IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF MICHIGAN
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`Civil Action No. 1:14-cv-00341
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`Hon. Paul Maloney
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`PUBLIC VERSION
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`ANSWER TO SECOND AMENDED COMPLAINT AND JURY DEMAND
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`MAGNA ELECTRONICS INC.
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`TRW AUTOMOTIVE HOLDINGS CORP.;
`TRW AUTOMOTIVE US LLC; and TRW
`VEHICLE SAFETY SYSTEMS INC.
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`Plaintiff,
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`v.
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`Defendants.
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`NOW COME Defendants TRW AUTOMOTIVE HOLDINGS CORP. (“TRW
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`Holdings”); TRW AUTOMOTIVE U.S. LLC (“TRW U.S.”); and TRW VEHICLE SAFETY
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`SYSTEMS INC. (“TRW VSSI”) (collectively, “TRW Defendants”), by their undersigned
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`attorneys, and for their Answer and Counterclaims to the Second Amended Complaint filed
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`herein by Plaintiff Magna Electronics, Inc. (“Plaintiff”), allege and state as follows:
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`THE PARTIES
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`1.
`Magna Electronics Inc. is a corporation organized and existing under the laws of
`the State of Delaware, registered to do business in the State of Michigan with a registered office
`of 601 Abbott Road, East Lansing, MI 48823, a place of business at 2050 Auburn Road, Auburn
`Hills, Michigan 48326, and is doing business in this District (hereinafter “Magna” or “Plaintiff”).
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`ANSWER: TRW Defendants lack information sufficient to form a belief about the
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`truth of the allegations in this paragraph, and on that basis deny them.
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`2.
`Defendant TRW Automotive Holdings Corp. (“TRW Holdings”), upon
`information and belief, is a Delaware corporation registered to do business in the State of
`Michigan, with a registered office at 601 Abbott Road, East Lansing, MI 48823, and
`headquarters located in Michigan. Upon information and belief, TRW Holdings does business
`under various assumed names, including without limitation, TRW Automotive and TRW Global
`Electronics.
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`ANSWER: Admitted that TRW Holdings is a Delaware corporation registered to do
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`business in Michigan and has a registered agent for service of process at 601 Abbott Road, East
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`Lansing, MI 48823. Denied that TRW Holdings does business under the names TRW
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`Automotive and TRW Global Electronics. Any remaining allegations in this paragraph are
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`denied.
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`3.
`Defendant TRW Automotive US LLC (“TRW US”), upon information and belief,
`is a Delaware corporation registered to do business in the State of Michigan, with a registered
`office at 601 Abbott Road, East Lansing, MI 48823, and facilities located in the Western District
`of Michigan at 902 Lyons Road, Portland, MI 48875-1097. Upon information and belief, TRW
`US does business under various assumed names, including without limitation, TRW Automotive
`and TRW Westminster.
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`ANSWER: Admitted that TRW US LLC is a Delaware limited liability company
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`registered to do business in Michigan and has a registered agent for service of process at 601
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`Abbott Road, East Lansing, MI 48823 and a facility at 902 Lyons Road, Portland, MI 48875-
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`1097—which facility has nothing to do with the subject of this lawsuit. Denied that TRW US
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`LLC does business under the names TRW Automotive and TRW Westminster. Any remaining
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`allegations in this paragraph are denied.
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`4.
`Defendant TRW Vehicle Safety Systems Inc. (“TRW Vehicle”), upon
`information and belief, is a Delaware corporation registered to do business in the State of
`Michigan, with a registered office at 601 Abbott Road, East Lansing, MI 48823.
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`ANSWER: Admitted that TRW VSSI is a Delaware corporation registered to do
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`business in Michigan and has a registered agent for service of process at 601 Abbott Road, East
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`Lansing, MI 48823.
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`5.
`On information and belief Defendants TRW Holdings, TRW US, and TRW
`Vehicle are related companies. On information and belief, TRW US and TRW Vehicle all report
`to TRW Holdings, either directly or indirectly, and are ultimately controlled by TRW Holdings.
`(The defendants are hereinafter collectively referred to as “TRW,” “Defendants TRW” or
`“Defendants.”)
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`ANSWER: TRW Automotive Holdings Corp. is a holding company and the ultimate
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`parent corporation of TRW US LLC and TRW VSSI. To the extent the remainder of this
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`paragraph is understood, it is denied.
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`6.
`Defendants TRW Holdings, TRW US, and TRW Vehicle, upon information and
`belief, are doing business within the State of Michigan and within the Western District of
`Michigan, and are engaged in continuous and systematic business within the Western District of
`Michigan, conduct and solicit business within this district and derive substantial revenue from
`the sales of their products and/or services within this district and elsewhere in Michigan, and
`including the commission of acts of infringement as hereinafter stated.
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`ANSWER: Denied as to all TRW Defendants as to the allegation that the TRW
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`Defendants “are engaged in continuous and systematic business . . . conduct and solicit
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`business . . . and derive substantial revenue from the sales of their products and/or services . . .
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`and including the commission of acts of infringement as hereinafter stated.” Denied as to TRW
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`Holdings as to the allegation that TRW Holdings “solicit[s] business . . . and derive[s] substantial
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`revenue from the sales of their products and/or services.” Denied as to TRW VSSI as to the
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`allegations of actions within the Western District of Michigan. TRW VSSI has a facility at 4505
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`West 26 Mile Road, Washington, Michigan 48094, which is within the Eastern District of
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`Michigan. Admitted that each TRW Defendant has at least one facility or registered address in
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`Michigan and are subject to personal jurisdiction in Michigan. Remaining allegations are
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`denied.
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`JURISDICTION AND VENUE
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`7.
`This action arises under the patent laws of the United States, Title 35 of the
`United States Code, §§1 et seq. This action also arises under the Federal Declaratory Judgment
`Act, Title 28 of the United States Code, §§ 2201 and 2202, for a declaration pursuant to the
`Patent Laws of the United States, 35 U.S.C. §§1 et seq.
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`ANSWER: Admitted.
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`8.
`This Court has jurisdiction in this action under 28 U.S.C. §§1331 and 1338.
`Venue is proper in this judicial district pursuant to 28 U.S.C. §§1391 and 1400.
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`ANSWER: Admitted.
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`BACKGROUND ALLEGATIONS
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`9.
`On April 1, 2014, United States Letters Patent No. 8,686,840 was duly and legally
`issued to the predecessor in interest to Magna, as owner by assignment thereof, for an invention
`entitled “Accessory System for a Vehicle.” A true and correct copy of United States Patent No.
`8,686,840 is attached hereto as Exhibit 1 (hereinafter the “‘840 Patent”).
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`ANSWER: Admitted that the ‘840 patent was issued on April 1, 2014. TRW
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`Defendants lack information sufficient to form a belief regarding the ownership of the ‘840
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`patent and on that basis deny allegations regarding ownership and assignment. Denied that the
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`‘840 patent was “duly and legally issued” insofar as that allegation implies the validity or
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`enforceability of the ‘840 patent. Any remaining allegations in this paragraph are denied.
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`10.
`On April 8, 2014, United States Letters Patent No. 8,692,659 was duly and legally
`issued to the predecessor in interest to Magna, as owner by assignment thereof, for an invention
`entitled “Accessory Mounting System for Vehicle.” A true and correct copy of United States
`Patent No. 8,692,659 is attached hereto as Exhibit 2 (hereinafter the “‘659 Patent”).
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`ANSWER: Admitted that the ‘659 patent was issued on April 8, 2014. TRW
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`Defendants lack information sufficient to form a belief regarding the ownership of the ‘659
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`patent and on that basis deny allegations regarding ownership and assignment. Denied that the
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`‘659 patent was “duly and legally issued” insofar as that allegation implies the validity or
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`enforceability of the ‘659 patent. Any remaining allegations in this paragraph are denied.
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`11.
`On April 29, 2014, United States Letters Patent No. 8,710,969 was duly and
`legally issued to Magna, as owner by assignment thereof, for an invention entitled “Accessory
`system for vehicle” A true and correct copy of United States Patent No. 8,710,969 is attached
`hereto as Exhibit 3 (hereinafter the “‘969 Patent”).
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`ANSWER: Admitted that the ‘969 patent was issued on April 29, 2014. TRW
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`Defendants lack information sufficient to form a belief regarding the ownership of the ‘969
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`patent and on that basis deny allegations regarding ownership and assignment. Denied that the
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`‘969 patent was “duly and legally issued” insofar as that allegation implies the validity or
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`enforceability of the ‘969 patent. Any remaining allegations in this paragraph are denied.
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`12.
`On June 10, 2014, United States Letters Patent No. 8,749,367 was duly and
`legally issued to Magna, as owner by assignment thereof, for an invention entitled “Driver
`Assistance System for a Vehicle” A true and correct copy of United States Patent No. 8,749,367
`is attached hereto as Exhibit 4 (hereinafter the “‘367 Patent”).
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`ANSWER: Admitted that the ‘367 patent was issued on June 10, 2014. TRW
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`Defendants lack information sufficient to form a belief regarding the ownership of the ‘367
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`patent and on that basis deny allegations regarding ownership and assignment. Denied that the
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`‘367 patent was “duly and legally issued” insofar as that allegation implies the validity or
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`enforceability of the ‘367 patent. Any remaining allegations in this paragraph are denied.
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`13. Magna is the owner, by valid assignment, of all right, title, and interest in and to
`the ‘840, ‘659, ‘969 and ‘367 Patents, including the right to seek remedies and relief for past
`infringement thereof.
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`ANSWER: TRW Defendants lack information sufficient to form a belief regarding the
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`truth of these allegations and on that basis deny them.
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`14. Magna has provided Notice to Defendants TRW of the ‘840, ‘659, ‘969 and ‘367
`Patents. In addition, the filing and Notice of this action and the Complaint in this action provide
`actual notice to Defendants TRW of the ‘840, ‘659, ‘969 and ‘367 Patents. Defendants have
`notice of the ‘840, ‘659, ‘969 and ‘367 Patents.
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`ANSWER: Admitted that the filing of the complaint constitutes notice of the existence
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`of the patents-in-suit to each TRW Defendant. Any remaining allegations in this paragraph are
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`denied.
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`15.
`An actual and justiciable controversy exists between Magna and Defendants TRW
`concerning whether the actions of Defendants TRW infringe, contributorily infringe and/or
`induce infringement of the asserted patent in suit, namely the ‘840, ‘659, ‘969 and ‘367 Patents.
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`ANSWER: Admitted that a justiciable case and controversy exists based upon
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`Magna’s allegations of such a controversy.
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`16.
`TRW has marketed, and upon information and belief have offered for sale and
`sold, vision-based vehicle driver assistance systems comprising accessory systems that include
`what TRW refers to as a “TRW Scalable Camera” or “S-Cam” (hereinafter referred to as the
`“TRW S-Cam Accessory System”). Upon information and belief, TRW S-Cam Accessory
`Systems include a TRW Scalable Camera that TRW has designed to be disposed (and has
`disposed, induced others to dispose and has contributed towards others disposing) as an
`accessory containing a forward facing camera at and behind, and viewing through, a windshield
`of an equipped vehicle. The system includes a control that, upon information and belief,
`comprises digital circuitry and a microprocessor. The control controls at least the S-Cam forward
`facing camera. Upon information and belief the control sends data to at least one other accessory
`or system of the equipped vehicle via a vehicle network that comprises a CAN protocol and/or
`receives data from at least one other accessory or system of the vehicle via the vehicle network.
`Data is communicated via the vehicle network by a cable.
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`ANSWER: Denied as to TRW Holdings and TRW VSSI. Admitted that TRW US
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`LLC has developed an “S-Cam” product. Denied as to allegations of inducement or contribution
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`toward others, as those legal terms are understood. Denied as to any remaining allegations in
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`this paragraph.
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`17.
`TRW has marketed, and upon information and belief have offered for sale and
`sold, vision-based vehicle driver assistance systems comprising accessory mounting systems that
`include what TRW refers to as a “TRW Scalable Camera” or “S-Cam” (hereinafter referred to as
`the “TRW S-Cam Accessory Mounting System”). TRW S-Cam Accessory Mounting Systems
`include a mirror mounting button adhesively attached at an in-cabin surface of a windshield of an
`equipped vehicle, and a plurality of attachment members adhesively attached at the in-cabin
`surface of the vehicle windshield local to the mirror mounting button. Such systems include an
`interior rearview mirror assembly (including a reflective element and casing as the mirror head,
`and a mirror support) with a mirror mount that is configured to mount the mirror assembly to the
`mirror button. Such systems include a structure configured to receive, mount to and be supported
`by the attachment members. Upon information and belief, TRW has configured the structure to
`accommodate TRW’s Scalable Camera. The structure is received and is supported by the
`attachment members and accommodates the TRW Scalable Camera. When the structure is
`accommodating the TRW Scalable Camera, its field of view is through the vehicle windshield.
`With the structure received by and supported by the at least one attachment member, the mirror
`mount can be mounted to the mirror mounting button and can be demounted from the minor
`mounting button without demounting the structure from the at least one attachment member. A
`light absorbing layer disposed at the vehicle windshield at least partially masks the presence of
`the at least one attachment member from view by a viewer who is viewing from outside the
`equipped vehicle through the vehicle windshield.
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`ANSWER: Denied as to TRW Holdings and TRW VSSI. Admitted that TRW US
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`LLC has developed an “S-Cam” product. Denied as to allegations of inducement or contribution
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`toward others, as those legal terms are understood. Denied as to any remaining allegations in
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`this paragraph.
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`18.
`TRW has marketed, and upon information and belief have offered for sale and
`sold, vision-based vehicular accessory systems that include what TRW refers to as a “TRW
`Scalable Camera” or “S-Cam” (hereinafter referred to as the “TRW S-Cam Vehicular Accessory
`System”). Upon information and belief, TRW S-Cam Vehicular Accessory Systems include a
`TRW Scalable Camera that TRW has designed to be disposed (and has disposed, induced others
`to dispose and has contributed towards others disposing) at a vehicle windshield. The windshield
`has an outer surface that is exterior of the vehicle when the windshield is mounted to an
`equipped vehicle and has an inner surface that is interior of the vehicle when the windshield is
`mounted to the equipped vehicle. The windshield is at a windshield angle relative to vertical
`when the windshield is mounted to the equipped vehicle. The windshield has a mounting element
`attached at its inner surface. The mounting element is adapted for mounting of an accessory
`module thereto and demounting of the accessory module therefrom. The accessory module is
`adapted for mounting to and demounting from the mounting element. The accessory module
`accommodates a camera that comprises a CMOS photosensor array and a lens. The CMOS
`photosensor array is accommodated at the accessory module separate from the said lens. The
`CMOS photosensor array is disposed on a circuit board. The accessory module is configured so
`that, when mounted to the mounting element attached at the windshield, the lens has a field of
`view through the windshield appropriate for a driver assistance system of the equipped vehicle.
`The driver assistance system comprises at least one of (i) a lane departure warning system of the
`equipped vehicle and (ii) an object detection system of the equipped vehicle.
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`ANSWER: Denied as to TRW Holdings and TRW VSSI. Admitted that TRW US
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`LLC has developed an “S-Cam” product. Denied as to allegations of inducement or contribution
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`toward others, as those legal terms are understood. Denied as to any remaining allegations in
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`this paragraph.
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`19.
`TRW has marketed, and upon information and belief have offered for sale and
`sold, vision-based vehicle driver assistance systems that include what TRW refers to as a “TRW
`Scalable Camera” or “S-Cam” (hereinafter referred to as the “TRW S-Cam Driver Assistance
`System”). Upon information and belief, TRW S-Cam Driver Assistance Systems include a TRW
`Scalable Camera that TRW has designed to be disposed (and has disposed, induced others to
`dispose and has contributed towards others disposing) at a vehicle windshield. An attachment
`element is attached at the in-cabin surface of the windshield of the vehicle equipped with the
`TRW S-Cam Driver Assistance System. The attachment element comprises a mirror mounting
`element. An interior rearview mirror assembly [that comprises a mirror head (that comprises a
`mirror reflective element and a mirror casing)] comprises a mirror support that comprises a
`mirror mount that is configured to mount the interior rearview mirror assembly to the mirror
`mounting element. A structure is attached at the vehicle windshield local to the attachment
`element. The structure accommodates a forward facing camera. With the structure attached at the
`vehicle windshield, the forward facing camera views through the vehicle windshield. The
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`forward facing camera comprises a component of at least one of (i) an automatic headlamp
`control system of the equipped vehicle and (ii) a collision avoidance system of the equipped
`vehicle.
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`ANSWER: Denied as to TRW Holdings and TRW VSSI. Admitted that TRW US
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`LLC has developed an “S-Cam” product. Denied as to allegations of inducement or contribution
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`toward others, as those legal terms are understood. Denied as to any remaining allegations in
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`this paragraph.
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`20.
`Upon information and belief, TRW has installed and utilizes TRW S-Cam
`Accessory Systems and TRW S-Cam Accessory Mounting Systems and TRW S-Cam Vehicular
`Accessory Systems and TRW S-Cam Driver Assistance Systems in one or more vehicles to
`develop and establish the operability of TRW S-Cam Accessory Systems and TRW S-Cam
`Accessory Mounting Systems and TRW S-Cam Vehicular Accessory Systems and TRW S-Cam
`Driver Assistance Systems, and for purposes of offering for sale and sale of TRW S-Cam
`Accessory Systems, TRW S-Cam Accessory Mounting Systems and TRW S-Cam Vehicular
`Accessory Systems and TRW S-Cam Driver Assistance Systems, including systems comprising
`TRW’s S-Cam 3 and S-Cams prior to S-Cam 3, such as S-Cam 2. Upon information and belief,
`at least one customer of TRW has entered into an agreement with TRW to purchase TRW S-Cam
`Accessory Systems, TRW S-Cam Accessory Mounting Systems and TRW S-Cam Vehicular
`Accessory Systems and TRW S-Cam Driver Assistance Systems adapted to vehicles of said
`customer, and said customer has installed one or more TRW S-Cam Accessory Systems, TRW
`S-Cam Accessory Mounting Systems and TRW S-Cam Vehicular Accessory Systems and TRW
`S-Cam Driver Assistance Systems into vehicles and tested systems for purposes of engaging in
`sales to end users of vehicles equipped with TRW S-Cam Accessory Systems, TRW S-Cam
`Accessory Mounting Systems and TRW S-Cam Vehicular Accessory Systems and TRW S-Cam
`Driver Assistance Systems, such customer including for example and without limitation, General
`Motors Corp. for its K2xx vehicles, including for example and without limitation 2015 Cadillac
`Escalade vehicles, such customer including for example and without limitation, Chrysler
`Corporation for its vehicles, including for example and without limitation Jeep Grand Cherokee
`and Jeep Cherokee vehicles. Regarding TRW S-Cam 3, upon information and belief at least one
`customer of TRW (such as General Motors Corp.) has entered into an agreement with TRW to
`purchase TRW’s S-Cam 3. Upon information and belief, TRW S-Cam Accessory Systems, TRW
`S-Cam Accessory Mounting Systems and TRW S-Cam Vehicular Accessory Systems and TRW
`S-Cam Driver Assistance Systems utilizing S-Cam 3 have been installed into vehicles and been
`tested in vehicles (such as, by way of example and without limitation, for General Motors Corp.
`for its program designated O2xx/E2xx/C1xx). Upon information and belief, TRW has continued,
`including continuing after notice, with the use of TRW S-Cam Accessory Systems, TRW S-Cam
`Accessory Mounting Systems and TRW S-Cam Vehicular Accessory Systems and TRW S-Cam
`Driver Assistance Systems, delivery of TRW S-Cam Accessory Systems, TRW S-Cam
`Accessory Mounting Systems and TRW S-Cam Vehicular Accessory Systems and TRW S-Cam
`Driver Assistance Systems, and in the making of offers for sale of TRW S-Cam Accessory
`Systems, TRW S-Cam Accessory Mounting Systems and TRW S-Cam Vehicular Accessory
`Systems and TRW S-Cam Driver Assistance Systems to automobile manufacturers.
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`ANSWER: Generally denied as to TRW Holdings and TRW VSSI. Admitted that
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`TRW US LLC has developed an “S-Cam” product of which there are various versions and
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`models. To the extent notice is intended to refer to notice of infringement, denied. Denied as to
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`any remaining allegations in this paragraph.
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`COUNT I
`Infringement of United States Patent No. 8,686,840.1
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`21.
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`Plaintiff incorporates and reasserts paragraphs 1-20 herein by reference.
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`ANSWER: Plaintiff’s allegations contained in and related to Count I are stayed
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`pursuant to 28 U.S.C. §1659 as set forth in this Court’s Order of July 11, 2014 (Dkt. # 18).
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`Accordingly, no answer is submitted at this time.
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`22.
`Defendants TRW have, on information and belief, in the past been and still are
`infringing United States Letters Patent 8,686,840 by making, importing, using, selling, and/or
`offering for sale in and to the United States products incorporating Accessory Systems for a
`Vehicle embodying the patented invention of the ‘840 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, and regarding the TRW S-Cam
`3, such agents including for example and without limitation, General Motors Corp. for its
`program designation O2xx/E2xx/C1xx vehicles.
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`ANSWER: Plaintiff’s allegations contained in and related to Count I are stayed
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`pursuant to 28 U.S.C. §1659 and this Court’s Order of July 11, 2014 (Dkt. # 18). Accordingly,
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`no answer is submitted at this time.
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`23.
`Upon information and belief, with knowledge and/or reckless disregard
`amounting to knowledge of the infringement by the aforesaid products of the ‘840 Patent,
`Defendants have provided Accessory Systems for a Vehicle to at least one third party for use in
`infringement of the ‘840 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, and regarding the TRW S-Cam 3 such third parties
`including for example and without limitation, General Motors Corp. for its program designation
`O2xx/E2xx/C1xx vehicles. Use by third parties of the aforesaid Accessory Systems for a Vehicle
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`1 Counts I and II have been stayed pending resolution of the United States International Trade Commission
`Investigation 337-TA-907. See 28 U.S.C. §1659, Dkt. # 18.
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`9
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`obtained from or through Defendants TRW, upon information and belief, infringes the ‘840
`Patent. The actions of Defendants TRW constitute inducement of infringement of United States
`Letters Patent No. 8,686,840, 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, and regarding the TRW S-Cam 3 such
`induced infringement including for example and without limitation that of General Motors Corp.
`for its program designation O2xx/E2xx/C1xx vehicles.
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`ANSWER: Plaintiff’s allegations contained in and related to Count I are stayed
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`pursuant to 28 U.S.C. §1659 and this Court’s Order of July 11, 2014 (Dkt. # 18). Accordingly,
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`no answer is submitted at this time.
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`24.
`Upon information and belief, Defendants TRW manufacture, import, sell, and/or
`offer to sell Accessory Systems for a Vehicle and/or components thereof with knowledge and/or
`reckless disregard amounting to knowledge that said Accessory Systems for a Vehicle and/or
`components thereof constitute a material part of the invention of the ‘840 Patent and that are
`specially made or specially adapted for use in the infringement of the ‘840 Patent, and said
`Accessory Systems for a Vehicle 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. 8,686,840,
`including for example and without limitation contributory infringement by Accessory Systems
`for a Vehicle 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, and regarding the TRW S-Cam 3 including for example and without limitation
`contributory infringement by Accessory Systems for a Vehicle and/or components thereof offers
`to and provided to and used by General Motors Corp. for its program designation
`O2xx/E2xx/C1xx vehicles.
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`ANSWER: Plaintiff’s allegations contained in and related to Count I are stayed
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`pursuant to 28 U.S.C. §1659 and this Court’s Order of July 11, 2014 (Dkt. # 18). Accordingly,
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`no answer is submitted at this time.
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`25.
`Upon information and belief, Defendants’ infringement, contributory
`infringement, and inducement of infringement have been willful.
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`ANSWER: Plaintiff’s allegations contained in and related to Count I are stayed
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`pursuant to 28 U.S.C. §1659 and this Court’s Order of July 11, 2014 (Dkt. # 18). Accordingly,
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`no answer is submitted at this time.
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`ANSWER: Plaintiff’s allegations contained in and related to Count I are stayed
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`pursuant to 28 U.S.C. §1659 and this Court’s Order of July 11, 2014 (Dkt. # 18). Accordingly,
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`no answer is submitted at this time.
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`26.
`Despite any statement to the contrary, upon information and belief, Defendants
`TRW will continue to infringe, contributorily infringe and induce the infringement of the ‘840
`Patent unless enjoined by this Court.
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`ANSWER: Plaintiff’s allegations contained in and related to Count I are stayed
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`pursuant to 28 U.S.C. §1659 and this Court’s Order of July 11, 2014 (Dkt. # 18). Accordingly,
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`no answer is submitted at this time.
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`27.
`Upon information and belief, Defendants’ infringement, contributory
`infringement, and inducement of infringement have resulted in damage to Plaintiff and will
`continue to do so unless enjoined by this Court.
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`ANSWER: Plaintiff’s allegations contained in and related to Count I are stayed
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`pursuant to 28 U.S.C. §1659 and this Court’s Order of July 11, 2014 (Dkt. # 18). Accordingly,
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`no answer is submitted at this time.
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`28.
`Plaintiff has no adequate remedy at law, and is, therefore, entitled to a permanent
`injunction prohibiting further infringement by Defendants.
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`ANSWER: Plaintiff’s allegations contained in and related to Count I are stayed
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`pursuant to 28 U.S.C. §1659 and this Court’s Order of July 11, 2014 (Dkt. # 18). Accordingly,
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`no answer is submitted at this time.
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`29.
`Plaintiff has been damaged by past activities of Defendants, and is entitled to
`damages for past infringement, contributory infringement and inducement of infringement.
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`ANSWER: Plaintiff’s allegations contained in and related to Count I are stayed
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`pursuant to 28 U.S.C. §1659 and this Court’s Order of July 11, 2014 (Dkt. # 18). Accordingly,
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`no answer is submitted at this time.
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`30.
`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 ‘840 Patent.
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`11
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`ANSWER: Plaintiff’s allegations contained in and related to Count I are stayed
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`pursuant to 28 U.S.C. §1659 and this Court’s Order of July 11, 2014 (Dkt. # 18). Accordingly,
`
`no answer is submitted at this time.
`
`COUNT II2
`Infringement of United States Patent No. 8,692,659
`
`31.
`
`Plaintiff incorporates and reasserts paragraphs 1-30 herein by reference.
`
`ANSWER: Plaintiff’s allegations contained in and related to Count II are stayed
`
`pursuant to 28 U.S.C. §1659 and this Court’s Order of July 11, 2014 (Dkt. # 18). Accordingly,
`
`no answer is submitted at this time.
`
`32.
`Defendants TRW have, on information and belief, in the past been and still are
`infringing United States Letters Patent 8,692,659 by making, importing, using, selling, and/or
`offering for sale in and to the United States products incorporating Accessory Mounting Systems
`for Vehicle embodying the patented invention of the ‘659 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, and regarding the TRW S-Cam
`3, such agents including for example and without limitation, General Motors Corp. for its
`program designation O2xx/E2xx/C1xx vehicles.
`
`ANSWER: Plaintiff’s allegations contained in and related to Count II are stayed
`
`pursuant to 28 U.S.C. §1659 and this Court’s Order of July 11, 2014 (Dkt. # 18). Accordingly,
`
`no answer is submitted at this time.
`
`33.
`Upon information and belief, with knowledge and/or reckless disregard
`amounting to knowledge of the infringement by the aforesaid products of the ‘659 Patent,
`Defendants have provided Accessory Mounting Systems for Vehicle to at least one third party
`for use in infringement of the ‘659 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, and regarding the TRW S-Cam 3 such
`third parties including for example and without limitation, General Motors Corp. for its program
`designation O2xx/E2xx/C1xx vehicles. Use by third parties of the aforesaid Accessory Mounting
`Systems for Vehicle obtained from or through Defendants TRW, upon information and belief,
`infringes the ‘659 Patent. The actions of Defendants TRW constitute inducement of infringement
`
`2 Counts I and II have been stayed pending resolution of the United States International Trade Commission
`Investigation 337-TA-907. See 28 U.S.C. §1659, Dkt. # 18.
`
`12
`
`

`
`of United States Letters Patent No. 8,692,659, 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, and regarding the TRW
`S-Cam 3 such induced infringement including for example and without limitation that of General
`Motors Corp. for its program designation O2xx/E2xx/C1xx vehicles.
`
`ANSWER: Plaintiff’s allegations contained in and related to Count II are stayed
`
`pursuant to 28 U.S.C. §1659 and this Court’s Order of July 11, 2014 (Dkt. # 18). Accordingly,
`
`no answer is submitted at this time.
`
`34.
`Upon information and belief, Defendants TRW manufacture, import, sell, and/or
`offer to sell Accessory Mounting Systems for Vehicle and/or components thereof with
`knowledge and/or reckless disregard amounting to knowledge that said Accessory Mounting
`Systems for Vehicle and/or components thereof constitute a material part of the invention of the
`‘659 Patent and that are specially made or specially adapted for use in the infringement of the
`‘659 Patent, and said Accessory Mounting Systems for Vehicl