2:13-cv-11376-AC-DRG Doc # 1 Filed 03/28/13 Pg 1 of 14 Pg ID 1
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF MICHIGAN
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`MAGNA ELECTRONICS INC.
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`Plaintiff,
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`v.
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`VALEO, INC.; VALEO S.A.;
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`VALEO GMBH;
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`VALEO SHALTER UND SENSOR GMBH;)
`VALEO VISION SYSTEMS;
` )
`CONNAUGHT ELECTONICS LTD.
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`Defendants.
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`____________________________________)
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`COMPLAINT
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`Civil Action No.
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` Honorable
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`COMPLAINT and
`JURY DEMAND
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`Magna Electronics Inc. hereby complains of Valeo, Inc., Valeo S.A., Valeo GmbH,
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`Valeo Shalter und Sensor GmbH, Valeo Vision Systems, and Connaught Electronics Ltd. and
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`alleges as follows:
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`THE PARTIES
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`
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`1.
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`Magna Electronics Inc. is a corporation organized and existing under the laws of
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`the State of Delaware, registered to do business in the State of Michigan with a registered office
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`of 601 Abbott Road, East Lansing, MI 48823, and a place of business at 2050 Auburn Hills,
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`Michigan 48326, and is doing business in this District (hereinafter “Magna” or “Plaintiff”).
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`2.
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`Defendant Valeo, Inc. (“VALEO US”), upon information and belief, is a New
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`York corporation registered to do business in the State of Michigan, with a principal executive
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`office at 150 Stephenson Highway, Troy, MI 48083, and is doing business in this District. Upon
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`information and belief, VALEO US does business under various assumed names and through
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`various operating divisions and companies.
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`1021-001
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`

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`2:13-cv-11376-AC-DRG Doc # 1 Filed 03/28/13 Pg 2 of 14 Pg ID 2
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`
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`3.
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`Defendant VALEO S.A. (“VALEO FRANCE”), upon information and belief, is a
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`French corporation, with a business address of 43, rue Bayen, Paris, France 75848. Upon
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`information and belief, VALEO France does business under various assumed names and through
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`various operating divisions and companies.
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`4.
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`Defendant VALEO GMBH (“VALEO GERMANY”), upon information and
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`belief, is a German corporation, with a business address of Benzstrasse 33, 38446, Wolfsburg,
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`Germany. Upon information and belief, VALEO GERMANY does business under various
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`assumed names and through various operating divisions and companies.
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`5.
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`Defendant VALEO SHALTER UND SENSOREN GMBH (“VALEO
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`SHALTER”), upon information and belief, is a German corporation, with a business address of
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`Valeostrasse 1, 86650, Wemding, Germany. Upon information and belief, VALEO SHALTER
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`does business under various assumed names and through various operating divisions and
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`companies.
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`6.
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`Defendant VALEO VISION SYSTEMS (“VALEO VISION”), upon information
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`and belief, is a German corporation, with a business address of Laiernstrasse 12, 74321,
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`Bietigheim-Bissingen, Germany. Upon information and belief, VALEO VISION does business
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`under various assumed names and through various operating divisions and companies.
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`7.
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`Defendant CONNAUGHT ELECTRONICS LTD. (“VALEO CONNAUGHT”),
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`upon information and belief, is an Irish corporation, with a business address of IDA Business
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`Park, Dunmore Road, Tuam, County Galway, Ireland. Upon information and belief, VALEO
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`CONNAUGHT does business as Valeo Vision Systems and/or has changed its name to Valeo
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`Vision Systems/formerly Connaught Electronics Ltd., and does business under various assumed
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`names and through various operating divisions and companies.
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`2
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`1021-002
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`2:13-cv-11376-AC-DRG Doc # 1 Filed 03/28/13 Pg 3 of 14 Pg ID 3
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`
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`8.
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`On information and belief, Defendants VALEO US, VALEO FRANCE, VALEO
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`GERMANY, VALEO SHALTER, VALEO VISION and VALEO CONNAUGHT are related
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`companies. On information and belief, VALEO US, VALEO GERMANY, VALEO SHALTER,
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`VALEO VISION and VALEO CONNAUGHT report to VALEO FRANCE, either directly or
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`indirectly, and are ultimately controlled by VALEO FRANCE. (The defendants are hereinafter
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`collectively referred to as “VALEO,” “Defendants VALEO” or “Defendants.”)
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`
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`9.
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`Defendants VALEO US, VALEO FRANCE, VALEO GERMANY, VALEO
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`SHALTER, VALEO VISION and VALEO CONNAUGHT, upon information and belief, are
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`doing business within the State of Michigan and within this District, directly and/or by the
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`placing of products into the stream of commerce targeting the State of Michigan and this District,
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`and are engaged in continuous and systematic business with and within this District, conduct and
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`solicit business within this District and derive substantial revenue from the sales of their products
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`and/or services within this District and elsewhere in Michigan, and including the commission of
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`acts of infringement as hereinafter stated.
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`JURISDICTION AND VENUE
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`
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`10.
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`This action arises under the patent laws of the United States, Title 35 of the
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`United States Code, §§1 et seq. This action also arises under the Federal Declaratory Judgment
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`Act, Title 28 of the United States Code, §§ 2201 and 2202, for a declaration pursuant to the
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`Patent Laws of the United States, 35 U.S.C. §§1 et seq.
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`
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`11.
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`This Court has jurisdiction in this action under 28 U.S.C. §§1331 and 1338.
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`Venue is proper in this judicial district pursuant to 28 U.S.C. §§1391 and 1400.
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`BACKGROUND ALLEGATIONS
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`
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`12. On December 28, 2010, United States Letters Patent No. 7,859,565 was duly and
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`legally issued to the predecessor in interest to Magna, as owner by assignment thereof, for an
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`3
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`1021-003
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`

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`2:13-cv-11376-AC-DRG Doc # 1 Filed 03/28/13 Pg 4 of 14 Pg ID 4
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`invention entitled “Vision System for a Vehicle Including Image Processor.” A true and correct
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`copy of United States Patent No. 7,859,565 is attached hereto as Exhibit 1 (hereinafter the “’565
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`Patent”).
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`
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`13. On January 25, 2011, United States Letters Patent No. 7,877,175 was duly and
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`legally issued to the predecessor in interest to Magna, as owner by assignment thereof, for an
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`invention entitled “Imaging System for Vehicle.” A true and correct copy of
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`United States Patent No. 7,877,175 is attached hereto as Exhibit 2 (hereinafter the “’175
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`Patent”).
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`
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`14. On August 2, 2011, United States Letters Patent No. 7,991,522 was duly and
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`legally issued to the predecessor in interest to Magna, as owner by assignment thereof, for an
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`invention entitled “Imaging System for Vehicle.” A true and correct copy of United
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`States Patent No. 7,991,522 is attached hereto as Exhibit 3 (hereinafter the “’522 Patent”).
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`
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`15. On February 26, 2013, United States Letters Patent No. 8,386,114 was duly and
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`legally issued to the predecessor in interest to Magna, as owner by assignment thereof, for an
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`invention entitled “Imaging System for Vehicle.” A true and correct copy of United States Patent
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`No. 8,386,114 is attached hereto as Exhibit 4 (hereinafter the “’114 Patent”).
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`16. Magna is the owner, by valid assignment, of all right, title, and interest in and to
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`the ‘565, ‘175, ‘522 and ‘114 Patents, including the right to seek remedies and relief for past
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`infringement thereof.
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`
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`17. Magna and its predecessors in interest have provided actual notice to Defendants
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`VALEO of the ‘565, ‘175, ‘522 and ‘114 Patents. The filing and Notice of this action and the
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`Complaint in this action also provides actual notice to Defendants VALEO of the ‘565, ‘175,
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`‘522 and ‘114 Patents. Defendants have notice of the ‘565, ‘175, ‘522 and ‘114 Patents.
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`4
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`1021-004
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`2:13-cv-11376-AC-DRG Doc # 1 Filed 03/28/13 Pg 5 of 14 Pg ID 5
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`
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`18. An actual and justiciable controversy exists between Magna and Defendants
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`VALEO concerning whether the actions of Defendants VALEO infringe, contributorily infringe
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`and/or induce infringement of the ‘114 patent. An actual and justiciable controversy likewise
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`exists between Magna and Defendants VALEO concerning whether the actions of Defendants
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`VALEO infringe, contributorily infringe and/or induce infringement of the other asserted patents
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`in suit, namely the ‘565, ‘175 and ‘522 Patents.
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`
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`19.
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`VALEO has marketed, and upon information and belief offered for sale and sold,
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`vision-based vehicle driver assistance systems utilizing what VALEO refers as a "multi-camera
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`system," including but not limited to systems that include the VALEO system referred to as
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`"360VUE®" (hereinafter referred to as the "VALEO Multi-Camera System"). Upon information
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`and belief, VALEO Multi-Camera Systems include front, rear, and side view automotive
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`cameras and associated electronic control units (ECU). Upon information and belief, VALEO
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`has designed Multi-Camera Systems to have overlapping camera fields of view in order to
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`provide a surround view around the vehicle.
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`20.
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`Upon information and belief, VALEO Multi-Camera Systems include at least a
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`CMOS camera disposed at the driver-side exterior mirror assembly of an equipped vehicle and a
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`CMOS camera disposed at the passenger-side exterior mirror assembly of the equipped vehicle
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`and a rear-viewing CMOS camera disposed a rear portion of the equipped vehicle.
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`21.
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`Upon information and belief, VALEO Multi-Camera Systems produce a
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`synthesized composite image from image data captured by multiple cameras for display on a
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`single display screen, and include correction of camera misalignment and include object
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`detection.
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`22.
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`Upon information and belief, VALEO has installed and utilizes VALEO Multi-
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`Camera Systems in one or more vehicles to develop and establish the operability of VALEO
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`5
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`1021-005
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`2:13-cv-11376-AC-DRG Doc # 1 Filed 03/28/13 Pg 6 of 14 Pg ID 6
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`Multi-Camera Systems and for purposes of offering for sale and sale of VALEO Multi-Camera
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`Systems. Upon information and belief, at least one customer of VALEO has entered into an
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`agreement with VALEO to purchase VALEO Multi-Camera Systems adapted to vehicles of said
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`customer, and said customer has installed one or more VALEO Multi-Camera Systems into
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`vehicles and tested systems for purposes of engaging in sales to end users of vehicles equipped
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`with VALEO Multi-Camera Systems. Upon information and belief, VALEO has continued,
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`including continuing after notice, with the use of VALEO Multi-Camera Systems, delivery of
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`VALEO Multi-Camera Systems and in the making of offers for sale of VALEO Multi-Camera
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`Systems to automobile manufacturers.
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`COUNT I
`Infringement of United States Patent No. 7,859,565
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`Plaintiff incorporates and reasserts paragraphs 1-22 herein by reference.
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`23.
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`24. Defendants VALEO have, on information and belief, in the past been and still are
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`
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`infringing United States Letters Patent 7,859,565 by making, importing, using, selling, and/or
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`offering for sale in and to the United States products incorporating Vision Systems for a Vehicle
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`Including Image Processor embodying the patented invention of the ‘565 Patent. Upon
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`information and belief Defendants VALEO have individually and jointly combined to engage in
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`acts of direct infringement by themselves and through agents acting in combination.
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`
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`25. Upon information and belief, with knowledge and/or reckless disregard
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`amounting to knowledge of the infringement by the aforesaid products of the ‘565 Patent,
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`Defendants have provided Vision Systems for a Vehicle Including Image Processor to at least
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`one third party for use in infringement of the ‘565 Patent. Use by third parties of the aforesaid
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`Vision Systems for a Vehicle Including Image Processor obtained from or through Defendants
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`VALEO, upon information and belief, infringes the ‘565 Patent. The actions of Defendants
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`VALEO constitute inducement of infringement of United States Letters Patent No. 7,859,565.
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`6
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`1021-006
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`2:13-cv-11376-AC-DRG Doc # 1 Filed 03/28/13 Pg 7 of 14 Pg ID 7
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`
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`26.
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`Upon information and belief, Defendants VALEO manufacture, import, sell,
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`and/or offer to sell Vision Systems for a Vehicle Including Image Processor and/or components
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`thereof with knowledge and/or reckless disregard amounting to knowledge that said Vision
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`Systems for a Vehicle Including Image Processor and/or components thereof constitute a
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`material part of the invention of the ‘565 Patent and that are specially made or specially adapted
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`for use in the infringement of the ‘565 Patent, and said Vision Systems for a Vehicle Including
`
`Image Processor and/or components thereof are not a staple article or commodity of commerce
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`suitable for substantial noninfringing use. The actions of Defendants VALEO constitute
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`contributory infringement of United States Letters Patent No. 7,859,565.
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`
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`27. Upon information and belief, Defendants’ infringement, contributory
`
`infringement, and inducement of infringement have been willful.
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`
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`28. Despite any statement to the contrary, upon information and belief, Defendants
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`VALEO will continue to infringe, contributorily infringe and induce the infringement of the ‘565
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`Patent unless enjoined by this Court.
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`
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`29. Upon information and belief, Defendants' infringement, contributory
`
`infringement, and inducement of infringement have resulted in damage to Plaintiff and will
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`continue to do so unless enjoined by this Court.
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`
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`30.
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`Plaintiff has no adequate remedy at law, and is, therefore, entitled to a permanent
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`injunction prohibiting further infringement by Defendants.
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`
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`31.
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`Plaintiff has been damaged by past activities of Defendants, and is entitled to
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`damages for past infringement, contributory infringement and inducement of infringement.
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`32.
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`In the alternative, Plaintiff is entitled to a declaration from the Court establishing
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`that the actions of Defendants VALEO are infringing, contributorily infringing, and inducing
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`infringement of the ‘565 Patent.
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`
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`7
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`1021-007
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`2:13-cv-11376-AC-DRG Doc # 1 Filed 03/28/13 Pg 8 of 14 Pg ID 8
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`COUNT II
`Infringement of United States Patent No. 7,877,175
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`Plaintiff incorporates and reasserts paragraphs 1-32 herein by reference.
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`33.
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`34. Defendants VALEO have, on information and belief, in the past been and still are
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`
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`
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`infringing United States Letters Patent 7,877,175 by making, importing, using, selling, and/or
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`offering for sale in and to the United States products incorporating Imaging Systems for Vehicles
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`embodying the patented invention of the ‘175 Patent. Upon information and belief Defendants
`
`VALEO have individually and jointly combined to engage in acts of direct infringement by
`
`themselves and through agents acting in combination.
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`
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`35. Upon information and belief, with knowledge and/or reckless disregard
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`amounting to knowledge of the infringement by the aforesaid products of the ‘175 Patent,
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`Defendants have provided Imaging Systems for Vehicles to at least one third party for use in
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`infringement of the ‘175 Patent. Use by third parties of the aforesaid Imaging Systems for
`
`Vehicles obtained from or through Defendants VALEO, upon information and belief, infringes
`
`the ‘175 Patent. The actions of Defendants VALEO constitute inducement of infringement of
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`United States Letters Patent No. 7,877,175.
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`
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`36. Upon information and belief, Defendants VALEO manufacture, import, sell,
`
`and/or offer to sell Imaging Systems for Vehicles and/or components thereof with knowledge
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`and/or reckless disregard amounting to knowledge that said Imaging Systems for Vehicles and/or
`
`components thereof constitute a material part of the invention of the ‘175 Patent and that are
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`specially made or specially adapted for use in the infringement of the ‘175 Patent, and said
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`Imaging Systems for Vehicles and/or components thereof are not a staple article or commodity
`
`of commerce suitable for substantial noninfringing use. The actions of Defendants VALEO
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`constitute contributory infringement of United States Letters Patent No. 7,877,175.
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`8
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`1021-008
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`2:13-cv-11376-AC-DRG Doc # 1 Filed 03/28/13 Pg 9 of 14 Pg ID 9
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`
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`37. Upon information and belief, Defendants’ infringement, contributory
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`infringement, and inducement of infringement have been willful.
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`
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`38. Despite any statement to the contrary, upon information and belief, Defendants
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`VALEO will continue to infringe, contributorily infringe and induce the infringement of the ‘175
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`Patent unless enjoined by this Court.
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`
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`39. Upon information and belief, Defendants’ infringement, contributory
`
`infringement, and inducement of infringement have resulted in damage to Plaintiff and will
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`continue to do so unless enjoined by this Court.
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`40.
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`Plaintiff has no adequate remedy at law, and is, therefore, entitled to a permanent
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`injunction prohibiting further infringement by Defendants.
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`
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`41.
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`Plaintiff has been damaged by past activities of Defendants, and is entitled to
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`damages for past infringement, contributory infringement and inducement of infringement.
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`
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`42.
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`In the alternative, Plaintiff is entitled to a declaration from the Court establishing
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`that the actions of Defendants VALEO are infringing, contributorily infringing, and inducing
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`infringement of the ‘175 Patent.
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`COUNT III
`Infringement of United States Patent No. 7,991,522
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`Plaintiff incorporates and reasserts paragraphs 1-42 herein by reference.
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`43.
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`44. Defendants VALEO have, on information and belief, in the past been and still are
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`
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`infringing United States Letters Patent 7,991,522 by making, importing, using, selling, and/or
`
`offering for sale in and to the United States products incorporating Imaging Systems for Vehicles
`
`embodying the patented invention of the ‘522 Patent. Upon information and belief Defendants
`
`VALEO have individually and jointly combined to engage in acts of direct infringement by
`
`themselves and through agents acting in combination.
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`
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`9
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`1021-009
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`2:13-cv-11376-AC-DRG Doc # 1 Filed 03/28/13 Pg 10 of 14 Pg ID 10
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`
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`45. Upon information and belief, with knowledge and/or reckless disregard
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`amounting to knowledge of the infringement by the aforesaid products of the ‘522 Patent,
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`Defendants have provided Imaging Systems for Vehicles to at least one third party for use in
`
`infringement of the ‘522 Patent. Use by third parties of the aforesaid Imaging Systems for
`
`Vehicles obtained from or through Defendants VALEO, upon information and belief, infringes
`
`the ‘522 Patent. The actions of Defendants VALEO constitute inducement of infringement of
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`United States Letters Patent No. 7,991,522.
`
`
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`46. Upon information and belief, Defendants VALEO manufacture, import, sell,
`
`and/or offer to sell Imaging Systems for Vehicles and/or components thereof with knowledge
`
`and/or reckless disregard amounting to knowledge that said Imaging Systems for Vehicles and/or
`
`components thereof constitute a material part of the invention of the ‘522 Patent and that are
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`specially made or specially adapted for use in the infringement of the ‘522 Patent, and said
`
`Imaging Systems for Vehicles and/or components thereof are not a staple article or commodity
`
`of commerce suitable for substantial noninfringing use. The actions of Defendants VALEO
`
`constitute contributory infringement of United States Letters Patent No. 7,991,522.
`
`
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`47. Upon information and belief, Defendants’ infringement, contributory
`
`infringement, and inducement of infringement have been willful.
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`
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`48. Despite any statement to the contrary, upon information and belief, Defendants
`
`VALEO will continue to infringe, contributorily infringe and induce the infringement of the ‘522
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`Patent unless enjoined by this Court.
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`
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`49. Upon information and belief, Defendants' infringement, contributory
`
`infringement, and inducement of infringement have resulted in damage to Plaintiff and will
`
`continue to do so unless enjoined by this Court.
`
`
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`10
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`1021-010
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`2:13-cv-11376-AC-DRG Doc # 1 Filed 03/28/13 Pg 11 of 14 Pg ID 11
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`
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`50.
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`Plaintiff has no adequate remedy at law, and is, therefore, entitled to a permanent
`
`injunction prohibiting further infringement by Defendants.
`
`
`
`51.
`
`Plaintiff has been damaged by past activities of Defendants, and is entitled to
`
`damages for past infringement, contributory infringement and inducement of infringement.
`
`
`
`52.
`
`In the alternative, Plaintiff is entitled to a declaration from the Court establishing
`
`that the actions of Defendants VALEO are infringing, contributorily infringing, and inducing
`
`infringement of the ‘522 Patent.
`
`COUNT IV
`Infringement of United States Patent No. 8,386,114
`
`Plaintiff incorporates and reasserts paragraphs 1-52 herein by reference.
`
`53.
`
`54. Defendants VALEO have, on information and belief, in the past been and still are
`
`
`
`
`
`infringing United States Letters Patent 8,386,114 by making, importing, using, selling, and/or
`
`offering for sale in and to the United States products incorporating Imaging Systems for Vehicles
`
`embodying the patented invention of the ‘114 Patent. Upon information and belief Defendants
`
`VALEO have individually and jointly combined to engage in acts of direct infringement by
`
`themselves and through agents acting in combination.
`
`
`
`55. Upon information and belief, with knowledge and/or reckless disregard
`
`amounting to knowledge of the infringement by the aforesaid products of the ‘149 Patent,
`
`Defendants have provided Imaging Systems for Vehicles to at least one third party for use in
`
`infringement of the ‘114 Patent. Use by third parties of the aforesaid Imaging Systems for
`
`Vehicles obtained from or through Defendants VALEO, upon information and belief, infringes
`
`the ‘114 Patent. The actions of Defendants VALEO constitute inducement of infringement of
`
`United States Letters Patent No. 8,386,114.
`
`
`
`56. Upon information and belief, Defendants VALEO manufacture, import, sell,
`
`and/or offer to sell Imaging Systems for Vehicles and/or components thereof with knowledge
`
`
`
`11
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`1021-011
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`

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`2:13-cv-11376-AC-DRG Doc # 1 Filed 03/28/13 Pg 12 of 14 Pg ID 12
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`and/or reckless disregard amounting to knowledge that said Imaging Systems for Vehicles and/or
`
`components thereof constitute a material part of the invention of the ‘114 Patent and that are
`
`specially made or specially adapted for use in the infringement of the ‘114 Patent, and said
`
`Imaging Systems for Vehicles and/or components thereof are not a staple article or commodity
`
`of commerce suitable for substantial noninfringing use. The actions of Defendants VALEO
`
`constitute contributory infringement of United States Letters Patent No. 8,386,114.
`
`
`
`57. Upon information and belief, Defendants’ infringement, contributory
`
`infringement, and inducement of infringement have been willful.
`
`
`
`58. Despite any statement to the contrary, upon information and belief, Defendants
`
`VALEO will continue to infringe, contributorily infringe and induce the infringement of the ‘114
`
`Patent unless enjoined by this Court.
`
`
`
`59. Upon information and belief, Defendants’ infringement, contributory
`
`infringement, and inducement of infringement have resulted in damage to Plaintiff and will
`
`continue to do so unless enjoined by this Court.
`
`
`
`60.
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`Plaintiff has no adequate remedy at law, and is, therefore, entitled to a permanent
`
`injunction prohibiting further infringement by Defendants.
`
`
`
`61.
`
`Plaintiff has been damaged by past activities of Defendants, and is entitled to
`
`damages for past infringement, contributory infringement and inducement of infringement.
`
`
`
`62.
`
`In the alternative, Plaintiff is entitled to a declaration from the Court establishing
`
`that the actions of Defendants VALEO are infringing, contributorily infringing, and inducing
`
`infringement of the ‘114 Patent.
`
`
`
`
`
`
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`12
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`1021-012
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`2:13-cv-11376-AC-DRG Doc # 1 Filed 03/28/13 Pg 13 of 14 Pg ID 13
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`WHEREFORE, Plaintiff Magna demands that judgment be entered in its favor against
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`Defendants VALEO, as follows:
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`
`
`A.
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`Entering an order determining and/or declaring that Defendants VALEO, and
`
`each of them, infringe, contributorily infringe and induce infringement of the ‘565, ‘175, ‘522
`
`and ‘114 Patents.
`
`
`
`B.
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`Permanently enjoining Defendants VALEO, their officers, agents, servants,
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`employees, attorneys, and all those persons in privity or in active concert or participation with
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`them, and each of them, from further manufacture, importation, sale, offer for sale, and/or use of
`
`an apparatus which infringes, contributorily infringes, or induces infringement of the ‘565, ‘175,
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`‘522 and/or ‘114 Patents.
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`C.
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`Permanently enjoining Defendants VALEO, their officers, agents, servants,
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`employees, attorneys, and all those persons in privity or in active concert or participation with it,
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`and each of them, from further acts of infringement of the ‘565, ‘175, ‘522 and/or ‘114 Patents.
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`D.
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`Ordering an accounting.
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`Awarding damages adequate to compensate Plaintiff for Defendants’
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`infringement, contributory infringement, and inducement of infringement of the ‘565, ‘175, ‘522
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`and/or ‘114 Patents.
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`F.
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`Increasing the damages up to three times the amount found or assessed for
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`Defendants’ willful acts of infringement.
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`Awarding prejudgment interest and costs.
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`Finding this to be an exceptional case and awarding reasonable attorney’s fees to
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`Plaintiff.
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`I.
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`Such other and further relief as is necessary and appropriate.
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`13
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`1021-013
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`2:13-cv-11376-AC-DRG Doc # 1 Filed 03/28/13 Pg 14 of 14 Pg ID 14
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`Plaintiff hereby demands a trial by jury of all issues triable by jury in this action.
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`JURY DEMAND
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`/s/ Terence J. Linn
`Terence J. Linn (P-33449)
`Karl Ondersma (P-68028)
`Gardner, Linn, Burkhart & Flory, LLP
`2851 Charlevoix Drive SE, Suite 207
`Grand Rapids, Michigan 49546
`(616) 975-5500
`linn@glbf.com
`ondersma@glbf.com
`Attorneys for Plaintiff Magna Electronics Inc.
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`Dated: March 28, 2013
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`14
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`1021-014
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