Case 6:20-cv-01131-ADA Document 1 Filed 12/11/20 Page 1 of 22
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`STRATOSAUDIO, INC.,
`
`Plaintiff,
`
`
`
`v.
`
`VOLKSWAGEN GROUP OF AMERICA,
`INC.,
`
`
`
`Defendant.
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
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`Case No. ___________
`6:20-cv-1131
`
`JURY TRIAL DEMANDED
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`This is an action for patent infringement arising under the Patent Laws of the United States
`
`of America, 35 U.S.C. § 1 et seq., in which Plaintiff StratosAudio, Inc. (“Plaintiff” or
`
`“StratosAudio”) makes the following actions against Defendant Volkswagen Group of America,
`
`Inc. (“Defendant” or “Volkswagen Group”):
`
`INTRODUCTION
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`1.
`
`This complaint arises from Defendant’s unlawful infringement of the following
`
`U.S. Patents owned by StratosAudio, Inc.: U.S. Patent No. 8,166,081; U.S. Patent No. 8,688,028;
`
`U.S. Patent No. 8,903,307; U.S. Patent No. 9,584,843; U.S. Patent No. 8,200,203; U.S. Patent No.
`
`9,294,806; and U.S. Patent No. 9,355,405 (collectively the “Asserted Patents”).
`
`PARTIES
`
`2.
`
`StratosAudio is a privately held company incorporated under the laws of Delaware.
`
`StratosAudio was founded in 2001 and is headquartered in Kirkland, Washington.
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`1
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`Case 6:20-cv-01131-ADA Document 1 Filed 12/11/20 Page 2 of 22
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`3.
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`StratosAudio is a pioneer in the field of media enhancement systems, especially as
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`it relates to interactive advertising, programming, and other data manipulation that enables the
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`identification of broadcast media content using data transmitted in an associated datastream, the
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`combination of such streams used in personalized media distribution, with widely applicable
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`adaptation in commercial media and entertainment systems including vehicle head unit consoles.
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`4.
`
`Based on years of research and development, StratosAudio has created an
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`international patent portfolio comprising more than seventy (70) issued patents broadly directed
`
`to media enhancement systems.
`
`5.
`
`StratosAudio has, over the years, invested millions of dollars innovating and
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`creating audio media enhancement systems of the type described in StratosAudio’s patents.
`
`6.
`
`StratosAudio is partly owned by an individual located in this judicial district in
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`Temple, Texas. This individual is also a named inventor on a number of the asserted patents.
`
`7.
`
`Volkswagen Group is a New Jersey corporation with its principal place of business
`
`in Herndon, Virginia. Volkswagen Group may be served through its registered agent for service
`
`in the State of Texas, Corporation Service Company D/B/A CSC Lawyers Inco., 211 E. 7th Street
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`Suite 620, Austin, TX 78701. Volkswagen Group is registered to do business in the State of Texas
`
`and has been since at least June 7, 1973.
`
`JURISDICTION AND VENUE
`
`8.
`
`This action arises under the patent laws of the United States, 35 U.S.C. § 1, et seq.,
`
`including § 271. This Court has original subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331
`
`and 1338(a).
`
`9.
`
`This Court has personal jurisdiction over Defendant because, among other things,
`
`Defendant has done business in this District, and has committed and continues to commit acts of
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`2
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`Case 6:20-cv-01131-ADA Document 1 Filed 12/11/20 Page 3 of 22
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`patent infringement in this District giving rise to this action, and has established minimum contacts
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`with this forum such that the exercise of jurisdiction over Defendant would not offend traditional
`
`notions of fair play and substantial justice. Defendant, directly and indirectly through subsidiaries
`
`and intermediaries, has committed and continues to commit acts of infringement in this District
`
`by, among other things, making, using, selling, offering to sell, and importing products that
`
`infringe the asserted patents.
`
`10.
`
`Venue is proper in this District under 28 U.S.C. § 1400(b) because, among other
`
`things, Defendant has transacted business in this District and has committed acts of infringement
`
`in and has a regular and established place of business in this judicial district. For example, the
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`Volkswagen Group conducts its business of the exclusive distribution of new Volkswagen and
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`Audi automobiles to the consuming public in this judicial district through its authorized dealers in
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`this judicial district, including selling automobiles, directly and/or indirectly, to and through, for
`
`example, Volkswagen of Waco, located at 2301 W. Loop 340, Waco TX, 76712; Onion Creek
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`Volkswagen, located at 10812 S IH 35 Frontage Road, Austin TX, 78748; Hewlett Volkswagen,
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`located at 7951 Hewlett Loop Road, Georgetown, TX, 78626; Audi North Austin, located at 12971
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`Pond Springs Road, Austin TX 78729-7798, and Audi South Austin, located at 4738 S IH 35
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`Frontage Road, Austin TX 78745. On information and belief, the Volkswagen Group’s new
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`Volkswagen and Audi vehicles are available for purchase through its authorized dealers only, such
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`as Volkswagen of Waco, Onion Creek Volkswagen, Hewlett Volkswagen, Audi North Austin, and
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`Audi South Austin.
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`11.
`
`The Volkswagen Group’s dealerships in this judicial district are all named with the
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`“Volkswagen” or “Audi” designation (e.g., Volkswagen of Waco and Audi North Austin). The
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`Volkswagen and Audi dealerships in this judicial district all prominently display Volkswagen and
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`3
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`Case 6:20-cv-01131-ADA Document 1 Filed 12/11/20 Page 4 of 22
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`Audi trademarks, respectively, including the Volkswagen and Audi logos, with no reservations or
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`disclaimers. The Volkswagen Group authorizes its Volkswagen and Audi dealers in this judicial
`
`district to utilize Volkswagen’s and Audi’s trademarks, trade name, and other intellectual property
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`associated with the distribution and sale of automobiles and provision of related services.
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`12.
`
`Volkswagen and Audi dealerships in this judicial district are held out to the
`
`consuming public as places of Volkswagen and Audi, respectively, where the Volkswagen Group,
`
`through its dealers, sells Volkswagen and Audi cars. Volkswagen’s website (www.vw.com) and
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`Audi’s website (www.audiusa.com/us/web/en.html) direct users to enter their zip code so that the
`
`websites can display to the website user Volkswagen and Audi vehicles, respectively, available in
`
`inventory in their area, so that Volkswagen and Audi can identify a franchised dealer in their area.
`
`For both Volkswagen and Audi, the user can contact a franchised dealer through the website by
`
`inputting their contact details, or can select to navigate to a franchised dealer in their area. Once
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`the user selects a franchised dealer website from the Volkswagen or Audi website, the user can
`
`view inventory, view trade-in information, apply for financing, and arrange a test drive at the
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`franchised Volkswagen and Audi dealerships in their area, including dealerships in this judicial
`
`district. Upon input of zip code information from this judicial district, Volkswagen and Audi name
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`and ratify their respective dealers in this judicial district, such as Volkswagen of Waco and Audi
`
`North Austin, as their places of business where: 1) the user of a website may test drive its cars; 2)
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`a website user may review inventory and schedule a test drive at a dealer in this judicial district;
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`3) it collects customer information and provides that information to its dealers in this judicial
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`district; Volkswagen and Audi enable website users to solicit quotes to purchase a vehicle from
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`dealers in this judicial district; and 4) to apply for financing from dealers in this judicial district.
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`4
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`Case 6:20-cv-01131-ADA Document 1 Filed 12/11/20 Page 5 of 22
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`13.
`
`The Volkswagen Group also conducts business through its authorized Volkswagen
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`and Audi dealers in this judicial district by providing new purchase warranties and service pursuant
`
`to those warranties to the consuming public. The Volkswagen Group further delegates
`
`maintenance responsive to vehicle safety recalls to its authorized dealers in this judicial district by
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`informing Volkswagen and Audi owners of the defect and directing Volkswagen and Audi owners
`
`to their respective authorized dealers for repair of the defect.
`
`14.
`
`Volkswagen and Audi also control the sale of automobiles in this judicial district
`
`by, among other items, establishing criteria and certifying vehicles as part of a “Volkswagen
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`Certified Pre-Owned Vehicles” program or as part of an “Audi Certified Pre-Owned Vehicles”
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`program. The Volkswagen Group directly controls aspects of employees of its authorized dealers
`
`by training service technicians. The Volkswagen Group also provides direct and indirect financial
`
`input into the operations of its authorized dealers in this district by, on information and belief,
`
`offering vehicle financing through Volkswagen Credit and Audi Financial Services, and by
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`offering “floor plan” loans directly to its authorized dealers in this judicial district. On information
`
`and belief, The Volkswagen Group further conducts business through its control over the sale
`
`and/or ownership transfer of its authorized dealers in this judicial district, which includes the right
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`to refuse any transfer of ownership of its authorized dealers, and through its control of specific
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`geographic areas in which its authorized dealers in this judicial district may operate.
`
`COUNT I – INFRINGEMENT OF THE ‘081 PATENT
`
`15.
`
`Plaintiff realleges and incorporates by reference the foregoing paragraphs as if fully
`
`set forth herein.
`
`16.
`
`Plaintiff is the owner and assignee of all rights, title and interest in and to U.S.
`
`Patent No. 8,166,081 entitled “System and Method for Advertisement Transmission and Display”
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`5
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`Case 6:20-cv-01131-ADA Document 1 Filed 12/11/20 Page 6 of 22
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`(the “‘081 patent”), issued on April 24, 2012. A true and correct copy of the ‘081 patent is attached
`
`hereto as Exhibit 1.
`
`17.
`
`Defendant makes, uses, offers for sale, sells, and/or imports into the United States
`
`certain products and services that directly infringe, literally and/or under the doctrine of
`
`equivalents, one or more claims of the ‘081 patent, including but not limited to claims 9-11 and
`
`23, and continue to do so since the issuance of the ‘081 patent. By way of illustrative example,
`
`these infringing products and services include, without limitation, vehicle communication and
`
`entertainment systems with head unit consoles that incorporate or otherwise enable Apple Carplay,
`
`and at least one of the following: HD radio, SiriusXM radio and/or FM radio with RBDS (the
`
`“Accused Consoles”).
`
`18.
`
`Defendant has had knowledge of the ‘081 patent from a date no later than the date
`
`of the filing of this Complaint. Defendant has known how the Accused Consoles operate and/or
`
`are used and has known, or has been willfully blind to the fact, that making, using, offering to sell,
`
`and selling the Accused Consoles within the United States, or importing the Accused Consoles
`
`into the United States, would constitute infringement.
`
`19.
`
`Defendant has induced, and continues to induce, infringement of one or more
`
`claims of the ‘081 patent by actively encouraging others (including distributors, dealers, and
`
`customers) to use, offer to sell, sell, and import the Accused Consoles. On information and belief
`
`these acts include providing information and instructions supporting sales by others, providing the
`
`Accused Consoles to others, and indemnifying patent infringement within the United States.
`
`20.
`
`Defendant has also infringed, and continues to infringe, one or more claims of the
`
`‘081 patent by offering to commercially distribute, commercially distributing, making, and/or
`
`importing the Accused Consoles, which are used in practicing the process, or using the systems,
`
`6
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`Case 6:20-cv-01131-ADA Document 1 Filed 12/11/20 Page 7 of 22
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`of the patent, and constitute a material part of the invention. Defendant knows the articles of the
`
`Accused Consoles to be especially made or especially adapted for use in infringement of the patent,
`
`not a staple article, and not a commodity of commerce suitable for substantial noninfringing use.
`
`Accordingly, Defendant has been, and currently is, contributorily infringing the ‘081 patent in
`
`violation of 35 U.S.C. § 271(c).
`
`21.
`
`The Accused Consoles satisfy all the claim limitations of one or more claims of the
`
`‘081 patent. For example, Appendix A sets forth in more detail the Accused Consoles and their
`
`operation in Volkswagen and Audi vehicles for a representative claim of the ‘081 patent.
`
`22.
`
`By making, using, offering for sale, selling, and/or importing into the United States
`
`the Accused Consoles, Defendant has injured Plaintiff and is liable for infringement of the ‘081
`
`patent pursuant to 35 U.S.C. § 271.
`
`23.
`
`As a result of Defendant’s infringement of the ‘081 patent, Plaintiff is entitled to
`
`monetary damages in an amount adequate to compensate for Defendant’s infringement, but in no
`
`event less than a reasonable royalty for the use made of the invention by Defendant, together with
`
`interest and costs fixed by the Court.
`
`24.
`
`Defendant’s infringing activities have injured and will continue to injure Plaintiff,
`
`unless and until this Court enters an injunction prohibiting further infringement of the ‘081 patent,
`
`and specifically enjoining further manufacture, sale, use, importation, and/or offers for sale that
`
`come within the scope of the patent claims.
`
`COUNT II – INFRINGEMENT OF THE ‘028 PATENT
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`25.
`
`Plaintiff realleges and incorporates by reference the foregoing paragraphs as if fully
`
`set forth herein.
`
`7
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`Case 6:20-cv-01131-ADA Document 1 Filed 12/11/20 Page 8 of 22
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`26.
`
`Plaintiff is the owner and assignee of all rights, title and interest in and to U.S.
`
`Patent No. 8,688,028 entitled “Broadcast Response System” (the “‘028 patent”), issued on April
`
`1, 2014. A true and correct copy of the ‘028 patent is attached hereto as Exhibit 2.
`
`27.
`
`Defendant makes, uses, offers for sale, sells, and/or imports into the United States
`
`certain products and services that directly infringe, literally and/or under the doctrine of
`
`equivalents, one or more claims of the ‘028 patent, including but not limited to claims 11, 14-16,
`
`and 18, and continue to do so since the issuance of the ‘028 patent. By way of illustrative example,
`
`these infringing products and services include, without limitation, vehicle communication and
`
`entertainment systems with head unit consoles that incorporate or otherwise enable Apple Carplay
`
`with Apple Music streaming services playing live radio such as Beats 1 and/or Apple Music 1
`
`Radio, HD radio, FM radio with RBDS, or SiriusXM radio with iTunes tagging functionality (the
`
`“Accused Consoles”).
`
`28.
`
`Defendant has had knowledge of the ‘028 patent from a date no later than the date
`
`of the filing of this Complaint. Defendant has known how the Accused Consoles operate and/or
`
`are used and has known, or has been willfully blind to the fact, that making, using, offering to sell,
`
`and selling the Accused Consoles within the United States, or importing the Accused Consoles
`
`into the United States, would constitute infringement.
`
`29.
`
`Defendant has induced, and continues to induce, infringement of one or more
`
`claims of the ‘028 patent by actively encouraging others (including distributors, dealers, and
`
`customers) to use, offer to sell, sell, and import the Accused Consoles. On information and belief
`
`these acts include providing information and instructions supporting sales by others, providing the
`
`Accused Consoles to others, and indemnifying patent infringement within the United States.
`
`8
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`Case 6:20-cv-01131-ADA Document 1 Filed 12/11/20 Page 9 of 22
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`30.
`
`Defendant has also infringed, and continues to infringe, one or more claims of the
`
`‘028 patent by offering to commercially distribute, commercially distributing, making, and/or
`
`importing the Accused Consoles, which are used in practicing the process, or using the systems,
`
`of the patent, and constitute a material part of the invention. Defendant knows the articles of the
`
`Accused Consoles to be especially made or especially adapted for use in infringement of the patent,
`
`not a staple article, and not a commodity of commerce suitable for substantial noninfringing use.
`
`Accordingly, Defendant has been, and currently is, contributorily infringing the ‘028 patent in
`
`violation of 35 U.S.C. § 271(c).
`
`31.
`
`The Accused Consoles satisfy all the claim limitations of one or more claims of the
`
`‘028 patent. For example, Appendix B sets forth in more detail the Accused Consoles and their
`
`operation in Volkswagen and Audi vehicles for a representative claim of the ‘028 patent.
`
`32.
`
`By making, using, offering for sale, selling, and/or importing into the United States
`
`the Accused Consoles, Defendant has injured Plaintiff and is liable for infringement of the ‘028
`
`patent pursuant to 35 U.S.C. § 271.
`
`33.
`
`As a result of Defendant’s infringement of the ‘028 patent, Plaintiff is entitled to
`
`monetary damages in an amount adequate to compensate for Defendant’s infringement, but in no
`
`event less than a reasonable royalty for the use made of the invention by Defendant, together with
`
`interest and costs fixed by the Court.
`
`34.
`
`Defendant’s infringing activities have injured and will continue to injure Plaintiff,
`
`unless and until this Court enters an injunction prohibiting further infringement of the ‘028 patent,
`
`and specifically enjoining further manufacture, sale, use, importation, and/or offers for sale that
`
`come within the scope of the patent claims.
`
`COUNT III – INFRINGEMENT OF THE ‘307 PATENT
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`9
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`35.
`
`Plaintiff realleges and incorporates by reference the foregoing paragraphs as if fully
`
`set forth herein.
`
`36.
`
`Plaintiff is the owner and assignee of all rights, title and interest in and to U.S.
`
`Patent No. 8,903,307 entitled “Broadcast Response System” (the “‘307 patent”), issued on
`
`December 2, 2014. A true and correct copy of the ‘307 patent is attached hereto as Exhibit 3.
`
`37.
`
`Defendant makes, uses, offers for sale, sells, and/or imports into the United States
`
`certain products and services that directly infringe, literally and/or under the doctrine of
`
`equivalents, one or more claims of the ‘307 patent, including but not limited to claims 11 and 15-
`
`18, and continue to do so since the issuance of the ‘307 patent. By way of illustrative example,
`
`these infringing products and services include, without limitation, vehicle communication and
`
`entertainment systems with head unit consoles that incorporate or otherwise enable Apple Carplay
`
`with Apple Music streaming services playing live radio such as Beats 1 and/or Apple Music 1
`
`Radio, HD radio, FM radio with RBDS, or SiriusXM radio with iTunes tagging functionality (the
`
`“Accused Consoles”).
`
`38.
`
`Defendant has had knowledge of the ‘307 patent from a date no later than the date
`
`of the filing of this Complaint. Defendant has known how the Accused Consoles operate and/or
`
`are used and has known, or has been willfully blind to the fact, that making, using, offering to sell,
`
`and selling the Accused Consoles within the United States, or importing the Accused Consoles
`
`into the United States, would constitute infringement.
`
`39.
`
`Defendant has induced, and continues to induce, infringement of one or more
`
`claims of the ‘307 patent by actively encouraging others (including distributors, dealers, and
`
`customers) to use, offer to sell, sell, and import the Accused Consoles. On information and belief
`
`10
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`Case 6:20-cv-01131-ADA Document 1 Filed 12/11/20 Page 11 of 22
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`these acts include providing information and instructions supporting sales by others, providing the
`
`Accused Consoles to others, and indemnifying patent infringement within the United States.
`
`40.
`
`Defendant has also infringed, and continues to infringe, one or more claims of the
`
`‘307 patent by offering to commercially distribute, commercially distributing, making, and/or
`
`importing the Accused Consoles, which are used in practicing the process, or using the systems,
`
`of the patent, and constitute a material part of the invention. Defendant knows the articles of the
`
`Accused Consoles to be especially made or especially adapted for use in infringement of the patent,
`
`not a staple article, and not a commodity of commerce suitable for substantial noninfringing use.
`
`Accordingly, Defendant has been, and currently is, contributorily infringing the ‘307 patent in
`
`violation of 35 U.S.C. § 271(c).
`
`41.
`
`The Accused Consoles satisfy all the claim limitations of one or more claims of the
`
`‘307 patent. For example, Appendix C sets forth in more detail the Accused Consoles and their
`
`operation in Volkswagen and Audi vehicles for a representative claim of the ‘307 patent.
`
`42.
`
`By making, using, offering for sale, selling, and/or importing into the United States
`
`the Accused Consoles, Defendant has injured Plaintiff and is liable for infringement of the ‘307
`
`patent pursuant to 35 U.S.C. § 271.
`
`43.
`
`As a result of Defendant’s infringement of the ‘307 patent, Plaintiff is entitled to
`
`monetary damages in an amount adequate to compensate for Defendant’s infringement, but in no
`
`event less than a reasonable royalty for the use made of the invention by Defendant, together with
`
`interest and costs fixed by the Court.
`
`44.
`
`Defendant’s infringing activities have injured and will continue to injure Plaintiff,
`
`unless and until this Court enters an injunction prohibiting further infringement of the ‘307 patent,
`
`11
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`and specifically enjoining further manufacture, sale, use, importation, and/or offers for sale that
`
`come within the scope of the patent claims.
`
`COUNT IV – INFRINGEMENT OF THE ‘843 PATENT
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`45.
`
`Plaintiff realleges and incorporates by reference the foregoing paragraphs as if fully
`
`set forth herein.
`
`46.
`
`Plaintiff is the owner and assignee of all rights, title and interest in and to U.S.
`
`Patent No. 9,584,843 entitled “Systems, Methods, and Devices for Scanning Broadcasts” (the
`
`“‘843 patent”), issued on February 28, 2017. A true and correct copy of the ‘843 patent is attached
`
`hereto as Exhibit 4.
`
`47.
`
`Defendant makes, uses, offers for sale, sells, and/or imports into the United States
`
`certain products and services that directly infringe, literally and/or under the doctrine of
`
`equivalents, one or more claims of the ‘843 patent, including but not limited to claims 10, 11, 133,
`
`and 15, and continue to do so since the issuance of the ‘843 patent. By way of illustrative example,
`
`these infringing products and services include, without limitation, vehicle communication and
`
`entertainment systems with head unit consoles that incorporate or otherwise enable Apple Carplay
`
`with Apple Music streaming services playing live radio such as Beats 1 and/or Apple Music 1
`
`Radio, HD radio, FM radio with RBDS, or SiriusXM radio with iTunes tagging functionality (the
`
`“Accused Consoles”).
`
`48.
`
`Defendant has had knowledge of the ‘843 patent from a date no later than the date
`
`of the filing of this Complaint. Defendant has known how the Accused Consoles operate and/or
`
`are used and has known, or has been willfully blind to the fact, that making, using, offering to sell,
`
`and selling the Accused Consoles within the United States, or importing the Accused Consoles
`
`into the United States, would constitute infringement.
`
`12
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`Case 6:20-cv-01131-ADA Document 1 Filed 12/11/20 Page 13 of 22
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`49.
`
`Defendant has induced, and continues to induce, infringement of one or more
`
`claims of the ‘843 patent by actively encouraging others (including distributors, dealers, and
`
`customers) to use, offer to sell, sell, and import the Accused Consoles. On information and belief
`
`these acts include providing information and instructions supporting sales by others, providing the
`
`Accused Consoles to others, and indemnifying patent infringement within the United States.
`
`50.
`
`Defendant has also infringed, and continues to infringe, one or more claims of the
`
`‘843 patent by offering to commercially distribute, commercially distributing, making, and/or
`
`importing the Accused Consoles, which are used in practicing the process, or using the systems,
`
`of the patent, and constitute a material part of the invention. Defendant knows the articles of the
`
`Accused Consoles to be especially made or especially adapted for use in infringement of the patent,
`
`not a staple article, and not a commodity of commerce suitable for substantial noninfringing use.
`
`Accordingly, Defendant has been, and currently is, contributorily infringing the ‘843 patent in
`
`violation of 35 U.S.C. § 271(c).
`
`51.
`
`The Accused Consoles satisfy all the claim limitations of one or more claims of the
`
`‘028 patent. For example, Appendix D sets forth in more detail the Accused Consoles and their
`
`operation in Volkswagen and Audi vehicles for a representative claim of the ‘843 patent.
`
`52.
`
`By making, using, offering for sale, selling, and/or importing into the United States
`
`the Accused Consoles, Defendant has injured Plaintiff and is liable for infringement of the ‘843
`
`patent pursuant to 35 U.S.C. § 271.
`
`53.
`
`As a result of Defendant’s infringement of the ‘843 patent, Plaintiff is entitled to
`
`monetary damages in an amount adequate to compensate for Defendant’s infringement, but in no
`
`event less than a reasonable royalty for the use made of the invention by Defendant, together with
`
`interest and costs fixed by the Court.
`
`13
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`Case 6:20-cv-01131-ADA Document 1 Filed 12/11/20 Page 14 of 22
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`54.
`
`Defendant’s infringing activities have injured and will continue to injure Plaintiff,
`
`unless and until this Court enters an injunction prohibiting further infringement of the ‘843 patent,
`
`and specifically enjoining further manufacture, sale, use, importation, and/or offers for sale that
`
`come within the scope of the patent claims.
`
`COUNT V – INFRINGEMENT OF THE ‘203 PATENT
`
`55.
`
`Plaintiff realleges and incorporates by reference the foregoing paragraphs as if fully
`
`set forth herein.
`
`56.
`
`Plaintiff is the owner and assignee of all rights, title and interest in and to U.S.
`
`Patent No. 8,200,203 entitled “Broadcast Response Method and System” (the “‘203 patent”),
`
`issued on June 12, 2012. A true and correct copy of the ‘203 patent is attached hereto as Exhibit
`
`5.
`
`57.
`
`Defendant makes, uses, offers for sale, sells, and/or imports into the United States
`
`certain products and services that directly infringe, literally and/or under the doctrine of
`
`equivalents, one or more claims of the ‘203 patent, including but not limited to claims 43, 47, 48,
`
`51, 52, 55, 56, and 62, and continue to do so since the issuance of the ‘203 patent. By way of
`
`illustrative example, these infringing products and services include, without limitation, vehicle
`
`communication and entertainment systems with head unit consoles that incorporate or otherwise
`
`enable Apple Carplay with Apple Music streaming services playing live radio such as Beats 1
`
`and/or Apple Music 1 Radio, HD radio, FM radio with RBDS or SiriusXM radio with iTunes
`
`tagging functionality (the “Accused Consoles”).
`
`58.
`
`Defendant has had knowledge of the ‘203 patent from a date no later than the date
`
`of the filing of this Complaint. Defendant has known how the Accused Consoles operate and/or
`
`are used and has known, or has been willfully blind to the fact, that making, using, offering to sell,
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`Case 6:20-cv-01131-ADA Document 1 Filed 12/11/20 Page 15 of 22
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`and selling the Accused Consoles within the United States, or importing the Accused Consoles
`
`into the United States, would constitute infringement.
`
`59.
`
`Defendant has induced, and continues to induce, infringement of one or more
`
`claims of the ‘203 patent by actively encouraging others (including distributors, dealers, and
`
`customers) to use, offer to sell, sell, and import the Accused Consoles. On information and belief
`
`these acts include providing information and instructions supporting sales by others, providing the
`
`Accused Consoles to others, and indemnifying patent infringement within the United States.
`
`60.
`
`Defendant has also infringed, and continues to infringe, one or more claims of the
`
`‘203 patent by offering to commercially distribute, commercially distributing, making, and/or
`
`importing the Accused Consoles, which are used in practicing the process, or using the systems,
`
`of the patent, and constitute a material part of the invention. Defendant knows the articles of the
`
`Accused Consoles to be especially made or especially adapted for use in infringement of the patent,
`
`not a staple article, and not a commodity of commerce suitable for substantial noninfringing use.
`
`Accordingly, Defendant has been, and currently is, contributorily infringing the ‘203 patent in
`
`violation of 35 U.S.C. § 271(c).
`
`61.
`
`The Accused Consoles satisfy all the claim limitations of one or more claims of the
`
`‘203 patent. For example, Appendix E sets forth in more detail the Accused Consoles and their
`
`operation in Volkswagen and Audi vehicles for a representative claim of the ‘203 patent.
`
`62.
`
`By making, using, offering for sale, selling, and/or importing into the United States
`
`the Accused Consoles, Defendant has injured Plaintiff and is liable for infringement of the ‘203
`
`patent pursuant to 35 U.S.C. § 271.
`
`63.
`
`As a result of Defendant’s infringement of the ‘203 patent, Plaintiff is entitled to
`
`monetary damages in an amount adequate to compensate for Defendant’s infringement, but in no
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`Case 6:20-cv-01131-ADA Document 1 Filed 12/11/20 Page 16 of 22
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`event less than a reasonable royalty for the use made of the invention by Defendant, together with
`
`interest and costs fixed by the Court.
`
`64.
`
`Defendant’s infringing activities have injured and will continue to injure Plaintiff,
`
`unless and until this Court enters an injunction prohibiting further infringement of the ‘203 patent,
`
`and specifically enjoining further manufacture, sale, use, importation, and/or offers for sale that
`
`come within the scope of the patent claims.
`
`COUNT VI – INFRINGEMENT OF THE ‘806 PATENT
`
`65.
`
`Plaintiff realleges and incorporates by reference the foregoing paragraphs as if fully
`
`set forth herein.
`
`66.
`
`Plaintiff is the owner and assignee of all rights, title and interest in and to U.S.
`
`Patent No. 9,294,806 entitled “Systems, Methods, and Devices for Scanning Broadcasts” (the
`
`“‘806 patent”), issued on March 22, 2016. A true and correct copy of the ‘806 patent is attached
`
`hereto as Exhibit 6.
`
`67.
`
`Defendant makes, uses, offers for sale, sells, and/or imports into the United States
`
`certain products and services that directly infringe, literally and/or under the doctrine of
`
`equivalents, one or more claims of the ‘806 patent, including but not limited to claims 5-10 and
`
`13, and continue to do so since the issuance of the ‘806 patent. By way of illustrative example,
`
`these infringing products and services include, without limitation, vehicle communication and
`
`entertainment systems with head unit consoles that incorporate or otherwise enable Apple Carplay
`
`with Apple Music streaming services playing live radio such as Beats 1 and/or Apple Music 1
`
`Radio, HD radio, FM radio with RBDS, or SiriusXM radio with iTunes tagging functionality (the
`
`“Accused Consoles”).
`
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`Case 6:20-cv-01131-ADA Document 1 Filed 12/11/20 Page 17 of 22
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`68.
`
`Defendant has had knowledge of the ‘806 patent from a date no later than the date
`
`of the filing of this Complaint. Defendant has known how the Accused Consoles operate and/or
`
`are used and has known, or has been willfully blind to the fact, that making, using, offering to sell,
`
`and selling the Accused Consoles within the United States, or importing the Accused Consoles
`
`into the United States, would constitute infringement.
`
`69.
`
`Defendant has induced, and continues to induce, infringement of one or more
`
`claims of the ‘806 patent by actively encouraging others (including distributors, dealers, and
`
`customers) to use, offer to sell, sell, and import the Accused Consoles. On information and belief
`
`these acts