2:13-cv-12937-SJM-RSW Doc # 1 Filed 07/05/13 Pg 1 of 10 Pg ID 1
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`UNITED STATES DISTRICT COURT
`EASTERN DISTRICT OF MICHIGAN
`SOUTHERN DIVISION
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`LEAR CORPORATION,
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`v.
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`NHK SEATING OF AMERICA, INC.
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`Plaintiff,
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`Defendant.
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`Case No. _____________
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`COMPLAINT FOR PATENT
`INFRINGEMENT AND JURY DEMAND
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`UNITED STATES DISTRICT COURT
`EASTERN DISTRICT OF MICHIGAN
`SOUTHERN DIVISION
`
`
`LEAR CORPORATION,
`
`
`
`v.
`
`NHK SEATING OF AMERICA, INC.
`
`
`
`
`
`
`
`
`Plaintiff,
`
`Defendant.
`
`
`
`
`
`
`Case No. _____________
`
`
`
`
`
`COMPLAINT FOR PATENT
`INFRINGEMENT AND JURY DEMAND
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
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`
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`2:13-cv-12937-SJM-RSW Doc # 1 Filed 07/05/13 Pg 2 of 10 Pg ID 2
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`I. THE PARTIES
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`1.
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`Plaintiff Lear Corporation (“Lear”) is a Delaware corporation,
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`having its principal place of business at 21557 Telegraph Road, Southfield,
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`Michigan 48086.
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`2.
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`Upon information and belief, Defendant NHK Seating of
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`America, Inc. (“NHK”) is a Michigan corporation, having its principal place of
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`business at 2298 West State Road 28, Frankfort, Indiana 46041.
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`
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`et seq.
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`II. JURISDICTION
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`3.
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`Claims pleaded herein arise under the Patent Act, 35 U.S.C. §1
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`4.
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`Subject matter jurisdiction for the pleaded claims is conferred
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`upon the Court by 28 U.S.C. §§ 1331 and 1338.
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`III. PATENTS-IN-SUIT
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`5.
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`On January 3, 1995, U.S. Patent No. 5,378,043 (“the ‘043
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`patent”), for “Vehicle Pivotal Headrest,” was duly and lawfully issued, naming
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`David C. Viano, Richard J. Neely and Mladen Humer as inventors. A copy of the
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`‘043 patent is attached as Exhibit A.
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`6.
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`Plaintiff Lear is the owner by assignment of the ‘043 patent.
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`2:13-cv-12937-SJM-RSW Doc # 1 Filed 07/05/13 Pg 3 of 10 Pg ID 3
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`7.
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`Defendant NHK has had knowledge of the ‘043 patent at least
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`since August 8, 2007.
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`8.
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`On October 14, 2003, U.S. Patent No. 6,631,949 (“the ‘949
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`patent”), for “Variable Movement Headrest Arrangement,” was duly and lawfully
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`issued, naming Mladen Humer, Yan Fan and Magnus Roland as inventors. A copy
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`of the ‘949 patent is attached as Exhibit B.
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`9.
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`Plaintiff Lear is the owner by assignment of the ‘949 patent.
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`10. Defendant NHK has had knowledge of the ‘949 patent at least
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`since August 8, 2007.
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`11. On October 14, 2003, U.S. Patent No. 6,631,955 (“the ‘955
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`patent”), for “Variable Movement Headrest Arrangement,” was duly and lawfully
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`issued, naming Mladen Humer, Yan Fan and Magnus Roland as inventors. A copy
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`of the ‘955 patent is attached as Exhibit C.
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`12. Plaintiff Lear is the owner by assignment of the ‘955 patent.
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`13. Defendant NHK has had knowledge of the ‘955 patent at least
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`since August 8, 2007.
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`14. On December 2, 2003, U.S. Patent No. 6,655,733 (“the ‘733
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`patent”), for “Variable Movement Headrest Arrangement,” was duly and lawfully
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`issued, naming Mladen Humer and Yan Fan as inventors. A copy of the ‘733
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`patent is attached as Exhibit D.
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`2:13-cv-12937-SJM-RSW Doc # 1 Filed 07/05/13 Pg 4 of 10 Pg ID 4
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`15. Plaintiff Lear is the owner by assignment of the ‘733 patent.
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`16. Defendant NHK has had knowledge of the ‘733 patent at least
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`since August 8, 2007.
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`17. On October 18, 2005, U.S. Patent No. 6,955,397 (“the ‘397
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`patent”), for “Vehicle Seat Assembly Having Active Head Restraint System,” was
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`duly and lawfully issued, naming Mladen Humer as inventor. A copy of the ‘397
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`patent is attached as Exhibit E.
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`18. Plaintiff Lear is the owner by assignment of the ‘397 patent.
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`19. Defendant NHK has had knowledge of the ‘397 patent at least
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`since September 30, 2009.
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`20. On November 25, 2008, U.S. Patent No. 7,455,357 (“the ‘357
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`patent”), for “Active Head Restraint System For A Vehicle Seat,” was duly and
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`lawfully issued, naming Mladen Humer, Gerald S. Locke and Arjun V. Yetukuri as
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`inventors. A copy of the ‘357 patent is attached as Exhibit F.
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`21. Plaintiff Lear is the owner by assignment of the ‘357 patent.
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`22. Defendant NHK has had knowledge of the ‘357 patent at least
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`since September 30, 2009.
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`23. On May 7, 2013, U.S. Patent No. 8,434,818 (“the ‘818 patent”),
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`for “Variable Seat Having Active Head Restraint,” was duly and lawfully issued,
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`3
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`2:13-cv-12937-SJM-RSW Doc # 1 Filed 07/05/13 Pg 5 of 10 Pg ID 5
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`
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`naming Mladen Humer, Nagarjun Yetukuri, Gerald Locke and Dale Smallwood as
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`inventors. A copy of the ‘818 patent is attached as Exhibit G.
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`24. Plaintiff Lear is the owner by assignment of the ‘818 patent.
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`25. Defendant NHK has had knowledge of the ‘818 patent at least
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`since the filing of this Complaint.
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`
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`IV. COUNT I – PATENT INFRINGEMENT
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`26. Defendant NHK makes, uses, offers for sale, and/or sells active
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`head restraint systems (“NHK Active Head Restraint Systems”) especially made
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`and adapted for seat assemblies in vehicles.
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`27. Upon information and belief, Defendant NHK has been making
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`the NHK Active Head Restraint Systems since at least 2006 and has been selling
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`them to at least Toyota Motor North America, Inc. and/or a related entity
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`(“Toyota”) knowing and intending that Toyota will make, use, offer to sell, sell,
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`and/or import, seat assemblies having the NHK Active Head Restraint Systems
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`and/or vehicles with seat assemblies having the NHK Active Head Restraint
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`Systems, throughout the United States, including in the Eastern District of
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`Michigan.
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`28. The Toyota model vehicles in which the NHK Active Head
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`Restraint Systems have been used in seat assemblies and sold include, at least, the
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`4
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`2:13-cv-12937-SJM-RSW Doc # 1 Filed 07/05/13 Pg 6 of 10 Pg ID 6
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`2008-2011 Toyota Tacoma, the 2008-2011 Toyota Corolla, the 2008-2011 Toyota
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`Matrix, the 2009-2011 Toyota RX, the 2009-2011 Toyota Sienna, the 2008-2011
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`Toyota Venza, the 2008-2011 Toyota RAV 4, the 2008-2011 Toyota Highlander,
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`the 2010-2011 Toyota Prius, and likely additional Toyota vehicles.
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`29. Toyota has directly infringed claims of the ‘043, ‘949, ‘955,
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`‘733, ‘397, ‘357 and ‘818 patents (“All Asserted Patents”) by making, using,
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`offering to sell, and/or selling in the United States, and/or importing into the
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`United States, seat assemblies having the NHK Active Head Restraint Systems
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`and/or vehicles with seat assemblies having the NHK Active Head Restraint
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`Systems.
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`30. The NHK Active Head Restraint Systems are not a staple article
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`or commodity of commerce suitable for any substantial use other than as a material
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`part of a seat assembly.
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`31. Pursuant to communications between Lear and NHK beginning
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`at least on August 8, 2007, NHK was made aware of the ‘043, ‘949, ‘955, and ‘733
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`patents and that seat assemblies having the NHK Active Head Restraint Systems
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`infringe the ‘043, ‘949, ‘955, and ‘733 patents.
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`32. Pursuant to communications between Lear and NHK beginning
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`at least on September 30, 2009, NHK was made aware of the ‘397 and ‘357 patents
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`5
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`2:13-cv-12937-SJM-RSW Doc # 1 Filed 07/05/13 Pg 7 of 10 Pg ID 7
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`and that seat assemblies having the NHK Active Head Restraint Systems infringe
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`the ‘397 and ‘357 patents.
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`33. Pursuant to at least this Complaint, NHK has been made aware
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`of the ‘818 patent and that seat assemblies having the NHK Active Head Restraint
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`Systems infringe the ‘818 patent.
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`34. Defendant NHK has contributorily
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`infringed, and/or
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`is
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`contributorily infringing, claims of All Asserted Patents by making, using, offering
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`for sale, and/or selling in the United States, and/or importing into the United
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`States, the NHK Active Head Restraint Systems which are a material part of the
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`seat assembly inventions of All Asserted Patents, which are not a staple article or
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`commodity of commerce suitable for substantial non-infringing use, and knowing
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`the NHK Active Head Restraint Systems to be especially made or especially
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`adapted for use in an infringement of such claims of All Asserted Patents.
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`35. Upon information and belief, the Defendant NHK has directly
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`infringed and/or is directly infringing claims of All Asserted Patents by making
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`and/or using seat assemblies including the NHK Active HeadRestraint Systems in
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`the United States, for testing purposes or otherwise, an allegation that will likely
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`have evidentiary support after a reasonable opportunity for further investigation or
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`discovery.
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`6
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`2:13-cv-12937-SJM-RSW Doc # 1 Filed 07/05/13 Pg 8 of 10 Pg ID 8
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`36.
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` Upon information and belief, NHK has aided, encouraged,
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`urged, and/or directed, Toyota to make, use, offer to sell, and/or sell in the United
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`States, and/or import into the United States, seat assemblies having the NHK
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`Active Head Restraint Systems and/or vehicles with seat assemblies having the
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`NHK Active Head Restraint Systems, and to accordingly infringe claims of All
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`Asserted Patents, an allegation that will likely have evidentiary support after a
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`reasonable opportunity for further investigation or discovery
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`37. Upon information and belief, NHK through such aiding,
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`encouraging, urging, and/or directing has induced at least Toyota to make, use,
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`sell, and/or offer for sale in the United States, and/or import into the United States,
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`the claimed subject matter of All Asserted Patents, and to infringe one or more
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`claims of All Asserted Patents, without the authority of Lear, knowing that such
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`induced acts constitute infringement and/or intending at least Toyota to infringe, an
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`allegation that will likely have evidentiary support after a reasonable opportunity
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`for further investigation or discovery
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`38. Plaintiff Lear has been harmed, pecuniarily and irreparably, by
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`the infringing conduct of Defendant NHK and such harm will continue unless
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`Defendant is enjoined from further infringement by this Court.
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`7
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`2:13-cv-12937-SJM-RSW Doc # 1 Filed 07/05/13 Pg 9 of 10 Pg ID 9
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`IV. DEMAND FOR RELIEF
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`WHEREFORE, plaintiff Lear requests entry of a judgment against
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`Defendant NHK, granting relief as follows.
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`A.
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`Finding Defendant NHK
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`liable
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`to plaintiff Lear
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`for
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`infringement of the ‘043, ‘949, ‘955, ‘733, ‘397, ‘357 and ‘818 patents;
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`B. Awarding plaintiff Lear damages adequate to compensate for
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`such infringement;
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`C.
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`Increasing the damages up to three times, under authority of 35
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`U.S.C. §284, ¶2;
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`D.
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`Finding the case “exceptional,” under 35 U.S.C. §285, and
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`awarding plaintiff Lear its costs, including reasonable attorney’s fees;
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`E.
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`Preliminarily and permanently enjoining Defendant NHK, its
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`officers, agents, servants, employees, and attorneys, and upon those persons
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`in active concert or participation with them who receive actual notice of the
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`injunction, from further infringement of the ‘043, ‘949, ‘955, ‘733, ‘397,
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`‘357 and ‘818 patents; and
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`F.
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`Granting such other, further and different relief as may be just
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`and equitable on the proofs.
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`8
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`2:13-cv-12937-SJM-RSW Doc # 1 Filed 07/05/13 Pg 10 of 10 Pg ID 10
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`V. DEMAND FOR JURY TRIAL
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`Plaintiff Lear demands trial by jury for all issues so triable.
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`Dated: July 5, 2013
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`Respectfully submitted,
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`BROOKS KUSHMAN P.C.
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` /s/ John M. Halan
`John M. Halan (P37616)
`Frank A. Angileri (P45611)
`LeKeisha M. Suggs (P76523)
`1000 Town Center, Twenty-Second Floor
`Southfield, Michigan 48075
`Tel: (248) 358-4400 / Fax: (248) 358-3351
`Email: jhalan@brookskushman.com
` fangileri@brookskushman.com
` lsuggs@brookskushman.com
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`Attorneys for Lear Corporation
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`9
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