valeo et. al. v. federal-mogul et. al

7/27/2019 Valeo Et. Al. v. Federal-Mogul Et. Al.

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IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF TEXAS

EL PASO DIVISION

VALEO, INC.; VALEO ELECTRICAL )SYSTEMS, INC.; and DELMEX DE

)JUAREZ S. DE R.L. DE C.V. )

)Plaintiffs, )

)

v. ))

FEDERAL-MOGUL CORP. and )

FEDERAL-MOGUL VEHICLE )

COMPONENT SOLUTIONS, INC. ))

Defendants, )

)

Civil Action No.___________

JURY TRIAL DEMANDED

COMPLAINT FOR PATENT INFRINGEMENT

Plaintiffs Valeo, Inc., Valeo Electrical Systems, Inc., and Delmex de Juarez S. de R.L. de

C.V. (collectively, Valeo) hereby file this Complaint against Defendants Federal-Mogul Corp.

and Federal-Mogul Vehicle Component Solutions (collectively, Defendants) for infringement

of U.S. Patent Nos. 7,937,798 (the 798 Patent), 8,220,106 (the 106 Patent), and 7,891,044

(the 044 Patent) (collectively, Patents-In-Suit).

PARTIES

1. Valeo, Inc. is a New York Corporation with its principal place of business at 150Stephenson Highway, Troy, MI, 48083, and Valeo, Inc. d/b/a Valeo Service USA having

a place of business at 301 West Park Lane, Hampton, Virginia 23666.

2. Valeo Electrical Systems, Inc. is a Delaware Corporation with its principal placeof business at 150 Stephenson Highway, Troy, MI, 48083. Valeo Electrical Systems, Inc.

conducts business at 5 Zane Grey St., El Paso, TX 79906-5223.

3:13-cv-115


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3. Delmex de Juarez S. de R.L. de C.V., a sociedad annima de capital variable is aCorporation organized under the laws of Mexico, with its principal place of business at

Avenida de las Torres y calle Intermex # 1681, Parque Industiral Intermex, Cd. Juarez,

Chihuahua 32640.

4. Upon information and belief, Defendant Federal-Mogul Corp. is a corporationorganized under the laws of Delaware and maintains its principal place of business at

26555 Northwestern Highway, Southfield, MI 48033. Upon information and belief,

Defendant Federal-Mogul Corp. conducts business, both generally and as specifically

related to the infringing products, in El Paso, TX, within the jurisdiction of this Court.

5. Upon information and belief, Defendant Federal-Mogul Vehicle ComponentSolutions, Inc. is a corporation organized under the laws of Delaware and maintains its

principal place of business at Southfield, MI. Upon information and belief, beginning in

2012, Defendant Federal-Mogul Vehicle Component Solutions, Inc. has sold and

distributed a broad portfolio of products in the global aftermarket, while also serving

original equipment manufacturers with products including braking, chassis, wipers and

other vehicle components on behalf of Defendant Federal-Mogul, Inc.

6. Upon information and belief, Defendant Federal-Mogul Corp. and/or DefendantFederal-Mogul Vehicle Component Solutions, Inc. operates a place of business at least at

1277 Joe Battle Blvd., El Paso, TX and imports infringing wiper blades through Federal

Mogul facilities in El Paso, TX.


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JURISDICTION AND VENUE

7. This lawsuit is an action for patent infringement arising under the patent laws ofthe United States, 35 U.S.C. 1, et seq. This Court has jurisdiction over this action

pursuant to 28 U.S.C. 1331 and 1338.

8. Upon information and belief, Defendants are subject to personal jurisdiction inthis Court because they are currently doing and have done substantial business in this

judicial district, including: (i) employing numerous employees in this judicial district; (ii)

designating an agent for service of process in this judicial district; (iii) regularly receiving

shipments of infringing wiper devices within this judicial district; (iv) committing acts of

patent infringement and/or contributing to or inducing acts of patent infringement by

others in this judicial district and elsewhere in Texas and the United States; and (v)

regularly doing business or soliciting business, engaging in other persistent courses of

conduct, and/or deriving substantial revenue from products and/or services provided to

individuals in this judicial district and in this State.

9. Venue is proper in this judicial district pursuant to 28 U.S.C. 1391 and 1400(b)because Defendants regularly conduct business in this judicial district, have regular and

established places of business in this judicial district, and/or because certain of the acts

complained of herein occurred in this judicial district.

10. Joinder of Defendants is proper pursuant to 35 U.S.C. 299(a) at least because,on information and belief, as parent (Federal-Mogul Corp.) and subsidiary (Federal-

Mogul Vehicle Component Solutions, Inc.), the manufacture, import, offer for sale,

and/or sale of infringing windshield wiper products arise out of the common actions of

the Defendants. Questions of fact common to both Defendants will arise in the action at


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least because, upon information and belief, Defendants infringement arises from their

common acts of manufacturing, importing, offering for sale, and selling infringing

windshield wiper products.

PATENTS-IN-SUIT

11. Valeo is the owner by assignment of U.S. Patent No. 7,937,798, entitled Devicefor Detachably Linking a Wiper Blade with a Driven Wiper Arm, duly and legally

issued on May 10, 2011. The 798 patent is appended hereto as Exhibit A.


issued on July 17, 2012. The 106 patent is appended hereto as Exhibit B.


issued on February 22, 2011. The 044 patent is appended hereto as Exhibit C.

FIRST CLAIM FOR RELIEF

(Infringement of U.S. Patent No. 7,937,798)

14. On information and belief, Defendants manufacture, import, offer for sale, andsell certain windshield wiper products that infringe the 798 patent. For example, on

information and belief, Defendants manufacture, import, offer for sale, and sell certain

windshield wiper products, including Defendants A-22-M, A-22-OE and SP-21 ANCO

Profile Wiper Blades and products with similar wiper adapters; C-21-OE ANCO Contour

Premium Wiper Blades and products with similar wiper adapters; 60-020-PP NAPA

Accufit Blades and products with similar wiper adapters; and 60-2243-1 NAPA Vista

Blades and products with similar wiper adapters, that infringe the 798 patent.


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15. Defendants have been provided notice of their infringement of the 798 patent.16. On information and belief, the infringement by Defendants has been willful.Defendants were made aware of the family of patents to which the 798 patent belongs.

On information and belief, therefore, Defendants have known of the 798 patent, and

their actions resulting in infringement of the 798 patent have been objectively reckless.

17. Valeo has been irreparably damaged by such infringement and will continue to beirreparably damaged by such infringement unless enjoined by the Court.

SECOND CLAIM FOR RELIEF













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THIRD CLAIM FOR RELIEF













REQUEST FOR A JURY TRIAL

26. Valeo requests a jury trial of all issues in this action so triable.PRAYER FOR RELIEF

WHEREFORE, Valeo prays for the following relief:


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(a) That Defendants be ordered to pay damages adequate to compensate Valeo for

Defendants infringement of each of the Patents-In-Suit pursuant to 35 U.S.C. 284;

(b) That Defendants be ordered to pay increased and treble damages for Defendants

willful infringement of each of the Patents-In-Suit pursuant to 35 U.S.C. 284;

(c) That Defendants be ordered to pay attorneys fees pursuant to 35 U.S.C. 285 for

each of the Patents-In-Suit;

(d) That Defendants, its officers, agents, servants, employees, and those persons acting in

active concert or in participation with them be enjoined from further infringement of each of the

Patents-In-Suit pursuant to 35 U.S.C. 283;

(e) That Defendants be ordered to pay prejudgment interest;

(f) That Defendants be ordered to pay all costs associated with this action; and

(g) That Valeo be granted such other and additional relief as the Court deems just and

proper.

RESPECTFULLY SUBMITTED,

/s/ Richard G. MunzingerDated: April 10, 2013 ______________________________________

Richard G. Munzinger

State Bar No. 14679000ScottHulse PC

1100 Chase Tower201 E. Main Drive

El Paso, Texas 79901

Phone (915) 546-8231

Fax (915) 546-8333Email [email protected]


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Philippe J.C. Signore (to be admittedpro hac vice)

State Bar No. 47889

Robert C. Mattson (to be admittedpro hac vice)

State Bar No. 43568Jean-Paul Lavalleye (to be admittedpro hac vice)

State Bar No. 28743

Eric W. Schweibenz (to be admittedpro hac vice)State Bar No. 472519

Lindsay J. Kile (to be admittedpro hac vice)

State Bar No. 78686OBLON, SPIVAK, McCLELLAND,

MAIER & NEUSTADT, L.L.P.

1940 Duke Street

Alexandria, VA 22314

Telephone: (703) 413-3000Facsimile: (703) 413-2220

E-mail: [email protected]: [email protected]

E-mail: [email protected]

E-mail: [email protected]: [email protected]

Attorneys for Plaintiffs Valeo, Inc.,

Valeo Electrical Systems, Inc., and Delmex de

Juarez S. de R.L. de C.V.


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valeo et. al. v. federal-mogul et. al

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