Case 1:12-cv-00654-PLM Doc #129 Filed 12/11/13 Page 1 of 2 PageID #2898
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF MICHIGAN
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`Civil Action No. 1:12-cv-00654
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`Honorable Paul L. Maloney
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`MAGNA ELECTRONICS INC.
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`Plaintiff,
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`TRW AUTOMOTIVE HOLDINGS CORP.; )
`TRW AUTOMOTIVE US LLC; and
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`TRW VEHICLE SAFETY SYSTEMS INC. )
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`Defendants.
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`____________________________________
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`PLAINTIFF’S CONSENTED MOTION FOR LEAVE TO FILE
`THIRD AMENDED COMPLAINT
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`Pursuant to Rule 15(a) of the Federal Rules of Civil Procedure, Plaintiff Magna
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`Electronics Inc., moves the Court for leave to file a Third Amended Complaint in the form
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`attached as Exhibit A.
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`The basis for this motion is that the Third Amended Complaint adds a count for
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`infringement of recently issued Patent Nos. 8,599,001. This patent claims priority to patents
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`asserted in the Second Amended Complaint. The first date scheduled since consolidation of
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`pretrial proceedings in this action is the submission on January 20, 2014 of an Amended Chart of
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`Claims (including contributory infringement claims and newly added patents), with the parties
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`agreeing to exchange charts of infringed claims on January 14, 2014. This amendment will
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`therefore not delay any proceedings in this action. Counsel for Defendants consented to this
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`motion for leave to file a Third Amended Complaint in an email to undersigned counsel on
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`December 10, 2013.
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`Magna 2055
`TRW v. Magna
`IPR2015-00436
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`0001
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`

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`Case 1:12-cv-00654-PLM Doc #129 Filed 12/11/13 Page 2 of 2 PageID #2899
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`WHEREFORE, Plaintiff moves the Court to grant it leave to file its Third Amended
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`Complaint as substantially shown attached hereto as Exhibit A.
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`Respectfully submitted,
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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: December 11, 2013
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`Case 1:12-cv-00654-PLM Doc #129-1 Filed 12/11/13 Page 1 of 2 PageID #2900
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`Civil Action No. 1:12-cv-00654
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`Honorable Paul L. Maloney
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF MICHIGAN
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`MAGNA ELECTRONICS INC.
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`Plaintiff,
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`TRW AUTOMOTIVE HOLDINGS CORP.; )
`TRW AUTOMOTIVE US LLC; and
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`TRW VEHICLE SAFETY SYSTEMS INC. )
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`Defendants.
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`____________________________________
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`PLAINTIFF’S BRIEF IN SUPPORT OF CONSENTED MOTION FOR LEAVE TO FILE
`THIRD AMENDED COMPLAINT
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`Upon consent by Defendants, Plaintiff, Magna Electronics Inc. (Magna), has moved
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`pursuant to Rule 15(a) of the Federal Rules of Civil Procedure for leave to file a Third Amended
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`Complaint.
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`The Third Amended Complaint adds a count for infringement by Defendants of an
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`additional United States Letters Patents Nos. 8,599,001.1 The patent to be added by the Third
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`Amended Complaint issued December 3, 2013, subsequent to the filing of the Second Amended
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`Complaint. The patent sought to be added by the Third Amended Complaint claims priority to
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`patents that are alleged in the Second Amended Complaint. Counsel for Defendants consented
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`to this amendment.
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`The Case Management Order was entered in the consolidated pretrial proceedings
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`including this action was entered November 8, 2013. The first scheduled item on that Order is
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`the submission on January 20, 2014 of an Amended Chart of Claims (including contributory
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`infringement claims and newly added patents), with the parties agreeing to exchange charts of
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`1 By Order of September 25, 2013 (Doc. #97) third and fourth counterclaims of case number 1:13-cv-687 were
`transferred to case number 1:12-cv-654.
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`0003
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`

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`Case 1:12-cv-00654-PLM Doc #129-1 Filed 12/11/13 Page 2 of 2 PageID #2901
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`infringed claims on January 14, 2014. This amendment will therefore not delay any proceedings
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`in this action. Although the Case Management Order designates the pleadings in this proceeding
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`as closed, the pleadings for the other consolidated proceedings (1:13-cv-324 and 1:13-cv-687)
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`remain open for amendment until April 2014. As the Court inferentially noted in its Order
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`consolidating pretrial proceedings, it is not inappropriate for Magna to request to add a patent to
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`this action even though the deadline for amending pleadings has passed. See Opinion and Order
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`Consolidating Cases, September 25, 2013, page 10 fn. 5 (Doc #97). The reasons stated by the
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`Court in ordering transfer of Magna’s infringement claims from case no. 1:-cv-687 to the present
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`action apply equally to the current motion to added to this action the claim of infringement of
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`newly issued Patent No. 8,599,001.
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`It is most efficient for the parties and the Court to resolve the disputes between the parties
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`as to all of the patents asserted in the Third Amended Complaint in a single proceeding.
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`Pursuant to Fed.R.Civ.P.15(a)(2) a party may amend its pleading more than once with the
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`opposing party’s consent or leave of the Court, and the Court should freely give leave when
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`justice so requires.
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`In light of the above, Plaintiff’s motion should be granted.
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`Dated: December 11, 2013
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`Respectfully submitted,
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`/ 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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`0004
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`

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`Case 1:12-cv-00654-PLM Doc #129-2 Filed 12/11/13 Page 1 of 1 PageID #2902
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF MICHIGAN
`- - - - - - - -
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`Civil Action No. 1:12-cv-00654
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`Honorable Paul L. Maloney
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`MAGNA ELECTRONICS INC.
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`Plaintiff,
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`TRW AUTOMOTIVE HOLDINGS CORP.; )
`TRW AUTOMOTIVE US LLC; and
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`TRW VEHICLE SAFETY SYSTEMS INC. )
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`Defendants.
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`____________________________________
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`[PROPOSED] ORDER
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`Plaintiff’s uncontested motion for an order granting leave to file a Third Amended
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`Complaint pursuant to Rule 15(a) of the Federal Rules of Civil Procedure is GRANTED.
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`IT IS HEREBY ORDERED that Plaintiff is granted leave to file its Third Amended
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`Complaint instanter. The Clerk shall enter the Third Amended Complaint on the docket of this
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`case.
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`December ____, 2013
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`_____________________________
` Honorable Paul L. Maloney
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`0005
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`Case 1:12-cv-00654-PLM Doc #129-3 Filed 12/11/13 Page 1 of 38 PageID #2903
`Case 1:12-CV-00654-PLM DOC #129-3 Filed 12/11/13 Page 1 of 38 Page|D #2903
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`EXHIBIT A
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`EXHIBIT A
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`0006
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`EXHIBIT A
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`EXHIBIT A
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`0006
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`Case 1:12-cv-00654-PLM Doc #129-3 Filed 12/11/13 Page 2 of 38 PageID #2904
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF MICHIGAN
`- - - - - - - -
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`MAGNA ELECTRONICS INC.
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`Plaintiff,
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`v.
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`TRW AUTOMOTIVE HOLDINGS CORP.; )
`TRW AUTOMOTIVE US LLC; and
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`TRW VEHICLE SAFETY SYSTEMS INC. )
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`Defendants.
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`____________________________________)
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`Civil Action No. 1:12-cv-00654
`
`Honorable Paul L. Maloney
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`THIRD AMENDED COMPLAINT and
`JURY DEMAND
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`THIRD AMENDED COMPLAINT
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`Magna Electronics Inc. hereby complains of TRW Automotive Holdings Corp., TRW
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`Automotive US LLC, and TRW Vehicle Safety Systems Inc. and alleges as follows:
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`THE PARTIES
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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, a place of business at 2050 Auburn Road, Auburn
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`Hills, Michigan 48326, and is doing business in this District (hereinafter “Magna” or “Plaintiff”).
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`2.
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`Defendant TRW Automotive Holdings Corp. (“TRW Holdings”), upon
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`information and belief, is a Delaware corporation registered to do business in the State of
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`Michigan, with a registered office at 601 Abbott Road, East Lansing, MI 48823, and
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`headquarters located in Michigan. Upon information and belief, TRW Holdings does business
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`under various assumed names, including without limitation, TRW Automotive and TRW Global
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`Electronics.
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`EXHIBIT A
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`0007
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`

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`Case 1:12-cv-00654-PLM Doc #129-3 Filed 12/11/13 Page 3 of 38 PageID #2905
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`3.
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`Defendant TRW Automotive US LLC (“TRW US”), upon information and belief,
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`is a Delaware corporation registered to do business in the State of Michigan, with a registered
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`office at 601 Abbott Road, East Lansing, MI 48823, and facilities located in the Western District
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`of Michigan at 902 Lyons Road, Portland, MI 48875-1097. Upon information and belief, TRW
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`US does business under various assumed names, including without limitation, TRW Automotive
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`and TRW Westminster.
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`4.
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`Defendant TRW Vehicle Safety Systems Inc. (“TRW Vehicle”), upon
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`information and belief, is a Delaware corporation registered to do business in the State of
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`Michigan, with a registered office at 601 Abbott Road, East Lansing, MI 48823.
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`5.
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`On information and Defendants TRW Holdings, TRW US, and TRW Vehicle are
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`related companies. On information and belief, TRW US and TRW Vehicle all report to TRW
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`Holdings, either directly or indirectly, and are ultimately controlled by TRW Holdings. (The
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`defendants are hereinafter collectively referred to as “TRW,” “Defendants TRW” or
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`“Defendants.”)
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`6.
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`Defendants TRW Holdings, TRW US, and TRW Vehicle, upon information and
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`belief, are doing business within the State of Michigan and within the Western District of
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`Michigan, and are engaged in continuous and systematic business within the Western District of
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`Michigan, conduct and solicit business within this district and derive substantial revenue from
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`the sales of their products and/or services within this district and elsewhere in Michigan, and
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`including the commission of acts of infringement as hereinafter stated.
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`JURISDICTION AND VENUE
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`7.
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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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`2
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`EXHIBIT A
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`0008
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`

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`Case 1:12-cv-00654-PLM Doc #129-3 Filed 12/11/13 Page 4 of 38 PageID #2906
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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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`8.
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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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`9.
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`On August 1, 2000, United States Letters Patent No. 6,097,023 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 “Vehicle Headlight Control Using Image Sensor.” A true and correct copy of
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`United States Patent No. 6,097,023 is attached hereto as Exhibit 1 (hereinafter the “’023
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`Patent”).
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`10. On September 9, 2008, United States Letters Patent No. 7,423,248 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 “Automatic Exterior Light Control for a Vehicle.” A true and correct copy of
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`United States Patent No. 7,423,248 is attached hereto as Exhibit 2 (hereinafter the “’248
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`Patent”).
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`11. On December 2, 2008, United States Letters Patent No. 7,459,664 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 “Image Sensing System for a Vehicle.” A true and correct copy of United
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`States Patent No. 7,459,664 is attached hereto as Exhibit 3 (hereinafter the “’664 Patent”).
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`12. On March 4, 2008, United States Letters Patent No. 7,339,149 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 “Vehicle Headlight Control Using Image Sensor.” A true and correct copy of
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`United States Patent No. 7,339,149 is attached hereto as Exhibit 4 (hereinafter the “’149
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`Patent”).
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`3
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`EXHIBIT A
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`0009
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`Case 1:12-cv-00654-PLM Doc #129-3 Filed 12/11/13 Page 5 of 38 PageID #2907
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`13. On March 18, 2008, United States Letters Patent No. 7,344,261 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 “Vehicular Vision System.” A true and correct copy of United States Patent
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`No. 7,344,261 is attached hereto as Exhibit 5 (hereinafter the “’261 Patent”).
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`14. On February 2, 2010, United States Letters Patent No. 7,655,894 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 “Vehicular Image Sensing System.” A true and correct copy of United States
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`Patent No. 7,655,894 is attached hereto as Exhibit 6 (hereinafter the “’894 Patent”).
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`15. On August 9, 2011, United States Letters Patent No. 7,994,462 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 “Vehicular Image Sensing System.” A true and correct copy of United States
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`Patent No. 7,994,462 is attached hereto as Exhibit 7 (hereinafter the “’462 Patent”).
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`16. On June 19, 2012, United States Letters Patent No. 8,203,440 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 “Vehicular Vision System.” A true and correct copy of United States Patent
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`No. 8,203,440 is attached hereto as Exhibit 8 (hereinafter the “’440 Patent”).
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`17. On July 17, 2012, United States Letters Patent No. 8,222,588 was duly and legally
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`issued to the predecessor in interest to Magna, as owner by assignment thereof, for an invention
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`entitled “Vehicular Vision System.” A true and correct copy of United States Patent
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`No. 8,222,588 is attached hereto as Exhibit 9 (hereinafter the “’588 Patent”).
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`18. On November 20, 2012, United States Letters Patent No. 8,314,689 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 “Vehicular Vision System.” A true and correct copy of United States Patent
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`No. 8,314,689 is attached hereto as Exhibit 10 (hereinafter the “’689 Patent”).
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`4
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`EXHIBIT A
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`0010
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`Case 1:12-cv-00654-PLM Doc #129-3 Filed 12/11/13 Page 6 of 38 PageID #2908
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`19. On December 4, 2012, United States Letters Patent No. 8,324,552 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 “Vehicular Image Sensing System.” A true and correct copy of United States
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`Patent No. 8,324,552 is attached hereto as Exhibit 11 (hereinafter the “’552 Patent”).
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`20.
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`On July 9, 2013, United States Letters Patent No. 8,481,910 was duly and legally
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`issued to the predecessor in interest to Magna, as owner by assignment thereof, for an invention
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`entitled “Vehicular Image Sensing System.” A true and correct copy of United States Patent No.
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`8,481,910 is attached hereto as Exhibit 12 (hereinafter the “’910 Patent”).
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`21.
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`On July 23, 2013, United States Letters Patent No. 8,492,698 was duly and legally
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`issued to the predecessor in interest to Magna, as owner by assignment thereof, for an invention
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`entitled “Driver Assistance System for a Vehicle.” A true and correct copy of United States
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`Patent No. 8,492,698 is attached hereto as Exhibit 13 (hereinafter the “’698 Patent”).
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`22.
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`On December 3, 2013, United States Letters Patent No. 8,599,001 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 “Vehicular Image Sensing System.” A true and correct copy of United States
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`Patent No. 8,599,001 is attached hereto as Exhibit 14 (hereinafter the “’001 Patent”).
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`23. Magna is the owner, by valid assignment, of all right, title, and interest in and to
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`the ‘023, ‘248, ‘664, ‘149, ‘261, ‘894, ‘462, '440, ‘588, ‘689, ‘552, ‘910, ‘698 and the ‘001
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`Patents, including the right to seek remedies and relief for past infringement thereof.
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`24. Magna and its predecessors in interest have provided actual notice to Defendants
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`TRW of the ‘023, ‘248, ‘664, ‘149, '261, ‘894, ‘462, ‘689, ‘552, ‘910, ‘698 and the ‘001 Patents.
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`The filing and Notice of this action and the Amended Complaint in this action also provides
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`actual notice to Defendants TRW of the ‘023, ‘248, ‘664, ‘149, ‘261, ‘894, ‘462, ‘440, ‘588,
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`5
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`EXHIBIT A
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`0011
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`Case 1:12-cv-00654-PLM Doc #129-3 Filed 12/11/13 Page 7 of 38 PageID #2909
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`‘689, ‘552, ‘910, ‘698 and the ‘001 Patents. Defendants have notice of the ‘023, ‘248, ‘664,
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`‘149, ‘261, ‘894, ‘462, ‘440, ‘588, ‘689, ‘552, ‘910, ‘698 and the ‘001 Patents.
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`25. An actual and justiciable controversy exists between Magna and Defendants TRW
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`concerning whether the actions of Defendants TRW infringe, contributorily infringe and/or
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`induce infringement of the asserted patents in suit, namely the ‘023, ‘248, ‘664, ‘149, '261, ‘894,
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`‘462, ‘440, ‘588, ‘689, ‘552, ‘910, ‘698 and the ‘001 Patents.
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`26.
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`TRW has marketed, and upon information and belief offered for sale and sold,
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`vision-based vehicle driver assistance systems utilizing what TRW refers as a "TRW Scalable
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`Camera" or "S-Cam" (hereinafter referred to as the "TRW S-Cam System"). Upon information
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`and belief, TRW S-Cam Systems include an imaging sensor and a Mobileye EyeQ™ processor
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`accommodated into a housing. Upon information and belief, TRW has designed S-Cams to be
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`attached (and has attached, induced others to attach and has contributed towards others attaching)
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`at the in-cabin surface of vehicle windshields to view through an area swept by a windshield
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`wiper.
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`27.
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`Upon information and belief, TRW S-Cam Systems include a CMOS imager
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`having the likes of a 752x480 pixel photosensor array, with a pixel arrangement that includes
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`red/clear/clear/clear spectral filtering (RCCC). Upon information and belief, TRW S-Cam
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`Systems include a lens and infra-red (IR) filtering.
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`28.
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`Upon information and belief, TRW S-Cam Systems detect and recognize objects
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`in a forward field of view, examples of which include one or more of headlights, taillights, lane
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`markings, traffic signs and other objects forward of a vehicle. TRW S-Cam Systems provide
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`control for one or more of lane departure warning, forward collision warning, automatic high-
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`beam headlight control and other features. Upon information and belief, those features are
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`provided by TRW S-Cam Systems' utilization of at least one or more of determining the presence
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`6
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`EXHIBIT A
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`0012
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`Case 1:12-cv-00654-PLM Doc #129-3 Filed 12/11/13 Page 8 of 38 PageID #2910
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`of an object in the camera's field of view, the size, shape, contour or motion of an object, the
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`shape, reflectivity, luminance and spectral characteristics of the object, and spatial filtering.
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`29.
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`Upon information and belief, TRW S-Cam Systems include an exposure control
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`which determines an accumulation time that two-dimensional CMOS photosensor arrays
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`(comprising at least 262,144 photosensor elements) of the systems sense light when capturing a
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`frame of image data and the photosensor arrays in TRW S-Cam Systems are arranged in a matrix
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`of columns of photosensor elements and rows of photosensor elements and wherein at least one
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`of (i) the number of columns exceeds 512 and (ii) the number of rows exceeds 512.
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`30.
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`Upon information and belief, TRW S-Cam Systems include CMOS photosensor
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`arrays that are operable to have more than one exposure period that the systems sense light when
`
`capturing image data, and one of the exposure periods has a time period that is longer than the
`
`time period of another of the exposure periods.
`
`
`
`31.
`
`Upon information and belief, TRW has installed and utilizes TRW S-Cam
`
`Systems in one or more vehicles to develop and establish the operability of TRW S-Cam
`
`Systems and for purposes of offering for sale and sale of TRW S-Cam Systems. Upon
`
`information and belief, at least one customer of TRW has entered into an agreement with TRW
`
`to purchase TRW S-Cam Systems adapted to vehicles of said customer, and said customer has
`
`installed one or more TRW S-Cam Systems into vehicles and tested systems for purposes of
`
`engaging in sales to end users of vehicles equipped with TRW S-Cam Systems, such customer
`
`including for example and without limitation, General Motors Corp. for its K2xx vehicles,
`
`including for example and without limitation the 2014 Silverado and 2014 Sierra vehicles. Upon
`
`information and belief, TRW has continued, including continuing after notice, with the use of
`
`TRW S-Cam Systems, delivery of TRW S-Cam Systems and in the making of offers for sale of
`
`TRW S-Cam Systems to automobile manufacturers.
`
`
`
`7
`
`EXHIBIT A
`
`0013
`
`

`
`Case 1:12-cv-00654-PLM Doc #129-3 Filed 12/11/13 Page 9 of 38 PageID #2911
`
`COUNT I
`Infringement of United States Patent No. 6,097,023
`
`Plaintiff incorporates and reasserts paragraphs 1-31 herein by reference.
`
`32.
`
`33. Defendants TRW have, on information and belief, in the past been and still are
`
`
`
`
`
`infringing United States Letters Patent 6,097,023 by making, importing, using, selling, and/or
`
`offering for sale in and to the United States products incorporating Vehicle Headlight Controls
`
`Using Image Sensor embodying the patented invention of the ‘023 Patent. Upon information
`
`and belief Defendants TRW have individually and jointly combined to engage in acts of direct
`
`infringement by themselves and through agents acting in combination, such agents including for
`
`example and without limitation, General Motors Corp. for its K2xx vehicles, including for
`
`example and without limitation the 2014 Silverado and 2014 Sierra vehicles.
`
`
`
`34. Upon information and belief, with knowledge and/or reckless disregard
`
`amounting to knowledge of the infringement by the aforesaid products of the ‘023 Patent,
`
`Defendants have provided Vehicle Headlight Controls Using Image Sensor to at least one third
`
`party for use in infringement of the ‘023 Patent, such third parties including for example and
`
`without limitation, General Motors Corp. for its K2xx vehicles, including for example and
`
`without limitation the 2014 Silverado and 2014 Sierra vehicles. Use by third parties of the
`
`aforesaid Vehicle Headlight Controls Using Image Sensor obtained from or through Defendants
`
`TRW, upon information and belief, infringes the ‘023 Patent. The actions of Defendants TRW
`
`constitute inducement of infringement of United States Letters Patent No. 6,097,023, such
`
`induced infringement including for example and without limitation that of General Motors Corp.
`
`on its K2xx vehicles, including for example and without limitation on the 2014 Silverado and
`
`2014 Sierra vehicles.
`
`
`
`8
`
`EXHIBIT A
`
`0014
`
`

`
`Case 1:12-cv-00654-PLM Doc #129-3 Filed 12/11/13 Page 10 of 38 PageID #2912
`
`
`
`35.
`
`Upon information and belief, Defendants TRW manufacture, import, sell, and/or
`
`offer to sell Vehicle Headlight Controls Using Image Sensor and/or components thereof with
`
`knowledge and/or reckless disregard amounting to knowledge that said Vehicle Headlight
`
`Controls Using Image Sensor and/or components thereof constitute a material part of the
`
`invention of the ‘023 Patent and that are specially made or specially adapted for use in the
`
`infringement of the ‘023 Patent, and said Vehicle Headlight Controls Using Image Sensor and/or
`
`components thereof are not a staple article or commodity of commerce suitable for substantial
`
`noninfringing use. The actions of Defendants TRW constitute contributory infringement of
`
`United States Letters Patent No. 6,097,023, including for example and without limitation
`
`contributory infringement by vehicle headlight controls using image sensor and/or components
`
`thereof provided to and used by General Motors Corp. for its K2xx vehicles, including for
`
`example and without limitation on the 2014 Silverado and 2014 Sierra vehicles.
`
`
`
`36. Upon information and belief, Defendants’ infringement, contributory
`
`infringement, and inducement of infringement have been willful.
`
`
`
`37. Despite any statement to the contrary, upon information and belief, Defendants
`
`TRW will continue to infringe, contributorily infringe and induce the infringement of the ‘023
`
`Patent unless enjoined by this Court.
`
`
`
`38. 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.
`
`
`
`39.
`
`Plaintiff has no adequate remedy at law, and is, therefore, entitled to a permanent
`
`injunction prohibiting further infringement by Defendants.
`
`
`
`40.
`
`Plaintiff has been damaged by past activities of Defendants, and is entitled to
`
`damages for past infringement, contributory infringement and inducement of infringement.
`
`
`
`9
`
`EXHIBIT A
`
`0015
`
`

`
`Case 1:12-cv-00654-PLM Doc #129-3 Filed 12/11/13 Page 11 of 38 PageID #2913
`
`
`
`41.
`
`In the alternative, Plaintiff is entitled to a declaration from the Court establishing
`
`that the actions of Defendants TRW are infringing, contributorily infringing, and inducing
`
`infringement of the ‘023 Patent.
`
`COUNT II
`Infringement of United States Patent No. 7,423,248
`
`Plaintiff incorporates and reasserts paragraphs 1-41 herein by reference.
`
`42.
`
`43. Defendants TRW have, on information and belief, in the past been and still are
`
`
`
`
`
`infringing United States Letters Patent 7,423,248 by making, importing, using, selling, and/or
`
`offering for sale in and to the United States products incorporating Vehicle Headlight Controls
`
`Using Image Sensor embodying the patented invention of the ‘248 Patent. Upon information
`
`and belief Defendants TRW have individually and jointly combined to engage in acts of direct
`
`infringement by themselves and through agents acting in combination, such agents including for
`
`example and without limitation, General Motors Corp. for its K2xx vehicles, including for
`
`example and without limitation the 2014 Silverado and 2014 Sierra vehicles.
`
`
`
`44. Upon information and belief, with knowledge and/or reckless disregard
`
`amounting to knowledge of the infringement by the aforesaid products of the ‘248 Patent,
`
`Defendants have provided Vehicle Headlight Controls Using Image Sensor to at least one third
`
`party for use in infringement of the ‘248 Patent, such third parties including for example and
`
`without limitation, General Motors Corp. for its K2xx vehicles, including for example and
`
`without limitation the 2014 Silverado and 2014 Sierra vehicles. Use by third parties of the
`
`aforesaid Vehicle Headlight Controls Using Image Sensor obtained from or through Defendants
`
`TRW, upon information and belief, infringes the ‘248 Patent. The actions of Defendants TRW
`
`constitute inducement of infringement of United States Letters Patent No. 7,423,248, such
`
`induced infringement including for example and without limitation that of General Motors Corp.
`
`
`
`10
`
`EXHIBIT A
`
`0016
`
`

`
`Case 1:12-cv-00654-PLM Doc #129-3 Filed 12/11/13 Page 12 of 38 PageID #2914
`
`on its K2xx vehicles, including for example and without limitation on the 2014 Silverado and
`
`2014 Sierra vehicles.
`
`
`
`45. Upon information and belief, Defendants TRW manufacture, import, sell, and/or
`
`offer to sell Vehicle Headlight Controls Using Image Sensor and/or components thereof with
`
`knowledge and/or reckless disregard amounting to knowledge that said Vehicle Headlight
`
`Controls Using Image Sensor and/or components thereof constitute a material part of the
`
`invention of the ‘248 Patent and that are specially made or specially adapted for use in the
`
`infringement of the ‘248 Patent, and said Vehicle Headlight Controls Using Image Sensor and/or
`
`components thereof are not a staple article or commodity of commerce suitable for substantial
`
`noninfringing use. The actions of Defendants TRW constitute contributory infringement of
`
`United States Letters Patent No. 7,423,248, including for example and without limitation
`
`contributory infringement by vehicle headlight controls using image sensor and/or components
`
`thereof provided to and used by General Motors Corp. for its K2xx vehicles, including for
`
`example and without limitation on the 2014 Silverado and 2014 Sierra vehicles.
`
`
`
`46. Upon information and belief, Defendants’ infringement, contributory
`
`infringement, and inducement of infringement have been willful.
`
`
`
`47. Despite any statement to the contrary, upon information and belief, Defendants
`
`TRW will continue to infringe, contributorily infringe and induce the infringement of the ‘248
`
`Patent unless enjoined by this Court.
`
`
`
`48. 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.
`
`
`
`49.
`
`Plaintiff has no adequate remedy at law, and is, therefore, entitled to a permanent
`
`injunction prohibiting further infringement by Defendants.
`
`
`
`11
`
`EXHIBIT A
`
`0017
`
`

`
`Case 1:12-cv-00654-PLM Doc #129-3 Filed 12/11/13 Page 13 of 38 PageID #2915
`
`
`
`50.
`
`Plaintiff has been damaged by past activities of Defendants, and is entitled to
`
`damages for past infringement, contributory infringement and inducement of infringement.
`
`
`
`51.
`
`In the alternative, Plaintiff is entitled to a declaration from the Court establishing
`
`that the actions of Defendants TRW are infringing, contributorily infringing, and inducing
`
`infringement of the ‘248 Patent.
`
`COUNT III
`Infringement of United States Patent No. 7,459,664
`
`Plaintiff incorporates and reasserts paragraphs 1-51 herein by reference.
`
`52.
`
`53. Defendants TRW have, on information and belief, in the past been and still are
`
`
`
`
`
`infringing United States Letters Patent 7,459,664 by making, importing, using, selling, and/or
`
`offering for sale in and to the United States products incorporating Image Sensing Systems for a
`
`Vehicle embodying the patented invention of the ‘664 Patent. Upon information and belief
`
`Defendants TRW have individually and jointly combined to engage in acts of direct infringement
`
`by themselves and through agents acting in combination, such agents including for example and
`
`without limitation, General Motors Corp. for its K2xx vehicles, including for example and
`
`without limitation the 2014 Silverado and 2014 Sierra vehicles.
`
`
`
`54. Upon information and belief, with knowledge and/or reckless disregard
`
`amounting to knowledge of the infringement by the aforesaid products of the ‘664 Patent,
`
`Defendants have provided Vehicular Vision Systems to at least one third party for use in
`
`infringement of the ‘664 Patent, such third parties including for example and without limitation,
`
`General Motors Corp. for its K2xx vehicles, including for example and without limitation the
`
`2014 Silverado and 2014 Sierra vehicles. Use by third parties of the aforesaid Image Sensing
`
`Systems for a Vehicle obtained from or through Defendants TRW, upon information and belief,
`
`infringes the ‘664 Patent. The actions of Defendants TRW constitute inducement of infringement
`
`of United States Letters Patent No. 7,459,664, such induced infri