Case 6:12-cv-00405-JDL Document 36 Filed 01/18/13 Page 1 of 15 PageID #: 867
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TYLER DIVISION
`
`
`
`Civil Action No.:
`6:12-cv-00405-MHS-JDL (Consolidated)
`
`6:12-cv-00404-MHS-JDL (Lead)
`
`
`
`JURY TRIAL
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`AMERICAN VEHICULAR SCIENCES
`LLC
`
`
`TOYOTA MOTOR CORPORATION,
`TOYOTA MOTOR SALES, U.S.A., INC.,
`AND GULF STATES TOYOTA, INC.
`
`
`
`Defendants.
`
`
`
`
`
`Plaintiff,
`
`v.
`
`
`
`
`
`PLAINTIFF’S FIRST AMENDED COMPLAINT
`
`Plaintiff American Vehicular Sciences LLC (“AVS”) files this Original Complaint for
`
`patent infringement against Defendants Toyota Motor Corporation, Toyota Motor Sales, U.S.A.,
`
`Inc., and Gulf States Toyota, Inc. (collectively “Toyota”).
`
`PARTIES
`
`Plaintiff AVS is a limited liability company existing under the laws of Texas with
`
`1.
`
`its principal place of business at 6136 Frisco Square Blvd., Suite 385, Frisco, Texas 75034.
`
`2.
`
`Defendant Toyota Motor Corporation is a corporation existing under the laws of
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`Japan with its principal place of business at 1 Toyota-cha, Toyota City, Aichi Prefecture 471-
`
`8571, Japan.
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`
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`1
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`

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`Case 6:12-cv-00405-JDL Document 36 Filed 01/18/13 Page 2 of 15 PageID #: 868
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`3.
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`Defendant Toyota Motor Sales U.S.A., Inc. is a California corporation with its
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`principal place of business at 19001 S. Western Avenue, Torrance, CA 90501.
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`4.
`
`Defendant Gulf States Toyota, Inc. is a Texas corporation with its principal place
`
`of business at 1375 Enclave Parkway, Houston, Texas 77077.
`
`JURISDICTION AND VENUE
`
`5.
`
`This is an action for patent infringement under the Patent Laws of the United
`
`States, 35 U.S.C. § 271.
`
`6.
`
`This court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331 and
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`1338(a).
`
`7.
`
`Venue is proper in this judicial district under 28 U.S.C. §§ 1391(b) and 1400 (b).
`
`SUMMARY
`
`8.
`
`Dr. David Breed is one of the leading inventors in the field of automotive
`
`technology in the world today.
`
`9.
`
`Dr. Breed is an inventor on more than 300 United States patents relating to
`
`automotive technologies, including airbags, navigation systems, vehicle diagnostics, crash
`
`sensors, vehicle communications, systems monitoring, theft protection, and collision avoidance.
`
`10.
`
`Dr. Breed has a Ph.D in Mechanical Engineering from Columbia University as
`
`well as Bachelors’ and Masters’ degrees from the Massachusetts Institute of Technology.
`
`11.
`
`Dr. Breed has received the National Highway Traffic Safety Administration's
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`Award for Safety Engineering and the prestigious H.H. Bliss award for his contributions to the
`
`development of the airbag.
`
`12.
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`Dr. Breed is a member of the Tau Beta Pi and Pi Tau Sigma engineering honors
`
`societies and has published numerous peer-reviewed articles.
`
`
`
`2
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`

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`Case 6:12-cv-00405-JDL Document 36 Filed 01/18/13 Page 3 of 15 PageID #: 869
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`COUNT I: INFRINGEMENT OF U.S. PATENT NO. 6,738,697
`
`AVS incorporates the foregoing paragraphs as if fully set forth here.
`
`On May 18, 2004, the USPTO duly and legally issued United States Patent No.
`
`13.
`
`14.
`
`6,738,697 B2 (“the ‘697 Patent”), entitled “Telematics System For Vehicle Diagnostics.” AVS
`
`owns the ‘697 Patent and holds the right to sue and recover damages for infringement thereof. A
`
`true and correct copy of the ‘697 Patent is attached as Exhibit A.
`
`15.
`
`On information and belief, Toyota has been and now is directly infringing, and/or
`
`inducing infringement by others, and/or contributing to the infringement by others of the ‘697
`
`Patent in the state of Texas, in this judicial district, and elsewhere within the United States by,
`
`among other things, making, using, offering for sale, selling, or importing vehicles, including but
`
`not limited to various model years of Lexus’ IS, ES, GS, LS, IS C, RX, GX, LX, IS F, LFA,
`
`CTh, RXh, GSh, LSh, and HS products and Toyota’s Land Cruiser, 4Runner, Camry, Sienna,
`
`and Prius products, that include automatic crash notification systems and other similar
`
`monitoring, reporting, and/or control systems, including but not limited to the Safety Connect
`
`systems, and/or that include vehicle diagnostic systems, including but not limited to the Lexus
`
`Enform system and other similar systems,, that infringe or the use of which infringe one or more
`
`claims of the ‘697 Patent, all to the injury of AVS. Toyota is thus liable for infringement of the
`
`‘697 Patent pursuant to 35 U.S.C. § 271.
`
`16.
`
`As a result of Toyota’s infringement of the ‘697 Patent, Toyota has damaged
`
`AVS. Toyota is liable to AVS in an amount to be determined at trial that adequately
`
`compensates AVS for the infringement, which by law can be no less than a reasonable royalty.
`
`
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`3
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`

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`Case 6:12-cv-00405-JDL Document 36 Filed 01/18/13 Page 4 of 15 PageID #: 870
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`17.
`
`AVS intends to seek discovery on the issue of willfulness and reserves the right to
`
`seek a willfulness finding relative to pre-suit infringement and/or post-suit infringement of the
`
`‘697 Patent.
`
`18.
`
`As a result of Toyota’s infringement of the ‘697 Patent, AVS has suffered and
`
`will continue to suffer loss and injury unless Toyota is enjoined by this Court.
`
`19.
`
`At least as early as its receipt of this Complaint, Toyota has had knowledge of the
`
`‘697 Patent and written notice of the infringement.
`
`COUNT II: INFRINGEMENT OF U.S. PATENT NO. 6,823,244
`
`AVS incorporates the foregoing paragraphs as if fully set forth here.
`
`On November 23, 2004, the USPTO duly and legally issued United States Patent
`
`20.
`
`21.
`
`No. 6,823,244 B2 (“the ‘244 Patent”), entitled “Vehicle Part Control System Including
`
`Electronic Sensors.” AVS owns the ‘244 Patent and holds the right to sue and recover damages
`
`for infringement thereof. A true and correct copy of the ‘244 Patent is attached as Exhibit B.
`
`22.
`
`On information and belief, Toyota has been and now is directly infringing, and/or
`
`inducing infringement by others, and/or contributing to the infringement by others of the ‘244
`
`Patent in the state of Texas, in this judicial district, and elsewhere within the United States by,
`
`among other things, making, using, offering for sale, selling, or importing vehicles, including but
`
`not limited to various model years of Lexus’ IS, ES, GS, LS, IS C, RX, GX, LX, IS F, LFA,
`
`CTh, RXh, GSh, LSh, and HS products and Toyota’s Land Cruiser, 4Runner, Camry, Sienna,
`
`and Prius products, that include automatic crash notification systems and other similar
`
`monitoring, reporting, and/or control systems, including but not limited to the Safety Connect
`
`systems, and/or that include vehicle diagnostic systems, including but not limited to the Lexus
`
`Enform system and other similar systems, and/or that include monitoring and/or control systems
`
`
`
`4
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`

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`Case 6:12-cv-00405-JDL Document 36 Filed 01/18/13 Page 5 of 15 PageID #: 871
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`related to pre-collision (or crash), including but not limited to Pre-Collision (or Crash),
`
`Advanced Pre-Collision (or Crash), Lane Departure (Keep), Lane Keep Assist, Blind Spot, and
`
`Night View systems/functionalities, that infringe or the use of which infringe one or more claims
`
`of the ‘244 Patent, all to the injury of AVS. Toyota is thus liable for infringement of the ‘244
`
`Patent pursuant to 35 U.S.C. § 271.
`
`23.
`
`As a result of Toyota’s infringement of the ‘244 Patent, Toyota has damaged
`
`AVS. Toyota is liable to AVS in an amount to be determined at trial that adequately
`
`compensates AVS for the infringement, which by law can be no less than a reasonable royalty.
`
`24.
`
`AVS intends to seek discovery on the issue of willfulness and reserves the right to
`
`seek a willfulness finding relative to pre-suit infringement and/or post-suit infringement of the
`
`‘244 Patent.
`
`25.
`
`As a result of Toyota’s infringement of the ‘244 Patent, AVS has suffered and
`
`will continue to suffer loss and injury unless Toyota is enjoined by this Court.
`
`26.
`
`At least as early as its receipt of this Complaint, Toyota has had knowledge of the
`
`‘244 Patent and written notice of the infringement.
`
`COUNT III: INFRINGEMENT OF U.S. PATENT NO. 7,082,359
`
`AVS incorporates the foregoing paragraphs as if fully set forth here.
`
`On July 25, 2006, the USPTO duly and legally issued United States Patent No.
`
`27.
`
`28.
`
`7,082,359 B2 (“the ‘359 Patent”), entitled “Vehicular Information And Monitoring System And
`
`Methods.” AVS owns the ‘359 Patent and holds the right to sue and recover damages for
`
`infringement thereof. A true and correct copy of the ‘359 Patent is attached as Exhibit C.
`
`29.
`
`On information and belief, Toyota has been and now is directly infringing, and/or
`
`inducing infringement by others, and/or contributing to the infringement by others of the ‘359
`
`
`
`5
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`

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`Case 6:12-cv-00405-JDL Document 36 Filed 01/18/13 Page 6 of 15 PageID #: 872
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`Patent in the state of Texas, in this judicial district, and elsewhere within the United States by,
`
`among other things, making, using, offering for sale, selling, or importing vehicles, including but
`
`not limited to various model years of IS, ES, GS, LS, IS C, RX, GX, LX, IS F, LF A, CTh, RXh,
`
`GSh, LSh, and HS product, that include vehicle diagnostic systems, including but not limited to
`
`the Lexus Enform system and other similar systems, that infringe or the use of which infringe
`
`one or more claims of the ‘359 Patent, all to the injury of AVS. Toyota is thus liable for
`
`infringement of the ‘359 Patent pursuant to 35 U.S.C. § 271.
`
`30.
`
`As a result of Toyota’s infringement of the ‘359 Patent, Toyota has damaged
`
`AVS. Toyota is liable to AVS in an amount to be determined at trial that adequately
`
`compensates AVS for the infringement, which by law can be no less than a reasonable royalty.
`
`31.
`
`AVS intends to seek discovery on the issue of willfulness and reserves the right to
`
`seek a willfulness finding relative to pre-suit infringement and/or post-suit infringement of the
`
`‘359 Patent.
`
`32.
`
`As a result of Toyota’s infringement of the ‘359 Patent, AVS has suffered and
`
`will continue to suffer loss and injury unless Toyota is enjoined by this Court.
`
`33.
`
`At least as early as its receipt of this Complaint, Toyota has had knowledge of the
`
`‘359 Patent and written notice of the infringement.
`
`COUNT IV: INFRINGEMENT OF U.S. PATENT NO. 7,630,802
`
`AVS incorporates the foregoing paragraphs as if fully set forth here.
`
`On December 8, 2009, the USPTO duly and legally issued United States Patent
`
`34.
`
`35.
`
`No. 7,630,802 B2 (“the ‘802 Patent”), entitled “Information Management And Monitoring
`
`System And Method.” AVS owns the ‘802 Patent and holds the right to sue and recover
`
`
`
`6
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`

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`Case 6:12-cv-00405-JDL Document 36 Filed 01/18/13 Page 7 of 15 PageID #: 873
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`damages for infringement thereof. A true and correct copy of the ‘802 Patent is attached as
`
`Exhibit D.
`
`36.
`
`On information and belief, Toyota has been and now is directly infringing, and/or
`
`inducing infringement by others, and/or contributing to the infringement by others of the ‘802
`
`Patent in the state of Texas, in this judicial district, and elsewhere within the United States by,
`
`among other things, making, using, offering for sale, selling, or importing vehicles, including but
`
`not limited to various model years of IS, ES, GS, LS, IS C, RX, GX, LX, IS F, LF A, CTh, RXh,
`
`GSh, LSh, and HS product, that include vehicle diagnostic systems, including but not limited to
`
`the Lexus Enform system and other similar systems, that infringe or the use of which infringe
`
`one or more claims of the ‘802 Patent, all to the injury of AVS. Toyota is thus liable for
`
`infringement of the ‘802 Patent pursuant to 35 U.S.C. § 271.
`
`37.
`
`As a result of Toyota’s infringement of the ‘802 Patent, Toyota has damaged
`
`AVS. Toyota is liable to AVS in an amount to be determined at trial that adequately
`
`compensates AVS for the infringement, which by law can be no less than a reasonable royalty.
`
`38.
`
`AVS intends to seek discovery on the issue of willfulness and reserves the right to
`
`seek a willfulness finding relative to pre-suit infringement and/or post-suit infringement of the
`
`‘802 Patent.
`
`39.
`
`As a result of Toyota’s infringement of the ‘802 Patent, AVS has suffered and
`
`will continue to suffer loss and injury unless Toyota is enjoined by this Court.
`
`40.
`
`At least as early as its receipt of this Complaint, Toyota has had knowledge of the
`
`‘802 Patent and written notice of the infringement.
`
`COUNT V: INFRINGEMENT OF U.S. PATENT NO. 7,650,210
`
`41.
`
`AVS incorporates the foregoing paragraphs as if fully set forth here.
`
`
`
`7
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`

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`Case 6:12-cv-00405-JDL Document 36 Filed 01/18/13 Page 8 of 15 PageID #: 874
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`42.
`
`On January 19, 2010, the USPTO duly and legally issued United States Patent No.
`
`7,650,210 B2 (“the ‘210 Patent”), entitled “Remote Vehicle Diagnostic Management.” AVS
`
`owns the ‘210 Patent and holds the right to sue and recover damages for infringement thereof. A
`
`true and correct copy of the ‘210 Patent is attached as Exhibit E.
`
`43.
`
`On information and belief, Toyota has been and now is directly infringing, and/or
`
`inducing infringement by others, and/or contributing to the infringement by others of the ‘210
`
`Patent in the state of Texas, in this judicial district, and elsewhere within the United States by,
`
`among other things, making, using, offering for sale, selling, or importing vehicles, including but
`
`not limited to various model years of IS, ES, GS, LS, IS C, RX, GX, LX, IS F, LF A, CTh, RXh,
`
`GSh, LSh, and HS product, that include vehicle diagnostic systems, including but not limited to
`
`the Lexus Enform system and other similar systems, that infringe or the use of which infringe
`
`one or more claims of the ‘210 Patent, all to the injury of AVS. Toyota is thus liable for
`
`infringement of the ‘210 Patent pursuant to 35 U.S.C. § 271.
`
`44.
`
`As a result of Toyota’s infringement of the ‘210 Patent, Toyota has damaged
`
`AVS. Toyota is liable to AVS in an amount to be determined at trial that adequately
`
`compensates AVS for the infringement, which by law can be no less than a reasonable royalty.
`
`45.
`
`AVS intends to seek discovery on the issue of willfulness and reserves the right to
`
`seek a willfulness finding relative to pre-suit infringement and/or post-suit infringement of the
`
`‘210 Patent.
`
`46.
`
`As a result of Toyota’s infringement of the ‘210 Patent, AVS has suffered and
`
`will continue to suffer loss and injury unless Toyota is enjoined by this Court.
`
`47.
`
`At least as early as its receipt of this Complaint, Toyota has had knowledge of the
`
`‘210 Patent and written notice of the infringement.
`
`
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`8
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`Case 6:12-cv-00405-JDL Document 36 Filed 01/18/13 Page 9 of 15 PageID #: 875
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`COUNT VI: INFRINGEMENT OF U.S. PATENT NO. 8,019,501
`
`AVS incorporates the foregoing paragraphs as if fully set forth here.
`
`On September 13, 2011, the USPTO duly and legally issued United States Patent
`
`48.
`
`49.
`
`No. 8,019,501 B2 (“the ‘501 Patent”), entitled “Vehicle Diagnostic And Prognostic Methods
`
`And Systems.” AVS owns the ‘501 Patent and holds the right to sue and recover damages for
`
`infringement thereof. A true and correct copy of the ‘501 Patent is attached as Exhibit F.
`
`50.
`
`On information and belief, Toyota has been and now is directly infringing, and/or
`
`inducing infringement by others, and/or contributing to the infringement by others of the ‘501
`
`Patent in the state of Texas, in this judicial district, and elsewhere within the United States by,
`
`among other things, making, using, offering for sale, selling, or importing vehicles, including but
`
`not limited to various model years of IS, ES, GS, LS, IS C, RX, GX, LX, IS F, LF A, CTh, RXh,
`
`GSh, LSh, and HS product, that include vehicle diagnostic systems, including but not limited to
`
`the Lexus Enform system and other similar systems, that infringe or the use of which infringe
`
`one or more claims of the ‘501 Patent, all to the injury of AVS. Toyota is thus liable for
`
`infringement of the ‘501 Patent pursuant to 35 U.S.C. § 271.
`
`51.
`
`As a result of Toyota’s infringement of the ‘501 Patent, Toyota has damaged
`
`AVS. Toyota is liable to AVS in an amount to be determined at trial that adequately
`
`compensates AVS for the infringement, which by law can be no less than a reasonable royalty.
`
`52.
`
`AVS intends to seek discovery on the issue of willfulness and reserves the right to
`
`seek a willfulness finding relative to pre-suit infringement and/or post-suit infringement of the
`
`‘501 Patent.
`
`53.
`
`As a result of Toyota’s infringement of the ‘501 Patent, AVS has suffered and
`
`will continue to suffer loss and injury unless Toyota is enjoined by this Court.
`
`
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`9
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`Case 6:12-cv-00405-JDL Document 36 Filed 01/18/13 Page 10 of 15 PageID #: 876
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`54.
`
`At least as early as its receipt of this Complaint, Toyota has had knowledge of the
`
`‘501 Patent and written notice of the infringement.
`
`COUNT VII: INFRINGEMENT OF U.S. PATENT NO. 8,024,084
`
`AVS incorporates the foregoing paragraphs as if fully set forth here.
`
`On September 20, 2011, the USPTO duly and legally issued United States Patent
`
`55.
`
`56.
`
`No. 8,024,084 B2 (“the ‘084 Patent”), entitled “Vehicle Diagnostic Techniques.” AVS owns the
`
`‘084 Patent and holds the right to sue and recover damages for infringement thereof. A true and
`
`correct copy of the ‘084 Patent is attached as Exhibit G.
`
`57.
`
`On information and belief, Toyota has been and now is directly infringing, and/or
`
`inducing infringement by others, and/or contributing to the infringement by others of the ‘084
`
`Patent in the state of Texas, in this judicial district, and elsewhere within the United States by,
`
`among other things, making, using, offering for sale, selling, or importing vehicles, (1) including
`
`but not limited to various model years of Lexus’ IS, ES, GS, LS, IS C, RX, GX, LX, IS F, LFA,
`
`CTh, RXh, GSh, LSh, and HS products and Toyota’s Land Cruiser, 4Runner, Camry, Sienna,
`
`and Prius products, that include automatic crash notification systems and other similar
`
`monitoring, reporting, and/or control systems, including but not limited to the Safety Connect
`
`systems or similar systems, or (2) vehicles that include such Safety Connect systems or similar
`
`systems in combination with vehicle diagnostic systems, including but not limited to the Lexus
`
`Enform system and other similar systems, that infringe or the use of which infringe one or more
`
`claims of the ‘084 Patent, all to the injury of AVS. Toyota is thus liable for infringement of the
`
`‘084 Patent pursuant to 35 U.S.C. § 271.
`
`
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`10
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`Case 6:12-cv-00405-JDL Document 36 Filed 01/18/13 Page 11 of 15 PageID #: 877
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`58.
`
`As a result of Toyota’s infringement of the ‘084 Patent, Toyota has damaged
`
`AVS. Toyota is liable to AVS in an amount to be determined at trial that adequately
`
`compensates AVS for the infringement, which by law can be no less than a reasonable royalty.
`
`59.
`
`AVS intends to seek discovery on the issue of willfulness and reserves the right to
`
`seek a willfulness finding relative to pre-suit infringement and/or post-suit infringement of the
`
`‘084 Patent.
`
`60.
`
`As a result of Toyota’s infringement of the ‘084 Patent, AVS has suffered and
`
`will continue to suffer loss and injury unless Toyota is enjoined by this Court.
`
`61.
`
`At least as early as its receipt of this Complaint, Toyota has had knowledge of the
`
`‘084 Patent and written notice of the infringement.
`
`COUNT VIII: INFRINGEMENT OF U.S. PATENT NO. 8,036,788
`
`AVS incorporates the foregoing paragraphs as if fully set forth here.
`
`On October 11, 2011, the USPTO duly and legally issued United States Patent
`
`62.
`
`63.
`
`No. 8,036,788 B2 (“the ‘788 Patent”), entitled “Vehicle Diagnostic Or Prognostic Message
`
`Transmission Systems And Methods.” AVS owns the ‘788 Patent and holds the right to sue and
`
`recover damages for infringement thereof. A true and correct copy of the ‘788 Patent is attached
`
`as Exhibit H.
`
`64.
`
`On information and belief, Toyota has been and now is directly infringing, and/or
`
`inducing infringement by others, and/or contributing to the infringement by others of the ‘788
`
`Patent in the state of Texas, in this judicial district, and elsewhere within the United States by,
`
`among other things, making, using, offering for sale, selling, or importing vehicles, including but
`
`not limited to various model years of IS, ES, GS, LS, IS C, RX, GX, LX, IS F, LF A, CTh, RXh,
`
`GSh, LSh, and HS product, that include vehicle diagnostic systems, including but not limited to
`
`
`
`11
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`

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`Case 6:12-cv-00405-JDL Document 36 Filed 01/18/13 Page 12 of 15 PageID #: 878
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`the Lexus Enform system and other similar systems, that infringe or the use of which infringe
`
`one or more claims of the ‘788 Patent, all to the injury of AVS. Toyota is thus liable for
`
`infringement of the ‘788 Patent pursuant to 35 U.S.C. § 271.
`
`65.
`
`As a result of Toyota’s infringement of the ‘788 Patent, Toyota has damaged
`
`AVS. Toyota is liable to AVS in an amount to be determined at trial that adequately
`
`compensates AVS for the infringement, which by law can be no less than a reasonable royalty.
`
`66.
`
`AVS intends to seek discovery on the issue of willfulness and reserves the right to
`
`seek a willfulness finding relative to pre-suit infringement and/or post-suit infringement of the
`
`‘788 Patent.
`
`67.
`
`As a result of Toyota’s infringement of the ‘788 Patent, AVS has suffered and
`
`will continue to suffer loss and injury unless Toyota is enjoined by this Court.
`
`68.
`
`At least as early as its receipt of this Complaint, Toyota has had knowledge of the
`
`‘788 Patent and written notice of the infringement.
`
`PRAYER FOR RELIEF
`
`WHEREFORE, Plaintiff AVS pray for the following relief:
`
`69.
`
`A judgment in favor of AVS that Toyota has infringed AVS’ ‘697, ‘244, ‘359,
`
`‘802, ‘210, ‘501, ‘084, and ‘788 patents;
`
`70.
`
`A permanent injunction, enjoining Toyota along with its officers, directors,
`
`agents, servants, employees, affiliates, divisions, branches, subsidiaries, and parents from
`
`infringing AVS’ ‘697, ‘244, ‘359, ‘802, ‘210, ‘501, ‘084, and ‘788 patents;
`
`71.
`
`A judgment and order requiring Toyota to pay AVS damage for Toyota’s
`
`infringement of AVS’ ‘697, ‘244, ‘359, ‘802, ‘210, ‘501, ‘084, and ‘788 patents, together with
`
`
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`12
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`Case 6:12-cv-00405-JDL Document 36 Filed 01/18/13 Page 13 of 15 PageID #: 879
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`interest (both pre- and post-judgment), costs and disbursements as fixed by this Court under 35
`
`U.S.C. § 284;
`
`72.
`
`A judgment and order finding Toyota’s infringement willful and awarding treble
`
`the amount of damages and losses sustained by AVS as a result of Toyota’s infringement under
`
`35 U.S.C. § 284;
`
`73.
`
`A judgment and order finding that this is an exceptional case within the meaning
`
`of 35 U.S.C. § 285 and awarding to AVS its reasonable attorney’s fees; and
`
`74.
`
`Such other and further relief in law or in equity to which AVS may be justly
`
`entitled.
`
`DEMAND FOR JURY TRIAL
`
`75.
`
`Plaintiff demands a trial by jury of any and all issues triable of right before a jury.
`
`
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`13
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`

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`Case 6:12-cv-00405-JDL Document 36 Filed 01/18/13 Page 14 of 15 PageID #: 880
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`Dated: January 18, 2013
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`Respectfully submitted,
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`/s/ Brian E. Simmons
`Demetrios Anaipakos
`Texas Bar No. 00793258
`danaipakos@azalaw.com
`Amir Alavi
`Texas Bar No. 00793239
`aalavi@azalaw.com
`Steven J. Mitby
`Texas Bar No. 24037123
`smitby@azalaw.com
`Brian E. Simmons
`Texas Bar No. 24004922
`bsimmons@azalaw.com
`AHMAD, ZAVITSANOS, ANAIPAKOS, ALAVI & MENSING, P.C.
`1221 McKinney Street, Suite 3460
`Houston, TX 77010
`Telephone: 713-655-1101
`Facsimile: 713-655-0062
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`T. John Ward, Jr.
`Texas Bar No. 00794818
`jw@wsfirm.com
`Wesley Hill
`Texas Bar No. 24032294
`wh@wsfirm.com
`WARD & SMITH LAW FIRM
`111 W. Tyler Street
`Longview, TX 75601
`Telephone: (903) 757-6400
`Facsimile: (903) 757-2323
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`Case 6:12-cv-00405-JDL Document 36 Filed 01/18/13 Page 15 of 15 PageID #: 881
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`CERTIFICATE OF SERVICE
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`I hereby certify that a true and correct copy of the above and foregoing document has
`been filed electronically in compliance with Local Rule CV-5(a). Therefore, this document was
`served on all counsel who are deemed to have consented to electronic service. Local Rule CV-
`5(a)(3)(A). Pursuant to Fed. R. Civ. P. 5(d) and Local Rule CV-5(d) and (e), all other counsel of
`record not deemed to have consented to electronic service were served with a true and correct
`copy of the foregoing by mail on this the 18th day of January, 2013.
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` /s/ Brian E. Simmons
`Brian E. Simmons
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`15