Case 1:17-cv-00077-RJJ-PJG ECF No. 69 filed 08/17/17 PageID.3865 Page 1 of 81
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`UNITED STATES DISTRICT COURT
`WESTERN DISTRICT OF MICHIGAN
`
`
`
`MAGNA MIRRORS OF AMERICA, INC.
`
`
`
`Plaintiff,
`
`
`
`
`
`
`
`CASE NO. 1:17-CV-77
`
`HON. ROBERT J. JONKER
`
`DEMAND FOR JURY TRIAL
`
`
`
`vs.
`
`
`SAMVARDHANA MOTHERSON
`REFLECTEC GROUP HOLDINGS
`LIMITED, et al.,
`
`
`Defendants.
`_______________________________________/
`
`
`
`SECOND AMENDED COMPLAINT
`
`
`
`Pursuant to Rules 7(a) and 15 of the Federal Rules of Civil Procedure, Plaintiff Magna
`
`Mirrors of America, Inc. (“Magna Mirrors” or “Plaintiff”) hereby provides its Second Amended
`
`Complaint against Defendants Samvardhana Motherson Reflectec Group Holdings Limited,
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`SMR Automotive Mirror Parts and Holdings UK Limited, SMR Mirrors UK Limited, SMR
`
`Automotive Mirrors UK Limited, SMR Automotive Systems USA Inc., SMR Automotive Mirror
`
`Systems Holding Deutschland GmbH, SMR Automotive Mirrors Stuttgart GmbH, SMR
`
`Automotive Vision Systems Mexico S.A. de C.V., and SMR Automotive Servicios Mexico S.A.
`
`de C.V., (collectively, “SMR” or “SMR Defendants” or “Defendants”) for patent infringement.
`
`THE PARTIES
`
`1.
`
`Plaintiff Magna Mirrors is a corporation organized and existing under the laws of the
`
`State of Michigan, having a registered address of 601 Abbot Road, East Lansing,
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`Michigan 48823.
`
`
`
`1
`
`SMR USA
`Exhibit 1010
`Page 001
`
`

`

`Case 1:17-cv-00077-RJJ-PJG ECF No. 69 filed 08/17/17 PageID.3866 Page 2 of 81
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`2.
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`Historically, Magna Mirrors has also done business under the registered assumed names
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`of “Donnelly Corporation” and “Magna Donnelly Corporation”. In October 2002, a
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`subsidiary of Magna International Inc. acquired all the outstanding shares of Donnelly
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`Corporation. In 2003, Donnelly Corporation changed its name to Magna Donnelly
`
`Corporation. In 2008, Magna Donnelly Corporation changed its name to Magna Mirrors
`
`of America, Inc. For purposes of this Second Amended Complaint, Magna Mirrors of
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`America, Inc., Magna Donnelly Corporation and Donnelly Corporation will collectively
`
`be referred to as “Magna Mirrors”.
`
`3. Magna Mirrors is a leading designer and manufacturer of exterior and interior mirror
`
`systems for the automotive industry, and has a place of business in this jurisdiction at
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`5085 Kraft Ave. S.E., Kentwood, Michigan 49512.
`
`4.
`
`Upon information and belief, Samvardhana Motherson Reflectec Group Holdings
`
`Limited (“SMR Reflectec”), also known or previously known as Samvardhana
`
`Motherson Visiocorp Solutions Limited, is a foreign corporation with its registered
`
`address in Jersey which has transacted business within the State of Michigan. SMR
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`Reflectec is a member of, and is controlled by, the Samvardhana Motherson Group
`
`(“SMG”) and conducts business as Samvardhana Motherson Reflectec and has a website
`
`at http://www.smr-automotive.com/. SMR Reflectec is part of Samvardhana Motherson
`
`Automotive Systems Group B.V. (“SMRP BV”) and is focused on developing,
`
`producing and distributing rear vision systems for the international automotive industry,
`
`with regional engineering, sales and project management centers in North America,
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`Europe, Asia and Australia. Upon information and belief, SMR Reflectec is jointly
`
`
`
`2
`
`SMR USA
`Exhibit 1010
`Page 002
`
`

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`controlled by Motherson Sumi Systems Limited and Samvardhana Motherson
`
`International Limited.
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`5.
`
` Based on information and belief, SMR Reflectec, on its own and through its subsidiaries
`
`and through companies under its control, uses, causes to be used, imports, causes to be
`
`imported, manufactures, causes to be manufactured, sells, causes to sell, offers for sale,
`
`causes to be offered for sale, causes supply of, and/or supplies infringing products and
`
`components in and into the United States, including within this Judicial District. Certain
`
`of the subsidiaries and companies under the control of SMR Reflectec include:
`
`SMR Automotive Mirror Parts and Holdings UK Limited (held by SMR Reflectec)
`(“SMR Holdings UK”),
`
`SMR Mirrors UK Limited (“SMR Mirrors UK”),
`
`SMR Automotive Mirrors UK Limited (held by SMR Holdings UK) (“SMR UK”),
`
`SMR Automotive Systems USA Inc. (“SMR USA”),
`
`SMR Automotive Mirror Systems Holding Deutschland GmbH (held by SMR
`Holdings UK) (“SMR Holding Deutschland”),
`
`SMR Automotive Mirrors Stuttgart GmbH (held by SMR Holding Deutschland)
`(“SMR Germany”),
`
`SMR Automotive Vision Systems Mexico S.A. de C.V. (held by SMR Stuttgart)
`(“SMR Mexico”),
`
`SMR Automotive Servicios Mexico S.A. de C.V. (held by SMR Mexico) (“SMR
`Servicios Mexico”).
`
`6.
`
`Upon information and belief, SMR Automotive Systems USA Inc. (“SMR USA”) is a
`
`corporation organized and existing under the laws of the State of Michigan, having a
`
`registered address of 1855 Busha Highway, Marysville, Michigan 48040. Based on
`
`information and belief, SMR USA operates as an indirect subsidiary of, and is controlled
`
`by, SMR Reflectec. Based on information and belief, SMR USA has locations in
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`Marysville, Michigan; Port Huron, Michigan; Troy, Michigan; and Louisville, Kentucky.
`
`
`
`3
`
`SMR USA
`Exhibit 1010
`Page 003
`
`

`

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`Based on information and belief, SMR USA manufactures infringing products and
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`components in the State of Michigan, which it imports and/or causes to be imported into
`
`this Judicial District. Based on information and belief, SMR USA imports, causes to be
`
`imported, uses, causes to be used, manufactures, causes to be manufactured, sells, causes
`
`to sell, offers for sale, causes to be offered for sale, causes supply of, and/or supplies
`
`infringing products and components in and into the United States, including within this
`
`Judicial District. Based on information and belief, SMR Reflectec senior management
`
`representative Cezary (“Char”) Zawadzinski and SMG management representative
`
`Andreas Heuser, are officers and/or directors of SMR USA. See Exhibit A.
`
`7.
`
`Upon information and belief, SMR Automotive Mirrors UK Limited (“SMR UK”) is a
`
`foreign corporation with a place of business in Porchester, England. Based on
`
`information and belief, SMR UK operates as an indirect subsidiary of, and is controlled
`
`by, SMR Reflectec, and is directly held and controlled by SMR Holdings UK as indicated
`
`in Paragraph 5. Based on information and belief, SMR UK manufactures infringing
`
`products and components, which it imports and/or causes to be imported into the United
`
`States, including within this Judicial District. Based on information and belief, SMR UK
`
`imports, causes to be imported, uses, causes to be used, manufactures, causes to be
`
`manufactured, sells, causes to sell, offers for sale, causes to be offered for sale, causes
`
`supply of, and/or supplies infringing products and components in and into the United
`
`States, including within this Judicial District. Based on information and belief, SMR
`
`Reflectec senior management representative Char Zawadzinski and SMG management
`
`representative Andreas Heuser are directors of SMR UK. See Exhibit B.
`
`
`
`4
`
`SMR USA
`Exhibit 1010
`Page 004
`
`

`

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`8.
`
`Upon information and belief, SMR Mirrors UK Limited (“SMR Mirrors UK”) is a
`
`foreign corporation with a place of business in England. Based on information and
`
`belief, SMR Mirrors UK operates as an indirect subsidiary of, and is controlled by, SMR
`
`Reflectec. Based on information and belief, SMR Mirrors UK manufactures infringing
`
`products and components, which it imports and/or causes to be imported into the United
`
`States, including within this Judicial District. Based on information and belief, SMR
`
`Mirrors UK imports, causes to be imported, uses, causes to be used, manufactures, causes
`
`to be manufactured, sells, causes to sell, offers for sale, causes to be offered for sale,
`
`causes supply of, and/or supplies infringing products and components in and into the
`
`United States, including within this Judicial District. Based on information and belief,
`
`SMR Reflectec senior management representative Char Zawadzinski and SMG
`
`management representative Andreas Heuser are directors of SMR Mirrors UK. See
`
`Exhibit C.
`
`9.
`
`Upon information and belief, SMR Automotive Mirror Parts and Holdings UK Limited
`
`(“SMR Holdings UK”) is a foreign corporation with a place of business in England.
`
`Based on information and belief, SMR Holdings UK operates as a direct subsidiary of,
`
`and is controlled and held by SMR Reflectec as indicated in Paragraph 5. Based on
`
`information and belief, SMR Holdings UK manufactures infringing products and
`
`components, which it imports and/or causes to be imported into the United States,
`
`including within this Judicial District. Based on information and belief, SMR Holdings
`
`UK imports, causes to be imported, uses, causes to be used, manufactures, causes to be
`
`manufactured, sells, causes to sell, offers for sale, causes to be offered for sale, causes
`
`supply of, and/or supplies infringing products and components in and into the United
`
`
`
`5
`
`SMR USA
`Exhibit 1010
`Page 005
`
`

`

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`States, including within this Judicial District. Based on information and belief, SMR
`
`Reflectec senior management representative Char Zawadzinski and SMG management
`
`representative Andreas Heuser are directors of SMR Holdings UK. See Exhibit D.
`
`10. Upon information and belief, SMR Automotive Mirrors Stuttgart GmbH (“SMR
`
`Germany”) is a foreign corporation with a place of business located in or at Stuttgart,
`
`Germany. Based on information and belief, SMR Germany operates as an indirect
`
`subsidiary of, and is controlled by, SMR Reflectec, and is directly held and controlled by
`
`SMR Holding Deutschland as indicated in Paragraph 5. Based on information and belief,
`
`SMR Germany manufactures infringing products and components, which it imports
`
`and/or causes to be imported into the United States, including within this Judicial
`
`District. Based on information and belief, SMR Germany imports, causes to be imported,
`
`uses, causes to be used, manufactures, causes to be manufactured, sells, causes to sell,
`
`offers for sale, causes to be offered for sale, causes supply of, and/or supplies infringing
`
`products and components in and into the United States, including within this Judicial
`
`District. Based on information and belief, SMG management representative Andreas
`
`Heuser is a managing director of SMR Germany. See Exhibit E.
`
`11. Upon information and belief, SMR Automotive Mirror Systems Holding Deutschland
`
`GmbH (“SMR Holding Deutschland”) is a foreign corporation with a place of business
`
`located in or at Stuttgart, Germany. Based on information and belief, SMR Holding
`
`Deutschland operates as an indirect subsidiary of, and is controlled by, SMR Reflectec,
`
`and is directly held and controlled by SMR Holdings UK as indicated in Paragraph 5.
`
`Based on information and belief, SMR Holding Deutschland manufactures infringing
`
`products and components, which it imports and/or causes to be imported into the United
`
`
`
`6
`
`SMR USA
`Exhibit 1010
`Page 006
`
`

`

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`States, including within this Judicial District. Based on information and belief, SMR
`
`Holding Deutschland imports, causes to be imported, uses, causes to be used,
`
`manufactures, causes to be manufactured, sells, causes to sell, offers for sale, causes to be
`
`offered for sale, causes supply of, and/or supplies infringing products and components in
`
`and into the United States, including within this Judicial District. Based on information
`
`and belief, SMG management representative Andreas Heuser is a managing director of
`
`SMR Holding Deutschland. See Exhibit F.
`
`12. Upon information and belief, SMR Automotive Vision Systems Mexico, S.A. de C.V.
`
`(“SMR Mexico”) is a foreign corporation with a place of business located at Circuito
`
`Mexico #260 Parque, Ind Tres Naciones, San Luis Potosi, Mexico 78395. Based on
`
`information and belief, SMR Mexico operates as an indirect subsidiary of, and is
`
`controlled by, SMR Reflectec, and is directly held and controlled by SMR Stuttgart as
`
`indicated in Paragraph 5. Based on information and belief, SMR Mexico manufactures
`
`infringing products and components, which it imports and/or causes to be imported into
`
`the United States, including within this Judicial District. Based on information and
`
`belief, SMR Mexico imports, causes to be imported, uses, causes to be used,
`
`manufactures, causes to be manufactured, sells, causes to sell, offers for sale, causes to be
`
`offered for sale, causes supply of, and/or supplies infringing products and components in
`
`and into the United States, including within this Judicial District. Based on information
`
`and belief, SMR Reflectec senior management representative Char Zawadzinski and
`
`SMG management representative Andreas Heuser are directors of SMR Mexico. See
`
`Exhibit G.
`
`
`
`7
`
`SMR USA
`Exhibit 1010
`Page 007
`
`

`

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`13. Upon information and belief, SMR Automotive Servicios Mexico, S.A. de C.V. (held by
`
`SMR Mexico) (“SMR Servicios Mexico”) is a foreign corporation with a place of
`
`business located in Mexico. Based on information and belief, SMR Servicios Mexico
`
`operates as an indirect subsidiary of, and is controlled by, SMR Reflectec, and is directly
`
`held and controlled by SMR Mexico as indicated in Paragraph 5. Based on information
`
`and belief, SMR Servicios Mexico manufactures infringing products and components,
`
`which it imports and/or causes to be imported into the United States, including within this
`
`Judicial District. Based on information and belief, SMR Servicios Mexico imports,
`
`causes to be imported, uses, causes to be used, manufactures, causes to be manufactured,
`
`sells, causes to sell, offers for sale, causes to be offered for sale, causes supply of, and/or
`
`supplies infringing products and components in and into the United States, including
`
`within this Judicial District. Based on information and belief, SMR Reflectec senior
`
`management representative Char Zawadzinski and SMG management representative
`
`Andreas Heuser are directors of SMR Servicios Mexico. See Exhibit H.
`
`14. Upon information and belief, SMR Reflectec, SMR USA, SMR UK, SMR Mirrors UK,
`
`SMR Holdings UK, SMR Germany, SMR Holding Deutschland, SMR Mexico, SMR
`
`Servicios Mexico, and other SMR Reflectec subsidiaries, work collaboratively to
`
`develop, manufacture, market and/or sell rear vision systems for the international
`
`automotive industry. See Exhibit I.
`
`15. By way of further example, Exhibit I states “SMR Group produces a wide range of rear
`
`view vision systems primarily for light vehicles. SMR is a leading global supplier of
`
`exterior mirrors having its headquarters in Stuttgart, Germany. SMR operated 20
`
`manufacturing facilities and 2 module centres with presence in 14 countries.”
`
`
`
`8
`
`SMR USA
`Exhibit 1010
`Page 008
`
`

`

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`16. The Defendants SMR Reflectec, SMR USA, SMR UK, SMR Mirrors UK, SMR
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`Holdings UK, SMR Germany, SMR Holding Deutschland, SMR Mexico, SMR Servicios
`
`Mexico, and other SMR Reflectec subsidiaries shall hereinafter be referred to
`
`collectively as “SMR” or “the SMR Defendants” or “Defendants”.
`
`17. The SMR Defendants are further identified and described on SMR’s website, as shown in
`
`Exhibit J.
`
`18. The SMR Defendants, upon information and belief, do business within the State of
`
`Michigan and within the Western District of Michigan, and are engaged in continuous
`
`and systematic business within the Western District of Michigan, including the
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`commission of acts of infringement as hereinafter stated.
`
`19. Upon information and belief, the SMR Defendants collaborate to design, engineer, make,
`
`use, cause to be used, sell, offer to sell, validate, distribute, supply, cause to be supplied,
`
`cause to be imported, and/or import automotive exterior rearview mirror systems, and
`
`assemblies and components thereof, for all types of vehicles in and into the United States,
`
`including within this Judicial District, including automotive exterior rearview mirror
`
`systems, assemblies and components that infringe Magna Mirrors’ intellectual property
`
`rights.
`
`JURISDICTION AND VENUE
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`20. Magna Mirrors repeats and re-alleges the allegations contained in Paragraphs 1-19 above
`
`as if fully set forth herein.
`
`21.
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`This action arises under the patent laws of the United States, Title 35, Sections 101 and
`
`271, of the United States Code.
`
`
`
`9
`
`SMR USA
`Exhibit 1010
`Page 009
`
`

`

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`22.
`
`This Court has jurisdiction over the subject matter of this action pursuant to 28 U.S.C. §§
`
`1331 and 1338(a).
`
`23.
`
`Upon information and belief, this Court has personal jurisdiction over the Defendants
`
`because they regularly and continuously engage in substantial business transactions in the
`
`State of Michigan, including the Western District of Michigan, and have used and/or
`
`have caused use of infringing products and/or have committed infringing acts in the State
`
`of Michigan, including this Judicial District. Further, they have placed infringing
`
`products into the stream of commerce knowing and intending that this Judicial District
`
`was and is a likely destination of those products. This Court has personal jurisdiction
`
`over the Defendants because they have caused injury to Plaintiff in this Judicial District.
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`Further, based upon information and belief, Defendants have substantial contacts with
`
`this forum as a result of pervasive business activities conducted within the State of
`
`Michigan and within this Judicial District, including but not limited to selling, offering
`
`for sale, use, causing use, and/or procurement of infringing automotive exterior rearview
`
`mirror systems, and assemblies and components thereof.
`
`24.
`
`Upon information and belief, this Court also has personal jurisdiction over SMR USA by
`
`virtue of it being incorporated or organized in Michigan and doing business in the State
`
`of Michigan.
`
`25.
`
`Upon information and belief, SMR USA maintains an office in Michigan at 1855 Busha
`
`Highway, Marysville, Michigan 48040.
`
`26.
`
`Venue is proper in this Judicial District pursuant to 28 U.S.C. §§ 1391 and 1400 because,
`
`among other things, Defendants are subject to personal jurisdiction in this Judicial
`
`District, have committed acts of patent infringement in this Judicial District, and continue
`
`
`
`10
`
`SMR USA
`Exhibit 1010
`Page 010
`
`

`

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`to commit acts of infringement in this Judicial District. Moreover, SMR USA is a
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`resident of this Judicial District by virtue of its being incorporated or organized in
`
`Michigan.
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`PATENTS-IN-SUIT
`
`27. Magna Mirrors repeats and re-alleges the allegations contained in Paragraphs 1-26 above
`
`as if fully set forth herein.
`
`28.
`
`On May 3, 2011, the United States Patent and Trademark Office (“PTO”) duly and
`
`legally issued United States Patent No. 7,934,843 (the “’843 patent”), entitled “Exterior
`
`Sideview Mirror System.” A true and correct copy of the ‘843 patent is attached as
`
`Exhibit K and is made a part of this Second Amended Complaint.
`
`29. On March 6, 2012, the PTO duly and legally issued United States Patent No. 8,128,243
`
`(the “’243 patent”), entitled “Exterior Sideview Mirror System.” A true and correct copy
`
`of the ’243 patent is attached as Exhibit L and is made a part of this Second Amended
`
`Complaint.
`
`30. On March 6, 2012, the PTO duly and legally issued United States Patent No. 8,128,244
`
`(the “’244 patent”), entitled “Exterior Sideview Mirror System.” A true and correct copy
`
`of the ‘244 patent is attached as Exhibit M and is made a part of this Second Amended
`
`Complaint.
`
`31. On April 3, 2012, the PTO duly and legally issued United States Patent No. 8,147,077
`
`(the “’077 patent”), entitled “Exterior Sideview Mirror System.” A true and correct copy
`
`of the ‘077 patent is attached as Exhibit N and is made a part of this Second Amended
`
`Complaint.
`
`
`
`11
`
`SMR USA
`Exhibit 1010
`Page 011
`
`

`

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`32. On September 18, 2012, the PTO duly and legally issued United States Patent No.
`
`8,267,534 (the “’534 patent”), entitled “Exterior Rearview Mirror Assembly.” A true and
`
`correct copy of the ‘534 patent is attached as Exhibit O and is made a part of this Second
`
`Amended Complaint.
`
`33. On October 8, 2013, the PTO duly and legally issued United States Patent No. 8,550,642
`
`(the “’642 patent”), entitled “Exterior Rearview Mirror Assembly.” A true and correct
`
`copy of the ‘642 patent is attached as Exhibit P and is made a part of this Second
`
`Amended Complaint.
`
`34. On November 26, 2013, the PTO duly and legally issued United States Patent No.
`
`8,591,047 (the “’047 patent”), entitled “Exterior Sideview Mirror Assembly.” A true and
`
`correct copy of the ‘047 patent is attached as Exhibit Q and is made a part of this Second
`
`Amended Complaint.
`
`35. On July 22, 2014, the PTO duly and legally issued United States Patent No. 8,783,882
`
`(the “’882 patent”), entitled “Extended Field of View Exterior Mirror Element for
`
`Vehicle.” A true and correct copy of the ‘882 patent is attached as Exhibit R and is made
`
`a part of this Second Amended Complaint.
`
`36. On December 2, 2014, the PTO duly and legally issued United States Patent No.
`
`8,899,762 (the “’762 patent”), entitled “Vehicular Exterior Sideview Mirror System with
`
`Extended Field of View.” A true and correct copy of the ‘762 patent is attached as
`
`Exhibit S and is made a part of this Second Amended Complaint.
`
`37. On July 4, 2017, the PTO duly and legally issued United States Patent No. 9,694,750 (the
`
`“’750 patent”), entitled “Extended Field of View Exterior Mirror Element for Vehicle.”
`
`
`
`12
`
`SMR USA
`Exhibit 1010
`Page 012
`
`

`

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`A true and correct copy of the ’750 patent is attached as Exhibit T and is made a part of
`
`this Second Amended Complaint.
`
`38. The United States Patents identified in Paragraphs 28 through 37 above are collectively
`
`referred to herein as the “Patents-in-Suit” or the “WideVue™ Patents.”
`
`39. The Patents-in-Suit are related patents claiming priority to the same date and are directed,
`
`inter alia, to automotive exterior rearview mirror systems incorporating auxiliary curved
`
`mirror reflective elements (and assemblies and components thereof).
`
`40. Magna Mirrors was the assignee of all right, title, and interest in the Patents-in-Suit
`
`throughout the period of the Defendants’ infringement and is currently the assignee of all
`
`right, title, and interest in the Patents-in-Suit, including the right to bring and maintain
`
`this action with respect to the Patents-in-Suit.
`
`BACKGROUND ALLEGATIONS
`
`41. Magna Mirrors repeats and re-alleges the allegations contained in Paragraphs 1-40 above
`
`as if fully set forth herein.
`
`42. Magna Mirrors has numerous patents in the United States relating to automotive exterior
`
`rearview mirror systems (and assemblies and components thereof) incorporating auxiliary
`
`curved mirror reflective elements that increase the rearward field of view of a driver of an
`
`equipped vehicle and that minimize and/or reduce the driver’s blind spot.
`
`43. Magna Mirrors owns all rights, title and interest in the Patents-in-Suit.
`
`44.
`
`Defendants are manufacturers, distributors and marketers of automotive components,
`
`including automotive exterior rearview mirror systems, and assemblies and components
`
`thereof, for all types of vehicles, including but not limited to the reflective element
`
`
`
`13
`
`SMR USA
`Exhibit 1010
`Page 013
`
`

`

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`assemblies incorporated into automotive exterior rearview mirror systems and shown in
`
`Figs. 1-19 in paragraph 47 below.
`
`45.
`
`On information and belief, SMR supplies or has supplied, for production and/or service
`
`part purposes, infringing automotive exterior rearview mirror systems (and assemblies
`
`and components thereof) for vehicles (“Accused Products”). On information and belief,
`
`the Accused Products include, but are not limited to, exterior rearview mirror systems
`
`(and assemblies and components thereof) that SMR supplies or has supplied for at least:
`
`the 2016 model year Ford Fusion vehicles, 2016 model year Ford Transit Connect
`
`vehicles and 2014 model year Ford Econoline vehicles; 2016 model year Fiat 500
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`vehicles; 2016 model year Hyundai Santa Fe vehicles, 2016 model year Hyundai Sonata
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`vehicles and 2016 model year Hyundai Elantra vehicles; 2017 model year Nissan Titan
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`vehicles; and 2012 model year Chevrolet Traverse vehicles; such infringing automotive
`
`exterior rearview mirror systems (and assemblies and components thereof) being defined
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`respectively as “SMR Fusion Mirror”, “SMR Ford Transit Connect Mirror”, “SMR Ford
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`Econoline Mirror”, “SMR Fiat 500 Mirror”, “SMR Hyundai Santa Fe Mirror”, “SMR
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`Hyundai Sonata Mirror”, “SMR Hyundai Elantra Mirror”, “SMR Titan Mirror, and
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`“SMR Traverse Mirror”.
`
`46.
`
`Based upon information and belief, SMR is making, using, causing to be used, selling,
`
`offering to sell, distributing, supplying, causing supply of, causing to be imported, and/or
`
`importing Accused Products at least for or to the Ford Motor Company, Fiat Automobiles
`
`S.p.A., Hyundai Motor Company, General Motors Co., and Nissan North America, Inc.,
`
`or one of their respective affiliates.
`
`
`
`14
`
`SMR USA
`Exhibit 1010
`Page 014
`
`

`

`Case 1:17-cv-00077-RJJ-PJG ECF No. 69 filed 08/17/17 PageID.3879 Page 15 of 81
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`47.
`
`Based upon information and belief, the SMR Defendants design, engineer, make,
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`validate, use, cause to be used, sell, offer to sell, cause to be imported, and/or import in
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`and into the United States automotive exterior rearview mirror systems incorporating
`
`auxiliary curved mirror reflective elements, and assemblies and components thereof,
`
`including the Accused Products (including but not limited to the mirror reflective
`
`elements in Figs. 1-19 below) that embody one or more claims of each of the Patents-in-
`
`Suit, and SMR will continue to do so unless enjoined by this Court.
`
`Figure 1 – SMR Hyundai Sonata Reflective Elements
`
`
`
`
`
`15
`
`
`
`SMR USA
`Exhibit 1010
`Page 015
`
`

`

`Case 1:17-cv-00077-RJJ-PJG ECF No. 69 filed 08/17/17 PageID.3880 Page 16 of 81
`
`Figure 2 – SMR Hyundai Sonata Reflective Elements
`
`
`
`Figure 3 – SMR Hyundai Sonata Backing Plate
`
`Figure 4 – SMR Ford Fusion Reflective Elements
`
`
`
`
`
`
`
`
`
`16
`
`SMR USA
`Exhibit 1010
`Page 016
`
`

`

`Case 1:17-cv-00077-RJJ-PJG ECF No. 69 filed 08/17/17 PageID.3881 Page 17 of 81
`
`Figure 5 – SMR Ford Fusion Reflective Elements
`
`Figure 6 – SMR Ford Fusion Backing Plate
`
`
`
`
`
`Figure 7 – SMR Nissan Titan Reflective Elements
`
`
`
`
`
`
`
`17
`
`SMR USA
`Exhibit 1010
`Page 017
`
`

`

`Case 1:17-cv-00077-RJJ-PJG ECF No. 69 filed 08/17/17 PageID.3882 Page 18 of 81
`
`Figure 8 - SMR Nissan Titan Reflective Elements
`
`
`
`Figure 9 – SMR Nissan Titan Backing Plate
`
`
`
`
`
`
`
`18
`
`SMR USA
`Exhibit 1010
`Page 018
`
`

`

`Case 1:17-cv-00077-RJJ-PJG ECF No. 69 filed 08/17/17 PageID.3883 Page 19 of 81
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`Figure 10 – SMR Nissan Titan Backing Plate
`
`Figure 11 – SMR Traverse Reflective Elements
`
`
`
`
`
`
`
`
`
`19
`
`SMR USA
`Exhibit 1010
`Page 019
`
`

`

`Case 1:17-cv-00077-RJJ-PJG ECF No. 69 filed 08/17/17 PageID.3884 Page 20 of 81
`
`Figure 12 – SMR Traverse Reflective Elements
`
`
`
`Figure 13 – SMR Traverse Backing Plate
`
`
`
`
`
` Figure 14 - SMR Ford Transit Connect Reflective Elements
`
`
`
`20
`
`
`
`SMR USA
`Exhibit 1010
`Page 020
`
`

`

`Case 1:17-cv-00077-RJJ-PJG ECF No. 69 filed 08/17/17 PageID.3885 Page 21 of 81
`
`Figure 15 – SMR Ford Transit Connective Reflective Elements
`
`
`
`Figure 16 - SMR Ford Transit Connective Backing Plate
`
`
`
`
`
`21
`
`SMR USA
`Exhibit 1010
`Page 021
`
`

`

`Case 1:17-cv-00077-RJJ-PJG ECF No. 69 filed 08/17/17 PageID.3886 Page 22 of 81
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`Figure 17 – SMR Fiat 500 Reflective Elements
`
`
`
`
`
`Figure 18 – SMR Fiat 500 Reflective Elements
`
`
`
`22
`
`
`
`SMR USA
`Exhibit 1010
`Page 022
`
`

`

`Case 1:17-cv-00077-RJJ-PJG ECF No. 69 filed 08/17/17 PageID.3887 Page 23 of 81
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`Figure 19 – SMR Fiat 500 Backing Plate
`
`
`
`48.
`
`The SMR defendants are part of a sophisticated family of companies that is aware of the
`
`intellectual property rights of others in the relevant automotive industry. Upon
`
`information and belief, SMR regularly conducts searches for patents related to its
`
`products. Also based upon information and belief, and as reflected on the USPTO
`
`website
`
`http://patft.uspto.gov/netacgi/nph-
`
`Parser?Sect1=PTO2&Sect2=HITOFF&u=%2Fnetahtml%2FPTO%2Fsearch-
`
`adv.htm&r=0&f=S&l=50&d=PTXT&p=2&S1=((smr.ASNM.+NOT+corporation.ASNM
`
`.)+NOT+inc.ASNM.)&Page=Next&OS=an/smr+andnot+an/corporation+andnot+an/inc
`
`&RS=((AN/smr+ANDNOT+AN/corporation)+ANDNOT+AN/inc), SMR has secured
`
`its own patents related to mirror assemblies for vehicles and is, therefore, knowledgeable
`
`and well aware of the patent landscape among its competitors. Thus, a reasonable
`
`inference is that SMR is aware of the Patents-in-Suit. Magna Mirrors asserts that this
`
`reasonable inference is true.
`
`49. Magna Mirrors prominently marks
`
`its automotive exterior mirror assemblies
`
`incorporating auxiliary curved mirror reflective elements with Patents-in-Suit, including
`
`
`
`23
`
`SMR USA
`Exhibit 1010
`Page 023
`
`

`

`Case 1:17-cv-00077-RJJ-PJG ECF No. 69 filed 08/17/17 PageID.3888 Page 24 of 81
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`the ‘843 patent, the ‘243 patent, ‘244 patent, the ‘077 patent, the ‘534 patent, the ‘047
`
`patent, the ‘882 patent, and the ‘762 patent. Thus, Magna Mirrors hereby asserts that
`
`there is a reasonable inference that SMR has had knowledge of one or more of the
`
`Patents-in-Suit prior to the filing of the original Complaint, as amended by the First
`
`Amended Complaint and this Second Amended Complaint. Magna Mirrors asserts that
`
`this reasonable inference is true.
`
`50. At least as early as February 15, 2012, SMR has had knowledge of Patents-in-Suit and its
`
`infringement thereof. Magna Mirrors has had meetings with, and transmitted email
`
`communications to SMG management representative Andreas Heuser, and subsequently
`
`to SMR’s Chief Operating Officer Char Zawadzinski and to SMR’s Technical Director
`
`Intellectual Property, Global Intellectual Property, identifying certain Patents-in-Suit and
`
`detailing SMR’s infringement of those Patents-in-Suit. Thus, SMR has had actual
`
`knowledge of Patents-in-Suit, and of SMR’s infringement thereof, prior to the filing of
`
`the original Complaint, as amended by the First Amended Complaint and this Second
`
`Amended Complaint.
`
`51.
`
`Therefore, SMR has had knowledge of the Patents-in-Suit, and of SMR’s infringement of
`
`the Patents-in-Suit, for years.
`
`COUNT 1- DIRECT INFRINGEMENT OF THE ‘843 PATENT
`(VIOLATION OF 35 U.S.C. §§ 101 AND 271)
`
`52. Magna Mirrors repeats and re-alleges the allegations contained in Paragraphs 1-51 above
`
`as if fully set forth herein.
`
`53.
`
`SMR has infringed, either literally and/or under the doctrine of equivalents, one or more
`
`claims of the ’843 patent and continues to infringe in this Judicial District, by making,
`
`using, selling, offering for sale and/or importing into the United States the Accused
`
`
`
`24
`
`SMR USA
`Exhibit 1010
`Page 024
`
`

`

`Case 1:17-cv-00077-RJJ-PJG ECF No. 69 filed 08/17/17 PageID.3889 Page 25 of 81
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`Products, including, but not limited to the SMR Fusion Mirror, SMR Ford Transit
`
`Connect Mirror, SMR Ford Econoline Mirror, SMR Fiat 500 Mirror, SMR Hyundai
`
`Santa Fe Mirror, SMR Hyundai Sonata Mirror, and SMR Hyundai Elantra Mirror, SMR
`
`Titan Mirror, and SMR Traverse Mirror (collectively the “SMR Mirrors”) without the
`
`permission of Magna Mirrors.
`
`54. With knowledge of the ‘843 patent, SMR has infringed and continues to infringe claims
`
`of the ‘843 patent un