`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-308-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 Mercedes’ products that include the infringing technology referred to by
`
`Mercedes as Adaptive Highbeam Assist, Intelligent Light, and/or Night View Assist technology.
`
`At this time, AVS has had no discovery to date from Mercedes. Accordingly, AVS reserves the
`
`1
`
`Mercedes-Benz USA, LLC, Petitioner - Ex. 1012
`
`

`

`right to supplement or alter its 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 10, 11, 15-17, 19, 20, and 23 of U.S. Patent No. 5,845,000 (“the ’000 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”).
`
`Attached as Exhibit A, and incorporated herein in their entirety, is a chart identifying
`
`where each element of the Asserted Claims is met by various features or functionalities
`
` 
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`2 
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`2
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`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 chart, Exhibit A, AVS accuses various
`
`Mercedes Vehicles (various model years and trim levels) equipped with technology referred to
`
`by Mercedes as Adaptive Highbeam Assist, Intelligent Light, and/or Night View Assist
`
`technology including but not limited to the A-Class, B-Class, C-Class, CL-Class, CLS-Class, E-
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` 
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`3 
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`3
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`

`

`Class, GL-Class, GLK-Class, GLS-Class, M-Class, S-Class, SL-Class Mercedes Vehicles of
`
`infringing at least claims 10, 11, 15-17, 19, 20, and 23 of the ’000 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. 08/474,786 filed on June 7, 1995 resulted in the ’000 Patent.
`
`The 08/474,786 application claims priority to U.S. Patent Application No. 08/247,760 filed on
`
`May 23, 1994. Claims 10, 11, 15, 19, and 23 of the ’000 Patent have an effective filing date of
`
`May 23, 1994. Claims 16, 17, and 20 of the ’000 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)
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` 
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`4 
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`4
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`

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`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.
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`B. Documents Responsive to P.R. 3-2(b)
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`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
`
`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.
`
`
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` 
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`5 
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`5
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`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
`Fax: 903-757-2323
`
`ATTORNEYS FOR PLAINTIFF
`AMERICAN VEHICULAR SCIENCES
`LLC
`
` 
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`6 
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`6
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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
`
`
`
`
`
`
`
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`
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`14881-v1/1079-0010
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`7
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`EXHIBIT A
`
`
`
`EXHIBIT A
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`1
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`8
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`EXHIBIT A
`
`Infringement Claim Chart for U.S. Patent No. 5,845,000
`
`The Features/Options primarily relied upon in this chart is referred to by Mercedes as Adaptive Highbeam Assist, Intelligent Light, and/or
`
`Night View Assist technology. On present information and belief, AVS understands the technology referred to by Mercedes as Adaptive Highbeam
`
`Assist, Intelligent Light, and/or Night View Assist technology are/have been offered either as a stand-alone feature/option on Mercedes-branded
`
`vehicles or as part of other packages. Further, on information and belief, AVS understands that this technology as provided on various Mercedes-
`
`branded vehicles operates 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 these systems in specific Mercedes-
`
`branded vehicles.
`
`To the extent discovery later shows that operation of this technology differs 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’s current information, the full extent to
`
`which these 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
`
`2
`
`
`
`9
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`

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`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.
`
`Based on the information presently available to it, AVS contends that Mercedes directly infringes United States Patent No. 5,845,000 (“the
`
`’000 Paten ”) by making, using, selling or offering to sell within the United States, or importing into the United States, Mercedes-branded vehicles
`
`that include A—Class, B—Class, C—Class, CL-Class, CLS-Class, E—Class, GL—Class, GLK—Class, GLS-Class, M-Class, S—Class, SL-Class vehicles that
`
`include Adaptive Highbeam Assist, Intelligent Light, and/or Night View Assist technology (“Accused Instrinnentalities”). AVS also contends that
`
`Mercedes indirectly infringes the ’000 Patent by actively inducing and contributing to its customers’ direct infringement of the asserted claims.
`
`Elements in Accused Instrumentali
`
`l0. [pre] In a motor
`vehicle having an
`interior and an exterior,
`a monitoring system for
`monitoring at least one
`object exterior to said
`vehicle comprising:
`
`Based on present information and belief, AVS contends that the Accused Instrumentalities include a motor vehicle having
`an interior and an exterior, and a monitoring system for monitoring at least one object exterior to said vehicle.
`
`See hfip://techcenter.mercedes-benz.com/en/adaptive higl_] beam assist/detail.html
`Seeh
`://techcenter.mercedes-benz.com/en/ni
`tview lus with s otli
`t/detail.html
`See ht_tp://techcenter.mercedes-benz.com/en/ils/detail.html
`
`ADAPTIVE HIGHBEAM ASSIST:
`
`help you drive moreshfily and confidently in the dam
`
`Adaptive Highbeam Assist
`Engineered to prowde the maXImum pOSSlble road Illumination
`wrthout creating glare for other drivers this innovative feature
`uses continuous input from a camera to automatically vary the
`range of your high beams based on the distance both to
`
`qnconilngyvehiclesyang to thpse ahe d f you5
`
`.,(£13!tqidenfvwhiinizes32WMroag‘egafifth-elm191‘is10
`die”WHighh‘earnAssisttcén1
`
`n i
`
`y ur,
`
`10
`
`

`

`’000Claim 10
`
`Elements in Accused Instrumentali
`
`Ely/www.mbusa.com/mercedes/legacx/vehicles/model?class=S&model=S600V#desigg
`
`n The New E Class And S Class From S rin 2009.hmll’
`
`://www.emercedesbenz.com/Nov08/ 12 001503 Mercedes Benz TecDa
`
`S ecial Feature Safe
`
`S stems I
`
`11
`
`

`

`Adaptive Highbeam Assist the best possible light in any trattic situation
`
`more, the system helps to relieve driver stress as there is no longer any need to
`
`repeatedly flick the stalk on the steering wheel. So the driver can concentrate
`
`more on actually driving the car. Once activated. Adaptive Highbeam Assist
`
`always provides the best possible headlamp range.
`
`Atthe heart ofthe system is a camera. located on the inside ofthe windscreen,
`
`which sends new data every 40 milliseconds so thatthe range ofthe variable—
`
`control bi—xenon headlamps can be adjusted.
`
`Tests show that motonsts who use Adaptive Highbeam Assist are safer on the
`roadIn the dark becausewexség‘figgesfiwl‘fifiiégfih .
`'
`i." 3?qu ;. “Rea
`upto 150 metres earlier than is the case with conventional low beam. What's
`
`NIGHT VIEW ASSIST:
`
`Mercedes—Benz has further developed its Night View Assist system. which
`
`illuminates along stretch ofthe road ahead using invisible infrared light. The
`
`second generation of this system features a special pedestrian detection
`
`function: as soon as the system detects pedestrians ahead of the car, they are
`
`highlighted on the display.
`
`hm;://www.emercedesbenz.com/Nov08/12 001503 Mercedes Benz TecDay Special Feature Safeg Systems I
`n The New E Class And S Class From Spring 2009.html
`
`12
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`

`

`Elements in Accused Instrumentali
`
`Nidrt-t'lueaccomtsfororiyi’fl percemaflaetotalkaffic
`votune——bm4flpercentofaltad accidents!Headxnps
`ofifeviagluwandhimbea-naelimitedhheirabi'rtyb
`
`
`
`t‘countermspmblemmmmmm
`“,5memmassxsrnn‘s
`lenploysanwrmdmmmatnbstadesuu
`ottremrseremamooncealeddmglfiThasummssafety
`
`://techcenter.mercedes-benz.com/en/ni
`
`form. aswel ascaretess pedestrians.
`
`[a] transmitter means
`for transmitting
`electromagnetic waves
`to illmninate the at least ADAPTIVE HIGHBEAM ASSIST:
`
`Based on present information and belief, AVS contends that the Accused Instrumentalities comprise a transmitter means
`for transmitting electromagnetic waves to illuminate the at least one exterior object:
`
`one exterior object; and
`
`13
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`

`

`The new E—Class will be the world's first car to feature headlamps that adapt
`
`automatically in line with the current driving situation. Adaptive Highbeam Assist
`
`detects oncoming vehicles or moving vehicles in front with their lights on and
`
`adjusts the headlamps continuously so as to always provide the best possible
`
`headlamp range — without dazzling other motorists. In this way, the low-beam
`
`range can be increasedfrom its current level of 65 metres to up to 300 metres.
`
`n The New E Class And S Class From Spring 2009.html
`
`ht_tp://www.emercedesbenz.com/Nov08/ 12 001503 Mercedes Benz TecDay Special Feature Safem Systems I
`
`lfthe road ahead is clear. the system switches to high beam with a minimum of
`
`fuss. This Mercedes development is therefore fundamentally different to
`
`conventional systems of this type, since the latter merely switch between low
`
`beam and high beams
`
`14
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`

`

`wwwmhmmmdmttmm
`
`system registers either oncoming traffic or vehicles ahead, itwill adapt the
`tight dishihution acoord'ng to the specific situation when the high beam is
`
`switched on. Consequentty,thediivercansinptyteavethehigtmeam
`headtampsmatatlfimesandusemeirhtttmgewnhommaungorevm
`
`endangemgothermaduseis. Thereisnoneedtoswitdithemonandoti
`manually, resulting ‘n a significant increase in the oveiatt driving time with
`
`high beam.
`
`0.html?TS=l374410323331
`
`mskslhe poflionofthe LED headlamp‘s main—beam cone of lightwhete
`there He othervehidesto preventtheirdrivets being dazzled. If mad
`tsersaedeteaedoutsidemeareathatmnbemasked—forinstance
`
`Adaptive thbeamAssistPluslikewisemakesuseotmenewstereo
`
`amen alsoemployed byotherass’tstanoe systems. Ifits image
`
`tecogtition dgorithm pidts up a vehicle that ismcomingordtiving
`ahead,itactuaMamechanisminmeheadlatmmoane.Thismen
`
`Mtenoomeritgvdthmultiplevehiclesinflte headlanm'beams—me
`
`://media.daimler.com/dcmedia/0-921-1549267-1-l608240-1-0-0-1609495-0-1-12759-614216-0-0-0-0-0-0-
`
`15
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`

`

`Adaptive Highbeam Assist Plus
`Dazzle-free permanent high beam
`
`0.hlml?TS=l374407520153
`
`4 When the cemere~beo¢dAdaptlvs Highbeem Aeeiut PM system
`detects oncoming tralflc or vehicles ahead." adapts the ligh-
`beam light tfistfibution according to the prevallim tmlfic situa-
`tion. A mechanism 'n the headlamp module meets on the even
`'n the light cone of the LED headlempein which other vehicles
`are located. so es lo Md dazzling the arm's on these Venlcles.
`this means that the driver can leave high beam on permanently
`
`And use he venge without irritatingor endengerivg other med
`users in the process. Potemld dazzlingof the driver limsell due
`lo Increased use of ll'uh beam and higliy tefleotlve aims at the
`edge 0! the road is detected b/ the system and only prevened
`by specifically dimming the headlamps. The system isactive
`It speedsol 30 km/h and war In me can: on roads without
`
`://media.daimler.com/dcmedia/0—921-1549267-1-1608583-1-0-1-l609495-0—l-12637-6l4216-0—3842-0-0-0-0—
`
`16
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`

`

`’000 Claim 10
`
`Elements in Accused Instrumentali
`
`The new E—C-Iass will he the world's first car to feature headlamp-s that adapt
`
`automatically in line with the current driving situation Adaptive Highbeam Assist
`
`detects oncoming vehicles or moving vehicles in front with their lights on and
`
`adjusts the headlamps continuously so as to always provide the best possible
`
`headlamp range — without daLzling other motorists. In this way, the low—beam
`
`range can he increasedfrom its current level of 55- metres to up to 300 metres.
`
`ht_tp://media.daimler.com/Projects/CZC/channel/docmnents/ 1958718 PI Spotlight epdf
`
`significant step fu1tl1e1: it highlights the possible sou1ce of da11ge1 in the
`i
`1..
`15""'1
`'1'} I"
`u‘
`:1‘ ll'[ it”?! ".
`"
`driver's immediate field of vision by’spe"'fically(11:11:0th Iliglttldupeoplei’lyllon
`the load. A positive side effect of this1s that the pedest11a11 is also alerted to
`
`hflp://www.emercedesbenz.com/Nov08/12 001503 Mercedes Benz TecDay Special Feature Safefl Systems I
`n The New E Class And S Class From Spring 2009.html
`
`NIGHT VIEW ASSIST:
`
`the presence of the approaching vehicle. The new spotlight function will be
`
`included as a standard feature of the Active Night View Assist Plus in a
`
`luxury class Mercedes model from the summer of 2011.
`
`10
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`17
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`’000Clailn 10
`
`Elements in Accused Instrumentali
`
`The Night View Assist Plus with new spotlight function is a complex combination
`
`of a variety of technical functions. Infrared headlamps, night vision camera,
`
`multipurpose camera, spotlight headlamps, instrument Cluster display and
`
`headlamp switch are all coordinated by several control units using complex
`
`software.
`
`hm;://media.daimler.com/Projects/c2c/channel/documents/ 1958718 PI Spotlight epdf
`
`
`
`Thespotlight function uses Infra]ed technologytodetect pedestrians at a range
`
`hflp://media.dahnlercom/Projects/CZC/channel/documents/ 1958718 PI Spotlight e.pdf
`
`“The range of the two infrared headlamps to the right and left of the radiator grille corresponds to that of standard
`
`bi-xenon light in high-beam mode — with the advantage that oncoming traffic is not dazzled because infrared is not
`
`visible to humans. The illuminated road scenario is filmed by an infrared camera located inside the vehicle at the
`
`top edge of the windscreen.”
`
`ht_tp://techcenter.mercedes-benz.com/en/night view/detail.html
`
`11
`
`18
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`Night View Assist Plus camera
`
`1 Night View Assist Plus camera
`
`://www4.mercedes—benz.com/manual-caIs/ba/cars/wl66/en/overview/fahrs steme4.html
`
`you to see the roads course and any obstacies in good time. if pedestrian recognition is activated. pedestrians recognised by'the
`system are highlighted in the Night View Assist Pius dismay.
`
`h
`
`12
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`19
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`The infrared-sensitive camera behind the front windscreen films the tratfic
`
`lightsources The'rangeofihetwomfraredheafiampsismach,”
`
`a .,
`
`2",";
`
`situation ahead and relays the corresponding Images to the dashboard display
`
`://www.daimler.com/dccom/0-5-1210218-1-1210320-1-0-0-12l0228-0-l-8-7165-0-0-0-0-0-0-0.html
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`to that of standard bi—xenon lightIn high——beam mode— butwith the advantage
`
`that oncoming traificIs not dazfled.
`
`13
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`20
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`Infrared camera
`
`Main headlamps
`
`\
`
`Infrared technology
`
`Mum-purpose camera
`
`pedestrian if necessary.
`
`Infrared centers Monitors the road ahead of the car.
`evaluates the image and detects pedestrians within a range
`of up to 80 metres. The image is transferred to a display in
`the instrument cluster.
`Mum-purpose camera Recognises whether the car is
`travelling in town or in the country. and registers the position
`of an oncoming vehicle or one travelling ahead.
`Control units decide whethera detected pedestrian is to
`be spotlighted or not.
`Main headlamp flashes a targetted spotlight at the
`
`A Targottod spotlighting of pedestrians In the road.
`With the new Spotlight function for Active Night View Assist
`PLUS, Mercedes-Benz is presenting an active lighting system
`as a world first that leads to a completely new level of safety
`at night.
`
`When the camera detects pedestrians in its field of vision,
`these can be briefly spotlighted to alert the driver to the poten-
`tial danger. The pedestrians also receive a warning in this way.
`The new Spotlight function will enter series production as part
`of Active Night View Assist PLUS in a luxury-class Mercedes
`model in summer 2011.
`
`21
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`’000 Claim 10
`
`Elements in Accused Instrumentali
`://media.daimler.com/dcmedia/0-921-658892-1-13 54042-1—0-1-0-0-1-12639-1549054—0-3842-0-0-0-0-
`
`0.html?TS=1374407762338
`
`[b] reception means for Based on present information and belief, AVS contends that the Accused Instrumentalities include a reception means for
`receiving reflected
`receiving reflected electromagnetic illumination from the at least one exterior object:
`electromagnetic
`illlunination from the at ADAPTIVE HIGHBEAM ASSIST:
`least one exterior
`
`object;
`
`15
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`

`Permanent high beam with no dazzle: Adaptive Highbeam Assist
`Plus
`
`For the first time Adaptive Highbean Assist Plus allows the high-beam
`teadtanpstobekeptonpennanenttywtutemvrngbymaskngoutany
`
`endangemgothermadusers.ThereismneedtoswitdIthemonandotl
`manually. resulthgirasignifitznt increase intheoveratldriv‘lrgtimewith
`
`‘ light distribution acoordng to the specrtic srtuatIon when thehIgh beam is
`switchedon.Consequentty,mednvercmsinptyteavethehigH)ean
`headtampsmatdlfimesanduseflreirhrtlmgewithorfiimtafingorevm
`
`
`
`recogiition 3mm picks Irp a vehidethat isoncomingordriving
`ahead,itactuato53mechanismintheheadlarmmo¢rte_Thisthen
`
`rnasttsthe portionofthe LED headlamp‘s main-barn cone oflightwhere
`there we othervehictesto preventtheirdrivers being dazzled. If mad
`tsersaedetededoutsidetheareathatmnbemasked—torinstance
`
`Mmeomerhgwithmultiplevehidesinthe headlanm'beams—the
`
`://media.daimler.com/dcmedia/0-921—1549267-l-l608240—1—0—0-1609495—0-1—12759—614216—0-0-0-0—0-0-
`0.html?TS=l37441032333l
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`l6
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`23
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`Every 40 milliseconds the headlamps receive new data for headlamp
`
`adjustment
`
`headlamps can then be varied and continuously adapted to the distance ofthe
`
`car ahead orto oncoming vehicles. The system has lightning quick reaction
`
`times. transmitting new data to the headlamps every 40 milliseconds.
`
`I
`
`wmahks loammenigennmagemcewna alabfimmmeeamemcan
`recognise other vehicles and determine their distance. The range ofthe Iii—xenon
`
`Beam Ass
`
`h
`
`://www.emercedesbenz.com/Se 08/25 001417 Mercedes Benz Introduces New Ada tive Hi
`
`istant.html
`
`NIGHT VIEW ASSIST:
`
`Night View Assist Plus technology uses an infrared camera to receive electromagnetic illumination:
`://techcenter.mercedes-benz.com/en/ni- It view lus with s nootli ut/detail.html
`
`17
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`24
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`Night View Assist Plus camera
`
`1 Night View Assist Plus camera
`
`Night View Assist Plus
`
`://www4.mercedes-benz.com/manual-caIs/ba/caIs/wl66/en/overview/fahrs steme4.html
`
`the normaiheadlamps Night View Assist Plus uses infrared light to illuminate the road
`ln addition to the illumination provid
`\
`\‘
`\
`H '1‘1'\I"ii§"7'l‘i"fYY"'“i.\l‘ii.
`7
`‘
`Hand displays a greyscaie image in the COMAND display This enables
`WW:yaks.El .
`, HEW illlilié‘
`you 0 see
`e ma 5 course and any ohstaéesin goodme if pedestrian recognition is activated pedestrians recognised by the
`system are highlighted in the Night View Assist Pius display.
`
`h
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`18
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`25
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`

`’000Clailn 10
`
`Elements in Accused Instrumentali
`
`Targetted spotlighting of pedestrians in the road.
`With the new Spotlight function for Active Night View Assist
`PLUS, Mercedes-Benz is presenting an active lighting system
`as a world first that leads to a completely new level of safety
`at night.
`When the camera detects pedesllidtis lll its field of vision,
`these can be briefly spotlighted to alert the driver to the poten-
`tial danger. The pedestrians also receive a warning in this way.
`The new Spotlight function will enter series production as part
`of Active Night View Assist PLUS in a luxury—class Mercedes
`model in summer 2011.
`
`A
`
`A Infrared headlamps Two separate lamps in the headlamps
`illuminate the road surface with invisible infrared light
`-
`-
`.
`-
`4
`-
`-
`-
`-‘
`-
`evaluates the imageand detects pedestrians withina range:
`of-upto 80metres TheImage is transferred to adisplay'In ~
`the lnstrum’ent cluster
`'
`~
`'
`t
`i
`,
`'
`é
`
`A
`
`Control units decide whether a detected pedestrianIS to
`be spotlighted or not.
`Main headlamp flashes a targetted spotlight at the
`pedestrian if necessary.
`
`ADAPTIVE HIGHBEAM ASSIST:
`
`://media.daimler.com/dcmedia/0-921-658892-1-13 54042-1-0-1-0-0-1-12639-1549054—0-3 842-0-0-0-0-
`
`O.html?TS=13 7440776233 8
`
`Based on present information and belief, AVS contends that the Accused Instmmentalities include a processor means
`coupled to said reception means for processing said received illumination and creating an electronic signal characteristic
`of said exterior object based thereon:
`
`[c] processor means
`coupled to said
`reception means for
`processing said
`received illumination
`
`and creating an
`electronic signal
`characteristic of said
`
`exterior object based
`thereon;
`
`19
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`26
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`The brand new Mercedes technology is based on a camera positioned on the
`inside of the front windscreen. which monitors the tratfic situation in front of the
`
`h
`
`://www.emercedesbenz.com/Se 08/25 001417 Mercedes Benz Introduces New Ada tive Hi
`
`istant.h’unl
`
`care Thanks to an intelligent image processing algorithm, the camera can
`recognise other vehicles and determine their distance. The range of the bi-xenon
`headlamps can then be varied and continuously adapted to the distance of the
`car ahead orto oncoming vehicles. The system has lightning quick reaction
`times. transmitting new data to the headlamps every 40 milliseconds.
`
`Beam Ass
`
`20
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`27
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`

`

`The Adaptive High beam .Assist from
`
`Mercedes—Benzis based on a camera on the
`
`inside of the front windscreen which
`
`monitorsthetraffcisnuatlonin frontofthe' car
`
`the variably adjustable bi-xenon headlamps
`
`is set accordingly and adjusted continuously
`
`according to the distance of the vehicle ahead
`
`or oncoming traffic.
`
`://www.daimler.com/dccom/0-5-1210218-1-12103 l7-1-0—0-12l0228-0-1-8-7165-0-0-0-0-0—0-0.html
`
`NIGHT VIEW ASSIST:
`
`arable?» thecamera tonae-m whervehmles
`and to calculate their distances. The range of
`
`0.html?TS=137444861 543 7
`
`transfers it to the display in the instrument cluster as a clear greyscale
`
`image.
`
`://media.daimler.com/dcmedia/0-921-614289-1-817565-1-0—0-817632-0-1-l2759-614216-0-0—0—0-0-0-
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`’000Claim10
`
`Elements in Accused Instrumentali
`
`Night View Plus can “present the night-time road scene on the display, indicating identified persons; optionally, a
`spotlight can flash up pedestrians at the side of the road. .
`.
`. The spotlight function is activated at a speed of 45
`kin/h when the automatic light flmctions and NIGHT VIEW ASSIST PLUS are on. An additional aperture in the
`projection module of one headlamp enables selective light distribution for the spotlight function”
`
`hflp://techcenter.mercedes-benz.com/en/night View plus with spotlight/detailhtml
`
`Targetted spotlighting of pedestrians in the road.
`
`Infrared headlamps Two separate lamps in the headlamps
`
`With the new Spotlight function for Active Night View Assist
`PLUS, Mercedes-Benz is presenting an active lighting system
`as a world first that leads to a completely new level of safety
`at night.
`
`When the camera detects pedestrians in its field of vision,
`these can be briefly spotlighted to alert the driver to the poten-
`tial danger. The pedestrians also receive a warning in this way.
`The new Spotlight function will enter series production as part
`of Active Night View Assist PLUS in a luxury-class Mercedes
`model in summer 2011.
`
`illuminate the road surface with invisible infrared light.
`
`ofanoncomingvehisldsconeEavellmgahead
`ControlunitsdecidewhetheradetectedpedestrianIstI?
`bespotlghtec‘ornot
`‘
`Main headlamp flashes a targetted spotlight at the
`pedestrian if necessary
`
`0.html?TS=13 744077623 3 8
`
`://1nedia.daimler.com/dcmedia/0-921-658892—1-13 54042—1—0-1-0-0-1-12639-1549054—0-3 842-0—0-0-0-
`
`22
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`29
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`

`Night \fiew Assist Plus camera
`
`1 Night View Assist Plus camera
`
`Night View Assist Plus
`
`«itscoursaaniiau"
`wimlasmm
`
`..
`
`I.. ,..
`flew-«rings; ..
`"
`
`.
`
`_ "Tnisenable‘s
`,_,
`.. .Milnwowsedw.
`* ‘
`'
`‘ ‘
`‘
`‘
`
`exterior objects and patterns of received electromagnetic illumination from the possible exterior objects:
`
`[d] categorization
`means coupled to said
`processor means for
`categorizing said
`electronic signal to
`identify said exterior
`object, said
`
`h
`
`://www4.mercedes-benz.com/manual-cars/ba/cars/wl66/en/overview/fahrs steme4.html
`
`Based on present information and belief, AVS contends that the Accused Instnlmentalities include a categorization means
`coupled to said processor means for categorizing said electronic signal to identify said exterior object, said categorization
`means comprising trained pattern recognition means for processing said electronic signal based on said received
`illumination from said exterior object to provide an identification of said exterior object based thereon, said pattern
`recognition means being structured and arranged to apply a pattern recognition algorithm generated from data of possible
`
`ADAPTIVE HIGHBEAM ASSIST:
`
`23
`
`30
`
`

`

`Th 9 Adaptive High beam .ASSlSt from
`.
`Mercedes—Benz Is based on a camera on the
`inside of the front windscreen which
`
`monitors thetramc situationIn front ofthe car
`
`o Jects; an
`
`enables “IEmat0 mmmm
`and ti) calculate their;distances. The rangeof
`,
`~ -
`thevariably adeistable Iii-xenon headlamps
`is set accordineg and adjusted continuously
`‘
`a
`‘
`according to the distance of the vehicle ahead
`or onco min 9 tram c.
`
`comprising trained
`pattern recognition
`means for processing
`said electronic signal
`based on said received
`- mm fiom said
`exterior object to
`provide an
`identification of said
`
`exterior object based
`thereon said pattern
`recognition means
`being structured and
`arran ed to a
`l a
`paflei recogflfiizn
`algorithm generated
`from data of ossible
`exterior obj-egg and
`pattems of received
`electromagnetic
`illumination fiom the
`ng-‘Sible exéerior
`
`://www.daimler.com/dccom/0-5-1210218-1-1210317-1-0-0-1210228-0-1-8-7165-0-0-0-0-0-0-0.html
`
`24
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`31
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`Adaptive Highbeam Assist