Field of Search .................................. 701/93, 96, 70,
`701/301; 340/438, 441; 815.4; 180/170;
`345/30; 362/23; 482, 489, 459
`
`(56)
`
`References Cited
`U.S. PATENT DOCUMENTS
`
`1/1979 Tomecek .............................. 180/179
`4,132,284 *
`
`5,376,917 * 12/1994 Yoshimoto et a1.
`..
`340/438
`5,949,346 *
`9/1999 Suzuki et a1.
`................... 340/815.45
`
`OTHER PUBLICATIONS
`
`World Wide Web document: Andre; Anthony and Asaf
`Degani; “Do You Know What Mode You’re In? An Analysis
`of Mode Error In Everyday Things,” Interface Analysis
`
`Primary Examiner—William A. Cuchlinski; Jr.
`Assistant Examiner—Yonel Beaulieu
`
`(74) Attorney, Agent, or Firm—Sidley Austin Brown &
`Wood
`
`(57)
`
`ABSTRACT
`
`A system for indicating the operational status and param-
`eters of a cruise control system for use in a human operated
`vehicle. The system includes apparatus for storing and
`recalling a preset speed for the cruise control system. The
`system further includes apparatus for indicating this preset
`speed to the operator; along With apparatus configured to
`indicate to the user Whether or not the cruise control system
`is engaged. One embodiment
`is a system for use With
`vehicles With digital speedometers. In this embodiment; the
`system includes digital memory for storing the preset speed;
`and a digital display configured to show the preset speed and
`the operational status of the cruise control system. Another
`embodiment is for use With vehicles having analog speed-
`ometers. The analog system includes an array of LEDs and
`detectors arranged around a speed indicating dial and under
`the speedometer needle. The LEDs and detectors are
`arranged so that a preset speed may be stored into the system
`by detection of light reflected from one of the LEDs off a
`reflective surface on the back side of the needle; and onto
`one of the detectors. The LEDs of the analog system are
`further configured to indicate the preset speed and the
`operational status of the system.
`
`36 Claims, 3 Drawing Sheets
`
`MAIN DISPLAY
`
`PRESET SPEED DISPLAY
`
`MECHANISM
`
`CLOCKING
`
`

`

`Case 1:12-cv-01753-GMS Document 1-1 Filed 12/21/12 Page 3 of 10 PageID #: 9
`Case 1:12-cv-01753-GMS Document 1-1 Filed 12/21/12 Page 3 of 10 PageID #: 9
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`US. Patent
`
`Nov. 27, 2001
`
`Sheet 1 013
`
`US 6,324,463 B1
`
`F/G.
`
`7
`
`MAIN DISPLAY
`
`PRESET SPEED DISPLAY
`
`
`
`110
`
`90
`
`100
`
`

`

`Case 1:12-cv-01753-GMS Document 1-1 Filed 12/21/12 Page 4 of 10 PageID #: 10
`Case 1:12-cv-01753-GMS Document 1-1 Filed 12/21/12 Page 4 of 10 PageID #: 10
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`US. Patent
`
`Nov. 27, 2001
`
`Sheet 2 0f3
`
`US 6,324,463 B1
`
`F/G. 3
`46
`
`F/G. 5
`
`

`

`Case 1:12-cv-01753-GMS Document 1-1 Filed 12/21/12 Page 5 of 10 PageID #: 11
`Case 1:12-cv-01753-GMS Document 1-1 Filed 12/21/12 Page 5 of 10 PageID #: 11
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`US. Patent
`
`Nov. 27, 2001
`
`Sheet 3 0f 3
`
`US 6,324,463 B1
`
`F/G. 4
`
`700
`
`cc OFF
`TURN ON GO
`
`MANUAL CONTROL—-
`
`102
`
`cc ON BANK
`OF LEDS BLINK
`
`104
`
`106
`
`YES
`
`NO; MANUAL CONTROL—-
`
`APPLY BREAK
`_1Q5
`
`’70
`
`AUTOMOBILE SPEED
`UNDER CC; LED
`CORRESPONDING TO
`JET SPEED LET
`
`PRESS ’R/A’
`_1gg
`
`CC DISENGAGED.
`PRESET SPEED
`
`STORED, AUTOMOBILE
`SLOWS DOWN;
`LED BLINKS
`
`PRESS
`’SETfi
`CC ENGAGED
`AT A LOWER
`
`SPEED
`
`
`"4
`
`PRESS
`lR/Al,
`AUTOMOBILE
`ACCELERATES
`TO PRESET
`SPEED
`
`’25
`
`
`
`PRESS ACCELERATOR
`
`.115
`
`CC ENGAGED,
`AUTOMOBILE
`ACCELERATES
`
`
`TO A SPEED
`
`
`RELEASE ’R/Afi
`cc ENGAGED,
`AUTOMOBILE
`OPERATES AT
`mENm
`
`HIGHER SPEED
`
`
`
`
`CC ENGAGED PRESET
`SPEED MEMORY,
`
`
`AUTOMOBILE SPEED
`
`
`INCREASES; LED
`
`
`REMAINS LIT.
`
`
`
`128
`
`PRESS ’SETC
`mmmmwAT
`A HIGHER SPEED,
`
`CC ENGAGED
`
`122
`
`112
`
`
`
`RELEASE ACCELERATOR,
`AUTOMOBILE SLOWS DOWN
`
`TO PRESET SPEED,
`
`CC ENGAGED
`
`
`

`

`Case 1:12-cv-01753-GMS Document 1-1 Filed 12/21/12 Page 6 of 10 PageID #: 12
`Case 1:12-cv-01753-GMS Document 1-1 Filed 12/21/12 Page 6 of 10 PageID #: 12
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`US 6,324,463 B1
`
`1
`CRUISE CONTROL INDICATOR
`
`This application claims the benefit of US. Provisional
`Application No. 60/085,183, filed on May 12, 1998.
`FIELD OF THE INVENTION
`
`This invention relates to cruise control systems and more
`particularly to automotive cruise control systems which
`display preset speed information.
`
`BACKGROUND OF THE INVENTION
`
`The cruise control accessory found in many automobiles
`today can be characterized as a human-machine system.
`That is, while the cruise control feature offers the operator of
`a vehicle the benefit of speed control (machine) automation,
`it also requires significant human interface for its proper and
`safe operation. In particular, conventional cruise control
`systems require the operator to (1) turn on the cruise control
`system (by depressing or rocking a button on the steering
`wheel or dashboard), (2) achieve the desired cruising speed
`(by controlling the deflection of the accelerator), and then
`(3) engage, or set, the cruise control (by pressing another
`button typically located on the steering wheel or cruise
`control stalk shift).
`Further, the conventional cruise control system is pro-
`vided with a memory function that stores the set control
`speed. Thus, applying the brakes to temporarily slow down
`temporarily disengages the cruise control function.
`However, re-engaging the cruise control by depressing the
`“resume” button returns the automobile to the preset, memo-
`rized speed. Similarly, temporarily accelerating while the
`cruise control is engaged, as is done, for example, when
`passing other vehicles, does not disengage the system.
`Rather, when the accelerator is released,
`the automobile
`slows down until it returns to its set cruising speed and
`continues at that speed. In fact, the preset, memorized speed
`is typically canceled only if the cruise control system is
`turned off (by either depressing the system button or turning
`off the automobile) or if another speed is set
`into the
`memory.
`
`the conventional cruise control system can be
`Thus,
`characterized as existing in any one of five modes. Those
`modes are: (1) cruise control system off—the car’s speed is
`controlled manually; (2) system on, but not engaged—the
`car’s speed is still controlled manually; (3) system on and
`engaged at a set speed—the car’s speed is automatically
`controlled at
`the memorized speed;
`(4) system on and
`engaged at a set speed but the accelerator is depressed thus
`increasing the speed of the car—the car’s speed is no longer
`controlled automatically. However, the moment the speed of
`the vehicle drops to the set speed due to the operator
`releasing the accelerator, the system jumps back to mode 3;
`and (5) system on and engaged but
`the brakes are
`depressed—the car’s speed is no longer controlled automati-
`cally but the set speed is still stored in memory and will
`re-engage to automatic mode 3 upon depressing the
`“resume” button.
`It
`is also apparent
`that
`the system is
`dynamic in that it can jump from mode to mode based on
`human or machine intervention.
`
`The operator may know which mode the automobile is in
`at any given moment, but this may not always be the case.
`While most systems provide visual feedback indicating
`whether the cruise control system is enabled (identifying if
`it is in mode 1), typically via a light located within the cruise
`control button or on the dashboard, this information is of
`some but minimal value to the operator. They do not,
`
`10
`
`15
`
`20
`
`25
`
`30
`
`35
`
`40
`
`45
`
`50
`
`55
`
`60
`
`65
`
`2
`however, inform the operator which mode the automobile is
`in when the system is enabled (i.e. mode 2, 3, 4, or 5). While
`no feedback is obviously needed to identify when the system
`is in mode 3 because the cruise control is automatically
`controlling the speed, conventional systems do not inform
`the operator whether they are in fully manual mode 2 or in
`one of the temporarily manual modes 4 or 5. The operator
`must rely on his or her memory to know whether the speed
`at which the vehicle is traveling is only a temporary override
`of the automatic speed control to be resumed upon releasing
`the accelerator or depressing the resume button, as the case
`may be, or is a function of being in fully manual mode 2.
`Lacking this knowledge poses potential safety hazards.
`This can be illustrated by way of several examples. Example
`1: The operator was on fully automatic cruise (mode 3) at 60
`miles per hour (mph), but then accelerated to 75 mph (mode
`4) and kept his/her foot on the accelerator to maintain this
`speed for several miles. Then, the operator had a need to
`gradually slow the vehicle down to below 60 mph, say 40
`mph, because of a new driving condition, such as heavy
`traffic, reduced speed limit or exiting the highway. However,
`by this time, the operator forgot that cruise control was still
`set for 60 mph, and merely released the accelerator, expect-
`ing the vehicle to continue to slow down to 40 mph. This,
`course, did not happen. The operator’s momentary lack of
`speed control could lead to an accident. Example 2: The
`operator was in fully automatic cruise control mode (mode
`3) but had to step on the brakes to temporarily slow down,
`thereby disengaging the cruise control (mode 5). Some time
`elapsed and the operator forgot
`the preset speed before
`pressing the resume button. The acceleration to the preset
`speed may come as a surprise and lead to another hazardous
`situation.
`
`In sum, there is a definite safety driven need to provide
`useful, visual feedback to operators of automobiles with
`cruise control of the preset speeds at which they are set.
`SUMMARY OF THE INVENTION
`
`The present invention addresses this need by providing
`the operator of a vehicle with information about the preset
`speed of an enabled cruise control system. This is accom-
`plished by equipping the vehicle with a visual feedback
`system that continuously provides the preset speed memo-
`rized by the cruise control system. This invention will tend
`to enhance the safe operation of a vehicle under cruise
`control conditions.
`
`In particular, a cruise control system for a vehicle is
`provided with a speed controller that automatically main-
`tains the vehicle speed at a desired preset speed, an enable
`switch that enables the system, a set speed input in com-
`munication with the controller to manually set the speed of
`the vehicle to that at which it is traveling at the moment of
`input, a memory for temporarily storing the speed of the
`vehicle at the set speed, and a feedback system for display-
`ing the set speed information to the operator of the vehicle
`until a new set speed is input or the system is disabled.
`In one more detailed aspect of the invention, the feedback
`system of a vehicle designed with a digital speed display, or
`speedometer, is a second digital display that provides the
`preset cruise control speed, when the cruise control
`is
`enabled and active. In another more detailed embodiment,
`the feedback system of a vehicle having an analog speed-
`ometer includes a plurality of light emitting diodes (LED’s)
`located at various speed intervals on the speedometer dial.
`The LED corresponding to the speed at which the vehicle
`was traveling when the cruise control system was set illu-
`minates and remains lit (or blinks) for the benefit of the
`operator.
`
`

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`US 6,324,463 B1
`
`3
`Other features and advantages of the present invention
`will become apparent
`from the following detailed
`description, taken in conjunction with the accompanying
`drawings, which illustrate, by way of example, the prin-
`ciples of the invention.
`
`BRIEF DESCRIPTION OF THE DRAWINGS
`
`FIG. 1 is schematic of a digital speed display of one
`embodiment of the present invention;
`FIG. 2 is a plan view of another embodiment of the
`present invention, wherein an analog speedometer incorpo-
`rating a bank of LED detector assemblies is shown;
`FIG. 3 is a partial side view of the analog speedometer
`taken along line 3—3 of FIG. 2, wherein an LED detector
`assembly and speedometer needle are further illustrated;
`FIG. 4 is a flow chart detailing the various operations of
`the analog cruise control feedback system shown in FIG. 2;
`and
`
`FIG. 5 is a schematic of the LED detector assembly
`shown in FIGS. 2 and 3.
`
`DETAILED DESCRIPTION OF THE
`PREFERRED EMBODIMENT
`
`The invention summarized above and defined by the
`enumerated claims may be better understood by referring to
`the following detailed description, which should be read in
`conjunction with the accompanying drawings. This detailed
`description of a particular preferred embodiment, set out
`below to enable one to build and use one particular imple-
`mentation of the invention,
`is not
`intended to limit
`the
`enumerated claims, but to serve as a particular example
`thereof. The particular example set out below is one pre-
`ferred specific implementation of an improved cruise control
`system for an automobile, namely, one that provides con-
`tinuous visual feedback of the preset speed of the system for
`the convenience of the operator and for improved safety. The
`invention, however, may also be applied to other types of
`transportation means that could utilize a cruise control
`system.
`Automobiles currently provide one of two types of speed
`displays, namely, the analog display, typically in the form of
`the traditional speedometer, and the digital display.
`Accordingly, as detailed below, the present invention pro-
`vides cruise control speed-indicating solutions for both types
`of displays. The digital display embodiment is described
`first.
`
`the speed
`For vehicles having digital speed displays,
`information is already in digitized form, such as binary
`coded decimal (BCD). As shown in the schematic of FIG. 1,
`a main speed display 3 displays in digital format the current
`speed at which the vehicle is operating. A clocking mecha-
`nism 10, such as an array of logic gates, is provided to write
`the digitized information regarding the speed at which the
`vehicle is traveling when the set button is pressed, that is,
`when the cruise control is engaged, into a digital memory 12,
`such as a DRAM. Output lines 14 from the memory 12
`activate a second smaller and distinctive digital display 16
`indicating the preset speed. In the preferred embodiment, the
`present speed remains continuously lit on the second display
`16 from the moment the cruise control is engaged until it is
`either overridden or shut off. When the cruise control is
`
`disengaged by stepping on the brake, for example, to tem-
`porarily slow down the vehicle to accommodate a heavy
`traffic load or a reduced highway speed, the preset display
`retains the present speed information and blinks at fixed
`
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`intervals, say, twice per second. This gives the operator a
`clear indication of the speed to which the vehicle will return
`when the command to resume speed is applied.
`the
`When the cruise control system is first activated,
`preset display 16 will blink the number zero indicating an
`“unset” state of cruise control. Further, if in the engaged
`state, the operator steps on the accelerator to momentarily
`(or longer) increase vehicular speed (for passing another
`vehicle or any other reason), the cruise control will remain
`engaged as is true of all systems today. However,
`the
`operator will always have a clear indication of the speed to
`which the vehicle will return upon removing the foot from
`the accelerator, obviating the need to rely on the memory of
`the operator to know the cruise control speed.
`Referring now to automobiles with analog speed displays,
`since digitized speed information is not typically available
`for easy storage, as was described above, a very different
`approach is used to achieve the same results as in the digital
`embodiment. As shown in FIG. 2, the preset speed infor-
`mation is displayed right on the analog speed dial, or
`speedometer 40,
`itself. In particular,
`the analog dial 40
`which has speed markings thereon, is also provided with a
`bank 44 of individual light emitting diode (LED) assemblies
`45 embedded at the periphery of the dial at every 1 mile per
`hour (mph) interval. It is understood that other intervals may
`be used if desired. The bank 44 extends for a portion of the
`dial corresponding to an expected potential range of cruising
`speeds, such as from 40 mph to 80 or 90 mph. Referring
`momentarily to FIG. 3, each LED assembly 45 is comprised
`of an LED 46 and a detector 48. These assemblies 45,
`assembled individually or as an entire bank 44, can be easily
`fabricated on a few semiconductor chips.
`The operation of the analog embodiment of the present
`invention is now illustrated with reference to the flow chart
`
`shown in FIG. 4, in conjunction with FIGS. 2, 3 and 5.
`When the operator starts the vehicle and commences
`driving, the cruise control (indicated as “CC” in FIG. 4) is
`off and the automobile is under manual control. When the
`
`operator turns on the cruise control in step 100, all of the
`detectors 48 are off, and the display of the entire bank of
`LEDs 44 simultaneously blink once (or a small number of
`present times) to inform the operator that the cruise control
`is now enabled, step 102. Further, the LED 50, correspond-
`ing to the 0 mph mark, remains lit to indicate the cruise
`control status (i.e. “system on”). At this point, the driver can
`either continue to operate the automobile under manual
`control or press the “set speed” button when the desired
`automobile speed is reached. Pressing the “set speed”
`button, step 104, activates all of the detectors and all of the
`LED’s momentarily light up. Referring again to FIGS. 2 and
`3, the back side of the speed indicator needle 42 is partially
`reflective for the portion of the needle that sweeps over the
`bank of LED assemblies 44. Thus, the momentary activation
`of all LED’s results in the LED light reflected back into only
`that detector 48 over which the partially reflecting needle 42
`is located, and only this detector is activated. As shown in
`FIG. 5, the electrical signal from this detector is then used
`to activate the corresponding LED which remains lit as long
`as the cruise control is engaged, step 106. The electronic
`circuitry needed to maintain the LED lit after the momentary
`firing of LED and activation of the corresponding detector
`by a pulse of light is well understood in the art. The vehicle
`is now operating at a speed controlled by the cruise control.
`At this point, there are at least three scenarios that obtain.
`The first is that the operator steps on the brake, step 108.
`When the operator steps on the brake for temporary reduc-
`
`

`

`Case 1:12-cv-01753-GMS Document 1-1 Filed 12/21/12 Page 8 of 10 PageID #: 14
`Case 1:12-cv-01753-GMS Document 1-1 Filed 12/21/12 Page 8 of 10 PageID #: 14
`
`US 6,324,463 B1
`
`5
`tion of the vehicular speed on the highway, the cruise control
`disengages, step 110, and the LED indicating the previously
`set speed point goes into a blinking mode. This will assure
`that the operator has the full knowledge of the status of the
`cruise control, in particular, that it is on but disengaged, with
`the potential to return the vehicle’s speed to the preset speed
`corresponding to the blinking LED on the dial 40. The
`operator may continue to drive the vehicle under complete
`manual control while the preset speed is stored in the cruise
`control and as indicated by the blinking LED. When the
`operator presses the “Resume/Accelerate (R/A)” button,
`step 112, he or she knows the speed to which the vehicle will
`return. At this point, of course, cruise control is engaged, the
`LED is steadily lit, and the automobile accelerates to the
`preset speed.
`Alternatively, as shown in step 114, the operator may
`choose to continue to travel at the new (and now slower)
`speed. In this case, he or she may press the SET button to
`re-engage the cruise control. All of the LED’s will blink
`momentarily, all the detectors will be turned on, and only the
`detector under the new position of the speedometer needle
`having received the reflected light will be activated. The
`LED corresponding to the new cruising speed will now
`remain lit as described earlier.
`
`The second scenario entails the operator stepping on the
`accelerator, step 116, to increase the vehicular speed in order
`to pass another vehicle (or any other reason). As shown in
`step 118, the LED remains lit continuously to indicate the
`speed to which the vehicle will return once the operator
`takes her/his foot off the accelerator, as in step 120. For the
`operator to be able to see the set speed when cruise control
`is engaged and when the vehicle is moving at the preset
`speed, this embodiment includes a speedometer indicator
`needle which is semitransparent over the region where the
`bank of LED assemblies 44 are located. Thus, the operator
`can see the continuously lit LED and know that the cruise
`control is engaged.
`Alternatively, as shown in step 122, if desired, the opera-
`tor can select a new, higher cruising speed by pressing the
`“set speed” button. In this case, the earlier sequence will
`repeat, a new LED will be lit, and the automobile speed will
`be set at a higher speed.
`Finally, the third scenario envisions the operator depress-
`ing the “Reset/Accelerate” or “R/A” button in step 124 to
`accelerate the vehicle via the cruise control system, step 126.
`Following the earlier sequences, the new speed will be set to
`that which the vehicle was traveling when the “R/A” button
`was released. This will sequence all of the LED’s to blink,
`all detectors to be activated, and then the LED under the
`needle to stay lit to indicate the new higher cruising speed,
`as shown in step 128.
`As shown, deployment of the present invention in all
`vehicles equipped with cruise control will tend to contribute
`significantly towards safer driving.
`Having thus described the basic principles and exemplary
`embodiments of the invention, it will be apparent that further
`variations, alterations, modifications, and improvements
`will also occur to those skilled in the art. For example, it is
`understood that a vehicle equipped with an analog speed-
`ometer may be designed with a digital preset speed indicator.
`Further, it will be apparent that the present invention is not
`limited to use in automobiles.
`It
`is applicable to any
`operator-controlled vehicle that may use a human-machine,
`mobile cruise control system, such as motorcycles, trolleys,
`water vehicles, etc. Such alterations, modifications, and
`improvements, though not expressly described or mentioned
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`abo

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