Case 2:17-cv-00424-JRG Document 37 Filed 09/20/17 Page 1 of 19 PageID #: 604
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`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`Case No. 2:17-CV-00424-JRG
`
`JURY TRIAL DEMANDED
`
`§§§§§§§§§§§§§§§
`
`BLITZSAFE TEXAS, LLC,
`
`Plaintiff,
`
`v.
`
`TATA MOTORS LTD., JAGUAR LAND
`ROVER LTD., and JAGUAR LAND
`ROVER NORTH AMERICA, LLC,
`
`
`
`
`
` Defendants.
`
`PLAINTIFF’S FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`
`Plaintiff, Blitzsafe Texas, LLC (“Blitzsafe” or “Plaintiff”), files this First Amended
`
`Complaint against Defendants Tata Motors Ltd., Jaguar Land Rover Limited, and Jaguar Land
`
`Rover North America, LLC (collectively, “Defendants”), for patent infringement under 35
`
`U.S.C. § 271 and alleges as follows:
`
`THE PARTIES
`
`1.
`
`Plaintiff, Blitzsafe Texas LLC, is a limited liability company organized and
`
`existing under the laws of the State of Texas, and maintains its principal place of business at 100
`
`W. Houston Street, Marshall, Texas 75670. Blitzsafe sells automotive interface products that
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`allow the end user to connect a third-party external audio device or multimedia device to a car
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`stereo in order to play the content on the device through the car stereo system and speakers, from
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`its office in Marshall, Texas. Blitzsafe sells its products throughout the United States including
`
`
`
`Jaguar Land Rover
`Exhibit 1013
`Page 001
`
`

`

`Case 2:17-cv-00424-JRG Document 37 Filed 09/20/17 Page 2 of 19 PageID #: 605
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`
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`in this judicial district. Blitzsafe is the owner of all right, title, and interest in and to U.S. Patent
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`No. 7,489,786 and U.S. Patent No. 8,155,342.
`
`2.
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`Upon information and belief, Defendant Tata Motors Ltd. is an Indian
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`multinational automotive manufacturing company with a place of business at Bombay House, 24
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`Homi Mody Street, Mumbai, India 400 001.
`
`3.
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`Upon information and belief, Defendant Jaguar Land Rover Limited is a British
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`corporation with a place of business at Abbey Road, Whitley, Coventry, CV3 4LF, United
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`Kingdom. On information and belief, Jaguar Land Rover Ltd. does business, itself, or through
`
`its subsidiaries and affiliates, in the State of Texas and the Eastern District of Texas.
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`4.
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`Upon information and belief, Defendant Jaguar Land Rover North America, LLC
`
`(“JLRNA”) is a Delaware corporation with a place of business at 555 MacArthur Blvd.,
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`Mahwah, NJ 07430, and may be served with process through its registered agent, Corporation
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`Service Company, 2711 Centerville Rd., Suite 400, Wilmington, DE 19808. Upon information
`
`and belief, JLRNA distributes, markets, sells, and services Jaguar and Land Rover-branded
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`vehicles, and related parts and accessories throughout the United States.
`
`5.
`
`Upon information and belief, JLRNA is registered to do business in Texas with
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`the Secretary of State. The Texas Business Organizations Code (Bus. Org. § 9.001) requires all
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`entities formed outside of the State of Texas to complete such registration in order to “transact
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`business” in Texas. Upon information and belief, JLRNA is registered as a taxable entity with
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`the Texas Comptroller of Public Accountants in connection with its marketing, distribution, and
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`technical support of Jaguar and Land Rover-branded vehicles through its relationship with Jaguar
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`Land Rover dealerships.
`
`
`
`2
`
`Jaguar Land Rover
`Exhibit 1013
`Page 002
`
`

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`Case 2:17-cv-00424-JRG Document 37 Filed 09/20/17 Page 3 of 19 PageID #: 606
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`
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`6.
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`JLRNA engages in sales of products that infringe the patents-in-suit to the Jaguar
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`Land Rover dealership in Frisco, Texas. Upon information and belief, JLRNA engages in
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`marketing activities that promote the sale of Jaguar and Land Rover-branded products to
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`customers and/or potential customers located in Texas and in the Eastern District of Texas.
`
`7.
`
`Upon information and belief, JLRNA employees work with the Jaguar Land
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`Rover dealership in this District on issues related to sales, marketing, technical training, and the
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`service of parts and accessories. Upon information and belief, JLRNA reimburses these
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`employees for travel and personal expenses related to their job responsibilities.
`
`8.
`
`Upon information and belief, the Jaguar Land Rover dealer located within the
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`Eastern District of Texas has executed dealer agreements with JLRNA. Upon information and
`
`belief, these dealer agreements set forth Jaguar Land Rover Franchise Standards and other
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`requirements enumerated by Defendants that dealers must comply with. Upon information and
`
`belief, these standards and requirements are directed to at least the dealership facility, space,
`
`appearance, layout, and equipment.
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`9.
`
`Upon information and belief, JLRNA regularly, continuously, and systematically
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`provides support to and control over the Jaguar Land Rover dealership located in the Eastern
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`District of Texas. Upon information and belief, JLRNA employees regularly and systematically
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`work at the Jaguar Land Rover dealership in this District to educate dealership employees
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`regarding features of the Jaguar and Land Rover accused products sold in this judicial district,
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`including but not limited to features regarding audio and multimedia integration systems. Upon
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`information and belief, various positions at JLRNA require working at the dealerships in this
`
`District.
`
`
`
`3
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`Jaguar Land Rover
`Exhibit 1013
`Page 003
`
`

`

`Case 2:17-cv-00424-JRG Document 37 Filed 09/20/17 Page 4 of 19 PageID #: 607
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`
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`10.
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`Upon information and belief, JLRNA employees regularly travel to the Jaguar
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`Land Rover dealership in this district in order to provide support to and exercise control over the
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`sales, marketing, and service of Jaguar and Land Rover automobiles in this District. As one
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`example of JLRNA’s support to and control over the dealerships, upon information and belief,
`
`JLRNA employees travel to the dealership located in this District to provide training to service
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`technicians employed by such dealership. Upon information and belief, JLRNA employs
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`Regional Technical Managers who “work[] with retailer management to actively develop a
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`customer-focused culture, which delivers high levels of customer loyalty and advocacy,”
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`“monitor[] the performance of the Retailer’s Workshop against targets, using a wide range of
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`JLR reports and tools,” “work[] with Retailers to review data on customer satisfaction,” “guide[]
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`Retailer Management to Improve Performance through analysis of Repeat Repair, Quality Check
`
`and Red Flag Metrics,” “coach[] and support[] retailer managers to ensure approved Tooling and
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`Diagnostic Equipment is available and maintained in line with JLR Standards to ensure correct
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`Diagnostics and Repair,” “compile[] a report to communicate improvement opportunities to
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`Retailer with closure plans and responsibilities for each concern raised,” “assess[] Workshop and
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`standards against JLR Franchise Standards, DSAT and Retailer Technical Assessment Process
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`and implements in conjunction with retailer management any corrective actions required,”
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`“guide[] Managers to develop the capability and performance of their workshop teams; ensures
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`that the Retailer is fully compliant with JLR competency and training requirements,” “work[]
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`with retailers to review the outcomes from Retailer Standards Audits and implement any
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`corrective action which is required,” “communicate[] and support[] retailers to implement key
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`JLR Workshop indicatives and technologies (e.g. EVHC, new diagnostic tools) which are being
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`rolled out by the NSC/Importer,” “provide[] coaching to workshop teams to support specific
`
`
`
`4
`
`Jaguar Land Rover
`Exhibit 1013
`Page 004
`
`

`

`Case 2:17-cv-00424-JRG Document 37 Filed 09/20/17 Page 5 of 19 PageID #: 608
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`
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`initiatives (e.g. use of systems such as TOPix, DDW and SDD),” and “support[] Retailer in the
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`discussions of complex technical situations with Customer.” See Exhibit A.1 This position and
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`similar positions at JLRNA require domestic travel, upon information and belief, to the
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`dealership in this district.
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`11.
`
`Upon information and belief, while Defendants’ employees are working at
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`dealerships in this District, they have access to communication devices (cell phones, laptops,
`
`etc.) provided by Defendants on which they conduct business on behalf of Defendants. Upon
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`information and belief, Defendants’ employees have access to their JLRNA e-mail accounts
`
`while they are present in dealerships in this District.
`
`12.
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`Upon information and belief, through its exclusive agents, instrumentalities and
`
`representatives, JLRNA provides new car warranty service within the district on the infringing
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`products. Upon information and belief, JLRNA warrants to the original and each subsequent
`
`owner of new Jaguar and Land Rover vehicles that any authorized Jaguar Land Rover dealer will
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`make any repairs or replacements necessary to correct defects in material or workmanship
`
`arising during the warranty period. Upon information and belief, all such warranty work is paid
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`for by JLRNA. Upon information and belief, there is at least one authorized Jaguar Land Rover
`
`dealer in the Eastern District of Texas, at the service department at Land Rover Frisco. Upon
`
`information and belief, service technicians employed at this dealership participate in JLRNA-
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`sponsored training programs, workshops, schools, and events.
`
`13.
`
`Upon information and belief, JLRNA provides Passport to Service Booklets
`
`(“Booklets”) to Jaguar and Land Rover customers, including those customers that purchase
`
`
`1
`Available at
`https://chk.tbe.taleo.net/chk06/ats/careers/requisition.jsp?org=JAGUARLANDROVER&cws=6
`&rid=732
`
`
`
`5
`
`Jaguar Land Rover
`Exhibit 1013
`Page 005
`
`

`

`Case 2:17-cv-00424-JRG Document 37 Filed 09/20/17 Page 6 of 19 PageID #: 609
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`
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`Jaguar and Land Rover vehicles in the Eastern District of Texas. The Booklets direct questions
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`regarding warranty rights and responsibilities to JLRNA’s Customer Relationship Center. Upon
`
`information and belief, the Booklets direct customers, including those customers that purchase
`
`Jaguar and Land Rover vehicles in the Eastern District of Texas, to provide direct, written
`
`notification of any alleged unrepaired defects or malfunctions and service difficulties to
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`JLRNA’s Customer Relationship Center, including notifications under applicable state laws.
`
`14.
`
`Upon information and belief, the Jaguar Land Rover dealership located within this
`
`district is JLRNA’s exclusive agent, instrumentality, and representative within this judicial
`
`district for the provision within this District of all new warranty service for Jaguar and Land
`
`Rover vehicles sold both within the district and outside the district. Upon information and belief,
`
`if a Jaguar or Land Rover customer located within this District needs to have new car warranty
`
`repairs performed within this District, Defendants require the Jaguar or Land Rover customer to
`
`have the work performed at the authorized Jaguar Land Rover dealer within this District.
`
`15.
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`Upon information and belief, the technicians employed by JLRNA, including
`
`those that reside in this District, provide direct supervision and assistance within this District on
`
`a regular, ongoing, and continuous basis in connection with warranty repairs being performed
`
`within the district.
`
`16.
`
`Upon information and belief, one or more Defendants regularly engage in
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`marketing activities that promote the sale of Jaguar and Land Rover-branded products to
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`customers and/or potential customers located in Texas and in the Eastern District of Texas.
`
`Upon information and belief, Defendants maintain interactive commercial websites, accessible to
`
`residents of Texas and the Eastern District of Texas, through which Defendants promote their
`
`products that infringe the patents-in-suit. Upon information and belief, these interactive
`
`
`
`6
`
`Jaguar Land Rover
`Exhibit 1013
`Page 006
`
`

`

`Case 2:17-cv-00424-JRG Document 37 Filed 09/20/17 Page 7 of 19 PageID #: 610
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`
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`commercial websites direct customers as to where to buy Jaguar and Land Rover-branded
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`vehicles with accused products, including the Jaguar Land Rover dealership within the Eastern
`
`District of Texas. Defendants’ interactive commercial websites also have submission forms that
`
`allow customers to schedule test drives with the dealer in this District and view inventory at the
`
`dealer in this District. Defendants’ interactive websites also provide service and care
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`information, and materials about Defendants’ products, including the accused products, such as
`
`“how to videos,” guides, and manuals. Upon information and belief, Defendants attempt to sell
`
`their branded vehicles within the District, which include the infringing products, by causing
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`advertisements for their vehicles to appear on television and radio programs broadcast into the
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`District and in local newspapers distributed within the District.
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`17.
`
`Upon information and belief, Jaguar Land Rover Ltd. owns Jaguar Land Rover
`
`trademarks in the United States.
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`JURISDICTION AND VENUE
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`18.
`
`This is an action for patent infringement arising under the patent laws of the
`
`United States, 35 U.S.C. §§ 1, et seq. This Court has jurisdiction over this action pursuant to
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`28 U.S.C. §§ 1331 and 1338(a).
`
`19.
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`This Court has personal jurisdiction over Defendants. Defendants conduct
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`business and have committed acts of patent infringement and/or have induced acts of patent
`
`infringement by others in this judicial district and/or have contributed to patent infringement by
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`others in this judicial district, the State of Texas, and elsewhere in the United States.
`
`20.
`
`Venue is proper in this judicial district pursuant to 28 U.S.C. § 1400(b) because,
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`among other things, Defendants are subject to personal jurisdiction in this judicial district,
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`Defendants have a regular and established place of business in this judicial district, have
`
`
`
`7
`
`Jaguar Land Rover
`Exhibit 1013
`Page 007
`
`

`

`Case 2:17-cv-00424-JRG Document 37 Filed 09/20/17 Page 8 of 19 PageID #: 611
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`
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`purposely transacted business involving the accused products in this judicial district, including
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`sale to one or more customers in Texas, and certain of the acts complained of herein occurred in
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`this judicial district.
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`21.
`
`Defendants are subject to this Court’s jurisdiction pursuant to due process and/or
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`the Texas Long Arm Statute due at least to its substantial business in this State and judicial
`
`district, including (a) at least part of its past infringing activities, (b) regularly doing or soliciting
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`business in Texas, and/or (c) engaging in persistent conduct and/or deriving substantial revenue
`
`from goods and services provided to customers in Texas.
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`PATENTS-IN-SUIT
`
`22.
`
`On February 10, 2009, the United States Patent and Trademark Office duly and
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`legally issued U.S. Patent No. 7,489,786 (the “’786 Patent”) entitled “Audio Device Integration
`
`System.”
`
`23.
`
`On April 10, 2012, the United States Patent and Trademark Office duly and
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`legally issued U.S. Patent No. 8,155,342 (the “’342 Patent”) entitled “Multimedia Device
`
`Integration System.”
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`FACTUAL ALLEGATIONS
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`24.
`
`The patents-in-suit generally cover systems for integrating third-party audio
`
`devices and multimedia devices with a car stereo.
`
`25.
`
`26.
`
`Plaintiff has complied with the requirements of 35 U.S.C. § 287(a).
`
`Defendants manufacture, import, and/or sell audio and multimedia integration
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`systems which have been installed in Jaguar and Land Rover-branded vehicles made in or
`
`imported into the United States since at least approximately 2011, including the “InControl
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`Touch” and “InControl Infotainment” systems as well as accessories to be installed at or after the
`
`
`
`8
`
`Jaguar Land Rover
`Exhibit 1013
`Page 008
`
`

`

`Case 2:17-cv-00424-JRG Document 37 Filed 09/20/17 Page 9 of 19 PageID #: 612
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`
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`time of delivery of the vehicle (hereinafter collectively referred to as “Infotainment Systems”).
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`These Infotainment Systems include head units, extension modules, and iPod/iPhone and mp3
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`integration kits that the Defendants purchase from third-party suppliers.
`
`27.
`
`The Defendants' Infotainment Systems are sold in at least the following vehicles
`
`during the period from 2011 to the present: Jaguar F-Type, Jaguar XF, Jaguar XFR, JaguarXFR-
`
`S, Jaguar XJ, Jaguar XJR, Jaguar XK, Jaguar XKR, Jaguar XKR-S, Land Rover Discovery
`
`Sport, Land Rover LR2, Land Rover LR4, Range Rover, Range Rover Evoq/Evoque, Range
`
`Rover Sport.
`
`28.
`
`The Infotainment Systems support the integration of third-party external audio
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`and multimedia devices, such as MP3 players, with the car stereo. The Infotainment Systems
`
`permit an end user to connect a third-party external audio or multimedia device to the car stereo
`
`by wire, such as through a USB port or auxiliary port, or wirelessly, such as through Bluetooth.
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`Once connected, the end user may control the third-party external audio or multimedia device
`
`using the car stereo’s controls, and the audio from the external device may be played through the
`
`car stereo and speakers while text, pictures, visual images, and video may be displayed on the
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`display screen of the car stereo.
`
`29.
`
`The Defendants’ user manuals,
`
`instructional videos, websites and other
`
`information demonstrate to the Defendants’ users, customers, and prospective customers how an
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`external audio device and external multimedia device may be connected to the car stereo by wire
`
`to, for example, a USB port or wirelessly by Bluetooth, and how the external device may be
`
`controlled by the car stereo’s controls. For example, the Owner’s Manual for the 2012 Range
`
`Rover Sport/L320 states:
`
`
`
`9
`
`Jaguar Land Rover
`Exhibit 1013
`Page 009
`
`

`

`Case 2:17-cv-00424-JRG Document 37 Filed 09/20/17 Page 10 of 19 PageID #: 613
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`
`
`
`
`10
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`Jaguar Land Rover
`Exhibit 1013
`Page 010
`
`

`

`Case 2:17-cv-00424-JRG Document 37 Filed 09/20/17 Page 11 of 19 PageID #: 614
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`
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`The 2012 Jaguar XF Owner’s Manual downloaded from
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`http://www.jaguarusa.com/owners/manuals-guides/xf-library.html, instructs:
`
`
`
`11
`
`Jaguar Land Rover
`Exhibit 1013
`Page 011
`
`

`

`Case 2:17-cv-00424-JRG Document 37 Filed 09/20/17 Page 12 of 19 PageID #: 615
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`
`
`COUNT I
`(Infringement of the ’786 Patent)
`
`30.
`
`Paragraphs 1 through 29 are incorporated by reference herein as if fully set forth
`
`in their entireties.
`
`31.
`
`Blitzsafe has not licensed or otherwise authorized Defendants to make, use, offer
`
`for sale, sell, or import any products that embody the inventions of the ’786 Patent.
`
`32.
`
`Defendants have and continue to directly infringe one or more claims of the ’786
`
`Patent, including claim 57, either literally or under the doctrine of equivalents, by making, using,
`
`offering to sell, selling, and/or importing into the United States infringing Infotainment Systems
`
`without authority and in violation of 35 U.S.C. § 271.
`
`33.
`
`Defendants have and continue to indirectly infringe one or more claims of the
`
`’786 Patent by knowingly and intentionally inducing others to directly infringe, either literally or
`
`under the doctrine of equivalents, by making, using, offering to sell, selling, and/or importing
`
`into the United States the infringing Infotainment Systems. For example, Defendants, with
`
`knowledge that the Infotainment Systems infringe the ’786 Patent at least as of the date of the
`
`
`
`12
`
`Jaguar Land Rover
`Exhibit 1013
`Page 012
`
`

`

`Case 2:17-cv-00424-JRG Document 37 Filed 09/20/17 Page 13 of 19 PageID #: 616
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`
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`original Complaint, knowingly and intentionally induced, and continue to knowingly and
`
`intentionally induce, direct infringement of the ’786 Patent by providing Infotainment System
`
`user manuals, product manuals, instructional videos, website information, and documentation
`
`that instruct end users how to use the Infotainment Systems, including specifically how to
`
`connect their external third-party audio and multimedia devices to the car stereo and how to
`
`control the external device using the car stereo’s controls. Defendants induced infringement by
`
`others, including end users, with the intent to cause infringing acts by others or, in the
`
`alternative, with the belief that there was a high probability that others, including end users,
`
`infringe the ’786 Patent, but while remaining willfully blind to the infringement.
`
`34.
`
`Defendants have and continue to indirectly infringe one or more claims of the
`
`’786 Patent by contributing to the direct infringement, either literally or under the doctrine of
`
`equivalents, by others, including end users, by offering to sell, selling, and/or importing into the
`
`United States the infringing Infotainment Systems and with the knowledge, at least as of the date
`
`of the original Complaint, that the Infotainment Systems contain components that constitute a
`
`material part of the inventions claimed in the ’786 Patent. Such components include, for
`
`example, interfaces that permit an end user to use a car stereo’s controls to control an external
`
`third party audio device and multimedia device. Defendants know that these components are
`
`especially made or especially adapted for use in an infringement of the ’786 Patent and that these
`
`components are not a staple article or commodity of commerce suitable for substantial non-
`
`infringing use. Alternatively, Defendants believed there was a high probability that others would
`
`infringe the ’786 Patent, but remained willfully blind to the infringing nature of others’ actions.
`
`35.
`
`Blitzsafe has suffered damages as a result of Defendants’ direct and indirect
`
`infringement of the ’786 Patent in an amount to be proved at trial.
`
`
`
`13
`
`Jaguar Land Rover
`Exhibit 1013
`Page 013
`
`

`

`Case 2:17-cv-00424-JRG Document 37 Filed 09/20/17 Page 14 of 19 PageID #: 617
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`
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`36.
`
`Blitzsafe has suffered, and will continue to suffer, irreparable harm as a result of
`
`Defendants’ infringement of the ’786 Patent, for which there is no adequate remedy at law,
`
`unless Defendants’ infringement is enjoined by this Court.
`
`37.
`
`Defendants have committed and continue to commit acts of infringement that
`
`Defendants actually knew or should have known constituted an unjustifiably high risk of
`
`infringement of at least one valid and enforceable claim of the ’786 Patent. Upon information
`
`and belief, Defendants had actual knowledge of the ’786 Patent from prior litigations in which
`
`they were named parties as well as prior litigations accusing products made by Infotainment
`
`System suppliers of Defendants, and prior litigations in which their Infotainment System
`
`suppliers were involved as third parties, Defendants’ infringement of the ’786 Patent has been
`
`and continues to be willful, entitling Blitzsafe to an award of treble damages, reasonable attorney
`
`fees, and costs in bringing this action.
`
`COUNT II
`(Infringement of the ’342 Patent)
`
`38.
`
`Paragraphs 1 through 29 are incorporated by reference herein as if fully set forth
`
`in their entireties.
`
`39.
`
`Blitzsafe has not licensed or otherwise authorized Defendants to make, use, offer
`
`for sale, sell, or import any products that embody the inventions of the ’342 Patent.
`
`40.
`
`Defendants have and continue to directly infringe one or more claims of the ’342
`
`Patent, including claim 49, either literally or under the doctrine of equivalents, by making, using,
`
`offering to sell, selling and/or importing into the United States infringing Infotainment Systems
`
`without authority and in violation of 35 U.S.C. § 271.
`
`41.
`
`Defendants have and continue to indirectly infringe one or more claims of the
`
`’342 Patent by knowingly and intentionally inducing others to directly infringe, either literally or
`
`
`
`14
`
`Jaguar Land Rover
`Exhibit 1013
`Page 014
`
`

`

`Case 2:17-cv-00424-JRG Document 37 Filed 09/20/17 Page 15 of 19 PageID #: 618
`
`
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`under the doctrine of equivalents, by making, using, offering to sell, selling, and/or importing
`
`into the United States the infringing Infotainment Systems. For example, Defendants, with
`
`knowledge that the Infotainment Systems infringe the ’342 Patent, at least as of the date of the
`
`original Complaint, knowingly and intentionally induced, and continue to knowingly and
`
`intentionally induce, direct infringement of the ’342 Patent by providing Infotainment System
`
`operating manuals, product manuals,
`
`instructional videos, website
`
`information, and
`
`documentation that instruct end users how to use the Infotainment Systems, including
`
`specifically how to connect external third-party audio and multimedia devices to the car stereo
`
`and how to control the external device using the car stereo’s controls. Defendants induced
`
`infringement by others, including end users, with the intent to cause infringing acts by others or,
`
`in the alternative, with the belief that there was a high probability that others, including end
`
`users, infringe the ’342 Patent, but while remaining willfully blind to the infringement.
`
`42.
`
`Defendants have and continue to indirectly infringe one or more claims of the
`
`’342 Patent by contributing to the direct infringement, either literally or under the doctrine of
`
`equivalents, by others, including end users, by offering to sell, selling, and/or importing into the
`
`United States infringing Infotainment Systems, with the knowledge, at least as of the date of the
`
`original Complaint, that the Infotainment Systems contain components that constitute a material
`
`part of the inventions claimed in the ’342 Patent. Such components include, for example,
`
`interfaces that permit an end user to use a car stereo’s controls to control an external third-party
`
`audio device. Defendants know that these components are especially made or especially adapted
`
`for use in an infringement of the ’342 Patent and that these components are not a staple article or
`
`commodity of commerce suitable for substantial non-infringing use. Alternatively, Defendants
`
`
`
`15
`
`Jaguar Land Rover
`Exhibit 1013
`Page 015
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`

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`Case 2:17-cv-00424-JRG Document 37 Filed 09/20/17 Page 16 of 19 PageID #: 619
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`
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`believed there was a high probability that others would infringe the ’342 Patent, but remained
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`willfully blind to the infringing nature of others’ actions.
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`43.
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`Blitzsafe has suffered damages as a result of Defendants’ direct and indirect
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`infringement of the ’342 Patent in an amount to be proved at trial.
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`44.
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`Blitzsafe has suffered, and will continue to suffer, irreparable harm as a result of
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`Defendants’ infringement of the ’342 Patent, for which there is no adequate remedy at law,
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`unless Defendants’ infringement is enjoined by this Court.
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`45.
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`Defendants have committed and continue to commit acts of infringement that
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`Defendants actually knew or should have known constituted an unjustifiably high risk of
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`infringement of at least one valid and enforceable claim of the ’342 Patent. Upon information
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`and belief, Defendants had actual knowledge of the ’342 Patent from prior litigations in which
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`they were named parties as well as prior litigations accusing products made by Infotainment
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`System suppliers of Defendants, and prior litigations in which their Infotainment System
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`suppliers were involved as third parties, Defendants’ infringement of the ’786 Patent has been
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`and continues to be willful, entitling Blitzsafe to an award of treble damages, reasonable attorney
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`fees, and costs in bringing this action.
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`DEMAND FOR JURY TRIAL
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`Plaintiff hereby demands a jury for all issues so triable.
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`PRAYER FOR RELIEF
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`WHEREFORE, Blitzsafe prays for relief against Defendants as follows:
`
`a.
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`Entry of judgment declaring that Defendants have directly and/or indirectly
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`infringed one or more claims of each of the patents-in-suit;
`
`b.
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`An order pursuant to 35 U.S.C. § 283 permanently enjoining Defendants, their
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`
`
`16
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`Jaguar Land Rover
`Exhibit 1013
`Page 016
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`

`

`Case 2:17-cv-00424-JRG Document 37 Filed 09/20/17 Page 17 of 19 PageID #: 620
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`officers, agents, servants, employees, attorneys, and those persons in active concert or
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`participation with them, from further acts of infringement of the patents-in-suit;
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`c.
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`An order awarding damages sufficient to compensate Blitzsafe for Defendants’
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`infringement of the patents-in-suit, but in no event less than a reasonable royalty, together with
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`interest and costs;
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`d.
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`Entry of judgment declaring that this case is exceptional and awarding Blitzsafe
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`its costs and reasonable attorney fees under 35 U.S.C. § 285; and
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`e.
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`Such other and further relief as the Court deems just and proper.
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`Dated: September 20, 2017
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`
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`
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`Respectfully submitted,
`
`
`
`/s/ Alfred R. Fabricant
`Alfred R. Fabricant
`NY Bar No. 2219392
`Email: afabricant@brownrudnick.com
`Peter Lambrianakos
`NY Bar No. 2894392
`Email: plambrianakos@brownrudnick.com
`Vincent J. Rubino, III
`NY Bar No. 4557435
`Email: vrubino@brownrudnick.com
`Alessandra C. Messing
`NY Bar No. 5040019
`Email: amessing@brownrudnick.com
`BROWN RUDNICK LLP
`7 Times Square
`New York, NY 10036
`Telephone: (212) 209-4800
`Facsimile: (212) 209-4801
`
`Samuel F. Baxter
`Texas State Bar No. 01938000
`sbaxter@mckoolsmith.com
`Jennifer L. Truelove
`Texas State Bar No. 24012906
`jtruelove@mckoolsmith.com
`
`
`
`17
`
`Jaguar Land Rover
`Exhibit 1013
`Page 017
`
`

`

`Case 2:17-cv-00424-JRG Document 37 Filed 09/20/17 Page 18 of 19 PageID #: 621
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`MCKOOL SMITH, P.C.
`104 E. Houston Street, Suite 300
`Marshall, Texas 75670
`Telephone: (903) 923-9000
`Facsimile: (903) 923-9099
`
`ATTORNEYS FOR PLAINTIFF
`BLITZSAFE TEXAS, LLC
`
`18
`
`Jaguar Land Rover
`Exhibit 1013
`Page 018
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`

`

`Case 2:17-cv-00424-JRG Document 37 Filed 09/20/17 Page 19 of 19 PageID #: 622
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`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that, on September (cid:21)(cid:19), 2017, all counsel of record who
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`are deemed to have consented to electronic service are being served with a copy of this document
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`via the Court's CM/ECF system per Local Rule CV-5(a)(3).
`
`/s/ Alfred R. Fabricant
`Alfred R. Fabricant
`
`Jaguar Land Rover
`Exhibit 1013
`Page 019
`
`

`

`Case 2:17-cv-00424-JRG Document 37-1 Filed 09/20/17 Page 1 of 4 PageID #: 623
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`EXHIBIT (cid:36)
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`Jaguar Land Rover
`Exhibit 1013
`Page 020
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`

`

`9/18/2017
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`Case 2:17-cv-00424-JRG Document 37-1 Filed 09/20/17 Page 2 of 4 PageID #: 624
`https://chk.tbe.taleo.net/chk06/ats/careers/requisition.jsp?org=JAGUARLANDROVER&cws=6&rid=732
`
`Regional Technical Manager- Irvine, CA
`Location: CA - Irvine
`Department: Technical Services
`
`Description
`
`Outline of Role:
`
`As part of the Technical Services Team, and based at our Corporate Headquarters in Mahwah, NJ and regional offices (Atlanta,
`GA; Naperville, IL; Irvine, CA; and Mississauga, CA), the Regional Technical Manager (“RTM”) is responsible for driving the
`compliance & competency of Retailer Workshop Technical operations to deliver Aftersales customer satisfaction and customer
`retention. This RTM role is based within the Irvine, CA Regional Office and will include a ratio of 1:20 retailers (which may be
`adjusted to meet business demands).
`
`
`
`
`Main accountabilities of the role include but are not limited to:
`
`Drive Technical Excellence within a Retailer Operation
`
`Works with retailer management to actively develop a customer-focused culture, which delivers high levels of
`customer loyalty and advocacy.
`Works with Retailers to review data on customer satisfaction (e.g. CLP, Mystery Shop, CRC open cases) relating to
`Workshop process and make improvements to the customer experience.
`Supports the Retailer to deliver outstanding customer service by getting involved to ensure the Retailer Technical
`Processes are aligned to JLR Standards.
`
`Manages performance
`
`Monitors the performance of the Retailer’s Workshop against targets, using a wide range of JLR reports and tools
`(e.g. Repair Standards, Red Flag, RFT, Diagnostics, Quality Checks, Equipment Compliance, Battery Care
`Standards, Vehicle off Road (VOR), DTS open cases, Campaign Management, CRC open cases, Health and
`Safety records).
`Reviews key processes (e.g. diagnostic processes, job cards, quality checks, concern reporting (TA, ePQR), Field
`Service Actions, Warranty processes) and identifies opportunities to improve compliance and efficiency.
`Guides Retailer Management to Improve Performance through analysis of Repeat Repair, Quality Check and Red
`Flag Metrics.
`Coaches and supports retai