IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`TORCHLIGHT TECHNOLOGIES LLC,
`
`Plaintiff,
`
`v.
`
`DAIMLER AG, MERCEDES-BENZ USA,
`LLC, VOLKSWAGEN AG, VOLKSWAGEN
`GROUP OF AMERICA, INC., AUDI AG,
`AUDI OF AMERICA, LLC, PORSCHE AG,
`AND PORSCHE CARS NORTH AMERICA,
`INC.,
`
`Defendants.
`
`Civil Action No. 22-751 (VAC)
`
` JURY TRIAL DEMANDED
`
`FIRST AMENDED COMPLAINT FOR PATENT
`
`INFRINGEMENT
`
`Plaintiff, Torchlight Technologies LLC (“Torchlight” of “plaintiff”), for its Complaint
`
`against Daimler AG, Mercedes-Benz USA, LLC, Volkswagen AG, Volkswagen Group of
`
`America, Inc., Audi AG, Audi of America, LLC, Porsche AG, and Porsche Cars North America,
`
`(collectively “Defendants”), states the following:
`
`I.
`
`THE PARTIES
`
`PLAINTIFF, TORCHLIGHT TECHNOLOGIES LLC
`
`1.
`
`Plaintiff Torchlight Technologies LLC (“Torchlight” or “plaintiff”) is a Delaware
`
`limited liability company with its registered office located at Corporation Service Company, 251
`
`Little Falls Drive, Wilmington, Delaware 19808, and with its principal place of business located
`
`at 767 Fifth Ave. Fl. 9, New York, NY 10153.
`
`Mercedes EX1032
`U.S. Patent No. 11,208,029
`
`

`

`DAIMLER AND MERCEDES-BENZ DEFENDANTS
`
`2.
`
`Upon information and belief, Daimler AG (“Daimler AG”) is a German corporation
`
`having its principal place of business in Stuttgart, Germany.
`
`3.
`
`Upon information and belief, Daimler AG is responsible for and/or is in the
`
`business of designing, manufacturing, importing, advertising, marketing, distributing, offering to
`
`sell and/or selling motor vehicles and components under Daimler brands, such as Mercedes-Benz,
`
`in all 50 states, including in this District, including motor vehicles having certain vehicle
`
`illuminating devices and components of such devices that are accused of infringement herein, and
`
`such motor vehicles and components are imported, used, offered for sale, sold and/or made in the
`
`United States, including in this District, by and/or on behalf of Daimler AG.
`
`4.
`
`Upon information and belief, Mercedes-Benz USA, LLC (“Mercedes-Benz USA”)
`
`is a wholly owned subsidiary of Daimler AG.
`
`5.
`
`Upon information and belief, Mercedes-Benz USA is a Delaware limited liability
`
`company, with its registered office located at The Corporation Trust Company, Corporation Trust
`
`Center, 1209 Orange Street, Wilmington, Delaware 19801, and with its principal place of business
`
`located at 1 Mercedes-Benz Drive, Sandy Springs, Georgia.
`
`6.
`
`Upon information and belief, Mercedes-Benz USA is responsible for and/or is in
`
`the business of designing, manufacturing, importing, advertising, marketing, distributing, offering
`
`to sell and/or selling motor vehicles and components, including Mercedes-Benz branded motor
`
`vehicles and components, in all 50 states, including this District, including motor vehicles having
`
`certain vehicle illuminating devices and components of such devices that are accused of
`
`infringement herein, and such motor vehicles and components are imported, used, offered for sale,
`
`2
`
`

`

`sold and/or made in the United States, including in this District, by and/or on behalf of Mercedes-
`
`Benz USA.
`
`VOLKSWAGEN, AUDI, AND PORSCHE DEFENDANTS
`
`7.
`
`Upon information and belief, Volkswagen AG (“VW AG”) is a German
`
`corporation having its principal place of business in Wolfsburg, Germany.
`
`8.
`
`Upon information and belief, VW AG is responsible for and/or is in the business of
`
`designing, manufacturing, importing, advertising, marketing, distributing, offering to sell and/or
`
`selling motor vehicles and components under VW AG brands, such as Volkswagen, Audi, and
`
`Porsche, in all 50 states, including in this District, including motor vehicles having certain vehicle
`
`illuminating devices and components of such devices that are accused of infringement herein, and
`
`such motor vehicles and components are imported, used, offered for sale, sold and/or made in the
`
`United States, including in this District, by and/or on behalf of VW AG.
`
`9.
`
`Upon information and belief, Audi AG (“Audi AG”) is a German corporation
`
`having its principal place of business in Ingolstadt, Germany.
`
`10.
`
`Upon information and belief, Audi AG is responsible for and/or is in the business
`
`of designing, manufacturing, importing, advertising, marketing, distributing, offering to sell and/or
`
`selling motor vehicles and components, such as Audi branded motor vehicles and components, in
`
`all 50 states, including in this District, including motor vehicles having certain vehicle illuminating
`
`devices and components of such devices that are accused of infringement herein, and such motor
`
`vehicles and components are imported, used, offered for sale, sold and/or made in the United
`
`States, including in this District, by and/or on behalf of Audi AG.
`
`11.
`
`Upon information and belief, Dr. Ing. h.c. F. Porsche AG (“Porsche AG”) is a
`
`German corporation having its principal place of business located in Stuttgart, Germany.
`
`3
`
`

`

`12.
`
`Upon information and belief, Porsche AG is responsible for and/or is in the business
`
`of designing, manufacturing, importing, advertising, marketing, distributing, offering to sell and/or
`
`selling motor vehicles and components, such as Porsche branded motor vehicles and components,
`
`in all 50 states, including in this District, including motor vehicles having certain vehicle
`
`illuminating devices and components of such devices that are accused of infringement herein, and
`
`such motor vehicles and components are imported, used, offered for sale, sold and/or made in the
`
`United States, including in this District, by and/or on behalf of Porsche AG.
`
`13.
`
`Upon information and belief, Volkswagen Group of America Inc. (“VW
`
`America”), is a corporation organized and existing under the laws of the State of New Jersey, with
`
`its principal place of business located at 2200 Ferdinand Porsche Drive, Herndon, Virginia, and is
`
`registered as a Delaware foreign corporation that may be served through its registered agent at The
`
`Corporation Service Company, 251 Little Falls Drive, Wilmington, Delaware 19808.
`
`14.
`
`Upon information and belief, VW AG is the parent corporation of VW America,
`
`Audi AG, and Porsche AG.
`
`Upon information and belief, Porsche AG is a wholly owned subsidiary of VW AG.
`
`Upon information and belief, VW America is a wholly owned subsidiary of VW
`
`15.
`
`16.
`
`AG.
`
`17.
`
`Upon information and belief, VW America is a U.S. sales arm of VW AG
`
`(collectively referred to as “VW AG/America”).
`
`18.
`
`Upon information and belief, VW AG/America is responsible for and/or is in the
`
`business of designing, manufacturing, importing, advertising, marketing, distributing, offering to
`
`sell and/or selling motor vehicles and components under Volkswagen brands, such as VW, Audi,
`
`and Porsche (collectively referred to as “VW motor vehicles”), in all 50 states, including this
`
`4
`
`

`

`District, including VW motor vehicles having certain vehicle illuminating devices and components
`
`of such devices that are accused of infringement herein, and such VW motor vehicles and
`
`components are imported, used, offered for sale, sold and/or made in the United States, including
`
`in this District, by and/or on behalf of VW AG/America.
`
`19.
`
`Upon information and belief, Audi of America, LLC (“Audi America”) is a
`
`Delaware corporation, with its registered office located at Corporation Service Company, 251
`
`Little Falls Drive, Wilmington, Delaware 19808, and with its principal place of business located
`
`at 2200 Woodland Pointe Avenue, Herndon Virginia.
`
`20.
`
`Upon information and belief, VW America does business as Audi of America, LLC.
`
`(“Audi America”).
`
`Upon information and belief, Audi America is at least 99% owned by Audi AG
`
`Upon information and belief, Audi America is a U.S. sales and marketing arm of
`
`21.
`
`22.
`
`VW AG.
`
`23.
`
`Upon information and belief, Audi America is responsible for and/or is in the
`
`business of designing, manufacturing, importing, advertising, marketing, distributing, offering to
`
`sell and/or selling motor vehicles and components, such as Audi branded motor vehicles and
`
`components, in all 50 states, including this District, including motor vehicles having certain
`
`vehicle illuminating devices and components of such devices that are accused of infringement
`
`herein, and that such motor vehicles and components are imported, used, offered for sale, sold
`
`and/or made in the United States, including in this District, by and/or on behalf of Audi America.
`
`24.
`
`Upon information and belief, Porsche Cars North America, Inc. (“Porsche
`
`America”) is a wholly-owned U.S. subsidiary of Porsche AG.
`
`5
`
`

`

`25.
`
`Upon information and belief, Porsche America is a Delaware corporation with its
`
`principal place of business located at 1 Porsche Drive, Atlanta, Georgia 30354, and with its
`
`registered office located at The Corporation Trust Company, Corporation Trust Center, 1209
`
`Orange Street, Wilmington, Delaware 19801.
`
`26.
`
`Upon information and belief, Porsche America is responsible for and/or is in the
`
`business of designing, manufacturing, importing, advertising, marketing, distributing, offering to
`
`sell and/or selling motor vehicles and components, such as Porsche branded motor vehicles and
`
`components, in all 50 states, including this District, including motor vehicles having certain
`
`vehicle illuminating devices and components of such devices that are accused of infringement
`
`herein, and that such motor vehicles and components are imported, used, offered for sale, sold
`
`and/or made in the United States, including in this District, by and/or on behalf of Porsche
`
`America.
`
`II.
`
`JURISDICTION AND VENUE
`
`27.
`
`This is a civil action for patent infringement arising under the Patent Laws of the
`
`United States, 35 U.S.C. §§ 1 et seq., including 35 U.S.C. §§ 271, 281, and 284-285.
`
`28.
`
`This Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331 and
`
`1338(a).
`
`29.
`
`This Court has personal jurisdiction over the Defendants because Defendants have
`
`minimum contacts within the State of Delaware and in the District of Delaware and they have
`
`purposefully availed themselves of the privileges of conducting business in the United States, and
`
`more specifically in Delaware and this District. Defendants have sought protection and benefit
`
`from the laws of the State of Delaware by placing infringing products into the stream of commerce
`
`6
`
`

`

`through an established distribution channel with the awareness and/or intent that they will be
`
`purchased by consumers in this District.
`
`30.
`
`This Court also has personal jurisdiction over Defendants because they regularly
`
`transact with entities and individuals in the State of Delaware including one or more dealerships
`
`located in the State of Delaware, and because they manufacture and distribute infringing motor
`
`vehicles and other infringing products that they purposefully direct into the State of Delaware,
`
`including this District, or at least place into the stream of commerce via established distribution
`
`channels with the knowledge and expectation that they will be sold in the State of Delaware and
`
`this District.
`
`31.
`
`This Court also has personal jurisdiction over Mercedes-Benz USA, Audi America,
`
`and Porsche America because they are incorporated in the State of Delaware.
`
`32.
`
`On information and belief, Defendants have significant ties to, and presence in, this
`
`District, making venue in this District both proper and convenient for this action.
`
`33.
`
`Venue is also proper in this District as to Mercedes-Benz USA, Audi America, and
`
`Porsche America under 28 U.S.C. §§ 1391(b)-(c), 1400(b) because they were formed under the
`
`laws of the State of Delaware and therefore reside in this District and are subject to personal
`
`jurisdiction in this District.
`
`34.
`
`Venue is also proper in this district under 28 U.S.C. § 1391(b)-(c) as to Daimler
`
`AG, VW AG, Audi AG, Porsche AG, because they are not incorporated in any of the United States.
`
`35.
`
`Venue is also proper in this District as to Daimler AG, Mercedes-Benz USA, VW
`
`AG, Audi America Audi AG, Porsche AG, and Porsche America under at least 28 U.S.C. § 1400(b)
`
`because, upon information and belief at least part of the infringing activities of each take place in
`
`the State of Delaware and this District.
`
`7
`
`

`

`36.
`
`Venue is also proper in this District as to VW America under at least 28 U.S.C. §
`
`1400(b) because: (A) at least part of its infringing activities take place in the State of Delaware
`
`and this District; and (B) upon information and belief, it owns and does business as Audi America,
`
`a Delaware Corporation residing in this District, with both having a common registered office
`
`located at Corporation Service Company, 251 Little Falls Drive, Wilmington, Delaware 19808.
`
`
`
`III. BACKGROUND
`
`37.
`
`On April 24, 2018 and August 19, 2022 respectively, U.S. Patent Nos. 9,955,551
`
`B2 and 9,955,551 C1 (together “the ’551 patent”) entitled “Detector Controlled Illuminating
`
`System” were duly and legally issued. (See Exhibit 1, U.S. Patent Nos. 9,955,551 B2 and C1.)
`
`38.
`
`Torchlight is the exclusive licensee of the ’551 patent, with the right to enforce the
`
`’551 patent, and the right to sue Defendants for infringement and recover past damages.
`
`39.
`
`On January 19, 2021, U.S. Patent No. 10,894,503 (“the ’503 patent”) entitled
`
`“Detector Controlled Headlight System” was duly and legally issued. (See Exhibit 2, U.S. Patent
`
`No. 10,894,503.)
`
`40.
`
`Torchlight is the exclusive licensee of the ’503 patent, with the right to enforce the
`
`’503 patent, and the right to sue Defendants for infringement and recover past damages.
`
`41.
`
`On December 28, 2021, U.S. Patent No. 11,208,029 (“the ’029 patent”) entitled
`
`“Adaptive Headlight System” was duly and legally issued. (See Exhibit 3, U.S. Patent No.
`
`11,208,029.)
`
`42.
`
`Torchlight is the exclusive licensee of the ’029 patent, with the right to enforce the
`
`’029 patent, and the right to sue Defendants for infringement and recover past damages.
`
`
`
`8
`
`

`

`IV. COUNT I – INFRINGEMENT OF THE ‘551 PATENT BY
`DAIMLER AG AND MERCEDES-BENZ USA
`
`
`
`43.
`
`44.
`
`Torchlight realleges the preceding paragraphs as though set forth fully herein.
`
`Daimler AG and Mercedes-Benz USA (collectively “Daimler/Mercedes”) have
`
`infringed one or more claims of the ’551 patent in violation of 35 U.S.C. § 271(a) by making,
`
`using, selling, and/or offering for sale in the United States, and/or importing into the United States,
`
`without authorization, certain motor vehicle illuminating devices including multiple light sources.
`
`45.
`
`Such infringement is described below based on publicly available information with
`
`respect to example claim 1 as to the example Daimler/Mercedes Multi-Row Headlamp system
`
`having 84 separately controllable LEDs (“Multi-Row Headlamp system”). On information and
`
`belief, Daimler/Mercedes has installed these devices in its vehicles and sold the vehicles to or
`
`through dealers throughout the U.S.
`
`46.
`
`The preamble of Claim 1 refers to a device “for illuminating an area to be lit capable
`
`of automatically meeting specific illumination requirements of different sub-areas within the area
`
`to be lit. . . .” On information and belief, Daimler/Mercedes vehicles equipped with the Multi-
`
`Row Headlamp system include a device for illuminating an area to be lit and the system
`
`automatically meets the specific illumination requirements of different sub-areas within the area
`
`to be lit. This is evidenced, for example by the sources attached as Exhibits M1-M6. More
`
`specifically for example, Exhibit M3 provides the following:
`
`
`
`[T]he next generation on the new E-Class uses a newly developed, high-resolution
`precision LED module as a grid light source, fitted with 84 high-performance LED
`chips. This is able to react even more dynamically, and the light illuminating the
`road is high-resolution and even more precise. . . .
`
`Each one of these LEDs can be individually electronically controlled. "Gridding"
`the light in this way allows the light distribution from the right and left headlamps
`
`9
`
`

`

`to be controlled entirely separately and adapted to the traffic conditions with a high
`level of dynamism. This enables the individual areas of the road surface to be
`illuminated in a very specific manner. . . .
`
`When the camera system recognises either oncoming traffic or road users driving
`ahead, the appropriate pixels are automatically deactivated, with the result that a
`dark tunnel is formed in the pattern of light distribution. The entire scope of light
`distribution is recalculated by the headlamp control units every 10 ms. In this way
`other road users are not dazzled but the driver can continue on his journey still using
`the high beam.
`
`The multi-function camera placed on the wind-screen, which is also used for
`other driver assistance systems, records the surroundings and the traffic
`situation. The camera then sends this information to four electronic control units,
`which calculate the ideal light pattern 100 times per second.
`
`
`
`47.
`
`Claim 1 then requires, “a multiplicity of independently controllable light sources,
`
`including at least two light sources of directional light output, such that each said source
`
`substantially illuminates a different sub-area within the area to be lit, the light sources having at
`
`least one of controllable light intensity and spectral light distribution. . . .” On information and
`
`belief, the Multi-Row Headlamp system has a multiplicity of independently controllable light
`
`sources, those being the independently controllable LEDs. Further, on information and belief, the
`
`Multi-Row Headlamp system includes at least two of those LED light sources arranged to provide
`
`directional light output, such that each of those LED light sources substantially illuminates a
`
`different sub-area within the area to be lit, the light sources having at least one of controllable light
`
`intensity and spectral light distribution. . . .” This is evidenced, for example by the sources
`
`attached as Exhibits M1-M6. More specifically for example, Exhibit M5 provides the language
`
`quoted in the preceding paragraph of this complaint.
`
`48.
`
`Claim 1 further requires, “a controller for adjusting at least one of a light intensity
`
`and light spectrum of the light sources. . . .” On information and belief, the Multi-Row Headlamp
`
`system has a controller for adjusting at least the light intensity of the LED light sources. This is
`
`10
`
`

`

`evidenced, for example, by the sources attached as Exhibits M1-M6. More specifically for
`
`example, Exhibit M3 provides the following:
`
`
`
`Each one of these LEDs can be individually electronically controlled. "Gridding"
`the light in this way allows the light distribution from the right and left headlamps
`to be controlled entirely separately and adapted to the traffic conditions with a high
`level of dynamism. This enables the individual areas of the road surface to be
`illuminated in a very specific manner. . . .
`
`A camera on the windscreen supplies the system with the information it needs
`about the constantly changing traffic situation and is also used by other
`assistance functions. Four control units per vehicle calculate the ideal light
`pattern 100 times per second and activate all 84 high-performance LEDs in each
`precision grid module individually.
`
`49.
`
`Claim 1 further requires “one or more detectors for sensing at least one of objects,
`
`surfaces and beings within the area to be lit including the specific sub-area location information
`
`and of passing the sensed information to the controller. . . .” On information and belief, the Multi-
`
`Row Headlamp system includes at least a camera detector for sensing traffic and other road users
`
`within the area to be lit, including specific sub-area location information, and passes that
`
`information to a controller. This is evidenced, for example by the sources attached as Exhibits M1-
`
`M6. More specifically for example, Exhibit M3 provides the following:
`
`
`
`Each one of these LEDs can be individually electronically controlled. Gridding"
`the light in this way allows the light distribution from the right and left headlamps
`to be controlled entirely separately and adapted to the traffic conditions with a high
`level of dynamism. This enables the individual areas of the road surface to be
`illuminated in a very specific manner. . . .
`
`When the camera system recognises either oncoming traffic or road users driving
`ahead, the appropriate pixels are automatically deactivated, with the result that a
`dark tunnel is formed in the pattern of light distribution. The entire scope of light
`distribution is recalculated by the headlamp control units every 10 ms. In this way
`other road users are not dazzled but the driver can continue on his journey still using
`the high beam.
`
`
`11
`
`

`

`The multi- function camera placed on the wind- screen, which is also used for other
`driver assistance systems, records the surroundings and the traffic situation. The
`camera then sends this information to four electronic control units, which calculate
`the ideal light pattern 100 times per second.
`
`
`
`Further, Exhibit M1 provides that “the camera forwards the angular positions of other road
`
`users to the headlamp, which then sections out the light in this area.”
`
`50.
`
`Claim 1 ends by requiring “a processor for processing the sensed information and
`
`determining illumination requirements of the at least one of objects, surfaces and beings using at
`
`least one of artificial intelligence, pattern recognition, video analytics, and look-up tables and for
`
`directing the controller to adjust the light source for that sub-area to meet the specific illumination
`
`requirement.” On information and belief, the Multi-Row Headlamp system includes a processor
`
`that processes the sensed information for determining the illumination requirements of an object
`
`(such as another vehicle), surface, or being using at least one of artificial intelligence, pattern
`
`recognition, video analytics, and look-up tables and for directing the controller to adjust the light
`
`source for that sub-area to meet a specific illumination requirement. This is evidenced, for
`
`example by the sources attached as Exhibits M1-M6.
`
`51.
`
`This infringement of the ’551 patent has caused damage to Torchlight, and
`
`Torchlight is entitled to recover damages sustained as a result of the infringement.
`
`
`
`
`
`52.
`
`53.
`
`V.
`
`COUNT II – INFRINGEMENT OF THE ‘503 PATENT BY
`DAIMLER AG AND MERCEDES BENZ USA
`
`Torchlight preceding paragraphs as though set forth fully herein.
`
`Daimler AG and Mercedes-Benz USA (collectively “Daimler/Mercedes”) have
`
`infringed one or more claims of the ’503 patent in violation of 35 U.S.C. § 271(a) by making,
`
`12
`
`

`

`using, selling, and/or offering for sale in the United States, and/or importing into the United States,
`
`without authorization, certain motor vehicle illuminating devices including multiple light sources.
`
`54.
`
`Such infringement is described below based on publicly available information with
`
`respect to example claim 59 as to the example Daimler/Mercedes Multi-Row Headlamp system
`
`having 84 separately controllable LEDs (“Multi-Row Headlamp system”). On information and
`
`belief, Daimler/Mercedes has installed these devices in its vehicles and sold the vehicles to or
`
`through dealers throughout the U.S.
`
`55.
`
`The preamble of Claim 59 refers to “A vehicle headlight system. . . .”
`
`Daimler/Mercedes vehicles equipped with the Multi-Row Headlamp system include a vehicle
`
`headlight system. This is evidenced, for example, by the sources attached as Exhibits M1-M6.
`
`56.
`
`Claim 59 then requires “one or more headlamps affixed to a first vehicle, each
`
`headlamp including at least three directional light sources having different aimings relative to the
`
`first vehicle. . . .” On information and belief, the Multi-Row Headlamp system includes
`
`headlamps affixed to a vehicle with each headlamp including at least three light sources, such as
`
`three or more of the 84 LEDs, the light from which is aimed at different angles relative to the
`
`vehicle such that, for example, light sources including one or more LEDs whose lights would
`
`otherwise shine directly on an oncoming car and potentially dazzle its driver can be turned off
`
`while the rest of the LEDs continue to illuminate the surrounding areas. This is evidenced, for
`
`example by the sources attached as Exhibits M1-M6.
`
`57.
`
`Claim 59 then requires “the light sources having one or more controllable
`
`illumination characteristics. . . .” On information and belief, Multi-Row Headlamp system LED
`
`light sources can be dimmed or turned off so as to control the illumination characteristics of the
`
`13
`
`

`

`light sources. This is evidenced, for example by the sources attached as Exhibits M1-M6. More
`
`specifically for example, Exhibit M3 provides the following:
`
`[T]he next generation on the new E-Class uses a newly developed, high-resolution
`precision LED module as a grid light source, fitted with 84 high-performance LED
`chips. . . .
`
`Each one of these LEDs can be individually electronically controlled. "Gridding"
`the light in this way allows the light distribution from the right and left headlamps
`to be controlled entirely separately and adapted to the traffic conditions with a high
`level of dynamism. This enables the individual areas of the road surface to be
`illuminated in a very specific manner. . . .
`
`When the camera system recognises either oncoming traffic or road users driving
`ahead, the appropriate pixels are automatically deactivated, with the result that a
`dark tunnel is formed in the pattern of light distribution. The entire scope of light
`distribution is recalculated by the headlamp control units every 10 ms. In this way
`other road users are not dazzled but the driver can continue on his journey still using
`the high beam.
`
`
`
`58.
`
`Claim 59 then requires “one or more sensors configured to sense information, at
`
`least a portion of the sensed information indicating a second vehicle, and communicate sensor data
`
`reflecting the sensed information to at least one processor. . . .” On information and belief, the
`
`Multi-Row Headlamp system includes at least a camera sensor configured to sense information
`
`indicating a second vehicle and to communicate that information to at least one processor. This is
`
`evidenced, for example by the sources attached as Exhibits M1-M6. More specifically for
`
`example, Exhibit M3 provides the following:
`
`
`
`Each one of these LEDs can be individually electronically controlled. Gridding"
`the light in this way allows the light distribution from the right and left headlamps
`to be controlled entirely separately and adapted to the traffic conditions with a high
`level of dynamism. This enables the individual areas of the road surface to be
`illuminated in a very specific manner. . . .
`
`When the camera system recognises either oncoming traffic or road users driving
`ahead, the appropriate pixels are automatically deactivated, with the result that a
`dark tunnel is formed in the pattern of light distribution. The entire scope of light
`distribution is recalculated by the headlamp control units every 10 ms. In this way
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`other road users are not dazzled but the driver can continue on his journey still using
`the high beam.
`
`The multi- function camera placed on the wind- screen, which is also used for other
`driver assistance systems, records the surroundings and the traffic situation. The
`camera then sends this information to four electronic control units, which calculate
`the ideal light pattern 100 times per second.
`
`
`
`59.
`
`Claim 59 then requires “wherein the at least one processor is configured to: process
`
`the sensor data to identify a first subsection, of a field of view, that includes at least a portion of
`
`the second vehicle; determine light output for the headlight system that aims illumination at the
`
`first subsection, the illumination aimed at the first subsection substantially resulting in light below
`
`a first predefined illuminance in the first subsection, and that aims illumination at one or more
`
`second subsections of the field of view to either side of the first subsection, the illumination aimed
`
`at the one or more second subsections substantially resulting in light above the first predefined
`
`illuminance in the one or more second subsections; and instruct adjustment of one or more of the
`
`light sources to achieve the determined output.” On information and belief, the Multi-Row
`
`Headlamp system includes at least one processor configured to process the sensor data to identify
`
`a first subsection of a field of view that includes at least a portion of the second vehicle and to
`
`determine and instruct a light output such that illumination aimed at the first subsection results in
`
`light below a first predefined illuminance, and that aims illumination to either side of the first
`
`subsection resulting in light above the first predefined illuminance. This is evidenced, for example
`
`by the sources attached as Exhibits M1-M6. More specifically for example, Exhibit M3 provides
`
`the following:
`
`
`
`[T]he next generation on the new E-Class uses a newly developed, high-resolution
`precision LED module as a grid light source, fitted with 84 high-performance LED
`chips. . . .
`
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`Each one of these LEDs can be individually electronically controlled. "Gridding"
`the light in this way allows the light distribution from the right and left headlamps
`to be controlled entirely separately and adapted to the traffic conditions with a high
`level of dynamism. This enables the individual areas of the road surface to be
`illuminated in a very specific manner. . . .
`
`When the camera system recognises either oncoming traffic or road users driving
`ahead, the appropriate pixels are automatically deactivated, with the result that a
`dark tunnel is formed in the pattern of light distribution. The entire scope of light
`distribution is recalculated by the headlamp control units every 10 ms. In this way
`other road users are not dazzled but the driver can continue on his journey still using
`the high beam.
`
`As another example, Exhibit M2 provides and illustrates the following:
`
`[T]here is the long-range module (precision LED grid module). . . . The light
`distribution of this module is divided up into 84 separate controllable segments
`(pixels) arranged in three rows. . . .
`
`The multi- function camera . . . records the surroundings and the traffic situation.
`The camera then sends this information to four electronic control units, which
`calculate the ideal light pattern 100 times per second.
`
`
`
`
`
`
`
`
`This infringement of the ’503 patent has caused damage to Torchlight, and
`
`60.
`
`
`
`Torchlight is entitled to recover the damages sustained as a result of the infringement.
`
`
`
`61.
`
`62.
`
`VI. COUNT III – INFRINGEMENT OF THE ‘029 PATENT BY
`DAIMLER AG AND MERCEDES-BENZ USA
`
`Torchlight realleges the preceding paragraphs as though set forth fully herein.
`
`Daimler AG and Mercedes-Benz USA (collectively “Daimler/Mercedes”) have
`
`infringed one or more claims of the ‘029 patent in violation of 35 U.S.C. § 271(a) by making,
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`using, selling, and/or offering for sale in the United States, and/or importing into the United States,
`
`without authorization, certain motor vehicle illuminating devices including multiple light sources.
`
`63.
`
`Such infringement is described below based on publicly available information with
`
`respect to exemplary claim 1 as to the Mercedes Multibeam system having 84 separate controllable
`
`segments (pixels) arranged in three rows (“Mercedes Multibeam system”). On information and
`
`belief, Daimler/Mercedes has installed these devices in its vehicles and sold the vehicles to or
`
`through dealers throughout the U.S.
`
`64.
`
`The preamble of Claim 1 refers to “A system, for a motor vehicle. . . .” The
`
`Mercedes Multibeam system is a system for a motor vehicle. This is evidenced, for example by
`
`at least the source attached as Exhibits M1-M6.
`
`65.
`
`Claim 1 then requires, “a plurality of headlamps, each comprising a plurality of
`
`LED light sources. . . .” On information and belief, the Mercedes Multibeam system includes at
`
`least two headlamps, each comprising a number of LED light sources. This is evidenced, for
`
`example by at least the sources attached as Exhibit