Case 2:20-cv-00059-JRG Document 1 Filed 02/28/20 Page 1 of 25 PageID #: 1
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`
`ELITE GAMING TECHNOLOGY, LLC.,
`
`
`Plaintiff,
`
`
`
`v.
`
`
`ASUSTEK COMPUTER INC. and ASUS
`GLOBAL PTE. LTD.,
`
`
`
`
`
`
`
` Defendants.
`
`
`
`Case No.
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`JURY TRIAL DEMANDED
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`
`
`COMPLAINT FOR PATENT INFRINGEMENT
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`
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`Plaintiff Elite Gaming Technology, LLC. (“EGT” or “Plaintiff”) for its Complaint against
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`Defendants AsusTek Computer Inc. (“AsusTek”) and Asus Global Pte. Ltd. (“Asus Global”)
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`(AsusTek and Asus Global are collectively referred to as “Asus” or “Defendants”), alleges as
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`follows:
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`THE PARTIES
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`1.
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`EGT is a limited liability company organized and existing under the laws of the
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`State of Texas, with its principal place of business located at 102 E. Crockett Street, Marshall,
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`Texas 75670.
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`2.
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`Upon information and belief, Defendant AsusTek Computer Inc. is a corporation
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`organized and existing under the laws of Taiwan, with its principal place of business located at
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`No. 15, Li-Te Road, Beitou District, Taipei 112, Taiwan, and may be served pursuant to the
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`provisions of the Hague Convention. Defendant Asus Global Pte. Ltd. is a corporation organized
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`and existing under the laws of Singapore, with its principal place of business located at 15A
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`Changi Business Park Central 1, #05-01 Eightrium, Singapore, 486035, Singapore. Asus Global
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`is a leading manufacturer and seller of smartphones and tablets in the world and in the United
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`States. Upon information and belief, Asus does business in Texas and in the Eastern District of
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`Texas, directly or through intermediaries.
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`JURISDICTION
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`3.
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`This is an action for patent infringement arising under the patent laws of the
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`United States, 35 U.S.C. §§ 1, et seq. This Court has jurisdiction over this action pursuant to 28
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`U.S.C. §§ 1331 and 1338(a).
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`4.
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`This Court has personal jurisdiction over Defendants. Defendants regularly
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`conduct business and have committed acts of patent infringement and/or have induced acts of
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`patent infringement by others in this Judicial District and/or have contributed to patent
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`infringement by others in this Judicial District, the State of Texas, and elsewhere in the United
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`States.
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`5.
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`Venue is proper in this Judicial District pursuant to 28 U.S.C. § 1391 because,
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`among other things, Defendants are not residents in the United States, and thus may be sued in
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`any judicial district pursuant to 28 U.S.C. § 1391(c)(3).
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`6.
`
`Defendants are subject to this Court’s jurisdiction pursuant to due process and/or
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`the Texas Long Arm Statute due at least to their substantial business in this State and Judicial
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`District, including (a) at least part of their past infringing activities, (b) regularly doing or
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`soliciting business in Texas, and/or (c) engaging in persistent conduct and/or deriving substantial
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`revenue from goods and services provided to customers in Texas.
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`PATENTS-IN-SUIT
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`7.
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`On November 8, 2005, the United States Patent and Trademark Office duly and
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`legally issued U.S. Patent No. 6,963,947 (the “’947 Patent”) entitled “Driver Supporting Bridge
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`2
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`Method and Apparatus.” A true and correct copy of the ’947 Patent is available at:
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`http://pdfpiw.uspto.gov/.piw?PageNum=0&docid=06963947.
`
`8.
`
`On March 16, 2004, the United States Patent and Trademark Office duly and
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`legally issued U.S. Patent No. 6,708,045 (the “’045 Patent”) entitled “Easily Reconfigured and
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`Upgraded Radio Card and Wireless Terminal.” A true and correct copy of the ’045 Patent is
`
`available at: http://pdfpiw.uspto.gov/.piw?Docid=06708045.
`
`9.
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`On March 20, 2007, the United States Patent and Trademark Office duly and
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`legally issued U.S. Patent No. 7,194,613 (the “’613 Patent”) entitled “Communication Protocol
`
`for Serial Peripheral Devices.” A true and correct copy of the ’613 Patent is available at:
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`http://pdfpiw.uspto.gov/.piw?Docid=07194613.
`
`10.
`
`On September 14, 2004, the United States Patent and Trademark Office duly and
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`legally issued U.S. Patent No. 6,791,799 (the “’799 Patent”) entitled “Digital Device
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`Configuration and Method.” A true and correct copy of the ’799 Patent is available at:
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`http://pdfpiw.uspto.gov/.piw?Docid=06791799.
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`11.
`
`On December 6, 2005, the United States Patent and Trademark Office duly and
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`legally issued U.S. Patent No. 6,973,535 (the “’535 Patent”) entitled “Digital Device
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`Configuration and Method.” A true and correct copy of the ’535 Patent is available at:
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`http://pdfpiw.uspto.gov/.piw?Docid=06973535.
`
`12.
`
`On August 14, 2012, the United States Patent and Trademark Office duly and
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`legally issued U.S. Patent No. RE43,587 (the “’587 Patent”) entitled “Method and Apparatus for
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`Controlling a Computing System” A true and correct copy of the ’587 Patent is available at:
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`http://pdfpiw.uspto.gov/.piw?Docid=RE043587.
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`13.
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`On March 29, 2016 the United States Patent and Trademark Office duly and
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`3
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`Case 2:20-cv-00059-JRG Document 1 Filed 02/28/20 Page 4 of 25 PageID #: 4
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`legally issued U.S. Patent No. 9,298,280 (the “’280 Patent”) entitled “Method and Apparatus for
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`Controlling a Computing System.” A true and correct copy of the ’280 Patent is available at:
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`http://pdfpiw.uspto.gov/.piw?Docid=09298280.
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`14.
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`EGT is the sole and exclusive owner of all right, title, and interest in the ’947
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`Patent, the ’045 Patent, the ’613 Patent, the ’799 Patent, the ’535 Patent, the ’587, and the ’280
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`Patent (collectively, the “Patents-in-Suit”), and holds the exclusive right to take all actions
`
`necessary to enforce its rights to the Patents-in-Suit, including the filing of this patent
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`infringement lawsuit. EGT also has the right to recover all damages for past, present, and future
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`infringement of the Patents-in-Suit and to seek injunctive relief as appropriate under the law.
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`15.
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`EGT has at all times complied with the marking provisions of 35 U.S.C. § 287
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`with respect to the Patents-in-Suit. On information and belief, prior assignees and licensees have
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`also complied with the marking provisions of 35 U.S.C. § 287.
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`FACTUAL ALLEGATIONS
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`16.
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`The Patents-in-Suit generally cover systems and methods for use in motherboards,
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`laptops, and desktop PCs.
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`17.
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`The ’947 Patent generally relates to technology for dynamically rebalancing PCI
`
`to PCI bridges to overcome Operating System, BIOS, and Chipset limitations to allow for
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`multiple level PCI buses. The technology described by the ’947 Patent was developed by
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`inventors Alexei Piatesky and Frank W. Ahern. For example, this technology is implemented in
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`motherboards which contain PCI bridges so that multiple motherboard components work
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`compatibly. Infringing motherboards, PCs, and laptops include bridge drivers to allow
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`communications between otherwise incompatible buses.
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`18.
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`The ’045 Patent generally relates to configurable radio card and wireless terminal.
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`The technology described in the ’045 Patent was developed by Hong Lieu Winston, Cheng
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`Wang, David Kiley, and Charles Chia-Yi Pai. For example, the technology is implemented by
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`infringing motherboards, laptops and PCs which push updates to a radio card device.
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`19.
`
`The ’613, Patent generally relates to communication protocols for serial
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`peripheral devices. The technology described in the ’613 Patent was developed by Jude J.
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`Katsch. For example, the technology is implemented by motherboards, laptops, and desktop PCs
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`which determine if a peripheral device is branded, and if not, the peripheral device is initialized.
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`20.
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`The ’799 Patent and the ’535 Patent generally relates to digital storage apparatus
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`with rotatable magnetic media and head arrangements for accessing the media. The technology
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`described in the ’799 Patent was developed by John F. Fletcher and the technology described in
`
`the ’535 Patent was developed by Curtis H. Bruner, Lance R. Carlson, and Jeffrey E. Mast. For
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`example, the technology is implemented by infringing, laptops and PCs that contain Hard Disk
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`Drives (HDDs) having a serial interface and utilize a flexible circuit stiffener with a ramp
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`arrangement configured for receiving the actuator arm in a parked position.
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`21.
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`Third parties Western Digital (“WD”) and Hitachi Global Storage Technologies
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`(“HGST”) supply Hard Disk Drives (“HDDs”) that implement the infringing technologies.
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`These hard drives include WD Blue, Black, Red, Purple, and Gold drives, as well as HGST
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`Ultrastar, Travelstar, Deskstar, Endurastar, and Cinemastar drives. Asus makes, uses, sells,
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`and/or imports computers, such as desktops, laptops, tablets, and servers that include one or more
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`WD and/or HGST HDDs. For example, upon information and belief, these infringing computers
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`include the Asus computers that include one or more WD and/or HGST HDDs, such as the
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`HGST Travelstar 5k1500.
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`22.
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`The ’587 Patent and the ’280 Patent generally relates to computer devices having
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`5
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`modified one or more of the operating states or displayed content. The technology described in
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`the ’587 and ’280 Patents was developed by John T. Orchard and Christopher R. Uhlik. For
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`example, the technology is implemented by infringing laptops and PCs that contain motion
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`detection sensors and a motion control agent which modify one or more of the operating states of
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`the computing device based on input from motion detectors.
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`23.
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`Asus has infringed and is continuing to infringe the Patents-in-Suit by making,
`
`using, selling, offering to sell, and/or importing, and by actively inducing others to make, use,
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`sell, offer to sell, and/or importing, products including motherboards, desktop PCs, laptop
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`computers, and associated software that infringes the Patents-in-Suit.
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`COUNT I
`(Infringement of the ’947 Patent)
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`Paragraphs 1 through 23 are incorporated by reference as if fully set forth herein.
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`EGT has not licensed or otherwise authorized Defendants to make, use, offer for
`
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`24.
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`25.
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`sale, sell, or import any products that embody the inventions of the ’947 Patent.
`
`26.
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`Defendants have and continue to directly infringe the ’947 Patent, either literally
`
`or under the doctrine of equivalents, without authority and in violation of 35 U.S.C. § 271, by
`
`making, using, offering to sell, selling, and/or importing into the United States products that
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`satisfy each and every limitation of one or more claims of the ’947 Patent. Such products
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`include motherboards that utilize the Intel X299, IntelZ370, Intel X99, Intel Z270, Intel H370,
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`Intel H310, Intel B365, Intel B360, Intel B250, Intel H81, Intel Q270, Intel H110, Intel C246,
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`Intel C422, AMD TRX40, AMD X570, AMD X470, AMD X399, AMD X370, AMD B450,
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`AMD B350, AMD A320 Chipsets that include bridge drivers to allow communications between
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`otherwise incompatible buses. For example, the above chipsets allow for communication
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`between the graphics, memory, PCI, USB, and I/O communicate with one another through the
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`use of drivers. On information and belief, such Asus products include at least the Asus H110M,
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`H81, MAXIMUS, P10S, PRIME A320, PRIME B250, PRIME B350, PRIME B360, PRIME
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`B450, PRIME H270, PRIME H310, PRIME H370, PRIME Q270M, PRIME X299, PRIME
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`X370, PRIME X399, PRIME X470, PRIME X570, PRIME Z270, PRIME Z370, PRIME Z390,
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`Pro WS, ROG CROSSHAIR, ROG DOMINUS, ROG MAXIMUS, ROG RAMPAGE, ROG
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`STRIX, ROG ZENITH, SABERTOOTH, TUF B350, TUF B360, TUF B365, TUF B450, TUF
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`GAMING, TUF H310, TUF H370, TUF X299, TUF X470, TUF Z370, TUF Z390, WS C246,
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`WS C422, WS X299, X99, Z10, Z170, Z270 motherboards.
`
`27.
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`For example, Defendants have and continue to directly infringe at least claim 1 of
`
`the ’947 Patent by making, using, offering to sell, selling, and/or importing into the United States
`
`motherboards that contain a bridge driver adapted to permit communications from a first
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`communication bus to a second communication bus via a bridge. Upon information and belief,
`
`Asus’s bridge drivers are adapted to rebalance a multi-level PCI bridge-based computer system.
`
`28.
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`For example, the ROG STRIX X570-E Gaming motherboard is compatible with
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`the AMD X570 chipset. The chipset allows communication between graphics, graphics,
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`memory, PCI, USB, and I/O through the use of drivers:
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`29.
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`The “support” section of the motherboard webpage, included for each of Asus’s
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`motherboards, provides links to downloadable drivers which aid in communication between
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`
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`graphics, graphics, memory, PCI, USB, and I/O:
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`8
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`30.
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`Defendants have and continue to indirectly infringe one or more claims of the
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`’947 Patent by knowingly and intentionally inducing others, including Asus customers and end-
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`users, to directly infringe, either literally or under the doctrine of equivalents, by making, using,
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`offering to sell, selling and/or importing into the United States products that include infringing
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`technology.
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`31.
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`Defendants, with knowledge that these products, or the use thereof, infringe the
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`’947 Patent at least as of the date of this Complaint, knowingly and intentionally induced, and
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`continues to knowingly and intentionally induce, direct infringement of the ’947 Patent by
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`providing these products to end users for use in an infringing manner.
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`32.
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`Defendants induced infringement by others, including end users, with the intent to
`
`cause infringing acts by others or, in the alternative, with the belief that there was a high
`
`probability that others, including end users, infringe the ’947 Patent, but while remaining
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`willfully blind to the infringement.
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`33.
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`EGT has suffered damages as a result of Defendants’ direct and indirect
`
`infringement of the ’947 Patent in an amount to be proved at trial.
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`34.
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`EGT has suffered, and will continue to suffer, irreparable harm as a result of
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`Defendants’ infringement of the ’947 Patent, for which there is no adequate remedy at law,
`
`unless Defendants’ infringement is enjoined by this Court.
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`COUNT II
`(Infringement of the ’045 Patent)
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`Paragraphs 1 through 23 are incorporated by reference as if fully set forth herein.
`
`EGT has not licensed or otherwise authorized Defendants to make, use, offer for
`
`
`35.
`
`36.
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`sale, sell, or import any products that embody the inventions of the ’045 Patent.
`
`37.
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`Defendants have and continue to directly infringe the ’045 Patent, either literally
`
`or under the doctrine of equivalents, without authority and in violation of 35 U.S.C. § 271, by
`
`making, using, offering to sell, selling, and/or importing into the United States products that
`
`satisfy each and every limitation of one or more claims of the ’045 Patent. Such products
`
`include computer devices, motherboards, laptops, phones and PCs that have built in Bluetooth
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`chips devices containing memory which receive updates and information. Infringing
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`motherboards, laptops, and PCs which utilize Bluetooth, allow for exchanges of data using ultra
`
`high frequency radio waves. On information and belief, such Asus products include at least the
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`Asus motherboards such as the H110M, H81, MAXIMUS, P10S, PRIME A320, PRIME B250,
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`10
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`PRIME B350, PRIME B360, PRIME B450, PRIME H270, PRIME H310, PRIME H370,
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`PRIME Q270M, PRIME X299, PRIME X370, PRIME X399, PRIME X470, PRIME X570,
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`PRIME Z270, PRIME Z370, PRIME Z390, Pro WS, ROG CROSSHAIR, ROG DOMINUS,
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`ROG MAXIMUS, ROG RAMPAGE, ROG STRIX, ROG ZENITH, SABERTOOTH, TUF
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`B350, TUF B360, TUF B365, TUF B450, TUF GAMING, TUF H310, TUF H370, TUF X299,
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`TUF X470, TUF Z370, TUF Z390, WS C246, WS C422, WS X299, X99, Z10, Z170, Z270
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`motherboards;  Asus laptops such as the ASUS TRANSFORMER, C20S2a, CHROMEBOOK,
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`L402YA, X509, PRO, R420MA, ROG, TUF, VIVOBOOK, ZENBOOK, MOTHERSHIP,
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`ZEPHYRUS laptops; Asus desktop and all-in-one PCs such as the VIVOPC, ROG, GAMING,
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`VIVIMINI, PN, PB, PROART, BUSINESS, STICK, CHROMEBOX, CHROMEBIT, ZEN AiO,
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`VIVO AiO, ASUSPRO PCs; Asus Tablets such as the ASUS CHROMEBOOK, MeMo Pad,
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`ZENPAD, and TRANSFORMER PAD Tablets; Asus phones such as the ROG GAMING
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`PHONE, ZENFONE, MAXPLUS, AR, and LIVE phones that have built in Bluetooth chips
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`devices containing memory which receive updates and information.
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`38.
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`For example, Defendants have and continue to directly infringe at least claim 1 of
`
`the ’045 Patent by making, using, offering to sell, selling, and/or importing into the United States
`
`products that include a radio card, with a first alterable memory for storing a first hardware
`
`definition, a radio comprising reconfigurable hardware that is defined by a first hard definition, a
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`first wireline radio card interface for receiving said first hardware definition and a computer
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`comprising a modem for receiving said first hardware definition via a data network and a second
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`wireline radio card interface for providing said first hardware definition to said radio card for
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`storage in said first alterable memory.
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`39.
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`For example, the Asus ROG ZEPHYRUS S GX502 contains a Bluetooth radio
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`11
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`card with memory:
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`40.
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`The Asus ROG ZEPHYRUS S GX502 comprises a computer with a modem:
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`41.
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`The Asus ROG ZEPHYRUS S GX502 pushes updates and information, such as a
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`driver update, from a data network, through a wireline radio card interface for storage in the
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`Bluetooth radio card’s first alterable memory:
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`12
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`42.
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`Defendants have and continue to indirectly infringe one or more claims of the
`
`’045 Patent by knowingly and intentionally inducing others, including Asus customers and end-
`
`users, to directly infringe, either literally or under the doctrine of equivalents, by making, using,
`
`offering to sell, selling and/or importing into the United States products that include infringing
`
`technology.
`
`43.
`
`Defendants, with knowledge that these products, or the use thereof, infringe the
`
`’045 Patent at least as of the date of this Complaint, knowingly and intentionally induced, and
`
`continue to knowingly and intentionally induce, direct infringement of the ’045 Patent by
`
`providing these products to end users for use in an infringing manner.
`
`44.
`
`Defendants induced infringement by others, including end users, with the intent to
`
`cause infringing acts by others or, in the alternative, with the belief that there was a high
`
`probability that others, including end users, infringe the ’045 Patent, but while remaining
`
`willfully blind to the infringement.
`
`45.
`
`EGT has suffered damages as a result of Defendants’ direct and indirect
`
`infringement of the ’045 Patent in an amount to be proved at trial.
`
`46.
`
`EGT has suffered, and will continue to suffer, irreparable harm as a result of
`
`Defendants’ infringement of the ’045 Patent, for which there is no adequate remedy at law,
`
`unless Defendants’ infringement is enjoined by this Court.
`
`COUNT III
`(Infringement of the ’613 Patent)
`
`Paragraphs 1 through 23 are incorporated by reference as if fully set forth herein.
`
`EGT has not licensed or otherwise authorized Defendants to make, use, offer for
`
`
`47.
`
`48.
`
`sale, sell, or import any products that embody the inventions of the ’613 Patent.
`
`49.
`
`Defendants have and continue to directly infringe the ’613 Patent, either literally
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`13
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`or under the doctrine of equivalents, without authority and in violation of 35 U.S.C. § 271, by
`
`making, using, offering to sell, selling, and/or importing into the United States products that
`
`satisfy each and every limitation of one or more claims of the ’613 Patent. On information and
`
`belief, such Asus products include at least the Asus motherboards such as the H110M, H81,
`
`MAXIMUS, P10S, PRIME A320, PRIME B250, PRIME B350, PRIME B360, PRIME B450,
`
`PRIME H270, PRIME H310, PRIME H370, PRIME Q270M, PRIME X299, PRIME X370,
`
`PRIME X399, PRIME X470, PRIME X570, PRIME Z270, PRIME Z370, PRIME Z390, Pro
`
`WS, ROG CROSSHAIR, ROG DOMINUS, ROG MAXIMUS, ROG RAMPAGE, ROG STRIX,
`
`ROG ZENITH, SABERTOOTH, TUF B350, TUF B360, TUF B365, TUF B450, TUF
`
`GAMING, TUF H310, TUF H370, TUF X299, TUF X470, TUF Z370, TUF Z390, WS C246,
`
`WS C422, WS X299, X99, Z10, Z170, Z270 motherboards;  Asus laptops such as the ASUS
`
`TRANSFORMER, C20S2a, CHROMEBOOK, L402YA, X509, PRO, R420MA, ROG, TUF,
`
`VIVOBOOK, ZENBOOK, MOTHERSHIP, ZEPHYRUS laptops; Asus desktop and all-in-one
`
`PCs such as the VIVOPC, ROG, GAMING, VIVIMINI, PN, PB, PROART, BUSINESS,
`
`STICK, CHROMEBOX, CHROMEBIT, ZEN AiO, VIVO AiO, ASUSPRO PCs that utilize
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`Inter-Integrated Circuit (I²C)1 and System Management Bus (SMBus) protocols2 to initialize and
`
`brand host devices connected to a communication bus.
`
`50.
`
`For example, Defendants have and continue to directly infringe at least claim 1 of
`
`the ’613 Patent by making, using, offering to sell, selling, and/or importing into the United States
`
`products that initialize and brand host devices connected to a communication bus. The
`
`infringing systems include one or more Asus motherboard, laptops, and desktops and all-in-one
`
`PCs that utilize SMBus protocols, such as the Asus ROG ZEPHYRUS S GX502.
`                                                            
`1 https://www.nxp.com/docs/en/application‐note/AN10216.pdf
`2 http://smbus.org/specs/index.html
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`51.
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`Upon information and belief, the Asus ROG ZEPHYRUS S GX502 utilizes
`
`SMBus protocol, which is updated and controlled through its chipset drivers:
`
`
`
`
`
`52.
`
`Upon information and belief, the Asus ROG ZEPHYRUS S GX502 utilizes a
`
`method of initializing devices connected to a communication bus by a host device, determines
`
`which devices are branded or unbranded, and if there are no branded devices, sends a first focus
`
`command to a device connected to the communication bus, returns configuration information,
`
`and brands the device3:
`
`                                                            
`3 http://smbus.org/specs/index.html (Pgs. 15, 61, 62) 
`
`15
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`Case 2:20-cv-00059-JRG Document 1 Filed 02/28/20 Page 16 of 25 PageID #: 16
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`
`
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`
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`53.
`
`Defendants have and continue to indirectly infringe one or more claims of the
`
`’613 Patent by knowingly and intentionally inducing others, including Asus customers and end-
`
`users, to directly infringe, either literally or under the doctrine of equivalents, by making, using,
`
`offering to sell, selling and/or importing into the United States products that include infringing
`
`technology that utilize SMBus protocols, such as the Asus ROG ZEPHYRUS S GX502.
`
`54.
`
`Defendants, with knowledge that these products, or the use thereof, infringe the
`
`’613 Patent at least as of the date of this Complaint, knowingly and intentionally induced, and
`
`continue to knowingly and intentionally induce, direct infringement of the ’613 Patent by
`
`providing these products to end users for use in an infringing manner.
`
`16
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`Case 2:20-cv-00059-JRG Document 1 Filed 02/28/20 Page 17 of 25 PageID #: 17
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`55.
`
`Defendants induced infringement by others, including end users, with the intent to
`
`cause infringing acts by others or, in the alternative, with the belief that there was a high
`
`probability that others, including end users, infringe the ’613 Patent, but while remaining
`
`willfully blind to the infringement.
`
`56.
`
`EGT has suffered damages as a result of Defendants’ direct and indirect
`
`infringement of the ’613 Patent in an amount to be proved at trial.
`
`57.
`
`EGT has suffered, and will continue to suffer, irreparable harm as a result of
`
`Defendants’ infringement of the ’613 Patent, for which there is no adequate remedy at law,
`
`unless Defendants’ infringement is enjoined by this Court.
`
`COUNT IV
`(Infringement of the ’799 Patent)
`
`Paragraphs 1 through 23 are incorporated by reference as if fully set forth herein.
`
`EGT has not licensed or otherwise authorized Defendants to make, use, offer for
`
`
`58.
`
`59.
`
`sale, sell, or import any products that embody the inventions of the ’799 Patent.
`
`60.
`
`Defendants have and continue to directly infringe the ’799 Patent, either literally
`
`or under the doctrine of equivalents, without authority and in violation of 35 U.S.C. § 271, by
`
`making, using, offering to sell, selling, and/or importing into the United States products that
`
`satisfy each and every limitation of one or more claims of the ’799 Patent. Such products
`
`include computer devices, such as laptops, desktops and servers that utilize rotatable magnetic
`
`media with an actuator arm, a flexible circuit arrangement with a flexible circuit stiffener, and a
`
`ramp arrangement that is directly attachable to the flexible circuit stiffener and is configured to
`
`receive the actuator arm. On information and belief, such Asus products include at least the
`
`Asus RS, TS, and ES server and workstation product lines, and the Asus ROG, Gaming, Vivo,
`
`Zen, FX, and ZX series laptop and desktop computers that include one or more WD and/or
`
`17
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`Case 2:20-cv-00059-JRG Document 1 Filed 02/28/20 Page 18 of 25 PageID #: 18
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`
`HGST HDDs.
`
`61.
`
`For example, Defendants have and continue to directly infringe at least claim 1 of
`
`the ’799 Patent by making, using, offering to sell, selling, and/or importing into the United States
`
`products that include an actuator arm, a flexible circuit arrangement with a flexible circuit
`
`stiffener, and a ramp arrangement that is directly attachable to the flexible circuit stiffener and is
`
`configured to receive the actuator arm, such as the HGST Travelstar 5k1500.
`
`62.
`
`The Travelstar 5k1500 included in one or more Asus computers and/or servers is
`
`a small computer system interface (SCSI) device or the equivalent thereof. The Travelstar
`
`5k1500 is supported with an actuator arm, a flexible circuit arrangement with a flexible circuit
`
`stiffener, and a ramp arrangement that is directly attachable to the flexible circuit stiffener and is
`
`configured to receive the actuator arm.
`
`63.
`
`Defendants have and continue to indirectly infringe one or more claims of the
`
`’799 Patent by knowingly and intentionally inducing others, including Asus customers and end-
`
`users, to directly infringe, either literally or under the doctrine of equivalents, by making, using,
`
`offering to sell, selling and/or importing into the United States products that include infringing
`
`technology, such as laptops, desktops, and servers that utilize rotatable magnetic media with an
`
`actuator arm, a flexible circuit arrangement with a flexible circuit stiffener, and a ramp
`
`arrangement that is directly attachable to the flexible circuit stiffener and is configured to receive
`
`the actuator arm.
`
`64.
`
`Defendants, with knowledge that these products, or the use thereof, infringe the
`
`’799 Patent at least as of the date of this Complaint, knowingly and intentionally induced, and
`
`continue to knowingly and intentionally induce, direct infringement of the ’799 Patent by
`
`providing these products to end users for use in an infringing manner.
`
`18
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`

`Case 2:20-cv-00059-JRG Document 1 Filed 02/28/20 Page 19 of 25 PageID #: 19
`
` 
`
`65.
`
`Defendants induced infringement by others, including end users, with the intent to
`
`cause infringing acts by others or, in the alternative, with the belief that there was a high
`
`probability that others, including end users, infringe the ’799 Patent, but while remaining
`
`willfully blind to the infringement.
`
`66.
`
`EGT has suffered damages as a result of Defendants’ direct and indirect
`
`infringement of the ’799 Patent in an amount to be proved at trial.
`
`67.
`
`EGT has suffered, and will continue to suffer, irreparable harm as a result of
`
`Defendants’ infringement of the ’799 Patent, for which there is no adequate remedy at law,
`
`unless Defendants’ infringement is enjoined by this Court.
`
`COUNT V
`(Infringement of the ’535 Patent)
`
`Paragraphs 1 through 23 are incorporated by reference as if fully set forth herein.
`
`EGT has not licensed or otherwise authorized Defendants to make, use, offer for
`
`
`68.
`
`69.
`
`sale, sell, or import any products that embody the inventions of the ’535 Patent.
`
`70.
`
`Defendants have and continue to directly infringe the ’535 Patent, either literally
`
`or under the doctrine of equivalents, without authority and in violation of 35 U.S.C. § 271, by
`
`making, using, offering to sell, selling, and/or importing into the United States products that
`
`satisfy each and every limitation of one or more claims of the ’535 Patent. Such products
`
`include computer devices, such as laptops, desktops and servers that utilize rotatable magnetic
`
`media with an actuator arm, an external serial interface, a host serial interface, and a serial router.
`
`On information and belief, such Asus products include at least the Asus RS, TS, and ES server
`
`and workstation product lines, and the Asus ROG, Gaming, Vivo, Zen, FX, and ZX series laptop
`
`and desktop computers that include one or more WD and/or HGST HDDs.
`
`71.
`
`For example, Defendants have and continue to directly infringe at least claim 1 of
`
`19
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`

`

`Case 2:20-cv-00059-JRG Document 1 Filed 02/28/20 Page 20 of 25 PageID #: 20
`
` 
`
`the ’535 Patent by making, using, offering to sell, selling, and/or importing into the United States
`
`products that include an external serial interface, a host serial interface, and a serial router, such
`
`as the HGST Travelstar 5k1500.
`
`72.
`
`The Travelstar 5k1500 included in one or more Asus computers and/or servers is
`
`a small computer system interface (SCSI) device or the equivalent thereof. On information and
`
`belief, the Travelstar 5k1500 is supported with an actuator arm, an external serial interface, a
`
`host serial interface, and a serial router.
`
`73.
`
`Defendants have and continue to indirectly infringe one or more claims of the
`
`’535 Patent by knowingly and intentionally inducing others, including Asus customers and end-
`
`users, to directly infringe, either literally or under the doctrine of equivalents, by making, using,
`
`offering to sell, selling and/or importing into the United States products that include infringing
`
`technology, such as laptops, desktops, and servers that utilize rotatable magnetic media with an
`
`actuator arm, an external serial interface, a host serial interface, and a serial router.
`
`74.
`
`Defendants, with knowledge that these products, or the use thereof, infringe the
`
`’535 Patent at least as of the date of this Complaint, knowingly and intentionally induced, and
`
`continues to knowingly and intentionally induce, direct infringement of the ’535 Patent by
`
`providing these products to end users for use in an infringing manner.
`
`75.
`
`Defendants induced infringement by others, including end users, with the intent to
`
`cause infringing acts by others or, in the alternative, with the belief that there was a high
`
`probability that others, including end users, infringe the ’535 Patent, but while remaining
`
`willfully blind to the infringement.
`
`76.
`
`EGT has suffered damages as a result of Defendants’ direct and indirect
`
`infringement of the ’535 Patent in an amount to be proved at trial.
`
`20
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`

`

`Case 2:20-cv-00059-JRG Document 1 Filed 02/28/20 Page 21 of 25 PageID #: 21
`
` 
`
`77.
`
`EGT has suffered, and will continue to suffer, irreparable harm as a result of
`
`Defendants’ infringement of the ’535 Patent, for which there is no adequate remedy at law,
`