EFTA01108531.pdf

.COPY 0RIGIN/Q 1 TAN N. FEJNBERG (SBN 88324) FI€_z_J [email protected] 2 M. ELIZABETH DAY (SBN 177125) 2ffit kal 11 P 3 19 tdärA. ida...t &stia 3 4 DA D ALBERTI (SBN. 220625) [email protected] SAL LIM (SBN 211836) ro.2gn CIE2E:tii:i. -:3,31(f.CT CURT 5 i aeit~ 05, ZOLOTOREY (SBN 224260) psYa r:31. tf.:: • yolo_toaifeirulancont 6 MARCit S B el .1012 (EN 244290) [email protected] 7 ~NEJ= DAY ALBERTI & TROMPSON LLP 401 Florence Street, Suite 200 8 Palo Alto, CA 94301 Telephone: 650.618.4360 e S014 9 Facsimile: 650.618.4368 10 Attorneys for Plaintiff KOR IP LLC '12 UNITED STATES DISTRICT COURT 13 NORTHERN DISTRICT OF CALIFORNIA .14 15 KGRIP LLC, 16 nandif, C 111 r C 15 -5-8-6 OMPLAINT FOR PATENT INFRINGF.MENT 17 v. 18 AMERICAN HONDA MOTOR CO., INC., HONDA NORTH AMERICA, INC. DEMAND FOR JURYTRIAL 19 AND HONDA MOTOR CO., LTD. 20 Defendants. 21 22 Plaintiff KOR IP LLC ("KOR") complains and alleges as follows againsL Defendatus 23 American Honda Motor Co., Inc. ("American Honda"), Honda North America, Inc. ("Honda 24 North America") and Honda Motor Car Co., Ltd. ("Honda Japan"): .25 TRE PARTIES 26 1. KOR isa limIted liability company organized and existing under the laws of the 27 State of California with its principal place of business in the Northcrn District of California and a 28 maning address at P.O. Box 20134, Stanfoni, California 94309. romarn DAY -1- ALPERY, & COMPLAINT FOR PATENT INPRINGEMENT Tnobinor. EFTA01108531  1 2. KGR is the owner by assignment of all right, title and interest in and to United 2 States Patent No. 6,639,614 ("the '614 Patent"). 3 3. KGR is informed and believes that American Honda is a corporation organized 4 and existing under the laws of the State of Delaware with its principal place of business at 1919 5 Torrance Boulevard, Torrance, California 90501. 6 4. KGR is informed and believes that Honda North America is a corporation 7 organized and existing under the laws of the State of California with its principal place of 8 business at 700 Van Ness Ave., Torrance, California 90501. 9 5. KGR is informed and believes that Honda Japan is a corporation organized and 10 existing under the laws of Japan with its principal place of business at 1-1,2-chome, Minami- 11 Aoyama, Minato-ku, Tokyo 107-8556, Japan. 12 6. KGR is informed and believes that American Honda is a wholly-owned and 13 controlled direct or indirect subsidiary of Honda Japan. 14 7. KGR is informed and believes that Honda North America is a wholly-owned and 15 controlled direct or indirect subsidiary of Honda Japan. 16 8. As used herein, "Honda" will refer to American Iionda,llonda North America and 17 Honda Japan collectively. 18 JURISDICTION AND VENUE 19 9. This is an action for patent infringement arising under the patent laws of the 20 United States, United States Code, 35 U.S.C. § 271 et seq. This Court has subject matter 21 jurisdiction over this action under Title 28 United States Code, §§ 1331 and 1338. 22 10. KGR is informed and believes that this Court has personal jurisdiction over 23 American Honda and Honda North America because they are residents of the State of California. 24 and over American Honda, Honda North America and Honda Japan because they have 25 committed, and continue to commit, acts of infringement in California, including in this district. 26 KGR is informed and believes that American Honda and Honda North America each also 27 maintains a registered agent in California, namely Cr Corporation System, 818 West Seventh 28 Street, Los Angeles, California 90017. FEINISRG DAY -2- MOIST' & THOMPSON LLP COMPLAINT FOR PATENT INFRINGEMENT EFTA01108532  1 11. Venue is proper under 28 US.C. i§ 1391 and 1400 because Honda has committed 2 acts of infringement in this district, and/or is deemed to reside in this district. 3 INTRADISTRICT ASSIGNMENT 4 12. Pursuant to Local Rule 3-2(c), this case is subject to district-wide assignment 5 because it is an Intellectual Property Action. 6 THE PATENT 7 13. On October 28,2003, the United States Patent and Trademark Office duly and 8 legally issued the '614 Patent, entitled "Multi-Variate Data Presentation Method Using 9 Ecologically Valid Stimuli" to Stephen Michael Kosslyn, Giorgio Ganis an' 10 (the "Inventors"). A true and correct copy of the '614 Patent is attached as Exhibit A. 11 14. The Inventors assigned the '614 Patent to KGR, which holds all right, title and 12 interest in and to the '614 Patent, including the right to sue for past, present and future 13 infringement and the right to seek injunctive relief. 14 FIRST CLAIM FOR RELIEF 15 (Infringement of the '614 patent by American Honda) 16 15. KGR incorporates by reference herein the averments set forth in paragraphs 1 17 through 14 above. 18 16. American Honda has and continues to infringe directly at least claim I of the '014 19 Patent, at least by using the Honda Insight with the Eco Assist function. 20 17. American Honda has and continues to induce others (users of the Eco Assist 21 function) to infringe at least claim 1 of the '614 Patent, at least by making, using, offering to sell, 22 selling and/or importing the Honda Insight with the Eco Assist function and instructing others to 23 use the Eco Assist function. American Honda has notice of the '614 Patent, and has acted with 24 the specific intent to induce others to infringe the '614 Patent. 25 18. American Honda has and continues to contribute to the infringement by others 26 (users of the Eco Assist function) of at least claim I of the '614 Patent, at least by making, using, 27 offering to sell, selling and/or importing the Honda Insight with the Eco Assist function. 28 American Honda has notice of the '614 Patent. There is no substantial non-infringing use of the FLINSERG DAY A I& -3- THOMPSON LEY COMPLAINT FOR PATENT INFRINGEMENT EFTA01108533  I Eco Assist function. 2 19. As a result of American Honda's acts of infringement, KGR has suffered and will 3 continue to suffer damages in an amount to be proven at trial. 4 SECOND CLAIM FOR RELIEF 5 (Infringement of the '614 patent by Honda North America) 6 20. KGR incorporates by reference herein the averments set forth in paragraphs 1 through 7 14 above. 8 I 21. Honda North America has and continues to infringe at least claim 1 of the '614 9 Patent, at least by using the Honda Insight with the Eco Assist function. 10 22. Honda North America has and continues to induce others (users of the Eco Assist 11 function) to infringe at least claim 1 of the '614 Patent, at least by making, using, offering to sell, 12 selling and/or importing the Honda Insight with the Eco Assist function and instructing others to 13 use the Eco Assist function. Honda North America has notice of the '614 Patent, and has acted 14 with the specific intent to induce others to infringe the '614 Patent. 15 23. Honda North America has and continues to contribute to the infringement by 16 others (users of the Eco Assist function) of at least claim I of the '614 Patent, at least by making, 17 using, offering to sell, selling and/or importing the Honda Insight with the Eco Assist Function. 18 Honda North America has notice of the '614 Patent. There is no substantial non-infringing use of 19 the Eco Assist function. 20 24. As a result of Honda North America's acts of infringement, KGR has suffered and 21 will continue to suffer damages in an amount to be proven at trial. 22 THIRDCLAIM FOR RELIEF 23 (Infringement of the '614 patent by Honda Japan) 24 25. KGR incorporates by reference herein the averments set forth in paragraphs 1 through 25 14 above. 26 26. Honda Japan has and continues to infringe directly at least claim 1of the '614 27 Patent, at least by using the Honda Insight with the Eco Assist function. 28 27. Honda Japan has and continues to induce others (users of the Eco Assist function) FYINPIRG DAY -4- ALBERTI & THOMPSON LEP COMPLAINT FOR PATENT INFRINGEMENT EFTA01108534  1 to infringe at least claim 1 of the '614 Patent, at least by making, using, offering to sell, selling 2 and/or importing the Honda Insight with the Eco Assist function and instructing others to use the 3 Eco Assist function. Honda Japan has notice of the '614 Patent, and has acted with the specific 4 intent to induce others to infringe the '614 Patent. 5 28. Honda Japan has and continues to contribute to the infringement by others (users 6 of the Eco Assist function) of at least claim 1 of the '614 Patent, at least by making, using, 7 offering to sell, selling and/or importing the Honda Insight with the Eco Assist Function. Honda 8 North America has notice of the '614 Patent. Them is no substantial non-infringing use of the 9 Eco Assist function. 10 29. As a result of Honda Japan's acts of infringement, KGR has suffered and will 11 continue to suffer damages in an amount to be proven at trial. 12 PRAYER I3 WHEREFORE, KGR requests a judgment: 14 A. That defendants American Honda, Honda North America and lionda Japan have 15 infringed one or more claims ofUnited States Patent No. United States Patent No. 6,639,614; 16 B. That United States Patent No. 6,639,614 is valid and enforceable; 17 C. Awarding to KGR its damages caused by defendants American Honda, Honda 18 North America and Honda Japan's infringement ofUnited States Patent No. 6,639,614, including 19 an assessment ofpre-judgment and post-judgment interest and costs; 20 U. Preliminarily and permanently enjoining defendants American Honda, Honda 21 North America and Honda Japan's from further infringement of United States Patent No. 22 6,639,614; and 23 E. Awarding KGR such other and further relief as the Court may deem just and 24 proper. 25 26 27 28 FEINBERG DAY ALBINO It -5- THOMPSON LLP COMPLAINT FOR PATENT INFRINGEMENT EFTA01108535  Dated: November 17,2011 FEINBERG DAY ALBERTI 84 TtiomPsoN LLP 3 By: Ian N. Feinberg 4 K Elizabeth Day David Alberti Sal Lim Yakov Zolotorev 6 Marc Belloli 7 Attorneys for Plaintiff 8 KOR IP LLC 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 nilNiue DAY -6- Almirre k THOMPSON LLP COMPLAINT FOR PATENT INFRINGEMENT EFTA01108536  1 DEMAND FOR JURY TRIAL 2 KGR demands trial by jury for all issues so triable pursuant to Fed. R. Civ. Pro. 38(b) and 3 Civil L.R. 3-6(a). 4 Dated: November 17, 2011 FEINBERG DAY ALBERTI & THOMPSON LLP 5 6 By: Ian N. Feinberg 7 M. Elizabeth Day David Alberti 8 Sal Lim Yakov Zolotorev 9 Marc Belloli 10 Attorneys for Plaintiff 11 KGR IP LLC 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 FBINURC DAY Amin, & -7- Tatoursom LLP COMPLAINT FOR PATENT INFRINGEMENT EFTA01108537