`
`Bruce D. Vargo, Esq.
`SCARPONE & VARGO LLC
`
`50 Park Place, Suite 1003
`Newark, New Jersey 07102
`Tel: (973) 623-4101
`
`Fax: (973) 623-4181
`bvargo@scarponevargo.com
`Attorneys for Plainnfi Cuozzo Speed Technologies LLC
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF NEW JERSEY
`
`CUOZZO SPEED TECHNOLOGIES
`
`LLC ,
`
`V .
`
`Plaintiff,
`
`CIV. NO. 12-c V-3623 (CCC)(JAD)
`
`CIVIL ACTION
`
`
`
`FIRST AMENDED COMPLAINT
`GARMIN INTERNATIONAL INC_;
`GARMIN USA, INC.; and CHRYSLER FOR PATENT INFRINGEMENT
`GROUP LLC,
`
`Defendants.
`
`Plaintiff Cuozzo Speed Technoiogies LLC, for its First Amended Complaint
`
`against Defendants Garmin International Inc. and Garmin USA, Inc. (collectively,
`
`“Garmin”), and Chrysler Group LLC states and alleges:
`
`PARTIES
`
`1.
`
`Plaintiff Cuozzo Speed Technologies LLC (“CST”)
`
`is a limited
`
`liability company organized under New Jersey law with a principal place of
`
`business at 14 Ver Valen St.,C1oster, New Jersey 07624.
`
`Garmin International, Inc.
`
`Exhibit 1014 . 1
`
`
`
`Case 2:12-cv-03623-CCC-JAD Document 35 Filed OBIBBI12 Page 2 of 18 Pagan): 391
`
`2.
`
`Defendant Garmin International Inc. (“Garmin International”) is a
`
`corporation organized under Kansas law with a principal place of business at 1200
`
`E. 151st Street, Oiathe, Kansas 66062. Garmin International may be served with
`
`process through its registered agent, David Ayres, i200 East 151“ Street, Olathe,
`
`Kansas 66062.
`
`3.
`
`Defendant Garmin USA, Inc.
`
`(“Garmin USA”)
`
`is a corporation
`
`organized under Kansas law with a principal place of business at 1200 E. 151st
`
`Street, Olathe, Kansas 66062. Garmin USA may be served with process through
`
`its registered agent, National Registered Agents, Inc. of NJ, I00 Canal Pointe
`
`Blvd., Suite 212, Princeton, New Jersey 08540.
`
`4.
`
`Defendant Chrysler Group LLC (“Chrysler”) is a limited liability
`
`company organized under the laws of Delaware with a principal place of business
`
`at 1000 Chrysler Drive, Auburn I-Iiiis, Michigan 48326. Chrysler may be served
`
`with process through its registered agent, The Corporation Trust Company, 820
`
`Bear Tavern Road, West Trenton, New Jersey 08628.
`
`JURISDICTION AND VENUE
`
`IJI
`
`This action arises under the patent laws of the United States, 35
`
`U.S.C. § 1, er Sega, including §27l. This Court has subject matter jurisdiction
`
`under 28 U.S.C. §§ 1331 and 1338(a).
`
`Garmin International, Inc.
`
`Exhibit 1014 - 2
`
`
`
`Case 2:12-cv—O3623-CCC-JAD Document 35 Filed 08196112 Page 8 of 1B PagelD: 396
`
`6.
`
`Venue is proper in this District under 28 U.S.C. § 1391 (b)-(c) and §
`
`1400 (13) because (1) Defendants regularly conduct business in this District and are
`
`subject t.o personal jurisdiction here; (2) a substantiai part of the events giving rise
`
`to CST’s claims occurred in this District; (3) Defendants have committed and
`
`continue to commit acts of infringement in this District; and (4) Defendants have
`
`harmed and continue to cause harm to CST in this District.
`
`GENERAL ALLEGATIONS
`
`7.
`
`On August 17, 2004, the United States Patent and Trademark Office
`
`issued United States Patent No. 6,778,074 (the ‘D74 Patent) after a full and fair
`
`examination. The ’()74 Patent is titled “Speed Limit Indicator and Method for
`
`Displaying Speed and the Relevant Speed Limit” and issued to the sole inventor,
`
`Giuseppe A. Cuozzo. A true and correct copy of the ’[)74 Patent is attached as
`
`Exhibit A.
`
`8.
`
`The ’074 Patent is presumed valid and enforceable under 35 U.S.C. §
`
`282.
`
`9.
`
`Since the ’O74 Patent issued, mobile device manufacturers, software
`
`developers, and GPS navigation system manufacturers,
`
`including Defendants
`
`Garmin USA and Garmin International, and automakers, including Chrysler brands
`
`Dodge, Jeep, and FIAT, have recognized the value of Mr. Cuozzo’s invention
`
`Garmin International, Inc.
`
`Exhibit 1014 - 3
`
`
`
`Case 2:12-CV-03523-CCC-JAD Document 35 Filed 08198112 Page 1 of 16 PagelD: 396
`
`and developed and sold products and services meeting each and every claim
`
`element or practicing each and every step of the claims of the ‘G74 Patent.
`
`10.
`
`Garmin International and Garmin USA manufacture, sell, offer to sell,
`
`import, and distribute GPS-based navigation systems that provide speed limit
`
`warnings to alert drivers that they are exceeding the speed limit.
`
`11.
`
`Chrysler imports, manufactures, sells, offers to sell, and distributes
`
`vehicles, including the FIAT 500 with the FIAT B1ue&Me navigation system, or
`
`Garmin niivi 37903" or niivi 3760T GPS—based navigation systems, which warn a
`
`driver if he or she is driving over a speed limit.
`
`12.
`
`Chrysler manufactures, sells, and distributes vehicles, including the
`
`Jeep Grand Cherokee, Dodge Journey, and Dodge Challenger with the Garmin
`
`uConnect system, which alert a driver when he or she exceeds a speed limit.
`
`13.
`
`The uConnect GPS—based navigation system is
`
`a product of
`
`collaboration between Garmin and Chrysler.
`
`14.
`
`CST owns all right, title, and interest to the ‘O74 Patent, including the
`
`exclusive right to enforce the ’074 Patent, the exclusive right to license the ’()74
`
`Patent, and the exclusive right to seek and collect all past and future monetary or
`
`injunctive relief for infringement of the ’074 Patent.
`
`Garmin International, Inc.
`
`Exhibit 1014 - 4
`
`
`
`Case 2:12—cv-03623-CCC-JAD Document 35 Filed O8I96I12 Page B of 16 PagelD: BBO
`
`INFRINGEMENT OF U.S. PATENT No. 6,778,074
`
`15.
`
`CST incorporates each of the preceding paragraphs as if fully set forth
`
`herein.
`
`16.
`
`Garmin has been and is infringing literally and/or under the doctrine
`
`of equivalents, directly, contributorily, or by inducement, the ’()74 Patent.
`
`17.
`
`Garmin directly infringes, and will continue to infringe, the ‘D74
`
`patent in violation of 35 U.S.C. § 271 by making, using, selling, offering for sale,
`
`and/or importing, without authority, products embodying one or more claims of the
`
`’074 Patent.
`
`18.
`
`Infringing Garmin products that embody at least claims 1,2, 6, 9, if),
`
`11, 12, 13, 18, 19, and 20 of the ‘O74 Patent include, without limitation, the
`
`Garmin dezl 560; nuvi 30; nuvi 40; nuvi 50 nuvi 1200 series (excluding the nuvi
`
`1200); nuvi 1300 series (excluding the nuvi 1300) nuvi 1400 series; nuvi 1690;
`
`nuvi 2200 series; nuvi 2300 series; nuvi 2400 series; nuvi 2405 series; nuvi 2505
`
`series; nuvi 3400 series; nuvi 3500 series; nuvi 3700 series; LIVE 1695; and LIVE
`
`2300 series.
`
`19.
`
`Chrysler has been and is infringing literally and/or under the doctrine
`
`of equivalents, directly, contributorily, or by inducement, the '074 Patent.
`
`20.
`
`Chrysler directly infringes, and will continue to infringe,
`
`the ’074
`
`patent in violation of 35 U.S.C. § 271 by making, using, selling, offering for sale,
`
`Garmin International, Inc.
`
`Exhibit 1014 - 5
`
`
`
`Case 2:12—cv—O3623-CCC~.JAD Document 35 Filed 08193112 Page 9 of 18 PagelD: 393
`
`and/or importing, without authority, products embodying one or more claims of the
`
`’074 Patent.
`
`21.
`
`Infringing Chrysler products that embody at least claims 1, 2, 6, 7, 8,
`
`9, 10, 11, 12, 13, 18, I9, and 20 of the ’074 Patent include, without limitation,
`
`navigation systems in FIAT 500 Sport, 500 Lounge, and 500C Cabrio Lounge
`
`vehicles such as the l3lue&Me navigation system that includes a “speeding alert"
`
`feature that will alert a driver when he or she exceeds the speed limit and FIAT
`
`500 vehicles with Garmin niivi 379OT or niivi 3'/'60T GPS—navigation systems.
`
`22.
`
`infringing Chrysler products that embody at least claims I, 2, 6, 7, 8,
`
`9, 10, ll, 12, 13, 18, 19, and 20 of the ’074 Patent also include, without limitation,
`
`the Garmin Uconnect navigation systems installed in Jeep Grand Cherokee, Dodge
`
`Journey, and Dodge Challenger vehicles for alerting a driver if he or she is
`
`exceeding a speed limit.
`
`23.
`
`Garmin and Chrysler have contributed and continue to contribute to
`
`direct infringement of the ’074 Patent by others including consumers in violation
`
`of 35 USC. § 27l(c) by providing Garmin and Chrysler customers navigation
`
`systems with speed limit warning features that are not staple articles of commerce
`
`suitable for substantial non—infringing use, are specially adapted for an infringing
`
`use of the ’074 Patent, and embody a material part of the inventions claimed in the
`
`’074 Patent. Garmin and Chrysler have had knowledge of the ‘U74 Patent as of the
`
`Garmin International, Inc.
`
`Exhibit 1014 - 6
`
`
`
`G%2 fltmnutmmtzifi H¥N1ItiO]BdI2 Ftwmafiflfimmz
`
`date of service of this lawsuit. Garmin and Chrysler actively induce consumers
`
`and others to directly infringe the ’074 Patent, in violation of 35 U.S.C. § 27103),
`
`by providing products including those listed above with instructions, user manuals,
`
`or
`
`technical
`
`assistance, actively and directly, assisting, and encouraging
`
`infringement of the ’()74 Patent, and/or by providing navigation systems having a
`
`core and common feature leading to third—party infringement of the ‘D74 Patent.
`
`24.
`
`Garmin and Chrysler committed and continue to commit these acts of
`
`infringement without license or authorization.
`
`25.
`
`Garmin contributes to infringement by car makers, including Chrysler,
`
`which make and sell GPS units that embody at least claims 1 and 10, by providing
`
`navigation components (e.g., software, hardware, or firmware) used in the GPS
`
`units. For example, Jeep Wranglers include Uconnect systems with “Garmin GPS
`
`Navigation” that includes functionality for determining when a vehicle’s speed is
`
`in violation of a speed limit at a vehicle’s location and displaying information
`
`related
`
`to
`
`the
`
`violation.
`
`See
`
`http://www.driveuco11nect.com/syste1n/
`
`2012/ieep/wrangler/t0uch430nrhb/ viewed August 2, 2012. Garmin provides to
`
`Chrysler GPS-based navigation systems having key features including speed limit
`
`warning:
`
`Garmin International, Inc.
`
`Exhibit 1014 - 7
`
`
`
`'-
`
`Uconnect Navigation
`Uconneci isiavigaiion offers customers reiiaoie. seamiess use oi what has ‘oecorne a necessary
`technology and Wrangler offers two navigation solutions. Gfilflilflg and Ciirysier Group LLC have
`teamed up to bnng eonsumenfriendiy navigation. The Garmin navigation radio is designed with
`sirripiicify in mind. with just a glance, you can get visual navigation cues white you stay focused on
`driving. Key navigation features include Lane Assist and Junction view. speed limit infomiation
`map data inciudiiig United States. Canada and Mexico and more than six rniiiion points of interest
`with the intuitive Gannin user inteiface.
`
`26.
`
`Garmin components in Chryslefs Uconnect system provide a display
`
`and waming indicating when vehicle speed exceeds the speed limit- The picture
`
`below
`
`from
`
`Dodge’s
`
`‘Website
`
`(http:f/’www.dodge.comien;'20i 2/’chargeritechnologyiuconnectf)
`
`shows
`
`the
`
`Uconnect system in a Dodge Charger that is traveling at 44 mph. in a 45 mph.
`
`speed zone.
`
`If the vehicle speed exceeds the speed limit by an amount
`
`the
`
`consumer may set, the UeonnecUGa1min system changes the color of the displayed
`
`vehicle speed to red.
`
`
`
`Garmin International, Inc.
`
`Exhibit 1014 - 3
`
`
`
`mm2 E6 H?IlE£EflCIl5‘lBM]2 |¥@2lE2£Ii'fJI1'5FF%[D):lBB-'fl.
`
`27.
`
`The components constitute material components of the GPS units that
`
`include special and generally separable features for determining when a vehicle’s
`
`speed is in violation of a speed limit at a vehicle’s location and displaying
`
`information related to the violation as recited in claims 1 and 10 of the ‘U74 patent.
`
`28.
`
`Garmin induces end users to directly infringe by performing each of
`
`the steps of claim 20. Garmin provides data accessed by end users to upload
`
`current information to a regional speed limit database. Garmin provides data to
`
`end user infringers through map purchase and map updates. Garmin advertises
`
`these products at its website at http://WWWS.garmin.com/updaternapsf. Garmin
`
`provides for Speed Limit Error Reporting to change an incorrect or nonexistent
`
`speed limit- Garmin instructs consumers how to make such database corrections at
`
`https://'support .garmin .com/support/searchSupportfcase.faces?Caseld= /o7Bo
`
`9512840—ea6l-1 lde-5887—000OO00O0()G0%7D. Garmin provides GPS units that
`
`provide speed limit alerts, and in accordance with claim 20 determine a vehicle’s
`
`location and speed, obtain a speed limit from the database, compare the 'vehicle’s
`
`speed to the speed limit, and generate a tone if the vehicle exceeds the speed limit.
`
`The GPS units include components that display which speeds are below the speed
`
`limit and which speeds are above the speed limit. Garmin provides instructions
`
`and directions to the end users for performing these steps with the GPS units
`
`provided by Garmin, with the intent that the end users perform the steps with the
`
`Garmin International, Inc.
`
`Exhibit 1014 . 9
`
`
`
`Case 2:12-cv—O3623-CCC-JAD Document 35 Filed 08.96112 Page 16 of 18 PagelD: 383
`
`GPS units. Garmin provides accused devices with Speed Limit Alert functionality.
`
`Garmin provides instructions, for example on its website, to end users to configure
`
`the devices to play an attention tone when speeding occurs. See
`
`https://supportgarmin.comisupport/searchSupport/case.faces?caseld=%7B'780629e
`
`0- l 8d7—1 leO—489e—O000O0(}0()000%7D.
`
`29.
`
`CST has incurred and will incur attorneys’ fees, costs, and expenses in
`
`the prosecution of this action. As a result of Defendants’ infringement, CST has
`
`been damaged in an amount not presently known.
`
`NOTICE OF REQUIREMENT OF LITIGATION HOLD
`
`30.
`
`Defendants are hereby notified that
`
`they are legally obligated to
`
`locate, preserve, and maintain all records, notes, drawings, documents, data,
`
`communications, materials,
`
`electronic
`
`recordings,
`
`audio/video/photographic
`
`recordings, and digital files,
`
`including edited and unedited or “raw” source
`
`material, and other information and tangible things that Defendants know, or
`
`reasonably should know, may be relevant
`
`to actual or potential claims,
`
`counterclaims, defenses, andior damages by any party or potential party in this
`
`lawsuit, whether created or residing in hard copy form or in the form of
`
`electronically stored information (hereafter collectively referred to as “Potential
`
`Evidence”).
`
`10
`
`Garmin International, Inc.
`
`Exhibit 1014 - 10
`
`
`
`Case 2:12-cv-03623-CCC-JAD Document 35 Filed 08126112 Page 15 of18 PagelD: 888
`
`31.
`
`As used above, the phrase “electronically stored information” includes
`
`without
`
`limitation: computer files (and file fragments), e-mail (both sent and
`
`received, whether
`
`internally or externally),
`
`information concerning e—mail
`
`(including but not limited to logs of e-mail history and usage, header information,
`
`and deleted but recoverable e-mails), text files (including drafts, revisions, and
`
`active or deleted word processing documents), instant messages, audio recordings
`
`and files, video footage and files, audio files, photographic footage and files,
`
`spreadsheets, databases, calendars, telephone logs, contact manager information,
`
`internet usage files, and all other information created, received, or maintained on
`
`any and all electronic andfor digital forms, sources and media, including, without
`
`limitation, any and all hard disks, removable media, peripheral computer or
`
`electronic storage devices,
`
`laptop computers, mobile phones, personal data
`
`assistant devices, Blackberry devices, iPhones, video cameras and still cameras,
`
`and any and all other locations where electronic data is stored. These sources may
`
`also include any personal electronic, digital, and storage devices of any and all of
`
`Defendants’ agents or employees if Defendants’ electronically stored information
`
`resides there.
`
`32.
`
`Defendants are hereby further notified and forewarned that any
`
`alteration, destruction, negligent loss, or unavailability, by act or omission, of any
`
`Potential Evidence may result in damages or a legal presumption by the Court
`
`ll
`
`Garmin International, Inc.
`
`Exhibit 1014 - 11
`
`
`
`Case 2:12-cv-03623-CCC-JAD Document 35 Filed 08lBBI12 Page 15 0f1B PagelD: 831
`
`and/or jury that the Potential Evidence is not favorable to Defendants’ claims
`
`and/or defenses. To avoid such a result, Defendants’ preservation duties include,
`
`but are not limited to, the requirement that Defendants immediately notify their
`
`agents and employees to halt and/or supervise the auto-delete functions of
`
`Defendants’ electronic systems and refrain from deleting Potential Evidence, either
`
`manually or through a policy of periodic deletion.
`
`PRAYER FOR RELIEF
`
`Cuozzo Speed Technologies LLC requests that judgment be entered in its
`
`favor and against Defendants, and that the Court award the following relief:
`
`A.
`
`Judgment that Defendants have infringed one or more claims of the
`
`‘D74 Patent either literally or under the doctrine of equivalents;
`
`B.
`
`Damages pursuant to 35 U.S-C. § 284 sufficient to compensate CST
`
`for Defendants’ past
`
`infringement and any continuing or future
`
`infringement and in no event less than a reasonable royalty;
`
`C.
`
`Judgment and order requiring Defendants provide an accounting and
`
`pay supplemental damages to CST, including without limitation, pre-
`
`judgment and post—judgment interest; and
`
`D.
`
`Any and all other relief to which CST may show itself to be entitled or
`
`to which this Court may deem is just and proper.
`
`12
`
`Garmin International, Inc.
`
`Exhibit 1014 - 12
`
`
`
`Case 2:12-CV-O3623—CCC-JAD Document 33 Filed 08196112 Page 13 of1B PagelD: 393
`
`DEMAND FOR JURY TRIAL
`
`Cuozzo Speed Technologies LLC demands a trial by jury on all issues so
`
`SCARPONE & VARGO LLC
`
`50 Park Place, Suite 1003
`Newark, New Jersey 07102
`Tel: (973) 623-4101
`Fax: (973) 623-4181
`bm,g0@Sca,.p0n6.,,arg0_C0m
`
`Bruce D_ Vargo
`
`triable.
`
`OF COUNSEL
`
`Cabrach J - Connor
`Jason W- Deats
`REED & SCARDINO LLP
`301 Congress Avenue, Suite 1250
`Austin, TX 78701
`
`Tel: (512) 474-2449
`
`cconnor@reedscardino .com
`jdeaI's@reedscardin0.c0m
`
`Ed Goldstein
`
`Alisa Lipski
`GOLDSTEIN & LIPSKI PLLC
`
`1 177 West Loop South, Suite 400
`Houston, TX 77027
`Tel: (713) 877-1515
`
`Fax: (713) 877-1145
`eg0Idstein@gIz'plaw.c0m
`alipsk1'@glip1aw.com
`
`Attorneys for Plaintiff Cuozzo Speed Technologies LLC
`
`Dated: Angus; 2Q 2912
`
`Garmin International, Inc.
`
`Exhibit 1014 - 13