United States International Trade Commission Certain

UNITED STATES INTERNATIONAL TRADE COMMISSION WASHINGTON,DC

IN THE MATTER OF

CERTAIN VARIABLE VALVE ACTUATION DEVICES AND INVESTIGATIONN0. 337-TA AUTOMOBILES CONTAINING THE SAME ‘

COMPLAINT UNDER SECTION 337 OF THE TARIFF ACT OF 1930, AS AMENDED

COMPLAINANT PROPOSED RESPONDENTS

Jacobs Vehicle Systems, Inc. FCA US LLC 22 East Dudley Town Road 1000 Chrysler Drive Bloomﬁeld, CT 06002 Auburn Hills, MI 48326 860-243-1441 FCA México, S.A. de C.V. Prol. Paseo de la Reforma 1240 Desarrollo Santa Fe I México D.F.

Sata-Societil Automobilistica Tecnologie Avanzate S.p.A. Localita’ San Nic0la- Zona Industriale Snc ‘ 85025 Melﬁ Potenza ‘ Italy

Fiat Automobili Srbija D00 4, Kosovska Str. Kragujevac 34000 Serbia

Fiat Chrysler Automobiles N.V. i Fiat House . 240 Bath Road, Slough SL1 4DX United Kingdom e COUNSEL FOR COMPLAINANT

Andrew Riddles Jonathan B. Tropp Richard Brown Cecilia Zhang Stiber DAY PITNEY LLP DAY PITNEY LLP 7 Times Square One Canterbury Green New York, NY 10036 Stamford, CT 06901 Tel: 212.297.5800 Tel: 203.977.7337 Fax: 203.202.3896 Fax: 203.901.1733 [email protected] [email protected] [email protected] [email protected]

Eric TeVelde Tom M. Schaumberg DAY PITNEY LLP ' Michael L. Doane 242 Trumbull Street Asha Allam Hartford, CT 06103-1212 ADDUCI, MASTRIANI & SCHAUMBERG, LLP Tel: 860.275.0144 1133 Connecticut Avenue, NW, 12"‘Floor Fax: 860.881.2557 Washington, DC 20036 [email protected] Tel: 202.467.6300 Fax: 203.466.2006 [email protected] [email protected] [email protected]

2-. TABLE OF CONTENTS

Page

INTRODUCTION ...... A. COMPLAINANT ...... B. PROPOSED RESPONDENTS ...... THE TECHNOLOGY AND PRODUCTS-AT-ISSUE ...... THE ASSERTED PATENTS ...... A. The ‘397 Patent ...... (1) Identification of the Patent and Ownership by JVS ...... (2) Non-technical Description of the Invention of the ‘397 Patent (3) Foreign Counterparts ...... B. The "277Patent ...... (1) Identification of the Patent and Ownership by JVS ...... (2) Non-technical Description of the Invention of the '27? Patent (3) Foreign Counterparts ...... C. The ‘492 Patent ...... ;...... (1) Identification of the Patent and Ownership by JVS ...... (2) Non-technical Description of the Invention of the '492 Patent 11 (3)ForeignCounterparts 12 D. The '282 Patent ...... 12 (1) Identification of the Patent and Ownership by JVS ...... 12 (2) Non-technical Description of the Invention of the '282 Patent ...... 13 (3) Foreign Counterpalts ...... 14 E. The '738 Patent...... 14 (1) Identification of the Patent and Ownership by JVS ...... 14 (2) Non-technical Description of the Invention of the ‘738 Patent 15 (3) Foreign Counterparts ...... 16 F. The ‘276 Patent ...... ,...... 16 (1) Identification of the Patent and Ownership by JVS ...... 1 16 (2) Non-technicai Description of the Invention of the ‘276Patent 17 (3) Foreign Counterparts ...... 18 UNFAIR ACTS OF THE PROPOSED RESPONDENTS ...... 18 A. Infringement of the Asserted Patents ...... 18

_i_

©@©©\O\O‘~OOO\l\I\lO\-l>b->>-“,_.,_,,__,_,...... (1) Infringement of the '39? Patent ...... (2) Infringement of the '277 Patent ...... (3) Infringement of the ‘492 Patent ...... (4) Infringement of the '282 Patent ...... (5) Infringement of the '738 Patent ...... (6) Infringement ofthe ‘Z76Patent...... V. SPECIFIC ACTS OF UNFAIR IMPORTATION-AND SALE VI. HARMONIZED TARIFF SCHEDULE INFORMATION ...... VII. THEDOMESTICINDUSTRY A. The Technical Prong ...... B. The Economic Prong...... VIII. RELATED LITIGATION ...... IX. REQUEST FOR RELIEF ......

_ii EXHIBITS LIST

Exhibit Number Description Exhibit No Certified Copy of U.S. Patent No. 5,829,397 Exhibit No Certified Copy of U.S. Patent No. 6,474,277 Exhibit N0 Certified Copy of U.S. Patent N0. 6,883,492 Exhibit No Certified Copy of U.S. Patent No. 7,059,282 Exhibit N0 Certified Copy of U.S. Patent No.’8,776,738 Exhibit No Certified Copy of U.S. Patent No. 8,820,276 Exhibit No Certified Assignments for U.S. Patent No. 5,829,397 to JVS Exhibit N0 Certified Assignments for U.S. Patent No. 6,474,277 to JVS Exhibit No Certified Assigmnents for U.S. Patent No. 6,883,492 to JVS Exhibit No Certified Assignments for U.S. Patent No. 7,059,282 to JVS Exhibit No Certified Assignments and One Uncertified Assignmentl for U.S. Patent No. 8,776,738 to JVS Exhibit No Certified Assignments for U.S. Patent No. 8,820,276 to JVS ' Exhibit No Claim Chart Demonstrating Infringement of U.S. Patent No. 5,829,397 Exhibit No Claim Chart Demonstrating Infringement of U.S. Patent N0. 6,474,277 Exhibit No Claim Chart Demonstrating Infringement of U.S. Patent No. 6,883,492 Exhibit No Claim Chart Demonstrating Infringement of U.S. Patent No. 7,059,282 Exhibit No Claim Chart Demonstrating Infringement of U.S. Patent No. 8,776,738 Exhibit No Claim Chart Demonstrating Infringement of U.S, Patent No. 8,820,276 Exhibit No Corporate Information for FCA US LLC Exhibit No Corporate Information for FCA México, S.A. de C.V. Exhibit No Corporate Information for Fiat Chrysler Automobiles N.V. Exhibit No Corporate Information for Sata-Societa Automobilistica Tecnologie Avanzate S.p.A. Exhibit N0 Excerpts from Fiat Chrysler Automobiles N.V. F-l SEC Registration Statement Exhibit No Corporate Information for Fiat Automobili Srbija D00 Exhibit No. Overview of FCA US LLC Operations and Facility Locations Exhibit No. Specifications, Features and Manufacturing Locations of Accused Products Exhibit No. List of Fiat Authorized Dealers Exhibit N0. Photographs and documents concerning importation of Accused Products Exhibit No. Foreign counterparts for U.S. Pat. No. 5,829,397 Exhibit No. Foreign counterparts for U.S. Pat. N0. 6,474,277 Exhibit No. Foreign counterparts for U.S. Pat. N0. 6,883,492 Exhibit No. Foreign counterparts for U.S. Pat. No. 7,059,282 Exhibit N0. Foreign counterparts for U.S. Pat. N0. 8,776,738

' A certified copy of the assignment of Application Serial N0. ll/450,286 is included in Exhibit l2. An uncertified duplicate copy is provided in Exhibit l l for ease of reference. -iii Exhibit Number Description - H _ L Exhibit No. 34 Foreign counterparts for U.S. Pat. No. 8,820,276 Exhibit No. 35C CONFIDENTIAL: Photographs and Schematic Drawings of Domestic Industry Articles Exhibit No. 36C CONFIDENTIAL: Declaration of Christopher Mulhall Exhibit No. 37C CONFIDENTIAL: Declaration of Steven Emest Exhibit No. 38C CONFIDENTIAL: Claim Chart Applying U.S. Patent No. 5,829,397 to JVS products Exhibit No. 39C CONFIDENTIAL: Claim Chart Applying U.S. Patent No. 6,474,277 to JVS products Exhibit No. 40C CONFIDENTIAL: Claim Chart Applying U_S.Patent N0. 6,883,492 to JVS products Exhibit No. 41C CONFIDENTIAL: Claim Chart Applying U.S. Patent No. 7,059,282 to JVS products Exhibit No. 42C CONFIDENTIAL: Claim Chart Applying U.S. Patent No. 8,776,738 to JVS products Exhibit No. 43C CONFIDENTIAL: Claim Chart Applying U.S. Patent No. 8,820,276 to JVS products Exhibit No. 44C CONFIDENTIAL: Jacobs Vehicle Systems Software Requirements Specification for the Variable Valve Actuation System's Valve Control Unit (VCU), Spec. No. 1423 (Draft Aug. 15, 2014) Exhibit No, 45C CONFIDENTIAL: Jacobs Vehicle Systems Valve Control Unit Interface Manual for the SuperTruck VVA/Braking prototype, Specification Number 1409 (Revision 04) (December 2012)

-1v APPENDICES

Appendix Number *_ e _ _ . 1)Veiscr>ip,ti0‘n‘.h p. V p _ . Appendix 1 Certified Copy of the prosecution history of U.S. Patent No. 5,829,397 Appendix 2 Certified Copy of the prosecution history of U.S. Patent No. 6,474,277 Appendix 3 Certified Copy of the prosecution history of U.S. Patent No. 6,883,492 Appendix 4 Certified Copy of the prosecution history of U.S. Patent No. 7,059,282 Appendix 5 Certified Copy of the prosecution history of U.S. Patent No. 8,776,738 Appendix 6 Certified Copy of the prosecution history of U.S. Patent No. 8,820,276 Appendix 7 Patent and Technical References cited in Prosecution History for U.S. Patent No. 5,829,397 Appendix 8 Patent and Technical References cited in Prosecution History for U.S. Patent No. 6,474,277 Appendix 9 Patent and Technical References cited in Prosecution History for U.S. Patent No. 6,883,492 Appendix IO Patent and Technical References cited in Prosecution History for U.S. Patent No. 7,059,282 Appendix 1l Patent and Technical References cited in Prosecution History for U.S. Patent No. 8,776,738 ' Appendix l2 Patent and Technical References cited in Prosecution History for U.S. Patent No. 8,820,276 ’

-V_ I. INTRODUCTION

1. This Complaint is ﬁled by Jacobs Vehicle Systems, Inc. ("JVS" or

"C0mplainant"), pursuant to Section 337 of the Tariff Act of 1930, as amended, 19 U.S.C.

§ 1337 ("Section 337"), against the proposed Respondents FCA US LLC, FCA Mexico, S.A. de

C.V., Sata-Societa Automobilistiea Teenologie Avanzate S.p.A.,Fiat Automobili Srbija Doo, and

Fiat Chrysler Automobiles N.V. (collectively, the "Proposed Respondents"). JVS respectﬁilly requests that the United States International Trade Commission (the "Commission") institute an investigation relating to the unlawful sale for importation into the United States, importation into the United States, and/or the sale within the United States after importation by Proposed

Respondents of certain variable valve actuation ("VVA") devices and automobiles containing the same‘ (collectively referred to as the "Accused Products") that infringe one or more valid and enforceable claims of United States Patent No. 5,829,397 ("the ‘397 patent"); United States

Patent No. 6,474,277 ("the ‘277 patent"); United States Patent No. 6,883,492 ("the 492 patent");

United States Patent No. 7,059,282 ("the '282 patent"); United States Patent No. 8,776,738 ("the

‘738 patent"); and United States Patent N0. 8,820,276 (“the '276 patent") (collectively, "the

Asserted Patents") owned by JVS.

2. Proposed Respondents have violated and continue to violate Section 337 through the sale for importation, importation and/or the sale within the United States after importation of the Accused Products. The Accused Products include the Jeep Renegade and various models of the Fiat S00, including the Fiat 500, Fiat SOOX,and Fiat 500L, containing MultiAir® VVA technology engines. 3. The Proposed Respondents’ VVA devices and automobiles containing the same infringe, directly or indirectly, at least the following claims of the Asserted Patents (collectively,

"the Asserted Claims"):

1i Patent 5,329,397 Number ,i 32 33 _,AssertediC‘laims. P . 6,474,277 ' 36 | 6,833,492 38, 39-42, 44, 45 7,059,232 1,4,10,13, 15-18,25, 27-30 ~ 8,776,733 1, 3, 5, 6-7, 13-22, 31, 35-50, 53-56 8,320,276 1, 2-10, 17, 19-23, 26-23 ‘

4. A domestic industry exists and/or is in the process of being established, as required and defined by 19 U.S.C. § l337(a)(2)-(3), by virtue of JVS's significant investment in plant and equipment; significant employment of labor or capital; and substantial investment in the exploitation of the Asserted Patents, including manufacturing, engineering and research and development, and licensing efforts relating to J\/S's VVA technology, including various JVS products and prototypes, collectively referenced herein as the "Domestic Industry Articles." See

Conﬁdential Exhibit Nos. 35C-37C.

5. To remedy Proposed Respondents’ continuing and unlawful violation of Section

337, JVS seeks, as relief, a permanent limited exclusion order, pursuant to 19 U.S.C. § 1337(d), barring from entry into the United States all infringing VVA devices and automobiles containing the same that are sold for importation into the United States, imported or sold within the United

States after importation by the Proposed Respondents. JVS also seeks, as relief, 'a permanent cease and desist order, pursuant to 19 U.S.C. § l337(t) prohibiting the Proposed Respondents from engaging in the importation and/or the sale within the United States after importation of

VVA devices and automobiles containing the same-that infringe one or more claims of the

Asseited Patents. Further, JVS requests that the Commission impose a -bondupon Proposed

I -2 Respondents‘ importation of VVA devices and automobiles containing the same during the 60 day Presidential review period, pursuant to 19 U.S.C. § 1337(j).

A. COMPLAINANT

6. Jacobs Vehicle Systems, Inc. is a U.S. corporation incorporated under the laws of

Delaware with its principal place‘ of business at 22 East Dudley Town Road, Bloomﬁeld,

Connecticut 06002.

7. Since JVS was founded in 1960, JVS has designed, developed, manufactured, sold, licensed, and supported commercial vehicle retarding and valve actuation technologies for engine manufacturers in the United States, Asia and Europe. JVS is a well-established industry innovator and leader in engine component manufacturing, trusted by the world's best known engine manufacturing brands.

8. JVS‘s engine component products are groundbreaking and well-recognized around the world and have enjoyed tremendous commercial success and consistent acclaim.

Additional information about JVS is available on its website: http://www.iacobsvehiclesystems.com/.

9. JVS's innovative and commercially successful products are the results of its long time, substantial investment in the research, development, engineering, design and licensing and sales of cutting-edge engine components, such as its renowned "Jake Brake" compression release engine brake. See Conﬁdential Exhibit Nos. 36C-37C.

10. JVS has made signiﬁcant investments in plant and equipment, and employment of labor and capital, in the manufacture, research, development, engineering, and design of, and attempts to license, VVA devices. JVS continually invests in research and development, leading

_3_ to numerous patents, to ensure highly effective and reliable products. See Conﬁdential Exhibit

Nos. 36C-37C.

11. Throughout its existence, JVS has maintained its commitment to innovation, quality, perfonnance, and excellent customer service. The inventions covered by the Asserted

Patents arose out of the inventors‘ recognition of the unique technical problems associated with high performance VVA in lost motion systems in engine valve trains of internal combustion engines of the type commonly used in automobiles and trucks. ’

12. To protect its investments, JVS has sought patent protection, and owns many patents and patent applications. Because JVS invests heavily in research and development, and because JVS has built its reputation on designing superior products incorporating innovative technology, JVSi‘s continued success depends, in substantial part, on its ability to establish, maintain, and protect its proprietary technology through enforcement of its patent rights.

B. PROPOSED RESPONDENTS

13. On information and belief, Proposed Respondent FCA US LLC, formerly known as Chrysler Group, LLC ("FCA US") is a wholly-owned subsidiary of Proposed Respondent Fiat

Chrysler Automobiles N.V. ("FCA"), incorporated under the laws of Delaware with its principal place of business at 1000 Chrysler Drive, Auburn Hills, Michigan 48326. Exhibit N0. 19 &

Exhibit N0. 23.

l4. On information and belief, FCA Mexico, S.A. de C.V. ("FCA Mexico") is a wholly-owned subsidiary of Respondent FCA, organized and existing under the laws of Mexico and having a principal place of business at Prol. Paseo de la Reforma 1240, Desarrollo Santa Fe,

Mexico D.F. Exhibit N0. 20 & Exhibit N0. 23.

-4 15. On information and belief, Sata-Societa Automobilistica Tecnologie Avanzate

S.p.A. ("SATA") is a wholly-owned subsidiary of Proposed Respondent FCA organized and existing under the laws of Italy and having a principal place of business at Localita' San Nicola

Zona Industriale Snc, 85025 Melﬁ Potenza, Italy. Exhibit N0. 22 & Exhibit N0. 23.

16. On information and belief, Fiat Automobili Srbija Doo ("Fiat Serbia")is a subsidiary of Proposed Respondent FCA organized and existing under the laws of Serbia and having a principal place of business at 4 Kosovska Str., Kragujevac 34000, Serbia. Exhibit No.

23 & Exhibit No. 24. "

17. On information and belief, Proposed Respondent FCA is organized under the laws of the Netherlands with a principal place of business at Fiat_House, 240 Bath Road, Slough SL1

4DX, United Kingdom. Exhibit No. 21 & Exhibit N0. 23.

18. On information and belief, Proposed Respondents develop, manufacture, market, and sell the Accused Products. Exhibit Nos. 25-28. On information and belief, the Proposed

Respondents sell the Accused Products for importation into the United States, import the

Accused Products into the United States and further offer the Accused Products for sale in the

United States after importation through their network of authorized dealers throughout the

United States. Exhibit Nos. 25-28. On further information and belief, the Proposed

Respondents FCA, FCA US and/or SATA sell for importation, import and/or sell after importation at least the infringing Fiat 500X and Jeep Renegade vehicles from Italy. Further,

Proposed Respondents FCA, FCA US and/or FCA Mexico sell for importation, import and/or sell after importation at least the infringing Fiat 500 from Mexico. Still further, Proposed

Respondents FCA, FCA US, and/or FCA Serbia sell for importation, import and/or sell after importation at least the infringing Fiat SOOLfrom Serbia. Exhibit No. 26 contains listings of the

-5 speciﬁcations and features of various Accused Products taken from FCA US's media website at http://www.media.chrysler.com/homepage.do;jsessionid=46C193F3159707E521BEA2434E8DE

77F? (last accessed March 6, 2015). The ﬁrst page of each Accused Product's Speciﬁcations includes, under "General Infonnation," the Assembly Plant of the vehicle (e.g., for the Fiat 500,

Toluca, Mexico). Exhibit No. 26 at 1 (Fiat 500 & SO00 (Toluca, Mexico)), at 19 (Fiat 500

Abarth & 500 Abarth Cabrio (Toluca, Mexico)), at 31 (Fiat SOOL(Kragujevac, Serbia)), at 47

(Fiat SOOX (Melﬁ, Italy)), and at 63 (Jeep Renegade (Melﬁ, Italy)). Below the General

Information, each set of product Speciﬁcations also speciﬁes the engine (e.g., for the Fiat SOOX, either the 1.4-Liter Turbocharged MultiAir I-4 or the 2.4-Liter MultiAir2 Tigershark; Exhibit

No. 26 at 47-48).

II. THE TECHNOLOGY AND PRODUCTS-AT-ISSUE

19. The technology-at-issue relates to electrohydraulic variable lost motion valve actuation, also known as variable valve actuation (“VVA"). In traditional internal combustion engines, combustion chamber valves, such as intake and exhaust valves, have fixed opening and closing times that are controlled by a fixed profile camf VVA allows for an adjustment of valve timing and lift based on different engine conditions and demands. The technology-at-issue incorporates a "lost motion" device in the valve train linkage between the valve and the cam.

Lost motion involves modiﬁcation of the valve motion controlled by the cam proﬁle with a variable length device included in the valve train linkage between the cam and the engine valve.

The modiﬁed valve motion results in a more efficient valve schedule and improved engine function and fuel efﬁciency.

20. The Proposed Respondents’ Accused Products include, for example, various models of the Fiat 500 and the Jeep Renegade equipped with engines incorporating the infringing

MultiAir VVA engine components. These engines include, at least, the Fiat 1.4L MultiAir Fully -6 \ Integrated Robotized Engine ("FIRE") and the 2.4L Tigershark MultiAir Engine. Examples of the Accused Products are listed below and described in the attached claim charts, see infra

Section IV. Photographs of certain examples of the Accused Products are also attached as

Exhibit N0. 28. The Accused Products are imported and/or sold within the United States by or on behalf of the Proposed Respondents. Exhibit Nos. 25-28. Through the discovery process, it may be revealed that additional products of the Proposed Respondents also use the VVA technology-at-issue and should be included in this investigation.

21. JVS uses its proprietary VVA technology-at-issue in its 1\/[X13 engine brake product installed on trucks manufactured by DAF Trucks NvV4’a subsidiary of PACCAR, Inc., as well as by PACCAR North America, and in various valve actuation systems under consideration for installation in certain engine designs. These systems under consideration include both a JVS Light Duty VVA prototype and a Super Truck VVA/Braking prototype.

III. THE ASSERTED PATENTS

22. JVS owns by assignment the entire right, title, and interest in each of the Asserted

Patents. As of the date hereof, JVS has not granted any licenses to the Asserted Patents.

A. The '397 Patent

(1) Identiﬁcation of the Patent and Ownership by JVS

23. JVS owns by assignment the entire right, title, and interest in the '397 patent entitled "System and Method for Controlling the Amount of Lost Motion Between an Engine

Valve and a Valve Actuation Means," which issued on November 3,1998. A certiﬁed copy of the '397 patent accompanies this complaint as Exhibit N0. 1. The '397 patent issued from U.S.

Patent Application Serial No. O8/701,451, ﬁled on August 22, 1996. This patent application claims priority to Application Serial No. 08/512,528, ﬁled on August 8, 1995. The inventors of the '397 patent, Joseph Vorih and Haoran Hu, assigned to Diesel Engine Retarders, Inc., all right,

. -7 title, and interest in the invention disclosed and claimed in the '397 patent. Exhibit N0. 7.

Diesel Engine Retarders, Inc., inturn, assigned all right, title, and interest in the invention disclosed and claimed in the '397 patent to JVS. Exhibit N0. 7. The '397 patent remains in full force and effect.

24. Pursuant to Commission Rule 2lO.l2(c), this Complaint is accompanied by a certiﬁed copy of the prosecution history for the '397 patent and three additional copies of the prosecution history. Appendix No. 1. Four copies of each reference document mentioned in the prosecution history accompany this Complaint. Appendix N0. 7. _

(2) Non-technical Description of the Invention of the '397 Patentz

25. The '397 patent is generally directed to a system and method of adjusting engine valve timing and lift. Valve motion is nonnally determined by the cam proﬁle, but the inventions claimed in the '397 patent hydraulically vary the amount of motion imparted by the cam to the valve.

26. To hydraulically vary the motion imparted by the cam, the invention provides hydraulic fluid to a chamber of a variable length tappet. The hydraulic ﬂuid can be selectively bled from the chamber decreasing the length of the tappet. The decreased tappet length results in only a selected portion of the cam motion being transmitted to the valve. Bleeding of the hydraulic ﬂuid may occur one or more times per cycle of the engine and independent of the position ofthe cam.

2 The text of this Complaint and the sections providing non-technical descriptions of the Asserted Patents are not intended to construe either the speciﬁcation or the claims of the Asserted Patents. -3 (3) Foreign Counterparts

27. The foreign counterpart patents and/or applications to the ‘397 Patent are listed in

Exhibit N0. 29. Apart from those listed, there are no other foreign patents or foreign patent applications pending, ﬁled, abandoned, Withdrawn or denied relating to the '397 Patent.

B. The '277 Patent

(1) Identiﬁcation of the Patent and Ownership bv JVS p

28. JVS owns by assignment the entire right, title, and interest in the '277 patent entitled "Method and Apparatus for Valve Seating Velocity Control," which issued on November

5, 2002. A certiﬁed copy ofthe ‘277 patent accompanies this complaint as Exhibit No. 2. The

'277 patent issued from U.S. Patent Application Serial No. 09/663,415, ﬁled on September 15,

2000. This patent application claims priority to a provisional application, Serial No. 60/154,472,

ﬁled on September 17, 1999, which in tum claims priority to a provisional application, Serial

No. 60/154,035, ﬁled on September 16, 1999. The inventors of the '277 patent, Richard

Vanderpoel and John A. Schwoerer , assigned to Diesel Engine Retarders, ~Inc.,all right, title, and interest in the invention disclosed and claimed in the '277 patent. Exhibit N0. 8. Diesel

Engine Retarders, Inc., in tum, assigned all right, title, and interest in the invention disclosed and claimed in the '277 patent to JVS. Exhibit N0. 8. The '277 patent remains in full force and effect.

29. Pursuant to Commission Rule 2lO.12(c), this Complaint is accompanied by a certiﬁed copy of the prosecution history for the '277 patent and three additional copies of the prosecution history. Appendix No. 2. Four copies of each reference document mentioned in the prosecution history accompany this Complaint. Appendix No. 8.

-9 (2) Non-technical Description of the Invention of the '277 Patent

30. The '277 patent is generally directed to the control of valve seating velocity.

Engine valves are required to open and close very quickly, requiring the valve spring to be very stiff. In fact, when the valve closes, it may impact the valve seat with such force that the valve or valve seat may erode, be subjected to structural damage, or even break.

31. The valve catch claimed in the ‘277 patent is designed to land a hydraulically operated engine valve more softly on its valve seat (i.e. in a controlled manner). To do so, the velocity of the engine valve is controlled by progressively throttling the release of hydraulic fluid from a hydraulic chamber.

32. As the valve approaches the seat, the hydraulic pressure in the chamber increases, causing a force to be generated that opposes the closing motion of the valve, ultimately resulting in a decreased valve seating velocity and thus less risk of damage.

(3) Foreign Counterparts

33. The foreign counterpart patents and/or applications to the '277 Patent are listed in

Exhibit No. 30. Apart from those listed, there are no other foreign patents or foreign patent applications pending, ﬁled, abandoned, withdrawn or denied relating to the '277 Patent.

C. The '492 Patent

(1) Identiﬁcation of the Patent and Ownership bv JVS

34. JVS owns by assignment the entire right, title, and interest in, the '492 patent entitled "Compact Lost Motion System for Variable Valve Actuation," which issued on April 26,

2005. A certified copy of the '492 patent accompanies this complaint as Exhibit No. 3. The ‘492 patent issued from U.S. Patent Application Serial No. 10/408,254, filed on April 8, 2003. This patent application claims priority to a provisional application, Serial No. 60/370,249, filed on

_1()_ April 8, 2002. The inventors of the '492 patent, Richard Vanderpoel, John A. Schwoerer, Jeffrey

Mossberg and Shengqiang Huang, assigned to Diesel Engine Retarders, Inc., all right, title, and interest in the invention disclosed and claimed in the '492 patent. Exhibit No. 9. Diesel Engine

Rctarders, Inc., in turn, assigned all right, title, and interest in the invention claimed in the '492 patent to JVS. Exhibit N0. 9. The ‘492patent remains in full force and effect}

35. Pursuant to Commission Rule 2l0.l2(c), this Complaint is accompanied by a certiﬁed copy of the prosecution history for the '492 patent and three additional copies of the prosecution history. Appendix N0. 3. Four copies of each reference document mentioned in the prosecution history accompany this Complaint. Appendix No. 9. "

(2) Non-technical Description of the Invention of the '492 Patent

36. The '492 patent generally relates to a VVA system that controls the operation of at least one engine valve. This system incorporates a valve train linkage between the valve and the cam that is used to modify the valve motion. 37. The cam imparts motion through the valve train linkage, acting on a master piston hydraulically linked to a slave piston, which in turn acts on one or more engine valves. The master piston bore and the slave piston bore are in ﬂuid communication to enable the cooperative action between the master and slave pistons.

3 On April 23, 2014, JVS filed an application, No. l4/260,250 (the "'250 application"), to reissue the '492 patent. Following entry of preliminary amendments, all 56 claims of the '492 Patent remain pending in the '25O application in their original forms, along with 27 additional claims. By Office Action dated March 3, 2015, the examiner rejected all claims in the '25O application because of an asserted defect in the reissue declaration. No substantive defects, however, were noted in the claims. JVS anticipates that, following submission of a new reissue declaration, all claims in the '250 application will be allowed. Upon the grant of the patent sought by the '250 application, the '492 Patent will be automatically surrendered.» 37 C.F.R. § l.l78. Accordingly, JVS intends to move at that time to amend its Complaint to substitute all appropriate allegations under the reissued patent. _ -11 38. A trigger valve may be used to selectively release and add hydraulic fluid to the circuit in order to enable different valve durations and lifts for enhanced engine performance.

(3) Foreign Counterparts "

39. The foreign counterpart patents and/or applications to the '492 Patent are listed in

Exhibit No. 31. Apart from those listed, there are no other foreign patents or foreign patent applications pending, ﬁled, abandoned, withdrawn or denied relating to the '492 Patent.

D. The '282 Patent

(1) Identiﬁcation of the Patent and Ownership by JVS

40. JVS owns by assignment the entire right, title, and interest in the ‘282 patent entitled "Variable Lost Motion Valve Actuator and Method," which issued on June 13, 2006. A certified copy of the '282 patent accompanies this complaint as Exhibit No. 4. The '282 patent issued from U.S, Patent Application Serial No. 10/251,748, filed on September 23, 2002. This patent application is a Division of Application Serial No. 09/749,907, filed on December 29,

2000, which is a Continuation-in-part of Application Serial No. 09/594,791, ﬁled on June 16,

2000, which is a Continuation of Application Serial No. 09/209,486, ﬁled on December 11,

1998, which claims priority from a provisional application, Serial No. 60/069,270, ﬁled on

December ll, 1997. The inventors of the '282 patent, Joseph M. Vorih, Jeffrey Mossberg,

Richard Vanderpoel, Steven Ernest, Guy Paterson, John A. Schwoerer and Edward T.

Leitkowski, assigned to Diesel Engine Retarders, Ine., all right, title, and interest in the invention disclosed and claimed in the '282 patent. Exhibit No. 10. Diesel Engine Retarders, Ine., in turn, assigned all right, title, and interest in the invention claimed in the '282 patent to JVS. Exhibit

No. 10. Inventors Andrew Brzoska and Gheorge Cosma assigned directly to JVS, all right, title,

_12_ and interest in the invention disclosed and claimed in the '282 patent. Exhibit N0. 10. ‘The '282 patent remains in full force and effect.

41. Pursuant to Commission Rule 2lO.l2(c), this Complaint is accompanied by a certified copy of the prosecution history for the '282 patent as it now exists and three additional copies of the prosecution history. Appendix N0. 4. On June 23, 2005, a petition was filed requesting that the United States Patent and Trademark Office add inventors Andrew Brzoska and Gheorghe Cosma to the application. This petition was granted and a corrected filing receipt was issued on September l, 2005. However, inventors Andrew Brzoska and Gheorge Cosma were not listed on the issued patent. Accordingly, on February 6, 2015, JVS filed a Request for

Certiﬁcate of Corrections under [37] CFR 1.323. After that request has been granted,

Complainant will submit new certiﬁed copies of the '282 patent and its prosecution history. Four copies of each reference document mentioned in the prosecution history accompany this

Complaint. Appendix N0».10. '

I -(2) Non-technical Description of the Invention of the '282 Patent

42. The '282 patent is generally directed to a VVA system that controls the operation of at least one engine valve. This system incorporates a hydraulic valve train linkage between the valve and the cam that modiﬁes the motion of an engine valve. '

43. This system further incorporates a trigger valve that selectively releases or adds hydraulic ﬂuid to the hydraulic valve train linkage, which in turn allows the system to lose motion input from the cam as applied to the targeted engine valve(s) or to impart additional input motion from the cam to the valve(s). The amount of hydraulic ﬂuid determines the amount of lost motion, i.e., how much motion input from the cam is lost or additionally imparted to the targeted engine valves.

-13_ 44. It is fundamental to the operation of certain claimed embodiments that different engine parameters are measured or detected, such as engine mode, load and speed, as well as the current temperature and/or viscosity of an engine ﬂuid. These engine parameters may inform an appropriate timing modiﬁcation of the trigger valve and the subsequent actuation of the engine valve.

(3) Foreign Counterparts .

45. The foreign counterpart patents and/or applications to the '282 Patent are listed in

Exhibit N0. 32. Apart from those listed, there are no other foreign patents or foreign patent applications pending, ﬁled, abandoned, withdrawn or denied relating to the '282 Patent. .

E. The '738 Patent

(1) Identiﬁcation of the Patent and Ownership by JVS

46. JVS owns by assignment the entire right, title, and interest in the '738 patent entitled "Variable Lost Motion Valve Actuator and Method," which issued on July 15, 2014. A certified copy of the_‘738 patent accompanies this complaint as Exhibit N0. 5. The ‘738 patent issued from U.S. Patent Application Serial No. 14/139,308, filed on December 23, 2013. This patent application is a Continuation of Application Serial No. 13/021,531, filed on February 4,

2011 (now the '276 patent), which is a Continuation of Application Serial No. 11/450,286, ﬁled on June 12, 2006, which is a Continuation-in-part of Application Serial No. 10/251,748, ﬁled

September 23, 2002 (now the ‘282 patent), which is a Division of Application Serial No.

09/749,907, ﬁled on December 29, 2000, which is a Continuation-in-part of Application Serial

No. 09/594,791, ﬁled on June 16, 2000, which is a Continuation of Application Serial No.

09/209,486, ﬁled on December ll, 1998, which claims priority from a provisional application,

Serial No. 60/069,270, ﬁled on December 11, 1997. The inventors of the '738 patent, Joseph M.

_14_ Vorih, Jeffrey Mossberg, Richard Vanderpoel, Steven Ernest, Guy Paterson, John A. Schwoerer and Edward T. Leitkowski, assigned to Diesel Engine Retarders, Inc., all right, title, and interest

4 in the invention disclosed and claimed in the ‘738 patent. Exhibit No. 11. Diesel Engine

Retarders, Inc., in tum, assigned all right, title, and interest in the invention claimed in the '738 patent to JVS. Exhibit N0. 11. Inventors Andrew Brzoska and Gheorge Cosma assigned directly to JVS, all right, title, and interest in the invention disclosed and claimed in the ‘738 patent. Exhibit N0. 11. Richard Vanderpoel, Guy Patterson, Zhou Yang, David Waldburger and Brian Ruggiero, listed as inventors on U.S. Patent No. 7,882,810 (11/450,286, ﬁled on June

12, 2006), to which the ‘738 patent claims priority, assigned directly to JVS, all right, title and interest in the invention disclosed and claimed in U.S. 7,882,810. Exhibit N0. 11. The '738 patent remains in full force and effect.

_ 47. Pursuant to Commission Rule 21O.12(c), this Complaint is accompanied by a certiﬁed copy of the prosecution history for the '738 patent and three additional copies of the prosecution history. Appendix No. 5. Four copies of each reference document mentioned in the prosecution history accompany this Complaint. Appendix N0. ll.

(2) Non-technical Description of the Invention of the '738 Patent

48. The '738 patent generally relates to a VVA system that controls the operation of at least one engine valve. This system incorporates a hydraulic valve train linkage between the valve and the cam that modiﬁes the motion of an engine valve.

49. In this system, the cam imparts motion through the hydraulic valve train linkage, acting on a master piston hydraulically linked to a slave piston, which in turn acts on one or more engine valves. This system further incorporates multiple solenoid valves that are hydraulically

4 A certified copy of the assignment of Application Serial No. 1'1/450,286 is included in Exhibit 12. An uncertified duplicate copy is provided in Exhibit 11 for ease of reference. -15- I linked to the system, each solenoid having at least one dedicated accumulator for holding a supply of hydraulic fluid. These components selectively release or add hydraulic fluid to the system. _

50. Valve motion is normally determined by the cam proﬁle, and the invention claimed in the '738 patent is able to vary the amount of motion imparted by the cam to the valve.

The amotmt of hydraulic ﬂuid determines the amount of lost motion that occurs; i.e., how much motion input from the cam is lost or imparted to the targeted engine valve(s).

51. It is fundamental to the operation of certain claimed embodiments that different engine parameters, such as engine mode, engine load, speed, temperature, are detected by sensors and processed by a controller. The controller processes its inputs and modiﬁes the valve actuation accordingly.

(3) Foreign Counterparts

52. The foreign counterpart patents and/or applications to the '738 Patent are listed in

Exhibit N0. 33. Apart from those listed, there are no other foreign patents or foreign patent applications pending, ﬁled, abandoned, withdrawn or denied relating to the '738 Patent.

F. The '276 Patent

(1) Identiﬁcation of the Patent and Ownership bv JVS

V 53. JVS owns by assignment the entire right, title, and interest in the '276 patent entitled "Variable Lost Motion Valve Actuator and Method," which issued on September 2,

2014. A certiﬁed copy ofthe ‘276patent accompanies this complaint as Exhibit No. 6. The '276 patent issued from U.S. Patent Application Serial No. 13/021,531, ﬁled on February 4, 2011.

This patent application is a Continuation of Application Serial No. 11/450,286, ﬁled on June 12,

2006, which is a Continuation-in-part of Application Serial No. 10/251,748, ﬁled September 23,

-16 2002 (now the '282 patent), which is a Division of Application Serial N0. 09/749,907, ﬁled on

December 29, 2000, which is a Continuation-in-part of Application Serial No. 09/594,791, ﬁled on June 16, 2000, which is a Continuation of Application Serial No. 09/209,486, ﬁled on

December ll, 1998, which claims priority from a provisional application, Serial No. 60/069,270,

ﬁled on December 11, 1997. The inventors of the ‘276 patent, Joseph M. Vorih, Jeffrey

Mossberg, Richard Vanderpoel, Steven Emest, Guy Paterson, John A. Schwoerer and Edward T.

Leitkowski, assigned to Diesel Engine Retarders, Inc., all right, title, and interest in the invention disclosed and claimed in the '276 patent. Exhibit N0. 12. Diesel Engine Retarders, _Inc.,in turn, assigned all right, title, and interest in the invention claimed in the '276 patent to JVS. Exhibit

N0. 12. Inventors Andrew Brzoska and Gheorge Cosma assigned directly to JVS, all right, title, and interest in the invention disclosed and claimed in the '276 patent. Exhibit N0. 12. Richard

Vandeipoel, Guy Patterson, Zhou Yang, David Waldburger and Brian Ruggiero, listed as inventors on U.S. Patent No. 7,882,810 (11/450,286, ﬁled on June 12, 2006), to which the '276 patent claims priority, assigned directly to JVS, all right, title and interest in the invention disclosed and claimed in U.S. 7,882,810. Exhibit N0. 12. The '276 patent remains in full force and effect.

54. Pursuant to Commission Rule 2l0.12(c), this Complaint is accompanied by a certiﬁed copy of the prosecution history for the '276 patent and three additional copies of the prosecution history. Appendix N0. 6. Four copies of each reference document mentioned in the prosecution history accompany this Complaint. Appendix N0. 12.

(2) Non-technical Description of the Invention of the '276 Patent

55. The ‘276 patent is generally directed to a VVA system that controls the operation of at least one engine valve. The system includes a hydraulic valve train linkage between the

-17 valve and the cam that is able to modify the motion of an engine valve. In this system, the cam imparts motion through the hydraulic valve train linkage, acting on a master piston hydraulically linked to a slave piston, which in turn acts on one or more engine valves. This system further incorporates a solenoid valve in hydraulic communication with the hydraulic linkage and a controller configured to selectively activate the solenoid. These components selectively release hydraulic fluid from or add hydraulic fluid to the system, allowing for modification of the amount of lost motion of the engine valve from that imparted by the cam.

56. It is fundamental to the operation of the invention that the controller is conﬁgured to selectively actuate the solenoid trigger valve in response to certain inputs, including temperature near the hydraulic system, engine load, engine operating mode and engine speed.

(3) Foreign Counterparts

57. The foreign counterpart patents and/or applications to the '276 Patent are listed in

Exhibit No. 34. Apart from those listed, there are no other foreign patents or foreign patent applications pending, ﬁled, abandoned, withdrawn or denied relating to the '276 Patent.

IV. UNFAIR ACTS OF THE PROPOSED RESPONDENTS I

A. Infringement of the Asserted Patents

58. On information and belief, Proposed Respondents sell for importation into the

United States, import into the United States and/or sell within the United States after importation certain VVA devices and automobiles containing the same that infringe one or more of the

Asserted Patents. The Proposed Respondents have actual notice of their infringement of the

Asserted Patents at least by service of this Complaint. Further, on March 9, 2015, JVS commenced litigation in the United States District Court for the District of Comiecticut against

Respondent FCA US LLC for infringement of each of the Asserted Patents. Still further, JVS identiﬁed each of the '282, '492, '397, and '277 patents to Proposed Respondent FCA US in

_1g_ numerous written and oral communications before ﬁling suit, and JVS identiﬁed the applications that issued as the '276 and '738 patents to FCA US in written communications as well. Proposed

Respondents are corporate afﬁliates of one another. Accordingly, on information and belief, all

Proposed Respondents are and have been aware of all of the Asserted Patents since before the

ﬁling of this Complaint. ‘ ._

59. On information and belief, the Accused Products are manufactured and/or assembled in at least Mexico, Serbia and Italy by the Proposed Respondents. Exhibit Nos. 25

26. On information and belief, the Accused Products are imported into the United States and/or sold after importation into the United States. Exhibit Nos. 25-28. On October 17, 2014,

Complainant purchased a Fiat 500 automobile from Valenti Fiat in Hartford, Connecticut. The vehicle has a door jamb sticker that says "VEHICLE MADE IN MEXICO." The sticker further says that the vehicle was manufactured by Chrysler Group LLC, which, on infonnation and belief, changed its name to FCA US‘LLC in December 2014. Exhibit N0. 28. On information and belief, during January 12-25, 2015, a pair of Jeep Renegade vehicles was on display at the

2015 North American International Auto Show in Detroit, Michigan. On information and belief, the Jeep Renegade vehicle is manufactured in Italy and so was imported for exhibition at the

North American International Auto Show. Exhibit N0. 28. On information and belief, at least one 2016 Fiat SOOXvehicle was exhibited during November 18-30, 2014, at the 2014 Los

Angeles Auto Show and during January 12-25, 2015, at the 2015 North American International

Auto Show in Detroit. On information and belief, the Fiat SOOXis manufactured in Italy and so was imported for exhibition at the Los Angeles Auto Show and North American International

Auto Show. Exhibit N0. 28. On information and belief, the Fiat 50OL is offered for sale throughout the U.S. by Proposed Respondents‘ network of dealers and on the Internet. For

-19 example, the Fiat SOOLis offered for sale by Valenti Fiat in Hartford, Connecticut. Exhibit

No. 28. On information and belief, the Fiat SOOLis manufactured in Serbia and so is imported for sale. On further information and belief, Jeep Renegade and Fiat SOOXvehicles will soon be sold Nationwide throughout the U.S. through Proposed Respondents’ network of authorized dealers. Exhibit No. 27 & Exhibit N0. 28.

60. For each Asserted Patent, JVS asserts at least one device or apparatus claim or method claim against the Accused Products. Further, the Accused Products have no non infringing use. Thus, on information and belief, the Proposed Respondents infringe the Asserted

Patents directly and/or indirectly in violation of 35 U.S.C. §§ 27l(a) - (c).

61. The Accused Products are designed to use the infringing teclmology. For example, Proposed Respondents‘ MultiAir technology uses a piston, ‘moved by a mechanical intake cam connected to an intake valve through a hydraulic chamber, which is controlled by a normally open on/off solenoid valve. There is no means for the driver of a vehicle with a

MultiAir engine to turn off the infringing features of the Accused Products; thus, they are not suitable for any substantial non-infringing use, and are speciﬁcally adapted for infringing use at the time of their importation into the United States. As stated above, the infringing MultiAir technology is included in at least the Jeep Renegade manufactured in Italy and certain models of the Fiat S00, including the Fiat SOOmanufactured in Mexico, the Fiat SOOLmanufactured in

Serbia, and the Fiat SOOX manufactured in Italy. On information and belief, Proposed

Respondents import and sell the Accused Products knowing, or at least willfully blind to the fact, that they will be used to perform the claimed methods of the Asserted Patents. ‘

_2()_ (I) Infringement of the '397 Patent

62. I On information and belief, the Accused Products infringe at least claims 32 and

33 of the '397 patent. A claim chart showing infringement of independent claim 32 of the ‘397 patent is attached as Exhibit N0. 13, wherein the photos shown are of a MultiAir engine from a

Fiat 500 vehicle and the ﬁgures reﬂect the results of testing performed on a Fiat 500 vehicle purchased in Hartford, Connecticut. On information and belief, the engines of at least the Jeep

Renegade and Fiat 500 models, including the Fiat SOOLand Fiat SOOX,are substantially the same in all relevant respects. .

(2) Infringement of the '277 Patent

63.’ On information and belief, the Accused Products infringe at least claim 36 of the

'277 patent. A claim chart showing infringement of independent claim 36 of the '277 patent is attached as Exhibit No. 14, wherein the photos shown are of a MultiAir engine from a Fiat 500 vehicle. On information and belief, the engines of at least the Jeep Renegade and Fiat 500 models, including the Fiat SOOLand Fiat SOOX, are substantially the same in all relevant respects.

(3) Infringement of the '492 Patent

l 64. On information and belief, the Accused Products infringe claims 38, 39-42 and 45 of the '492 patent. A claim chart showing infringement of independent claim 38 of the ’492 patent is attached as Exhibit No. 15, wherein the photos shown are of a MultiAir engine from a

Fiat 500 vehicle. On information and belief, the engines of at least the Jeep Renegade and Fiat

500 models, including the Fiat SOOLand Fiat SOOX,are substantially the same in all relevant respects.

_21_ (4) Infringement of the ‘282Patent

65. On infonnation and belief, the Accused Products infringe claims 1, 4, 10, 13, 16,

18, 25 and 27-28 of the ‘282 patent. A claim chart showing infringement of independent claims

1, 13 and 25 of the ‘282 patent is attached as Exhibit N0. 16, wherein the photos shown are of a

MultiAir engine from a Fiat 500 vehicle and the ﬁgures reﬂect the results of testing perfonned on a Fiat 500 vehicle purchased in Hartford, Connecticut. On information and belief, the engines of at least the Jeep Renegade and other Fiat 500 models, including the Fiat SOOLand Fiat SOOX, are substantially the same in all relevant respects. ~

(5) Infringement of the '738 Patent

66. On information and belief, the Accused Products infringe claims 1, 3, 5, 6-7, 13

22, 31, 35-50 and 53-56 of the '738 patent. A claim chart showing infringement of independent claim 1 of the '738 patent is attached as Exhibit N0. 17, wherein the photos shown are of a

MultiAir-engine from a Fiat 500 vehicle. On infonnation and belief, the engines of at least the

Jeep Renegade and Fiat 500 models, including the Fiat 500L and Fiat SOOX,are substantially the same in all relevant respects.

(6) Infringement of the '276 Patent

67. On information and belief, the Accused Products infringe claims 1, 2-10, 17, 19

23 and 26-28 of the ‘276 patent. A claim chart showing infringement of independent claim 1 of the '276 patent is attached as Exhibit N0. 18, wherein the photos shown are of a MultiAir engine from a Fiat 500 vehicle and the ﬁgures reflect the results of testing performed on a Fiat 500 vehicle purchased in Hartford, Comecticut. On information and belief, the engines of at least the Jeep Renegade and Fiat 500 models, including the Fiat 5O0L and Fiat SOOX,are substantially the same in all relevant respects.

Q2 V. SPECIFIC ACTS OF UNFAIR IMPORTATION AND SALE

68. On infonnation and belief, the Proposed Respondents are and will continue importing and/or selling within the United States after importation Accused Products that infringe one or more of the Asserted Patents in violation of Section 337. ‘

69. On infonnation and belief, the Accused Products are manufactured and/or assembled in at least Mexico, Serbia and Italy by the Proposed Respondents. Exhibit Nos. 25

28. The Accused Products are sold for importation into the United States, imported into the

United States and/or sold after importation into the United States in violation of Section 337.

See Exhibit Nos. 25-28. More speciﬁcally, on further information and belief, Proposed

Respondents FCA, FCA US and/or SATA sell for importation, import and/or sell after importation in the U.S. at least the Fiat SOOXand Jeep Renegade, manufactured in Italy; Exhibit

Nos. 25, 26 and 28; Proposed Respondents FCA, FCA US and/or FCA Mexico sell for importation, import and/or sell after importation into the U.S. at least the Fiat 500, manufactured in Mexico; Exhibit Nos. 25, 26, and 28; and Proposed Respondents FCA, FCA US and/or FCA

Serbia sell for importation, import and/or sell after importation into the U.S. at least the Fiat

SOOL,manufactured in Serbia; Exhibit Nos. 25, 26, and 28. ,

70. As stated above, on October 17, 2014, IVS purchased a new Fiat 500 automobile from Euro Performance Cars Inc., doing business as Valenti Fiat of Hartford, Connecticut, located at 77 Leibert Road, Hartford, CT 06120. Exhibit N0. 28. .

71. Further, on information and belief, as stated above, at least one Jeep Renegade vehicle and at least one Fiat SOOXvehicle were imported from Italy for display at auto shows in the United States. On information and belief, these vehicles will soon be sold through Proposed

Respondents‘ network of authorized dealers throughout the United States. Exhibit No. 28.

-23 72. Further, on information and belief, as stated above, the Fiat 500L is imported for sale from Serbia and sold through Proposed Respondents’ network of dealers and on the Internet throughout the U.S. Exhibit No. 28.

VI. HARMONIZED TARIFF SCHEDULE INFORMATION

73. The articles subject to this Complaint are classiﬁable under at least the following subheadings of the Harmonized Tariff Schedule ("HTS") of the United States: Subheadings

8703.22.00, 8703.23.00, 8703.31.00, 8703.32.00 and 8409.99.91.

74. These classiﬁcations‘ are intended for illustration only and are not intended to restrict the scope of this investigation.

VII. THE DOMESTIC INDUSTRY

75. As stated above, a domestic industry exists and/or is in the process of being established, as required and defined by l9 U.S.C. § l337(a)(2)-(3), by virtue of JVS's significant investment in plant and equipment; significant employment of labor or capital; and substantial investment in the exploitation of the Asserted Patents, including manufacturing, engineering and research and development, and licensing efforts relating to JVS's VVA technology, including various IVS products and prototypes, collectively referenced herein as the "Domestic Industry

Articles." See Conﬁdential Exhibit Nos. 35C-37C.

A. The Technical Prong

76. JVS practices the Asserted Patents in the United States. The feattues, operations and technology described and claimed in the Asserted Patents are present in various Domestic

Industry Articles. Speciﬁc examples of use are described below and compared to the claims of the Asserted Patents in associated exhibits, schematic drawings and photographs of the Domestic

Industry Articles and attached as Conﬁdential Exhibit No. 35C-Conﬁdential Exhibit No. 43C.

_24_ 77. At least claims 1, 2, 4, 6, 8, ll, 17, 18, l9, 21, 23, 24, 26, and 27 of the '397 patent are practiced by JVS's MXI3 engine brake product, and at least claim 32 is practiced by

JVS’ Super Truck VVA/Braking prototype, which JVS designed for a customer and is undergoing testing. Claim charts comparing the MXl3 product and Super Truck VVA/Braking prototype to. the foregoing claims of the '397 patent are attached as Conﬁdential Exhibit N0.

38C.

78. At least claims 1, 2, 3, 4, 5,8, 9, 11, 14, 15, 16, 22,25, 26, 27, 28, 29, 32, 33, and

36 of the ‘277 patent are practiced by the JVS Light Duty VVA prototype, which JVS designed and is testing for a customer. A claim chart comparing the JVS Light Duty prototype to the foregoing claims of the ‘277patent is attached as Conﬁdential Exhibit N0. 39C.

79. At least claims 22, 27, 29, 30, 32, 34, 36, 37, 38, 39, 40, 41, 42, 44, 45, 46, 49, and 51 of the '492 patent are practiced by the JVS Light Duty VVA prototype. A claim chart comparing the JVS Light Duty VVA prototype to the foregoing claims of the '492 patent is attached as Conﬁdential Exhibit N0. 40C.

80. At least claims 1, 4, 10, 13, 14, I5, l6, 17, 18,25, and 26 of the ‘282 patent are practiced by the JVS Light Duty VVA prototype, and at least claim 13 is practiced by JVS's

SuperTn.1ck VVA/Braking prototype. Claim charts comparing the JVS Light Duty‘VVA and

Super Truck VVA/Braking prototypes to the foregoing claims of the '282 patent are attached as

Conﬁdential Exhibit N0. 41C. Software requirements speciﬁcations for the JVS Light Duty

VVA pr0totype's valve control unit are attached as Conﬁdential Exhibit N0. 44C. Valve control unit speciﬁcations for the Super Truck VVA/Braking prototype are attached as

Conﬁdential Exhibit N0. 45C. i '

-25 81. At least claims l, 3 and 7 of the ‘738 patent are practiced by the MXI3 engine brake, at least claims 1,3, 5, 6, 7, 9, 13, l4, 15, l6, l7, 50, 52, 53, 54, and 56 are practiced by the

JVS Light Duty VVA prototype, and at least claim l is practiced by JVS‘s Super Truck

VVA/Braking prototype. Claim charts comparing the MXl3 product and the JVS Light Duty

VVA and Super Truck VVA/Braking prototypes to the foregoing claims of the ‘738 patent are attached as Conﬁdential Exhibit N0. 42C.

82. At least claims 1,2, 3, 4, 5, 7, 8, 9, 10, ll, l2, 23, 26, 27 and 28 of the '276 patent are practiced the JVS Light Duty VVA prototype and at least claim 1 is practiced by JVS‘s Super

Truck VVA/Braking prototype. Claim charts comparing the JVS Light Duty VVA and Super

Truck VVA/Braking prototypes to the foregoing claims of the '276 patent are attached as

Conﬁdential Exhibit N0. 43C.

B. The Economic Prong

83. A domestic industry, as deﬁned in Section 337(a)(3), exists in the United States by virtue of JVS‘s signiﬁcant and substantial investments directed to the Domestic Industry

Articles. These activities include JVS's signiﬁcant investment in plant and equipment, signiﬁcant employment of labor and capital, substantial investment in the exploitation of the

Asserted Patents through manufacturing, engineering, research and development, and licensing activities that relate to products and prototypes that practice at least one claim of each of the

Asserted Patents. See Conﬁdential Exhibit Nos. 36C-37C. JVS conducts substantially all of the manufacturing, research and development, and licensing covered by these expenditures in the

United States. See Conﬁdential Exhibit Nos. 36C-37C.

84. JVS has made and continues to make signiﬁcant investments in U.S. facilities and equipment in the United States dedicated to manufacturing, quality control, research,

-26 development, engineering (including material, product, ﬁeld application, and sales engineering), and design of the Domestic Industry Articles, as well as attempted licensing of the Asserted

Patents. JVS currently owns and operates a facility located in Bloomﬁeld, Connecticut, where it manufactures the MXl3 product and Whereit designs and tests VVA systems, including the JVS

Light Duty VVA and Super Truck VVA/Braking prototypes and engages in licensing activities related to the Asserted Patents. JVS has made and continues to make signiﬁcant and substantial, direct and allocated capital investments in U.S. facilities and equipment used to manufacture, research and develop, engineer, and design the Domestic Industry Articles as well as for efforts to license the Asserted Patents. See Conﬁdential Exhibit Nos. 36C-37C.

85. JVS currently employs in the United States signiﬁcant labor and capital for activities related to manufacturing, quality control, research, development, engineering

(including material, product, ﬁeld application, and sales engineering), and design of the

Domestic Industry Articles, as well as attempted licensing of the Asserted Patents. JVS employees at the Bloomfield, Connecticut facility dedicate significant time and energies to the manufacture of the MXI3 products as well as engineering and research and development related to the JVS Light Duty VVA and Super Truck VVA/Braking prototypes and attempted licensing of the Asserted Patents. See Confidential Exhibit Nos. 36C-37C.

86. JVS has made, and will continue to make, substantial investments in the United

States in engineering, research and development and attempted licensing related to the Asserted

Patents and the Domestic Industry Articles. See Conﬁdential Exhibit Nos. 36C-37C.

87. Based on the foregoing, a domestic industry has been established with respect to articles protected by the Asserted Patents, including the MX13 engine brake, JVS‘Light Duty

_27 VVA prototypeand IVS’ Super Truck VVA/Braking prototype, as required and deﬁned by 19

U.S.C. § 1337(a)(2)-(3). I 1 _

88. Alternatively, with respect to the JVS Light Duty VVA and Super Truck

VVA/Braking prototypes, a domestic industry that exploits the Asserted Patents is in the process of being established. JVS's signiﬁcant investments in plant and equipment, signiﬁcant employment of labor and capital and substantial investments in the exploitation of Asserted

Patents relating to the JVS Light Duty VVA and Super Truck VVA/Braking prototypes through engineering, research and development and licensing activities constitute necessary and tangible steps to establish a domestic industry in the United States. See Conﬁdential Exhibit Nos. 36C

37C. As a result of these substantial investments, there is a signiﬁcant likelihood that the domestic industry requirement as to the Asserted Patents reading on the IVS Light Duty VVA and Super Truck VVA/Braking prototypes will be satisﬁed in the future.

VIII. RELATED LITIGATION

89. The Asserted Patents are currently being litigated in an action styled Jacobs

Vehicle Systems, Inc. v. FCA US LLC, in the United States District Court for the District of

Connecticut, Civil Action No.1 3:15cv35O. That action was ﬁled by JVS against that Proposed

Respondent on March 9, 2015.

90. Except as set forth above, there have not been any other court or agency actions involving the Asserted Patents.

IX. REQUEST FOR RELIEF »

WHEREFORE, JVS respectﬁzlly requests that the United States International Trade

Commission: .

1. Institute an immediate investigation pursuant to Section 337 of the Tariff Act of

1930, as amended, 19 U.S.C. § 1337, into the violation by Proposed Respondents of Section 337 -23 arising from the sale for importation into the United States, importation into the United States and/or sale within the United States after the importation of Respondents‘ products that infringe the Asserted Patents;

2. Schedule and conduct a hearing pursuant to Section 337(c), for purposes of receiving evidence and hearing argument concerning whether there has been a violation of

Section 337 and, following the hearing, determine that there has been a violation of Section 337;_

3. Issue a pennanent limited exclusion order pursuant to 19 U.S.C. § 1337(d) forbidding entry into the United States of Proposed Respondents’ products that infringe the

Asserted Patents;

4. Issue a permanent cease and desist order, pursuant to 19 U.S.C. § l337(f), directing Proposed Respondents to cease and desist from the importation, sale, offer for sale, advertising, packaging or solicitation of any sale by Respondents of products that infringe the

Asserted Patents; 9

5. Impose a bond during the 60-day Presidential review period per 19 U.S.C.

§ l337(j); and

6. Grant all such other and further relief as it deems appropriate under the law, based upon the facts complained of herein and as determined by the investigation.

Dated:March10,2015 % . By: _ / _ p-;,_,, ' Andrew Riddles Jonathan B. Tropp Richard Brown Cecilia Zhang Stiber DAY PITNEY LLP DAY PITNEY LLP 7 Times Square One Canterbury Green New York, NY 10036 Stamford, CT 06901 Tel: 212.297.5800 Tel: 203.977.7337 Fax: 203.202.3896 Fax: 203.901.1733 [email protected] [email protected] [email protected] [email protected] -29 Eric TeVelde Tom M. Schaumberg DAY PITNEY LLP Michael L. Doane 242 Trumbull Street Asha Allam Hartford, CT 06103-1212 ADDUC1, MASTRIANI & SCHAUMBERG, LLP Tel: 860.275.0144 1133 Connecticut Avenue, NW, 12"‘Floor Fax: 860.881.2557 Washington, DC 20036 [email protected] Tel: 202.467.6300 Fax: 203.466.2006 [email protected] [email protected] [email protected]

Attarneysfor Complainant Jacobs VehicleSystems, Inc.

JACOBS7002lS l

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