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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION

AMERICAN VEHICULAR SCIENCES LLC

Plaintiff,

v. TOYOTA MOTOR CORPORATION, TOYOTA MOTOR SALES, U.S.A., INC. TOYOTA MOTOR ENGINEERING & MANUFACTURING NORTH AMERICA, INC., TOYOTA MOTOR MANUFACTURING, KENTUCKY, INC., TOYOTA MOTOR MANUFACTURING, INDIANA, INC., SOUTHEAST TOYOTA DISTRIBUTORS, LLC, GULF STATES TOYOTA, INC, AND GENTEX CORPORATION Defendants.

Civil Action No. _________

JURY TRIAL

PLAINTIFFS ORIGINAL COMPLAINT Plaintiff American Vehicular Sciences LLC (AVS) files this Original Complaint for patent infringement against Defendants Toyota Motor Corporation, Toyota Motor Sales, U.S.A., Inc., Toyota Motor Engineering & Manufacturing North America, Inc., Toyota Motor Manufacturing, Kentucky, Inc., Toyota Motor Manufacturing, Indiana, Inc., Southeast Toyota Distributors, LLC, and Gulf States Toyota, Inc. (collectively Toyota) and against Gentex Corporation.

PARTIES 1. Plaintiff AVS is a limited liability company existing under the laws of Texas with

its principal place of business at 6136 Frisco Square Blvd., Suite 385, Frisco, Texas 75034. 2. Defendant Toyota Motor Corporation is a corporation existing under the laws of

Japan with its principal place of business at 1 Toyota-cha, Toyota City, Aichi Prefecture 4718571, Japan. 3. Defendant Toyota Motor Sales U.S.A., Inc. is a California corporation with its

principal place of business at 19001 S. Western Avenue, Torrance, CA 90501. 4. Defendant Toyota Motor Engineering & Manufacturing North America, Inc. is a

Kentucky corporation with its principal place of business at 25 Atlantic Avenue, Erlanger, Kentucky 41018. 5. Defendant Toyota Motor Manufacturing, Kentucky, Inc. is a Kentucky

corporation with its principal place of business at in 1001 Cherry Blossom Way, Georgetown, Kentucky 40324. 6. Defendant Toyota Motor Manufacturing, Indiana, Inc. is an Indiana corporation

with its principal place of business at 4000 Tulip Tree Drive, Princeton, Indiana 47670. 7. Defendant Southeast Toyota Distributors, LLC is a Delaware limited liability

company with its principal place of business at 500 Jim Moran Boulevard, Deerfield Beach, Florida 33442. 8. Defendant Gulf States Toyota, Inc. is a Texas corporation with its principal place

of business at 1375 Enclave Parkway, Houston, Texas 77077.

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Defendant Gentex Corporation (Gentex) is a corporation existing under the

laws of the state of Michigan with its principal place of business at 600 North Centennial Street, Zeeland, Michigan 49464. JURISDICTION AND VENUE 10. This is an action for patent infringement under the Patent Laws of the United

States, 35 U.S.C. 271. 11. 1338(a). 12. Venue is proper in this judicial district under 28 U.S.C. 1391(b) and 1400 (b). SUMMARY 13. Dr. David Breed is one of the leading inventors in the field of automotive This court has subject matter jurisdiction pursuant to 28 U.S.C. 1331 and

technology in the world today. 14. Dr. Breed is an inventor on more than 300 United States patents relating to

automotive technologies, including airbags, navigation systems, vehicle diagnostics, crash sensors, vehicle communications, systems monitoring, theft protection, and collision avoidance. 15. Dr. Breed has a Ph.D in Mechanical Engineering from Columbia University as

well as Bachelors and Masters degrees from the Massachusetts Institute of Technology. 16. Dr. Breed has received the National Highway Traffic Safety Administration's

Award for Safety Engineering and the prestigious H.H. Bliss award for his contributions to the development of the airbag. 17. Dr. Breed is a member of the Tau Beta Pi and Pi Tau Sigma engineering honors

societies and has published numerous peer-reviewed articles.


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COUNT I: INFRINGEMENT OF U.S. PATENT NO. 6,772,057 18. 19. AVS incorporates the foregoing paragraphs as if fully set forth here. On August 3, 2004, the USPTO duly and legally issued United States Patent No.

6,772,057 B2 (the 057 Patent), entitled Vehicular Monitoring Systems Using Image Processing. AVS owns the 057 Patent and holds the right to sue and recover damages for infringement thereof. A true and correct copy of the 057 Patent is attached as Exhibit A. 20. On information and belief, Toyota has been and now is directly infringing, and/or

inducing infringement by others, and/or contributing to the infringement by others of the 057 Patent in the state of Texas, in this judicial district, and elsewhere within the United States by, among other things, making, using, offering for sale, selling, or importing vehicles, including but not limited to various model years of Lexus ES, GS, LS, IS C, RX, GX, LX, IS F, CTh, RXh, GSh, and LSh product and Toyotas Sienna, Land Cruiser, Camry, and Prius product, that include monitoring systems, including but not limited to Advanced Pre-Collision System, PreCollision (Crash) System, Lane Departure (Keep), Lane Keep Assist, Blind Spot, and Night View, and similar systems that infringe or the use of which infringe one or more claims of the 057 Patent, all to the injury of AVS. Toyota is thus liable for infringement of the 057 Patent pursuant to 35 U.S.C. 271. 21. On information and belief, Defendant Gentex has been and now is inducing

infringement by others and/or contributing to the infringement by others of the 057 Patent in the state of Texas, in this judicial district, and elsewhere within the United States by providing monitoring systems, including but not limited to blind spot, lane departure, and pedestrian detection warning systems, to Toyota for use in vehicles that infringe or the use of which

infringe one or more claims of the 057 Patent, all to the injury of AVS. Gentex is thus liable for infringement of the 057 Patent pursuant to 35 U.S.C. 271. 22. As a result of Defendants infringement of the 057 Patent, Defendants Toyota

and Gentex have damaged AVS. Defendants Toyota and Gentex are liable to AVS in an amount to be determined at trial that adequately compensates AVS for the infringement, which by law can be no less than a reasonable royalty. 23. AVS intends to seek discovery on the issue of willfulness and reserves the right to

seek a willfulness finding relative to pre-suit infringement and/or post-suit infringement of the 057 Patent. 24. As a result of Defendants infringement of the 057 Patent, AVS has suffered and

will continue to suffer loss and injury unless Defendants Toyota and Gentex are enjoined by this Court. 25. At least as early as its receipt of this Complaint, Defendants Toyota and Gentex

have had knowledge of the 057 Patent and written notice of the infringement. COUNT II: INFRINGEMENT OF U.S. PATENT NO. 7,202,776 26. 27. AVS incorporates the foregoing paragraphs as if fully set forth here. On April 10, 2007, the USPTO duly and legally issued United States Patent No.

7,202,776 B2 (the 776 Patent), entitled Method And System For Detecting Objects External To A Vehicle. AVS owns the 776 Patent and holds the right to sue and recover damages for infringement thereof. A true and correct copy of the 776 Patent is attached as Exhibit B. 28. On information and belief, Toyota has been and now is directly infringing, and/or

inducing infringement by others, and/or contributing to the infringement by others of the 776 Patent in the state of Texas, in this judicial district, and elsewhere within the United States by,
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among other things, making, using, offering for sale, selling, or importing vehicles, including but not limited to various model years of Toyotas Avalon, Sequoia, and Sienna product, that include systems for obtaining information about objects in the environment outside of and around the vehicle, including but not limited to Dynamic Laser Cruise Control, that infringe or the use of which infringe one or more claims of the 776 Patent, all to the injury of AVS. Toyota is thus liable for infringement of the 776 Patent pursuant to 35 U.S.C. 271. 29. AVS. As a result of Toyotas infringement of the 776 Patent, Toyota has damaged

Toyota is liable to AVS in an amount to be determined at trial that adequately

compensates AVS for the infringement, which by law can be no less than a reasonable royalty. 30. AVS intends to seek discovery on the issue of willfulness and reserves the right to

seek a willfulness finding relative to pre-suit infringement and/or post-suit infringement of the 776 Patent. 31. As a result of Toyotas infringement of the 776 Patent, AVS has suffered and

will continue to suffer loss and injury unless Toyota is enjoined by this Court. 32. At least as early as its receipt of this Complaint, Toyota has had knowledge of the

776 Patent and written notice of the infringement. COUNT III: INFRINGEMENT OF U.S. PATENT NO. 7,359,782 33. 34. AVS incorporates the foregoing paragraphs as if fully set forth here. On April 15, 2008, the USPTO duly and legally issued United States Patent No.

7,359,782 B2 (the 782 Patent), entitled Vehicular Impact Reactive System And Method. AVS owns the 782 Patent and holds the right to sue and recover damages for infringement thereof. A true and correct copy of the 782 Patent is attached as Exhibit C.

35.

On information and belief, Toyota has been and now is directly infringing, and/or

inducing infringement by others, and/or contributing to the infringement by others of the 782 Patent in the state of Texas, in this judicial district, and elsewhere within the United States by, among other things, making, using, offering for sale, selling, or importing vehicles, including but not limited to various model years of Lexus ES, GS, LS, IS C, RX, GX, LX, IS F, CTh, RXh, GSh, and LSh product and Toyotas Sienna, Land Cruiser, Camry, and Prius product, that include monitoring systems, including but not limited to Advanced Pre-Collision System, PreCollision (Crash) System, Blind Spot, and Night View and similar systems, that infringe or the use of which infringe one or more claims of the 782 Patent, all to the injury of AVS. Toyota is thus liable for infringement of the 782 Patent pursuant to 35 U.S.C. 271. 36. On information and belief, Defendant Gentex has been and now is inducing

infringement by others and/or contributing to the infringement by others of the 782 Patent in the state of Texas, in this judicial district, and elsewhere within the United States by providing monitoring systems, including but not limited to blind spot and pedestrian detection warning systems, to Toyota for use in vehicles that infringe or the use of which infringe one or more claims of the 782 Patent, all to the injury of AVS. Gentex is thus liable for infringement of the 782 Patent pursuant to 35 U.S.C. 271. 37. As a result of Defendants infringement of the 782 Patent, Defendants Toyota

and Gentex have damaged AVS. Defendants Toyota and Gentex are liable to AVS in an amount to be determined at trial that adequately compensates AVS for the infringement, which by law can be no less than a reasonable royalty.

38.

AVS intends to seek discovery on the issue of willfulness and reserves the right to

seek a willfulness finding relative to pre-suit infringement and/or post-suit infringement of the 782 Patent. 39. As a result of Defendants infringement of the 782 Patent, AVS has suffered and

will continue to suffer loss and injury unless Defendants Toyota and Gentex are enjoined by this Court. 40. At least as early as its receipt of this Complaint, Defendants Toyota and Gentex

have had knowledge of the 782 Patent and written notice of the infringement. COUNT IV: INFRINGEMENT OF U.S. PATENT NO. 7,783,403 41. 42. AVS incorporates the foregoing paragraphs as if fully set forth here. On August 24, 2010, the United States Patent and Trademark Office (USPTO)

duly and legally issued United States Patent No. 7,783,403 (the 403 Patent), entitled System And Method For Preventing Vehicular Accidents. AVS owns the 403 Patent and holds the right to sue and recover damages for infringement thereof. A true and correct copy of the 403 Patent is attached as Exhibit D. 43. On information and belief, Toyota has been and now is directly infringing, and/or

inducing infringement by others, and/or contributing to the infringement by others of the 403 Patent in the state of Texas, in this judicial district, and elsewhere within the United States by, among other things, making, using, offering for sale, selling, or importing vehicles, including but not limited to various model years of Lexus ES, GS, LS, IS C, RX, GX, LX, IS F, CTh, RXh, GSh, and LSh product and Toyotas Sienna, Land Cruiser, and Prius product, that include monitoring systems and employ methods for protecting vehicle occupants during impacts with objects, including but not limited to Advanced Pre-Collision System and Pre-Collision (Crash)
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System, and similar systems that infringe or the use of which infringe one or more claims of the 403 Patent, all to the injury of AVS. Toyota is thus liable for infringement of the 403 Patent pursuant to 35 U.S.C. 271. 44. AVS. As a result of Toyotas infringement of the 403 Patent, Toyota has damaged

Toyota is liable to AVS in an amount to be determined at trial that adequately

compensates AVS for the infringement, which by law can be no less than a reasonable royalty. 45. AVS intends to seek discovery on the issue of willfulness and reserves the right to

seek a willfulness finding relative to pre-suit infringement and/or post-suit infringement of the 403 Patent. 46. As a result of Toyotas infringement of the 403 Patent, AVS has suffered and

will continue to suffer loss and injury unless Toyota is enjoined by this Court. 47. At least as early as its receipt of this Complaint, Toyota has had knowledge of the

403 Patent and written notice of the infringement. COUNT V: INFRINGEMENT OF U.S. PATENT NO. 8,041,483 48. 49. AVS incorporates the foregoing paragraphs as if fully set forth here. On October 18, 2011, the USPTO duly and legally issued United States Patent

No. 8,041,483 B2 (the 483 Patent), entitled Exterior Airbag Deployment Techniques. AVS owns the 483 Patent and holds the right to sue and recover damages for infringement thereof. A true and correct copy of the 483 Patent is attached as Exhibit E. 50. On information and belief, Toyota has been and now is directly infringing, and/or

inducing infringement by others, and/or contributing to the infringement by others of the 483 Patent in the state of Texas, in this judicial district, and elsewhere within the United States by, among other things, making, using, offering for sale, selling, or importing vehicles, including but
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not limited to various model years of Lexus ES, GS, LS, IS C, RX, GX, LX, IS F, CTh, RXh, GSh, and LSh product and Toyotas Sienna, Land Cruiser, and Prius product, that include anticipatory crash systems, including but not limited to Advanced Pre-Collision System and PreCollision (Crash) System, and similar systems that infringe or the use of which infringe one or more claims of the 483 Patent, all to the injury of AVS. Toyota is thus liable for infringement of the 483 Patent pursuant to 35 U.S.C. 271. 51. AVS. As a result of Toyotas infringement of the 483 Patent, Toyota has damaged

Toyota is liable to AVS in an amount to be determined at trial that adequately

compensates AVS for the infringement, which by law can be no less than a reasonable royalty. 52. AVS intends to seek discovery on the issue of willfulness and reserves the right to

seek a willfulness finding relative to pre-suit infringement and/or post-suit infringement of the 483 Patent. 53. As a result of Toyotas infringement of the 483 Patent, AVS has suffered and

will continue to suffer loss and injury unless Toyota is enjoined by this Court. 54. At least as early as its receipt of this Complaint, Toyota has had knowledge of the

483 Patent and written notice of the infringement. PRAYER FOR RELIEF WHEREFORE, Plaintiff AVS pray for the following relief: 55. A judgment in favor of AVS that Defendants have infringed, as alleged in the

above Counts, AVS 057, 776, 782, 403, and 483 patents;

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56.

A permanent injunction, enjoining Defendants along with their officers, directors,

agents, servants, employees, affiliates, divisions, branches, subsidiaries, and parents from infringing, as alleged in the above Counts, AVS 057, 776, 782, 403, and 483 patents; 57. A judgment and order requiring Defendants to pay AVS damage for their

infringement, as alleged in the above Counts, of AVS 057, 776, 782, 403, and 483 patents, together with interest (both pre- and post-judgment), costs and disbursements as fixed by this Court under 35 U.S.C. 284; 58. A judgment and order finding that this is an exceptional case within the meaning

of 35 U.S.C. 285 and awarding to AVS its reasonable attorneys fees; and 59. entitled. DEMAND FOR JURY TRIAL 60. Plaintiff demands a trial by jury of any and all issues triable of right before a jury. Respectfully submitted, /s/ Demetrios Anaipakos Demetrios Anaipakos Texas Bar No. 00793258 danaipakos@azalaw.com Amir Alavi Texas Bar No. 00793239 aalavi@azalaw.com Steven J. Mitby Texas Bar No. 24037123 smitby@azalaw.com Brian E. Simmons Texas Bar No. 24004922 bsimmons@azalaw.com AHMAD, ZAVITSANOS, ANAIPAKOS, ALAVI & MENSING, P.C. 1221 McKinney Street, Suite 3460 Houston, TX 77010
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Such other and further relief in law or in equity to which AVS may be justly

Telephone: 713-655-1101 Facsimile: 713-655-0062

T. John Ward, Jr. Texas Bar No. 00794818 jw@wsfirm.com Wesley Hill Texas Bar No. 24032294 wh@wsfirm.com WARD & SMITH LAW FIRM 111 W. Tyler Street Longview, TX 75601 Telephone: (903) 757-6400 Facsimile: (903) 757-2323
4822-6900-5840, v. 1

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