1 Randall J. Sunshine (SBN 137363) rsunshine@linerlaw.com 2 Ryan E. Hatch (SBN 235577) rhatch@linerlaw.com 3 Jason L.

Haas (SBN 217290) jhaas@linerlaw.com 4 LINER LLP 1100 Glendon Avenue, 14th Floor 5 Los Angeles, California 90024.3503 Telephone: (310) 500-3500 6 Facsimile: (310) 500-3501 7 Attorneys for Plaintiff SIGNAL IP, INC. 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 SIGNAL IP, INC., a California 12 corporation, 13 14 vs. Plaintiff, Case No. 8:14-cv-00607 COMPLAINT FOR PATENT INFRINGEMENT JURY TRIAL DEMANDED

15 SUZUKI MOTOR OF AMERICA, INC., a California corporation, 16 Defendant. 17 18 Plaintiff Signal IP, Inc. (“Signal IP” or “Plaintiff”) brings this Complaint

19 against Defendant Suzuki Motor of America, Inc. (“Suzuki” or “Defendant”), 20 alleging as follows: 21 22 1. PARTIES Plaintiff Signal IP is a California corporation with its principal place of

23 business at 11100 Santa Monica Blvd., Suite 380, Los Angeles, CA 90025. 24 2. On information and belief, Suzuki Motor of America, Inc. is a 25 California corporation with its principal place of business at 3251 East Imperial 26 Highway, Brea, CA 92821. 27 28 3. JURISDICTION, VENUE AND JOINDER This action arises under the patent laws of the United States, Title 35 of
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1 the United States Code. This Court has subject matter jurisdiction pursuant to 28 2 U.S.C. §§ 1331 and 1338(a). 3 4. This Court has personal jurisdiction over Defendant. Defendant has 4 conducted extensive commercial activities and continues to conduct extensive 5 commercial activities within the State of California. Defendant Suzuki Motor of 6 America, Inc. is a California corporation with its principal place of business in Brea, 7 CA, in this judicial district. Defendant is registered to do business in California. On 8 information and belief, Defendant, directly and/or through intermediaries (including 9 Defendant’s entities, subsidiaries, distributors, sales agents, partners and others), 10 distributes, offers for sale, sells, and/or advertises its products (including but not 11 limited to the products and services that are accused of infringement in this lawsuit) 12 in the United States, in the State of California, and in this judicial district, under the 13 “Suzuki” brand name. Defendant has purposefully and voluntarily placed one or 14 more of its infringing products and services into the stream of commerce with the 15 expectation that the products and services will be purchased or used by customers in 16 California and within this judicial district. Accordingly, Defendant has infringed 17 Signal IP’s patents within the State of California and in this judicial district as 18 alleged in more detail below. 19 20 21 6. 5. Venue is proper in this district under 28 U.S.C. §§ 1391 and 1400(b). BACKGROUND Signal IP, Inc. is a California corporation with a principal place of

22 business at 11100 Santa Monica Blvd., Suite 380, Los Angeles, CA 90025. It is the 23 owner of the entire right, title and interest in and to U.S. Patent Nos. 6,012,007 and 24 5,463,374 (the “Patents-in-Suit”). 25 7. On information and belief, Defendant is a direct or indirect subsidiary 26 of global car manufacturer and distributor Suzuki Motor Corporation (“Suzuki 27 Motor Corp.”), which is headquartered in Japan. Suzuki Motor Corp. manufactures 28 and distributes vehicles under the “Suzuki” brand name.
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COMPLAINT FOR PATENT INFRINGEMENT

Case No. 8:14-cv-00607

1 2 3 8. 4 forth in full herein. 5 9.

FIRST CLAIM FOR RELIEF (Infringement of the ‘007 Patent) Plaintiff incorporates paragraphs 1 through 7 of this complaint as if set

Signal IP is the owner of the entire right, title, and interest in and to

6 U.S. Patent No. 6,012,007 (the ‘007 Patent), entitled “Occupant Detection Method 7 and Apparatus for Air Bag System.” The ‘007 Patent was duly and legally issued by 8 the U.S. Patent and Trademark Office on January 4, 2000. A true and correct copy 9 of the ‘007 Patent is attached as Exhibit A. 10 10. Defendant has directly infringed and continues to infringe, literally 11 and/or under the doctrine of equivalents, the ‘007 Patent by making, using, offering 12 for sale, and/or selling in the United States certain methods or systems for vehicles 13 disclosed and claimed in the ‘007 Patent, including but not limited to the Front 14 Passenger Sensing System, used in products including but not limited to the Suzuki 15 Equator, Grand Vitara, Kizashi, SX4, and XL7. 16 11. Defendant has contributorily infringed and is currently contributorily

17 infringing the ‘007 Patent by making, using, offering for sale, and/or selling in the 18 United States certain methods or systems disclosed and claimed in the ‘007 Patent, 19 including but not limited to the Front Passenger Sensing System, used in products 20 including but not limited to the Suzuki Equator, Grand Vitara, Kizashi, SX4, and 21 XL7. 22 12. Defendant has actively induced and is actively inducing the 23 infringement of the ‘007 Patent by making, using, offering for sale, and/or selling in 24 the United States certain methods or systems disclosed and claimed in the ‘007 25 Patent, including but not limited to the Front Passenger Sensing System, used in 26 products including but not limited to the Suzuki Equator, Grand Vitara, Kizashi, 27 SX4, and XL7. 28 13. Defendant’s infringement of the ‘007 Patent has been and continues to 3
COMPLAINT FOR PATENT INFRINGEMENT Case No. 8:14-cv-00607

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1 be willful, rendering this case exceptional within the meaning of 35 U.S.C. § 285. 2 14. Unless enjoined by this Court, Defendant will continue to infringe on

3 the ‘007 Patent. 4 15. As a direct and proximate result of the Defendant’s conduct, Plaintiff 5 has suffered, and will continue to suffer, irreparable injury for which it has no 6 adequate remedy at law. Plaintiff also has been damaged and, until an injunction 7 issues, will continue to be damaged in an amount yet to be determined. 8 9 10 16. 11 forth in full herein. 12 17. Signal IP is the owner of the entire right, title, and interest in and to 13 U.S. Patent No. 5,463,374 (the ‘374 Patent), entitled “Method and Apparatus for 14 Tire Pressure Monitoring and for Shared Keyless Entry Control.” The ‘374 Patent 15 was duly and legally issued by the U.S. Patent and Trademark Office on October 31, 16 1995. A true and correct copy of the ‘374 Patent is attached as Exhibit B. 17 18. Defendant has directly infringed, literally and/or under the doctrine of 18 equivalents, the ‘374 Patent by making, using, offering for sale, and/or selling in the 19 United States certain methods or systems for vehicles disclosed and claimed in the 20 ‘374 Patent, including but not limited to the integrated Remote Keyless Entry (RKE) 21 and Tire Pressure Monitor Systems (TPMS), used in products including but not 22 limited to the Suzuki Equator, Grand Vitara, Kizashi, and XS4. 23 19. Defendant has contributorily infringed the ‘374 Patent by making, 24 using, offering for sale, and/or selling in the United States certain methods or 25 systems disclosed and claimed in the ‘374 Patent, including but not limited to the 26 integrated Remote Keyless Entry (RKE) and Tire Pressure Monitor Systems 27 (TPMS), used in products including but not limited to the Suzuki Equator, Grand 28 Vitara, Kizashi, and XS4.
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SECOND CLAIM FOR RELIEF (Infringement of the ‘374 Patent) Plaintiff incorporates paragraphs 1 through 15 of this complaint as if set

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COMPLAINT FOR PATENT INFRINGEMENT

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1

20.

Defendant has actively induced infringement of the ‘374 Patent by

2 making, using, offering for sale, and/or selling in the United States certain methods 3 or systems disclosed and claimed in the ‘374 Patent, including but not limited to the 4 integrated Remote Keyless Entry (RKE) and Tire Pressure Monitor Systems 5 (TPMS), used in products including but not limited to the Suzuki Equator, Grand 6 Vitara, Kizashi, and XS4. 7 21. As a direct and proximate result of the Defendant’ conduct, Plaintiff 8 has suffered irreparable injury for which it has no adequate remedy at law. Plaintiff 9 also has been damaged in an amount yet to be determined. 10 11 PRAYER FOR RELIEF Wherefore, Signal IP respectfully requests that the Court enter judgment

12 against Defendant as follows: 13 14 15 16 17 1. 2. 3. 4. 5. That Defendant has directly infringed the Patents-in-Suit; That Defendant has contributorily infringed the Patents-in-Suit; That Defendant has induced the infringement of the Patents-in-Suit; That Defendant’s infringement be adjudged willful and deliberate; That Defendant and its affiliates, subsidiaries, officers, directors,

18 employees, agents, representatives, successors, assigns, and all those acting in 19 concert, participation, or privity with them or on their behalf, including customers, 20 be enjoined from infringing, inducing others to infringe or contributing to the 21 infringement of the Patents-in-Suit; 22 6. For damages, according to proof, for Defendant’s infringement, 23 together with pre-judgment and post-judgment interest, as allowed by law and that 24 such damages be trebled as provided by 35 U.S.C. § 284; 25 27 and 28 For such other and further relief as the Court may deem just and proper.
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7.

That this Court determine that this is an exceptional case under 35

26 U.S.C. § 285 and an award of attorneys’ fees and costs to Signal IP is warranted;

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1 2 Dated: April 17, 2014 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
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LINER LLP

By:

/s/ Ryan E. Hatch Randall J. Sunshine Ryan E. Hatch Jason L. Haas Attorneys for Plaintiff SIGNAL IP, INC.

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COMPLAINT FOR PATENT INFRINGEMENT

Case No. 8:14-cv-00607

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