Case 2:04-cv-00211-DF Document 1 Filed 06/08/2004 Page 1 of 7
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`1
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`PAICE 2007
`BMW v. Paice
`IPR2020-00994
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`
`
`1
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`PAICE 2007
`BMW v. Paice
`IPR2020-00994
`
`
`
`Case 2:04-cv-00211-DF Document 1 Filed 06/08/2004 Page 2 of 7
`Case 2:04-cv-00211-DF
`Document1
`Filed 06/08/2004
`Page2of7
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`3.
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`Defendant Toyota Motor North America, Inc. (“Toyota NA”) is, upon
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`information and belief, a Delaware corporation having its principal place of business at 9 West
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`57th Street, Suite 4900, New York, NY 10019. Upon further information and belief, Toyota NA
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`is a wholly-owned subsidiary of TMC andis the holding company for TMC’s United States sales
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`and manufacturing companies.
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`4,
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`Defendant Toyota Motor Sales, U.S.A., Inc. (“Toyota USA”)is, upon information
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`and belief, a Delaware corporation having its principal place of business at 19001 S. Western
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`Avenue, Torrance, CA 90509. Upon further information and belief, Toyota USA is TMC’s
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`sales and marketing arm, overseeing TMC vehicle sales, service, and parts for the over 1,200
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`Toyota dealerships located within the United States.
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`JURISDICTION AND VENUE
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`5.
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`This is an action for patent infringement arising underthe patent laws of the
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`United States, Title 35 of the United States Code. This Court has subject matter jurisdiction over
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`this action under 28 U.S. C. §§ 1331 and 1338(a).
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`6.
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`This Court has personal jurisdiction over TMC, Toyota NA, and Toyota USA
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`(collectively, “Defendants”) because, among other things, Defendants have directly infringed,
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`contributed to the infringementof, and/or actively induced infringement of Paice’s patents within
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`this judicial district, as set forth herein.
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`7.
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`Venueis proper in this Court under 28 U.S.C. §§ 1391 and 1400(b) because
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`Defendants have committed acts of infringementin and are subject to personal jurisdiction in this
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`judicial district.
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`Case 2:04-cv-00211-DF Document 1 Filed 06/08/2004 Page 3 of 7
`Case 2:04-cv-00211-DF
`Document1
`Filed 06/08/2004
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`FACTS
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`8.
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`Paice is the owner by assignmentofall right, title, and interest in and to United
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`States Letters Patent No. 5,343,970 (“the ’970 patent”) entitled “HYBRID ELECTRIC
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`VEHICLE.” The °970 patent was duly and legally issued by the United States Patent and
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`Trademark Office on September 6, 1994.
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`9,
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`Paice is the owner by assignmentofall right, title, and interest in and to United
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`States Letters Patent No. 6,209,672 (“the ’672 patent”) entitled “HYBRID VEHICLE.” The
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`"672 patent was duly and legally issued by the United States Patent and Trademark Office on
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`April 3, 2001.
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`10.
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`Paice is the owner by assignmentofall right, title, and interest in and to United
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`States Letters Patent No. 6,554,088 (“the ’088 patent”) entitled “HYBRID VEHICLES.” The
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`°088 patent was duly and legally issued by the United States Patent and Trademark Office on
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`April 29, 2003.
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`COUNT I: INFRINGEMENT OF UNITED STATES PATENT NO.5,343,970
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`il.
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`12.
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`Paice incorporates paragraphs 1-10 as if fully set forth herein.
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`Defendants have been and are now making, using,selling, offering for sale within
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`the United States, or importing into the United States, hybrid vehicles that infringe the ’970
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`patent.
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`13.
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`Defendants have been and now are contributing to the infringement of and/or
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`actively inducing the infringement ofthe ’970 patent by others by, among otherthings,
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`distributing or offering for sale hybrid vehicles and manuals that teach third parties to operate
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`said hybrid vehicles in a mannerthat directly infringes the °970 patent.
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`
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`Case 2:04-cv-00211-DF Document 1 Filed 06/08/2004 Page 4 of 7
`Case 2:04-cv-00211-DF
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`14.
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`Defendants have had actual knowledge of the ’970 patent and their infringement
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`is willful.
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`15.
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`Defendants’ past and continued acts of infringement have injured Paice and thus
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`Paice is entitled to recover damages adequate to compensate for that infringement.
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`16.
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`Defendants’ acts of infringement have caused and will continue to cause
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`irreparable injury to Paice unless and until enjoined by this Court.
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`COUNT Il: INFRINGEMENT OF UNITED STATES PATENT NO.6,209,672
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`17.
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`18.
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`Paice mcorporates paragraphs 1-16 as if fully set forth herein.
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`Defendants have been and are now making,using, selling, offering for sale within
`
`the United States, or importing into the United States, hybrid vehicles that infringe the ’672
`
`patent.
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`19.
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`Defendants have been and now are contributing to the infringement of and/or
`
`actively inducing the infringement of the °672 patent by others by, among otherthings,
`
`distributing or offering for sale hybrid vehicles and manualsthat teach third parties to operate
`
`said hybrid vehicles in a mannerthat directly infringes the ’672 patent..
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`20.
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`Defendants have had actual knowledge of the ’672 patent and their infringement
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`is willful.
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`21.
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`Defendants’ past and continued acts of infringement have injured Paice and thus
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`Paiceis entitled to recover damages adequate to compensate for that infringement.
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`22.
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`Defendants’ acts of infringement have caused and will continue to cause
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`irreparable injury to Paice unless and until enjoined bythis Court.
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`COUNT IE: INFRINGEMENT OF UNITED STATES PATENT NO. 6,554,088
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`23.
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`Paice incorporates paragraphs 1-22 asif fully set forth herein.
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`
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`Case 2:04-cv-00211-DF Document 1 Filed 06/08/2004 Page 5 of 7
`Case 2:04-cv-00211-DF
`Document1
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`24.
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`Defendants have been and are now making,using, selling, offering for sale within
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`the United States, or importing into the United States, hybrid vehicles that infringe the ’088
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`patent,
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`25,
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`Defendants have been and now are contributing to the infringement of and/or
`
`actively inducing the infringementof the ’088 patent by others by, amongotherthings,
`
`distributing or offering for sale hybrid vehicles and manualsthat teach third parties to operate
`
`said hybrid vehicles in a manner that directly infringes the ’088 patent.
`
`26.
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`Defendants have had actual knowledgeof the ’088 patentand their infringement
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`is willful.
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`27.
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`Defendants’ past and continued acts of infringement have injured Paice and thus
`
`Paiceis entitled to recover damages adequate to compensate for that infringement.
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`28.
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`Defendants’ acts of infringement have caused and will continue to cause
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`irreparable injury to Paice unless and until enjoined by this Court.
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`PRAYER FOR RELIEF
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`WHEREFORE,Plaintiff Paice LLC prays that this Court enter judgment:
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`a) declaring that Defendants have infringed United States Patent Nos. 5,343,970;
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`6,209,672; and 6,554,088;
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`b) preliminarily and permanently enjoining Defendants and their officers, agents,
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`employees, representatives, successors and assigns, and any others acting in
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`concert with them, from infringing United States Patent Nos. 5,343,970;
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`6,209,672; and 6,554,088;
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`c) awarding plaintiff Paice damages resulting from Defendants’ infringement
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`adequate to compensate for that infringement;
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`
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`Case 2:04-cv-00211-DF Document 1 Filed 06/08/2004 Page 6 of 7
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`d) awardingplaintiff Paice treble damages as a result of Defendants’ willful
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`infringement;
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`¢) declaring this to be an exceptional case within the meaning of 35 U.S.C.
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`§ 285;
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`f)
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`awarding plaintiff Paice its costs in this action, together with reasonable
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`attorney’s fees and pre-judgment and post-judgmentinterest; and
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`£) granting plaintiff Paice such otherrelief as this court deems just and proper.
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`Paice respectfully demandsa trial by jury.
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`Dated: June 8, 2004
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`Respectfully submitted,
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`By: Len
`
`Samuel F. Baxter (Bar No. 01938000)
`McKOOL SMITH P.C.
`505 East Travis Street, Suite 105
`Marshail, Texas 75670
`(903) 927-2111
`(903) 927-2622
`
`Of counsel:
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`Ruffin B. Cordell (Bar No. 04820550)
`FISH & RICHARDSONP.C.
`1425 K Street, N.W., 11" Floor
`Washington, DC 20005
`(202) 783-5070 (phone)
`(202) 783-2331 (facsimile)
`
`Robert E, Hillman
`FISH & RICHARDSONP.C.
`225 Franklin Street
`Boston, MA 02110
`(617) 542-5070 (phone)
`(617) 542-8906 (facsimile)
`
`
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`Case 2:04-cv-00211-DF Document 1 Filed 06/08/2004 Page 7 of 7
`Case 2:04-cv-00211-DF
`Document1
`Filed 06/08/2004
`Page/7 of7
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`Andrew D. Hirsch, Esquir
`PAICE LLC
`6830 Elm Street
`McLean, VA 22101
`(703) 288-9471 (phone)
`(703) 288-9474 (facsimile)
`
`Attorneys for Plaintiff
`PAICE LLC
`
`
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