You are on page 1of 9

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN -------MAGNA ELECTRONICS INC.

) ) ) Plaintiff, ) ) Civil Action No. __________ v. ) ) Honorable __________________ HYUNDAI MOBIS, CO. LTD., ) MOBIS AMERICA, INC., ) MOBIS PARTS AMERICA, LLC, ) MOBIS NORTH AMERICA, LLC ) d/b/a MOBIS PARTS DETROIT, LLC; ) AMERICAN AUTOPARTS, INC; ) MOBIS ALABAMA, LLC; ) MOBIS GEORGIA, LLC ) ) Defendants. ) ____________________________________) COMPLAINT Magna Electronics Inc. hereby complains of Hyundai Mobis, Co. Ltd., Mobis America, Inc., Mobis Parts America, LLC, Mobis North America, LLC, Mobis Parts Detroit, LLC, American Autoparts, Inc., Mobis Alabama, LLC and Mobis Georgia, LLC and alleges as follows: THE PARTIES 1. Magna Electronics Inc. is a corporation organized and existing under the laws of

the State of Delaware, having a registered office of 2711 Centerville Road, Suite 400, Wilmington, Delaware 19808 and a principal place of business at 1870 Technology Drive, Troy Michigan 48083, is registered to do business in the State of Michigan and is doing business in this District (hereinafter Magna or Plaintiff).

2.

Defendant Hyundai Mobis, Co. Ltd. (Hyundai Mobis), upon information and

belief, is a Korean corporation with a business address of 679-4 ING Bldg., Yeoksam1-dong, Gangnam-gu, Seoul, 135-977, Republic of Korea. 3. Defendant Mobis America, Inc. (Mobis America), upon information and belief,

is a Delaware corporation with a principal place of business of 2821 Eastern Boulevard, Suite 100, Montgomery, AL 36116, and a business address of 1395 Mitchell Young Rd., Montgomery, AL 36108. 4. Defendant Mobis Parts America, LLC (Mobis Parts), upon information and

belief, is a Delaware limited liability company with a principal place of business of 13200 NW 17th St., Miami, FL 33182, a business address of 10805 NW 100th Street, Suite 11, Miami, FL 33178, and a mailing address of 111 Peters Canyon Road, Irvine, CA 92606. 5. Defendant Mobis North America, LLC (Mobis NA), upon information and

belief, is a is a Delaware limited liability company licensed to conduct business in the State of Michigan with a registered office of 6401 W. Fort St., Detroit, MI 48209, and registered with the State of Michigan to conduct business under the assumed name Mobis Parts Detroit, LLC (Mobis Detroit) with a business address of 23255 Commerce Dr., Farmington Hills, MI 48335, and conducts business under the assumed name Mobis North America-Michigan. 6. Defendant American Autoparts, Inc. (American AP), upon information and

belief, is a Delaware Corporation with a business address of 3900 Stickney Avenue, Toledo, OH 43608, which conducts business under the assumed name Mobis North America, LLC and conducts business under the assumed name Mobis North America, LLC MNA, and conducts business under the assumed name Mobis North America-Ohio.

7.

Defendant Mobis Alabama, LLC (Mobis Alabama), upon information and

belief, is a Delaware limited liability company with a principal address of 2821 Eastern Boulevard, Suite 100, Montgomery, AL 36116, and a business address of 1395 Mitchell Young Rd., Montgomery, AL 36108. 8. Defendant Mobis Georgia, LLC (Mobis Georgia), upon information and belief,

is a Delaware limited liability company with a business address of 7001 Kia Parkway, West Point, GA 31833. 9. On information and belief Hyundai Mobis owns Mobis America, and Mobis

America in turn owns Mobis Parts, Mobis NA which does business as Mobis Detroit, Mobis Alabama and Mobis Georgia. On information and belief Hyundai Mobis owns American AP. On information and belief, Mobis America, Mobis Parts, Mobis NA, Mobis Detroit, American AP, Mobis Alabama and Mobis Georgia are all owned, either directly or indirectly, and controlled by Hyundai Mobis. (The defendants are hereinafter collectively referred to as Mobis or Defendants.) 10. In the alternative, on information and belief, Hyundai Mobis owns American AP,

and American AP in turn owns Mobis NA which does business as Mobis Detroit. 11. Defendants Mobis, upon information and belief, are doing business within the

State of Michigan and within the Eastern District of Michigan, and are engaged in continuous and systematic business within the Eastern District of Michigan, and including the commission of acts of infringement as hereinafter stated. JURISDICTION AND VENUE 12. This action arises under the patent laws of the United States, Title 35 of the

United States Code, 1 et seq.

13.

This Court has jurisdiction in this action under 28 U.S.C. 1331 and 1338.

Venue is proper in this judicial district pursuant to 28 U.S.C. 1391 and 1400. BACKGROUND ALLEGATIONS 14. On April 24, 2001, United States Letters Patent No. 6,222,447 was duly and

legally issued to the predecessor in interest to Magna, as owner by assignment thereof, for an invention entitled Rearview Vision System With Indicia Of Backup Travel. 15. On March 15, 2011, a Re-examination Certificate was duly and legally issued to

the predecessor in interest to Magna for United States Letters Patent No. 6,222,447. A true and correct copy of United States Patent No. 6,222,447 and the Re-examination Certificate therefore is attached hereto as Exhibit 1 (hereinafter the 447 Patent). 16. On September 7, 1999, United States Letters Patent No. 5,949,331 was duly and

legally issued to the predecessor in interest to Magna, as owner by assignment thereof, for an invention entitled Display Enhancements For Vehicle Vision System. 17. On March 1, 2011, a Re-examination Certificate was duly and legally issued to

the predecessor in interest to Magna for United States Letters Patent No. 5,949,331. A true and correct copy of United States Patent No. 5,949,331 and the Re-examination Certificate therefore is attached hereto as Exhibit 2 (hereinafter the 331 Patent). 18. Magna is the owner, by valid assignment, of all right, title, and interest in and to

the 447 Patent and the 331 Patent, including the right to seek remedies and relief for past infringement thereof. 19. The 447 and 331 Patents are currently undergoing reexamination in the United

States Patent and Trademark Office.

20.

Magna and its predecessors in interest have provided actual notice to Mobis of the

447 and 331 Patents. Defendants have notice of the 447 and 331 Patents. COUNT I Infringement of United States Patent No. 6,222,447 21. 22. Plaintiff incorporates and reasserts paragraphs 1-21 herein by reference. Defendants Mobis have, on information and belief, in the past been and still are

infringing United States Letters Patent 6,222,447 by making, importing, using, selling, and/or offering for sale in and to the United States products incorporating Rearview Vision Systems embodying the patented invention of the 447 Patent. Upon information and belief Defendants Mobis have individually and jointly combined to engage in acts of direct infringement by themselves and through agents acting in combination. 23. Upon information and belief, with knowledge and/or reckless disregard

amounting to knowledge of the infringement by the aforesaid products of the 447 Patent, Defendants have provided Rearview Vision Systems to at least one third party for use in infringement of the 447 Patent. Use by third parties of the aforesaid Rearview Vision Systems obtained from or through Defendants Mobis, upon information and belief, infringes the 447 Patent. The actions of Defendants Mobis constitute inducement of infringement of United States Letters Patent No. 6,222,447. 24. Upon information and belief, Defendants Mobis manufacture, import, sell, and/or

offer to sell Rearview Vision Systems and/or components thereof with knowledge and/or reckless disregard amounting to knowledge that said Rearview Vision Systems and/or components thereof constitute a material part of the invention of the 447 Patent and that are specially made or specially adapted for use in the infringement of the 447 Patent, and said

Rearview Vision Systems and/or components thereof are not a staple article or commodity of commerce suitable for substantial noninfringing use. The actions of Defendants Mobis constitute contributory infringement of United States Letters Patent No. 6,222,447. 25. Upon information and belief, Defendants infringement, contributory

infringement, and inducement of infringement have been willful. 26. Despite any statement to the contrary, upon information and belief, Defendants

Mobis will continue to infringe, contributorily infringe and induce the infringement of the 331 Patent unless enjoined by this Court. 27. Upon information and belief, Defendants infringement, contributory

infringement, and inducement of infringement have resulted in damage to Plaintiff and will continue to do so unless enjoined by this Court. 28. Plaintiff has no adequate remedy at law, and is, therefore, entitled to a permanent

injunction prohibiting further infringement by Defendants. 29. Plaintiff has been damaged by past activities of Defendants, and is entitled to

damages for past infringement, contributory infringement and inducement of infringement. COUNT II Infringement of United States Patent No. 5,949,331 30. 31. Plaintiff incorporates and reasserts paragraphs 1-29 herein by reference. Defendants Mobis have, on information and belief, in the past been and still are

infringing United States Letters Patent 5,949,331 by making, importing, using, selling, and/or offering for sale in and to the United States products incorporating Vehicle Vision Systems embodying the patented invention of the 331 Patent. Upon information and belief Defendants

Mobis have individually and jointly combined to engage in acts of direct infringement by themselves and through agents acting in combination. 32. Upon information and belief, with knowledge and/or reckless disregard

amounting to knowledge of the infringement by the aforesaid products of the 331 Patent, Defendants have provided Vehicle Vision Systems to at least one third party for use in infringement of the 331 Patent. Use by third parties of the aforesaid Vehicle Vision Systems obtained from or through Defendants Mobis, upon information and belief, infringes the 331 Patent. The actions of Defendants Mobis constitute inducement of infringement of United States Letters Patent No. 5,949,331. 33. Upon information and belief, Defendants Mobis manufacture, import, sell, and/or

offer to sell Vehicle Vision Systems and/or components thereof with knowledge and/or reckless disregard amounting to knowledge that said Vehicle Vision Systems and/or components thereof constitute a material part of the invention of the 331 Patent and that are specially made or specially adapted for use in the infringement of the 331 Patent, and said Vehicle Vision Systems and/or components thereof are not a staple article or commodity of commerce suitable for substantial noninfringing use. The actions of Defendants Mobis constitute contributory infringement of United States Letters Patent No. 5,949,331. 34. Upon information and belief, Defendants' infringement, contributory

infringement, and inducement of infringement have been willful. 35. Despite any statement to the contrary, upon information and belief, Defendants

Mobis will continue to infringe, contributorily infringe and induce the infringement of the 331 Patent unless enjoined by this Court.

36.

Upon information and belief, Defendants' infringement, contributory

infringement, and inducement of infringement have resulted in damage to Plaintiff and will continue to do so unless enjoined by this Court. 37. Plaintiff has no adequate remedy at law, and is, therefore, entitled to a permanent

injunction prohibiting further infringement by Defendants. 38. Plaintiff has been damaged by past activities of Defendants, and is entitled to

damages for past infringement, contributory infringement and inducement of infringement. WHEREFORE, Plaintiff Magna demands that judgment be entered in its favor against Defendants Mobis, as follows: A. Permanently enjoining Defendants Mobis, their officers, agents, servants,

employees, attorneys, and all those persons in privity or in active concert or participation with them, and each of them, from further manufacture, importation, sale, offer for sale, and/or use of an apparatus which infringes, contributorily infringes, or induces infringement of the 447 and/or 331 Patents. B. Permanently enjoining Defendants Mobis, its officers, agents, servants,

employees, attorneys, and all those persons in privity or in active concert or participation with it, and each of them, from further acts of infringement of the 447 and/or 331 Patents. C. D. Ordering an accounting. Awarding damages adequate to compensate Plaintiff for Defendants

infringement, contributory infringement, and inducement of infringement of the 447 and/or 331 Patents.

E.

Increasing the damages up to three times the amount found or assessed for

Defendants' willful acts of infringement. F. G. Awarding prejudgment interest and costs. Finding this to be an exceptional case and awarding reasonable attorneys fees to

Plaintiff. H. Such other and further relief as is necessary and appropriate.

Dated: March 29, 2012

/s/Terence J. Linn Terence J. Linn (P-33449) Gardner, Linn, Burkhart & Flory, LLP 2851 Charlevoix Drive SE, Suite 207 Grand Rapids, Michigan 49546 (616) 975-5500 linn@glbf.com P33449 Attorneys for Plaintiff Magna Electronics Inc.