IN THE UNITED STATES DISTRICT COURT
`
`FOR THE EASTERN DISTRICT OF TEXAS
`
`TYLER DIVISION
`
`AMERICAN VEHICULAR SCIENCES LLC
`
`Plaintiff,
`
`v.
`
`AMERICAN HONDA MOTOR CO., INC.
`et al.
`
`Defendants.
`
`cmcmcmwzcmaommwacmrmrmwzunzmmwa
`
`CASE N OS.:
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`6:13—CV—00226—MHS-JDL (Lead)
`
`JURY TRIAL
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`AMERICAN VEHICULAR SCIENCES LLC’S DISCLOSURE OF ASSERTED CLAIMS
`
`AND INFRINGEMENT CONTENTIONS AND IDENTIFICATION OF DOCUMENT
`PRODUCTION ACCOMPANYING DISCLOSURE
`
`American Vehicular Sciences LLC (“AVS” respectfully serve their Disclosure of Asserted
`
`Claims and Infringement Contentions against American Honda Motor Co., Inc. and Honda of
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`America Manufacturing,
`
`Inc.
`
`(collectively,
`
`‘''Honda’’)
`
`and its Identification of Document
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`Production Accompanying Disclosure.
`
`AVS presents these Infringement Contentions based on AVS’ analysis of the facts
`
`currently known to it based on AVS’ review of certain publicly available information. AVS
`
`reserves the right to amend or further supplement these disclosures with additional information
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`learned in the course of discovery or further investigation.
`
`I.
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`INFRINGED CLAIMS — P.R. 3-1(a)
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`AVS asserts that
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`the Honda defendants infringe directly, contributorily, and/or by
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`inducement one or more of the flowing claims:
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`Honda Exhibit 1014
`Page 1
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`Honda Exhibit 1014
`Page 1
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`

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`- Claims 1, 2, 5, 6, 10, 17-22, 26, 27, 32, 40, and 61 of U.S. Patent No. 6,738,697 (“the
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`’697 Patent”);
`
`- Claims 1-7, 9, 11, 12, 14, 16, 17, 18, 19 of US. Patent No. 7,630,802 (“the ’802
`
`Patent”);
`
`- Claims 1-3, 5, 7-9, 13, 15, 16, 13, and 19 of U.s. Patent No. 7,650,210 (“the ’210
`
`Patent”);
`
`and
`
`- Claims 1-7, 13, and 20 of U.S. Patent No. 8,036,788 (“the ’788 Patent”);
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`AVS has identified these claims based on information currently known to it. Other
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`claims of the asserted patents include limitations based on certain discrete components of the
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`claimed apparatus or certain discrete steps of the claimed method that AVS has been unable to
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`definitively determine based on information currently known to AVS. AVS, however, believes
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`that discovery and further investigation may likely identify such additional claims that are
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`infringed by the Accused lnstrumentalities or use thereof, and AVS accordingly reserves the
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`right to supplement its identification of claims and other disclosures in the course of discovery or
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`further investigation.
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`II.
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`INDENTIFICATION or ACCUSED INSTRUMENTALITIES AND CLAIM
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`CHARTS — P.R 3-l(b)-(c)
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`Based on present information and belief, AVS contends that the Asserted Claims are
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`infringed by Honda—branded motor vehicles and/or Aeura-branded motor vehicles of various
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`versions and model years (collectively “Honda Vehicles”), having the functionality described in
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`the provided claim charts that have been made, used, sold, offered for sale, or imported by
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`Honda and/or that have otherwise been used as intended by Honda.
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`Attached as Exhibits A—D, and incorporated herein in their entirety, are charts identifying
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`how each element of the Asserted Claims is met by various features or funetionalities possessed
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`Honda Exhibit 1014
`Page 2
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`Honda Exhibit 1014
`Page 2
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`

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`by Kia Vehicles or implicated by the use of Honda Vehicles (Accused Instrumentalities).
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`In
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`certain instances,
`
`the
`
`claim charts
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`identify the
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`features
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`and
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`functionality (Accused
`
`Functicnalities) by a Feature or Option name that AVS has determined Honda uses for the
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`described features and functionalities. Similarly, in certain instances, the claim charts identify
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`certain Accused lnstrumentalities that AVS has determined possess the described Accused
`
`Functionalities. Based on current
`
`information and belief, AVS understands the Accused
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`Funetionalities operate identically or substantially in the same manner
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`for all Accused
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`lnstrumentalities, at least with respect to the elements of the asserted claims. Even without an
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`exhaustive identification of every model and model/trim version and model year that possess the
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`described features and functionalities, the descriptions of the features and functionalities in the
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`provided claim charts provide Honda with sufficient information to identify the Features and
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`Options implicated by AVS’ contentions as well as the Models and Model Versions and their
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`associated Model Years implicated by AV S’ contentions.
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`Unless otherwise indicated,
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`the information provided that corresponds to each claim
`
`element is considered to indicate that each claim element is found within each of the above-
`
`described models and/or versions of the Accused lnstrumentalities. To the extent discovery later
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`shows that operation of the Accused Functionality differs, at least with respect to the elements of
`
`the asserted claims, for various Accused lnstrumentalities, AVS reserves the right to amend or
`
`further supplement
`
`these contentions with additional
`
`information learned in the course of
`
`discovery or further investigation.
`
`As described further in the provided claim chart, Exhibit A, AVS accuses various Honda
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`Vehicles and the use of these Vehicles, including but not limited to various model years and trim
`
`levels of Honda Vehicles, including the 2006-2013 RL, 2009-2013 TL, 2009-2013 MDX, 2009-
`
`2013 RDX, 2010-2013 ZDX, 2013 ILX, 2009-2013, TSX, 2011-2013 TSX SW products, that
`
`Honda Exhibit 1014
`Page 3
`
`Honda Exhibit 1014
`Page 3
`
`

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`include vehicle diagnostic systems,
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`including but not limited to the Acura Link system, of
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`infringing at least claims 1, 2, 5, 6, 10, 17-22, 26, 27, 32, 40, and 6] of the ’697 Patent.
`
`As described further in the provided claim chart, Exhibit B, AVS accuses various Honda
`
`Vehicles and the use of these Vehicles, including but not limited to various model years and trim
`
`levels of Honda Vehicles, including the 2006-2013 RL, 2009-2013 TL, 2009-2013 MDX, 2009-
`
`2013 RDX, 2010-2013 ZDX, 2013 ILX, 2009-2013, TSX, 2011-2013 TSX SW products, that
`
`include vehicle diagnostic systems,
`
`including but not limited to the Acura Link system, of
`
`infringing at least claims 1-7, 9, 11, 12, 14, 16, 17, 18, and 19 of the ’802 Patent.
`
`As described further in the provided claim chart, Exhibit C, AVS accuses various Honda
`
`Vehicles and the use of these Vehicles, including but not limited to various model years and trim
`
`levels of Honda Vehicles, including the 2006-2013 RL, 2009-2013 TL, 2009-2013 MDX, 2009-
`
`2013 RDX, 2010-2013 ZDX, 2013 lLX, 2009-2013, TSX, 2011-2013 TSX SW products, that
`
`include vehicle diagnostic systems,
`
`including but not limited to the Acura Link system, of
`
`infringing at least claims 1-3, 5, 7-9, 13, 15, 16, 18, and 19 of the ’2l0 Patent.
`
`As described further in the provided claim chart, Exhibit D, AVS accuses various Honda
`
`Vehicles and the use ofthesc Vehicles, including the 2006-2013 RL, 2009-2013 TL, 2009-2013
`
`MDX, 2009-2013 RDX, 2010-2013 ZDX, 2013 ILX, 2009-2013, TSX, 2011-2013 TSX SW
`
`products, that include vehicle diagnostic systems, including but not limited to the Acura Link
`
`system, ofinfringing at least claims 1-7, 13, and 20 of the ’788 Patent.
`
`III.
`
`IDENTIFICATION OF TYPE OF INFRINGEMENT ASSERTED - P.R 3-1(d)
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`AVS contends that the each element of each asserted claim is literally present for the
`
`Accused Instrumentalities.
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`In the alternative, with respect to any claim limitation that may be
`
`found not to be literally met for the Accused lnstrumentalities, however, AVS contends that
`
`these elements are present under the doctrine of equivalents.
`
`Honda Exhibit 1014
`Page 4
`
`Honda Exhibit 1014
`Page 4
`
`

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`IV.
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`PRIORITY DATES OF ASSERTED CLAIMS —P.R. 3-1(e)
`
`U.S. Patent Application No. 10/188,673 filed on July 3, 2002 resulted in the ‘697 Patent.
`
`The 10/188,673 application claims priority to US; Patent Application No. 08/476,077 filed on
`
`June 7, 1995, now US. Patent No. 5,809,437. The 10/188,673 application also claims priority to
`
`US. Patent Application No. 09/753,186 filed on January 2, 2001, now U.S. Patent No.
`
`6,484,080. The 10/188,673 application also claims priority to U.S. Patent Application No.
`
`10/174,709 filed on June 19, 2002, now US. Patent No. 6,735,506. Claims 1, 2, 5, 6, 10, 17, 18,
`
`21, 22, 26, 27, 32, and 61 of the ‘697 Patent have an effective filing date of June 7, 1995. Claims
`
`19, 20, and 40 ofthe ‘697 Patent have an effective filing date of June 19, 2002.
`
`US. Patent Application No.
`
`1 1/422,240 filed on June 5, 2006 resulted in the ‘802 Patent.
`
`The ll/422,240 application claims priority to US. Patent Application No. 08/476,077 filed on
`
`June 7, 1995, now U.S. Patent No. 5,809,437. Claims 1-7, 9, ll, 12, 14, 16, 17, 18, and 19 ofthe
`
`‘802 Patent have an effective filing date of June 7, 1995.
`
`U.S. Patent Application No. 11/464,288 filed on August 14, 2006 resulted in the ‘210
`
`Patent. The l1/464,288 application claims priority to U .S. Patent Application No. 08/476,077
`
`filed on June 7, 1995, now US. Patent No. 5,809,437. Claim 12 of the 210 patent has an
`
`effective filing date of August. 14, 2006. Claims 1-3, 5, 7-9, 13, 15, 16, 18, and 19 of the ‘210
`
`Patent have an effective filing date of June 7, 1995.
`
`US. Patent Application No. 11/836,274 liled on August 9, 2007 resulted in the ‘788
`
`Patent. The 11/836,274 application claims priority to U.S. Patent Application No. 08/476,077
`
`filed on June 7, 1995, now U.S. Patent No. 5,809,437. Claims 1-7, 13, and 20 ofthe ‘788 Patent
`
`have an effective filing date of June 7, 1995.
`
`V.
`
`PLAINTIFF’S PRODUCTS ~ P.R. 3—1(t)
`
`AVS is not presently relying on any assertion that its own apparatus, product, device,
`
`process, method, act, or other instrumentality practices the claimed inventions.
`
`Honda Exhibit 1014
`Page 5
`
`Honda Exhibit 1014
`Page 5
`
`

`

`VI.
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`DOCUMENT PRODUCTION ACCOMPANYING DISCLOSURE
`
`A.
`
`Documents Responsive to P.R. 3—2(a)
`
`AVS is presently unaware of any relevant, non—privileged documents responsive to P.R.
`
`3—2(a). AVS will supplement this response should any relevant, non—privilegcd documents be
`
`identified in the future.
`
`B.
`
`Documents Responsive to P.R. 3-2(b)
`
`AVS is presently unaware of any relevant, non—privileged documents responsive to P.R.
`
`3—2(b). AVS will supplement this response should any relevant, non—privileged documents be
`
`identified in the future.
`
`C.
`
`Documents Responsive to P.R. 3-2(e)
`
`Pursuant to PR. 3-2(c), copies of the file histories of the AVS patents for the Consolidate
`
`Cases are being produced under Bates Numbers AVSFHOOOOOOOI — AVSFHO005 8395.
`
`VII. CONCLUSION
`
`The information contained in these disclosures is based on AVS’ analysis of the facts
`
`currently known to it based on AVS° review of publicly information reasonably available to it.
`
`Pertinent
`
`information about Defendants’ Accused lnstrumentalities is not available without
`
`engaging in further discovery. Thus, AVS reserves the right to supplement, modify, and/or
`
`amend these disclosures as new information becomes available and discovery progresses. AVS
`
`anticipates that additional facts and relevant documents will be uncovered that will warrant
`
`supplementing and/or amending these disclosures.
`
`Honda Exhibit 1014
`Page 6
`
`Honda Exhibit 1014
`Page 6
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`

`

`Resgeexfullyr
`1«’"‘~-~~--.. :3
`#7 6% ‘
`fl.s*Ij:enietiios An fiaalghs
`éw-“"1 exas Bar N .__MQy(_)»7l93 258
`danaipakos@azalaw.eom
`Amir Alavi
`
`
`
`Texas Bar No. 00793239
`
`aa1avi@aza1aW.com
`Steven J. Mitby
`Texas Bar No. 24037123
`
`smitby@azalaw.eom
`Brian E. Simmons
`
`Texas Bar No. 24004922
`
`bsimmons@azalaw.eom
`AHMAD, ZAV1TsA.\1os, AXIAIPAKOS, ALAVI &
`MENSING, PC.
`
`1221 McKinney Street, Suite 3460
`Houston, TX 77010
`'I‘elephone: 713-655-1101
`Facsimile: 713-655-0062
`
`T. John Ward, Jr.
`Texas Bar No. 00794818
`
`_jW@wsfirm.eom
`Wesley Hill
`Texas Bar No. 24032294
`
`wh@wsfirm.eom
`WARD & SMITH LAW FIRM
`
`1127 Judson Road, Suite 220
`Longview, TX 75601
`Telephone: (903) 757-6400
`Facsimile: (903) 757-2323
`
`A TTORNEYS FOR PLAINTIFF
`
`Honda Exhibit 1014
`Page 7
`
`DATED: July 22, 2013
`
`Honda Exhibit 1014
`Page 7
`
`

`

`CERTIFICATE OF SERVICE
`
`I hereby cerfify that a true and correct copy of the above and foregoing document has been
`
`served on counsel ofrecord as indicated below on the 22<t(‘1‘,1r'da§;/I ofJu.1f,.~~2.Q}1 3.
`
`0
`72*’/’o..,.i
`E. Sim}1a’6i;s
`
`&..
`
`I
`
`L.m’/
`
`By U.S. Mail
`
`Joseph Beauehamp
`Jones Day — Houston
`717 Texas
`
`Suite 3300
`
`Houston, TX 77002
`832-239-3939
`
`832-239-3600 (fax)
`
`Q
`
`Honda Exhibit 1014
`Page 8
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`Honda Exhibit 1014
`Page 8
`
`