Ibormeith IP, L.L.C. v. Mercedes-Benz USA, L.L.C., No. 10-5378; U.S. District Court (DNJ); opinion by Hochberg, U.S.D.J.; filed September 5, 2012. DDS No. 53-7-xxxx [24 pp.]
Plaintiff Ibormeith IP, L.L.C., filed this action claiming defendants Mercedes-Benz USA, L.L.C., and Daimler AG infringed its U.S. Patent No. 6,313,749, titled “Sleepiness Detection for Vehicle Driver or Machine Operator.” It asserts that Mercedes’ Attention Assist feature infringes claims 1, 5, 8 and 9 of the patent. Claims 5 and 8 depend from claim 1 and therefore contain each claim limitation in that claim. Claims 1 and 9 both contain a “computational means” limitation, which the parties agree is a means-plus-function limitation performed by a computer and governed by 35 U.S.C. § 112 ¶ 6.
