UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

LEAR CORPORATION, Plaintiff, v. NHK SEATING OF AMERICA, INC. Defendant. Case No. _____________

COMPLAINT FOR PATENT INFRINGEMENT AND JURY DEMAND

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 Seating of

America, Inc. (NHK) is a Michigan corporation, having its principal place of business at 2298 West State Road 28, Frankfort, Indiana 46041.

II. JURISDICTION 3. et seq. 4. Subject matter jurisdiction for the pleaded claims is conferred Claims pleaded herein arise under the Patent Act, 35 U.S.C. 1

upon the Court by 28 U.S.C. 1331 and 1338.

III. PATENTS-IN-SUIT 5. 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. 6. Plaintiff Lear is the owner by assignment of the 043 patent.

7.

Defendant NHK has had knowledge of the 043 patent at least

since August 8, 2007. 8. 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. 9. 10. Plaintiff Lear is the owner by assignment of the 949 patent. Defendant NHK has had knowledge of the 949 patent at least

since August 8, 2007. 11. On October 14, 2003, U.S. Patent No. 6,631,955 (the 955

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 955 patent is attached as Exhibit C. 12. 13. Plaintiff Lear is the owner by assignment of the 955 patent. Defendant NHK has had knowledge of the 955 patent at least

since August 8, 2007. 14. 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 D.

15. 16.

Plaintiff Lear is the owner by assignment of the 733 patent. Defendant NHK has had knowledge of the 733 patent at least

since August 8, 2007. 17. On October 18, 2005, U.S. Patent No. 6,955,397 (the 397

patent), for Vehicle Seat Assembly Having Active Head Restraint System, was duly and lawfully issued, naming Mladen Humer as inventor. A copy of the 397 patent is attached as Exhibit E. 18. 19. Plaintiff Lear is the owner by assignment of the 397 patent. Defendant NHK has had knowledge of the 397 patent at least

since September 30, 2009. 20. On November 25, 2008, U.S. Patent No. 7,455,357 (the 357

patent), for Active Head Restraint System For A Vehicle Seat, was duly and lawfully issued, naming Mladen Humer, Gerald S. Locke and Arjun V. Yetukuri as inventors. A copy of the 357 patent is attached as Exhibit F. 21. 22. Plaintiff Lear is the owner by assignment of the 357 patent. Defendant NHK has had knowledge of the 357 patent at least

since September 30, 2009. 23. On May 7, 2013, U.S. Patent No. 8,434,818 (the 818 patent),

for Variable Seat Having Active Head Restraint, was duly and lawfully issued,

naming Mladen Humer, Nagarjun Yetukuri, Gerald Locke and Dale Smallwood as inventors. A copy of the 818 patent is attached as Exhibit G. 24. 25. Plaintiff Lear is the owner by assignment of the 818 patent. Defendant NHK has had knowledge of the 818 patent at least

since the filing of this Complaint.

IV. COUNT I PATENT INFRINGEMENT 26. Defendant NHK makes, uses, offers for sale, and/or sells active

head restraint systems (NHK Active Head Restraint Systems) especially made and adapted for seat assemblies in vehicles. 27. Upon information and belief, Defendant NHK has been making

the NHK Active Head Restraint Systems since at least 2006 and has been selling them to at least Toyota Motor North America, Inc. and/or a related entity (Toyota) knowing and intending that Toyota will make, use, offer to sell, sell, and/or import, seat assemblies having the NHK Active Head Restraint Systems and/or vehicles with seat assemblies having the NHK Active Head Restraint Systems, throughout the United States, including in the Eastern District of Michigan. 28. The Toyota model vehicles in which the NHK Active Head

Restraint Systems have been used in seat assemblies and sold include, at least, the

2008-2011 Toyota Tacoma, the 2008-2011 Toyota Corolla, the 2008-2011 Toyota Matrix, the 2009-2011 Toyota RX, the 2009-2011 Toyota Sienna, the 2008-2011 Toyota Venza, the 2008-2011 Toyota RAV 4, the 2008-2011 Toyota Highlander, the 2010-2011 Toyota Prius, and likely additional Toyota vehicles. 29. Toyota has directly infringed claims of the 043, 949, 955,

733, 397, 357 and 818 patents (All Asserted Patents) by making, using, offering to sell, and/or selling in the United States, and/or importing into the United States, seat assemblies having the NHK Active Head Restraint Systems and/or vehicles with seat assemblies having the NHK Active Head Restraint Systems. 30. The NHK Active Head Restraint Systems are not a staple article

or commodity of commerce suitable for any substantial use other than as a material part of a seat assembly. 31. Pursuant to communications between Lear and NHK beginning

at least on August 8, 2007, NHK was made aware of the 043, 949, 955, and 733 patents and that seat assemblies having the NHK Active Head Restraint Systems infringe the 043, 949, 955, and 733 patents. 32. Pursuant to communications between Lear and NHK beginning

at least on September 30, 2009, NHK was made aware of the 397 and 357 patents

and that seat assemblies having the NHK Active Head Restraint Systems infringe the 397 and 357 patents. 33. Pursuant to at least this Complaint, NHK has been made aware

of the 818 patent and that seat assemblies having the NHK Active Head Restraint Systems infringe the 818 patent. 34. Defendant NHK has contributorily infringed, and/or is

contributorily infringing, claims of All Asserted Patents by making, using, offering for sale, and/or selling in the United States, and/or importing into the United States, the NHK Active Head Restraint Systems which are a material part of the seat assembly inventions of All Asserted Patents, which are not a staple article or commodity of commerce suitable for substantial non-infringing use, and knowing the NHK Active Head Restraint Systems to be especially made or especially adapted for use in an infringement of such claims of All Asserted Patents. 35. Upon information and belief, the Defendant NHK has directly

infringed and/or is directly infringing claims of All Asserted Patents by making and/or using seat assemblies including the NHK Active HeadRestraint Systems in the United States, for testing purposes or otherwise, an allegation that will likely have evidentiary support after a reasonable opportunity for further investigation or discovery.

36.

Upon information and belief, NHK has aided, encouraged,

urged, and/or directed, Toyota to make, use, offer to sell, and/or sell in the United States, and/or import into the United States, seat assemblies having the NHK Active Head Restraint Systems and/or vehicles with seat assemblies having the NHK Active Head Restraint Systems, and to accordingly infringe claims of All Asserted Patents, an allegation that will likely have evidentiary support after a reasonable opportunity for further investigation or discovery 37. Upon information and belief, NHK through such aiding,

encouraging, urging, and/or directing has induced at least Toyota to make, use, sell, and/or offer for sale in the United States, and/or import into the United States, the claimed subject matter of All Asserted Patents, and to infringe one or more claims of All Asserted Patents, without the authority of Lear, knowing that such induced acts constitute infringement and/or intending at least Toyota to infringe, an allegation that will likely have evidentiary support after a reasonable opportunity for further investigation or discovery 38. Plaintiff Lear has been harmed, pecuniarily and irreparably, by

the infringing conduct of Defendant NHK and such harm will continue unless Defendant is enjoined from further infringement by this Court.

IV. DEMAND FOR RELIEF WHEREFORE, plaintiff Lear requests entry of a judgment against Defendant NHK, granting relief as follows. A. Finding Defendant NHK liable to plaintiff Lear for

infringement of the 043, 949, 955, 733, 397, 357 and 818 patents; B. Awarding plaintiff Lear damages adequate to compensate for

such infringement; C. Increasing the damages up to three times, under authority of 35

U.S.C. 284, 2; D. Finding the case exceptional, under 35 U.S.C. 285, and

awarding plaintiff Lear its costs, including reasonable attorneys fees; E. Preliminarily and permanently enjoining Defendant NHK, its

officers, agents, servants, employees, and attorneys, and upon those persons in active concert or participation with them who receive actual notice of the injunction, from further infringement of the 043, 949, 955, 733, 397, 357 and 818 patents; and F. Granting such other, further and different relief as may be just

and equitable on the proofs.

V. DEMAND FOR JURY TRIAL Plaintiff Lear demands trial by jury for all issues so triable. Respectfully submitted, BROOKS KUSHMAN P.C. Dated: July 5, 2013 /s/ John M. Halan John M. Halan (P37616) Frank A. Angileri (P45611) LeKeisha M. Suggs (P76523) 1000 Town Center, Twenty-Second Floor Southfield, Michigan 48075 Tel: (248) 358-4400 / Fax: (248) 358-3351 Email: jhalan@brookskushman.com fangileri@brookskushman.com lsuggs@brookskushman.com Attorneys for Lear Corporation