Case 2:14-cv-00200-JRG Document 1 Filed 03/10/14 Page 1 of 15 PageID #: 1
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`
`C.A. No. 2:14-CV-200
`
`JURY TRIAL DEMANDED
`
`§
`INNOVATIVE DISPLAY
`§
`TECHNOLOGIES LLC,
`§
`
`
`§
`
`Plaintiff,
`§
`
`
`§
`v.
`
`§
`
`
`§
`TOYOTA MOTOR CORPORATION;
`§
`TOYOTA MOTOR SALES, U.S.A., INC.;
`§
`TOYOTA MOTOR MANUFACTURING,
`§
` KENTUCKY, INC.;
`§
`TOYOTA MOTOR MANUFACTURING,
`
`INDIANA, INC.;
`§
`§
`TOYOTA MOTOR MANUFACTURING,
`§
` TEXAS, INC.;
`§
`TOYOTA MOTOR MANUFACTURING,
`§
` MISSISSIPPI, INC.;
`SUBARU OF INDIANA AUTOMOTIVE, INC.; §
`and GULF STATES TOYOTA, INC.
`§
`
`
`§
`
`Defendants.
`§
`
`
`
`PLAINTIFF’S COMPLAINT
`Plaintiff Innovative Display Technologies LLC, by and through its undersigned counsel,
`
`files this Original Complaint for patent infringement against the following Defendants:
`
`Toyota Motor Corporation;
`Toyota Motor Sales, U.S.A., Inc.;
`Toyota Motor Manufacturing, Kentucky, Inc.;
`Toyota Motor Manufacturing, Indiana, Inc.;
`Toyota Motor Manufacturing, Texas, Inc.;
`Toyota Motor Manufacturing, Mississippi, Inc.;
`Subaru of Indiana Automotive, Inc.; and
`Gulf States Toyota, Inc.
`
`(collectively “Toyota”).
`
`
`
`1
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`Page 1 of 15
`
`TOYOTA EXHIBIT 1013
`
`
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`
`C.A. No. 2:14-CV-200
`
`JURY TRIAL DEMANDED
`
`§
`INNOVATIVE DISPLAY
`§
`TECHNOLOGIES LLC,
`§
`
`
`§
`
`Plaintiff,
`§
`
`
`§
`v.
`
`§
`
`
`§
`TOYOTA MOTOR CORPORATION;
`§
`TOYOTA MOTOR SALES, U.S.A., INC.;
`§
`TOYOTA MOTOR MANUFACTURING,
`§
` KENTUCKY, INC.;
`§
`TOYOTA MOTOR MANUFACTURING,
`
`INDIANA, INC.;
`§
`§
`TOYOTA MOTOR MANUFACTURING,
`§
` TEXAS, INC.;
`§
`TOYOTA MOTOR MANUFACTURING,
`§
` MISSISSIPPI, INC.;
`SUBARU OF INDIANA AUTOMOTIVE, INC.; §
`and GULF STATES TOYOTA, INC.
`§
`
`
`§
`
`Defendants.
`§
`
`
`
`PLAINTIFF’S COMPLAINT
`Plaintiff Innovative Display Technologies LLC, by and through its undersigned counsel,
`
`files this Original Complaint for patent infringement against the following Defendants:
`
`Toyota Motor Corporation;
`Toyota Motor Sales, U.S.A., Inc.;
`Toyota Motor Manufacturing, Kentucky, Inc.;
`Toyota Motor Manufacturing, Indiana, Inc.;
`Toyota Motor Manufacturing, Texas, Inc.;
`Toyota Motor Manufacturing, Mississippi, Inc.;
`Subaru of Indiana Automotive, Inc.; and
`Gulf States Toyota, Inc.
`
`(collectively “Toyota”).
`
`
`
`1
`
`Page 1 of 15
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`TOYOTA EXHIBIT 1013
`
`
`
`Case 2:14-cv-00200-JRG Document 1 Filed 03/10/14 Page 2 of 15 PageID #: 2
`
`
`
`THE PARTIES
`
`1.
`
`Plaintiff Innovative Display Technologies LLC (“IDT”) is a Texas limited
`
`liability company with a place of business at 2400 Dallas Parkway, Suite 200, Plano, Texas
`
`75093.
`
`2.
`
`Defendant Toyota Motor Corporation is a corporation existing under the laws of
`
`Japan with its principal place of business at 1 Toyota-cha, Toyota City, Aichi Prefecture 471-
`
`8571, Japan.
`
`3.
`
`Defendant Toyota Motor Sales U.S.A., Inc. (“TMS”) is a California corporation
`
`with its principal place of business at 19001 S. Western Avenue, Torrance, California 90501.
`
`TMS is responsible for U.S. sales, marketing and distribution for Toyota Motor Corporation,
`
`which is TMS’s corporate parent.
`
`4.
`
`Defendant Toyota Motor Manufacturing, Kentucky, Inc. (“TMMK”) is a
`
`Kentucky corporation with its principal place of business at in 1001 Cherry Blossom Way,
`
`Georgetown, Kentucky 40324. TMMK’s corporate parent is Toyota Motor Corporation.
`
`5.
`
`Defendant Toyota Motor Manufacturing, Indiana, Inc. (“TMMI”) is an Indiana
`
`corporation with its principal place of business at 4000 Tulip Tree Drive, Princeton, Indiana
`
`47670. TMMI’s corporate parent is Toyota Motor Corporation.
`
`6.
`
`Defendant Toyota Motor Manufacturing, Texas, Inc. (“TMMTX”) is a Texas
`
`corporation with its principal place of business at One Lone Star Pass, San Antonio, Texas
`
`78264. TMMTX’s corporate parent is Toyota Motor Corporation.
`
`
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`2
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`Page 2 of 15
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`Case 2:14-cv-00200-JRG Document 1 Filed 03/10/14 Page 3 of 15 PageID #: 3
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`
`
`7.
`
`Defendant Toyota Motor Manufacturing, Mississippi, Inc. (“TMMMS”) is a
`
`Mississippi corporation with its principal place of business at 1200 Magnolia Way, Blue Springs,
`
`Mississippi 38828. TMMMS’s corporate parent is Toyota Motor Corporation.
`
`8.
`
`Defendant Subaru of Indiana Automotive, Inc. (“SIA”) is an Indiana corporation
`
`with its principal place of business at 5500 State Rd. 38 East, Lafayette, Indiana 47903. SIA
`
`manufactures Toyota and Subaru automobiles.
`
`9.
`
`Defendant Gulf States Toyota, Inc. (“Gulf States”) is a Texas corporation with its
`
`principal place of business at 1375 Enclave Parkway, Houston, Texas 77077. Gulf States is a
`
`distributor of Toyota automobiles.
`
`JURISDICTION AND VENUE
`
`10.
`
`This action arises under the Patent Laws of the United States, 35 U.S.C. § 271 et
`
`seq.
`
`11.
`
`This Court has subject matter jurisdiction over this case for patent infringement
`
`under 28 U.S.C. §§ 1331 and 1338(a).
`
`12.
`
`This Court has personal jurisdiction over Toyota. On information and belief,
`
`Toyota, either directly or through intermediaries, regularly sells products and services into this
`
`judicial district and manufactures products intended to be sold and in fact sold into and within
`
`this judicial district. Additionally, on information and belief, this Court has personal jurisdiction
`
`over Toyota because Toyota has committed, aided, abetted, contributed to, induced, and/or
`
`participated in the commission of acts within this judicial district giving rise to this action.
`
`13.
`
`Venue is proper in this judicial district under 28 U.S.C. §§ 1391(b) and 1400 (b).
`
`
`
`
`
`
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`3
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`Page 3 of 15
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`Case 2:14-cv-00200-JRG Document 1 Filed 03/10/14 Page 4 of 15 PageID #: 4
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`
`
`PATENTS IN SUIT
`
`14.
`
`U.S. Patent No. 6,755,547 titled “Light Emitting Panel Assemblies” (“the ’547
`
`Patent”) was duly and legally issued by the U.S. Patent & Trademark Office on June 29, 2004,
`
`after full and fair examination. Jeffery R. Parker is the named inventor of the ’547 Patent. IDT
`
`owns the ’547 Patent and holds the right to sue and recover damages for infringement thereof.
`
`15.
`
`U.S. Patent No. 7,300,194 titled “Light Emitting Panel Assemblies” (“the ’194
`
`Patent”) was duly and legally issued by the U.S. Patent & Trademark Office on November 27,
`
`2007, after full and fair examination. Jeffery R. Parker is the named inventor of the ’194 Patent.
`
`IDT owns the ’194 Patent and holds the right to sue and recover damages for infringement
`
`thereof.
`
`16.
`
`U.S. Patent No. 7,384,177 titled “Light Emitting Panel Assemblies” (“the ’177
`
`Patent”) was duly and legally issued by the U.S. Patent & Trademark Office on June 10, 2008,
`
`after full and fair examination. Jeffery R. Parker is the named inventor of the ’177 Patent. IDT
`
`owns the ’177 Patent and holds the right to sue and recover damages for infringement thereof.
`
`17.
`
`U.S. Patent No. 7,404,660 titled “Light Emitting Panel Assemblies” (“the ’660
`
`Patent”) was duly and legally issued by the U.S. Patent & Trademark Office on July 29, 2008,
`
`after full and fair examination. Jeffery R. Parker is the named inventor of the ’660 Patent. IDT
`
`owns the ’660 Patent and holds the right to sue and recover damages for infringement thereof.
`
`
`
`
`
`
`
`4
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`Case 2:14-cv-00200-JRG Document 1 Filed 03/10/14 Page 5 of 15 PageID #: 5
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`
`
`18.
`
`U.S. Patent No. 7,434,974 titled “Light Emitting Panel Assemblies” (“the ’974
`
`Patent”) was duly and legally issued by the U.S. Patent & Trademark Office on October 14,
`
`2008, after full and fair examination. Jeffery R. Parker is the named inventor of the ’974 Patent.
`
`IDT owns the ’974 Patent and holds the right to sue and recover damages for infringement
`
`thereof.
`
`19.
`
`U.S. Patent No. 8,215,816 titled “Light Emitting Panel Assemblies” (“the ’816
`
`Patent”) was duly and legally issued by the U.S. Patent & Trademark Office on July 10, 2012,
`
`after full and fair examination. Jeffery R. Parker is the named inventor of the ’816 Patent. IDT
`
`owns the ’816 Patent and holds the right to sue and recover damages for infringement thereof.
`
`20.
`
`U.S. Patent No. 6,508,563 titled “Light Emitting Panel Assemblies for Use in
`
`Automotive Applications and the Like” (“the ’563 Patent”) was duly and legally issued by the
`
`U.S. Patent & Trademark Office on January 21, 2003, after full and fair examination. Jeffery R.
`
`Parker, Mark D. Miller and Thomas A. Hough are the named inventors of the ’563 Patent. IDT
`
`owns the ’563 Patent and holds the right to sue and recover damages for infringement thereof.
`
`21.
`
`U.S. Patent No. 6,886,956 titled “Light Emitting Panel Assemblies for Use in
`
`Automotive Applications and the Like” (“the ’956 Patent”) was duly and legally issued by the
`
`U.S. Patent & Trademark Office on May 3, 2005, after full and fair examination. Jeffery R.
`
`Parker, Mark D. Miller and Thomas A. Hough are the named inventors of the ’956 Patent. IDT
`
`owns the ’956 Patent and holds the right to sue and recover damages for infringement thereof.
`
`
`
`
`
`
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`5
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`Page 5 of 15
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`Case 2:14-cv-00200-JRG Document 1 Filed 03/10/14 Page 6 of 15 PageID #: 6
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`
`
`COUNT 1: Infringement of U.S. Patent No. 6,755,547
`
`22.
`
`Plaintiff repeats and re-alleges each and every allegation of paragraphs 1-21 as
`
`though fully set forth herein.
`
`23.
`
`On information and belief, Toyota has been and now is directly infringing, and/or
`
`inducing infringement by others, and/or contributing to the infringement by others of the ’547
`
`Patent in the state of Texas, in this judicial district, and elsewhere within the United States by,
`
`among other things, making, using, offering for sale, selling, or importing vehicles (including but
`
`not limited to various model years of Toyota’s Camry model) having displays (including but not
`
`limited to the 86140-06010 navigation system display) that infringe one or more claims of the
`
`’547 Patent, all to the injury of IDT. Toyota is thus liable for infringement of the ’547 Patent
`
`pursuant to 35 U.S.C. § 271.
`
`24.
`
`As a result of Toyota’s infringement of the ’547 Patent, Toyota has damaged IDT.
`
`Toyota is liable to IDT in an amount to be determined at trial that adequately compensates IDT
`
`for the infringement, which by law can be no less than a reasonable royalty.
`
`25.
`
`IDT intends to seek discovery on the issue of willfulness and reserves the right to
`
`seek a willfulness finding relative to pre-suit infringement and/or post-suit infringement of the
`
`’547 Patent.
`
`26.
`
`As a result of Toyota’s infringement of the ’547 Patent, IDT has suffered and will
`
`continue to suffer loss and injury unless Toyota is enjoined by this Court.
`
`27.
`
`At least as early as its receipt of this Complaint, Toyota has had knowledge of the
`
`’547 Patent and written notice of the infringement.
`
`
`
`
`
`
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`6
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`Page 6 of 15
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`Case 2:14-cv-00200-JRG Document 1 Filed 03/10/14 Page 7 of 15 PageID #: 7
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`
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`COUNT 2: Infringement of U.S. Patent No. 7,300,194
`
`28.
`
`Plaintiff repeats and re-alleges each and every allegation of paragraphs 1-27 as
`
`though fully set forth herein.
`
`29.
`
`On information and belief, Toyota has been and now is directly infringing, and/or
`
`inducing infringement by others, and/or contributing to the infringement by others of the ’194
`
`Patent in the state of Texas, in this judicial district, and elsewhere within the United States by,
`
`among other things, making, using, offering for sale, selling, or importing vehicles (including but
`
`not limited to various model years of Toyota’s Camry model) having displays (including but not
`
`limited to the 86140-06010 navigation system display) that infringe one or more claims of the
`
`’194 Patent, all to the injury of IDT. Toyota is thus liable for infringement of the ’194 Patent
`
`pursuant to 35 U.S.C. § 271.
`
`30.
`
`As a result of Toyota’s infringement of the ’194 Patent, Toyota has damaged IDT.
`
`Toyota is liable to IDT in an amount to be determined at trial that adequately compensates IDT
`
`for the infringement, which by law can be no less than a reasonable royalty.
`
`31.
`
`IDT intends to seek discovery on the issue of willfulness and reserves the right to
`
`seek a willfulness finding relative to pre-suit infringement and/or post-suit infringement of the
`
`’194 Patent.
`
`32.
`
`As a result of Toyota’s infringement of the ’194 Patent, IDT has suffered and will
`
`continue to suffer loss and injury unless Toyota is enjoined by this Court.
`
`33.
`
`At least as early as its receipt of this Complaint, Toyota has had knowledge of the
`
`’194 Patent and written notice of the infringement.
`
`
`
`
`
`
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`7
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`Page 7 of 15
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`Case 2:14-cv-00200-JRG Document 1 Filed 03/10/14 Page 8 of 15 PageID #: 8
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`
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`COUNT 3: Infringement of U.S. Patent No. 7,384,177
`
`34.
`
`Plaintiff repeats and re-alleges each and every allegation of paragraphs 1-33 as
`
`though fully set forth herein.
`
`35.
`
`On information and belief, Toyota has been and now is directly infringing, and/or
`
`inducing infringement by others, and/or contributing to the infringement by others of the ’177
`
`Patent in the state of Texas, in this judicial district, and elsewhere within the United States by,
`
`among other things, making, using, offering for sale, selling, or importing vehicles (including but
`
`not limited to various model years of Toyota’s Camry model) having displays (including but not
`
`limited to the 86140-06010 navigation system display) that infringe one or more claims of the
`
`’177 Patent, all to the injury of IDT. Toyota is thus liable for infringement of the ’177 Patent
`
`pursuant to 35 U.S.C. § 271.
`
`36.
`
`As a result of Toyota’s infringement of the ’177 Patent, Toyota has damaged IDT.
`
`Toyota is liable to IDT in an amount to be determined at trial that adequately compensates IDT
`
`for the infringement, which by law can be no less than a reasonable royalty.
`
`37.
`
`IDT intends to seek discovery on the issue of willfulness and reserves the right to
`
`seek a willfulness finding relative to pre-suit infringement and/or post-suit infringement of the
`
`’177 Patent.
`
`38.
`
`As a result of Toyota’s infringement of the ’177 Patent, IDT has suffered and will
`
`continue to suffer loss and injury unless Toyota is enjoined by this Court.
`
`39.
`
`At least as early as its receipt of this Complaint, Toyota has had knowledge of the
`
`’177 Patent and written notice of the infringement.
`
`
`
`
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`8
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`Page 8 of 15
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`Case 2:14-cv-00200-JRG Document 1 Filed 03/10/14 Page 9 of 15 PageID #: 9
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`
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`COUNT 4: Infringement of U.S. Patent No. 7,404,660
`
`40.
`
`Plaintiff repeats and re-alleges each and every allegation of paragraphs 1-39 as
`
`though fully set forth herein.
`
`41.
`
`On information and belief, Toyota has been and now is directly infringing, and/or
`
`inducing infringement by others, and/or contributing to the infringement by others of the ’660
`
`Patent in the state of Texas, in this judicial district, and elsewhere within the United States by,
`
`among other things, making, using, offering for sale, selling, or importing vehicles (including but
`
`not limited to various model years of Toyota’s Camry model) having displays (including but not
`
`limited to the 86140-06010 navigation system display) that infringe one or more claims of the
`
`’660 Patent, all to the injury of IDT. Toyota is thus liable for infringement of the ’660 Patent
`
`pursuant to 35 U.S.C. § 271.
`
`42.
`
`As a result of Toyota’s infringement of the ’660 Patent, Toyota has damaged IDT.
`
`Toyota is liable to IDT in an amount to be determined at trial that adequately compensates IDT
`
`for the infringement, which by law can be no less than a reasonable royalty.
`
`43.
`
`IDT intends to seek discovery on the issue of willfulness and reserves the right to
`
`seek a willfulness finding relative to pre-suit infringement and/or post-suit infringement of the
`
`’660 Patent.
`
`44.
`
`As a result of Toyota’s infringement of the ’660 Patent, IDT has suffered and will
`
`continue to suffer loss and injury unless Toyota is enjoined by this Court.
`
`45.
`
`At least as early as its receipt of this Complaint, Toyota has had knowledge of the
`
`’660 Patent and written notice of the infringement.
`
`
`
`
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`9
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`Page 9 of 15
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`Case 2:14-cv-00200-JRG Document 1 Filed 03/10/14 Page 10 of 15 PageID #: 10
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`
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`COUNT 5: Infringement of U.S. Patent No. 7,434,974
`
`46.
`
`Plaintiff repeats and re-alleges each and every allegation of paragraphs 1-45 as
`
`though fully set forth herein.
`
`47.
`
`On information and belief, Toyota has been and now is directly infringing, and/or
`
`inducing infringement by others, and/or contributing to the infringement by others of the ’974
`
`Patent in the state of Texas, in this judicial district, and elsewhere within the United States by,
`
`among other things, making, using, offering for sale, selling, or importing vehicles (including but
`
`not limited to various model years of Toyota’s Camry model) having displays (including but not
`
`limited to the 86140-06010 navigation system display) that infringe one or more claims of the
`
`’974 Patent, all to the injury of IDT. Toyota is thus liable for infringement of the ’974 Patent
`
`pursuant to 35 U.S.C. § 271.
`
`48.
`
`As a result of Toyota’s infringement of the ’974 Patent, Toyota has damaged IDT.
`
`Toyota is liable to IDT in an amount to be determined at trial that adequately compensates IDT
`
`for the infringement, which by law can be no less than a reasonable royalty.
`
`49.
`
`IDT intends to seek discovery on the issue of willfulness and reserves the right to
`
`seek a willfulness finding relative to pre-suit infringement and/or post-suit infringement of the
`
`’974 Patent.
`
`50.
`
`As a result of Toyota’s infringement of the ’974 Patent, IDT has suffered and will
`
`continue to suffer loss and injury unless Toyota is enjoined by this Court.
`
`51.
`
`At least as early as its receipt of this Complaint, Toyota has had knowledge of the
`
`’974 Patent and written notice of the infringement.
`
`
`
`
`
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`10
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`Page 10 of 15
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`Case 2:14-cv-00200-JRG Document 1 Filed 03/10/14 Page 11 of 15 PageID #: 11
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`
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`COUNT 6: Infringement of U.S. Patent No. 8,215,816
`
`52.
`
`Plaintiff repeats and re-alleges each and every allegation of paragraphs 1-51 as
`
`though fully set forth herein.
`
`53.
`
`On information and belief, Toyota has been and now is directly infringing, and/or
`
`inducing infringement by others, and/or contributing to the infringement by others of the ’816
`
`Patent in the state of Texas, in this judicial district, and elsewhere within the United States by,
`
`among other things, making, using, offering for sale, selling, or importing vehicles (including but
`
`not limited to various model years of Toyota’s Camry model) having displays (including but not
`
`limited to the 86140-06010 navigation system display) that infringe one or more claims of the
`
`’816 Patent, all to the injury of IDT. Toyota is thus liable for infringement of the ’816 Patent
`
`pursuant to 35 U.S.C. § 271.
`
`54.
`
`As a result of Toyota’s infringement of the ’816 Patent, Toyota has damaged IDT.
`
`Toyota is liable to IDT in an amount to be determined at trial that adequately compensates IDT
`
`for the infringement, which by law can be no less than a reasonable royalty.
`
`55.
`
`IDT intends to seek discovery on the issue of willfulness and reserves the right to
`
`seek a willfulness finding relative to pre-suit infringement and/or post-suit infringement of the
`
`’816 Patent.
`
`56.
`
`As a result of Toyota’s infringement of the ’816 Patent, IDT has suffered and will
`
`continue to suffer loss and injury unless Toyota is enjoined by this Court.
`
`57.
`
`At least as early as its receipt of this Complaint, Toyota has had knowledge of the
`
`’816 Patent and written notice of the infringement.
`
`
`
`
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`11
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`Page 11 of 15
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`Case 2:14-cv-00200-JRG Document 1 Filed 03/10/14 Page 12 of 15 PageID #: 12
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`
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`COUNT 7: Infringement of U.S. Patent No. 6,508,563
`
`58.
`
`Plaintiff repeats and re-alleges each and every allegation of paragraphs 1-57 as
`
`though fully set forth herein.
`
`59.
`
`On information and belief, Toyota has been and now is directly infringing, and/or
`
`inducing infringement by others, and/or contributing to the infringement by others of the ’563
`
`Patent in the state of Texas, in this judicial district, and elsewhere within the United States by,
`
`among other things, making, using, offering for sale, selling, or importing vehicles (including but
`
`not limited to various model years of Toyota’s Lexus LS460 model) having lights (including but
`
`not limited to the 81551-50160 and 81561-50160 rear combination lamps) that infringe one or
`
`more claims of the ’563 Patent, all to the injury of IDT. Toyota is thus liable for infringement of
`
`the ’563 Patent pursuant to 35 U.S.C. § 271.
`
`60.
`
`As a result of Toyota’s infringement of the ’563 Patent, Toyota has damaged IDT.
`
`Toyota is liable to IDT in an amount to be determined at trial that adequately compensates IDT
`
`for the infringement, which by law can be no less than a reasonable royalty.
`
`61.
`
`IDT intends to seek discovery on the issue of willfulness and reserves the right to
`
`seek a willfulness finding relative to pre-suit infringement and/or post-suit infringement of the
`
`’563 Patent.
`
`62.
`
`As a result of Toyota’s infringement of the ’563 Patent, IDT has suffered and will
`
`continue to suffer loss and injury unless Toyota is enjoined by this Court.
`
`63.
`
`At least as early as its receipt of this Complaint, Toyota has had knowledge of the
`
`’563 Patent and written notice of the infringement.
`
`
`
`
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`12
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`Page 12 of 15
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`Case 2:14-cv-00200-JRG Document 1 Filed 03/10/14 Page 13 of 15 PageID #: 13
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`
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`COUNT 8: Infringement of U.S. Patent No. 6,886,956
`
`64.
`
`Plaintiff repeats and re-alleges each and every allegation of paragraphs 1-63 as
`
`though fully set forth herein.
`
`65.
`
`On information and belief, Toyota has been and now is directly infringing, and/or
`
`inducing infringement by others, and/or contributing to the infringement by others of the ’956
`
`Patent in the state of Texas, in this judicial district, and elsewhere within the United States by,
`
`among other things, making, using, offering for sale, selling, or importing vehicles (including but
`
`not limited to various model years of Toyota’s Lexus LS460 model) having lights (including but
`
`not limited to the 81551-50160 and 81561-50160 rear combination lamps) that infringe one or
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`more claims of the ’956 Patent, all to the injury of IDT. Toyota is thus liable for infringement of
`
`the ’956 Patent pursuant to 35 U.S.C. § 271.
`
`66.
`
`As a result of Toyota’s infringement of the ’956 Patent, Toyota has damaged IDT.
`
`Toyota is liable to IDT in an amount to be determined at trial that adequately compensates IDT
`
`for the infringement, which by law can be no less than a reasonable royalty.
`
`67.
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`IDT intends to seek discovery on the issue of willfulness and reserves the right to
`
`seek a willfulness finding relative to pre-suit infringement and/or post-suit infringement of the
`
`’956 Patent.
`
`68.
`
`As a result of Toyota’s infringement of the ’956 Patent, IDT has suffered and will
`
`continue to suffer loss and injury unless Toyota is enjoined by this Court.
`
`69.
`
`At least as early as its receipt of this Complaint, Toyota has had knowledge of the
`
`’956 Patent and written notice of the infringement.
`
`
`
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`13
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`Page 13 of 15
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`
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`Case 2:14-cv-00200-JRG Document 1 Filed 03/10/14 Page 14 of 15 PageID #: 14
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`
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`JURY DEMAND
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`70.
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`Plaintiff hereby requests a trial by jury pursuant to Rule 38 of the Federal Rules of
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`Civil Procedure.
`
`
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`PRAYER FOR RELIEF
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`71.
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`Plaintiff respectfully requests that the Court find in its favor and against Toyota,
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`and that the Court grant Plaintiff the following relief:
`
`A.
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`A judgment that Toyota has infringed the patents-in-suit as alleged herein,
`
`directly and/or indirectly by way of inducing infringement of such patents;
`
`B.
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`A judgment for an accounting of all damages sustained by Plaintiff as a result of
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`the acts of infringement by Toyota;
`
`C.
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`A judgment and order requiring Toyota to pay Plaintiff damages under 35 U.S.C.
`
`§ 284, including up to treble damages for willful infringement as provided by 35
`
`U.S.C. § 284, and any royalties determined to be appropriate;
`
`D.
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`A permanent injunction enjoining Toyota and its officers, directors, agents,
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`servants, employees, affiliates, divisions, branches, subsidiaries, parents and all
`
`others acting in concert or privity with them from direct and/or indirect
`
`infringement of the patents-in-suit pursuant to 35 U.S.C. § 283;
`
`E.
`
`A judgment and order requiring Toyota to pay Plaintiff pre-judgment and post-
`
`judgment interest on the damages awarded; and
`
`F.
`
`Such other and further relief as the Court deems just and equitable.
`
`
`
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`14
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`Page 14 of 15
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`
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`Case 2:14-cv-00200-JRG Document 1 Filed 03/10/14 Page 15 of 15 PageID #: 15
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`
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`Dated: March 10, 2014
`
`
`
`
`
`
`
`Respectfully submitted,
`
`
`
`
`
`/s/ Demetrios Anaipakos
`Demetrios Anaipakos
`Texas Bar No. 00793258
`danaipakos@azalaw.com
`Amir Alavi
`Texas Bar No. 00793239
`aalavi@azalaw.com
`Brian E. Simmons
`Texas Bar No. 24004922
`bsimmons@azalaw.com
`George W. Webb III
`Texas Bar No. 24003146
`gwebb@azalaw.com
`AHMAD, ZAVITSANOS, ANAIPAKOS,
`
`ALAVI & MENSING P.C.
`1221 McKinney Street, Suite 3460
`Houston, TX 77010
`Telephone: 713-655-1101
`Facsimile: 713-655-0062
`Attorneys for Plaintiff
`INNOVATIVE DISPLAY
`TECHNOLOGIES LLC
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`
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`15
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`Page 15 of 15
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`
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