Bentley Bentayga in the Cross-Hairs of Jaguar Land Rover Regarding Patent Infringement
OK gearheads, are you familiar with Jaguar Land Rover’s patented and award-winning Terrain Response® technologies? Me neither, but apparently Bentley is; and will become even more aware of it as they are forced to defend a patent infringement lawsuit that was filed last week.
Jaguar’s patent infringement complaint explains the issues for us, as well as the patent, namely U.S. Patent No. USRE46828 (“the ’828 patent”) entitled “Vehicle Control,” that is at the heart of the lawsuit.
The complaint explains the issue:
11 Bentley became aware of the ’776 patent at least as early as February 5, 2016. On February 5, 2016, JLR sent a letter to Bentley identifying that the Bentley Bentayga having a “Driver Assistance” system infringes the ’776 patent.
12 On or about February 5, 2018, representatives from JLR met with representatives from Bentley, and informed Bentley that JLR had received a Notice of Allowance for the ’828 patent and expected it to be granted shortly.
13 On May 24, 2018, JLR sent a letter to Bentley indicating that the ’828 patent had issued on May 8, 2018, and reiterating that the Bentley Bentayga infringes.
JLR’s PATENTED TERRAIN RESPONSE® TECHNOLOGY
14 For almost seventy years, JLR has manufactured and sold some of the most innovative and technologically advanced four-wheel drive Sports Utility Vehicles (SUVs) in the world. This rich history of innovation continues today and is reflected in JLR’s current line-up of award winning SUVs: Jaguar F-Pace, Land Rover Discovery Sport, Land Rover Discovery, Range Rover Evoque, Range Rover Velar, Range Rover Sport, and The Range Rover.
15 Among the groundbreaking technologies in these vehicles are JLR’s patented Terrain Response® technologies.
16 JLR’s Terrain Response® technology electronically controls various vehicle subsystems (for example, but not limited to, the engine, the transmission, the brakes, the traction control, the suspension and the steering) to operate in a manner that is suitable for driving on a particular off-road surface. A driver-operable input permits the driver to select from a plurality of off-road driving surfaces, such as Grass/Gravel/Snow, Mud and Ruts, Sand, and Rocks, and the Terrain Response® controller instructs each of the subsystems to operate in a manner or mode that is suitable for driving on the selected surface. Unlike prior driving-mode systems, JLR’s patented Terrain Response® technology provides multiple off-road driving surface modes, and controls multiple subsystems to operate differently depending on the selected surface. See Technology Guide: Terrain Response, Land Rover (July 27, 2015), available at https://www.landrover.co.uk/explore-land-rover/one-life/technology/technology-guide-terrainresponse.html.
17 JLR’s Terrain Response® enables the vehicle driver to optimize operation of the subsystems and negotiate different terrains, which permits safer and more effective vehicle progression when driving off-road.
18 JLR’s Terrain Response® technology has received significant recognition in the automotive industry. For example, in 2008, Terrain Response® won the prestigious Queen’s Award for Innovation. Land Rover Wins Two Queen’s Awards, The Manufacturer (June 27, 2008), available at https://www.themanufacturer.com/articles/land-rover-wins-two-queensawards/.
19 JLR’s Terrain Response® technology has been included as a standard or costoption feature across several of JLR’s vehicles since 2008. Terrain Response® is currently a standard feature on the Land Rover Discovery Sport, Land Rover Discovery, Range Rover Evoque, Range Rover Velar, Range Rover Sport, and Range Rover.
BENTLEY’S ALL TERRAIN SPECIFICATION FOR THE BENTLEY BENTAYGA
20 Bentley designs, develops, manufactures and sells luxury motor vehicles. In 2016, Bentley launched its first SUV, the Bentayga, which is a direct competitor to JLR’s Range Rover model. From launch, Bentayga has been equipped with a so-called Drive Dynamics system that is available with a cost-option called “All Terrain Specification” which provides four off-road settings: “Snow, Ice & Wet Grass,” “Dirt & Gravel,” “Mud & Trail,” and “Sand.” See, e.g., Bentley Bentayga Mini Brochure, at 19, available at http://fblod.com/wpcontent/uploads/2015/05/150908_bentayga-mini-brochure.pdf.
21 On information and belief, the off-road settings in the All Terrain Specification adjust, for example, Bentayga’s electronic stability-control system, traction-control system, engine, gearbox, and suspension settings to improve performance on different off-road driving surfaces. See, e.g., Bentley Bentayga SUV Equipment, Accessories & Interior (Aug. 3, 2016), available at https://www.parkers.co.uk/bentley/bentayga/features-safety-and-equipment.
22 On information and belief, the All Terrain Specification is installed on all Bentley Bentayga models imported into and sold in the U.S.
23 On information and belief, Bentley knowingly copied the Terrain Response® system installed on JLR’s Range Rover.
24 Bentley’s Bentayga including the All Terrain Specification infringes the ’828 patent either literally or under the doctrine of equivalents. Bentley’s manufacture, use, sale, offer for sale, and/or importation of these infringing products is damaging and will continue to damage JLR, causing irreparable harm, for which there is no adequate remedy at law, unless Bentley’s wrongful acts are enjoined by this Court.
.
.
.
COUNT ONE – INFRINGEMENT OF THE ’828 PATENT
29 JLR repeats and realleges the allegations of Paragraphs 1 through 28 above as if fully set forth herein.
30 Bentley has directly infringed and continues to infringe at least claims 21, 41, and 46 of the ’828 patent by making, using, offering for sale within the United States and/or importing into the United States its Bentayga.
31 Claim 21 of the ’828 patent discloses:
A vehicle control system having a driver input device for selecting a driving surface,
the vehicle control system arranged to control a plurality of vehicle subsystems each of which is operable in a plurality of subsystem configuration modes,
wherein the vehicle control system is operable in a plurality of driving modes in each of which it is arranged to select the subsystem configuration modes in a manner suitable for a respective driving surface, and
further wherein the plurality of driving modes includes at least two off-road modes in which the subsystem configurations are controlled in a manner suitable for driving on respective off-road driving surfaces, and an on-road mode in which the subsystem configurations are controlled in a manner suitable for driving onroad and
still further wherein one of the off-road modes is a sand mode in which the vehicle subsystems are controlled in a manner suitable for driving on sand.
32 On information and belief, Bentley’s Bentayga with All Terrain Specification satisfies all the limitations of claim 21 of the ’828 patent.
33 Claim 21 of the ’828 patent recites: “A vehicle control system having a driver input device for selecting a driving surface . . .”
34 Bentley’s Bentayga with All Terrain Specification satisfies this limitation. The Bentayga with All Terrain Specification comprises a “Drive Dynamics” vehicle control system having a rotary switch by which the driver is able to select one of a plurality of driving modes, each suitable for driving on a respective driving surface. Specifically: “The available modes are selectable using the rotary switch on the front centre console. The selected mode is indicated by an illuminated LED around the rotary switch…” See, e.g., Bentley Bentayga Mini Brochure, at , available at http://fblod.com/wp-content/uploads/2015/05/150908_bentayga-minibrochure.pdf; Bentley Bentayga Owner’s Manual at 247-48.
35 Claim 21 of the ’828 patent further recites: “the vehicle control system arranged to control a plurality of vehicle subsystems each of which is operable in a plurality of subsystem configuration modes . . .”
36. Bentley’s Bentayga with All Terrain Specification satisfies this limitation. The Bentayga’s “Drive Dynamics modes allow you to optimise the car for your preferred driving style. There are four standard modes and four Responsive Off-Road Settings (when the vehicle is fitted with the All-Terrain Specification). Each mode configures multiple vehicle systems to optimise the vehicle response and your driving experience.” Bentley Bentayga Owner’s Manual at 247-48.
37. The vehicle systems controlled include, inter alia, the engine, the gearbox, Electronic Stability Control (ESC), Electronic Differential lock (EDL), Hill Descent Control (HDC), suspension ride height and lock function, and dynamic ride system. See, e.g., id. at 259.
38. Each of these systems is operable in a plurality of configuration modes. “With a choice of more than ten engine transmission and suspension calibrations, variable ride heights and a highly versatile Drive Dynamics Mode, the Bentayga suits any driving style, on any road. Even where there is no road.” Bentley Bentayga Dealer Brochure, at 27, accessible at http://images.bentleylongisland.com/web/model-brochures/bentayga.pdf; see also id. at 29.
39. By way of example, the Electronic Stability Control (ESC) is operable in at least three different configuration modes: On, All-Terrain Mode and ESC/ASR Off. See, e.g., Bentley Bentayga Owner’s Manual at 133.
40. By way of further example, the suspension is operable in at least three different configuration modes in which vehicle ride height is adjusted: Normal mode, Raised mode and Off-Road mode. See, e.g., id. at 244-45.
41. In addition, the Hill Descent Control system may be in activated mode or deactivate mode. See, e.g., id. at 248-49.
Click here to read more…
Clearly a technology that JLR values and intends to defend! Can’t afford a Jaguar or Bentley, try this t-shirt on for size.
I look forward to following this case & bringing you lots of great coverage in the future on this blog directed to innovation! Please share it with your friends and colleagues to help inspire us. Thank you.
Dave Dawsey – The Automotive Patent Lawyer
PS – please follow me on Twitter (@EatMyRubberTech) and sign-up to receive posts via email.
