2:18-cv-10613-PDB-APP Doc # 1 Filed 02/21/18 Pg 1 of 20 Pg ID 1 [UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION LEAR CORPORATION, Case No. Hon. Plaintiff, v. NHK SPRING COMPANY, LTD and NHK INTERNATIONAL INC. JURY TRIAL DEMANDED Defendants. COMPLAINT FOR PATENT INFRINGEMENT AND JURY DEMAND 2:18-cv-10613-PDB-APP Doc # 1 Filed 02/21/18 Pg 2 of 20 Pg ID 2 I. THE PARTIES 1. Plaintiff Lear Corporation (“Lear”) is a Delaware corporation, having its principal place of business at 21557 Telegraph Road, Southfield, Michigan 48086. 2. Upon information and belief, Defendant NHK Spring Co. Ltd. (“NHK Japan”) is a Japanese corporation, having its principal place of business at 3-10 Fukuura, Kanazawaku, Yokohama, 236-0004, Japan. 3. Upon information and belief, Defendant NHK International, Inc. (“NHK International”) is a Michigan corporation, having its principal place of business at 46855 Magellan Drive, Novi, Michigan 48377. 4. Upon information and belief, NHK International was incorporated by, and is a wholly owned subsidiary of, NHK Japan. 5. Upon information and belief, as confirmed by the NHK International website (Exhibit F, http://www.nhkinternational.com/manufacturing-capabilities/), “NHK International is the North American headquarters for its global corporate parent company, NHK Spring Co., Ltd in Yokohama, Japan” and “functions as the corporate, sales, and R&D headquarters providing advanced engineering solutions, product design, testing and sales support to all of NHK’s North American manufacturing facilities.” 1 2:18-cv-10613-PDB-APP Doc # 1 Filed 02/21/18 Pg 3 of 20 Pg ID 3 6. As also confirmed by the NHK International Corporation LinkedIn site (Exhibit G, https://www.linkedin.com/company/10595899/), “NHK International Corporation is the North American Headquarters of NHK Spring Co. Ltd.” 7. Upon information and belief, NHK Seating of America, Inc. (“NHK America”) is a Michigan corporation, having its principal place of business at 2298 West State Road 28, Frankfort, Indiana 46041. 8. Lear is plaintiff and NHK America is defendant in a currently-pending patent infringement lawsuit in the Eastern District of Michigan (Case No. 2:13-cv- 12937-LJM-RSW). The same patents asserted by Lear in this case are asserted by Lear in that case. 9. Upon information and belief, NHK America was incorporated by, and is a wholly owned subsidiary of, NHK Japan or NHK International. 10. Upon information and belief, when NHK America was incorporated in 2006, NHK Japan picked the Board of Directors for NHK America. 11. Upon information and belief, when NHK America was incorporated, at least two NHK America Board members, i.e., Masahiko Kimura and Katsuichi Ikeda, also served as NHK International Board member/officer(s). 12. Upon information and belief, the current president of NHK America, i.e., Yuji Shibuya, is also a corporate officer of NHK Japan. 2 2:18-cv-10613-PDB-APP Doc # 1 Filed 02/21/18 Pg 4 of 20 Pg ID 4 13. Upon information and belief, NHK International and NHK America shared corporate headquarters until 2008. 14. NHK America lists an address in Japan as its site address for design and testing – the same address that NHK Japan uses. (Exhibit H, highlighting added.) 15. Upon information and belief, NHK Japan, NHK International, and NHK America, have and still do share corporate officers and directors, including at least those shown in the table below: Summary of Executives of the NHK Companies Name NHK America NHK International NHK Japan Hiroyuki Kado 2016 Director 2017 Exec. Vice President 2017 President, Secretary Ko Masuda 2016 President 2017 Senior Corp. Officer Hideto Enomoto 2016 Director 2017 Senior Corp. Officer Toshiyuki Aoyagi 2016 Director 2017 Corp. Officer Hidefumi Yoshimura 2015 Director 2017 Senior Corp. Officer 2015 Director 2017 Executive Corp. Toru Sugiyama 2016 Director 2015 Director Officer 2017 Director 2016 President, Director 2015 President, Director 2014 President, Director Tatsuro Ono 2013 President, Director 2017 Corp. Officer Kiyohiko Kammei 2015 Director 2017 Senior Corp. Officer Yuji Shibuya 2017 President 2017 Corp. Officer 2006 President & CEO, Katsuichi Ikeda 2006 Board of Directors Director Masahiko Kimura 2006 Board of Directors 2006 Director 3 2:18-cv-10613-PDB-APP Doc # 1 Filed 02/21/18 Pg 5 of 20 Pg ID 5 II. JURISDICTION AND VENUE 16. Plaintiff Lear hereby incorporates by reference the allegations contained in paragraphs 1-15, and all of the following paragraphs, as though fully stated herein. 17. Claims pleaded herein arise under the Patent Act, 35 U.S.C. §1 et seq. 18. This Court has subject matter jurisdiction for the pleaded claims under 28 U.S.C. §§ 1331 and 1338. 19. This Court has personal jurisdiction over the Defendants because, among other things, the Defendants have aided, encouraged, urged, directed, induced, and/or participated in the commission of patent infringement in this judicial district and elsewhere that led to foreseeable harm and injury to Lear. 20. Specifically, each of Defendants, directly, through each other, and/or through others or intermediaries, such as NHK America, supply active head restraint systems (“NHK Active Head Restraint Systems”) that are incorporated into vehicle seat assemblies, with the knowledge, understanding, and desire that such seat assemblies having the NHK Active Head Restraint Systems and/or vehicles with seat assemblies having the NHK Active Head Restraint Systems are and have been offered for sale, sold, purchased, and used, within the State of Michigan and this Eastern District of Michigan, thereby infringing patents assigned to Lear and injuring Lear. 4 2:18-cv-10613-PDB-APP Doc # 1 Filed 02/21/18 Pg 6 of 20 Pg ID 6 21. Each of the Defendants, directly, through each other, and/or through others or intermediaries, such as NHK America, place NHK Active Head Restraint Systems into the stream of commerce with the knowledge, understanding, and desire that the NHK Active Head Restraint Systems will be incorporated into seat assemblies that are sold all over the United States, within the State of Michigan and this Eastern District of Michigan, as seat assemblies having the NHK Active Head Restraint Systems and/or vehicles with seat assemblies having the NHK Active Head Restraint Systems, thereby infringing patents assigned to Lear and injuring Lear. 22. In addition, this Court has personal jurisdiction over Defendant NHK International because it is a Michigan corporation, having its principal place of business at 46855 Magellan Drive, Novi, Michigan 48377, and has designated an agent for process of service in this district. 23. In addition, this Court has personal jurisdiction over Defendant NHK Japan because NHK Japan maintains its North American headquarters, NHK International, in Novi, Michigan, and directly and/or through at least NHK International (1) carries on a continuous and systematic part of its general business in Michigan, including within this district, (2) transacts business in Michigan, including within this district, (3) has established a channel for providing regular advice and/or for marketing products to customers in Michigan, including within 5 2:18-cv-10613-PDB-APP Doc # 1 Filed 02/21/18 Pg 7 of 20 Pg ID 7 this district, and/or (4) owns, uses, and/or possesses real or tangible personal property situated in Michigan, within this district. 24. Venue is proper in this district under 28 U.S.C. § 1400 as to NHK International because it is a Michigan corporation. 25. Venue is proper in this district under 28 U.S.C. § 1391(c) as to NHK Japan because NHK Japan is not incorporated in any of the United States. III. PATENTS-IN-SUIT 26. Plaintiff Lear hereby incorporates by reference the allegations contained in paragraphs 1-25, and all of the following paragraphs, as though fully stated herein. 27. On January 3, 1995, U.S. Patent No. 5,378,043 (“the ‘043 patent”), for “Vehicle Pivotal Headrest,” was duly and lawfully issued, naming David C. Viano, Richard J. Neely and Mladen Humer as inventors. A copy of the ‘043 patent is attached as Exhibit A. 28. Plaintiff Lear is the owner by assignment of the ‘043 patent. 29. Pursuant to agreements and communications between Lear and defendants NHK Japan, NHK International, and/or NHK America, defendants NHK International and/or NHK Japan have had knowledge of the ‘043 patent at least since December 3, 2002, and have known of the infringement set forth in this complaint 6 2:18-cv-10613-PDB-APP Doc # 1 Filed 02/21/18 Pg 8 of 20 Pg ID 8 since at least July 31, 2006 or earlier, when unable to provide a reasonable non- infringement position. 30. On October 14, 2003, U.S. Patent No. 6,631,949 (“the ‘949 patent”), for “Variable Movement Headrest Arrangement,” was duly and lawfully issued, naming Mladen Humer, Yan Fan and Magnus Roland as inventors. A copy of the ‘949 patent is attached as Exhibit B. 31. Plaintiff Lear is the owner by assignment of the ‘949 patent. 32. Pursuant to communications between Lear and NHK Japan, NHK International, and/or NHK America, NHK International and/or NHK Japan have had knowledge of the ‘949 patent at least since August 8, 2007 and have known of the infringement set forth in this complaint after that date, and since at least February 1, 2008 or earlier, when unable to provide a reasonable non-infringement position. 33. On December 2, 2003, U.S. Patent No. 6,655,733 (“the ‘733 patent”), for “Variable Movement Headrest Arrangement,” was duly and lawfully issued, naming Mladen Humer and Yan Fan as inventors. A copy of the ‘733 patent is attached as Exhibit C. 34. Plaintiff Lear is the owner by assignment of the ‘733 patent.