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U.S. International Trade Commission
Intellectual Capital Consulting, Ltd.
Certain Vehicular Smartwatch Systems, Related Software and Components Thereof
I. INTRODUCTION
1. This Complaint is filed by Intellectual Capital Consulting, Ltd. ("ICC" or
"Complainant") under Section 337 of the Tariff Act of 1930, as amended, 19 U.S.C.
§ 1337, based on the unlawful importation into the United States, the sale for
importation into the United States, the sale within the United States after
importation, and/or the use within the United States after importation by the
proposed Respondents of certain smartwatch vehicular systems and components
and software thereof that infringe certain claims of United States Patent No.
7,068,151 ("the ‘151 Patent") (also referred as the , "ICC Asserted Patent") either
literally or under the doctrine of equivalents.
2. Intellectual Capital Consulting, Ltd. is a pioneer in the field of wristwatch
operated vehicles security systems, also known as smartwatch vehicular systems.
The ICC smartwatch vehicular system, which is sold under the trade name
"Blackhawk RES," was the first commercialized aftermarket smartwatch vehicular
system solution.
3. For many of consumers, smartphones have become the center of their
lives, reminding them of appointments, keeping them up on the latest news, letting
them know what friends are up to, telling them how to get to places, and even
being a conduit to pay for products or services. At the same time, many new
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vehicles don't require a traditional key, instead letting consumers use a plastic key
fob remote to transmit RF signals to unlock doors and start the engine. Included
with the Blackhawk RES system is this traditional method of user engagement.
4. As an extension of the smartphone and plastic key fob, ICC integrated the
functions of these devices into wristwatch form factors, making one less item for
users to carry in their pocket. The Blackhawk RES system sends signals over its
data connection to ICC’s server, which then sends the lock or unlock signal to the
car, there is no distance restriction. Users can activate the locks from anywhere in
the world that have a data connection for their mobile phones.
5. In addition, the Blackhawk RES system incorporates a GPS module,
enabling a geo-fencing feature useful for parents. With that, consumers can use the
Blackhawk RES system to define a circular area around a central point. If the car
was driven outside of that area, the Blackhawk RES system shows an alert.
6. One of the challenges ICC faced in creating a commercially viable product
was to create a smartwatch vehicular system that matched the performance,
reliability and pricing of traditional plastic key fob, smartphone and GPS tracking
system solutions. ICC surpassed this challenge and developed a smartwatch
vehicular system that was commensurate to existing solutions like plastic key fob,
smartphone and GPS tracking security systems. To do so, ICC developed unique,
market rate, mid-tier and elite packaging options to appeal to the spectrum of
vehicle enthusiasts. Further, ICC needed to package the wristwatch remote in a
fashion forward manner while providing the user with necessary notifications,
alerts and/or updates from the vehicle. This is the essence of the ‘151 Patent.
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7. A user of the Blackhawk RES system will not only be able to keep track of
the time and check notifications from their smartphone via the smartwatch but
also will be able to arm/lock, disarm/unlock and remotely start their vehicle by
interfacing with the smartwatch. Moreover, it is common for people to lose or
misplace their keys along with the plastic remote fob that is attached to the keys.
Since the smartwatch situated on the users wrist, the user never has to worry
about damage due to dropping on a hard surfaces, in liquids (ex. water), or even
losing their plastic remote fob. Therefore, the ICC smartwatch vehicular
technology drastically improves consumer smartwatch adaptation, system
reliability, and significantly increases user convenience.
8. The proposed Respondents Hyundai Motor Company, Hyundai Motor
America, Hyundai Motor Manufacturing Alabama, LLC (collectively, “Hyundai”),
General Motors Corporation, General Motors LLC, OnStar, LLC (collectively, “GM”),
Audi AG, Audi of America LLC, Audi of America, Inc. (collectively, “Audi”),
Volkswagen AG, Volkswagen Group of America, Inc. (collectively, “Volkswagen”),
BMW of North America, LLC, Bayerische Motoren Werke AG (collectively, “BMW”),
Dr. Ing. h.c. F. Porsche AG, Porsche Cars North America, Inc. (collectively, “Porsche
AG”), DEI Holdings, Inc., Directed Electronics, Inc. (collectively, “Directed
Electronics”), Samsung Electronics Co. Ltd., Samsung Electronics America, Inc.,
Samsung Telecommunications America LLC (collectively, “Samsung”), LG
Corporation, LG Electronics U.S.A. Inc., LG Electronics MobileComm U.S.A., Inc.
(collectively, “LG”), Sony Corporation, Sony Electronics, Inc., Sony Corporation of
America (collectively, “Sony”), Lenovo Limited Group, Lenovo Holding Company,
Inc., Lenovo (United States), Inc. (collectively, “Lenovo”), Motorola Mobility, Inc.
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(“Motorola”), Apple, Inc. (Apple), Station Digital Media, Inc. (Station Digital) and
Rego Apps, LLC (Rego) develop, manufacture, import, sell for importation into the
United States, sell after importation into the United States, and uses after
importation into the United States smartwatch vehicular systems and components
and software therein, such as wristwatches and their on-board device
components, operating systems, and/or other software (collectively, the "Accused
Products"). As set forth in Section VII below, the Accused Products are
manufactured abroad in locations such as, but not limited to, Korea, Vietnam,
Mexico, Canada, Germany and China, and are imported for sale into the United
States. The Accused Products incorporate, without any license from ICC, many
technologies developed by ICC and protected by the patent owned by ICC. The
patent-in-suit and their asserted claims (independent claims in bold) are listed
below:
9. Certified copies of ICC’s Asserted Patent are included at Exhibit 1
ICC owns all rights, title, and interest in each of ICC’s Asserted Patents, including
the right to sue for infringement. Certified copies of the assignment records for
each of ICC’s Asserted Patent are included at Exhibit 2 & Confidential Exhibit 52.
10. A domestic industry as required by 19 U.S.C. §§ 1337(a)(2) and (3) exists
or is in the process of being established in the United States relating to articles
protected by ICC’s Asserted Patent, including significant investment in equipment,
Patent Number Asserted Claims
7,068,151 (Independent claim in bold)
Independent 1
Dependent 2, 3, 4, 5, 8, 10, 12, 14, 18, 19, 20, 21, 22
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significant employment of labor and capital, and substantial investment in the
exploitation of the invention claimed in ICC’s Asserted Patent, including through
engineering, research, and development.
11. ICC seeks as relief a permanent limited exclusion order under 19 U.S.C. §
1337(d) barring from entry into the United States directly-infringing and/or
indirectly infringing smartwatch vehicular systems, components and software
thereof manufactured, sold, or used by or on behalf of Respondents. ICC further
seeks as relief a permanent cease and desist order under 19 U.S.C. § 1337(f)
prohibiting Respondents from marketing, distributing, selling, offering for sale,
warehousing inventory for distribution, or otherwise transferring or bringing into
the United States infringing smartwatch vehicular systems and/or their
components and software thereof.
II. COMPLAINANT
12. ICC is a limited liability company organized and existing under the laws of
Colorado, having its principal place of business at 3160 W. 71st Avenue, suite 3-
307, Westminster, Colorado 80030. ICC is the assignee and exclusive licensee of
the ICC Asserted Patent, with the right to sue for all infringement thereof.
13. Founded in 2010, ICC is a management consulting firm specializing in
patent prosecution, and technology transfer and commercialization that acquired
all rights to the ‘151 Patent, becoming a leading innovator of smartwatch vehicular
systems. ICC has significant operations in the United States, including with respect
to ICC’s Asserted Patent. ICC has researched, developed, tested, engineered,
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assembled, packaged, and installed the ICC Asserted Patent under the brand name
Blackhawk RES.
14. On July 18, 2014 the Specialty Equipment Marketing Association (SEMA)
selected the Blackhawk RES as one of the Top 10 innovations of 2014 See Exhibit
42. In addition, SEMA launched a Facebook voting campaign to narrow the
selected ten innovations down to five. On September 10, 2014, SEMA selected the
Blackhawk RES was as one of the top five innovations and invited to present the
technology during its 2014 SEMA trade show in Las Vegas See Exhibit 43. Further,
ICC debuted the ICC Patented Products via the Blackhawk RES brand and launched
a crowd funding campaign during the SEMA presentation.
15. ICC’s smartwatch vehicular system, specifically ICC’s smartwatch remote
start products use the inventions claimed in ICC’s Asserted Patent. As explained in
more detail in the chart included as Confidential Exhibit 39, one or more of ICC’s
Asserted Patents is implemented in the Blackhawk RES system (including at least
the Blackhawk RES 530, 810 and 818 series).
16. ICC researched and developed the technologies that are protected by
ICC’s Asserted Patent. ICC is the full owner of all rights and title to the ICC Asserted
Patent. Certified copies of the relevant assignment records are attached at
Exhibits 2. Additionally, the confidential exclusive license agreement is attached
at Confidential Exhibit 52.
17. ICC has made and continues to make significant investments in the
design and development of products protected by ICC’s Asserted Patent. In the
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United States, ICC exploits the technologies covered by ICC’s Asserted Patent
through various activities, including substantial research and development,
engineering, assembly, installation, and product and warranty support among
others, as discussed more fully in Section XI below.
III. THE PROPOSED RESPONDENTS
18. Upon information and belief, Hyundai Motor Company, General Motors
Corporation, Audi AG, BMW AG, Dr. Ing. h.c. F. Porsche AG, Directed Electronics,
Inc., Samsung Electronics Co. Ltd., LG Corporation, Sony Corporation, Lenovo
Group Limited., Motorola Mobility, Inc., Apple, Inc., Station Digital Media, Inc., and
Rego Apps, LLC each develop, manufacture, import, sell for importation into the
United States, sell after importation into the United States, and/or uses after
importation into the United States smartwatch vehicular systems and
components and software therein, such as wristwatches and their on-board
components, operating systems, and/or other software, as further described in
Section VII below.
A. Hyundai Motor Company
19. Upon information and belief, Hyundai Motor Company is a Korean
company with a place of business at 231 Yangjae-dong, Seocho-gu, Seoul, South
Korea 137-938. Further, Hyundai Motor Company is in the business of developing,
making, offering for sale, selling, importing, and supporting products containing
vehicular smartwatch systems, related software and components thereof
including, without limitation, vehicles, and their respective on board components
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that are manufactured outside of the United States. Moreover, said product either
under the doctrine of equivalents, or directly and/or indirectly infringe the ‘151
Patent. Hyundai Motor Company is the parent corporation of Respondents
Hyundai Motor America and Hyundai Motor Manufacturing Alabama.
B. Hyundai Motor America
20. Upon information and belief, Hyundai Motor America is a California
corporation with a place of business at 10550 Talbert Ave. Fountain View, CA
92708. Upon information and belief, Hyundai Motor America is a subsidiary of
Hyundai Motor Company and, in part, responsible for U.S. operations. Hyundai
Motor America sells, markets, distributes, manufactures, sells for importation,
imports, and/or sells after importation into the United States product that either
under the doctrine of equivalents, or directly and/or indirectly infringe the ‘151
Patent. Upon information and belief, further discovery will reveal additional
details regarding the division of responsibilities amongst Hyundai-family entities.
C. Hyundai Motor Manufacturing Alabama, LLC
21. Upon information and belief, Hyundai Motor Manufacturing Alabama,
LLC is a Delaware limited liability company with its principal place of business at
700 Hyundai Blvd., Montgomery, Alabama 36105. Hyundai Motor Manufacturing
Alabama, LLC is in the business of developing, making, offering for sale, selling,
importing, and supporting products containing vehicular smartwatch systems,
related software and components thereof including, without limitation, vehicles,
and their respective on board components that are manufactured outside of the
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United States that either under the doctrine of equivalents, or directly and/or
indirectly infringe the ‘151 Patent. Hyundai Motor Manufacturing Alabama, LLC is
a subsidiary corporation of Respondent Hyundai Motor Company. Hyundai Motor
Manufacturing Alabama, LLC, Hyundai Motor America and Hyundai Motor
Company are referred to collectively as “Hyundai.”
D. General Motors Company
22. Upon information and belief, General Motors Company is a company
organized under the laws of Delaware with its principal place of business at 300
Renaissance Center, Detroit, Michigan 48265. Further, General Motors Company is
in the business of developing, making, offering for sale, selling, importing, and
supporting products containing vehicular smartwatch systems, related software
and components thereof including, without limitation, vehicles, and their
respective on board components that are manufactured outside of the United
States. Moreover, said product either under the doctrine of equivalents, or
directly and/or indirectly infringe the ‘151 Patent. General Motors Company is the
parent corporation of Respondents General Motors LLC and OnStar, LLC.
E. General Motors, LLC
23. Upon information and belief, General Motors LLC is a limited liability
company organized under the laws of Delaware with its principal place of business
at 300 Renaissance Center, Detroit, Michigan 48265. General Motors, LLC is in the
business of developing, making, offering for sale, selling, importing, and
supporting products containing vehicular smartwatch systems, related software
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and components thereof including, without limitation, vehicles, and their
respective on board components that are manufactured outside of the United
States that either under the doctrine of equivalents, or directly and/or indirectly
infringe the ‘151 Patent.
F. OnStar, LLC
24. Upon information and belief, OnStar, LLC is a limited liability company
organized under the laws of Delaware with its principal place of business at 400
Renaissance Center, Detroit, Michigan 48265. OnStar, LLC is a subsidiary of
General Motors Company and, in part, responsible for operations that use, sell,
market, distribute, manufacture, sells for importation, imports, and/or sells after
importation into the United States product that either under the doctrine of
equivalents, or directly and/or indirectly infringe the ‘151 Patent. Patent. Upon
information and belief, further discovery will reveal additional details regarding
the division of responsibilities amongst GM-family entities. General Motors
Company, General Motors, LLC and OnStar, LLC are referred to collectively as
“GM.”
G. Volkswagen AG
25. Upon information and belief, Volkswagen AG is a corporation organized
and existing under the laws of Germany, having its principal place of business at
Brieffach 1848-2, 38436 Wolfsburg, Germany. Further, Volkswagen AG is in the
business of developing, making, offering for sale, selling, importing, and
supporting products containing vehicular smartwatch systems, related software
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and components thereof including, without limitation, vehicles, and their
respective on board components that are manufactured outside of the United
States. Moreover, said product either under the doctrine of equivalents, or
directly and/or indirectly infringe the ‘151 Patent. Volkswagen AG is the parent
corporation of Respondent Volkswagen Group of America, Inc.
H. Volkswagen Group of America, Inc.
26. Upon information and belief, Volkswagen Group of America, Inc. is a New
Jersey corporation with its headquarters and principal place of business located at
2200 Ferdinand Porsche Drive, Herndon, Virginia 20171. Upon information and
belief, Volkswagen Group of America, Inc. is responsible for operations that use,
sell, market, distribute, manufacture, sells for importation, imports, and/or sells
after importation into the United States product that either under the doctrine of
equivalents, or directly and/or indirectly infringe the ‘151 Patent.
27. Upon information and belief, Volkswagen AG and Volkswagen Group of
America, Inc. bear the primary responsibility for the marketing and sales of
Volkswagen-branded products within the United States. Upon information and
belief, further discovery will reveal additional details regarding the division of
responsibilities amongst Volkswagen-family entities. Volkswagen AG and
Volkswagen Group of America, Inc. are referred to collectively as “Volkswagen.”
I. Audi AG
28. Upon information and belief, Audi AG is a German corporation with its
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principal place of business at Ettinger Strasse, D-85045, Ingolstadt, Germany.
Further, Audi AG is in the business of developing, making, offering for sale, selling,
importing, and supporting products containing vehicular smartwatch systems,
related software and components thereof including, without limitation, vehicles,
and their respective on board components that are manufactured outside of the
United States. Moreover, said product either under the doctrine of equivalents, or
directly and/or indirectly infringe the ‘151 Patent. Audi AG is the parent
corporation of Respondents Audi of America, Inc. and Audi of America, LLC. Audi
AG has primary responsibility for the business planning and manufacturing of
Audi-branded products.
J. Audi of America, Inc.
29. Upon information and belief, Audi of America, Inc. is a Delaware
corporation with its principal place of business at 2200 Ferdinand Porsche Dr.,
Herndon, VA 20171. Audi of America, Inc. is a subsidiary of Audi AG and is, in part,
responsible for operations that use, sell, market, distribute, manufacture, sells for
importation, imports, and/or sells after importation into the United States product
that either under the doctrine of equivalents, or directly and/or indirectly infringe
the ‘151 Patent.
K. Audi of America LLC
30. Upon information and belief, Audi of America LLC is a New Jersey
corporation with its principal place of business at 3800 W. Hamlin Road, Auburn
Hills, MI 48326. Audi of America LLC is a subsidiary of Audi AG and is, in part,
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responsible for operations that use, sell, market, distribute, manufacture, sells for
importation, imports, and/or sells after importation into the United States product
that either under the doctrine of equivalents, or directly and/or indirectly infringe
the ‘151 Patent.
31. Upon information and belief, Audi of America, Inc. and Audi of America
LLC bear the primary responsibility for the importation, marketing, and sales of
Audi-branded products within the United States. Upon information and belief,
further discovery will reveal additional details regarding the division of
responsibilities amongst Audi-family entities. Audi AG, Audi of America, Inc., and
Audi of America, LLC are referred to collectively as “Audi.”
L. Bayerische Motoren Werke AG
32. Upon information and belief, Bayerische Motoren Werke AG (“BMW AG”)
is a corporation organized under the laws of the Federal Republic of Germany with
its principal place of business at Petuelring 130, 80809 Munich, Germany. BMW
AG designs and manufactures motor vehicles, parts, and other products for sale in
Europe and for export and sale throughout the world. Further, BMW AG is in the
business of developing, making, offering for sale, selling, importing, and
supporting products containing vehicular smartwatch systems, related software
and components thereof including, without limitation, vehicles, and their
respective on board components that are manufactured outside of the United
States. Moreover, said product either under the doctrine of equivalents, or
directly and/or indirectly infringe the ‘151 Patent. BMW AG is the parent
corporation of Respondents BMW of North America, LLC. BMW AG has primary
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responsibility for the business planning and manufacturing of BMW-branded
products
M. BMW of North America, LLC
33. Upon information and belief, BMW of North America, LLC (“BMW NA”) is
a Delaware limited liability company having its principal place of business at 300
Chestnut Ridge Road, Woodcliff Lake, New Jersey 07677. BMW NA is a wholly
owned subsidiary of BMW (US) Holding Corporation, a Delaware corporation,
which is a wholly owned subsidiary of BMW AG. BMW NA is responsible for
operations that use, sell, market, distribute, manufacture, sells for importation,
imports, and/or sells after importation into the United States product that either
under the doctrine of equivalents, or directly and/or indirectly infringe the ‘151
Patent.
34. Upon information and belief, BMW AG and BMW NA bear the primary
responsibility for the importation, marketing, and sales of BMW-branded products
within the United States. Upon information and belief, further discovery will
reveal additional details regarding the division of responsibilities amongst BMW-
family entities. BMW AG and BMW of North America, LLC are referred to
collectively as “BMW.”
N. Dr. Ing. h.c. F. Porsche AG
35. Upon information and belief, Dr. Ing. h.c. F. Porsche AG is a corporation
organized under the laws of Germany with its principal place of business at
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Porscheplatz 1, D 70435, Stuttgart, Germany. Dr. Ing. h.c. F. Porsche AG designs
and manufactures motor vehicles, parts, and other products for sale in Europe and
for export and sale throughout the world. Further, Dr. Ing. h.c. F. Porsche AG is in
the business of developing, making, offering for sale, selling, importing, and
supporting products containing vehicular smartwatch systems, related software
and components thereof including, without limitation, vehicles, and their
respective on board components that are manufactured outside of the United
States. Moreover, said product either under the doctrine of equivalents, or
directly and/or indirectly infringe the ‘151 Patent. Dr. Ing. h.c. F. Porsche AG is the
parent corporation of Respondent Porsche Cars of North America, Inc. Dr. Ing. h.c.
F. Porsche AG has primary responsibility for the business planning and
manufacturing of Porsche-branded products.
O. Porsche Cars of North America, Inc.
36. Upon information and belief, Porsche Cars North America, Inc., is a
corporation organized under the laws of Delaware, with its principal place of
business at 980 Hammond Drive NE, Suite 1000, Atlanta, Georgia, 30328, and a
registered agent at The Corporation Trust Company, 1209 Orange Street,
Wilmington, Delaware, 1980. Upon information and belief, Porsche Cars North
America, Inc. bears the primary responsibility for the importation, marketing, and
sales of Porsche-branded products within the United States that either under the
doctrine of equivalents, or directly and/or indirectly infringe the ‘151 Patent..
37. Upon information and belief, further discovery will reveal additional
details regarding the division of responsibilities amongst Porsche-family entities.
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Dr. Ing. h.c. F. Porsche AG and Porsche Cars of North America, Inc. are referred to
collectively as “Porsche” or “Porsche AG.”
P. DEI Holdings, Inc.
38. Upon information and belief, DEI Holdings, Inc. is a Florida corporation
with its principal place of business at One Viper Way, Vista, California 92083. DEI
Holdings, Inc. is in the business of developing, making, offering for sale, selling,
importing, and supporting products containing vehicular smartwatch systems,
related software and components thereof including, without limitation, vehicle
security systems, and their respective on board components that are
manufactured outside of the United States. Moreover, said product either under
the doctrine of equivalents, or directly and/or indirectly infringe the ‘151 Patent.
DEI Holdings, Inc. is the parent corporation of Respondent Directed Electronics,
Inc.
39. Upon information and belief, DEI Holdings, Inc. has primary
responsibility for the business planning and support of Directed-branded
products.
Q. Directed Electronics, Inc.
40. Upon information and belief, Directed Electronics, Inc. is a corporation
organized and existing under the laws of the State of California, having its
principal place of business at One Viper Way, Vista, California 92083. Directed
Electronics, Inc. is responsible for operations that use, sell, market, distribute,
17
manufacture, sells for importation, imports, and/or sells after importation into the
United States product that either under the doctrine of equivalents, or directly
and/or indirectly infringe the ‘151 Patent..
41. Upon information and belief, DEI Holdings, Inc. and Directed Electronics,
Inc. bear the primary responsibility for the importation, marketing, and sales of
Directed Electronics-branded products within the United States. Upon information
and belief, further discovery will reveal additional details regarding the division of
responsibilities amongst Directed Electronics-family entities. DEI Holdings, Inc.
and Directed Electronics, Inc. are referred to collectively as “Directed Electronics.”
R. Samsung Electronics Co., Ltd.
42. Upon information and belief, Samsung Electronics Co., Ltd. is a
corporation organized under the laws of South Korea with its principal place of
business located at Samsung Main Building, 250, Taepyeongno 2-ga, Jung-gu, Seoul
100-742, Republic of Korea. Further, Samsung Electronics Co., Ltd. is in the
business of developing, making, offering for sale, selling, importing, and
supporting products incorporating vehicular smartwatch systems, related
software and components thereof including, without limitation, smartwatches,
and their respective components that are manufactured outside of the United
States. Moreover, said product either under the doctrine of equivalents, or
directly and/or indirectly infringe the ‘151 Patent. Samsung Electronics Co., Ltd. is
the parent corporation of Respondents Samsung Electronics America, Inc. and
Samsung Telecommunications America LLC. Samsung Electronics Co., Ltd. has
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primary responsibility for the business planning and manufacturing of Samsung-
branded products
S. Samsung Electronics America, Inc.
43. Samsung Electronics America, Inc. is a New York corporation and a
subsidiary of Samsung Electronics Co., Ltd. This Respondent’s principal place of
business is located at 85 Challenger Rd., Ridgefield Park, NJ, 07660. It may be
contacted with process through its registered agent in the Commonwealth of
Virginia, CT Corporation System, 4701 Cox Rd., Suite 301, Glen Allen, Virginia
23060-6802. Samsung Electronics America, Inc. is responsible for operations that
use, sell, market, distribute, manufacture, sells for importation, imports, and/or
sells after importation into the United States product that either under the
doctrine of equivalents, or directly and/or indirectly infringe the ‘151 Patent.
T. Samsung Telecommunications America LLC
44. Samsung Telecommunications America LLC is a Delaware corporation
and a subsidiary of Samsung Electronics Co., Ltd. This Respondent’s principal
place of business is located at 1301 E. Lookout Drive, Richardson, Texas 75082. It
may be contacted with process through its registered agent in the Commonwealth
of Virginia, Corporation Service Company, 11 S. 12th St., PO Box 1463, Richmond,
Virginia 23218. Samsung Telecommunications America LLC is responsible for
operations that use, sell, market, distribute, manufacture, sells for importation,
imports, and/or sells after importation into the United States product that either
19
under the doctrine of equivalents, or directly and/or indirectly infringe the ‘151
Patent.
45. Upon information and belief, Samsung Electronics America, Inc. and
Samsung Telecommunications America LLC are subsidiaries of Samsung
Electronics Co., Ltd. and bear the primary responsibility for the marketing and
sales of Samsung-branded products within the United States. Upon information
and belief, further discovery will reveal additional details regarding the division of
responsibilities amongst Samsung-family entities. Samsung Electronics Co., Ltd.,
Samsung Electronics America, Inc., and Samsung Telecommunications America
LLC are referred to collectively as “Samsung.”
U. LG Corporation
46. Upon information and belief, LG Corporation is a South Korea
corporation with its principal place of business in Seoul, South Korea. On
information and belief, this Respondent may be contacted with process at its
principal place of business at LG Twin Towers, 20 Yeouido-dong, Yeongdeungpo-
gu, Seoul 150 - 721, South Korea. Further, LG Corporation is in the business of
developing, making, offering for sale, selling, importing, and supporting products
incorporating vehicular smartwatch systems, related software and components
thereof including, without limitation, smartwatches, and their respective
components that are manufactured outside of the United States. Moreover, said
product either under the doctrine of equivalents, or directly and/or indirectly
infringe the ‘151 Patent. LG Corporation is the parent corporation of Respondents
LG Electronics U.S.A., Inc. and LG Electronics MobileComm U.S.A., Inc. LG
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Corporation has primary responsibility for the business planning and
manufacturing of LG-branded products.
V. LG Electronics U.S.A., Inc.
47. Upon information and belief, LG Electronics U.S.A., Inc. is a Delaware
corporation with its principal place of business at 1000 Sylvan Avenue Englewood
Cliffs, New Jersey, U.S.A. 07632, U.S.A. This Respondent may be contacted with
process in Delaware through its registered agent, United States Corporation
Company, 2711 Centerville Road, Suite 400, Wilmington, Delaware 19808.
48. LG Electronics U.S.A., Inc. is a subsidiary of LG Corporation and is
responsible for operations that use, sell, market, distribute, manufacture, sells for
importation, imports, and/or sells after importation into the United States product
that either under the doctrine of equivalents, or directly and/or indirectly infringe
the ‘151 Patent.. Upon information and belief, further discovery will reveal
additional details regarding the division of responsibilities amongst LG-family
entities.
W. LG Electronics MobileComm U.S.A., Inc.
49. LG Electronics MobileComm U.S.A., Inc. (“LGM”) is a California
corporation with its principal place of business at 10225 Willow Creek Road, San
Diego, California 92131, and at least one other place of business in the State of
California at 2570 North 1st Street, #360, San Jose, California 95131. On
information and belief, LGM is a wholly-owned subsidiary of LG Electronics U.S.A.,
21
Inc. On information and belief, LGM manufactures, has manufactured, uses, offers
for sale, sells and/or imports into the United States various consumer electronics
products, including smartwatches, conducts primary market and product research
for LG Corporation and LG Electronics U.S.A., Inc. LGM is responsible for
operations that use, sell, market, distribute, manufacture, sells for importation,
imports, and/or sells after importation into the United States that either under the
doctrine of equivalents, or directly and/or indirectly infringe the ‘151 Patent. LG
Corporation, LG Electronics U.S.A., Inc., and LG Electronics MobileComm U.S.A., Inc.
are referred to collectively as “LG.”
X. Sony Corporation
50. Upon information and belief, Sony Corporation is a corporation
organized under the laws of Japan with its principal place of business at 1-7-1
Konan, Minato-ku, Tokyo 108-0075, Japan. Upon information and belief, Sony
Corporation is in the business of developing, making, manufacturing, offering for
sale, selling, importing, and supporting products incorporating vehicular
smartwatch systems, related software and components thereof including, without
limitation, smartwatches, and their respective components that are manufactured
outside of the United States. Moreover, said product either under the doctrine of
equivalents, or directly and/or indirectly infringe the ‘151 Patent. Sony
Corporation is the parent corporation of Respondents Sony Corporation of
America and Sony Electronics, Inc. Sony Corporation has primary responsibility
for the business planning and manufacturing of Sony-branded products.
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Y. Sony Corporation of America
51. Upon information and belief, Sony Corporation of America ("Sony
America") is a corporation organized under the laws of the State of New York with
its principal place of business at 550 Madison Avenue, New York, New York 10022.
Upon information and belief, Sony America manufactures, markets, sells for
importation, imports, and/or sells after importation into the United States
products that either under the doctrine of equivalents, or directly and/or
indirectly infringe the ‘151 Patent.
Z. Sony Electronics, Inc.
52. Upon information and belief, Sony Electronics, Inc. ("Sony Electronics")
is a corporation organized under the laws of the State of California with its
principal place of business at 16530 Via Esprillo, San Diego, CA 92127. Upon
information and belief, Sony Electronics manufacturers, markets, sells for
importation, imports, and/or sells after importation into the United States
products that either under the doctrine of equivalents, or directly and/or
indirectly infringe the ‘151 Patent.
53. Upon information and belief, Sony America is a subsidiary of Sony
Corporation, and Sony Electronics is a subsidiary of Sony America. Upon
information and belief, Sony America is responsible for business planning and
marketing Sony-branded products within the United States. Upon information and
belief, Sony Electronics has primary responsibility for the marketing and sales of
23
Sony-branded electronic products within the United States. Upon information and
belief, further discovery will reveal additional details regarding the division of
responsibilities amongst Sony family entities. Sony Corporation, Sony Corporation
of America, and Sony Electronics, Inc., are referred to collectively as “Sony.”
AA. Lenovo Group Limited
54. Upon information and belief, Lenovo Group Limited is a corporation
organized and existing under the laws of China, having a principal place of
business at No. 6 Chuang Ye Road, Haidian District, 100085, Beijing, China. Lenovo
Group Limited is in the business of developing, making, manufacturing, offering
for sale, selling, importing, and supporting products incorporating vehicular
smartwatch systems, related software and components thereof including, without
limitation, smartwatches, and their respective components that are manufactured
outside of the United States. Moreover, said product either under the doctrine of
equivalents, or directly and/or indirectly infringe the ‘151 Patent. Lenovo Group
Limited is the parent corporation of Respondents Lenovo (United States), Inc.,
Lenovo Holding Company and Motorola Mobility, Inc. Lenovo Group Limited has
primary responsibility for the business planning and manufacturing of Lenovo and
Motorola branded products.
BB. Lenovo (United States), Inc.
55. Upon information and belief, Lenovo (United States), Inc. is a
corporation organized and existing under the laws of Delaware, having a principal
place of business at The Centre at Purchase, One Manhattanville Road, Purchase,
24
New York, 10577. Upon information and belief, Lenovo (United States), Inc.
manufacturers, markets, sells for importation, imports, and/or sells after
importation into the United States products that either under the doctrine of
equivalents, or directly and/or indirectly infringe the ‘151 Patent.
CC. Lenovo Holding Company, Inc.
56. Upon information and belief, Lenovo Holding Company, Inc. is a
corporation organized and existing under the laws of Delaware having a principal
place of business at 1009 Think Place, Morrisville, North Carolina, 27560. Upon
information and belief, Lenovo Holding Company Inc. manufacturers, markets,
sells for importation, imports, and/or sells after importation into the United States
products that either under the doctrine of equivalents, or directly and/or
indirectly infringe the ‘151 Patent.
57. Upon information and belief, Lenovo (United States), Inc. and Lenovo
Holding Company, Inc. are subsidiaries of Lenovo Group Limited and bear the
primary responsibility for the marketing and sales of Lenovo-branded products
within the United States. Upon information and belief, further discovery will
reveal additional details regarding the division of responsibilities amongst
Lenovo-family entities. Lenovo (United States), Inc., Lenovo Holding Company,
and Lenovo Group Limited are referred to collectively as “Lenovo.”
25
DD. Motorola Mobility, Inc.
58. Upon information and belief, Motorola Mobility, Inc. is a wholly-owned
subsidiary of Lenovo Group Limited organized under the laws of Delaware with its
principal place of business at 222 W. Merchandise Mart Plaza, Suite 1800, Chicago,
Illinois 60654. Motorola Mobility, Inc. is in the business of developing, making,
manufacturing, offering for sale, selling, importing, and supporting products
incorporating vehicular smartwatch systems, related software and components
thereof including, without limitation, smartwatches, and their respective
components that are manufactured outside of the United States. Moreover, said
product either under the doctrine of equivalents, or directly and/or indirectly
infringe the ‘151 Patent.
59. Upon information and belief, further discovery will reveal additional
details regarding the division of responsibilities amongst Motorola-family entities.
Motorola Mobility, Inc. is referred to as “Motorola.”
EE. Apple, Inc.
60. Upon information and belief, Apple, Inc. is a corporation organized and
existing under the laws of California, having a principal place of business at 1
Infinite Loop, Cupertino, CA 95014. Apple’s registered agent, registered with the
Texas State Secretary of State’s Office, is CT Corp. Systems at 350 N. St. Paul Street,
Suite 2900, Dallas, TX 75201
26
61. Upon information and belief, Apple, Inc. is in the business of developing,
making, manufacturing, offering for sale, selling, importing, and supporting
products incorporating vehicular smartwatch systems, related software and
components thereof including, without limitation, smartwatches, and their
respective components that are manufactured outside of the United States.
Moreover, said product either under the doctrine of equivalents, or directly
and/or indirectly infringe the ‘151 Patent. Additionally, Apple, Inc. bears the
primary responsibility for the marketing and sales of Apple-branded products
within the United States. Upon information and belief, further discovery will
reveal additional details regarding the division of responsibilities amongst Apple-
family entities.
FF. Station Digital Media, Inc.
62. Station Digital Media, Inc. is a corporation organized and existing under
the laws of California, having a principal place of business at 111 W Ocean Blvd.
4th Floor Long Beach, CA 90802. Station Digital’s registered agent, registered with
the California State Secretary of State’s Office, is 17140 Bernardo Center Drive,
Suite 354, San Diego, CA 92128.
63. Upon information and belief, Station Digital Media, Inc. is in the business
of developing, making, manufacturing, offering for sale, selling, importing, and
supporting products incorporating vehicular smartwatch systems, related
software and components thereof including, without limitation, smartwatches and
software thereof, and their respective components that are manufactured outside
of the United States. Moreover, said product either under the doctrine of
27
equivalents, or directly and/or indirectly infringe the ‘151 Patent. Additionally,
Station Digital Media, Inc. bears the primary responsibility for the development of
infringing Hyundai-branded products within the United States. Upon information
and belief, further discovery will reveal additional details regarding the division of
responsibilities amongst Hyundai family entities and Station Digital Media, Inc.
GG. Rego Apps, LLC
64. Upon information and belief, Rego Apps, LLC is a corporation organized
and existing under the laws of Florida, having a principal place of business at 217
Acadia Terrace, Celebration, Florida 34747.
65. Upon information and belief, Rego Apps, LLC is in the business of
developing, making, manufacturing, offering for sale, selling, importing, and
supporting products incorporating vehicular smartwatch systems, related
software and components thereof including, without limitation, smartwatches and
software thereof, and their respective components that are manufactured outside
of the United States. Moreover, said product either under the doctrine of
equivalents, or directly and/or indirectly infringe the ‘151 Patent. Rego Apps, LLC
bears the primary responsibility for the development of infringing smartwatch
products, component and/or software. Upon information and belief, further
discovery will reveal additional details regarding the division of responsibilities
amongst Rego Apps, LLC family entities.
28
IV. TECHNOLOGY AND PRODUCTS AT ISSUE
66. The technology at issue relate to smartwatch vehicular systems and
certain components and software therein.
67. Specifically, the Accused Products smartwatch vehicular systems,
components, and software therein, such as wristwatches and their on-board
components, operating systems, and/or other software. These smart watches and
connected vehicle devices, components, operating systems, and other software are
imported into the United States and in turn used by businesses, institutions,
service providers, and other entities in the United States to supply networks and
transport data, voice, and video. By way of example, the Accused Products may be
deployed on individually owned vehicles or vehicle fleets with dedicated
computing center environments in connection with an organization's servers,
associated data, and/or IT applications and between such items and other
networks such as the Internet. The Accused Products are sold for importation into,
imported into, sold after importation into, and used within the United States by or
on behalf of each Respondent.
V. PATENT IN SUIT
68. From its research and development on vehicle security systems,
including its smartwatch vehicular systems technology, ICC obtained, on June 27,
2006, the duly, properly and legally issued U.S. Patent No. 7,068,151, entitled
"Vehicle Security System." ICC obtained the '151 Patent as assignee of named
29
inventor and ICC founder, Samuel K. Giles, and exclusive licensee of named
inventor Christopher E. Smith. See Exhibits 2, 3 & Confidential Exhibit 52.
69. Generally speaking, the ICC '151 Patent is directed to smartwatch
operated vehicular security systems. The system generally includes a smartwatch
that communicates with an on-board vehicular control unit, thus providing end
users with vehicular security and convenience features such as remote door lock
and unlock, trunk release, and remote engine start.
70. Samuel K. Giles and Christopher E. Smith are the named inventors of
the ICC '151 Patent. As a part of his fiduciary duty with ICC, Samuel K. Giles
assigned all rights, title, and interest in the ICC '151 Patent to ICC. Additionally,
co-inventor Mr. Smith has also exclusively licensed to ICC all substantial rights in
the ’151 patent, including the right to exclude others and to enforce, sue, and
recover damages for past and future infringements. See Exhibit 2 & Confidential
52.
71. Pursuant to Commission Rule 210.12(c), copies of the certified
prosecution history of the ICC Asserted Patent have been submitted with this
Complaint as Appendices A. Pursuant to Commission Rule 210.12(c), the cited
references for the ICC Asserted Patents also have been submitted with this
Complaint as Appendices B.
30
VI. NONTECHNICAL DESCRIPTION OF THE INVENTION
72. Pursuant to United States Patent No. 7,068,151 (‘151 Patent), entitled
"Vehicle Security System," issued on June 27, 2006 and lists Samuel K. Giles and
Christopher E. Smith as its inventors. The ‘151 Patent expires on June 27, 2023.
The ‘151 Patent claims priority to U.S. Provisional Patent App. No. 60/470,566,
filed on May 14, 2003.
73. The ‘151 Patent contains 22 claims, including 1 independent claim and
21 dependent claims. ICC asserts that Respondent's smartwatch enabled vehicular
system components and software therein, and activities relating thereto, infringe
at least system claim 1, and dependent claims 2, 3, 4, 5, 8, 10, 12, 14, 18, 19, 20, 21,
& 22 of the ‘151 Patent, directly or indirectly, either literally or under the doctrine
of equivalents.
74. The ‘151 Patent generally relates to a system for improved
communication between wearable technology devices and connected vehicles.
Further, the ‘151 Patent discusses remote watch design for a car security system.
A user of the smartwatch will not only be able to keep track of the time but also
will be able to arm/lock, disarm/unlock and remotely start their vehicle by
interfacing with the watch. It is common for people to lose or misplace their keys
along with the keyless remote that is attached to the keys. Since the watch is
conveniently located on the users wrist, the user never has to worry about damage
due to dropping it on a hard surface, in liquids (ex. water), or even losing their
keyless remote as you would by having a keyless remote attached to keys or a key
31
chain. If the user ever loses their keys or locks them in a trunk, the remote watch
will allow the user to maintain access to their vehicle.
VII. UNLAWFUL AND UNFAIR ACTS OF RESPONDENTS – PATENT INFRINGEMENT
75. The Respondents have engaged in unlawful and unfair acts including the
sale for importation into the United States, importation into the United States, sale
within the United States after importation, and/or use within the United States
after importation of the Accused Products that infringe one or more of the
following claims (independent claims in bold):
76. Upon information and belief, the Respondents import, sell for
importation, sell after importation into the United States, and/or uses after
importation into the United States Accused Products that infringe the ‘151 Patent.
77. The Accused Products infringe, directly and/or indirectly, at least system
claim 1, and dependent claims 2, 3, 4, 5, 8, 10, 12, 14, 18, 19, 20, 21, & 22 of the
‘151 Patent. Respondents directly and/or indirectly infringe at least system claim
1, and dependent claims 2, 3, 4, 5, 8, 10, 12, 14, 18, 19, 20, 21, & 22 of the ‘151
Patent by importing, selling for importation, selling after importation, and/or
using after importation into the United States the Accused Products. See Exhibits
5-32 (infringement claim charts for U.S. Patent No. 7,068,151). The Accused
Patent Number Asserted Claims
7,068,151 (Independent claim in bold)
Independent 1
Dependent 2, 3, 4, 5, 8, 10, 12, 14, 18, 19, 20, 21, 22
32
Products satisfy all claim limitations system claim 1, and dependent claims 2, 3, 4,
5, 8, 10, 12, 14, 18, 19, 20, 21, & 22 at the time of importation, and Respondents
directly infringe the apparatus claim by importing, selling for importation, selling
after importation, and/or using after importation into the United States the
Accused Products. The Accused Products, at the time of importation, are capable
to dictate the performance of and mimic system claim 1 and all aspects of
dependent claims 2, 3, 4, 5, 8, 10, 12, 14, 18, 19, 20, 21, & 22, and Respondents
directly infringe this claim by importing, selling for importation, selling after
importation, and/or using after importation into the United States the Accused
Products. In addition, as further alleged below, Respondents indirectly infringe
the apparatus claim by importing, selling for importation, selling after
importation, and/or using after importation into the United States the Accused
Products.
78. The Respondents actively induce others, including purchasers and end
users who deploy the Accused Products in their networks, to directly infringe at
least system claim 1, and dependent claims 2, 3, 4, 5, 8, 10, 12, 14, 18, 19, 20, 21, &
22 of the ‘151 Patent. On information and belief, purchasers who deploy the
Accused Products in their networks and make routine use of the Accused
Products, also directly infringe at least system claim 1, and dependent claims 2, 3,
4, 5, 8, 10, 12, 14, 18, 19, 20, 21, & 22 of the ‘151 Patent. Respondents are aware of
the ‘151 Patent at least because the Respondents have had actual knowledge of the
‘151 Patent at least as of June 2 2015, when ICC filed a Complaint asserting the
‘151 Patent against Respondents in the Eastern District of Texas, as discussed in
Section X, below. Further, in light of the above, Respondents knowingly induces
infringement of the ‘151 Patent with specific intent to do so by providing at least
33
manuals, white papers, training, and/or other support, to perform acts intended
by Respondents to cause direct infringement of at least system claim 1, and
dependent claims 2, 3, 4, 5, 8, 10, 12, 14, 18, 19, 20, 21, & 22 of the ‘151 Patent.
79. Respondents contribute to infringement of at least system claim 1, and
dependent claims 2, 3, 4, 5, 8, 10, 12, 14, 18, 19, 20, 21, & 22 of the ‘151 Patent,
including purchasers who deploy the Accused Products in their vehicular systems,
by providing the Accused Products, which are specially made or adapted for use in
an infringement of these claims and are not staple articles of commerce suitable
for substantial non-infringing use. Respondents are aware of the ‘151 Patent at
least because Respondents have had actual knowledge of the ‘151 Patent at least
as of June 2, 2015, when ICC filed a Complaint asserting the ‘151 Patent against
Respondents in the Eastern District of Texas, as discussed in Section X, below.
Further, having debuted the technology during the 2014 international SEMA trade
show, Respondents are aware of the ‘151 Patent. In light of these allegations,
Respondents had knowledge that the Accused Products were specially made or
adapted for use in an infringement of the ‘151 Patent and not a staple article of
commerce suitable for substantial non-infringing use.
80. Claim charts comparing the ‘151 Patent's asserted independent system
claim 1, and dependent claims 2, 3, 4, 5, 8, 10, 12, 14, 18, 19, 20, 21, & 22 to
Respondents’ Accused Products are attached as Exhibits 5-32. Additional
evidence of importation is set forth below.
34
A. Hyundai Motor Company
81. Upon information and belief, Hyundai manufactures, markets, sells for
importation, imports, and/or sells after importation into the United States
products that directly and/or indirectly infringe the ‘151 Patent ("the Accused
Hyundai Products").
82. The Accused Hyundai Products include vehicles sold under the following
names and model numbers:
83. Upon information and belief, the Accused Hyundai Products are
manufactured, assembled, and/or packaged outside of the United States. These
same products are then imported into the United States, sold for importation into
the United States, and/or sold after importation into the United States by Hyundai.
These acts of Hyundai constitute direct infringement of the ‘151 Patent. Claim
charts demonstrating how the Accused Hyundai Products directly infringe the
‘151 Patent are attached as Exhibit 6.
Company
Hyundai
Azera Elantra Equus Genesis Genesis Coupe
Sonata Sonata Hybrid Tucson Veloster
Azera Elantra Elantra Coupe Elantra GT Equus
Genesis Genesis Coupe Sante Fe Sante Fe Sport Sonata
Sonata Hybrid Tucson Veloster
Azera Elantra GT Genesis Genesis Coupe Sante Fe
Sante Fe Sport Sonata Sonata Hybrid Veloster
2012 Azera Sonata Sonata Hybrid Veloster
2013
Product - Bluelink ®
Models
2015
2014
35
84. These acts of Hyundai also constitute contributory and induced
infringement of the ‘151 Patent. Claim charts demonstrating how the Accused
Hyundai Products indirectly infringe the ‘151 Patent is attached as Exhibit 6.
85. Hyundai is a contributory infringer because the Accused Hyundai
Products are not staple articles of commerce and are not suitable for any
substantial non-infringing use. To the contrary, their sole, substantial use is to be
used in infringing systems as shown in the attached claim charts. Hyundai has
previously been given actual knowledge of the ‘151 Patent at least as of June 2,
2015, when ICC filed a Complaint asserting the ‘151 Patent against Respondents in
the Eastern District of Texas of their contributory infringement, and Hyundai
knows that the Accused Hyundai Products are specially adapted for use in
practicing the inventions of the ‘151 Patent.
B. General Motors Company & OnStar, LLC.
86. GM manufactures, markets, sells for importation, imports, and/or sells
after importation into the United States products that directly and/or indirectly
infringe the ‘151 Patent ("the Accused GM Products").
87. The Accused GM Products include vehicles sold under the following
names and model numbers:
36
Company
GM / OnStar
Camaro Cruze Malibu Spark T ahoe
Captiva Equinox Orlando Spark EV T raverse
Colorado Express Silverado SS Performance Sedan T rax
Corvette Impala Sonic Suburban Volt
2015 Buick Enclave Encore LaCrosse Regal Verano
Acadia Canyon Denali Savana Sierra
T errain Yukon Yukon XL
AT S CT S CT S-V ELR Escalade
Escalade ESV SRX Stretch Limo XT S
Avalanche Camaro Captiva Corvette Cruze
Equinox Express Impala Malibu Orlando
Silverado Sonic Spark SS Suburban
T ahoe T raverse T rax Volt
2014 Buick Enclave Encore LaCrosse Regal Verano
Acadia Denali Savana Sierra T errain
Yukon
AT S CT S ELR Escalade SRX
XT S
Avalanche Camaro Captiva Cruze Equinox
Express Impala Malibu Silverado Sonic
Spark Suburban T ahoe T raverse Volt
2013 Buick Enclave Encore LaCrosse Regal Verano
Acadia Denali Savana Sierra T errain
Yukon
2013 Cadillac AT S CT S Escalade SRX XT S
Avalanche Camaro Captiva Cruze Equinox
Express Impala Malibu Silverado Sonic
Suburban T ahoe T raverse Volt
2012 Buick Enclave LaCrosse Regal Verano
2012 GMC Acadia Savana Sierra T errain Yukon
2012 Cadillac CT S Escalade SRX
Avalanche Camaro Cruze Equinox Express
HHR Impala Malibu Suburban T ahoe
T raverse Volt
2011 Buick Enclave LaCrosse Lucerne Regal
2011 GMC Acadia Savana Sierra T errain Yukon
2011 Cadillac CT S DT S Escalade SRX
Avalanche HHR Impala Malibu Silverado
Suburban T ahoe T raverse
2010 Buick Enclave Lucerne
2010 GMC Acadia Yukon
2010 Cadillac DT S Escalade
2014 Chevrolet
Product - RemoteLink ®
Model
2015 Chevrolet
2015 GMC
2015 Cadillac
2010 Chevrolet
2014 GMC
2014 Cadillac
2013 Chevrolet
2013 GMC
2012 Chevrolet
2011 Chevrolet
37
88. On information and belief, the Accused GM Products are, whole or in
part, manufactured, assembled, and/or packaged outside of the United States.
These same products are then imported into the United States, sold for
importation into the United States, and/or sold after importation into the United
States by GM. These acts of GM constitute direct infringement of the ‘151 Patent.
Claim charts demonstrating how the Accused GM Products directly infringe the
‘151 Patent are attached as Exhibit 8.
89. These acts of GM also constitute contributory and induced infringement
of the ‘151 Patent. Claim charts demonstrating how the Accused GM Products
indirectly infringe the ‘151 Patent is attached as Exhibit 8.
90. GM is a contributory infringer because the Accused GM Products are not
staple articles of commerce and are not suitable for any substantial non-infringing
use. To the contrary, their sole, substantial use is to be used in infringing systems
as shown in the attached claim charts. GM has previously been given actual
knowledge of the ‘151 Patent at least as of June 2, 2015, when ICC filed a
Complaint asserting the ‘151 Patent against Respondents in the Eastern District of
Texas of their contributory infringement, and GM knows that the Accused GM
Products are specially adapted for use in practicing the inventions of the ‘151
Patent.
C. Volkswagen AG
91. Upon information and belief, Volkswagen manufactures, markets, sells
for importation, imports, and/or sells after importation into the United States
38
products that directly and/or indirectly infringe the ‘151 Patent ("the Accused
Volkswagen Products").
92. The Accused Volkswagen Products include vehicles sold under the
following names and model numbers:
93. On information and belief, the Accused Volkswagen Products are
manufactured, assembled, and/or packaged outside of the United States. These
same products are then imported into the United States, sold for importation into
the United States, and/or sold after importation into the United States by
Volkswagen. These acts of Volkswagen constitute direct infringement of the ‘151
Patent. Claim charts demonstrating how the Accused Volkswagen Products
directly infringe the ‘151 Patent is attached as Exhibit 10.
94. These acts of Volkswagen also constitute contributory and induced
infringement of the ‘151 Patent. Claim charts demonstrating how the Accused
Volkswagen Products indirectly infringe the ‘151 Patent is attached as Exhibit 10.
95. Volkswagen is a contributory infringer because the Accused Volkswagen
Products are not staple articles of commerce and are not suitable for any
substantial non-infringing use. To the contrary, their sole, substantial use is to be
used in infringing systems as shown in the attached claim charts. Volkswagen has
previously been given actual knowledge of the ‘151 Patent at least as of June 2,
Company
Volkswagen
2015
Model
e-Golf
Product
39
2015, when ICC filed a Complaint asserting the ‘151 Patent against Respondents in
the Eastern District of Texas of their contributory infringement, and Volkswagen
knows that the Accused Volkswagen Products are specially adapted for use in
practicing the inventions of the ‘151 Patent.
D. Audi AG
96. Upon information and belief, Audi manufactures, markets, sells for
importation, imports, and/or sells after importation into the United States
products that directly and/or indirectly infringe the ‘151 Patent ("the Accused
Audi Products").
97. The Accused Audi Products include vehicles sold under the following
names and model numbers:
98. On information and belief, the Accused Audi Products are manufactured,
assembled, and/or packaged outside of the United States. These same products
are then imported into the United States, sold for importation into the United
States, and/or sold after importation into the United States by Audi. These acts of
Audi constitute direct infringement of the ‘151 Patent. Claim charts demonstrating
how the Accused Audi Products directly infringe the ‘151 Patent are attached as
Exhibit 12.
Company
Audi
2015
Product
Model
Q7
40
99. These acts of Audi also constitute contributory and induced
infringement of the ‘151 Patent. Claim charts demonstrating how the Accused
Audi Products indirectly infringe the ‘151 Patent is attached as Exhibit 12.
100. Audi is a contributory infringer because the Accused Audi Products are
not staple articles of commerce and are not suitable for any substantial non-
infringing use. To the contrary, their sole, substantial use is to be used in
infringing systems as shown in the attached claim charts. Audi has previously been
given actual knowledge of the ‘151 Patent at least as of June 2, 2015, when ICC
filed a Complaint asserting the ‘151 Patent against Respondents in the Eastern
District of Texas of their contributory infringement, and Audi knows that the
Accused Audi Products are specially adapted for use in practicing the inventions of
the ‘151 Patent.
E. BMW
101. Upon information and belief, BMW manufactures, markets, sells for
importation, imports, and/or sells after importation into the United States
products that directly and/or indirectly infringe the ‘151 Patent ("the Accused
BMW Products").
102. The Accused BMW Products include vehicles sold under the following
names and model numbers:
41
103. On information and belief, the Accused BMW Products are
manufactured, assembled, and/or packaged outside of the United States. These
same products are then imported into the United States, sold for importation into
the United States, and/or sold after importation into the United States by BMW.
These acts of BMW constitute direct infringement of the ‘151 Patent. Claim charts
demonstrating how the Accused BMW Products directly infringe the ‘151 Patent
are attached as Exhibit 14.
104. These acts of BMW also constitute contributory and induced
infringement of the ‘151 Patent. Claim charts demonstrating how the Accused
BMW Products indirectly infringe the ‘151 Patent is attached as Exhibit 14.
105. BMW is a contributory infringer because the Accused BMW Products are
not staple articles of commerce and are not suitable for any substantial non-
infringing use. To the contrary, their sole, substantial use is to be used in
infringing systems as shown in the attached claim charts. BMW has previously
been given actual knowledge of the ‘151 Patent at least as of June 2, 2015, when
ICC filed a Complaint asserting the ‘151 Patent against Respondents in the Eastern
District of Texas of their contributory infringement, and BMW knows that the
Accused BMW Products are specially adapted for use in practicing the inventions
of the ‘151 Patent.
Company
BMW
2015
2015
Product - BMW I Remote®
Model
i8
i3
42
F. Dr. Ing. h.c. F. Porsche AG
106. Upon information and belief, Porsche AG manufactures, markets, sells
for importation, imports, and/or sells after importation into the United States
products that directly and/or indirectly infringe the ‘151 Patent ("the Accused
Porsche AG Products").
107. The Accused Porsche AG Products include vehicle sold under the
following names and model numbers:
108. On information and belief, the Accused Porsche AG Products are
manufactured, assembled, and/or packaged outside of the United States. These
same products are then imported into the United States, sold for importation into
the United States, and/or sold after importation into the United States by Porsche
AG. These acts of Porsche AG constitute direct infringement of the ‘151 Patent.
Claim charts demonstrating how the Accused Porsche AG Products directly
infringe the ‘151 Patent are attached as Exhibit 16.
109. These acts of Porsche AG also constitute contributory and induced
infringement of the ‘151 Patent. Claim charts demonstrating how the Accused
Porsche AG Products indirectly infringe the ‘151 Patent is attached as Exhibit 16.
Company
Porsche AG
Panamera 918 Spyder Macan Cayenne
Panamera 918 Spyder Macan Cayenne
2015
2014
Product - Porsche Car Connect ®
Models
43
110. Porsche AG is a contributory infringer because the Accused Porsche AG
Products are not staple articles of commerce and are not suitable for any
substantial non-infringing use. To the contrary, their sole, substantial use is to be
used in infringing systems as shown in the attached claim charts. Porsche AG has
previously been given actual knowledge of the ‘151 Patent at least as of June 2,
2015, when ICC filed a Complaint asserting the ‘151 Patent against Respondents in
the Eastern District of Texas of their contributory infringement, and Porsche AG
knows that the Accused Porsche AG Products are specially adapted for use in
practicing the inventions of the ‘151 Patent.
G. DEI Holdings, Inc.
111. Upon information and belief, Directed Electronics manufactures,
markets, sells for importation, imports, and/or sells after importation into the
United States products that directly and/or indirectly infringe the ‘151 Patent
("the Accused Directed Electronics Products").
112. The Accused Directed Electronics Products include vehicle security
systems sold under the following names and model numbers:
Company
Directed Electronics
Viper SmartStart
Model
VSS5000
VMS250
Product
VSS3001
44
113. On information and belief, the Accused Directed Electronics Products are
manufactured, assembled, and/or packaged outside of the United States. These
same products are then imported into the United States, sold for importation into
the United States, and/or sold after importation into the United States by Directed
Electronics. These acts of Directed Electronics constitute direct infringement of
the ‘151 Patent. Claim charts demonstrating how the Accused Directed Electronics
Products directly infringe the ‘151 Patent are attached as Exhibit 18.
114. These acts of Directed Electronics also constitute contributory and
induced infringement of the ‘151 Patent. Claim charts demonstrating how the
Accused Directed Electronics Products indirectly infringe the ‘151 Patent is
attached as Exhibit 18.
115. Directed Electronics is a contributory infringer because the Accused
Directed Electronics Products are not staple articles of commerce and are not
suitable for any substantial non-infringing use. To the contrary, their sole,
substantial use is to be used in infringing systems as shown in the attached claim
charts. Directed Electronics has previously been given actual knowledge of the
‘151 Patent at least as of June 2, 2015, when ICC filed a Complaint asserting the
‘151 Patent against Respondents in the Eastern District of Texas of their
contributory infringement, and Directed Electronics knows that the Accused
Directed Electronics Products are specially adapted for use in practicing the
inventions of the ‘151 Patent.
45
H. Samsung Electronics Co., Ltd.
116. Upon information and belief, Samsung manufactures, markets, sells for
importation, imports, and/or sells after importation into the United States
products that directly and/or indirectly infringe the ‘151 Patent ("the Accused
Samsung Products").
117. The Accused Samsung Products include smartwatches sold under the
following names and model numbers:
118. On information and belief, the Accused Samsung Products are
manufactured, assembled, and/or packaged outside of the United States. These
same products are then imported into the United States, sold for importation into
the United States, and/or sold after importation into the United States by
Samsung. These acts of Samsung constitute direct infringement of the ‘151 Patent.
Claim charts demonstrating how the Accused Samsung Products directly infringe
the ‘151 Patent are attached as Exhibit 20.
119. These acts of Samsung also constitute contributory and induced
infringement of the ‘151 Patent. Claim charts demonstrating how the Accused
Samsung Products indirectly infringe the ‘151 Patent is attached as Exhibit 20.
Company
Samsung
Gear Live
Product
Model
Galaxy Gear 2 (tizen)
Galaxy Gear 2 (Andriod Wear)
46
120. Samsung is a contributory infringer because the Accused Samsung
Products are not staple articles of commerce and are not suitable for any
substantial non-infringing use. To the contrary, their sole, substantial use is to be
used in infringing systems as shown in the attached claim charts. Samsung has
previously been given actual knowledge of the ‘151 Patent at least as of June 2,
2015, when ICC filed a Complaint asserting the ‘151 Patent against Respondents in
the Eastern District of Texas of their contributory infringement, and Samsung
knows that the Accused Samsung Products are specially adapted for use in
practicing the inventions of the ‘151 Patent.
I. LG Corporation
121. Upon information and belief, LG manufactures, markets, sells for
importation, import, and/or sells after importation into the United States products
that directly and/or indirectly infringe the ‘151 Patent ("the Accused LG
Products").
122. The Accused LG Products include smartwatches sold under the following
names and model numbers:
Company
LG
G Watch R
Model
G Watch
Product
47
123. On information and belief, the Accused LG Products are manufactured,
assembled, and/or packaged outside of the United States. These same products
are then imported into the United States, sold for importation into the United
States, and/or sold after importation into the United States by LG. These acts of LG
constitute direct infringement of the ‘151 Patent. Claim charts demonstrating how
the Accused LG Products directly infringe the ‘151 Patent are attached as Exhibit
22.
124. These acts of LG also constitute contributory and induced infringement
of the ‘151 Patent. Claim charts demonstrating how the Accused LG Products
indirectly infringe the ‘151 Patent is attached as Exhibit 22.
125. LG is a contributory infringer because the Accused LG Products are not
staple articles of commerce and are not suitable for any substantial non-infringing
use. To the contrary, their sole, substantial use is to be used in infringing systems
as shown in the attached claim charts. LG has previously been given actual
knowledge of the ‘151 Patent at least as of June 2, 2015, when ICC filed a
Complaint asserting the ‘151 Patent against Respondents in the Eastern District of
Texas of their contributory infringement, and LG knows that the Accused LG
Products are specially adapted for use in practicing the inventions of the ‘151
Patent.
J. Sony Corporation
126. Upon information and belief, Sony manufactures, markets, sells for
importation, import, and/or sells after importation into the United States products
48
that directly and/or indirectly infringe the ‘151 Patent ("the Accused Sony
Products").
127. The Accused Sony Products include smartwatches sold under the
following names and model numbers:
128. Upon information and belief, the Accused Sony Products are
manufactured, assembled, and/or packaged outside of the United States. These
same products are then imported into the United States, sold for importation into
the United States, and/or sold after importation into the United States by Sony.
These acts of Sony constitute direct infringement of the ‘151 Patent. Claim charts
demonstrating how the Accused Sony Products directly infringe the ‘151 Patent
are attached as Exhibit 24.
129. These acts of Sony also constitute contributory and induced
infringement of the ‘151 Patent. Claim charts demonstrating how the Accused
Sony Products indirectly infringe the ‘151 Patent is attached as Exhibit 24.
130. Sony is a contributory infringer because the Accused Sony Products are
not staple articles of commerce and are not suitable for any substantial non-
infringing use. To the contrary, their sole, substantial use is to be used in
infringing systems as shown in the attached claim charts. Sony has previously
been given actual knowledge of the ‘151 Patent at least as of June 2, 2015, when
Company
Sony Model
Smartwatch 3
Product
49
ICC filed a Complaint asserting the ‘151 Patent against Respondents in the Eastern
District of Texas of their contributory infringement, and Sony knows that the
Accused Sony Products are specially adapted for use in practicing the inventions of
the ‘151 Patent.
K. Lenovo Group Limited
131. Upon information and belief, Lenovo manufactures, markets, sells for
importation, imports, and/or sells after importation into the United States
products that directly and/or indirectly infringe the ‘151 Patent ("the Accused
Lenovo Products").
132. The Accused Lenovo Products include smartwatches sold under the
following names and model numbers:
133. On information and belief, the Accused Lenovo Products are
manufactured, assembled, and/or packaged outside of the United States. These
same products are then imported into the United States, sold for importation into
the United States, and/or sold after importation into the United States by Lenovo.
These acts of Lenovo constitute direct infringement of the ‘151 Patent. Claim
charts demonstrating how the Accused Lenovo Products directly infringe the ‘151
Patent are attached as Exhibit 26.
Company
Lenovo / Motorola
Moto 360
Product
Model
50
134. These acts of Lenovo also constitute contributory and induced
infringement of the ‘151 Patent. Claim charts demonstrating how the Accused
Lenovo Products indirectly infringe the ‘151 Patent is attached as Exhibit 26.
135. Lenovo is a contributory infringer because the Accused Lenovo Products
are not staple articles of commerce and are not suitable for any substantial non-
infringing use. To the contrary, their sole, substantial use is to be used in
infringing systems as shown in the attached claim charts. Lenovo has previously
been given actual knowledge of the ‘151 Patent at least as of June 2, 2015, when
ICC filed a Complaint asserting the ‘151 Patent against Respondents in the Eastern
District of Texas of their contributory infringement, and Lenovo knows that the
Accused Lenovo Products are specially adapted for use in practicing the
inventions of the ‘151 Patent.
L. Motorola Mobility, Inc.
136. Upon information and belief, Motorola manufactures, markets, sells for
importation, import, and/or sells after importation into the United States products
that directly and/or indirectly infringe the ‘151 Patent ("the Accused Motorola
Products").
137. The Accused Motorola Products include smartwatches sold under the
following names and model numbers:
Company
Lenovo / Motorola
Moto 360
Product
Model
51
138. On information and belief, the Accused Motorola Products are
manufactured, assembled, and/or packaged outside of the United States. These
same products are then imported into the United States, sold for importation into
the United States, and/or sold after importation into the United States by
Motorola. These acts of Motorola constitute direct infringement of the ‘151 Patent.
Claim charts demonstrating how the Accused Motorola Products directly infringe
the ‘151 Patent are attached as Exhibit 26.
139. These acts of Motorola also constitute contributory and induced
infringement of the ‘151 Patent. Claim charts demonstrating how the Accused
Motorola Products indirectly infringe the ‘151 Patent is attached as Exhibit 26.
140. Motorola is a contributory infringer because the Accused Motorola
Products are not staple articles of commerce and are not suitable for any
substantial non-infringing use. To the contrary, their sole, substantial use is to be
used in infringing systems as shown in the attached claim charts. Motorola has
previously been given actual knowledge of the ‘151 Patent at least as of June 2,
2015, when ICC filed a Complaint asserting the ‘151 Patent against Respondents in
the Eastern District of Texas of their contributory infringement, and Motorola
knows that the Accused Motorola Products are specially adapted for use in
practicing the inventions of the ‘151 Patent.
52
M. Apple, Inc.
141. Apple manufactures, markets, sells for importation, import, and/or sells
after importation into the United States products that directly and/or indirectly
infringe the ‘151 Patent ("the Accused Apple Products").
142. The Accused Apple Products include smartwatches sold under the
following names and model numbers:
143. On information and belief, the Accused Apple Products are
manufactured, assembled, and/or packaged outside of the United States. These
same products are then imported into the United States, sold for importation into
the United States, and/or sold after importation into the United States by Apple.
These acts of Apple constitute direct infringement of the ‘151 Patent. Claim charts
demonstrating how the Accused Apple Products directly infringe the ‘151 Patent
are attached as Exhibit 28.
144. These acts of Apple also constitute contributory and induced
infringement of the ‘151 Patent. Claim charts demonstrating how the Accused
Apple Products indirectly infringe the ‘151 Patent is attached as Exhibit 28.
145. Apple is a contributory infringer because the Accused Apple Products
are not staple articles of commerce and are not suitable for any substantial non-
Company
Apple
Product
Model
Apple Watch
53
infringing use. To the contrary, their sole, substantial use is to be used in
infringing systems as shown in the attached claim charts. Apple has previously
been given actual knowledge of the ‘151 Patent at least as of June 2, 2015, when
ICC filed a Complaint asserting the ‘151 Patent against Respondents in the Eastern
District of Texas of their contributory infringement, and Apple knows that the
Accused Apple Products are specially adapted for use in practicing the inventions
of the ‘151 Patent.
N. Station Digital Media, Inc.
146. Station Digital manufactures and develops for importation, import,
and/or sells after importation into the United States products that directly and/or
indirectly infringe the ‘151 Patent ("the Accused Station Digital Products").
147. The Accused Station Digital Products include smartwatch vehicular
systems components and/or software sold under the following names and model
numbers:
54
148. On information and belief, the Accused Station Digital Products are
developed, manufactured, assembled, and/or packaged outside of the United
States. These same products are then imported into the United States, sold for
importation into the United States, and/or sold after importation into the United
States by Hyundai Motor Company. These acts of Station Digital constitute direct
infringement of the ‘151 Patent. Claim charts demonstrating how the Accused
Station Digital Products directly infringe the ‘151 Patent are attached as Exhibit
30.
149. These acts of Station Digital also constitute contributory and induced
infringement of the ‘151 Patent. Claim charts demonstrating how the Accused
Station Digital Products indirectly infringe the ‘151 Patent is attached as Exhibit
30.
150. Station Digital is a contributory infringer because the Accused Station
Digital Products are not staple articles of commerce and are not suitable for any
substantial non-infringing use. To the contrary, their sole, substantial use is to be
used in infringing systems as shown in the attached claim charts. Station Digital
has previously been given actual knowledge of the ‘151 Patent at least as of June 2,
2015, when ICC filed a Complaint asserting the ‘151 Patent against Respondents in
the Eastern District of Texas of their contributory infringement, and Station Digital
knows that the Accused Station Digital Products are specially adapted for use in
practicing the inventions of the ‘151 Patent.
55
O. Rego Apps, LLC
151. Upon information and belief, Rego manufactures and develops for
importation, import, and/or sells after importation into the United States products
that directly and/or indirectly infringe the ‘151 Patent ("the Accused Rego
Products").
152. The Accused Rego Products include smartwatch vehicular systems
components and/or software sold under the following names and model numbers:
153. On information and belief, the Accused Rego Products are imported into
the United States, sold for importation into the United States, and/or sold after
importation into the United States by Rego. These acts of Rego constitute direct
infringement of the ‘151 Patent. Claim charts demonstrating how the Accused
Rego Products directly infringe the ‘151 Patent are attached as Exhibit 32.
154. These acts of Rego also constitute contributory and induced
infringement of the ‘151 Patent. Claim charts demonstrating how the Accused
Rego Products indirectly infringe the ‘151 Patent is attached as Exhibit 32.
155. Rego is a contributory infringer because the Accused Rego Products are
not staple articles of commerce and are not suitable for any substantial non-
Company
BMW
2015
Product
Model
Rego S
56
infringing use. To the contrary, their sole, substantial use is to be used in
infringing systems as shown in the attached claim charts. Rego has previously
been given actual knowledge of the ‘151 Patent at least as of June 2, 2015, when
ICC filed a Complaint asserting the ‘151 Patent against Respondents in the Eastern
District of Texas of their contributory infringement, and Rego knows that the
Accused Rego Products are specially adapted for use in practicing the inventions
of the ‘151 Patent.
VIII. SPECIFIC INSTANCES OF UNFAIR IMPORTATION AND SALE
156. The Proposed Respondents have sold for importations, imported, and/or
sold after importation in the United States Accused Products as identified below.
157. The United States National Highway Traffic Safety Administration
requires that all “passenger cars, multipurpose passenger vehicles, trucks, buses,
trailers (including trailer kits), incomplete vehicles, and motorcycles” bear a 17-
character vehicle identification number (VIN). (49 C.F.R. 565.1 et seq.) The VIN is
assigned by the automobile manufacturer, and must be affixed on the car in a
location that is not designed to be removed. Typically, the VIN is listed at least on
a sticker inside the driver’s door panel, as well as on a panel on the dash-board
facing out the windshield just above the steering wheel.
158. The first three digits of the VIN identify the manufacturer, make and type
of motor vehicle. The first digit typically identifies the country of final assembly,
for example vehicles with VIN’s that begin in the letter “J” are manufactured in
57
Japan, those that begin in the number “3” are manufactured in Mexico, etc. A
sampling of codes as relevant to the exemplary Accused Products follows:
2 = Canada J = Japan 3 = Mexico K = Republic of Korea
W = Germany Y = Sweden S = England
159. The VIN of each of the exemplary Accused Products begins in a character
indicating that the automobile was made outside the United States. The
exemplary Accused Products were all offered for sale or sold in the United States.
This proves that the exemplary Accused Products were each manufactured abroad
and imported into the United States. The VIN for each exemplary accused product
is identified below and in the supporting claim charts at Exhibits 5-32.
160. Further, the Automobile Information Disclosure Act of 1958, 15 U.S.C. §§
1231-1233, requires:
“Every manufacturer of new automobiles distributed in commerce shall… securely
affix to the windshield, or side window of such automobile a label on which such
manufacturer shall endorse clearly, distinctly and legibly true and correct entries
disclosing the following information concerning such automobile - the final
assembly point.”
161. Even for automobiles that were finally assembled in the United States,
many such automobiles use smartwatch vehicular systems manufactured abroad
and imported into the United States. Such products are similarly embodied in the
scope of this Complaint.
58
A. Hyundai Motor Company
162. Upon information and belief, Hyundai sells for importation, imports,
and/or sells after importation into the United States the Accused Hyundai
Products, for example, the Hyundai Elantra GT with Blue Link ® smartwatch
application. One 2015 Hyundai Sonata bears the VIN KMHD35LH2FU242485,
indicating that it was manufactured in Ulsan, Korea
163. Further, the Automobile Information Disclosure Act sticker at Exhibit 5
reveals that the Accused Hyundai Products are being imported, distributed for
commerce, and are widely available for sale in the United States.
164. The 2015 Hyundai Elantra GTand other Accused Hyundai Products are
available at Hyundai dealers nationwide, including but not limited to Planet
Hyundai located at 15601 W Colfax Ave Golden, CO 80401.
B. General Motors Company & OnStar, LLC.
165. Upon information and belief, GM sells for importation, imports, and/or
sells after importation into the United States the Accused GM Products, for
example, the Chevrolet, Buick, GMC and Cadillac brands with the OnStar
RemoteLink ® smartwatch application. One 2015 Chevrolet Camaro bears the
VIN 2G1FB3D34E9170555, indicating that it was manufactured Oshawa, ON
Canada.
59
166. Further, the Automobile Information Disclosure Act sticker at Exhibit 7
reveals that the Accused GM Products are being imported, distributed for
commerce, and are widely available for sale in the United States.
167. The 2015 Chevrolet Camaro and other Accused GM Products are
available at GM dealers nationwide, including but not limited to Medved Chevrolet
Cadillac located at 11001 Interstate 70 Frontage Road North, Wheat Ridge, CO
80033.
C. Volkswagen AG
168. Upon information and belief, Volkswagen sells for importation, imports,
and/or sells after importation into the United States the Accused Volkswagen
Product, for example, the e-Golf with smartwatch keyfob applications. One 2015
e-Golf bears the VIN WVWKP7AU4FW90698 indicating that it was manufactured
in Germany.
169. Further, the Automobile Information Disclosure Act sticker at Exhibit 9
reveals that the Accused Volkswagen Product are being imported, distributed for
commerce, and are widely available for sale in the United States.
170. The 2015 e-Golf is available at Volkswagen dealers nationwide, including
but not limited to Coastal Volkswagen located at 1 Saturn Drive Hanover, MA
02339.
60
D. Audi AG
171. Upon information and belief, Audi sells for importation, imports, and/or
sells after importation into the United States the Accused Audi Product, for
example, the Audi Q7 with smartwatch keyfob applications. One 2015 Audi Q7
bears the VIN WA1CGAFP5FAO34516, indicating that it was manufactured in
Germany.
172. Further, the Automobile Information Disclosure Act sticker at Exhibit 11
reveals that the Accused Audi Product are being imported, distributed for
commerce, and are widely available for sale in the United States.
173. The 2015 Audi Q7 and other Accused Audi Products are available at Audi
dealers nationwide, including but not limited to Audi Denver located at 6060 S
Broadway, Littleton, CO 80121.
E. BMW AG
174. Upon information and belief, BMW sells for importation, imports, and/or
sells after importation into the United States the Accused BMW Product, for
example, the BMW i3 with smartwatch keyfob applications. One 2015 BMW i3
bears the VIN WBY1Z2C50EVX51234, indicating that it was manufactured in
Germany.
175. Further, the Automobile Information Disclosure Act sticker at Exhibit 13
reveals that the Accused BMW Products are being imported, distributed for
commerce, and are widely available for sale in the United States.
61
176. The 2015 BMW i3 and other Accused BMW Products are available at
BMW dealers nationwide, including but not limited to BMW of Denver located at
2910 S Havana St, Aurora, CO 80014.
F. Porsche AG
177. Upon information and belief, Porsche AG sells for importation, imports,
and/or sells after importation into the United States the Accused Porsche AG
Product, for example, the Porsche Cayenne Turbo S with smartwatch keyfob
applications. One 2014 Porsche Cayenne Turbo S bears the VIN
WP1AC2A28ELA85911, indicating that it was manufactured in Germany.
178. Further, the Automobile Information Disclosure Act sticker at Exhibit 15
reveals that the Accused Porsche AG Products are being imported, distributed for
commerce, and are widely available for sale in the United States.
179. The 2014 Porsche Cayenne Turbo S and other Accused Porsche AG
Products are available at Porsche dealers nationwide, including but not limited to
Stevinson Imports, 5500 South Broadway, Littleton, CO 80121.
G. DEI Holdings, Inc.
180. Upon information and belief, prior to filing this Complaint,
representatives for ICC purchased representative Accused Directed Electronics
Products in the United States. A copy of a receipt of one of those purchases is
62
attached hereto as Exhibit 33. The packaging for these Accused Directed
Electronics Products indicates that the products were made outside the United
States. For example, the packaging of the representative Accused Directed
Electronics Product states that it was "Made in China."
H. Samsung Electronics Co., Ltd.
181. Upon information and belief, prior to filing this Complaint,
representatives for ICC purchased representative Accused Samsung Products in
the United States. A copy of a receipt of one of those purchases is attached hereto
as Exhibit 34. The packaging for these Accused Samsung Products indicates that
the products were made outside the United States. For example, the packaging of
the representative Accused Samsung Product states that it was "Made in Vietnam."
I. LG Corporation
182. Upon information and belief, prior to filing this Complaint,
representatives for ICC purchased representative Accused LG Products in the
United States. A copy of a receipt of one of those purchases is attached hereto as
Exhibit 35. The packaging for these Accused LG Products indicates that the
products were made outside the United States. For example, the packaging of the
representative Accused LG Product states that it was "Made in Korea."
63
J. Sony Corporation
183. Upon information and belief, Upon information and belief, prior to filing
this Complaint, representatives for ICC purchased representative Accused Sony
Products in the United States. A copy of a receipt of one of those purchases is
attached hereto as Exhibit 36. The packaging for these Accused Sony Products
indicates that the products were made outside the United States. For example, the
packaging of the representative Accused Sony Product states that it was "Made in
China."
K. Lenovo Group Limited / Motorola Mobility, Inc.
184. Upon information and belief, prior to filing this Complaint,
representatives for ICC purchased representative Accused Motorola Products in
the United States. A copy of a receipt of one of those purchases is attached hereto
as Exhibit 37. The packaging for these Accused Motorola Products indicates that
the products were made outside the United States. For example, the packaging of
the representative Accused Motorola Product states that it was "Made in China."
IX. HARMONIZED TARIFF SCHEDULE ITEM NUMBERS
185. Upon information and belief, the Accused Products fall within at least the
8511.80.20, 8525.20.9080, and/or 9102.19.20 classification of the Harmonized
Tariff Schedule ("HTS") of the United States. See Exhibit 4. The identified HTS
number is intended to be for illustration only and is not exhaustive of the products
64
accused of infringement in this Complaint. The HTS number is not intended to
limit the scope of the Investigation.
X. FOREIGN PATENTS CORRESPONDING
186. In accordance with Commission Rule 2l0.l2(a)(9)(v), ICC is unaware of any
foreign counterparts to the asserted ‘151 Patent.
XI. RELATED LITIGATION
187. On June 2, 2015, ICC filed a Complaint in the Eastern District of Texas,
accusing Hyundai Motor Company et al et al. of infringing ICC’s Asserted Patents.
See Exhibit 40 (Intellectual Capital Consulting, Ltd. v. Hyundai Motor Company et al.,
Case No. 2:15-cv-00917-RWS-RSP. Discovery has not yet commenced in this
action.
XII. THE DOMESTIC INDUSTRY
188. In accordance with 19 U.S.C. § 1337(a)(2) and 19 U.S.C. § 1337(a)(3), a
domestic industry exists and is also in the process of being established in the
United States in connection with the ‘151 Patent. Specifically, ICC has established
and is actively engaged in developing a domestic industry in the United States in
products covered by the ‘151 Patent. Furthermore, ICC has made significant
investments in engineering hours, research and development, pre-and post-
manufacturing activities in the United States, such as conceptualizing product
requirements and specifications, simulating designs, testing, marketing and selling
65
to support its products practicing the Asserted Patent. Additionally, ICC does not
have any licensees and is not relying upon any license to establish standing or
satisfy the domestic injury requirement.
A. ICC Meets the Economic Prong of the Domestic Industry
Requirement
189. ICC offers a number of products that are covered by the ‘151 Patent, and
is preparing to offer additional such products (the "ICC Patented Products"). Prior
to product development, ICC previously manufactured prototypes of its ICC
Patented Products in working towards commercialization. ICC has completed the
pre-production phase and is marketing the ICC Patented Products under the
Blackhawk Remote Engine Starter (Blackhawk RES) brand.
190. Section 337(a)(3) sets forth the criteria for establishing the "economic
prong." Specifically, "an industry in the United States shall be considered to exist if
there is in the United States, with respect to the articles protected by patent ... (A)
significant investment in plant and equipment; (B) significant employment of
labor or capital; or (C) substantial investment in its exploitation, including
engineering, research and development, or licensing." 19 U.S.C. § 1337(a)(3)(A)-
(C). Satisfaction of anyone of these criteria is sufficient to meet the economic
prong of the domestic industry requirement. Certain Silicon Microphone Packages
and Products Containing the Same, Inv. No. 337-TA-695, Initial Determination, p.
86 (March 24, 2010). In the instant matter, ICC meets aspect § 337(a)(3)(C).
66
191. Moreover, since the ‘151 Patent arises from inventive work in the United
States and ICC has continuously taken the necessary steps toward
commercialization, thus it has sufficiently established a nexus between its
domestic investments and the asserted ‘151 Patent. (See SKG Decl.¶19 Ex. 49).
192. Furthermore, the Federal Circuit had held that the “articles protected by
the patent” requirement is satisfied when the patented technology was found in
both the licensed products and the accused products, concluding: “As long as the
patent covers the article that is the subject of the exclusion proceeding, and as long
as the party seeking relief can show that it has a sufficiently substantial
investment in the exploitation of the intellectual property to satisfy the domestic
industry requirement of the statute, that party is entitled to seek relief under
section 337.” See InterDigital Communications LLC v. ITC, 707 F.3d 1295, 1297-98
(Fed. Cir. 2013). Claim charts showing that the ICC Patented Products practice the
‘151 Patent are attached hereto as Confidential Exhibit 39.
193. ICC’s acquisition licensing investment of the ‘151 Patent rights have
driven the adoption, development and the production of Blackhawk RES domestic
articles, thus the in-licensing activity satisfies 19 U.S.C. § 1337(a)(3)(C). See
Confidential Exhibit 52
i. ICC Has Made a Substantial Investment within the United
States for the Exploitation of Articles Protected by the Asserted
Patent, Including Engineering, and Research and Development
67
194. ICC has made substantial investment in the United States for the
exploitation of its products practicing the claims of the Asserted Patents. For
example, ICC maintains significant wireless, warranty, and after-sales customer
service within the United States for its Blackhawk RES smartwatch vehicular
systems practicing the claims of the ICC Asserted Patent. Additionally, ICC
contracts with Aeris Communications to provide wireless support and services for
its current customers. Further, ICC has invested in continued research and
development in smartwatch interfaces applications for the vehicular system, as
detailed by the recent ICC design patent submission, U.S. Patent Application No.
29/513,798. See Confidential Exhibit 51.
B. Domestic Industry, If not Already Established, is in the Process of
Being Established
195. To the extent that ICC’s activities do not already establish domestic
industry, ICC’s investments demonstrate that it is taking necessary, tangible steps
to establish an industry in the United States, and there is a significant likelihood
that the domestic-industry requirement will be met in the future. As for the
legislative history of section 337(a)(2), an industry would be considered “in the
process of being established” if the patent owner “can demonstrate that he is
taking the necessary tangible steps to establish such an industry in the United
States.” S. Rep. 100-71 at 130. “The owner of the intellectual property right must
be actively engaged in steps leading to the exploitation of the intellectual property,
including application engineering, design work, or other such activities. The
Commission should determine whether the steps being taken indicate a significant
likelihood that the industry requirement will be satisfied in the future.” H. Rep.
68
100-40 at 157. Moreover, “the mere ownership of a patent or other form of
intellectual property rights would not be sufficient to satisfy this test.” S. Rep.
100-71 at 129.
i. What was the level of interest from potential manufacturers,
investors, and licensees in ICC’s technology prior to release of
the Respondents’ smartwatch vehicular systems? Did
Respondents’ release of smartwatch vehicular systems cause
this interest to decrease? To what extent would the
products(s) being developed by ICC compete with
Respondents’ products?
196. On or about September 10, 2014, the Specialty Equipment Marketing
Association (SEMA) selected ICC’s patented Blackhawk RES was as one of the top
five innovations and was invited to present the technology during SEMA’s annual
trade show in Las Vegas See Exhibit 42. Further, ICC debuted the ICC Patented
Products via the Blackhawk RES brand and launched a crowd funding campaign
during the SEMA presentation. There was and still is interest from potential
manufacturers, investors and licensees. For example, potential manufacturers
such as Audiovox and Delphi expressed interest in the technology. Unfortunately,
it is suspected that Audiovox lost interest in the technology due to the barrage of
non-licensed market entrants.
197. Additionally, one potential investor is the renowned start-up accelerator
Techstars. As a global ecosystem, Techstars empowers entrepreneurs to bring
new technologies to market wherever they choose to build their business. The
ITC Investigation Draft (non-confidential version)
ITC Investigation Draft (non-confidential version)
ITC Investigation Draft (non-confidential version)
ITC Investigation Draft (non-confidential version)
ITC Investigation Draft (non-confidential version)
ITC Investigation Draft (non-confidential version)
ITC Investigation Draft (non-confidential version)
ITC Investigation Draft (non-confidential version)
ITC Investigation Draft (non-confidential version)

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ITC Investigation Draft (non-confidential version)

  • 1. U.S. International Trade Commission Intellectual Capital Consulting, Ltd. Certain Vehicular Smartwatch Systems, Related Software and Components Thereof I. INTRODUCTION 1. This Complaint is filed by Intellectual Capital Consulting, Ltd. ("ICC" or "Complainant") under Section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. § 1337, based on the unlawful importation into the United States, the sale for importation into the United States, the sale within the United States after importation, and/or the use within the United States after importation by the proposed Respondents of certain smartwatch vehicular systems and components and software thereof that infringe certain claims of United States Patent No. 7,068,151 ("the ‘151 Patent") (also referred as the , "ICC Asserted Patent") either literally or under the doctrine of equivalents. 2. Intellectual Capital Consulting, Ltd. is a pioneer in the field of wristwatch operated vehicles security systems, also known as smartwatch vehicular systems. The ICC smartwatch vehicular system, which is sold under the trade name "Blackhawk RES," was the first commercialized aftermarket smartwatch vehicular system solution. 3. For many of consumers, smartphones have become the center of their lives, reminding them of appointments, keeping them up on the latest news, letting them know what friends are up to, telling them how to get to places, and even being a conduit to pay for products or services. At the same time, many new
  • 2. 2 vehicles don't require a traditional key, instead letting consumers use a plastic key fob remote to transmit RF signals to unlock doors and start the engine. Included with the Blackhawk RES system is this traditional method of user engagement. 4. As an extension of the smartphone and plastic key fob, ICC integrated the functions of these devices into wristwatch form factors, making one less item for users to carry in their pocket. The Blackhawk RES system sends signals over its data connection to ICC’s server, which then sends the lock or unlock signal to the car, there is no distance restriction. Users can activate the locks from anywhere in the world that have a data connection for their mobile phones. 5. In addition, the Blackhawk RES system incorporates a GPS module, enabling a geo-fencing feature useful for parents. With that, consumers can use the Blackhawk RES system to define a circular area around a central point. If the car was driven outside of that area, the Blackhawk RES system shows an alert. 6. One of the challenges ICC faced in creating a commercially viable product was to create a smartwatch vehicular system that matched the performance, reliability and pricing of traditional plastic key fob, smartphone and GPS tracking system solutions. ICC surpassed this challenge and developed a smartwatch vehicular system that was commensurate to existing solutions like plastic key fob, smartphone and GPS tracking security systems. To do so, ICC developed unique, market rate, mid-tier and elite packaging options to appeal to the spectrum of vehicle enthusiasts. Further, ICC needed to package the wristwatch remote in a fashion forward manner while providing the user with necessary notifications, alerts and/or updates from the vehicle. This is the essence of the ‘151 Patent.
  • 3. 3 7. A user of the Blackhawk RES system will not only be able to keep track of the time and check notifications from their smartphone via the smartwatch but also will be able to arm/lock, disarm/unlock and remotely start their vehicle by interfacing with the smartwatch. Moreover, it is common for people to lose or misplace their keys along with the plastic remote fob that is attached to the keys. Since the smartwatch situated on the users wrist, the user never has to worry about damage due to dropping on a hard surfaces, in liquids (ex. water), or even losing their plastic remote fob. Therefore, the ICC smartwatch vehicular technology drastically improves consumer smartwatch adaptation, system reliability, and significantly increases user convenience. 8. The proposed Respondents Hyundai Motor Company, Hyundai Motor America, Hyundai Motor Manufacturing Alabama, LLC (collectively, “Hyundai”), General Motors Corporation, General Motors LLC, OnStar, LLC (collectively, “GM”), Audi AG, Audi of America LLC, Audi of America, Inc. (collectively, “Audi”), Volkswagen AG, Volkswagen Group of America, Inc. (collectively, “Volkswagen”), BMW of North America, LLC, Bayerische Motoren Werke AG (collectively, “BMW”), Dr. Ing. h.c. F. Porsche AG, Porsche Cars North America, Inc. (collectively, “Porsche AG”), DEI Holdings, Inc., Directed Electronics, Inc. (collectively, “Directed Electronics”), Samsung Electronics Co. Ltd., Samsung Electronics America, Inc., Samsung Telecommunications America LLC (collectively, “Samsung”), LG Corporation, LG Electronics U.S.A. Inc., LG Electronics MobileComm U.S.A., Inc. (collectively, “LG”), Sony Corporation, Sony Electronics, Inc., Sony Corporation of America (collectively, “Sony”), Lenovo Limited Group, Lenovo Holding Company, Inc., Lenovo (United States), Inc. (collectively, “Lenovo”), Motorola Mobility, Inc.
  • 4. 4 (“Motorola”), Apple, Inc. (Apple), Station Digital Media, Inc. (Station Digital) and Rego Apps, LLC (Rego) develop, manufacture, import, sell for importation into the United States, sell after importation into the United States, and uses after importation into the United States smartwatch vehicular systems and components and software therein, such as wristwatches and their on-board device components, operating systems, and/or other software (collectively, the "Accused Products"). As set forth in Section VII below, the Accused Products are manufactured abroad in locations such as, but not limited to, Korea, Vietnam, Mexico, Canada, Germany and China, and are imported for sale into the United States. The Accused Products incorporate, without any license from ICC, many technologies developed by ICC and protected by the patent owned by ICC. The patent-in-suit and their asserted claims (independent claims in bold) are listed below: 9. Certified copies of ICC’s Asserted Patent are included at Exhibit 1 ICC owns all rights, title, and interest in each of ICC’s Asserted Patents, including the right to sue for infringement. Certified copies of the assignment records for each of ICC’s Asserted Patent are included at Exhibit 2 & Confidential Exhibit 52. 10. A domestic industry as required by 19 U.S.C. §§ 1337(a)(2) and (3) exists or is in the process of being established in the United States relating to articles protected by ICC’s Asserted Patent, including significant investment in equipment, Patent Number Asserted Claims 7,068,151 (Independent claim in bold) Independent 1 Dependent 2, 3, 4, 5, 8, 10, 12, 14, 18, 19, 20, 21, 22
  • 5. 5 significant employment of labor and capital, and substantial investment in the exploitation of the invention claimed in ICC’s Asserted Patent, including through engineering, research, and development. 11. ICC seeks as relief a permanent limited exclusion order under 19 U.S.C. § 1337(d) barring from entry into the United States directly-infringing and/or indirectly infringing smartwatch vehicular systems, components and software thereof manufactured, sold, or used by or on behalf of Respondents. ICC further seeks as relief a permanent cease and desist order under 19 U.S.C. § 1337(f) prohibiting Respondents from marketing, distributing, selling, offering for sale, warehousing inventory for distribution, or otherwise transferring or bringing into the United States infringing smartwatch vehicular systems and/or their components and software thereof. II. COMPLAINANT 12. ICC is a limited liability company organized and existing under the laws of Colorado, having its principal place of business at 3160 W. 71st Avenue, suite 3- 307, Westminster, Colorado 80030. ICC is the assignee and exclusive licensee of the ICC Asserted Patent, with the right to sue for all infringement thereof. 13. Founded in 2010, ICC is a management consulting firm specializing in patent prosecution, and technology transfer and commercialization that acquired all rights to the ‘151 Patent, becoming a leading innovator of smartwatch vehicular systems. ICC has significant operations in the United States, including with respect to ICC’s Asserted Patent. ICC has researched, developed, tested, engineered,
  • 6. 6 assembled, packaged, and installed the ICC Asserted Patent under the brand name Blackhawk RES. 14. On July 18, 2014 the Specialty Equipment Marketing Association (SEMA) selected the Blackhawk RES as one of the Top 10 innovations of 2014 See Exhibit 42. In addition, SEMA launched a Facebook voting campaign to narrow the selected ten innovations down to five. On September 10, 2014, SEMA selected the Blackhawk RES was as one of the top five innovations and invited to present the technology during its 2014 SEMA trade show in Las Vegas See Exhibit 43. Further, ICC debuted the ICC Patented Products via the Blackhawk RES brand and launched a crowd funding campaign during the SEMA presentation. 15. ICC’s smartwatch vehicular system, specifically ICC’s smartwatch remote start products use the inventions claimed in ICC’s Asserted Patent. As explained in more detail in the chart included as Confidential Exhibit 39, one or more of ICC’s Asserted Patents is implemented in the Blackhawk RES system (including at least the Blackhawk RES 530, 810 and 818 series). 16. ICC researched and developed the technologies that are protected by ICC’s Asserted Patent. ICC is the full owner of all rights and title to the ICC Asserted Patent. Certified copies of the relevant assignment records are attached at Exhibits 2. Additionally, the confidential exclusive license agreement is attached at Confidential Exhibit 52. 17. ICC has made and continues to make significant investments in the design and development of products protected by ICC’s Asserted Patent. In the
  • 7. 7 United States, ICC exploits the technologies covered by ICC’s Asserted Patent through various activities, including substantial research and development, engineering, assembly, installation, and product and warranty support among others, as discussed more fully in Section XI below. III. THE PROPOSED RESPONDENTS 18. Upon information and belief, Hyundai Motor Company, General Motors Corporation, Audi AG, BMW AG, Dr. Ing. h.c. F. Porsche AG, Directed Electronics, Inc., Samsung Electronics Co. Ltd., LG Corporation, Sony Corporation, Lenovo Group Limited., Motorola Mobility, Inc., Apple, Inc., Station Digital Media, Inc., and Rego Apps, LLC each develop, manufacture, import, sell for importation into the United States, sell after importation into the United States, and/or uses after importation into the United States smartwatch vehicular systems and components and software therein, such as wristwatches and their on-board components, operating systems, and/or other software, as further described in Section VII below. A. Hyundai Motor Company 19. Upon information and belief, Hyundai Motor Company is a Korean company with a place of business at 231 Yangjae-dong, Seocho-gu, Seoul, South Korea 137-938. Further, Hyundai Motor Company is in the business of developing, making, offering for sale, selling, importing, and supporting products containing vehicular smartwatch systems, related software and components thereof including, without limitation, vehicles, and their respective on board components
  • 8. 8 that are manufactured outside of the United States. Moreover, said product either under the doctrine of equivalents, or directly and/or indirectly infringe the ‘151 Patent. Hyundai Motor Company is the parent corporation of Respondents Hyundai Motor America and Hyundai Motor Manufacturing Alabama. B. Hyundai Motor America 20. Upon information and belief, Hyundai Motor America is a California corporation with a place of business at 10550 Talbert Ave. Fountain View, CA 92708. Upon information and belief, Hyundai Motor America is a subsidiary of Hyundai Motor Company and, in part, responsible for U.S. operations. Hyundai Motor America sells, markets, distributes, manufactures, sells for importation, imports, and/or sells after importation into the United States product that either under the doctrine of equivalents, or directly and/or indirectly infringe the ‘151 Patent. Upon information and belief, further discovery will reveal additional details regarding the division of responsibilities amongst Hyundai-family entities. C. Hyundai Motor Manufacturing Alabama, LLC 21. Upon information and belief, Hyundai Motor Manufacturing Alabama, LLC is a Delaware limited liability company with its principal place of business at 700 Hyundai Blvd., Montgomery, Alabama 36105. Hyundai Motor Manufacturing Alabama, LLC is in the business of developing, making, offering for sale, selling, importing, and supporting products containing vehicular smartwatch systems, related software and components thereof including, without limitation, vehicles, and their respective on board components that are manufactured outside of the
  • 9. 9 United States that either under the doctrine of equivalents, or directly and/or indirectly infringe the ‘151 Patent. Hyundai Motor Manufacturing Alabama, LLC is a subsidiary corporation of Respondent Hyundai Motor Company. Hyundai Motor Manufacturing Alabama, LLC, Hyundai Motor America and Hyundai Motor Company are referred to collectively as “Hyundai.” D. General Motors Company 22. Upon information and belief, General Motors Company is a company organized under the laws of Delaware with its principal place of business at 300 Renaissance Center, Detroit, Michigan 48265. Further, General Motors Company is in the business of developing, making, offering for sale, selling, importing, and supporting products containing vehicular smartwatch systems, related software and components thereof including, without limitation, vehicles, and their respective on board components that are manufactured outside of the United States. Moreover, said product either under the doctrine of equivalents, or directly and/or indirectly infringe the ‘151 Patent. General Motors Company is the parent corporation of Respondents General Motors LLC and OnStar, LLC. E. General Motors, LLC 23. Upon information and belief, General Motors LLC is a limited liability company organized under the laws of Delaware with its principal place of business at 300 Renaissance Center, Detroit, Michigan 48265. General Motors, LLC is in the business of developing, making, offering for sale, selling, importing, and supporting products containing vehicular smartwatch systems, related software
  • 10. 10 and components thereof including, without limitation, vehicles, and their respective on board components that are manufactured outside of the United States that either under the doctrine of equivalents, or directly and/or indirectly infringe the ‘151 Patent. F. OnStar, LLC 24. Upon information and belief, OnStar, LLC is a limited liability company organized under the laws of Delaware with its principal place of business at 400 Renaissance Center, Detroit, Michigan 48265. OnStar, LLC is a subsidiary of General Motors Company and, in part, responsible for operations that use, sell, market, distribute, manufacture, sells for importation, imports, and/or sells after importation into the United States product that either under the doctrine of equivalents, or directly and/or indirectly infringe the ‘151 Patent. Patent. Upon information and belief, further discovery will reveal additional details regarding the division of responsibilities amongst GM-family entities. General Motors Company, General Motors, LLC and OnStar, LLC are referred to collectively as “GM.” G. Volkswagen AG 25. Upon information and belief, Volkswagen AG is a corporation organized and existing under the laws of Germany, having its principal place of business at Brieffach 1848-2, 38436 Wolfsburg, Germany. Further, Volkswagen AG is in the business of developing, making, offering for sale, selling, importing, and supporting products containing vehicular smartwatch systems, related software
  • 11. 11 and components thereof including, without limitation, vehicles, and their respective on board components that are manufactured outside of the United States. Moreover, said product either under the doctrine of equivalents, or directly and/or indirectly infringe the ‘151 Patent. Volkswagen AG is the parent corporation of Respondent Volkswagen Group of America, Inc. H. Volkswagen Group of America, Inc. 26. Upon information and belief, Volkswagen Group of America, Inc. is a New Jersey corporation with its headquarters and principal place of business located at 2200 Ferdinand Porsche Drive, Herndon, Virginia 20171. Upon information and belief, Volkswagen Group of America, Inc. is responsible for operations that use, sell, market, distribute, manufacture, sells for importation, imports, and/or sells after importation into the United States product that either under the doctrine of equivalents, or directly and/or indirectly infringe the ‘151 Patent. 27. Upon information and belief, Volkswagen AG and Volkswagen Group of America, Inc. bear the primary responsibility for the marketing and sales of Volkswagen-branded products within the United States. Upon information and belief, further discovery will reveal additional details regarding the division of responsibilities amongst Volkswagen-family entities. Volkswagen AG and Volkswagen Group of America, Inc. are referred to collectively as “Volkswagen.” I. Audi AG 28. Upon information and belief, Audi AG is a German corporation with its
  • 12. 12 principal place of business at Ettinger Strasse, D-85045, Ingolstadt, Germany. Further, Audi AG is in the business of developing, making, offering for sale, selling, importing, and supporting products containing vehicular smartwatch systems, related software and components thereof including, without limitation, vehicles, and their respective on board components that are manufactured outside of the United States. Moreover, said product either under the doctrine of equivalents, or directly and/or indirectly infringe the ‘151 Patent. Audi AG is the parent corporation of Respondents Audi of America, Inc. and Audi of America, LLC. Audi AG has primary responsibility for the business planning and manufacturing of Audi-branded products. J. Audi of America, Inc. 29. Upon information and belief, Audi of America, Inc. is a Delaware corporation with its principal place of business at 2200 Ferdinand Porsche Dr., Herndon, VA 20171. Audi of America, Inc. is a subsidiary of Audi AG and is, in part, responsible for operations that use, sell, market, distribute, manufacture, sells for importation, imports, and/or sells after importation into the United States product that either under the doctrine of equivalents, or directly and/or indirectly infringe the ‘151 Patent. K. Audi of America LLC 30. Upon information and belief, Audi of America LLC is a New Jersey corporation with its principal place of business at 3800 W. Hamlin Road, Auburn Hills, MI 48326. Audi of America LLC is a subsidiary of Audi AG and is, in part,
  • 13. 13 responsible for operations that use, sell, market, distribute, manufacture, sells for importation, imports, and/or sells after importation into the United States product that either under the doctrine of equivalents, or directly and/or indirectly infringe the ‘151 Patent. 31. Upon information and belief, Audi of America, Inc. and Audi of America LLC bear the primary responsibility for the importation, marketing, and sales of Audi-branded products within the United States. Upon information and belief, further discovery will reveal additional details regarding the division of responsibilities amongst Audi-family entities. Audi AG, Audi of America, Inc., and Audi of America, LLC are referred to collectively as “Audi.” L. Bayerische Motoren Werke AG 32. Upon information and belief, Bayerische Motoren Werke AG (“BMW AG”) is a corporation organized under the laws of the Federal Republic of Germany with its principal place of business at Petuelring 130, 80809 Munich, Germany. BMW AG designs and manufactures motor vehicles, parts, and other products for sale in Europe and for export and sale throughout the world. Further, BMW AG is in the business of developing, making, offering for sale, selling, importing, and supporting products containing vehicular smartwatch systems, related software and components thereof including, without limitation, vehicles, and their respective on board components that are manufactured outside of the United States. Moreover, said product either under the doctrine of equivalents, or directly and/or indirectly infringe the ‘151 Patent. BMW AG is the parent corporation of Respondents BMW of North America, LLC. BMW AG has primary
  • 14. 14 responsibility for the business planning and manufacturing of BMW-branded products M. BMW of North America, LLC 33. Upon information and belief, BMW of North America, LLC (“BMW NA”) is a Delaware limited liability company having its principal place of business at 300 Chestnut Ridge Road, Woodcliff Lake, New Jersey 07677. BMW NA is a wholly owned subsidiary of BMW (US) Holding Corporation, a Delaware corporation, which is a wholly owned subsidiary of BMW AG. BMW NA is responsible for operations that use, sell, market, distribute, manufacture, sells for importation, imports, and/or sells after importation into the United States product that either under the doctrine of equivalents, or directly and/or indirectly infringe the ‘151 Patent. 34. Upon information and belief, BMW AG and BMW NA bear the primary responsibility for the importation, marketing, and sales of BMW-branded products within the United States. Upon information and belief, further discovery will reveal additional details regarding the division of responsibilities amongst BMW- family entities. BMW AG and BMW of North America, LLC are referred to collectively as “BMW.” N. Dr. Ing. h.c. F. Porsche AG 35. Upon information and belief, Dr. Ing. h.c. F. Porsche AG is a corporation organized under the laws of Germany with its principal place of business at
  • 15. 15 Porscheplatz 1, D 70435, Stuttgart, Germany. Dr. Ing. h.c. F. Porsche AG designs and manufactures motor vehicles, parts, and other products for sale in Europe and for export and sale throughout the world. Further, Dr. Ing. h.c. F. Porsche AG is in the business of developing, making, offering for sale, selling, importing, and supporting products containing vehicular smartwatch systems, related software and components thereof including, without limitation, vehicles, and their respective on board components that are manufactured outside of the United States. Moreover, said product either under the doctrine of equivalents, or directly and/or indirectly infringe the ‘151 Patent. Dr. Ing. h.c. F. Porsche AG is the parent corporation of Respondent Porsche Cars of North America, Inc. Dr. Ing. h.c. F. Porsche AG has primary responsibility for the business planning and manufacturing of Porsche-branded products. O. Porsche Cars of North America, Inc. 36. Upon information and belief, Porsche Cars North America, Inc., is a corporation organized under the laws of Delaware, with its principal place of business at 980 Hammond Drive NE, Suite 1000, Atlanta, Georgia, 30328, and a registered agent at The Corporation Trust Company, 1209 Orange Street, Wilmington, Delaware, 1980. Upon information and belief, Porsche Cars North America, Inc. bears the primary responsibility for the importation, marketing, and sales of Porsche-branded products within the United States that either under the doctrine of equivalents, or directly and/or indirectly infringe the ‘151 Patent.. 37. Upon information and belief, further discovery will reveal additional details regarding the division of responsibilities amongst Porsche-family entities.
  • 16. 16 Dr. Ing. h.c. F. Porsche AG and Porsche Cars of North America, Inc. are referred to collectively as “Porsche” or “Porsche AG.” P. DEI Holdings, Inc. 38. Upon information and belief, DEI Holdings, Inc. is a Florida corporation with its principal place of business at One Viper Way, Vista, California 92083. DEI Holdings, Inc. is in the business of developing, making, offering for sale, selling, importing, and supporting products containing vehicular smartwatch systems, related software and components thereof including, without limitation, vehicle security systems, and their respective on board components that are manufactured outside of the United States. Moreover, said product either under the doctrine of equivalents, or directly and/or indirectly infringe the ‘151 Patent. DEI Holdings, Inc. is the parent corporation of Respondent Directed Electronics, Inc. 39. Upon information and belief, DEI Holdings, Inc. has primary responsibility for the business planning and support of Directed-branded products. Q. Directed Electronics, Inc. 40. Upon information and belief, Directed Electronics, Inc. is a corporation organized and existing under the laws of the State of California, having its principal place of business at One Viper Way, Vista, California 92083. Directed Electronics, Inc. is responsible for operations that use, sell, market, distribute,
  • 17. 17 manufacture, sells for importation, imports, and/or sells after importation into the United States product that either under the doctrine of equivalents, or directly and/or indirectly infringe the ‘151 Patent.. 41. Upon information and belief, DEI Holdings, Inc. and Directed Electronics, Inc. bear the primary responsibility for the importation, marketing, and sales of Directed Electronics-branded products within the United States. Upon information and belief, further discovery will reveal additional details regarding the division of responsibilities amongst Directed Electronics-family entities. DEI Holdings, Inc. and Directed Electronics, Inc. are referred to collectively as “Directed Electronics.” R. Samsung Electronics Co., Ltd. 42. Upon information and belief, Samsung Electronics Co., Ltd. is a corporation organized under the laws of South Korea with its principal place of business located at Samsung Main Building, 250, Taepyeongno 2-ga, Jung-gu, Seoul 100-742, Republic of Korea. Further, Samsung Electronics Co., Ltd. is in the business of developing, making, offering for sale, selling, importing, and supporting products incorporating vehicular smartwatch systems, related software and components thereof including, without limitation, smartwatches, and their respective components that are manufactured outside of the United States. Moreover, said product either under the doctrine of equivalents, or directly and/or indirectly infringe the ‘151 Patent. Samsung Electronics Co., Ltd. is the parent corporation of Respondents Samsung Electronics America, Inc. and Samsung Telecommunications America LLC. Samsung Electronics Co., Ltd. has
  • 18. 18 primary responsibility for the business planning and manufacturing of Samsung- branded products S. Samsung Electronics America, Inc. 43. Samsung Electronics America, Inc. is a New York corporation and a subsidiary of Samsung Electronics Co., Ltd. This Respondent’s principal place of business is located at 85 Challenger Rd., Ridgefield Park, NJ, 07660. It may be contacted with process through its registered agent in the Commonwealth of Virginia, CT Corporation System, 4701 Cox Rd., Suite 301, Glen Allen, Virginia 23060-6802. Samsung Electronics America, Inc. is responsible for operations that use, sell, market, distribute, manufacture, sells for importation, imports, and/or sells after importation into the United States product that either under the doctrine of equivalents, or directly and/or indirectly infringe the ‘151 Patent. T. Samsung Telecommunications America LLC 44. Samsung Telecommunications America LLC is a Delaware corporation and a subsidiary of Samsung Electronics Co., Ltd. This Respondent’s principal place of business is located at 1301 E. Lookout Drive, Richardson, Texas 75082. It may be contacted with process through its registered agent in the Commonwealth of Virginia, Corporation Service Company, 11 S. 12th St., PO Box 1463, Richmond, Virginia 23218. Samsung Telecommunications America LLC is responsible for operations that use, sell, market, distribute, manufacture, sells for importation, imports, and/or sells after importation into the United States product that either
  • 19. 19 under the doctrine of equivalents, or directly and/or indirectly infringe the ‘151 Patent. 45. Upon information and belief, Samsung Electronics America, Inc. and Samsung Telecommunications America LLC are subsidiaries of Samsung Electronics Co., Ltd. and bear the primary responsibility for the marketing and sales of Samsung-branded products within the United States. Upon information and belief, further discovery will reveal additional details regarding the division of responsibilities amongst Samsung-family entities. Samsung Electronics Co., Ltd., Samsung Electronics America, Inc., and Samsung Telecommunications America LLC are referred to collectively as “Samsung.” U. LG Corporation 46. Upon information and belief, LG Corporation is a South Korea corporation with its principal place of business in Seoul, South Korea. On information and belief, this Respondent may be contacted with process at its principal place of business at LG Twin Towers, 20 Yeouido-dong, Yeongdeungpo- gu, Seoul 150 - 721, South Korea. Further, LG Corporation is in the business of developing, making, offering for sale, selling, importing, and supporting products incorporating vehicular smartwatch systems, related software and components thereof including, without limitation, smartwatches, and their respective components that are manufactured outside of the United States. Moreover, said product either under the doctrine of equivalents, or directly and/or indirectly infringe the ‘151 Patent. LG Corporation is the parent corporation of Respondents LG Electronics U.S.A., Inc. and LG Electronics MobileComm U.S.A., Inc. LG
  • 20. 20 Corporation has primary responsibility for the business planning and manufacturing of LG-branded products. V. LG Electronics U.S.A., Inc. 47. Upon information and belief, LG Electronics U.S.A., Inc. is a Delaware corporation with its principal place of business at 1000 Sylvan Avenue Englewood Cliffs, New Jersey, U.S.A. 07632, U.S.A. This Respondent may be contacted with process in Delaware through its registered agent, United States Corporation Company, 2711 Centerville Road, Suite 400, Wilmington, Delaware 19808. 48. LG Electronics U.S.A., Inc. is a subsidiary of LG Corporation and is responsible for operations that use, sell, market, distribute, manufacture, sells for importation, imports, and/or sells after importation into the United States product that either under the doctrine of equivalents, or directly and/or indirectly infringe the ‘151 Patent.. Upon information and belief, further discovery will reveal additional details regarding the division of responsibilities amongst LG-family entities. W. LG Electronics MobileComm U.S.A., Inc. 49. LG Electronics MobileComm U.S.A., Inc. (“LGM”) is a California corporation with its principal place of business at 10225 Willow Creek Road, San Diego, California 92131, and at least one other place of business in the State of California at 2570 North 1st Street, #360, San Jose, California 95131. On information and belief, LGM is a wholly-owned subsidiary of LG Electronics U.S.A.,
  • 21. 21 Inc. On information and belief, LGM manufactures, has manufactured, uses, offers for sale, sells and/or imports into the United States various consumer electronics products, including smartwatches, conducts primary market and product research for LG Corporation and LG Electronics U.S.A., Inc. LGM is responsible for operations that use, sell, market, distribute, manufacture, sells for importation, imports, and/or sells after importation into the United States that either under the doctrine of equivalents, or directly and/or indirectly infringe the ‘151 Patent. LG Corporation, LG Electronics U.S.A., Inc., and LG Electronics MobileComm U.S.A., Inc. are referred to collectively as “LG.” X. Sony Corporation 50. Upon information and belief, Sony Corporation is a corporation organized under the laws of Japan with its principal place of business at 1-7-1 Konan, Minato-ku, Tokyo 108-0075, Japan. Upon information and belief, Sony Corporation is in the business of developing, making, manufacturing, offering for sale, selling, importing, and supporting products incorporating vehicular smartwatch systems, related software and components thereof including, without limitation, smartwatches, and their respective components that are manufactured outside of the United States. Moreover, said product either under the doctrine of equivalents, or directly and/or indirectly infringe the ‘151 Patent. Sony Corporation is the parent corporation of Respondents Sony Corporation of America and Sony Electronics, Inc. Sony Corporation has primary responsibility for the business planning and manufacturing of Sony-branded products.
  • 22. 22 Y. Sony Corporation of America 51. Upon information and belief, Sony Corporation of America ("Sony America") is a corporation organized under the laws of the State of New York with its principal place of business at 550 Madison Avenue, New York, New York 10022. Upon information and belief, Sony America manufactures, markets, sells for importation, imports, and/or sells after importation into the United States products that either under the doctrine of equivalents, or directly and/or indirectly infringe the ‘151 Patent. Z. Sony Electronics, Inc. 52. Upon information and belief, Sony Electronics, Inc. ("Sony Electronics") is a corporation organized under the laws of the State of California with its principal place of business at 16530 Via Esprillo, San Diego, CA 92127. Upon information and belief, Sony Electronics manufacturers, markets, sells for importation, imports, and/or sells after importation into the United States products that either under the doctrine of equivalents, or directly and/or indirectly infringe the ‘151 Patent. 53. Upon information and belief, Sony America is a subsidiary of Sony Corporation, and Sony Electronics is a subsidiary of Sony America. Upon information and belief, Sony America is responsible for business planning and marketing Sony-branded products within the United States. Upon information and belief, Sony Electronics has primary responsibility for the marketing and sales of
  • 23. 23 Sony-branded electronic products within the United States. Upon information and belief, further discovery will reveal additional details regarding the division of responsibilities amongst Sony family entities. Sony Corporation, Sony Corporation of America, and Sony Electronics, Inc., are referred to collectively as “Sony.” AA. Lenovo Group Limited 54. Upon information and belief, Lenovo Group Limited is a corporation organized and existing under the laws of China, having a principal place of business at No. 6 Chuang Ye Road, Haidian District, 100085, Beijing, China. Lenovo Group Limited is in the business of developing, making, manufacturing, offering for sale, selling, importing, and supporting products incorporating vehicular smartwatch systems, related software and components thereof including, without limitation, smartwatches, and their respective components that are manufactured outside of the United States. Moreover, said product either under the doctrine of equivalents, or directly and/or indirectly infringe the ‘151 Patent. Lenovo Group Limited is the parent corporation of Respondents Lenovo (United States), Inc., Lenovo Holding Company and Motorola Mobility, Inc. Lenovo Group Limited has primary responsibility for the business planning and manufacturing of Lenovo and Motorola branded products. BB. Lenovo (United States), Inc. 55. Upon information and belief, Lenovo (United States), Inc. is a corporation organized and existing under the laws of Delaware, having a principal place of business at The Centre at Purchase, One Manhattanville Road, Purchase,
  • 24. 24 New York, 10577. Upon information and belief, Lenovo (United States), Inc. manufacturers, markets, sells for importation, imports, and/or sells after importation into the United States products that either under the doctrine of equivalents, or directly and/or indirectly infringe the ‘151 Patent. CC. Lenovo Holding Company, Inc. 56. Upon information and belief, Lenovo Holding Company, Inc. is a corporation organized and existing under the laws of Delaware having a principal place of business at 1009 Think Place, Morrisville, North Carolina, 27560. Upon information and belief, Lenovo Holding Company Inc. manufacturers, markets, sells for importation, imports, and/or sells after importation into the United States products that either under the doctrine of equivalents, or directly and/or indirectly infringe the ‘151 Patent. 57. Upon information and belief, Lenovo (United States), Inc. and Lenovo Holding Company, Inc. are subsidiaries of Lenovo Group Limited and bear the primary responsibility for the marketing and sales of Lenovo-branded products within the United States. Upon information and belief, further discovery will reveal additional details regarding the division of responsibilities amongst Lenovo-family entities. Lenovo (United States), Inc., Lenovo Holding Company, and Lenovo Group Limited are referred to collectively as “Lenovo.”
  • 25. 25 DD. Motorola Mobility, Inc. 58. Upon information and belief, Motorola Mobility, Inc. is a wholly-owned subsidiary of Lenovo Group Limited organized under the laws of Delaware with its principal place of business at 222 W. Merchandise Mart Plaza, Suite 1800, Chicago, Illinois 60654. Motorola Mobility, Inc. is in the business of developing, making, manufacturing, offering for sale, selling, importing, and supporting products incorporating vehicular smartwatch systems, related software and components thereof including, without limitation, smartwatches, and their respective components that are manufactured outside of the United States. Moreover, said product either under the doctrine of equivalents, or directly and/or indirectly infringe the ‘151 Patent. 59. Upon information and belief, further discovery will reveal additional details regarding the division of responsibilities amongst Motorola-family entities. Motorola Mobility, Inc. is referred to as “Motorola.” EE. Apple, Inc. 60. Upon information and belief, Apple, Inc. is a corporation organized and existing under the laws of California, having a principal place of business at 1 Infinite Loop, Cupertino, CA 95014. Apple’s registered agent, registered with the Texas State Secretary of State’s Office, is CT Corp. Systems at 350 N. St. Paul Street, Suite 2900, Dallas, TX 75201
  • 26. 26 61. Upon information and belief, Apple, Inc. is in the business of developing, making, manufacturing, offering for sale, selling, importing, and supporting products incorporating vehicular smartwatch systems, related software and components thereof including, without limitation, smartwatches, and their respective components that are manufactured outside of the United States. Moreover, said product either under the doctrine of equivalents, or directly and/or indirectly infringe the ‘151 Patent. Additionally, Apple, Inc. bears the primary responsibility for the marketing and sales of Apple-branded products within the United States. Upon information and belief, further discovery will reveal additional details regarding the division of responsibilities amongst Apple- family entities. FF. Station Digital Media, Inc. 62. Station Digital Media, Inc. is a corporation organized and existing under the laws of California, having a principal place of business at 111 W Ocean Blvd. 4th Floor Long Beach, CA 90802. Station Digital’s registered agent, registered with the California State Secretary of State’s Office, is 17140 Bernardo Center Drive, Suite 354, San Diego, CA 92128. 63. Upon information and belief, Station Digital Media, Inc. is in the business of developing, making, manufacturing, offering for sale, selling, importing, and supporting products incorporating vehicular smartwatch systems, related software and components thereof including, without limitation, smartwatches and software thereof, and their respective components that are manufactured outside of the United States. Moreover, said product either under the doctrine of
  • 27. 27 equivalents, or directly and/or indirectly infringe the ‘151 Patent. Additionally, Station Digital Media, Inc. bears the primary responsibility for the development of infringing Hyundai-branded products within the United States. Upon information and belief, further discovery will reveal additional details regarding the division of responsibilities amongst Hyundai family entities and Station Digital Media, Inc. GG. Rego Apps, LLC 64. Upon information and belief, Rego Apps, LLC is a corporation organized and existing under the laws of Florida, having a principal place of business at 217 Acadia Terrace, Celebration, Florida 34747. 65. Upon information and belief, Rego Apps, LLC is in the business of developing, making, manufacturing, offering for sale, selling, importing, and supporting products incorporating vehicular smartwatch systems, related software and components thereof including, without limitation, smartwatches and software thereof, and their respective components that are manufactured outside of the United States. Moreover, said product either under the doctrine of equivalents, or directly and/or indirectly infringe the ‘151 Patent. Rego Apps, LLC bears the primary responsibility for the development of infringing smartwatch products, component and/or software. Upon information and belief, further discovery will reveal additional details regarding the division of responsibilities amongst Rego Apps, LLC family entities.
  • 28. 28 IV. TECHNOLOGY AND PRODUCTS AT ISSUE 66. The technology at issue relate to smartwatch vehicular systems and certain components and software therein. 67. Specifically, the Accused Products smartwatch vehicular systems, components, and software therein, such as wristwatches and their on-board components, operating systems, and/or other software. These smart watches and connected vehicle devices, components, operating systems, and other software are imported into the United States and in turn used by businesses, institutions, service providers, and other entities in the United States to supply networks and transport data, voice, and video. By way of example, the Accused Products may be deployed on individually owned vehicles or vehicle fleets with dedicated computing center environments in connection with an organization's servers, associated data, and/or IT applications and between such items and other networks such as the Internet. The Accused Products are sold for importation into, imported into, sold after importation into, and used within the United States by or on behalf of each Respondent. V. PATENT IN SUIT 68. From its research and development on vehicle security systems, including its smartwatch vehicular systems technology, ICC obtained, on June 27, 2006, the duly, properly and legally issued U.S. Patent No. 7,068,151, entitled "Vehicle Security System." ICC obtained the '151 Patent as assignee of named
  • 29. 29 inventor and ICC founder, Samuel K. Giles, and exclusive licensee of named inventor Christopher E. Smith. See Exhibits 2, 3 & Confidential Exhibit 52. 69. Generally speaking, the ICC '151 Patent is directed to smartwatch operated vehicular security systems. The system generally includes a smartwatch that communicates with an on-board vehicular control unit, thus providing end users with vehicular security and convenience features such as remote door lock and unlock, trunk release, and remote engine start. 70. Samuel K. Giles and Christopher E. Smith are the named inventors of the ICC '151 Patent. As a part of his fiduciary duty with ICC, Samuel K. Giles assigned all rights, title, and interest in the ICC '151 Patent to ICC. Additionally, co-inventor Mr. Smith has also exclusively licensed to ICC all substantial rights in the ’151 patent, including the right to exclude others and to enforce, sue, and recover damages for past and future infringements. See Exhibit 2 & Confidential 52. 71. Pursuant to Commission Rule 210.12(c), copies of the certified prosecution history of the ICC Asserted Patent have been submitted with this Complaint as Appendices A. Pursuant to Commission Rule 210.12(c), the cited references for the ICC Asserted Patents also have been submitted with this Complaint as Appendices B.
  • 30. 30 VI. NONTECHNICAL DESCRIPTION OF THE INVENTION 72. Pursuant to United States Patent No. 7,068,151 (‘151 Patent), entitled "Vehicle Security System," issued on June 27, 2006 and lists Samuel K. Giles and Christopher E. Smith as its inventors. The ‘151 Patent expires on June 27, 2023. The ‘151 Patent claims priority to U.S. Provisional Patent App. No. 60/470,566, filed on May 14, 2003. 73. The ‘151 Patent contains 22 claims, including 1 independent claim and 21 dependent claims. ICC asserts that Respondent's smartwatch enabled vehicular system components and software therein, and activities relating thereto, infringe at least system claim 1, and dependent claims 2, 3, 4, 5, 8, 10, 12, 14, 18, 19, 20, 21, & 22 of the ‘151 Patent, directly or indirectly, either literally or under the doctrine of equivalents. 74. The ‘151 Patent generally relates to a system for improved communication between wearable technology devices and connected vehicles. Further, the ‘151 Patent discusses remote watch design for a car security system. A user of the smartwatch will not only be able to keep track of the time but also will be able to arm/lock, disarm/unlock and remotely start their vehicle by interfacing with the watch. It is common for people to lose or misplace their keys along with the keyless remote that is attached to the keys. Since the watch is conveniently located on the users wrist, the user never has to worry about damage due to dropping it on a hard surface, in liquids (ex. water), or even losing their keyless remote as you would by having a keyless remote attached to keys or a key
  • 31. 31 chain. If the user ever loses their keys or locks them in a trunk, the remote watch will allow the user to maintain access to their vehicle. VII. UNLAWFUL AND UNFAIR ACTS OF RESPONDENTS – PATENT INFRINGEMENT 75. The Respondents have engaged in unlawful and unfair acts including the sale for importation into the United States, importation into the United States, sale within the United States after importation, and/or use within the United States after importation of the Accused Products that infringe one or more of the following claims (independent claims in bold): 76. Upon information and belief, the Respondents import, sell for importation, sell after importation into the United States, and/or uses after importation into the United States Accused Products that infringe the ‘151 Patent. 77. The Accused Products infringe, directly and/or indirectly, at least system claim 1, and dependent claims 2, 3, 4, 5, 8, 10, 12, 14, 18, 19, 20, 21, & 22 of the ‘151 Patent. Respondents directly and/or indirectly infringe at least system claim 1, and dependent claims 2, 3, 4, 5, 8, 10, 12, 14, 18, 19, 20, 21, & 22 of the ‘151 Patent by importing, selling for importation, selling after importation, and/or using after importation into the United States the Accused Products. See Exhibits 5-32 (infringement claim charts for U.S. Patent No. 7,068,151). The Accused Patent Number Asserted Claims 7,068,151 (Independent claim in bold) Independent 1 Dependent 2, 3, 4, 5, 8, 10, 12, 14, 18, 19, 20, 21, 22
  • 32. 32 Products satisfy all claim limitations system claim 1, and dependent claims 2, 3, 4, 5, 8, 10, 12, 14, 18, 19, 20, 21, & 22 at the time of importation, and Respondents directly infringe the apparatus claim by importing, selling for importation, selling after importation, and/or using after importation into the United States the Accused Products. The Accused Products, at the time of importation, are capable to dictate the performance of and mimic system claim 1 and all aspects of dependent claims 2, 3, 4, 5, 8, 10, 12, 14, 18, 19, 20, 21, & 22, and Respondents directly infringe this claim by importing, selling for importation, selling after importation, and/or using after importation into the United States the Accused Products. In addition, as further alleged below, Respondents indirectly infringe the apparatus claim by importing, selling for importation, selling after importation, and/or using after importation into the United States the Accused Products. 78. The Respondents actively induce others, including purchasers and end users who deploy the Accused Products in their networks, to directly infringe at least system claim 1, and dependent claims 2, 3, 4, 5, 8, 10, 12, 14, 18, 19, 20, 21, & 22 of the ‘151 Patent. On information and belief, purchasers who deploy the Accused Products in their networks and make routine use of the Accused Products, also directly infringe at least system claim 1, and dependent claims 2, 3, 4, 5, 8, 10, 12, 14, 18, 19, 20, 21, & 22 of the ‘151 Patent. Respondents are aware of the ‘151 Patent at least because the Respondents have had actual knowledge of the ‘151 Patent at least as of June 2 2015, when ICC filed a Complaint asserting the ‘151 Patent against Respondents in the Eastern District of Texas, as discussed in Section X, below. Further, in light of the above, Respondents knowingly induces infringement of the ‘151 Patent with specific intent to do so by providing at least
  • 33. 33 manuals, white papers, training, and/or other support, to perform acts intended by Respondents to cause direct infringement of at least system claim 1, and dependent claims 2, 3, 4, 5, 8, 10, 12, 14, 18, 19, 20, 21, & 22 of the ‘151 Patent. 79. Respondents contribute to infringement of at least system claim 1, and dependent claims 2, 3, 4, 5, 8, 10, 12, 14, 18, 19, 20, 21, & 22 of the ‘151 Patent, including purchasers who deploy the Accused Products in their vehicular systems, by providing the Accused Products, which are specially made or adapted for use in an infringement of these claims and are not staple articles of commerce suitable for substantial non-infringing use. Respondents are aware of the ‘151 Patent at least because Respondents have had actual knowledge of the ‘151 Patent at least as of June 2, 2015, when ICC filed a Complaint asserting the ‘151 Patent against Respondents in the Eastern District of Texas, as discussed in Section X, below. Further, having debuted the technology during the 2014 international SEMA trade show, Respondents are aware of the ‘151 Patent. In light of these allegations, Respondents had knowledge that the Accused Products were specially made or adapted for use in an infringement of the ‘151 Patent and not a staple article of commerce suitable for substantial non-infringing use. 80. Claim charts comparing the ‘151 Patent's asserted independent system claim 1, and dependent claims 2, 3, 4, 5, 8, 10, 12, 14, 18, 19, 20, 21, & 22 to Respondents’ Accused Products are attached as Exhibits 5-32. Additional evidence of importation is set forth below.
  • 34. 34 A. Hyundai Motor Company 81. Upon information and belief, Hyundai manufactures, markets, sells for importation, imports, and/or sells after importation into the United States products that directly and/or indirectly infringe the ‘151 Patent ("the Accused Hyundai Products"). 82. The Accused Hyundai Products include vehicles sold under the following names and model numbers: 83. Upon information and belief, the Accused Hyundai Products are manufactured, assembled, and/or packaged outside of the United States. These same products are then imported into the United States, sold for importation into the United States, and/or sold after importation into the United States by Hyundai. These acts of Hyundai constitute direct infringement of the ‘151 Patent. Claim charts demonstrating how the Accused Hyundai Products directly infringe the ‘151 Patent are attached as Exhibit 6. Company Hyundai Azera Elantra Equus Genesis Genesis Coupe Sonata Sonata Hybrid Tucson Veloster Azera Elantra Elantra Coupe Elantra GT Equus Genesis Genesis Coupe Sante Fe Sante Fe Sport Sonata Sonata Hybrid Tucson Veloster Azera Elantra GT Genesis Genesis Coupe Sante Fe Sante Fe Sport Sonata Sonata Hybrid Veloster 2012 Azera Sonata Sonata Hybrid Veloster 2013 Product - Bluelink ® Models 2015 2014
  • 35. 35 84. These acts of Hyundai also constitute contributory and induced infringement of the ‘151 Patent. Claim charts demonstrating how the Accused Hyundai Products indirectly infringe the ‘151 Patent is attached as Exhibit 6. 85. Hyundai is a contributory infringer because the Accused Hyundai Products are not staple articles of commerce and are not suitable for any substantial non-infringing use. To the contrary, their sole, substantial use is to be used in infringing systems as shown in the attached claim charts. Hyundai has previously been given actual knowledge of the ‘151 Patent at least as of June 2, 2015, when ICC filed a Complaint asserting the ‘151 Patent against Respondents in the Eastern District of Texas of their contributory infringement, and Hyundai knows that the Accused Hyundai Products are specially adapted for use in practicing the inventions of the ‘151 Patent. B. General Motors Company & OnStar, LLC. 86. GM manufactures, markets, sells for importation, imports, and/or sells after importation into the United States products that directly and/or indirectly infringe the ‘151 Patent ("the Accused GM Products"). 87. The Accused GM Products include vehicles sold under the following names and model numbers:
  • 36. 36 Company GM / OnStar Camaro Cruze Malibu Spark T ahoe Captiva Equinox Orlando Spark EV T raverse Colorado Express Silverado SS Performance Sedan T rax Corvette Impala Sonic Suburban Volt 2015 Buick Enclave Encore LaCrosse Regal Verano Acadia Canyon Denali Savana Sierra T errain Yukon Yukon XL AT S CT S CT S-V ELR Escalade Escalade ESV SRX Stretch Limo XT S Avalanche Camaro Captiva Corvette Cruze Equinox Express Impala Malibu Orlando Silverado Sonic Spark SS Suburban T ahoe T raverse T rax Volt 2014 Buick Enclave Encore LaCrosse Regal Verano Acadia Denali Savana Sierra T errain Yukon AT S CT S ELR Escalade SRX XT S Avalanche Camaro Captiva Cruze Equinox Express Impala Malibu Silverado Sonic Spark Suburban T ahoe T raverse Volt 2013 Buick Enclave Encore LaCrosse Regal Verano Acadia Denali Savana Sierra T errain Yukon 2013 Cadillac AT S CT S Escalade SRX XT S Avalanche Camaro Captiva Cruze Equinox Express Impala Malibu Silverado Sonic Suburban T ahoe T raverse Volt 2012 Buick Enclave LaCrosse Regal Verano 2012 GMC Acadia Savana Sierra T errain Yukon 2012 Cadillac CT S Escalade SRX Avalanche Camaro Cruze Equinox Express HHR Impala Malibu Suburban T ahoe T raverse Volt 2011 Buick Enclave LaCrosse Lucerne Regal 2011 GMC Acadia Savana Sierra T errain Yukon 2011 Cadillac CT S DT S Escalade SRX Avalanche HHR Impala Malibu Silverado Suburban T ahoe T raverse 2010 Buick Enclave Lucerne 2010 GMC Acadia Yukon 2010 Cadillac DT S Escalade 2014 Chevrolet Product - RemoteLink ® Model 2015 Chevrolet 2015 GMC 2015 Cadillac 2010 Chevrolet 2014 GMC 2014 Cadillac 2013 Chevrolet 2013 GMC 2012 Chevrolet 2011 Chevrolet
  • 37. 37 88. On information and belief, the Accused GM Products are, whole or in part, manufactured, assembled, and/or packaged outside of the United States. These same products are then imported into the United States, sold for importation into the United States, and/or sold after importation into the United States by GM. These acts of GM constitute direct infringement of the ‘151 Patent. Claim charts demonstrating how the Accused GM Products directly infringe the ‘151 Patent are attached as Exhibit 8. 89. These acts of GM also constitute contributory and induced infringement of the ‘151 Patent. Claim charts demonstrating how the Accused GM Products indirectly infringe the ‘151 Patent is attached as Exhibit 8. 90. GM is a contributory infringer because the Accused GM Products are not staple articles of commerce and are not suitable for any substantial non-infringing use. To the contrary, their sole, substantial use is to be used in infringing systems as shown in the attached claim charts. GM has previously been given actual knowledge of the ‘151 Patent at least as of June 2, 2015, when ICC filed a Complaint asserting the ‘151 Patent against Respondents in the Eastern District of Texas of their contributory infringement, and GM knows that the Accused GM Products are specially adapted for use in practicing the inventions of the ‘151 Patent. C. Volkswagen AG 91. Upon information and belief, Volkswagen manufactures, markets, sells for importation, imports, and/or sells after importation into the United States
  • 38. 38 products that directly and/or indirectly infringe the ‘151 Patent ("the Accused Volkswagen Products"). 92. The Accused Volkswagen Products include vehicles sold under the following names and model numbers: 93. On information and belief, the Accused Volkswagen Products are manufactured, assembled, and/or packaged outside of the United States. These same products are then imported into the United States, sold for importation into the United States, and/or sold after importation into the United States by Volkswagen. These acts of Volkswagen constitute direct infringement of the ‘151 Patent. Claim charts demonstrating how the Accused Volkswagen Products directly infringe the ‘151 Patent is attached as Exhibit 10. 94. These acts of Volkswagen also constitute contributory and induced infringement of the ‘151 Patent. Claim charts demonstrating how the Accused Volkswagen Products indirectly infringe the ‘151 Patent is attached as Exhibit 10. 95. Volkswagen is a contributory infringer because the Accused Volkswagen Products are not staple articles of commerce and are not suitable for any substantial non-infringing use. To the contrary, their sole, substantial use is to be used in infringing systems as shown in the attached claim charts. Volkswagen has previously been given actual knowledge of the ‘151 Patent at least as of June 2, Company Volkswagen 2015 Model e-Golf Product
  • 39. 39 2015, when ICC filed a Complaint asserting the ‘151 Patent against Respondents in the Eastern District of Texas of their contributory infringement, and Volkswagen knows that the Accused Volkswagen Products are specially adapted for use in practicing the inventions of the ‘151 Patent. D. Audi AG 96. Upon information and belief, Audi manufactures, markets, sells for importation, imports, and/or sells after importation into the United States products that directly and/or indirectly infringe the ‘151 Patent ("the Accused Audi Products"). 97. The Accused Audi Products include vehicles sold under the following names and model numbers: 98. On information and belief, the Accused Audi Products are manufactured, assembled, and/or packaged outside of the United States. These same products are then imported into the United States, sold for importation into the United States, and/or sold after importation into the United States by Audi. These acts of Audi constitute direct infringement of the ‘151 Patent. Claim charts demonstrating how the Accused Audi Products directly infringe the ‘151 Patent are attached as Exhibit 12. Company Audi 2015 Product Model Q7
  • 40. 40 99. These acts of Audi also constitute contributory and induced infringement of the ‘151 Patent. Claim charts demonstrating how the Accused Audi Products indirectly infringe the ‘151 Patent is attached as Exhibit 12. 100. Audi is a contributory infringer because the Accused Audi Products are not staple articles of commerce and are not suitable for any substantial non- infringing use. To the contrary, their sole, substantial use is to be used in infringing systems as shown in the attached claim charts. Audi has previously been given actual knowledge of the ‘151 Patent at least as of June 2, 2015, when ICC filed a Complaint asserting the ‘151 Patent against Respondents in the Eastern District of Texas of their contributory infringement, and Audi knows that the Accused Audi Products are specially adapted for use in practicing the inventions of the ‘151 Patent. E. BMW 101. Upon information and belief, BMW manufactures, markets, sells for importation, imports, and/or sells after importation into the United States products that directly and/or indirectly infringe the ‘151 Patent ("the Accused BMW Products"). 102. The Accused BMW Products include vehicles sold under the following names and model numbers:
  • 41. 41 103. On information and belief, the Accused BMW Products are manufactured, assembled, and/or packaged outside of the United States. These same products are then imported into the United States, sold for importation into the United States, and/or sold after importation into the United States by BMW. These acts of BMW constitute direct infringement of the ‘151 Patent. Claim charts demonstrating how the Accused BMW Products directly infringe the ‘151 Patent are attached as Exhibit 14. 104. These acts of BMW also constitute contributory and induced infringement of the ‘151 Patent. Claim charts demonstrating how the Accused BMW Products indirectly infringe the ‘151 Patent is attached as Exhibit 14. 105. BMW is a contributory infringer because the Accused BMW Products are not staple articles of commerce and are not suitable for any substantial non- infringing use. To the contrary, their sole, substantial use is to be used in infringing systems as shown in the attached claim charts. BMW has previously been given actual knowledge of the ‘151 Patent at least as of June 2, 2015, when ICC filed a Complaint asserting the ‘151 Patent against Respondents in the Eastern District of Texas of their contributory infringement, and BMW knows that the Accused BMW Products are specially adapted for use in practicing the inventions of the ‘151 Patent. Company BMW 2015 2015 Product - BMW I Remote® Model i8 i3
  • 42. 42 F. Dr. Ing. h.c. F. Porsche AG 106. Upon information and belief, Porsche AG manufactures, markets, sells for importation, imports, and/or sells after importation into the United States products that directly and/or indirectly infringe the ‘151 Patent ("the Accused Porsche AG Products"). 107. The Accused Porsche AG Products include vehicle sold under the following names and model numbers: 108. On information and belief, the Accused Porsche AG Products are manufactured, assembled, and/or packaged outside of the United States. These same products are then imported into the United States, sold for importation into the United States, and/or sold after importation into the United States by Porsche AG. These acts of Porsche AG constitute direct infringement of the ‘151 Patent. Claim charts demonstrating how the Accused Porsche AG Products directly infringe the ‘151 Patent are attached as Exhibit 16. 109. These acts of Porsche AG also constitute contributory and induced infringement of the ‘151 Patent. Claim charts demonstrating how the Accused Porsche AG Products indirectly infringe the ‘151 Patent is attached as Exhibit 16. Company Porsche AG Panamera 918 Spyder Macan Cayenne Panamera 918 Spyder Macan Cayenne 2015 2014 Product - Porsche Car Connect ® Models
  • 43. 43 110. Porsche AG is a contributory infringer because the Accused Porsche AG Products are not staple articles of commerce and are not suitable for any substantial non-infringing use. To the contrary, their sole, substantial use is to be used in infringing systems as shown in the attached claim charts. Porsche AG has previously been given actual knowledge of the ‘151 Patent at least as of June 2, 2015, when ICC filed a Complaint asserting the ‘151 Patent against Respondents in the Eastern District of Texas of their contributory infringement, and Porsche AG knows that the Accused Porsche AG Products are specially adapted for use in practicing the inventions of the ‘151 Patent. G. DEI Holdings, Inc. 111. Upon information and belief, Directed Electronics manufactures, markets, sells for importation, imports, and/or sells after importation into the United States products that directly and/or indirectly infringe the ‘151 Patent ("the Accused Directed Electronics Products"). 112. The Accused Directed Electronics Products include vehicle security systems sold under the following names and model numbers: Company Directed Electronics Viper SmartStart Model VSS5000 VMS250 Product VSS3001
  • 44. 44 113. On information and belief, the Accused Directed Electronics Products are manufactured, assembled, and/or packaged outside of the United States. These same products are then imported into the United States, sold for importation into the United States, and/or sold after importation into the United States by Directed Electronics. These acts of Directed Electronics constitute direct infringement of the ‘151 Patent. Claim charts demonstrating how the Accused Directed Electronics Products directly infringe the ‘151 Patent are attached as Exhibit 18. 114. These acts of Directed Electronics also constitute contributory and induced infringement of the ‘151 Patent. Claim charts demonstrating how the Accused Directed Electronics Products indirectly infringe the ‘151 Patent is attached as Exhibit 18. 115. Directed Electronics is a contributory infringer because the Accused Directed Electronics Products are not staple articles of commerce and are not suitable for any substantial non-infringing use. To the contrary, their sole, substantial use is to be used in infringing systems as shown in the attached claim charts. Directed Electronics has previously been given actual knowledge of the ‘151 Patent at least as of June 2, 2015, when ICC filed a Complaint asserting the ‘151 Patent against Respondents in the Eastern District of Texas of their contributory infringement, and Directed Electronics knows that the Accused Directed Electronics Products are specially adapted for use in practicing the inventions of the ‘151 Patent.
  • 45. 45 H. Samsung Electronics Co., Ltd. 116. Upon information and belief, Samsung manufactures, markets, sells for importation, imports, and/or sells after importation into the United States products that directly and/or indirectly infringe the ‘151 Patent ("the Accused Samsung Products"). 117. The Accused Samsung Products include smartwatches sold under the following names and model numbers: 118. On information and belief, the Accused Samsung Products are manufactured, assembled, and/or packaged outside of the United States. These same products are then imported into the United States, sold for importation into the United States, and/or sold after importation into the United States by Samsung. These acts of Samsung constitute direct infringement of the ‘151 Patent. Claim charts demonstrating how the Accused Samsung Products directly infringe the ‘151 Patent are attached as Exhibit 20. 119. These acts of Samsung also constitute contributory and induced infringement of the ‘151 Patent. Claim charts demonstrating how the Accused Samsung Products indirectly infringe the ‘151 Patent is attached as Exhibit 20. Company Samsung Gear Live Product Model Galaxy Gear 2 (tizen) Galaxy Gear 2 (Andriod Wear)
  • 46. 46 120. Samsung is a contributory infringer because the Accused Samsung Products are not staple articles of commerce and are not suitable for any substantial non-infringing use. To the contrary, their sole, substantial use is to be used in infringing systems as shown in the attached claim charts. Samsung has previously been given actual knowledge of the ‘151 Patent at least as of June 2, 2015, when ICC filed a Complaint asserting the ‘151 Patent against Respondents in the Eastern District of Texas of their contributory infringement, and Samsung knows that the Accused Samsung Products are specially adapted for use in practicing the inventions of the ‘151 Patent. I. LG Corporation 121. Upon information and belief, LG manufactures, markets, sells for importation, import, and/or sells after importation into the United States products that directly and/or indirectly infringe the ‘151 Patent ("the Accused LG Products"). 122. The Accused LG Products include smartwatches sold under the following names and model numbers: Company LG G Watch R Model G Watch Product
  • 47. 47 123. On information and belief, the Accused LG Products are manufactured, assembled, and/or packaged outside of the United States. These same products are then imported into the United States, sold for importation into the United States, and/or sold after importation into the United States by LG. These acts of LG constitute direct infringement of the ‘151 Patent. Claim charts demonstrating how the Accused LG Products directly infringe the ‘151 Patent are attached as Exhibit 22. 124. These acts of LG also constitute contributory and induced infringement of the ‘151 Patent. Claim charts demonstrating how the Accused LG Products indirectly infringe the ‘151 Patent is attached as Exhibit 22. 125. LG is a contributory infringer because the Accused LG Products are not staple articles of commerce and are not suitable for any substantial non-infringing use. To the contrary, their sole, substantial use is to be used in infringing systems as shown in the attached claim charts. LG has previously been given actual knowledge of the ‘151 Patent at least as of June 2, 2015, when ICC filed a Complaint asserting the ‘151 Patent against Respondents in the Eastern District of Texas of their contributory infringement, and LG knows that the Accused LG Products are specially adapted for use in practicing the inventions of the ‘151 Patent. J. Sony Corporation 126. Upon information and belief, Sony manufactures, markets, sells for importation, import, and/or sells after importation into the United States products
  • 48. 48 that directly and/or indirectly infringe the ‘151 Patent ("the Accused Sony Products"). 127. The Accused Sony Products include smartwatches sold under the following names and model numbers: 128. Upon information and belief, the Accused Sony Products are manufactured, assembled, and/or packaged outside of the United States. These same products are then imported into the United States, sold for importation into the United States, and/or sold after importation into the United States by Sony. These acts of Sony constitute direct infringement of the ‘151 Patent. Claim charts demonstrating how the Accused Sony Products directly infringe the ‘151 Patent are attached as Exhibit 24. 129. These acts of Sony also constitute contributory and induced infringement of the ‘151 Patent. Claim charts demonstrating how the Accused Sony Products indirectly infringe the ‘151 Patent is attached as Exhibit 24. 130. Sony is a contributory infringer because the Accused Sony Products are not staple articles of commerce and are not suitable for any substantial non- infringing use. To the contrary, their sole, substantial use is to be used in infringing systems as shown in the attached claim charts. Sony has previously been given actual knowledge of the ‘151 Patent at least as of June 2, 2015, when Company Sony Model Smartwatch 3 Product
  • 49. 49 ICC filed a Complaint asserting the ‘151 Patent against Respondents in the Eastern District of Texas of their contributory infringement, and Sony knows that the Accused Sony Products are specially adapted for use in practicing the inventions of the ‘151 Patent. K. Lenovo Group Limited 131. Upon information and belief, Lenovo manufactures, markets, sells for importation, imports, and/or sells after importation into the United States products that directly and/or indirectly infringe the ‘151 Patent ("the Accused Lenovo Products"). 132. The Accused Lenovo Products include smartwatches sold under the following names and model numbers: 133. On information and belief, the Accused Lenovo Products are manufactured, assembled, and/or packaged outside of the United States. These same products are then imported into the United States, sold for importation into the United States, and/or sold after importation into the United States by Lenovo. These acts of Lenovo constitute direct infringement of the ‘151 Patent. Claim charts demonstrating how the Accused Lenovo Products directly infringe the ‘151 Patent are attached as Exhibit 26. Company Lenovo / Motorola Moto 360 Product Model
  • 50. 50 134. These acts of Lenovo also constitute contributory and induced infringement of the ‘151 Patent. Claim charts demonstrating how the Accused Lenovo Products indirectly infringe the ‘151 Patent is attached as Exhibit 26. 135. Lenovo is a contributory infringer because the Accused Lenovo Products are not staple articles of commerce and are not suitable for any substantial non- infringing use. To the contrary, their sole, substantial use is to be used in infringing systems as shown in the attached claim charts. Lenovo has previously been given actual knowledge of the ‘151 Patent at least as of June 2, 2015, when ICC filed a Complaint asserting the ‘151 Patent against Respondents in the Eastern District of Texas of their contributory infringement, and Lenovo knows that the Accused Lenovo Products are specially adapted for use in practicing the inventions of the ‘151 Patent. L. Motorola Mobility, Inc. 136. Upon information and belief, Motorola manufactures, markets, sells for importation, import, and/or sells after importation into the United States products that directly and/or indirectly infringe the ‘151 Patent ("the Accused Motorola Products"). 137. The Accused Motorola Products include smartwatches sold under the following names and model numbers: Company Lenovo / Motorola Moto 360 Product Model
  • 51. 51 138. On information and belief, the Accused Motorola Products are manufactured, assembled, and/or packaged outside of the United States. These same products are then imported into the United States, sold for importation into the United States, and/or sold after importation into the United States by Motorola. These acts of Motorola constitute direct infringement of the ‘151 Patent. Claim charts demonstrating how the Accused Motorola Products directly infringe the ‘151 Patent are attached as Exhibit 26. 139. These acts of Motorola also constitute contributory and induced infringement of the ‘151 Patent. Claim charts demonstrating how the Accused Motorola Products indirectly infringe the ‘151 Patent is attached as Exhibit 26. 140. Motorola is a contributory infringer because the Accused Motorola Products are not staple articles of commerce and are not suitable for any substantial non-infringing use. To the contrary, their sole, substantial use is to be used in infringing systems as shown in the attached claim charts. Motorola has previously been given actual knowledge of the ‘151 Patent at least as of June 2, 2015, when ICC filed a Complaint asserting the ‘151 Patent against Respondents in the Eastern District of Texas of their contributory infringement, and Motorola knows that the Accused Motorola Products are specially adapted for use in practicing the inventions of the ‘151 Patent.
  • 52. 52 M. Apple, Inc. 141. Apple manufactures, markets, sells for importation, import, and/or sells after importation into the United States products that directly and/or indirectly infringe the ‘151 Patent ("the Accused Apple Products"). 142. The Accused Apple Products include smartwatches sold under the following names and model numbers: 143. On information and belief, the Accused Apple Products are manufactured, assembled, and/or packaged outside of the United States. These same products are then imported into the United States, sold for importation into the United States, and/or sold after importation into the United States by Apple. These acts of Apple constitute direct infringement of the ‘151 Patent. Claim charts demonstrating how the Accused Apple Products directly infringe the ‘151 Patent are attached as Exhibit 28. 144. These acts of Apple also constitute contributory and induced infringement of the ‘151 Patent. Claim charts demonstrating how the Accused Apple Products indirectly infringe the ‘151 Patent is attached as Exhibit 28. 145. Apple is a contributory infringer because the Accused Apple Products are not staple articles of commerce and are not suitable for any substantial non- Company Apple Product Model Apple Watch
  • 53. 53 infringing use. To the contrary, their sole, substantial use is to be used in infringing systems as shown in the attached claim charts. Apple has previously been given actual knowledge of the ‘151 Patent at least as of June 2, 2015, when ICC filed a Complaint asserting the ‘151 Patent against Respondents in the Eastern District of Texas of their contributory infringement, and Apple knows that the Accused Apple Products are specially adapted for use in practicing the inventions of the ‘151 Patent. N. Station Digital Media, Inc. 146. Station Digital manufactures and develops for importation, import, and/or sells after importation into the United States products that directly and/or indirectly infringe the ‘151 Patent ("the Accused Station Digital Products"). 147. The Accused Station Digital Products include smartwatch vehicular systems components and/or software sold under the following names and model numbers:
  • 54. 54 148. On information and belief, the Accused Station Digital Products are developed, manufactured, assembled, and/or packaged outside of the United States. These same products are then imported into the United States, sold for importation into the United States, and/or sold after importation into the United States by Hyundai Motor Company. These acts of Station Digital constitute direct infringement of the ‘151 Patent. Claim charts demonstrating how the Accused Station Digital Products directly infringe the ‘151 Patent are attached as Exhibit 30. 149. These acts of Station Digital also constitute contributory and induced infringement of the ‘151 Patent. Claim charts demonstrating how the Accused Station Digital Products indirectly infringe the ‘151 Patent is attached as Exhibit 30. 150. Station Digital is a contributory infringer because the Accused Station Digital Products are not staple articles of commerce and are not suitable for any substantial non-infringing use. To the contrary, their sole, substantial use is to be used in infringing systems as shown in the attached claim charts. Station Digital has previously been given actual knowledge of the ‘151 Patent at least as of June 2, 2015, when ICC filed a Complaint asserting the ‘151 Patent against Respondents in the Eastern District of Texas of their contributory infringement, and Station Digital knows that the Accused Station Digital Products are specially adapted for use in practicing the inventions of the ‘151 Patent.
  • 55. 55 O. Rego Apps, LLC 151. Upon information and belief, Rego manufactures and develops for importation, import, and/or sells after importation into the United States products that directly and/or indirectly infringe the ‘151 Patent ("the Accused Rego Products"). 152. The Accused Rego Products include smartwatch vehicular systems components and/or software sold under the following names and model numbers: 153. On information and belief, the Accused Rego Products are imported into the United States, sold for importation into the United States, and/or sold after importation into the United States by Rego. These acts of Rego constitute direct infringement of the ‘151 Patent. Claim charts demonstrating how the Accused Rego Products directly infringe the ‘151 Patent are attached as Exhibit 32. 154. These acts of Rego also constitute contributory and induced infringement of the ‘151 Patent. Claim charts demonstrating how the Accused Rego Products indirectly infringe the ‘151 Patent is attached as Exhibit 32. 155. Rego is a contributory infringer because the Accused Rego Products are not staple articles of commerce and are not suitable for any substantial non- Company BMW 2015 Product Model Rego S
  • 56. 56 infringing use. To the contrary, their sole, substantial use is to be used in infringing systems as shown in the attached claim charts. Rego has previously been given actual knowledge of the ‘151 Patent at least as of June 2, 2015, when ICC filed a Complaint asserting the ‘151 Patent against Respondents in the Eastern District of Texas of their contributory infringement, and Rego knows that the Accused Rego Products are specially adapted for use in practicing the inventions of the ‘151 Patent. VIII. SPECIFIC INSTANCES OF UNFAIR IMPORTATION AND SALE 156. The Proposed Respondents have sold for importations, imported, and/or sold after importation in the United States Accused Products as identified below. 157. The United States National Highway Traffic Safety Administration requires that all “passenger cars, multipurpose passenger vehicles, trucks, buses, trailers (including trailer kits), incomplete vehicles, and motorcycles” bear a 17- character vehicle identification number (VIN). (49 C.F.R. 565.1 et seq.) The VIN is assigned by the automobile manufacturer, and must be affixed on the car in a location that is not designed to be removed. Typically, the VIN is listed at least on a sticker inside the driver’s door panel, as well as on a panel on the dash-board facing out the windshield just above the steering wheel. 158. The first three digits of the VIN identify the manufacturer, make and type of motor vehicle. The first digit typically identifies the country of final assembly, for example vehicles with VIN’s that begin in the letter “J” are manufactured in
  • 57. 57 Japan, those that begin in the number “3” are manufactured in Mexico, etc. A sampling of codes as relevant to the exemplary Accused Products follows: 2 = Canada J = Japan 3 = Mexico K = Republic of Korea W = Germany Y = Sweden S = England 159. The VIN of each of the exemplary Accused Products begins in a character indicating that the automobile was made outside the United States. The exemplary Accused Products were all offered for sale or sold in the United States. This proves that the exemplary Accused Products were each manufactured abroad and imported into the United States. The VIN for each exemplary accused product is identified below and in the supporting claim charts at Exhibits 5-32. 160. Further, the Automobile Information Disclosure Act of 1958, 15 U.S.C. §§ 1231-1233, requires: “Every manufacturer of new automobiles distributed in commerce shall… securely affix to the windshield, or side window of such automobile a label on which such manufacturer shall endorse clearly, distinctly and legibly true and correct entries disclosing the following information concerning such automobile - the final assembly point.” 161. Even for automobiles that were finally assembled in the United States, many such automobiles use smartwatch vehicular systems manufactured abroad and imported into the United States. Such products are similarly embodied in the scope of this Complaint.
  • 58. 58 A. Hyundai Motor Company 162. Upon information and belief, Hyundai sells for importation, imports, and/or sells after importation into the United States the Accused Hyundai Products, for example, the Hyundai Elantra GT with Blue Link ® smartwatch application. One 2015 Hyundai Sonata bears the VIN KMHD35LH2FU242485, indicating that it was manufactured in Ulsan, Korea 163. Further, the Automobile Information Disclosure Act sticker at Exhibit 5 reveals that the Accused Hyundai Products are being imported, distributed for commerce, and are widely available for sale in the United States. 164. The 2015 Hyundai Elantra GTand other Accused Hyundai Products are available at Hyundai dealers nationwide, including but not limited to Planet Hyundai located at 15601 W Colfax Ave Golden, CO 80401. B. General Motors Company & OnStar, LLC. 165. Upon information and belief, GM sells for importation, imports, and/or sells after importation into the United States the Accused GM Products, for example, the Chevrolet, Buick, GMC and Cadillac brands with the OnStar RemoteLink ® smartwatch application. One 2015 Chevrolet Camaro bears the VIN 2G1FB3D34E9170555, indicating that it was manufactured Oshawa, ON Canada.
  • 59. 59 166. Further, the Automobile Information Disclosure Act sticker at Exhibit 7 reveals that the Accused GM Products are being imported, distributed for commerce, and are widely available for sale in the United States. 167. The 2015 Chevrolet Camaro and other Accused GM Products are available at GM dealers nationwide, including but not limited to Medved Chevrolet Cadillac located at 11001 Interstate 70 Frontage Road North, Wheat Ridge, CO 80033. C. Volkswagen AG 168. Upon information and belief, Volkswagen sells for importation, imports, and/or sells after importation into the United States the Accused Volkswagen Product, for example, the e-Golf with smartwatch keyfob applications. One 2015 e-Golf bears the VIN WVWKP7AU4FW90698 indicating that it was manufactured in Germany. 169. Further, the Automobile Information Disclosure Act sticker at Exhibit 9 reveals that the Accused Volkswagen Product are being imported, distributed for commerce, and are widely available for sale in the United States. 170. The 2015 e-Golf is available at Volkswagen dealers nationwide, including but not limited to Coastal Volkswagen located at 1 Saturn Drive Hanover, MA 02339.
  • 60. 60 D. Audi AG 171. Upon information and belief, Audi sells for importation, imports, and/or sells after importation into the United States the Accused Audi Product, for example, the Audi Q7 with smartwatch keyfob applications. One 2015 Audi Q7 bears the VIN WA1CGAFP5FAO34516, indicating that it was manufactured in Germany. 172. Further, the Automobile Information Disclosure Act sticker at Exhibit 11 reveals that the Accused Audi Product are being imported, distributed for commerce, and are widely available for sale in the United States. 173. The 2015 Audi Q7 and other Accused Audi Products are available at Audi dealers nationwide, including but not limited to Audi Denver located at 6060 S Broadway, Littleton, CO 80121. E. BMW AG 174. Upon information and belief, BMW sells for importation, imports, and/or sells after importation into the United States the Accused BMW Product, for example, the BMW i3 with smartwatch keyfob applications. One 2015 BMW i3 bears the VIN WBY1Z2C50EVX51234, indicating that it was manufactured in Germany. 175. Further, the Automobile Information Disclosure Act sticker at Exhibit 13 reveals that the Accused BMW Products are being imported, distributed for commerce, and are widely available for sale in the United States.
  • 61. 61 176. The 2015 BMW i3 and other Accused BMW Products are available at BMW dealers nationwide, including but not limited to BMW of Denver located at 2910 S Havana St, Aurora, CO 80014. F. Porsche AG 177. Upon information and belief, Porsche AG sells for importation, imports, and/or sells after importation into the United States the Accused Porsche AG Product, for example, the Porsche Cayenne Turbo S with smartwatch keyfob applications. One 2014 Porsche Cayenne Turbo S bears the VIN WP1AC2A28ELA85911, indicating that it was manufactured in Germany. 178. Further, the Automobile Information Disclosure Act sticker at Exhibit 15 reveals that the Accused Porsche AG Products are being imported, distributed for commerce, and are widely available for sale in the United States. 179. The 2014 Porsche Cayenne Turbo S and other Accused Porsche AG Products are available at Porsche dealers nationwide, including but not limited to Stevinson Imports, 5500 South Broadway, Littleton, CO 80121. G. DEI Holdings, Inc. 180. Upon information and belief, prior to filing this Complaint, representatives for ICC purchased representative Accused Directed Electronics Products in the United States. A copy of a receipt of one of those purchases is
  • 62. 62 attached hereto as Exhibit 33. The packaging for these Accused Directed Electronics Products indicates that the products were made outside the United States. For example, the packaging of the representative Accused Directed Electronics Product states that it was "Made in China." H. Samsung Electronics Co., Ltd. 181. Upon information and belief, prior to filing this Complaint, representatives for ICC purchased representative Accused Samsung Products in the United States. A copy of a receipt of one of those purchases is attached hereto as Exhibit 34. The packaging for these Accused Samsung Products indicates that the products were made outside the United States. For example, the packaging of the representative Accused Samsung Product states that it was "Made in Vietnam." I. LG Corporation 182. Upon information and belief, prior to filing this Complaint, representatives for ICC purchased representative Accused LG Products in the United States. A copy of a receipt of one of those purchases is attached hereto as Exhibit 35. The packaging for these Accused LG Products indicates that the products were made outside the United States. For example, the packaging of the representative Accused LG Product states that it was "Made in Korea."
  • 63. 63 J. Sony Corporation 183. Upon information and belief, Upon information and belief, prior to filing this Complaint, representatives for ICC purchased representative Accused Sony Products in the United States. A copy of a receipt of one of those purchases is attached hereto as Exhibit 36. The packaging for these Accused Sony Products indicates that the products were made outside the United States. For example, the packaging of the representative Accused Sony Product states that it was "Made in China." K. Lenovo Group Limited / Motorola Mobility, Inc. 184. Upon information and belief, prior to filing this Complaint, representatives for ICC purchased representative Accused Motorola Products in the United States. A copy of a receipt of one of those purchases is attached hereto as Exhibit 37. The packaging for these Accused Motorola Products indicates that the products were made outside the United States. For example, the packaging of the representative Accused Motorola Product states that it was "Made in China." IX. HARMONIZED TARIFF SCHEDULE ITEM NUMBERS 185. Upon information and belief, the Accused Products fall within at least the 8511.80.20, 8525.20.9080, and/or 9102.19.20 classification of the Harmonized Tariff Schedule ("HTS") of the United States. See Exhibit 4. The identified HTS number is intended to be for illustration only and is not exhaustive of the products
  • 64. 64 accused of infringement in this Complaint. The HTS number is not intended to limit the scope of the Investigation. X. FOREIGN PATENTS CORRESPONDING 186. In accordance with Commission Rule 2l0.l2(a)(9)(v), ICC is unaware of any foreign counterparts to the asserted ‘151 Patent. XI. RELATED LITIGATION 187. On June 2, 2015, ICC filed a Complaint in the Eastern District of Texas, accusing Hyundai Motor Company et al et al. of infringing ICC’s Asserted Patents. See Exhibit 40 (Intellectual Capital Consulting, Ltd. v. Hyundai Motor Company et al., Case No. 2:15-cv-00917-RWS-RSP. Discovery has not yet commenced in this action. XII. THE DOMESTIC INDUSTRY 188. In accordance with 19 U.S.C. § 1337(a)(2) and 19 U.S.C. § 1337(a)(3), a domestic industry exists and is also in the process of being established in the United States in connection with the ‘151 Patent. Specifically, ICC has established and is actively engaged in developing a domestic industry in the United States in products covered by the ‘151 Patent. Furthermore, ICC has made significant investments in engineering hours, research and development, pre-and post- manufacturing activities in the United States, such as conceptualizing product requirements and specifications, simulating designs, testing, marketing and selling
  • 65. 65 to support its products practicing the Asserted Patent. Additionally, ICC does not have any licensees and is not relying upon any license to establish standing or satisfy the domestic injury requirement. A. ICC Meets the Economic Prong of the Domestic Industry Requirement 189. ICC offers a number of products that are covered by the ‘151 Patent, and is preparing to offer additional such products (the "ICC Patented Products"). Prior to product development, ICC previously manufactured prototypes of its ICC Patented Products in working towards commercialization. ICC has completed the pre-production phase and is marketing the ICC Patented Products under the Blackhawk Remote Engine Starter (Blackhawk RES) brand. 190. Section 337(a)(3) sets forth the criteria for establishing the "economic prong." Specifically, "an industry in the United States shall be considered to exist if there is in the United States, with respect to the articles protected by patent ... (A) significant investment in plant and equipment; (B) significant employment of labor or capital; or (C) substantial investment in its exploitation, including engineering, research and development, or licensing." 19 U.S.C. § 1337(a)(3)(A)- (C). Satisfaction of anyone of these criteria is sufficient to meet the economic prong of the domestic industry requirement. Certain Silicon Microphone Packages and Products Containing the Same, Inv. No. 337-TA-695, Initial Determination, p. 86 (March 24, 2010). In the instant matter, ICC meets aspect § 337(a)(3)(C).
  • 66. 66 191. Moreover, since the ‘151 Patent arises from inventive work in the United States and ICC has continuously taken the necessary steps toward commercialization, thus it has sufficiently established a nexus between its domestic investments and the asserted ‘151 Patent. (See SKG Decl.¶19 Ex. 49). 192. Furthermore, the Federal Circuit had held that the “articles protected by the patent” requirement is satisfied when the patented technology was found in both the licensed products and the accused products, concluding: “As long as the patent covers the article that is the subject of the exclusion proceeding, and as long as the party seeking relief can show that it has a sufficiently substantial investment in the exploitation of the intellectual property to satisfy the domestic industry requirement of the statute, that party is entitled to seek relief under section 337.” See InterDigital Communications LLC v. ITC, 707 F.3d 1295, 1297-98 (Fed. Cir. 2013). Claim charts showing that the ICC Patented Products practice the ‘151 Patent are attached hereto as Confidential Exhibit 39. 193. ICC’s acquisition licensing investment of the ‘151 Patent rights have driven the adoption, development and the production of Blackhawk RES domestic articles, thus the in-licensing activity satisfies 19 U.S.C. § 1337(a)(3)(C). See Confidential Exhibit 52 i. ICC Has Made a Substantial Investment within the United States for the Exploitation of Articles Protected by the Asserted Patent, Including Engineering, and Research and Development
  • 67. 67 194. ICC has made substantial investment in the United States for the exploitation of its products practicing the claims of the Asserted Patents. For example, ICC maintains significant wireless, warranty, and after-sales customer service within the United States for its Blackhawk RES smartwatch vehicular systems practicing the claims of the ICC Asserted Patent. Additionally, ICC contracts with Aeris Communications to provide wireless support and services for its current customers. Further, ICC has invested in continued research and development in smartwatch interfaces applications for the vehicular system, as detailed by the recent ICC design patent submission, U.S. Patent Application No. 29/513,798. See Confidential Exhibit 51. B. Domestic Industry, If not Already Established, is in the Process of Being Established 195. To the extent that ICC’s activities do not already establish domestic industry, ICC’s investments demonstrate that it is taking necessary, tangible steps to establish an industry in the United States, and there is a significant likelihood that the domestic-industry requirement will be met in the future. As for the legislative history of section 337(a)(2), an industry would be considered “in the process of being established” if the patent owner “can demonstrate that he is taking the necessary tangible steps to establish such an industry in the United States.” S. Rep. 100-71 at 130. “The owner of the intellectual property right must be actively engaged in steps leading to the exploitation of the intellectual property, including application engineering, design work, or other such activities. The Commission should determine whether the steps being taken indicate a significant likelihood that the industry requirement will be satisfied in the future.” H. Rep.
  • 68. 68 100-40 at 157. Moreover, “the mere ownership of a patent or other form of intellectual property rights would not be sufficient to satisfy this test.” S. Rep. 100-71 at 129. i. What was the level of interest from potential manufacturers, investors, and licensees in ICC’s technology prior to release of the Respondents’ smartwatch vehicular systems? Did Respondents’ release of smartwatch vehicular systems cause this interest to decrease? To what extent would the products(s) being developed by ICC compete with Respondents’ products? 196. On or about September 10, 2014, the Specialty Equipment Marketing Association (SEMA) selected ICC’s patented Blackhawk RES was as one of the top five innovations and was invited to present the technology during SEMA’s annual trade show in Las Vegas See Exhibit 42. Further, ICC debuted the ICC Patented Products via the Blackhawk RES brand and launched a crowd funding campaign during the SEMA presentation. There was and still is interest from potential manufacturers, investors and licensees. For example, potential manufacturers such as Audiovox and Delphi expressed interest in the technology. Unfortunately, it is suspected that Audiovox lost interest in the technology due to the barrage of non-licensed market entrants. 197. Additionally, one potential investor is the renowned start-up accelerator Techstars. As a global ecosystem, Techstars empowers entrepreneurs to bring new technologies to market wherever they choose to build their business. The