Case 1:13-cv-00537-SLR Document 1 Filed 04/05/13 Page 1 of 6 PageID #: 1
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`VEHICLE OPERATION TECHNOLOGIES, LLC,
`
`
`Plaintiff,
`
`
`v.
`
`
`AMERICAN HONDA MOTOR CO., INC.,
`
`
`Defendant.
`
`
`
`
`
`C.A. No. __________
`
`JURY TRIAL DEMANDED
`
`
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`
`This is an action for patent infringement in which Plaintiff Vehicle Operation
`
`Technologies, LLC makes the following allegations against Defendant American Honda Motor
`
`Co., Inc. (“Honda” or “Defendant”):
`
`BACKGROUND
`
`1.
`
`Yu Hei Sunny Wai is the inventor of United States Patent No. 7,145,442 (the
`
`“Wai Patent”). Mr. Wai is an accomplished electronics and computer engineer with more than
`
`30 years of experience, including design, manufacturing and test engineering and management.
`
`His expertise spans a large swath of electronics and computer technologies, including consumer
`
`electronics, audio and video signal processing, power amplifiers, x-ray inspection systems,
`
`microwave communications, industrial robotics, and networking. Among other technical
`
`accomplishments, Mr. Wai, while working for Caspian Networks, developed the manufacturing
`
`and test standards for Caspian’s “carrier class” networking equipment - extremely reliable
`
`electronics that typically exceed 99.999% availability.
`
`2.
`
`Mr. Wai purchased a Honda Pilot in 2002 with Variable Torque Management
`
`4WD (VTM-4). While driving the Pilot in the snow, Mr. Wai discovered a problem: the vehicle
`
`failed to provide the driver with important operating information, for example, when and how the
`
`
`
`HONDA601 EX. 1015
`
`

`

`Case 1:13-cv-00537-SLR Document 1 Filed 04/05/13 Page 2 of 6 PageID #: 2
`
`
`
`vehicle varied torque output to the drive wheels. Mr. Wai investigated how the vehicle drive
`
`train operated, designed and experimented with several types of sensors, and developed a
`
`complete system, including the sensor, interface, computational software, and display. His initial
`
`prototype system also measured and displayed 12 volt power consumption. The end result was a
`
`fully operational system that could measure and display torque distribution to the drive wheels,
`
`which Mr. Wai installed in his vehicle. Mr. Wai formed VMD, Inc., and filed an application for
`
`a patent on his invention on October 14, 2003, and the U.S. Patent and Trademark Office issued
`
`him U.S. Patent No. 7,145,442 on December 5, 2006.
`
`PARTIES
`
`3.
`
`Plaintiff Vehicle Operation Technologies, LLC (“VOT”) is a Delaware limited
`
`liability company.
`
`4.
`
`On information and belief, Defendant American Honda Motor Co., Inc. is a
`
`California corporation with its principal office at 1919 Torrance Boulevard, Torrance, California
`
`90501. Defendant has appointed CT Corporation System, 818 West Seventh Street, Los Angeles,
`
`California 90017, as its agent for service of process.
`
`JURISDICTION AND VENUE
`
`1.
`
`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
`
`and 1338(a).
`
`2.
`
`This Court has personal jurisdiction over Defendant because, among other
`
`reasons, Defendant has done business in this District, has committed and continues to commit
`
`acts of patent infringement in this District, and has harmed and continues to harm VOT in this
`
`
`
`2
`
`

`

`Case 1:13-cv-00537-SLR Document 1 Filed 04/05/13 Page 3 of 6 PageID #: 3
`
`
`
`District, by, among other things, using, selling, offering for sale, and importing infringing
`
`products and services in this District.
`
`3.
`
`Venue is proper in this District under 28 U.S.C. §§ 1391(b)-(d) and 1400(b)
`
`because, among other reasons, Defendant is subject to personal jurisdiction in this District, has
`
`committed and continues to commit acts of patent infringement in this District. On information
`
`and belief, for example, Defendant has used, sold, offered for sale, and imported infringing
`
`products in this District.
`
`COUNT I
`INFRINGEMENT OF U.S. PATENT NO. 7,145,442
`
`VOT is the owner by assignment of the Wai Patent, entitled “Vehicle Operation
`
`4.
`
`Display System.” A true and correct copy of the Wai Patent is attached as Exhibit A.
`
`5.
`
`Defendant has been and now is directly infringing the Wai Patent, literally and
`
`under the doctrine of equivalents, in this judicial District and elsewhere in the United States, by,
`
`among other things, making, using, importing, offering for sale, and/or selling torque and
`
`component power consumption sensor and display system products and services that include,
`
`among other things, at least one signal source producing sensory data, a processing device
`
`operably coupled to said signal source to transform said sensory data into a display signal, a
`
`display device to receive and display the display signal as a viewable image, the image
`
`comprised of information regarding at least one operating parameter, said at least one operating
`
`parameter comprised of torque and/or braking forces delivered at the wheels of a motor vehicle,
`
`and whereby the generated image is observable by the operator of said motor vehicle. The
`
`infringing products and services include, for example, Defendant’s 2012 Acura MDX, equipped
`
`with the “Super Handling-All Wheel Drive System.”
`
`
`
`3
`
`

`

`Case 1:13-cv-00537-SLR Document 1 Filed 04/05/13 Page 4 of 6 PageID #: 4
`
`
`
`6.
`
`By engaging in the conduct described herein, Defendant has injured VOT and is
`
`thus liable for infringement of the Wai Patent pursuant to 35 U.S.C. § 271(a).
`
`7.
`
`Defendant has committed these acts of infringement without license or
`
`authorization.
`
`8.
`
`By letter dated July 10, 2006, to Tim Conley, General Counsel of American
`
`Honda Motor Co., Inc., Frank Hodgson, General Counsel for VMD, Inc., informed Defendant of
`
`Mr. Wai’s patent application including a copy of it and the claims that had been recently allowed
`
`by the U.S. Patent and Trademark Office and proposed that Defendant incorporate and license
`
`the technology. By letter dated September 6, 2006, Defendant responded to Mr. Hodgson’s letter
`
`and requested a copy of a valid U.S. Patent on the invention. By letter dated March 3, 2007, Mr.
`
`Hodgson provided a copy of the Wai patent to Defendant and proposed that Defendant
`
`incorporate and license the now-patented technology.
`
`9.
`
`Defendant Honda has been aware of the Wai patent since at least March 3, 2007,
`
`or shortly thereafter. Defendant Honda has been aware of the substance and claims of the Wai
`
`patent since at least September 6, 2006, and likely at least as early as around July 10, 2006. On
`
`information and belief, Defendant has knowingly acted with an objectively high likelihood that
`
`its actions constituted infringement of the Wai patent. Therefore, Honda has been willfully
`
`infringing the Wai patent since it began using the patented technology after July 2006.
`
`10.
`
`As a result of Defendant’s infringement of the Wai Patent, VOT has suffered
`
`monetary damages and is entitled to a money judgment in an amount adequate to compensate for
`
`Defendant’s infringement, but in no event less than a reasonable royalty for the use made of the
`
`invention by Defendant, together with interest and costs as fixed by the Court, and VOT will
`
`continue to suffer damages in the future unless Defendant’s infringing activities are enjoined by
`
`
`
`4
`
`

`

`Case 1:13-cv-00537-SLR Document 1 Filed 04/05/13 Page 5 of 6 PageID #: 5
`
`
`
`this Court.
`
`11.
`
`VOT 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
`
`Wai Patent.
`
`
`
`VOT respectfully requests that this Court enter:
`
`PRAYER FOR RELIEF
`
`A.
`
`A judgment in favor of VOT that Defendant has infringed the Wai Patent;
`
`B.
`
`A permanent injunction enjoining Defendant and its officers, directors, agents,
`
`servants, affiliates, employees, divisions, branches, subsidiaries, parents, and all
`
`others acting in active concert therewith from infringement of the Wai Patent, or
`
`such other equitable relief the Court determines is warranted;
`
`C.
`
`A judgment and order requiring Defendant to pay VOT its damages, costs,
`
`expenses, and prejudgment and post-judgment
`
`interest
`
`for Defendant’s
`
`infringement of the Wai Patent as provided under 35 U.S.C. § 284, and an
`
`accounting of ongoing post-judgment infringement;
`
`D.
`
`An award to VOT for enhanced damages against Defendant Honda resulting from
`
`the knowing, deliberate, and willful nature of Defendant's prohibited conduct, as
`
`provided under 35 U.S.C. § 284;
`
`E.
`
`A judgment and order finding that this is an exceptional case within the meaning
`
`of 35 U.S.C. § 285 and awarding to VOT its reasonable attorneys’ fees against
`
`Defendant;
`
`
`
`5
`
`

`

`Case 1:13-cv-00537-SLR Document 1 Filed 04/05/13 Page 6 of 6 PageID #: 6
`
`
`
`F.
`
`A judgment and order requiring Defendant to provide an accounting and to pay
`
`supplemental damages to VOT, including without limitation, pre-judgment and
`
`post-judgment interest; and
`
`G.
`
`Any and all other relief to which VOT may be entitled.
`
`DEMAND FOR JURY TRIAL
`
`VOT, under Rule 38 of the Federal Rules of Civil Procedure, requests a trial by jury of
`
`any issues so triable by right.
`
`
`Dated: April 5, 2013
`
`Of Counsel:
`
`Alexander C.D. Giza
`Marc A. Fenster
`RUSS, AUGUST & KABAT
`12424 Wilshire Boulevard 12th Floor
`Los Angeles, California 90025
`(310) 826-7474
`agiza@raklaw.com
`mfesner@raklaw.com
`
`BAYARD, P.A.
`
`/s/ Stephen B. Brauerman
`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
`Vehicle Operation Technologies LLC
`
`
`
`
`
`6
`
`

`

`Case 1:13-cv-00538-SLR Document 1 Filed 04/05/13 Page 1 of 5 PageID #: 1
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`VEHICLE OPERATION TECHNOLOGIES, LLC,
`
`
`Plaintiff,
`
`
`v.
`
`
`BMW OF NORTH AMERICA, LLC,
`
`
`Defendant.
`
`
`
`
`C.A. No. ________________
`
`JURY TRIAL DEMAND
`
`
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`
`This is an action for patent infringement in which Plaintiff Vehicle Operation
`
`Technologies, LLC makes the following allegations against Defendant BMW of North America,
`
`LLC:
`
`BACKGROUND
`
`1.
`
`Yu Hei Sunny Wai is the inventor of United States Patent No. 7,145,442 (the
`
`“Wai Patent”). Mr. Wai is an accomplished electronics and computer engineer with more than
`
`30 years of experience, including design, manufacturing and test engineering and management.
`
`His expertise spans a large swath of electronics and computer technologies, including consumer
`
`electronics, audio and video signal processing, power amplifiers, x-ray inspection systems,
`
`microwave communications, industrial robotics, and networking. Among other technical
`
`accomplishments, Mr. Wai, while working for Caspian Networks, developed the manufacturing
`
`and test standards for Caspian’s “carrier class” networking equipment - extremely reliable
`
`electronics that typically exceed 99.999% availability.
`
`2.
`
`Mr. Wai purchased a Honda Pilot in 2002 with Variable Torque Management
`
`4WD (VTM-4). While driving the Pilot in the snow, Mr. Wai discovered a problem: the vehicle
`
`failed to provide the driver with important operating information, for example, when and how the
`
`
`
`HONDA601 EX. 1016
`
`

`

`Case 1:13-cv-00538-SLR Document 1 Filed 04/05/13 Page 2 of 5 PageID #: 2
`
`
`
`vehicle varied torque output to the drive wheels. Mr. Wai investigated how the vehicle drive
`
`train operated, designed and experimented with several types of sensors, and developed a
`
`complete system, including the sensor, interface, computational software, and display. His initial
`
`prototype system also measured and displayed 12 volt power consumption. The end result was a
`
`fully operational system that could measure and display torque distribution to the drive wheels,
`
`which Mr. Wai installed in his vehicle. Mr. Wai formed VMD, Inc., and filed an application for
`
`a patent on his invention on October 14, 2003, and the U.S. Patent and Trademark Office issued
`
`him U.S. Patent No. 7,145,442 on December 5, 2006.
`
`PARTIES
`
`3.
`
`Plaintiff Vehicle Operation Technologies, LLC (“VOT”) is a Delaware limited
`
`liability company.
`
`4.
`
`On
`
`information and belief, Defendant BMW of North America, LLC
`
`(“Defendant”) is a Delaware corporation with its principal office at 300 Chestnut Ridge Road,
`
`Woodcliff Lake, New Jersey 07677. Defendant has appointed The Corporation Trust Company,
`
`Corporation Trust Center, 1209 Orange Street, Wilmington, Delaware 19801, as its agent for
`
`service of process.
`
`JURISDICTION AND VENUE
`
`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
`
`and 1338(a).
`
`6.
`
`This Court has personal jurisdiction over Defendant because, among other
`
`reasons, Defendant has done business in this District, has committed and continues to commit
`
`acts of patent infringement in this District, and has harmed and continues to harm VOT in this
`
`
`
`2
`
`

`

`Case 1:13-cv-00538-SLR Document 1 Filed 04/05/13 Page 3 of 5 PageID #: 3
`
`
`
`District, by, among other things, using, selling, offering for sale, and importing infringing
`
`products and services in this District.
`
`7.
`
`Venue is proper in this District under 28 U.S.C. §§ 1391(b)-(d) and 1400(b)
`
`because, among other reasons, Defendant is subject to personal jurisdiction in this District, has
`
`committed and continues to commit acts of patent infringement in this District. On information
`
`and belief, for example, Defendant has used, sold, offered for sale, and imported infringing
`
`products in this District.
`
`COUNT I
`INFRINGEMENT OF U.S. PATENT NO. 7,145,442
`
`VOT is the owner by assignment of the Wai Patent, entitled “Vehicle Operation
`
`8.
`
`Display System.” A true and correct copy of the Wai Patent is attached as Exhibit A.
`
`9.
`
`Defendant has been and now is directly infringing the Wai Patent, literally and
`
`under the doctrine of equivalents, in this judicial District and elsewhere in the United States, by,
`
`among other things, making, using, importing, offering for sale, and/or selling torque and
`
`component power consumption sensor and display system products and services that include,
`
`among other things, at least one signal source producing sensory data, a processing device
`
`operably coupled to said signal source to transform said sensory data into a display signal, a
`
`display device to receive and display the display signal as a viewable image, the image
`
`comprised of information regarding at least one operating parameter, said at least one operating
`
`parameter comprised of torque and/or braking forces delivered at the wheels of a motor vehicle,
`
`and whereby the generated image is observable by the operator of said motor vehicle. The
`
`infringing products and services include, for example, Defendant’s X5 M & X6 vehicles and
`
`other Defendant’s vehicles equipped with BMW’s Dynamic Performance Control system.
`
`
`
`3
`
`

`

`Case 1:13-cv-00538-SLR Document 1 Filed 04/05/13 Page 4 of 5 PageID #: 4
`
`
`
`10.
`
`By engaging in the conduct described herein, Defendant has injured VOT and is
`
`thus liable for infringement of the Wai Patent pursuant to 35 U.S.C. § 271(a).
`
`11.
`
`Defendant has committed these acts of infringement without license or
`
`authorization.
`
`12.
`
`As a result of Defendant’s infringement of the Wai Patent, VOT has suffered
`
`monetary damages and is entitled to a money judgment in an amount adequate to compensate for
`
`Defendant’s infringement, but in no event less than a reasonable royalty for the use made of the
`
`invention by Defendant, together with interest and costs as fixed by the Court, and VOT will
`
`continue to suffer damages in the future unless Defendant’s infringing activities are enjoined by
`
`this Court.
`
`13.
`
`VOT 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
`
`Wai Patent.
`
`
`
`VOT respectfully requests that this Court enter:
`
`PRAYER FOR RELIEF
`
`A.
`
`A judgment in favor of VOT that Defendant has infringed the Wai Patent;
`
`B.
`
`A permanent injunction enjoining Defendant and its officers, directors, agents,
`
`servants, affiliates, employees, divisions, branches, subsidiaries, parents, and all
`
`others acting in active concert therewith from infringement of the Wai Patent, or
`
`such other equitable relief the Court determines is warranted;
`
`C.
`
`A judgment and order requiring Defendant to pay VOT its damages, costs,
`
`expenses, and prejudgment and post-judgment
`
`interest
`
`for Defendant’s
`
`
`
`4
`
`

`

`Case 1:13-cv-00538-SLR Document 1 Filed 04/05/13 Page 5 of 5 PageID #: 5
`
`
`
`infringement of the Wai Patent as provided under 35 U.S.C. § 284, and an
`
`accounting of ongoing post-judgment infringement;
`
`D.
`
`A judgment and order finding that this is an exceptional case within the meaning
`
`of 35 U.S.C. § 285 and awarding to VOT its reasonable attorneys’ fees against
`
`Defendant;
`
`E.
`
`A judgment and order requiring Defendant to provide an accounting and to pay
`
`supplemental damages to VOT, including without limitation, pre-judgment and
`
`post-judgment interest; and
`
`F.
`
`Any and all other relief to which VOT may be entitled.
`
`DEMAND FOR JURY TRIAL
`
`VOT, under Rule 38 of the Federal Rules of Civil Procedure, requests a trial by jury of
`
`any issues so triable by right.
`
`
`Dated: April 5, 2013
`
`Of Counsel:
`
`Alexander C.D. Giza
`Marc A. Fenster
`RUSS, AUGUST & KABAT
`12424 Wilshire Boulevard 12th Floor
`Los Angeles, California 90025
`(310) 826-7474
`agiza@raklaw.com
`
`
`
`
`
`BAYARD, P.A.
`
`/s/ Stephen B. Brauerman
`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
`Vehicle Operation Technologies LLC
`
`5
`
`

`

`Case 1:13-cv-00539-SLR Document 1 Filed 04/05/13 Page 1 of 5 PageID #: 1
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`VEHICLE OPERATION TECHNOLOGIES, LLC,
`
`
`Plaintiff,
`
`
`v.
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`
`
`
`
`C.A. No. __________
`
`JURY TRIAL DEMANDED
`
`
`
`FORD MOTOR COMPANY,
`
`
`Defendant.
`
`This is an action for patent infringement in which Plaintiff Vehicle Operation
`
`Technologies, LLC makes the following allegations against Defendant Ford Motor Company:
`
`BACKGROUND
`
`1.
`
`Yu Hei Sunny Wai is the inventor of United States Patent No. 7,145,442 (the
`
`“Wai Patent”). Mr. Wai is an accomplished electronics and computer engineer with more than
`
`30 years of experience, including design, manufacturing and test engineering and management.
`
`His expertise spans a large swath of electronics and computer technologies, including consumer
`
`electronics, audio and video signal processing, power amplifiers, x-ray inspection systems,
`
`microwave communications, industrial robotics, and networking. Among other technical
`
`accomplishments, Mr. Wai, while working for Caspian Networks, developed the manufacturing
`
`and test standards for Caspian’s “carrier class” networking equipment - extremely reliable
`
`electronics that typically exceed 99.999% availability.
`
`2.
`
`Mr. Wai purchased a Honda Pilot in 2002 with Variable Torque Management
`
`4WD (VTM-4). While driving the Pilot in the snow, Mr. Wai discovered a problem: the vehicle
`
`failed to provide the driver with important operating information, for example, when and how the
`
`vehicle varied torque output to the drive wheels. Mr. Wai investigated how the vehicle drive
`
`
`
`HONDA601 EX. 1017
`
`

`

`Case 1:13-cv-00539-SLR Document 1 Filed 04/05/13 Page 2 of 5 PageID #: 2
`
`
`
`train operated, designed and experimented with several types of sensors, and developed a
`
`complete system, including the sensor, interface, computational software, and display. His initial
`
`prototype system also measured and displayed 12 volt power consumption. The end result was a
`
`fully operational system that could measure and display torque distribution to the drive wheels,
`
`which Mr. Wai installed in his vehicle. Mr. Wai formed VMD, Inc., and filed an application for
`
`a patent on his invention on October 14, 2003, and the U.S. Patent and Trademark Office issued
`
`him U.S. Patent No. 7,145,442 on December 5, 2006.
`
`PARTIES
`
`3.
`
`Plaintiff Vehicle Operation Technologies, LLC (“VOT”) is a Delaware limited
`
`liability company.
`
`4.
`
`On information and belief, Defendant Ford Motor Company (“Defendant”) is a
`
`Delaware corporation with its principal office at One American Road, Dearborn, Michigan
`
`48126. Defendant has appointed The Corporation Trust Company, Corporation Trust Center,
`
`1209 Orange Street, Wilmington, Delaware 19801, as its agent for service of process.
`
`JURISDICTION AND VENUE
`
`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
`
`and 1338(a).
`
`6.
`
`This Court has personal jurisdiction over Defendant because, among other
`
`reasons, Defendant has done business in this District, has committed and continues to commit
`
`acts of patent infringement in this District, and has harmed and continues to harm VOT in this
`
`District, by, among other things, using, selling, offering for sale, and importing infringing
`
`products and services in this District.
`
`
`
`2
`
`

`

`Case 1:13-cv-00539-SLR Document 1 Filed 04/05/13 Page 3 of 5 PageID #: 3
`
`
`
`7.
`
`Venue is proper in this District under 28 U.S.C. §§ 1391(b)-(d) and 1400(b)
`
`because, among other reasons, Defendant is subject to personal jurisdiction in this District, has
`
`committed and continues to commit acts of patent infringement in this District. On information
`
`and belief, for example, Defendant has used, sold, offered for sale, and imported infringing
`
`products in this District.
`
`COUNT I
`INFRINGEMENT OF U.S. PATENT NO. 7,145,442
`
`VOT is the owner by assignment of the Wai Patent, entitled “Vehicle Operation
`
`8.
`
`Display System.” A true and correct copy of the Wai Patent is attached as Exhibit A.
`
`9.
`
`Defendant has been and now is directly infringing the Wai Patent, literally and
`
`under the doctrine of equivalents, in this judicial District and elsewhere in the United States, by,
`
`among other things, making, using, importing, offering for sale, and/or selling torque and
`
`component power consumption sensor and display system products and services that include,
`
`among other things, at least one signal source producing sensory data, a processing device
`
`operably coupled to said signal source to transform said sensory data into a display signal, a
`
`display device to receive and display the display signal as a viewable image, the image
`
`comprised of information regarding at least one operating parameter, said at least one operating
`
`parameter comprised of torque and/or braking forces delivered at the wheels of a motor vehicle,
`
`and whereby the generated image is observable by the operator of said motor vehicle. The
`
`infringing products and services include, for example, Defendant’s Ford Focus Electric, Ford C-
`
`Max Hybrid, Ford Fusion Hybrid, Ford MKZ Hybrid, Ford Escape Hybrid, and all of
`
`Defendant’s vehicles equipped with Ford’s All Wheel Drive.
`
`10.
`
`By engaging in the conduct described herein, Defendant has injured VOT and is
`
`thus liable for infringement of the Wai Patent pursuant to 35 U.S.C. § 271(a).
`
`
`
`3
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`

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`Case 1:13-cv-00539-SLR Document 1 Filed 04/05/13 Page 4 of 5 PageID #: 4
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`
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`11.
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`Defendant has committed these acts of infringement without license or
`
`authorization.
`
`12.
`
`As a result of Defendant’s infringement of the Wai Patent, VOT has suffered
`
`monetary damages and is entitled to a money judgment in an amount adequate to compensate for
`
`Defendant’s infringement, but in no event less than a reasonable royalty for the use made of the
`
`invention by Defendant, together with interest and costs as fixed by the Court, and VOT will
`
`continue to suffer damages in the future unless Defendant’s infringing activities are enjoined by
`
`this Court.
`
`13.
`
`VOT 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
`
`Wai Patent.
`
`
`
`VOT respectfully requests that this Court enter:
`
`PRAYER FOR RELIEF
`
`A.
`
`A judgment in favor of VOT that Defendant has infringed the Wai Patent;
`
`B.
`
`A permanent injunction enjoining Defendant and its officers, directors, agents,
`
`servants, affiliates, employees, divisions, branches, subsidiaries, parents, and all
`
`others acting in active concert therewith from infringement of the Wai Patent, or
`
`such other equitable relief the Court determines is warranted;
`
`C.
`
`A judgment and order requiring Defendant to pay VOT its damages, costs,
`
`expenses, and prejudgment and post-judgment
`
`interest
`
`for Defendant’s
`
`infringement of the Wai Patent as provided under 35 U.S.C. § 284, and an
`
`accounting of ongoing post-judgment infringement;
`
`
`
`4
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`

`

`Case 1:13-cv-00539-SLR Document 1 Filed 04/05/13 Page 5 of 5 PageID #: 5
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`
`
`D.
`
`A judgment and order finding that this is an exceptional case within the meaning
`
`of 35 U.S.C. § 285 and awarding to VOT its reasonable attorneys’ fees against
`
`Defendant;
`
`E.
`
`A judgment and order requiring Defendant to provide an accounting and to pay
`
`supplemental damages to VOT, including without limitation, pre-judgment and
`
`post-judgment interest; and
`
`F.
`
`Any and all other relief to which VOT may be entitled.
`
`DEMAND FOR JURY TRIAL
`
`VOT, under Rule 38 of the Federal Rules of Civil Procedure, requests a trial by jury of
`
`any issues so triable by right.
`
`
`Dated: April 5, 2013
`
`Of Counsel:
`
`Alexander C.D. Giza
`Marc A. Fenster
`RUSS, AUGUST & KABAT
`12424 Wilshire Boulevard 12th Floor
`Los Angeles, California 90025
`(310) 826-7474
`agiza@raklaw.com
`mfesner@raklaw.com
`
`
`
`
`
`BAYARD, P.A.
`
`/s/ Stephen B. Brauerman
`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
`Vehicle Operation Technologies LLC
`
`5
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`

`

`Case 1:13-cv-00539-SLR Document 1-1 Filed 04/05/13 Page 1 of 21 PageID #: 6
`Case 1:13-cv—00539-SLR Document 1-1 Filed 04/05/13 Page 1 of 21 PageID #: 6
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`
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`
`
`
`
`
`
`
`
`
`
`
`EXHIBIT A
`EXHIBITA
`
`

`

`Case 1:13-cv-00539-SLR Document 1-1 Filed 04/05/13 Page 2 of 21 PageID #: 7
`Case i=13-CV-00539'SLR D°°””‘e“t1'llllllllllllllllllllllllllllllMMfllllllflllflllflllfllfilll
`
`US007145442B1
`
`(12) United States Patent
`Us 7,145,442 B1
`(10) Patent No.:
`Wai
`(45) Date of Patent:
`Dec. 5, 2006
`
`(54) VEHICLE OPERATION DISPLAY SYSTEM
`
`(76)
`
`Inventor: Yu Hei Sunny Wai, 2282 Hastings Dr.,
`Belmont, CA (US) 94002
`
`( * ) Notice:
`
`Subject to any disclaimer, the term of this
`patent is extended or adjusted under 35
`U.S.C. 154(b) by 127 days.
`
`(21) Appl. No.: 10/684,031
`
`(22)
`
`Filed:
`
`Oct. 14, 2003
`
`5,949,330 A *
`5,949,345 A *
`6,398,688 B1
`6,493,623 B1
`6,497,301 B1
`6,603,393 B1
`6,721,634 B1 *
`
`............ 340/461
`9/1999 Hoffman et a1.
`............. 340/461
`9/1999 Beckert et al.
`6/2002 Brown et al. ........... 475/204
`12/2002 Nishida et al.
`........ 701/89
`12/2002 Iida et a1. ............... 180/249
`8/2003 Sumada et a1.
`...... 340/461
`4/2004 Hauler et al.
`............... 340/441
`
`
`
`* cited by examiner
`
`Primary ExamineriThomas Mullen
`
`(57)
`
`ABSTRACT
`
`(51)
`
`Int. Cl.
`(2006.01)
`B60Q 1/00
`(52) US. Cl.
`...................... 340/438; 340/440; 340/441;
`340/453; 340/461; 340/815.4
`(58) Field of Classification Search ........ 340/4597462,
`340/438, 440, 441, 453, 815.4, 815.45, 815.44,
`340/815.53, 691.1, 691.6, 521, 522, 691.3;
`701/29735; 345/33, 35740
`See application file for complete search history.
`
`(56)
`
`References Cited
`U.S. PATENT DOCUMENTS
`
`6/1986 Haubner et al.
`............ 340/461
`4,594,572 A *
`
`9/1996 Opel
`........................ 701/36
`5,555,502 A *
`
`..... 340/461
`.
`5,825,284 A * 10/1998 Dunwoody et al.
`................ 340/461
`5,880,710 A *
`3/1999 Jaberi et al.
`
`An apparatus, method, system and/or image editing process
`for presenting Visual displays to the driver of a motor vehicle
`regarding the real time operating condition of the vehicle
`systems and components. These include the anti-lock brak-
`ing system, the stability of the vehicle as to proximity to
`rolling over, the power consumed by vehicle components
`such as the heating system and lights and/or, for four-wheel
`drive vehicles, the torque and/or braking forces delivered to
`the wheels. The information is acquired from sensors and/or
`from signals generated by the vehicle and it processed by the
`vehicle CPU or, in another embodiment, by a display CPU,
`the information being presented in black and white or in
`color using an LED, LCD, vacuum fluorescent means,
`numerical display, gauge, meter or PDA.
`
`44 Claims, 10 Drawing Sheets
`
`11,77
`
`1 ,41
`
`5
`
`2,42
`
`
`
`

`

`Case 1:13-cv-00539-SLR Document 1-1 Filed 04/05/13 Page 3 of 21 PageID #: 8
`Case 1:13-cv-00539-SLR Document 1-1 Filed 04/05/13 Page 3 of 21 PageID #: 8
`
`U.S. Patent
`
`Dec. 5, 2006
`
`Sheet 1 of 10
`
`US 7,145,442 B1
`
`Vehicle Operation Display System
`
`Yu Hei Sunny Wai
`
`1 1.77
`
`11.77
`
`1""
`
`7
`
`14
`
`5
`7
`
`2,42
`
`30,75
`
`16,38
`
`16
`
`16
`
`Figure 1
`
`
`
`5mm“WI-Ii
`
`
`
`
`
`

`

`Case 1:13-cv-00539-SLR Document 1-1 Filed 04/05/13 Page 4 of 21 PageID #: 9
`Case 1:13-cv-00539-SLR Document 1-1 Filed 04/05/13 Page 4 of 21 PageID #: 9
`
`U.S. Patent
`
`Dec. 5, 2006
`
`Sheet 2 of 10
`
`US 7,145,442 B1
`
`Vehicle Operation Display System
`
`Yu Hei Sunny W31
`
`77
`
`11 ,49,
`
`11 49 77
`l
`l
`I
`
`'7,s/\
`
`41 ,42,43,44
`
`
`
`
`Figure 5B
`
`41,42,43,44
`
`7,8
`
`\
`
`11,49,77
`
`Figure SC
`
`Figure 5A
`
`41,42,43,44
`17
`
`“’77
`
`I
`
`41,42,43,44 I
`1%
`17
`
`11,77
`
`
`
`17
`17
`
`7.8
`
`17
`
`7’3
`
`17
`
`n
`
`/11,77
`41,42,43,44
`17
`
`'
`
`11\,77
`
`41,42,43,44
`
`17
`
`l
`
`\
`1,8
`
`1.,
`
`
`
`Figure 6A
`
`Figure 63
`
`Figure 7A
`
`Figure 7B
`
`

`

`Case 1:13-cv-00539-SLR Document 1-1 Filed 04/05/13 Page 5 of 21 PageID #: 10
`Case 1:13-cv-00539-SLR Document 1-1 Filed 04/05/13 Page 5 of 21 PageID #: 10
`
`U.S. Patent
`
`Dec. 5, 2006
`
`Sheet 3 of 10
`
`US 7,145,442 B1
`
`Vehicle Operation Display System
`
`Yu Hei Sunny Wai
`
`237514
`
`18
`
`22
`
`45
`
`46
`
`46
`
`45
`
`23,46,50
`
`i—EJ‘C'
`
`83
`
`Figure 10E
`
`1 1
`/
`
`t 75
`
`Figure 8A
`
`8
`
`50
`
`9
`
`23,423.50
`
`Figure 10A
`
`27
`
`A 51
`
`26
`23,46,50
`
`26
`
`Figure 103
`
`20,24,35
`’
`a
`
`20,24,35
`b
`
`8
`
`6
`
`
`
`1 1
`
`30
`
`Figure 9
`
`

`

`Case 1:13-cv-00539-SLR Document 1-1 Filed 04/05/13 Page 6 of 21 PageID #: 11
`Case 1:13-cv-00539-SLR Document 1-1 Filed 04/05/13 Page 6 of 21 PageID #: 11
`
`U.S. Patent
`
`Dec. 5, 2006
`
`Sheet 4 of 10
`
`US 7,145,442 B1
`
`Vehicle Operation Display System.
`
`Yu Hei Sunny Wai
`
` Figure 17D
`
`

`

`Case 1:13-cv-00539-SLR Document 1-1 Filed 04/05/13 Page 7 of 21 PageID #: 12
`Case 1:13-cv-00539-SLR Document 1-1 Filed 04/05/13 Page 7 of 21 PageID #: 12
`
`U.S. Patent
`
`Dec. 5, 2006
`
`Sheet 5 of 10
`
`US 7,145,442 B1
`
`Vehicle Operation Display System
`
`Yu Hei Sunny Wai
`
`
`
`Figure 193
`
`54
`
`50
`
`0
`
`Image
`
`Device
`
`Figure 10C
`
` Scalar
`
`
`I Module I Generation I Formating I
`
`72
`
`31
`
`79
`
`Figure 20
`
`

`

`Case 1:13-cv-00539-SLR Document 1-1 Filed 04/05/13 Page 8 of 21 PageID #: 13
`Case 1:13-cv-00539-SLR Document 1-1 Filed 04/05/13 Page 8 of 21 PageID #: 13
`
`U.S. Patent
`
`Dec. 5, 2006
`
`Sheet 6 of 10
`
`US 7,145,442 B1
`
`Vehicle Operation Display System
`
`Yu Hei Sunny Wai
`
`Figure 11A
`
`
` "A..l
`
`Figure 113
`
`29
`
`31
`
`31
`JIIIII.)
`
`

`

`Case 1:13-cv-00539-SLR Document 1-1 Filed 04/05/13 Page 9 of 21 PageID #: 14
`Case 1:13-cv-00539-SLR Docume