Case 3:14-cv-00808-REP Document 25 Filed 02/02/15 Page 1 of 112 PageID# 88
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF VIRGINIA
`RICHMOND DIVISION
`
`
`Civil Action No. 3:14-cv-808-REP
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`
`JURY TRIAL DEMANDED
`
`
`))))))))))))))
`
`
`ORBITAL AUSTRALIA PTY LTD
`and
`ORBITAL FLUID TECHNOLOGIES,
`INC.,
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` Plaintiff(s),
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`
`
`
`DAIMLER AG,
`MERCEDES-BENZ USA LLC,
`MERCEDES-BENZ US
`INTERNATIONAL INC.,
`ROBERT BOSCH GMBH, and
`ROBERT BOSCH LLC,
`
` Defendant(s).
`
`
`
`
`AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`
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`This is a civil action for patent infringement by Orbital Australia Pty Ltd (“Orbital
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`Australia”) and Orbital Fluid Technologies, Inc. (“Orbital USA”) (collectively, “Orbital”)
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`against Daimler AG (“Daimler”), and its United States subsidiaries, Mercedes-Benz USA, LLC
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`(“Mercedes USA”) and Mercedes-Benz U.S. International, Inc. (“Mercedes International”)
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`(collectively, “Mercedes”), and Robert Bosch GmbH (“Bosch Germany”) and its United States
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`subsidiary Robert Bosch LLC (“Bosch USA”) (collectively, “Bosch”), for infringement of
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`United States Patent Nos. 6,923,387 (the “’387 patent”), 5,655,365 (the “’365 patent”), and
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`5,606,951 (the “’951 patent”) (collectively, the “Asserted Patents”), under 35 U.S.C. § 271. True
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`and correct copies of the Asserted Patents are attached hereto as Exhibits 1 through 3,
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`respectively. Orbital seeks a judgment finding that Mercedes has infringed the Asserted Patents.
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`BOSCH-DAIMLER EXHIBIT 1009
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`Orbital seeks a judgment finding that Bosch has infringed the ’387 patent. Orbital seeks a
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`judgment awarding Orbital compensatory damages and permanent injunctive relief enjoining
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`Mercedes and Bosch from using the patented inventions of the ’387 patent, or a compulsory
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`license fee if the Court determines that injunctive relief is not appropriate. Orbital seeks a
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`judgment awarding compensatory damages for Mercedes’ infringement of the ’365 and ’951
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`patents. By and through its undersigned counsel, Orbital alleges as follows:
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`THE PARTIES
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`1.
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`Plaintiff Orbital USA is a Delaware corporation with current ownership interest in
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`Synerject LLC, a joint venture, located at 201 Enterprise Dr., Newport News, Virginia, 23603.
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`During a period of development of the Asserted Patents, Orbital USA had its principal place of
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`business in Newport News, Virginia. Orbital USA is a wholly owned subsidiary of Orbital
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`Australia. Orbital USA is an exclusive licensee, in the automotive field, of the Asserted Patents.
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`2.
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`Plaintiff Orbital Australia is an Australian company with its principal place of
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`business at 4 Whipple St., Balcatta, Western Australia, 6021. Orbital Australia is, and at all
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`relevant times has been, the sole owner of each of the Asserted Patents, including the right to
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`collect damages for past infringement of the Asserted Patents.
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`3.
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`Defendant Daimler is a corporation organized under the laws of Germany with its
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`principal place of business at Mercedesstr. 137, 70327 Stuttgart, Germany.
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`4.
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`Defendant Mercedes USA is a Delaware limited liability company with its
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`principal place of business at One Mercedes Drive, Montvale, New Jersey, 07645. Mercedes
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`USA is a subsidiary of Daimler that is responsible for the distribution and marketing of
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`Mercedes-Benz vehicles in the United States.
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`5.
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`Defendant Mercedes International is an Alabama corporation with its principal
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`place of business at One Mercedes Drive, Vance, Alabama, 35490. Mercedes International is a
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`subsidiary of Daimler responsible for the manufacture of Mercedes-Benz vehicles in the United
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`States.
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`6.
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`Upon information and belief, and as more specifically alleged below, Daimler,
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`Mercedes USA, and Mercedes International together, individually, and/or through agents,
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`infringe each of the Asserted Patents.
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`7.
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`Defendant Bosch Germany is a limited liability company organized under the
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`laws of Germany with its principal place of business at Robert-Bosch-Platz 1, 70839 Gerlingen,
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`Germany.
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`8.
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`Defendant Bosch USA is a Delaware limited liability company with its principal
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`place of business at 3800 Hills Tech Drive, Farmington Hills, Michigan, 48331. Bosch USA is a
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`wholly owned subsidiary of Bosch Germany.
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`9.
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`Upon information and belief, and as more specifically alleged below, Bosch
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`Germany, and Bosch USA together, individually, and/or through agents, infringe the ’387 patent.
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`JURISDICTION AND VENUE
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`10.
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`This Court has jurisdiction over the subject matter of this action pursuant to 28
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`U.S.C. §§ 1331 and 1338(a) because this action arises under the patent laws of the United States.
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`11.
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`The Court has personal jurisdiction over each Mercedes defendant under Virginia
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`Code § 8.01-328.1 because each has sufficient minimum contacts with the forum, resulting from
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`its regular transaction of business within the Commonwealth of Virginia and within the Eastern
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`District of Virginia. Each Mercedes defendant directly or indirectly sells vehicles through
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`twelve dealerships in Virginia, nine of which are located within the Eastern District of Virginia.
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`Mercedes’, including Daimler’s, Mercedes USA’s, and Mercedes International’s, efforts in
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`advertising online and through these established locations demonstrate that it has established the
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`requisite minimum contacts in Virginia. Additionally, through these dealerships and advertising
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`activities, each of the Mercedes defendants has established direct contacts with Virginia
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`residents. Daimler leads customers to these Mercedes dealerships through its website, by
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`directing United States customers to the Mercedes USA website, which provides specific
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`information regarding Mercedes dealerships across the United States, including Virginia.
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`Further, Daimler and Mercedes International manufacture vehicles to be transferred into, and
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`sold within, the Commonwealth of Virginia. The Mercedes dealerships within the Eastern
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`District of Virginia sell Mercedes vehicles manufactured by Daimler, manufactured by Mercedes
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`International, and brought into the district by Mercedes USA and/or a concerted effort between
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`Daimler, Mercedes USA, Mercedes International and their agents. The Mercedes defendants,
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`directly or through their agents, operate the accused Mercedes vehicles in an infringing manner
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`during transportation and/or sale into and in the Eastern District of Virginia and the Newport
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`News Division. Further, following the sale of the Mercedes vehicles, Mercedes’ customers
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`routinely use the vehicles in an infringing manner in the Eastern District of Virginia and in the
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`Newport News Division.
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`12.
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`The Court has personal jurisdiction over each Bosch defendant under Virginia
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`Code § 8.01-328.1 because each has sufficient minimum contacts with the forum, resulting from
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`its regular transaction of business within the Commonwealth of Virginia and within the Eastern
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`District of Virginia and the Newport News Division. Bosch defendants manufacture a wide
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`variety of automotive parts which can be used on a variety of vehicle makes and models. Each
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`Bosch defendant has established direct contacts with Virginia residents through advertising and
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`sale of its automotive parts online, through dealerships, and through third party retailers. Bosch
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`USA’s website identifies over 50 different vehicle makes, including Mercedes, for which Bosch
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`manufactures parts. 1 These parts are delivered to and used by vehicle dealerships, including
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`Mercedes dealerships. Additionally, the Bosch USA website provides the location of third party
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`retailers which stock and sell Bosch automotive parts.2 More specifically, when searching for
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`gasoline direct injection parts, the Bosch USA website identifies 17 third party retailers that
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`stock, for sale, Bosch automotive parts, within 20 miles of the Spottswood W. Robinson III and
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`Robert R. Merhige, Jr., Federal Courthouse and eight third party retailers within 20 miles of the
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`Newport News Federal Courthouse. Bosch Germany’s and Bosch USA’s efforts in advertising
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`online and selling Bosch auto parts through these established locations demonstrate that each
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`Bosch defendant has established the requisite minimum contacts in Virginia. Further, upon
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`information and belief Bosch USA and/or Bosch Germany, directly or through agents, are
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`responsible for the importation of Bosch automotive parts, and the delivery and sale of the
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`automotive parts to dealerships and third party retailers in the Eastern District of Virginia and the
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`Newport News Division.
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`13.
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`Venue is proper in this District, including in the Newport News Division and this
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`Division under 28 U.S.C. §§ 1391 and 1400(b) and Local Civil Rule 3(C) because, as alleged
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`above, each defendant is a corporate entity subject to personal jurisdiction in this District,
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`including in the Newport News and this Division. Further, because each Defendant has
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`distributed, advertised, sold and/or used, and/or has induced others to use, methods and systems
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`that infringe one or more of the Asserted Patents, a substantial part of the events giving rise to
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`the claims asserted herein occurred, and are continuing to occur, in this District, including in the
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`Newport News and this Division. Additionally, part of the work that led to the patented
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`inventions occurred in this judicial district and the Newport News division.
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`1 http://www.boschautoparts.com/
`2 http://www.boschautoparts.com/gasoline-direct-injection
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`BACKGROUND
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`14.
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`Orbital is a specialized engine and vehicle systems innovation company with 30
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`years of experience in advanced technology and product development. Such technology and
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`product developments have been embedded in a wide array of engine and vehicle products
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`around the world. Orbital is focused on finding high efficiency, low emission, world class
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`solutions for customers in the following industries: automotive, powered recreation, industrial,
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`resources, government, aerospace, and in other segments. As part of this focus, Orbital initiated
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`and directed multiple projects upon which the original designers of the claimed inventions of the
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`’387, ’365, and ’951 patents worked, leading to these claimed inventions.
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`15.
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`Orbital began developing and using centrally-mounted, spray-guided direct fuel
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`injection systems in the early 1980’s. Orbital used direct injectors in 2 stroke engines and was
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`seen as a world leader in making internal combustion engines cleaner and more fuel efficient. In
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`1995, Mercedes expressed interest in Orbital’s technology and began evaluating the Orbital
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`Combustion Process (OCP) on a 4 stroke Mercedes engine. Thereafter, Orbital and Mercedes
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`established a working relationship focused on applying the OCP technology to a dedicated 4
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`stroke engine system to improve fuel efficiency and emissions.
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`16.
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`By 1995, Orbital Australia filed the ’365 patent (“Method of Operating an
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`Internal Combustion Engine”) and ’951 patent (“Engine Air Supply Systems”).
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`17.
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`In 1997, Orbital and Siemens Automotive Corporation (later Continental
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`Automotive Corporation) formed the Synerject LLC joint venture to provide original equipment
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`manufacturers (OEMs) in the marine, motorcycle and recreation industries with gasoline Engine
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`Management Systems (EMS) and fuel system components.
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`18.
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`In the 1997/98 timeframe, Orbital Australia incorporated the OCP into a
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`Mercedes engine and tested its performance. One of the main technical issues with direct
`
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`injection systems is the effect of carbon deposits that build up on the injector as a result of fuel
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`combustion. The carbon deposits negatively affect the spray pattern of the spray guided direct
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`injectors.
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`19.
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`From 1999-2002, Orbital Australia worked on improvements for deposit control
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`in fuel injector nozzles. Part of this work occurred in the Synerject facility at Newport News,
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`Virginia. This work became the subject of the ’387 patent (“Deposit Control In Fuel Injector
`
`Nozzles”), filed in 2000. Synerject’s global headquarters is currently located in Newport News,
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`Virginia. Synerject’s Newport News facility is a 60,000 ft2 production and design center that
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`manufactures fuel systems, modules, and components.
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`20.
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`Orbital Australia presented the patented technology for deposit control in fuel
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`injector nozzles to Mercedes in great technical detail after the filing of the ʼ387 patent.
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`21.
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`In 2001, Orbital Australia presented at least part of the control strategy claimed in
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`the ʼ365 patent to Daimler representatives during a visit to Orbital Australia.
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`22.
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`In 2002, Orbital Australia delivered a demonstrator vehicle to Daimler. This
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`vehicle included the patented injector features. Shortly thereafter, Daimler advised Orbital
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`Australia that they would not be proceeding with the Orbital project.
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`23. Mercedes has since released numerous versions of vehicles in the United States
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`that include engines with a centrally-mounted, spray-guided direct injection system using Bosch
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`injectors that infringe the claimed features of the ’387 patent. Mercedes has also sold vehicles in
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`the United States that infringe the patented methods and systems of the ’365 and ’951 patents.
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`24.
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`Daimler manufactures automobiles in Germany that are imported into the United
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`States and are used and sold throughout the United States. Daimler manufactures engines in
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`Germany that are imported into the United States and used in the assembly of automobiles,
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`which are used and sold throughout the United States.
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`25. Mercedes USA states on its website that it is a nationwide organization employing
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`over 1,600 people, and has 362 associated dealerships that employ over 22,000 people.3
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`Additionally, on its website, Mercedes USA advertises that its employees are working in “core
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`areas” including, but not limited to: (1) Vehicle Preparation Centers; (2) Import & Domestic; (3)
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`Transportation Logistics; (4) Retail Distribution; (5) Vehicle Preparation Center; (5) Vehicle
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`Test Centers, (6) Emissions Control, (7) Service Engineering, (8) Test Centers; and (9) Quality
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`Engineering Center.4
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`26. Mercedes International manufactures vehicles in Vance, Alabama. Mercedes
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`International does not manufacture the engines or transmissions. The engines and transmissions,
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`used in the vehicles manufactured by Mercedes International, are made in Germany and are
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`imported into the United States for assembly at the Mercedes International factory in Vance,
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`Alabama. Additional engines are manufactured in Decherd, Tennessee, by a Daimler joint
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`venture, for assembly at the Mercedes International factory in Vance, Alabama.5 According to a
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`press release on Daimler’s website, Mercedes International manufactured more than 185,000
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`vehicles in 2013, and has manufactured more than two million vehicles as of September 2014.6
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`In 2014, Mercedes International began manufacturing Mercedes-Benz C-Class sedans.7
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`Daimler’s Dr. Dieter Zetsche, Chairman of the Board of Management of Daimler AG and Head
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`of Mercedes-Benz Cars, stated in a press release, “[w]e are consistently seeing record sales in the
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`3 http://www.mbusa.com/mercedes/about_us/companyinfo
`4 http://www.mbusa.com/mercedes/about_us/careers
`5 http://www.ft.com/intl/cms/s/0/4ab9a014-3a0c-11e1-8707-00144feabdc0.html#axzz3QQfbYPcQ
`6 http://media.daimler.com/dcmedia/0-921-656511-1-1735644-1-0-0-0-0-1-0-0-0-1-0-0-0-0-
`0.html?TS=1422220472667
`7 Id.
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`USA. By launching the new C-Class we are setting new standards in our biggest sales market.”8
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`Additionally, in the press release, referring to the production at Mercedes International,
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`Daimler’s Markus Schäfer, Member of the Divisional Board of Mercedes-Benz Cars, Production
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`& Supply Chain Management, stated, “[t]he local production will enable us to supply the US
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`market more quickly and flexibly. We will lower logistics costs and safeguard ourselves better
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`against exchange rate fluctuations through ‘natural hedging.’”9
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`27.
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`On its website, Bosch Germany advertises that it is part of the Bosch Group,
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`which consists of Bosch Germany “and its more than 360 subsidiaries and regional companies in
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`some 50 countries.”10 With regard to the Bosch Group, Bosch Germany’s website advertises that
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`its “worldwide development, manufacturing, and sales network is the foundation for further
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`growth.”11 Bosch Gasoline Systems is a division of Bosch Germany, as advertised on Bosch
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`Germany’s website, that has areas of operation including, “engine management” and “modules
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`and engine components.”12 Additionally, on its website, Bosch Germany advertises the “High-
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`pressure piezo injector,” a fuel injector for gasoline direct injection, and advertises that Bosch
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`Germany should be contacted regarding the injector.13 Further, the Bosch Germany website
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`provides a product data sheet for the High-pressure piezo injector.14
`
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`8 Id.
`9 Id.
`10 http://annual-report.bosch.com/annual-report-2013/the-bosch-group/
`11 Id.
`12
`http://www.bosch.de/en/de/our_company_1/business_sectors_and_divisions_1/gasoline_systems_1/gasoline-
`systems.html
`13 http://www.bosch-mobility-solutions.com/en/de/_technik/component/PT_PC_BDI_Fuel-Injection-
`NEU_PT_PC_Direct-Gasoline-Injection_02_10181.html?compId=8000; http://www.bosch-mobility-
`solutions.com/en/de/about_us/contact/kontaktformular.php
`14 http://www.bosch-mobility-
`solutions.com/media/en/ubk_europe/db_application/downloads/pdf/antrieb/de_5/gs_datenblatt_piezo_hochdruck_ei
`nspritzventil_hdev4_de.pdf
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`Bosch USA advertises that it is a member of the Bosch Group.15 Bosch USA also
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`28.
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`advertises that it has a “Gasoline Systems” division that has areas of operation including, “engine
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`management” and “modules and engine components.”16 Gasoline systems is one division of the
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`Automotive Technology sector. On its website, a Bosch USA publication states that
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`“Automotive Technology is the largest business sector for Bosch globally and in North
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`America.”17 The publication identifies that the Automotive Technology sector generated 70
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`percent of Bosch sales in North America.18 The publication further states, that the main areas of
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`operation include, inter alia, fuel-injection systems for internal combustion engines, and a range
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`of after-sales, engineering-support and service concepts for the automotive aftermarket.19
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`29.
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`Orbital offered Bosch a license for use of several of its injector patents in 2011,
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`including the ʼ387 patent, which Bosch declined.
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`INFRINGING PRODUCTS LIST
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`Products Infringing U.S. Patent 6,923,387
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`30.
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`The Bosch fuel injector, identified as Mercedes part number A2780700687, and
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`Bosch part number 0261500065 (“the Injector”), infringes one or more claims of the ʼ387 patent,
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`as more specifically alleged below. The Injector, according to Bosch, is for use in spray guided
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`combustion processes. Thus, any additional spray guided direct injectors that are substantially
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`similar to the Injector will also infringe one or more claims of the ʼ387 patent. For example, an
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`earlier generation of the Injector, Mercedes part number A2720720187, is believed to be
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`substantially similar to the Injector.
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`15 http://www.bosch.us/en/us/our_company_1/our-company-lp.html
`16
`http://www.bosch.us/en/us/our_company_1/business_sectors_and_divisions_1/gasoline_systems_1/gasoline-
`systems.html
`17 http://www.bosch.us/media/us/publication/Bosch_BiNA2014.pdf
`18 Id.
`19 Id.
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`Case 3:14-cv-00808-REP Document 25 Filed 02/02/15 Page 11 of 112 PageID# 98
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`The Mercedes vehicles identified in Exhibit 4, incorporate the Injector and
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`31.
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`infringe one or more claims of the ʼ387 patent, as more specifically alleged below. Specific
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`vehicles incorporating the Injector can be determined by knowing the Mercedes part number and
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`searching the Mercedes Electronic Parts Catalogue (EPC).
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`32. Mercedes engines that incorporate the Injector, also infringe one or more claims
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`of the ’387 patent. Specific engines incorporating the Injector can be determined by knowing the
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`Mercedes part number and searching the Mercedes Electronic Parts Catalogue (EPC).
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`33.
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`To the extent discovery reveals additional Mercedes vehicles and/or engines that
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`include the Injector, or reveals any substantially similar infringing injectors, Mercedes vehicles,
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`and/or Mercedes engines containing the same, Orbital reserves the right to update its list of
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`infringing products.
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`Products Infringing U.S. Patents 5,655,365 and 5,606,951
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`34. Mercedes vehicles that include internal combustion engine control systems
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`identified and described in the counts below, infringe one or more claims of the ’365 and ’951
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`patents, as more specifically alleged below.
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`35.
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`Due to emissions and regulatory constraints as well as the need for a consistent
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`customer experience, on information and belief, all modern Mercedes vehicle internal
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`combustion engine control systems are believed to be the same as, or for all purposes relevant to
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`these allegations, substantially similar to the internal combustion engine control systems
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`contained in the Mercedes vehicles analyzed in more detail below.
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`36.
`
`Testing conducted on two different Mercedes vehicles revealed that both vehicles
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`infringe, at least, the ʼ365 patent. Further, third-party diagnostic tool manufacturers state that
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`Mercedes vehicles use the Bosch Motronic control system. Bosch documents show that
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`Mercedes vehicles utilizing Bosch control systems infringe at least one claim of the ʼ951 patent.
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`Case 3:14-cv-00808-REP Document 25 Filed 02/02/15 Page 12 of 112 PageID# 99
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`Discovery of Mercedes’ documents and internal databases will allow for
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`37.
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`identification of the Electronic Control Units (ECUs) and their applied control systems in
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`Mercedes vehicles, information that is not readily available through public sources. To the
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`extent discovery reveals additional Mercedes vehicles that include internal combustion engine
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`control systems that infringe the ʼ365 patent and/or the ʼ951 patent, Orbital reserves the right to
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`update its list of infringing products.
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`COUNT I
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`Patent Infringement of U.S. Patent 6,923,387
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`38.
`
`Orbital re-alleges and incorporates by reference the allegations of paragraphs 1-38
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`as if fully set forth herein.
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`39.
`
`On August 2, 2005, U.S. Patent No. 6,923,387 (the ʼ387 patent), entitled “Deposit
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`Control in Fuel Injector Nozzles” was duly and legally issued by the United States Patent and
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`Trademark Office. The ’387 patent is valid and enforceable.
`
`40.
`
`Orbital Australia owns, and at all relevant times has been the sole owner of the
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`’387 patent. Pursuant to 35 U.S.C. § 154(a)(1), Orbital USA, as an exclusive licensee in the
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`automotive field, has the right to exclude others from making, using, offering for sale, or selling
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`the invention disclosed in the ’387 patent, including the right to bring this action for damages
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`and injunctive relief.
`
`1.
`
`Mercedes
`
`41.
`
`In violation of 35 U.S.C. § 271, as more specifically alleged below, each of the
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`Mercedes Defendants, including its affiliates, has directly infringed and continues to directly
`
`infringe, literally or under the doctrine of equivalents, one or more claims of the ʼ387 patent, by,
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`without limitation, making, using, importing, selling, and/or offering for sale automobiles in the
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`Eastern District of Virginia and elsewhere within the United States, that incorporate fuel
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`injectors with deposit control technology that satisfy all of the limitations of one or more of the
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`claims of the ʼ387 patent.
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`42. Mercedes has had knowledge of the ʼ387 patent since, at least, the filing of the
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`Complaint in this action. Additionally, Daimler obtained knowledge of the technology claimed
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`in the ʼ387 patent during its prior extensive business relationship with Orbital, including through
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`Orbital presentations to Mercedes which included the patented technology.
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`43.
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`In violation of 35 U.S.C. § 271, the Mercedes Defendants actively induce third-
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`party manufacturers, distributors, importers and/or consumers that purchase or sell Mercedes
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`automobiles incorporating fuel injectors with deposit control technology that satisfy all of the
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`limitations of one or more of the claims of the ʼ387 patent, to directly infringe one or more
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`claims of the ʼ387 patent. Daimler induces infringement, at least, by knowingly manufacturing
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`and selling automobiles with the intent that its customers directly infringe the ʼ387 patent
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`through sales and use of the automobiles in the United States. Mercedes USA induces
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`infringement, at least, by knowingly selling automobiles with the intent that its customers
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`directly infringe the ʼ387 patent through sales and use of the automobiles in the United States.
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`Mercedes International induces infringement, at least, by knowingly manufacturing and selling
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`automobiles with the intent that its customers directly infringe the ʼ387 patent through sales and
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`use of the automobiles in the United States.
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`44. Mercedes’ acts of infringement have caused damage to Orbital, and Orbital is
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`entitled to recover damages in an amount subject to proof at trial.
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`45.
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`Orbital has been, and continues to be, damaged and irreparably harmed by
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`Mercedes’ infringement, which will continue unless Mercedes is enjoined by this Court.
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`2.
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`Bosch
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`As more specifically alleged below, in violation of 35 U.S.C. § 271, Defendants
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`46.
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`Bosch, have directly infringed and continue to directly infringe, both literally and under the
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`doctrine of equivalents, one or more claims of the ʼ387 patent, by, without limitation, using,
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`importing, selling, and/or offering for sale, fuel injectors with deposit control technology that
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`satisfy all of the limitations of one or more of the claims of the ʼ387 patent, within the Eastern
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`District of Virginia and elsewhere within the United States.
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`47.
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`Bosch has had knowledge of the ʼ387 patent since, at least, the filing of the
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`Complaint. Additionally, Bosch Germany obtained knowledge of the ʼ387 patent and its
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`existence in 2011, through a licensing offer made by Orbital Australia to Bosch Germany, for the
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`use of the patented technology, including specifically the ’387 patent.
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`48.
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`In violation of 35 U.S.C. § 271, Defendants Bosch actively induce third-party
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`manufacturers, distributors, importers and/or consumers that purchase or sell Bosch fuel injectors
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`with deposit control technology, that satisfy all of the limitations of one or more of the claims of
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`the ʼ387 patent, to directly infringe one or more claims of the ʼ387 patent. Bosch Germany
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`induces infringement, at least, by knowingly manufacturing and selling the Injector with the
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`intent that its customers directly infringe the ʼ387 patent through sales and use of the Injector in
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`the United States. Bosch USA induces infringement, at least, by knowingly selling the Injector
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`with the intent that its customers directly infringe the ʼ387 patent through sales and use of the
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`Injector in the United States.
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`49.
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`Bosch’s acts of infringement have caused damage to Orbital, and Orbital is
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`entitled to recover damages in an amount subject to proof at trial.
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`50.
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`Orbital has been, and continues to be, damaged and irreparably harmed by
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`Bosch’s infringement, which will continue unless Bosch is enjoined by this Court.
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`Direct Infringement of the ʼ387 Patent
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`3.
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`51.
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`Orbital’s current infringement positions are based upon reasonable information
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`and belief. Orbital anticipates collecting additional evidentiary support through the discovery
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`process. As such, Orbital reserves the right to assert any claims of the ʼ387 patent, against any
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`additional infringing product identified during the discovery process.
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`52.
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`Certain Mercedes automobiles incorporate fuel injectors with deposit control
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`technology that literally infringe at least claims 1, 2, 4-6, 10, 14-16, 18, and 19 of the ʼ387
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`patent. Specifically, at least the Mercedes automobiles identified in Exhibit 4 were identified by
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`the Mercedes electronic parts catalog (EPC) as containing the Injector.
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`53.
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`The Injector, manufactured by Bosch, is a fuel injector with deposit control
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`technology, for use in internal combustion engines, that literally infringes at least claims 1, 2, 4-
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`6, 10, 14-16, 18, and 19 of the ʼ387 patent.
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`54. While it is Orbital’s position that each defendant literally infringes the asserted
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`claims of the ’387 patent, in the event defendants allege and/or the Court construes a claim term
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`such that one or more of the defendants may be found not to literally infringe one or more of the
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`asserted claims of the ʼ387 patent, Orbital reserves the right to provide additional contentions,
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`regarding infringement under the doctrine of equivalents.
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`55.
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`The Injector is used to deliver fuel into engine cylinders, as part of normal engine
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`operation. The Injector is a physical, mechanical part, within the engine. Certain information
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`regarding the Injector and its use can be gained from publicly available information and physical
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`inspection of the Injector. Orbital anticipates obtaining additional information regarding the
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`characteristics of the Injector and its use through discovery.
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`56.
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`Based upon currently available information, the making, using, selling, offering
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`for sale, and importing of, Mercedes automobiles that include the Injector, Mercedes engines that
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`include the Injector, and the Injector directly infringe at least claims 1, 2, 4-6, 10, 14-16, 18, and
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`19 of the ʼ387 patent, as follows:
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`a. Claim 1
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`i. Claim 1 recites, “An injector nozzle for a fuel injected internal
`combustion engine,”
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`57.
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`As shown in the images below, the Injector, manufactured by Bosch, found in
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`Mercedes-Benz vehicles is an injector nozzle for a fuel injected internal combustion engine.
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`Bosch gasoline high pressure piezo injector webpage - http://www.bosch-mobility-
`solutions.com/en/de/_technik/component/PT_PC_BDI_Fuel-Injection-NEU_PT_PC_Direct-Gasoline-
`Injection_10181.html?compId=8128#; See also Exhibit 4.
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`ii. Claim 1 further recites, “said injector nozzle including a port having a
`valve seat surface and valve member having a seating surface, said valve
`member being movable relative to the port to respectively provide a
`nozzle passage between the valve seat surface and the seating surface for
`the delivery of fuel there-through or sealed contact there-between to
`prevent said delivery of fuel,