Dennis Fernandez v. Toyota Motor et. al.

8/3/2019 Dennis Fernandez v. Toyota Motor et. al.

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COMPLAINT

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KINDRED|POSEY

(888)499-5558

Corporation, TOYOTA MOTOR

NORTH AMERICA, INC., aCalifornia Corporation, and

TOYOTA MOTOR SALES, U.S.A.,

INC., a California Corporation

Defendant,

Plaintiff Dennis Fernandez brings this action against Toyota Motor

Corporation, Toyota Motor North America, Inc., and Toyota Motor Sales, U.S.A.,

Inc., and for his causes of action alleges as follows:THE PARTIES

1. Dennis Fernandez (Fernandez) is an individual residing inCalifornia, with a business address of P.O. Box D, Menlo Park, CA 94026.

2. Toyota Motor Corporation (TMC) is, upon information and belief,a Japanese Corporation having its principal place of business at 1 Toyota-Cho,

Toyota City, Aichi Prefecture 471-8571, Japan.

3. Toyota Motor North America, Inc. (Toyota NA) is, uponinformation and belief, a wholly-owned subsidiary of TMC and is the holding

company for TMCs United States sales and manufacturing companies. Upon

further information and belief, Toyota NA is a California corporation having its

principal place of business at 19001 S. Western Avenue, Torrance, CA 90501.

Toyota NA may be served with process by serving its registered agent, CT

Corporation System at 818 W. Seventh Street, Los Angeles, CA 90017.

4. Toyota Motor Sales, U.S.A., Inc. (Toyota USA) is, uponinformation and belief, TMCs sales and marketing arm, and oversees TMC

vehicle sales, service and parts for well over 1,000 Toyota dealerships located

throughout the United States. Upon further information and belief, Toyota USA


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is a California corporation having its principal place of business at 19001 S.

Western Avenue, Torrance, CA 90501. Toyota USA may be served with process

by serving its registered agent, CT Corporation System at 818 W. Seventh Street,

Los Angeles, CA 90017.5. Throughout this Complaint, and unless specifically noted otherwise,

Defendants TMC, Toyota NA and Toyota USA are referenced collectively as the

Toyota Defendants.

THE PATENTS

U.S. Patent No. 7,374,003

6. On May 20, 2008, United States Patent No. 7,374,003, entitledTelematic Method and Apparatus with Integrated Power Source (the 003

patent) was duly and legally issued by the United States Patent and Trademark

Office. A true and correct copy of the 003 patent is attached as Exhibit A.

7. Pursuant to 35 U.S.C. 282, the 003 patent is presumed valid.8. Fernandez is the inventor and owner of the entire right, title, and

interest in the 003 patent, including the right to recover damages for past, present

and future infringement.


9. On August 18, 2009, United States Patent No. 7,575,080, entitledTelematic Method and Apparatus with Integrated Power Source (the 080


Office. A true and correct copy of the 080 patent is attached as Exhibit B.





12. On July 19, 2011, United States Patent No. 7,980,341, entitled


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Telematic Method and Apparatus with Integrated Power Source (the 341


Office. A true and correct copy of the 341 patent is attached as Exhibit C.




JURISDICTION AND VENUE

15. This action arises under the patent laws of the United States, Title 35United States Code, particularly 271 and 281. This Court has jurisdiction over

the claim for patent infringement under 28 U.S.C. 1331 and 1338(a).

16. Personal jurisdiction exists generally over the Toyota Defendantsbecause they have sufficient minimum contacts with the forum as a result of

business conducted within the State of California and within the Central District

of California. Personal jurisdiction also exists specifically over each of the

Toyota Defendants because each, directly or through subsidiaries or

intermediaries, makes, uses, sells, and offers for sale, products or services within

the State of California and within the Central District of California, that infringe

the 003 patent, the 080 patent and the 341 patent.

17. Venue is proper in this Court under Title 28 United States Code 1391(b) and (c) and 1400(b).

COUNT I: INFRINGEMENT OF U.S. PATENT NO. 7,374,003

18. The Toyota Defendants have been and are now making, using,selling, offering for sale within the United States, or importing into the United

States, hybrid vehicles, including, but not limited to the Prius II, that infringe

claim 1 of the 003 patent.

19. By so making, using, selling, offering to sell within the UnitedStates, or importing into the United States the aforementioned products, the


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Toyota Defendants have infringed and continue to infringe the 003 patent, either

literally or by equivalents, and either directly or indirectly by inducing

infringement or contributing to the infringement of the 003 patent.

20. In addition to their direct infringement of the 003 patent, the ToyotaDefendants are liable by actively inducing direct infringement by distributors,

retailers, and end-users who sell, offer for sale, purchase, and/or use the

aforementioned vehicles.

21. The Toyota Defendants acts of infringement of the 003 patent asalleged above have injured Fernandez and thus Fernandez is entitled to recover

damages adequate to compensate him for that infringement, which in no event

can be less than a reasonable royalty.

22. On October 15, 2009, Fernandez notified the Toyota Defendants, inwriting, that his patent rights in the 003 patent applied to the accused Toyota

vehicles. Despite knowledge of their infringement of the 003 patent, the Toyota

Defendants continued to infringe that patent. The Toyota Defendants therefore

willfully infringed the 003 patent.

COUNT II: INFRINGEMENT OF U.S. PATENT NO. 7,575,080


States, hybrid vehicles, including, but not limited to the Prius II, that infringe at

least claims 1 and 2 of the 080 patent.







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26. The Toyota Defendants acts of infringement of the 080 patent asalleged above have injured Fernandez and thus Fernandez is entitled to recoverdamages adequate to compensate him for that infringement, which in no event


27. On October 15, 2009, Fernandez notified the Toyota Defendants, inwriting, that his patent rights in the 080 patent applied to the accused Toyota

vehicles. Despite knowledge of their infringement of the 080 patent, the Toyota

Defendants continued to infringe that patent. The Toyota Defendants therefore

willfully infringed the 080 patent.

COUNT III: INFRINGEMENT OF U.S. PATENT NO. 7,980,341


States, hybrid vehicles, including, but not limited to the 2010 Prius, that infringe

at least claims 1, 2, 3, and 4 of the 341 patent.








31. The Toyota Defendants acts of infringement of the 341 patent asalleged above have injured Fernandez and thus Fernandez is entitled to recover

damages adequate to compensate him for that infringement, which in no event


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PRAYER FOR RELIEF

WHEREFORE, Fernandez prays for entry of judgment:A. Declaring that the Toyota Defendants have infringed the 003 patent,

one or more claims of the 080 patent, and claims 1, 2, 3, and 4 of the 341 patent.

B. That the Toyota Defendants account for and pay to Fernandez alldamages caused by the infringement of the 003, 080, and 341 patents, which by

statute can be no less than a reasonable royalty;

C. That the Toyota Defendants have willfully infringed the 003 and080 patents, and that an award of damages in the highest amount allowed by law

be assessed against the Toyota Defendants for the willful infringement.

D. That Fernandez be granted his costs, pre-judgment and post-judgment interest on the damages caused to him by reason of the Toyota

Defendants infringement of the 003, 080, and 341 patents;

E. That Fernandez be granted his attorneys fees in this action;F. That costs be awarded to Fernandez;G. That Fernandez be granted such other and further relief that is just

and proper under the circumstances.

Respectfully submitted:

November 17, 2011_________________________

Alan Kindred

Ivan PoseyKINDRED | POSEY

Matthew J.M. Prebeg

Pro Hac Vice Pending

Stephen W. Abbott


Christopher M. Faucett


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CLEARMAN |PREBEG LLP

Attorneys for Plaintiff,

Dennis Fernandez


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JURY DEMAND

Pursuant to Rule 38(b), F. R. Civ. P., plaintiff hereby demands a jury trial

on all issues triable by a jury, including those issues of DefendantsCounterclaims.

Respectfully submitted:

November 17, 2011_________________________

Alan Kindred

Ivan Posey

KINDRED | POSEY

Matthew J.M. Prebeg


Stephen W. Abbott


Christopher M. Faucett


CLEARMAN |PREBEG LLP

Attorneys for Plaintiff,Dennis Fernandez

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Exhibit C


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Dennis Fernandez v. Toyota Motor et. al.

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Transcript of Dennis Fernandez v. Toyota Motor et. al.