IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF MICHIGAN
`SOUTHERN DIVISION
`
`
`Civil Action No: 2:13-cv-11704
`HON. ARTHUR J. TARNOW
`Mag. Judge Randon
`
`
`UUSI, LLC, a Michigan domestic limited
`liability company, d/b/a NARTRON,
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`Plaintiff,
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`vs.
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`WEBASTO ROOF SYSTEMS, INC.,
`a Delaware Corporation,
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`Defendant.
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`______________________________________/
`Monte L. Falcoff (P48015)
`George D. Moustakas (P41631)
`Timothy D. MacIntyre (P53100)
`J. Bradley Luchsinger (P76115)
`HARNESS, DICKEY & PIERCE, P.L.C.
`5445 Corporate Drive, Ste. 200
`Troy, MI 48088
`(248) 641-1600
`(248) 641-0270 Fax
`mlfalcoff@hdp.com
`gdmoustakas@hdp.com
`tdmacintyre@hdp.com
`bluchsinger@hdp.com
`______________________________________/
`
`
`PLAINTIFF UUSI, LLC, d/b/a NARTRON’S
`DISCLOSURE OF ASSERTED CLAIMS AND
`INFRINGEMENT CONTENTIONS
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`Pursuant to the Court’s Scheduling Order (Dkt. No. 41), UUSI, LLC, d/b/a
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`Nartron (“UUSI” or “Plaintiff”) provides the following asserted claims and
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`1
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`Webasto Roof Systems, Inc.
`Exhibit 1016
`
`
`FOR THE EASTERN DISTRICT OF MICHIGAN
`SOUTHERN DIVISION
`
`
`Civil Action No: 2:13-cv-11704
`HON. ARTHUR J. TARNOW
`Mag. Judge Randon
`
`
`UUSI, LLC, a Michigan domestic limited
`liability company, d/b/a NARTRON,
`
`Plaintiff,
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`vs.
`
`
`
`
`
`
`
`WEBASTO ROOF SYSTEMS, INC.,
`a Delaware Corporation,
`
`Defendant.
`
`______________________________________/
`Monte L. Falcoff (P48015)
`George D. Moustakas (P41631)
`Timothy D. MacIntyre (P53100)
`J. Bradley Luchsinger (P76115)
`HARNESS, DICKEY & PIERCE, P.L.C.
`5445 Corporate Drive, Ste. 200
`Troy, MI 48088
`(248) 641-1600
`(248) 641-0270 Fax
`mlfalcoff@hdp.com
`gdmoustakas@hdp.com
`tdmacintyre@hdp.com
`bluchsinger@hdp.com
`______________________________________/
`
`
`PLAINTIFF UUSI, LLC, d/b/a NARTRON’S
`DISCLOSURE OF ASSERTED CLAIMS AND
`INFRINGEMENT CONTENTIONS
`
`Pursuant to the Court’s Scheduling Order (Dkt. No. 41), UUSI, LLC, d/b/a
`
`
`
`Nartron (“UUSI” or “Plaintiff”) provides the following asserted claims and
`
`
`
`1
`
`Webasto Roof Systems, Inc.
`Exhibit 1016
`
`
`
`infringement contentions (“Disclosure”) with respect to U.S. Patent No. 7,548,037
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`(“the ‘037 Patent”), U.S. Patent No. 7,579,802 (“the ‘802 Patent”), and U.S. Patent
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`No. 8,271,612 (“the ‘612 Patent”) (collectively the “Patents in Suit”) to Defendant
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`Webasto Roof Systems, Inc. (“Webasto” or “Defendant”).
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`
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`Discovery in this matter is ongoing as is Plaintiff’s investigation. This
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`Disclosure is based on the information available to Plaintiff as of the date of this
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`Disclosure. Plaintiff reserves the right to amend this Disclosure after further
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`discovery, including to the full extent available in view of the Court’s ruling on
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`claim construction. Plaintiff also reserves the right to assert additional claims of
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`the Patents in Suit, accuse different products, or identify alternative literal and/or
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`equivalent infringing elements in Defendant’s Accused Products as disclosed
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`below.
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`Plaintiff asserts that Defendant has infringed and continues to infringe, at
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`least, as noted in the following:
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`- The ‘037 Patent: Claim 1, 7, and 13 (see Exhibit A)
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`- The ‘612 Patent: Claims 1, 2, 5, 6, 7, and 8 (see Exhibit B)
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`- The ‘802 Patent: Claims 1, 6, 7, 8, 9, 11, 15 and 16 (see Exhibit C)
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`The claim charts set forth at Exhibits A, B and C, identify where each
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`limitation of each claim is found within the Accused Products, based on
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`information available to date as disclosed within the charts. For example,
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`2
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`Webasto Roof Systems, Inc.
`Exhibit 1016
`
`
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`Webasto’s responses to Interrogatory No. 2 identified the Accused Products on
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`September 25, 2013 and January 24, 2014. Discovery may disclose other products
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`and/or information for the identified Accused Products or otherwise.
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`
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`Plaintiff’s contentions are not an admission, adoption or waiver of any
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`particular claim construction, and Plaintiff therefore reserves all rights with respect
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`to claim construction. As noted, Plaintiff reserves the right to supplement its
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`contentions based on the Court’s claim construction ruling and further reserves the
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`right to supplement in view of the anticipated non-infringement positions that
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`Webasto will take in response to Interrogatory No. 11 served on January 15, 2014.
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`By way of further example and not by way of limitation, Webasto has already
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`disclosed through its First Supplemental and Amended Response to Interrogatory
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`No. 1, dated January 24, 2014, that it does not have a “regulator.” Plaintiff in
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`3
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`Webasto Roof Systems, Inc.
`Exhibit 1016
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`
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`Exhibit A, claim 1, identified two alternative positions for a “regulator.” Plaintiff,
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`in addition, states that there is a third position -- one of ordinary skill in the art, for
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`example, may identify a “regulator” as the interconnection between the sunroof
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`and the motor assembly.
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`
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`Each element of each asserted claim and is present literally or under the
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`doctrine of equivalents in the Accused Products, because there is no substantial
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`difference between the elements of the asserted claims and the corresponding
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`elements in the Accused Products, i.e., the corresponding elements of the Accused
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`Products do substantially the same thing, substantially the same way to achieve
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`substantially the same result.
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`By:
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`s/ George D. Moustakas /
`HARNESS, DICKEY & PIERCE, P.L.C.
`Monte L. Falcoff (P48015)
`George D. Moustakas (P41631)
`Timothy D. MacIntyre (P53100)
`J. Bradley Luchsinger (P76115)
`HARNESS, DICKEY & PIERCE, P.L.C.
`5445 Corporate Drive, Ste. 200
`Troy, MI 48088
`(248) 641-1600
`(248) 641-0270 Fax
`mlfalcoff@hdp.com
`gdmoustakas@hdp.com
`tdmacintyre@hdp.com
`bluchsinger@hdp.com
`
`
`
`
`
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`
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` Attorneys for Plaintiff
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`4
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`Webasto Roof Systems, Inc.
`Exhibit 1016
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`
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that on February 18, 2014, the foregoing
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`
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`document was served on the following counsel of record via email:
`
`Charles H. Sanders, csanders@goodwinprocter.com
`GOODWIN PROCTER LLP
`Exchange Place
`53 State Street
`Boston, MA 02109
`
`Timothy J. Rousseau, trousseau@goodwinprocter.com
`GOODWIN PROCTER LLP
`The New York Times building
`620 Eighth Avenue
`New York, NY 10018
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`Attorneys for Robert Webasto LLC
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`s/ George D. Moustakas /
`George D. Moustakas
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`18387304.1
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`5
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`Webasto Roof Systems, Inc.
`Exhibit 1016
`
`
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`U.S. PATENT NO. 8,217,612
`
`
`INDEPENDENT CLAIMS
`
`
`c) one or more switches for use
`by the controller to determine
`window or panel position; and
`
`
`HIGHLY CONFIDENTIAL SOURCE CODE – OUTSIDE COUNSEL ONLY
`
`
`
`(cid:3)
`
`6
`
`Webasto Roof Systems, Inc.
`Exhibit 1016
`
`
`
`U.S. PATENT NO. 8,217,612
`
`
`INDEPENDENT CLAIMS
`
`
`
`HIGHLY CONFIDENTIAL SOURCE CODE – OUTSIDE COUNSEL ONLY
`
`
`
`(cid:3)
`
`7
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`Webasto Roof Systems, Inc.
`Exhibit 1016
`
`
`
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`INDEPENDENT CLAIMS
`
`
`U.S. PATENT NO. 8,217,612
`
`CD533 FORD
`
`
`HIGHLY CONFIDENTIAL SOURCE CODE – OUTSIDE COUNSEL ONLY
`
`
`
`(cid:3)
`
`8
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`Webasto Roof Systems, Inc.
`Exhibit 1016
`
`
`
`U.S. PATENT NO. 8,217,612
`
`
`INDEPENDENT CLAIMS
`
`
`
`HIGHLY CONFIDENTIAL SOURCE CODE – OUTSIDE COUNSEL ONLY
`
`
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`(cid:3)
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`9
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`Webasto Roof Systems, Inc.
`Exhibit 1016
`
`
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`U.S. PATENT NO. 8,217,612
`
`
`INDEPENDENT CLAIMS
`
`
`
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`panel position. Specifically,
`switch that are electrically connected to the
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` discloses one or more switches for use by the controller to determine window or
` includes both a front and rear shade switch and a front glass
`motors for controlling the glass roof:
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`HIGHLY CONFIDENTIAL SOURCE CODE – OUTSIDE COUNSEL ONLY
`
`
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`(cid:3)
`
`10
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`Webasto Roof Systems, Inc.
`Exhibit 1016
`
`
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