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COMPLAINT
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Corporation, TOYOTA MOTOR
NORTH AMERICA, INC., a
California Corporation, and
TOYOTA MOTOR SALES, U.S.A.,
INC., a California Corporation

Defendant,



Plaintiff Dennis Fernandez brings this action against Toyota Motor
Corporation, Toyota Motor North America, Inc., and Toyota Motor Sales, U.S.A.,
Inc., and for his causes of action alleges as follows:
THE PARTIES
1. Dennis Fernandez (Fernandez) is an individual residing in
California, with a business address of P.O. Box D, Menlo Park, CA 94026.
2. Toyota Motor Corporation (TMC) is, upon information and belief,
a Japanese Corporation having its principal place of business at 1 Toyota-Cho,
Toyota City, Aichi Prefecture 471-8571, Japan.
3. Toyota Motor North America, Inc. (Toyota NA) is, upon
information and belief, a wholly-owned subsidiary of TMC and is the holding
company for TMCs United States sales and manufacturing companies. Upon
further information and belief, Toyota NA is a California corporation having its
principal place of business at 19001 S. Western Avenue, Torrance, CA 90501.
Toyota NA may be served with process by serving its registered agent, CT
Corporation System at 818 W. Seventh Street, Los Angeles, CA 90017.
4. Toyota Motor Sales, U.S.A., Inc. (Toyota USA) is, upon
information and belief, TMCs sales and marketing arm, and oversees TMC
vehicle sales, service and parts for well over 1,000 Toyota dealerships located
throughout the United States. Upon further information and belief, Toyota USA

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is a California corporation having its principal place of business at 19001 S.
Western Avenue, Torrance, CA 90501. Toyota USA may be served with process
by serving its registered agent, CT Corporation System at 818 W. Seventh Street,
Los Angeles, CA 90017.
5. Throughout this Complaint, and unless specifically noted otherwise,
Defendants TMC, Toyota NA and Toyota USA are referenced collectively as the
Toyota Defendants.
THE PATENTS
U.S. Patent No. 7,374,003
6. On May 20, 2008, United States Patent No. 7,374,003, entitled
Telematic Method and Apparatus with Integrated Power Source (the 003
patent) was duly and legally issued by the United States Patent and Trademark
Office. A true and correct copy of the 003 patent is attached as Exhibit A.
7. Pursuant to 35 U.S.C. 282, the 003 patent is presumed valid.
8. Fernandez is the inventor and owner of the entire right, title, and
interest in the 003 patent, including the right to recover damages for past, present
and future infringement.
U.S. Patent No. 7,575,080
9. On August 18, 2009, United States Patent No. 7,575,080, entitled
Telematic Method and Apparatus with Integrated Power Source (the 080
patent) was duly and legally issued by the United States Patent and Trademark
Office. A true and correct copy of the 080 patent is attached as Exhibit B.
10. Pursuant to 35 U.S.C. 282, the 080 patent is presumed valid.
11. Fernandez is the inventor and owner of the entire right, title, and
interest in the 080 patent, including the right to recover damages for past, present
and future infringement.
U.S. Patent No. 7,980,341
12. On July 19, 2011, United States Patent No. 7,980,341, entitled

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Telematic Method and Apparatus with Integrated Power Source (the 341
patent) was duly and legally issued by the United States Patent and Trademark
Office. A true and correct copy of the 341 patent is attached as Exhibit C.
13. Pursuant to 35 U.S.C. 282, the 341 patent is presumed valid.
14. Fernandez is the inventor and owner of the entire right, title, and
interest in the 341 patent, including the right to recover damages for past, present
and future infringement.
JURISDICTION AND VENUE
15. This action arises under the patent laws of the United States, Title 35
United States Code, particularly 271 and 281. This Court has jurisdiction over
the claim for patent infringement under 28 U.S.C. 1331 and 1338(a).
16. Personal jurisdiction exists generally over the Toyota Defendants
because they have sufficient minimum contacts with the forum as a result of
business conducted within the State of California and within the Central District
of California. Personal jurisdiction also exists specifically over each of the
Toyota Defendants because each, directly or through subsidiaries or
intermediaries, makes, uses, sells, and offers for sale, products or services within
the State of California and within the Central District of California, that infringe
the 003 patent, the 080 patent and the 341 patent.
17. Venue is proper in this Court under Title 28 United States Code
1391(b) and (c) and 1400(b).
COUNT I: INFRINGEMENT OF U.S. PATENT NO. 7,374,003
18. The Toyota Defendants have been and are now making, using,
selling, offering for sale within the United States, or importing into the United
States, hybrid vehicles, including, but not limited to the Prius II, that infringe
claim 1 of the 003 patent.
19. By so making, using, selling, offering to sell within the United
States, or importing into the United States the aforementioned products, the

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Toyota Defendants have infringed and continue to infringe the 003 patent, either
literally or by equivalents, and either directly or indirectly by inducing
infringement or contributing to the infringement of the 003 patent.
20. In addition to their direct infringement of the 003 patent, the Toyota
Defendants are liable by actively inducing direct infringement by distributors,
retailers, and end-users who sell, offer for sale, purchase, and/or use the
aforementioned vehicles.
21. The Toyota Defendants acts of infringement of the 003 patent as
alleged above have injured Fernandez and thus Fernandez is entitled to recover
damages adequate to compensate him for that infringement, which in no event
can be less than a reasonable royalty.
22. On October 15, 2009, Fernandez notified the Toyota Defendants, in
writing, that his patent rights in the 003 patent applied to the accused Toyota
vehicles. Despite knowledge of their infringement of the 003 patent, the Toyota
Defendants continued to infringe that patent. The Toyota Defendants therefore
willfully infringed the 003 patent.
COUNT II: INFRINGEMENT OF U.S. PATENT NO. 7,575,080
23. The Toyota Defendants have been and are now making, using,
selling, offering for sale within the United States, or importing into the United
States, hybrid vehicles, including, but not limited to the Prius II, that infringe at
least claims 1 and 2 of the 080 patent.
24. By so making, using, selling, offering to sell within the United
States, or importing into the United States the aforementioned products, the
Toyota Defendants have infringed and continue to infringe the 080 patent, either
literally or by equivalents, and either directly or indirectly by inducing
infringement or contributing to the infringement of the 080 patent.
25. In addition to their direct infringement of the 080 patent, the Toyota
Defendants are liable by actively inducing direct infringement by distributors,

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retailers, and end-users who sell, offer for sale, purchase, and/or use the
aforementioned vehicles.
26. The Toyota Defendants acts of infringement of the 080 patent as
alleged above have injured Fernandez and thus Fernandez is entitled to recover
damages adequate to compensate him for that infringement, which in no event
can be less than a reasonable royalty.
27. On October 15, 2009, Fernandez notified the Toyota Defendants, in
writing, that his patent rights in the 080 patent applied to the accused Toyota
vehicles. Despite knowledge of their infringement of the 080 patent, the Toyota
Defendants continued to infringe that patent. The Toyota Defendants therefore
willfully infringed the 080 patent.
COUNT III: INFRINGEMENT OF U.S. PATENT NO. 7,980,341
28. The Toyota Defendants have been and are now making, using,
selling, offering for sale within the United States, or importing into the United
States, hybrid vehicles, including, but not limited to the 2010 Prius, that infringe
at least claims 1, 2, 3, and 4 of the 341 patent.
29. By so making, using, selling, offering to sell within the United
States, or importing into the United States the aforementioned products, the
Toyota Defendants have infringed and continue to infringe the 341 patent, either
literally or by equivalents, and either directly or indirectly by inducing
infringement or contributing to the infringement of the 341 patent.
30. In addition to their direct infringement of the 341 patent, the Toyota
Defendants are liable by actively inducing direct infringement by distributors,
retailers, and end-users who sell, offer for sale, purchase, and/or use the
aforementioned vehicles.
31. The Toyota Defendants acts of infringement of the 341 patent as
alleged above have injured Fernandez and thus Fernandez is entitled to recover
damages adequate to compensate him for that infringement, which in no event

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can be less than a reasonable royalty.

PRAYER FOR RELIEF
WHEREFORE, Fernandez prays for entry of judgment:
A. Declaring that the Toyota Defendants have infringed the 003 patent,
one or more claims of the 080 patent, and claims 1, 2, 3, and 4 of the 341 patent.
B. That the Toyota Defendants account for and pay to Fernandez all
damages caused by the infringement of the 003, 080, and 341 patents, which by
statute can be no less than a reasonable royalty;
C. That the Toyota Defendants have willfully infringed the 003 and
080 patents, and that an award of damages in the highest amount allowed by law
be assessed against the Toyota Defendants for the willful infringement.
D. That Fernandez be granted his costs, pre-judgment and post-
judgment interest on the damages caused to him by reason of the Toyota
Defendants infringement of the 003, 080, and 341 patents;
E. That Fernandez be granted his attorneys fees in this action;
F. That costs be awarded to Fernandez;
G. That Fernandez be granted such other and further relief that is just
and proper under the circumstances.
Respectfully submitted:
November 17, 2011



_________________________
Alan Kindred
Ivan Posey
KINDRED | POSEY

Matthew J.M. Prebeg
Pro Hac Vice Pending
Stephen W. Abbott
Pro Hac Vice Pending
Christopher M. Faucett

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Pro Hac Vice Pending
CLEARMAN | PREBEG LLP

Attorneys for Plaintiff,
Dennis Fernandez


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JURY DEMAND

Pursuant to Rule 38(b), F. R. Civ. P., plaintiff hereby demands a jury trial
on all issues triable by a jury, including those issues of Defendants
Counterclaims.

Respectfully submitted:
November 17, 2011



_________________________
Alan Kindred
Ivan Posey
KINDRED | POSEY

Matthew J.M. Prebeg
Pro Hac Vice Pending
Stephen W. Abbott
Pro Hac Vice Pending
Christopher M. Faucett
Pro Hac Vice Pending
CLEARMAN | PREBEG LLP

Attorneys for Plaintiff,
Dennis Fernandez
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