Case 2:18-cv-00320-MSD-LRL Document 31 Filed 11/01/18 Page 1 of 40 PageID# 157
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF VIRGINIA
`NORFOLK DIVISION
`
`JAGUAR LAND ROVER LIMITED,
`
`Plaintiff,
`
`v.
`
`CASE NO. 2:18cv320
`
`BENTLEY MOTORS LIMITED, and
`BENTLEY MOTORS, INC.,
`
`JURY TRIAL DEMANDED
`
`Defendants.
`
`AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`
`Pursuant to Fed. R. Civ. P. 15(a)(1)(B), Plaintiff, Jaguar Land Rover Limited (“JLR”), by
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`and through their undersigned counsel, hereby brings this Amended Complaint to protect JLR’s
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`patented and award-winning Terrain Response® technologies from infringement by Defendants
`
`Bentley Motors Limited and Bentley Motors, Inc. (collectively “Bentley” or “Defendants”). JLR
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`alleges as follows:
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`NATURE OF ACTION
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`1.
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`This is a civil action for infringement. This action is based upon the patent laws
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`of the United States, 35 U.S.C. § 1 et seq.
`
`THE PARTIES
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`2.
`
`Plaintiff JLR is incorporated and registered in England and Wales, having a
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`principal place of business at Abbey Road, Whitley, Coventry, CV3 4LF, United Kingdom.
`
`Jaguar Land Rover Ltd.
`Exhibit 2003
`Bentley v. Jaguar
`IPR2019-01502
`
`Ex. 2003-0001
`
`

`

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`3.
`
`On information and belief, Bentley Motors Limited is incorporated and registered
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`in England and Wales, having a principal place of business at Pyms Lane, Crewe, Cheshire,
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`CW1 3PL, United Kingdom.
`
`4.
`
`On information and belief, Bentley Motors, Inc. is organized and existing under
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`the laws of the State of Delaware having a principal place of business at 2200 Ferdinand Porsche
`
`Drive, Herndon, VA 20171, USA.
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`JURISDICTION AND VENUE
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`5.
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`This Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331 and
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`1338(a) because this action arises under the Patent Laws of the United States, Title 35, United
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`States Code, including 35 U.S.C. § 271 et seq.
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`6.
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`This Court has personal jurisdiction over Defendants by virtue of the activities
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`Defendants conduct within the State of Virginia. On information and belief, Bentley Motors,
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`Inc. has a principal place of business in Virginia. Bentley Motors, Inc. is the national sales
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`company for, and a wholly owned subsidiary of, Bentley Motors Limited. On information and
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`belief, Bentley Motors Limited, directly or through subsidiaries, imports, manufactures, uses,
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`sells, or offers to sell its products within the State of Virginia. Defendants market and sell cars,
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`including the Bentley Bentayga, in the State of Virginia. See, e.g., Bentayga, Bentley Tysons,
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`available at https://tysons.bentleymotors.com/us/en/bentley/info/bentayga (last visited June 14,
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`2018). Defendants conduct continuous and systemic parts of their business within the State.
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`7.
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`Venue is proper in this District pursuant to 28 U.S.C. §§ 1331, 1338(a), 1391(b),
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`(c) and (d) and 1400(b).
`
`2
`
`Ex. 2003-0002
`
`

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`Case 2:18-cv-00320-MSD-LRL Document 31 Filed 11/01/18 Page 3 of 40 PageID# 159
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`THE ASSERTED PATENT
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`8.
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`On May 8, 2018, the USPTO, after full and fair examination, duly and legally
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`issued U.S. Patent No. RE46,828 (“the ’828 patent”) entitled “Vehicle Control.”
`
`9.
`
`JLR holds all right, title, and interest in the ’828 patent with full rights to enforce
`
`the same and to sue and recover for past, present, and future infringement. A true and correct
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`copy of the ’828 patent is attached at Exhibit A.
`
`10.
`
`The ’828 patent is a reissue of U.S. Patent No. 7,349,776 (“the ’776 patent”).
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`JLR held all right, title, and interest in the ’776 patent. A true and correct copy of the ’776
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`patent is attached at Exhibit B.
`
`11.
`
`Bentley became aware of the ’776 patent at least as early as February 5, 2016. On
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`February 5, 2016, JLR sent a letter to Bentley identifying that the Bentley Bentayga having a
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`“Driver Assistance” system infringes the ’776 patent.
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`12.
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`On or about February 5, 2018, representatives from JLR met with representatives
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`from Bentley, and informed Bentley that JLR had received a Notice of Allowance for the ’828
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`patent and expected it to be granted shortly.
`
`13.
`
`On May 24, 2018, JLR sent a letter to Bentley indicating that the ’828 patent had
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`issued on May 8, 2018, and reiterating that the Bentley Bentayga infringes.
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`JLR’s PATENTED TERRAIN RESPONSE® TECHNOLOGY
`
`14.
`
`For almost seventy years, JLR has manufactured and sold some of the most
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`innovative and technologically advanced four-wheel drive Sports Utility Vehicles (SUVs) in the
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`world. This rich history of innovation continues today and is reflected in JLR’s current line-up
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`of award winning SUVs: Jaguar F-Pace, Land Rover Discovery Sport, Land Rover Discovery,
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`Range Rover Evoque, Range Rover Velar, Range Rover Sport, and The Range Rover.
`
`3
`
`Ex. 2003-0003
`
`

`

`Case 2:18-cv-00320-MSD-LRL Document 31 Filed 11/01/18 Page 4 of 40 PageID# 160
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`15.
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`Among the groundbreaking technologies in these vehicles are JLR’s patented
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`Terrain Response® technologies.
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`16.
`
`JLR’s Terrain Response® technology electronically controls various vehicle
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`subsystems (for example, but not limited to, the engine, the transmission, the brakes, the traction
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`control, the suspension and the steering) to operate in a manner that is suitable for driving on a
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`particular off-road surface. A driver-operable input permits the driver to select from a plurality
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`of off-road driving surfaces, such as Grass/Gravel/Snow, Mud and Ruts, Sand, and Rocks, and
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`the Terrain Response® controller instructs each of the subsystems to operate in a manner or
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`mode that is suitable for driving on the selected surface. Unlike prior driving-mode systems,
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`JLR’s patented Terrain Response® technology provides multiple off-road driving surface modes,
`
`and controls multiple subsystems to operate differently depending on the selected surface. See
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`Exhibit C, Technology Guide: Terrain Response, Land Rover (July 27, 2015), available at
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`https://www.landrover.co.uk/explore-land-rover/one-life/technology/technology-guide-terrain-
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`response.html.
`
`17.
`
`JLR’s Terrain Response® enables the vehicle driver to optimize operation of the
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`subsystems and negotiate different terrains, which permits safer and more effective vehicle
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`progression when driving off-road.
`
`18.
`
`In developing the Terrain Response® technology, JLR footprinted 50 differing
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`surface conditions around the world. Exhibit D, Kevin, Hepworth, First Drive, The Daily
`
`Telegraph (Sydney, Australia) (October 9, 2004).
`
`19.
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`JLR’s Terrain Response® technology has received significant recognition in the
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`automotive industry. For example, in 2008, Terrain Response® won the prestigious Queen’s
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`Award for Innovation. Exhibit E, Land Rover Wins Two Queen’s Awards, The Manufacturer
`
`4
`
`Ex. 2003-0004
`
`

`

`Case 2:18-cv-00320-MSD-LRL Document 31 Filed 11/01/18 Page 5 of 40 PageID# 161
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`(June 27, 2008), available at https://www.themanufacturer.com/articles/land-rover-wins-two-
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`queens-awards/.
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`20.
`
`JLR’s Terrain Response® technology has been included as a standard or cost-
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`option feature across several of JLR’s vehicles since 2008. Terrain Response® is currently a
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`standard feature on the Land Rover Discovery Sport, Land Rover Discovery, Range Rover
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`Evoque, Range Rover Velar, Range Rover Sport, and Range Rover.
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`21.
`
`JLR’s Terrain Response® technology embodies the ’828 patent.
`
`22.
`
`The ’828 patent is a technological improvement to vehicle control systems—it
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`reduces complexity of the vehicle control system to the user and obviates the need for the user to
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`provide specific configurations for each vehicle subsystem, while improving performance and
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`effectiveness of each of the various vehicle subsystems and the overall control and safety of the
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`vehicle. The ’828 patent further expands the operating envelope of the vehicle providing preset
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`configurations of various subsystems without constraining the driver to conventional parameters
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`for a vehicle driving on-road and off-road.
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`23.
`
`Prior to the ’828 patent, conventional systems were deficient because they could
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`only be used by sophisticated drivers who knew the appropriate configurations of various
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`subsystems to use in order to control off-road driving and on particular driving surfaces.
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`Because these conventional systems required sophisticated drivers to manually operate the
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`subsystems one at a time, less experienced drivers could not get the same benefits and safety
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`from optimizing control of subsystems based on driving surface. And even sophisticated drivers
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`were limited in the number of vehicle control systems they could manipulate at one time. ’828
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`patent at 1:18-40.
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`5
`
`Ex. 2003-0005
`
`

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`24.
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`Further, as “the number of controllable systems increases, the driver will become
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`faced with an increasing number of choices as to which configuration modes to select for each of
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`the systems.” ’828 patent at 1:36-39. This problem can cause driver confusion and would
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`require that even experienced drivers have knowledge of these additional controllable systems,
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`know the various configurations required to achieve optimal control on a particular driving
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`surface, and be able to quickly manipulate those systems to control the vehicle for driving on a
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`particular surface.
`
`25.
`
`The ’828 patent improves on the prior art. For example, GB2273580 teaches an
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`integrated control system to control and configure vehicle operating subsystems in response to
`
`control signals. However, “drivers often encounter a broad range of surfaces and terrains in both
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`on-road and off-road settings” and “the operating characteristics of such an integrated control
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`system does not provide the driver with the ability to provide direct input regarding the surface
`
`terrain in an attempt to better select the appropriate subsystem configuration modes.” ’828
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`patent at 1:49-55. For that and other reasons, the prior art “results in the less than optimal
`
`stability, handling, and safety performance of the vehicle.” Id. at 1:55-57.
`
`26.
`
`The ’828 patent provides specific solutions to this technological problem unique
`
`to vehicles by disclosing an improved vehicle control system that provides coordinated and
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`integrated control of a number of subsystems in a vehicle “and in particular in a plurality of
`
`different off-road surfaces and terrains such as might be encountered when driving off-road.”
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`’828 patent at 1:67-2:2. As one industry article described: “Electronics have allowed engineers
`
`to do many things – among them tune a vehicle for improved off-road performance. Perhaps the
`
`pinnacle of this evolution, to date, is Land Rovers’ Terrain Response System.” Exhibit F,
`
`Richard Russell, Seize Control of All Terrains, The Globe and Mail (May 19, 2005).
`
`6
`
`Ex. 2003-0006
`
`

`

`Case 2:18-cv-00320-MSD-LRL Document 31 Filed 11/01/18 Page 7 of 40 PageID# 163
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`27.
`
`Among other things, the claimed inventions of the ’828 patent improve vehicle
`
`control technology by simplifying the way a driver can control various subsystems and allowing
`
`the driver to provide direct input to achieve optimal stability, handling, and safety performance.
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`’828 patent at 1:55-57.
`
`28.
`
`Each of the claims of the ’828 patent further require limitations that, alone or in
`
`combination, are directed to inventive concepts that were unconventional and not well-known or
`
`routine. When the technology was introduced, there was “nothing like it on the market.” Exhibit
`
`G, Terrain Response, Land Rover Official Magazine, available at
`
`http://www.landroverofficialmagazine.com/issue01#!terrain-response.
`
`29.
`
`For example, claim 21 and its dependents are directed to a vehicle control system
`
`that optimizes control of the vehicle on a sand surface. When a vehicle is driven on sand, “the
`
`build up of matter in front of the wheels under braking can improve braking performance.” ’828
`
`patent at 4:54-56. Also, low wheel spin at low speeds “prevent the wheel from digging into the
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`sand” but high wheel spin at high speeds “are less of a problem and can even improve traction.”
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`’828 patent at 8:37-40. Accordingly, claim 21 and its dependents recite limitations that would
`
`capture these benefits through specific implementations that require “responsiveness to
`
`movement of the throttle pedal is lower at relatively low vehicle speeds than it is at higher
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`vehicle speeds” (claim 22), “allow[ing] lower levels of wheel spin when the vehicle is travelling
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`at lower speeds than when the vehicle is travelling at higher speeds” (claim 23), or a brake
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`subsystem which “is arranged to allow a relatively high degree of wheel slip under braking
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`relative to the on-road mode and/or a second off-road mode” (claim 24).
`
`30.
`
`As another example, claim 41 and its dependent are directed to a vehicle control
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`system that optimizes control through adjustment of the suspension system based on the
`
`7
`
`Ex. 2003-0007
`
`

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`Case 2:18-cv-00320-MSD-LRL Document 31 Filed 11/01/18 Page 8 of 40 PageID# 164
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`particular driving surface. Vehicle height affects wind resistance and stability. When traveling
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`at high speeds on flat surfaces with good levels of friction, a suspension ride height that “is set at
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`‘low’ for low wind resistance and good stability” is optimal. ’828 patent at 10:7-11.
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`Accordingly, claim 41 and its dependent recite limitations that would capture these benefits
`
`through specific implementations, such as requiring an off-road mode where “the suspension
`
`system is arranged to provide a higher ride height than in the on-road mode” (claim 42).
`
`31.
`
`By way of another example, claim 46 is directed to a vehicle control system that
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`optimizes control through adjustment of the speed control system. To provide maximum control
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`on hills, a vehicle has “the standard default target speed of 6 kph.” ’828 patent at 14:53-55.
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`Accordingly, claim 46 recites limitations that would capture this benefit through a specific
`
`implementation that requires a speed control system “arranged to control the speed of the vehicle
`
`when descending a hill” and “arranged to be switched on in at least one of the off-road modes
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`and switched off in the on-road mode.”
`
`32.
`
`In each claim, the claimed elements in combination result in a particular vehicle
`
`control system that is implemented in an unconventional and non-trivial manner, and which
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`require new vehicle designs. The claimed elements are not merely generic vehicle components,
`
`but require an inventive vehicle control system that is not standard and cannot be purchased off-
`
`the-shelf. These systems were not well-understood or routine. For example, claim 21 recites a
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`sand mode and claim 41 recites multiple off-road terrain modes with differing ride heights.
`
`33.
`
`In each claim, the claimed elements in combination are unconventional for the
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`additional reason that they form an inventive system that makes technical improvements to the
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`coordination of vehicle subsystems suitable for a particular driving surface. Each claim
`
`combines the claimed elements in an unconventional way to solve problems related to vehicle
`
`8
`
`Ex. 2003-0008
`
`

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`Case 2:18-cv-00320-MSD-LRL Document 31 Filed 11/01/18 Page 9 of 40 PageID# 165
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`performance on particular driving surfaces, to increase control of the vehicle on that particular
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`driving surface. As one article described when the technology was first introduced, the
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`technology “set new standards in off-road performance.” Exhibit H, Land Rover LR3 Wins
`
`Prestigious 2005 Motor Trend SUV of the Year, PRNewswire (October 27, 2004).
`
`34.
`
`In claim 21, the claimed elements in combination are not conventional, well-
`
`understood, or routine. For example, this claim requires “at least two off-road modes . . .
`
`wherein one of the off-road modes is a sand mode.” Prior art systems either required the driver
`
`to have knowledge of the optimal configurations for the subsystems for the vehicle to be driven
`
`on sand or provided automatic coordination of the subsystems which may not be able to
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`recognize the terrain as sand. The inventive combination of claim 21 improved existing vehicle
`
`control systems because it specifically allowed the driver to select the driving surface as sand to
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`more accurately arrange the subsystems for better performance and safety. The technology still
`
`provided the driver with ease of use, allowing the driver to select from an expanded operating
`
`envelope including at least two other road surface options which was not provided in prior art
`
`systems. As one article explained, the “system increases both its off-road worthiness and also
`
`the ease of use. . . . Terrain Response automatically optimizes the Range Rover’s sub-systems –
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`air suspension, Hill Descent Control, etc. – according to five settings [including] . . . sand.
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`Simply choose the setting that most suits the terrain and the Range Rover takes care of the rest.
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`Indeed, even after years of testing Range Rovers, I still marvel at how incredibly proficient the
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`ginormous sport-brute is off the beaten path.” Exhibit I, David Booth, 2007 Range Rover A
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`Masterpiece in the SUV Gallery, The Star Phoenix (February 2, 2007).
`
`35.
`
`In claim 24, the claimed elements in combination are not conventional, well-
`
`understood, or routine. For example, this claim requires “in the sand mode, the brake subsystem
`
`9
`
`Ex. 2003-0009
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`

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`Case 2:18-cv-00320-MSD-LRL Document 31 Filed 11/01/18 Page 10 of 40 PageID# 166
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`is arranged to allow a relatively high degree of wheel slip under braking relative to the on-road
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`mode and/or a second off-road mode.” Prior art systems required the driver to have knowledge
`
`of how to configure the brake subsystem to obtain the optimal performance in sand. The
`
`inventive combination of claim 41 allowed less sophisticated drivers to drive on sand simply by
`
`selecting preset configurations that can take advantage of the braking effect caused by building
`
`up of material in the front wheel, while stopping the brakes from overheating under a lower
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`braking intervention level that would cause the brakes to repeatedly actuate. This improved the
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`overall performance and safety of the vehicle, while increasing ease of use. One article notes:
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`“The Discovery 3 bristles with new technologies. . . . Terrain response [] automatically selects
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`the most appropriate settings for the vehicle’s advanced electronic controls and traction aids.”
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`Exhibit J, A New Age of Discovery, Gold Coast Bulletin (Australia) (November 17, 2004).
`
`36.
`
`In claim 41, the claimed elements in combination are not conventional, well-
`
`understood, or routine. For example, this claim requires “at least two off-road modes . . .
`
`wherein one of the subsystem is a suspension subsystem and, in a second off-road mode, the
`
`suspension system is arranged to provide a higher ride height than in a first off-road mode.”
`
`Prior art systems either required the driver to have knowledge of how the suspension subsystem
`
`impacts ground clearance and stability or coordinated the suspension subsystem with other
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`subsystems without direct input from the driver. The inventive combination of claim 41
`
`improves ease of use for the driver, while still optimizing performance and safety by allowing
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`the driver to adjust the off-road mode for better ground clearance and stability based on preset
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`options. As one article recognized: “The slick part is the programming that went into this.
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`Terrain response sets operating parameters for . . . suspension (firmness and ride height) . . .
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`[which] presets these parameters depending on conditions.” Exhibit F, Richard Russell, Seize
`
`10
`
`Ex. 2003-0010
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`

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`Case 2:18-cv-00320-MSD-LRL Document 31 Filed 11/01/18 Page 11 of 40 PageID# 167
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`Control of All Terrains, The Globe and Mail (May 19, 2005).
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` The system can “automatically
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`raise[] the suspension to increase ground clearance . . . to provide wider range of control in
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`anticipation of difficult conditions.” Id.
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`37.
`
`In claim 42, the claimed elements in combination are not conventional, well-
`
`understood, or routine. For example, this claim requires “in the first off-road mode, the
`
`suspension system is arranged to provide a higher ride height than in the on-road mode.” In prior
`
`art systems that coordinated the suspensions subsystem with other subsystems, the driver could
`
`not provide direct input on the particular driving surface. This limited the ability of the driver to
`
`adjust the ride height to a more appropriate setting. The inventive combination of claim 42
`
`allows the driver to select from at least three different ride heights based on the type of terrain.
`
`This increased ease of use by allowing the driver to adjust to the ride height without knowing the
`
`optimal height for a type of terrain, and improved safety and performance by allowing the driver
`
`to adjust the mode as appropriate.
`
`38.
`
`In claim 46, the claimed elements in combination are not conventional, well-
`
`understood, or routine. For example, this claim requires “at least two off-road modes . . .
`
`wherein one of the subsystems is a speed control system arranged to control the speed of the
`
`vehicle when descending a hill, and wherein the speed control system is arranged to be switched
`
`on in at least one of the off-road modes and switched off in the on-road mode.” Prior art systems
`
`either required the driver to have knowledge of the optimal speed for downhill descent (which
`
`differs depending on the terrain) or coordinated the speed control system with other subsystems
`
`without direct input from the driver (which may be unreliable descending down certain terrain
`
`such as sand). The inventive combination of claim 41 improved vehicle durability, for example,
`
`by preventing an inexperienced driver from wearing the brake pads by driving at non-optimal
`
`11
`
`Ex. 2003-0011
`
`

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`Case 2:18-cv-00320-MSD-LRL Document 31 Filed 11/01/18 Page 12 of 40 PageID# 168
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`speeds. Also, unlike prior art systems, this advanced technology also increased safety by
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`allowing the driver to adjust the mode to allow the vehicle control system to more accurately
`
`identify the optimal speed to descend down a hill without losing control of the vehicle. The
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`improved vehicle control system also lets the driver choose from multiple off-road options. For
`
`some slippery off-road terrain, controlling speed when descending down the hill is optimal
`
`because it increases the convenience for the driver and sets the default speed at the appropriate
`
`value for the surface. But for other off-road terrain such as sand, it may not be optimal to control
`
`the speed down the hill because the surface provides extra drag which will obviate that need.
`
`This combination of features also increased ease of use over prior art systems that required the
`
`driver to adjust the speed using the brakes, allowing the vehicle control system to control and
`
`maintain the optimal speed by simply selecting the appropriate terrain. As one article explained,
`
`by allowing the vehicle control system to optimize the speed descending down a hill based on the
`
`driver-selected mode, the driver need not know the optimal speed and “lets you crawl your way
`
`down the steepest grade without having to use your brakes.” Exhibit K, John LeBlanc, Nothing
`
`In Its Way: The Land Rover LR3 Can Go Anywhere You Want Thanks to the New Terrain
`
`Response System, The Gazette (Montreal) (November 3, 2004).
`
`39.
`
`The industry has recognized these unconventional combinations as “a major
`
`advance that optimizes driveability and comfort, as well as maximizing traction.” Exhibit L, All-
`
`New Discovery 3 SUV Moves Land Rover Forward, The Record (July 3, 2005). As one industry
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`article states, the technology is a “major innovation” that “delivers the best possible on- and off-
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`road composure and control by optimizing the entire vehicle set-up, including suspension,
`
`powertrain, throttle response and traction control.” Exhibit M, A Promise of Performance: Land
`
`Rover Concept Vehicle Makes First Chicago Appearance, PR Newswire (February 4, 2004).
`
`12
`
`Ex. 2003-0012
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`

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`Case 2:18-cv-00320-MSD-LRL Document 31 Filed 11/01/18 Page 13 of 40 PageID# 169
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`BENTLEY’S ALL TERRAIN SPECIFICATION FOR THE BENTLEY BENTAYGA
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`40.
`
`Bentley designs, develops, manufactures and sells luxury motor vehicles. In
`
`2016, Bentley launched its first SUV, the Bentayga, which is a direct competitor to JLR’s Range
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`Rover model. From launch, Bentayga has been equipped with a so-called Drive Dynamics
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`system that is available with a cost-option called “All Terrain Specification” which provides four
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`off-road settings: “Snow, Ice & Wet Grass,” “Dirt & Gravel,” “Mud & Trail,” and “Sand.” See,
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`e.g., Bentley Bentayga Mini Brochure, at 19, available at http://fblod.com/wp-
`
`content/uploads/2015/05/150908_bentayga-mini-brochure.pdf.
`
`41.
`
`On information and belief, the off-road settings in the All Terrain Specification
`
`adjust, for example, Bentayga’s electronic stability-control system, traction-control system,
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`engine, gearbox, and suspension settings to improve performance on different off-road driving
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`surfaces. See, e.g., Bentley Bentayga SUV Equipment, Accessories & Interior (Aug. 3, 2016),
`
`available at https://www.parkers.co.uk/bentley/bentayga/features-safety-and-equipment.
`
`42.
`
`On information and belief, the All Terrain Specification is installed on all Bentley
`
`Bentayga models imported into and sold in the U.S.
`
`43.
`
`On information and belief, Bentley knowingly copied the Terrain Response®
`
`system installed on JLR’s Range Rover.
`
`44.
`
`Bentley’s Bentayga including the All Terrain Specification infringes the ’828
`
`patent either literally or under the doctrine of equivalents. Bentley’s manufacture, use, sale, offer
`
`for sale, and/or importation of these infringing products is damaging and will continue to damage
`
`JLR, causing irreparable harm, for which there is no adequate remedy at law, unless Bentley’s
`
`wrongful acts are enjoined by this Court.
`
`13
`
`Ex. 2003-0013
`
`

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`Case 2:18-cv-00320-MSD-LRL Document 31 Filed 11/01/18 Page 14 of 40 PageID# 170
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`CLAIMS FOR RELIEF
`
`45.
`
`The allegations in the following Claims For Relief have evidentiary support or
`
`will likely have evidentiary support after a reasonable opportunity for further investigation or
`
`discovery. Plaintiff does not yet have the benefit of any discovery from Bentley.
`
`46.
`
`The Court has not construed the meaning of any claims or terms in the Asserted
`
`Patent. In providing these detailed allegations, Plaintiff does not intend to convey or imply any
`
`particular claim constructions or the precise scope of the claims. Plaintiff’s claim construction
`
`contentions regarding the full meaning and scope of the claim terms will be provided in
`
`compliance with the case schedule and any applicable orders.
`
`47.
`
`Plaintiff contends that Bentley directly infringes the asserted claims.
`
`48.
`
`Plaintiff further contends that each element of each asserted claim of the Asserted
`
`Patent is literally present in Bentley’s accused Bentayga product. If the Court’s constructions or
`
`other determinations indicate that an element of an asserted claim is not literally present, Plaintiff
`
`contends that each such element is present under the doctrine of equivalents. If necessary,
`
`Plaintiff will provide more detailed doctrine of equivalents contentions after discovery from
`
`Bentley or a claim construction order by the Court.
`
`COUNT ONE – INFRINGEMENT OF THE ’828 PATENT
`
`49.
`
`JLR repeats and realleges the allegations of Paragraphs 1 through 48 above as if
`
`fully set forth herein.
`
`50.
`
`Bentley has directly infringed and continues to infringe at least claims 21, 41, and
`
`46 of the ’828 patent by making, using, offering for sale within the United States and/or
`
`importing into the United States its Bentayga.
`
`51.
`
`Claim 21 of the ’828 patent discloses:
`
`14
`
`Ex. 2003-0014
`
`

`

`Case 2:18-cv-00320-MSD-LRL Document 31 Filed 11/01/18 Page 15 of 40 PageID# 171
`
`A vehicle control system having a driver input device for selecting a driving
`surface,
`
`the vehicle control system arranged to control a plurality of vehicle subsystems
`each of which is operable in a plurality of subsystem configuration modes,
`
`wherein the vehicle control system is operable in a plurality of driving modes in
`each of which it is arranged to select the subsystem configuration modes in a
`manner suitable for a respective driving surface, and
`
`further wherein the plurality of driving modes includes at least two off-road
`modes in which the subsystem configurations are controlled in a manner suitable
`for driving on respective off-road driving surfaces, and an on-road mode in which
`the subsystem configurations are controlled in a manner suitable for driving on-
`road and
`
`still further wherein one of the off-road modes is a sand mode in which the
`vehicle subsystems are controlled in a manner suitable for driving on sand.
`
`52.
`
`On information and belief, Bentley’s Bentayga with All Terrain Specification
`
`satisfies all the limitations of claim 21 of the ’828 patent.
`
`53.
`
`Claim 21 of the ’828 patent recites: “A vehicle control system having a driver
`
`input device for selecting a driving surface . . .”
`
`54.
`
`Bentley’s Bentayga with All Terrain Specification satisfies this limitation. The
`
`Bentayga with All Terrain Specification comprises a “Drive Dynamics” vehicle control system
`
`having a rotary switch by which the driver is able to select one of a plurality of driving modes,
`
`each suitable for driving on a respective driving surface. Specifically: “The available modes are
`
`selectable using the rotary switch on the front centre console. The selected mode is indicated by
`
`an illuminated LED around the rotary switch…” See, e.g., Bentley Bentayga Mini Brochure, at
`
`22, available at http://fblod.com/wp-content/uploads/2015/05/150908_bentayga-mini-
`
`brochure.pdf; Bentley Bentayga Owner’s Manual at 247-48.
`
`15
`
`Ex. 2003-0015
`
`

`

`Case 2:18-cv-00320-MSD-LRL Document 31 Filed 11/01/18 Page 16 of 40 PageID# 172
`Case 2:18-cv-00320-MSD-LRL Document 31 Filed 11/01/18 Page 16 of 40 PagelD# 172
`
`
`a function button. I Note
`
`and Four Responsive Off-Road Settings (when the vehicle ls "'4‘"
`
`Drive Dynamic:
`
`Fitted with the All»TerriI'n Specification). Each mode
`configures multiple vehicle systems to optimise the vehicle
`response and your driving experience.
`The available modes are selectable using the rotary switch on
`the Front centre console. The selected mode is indicated Dyan
`illuminated LED around the rotary switch and displayed on
`both the driver information panel and the Infotainment
`touchscreen (see Fig.
`l 74, arrowed, page 248).
`The Drive Dynamics mode informetion and setting an be
`accessed from the Infotainment home page by pressing the
`
`The Drive Dynamics mode is only available when the ignition is on.
`When the ignition is switched on, regardless of the last used
`mode, the system will aiweys default to the Bentley mode.
`
`Introduction
`The Drive Dynamics modes allow you to optimise the car For
`your preferred driving style. There are four standard modes
`
`- Cmsrvu
`Fig. I14 Driv- Dynamics mode — Im'ooolnrmnt toudttcmn
`
`
`
`247
`
`243
`
`16
`16
`
`Ex. 2003-0016
`Ex. 2003-0016
`
`

`

`Case 2:18-cv-00320-MSD-LRL Document 31 Filed 11/01/18 Page 17 of 40 PageID# 173
`
`55.
`
`Claim 21 of the ’828 patent further recites: “the vehicle control system arranged
`
`to control a plurality of vehicle subsystems each of which is operable in a plurality of subsystem
`
`configuration modes . . .”
`
`56.
`
`Bentley’s Bentayga with All Terrain Specification satisfies this limitation. The
`
`Bentayga’s “Drive Dynamics modes allow you to optimise the car for your preferred driving
`
`style. There are four standard modes and four Responsive Off-Road Settings (when the vehicle
`
`is fitted with the All-Terrain Specification). Each mode configures multiple vehicle systems to
`
`optimise the vehicle response and your driving experience.” Bentley Bentayga Owner’s Manual
`
`at 247-48.
`
`57.
`
`The vehicle systems controlled include, inter alia, the engine, the gearbox,
`
`Electronic Stability Control (ESC), Electronic Differential lock (EDL), Hill Descent Control
`
`(HDC), suspension ride height and lock function, and dynamic ride system. See, e.g., id. at 259.
`
`17
`
`Ex. 2003-0017
`
`

`

`Case 2:18-cv-00320-