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COMPLAINT 1 CASE NO.
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Jonathan Hangartner (CSB# 196268)X-PATENTS, APC5670 La Jolla Blvd.La Jolla, CA 92037Telephone: (858) 454-4313
Facsimile: (858) [email protected]
Steven R. Daniels, CSB # 235398FARNEY DANIELS LLP800 S. Austin Ave., Suite 200Georgetown, Texas 78626Telephone: (512) 582-2828Facsimile: (512) [email protected]
Attorneys for PlaintiffPJC LOGISTICS, LLC
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
PJC LOGISTICS, LLC,
Plaintiff,
v.
TOYOTA MOTOR SALES U.S.A., INC.
Defendant.
Case No.:
COMPLAINT
Plaintiff PJC Logistics, LLC (PJC Logistics or Plaintiff), by way of its Complaint
against Defendant Toyota Motor Sales U.S.A., Inc. (Toyota or Defendant), hereby alleges as
follows:
NATURE OF THE ACTION
1. This is an action for patent infringement arising under the Patent Laws of the
United States, 35 U.S.C. 1, et seq.
'12CV0704 PORJAH
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COMPLAINT 2 CASE NO.
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THE PARTIES
2. Plaintiff PJC Logistics is a limited liability company organized under the laws of
Texas with its principal place of business at 8416 Old McGregor Road, Waco, Texas 76712.
3. Defendant Toyota is a corporation organized under the laws of California with its
principal place of business at 19001 South Western Avenue, Torrance, California 90501.
JURISDICTION AND VENUE
4. This Court has jurisdiction over the subject matter of this action under 28 U.S.C.
1331 and 1338(a). Venue is proper in this Judicial District under 28 U.S.C. 1391(b) and
1400(b).
5. Defendant Toyota has knowingly and intentionally engaged in the manufacture,
use, distribution, sale and offer for sale, and/or import of vehicle tracking and monitoring system
that infringe the patent-in-suit, as is alleged below. Defendant has knowingly and actively
contributed to infringement and/or directs, induces or instructs its agents, employees, customers,
or contracting entities to use vehicle tracking and monitoring systems that infringe the patent-in-
suit, as is alleged below. On information and belief, Defendant conducts business in this Judicia
District and has committed acts of patent infringement in this Judicial District including, inter ali
importing, making, using, offering for sale, and/or selling infringing vehicle tracking and
monitoring systems in this Judicial District.
7. Defendant has ongoing and systematic contacts with this Judicial District and the
United States. Defendant has purposefully placed vehicle tracking and monitoring systems
infringing the patent-in-suit in the stream of commerce, knowing and expecting that such produc
would be used in vehicles that operate in this Judicial District.
COUNT I INFRINGEMENT OF U.S. PATENT NO. 5,223,844
8. PJC Logistics repeats and realleges the allegations of paragraphs 1 through 7 as if
fully set forth herein.
9. On June 29, 1993, United States Patent No. 5,223,844 (hereinafter referred to as
the 844 Patent), entitled VEHICLE TRACKING AND SECURITY SYSTEM, was duly an
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COMPLAINT 3 CASE NO.
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legally issued by the United States Patent and Trademark Office. A true and correct copy of the
844 Patent is attached as Exhibit A to this Complaint.
10. PJC Logistics is the assignee and owner of the right, title, and interest in and to th
844 Patent, including the right to assert all causes of action arising under said patent and the rig
to any remedies for infringement of it.
11. Defendant Toyota has been and now is directly infringing, and/or inducing
infringement by others, and/or contributing to the infringement by others, including customers o
Toyota, of the 844 Patent in this Judicial District, and elsewhere in the United States.
Infringements by Toyota include, without limitation, making, using, offering for sale, and/or
selling within the United States, and/or importing into the United States, vehicle tracking and
monitoring systems, including at least its Lexus Safety Connect, Toyota Safety Connect, Lexus
Enform with Safety Connect and Lexus Link systems and/or related services.
12. Upon information and belief, Toyota knew or should have known that its Lexus
Safety Connect, Toyota Safety Connect, Lexus Enform with Safety Connect and Lexus Link
systems and/or related services would induce infringement by its customers. Upon information
and belief, Toyota has contributed to the infringement of the 844 Patent by engaging in such
activities knowing that its Lexus Safety Connect, Toyota Safety Connect, Lexus Enform with
Safety Connect and Lexus Link systems and/or related services are especially made or especially
adapted to be used in a manner that infringes the 844 Patent, and do not have a substantial non-
infringing use. Toyota is thus liable for infringement of the 844 Patent under 35 U.S.C. 271(a
(b) and (c).
13. Defendant has had knowledge of and/or been aware of the 844 Patent since at lea
April 5, 2011, when, in a letter sent via certified mail (to which Defendant responded), PJC
Logistics informed Defendant of its infringement of the 844 Patent and requested that Defendan
license the 844 Patent in order to mitigate its continued infringement. Thus, Defendants
infringement of the 844 Patent has been and continues to be willful and deliberate.
14. PJC Logistics has been damaged by Defendants infringing activities.
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COMPLAINT 4 CASE NO.
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JURY DEMAND
Pursuant to Rule 38 of the Federal Rules of Civil Procedure, PJC Logistics demands a tri
by jury on all issues triable as such.
PRAYER FOR RELIEF
WHEREFORE, PJC Logistics respectfully demands judgment for itself and against
Defendant as follows:
a. That this Court adjudge that Defendant has infringed the 844 Patent;
b. That this Court ascertain and award PJC Logistics damages sufficient to
compensate it for the above infringement, and that the damages so ascertained be awarded to PJC
Logistics with interest;
c. That this Court treble damages in view of the willful and deliberate nature of
Defendants infringement of the 844 Patent;
d. That this Court find this case to be exceptional and award PJC Logistics its
attorneys fees, costs, and expenses in this action;
e. That this Court order an accounting of all infringing acts including, but not limite
to, those acts not presented at trial, and award PJC Logistics damages for any such acts; and
f. That this Court award PJC Logistics such other relief as the Court may deem just
and proper.
Dated: March 22, 2012 s/ Jonathan HangartnerJonathan HangartnerX-PATENTS, APC
/s/ Steven R. Daniels
Steven R. Daniels (CSB # 235398)FARNEY DANIELS LLP
Attorneys for Plaintiff,PJC LOGISTICS, LLC
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EXHIBIT A
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