Case 1:14-cv-00523-GMS Document 5 Filed 08/13/14 Page 1 of 16 PageID #: 302
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`
`UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`
`
`JOAO CONTROL & MONITORING
`SYSTEMS, LLC,
`
`
`Plaintiff,
`
`
`v.
`
`NISSAN NORTH AMERICA, INC.,
`
`
`Defendant.
`
`
`
`
`
`Civil Action No. 1:14-cv-523
`
`
`FIRST AMENDED COMPLAINT FOR
`PATENT INFRINGEMENT
`
`JURY TRIAL DEMANDED
`
`
`
`
`
`Plaintiff Joao Control & Monitoring Systems, LLC (“Plaintiff” or “JCMS”), by and
`
`through its undersigned counsel, files its First Amended Complaint for Patent Infringement
`
`against Defendant Nissan North America, Inc. (“Defendant” or “Nissan”) as follows:
`
`
`
`NATURE OF THE ACTION
`
`1.
`
`This is a patent infringement action to stop Defendant’s infringement of
`
`Plaintiff’s United States Patent No. 5,917,405 entitled “Control Apparatus and Methods for
`
`Vehicles” (hereinafter, the “’405 Patent”; a copy of which is attached hereto as Exhibit A),
`
`United States Patent No. 6,542,076 entitled “Control, Monitoring and/or Security Apparatus and
`
`Method” (the “’076 Patent”; a copy of which is attached hereto as Exhibit B), United States
`
`Patent No. 6,549,130 entitled “Control Apparatus and Method for Vehicles and/or for Premises”
`
`(the “’130 Patent”; a copy of which is attached hereto as Exhibit C) (hereinafter the “Patents-in-
`
`Suit”), and United States Patent No. 7,397,363 entitled “Control and/or Monitoring Apparatus
`
`and Method”(the”’363 Patent”; a copy of which is attached hereto as Exhibit D). Plaintiff is the
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`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
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`Petitioner Nissan North America, Inc. - Exhibit 1002 - Page 1
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`

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`Case 1:14-cv-00523-GMS Document 5 Filed 08/13/14 Page 2 of 16 PageID #: 303
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`owner of the ’405 Patent, the ’076 Patent, the ’130 Patent, and the ‘363 Patent. Plaintiff seeks
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`injunctive relief and monetary damages.
`
`PARTIES
`
`2.
`
`JCMS is a limited liability company organized and existing under the laws of the
`
`state of Delaware. Plaintiff maintains its principal place of business at 122 Bellevue Place,
`
`Yonkers, Westchester County, New York, 10703. Plaintiff is the owner of the Patents-in-Suit,
`
`and possesses all rights thereto, including the exclusive right to exclude the Defendant from
`
`making, using, selling, offering to sell or importing in this district and elsewhere into the United
`
`States the patented invention(s) of the Patents-in-Suit, the right to sublicense the Patents-in-Suit,
`
`and to sue the Defendant for infringement and recover past damages.
`
`3.
`
`Upon information and belief, Nissan is a corporation duly organized and existing
`
`under the laws of the State of Delaware having its principal place of business located at One
`
`Nissan Way, Franklin, Tennessee, 37067. Defendant may be served through its registered agent,
`
`The Prentice-Hall Corporation System, Inc., 2711 Centerville Road, Suite 400, Wilmington,
`
`Delaware, 19808.
`
`4.
`
`Upon information and belief, Nissan ships, distributes, offers for sale, sells, and/or
`
`advertises its Products and Services, namely vehicles equipped with systems that may be
`
`electronically controlled from a remote location, under the brand name “Nissan.”
`
`
`
`JURISDICTION AND VENUE
`
`5.
`
`This action arises under the Patent Laws of the United States, 35 U.S.C. § 1 et
`
`seq., including 35 U.S.C. §§ 271, 281, 283, 284, and 285. This Court has subject matter
`
`jurisdiction over this case for patent infringement under 28 U.S.C. §§ 1331 and 1338(a).
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`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
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`Petitioner Nissan North America, Inc. - Exhibit 1002 - Page 2
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`

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`6.
`
`The Court has personal jurisdiction over Defendant because: Defendant has
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`minimum contacts within the State of Delaware and in the District of Delaware; Defendant has
`
`purposefully availed itself of the privileges of conducting business in the State of Delaware and
`
`in the District of Delaware; Defendant has sought protection and benefit from the laws of the
`
`State of Delaware; Defendant regularly conducts business within the State of Delaware and
`
`within the District of Delaware, and Plaintiff’s causes of action arise directly from Defendant’s
`
`business contacts and other activities in the State of Delaware and in the District of Delaware.
`
`7.
`
`More specifically, Defendant, directly and/or through its intermediaries, ships,
`
`distributes, offers for sale, sells, and/or advertises (including the provision of an interactive web
`
`page) its products and services in the United States, the State of Delaware, and the District of
`
`Delaware. Upon information and belief, Defendant has committed patent infringement in the
`
`State of Delaware and in the District of Delaware. Defendant solicits customers in the State of
`
`Delaware and in the District of Delaware. Defendant has many paying customers who are
`
`residents of the State of Delaware and the District of Delaware and who use Defendant’s
`
`products and services in the State of Delaware and in the District of Delaware.
`
`8.
`
`Venue is proper in the District of Delaware pursuant to 28 U.S.C. §§ 1391 and
`
`1400(b).
`
`
`
`BACKGROUND INFORMATION
`
`9.
`
`The ’405 Patent was duly and legally issued by the United States Patent and
`
`Trademark Office on June 29, 1999 after full and fair examination. Plaintiff is the owner of the
`
`’405 Patent, and possesses all right, title and interest in the ’405 Patent including the right to
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`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
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`Petitioner Nissan North America, Inc. - Exhibit 1002 - Page 3
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`

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`Case 1:14-cv-00523-GMS Document 5 Filed 08/13/14 Page 4 of 16 PageID #: 305
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`enforce the ’405 Patent, and the right to sue Defendant for infringement and recover past
`
`damages.
`
`10.
`
`The ’076 Patent was duly and legally issued by the United States Patent and
`
`Trademark Office on April 1, 2003 after full and fair examination. Plaintiff is the owner of the
`
`’076 Patent, and possesses all right, title and interest in the ’076 Patent including the right to
`
`enforce the ’076 Patent, and the right to sue Defendant for infringement and recover past
`
`damages.
`
`11.
`
`The ’130 Patent was duly and legally issued by the United States Patent and
`
`Trademark Office on April 15, 2003 after full and fair examination. Plaintiff is the owner of the
`
`’130 Patent, and possesses all right, title and interest in the ’130 Patent including the right to
`
`enforce the ’130 Patent, and the right to sue Defendant for infringement and recover past
`
`damages.
`
`12.
`
`On information and belief, Defendant has had knowledge of the Patents-in-Suit as
`
`early as January 4, 2013, the date Plaintiff sent a letter to Mr. Carlos Ghosn, Chairman and Chief
`
`Executive Officer of Nissan, informing Defendant of the Patents-in-Suit. Attached hereto as
`
`Exhibit E.
`
`13.
`
`On information and belief, Defendant operates, advertises, and/or controls the
`
`websites, www.nissanusa.com, through which Defendant advertises, sells, offers to sell, provides
`
`and/or educates customers about its products and services, including, but not limited to,
`
`Bluetooth® Calling, Bluetooth® Audio Streaming, SiriusXMTM radio, and the NissanConnect
`
`system.
`
`
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`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
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`Petitioner Nissan North America, Inc. - Exhibit 1002 - Page 4
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`

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`Case 1:14-cv-00523-GMS Document 5 Filed 08/13/14 Page 5 of 16 PageID #: 306
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`COUNT I
`INFRINGEMENT OF U.S. PATENT NO. 5,917,405
`
`Plaintiff re-alleges and incorporates by reference each of Paragraphs 1-13 above.
`
`Plaintiff is informed and believes that Defendant has infringed and continues to
`
`14.
`
`15.
`
`infringe the ’405 Patent either literally or under the doctrine of equivalents. Upon information
`
`and belief, Defendant has infringed and continues to infringe one or more claims of the ’405
`
`Patent by advertising, providing, selling, and using an apparatus capable of remotely controlling
`
`a vehicle system. Defendant provides an onboard computer, incorporated into Defendant’s
`
`vehicles, that enables remote control of a vehicle system. Specifically, one or more of
`
`Defendant’s Products and Services, including but not limited to the Bluetooth® Calling,
`
`Bluetooth® Audio Streaming, and SiriusXMTM radio
`
`through
`
`the onboard computer
`
`functionality offered in its vehicles, infringe one or more of the claims of the ’405 Patent via
`
`signals between a communication device (in the case of Bluetooth®) or Server (in the case of
`
`SiriusXMTM) located remote from the vehicle and satellite or cellular station, a satellite or
`
`cellular station located remote from the vehicle and communication device or Server, and the
`
`onboard computer located at the vehicle which activates the vehicle’s audio system. Defendant’s
`
`infringing Products and Services are available for sale on its website www.nissanusa.com and
`
`through various retailers located in this district.
`
`16.
`
`Plaintiff is informed and believes that Defendant and its customers collectively
`
`have infringed and continue to infringe the ’405 Patent either literally or under the doctrine of
`
`equivalents. Upon information and belief, Defendant and its customers have infringed and
`
`continue to infringe one or more claims of the ’405 Patent by advertising, providing, selling, and
`
`using an apparatus capable of remotely controlling a vehicle system. Defendant provides an
`
`onboard computer, incorporated into Defendant’s vehicles, that enables Defendant’s customers
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`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
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`Petitioner Nissan North America, Inc. - Exhibit 1002 - Page 5
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`

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`Case 1:14-cv-00523-GMS Document 5 Filed 08/13/14 Page 6 of 16 PageID #: 307
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`to remotely control a vehicle system. Specifically, one or more of Defendant’s Products and
`
`Services, including but not limited to the Bluetooth® Calling, Bluetooth® Audio Streaming, and
`
`SiriusXMTM radio through the onboard computer functionality offered in Defendant’s vehicles,
`
`infringe one or more of the claims of the ’405 Patent via signals between a communication
`
`device (in the case of Bluetooth®) or Server (in the case of SiriusXMTM) located remote from the
`
`vehicle and satellite or cellular station, a satellite or cellular station located remote from the
`
`vehicle and communication device or Server, and the onboard computer located at the vehicle
`
`which activates the vehicle’s audio system. Defendant’s infringing Products and Services are
`
`available for sale on its website www.nissanusa.com and through various retailers located in this
`
`district.
`
`17.
`
`Upon information and belief, Defendant has intentionally induced and continues
`
`to induce infringement of one or more claims of the ’405 Patent in this district and elsewhere in
`
`the United States, by its intentional acts which have successfully, among other things,
`
`encouraged, instructed, enabled and otherwise caused its customers to use Defendant’s vehicles
`
`as previously described in this Count. Despite its knowledge of the existence of the ’405 Patent
`
`since as early as January 4, 2013, Defendant, upon information and belief, continues to
`
`encourage, instruct, enable and otherwise cause its customers to use its Products and Services in
`
`a manner which infringes the ’405 Patent. Upon information and belief, Defendant has
`
`specifically intended that its customers use its Products and Services in such a way that infringes
`
`the ’405 Patent by, at a minimum, providing and supporting the Products and Services and
`
`instructing its customers on how to use said Products and Services in such a way that infringes
`
`the ’405 Patent and knew that its actions, including but not limited to providing said Products
`
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`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
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`Petitioner Nissan North America, Inc. - Exhibit 1002 - Page 6
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`

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`Case 1:14-cv-00523-GMS Document 5 Filed 08/13/14 Page 7 of 16 PageID #: 308
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`and Services and instruction, would induce, have induced, and will continue to induce
`
`infringement by its customers.
`
`18.
`
`Defendant’s aforesaid activities have been without authority and/or license from
`
`Plaintiff.
`
`19.
`
`Despite its knowledge of the ’405 Patent, known of at least since January 4, 2013
`
`and without a reasonable basis for continuing the infringing activities previously described in
`
`this Count, on information and belief, Defendant has willfully infringed the ’405 Patent.
`
`20.
`
`Plaintiff is entitled to recover from Defendant the damages sustained by Plaintiff
`
`as a result of Defendant’s wrongful acts in an amount subject to proof at trial, which, by law,
`
`cannot be less than a reasonable royalty, together with interest and costs as fixed by this Court
`
`under 35 U.S.C. § 284.
`
`
`
`COUNT II
`INFRINGEMENT OF U.S. PATENT NO. 6,542,076
`
`Plaintiff re-alleges and incorporates by reference each of Paragraphs 1-13 above.
`
`Plaintiff is informed and believes that Defendant has infringed and continues to
`
`21.
`
`22.
`
`infringe the ’076 Patent either literally or under the doctrine of equivalents. Upon information
`
`and belief, Defendant has infringed and continues to infringe one or more claims of the ’076
`
`Patent by advertising and using an apparatus capable of remotely controlling a vehicle system.
`
`Defendant provides an onboard computer, incorporated into Defendant’s vehicles, which enables
`
`remote control of a vehicle system. Specifically, one or more of Defendant’s Products and
`
`Services, including but not limited to the Bluetooth® Calling, Bluetooth® Audio Streaming, and
`
`SiriusXMTM radio through the onboard computer functionality offered in Defendant’s vehicles,
`
`infringe one or more of the claims of the ’076 Patent via signals between a communication
`
`P a g e | 7
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`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
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`Petitioner Nissan North America, Inc. - Exhibit 1002 - Page 7
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`

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`Case 1:14-cv-00523-GMS Document 5 Filed 08/13/14 Page 8 of 16 PageID #: 309
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`device (in the case of Bluetooth®) or Server (in the case of SiriusXMTM) located remote from the
`
`vehicle and satellite or cellular station, a satellite or cellular station located remote from the
`
`vehicle and communication device or Server, and the onboard computer located at the vehicle
`
`which activates the vehicle’s audio system. Defendant’s infringing Products and Services are
`
`available for sale on its website www.nissanusa.com and through various retailers located in this
`
`district.
`
`23.
`
`Plaintiff is informed and believes that Defendant and its customers collectively
`
`have infringed and continue to infringe the ’076 Patent either literally or under the doctrine of
`
`equivalents. Upon information and belief, Defendant and its customers have infringed and
`
`continue to infringe one or more claims of the ’076 Patent by advertising and using an apparatus
`
`capable of remotely controlling a vehicle system. Defendant provides an onboard computer,
`
`incorporated into Defendant’s vehicles, which enables Defendant’s customers to remotely
`
`control a vehicle system. Specifically, one or more of Defendant’s Products and Services,
`
`including but not limited to the Bluetooth® Calling, Bluetooth® Audio Streaming, and
`
`SiriusXMTM radio through the onboard computer functionality offered in Defendant’s vehicles,
`
`infringe one or more of the claims of the ’076 Patent via signals between a communication
`
`device (in the case of Bluetooth®) or Server (in the case of SiriusXMTM) located remote from the
`
`vehicle and satellite or cellular station, a satellite or cellular station located remote from the
`
`vehicle and communication device or Server, and the onboard computer located at the vehicle
`
`which activates the vehicle’s audio system. Defendant’s infringing Products and Services are
`
`available for sale on its website www.nissanusa.com and through various retailers located in this
`
`district.
`
`P a g e | 8
`D. Del: 1:14-cv-523
`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
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`Petitioner Nissan North America, Inc. - Exhibit 1002 - Page 8
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`

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`Case 1:14-cv-00523-GMS Document 5 Filed 08/13/14 Page 9 of 16 PageID #: 310
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`24.
`
`Upon information and belief, Defendant has intentionally induced and continues
`
`to induce infringement of one or more claims of the ’076 Patent in this district and elsewhere in
`
`the United States, by its intentional acts which have successfully, among other things,
`
`encouraged, instructed, enabled and otherwise caused its customers to use Defendant’s vehicles
`
`as previously described in this Count. Despite its knowledge of the existence of the ’076 Patent
`
`since as early as January 4, 2013, Defendant, upon information and belief, continues to
`
`encourage, instruct, enable and otherwise cause its customers to use its Products and Services in
`
`a manner which infringes the ’076 Patent. Upon information and belief, Defendant has
`
`specifically intended that its customers use its Products and Services in such a way that infringes
`
`the ’076 Patent by, at a minimum, providing and supporting the Products and Services and
`
`instructing its customers on how to use said Products and Services in such a way that infringes
`
`the ’076 Patent and knew that its actions, including but not limited to providing said Products
`
`and Services and instruction, would induce, have induced, and will continue to induce
`
`infringement by its customers.
`
`25.
`
`Defendant’s aforesaid activities have been without authority and/or license from
`
`Plaintiff.
`
`26.
`
`Despite its knowledge of the ’076 Patent, known of at least since January 4, 2013
`
`and without a reasonable basis for continuing the infringing activities as previously described in
`
`this Count, on information and belief, Defendant has willfully infringed the ’076 Patent.
`
`27.
`
`Plaintiff is entitled to recover from Defendant the damages sustained by Plaintiff
`
`as a result of Defendant’s wrongful acts in an amount subject to proof at trial, which, by law,
`
`cannot be less than a reasonable royalty, together with interest and costs as fixed by this Court
`
`under 35 U.S.C. § 284.
`
`P a g e | 9
`D. Del: 1:14-cv-523
`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
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`Petitioner Nissan North America, Inc. - Exhibit 1002 - Page 9
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`

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`Case 1:14-cv-00523-GMS Document 5 Filed 08/13/14 Page 10 of 16 PageID #: 311
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`
`
`28.
`
`29.
`
`COUNT III
`INFRINGEMENT OF U.S. PATENT NO. 6,549,130
`
`Plaintiff re-alleges and incorporates by reference each of Paragraphs 1-13 above.
`
`Plaintiff is informed and believes that Defendant has infringed and continues to
`
`infringe the ’130 Patent either literally or under the doctrine of equivalents. Upon information
`
`and belief, Defendant has infringed and continues to infringe one or more claims of the ’130
`
`Patent by advertising and using an apparatus capable of remotely controlling a vehicle system.
`
`Defendant provides an onboard computer, incorporated into Defendant’s vehicles, which enables
`
`remote control of a vehicle system. Specifically, one or more of Defendant’s Products and
`
`Services, including but not limited to the Bluetooth® Calling, Bluetooth® Audio Streaming, and
`
`SiriusXMTM radio through the onboard computer functionality offered in Defendant’s vehicles,
`
`infringe one or more of the claims of the ’130 Patent via signals between a communication
`
`device (in the case of Bluetooth®) or Server (in the case of SiriusXMTM) located remote from the
`
`vehicle and satellite or cellular station, a satellite or cellular station located remote from the
`
`vehicle and communication device or Server, and the onboard computer located at the vehicle
`
`which activates the vehicle’s audio system. Defendant’s infringing Products and Services are
`
`available for sale on its website www.nissanusa.com and through various retailers located in this
`
`district.
`
`30.
`
`Plaintiff is informed and believes that Defendant and its customers collectively
`
`have infringed and continue to infringe the ’130 Patent either literally or under the doctrine of
`
`equivalents. Upon information and belief, Defendant and its customers have infringed and
`
`continue to infringe one or more claims of the ’130 Patent by advertising and using an apparatus
`
`capable of remotely controlling a vehicle system. Defendant provides an onboard computer,
`
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`D. Del: 1:14-cv-523
`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
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`Petitioner Nissan North America, Inc. - Exhibit 1002 - Page 10
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`

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`Case 1:14-cv-00523-GMS Document 5 Filed 08/13/14 Page 11 of 16 PageID #: 312
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`incorporated into Defendant’s vehicles, which enables Defendant’s customers to remotely
`
`control a vehicle system. Specifically, one or more of Defendant’s Products and Services,
`
`including but not limited to the Bluetooth® Calling, Bluetooth® Audio Streaming, and
`
`SiriusXMTM radio through the onboard computer functionality offered in Defendant’s vehicles,
`
`infringe one or more of the claims of the ’130 Patent via signals between a communication
`
`device (in the case of Bluetooth®) or Server (in the case of SiriusXMTM) located remote from the
`
`vehicle and satellite or cellular station, a satellite or cellular station located remote from the
`
`vehicle and communication device or Server, and the onboard computer located at the vehicle
`
`which activates the vehicle’s audio system. Defendant’s infringing Products and Services are
`
`available for sale on its website www.nissanusa.com and through various retailers located in this
`
`district.
`
`31.
`
`Upon information and belief, Defendant has intentionally induced and continues
`
`to induce infringement of one or more claims of the ’130 Patent in this district and elsewhere in
`
`the United States, by its intentional acts which have successfully, among other things,
`
`encouraged, instructed, enabled and otherwise caused its customers to use Defendant’s vehicles
`
`as previously described in this Count. Despite its knowledge of the existence of the ’130 Patent
`
`since as early as January 4, 2013, Defendant, upon information and belief, continues to
`
`encourage, instruct, enable and otherwise cause its customers to use its Products and Services in
`
`a manner which infringes the ’130 Patent. Upon information and belief, Defendant has
`
`specifically intended that its customers use its Products and Services in such a way that infringes
`
`the ’130 Patent by, at a minimum, providing and supporting the Products and Services and
`
`instructing its customers on how to use said Products and Services in such a way that infringes
`
`the ’130 Patent and knew that its actions, including but not limited to providing said Products
`
`P a g e | 11
`D. Del: 1:14-cv-523
`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`
`Petitioner Nissan North America, Inc. - Exhibit 1002 - Page 11
`
`

`

`Case 1:14-cv-00523-GMS Document 5 Filed 08/13/14 Page 12 of 16 PageID #: 313
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`and Services and instruction, would induce, have induced, and will continue to induce
`
`infringement by its customers.
`
`32.
`
`Defendant’s aforesaid activities have been without authority and/or license from
`
`Plaintiff.
`
`33.
`
`Despite its knowledge of the ’130 Patent, known of at least since January 4, 2013
`
`and without a reasonable basis for continuing the infringing activities as previously described in
`
`this Count, on information and belief, Defendant has willfully infringed the ’130 Patent.
`
`34.
`
`Plaintiff is entitled to recover from Defendant the damages sustained by Plaintiff
`
`as a result of Defendant’s wrongful acts in an amount subject to proof at trial, which, by law,
`
`cannot be less than a reasonable royalty, together with interest and costs as fixed by this Court
`
`under 35 U.S.C. § 284.
`
`COUNT III
`INFRINGEMENT OF U.S. PATENT NO. 7,397,363
`
`Plaintiff re-alleges and incorporates by reference each of Paragraphs 1-13 above.
`
`Plaintiff is informed and believes that Defendant has infringed and continues to
`
`35.
`
`36.
`
`infringe the ’363 Patent either literally or under the doctrine of equivalents. Upon information
`
`and belief, Defendant has infringed and continues to infringe one or more claims of the ’363
`
`Patent by advertising and using an apparatus capable of remotely controlling a vehicle system.
`
`Defendant provides an onboard computer, incorporated into Defendant’s vehicles, which enables
`
`remote control of a vehicle system. Specifically, and by way of example, Defendant’s
`
`NissanConnect system provides the service “Google Send to Car”, whereby a user sends a signal
`
`via his personal smartphone or computer to the Nissan server over the Internet or the World
`
`Wide Web, which sends a signal to the user’s vehicle, thereby activating the vehicle’s navigation
`
`system. Both the user’s smartphone or computer and the Nissan server are located remote from
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`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
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`Petitioner Nissan North America, Inc. - Exhibit 1002 - Page 12
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`

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`Case 1:14-cv-00523-GMS Document 5 Filed 08/13/14 Page 13 of 16 PageID #: 314
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`each other and remote from the vehicle. Defendant’s infringing Products and Services are
`
`available for sale on its website www.nissanusa.com and through various retailers located in this
`
`district.
`
`37.
`
`Upon information and belief, Defendant has intentionally induced and continues
`
`to induce infringement of one or more claims of the ’363 Patent in this district and elsewhere in
`
`the United States, by its intentional acts which have successfully, among other things,
`
`encouraged, instructed, enabled and otherwise caused its customers to use Defendant’s vehicles
`
`as previously described in this Count. Despite its knowledge of the existence of the ’363 Patent
`
`since as early as January 4, 2013, Defendant, upon information and belief, continues to
`
`encourage, instruct, enable and otherwise cause its customers to use its Products and Services in
`
`a manner which infringes the ’363 Patent. Upon information and belief, Defendant has
`
`specifically intended that its customers use its Products and Services in such a way that infringes
`
`the ’363 Patent by, at a minimum, providing and supporting the Products and Services and
`
`instructing its customers on how to use said Products and Services in such a way that infringes
`
`the ’363 Patent and knew that its actions, including but not limited to providing said Products
`
`and Services and instruction, would induce, have induced, and will continue to induce
`
`infringement by its customers.
`
`38.
`
`Defendant’s aforesaid activities have been without authority and/or license from
`
`Plaintiff.
`
`39.
`
`Despite its knowledge of the ’363 Patent, known of at least since January 4, 2013
`
`and without a reasonable basis for continuing the infringing activities as previously described in
`
`this Count, on information and belief, Defendant has willfully infringed the ’363 Patent.
`
`P a g e | 13
`D. Del: 1:14-cv-523
`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`
`Petitioner Nissan North America, Inc. - Exhibit 1002 - Page 13
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`Case 1:14-cv-00523-GMS Document 5 Filed 08/13/14 Page 14 of 16 PageID #: 315
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`40.
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`Plaintiff is entitled to recover from Defendant the damages sustained by Plaintiff
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`as a result of Defendant’s wrongful acts in an amount subject to proof at trial, which, by law,
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`cannot be less than a reasonable royalty, together with interest and costs as fixed by this Court
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`under 35 U.S.C. § 284.
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`41.
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`Defendant’s infringement of Plaintiff’s rights under the ‘363 Patent will continue
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`to damage Plaintiff, causing irreparable harm for which there is no adequate remedy at law,
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`unless enjoined by this Court.
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`
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`JURY DEMAND
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`42.
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`Plaintiff demands a trial by jury on all issues.
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`
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`PRAYER FOR RELIEF
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`Plaintiff respectfully requests the following relief:
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`A.
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`An adjudication that one or more claims of the Patents-in-Suit have been
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`infringed, either literally and/or under the doctrine of equivalents, by the
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`Defendant and/or its customers and that such infringement is willful;
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`B.
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`An adjudication that Defendant has induced infringement of one or more claims
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`of the Patents-in-Suit by Defendant’s customers;
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`C.
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`An award of damages to be paid by Defendant adequate to compensate Plaintiff
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`for its past infringement, including interest, costs, and disbursements as justified
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`under 35 U.S.C. § 284 and, if necessary to adequately compensate Plaintiff for
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`Defendant's infringement, an accounting of all infringing sales including, but not
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`limited to, those sales not presented at trial;
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`P a g e | 14
`D. Del: 1:14-cv-523
`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`
`Petitioner Nissan North America, Inc. - Exhibit 1002 - Page 14
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`Case 1:14-cv-00523-GMS Document 5 Filed 08/13/14 Page 15 of 16 PageID #: 316
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`D.
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`A grant of permanent injunction pursuant to 35 U.S.C. § 283, enjoining the
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`Defendant from further acts of infringement with respect to the claims of the ‘363
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`Patent;
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`E.
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`That, should Defendant’s acts of infringement be found to be willful from the
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`time that Defendant became aware of the infringing nature of its actions, that the
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`Court award treble damages for the period of such willful infringement pursuant
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`to 35 U.S.C. § 284.
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`F.
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`That this Court declare this to be an exceptional case and award Plaintiff its
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`reasonable attorneys’ fees and costs in accordance with 35 U.S.C. § 285; and,
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`G.
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`Any further relief that this Court deems just and proper.
`
`\
`
`\
`
`
`
`
`
`P a g e | 15
`D. Del: 1:14-cv-523
`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`
`Petitioner Nissan North America, Inc. - Exhibit 1002 - Page 15
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`

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`Case 1:14-cv-00523-GMS Document 5 Filed 08/13/14 Page 16 of 16 PageID #: 317
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`Respectfully submitted this 13th day of August, 2014.
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`
`
`STAMOULIS & WEINBLATT LLC
`
`
`
`
`
` s/ Stamatios Stamoulis
`Stamatios Stamoulis (#4606)
`stamoulis@swdelaw.com
`Richard C. Weinblatt (#5080)
`weinblatt@swdelaw.com
`Two Fox Point Centre
`6 Denny Road, Suite 307
`Wilmington, Delaware 19809
`Telephone: (302) 999-1540
`
`HENINGER GARRISON DAVIS, LLC
`Steven W. Ritcheson, Pro Hac Vice anticipated
`9800 D Topanga Canyon Blvd. #347
`Chatsworth, California 91311
`Telephone: (818) 882-1030
`Facsimile: (818) 337-0383
`Email: swritcheson@hgdlawfirm.com
`
`HENINGER GARRISON DAVIS, LLC
`Maureen V. Abbey, Pro Hac Vice anticipated
`220 St. Paul Street
`Westfield, New Jersey 07090
`Telephone: (908) 379-8475
`Facsimile: (205) 326-3332
`Email: maureen@hgdlawfirm.com
`
`
`
`Attorneys for Plaintiff Joao Control &
`Monitoring Systems, LLC
`
`P a g e | 16
`D. Del: 1:14-cv-523
`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`
`Petitioner Nissan North America, Inc. - Exhibit 1002 - Page 16
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`Case 1:14-cv-00523-GMS Document 5-1 Filed 08/13/14 Page 1 of 62 PageID #: 318
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`EXHIBIT A
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`Petitioner Nissan North America, Inc. - Exhibit 1002 - Page 17
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`Case 1:14-cv-00523-GMS Document 5-1 Filed 08/13/14 Page 2 of 62 PageID #: 319
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`Petitioner Nissan North America, Inc. - Exhibit 1002 - Page 18
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`Case 1:14-cv-00523-GMS Document 5-1 Filed 08/13/14 Page 3 of 62 PageID #: 320
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`Petitioner Nissan North America, Inc. - Exhibit 1002 - Page 19
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`Case 1:14-cv-00523-GMS Document 5-1 Filed 08/13/14 Page 4 of 62 PageID #: 321
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`Petitioner Nissan North America, Inc. - Exhibit 1002 - Page 20
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`Case 1:14-cv-00523-GMS Document 5-1 Filed 08/13/14 Page 5 of 62 PageID #: 322
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`Petitioner Nissan North America, Inc. - Exhibit 1002 - Page 21
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`Case 1:14-cv-00523-GMS Document 5-1 Filed 08/13/14 Page 6 of 62 PageID #: 323
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`Petitioner Nissan North America, Inc. - Exhibit 1002 - Page 22
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`Case 1:14-cv-00523-GMS Document 5-1 Filed 08/13/14 Page 7 of 62 PageID #: 324
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`Petitioner Nissan North America, Inc. - Exhibit 1002 - Page 23
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`Case 1:14-cv-00523-GMS Document 5-1 Filed 08/13/14 Page 8 of 62 PageID #: 325
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`Petitioner Nissan North America, Inc. - Exhibit 1002 - Page 24
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`Case 1:14-cv-00523-GMS Document 5-1 Filed 08/13/14 Page 9 of 62 PageID #: 326
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`Petitioner Nissan North America, Inc. - Exhibit 1002 - Page 25
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`Case 1:14-cv-00523-GMS Document 5-1 Filed 08/13/14 Page 10 of 62 PageID #: 327
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`Petitioner Nissan North America, Inc. - Exhibit 1002 - Page 26
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`Case 1:14-cv-00523-GMS Document 5-1 Filed 08/13/14 Page 11 of 62 PageID #: 328
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`Petitioner Nissan North America, Inc. - Exhibit 1002 - Page 27
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`Case 1:14-cv-00523-GMS Document 5-1