`AMERICAN VEHICULAR SCIENCES
`LLC
`
`
`
`
`
`
`MERCEDES-BENZ U.S.
`INTERNATIONAL, INC. AND
`MERCEDES-BENZ USA, LLC
`
`
`
`
` Plaintiff,
`
`v.
`
`
`
`Defendants.
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TYLER DIVISION
`
`
`
`
`
`
`
`Civil Action No. 6:13-cv-310-MHS
`
`
`
`
`JURY TRIAL REQUESTED
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`
`
`AMERICAN VEHICULAR SCIENCES LLC’S PR 3-1 DISCLOSURE OF ASSERTED
`CLAIMS AND INFRINGEMENT CONTENTIONS AND PR 3-2 IDENTIFICATION OF
`DOCUMENT PRODUCTION ACCOMPANYING DISCLOSURE
`
`Pursuant to Local Patent Rules 3-1 and 3-2, Plaintiff American Vehicular Sciences LLC
`
`(“AVS”) hereby provides its Disclosure of Asserted Claims and Infringement Contentions
`
`against Defendants Mercedes-Benz U.S. International, Inc. and Mercedes-Benz USA, LLC
`
`(collectively “Mercedes”) and its Identification of Document Production Accompanying
`
`Disclosure.
`
`AVS presents these Infringement Contentions based on AVS’s analysis of the facts
`
`currently known to it based on AVS’s review of certain publicly available information. AVS’s
`
`statements concerning Mercedes’ accused products are based on publicly available materials
`
`which identify and described Mercedes’ products with diagnostic telematics and automatic
`
`collision notification technology including but not limited to the technology referred to by
`
`Mercedes as mbrace, mbrace2, and/or PRE-SAFE® technology. At this time, AVS has had no
`
`discovery to date from Mercedes. Accordingly, AVS reserves the right to supplement or alter its
`
`1
`
`Mercedes-Benz USA, LLC, Petitioner - Ex. 1009
`
`

`

`disclosure herein based on additional information obtained through formal discovery or other
`
`means concerning Mercedes’ products.
`
`I.
`
`INFRINGED CLAIMS- P.R. 3-1(a)
`
`AVS asserts that Mercedes infringe directly, contributorily, and/or by inducement one or
`
`more of the flowing claims:
`
`Claims 1, 2, 5, 6, 10, 18-22, 26, 27, 32, 40, 61 of United States Patent No. 6,738,697 B2
`
`(“the ’697 Patent”).
`
`Claims 1-8, 11-14, 16-19 of United States Patent No. 7,630,802 B2 (“the ’802 Patent”).
`
`AVS has identified these claims based on information currently known to it. Other claims
`
`of the asserted patents include limitations based on certain discrete components of the claimed
`
`apparatus or certain discrete steps of the claimed method that AVS has been unable to
`
`definitively determine based on information currently known to AVS. AVS, however, believes
`
`that discovery and further investigation may likely identify such additional claims that are
`
`infringed by the Accused Instrumentalities or use thereof, and AVS accordingly reserves the
`
`right to supplement its identification of claims and other disclosures in the course of discovery or
`
`further investigation.
`
`II.
`
`
`INDENTIFICATION OF ACCUSED INSTRUMENTALITIES AND CLAIM
`CHARTS- P.R 3-1(b)-(c)
`
`Based on present information and belief, AVS contends that the Asserted Claims are
`
`infringed by Mercedes motor vehicles of various versions and model years (“Mercedes
`
`Vehicles”), having the functionality described in the provided claim charts that have been made,
`
`used, sold, offered for sale, or imported by Mercedes and/or that have otherwise been used as
`
`intended by Mercedes (“Accused Instrumentalities”).
`
` 
`
`2 
`
`2
`
`

`

`Attached as Exhibit A (the ’697 Patent Infringement Chart) and Exhibit B (the ’802
`
`Patent Infringement Chart), and incorporated herein in their entirety, are charts identifying where
`
`each element of the Asserted Claims is met by various features or functionalities possessed by a
`
`representative Mercedes Vehicle or implicated by the use of Mercedes Vehicles (Accused
`
`Instrumentalities). In certain instances, the claim charts identify the features and functionality by
`
`a Feature or Option name that AVS has determined Mercedes uses for the described features and
`
`functionalities. Other Features or Options with different names may be used within or by
`
`Mercedes to describe the same or similar features and functionalities. Similarly, in certain
`
`instances, the claim charts identify certain models of Mercedes Vehicles that AVS has
`
`determined possess the described features and functionalities. AVS has not, however, determined
`
`every model and model version that possesses the described features and functionalities, nor has
`
`AVS determined for each model and model version the model years in which the model and
`
`model versions possessed the described features and functionalities. The descriptions of the
`
`features and functionalities in the provided claim charts provide Mercedes with sufficient
`
`information to identify the Features and Options implicated by AVS’s contentions as well as the
`
`Models and Model Versions and their associated Model Years implicated by AVS’s contentions.
`
`AVS contends that any other Accused Instrumentality functions and/or operates in
`
`substantially the same manner as shown in the representative chart, thereby infringing the
`
`Asserted Claims. Unless otherwise indicated, 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 Mercedes’ Accused Instrumentalities.
`
`As described further in the provided claim charts, Exhibits A and B, AVS accuses various
`
`Mercedes Vehicles (Model Year 2010 and thereafter and various trim levels) equipped with
`
` 
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`3 
`
`3
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`

`

`diagnostic telematics and automatic collision notification technology including but not limited to
`
`the technology referred to by Mercedes mbrace, mbrace2, and/or PRE-SAFE® technology,
`
`which includes but is not limited to the E-Class Coupe, E-Class Sedan, E-Class Cabriolet, E-
`
`Class Wagon, E-Class Convertible, C-Class Sedan, C-Class Wagon, CL-Class Coupe, CLS-
`
`Class Couple, CLK-Class Coupe, CLK-Class Convertible, GLK-Class SUV, GL-Class SUV, G-
`
`Class SUV, M-Class SUV, R-Class Crossover, S-Class Sedan, SL-Class Roadster, SLK-Class
`
`Roadster, and SLS AMG of infringing at least claims 1, 2, 5, 6, 10, 18-22, 26, 27, 32, 40, 61 of
`
`the ’697 Patent and claims 1-8, 11-14, 16-19 of the ’802 Patent.
`
`III. IDENTIFICATION OF TYPE OF INFRINGEMENT ASSERTED- P.R 3-1(d)
`
`At this time, AVS knows of no specific limitations of the asserted claims where
`
`infringement depends on the doctrine of equivalents. AVS expressly reserves the right to
`
`modify, augment, and/or supplement its assertion of infringement under the doctrine of
`
`equivalents of any elements of any of the asserted claims after discovery from Mercedes and/or
`
`third parties and/or after this Court has set forth its construction of the asserted claims.
`
`IV. 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 U.S. Patent Application No. 08/476,077 filed on
`
`June 7, 1995, now U.S. Patent No. 5,809,437. The 10/188,673 application also claims priority to
`
`U.S. 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 U.S. Patent No. 6,735,506. Claims 1, 2, 5, 6, 10, 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 of the ’697 Patent have an effective filing date of June 19, 2002.
`
` 
`
`4 
`
`4
`
`

`

`U.S. Patent Application No. 11/422,240 filed on June 5, 2006 resulted in the ’802 Patent.
`
`The 11/422,240 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 1-8, 11-14, 16-19 of the ’802 Patent have
`
`an effective filing date of June 7, 1995.
`
`V. PLAINTIFF'S PRODUCTS- P.R. 3-1(f)
`
`AVS is not presently relying on any assertion that its own apparatus, product, device,
`
`process, method, act, or other instrumentality practices the claimed inventions.
`
`VI. DOCUMENT PRODUCTION ACCOMPANYING DISCLOSURE
`
`Pursuant
`
`to Patent Rule 3-2, AVS hereby provides
`
`its Document Production
`
`Accompanying Disclosure along with an identification of the categories to which each of the
`
`documents corresponds.
`
`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-privileged 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(c)
`
`Pursuant to P.R. 3-2(c), copies of the file histories of the five AVS patents asserted in
`
`Action Nos. 6:13cv307-MHS, 6:13cv308-MHS, 6:13cv309-MHS, and 6:13cv310-MHS, as well
`
` 
`
`5 
`
`5
`
`

`

`as the file histories for patents to which they are related and/or claim priority, are being
`
`concurrently produced in all actions under Bates Numbers AVSFH0000000l - AVSFH00058395.
`
`VII. CONCLUSION
`
`The information contained in these disclosures is based on AVS’s analysis of the facts
`
`currently known to it based on AVS’s review of publicly information reasonably available to it.
`
`Pertinent information about Mercedes’ Accused Instrumentalities 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.
`
`
`
`DATED: July 22, 2013
`
`
`
`
`
`
`
`Respectfully submitted,
`
`
`
`/s/ Miranda Y. Jones
`Michael F. Heim (Texas Bar No. 09380923)
`Miranda Y. Jones (Texas Bar No.
`24065519)
`Robert A. Bullwinkel (Texas Bar No.
`24064327)
`HEIM, PAYNE & CHORUSH, LLP
`600 Travis, Suite 6710
`Houston, TX 77002
`Tel: 713-221-2000
`Fax: 713-221-2021
`
`Wesley Hill
`State Bar No. 24032294
`T. John Ward, Jr.
`State Bar No. 00794818
`WARD & SMITH LAW FIRM
`1127 Judson Road, Suite 220
`Longview, Texas 75601
`Tel: 903-757-6400
`
` 
`
`6 
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`6
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`Fax: 903-757-2323
`
`ATTORNEYS FOR PLAINTIFF
`AMERICAN VEHICULAR SCIENCES
`LLC
`
` 
`
`7 
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`7
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`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that all counsel of record are being served with a copy
`
`of this document by e-mail on July 22, 2013.
`
`
`
`
`
`
`
`
`
`
`
`/s/ Miranda Y. Jones
`Miranda Y. Jones
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`14881-v1/1079-0010
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`8
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`
`EXHIBIT A
`
`EXHIBIT A
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`1
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`9
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`EXHIBIT A
`
`Infringement Claim Chart for U.S. Patent No. 6,738,697
`
`The Features/Options primarily relied upon in this chart are the diagnostic telematics and automatic collision notification technology. On
`
`present information and belief, AVS understands such technology is encompassed in the technology referred to by Mercedes as mbrace and mbrace2
`
`systems (collectively referred to as “mbrace”) and/or PRE-SAFE® systems, which are/have been offered either as a stand-alone feature/option on
`
`Mercedes-branded vehicles—or as part of other packages—since at least Model Year 2010. Further, on information and belief, AVS understands
`
`that the vehicle diagnostic and automatic collision notification systems as provided on various Mercedes-branded vehicles operate identically or
`
`substantially in the same manner for all such Mercedes-branded vehicles, at least with respect to the elements of the asserted claims. Accordingly,
`
`this chart may rely on information obtained with respect to the use of the vehicle diagnostic and automatic collision notification systems in specific
`
`Mercedes-branded vehicles.
`
`To the extent discovery later shows that operation of the vehicle diagnostic and automatic collision notification systems differ between
`
`different Mercedes-branded vehicle models or model years, at least with respect to the elements of the asserted claims, AVS reserves the right to
`
`amend or further supplement these contentions with additional information learned in the course of discovery or further investigation. Moreover,
`
`based on AVS current information, the full extent to which the vehicle diagnostic and automatic collision notification systems interact with or work
`
`in conjunction with or in parallel to other Mercedes systems, is not known. Such “interactions,” if determined to exist in discovery or further
`
`investigation, could provide alternative bases for infringement of the identified claims or bases for infringement of additional claims. For all these
`
`reasons, AVS reserves the right to amend or further supplement these contentions with additional information learned in the course of discovery or
`
`further investigation
`
`2
`
`10
`
`

`

`Based on the information presently available to it, AVS contends that Mercedes directly infringes United States Patent No. 6,738,697 (“the
`
`’697 Patent”) by making, using, selling or offering to sell within the United States, or importing into the United States, Mercedes-branded vehicles
`
`including but not limited to Model Year 2010 and thereafter and various trim levels of Mercedes Vehicles, including but not limited to the A-Class,
`
`B-Class, E-Class Coupe, E-Class Sedan, E-Class Cabriolet, E-Class Wagon, E-Class Convertible, C-Class Sedan, C-Class Wagon, CL-Class Coupe,
`
`CLS-Class Couple, CLK-Class Coupe, CLK-Class Convertible, GLK-Class SUV, GL-Class SUV, G-Class SUV, M-Class SUV, R-Class Crossover,
`
`S-Class Sedan, SL-Class Roadster, SLK-Class Roadster, and SLS AMG that include vehicle diagnostic and automatic collision notification systems
`
`including but not limited to the mbrace or mbrace2 technology (“Accused Instrumentalities”). AVS also contends that Mercedes indirectly infringes
`
`the ’697 Patent by actively inducing and contributing to its customers’ direct infringement of the asserted claims.
`
`’697 Claim 1
`1. [pre] A vehicle,
`comprising:
`[a] a diagnostic system
`arranged on the vehicle
`to diagnose the state of
`the vehicle or the state
`of a component of the
`vehicle and generate an
`output indicative or
`representative thereof;
`and
`
`Elements in Accused Instrumentality
`Based on information and belief, AVS contends that the Accused Instrumentalities comprise a vehicle.
`
`Based on information and belief, AVS contends that the Accused Instrumentalities comprise a diagnostic system arranged
`on the vehicle to diagnose the state of the vehicle or the state of a component of the vehicle and generate an output
`indicative or representative thereof.
`
`The Accused Instrumentalities include a diagnostic system that diagnoses the state of various components such as , inter
`alia, (1) oil level and “oil quality,” (2) air pressure, (3) maintenance (4) brakes, (5) tire pressure, (6) battery voltage, (7)
`other fluid levels, and (8) fuel filter:
`
`3
`
`11
`
`

`

`’697 Claim 1
`
`Elements in Accused Instrumentality
`
`http://www.mbusa.com/vcm/
`MB/DigitalAssets/pdfmb/own
`ersmanual/2014_E_Sedan_Wa
`gon.pdf at 329.
`
`
`
`
`“Sensors inside the tyres monitor air pressure and air temperature and output corresponding messages in case of a
`decrease in pressure in one or more tyres . . . These data are sent at regular intervals by wireless transmission to a
`receiving antenna on the underbody and relayed to the control unit. If desired, the tyre pressures can be shown on
`the multifunction display.”
`
`http://techcenter.mercedes-benz.com/_en/tyre_pressure_monitoring/detail.html; see also
`http://techcenter.mercedes-benz.com/en/tyre_pressure_warning/detail.html
`
`“Mbrace will send them [roadside specialists] with vital information such as tire pressure, fluid levels, battery
`voltage, and much more. This helps them try to identify the problem and in some cases even solve in on the spot.
`And if they can’t they’ll dispatch one of our own roadside assistance vehicles and a technician right to your
`location.”
`
`http://www.youtube.com/watch?v=lAKjpRlUqzw&list=PLKgHYmJ8Qq3KjTGmLrEuSERtRgZv6VvjT&index=
`13
`
`
`4
`
`12
`
`

`

`’697 Claim 1
`
`Elements in Accused Instrumentality
`
` 
`“Regular Scheduled Maintenance”; “Tire Pressure”; “Battery Voltage”; “Oil Level”; “Oil Quality”; “Remaining
`Oil Life”
` 
`http://www.youtube.com/watch?v=6zBjJmt2W90
`
`
` 
`
`5
`
`13
`
`

`

`’697 Claim 1
`
`Elements in Accused Instrumentality
`
` 
`
` 
`“Regular Scheduled Maintenance”; “Tire Pressure”; “Battery Voltage.” Also note the washer fluid level indicator
`in the upper right of the screen.
`
`http://www.youtube.com/watch?v=6zBjJmt2W90
`
`Monthly vehicle health reports are generated and sent via email. Mobile diagnostic reports can also be generated on
`demand via a smartphone:
`
`
`“Mbrace2 can send you a health report right to your email every month. And mbrace2 robo-diagnostics lets you
`check in from your smartphone anytime.”
`
`http://www.youtube.com/watch?v=6zBjJmt2W90
`http://www.mbusa.com/vcm/MB/DigitalAssets/pdfmb/ownersmanual/2014_E_Sedan_Wagon.pdf at 329. 
`
`In addition, the Accused Instrumentalities include automatic collision notification technology, which comprises a
`diagnostic system that diagnoses a state of the vehicle, e.g., whether a collision has occurred, and generates an output
`6
`
`14
`
`

`

`’697 Claim 1
`
`Elements in Accused Instrumentality
`indicating that the occurrence of a collision, e.g., an automatic collision notification.
`
`“The Telematics Control Unit (TCU) instantly receives a signal that the vehicle has been in an accident. . . . In-
`vehicle collision sensors detect an accident and insantly signal the TCU.”
`
`http://mbrace.mbusa.com/pub164/Images/ACN_FactSheet_4-9-12_tcm164-542.pdf
`
`http://www.mbusa.com/vcm/MB/DigitalAssets/pdfmb/serviceandparts/seatbelts_airbags.pdf
`
`
`
`
`7
`
`15
`
`

`

`’697 Claim 1
`
`Elements in Accused Instrumentality
`
`
`http://www.mbusa.com/vcm/MB/DigitalAssets/pdfmb/mbraceservicebrochures/ACN_FactSheet_4-9-12_tcm141-
`1308.pdf
`
`Based on information and belief, AVS contends that the Accused Instrumentalities comprise a communications device
`coupled to the diagnostic system and arranged to automatically establish a communications channel between the vehicle
`and a remote facility without manual intervention and wirelessly transmit the output of said diagnostic system to the
`remote facility.
`
`
`
`The Accused Instrumentalities automatically and wirelessly communicate the output of the diagnostic system to (1) the
`vehicle owner or (2) a service provider:
`
`[b] a communications
`device coupled to said
`diagnostic system and
`arranged to
`automatically establish
`a communications
`channel between the
`vehicle and a remote
`facility without manual
`intervention and
`wirelessly transmit the
`output of said
`diagnostic system to the
`remote facility.
`
`8
`
`16
`
`

`

`’697 Claim 1
`
`Elements in Accused Instrumentality
`
`
`http://www.cms.daimler.com/Projects/c2c/channel/documents/1832868_TECHNICITY_1_2010_ENG.pdf
`
`
`
`http://www.mbusa.com/mercedes/mbrace/remote_access; http://www.mbusa.com/mercedes/mbrace2
`
`
`9
`
`17
`
`

`

`’697 Claim 1
`
`Elements in Accused Instrumentality
`
`http://technicity.daimler.com/en/mbrace2-services/
`
`
`
`
`The Agent Dashboard provides roadside assistance with “a complete diagnostics report.”
`
`http://www.youtube.com/watch?v=6zBjJmt2W90
`
`
`
`10
`
`18
`
`

`

`’697 Claim 1
`
`Elements in Accused Instrumentality
`
`
`“Mbrace will send them [roadside specialists] with vital information such as tire pressure, fluid levels, battery
`voltage, and much more. This helps them try to identify the problem and in some cases even solve in on the spot.
`And if they can’t they’ll dispatch one of our own roadside assistance vehicles and a technician right to your
`location.”
`
`http://www.youtube.com/watch?v=lAKjpRlUqzw&list=PLKgHYmJ8Qq3KjTGmLrEuSERtRgZv6VvjT&index=
`13
`
`
`In addition, the Accused Instrumentalities include automatic collision notification:
`
`
`“[T]he Telematics Control Unit (TCU) instantly receives a signal that the vehicle has been in an accident. . . . The
`TCU immediately relays the vehicle position to the Mercedes Emergency Response Center to initiate the
`appropriate response to the incident.”
`
` http://mbrace.mbusa.com/pub164/Images/ACN_FactSheet_4-9-12_tcm164-542.pdf
`
`
`
`“. . . since mbrace is fully integrated with the electronics and GPS system built into your vehicle, it automatically
`transmits your location and other information so we can serve you better and more quickly. . . And if an airbag or
`seatbelt tensioner is activated your car will automatically place the SOS call for you.”
`
`http://www.youtube.com/watch?v=lAKjpRlUqzw&list=PLKgHYmJ8Qq3KjTGmLrEuSERtRgZv6VvjT&index=
`13
`
`
`The diagnostic data is transmitted wirelessly:
`
`
`
`11
`
`19
`
`

`

`’697 Claim 1
`
`Elements in Accused Instrumentality
`
`
`
`http://www.mbusa.com/vcm/MB/DigitalAssets/pdfmb/brochures/mbrace-Brochure.pdf
`
`
`The automatic collision notification technology also operates wirelessly:
`
`
`
`
`
`http://www.mbusa.com/vcm/MB/DigitalAssets/pdfmb/mbraceservicebrochures/ACN_FactSheet_4-9-12_tcm141-
`12
`
`
`
`20
`
`

`

`’697 Claim 1
`
`
`
`1308.pdf
`
`
`
`Elements in Accused Instrumentality
`
`The diagnostic system of the Accused Instrumentalities include sensors that gather data pertaining to various components
`such as , inter alia, (1) oil level and “oil quality,” (2) air pressure, (3) maintenance (4) brakes, (5) tire pressure, (6) battery
`voltage, (7) other fluid levels, and (8) fuel filter.1 On information and belief, AVS contends that at least some of such
`sensors provide “a state of said sensor or a measurement related to a state of the mounting location”:
`
`Elements in Accused Instrumentality
`Based on information and belief, AVS contends that each of the Accused Instrumentalities comprises a plurality of
`vehicle sensors mounted on the vehicle, each of said sensors providing a measurement related to a state of said sensor or a
`measurement related to a state of the mounting location and a processor coupled to said sensors and arranged to receive
`data from said sensors and process the data to generate the output indicative or representative of the state of the vehicle or
`the state of a component of the vehicle.
`
`’697 Claim 2
`2. The vehicle of claim
`1, wherein said
`diagnostic system
`comprises a plurality of
`vehicle sensors
`mounted on the vehicle,
`each of said sensors
`providing a
`measurement related to
`a state of said sensor or
`a measurement related
`to a state of the
`mounting location and
`a processor coupled to
`said sensors and
`arranged to receive data
`from said sensors and
`process the data to
`generate the output
`indicative or
`representative of the
`state of the vehicle or
`the state of a
`component of the
`vehicle.
`                                                            
`1
`At this time, AVS does not have sufficient information to determine whether the diagnostic system of the Accused Instrumentalities uses
`sensors that are part of Mercedes’ PRE-SAFE® system to gather diagnostic data. AVS reserves the right to supplement this information and its
`identification of claims and other disclosures in the course of discovery or further investigation.
`
`13
`
`21
`
`

`

`’697 Claim 2
`
`Elements in Accused Instrumentality
`
`http://www.mbusa.com/vcm/
`MB/DigitalAssets/pdfmb/own
`ersmanual/2014_E_Sedan_Wa
`gon.pdf at 329.
`
`
`
`
`“Sensors inside the tyres monitor air pressure and air temperature and output corresponding messages in case of a
`decrease in pressure in one or more tyres . . . These data are sent at regular intervals by wireless transmission to a
`receiving antenna on the underbody and relayed to the control unit. If desired, the tyre pressures can be shown on
`the multifunction display.”
`
`http://techcenter.mercedes-benz.com/_en/tyre_pressure_monitoring/detail.html; see also
`http://techcenter.mercedes-benz.com/en/tyre_pressure_warning/detail.html
`
`
`
`In addition, the automatic collision notification technology of the Accused Instrumentalities comprises airbag-related
`sensors and crash sensors; AVS contends that at least some of such sensors provide “a state of said sensor or a
`measurement related to a state of the mounting location”:
`
`14
`
`22
`
`

`

`’697 Claim 2
`
`Elements in Accused Instrumentality
`
`http://www.mbusa.com/vcm/MB/DigitalAssets/pdfmb/serviceandparts/seatbelts_airbags.pdf
`
`See also claim element 1.a.
`
`The data gathered by the sensors is processed to generate a diagnostic report which is indicative of the state of the vehicle
`or the state of a component of the vehicle. The creation of such a diagnostic report indicates the presence of a processor
`coupled to and arranged to receive data from the sensors and process the data.
`
`
`
`
`15
`
`23
`
`

`

`’697 Claim 2
`
`Elements in Accused Instrumentality
`
`
`“Mbrace2 can send you a health report right to your email every month. And mbrace2 robo-diagnostics lets you
`check in from your smartphone anytime.”
`
`http://www.youtube.com/watch?v=6zBjJmt2W90
`
`
`
`16
`
`24
`
`

`

`’697 Claim 2
`
`Elements in Accused Instrumentality
`
`
`
`
`
`The Agent Dashboard provides “roadside specialists” with “a complete diagnostics report” which “gives them a
`head start on taking care of you.”
`
`http://www.youtube.com/watch?v=6zBjJmt2W90
`See also claim element 1.a.
`
`In addition, the automatic collision notification technology of the Accused Instrumentalities creates a collision report
`which relays data obtained from the sensors including, inter alia, GPS information. The automatic collision notification
`technology’s ability to determine whether the data received is severe enough to indicate a collision and to transmit a
`collision report indicates the presence of a processor that is coupled to and arranged to receive data from the sensors and
`which processes the data:
`
`“[T]he Telematics Control Unit (TCU) instantly receives a signal that the vehicle has been in an accident. . . . The
`TCU immediately relays the vehicle position to the Mercedes Emergency Response Center to initiate the
`appropriate response to the incident.”
`
`17
`
`25
`
`

`

`’697 Claim 2
`
`Elements in Accused Instrumentality
`
`
`http://mbrace.mbusa.com/pub164/Images/ACN_FactSheet_4-9-12_tcm164-542.pdf
`
`“[S]ince mbrace is fully integrated with the electronics and GPS system built into your vehicle, it automatically
`transmits your location and other information so we can serve you better and more quickly. . . And if an airbag or
`seatbelt tensioner is activated your car will automatically place the SOS call for you.”
`
`http://www.youtube.com/watch?v=lAKjpRlUqzw&list=PLKgHYmJ8Qq3KjTGmLrEuSERtRgZv6VvjT&index=
`13
`
`
`
`
`
`http://www.mbusa.com/vcm/MB/DigitalAssets/pdfmb/mbraceservicebrochures/ACN_FactSheet_4-9-12_tcm141-
`1308.pdf
`
`“Not all accidents are severe enough to automatically trigger a collision notification call.”
`
`http://mbrace.mbusa.com/pub164/Images/ACN_FactSheet_4-9-12_tcm164-542.pdf
`
`
`
`18
`
`26
`
`

`

`’697 Claim 2
`
`Elements in Accused Instrumentality
`
`http://www.mbusa.com/vcm/MB/DigitalAssets/pdfmb/serviceandparts/seatbelts_airbags.pdf
`
`
`See also claim 1.
`
`
`
`Elements in Accused Instrumentality
`Based on information and belief, AVS contends that each of the Accused Instrumentalities comprises a display arranged
`in the vehicle in a position to be visible from the passenger compartment, said display being coupled to said diagnostic
`system and arranged to display the diagnosis of the state of the vehicle or the state of a component of the vehicle.
`
`The on-board COMAND display, which is in a position to be visible from the passenger compartment, is coupled to the
`diagnostic system and is arranged to display information related to the diagnostic state of the vehicle. For example:
`
`“Sensors inside the tyres monitor air pressure and air temperature and output corresponding messages in case of a
`decrease in pressure in one or more tyres . . . These data are sent at regular intervals by wireless transmission to a
`receiving antenna on the underbody and relayed to the control unit. If desired, the tyre pressures can be shown on
`the multifunction display.”
`
`http://techcenter.mercedes-benz.com/_en/tyre_pressure_monitoring/detail.html; see also
`http://techcenter.mercedes-benz.com/en/tyre_pressure_warning/detail.html
`
`
`In addition, the COMAND display is arranged to display that information related to the remote vehicle diagnosis:
`
`
`
`’697 Claim 5
`5. The vehicle of claim
`1, further comprising a
`display arranged in the
`vehicle in a position to
`be visible from the
`passenger
`compartment, said
`display being coupled
`to said diagnostic
`system and arranged to
`display the diagnosis of
`the state of the vehicle
`or the state of a
`component of the
`vehicle.
`
`19
`
`27
`
`

`

`’697 Claim 5
`
`Elements in Accused Instrumentality
`
`
`
`http://www.mbusa.com/vcm/MB/DigitalAssets/pdfmb/ownersmanual/2014_E_Sedan_Wagon.pdf at 329.
`
`In addition, the diagnostic data can be displayed via a mobile device that is in a position to be visible from the passenger
`compartment and is coupled to the diagnostic system.
`
`
`
`20
`
`28
`
`

`

`’697 Claim 5
`
`Elements in Accused Instrumentality
`
`
`
`http://technicity.daimler.com/en/mbrace2-services/
`
`
`
`’697 Claim 6
`6. The vehicle of claim
`1, wherein said
`communications device
`comprises a cellular
`telephone system
`including an antenna.
`
`Elements in Accused Instrumentality
`Based on information and belief, AVS contends that for the Accused Instrumentalities said communications device
`comprises a cellular telephone system including an antenna.
`
`The Accused Instrumentalities utilize cellular and/or satellite communications. Such a system necessarily indicates the
`presence of an antenna:
`
`
`21
`
` “
`
` . . . Mbrace2 robo-diagnostics lets you check in from your smartphone anytime.”
`
`
`http://www.youtube.com/watch?v=6zBjJmt2W90
`
`See also claim 1.
`
`
`29
`
`

`

`’697 Claim 6
`
`Elements in Accused Instrumentality
`
`
`http://www.mbusa.com/vcm/MB/DigitalAssets/pdfmb/brochures/mbrace-Brochure.pdf
`
`
`
`http://www.mbusa.com/vcm/MB/DigitalAssets/pdfmb/brochures/mbrace-Brochure.pdf
`
`
`
`22
`
`
`
`
`
`30
`
`

`

`’697 Claim 6
`
`Elements in Accused Instrumentality
`
`
`
`
`http://www.mbusa.com/vcm/MB/DigitalAssets/pdfmb/mbraceservicebrochures/ACN_FactSheet_4-9-12_tcm141-
`1308.pdf
`
`See also claim 1.
`
`Elements in Accused Instrumentality
`Based on information and belief, AVS contends that for the Accused Instrumentalities the diagnostic system comprises a
`plurality of sensors mounted at different locations on the vehicle, each of said sensors providing a measurement related to
`a state of said sensor or a measurement related to a state of the mounting location and a processor coupled to said sensor
`systems and arranged to diagnose the state of the vehicle or the state of the component of the vehicle based on the
`measurements of said sensors.
`
`The diagnostic system of the Accused Instrumentalities include sensors that gather data pertaining to various components
`such as , inter alia, (1) oil level and “oil quality,” (2) air pressure, (3) maintenance (4) brakes, (5) tire pressure, (6) battery
`voltage, (7) other fluid levels, and (8) fuel filter.2 On information and belief, AVS contends that at least some of such
`sensors provide “a state of said sensor or a measurement related to a state of the mounting location”:
`
`
`
`’697 Claim 10
`10. The vehicle of
`claim 1, wherein said
`diagnostic system
`comprises a plurality of
`sensors mounted at
`different locations on
`the vehicle, each of said
`sensors providing a
`measurement related to
`a state of said sensor or
`a measurement related
`to a state of the
`mounting location and
`
`                                                            
`2
`At this time, AVS does not have sufficient information to determine whether the diagnostic system of the Accused Instrumentalities uses
`sensors that are part of Mercedes’ PRE-SAFE® system to gather diagnostic data. AVS reserves the right to supplement this information and its
`identification of claims and other disclosures in the course of discovery or further investigation.
`
`23
`
`31
`
`

`

`’697 Claim 10
`a processor coupled to
`said sensor systems and
`arranged to diagnose
`the state of the vehicle
`or the state of the
`component of the
`vehicle based on the
`measurements of said
`sensors.
`
`Elements in Accused Instrumentality
`
`http://www.mbusa.com/vcm/
`MB/DigitalAssets/pdfmb/own
`ersmanual/2014_E_Sedan_Wa
`gon.pdf at 329.
`
`
`
`
`“