Case 2:22-cv-00486-JRG Document 74 Filed 09/19/23 Page 1 of 30 PageID #: 918
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`
`
`
`
`NORTHSTAR SYSTEMS LLC,
`
`Case No. 2:22-cv-00486-JRG (Lead Case)
`
`Plaintiff,
`
`
`
`v.
`
`JURY TRIAL DEMANDED
`
`VOLKSWAGEN AG,
`
`Defendant.
`
`
`
`
`
`NORTHSTAR SYSTEMS LLC,
`
`Case No. 2:22-cv-00496-JRG (Member Case)
`
`Plaintiff,
`
`
`
`v.
`
`JURY TRIAL DEMANDED
`
`BAYERISCHE MOTOREN WERKE AG,
`
`Defendant.
`
`AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`
`
`
`Plaintiff NorthStar Systems LLC (“NorthStar” or “Plaintiff”) for its Complaint against
`
`Defendant Bayerische Motoren Werke AG (“BMW” or “Defendant”) alleges as follows:
`
`THE PARTIES
`
`1.
`
`NorthStar is a limited liability company organized and existing under the laws of
`
`the State of Texas, with its principal place of business located at 104 E. Houston Street, Marshall,
`
`Texas 75670.
`
`2.
`
`Upon information and belief, BMW is a German corporation with its principal place
`
`of business located at Petuelring 130, BMW Haus, Munich, 80788, Germany. Upon information
`
`
`
`1
`
`

`

`Case 2:22-cv-00486-JRG Document 74 Filed 09/19/23 Page 2 of 30 PageID #: 919
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`and belief, BMW does business in Texas and in the Eastern District of Texas, directly or through
`
`intermediaries.
`
`JURISDICTION
`
`3.
`
`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 28 U.S.C.
`
`§§ 1331 and 1338(a).
`
`4.
`
`This Court has personal jurisdiction over Defendant. Defendant regularly conducts
`
`business and has committed acts of patent infringement and/or has induced acts of patent
`
`infringement by others in this Judicial District and/or has contributed to patent infringement by
`
`others in this Judicial District, the State of Texas, and elsewhere in the United States.
`
`5.
`
`Venue is proper in this Judicial District pursuant to 28 U.S.C. § 1391 because,
`
`among other things, Defendant is not a resident in the United States, and thus may be sued in any
`
`judicial district pursuant to 28 U.S.C. § 1391(c)(3).
`
`6.
`
`Defendant is subject to this Court’s jurisdiction pursuant to due process and/or 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 business
`
`in Texas, and/or (c) engaging in persistent conduct and/or deriving substantial revenue from goods
`
`and services provided to customers in Texas.
`
`PATENTS-IN-SUIT
`
`7.
`
`On May 24, 2005, the United States Patent and Trademark Office duly and legally
`
`issued U.S. Patent No. 6,898,432 (the “’432 Patent “) entitled “Route-Based Communication
`
`Planning Architecture and Method for Wireless Communication”. A true and correct copy of the
`
`’432 Patent is available at: https://pdfpiw.uspto.gov/.piw?PageNum=0&docid=6898432.
`
`
`
`2
`
`

`

`Case 2:22-cv-00486-JRG Document 74 Filed 09/19/23 Page 3 of 30 PageID #: 920
`
`8.
`
`On September 6, 2011, the United States Patent and Trademark Office duly and
`
`legally issued U.S. Patent No. 8,014,943 (the “’943 Patent”) entitled “Method and System for
`
`Displaying Social Networking Navigation Information”. A true and correct copy of the ’943
`
`Patent is available at: https://pdfpiw.uspto.gov/.piw?PageNum=0&docid=8014943.
`
`9.
`
`On October 4, 2011, the United States Patent and Trademark Office duly and
`
`legally issued U.S. Patent No. 8,032,297 (the “’297 Patent”) entitled “Method and System for
`
`Displaying Navigation Information on an Electronic Map”. A true and correct copy of the ’297
`
`Patent is available at: https://pdfpiw.uspto.gov/.piw?PageNum=0&docid=8032297.
`
`10.
`
`On July 2, 2013, the United States Patent and Trademark Office duly and legally
`
`issued U.S. Patent No. 8,478,527 (the “’527 Patent”) entitled “Method and System for Displaying
`
`Navigation Information and Mapping Content on an Electronic Map”. A true and correct copy of
`
`the ’527 Patent is available at: https://pdfpiw.uspto.gov/.piw?PageNum=0&docid=8478527.
`
`11.
`
`On August 12, 2014, the United States Patent and Trademark Office duly and
`
`legally issued U.S. Patent No. 8,805,416 (the “’416 Patent”) entitled “Method and System for
`
`Mobile Device Selectively Reporting of GPS Position Information to Others”. A true and correct
`
`copy
`
`of
`
`the
`
`’416
`
`Patent
`
`is
`
`available
`
`at:
`
`https://pdfpiw.uspto.gov/.piw?PageNum=0&docid=8805416.
`
`12.
`
`NorthStar is the sole and exclusive owner of all right, title, and interest in the ’432
`
`Patent, the ’943 Patent, the ’297 Patent, the ’527 Patent, and the ’416 Patent (collectively, the
`
`“Patents-in-Suit”) and holds the exclusive right to take all actions necessary to enforce its rights to
`
`the Patents-in-Suit, including the filing of this patent infringement lawsuit. NorthStar also has the
`
`right to recover all damages for past, present, and future infringement of the Patents-in-Suit and to
`
`seek injunctive relief as appropriate under the law.
`
`
`
`3
`
`

`

`Case 2:22-cv-00486-JRG Document 74 Filed 09/19/23 Page 4 of 30 PageID #: 921
`
`FACTUAL ALLEGATIONS
`
`13.
`
`The ’432 Patent generally relates to selecting wireless communication options used
`
`by a mobile communications device. The technology described in the ’432 Patent was developed
`
`by inventor Xi Jiang. For example, this technology is implemented in BMW’s navigation system,
`
`including, but not limited to, the BMW iDrive infotainment system included in personal vehicles,
`
`in all trims and configurations, such as the BMW X1, BMW X3, BMW X3 M, BMW X4, BMW
`
`X4 M, BMW X5, BMW X5 M, BMW X6, BMW X6 M, BMW X7, BMW iX, BMW 2 Series,
`
`BMW 3 Series, BMW 4 Series, BMW 5 Series, BMW 7 Series, BMW 8 Series, BMW M2, BMW
`
`M3, BMW M4, BMW M5, BMW M8, BMW i4, BMW i7, BMW Z4, among other vehicles.
`
`14.
`
`The ’943 Patent, the ’527 Patent, and the ’297 Patent generally relate to displaying
`
`map objects on an electronic map. The mapping system generally performs the functions of
`
`calculating the direction, distance, and travel-time to the map object, and creating an object vector
`
`indictor that is on a map-display application. The technology described in the ’943, ’527 and the
`
`’297 Patents was developed by inventor Gabriel Jakobson. For example, this technology is
`
`implemented in BMW’s navigation system, including, but not limited to, the BMW iDrive
`
`infotainment system included in personal vehicles, in all trims and configurations, such as the
`
`BMW X1, BMW X3, BMW X3 M, BMW X4, BMW X4 M, BMW X5, BMW X5 M, BMW X6,
`
`BMW X6 M, BMW X7, BMW iX, BMW 2 Series, BMW 3 Series, BMW 4 Series, BMW 5 Series,
`
`BMW 7 Series, BMW 8 Series, BMW M2, BMW M3, BMW M4, BMW M5, BMW M8, BMW
`
`i4, BMW i7, BMW Z4, among other vehicles.
`
`15.
`
`The ’416 Patent generally discloses systems and methods by which a mobile
`
`communication device detects signal interference and communicates with a remote source. The
`
`technology described in the ’416 Patent was developed by inventor Scott Harris. For example,
`
`
`
`4
`
`

`

`Case 2:22-cv-00486-JRG Document 74 Filed 09/19/23 Page 5 of 30 PageID #: 922
`
`this technology is implemented in BMW’s navigation system, including, but not limited to, the
`
`BMW iDrive infotainment system included in personal vehicles, in all trims and configurations,
`
`such as the BMW X1, BMW X3, BMW X3 M, BMW X4, BMW X4 M, BMW X5, BMW X5 M,
`
`BMW X6, BMW X6 M, BMW X7, BMW iX, BMW 2 Series, BMW 3 Series, BMW 4 Series,
`
`BMW 5 Series, BMW 7 Series, BMW 8 Series, BMW M2, BMW M3, BMW M4, BMW M5,
`
`BMW M8, BMW i4, BMW i7, BMW Z4, among other vehicles.
`
`16.
`
`Upon information and belief, Defendants had actual knowledge of the Patents-in-
`
`Suit, at least as of December 2020, from industry publications. 1 Defendants were at least willfully
`
`blind to the Patents-in-Suit due to NorthStar’s publicized enforcement efforts.
`
`17.
`
`BMW has infringed the Patents-in-Suit and is continuing to infringe the ’943
`
`Patent, the ’527 Patent, and the ’297 Patent by making, using, selling, offering to sell, and/or
`
`importing, and by actively inducing others to make, use, sell, offer to sell, and/or importing
`
`commercial and personal vehicles, including, but not limited to, personal cars.
`
`COUNT I
`(Infringement of the ’943 Patent)
`
`18.
`
`19.
`
`Paragraphs 1 through 17 are incorporated by reference as if fully set forth herein.
`
`NorthStar has not licensed or otherwise authorized Defendant to make, use, offer
`
`for sale, sell, or import any products that embody the inventions of the ’943 Patent.
`
`20.
`
`Defendant has and continues to directly infringe the ’943 Patent, either literally or
`
`under the doctrine of equivalents, without authority and in violation of 35 U.S.C. § 271, by making,
`
`using, offering to sell, selling, and/or importing into the United States products that satisfy each
`
`and every limitation of one or more claims of the ’943 Patent. Such products include, but are not
`
`
`1
`e.g.,
`See,
`https://insight.rpxcorp.com/news/71544-northstar-systems-has-hit-four-more-
`defendants-so-far-this-summer;
`https://insight.rpxcorp.com/news/64779-location-location-
`location-northstar-systems-kicks-off-second-campaign-over-former-iv-assets.
`
`
`
`5
`
`

`

`Case 2:22-cv-00486-JRG Document 74 Filed 09/19/23 Page 6 of 30 PageID #: 923
`
`limited to, BMW’s Navigation System, including, but not limited to, the BMW iDrive infotainment
`
`system included in personal vehicles, in all trims and configurations, such as the BMW X1, BMW
`
`X3, BMW X3 M, BMW X4, BMW X4 M, BMW X5, BMW X5 M, BMW X6, BMW X6 M,
`
`BMW X7, BMW iX, BMW 2 Series, BMW 3 Series, BMW 4 Series, BMW 5 Series, BMW 7
`
`Series, BMW 8 Series, BMW M2, BMW M3, BMW M4, BMW M5, BMW M8, BMW i4, BMW
`
`i7, BMW Z4, among other vehicles.
`
`21.
`
`For example, Defendant has and continues to infringe at least claim 1 of the ’943
`
`Patent by making, using, offering to sell, selling, and/or importing into the United States products
`
`such as the vehicles equipped with the BMW navigation and infotainment system, including for
`
`example the BMW navigation and BMW iDrive system.
`
`22.
`
`For example, the BMW Navigation System performs a method of displaying object
`
`vector indictors referencing social-network map-objects on an electronic map. The BMW
`
`Navigation System performs the step of providing an electronic device with a map-display
`
`application that is coupled to a mapping service, a social network, and a display for displaying a
`
`selected area of the electronic map. The BMW Navigation System performs the step of
`
`authenticating to the social network. The BMW Navigation System performs the step of obtaining
`
`from the social network the map-objects. The BMW Navigation System performs the step of
`
`determining that coordinates of the map-objects not withing the selected area of the electronic
`
`map.
`
`
`
`6
`
`

`

`Case 2:22-cv-00486-JRG Document 74 Filed 09/19/23 Page 7 of 30 PageID #: 924
`Filed 09/19/23 Page 7 of 30 PagelD #: 924
`Case 2:22-cv-00486-JRG Document 74
`
`Displays
`
`Vehicle features and
`options
`
`4
`
`Navigation display
`Depending on the equipment: Driver Atten-
`tion Camera
`
`Tachometer 159
`
`selection lists 165
`
`Widgets 150
`Trip odometer, see Tip data 166
`
`ECO PRO displays 303
`
`Power gauge 160
`status, Driving Dynamics Control 133
`Transmission display 142
`
`Engine temperature 161
`Outside temperature 162
`Check Contral 153
`
`speed Limit Assistant 228
`
`Speed Limit Info 164
`Time 63
`
`Instrumentcluster without
`
`This chapter describes all standard, country-spe-
`cific and optional features offered with the series.
`It also describes features and functions that are
`not necessarily available in your vehicle, e.g., due
`to the selected options or country versions. This
`also applies to safety-related functions and sys-
`tems. When using these functions and systems,
`the applicable laws and regulations must be ob-
`served.
`
`Instrument cluster
`
`General information
`
`Depending on the vehicle equipment, it may be
`possible to deactivate the display change in the
`instrument cluster via iDrive.
`
`Some of the displays in the instrument cluster
`may differ from the illustrations in the Owner's
`Manual.
`
`Instrument cluster with
`enhanced features: Overview
`
`3 4
`
`enhanced features: Overview 5]
`
`9°
`
`g 7
`
`Fuel gauge 159
`Range 162
`Speedometer
`
`Central display area 149
`
`Check Control
`
`153
`
`Widgets 151
`Service notifications 163
`
`Navigation display
`
`
`
`
`
`7
`
`

`

`uation allows. As warranted, stop and use the Filed 09/19/23 Page 8 of 30 PagelD #: 925
`
`systems and devices while the vehicle is sta-
`tionary.
`
`Input and display
`
`Main menu
`
`General information
`
`The main menu is divided into two areas. The
`left area contains menu items that can be used
`to call up all the iDrive functions. The right area
`contains widgets that provide quick access to
`certain functions.
`
`iDrive
`
`Vehicle features and
`options
`
`This chapter describes all standard, country-spe-
`cific and optional features offered with the series.
`lt also describes features and functions that are
`not necessarily available in your vehicle, ¢.g., due
`to the selected options or country versions. This
`also applies to safety-related functions and sys-
`tems. When using these functions and systems,
`the applicable laws and regulations must be ob-
`served.
`
`Operating concept
`
`Principle
`iDrive is the operating concept of the infotain-
`ment system and includes a large number of
`functions.
`
`General information
`
`These functions can be operated as follows:
`
`> Via the Conitraller.
`
`> Via the touchscreen.
`
`> Via the BMW Intelligent Personal Assistant.
`
`> Depending on the equipment: with the ges-
`ture control.
`
`Safety information
`
`AN Warming
`Operating the integrated information systems
`and communication devices while driving can
`distract from traffic. lt is possible to lose control
`of the vehicle. There is a risk of accident. Only
`use the systems or devices when the traffic sit-
`
`Case 2:22-cv-00486-JRG Document 74 Filed 09/19/23 Page 8 of 30 PageID #: 925
`Case 2:22-cv-00486-JRG Document 74
`
`Media/Radio
`J All functions of the entertainment system,
`€.g.,
`radio stations or connection with external
`devices.
`
`Communication
`
`[LS Phone and message functions, e-mail and
`calendar, and also the connection and manage-
`ment of mobile devices, such as smartphones.
`
`Navigation
`4) Access to the navigation system, destination
`input and traffic bulletins. Configurable map
`views and other functions, such as points of in-
`terest and areas to be avoided.
`
`2
`
`
`
`
`
`8
`
`

`

`Case 2:22-cv-00486-JRG Document 74 Filed 09/19/23 Page 9 of 30 PageID #: 926
`
`23.
`
`The BMW Navigation System performs the step of computing distance and travel
`
`related information (e.g., arrival time) from a location within the selected area of the electronic
`
`map to the map-objects.
`
`3
`
`
`3 https://bimmeramerica.com/coding/bmw-navigation-map-update.
`
`
`
`9
`
`

`

`Case 2:22-cv-00486-JRG Document 74 Filed 09/19/23 Page 10 of 30 PageID #: 927
`
`4
`
`24.
`
`The BMW Navigation System performs the step of computing a placement position
`
`of an object vector indicator referencing the map-objects on the map display application. The
`
`BMW Navigation System performs the step of creating the object vector indicators containing
`
`distance and travel-related information. The BMW Navigation System performs the step of
`
`displaying the object vector indicators on the display at the computed placement position. The
`
`BMW Navigation System performs the step of receiving a user input selecting the object vector
`
`indicator. The BMW Navigation System performs the step of displaying a secondary area of the
`
`electronic map, wherein the secondary area is a region of the electronic map centered
`
`approximately around the map-object. The BMW Navigation System performs the step of
`
`displaying the map objects approximately at the center of the secondary area.
`
`25.
`
`Defendant has and continues to indirectly infringe one or more claims of the ’943
`
`Patent by knowingly and intentionally inducing others, including BMW customers and end-users,
`
`
`4 https://www.autoblog.com/2012/07/11/bmw-adds-idrive-touch-and-3d-maps-to-latest-
`generation-
`infotainm/?guccounter=1&guce_referrer=aHR0cHM6Ly93d3cuZ29vZ2xlLmNvbS8&guce_refe
`rrer_sig=AQAAAA15pupDNqpz4sOYj-
`irRKcVYwZ4FkEe0oyP6a_8ITfBHPiHcgEFR30pq40PZ9u3scHguJZYdXoFFuj-
`BuLvwmZzedlU2vqYqErILfOAtp--RxmPFIi1rZkhQq0XrPE-
`tfJ2GUz3hUEHvEQ0PtB4KB9HVpkCzaWFf9f5t8krt1Po.
`
`
`
`10
`
`

`

`Case 2:22-cv-00486-JRG Document 74 Filed 09/19/23 Page 11 of 30 PageID #: 928
`
`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 products that include infringing technology.
`
`26.
`
` Upon information and belief, BMW employees regularly travel to the United States
`
`to test and/or troubleshoot the Accused Products, thereby performing the method of at least Claim
`
`1 of the ’943 Patent and directly infringing the ’943 Patent.
`
`27.
`
`Defendant, with knowledge that these products, or the use thereof, infringe the ’943
`
`Patent at least as of the date of this Complaint, knowingly and intentionally induced, and continues
`
`to knowingly and intentionally induce, direct infringement of the ’943 Patent by providing these
`
`products to end-users for use in an infringing manner.
`
`28.
`
`Defendant has and continues to induce 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 ’943 Patent, but while
`
`remaining willfully blind to the infringement. Defendant has and continues to induce infringement
`
`by its customers and end-users by supplying them with instructions on how to operate the Accused
`
`Products in an infringing manner, while also making publicly available information on the
`
`Accused Products via Defendant’s website and other publications, including User Manuals and
`
`other instructive materials.
`
`29.
`
`NorthStar has suffered damages as a result of Defendant’s direct and indirect
`
`infringement of the ’943 Patent in an amount to be proved at trial.
`
`30.
`
`NorthStar has suffered, and will continue to suffer, irreparable harm as a result of
`
`Defendant’s infringement of the ’943 Patent, for which there is no adequate remedy at law, unless
`
`Defendant’s infringement is enjoined by this Court.
`
`COUNT II
`(Infringement of the ’297 Patent)
`
`
`
`11
`
`

`

`Case 2:22-cv-00486-JRG Document 74 Filed 09/19/23 Page 12 of 30 PageID #: 929
`
`31.
`
`32.
`
`Paragraphs 1 through 17 are incorporated by reference as if fully set forth herein.
`
`NorthStar has not licensed or otherwise authorized Defendant to make, use, offer
`
`for sale, sell, or import any products that embody the inventions of the ’297 Patent.
`
`33.
`
`Defendant has and continues to infringe the ’297 Patent, either literally or under the
`
`doctrine of equivalents, without authority and in violation of 35 U.S.C. § 271, by making, using,
`
`offering to sell, selling, and/or importing into the United States products that satisfy each and every
`
`limitation of one or more claims of the ’297 Patent. Such products include, but are not limited to,
`
`BMW’s Navigation System, including, but not limited to, the BMW iDrive infotainment system
`
`included in personal vehicles, in all trims and configurations, such as the BMW X1, BMW X3,
`
`BMW X3 M, BMW X4, BMW X4 M, BMW X5, BMW X5 M, BMW X6, BMW X6 M, BMW
`
`X7, BMW iX, BMW 2 Series, BMW 3 Series, BMW 4 Series, BMW 5 Series, BMW 7 Series,
`
`BMW 8 Series, BMW M2, BMW M3, BMW M4, BMW M5, BMW M8, BMW i4, BMW i7,
`
`BMW Z4, among other vehicles.
`
`34.
`
`For example, Defendant has and continues to directly infringe at least claim 1 of
`
`the ’297 Patent by making, using, offering to sell, selling, and/or importing into the United States
`
`products such as the vehicles equipped with the BMW navigation and infotainment system,
`
`including for example the BMW navigation and iDrive system.
`
`35.
`
` For example, the BMW Navigation System performs a method for displaying
`
`object vector indicators referencing map objects on an electronic map. The BMW Navigation
`
`System performs the step of providing an electronic device having a map-display application that
`
`is coupled to a mapping service and a display for displaying a selected area of an electronic map.
`
`
`
`12
`
`

`

`Case 2:22-cv-00486-JRG Document 74 Filed 09/19/23 Page 13 of 30 PageID #: 930
`Case 2:22-cv-00486-JRG Document 74 Filed 09/19/23 Page 13 of 30 PagelD #: 930
`
`Displays
`
`Vehicle features and
`options
`
`4
`
`Navigation display
`Depending on the equipment: Driver Atten-
`tion Camera
`
`This chapter describes all standard, country-spe-
`cific and optional features offered with the series.
`It also describes features and functions that are
`not necessarily available in your vehicle, e.g., due
`to the selected options or country versions. This
`also applies to safety-related functions and sys-
`tems. When using these functions and systems,
`the applicable laws and regulations must be ob-
`served.
`
`Instrument cluster
`
`General information
`
`Depending on the vehicle equipment, it may be
`possible to deactivate the display change in the
`instrument cluster via iDrive.
`
`Some of the displays in the instrument cluster
`may differ from the illustrations in the Owner's
`Manual.
`
`Instrument cluster with
`enhanced features: Overview
`
`3 4
`
`Tachometer 159
`
`selection lists 165
`
`Widgets 150
`Trip odometer, see Tip data 166
`
`ECO PRO displays 303
`
`Power gauge 160
`status, Driving Dynamics Control 133
`Transmission display 142
`
`Engine temperature 161
`Outside temperature 162
`Check Contral 153
`
`speed Limit Assistant 228
`
`Speed Limit Info 164
`Time 63
`
`Instrumentcluster without
`
`5]
`
`enhanced features: Overview
`
`9°
`
`g 7
`
`Fuel gauge 159
`Range 162
`Speedometer
`
`Central display area 149
`
`Check Control
`
`153
`
`Widgets 151
`Service notifications 163
`
`Navigation display
`
`
`
`
`
`13
`13
`
`

`

`Case 2:22-cv-00486-JRG Document 74 Filed 09/19/23 Page 14 of 30 PageID #: 931
`Case 2:22-cv-00486-JRG Document 74 Filed 09/19/23 Page 14 of 30 PagelD #: 931
`
`iDrive
`
`Vehicle features and
`options
`
`tionary.
`
`uation allows. As warranted, stop and use the systems and devices while the vehicle is sta-
`
`This chapter describes all standard, country-spe-
`cific and optional features offered with the series.
`lt also describes features and functions that are
`not necessarily available in your vehicle, ¢.g., due
`to the selected options or country versions. This
`also applies to safety-related functions and sys-
`tems. When using these functions and systems,
`the applicable laws and regulations must be ob-
`served.
`
`Operating concept
`
`Principle
`iDrive is the operating concept of the infotain-
`ment system and includes a large number of
`functions.
`
`General information
`
`These functions can be operated as follows:
`
`> Via the Conitraller.
`
`> Via the touchscreen.
`
`> Via the BMW Intelligent Personal Assistant.
`
`> Depending on the equipment: with the ges-
`ture control.
`
`Safety information
`
`AN Warming
`Operating the integrated information systems
`and communication devices while driving can
`distract from traffic. lt is possible to lose control
`of the vehicle. There is a risk of accident. Only
`use the systems or devices when the traffic sit-
`
`Input and display
`
`Main menu
`
`General information
`
`The main menu is divided into two areas. The
`left area contains menu items that can be used
`to call up all the iDrive functions. The right area
`contains widgets that provide quick access to
`certain functions.
`
`Media/Radio
`J All functions of the entertainment system,
`€.g.,
`radio stations or connection with external
`devices.
`
`Communication
`
`[LS Phone and message functions, e-mail and
`calendar, and also the connection and manage-
`ment of mobile devices, such as smartphones.
`
`Navigation
`4) Access to the navigation system, destination
`input and traffic bulletins. Configurable map
`views and other functions, such as points of in-
`terest and areas to be avoided.
`
`5
`
`
`
`14
`14
`
`

`

`Case 2:22-cv-00486-JRG Document 74 Filed 09/19/23 Page 15 of 30 PageID #: 932
`
`6
`
`36.
`
`The BMW Navigation System performs the step of determining that coordinates of
`
`the map object are not in the selected area of the electronic map. The BMW Navigation System
`
`performs the step of computing distance and travel-related information (e.g., arrival time) from a
`
`location within the selected area of the electronic map to the map-object. The BMW Navigation
`
`System performs the step of computing a placement position of an object vector indicator
`
`referencing the map-object on the map-display application. The BMW Navigation System
`
`performs the step of creating the object vector indicator containing the distance and travel-related
`
`information. The BMW Navigation System performs the step of displaying the object vector
`
`indicator on the display at the computed placement position.
`
`
`5 The 2022 BMW 3 Series Owner’s Manual is available at: https://ownersmanuals2.com/bmw-
`auto/3-series-2022-owners-manual-83667.
`6 https://bimmeramerica.com/coding/bmw-navigation-map-update.
`
`
`
`15
`
`

`

`Case 2:22-cv-00486-JRG Document 74 Filed 09/19/23 Page 16 of 30 PageID #: 933
`
`7
`
`37.
`
`The BMW Navigation System performs the step of receiving user input selecting
`
`the object vector indicator. The BMW Navigation System performs the step of displaying a
`
`secondary area of the electronic map, wherein the secondary area is a region of the electronic map
`
`centered approximately around the map-object. The BMW Navigation System performs the step
`
`of displaying the map-object approximately at the center of the secondary area.
`
`38.
`
`Upon information and belief, BMW employees regularly travel to the United States
`
`to test and/or troubleshoot the Accused Products, thereby performing the method of at least Claim
`
`1 of the ’297 Patent and directly infringing the ’297 Patent.
`
`39.
`
`Defendant has and continues to indirectly infringe one or more claims of the ’297
`
`Patent by knowingly and intentionally inducing others, including BMW customers and end-users,
`
`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 products that include infringing technology.
`
`
`7 https://www.autoblog.com/2012/07/11/bmw-adds-idrive-touch-and-3d-maps-to-latest-
`generation-
`infotainm/?guccounter=1&guce_referrer=aHR0cHM6Ly93d3cuZ29vZ2xlLmNvbS8&guce_refe
`rrer_sig=AQAAAA15pupDNqpz4sOYj-
`irRKcVYwZ4FkEe0oyP6a_8ITfBHPiHcgEFR30pq40PZ9u3scHguJZYdXoFFuj-
`BuLvwmZzedlU2vqYqErILfOAtp--RxmPFIi1rZkhQq0XrPE-
`tfJ2GUz3hUEHvEQ0PtB4KB9HVpkCzaWFf9f5t8krt1Po.
`
`
`
`16
`
`

`

`Case 2:22-cv-00486-JRG Document 74 Filed 09/19/23 Page 17 of 30 PageID #: 934
`
`40.
`
`Defendant, with knowledge that these products, or the use thereof, infringe the ’297
`
`Patent at least as of the date of this Complaint, knowingly and intentionally induced, and continues
`
`to knowingly and intentionally induce, direct infringement of the ’297 Patent by providing these
`
`products to end-users for use in an infringing manner.
`
`41.
`
`Defendant has and continues to induce 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 ’297 Patent, but while
`
`remaining willfully blind to the infringement. Defendant has and continues to induce infringement
`
`by its customers and end-users by supplying them with instructions on how to operate the Accused
`
`Products in an infringing manner, while also making publicly available information on the
`
`Accused Products via Defendant’s website and other publications, including User Manuals and
`
`other instructive materials.
`
`42.
`
`NorthStar has suffered damages as a result of Defendant’s direct and indirect
`
`infringement of the ’297 Patent in an amount to be proved at trial.
`
`43.
`
`NorthStar has suffered, and will continue to suffer, irreparable harm as a result of
`
`Defendant’s infringement of the ’297 Patent, for which there is no adequate remedy at law, unless
`
`Defendant’s infringement is enjoined by this Court.
`
`COUNT III
`(Infringement of the ’527 Patent)
`
`44.
`
`45.
`
`Paragraphs 1 through 17 are incorporated by reference as if fully set forth herein.
`
`NorthStar has not licensed or otherwise authorized Defendant to make, use, offer
`
`for sale, sell, or import any products that embody the inventions of the ’527 Patent.
`
`46.
`
`Defendant has and continues to infringe the ’527 Patent, either literally or under the
`
`doctrine of equivalents, without authority and in violation of 35 U.S.C. § 271, by making, using,
`
`
`
`17
`
`

`

`Case 2:22-cv-00486-JRG Document 74 Filed 09/19/23 Page 18 of 30 PageID #: 935
`
`offering to sell, selling, and/or importing into the United States products that satisfy each and every
`
`limitation of one or more claims of the ’527 Patent. Such products include, but are not limited to,
`
`BMW’s Navigation System, including, but not limited to, the BMW iDrive infotainment system
`
`included in personal vehicles, in all trims and configurations, such as the BMW X1, BMW X3,
`
`BMW X3 M, BMW X4, BMW X4 M, BMW X5, BMW X5 M, BMW X6, BMW X6 M, BMW
`
`X7, BMW iX, BMW 2 Series, BMW 3 Series, BMW 4 Series, BMW 5 Series, BMW 7 Series,
`
`BMW 8 Series, BMW M2, BMW M3, BMW M4, BMW M5, BMW M8, BMW i4, BMW i7,
`
`BMW Z4, among other vehicles.
`
`47.
`
`For example, Defendant has and continues to directly infringe at least claim 1 of
`
`the ’527 Patent by making, using, offering to sell, selling, and/or importing into the United States
`
`products such as the vehicles equipped with the BMW navigation and infotainment system,
`
`including for example the BMW navigation and iDrive system.
`
`48.
`
`For example, the BMW Navigation System performs a method for displaying
`
`object vector indictors and mapping-media content, referencing map-objects on an electronic map.
`
`The BMW Navigation System performs the step of obtaining a map-object from a mapping
`
`service.
`
`
`
`18
`
`

`

`Case 2:22-cv-00486-JRG Document 74 Filed 09/19/23 Page 19 of 30 PageID #: 936
`Case 2:22-cv-00486-JRG Document 74 Filed 09/19/23 Page 19 of 30 PagelD #: 936
`
`Displays
`
`Vehicle features and
`options
`
`4
`
`Navigation display
`Depending on the equipment: Driver Atten-
`tion Camera
`
`This chapter describes all standard, country-spe-
`cific and optional features offered with the series.
`It also describes features and functions that are
`not necessarily available in your vehicle, e.g., due
`to the selected options or country versions. This
`also applies to safety-related functions and sys-
`tems. When using these functions and systems,
`the applicable laws and regulations must be ob-
`served.
`
`Instrument cluster
`
`General information
`
`Depending on the vehicle equipment, it may be
`possible to deactivate the display change in the
`instrument cluster via iDrive.
`
`Some of the displays in the instrument cluster
`may differ from the illustrations in the Owner's
`Manual.
`
`Instrument cluster with
`enhanced features: Overview
`
`3 4
`
`Tachometer 159
`
`selection lists 165
`
`Widgets 150
`Trip odometer, see Tip data 166
`
`ECO PRO displays 303
`
`Power gauge 160
`status, Driving Dynamics Control 133
`Transmission display 142
`
`Engine temperature 161
`Outside temperature 162
`Check Contral 153
`
`speed Limit Assistant 228
`
`Speed Limit Info 164
`Time 63
`
`Instrumentcluster without
`
`5]
`
`enhanced features: Overview
`
`9°
`
`g 7
`
`Fuel gauge 159
`Range 162
`Speedometer
`
`Central display area 149
`
`Check Control
`
`153
`
`Widgets 151
`Service notifications 163
`
`Navigation display
`
`
`
`
`
`19
`19
`
`

`

`Case 2:22-cv-00486-JRG Document 74 Filed 09/19/23 Page 20 of 30 PageID #: 937
`Case 2:22-cv-00486-JRG Document 74 Filed 09/19/23 Page 20 of 30 PagelD #: 937
`
`iDrive
`
`Vehicle features and
`options
`
`tionary.
`
`uation allows. As warranted, stop and use the systems and devices while the vehicle is sta-
`
`This chapter describes all standard, country-spe-
`cific and optional features offered with the series.
`It also descnbes features and functions that are
`not necessarily available in your vehicle, ¢.g., due
`to the selected options or country versions. This
`also applies to safety-related functions and sys-
`tems. When using these functions and systems,
`the applicable laws and regulations must be ob-
`served.
`
`Operating concept
`
`Principle
`iDrive is the operating concept of the infotain-
`ment system and includes