Case 2:20-cv-00060-JRG Document 1 Filed 02/28/20 Page 1 of 23 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.
`
`
`ASROCK INC.; ASROCK INDUSTRIAL
`COMPUTER INC.; and ASROCK RACK
`INC.,
`
`
`Defendants.
`
`
`
`Case No.
`
`JURY TRIAL DEMANDED
`
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`
`
`Plaintiff Elite Gaming Technology, LLC. (“EGT” or “Plaintiff”) for its Complaint against
`
`Defendants ASRock Inc. (“AsRock Inc.”), ASRock Industrial Computer Inc. (“ASRock
`
`Industrial”), ASRock Rack Inc. (“ASRock Rack”) (ASRock, ASRock Industrial, and ASRock
`
`Rack are collectively referred to as “ASRock” or “Defendants”), alleges as follows:
`
`THE PARTIES
`
`1.
`
`EGT is a limited liability company organized and existing under the laws of the
`
`State of Texas, with its principal place of business located at 102 E. Crockett Street, Marshall,
`
`Texas 75670.
`
`2.
`
`Upon information and belief, Defendant AsRock Inc. is a corporation organized
`
`and existing under the laws of Taiwan, with its principal place of business located at Jhongyang
`
`South Rd, Section 2 2F, No 37, Beitou District Taipei, Taiwan, and may be served pursuant to
`
`the provisions of the Hague Convention. Defendant ASRock Industrial Computer is a
`
`corporation organized and existing under the laws of Taiwan, with its principal place of business
`
`located at 7F., No.9, Ln. 79, Ligong St., Beitou Dist. Taipei City, Taiwan (R.O.C.) 112, TW.
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`

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`Case 2:20-cv-00060-JRG Document 1 Filed 02/28/20 Page 2 of 23 PageID #: 2
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`Defendant ASRock Rack is a corporation organized and existing under the laws of Taiwan, with
`
`its principal place of business located at 4F., No.37, Sec. 2, Jhongyang S. Rd., Beitou District,
`
`Taipei City 112, Taiwan (R.O.C.). ASRock Inc., ASRock Industrial, and ASRock Rack are a
`
`leading manufacturer and seller of laptops, motherboards, and servers in the world and in the
`
`United States. Upon information and belief, ASRock does business in Texas and in the Eastern
`
`District of Texas, directly or through intermediaries.
`
`JURISDICTION
`
`3.
`
`This is an action for patent infringement arising under the patent laws of the
`
`United States, 35 U.S.C. §§ 1, et seq. This Court has jurisdiction over this action pursuant to 28
`
`U.S.C. §§ 1331 and 1338(a).
`
`4.
`
`This Court has personal jurisdiction over Defendants. Defendants regularly
`
`conduct business and have committed acts of patent infringement and/or have induced acts of
`
`patent infringement by others in this Judicial District and/or have contributed to patent
`
`infringement by others in this Judicial District, the State of Texas, and elsewhere in the United
`
`States.
`
`5.
`
`Venue is proper in this Judicial District pursuant to 28 U.S.C. § 1391 because,
`
`among other things, Defendants are not residents in the United States, and thus may be sued in
`
`any judicial district pursuant to 28 U.S.C. § 1391(c)(3).
`
`6.
`
`Defendants are subject to this Court’s jurisdiction pursuant to due process and/or
`
`the Texas Long Arm Statute due at least to their substantial business in this State and Judicial
`
`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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`2
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`Case 2:20-cv-00060-JRG Document 1 Filed 02/28/20 Page 3 of 23 PageID #: 3
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`
`PATENTS-IN-SUIT
`
`7.
`
`On November 8, 2005, the United States Patent and Trademark Office duly and
`
`legally issued U.S. Patent No. 6,963,947 (the “’947 Patent”) entitled “Driver Supporting Bridge
`
`Method and Apparatus.” A true and correct copy of the ’947 Patent is available at:
`
`http://pdfpiw.uspto.gov/.piw?PageNum=0&docid=06963947.
`
`8.
`
`On March 16, 2004, the United States Patent and Trademark Office duly and
`
`legally issued U.S. Patent No. 6,708,045 (the “’045 Patent”) entitled “Easily Reconfigured and
`
`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.
`
`On March 20, 2007, the United States Patent and Trademark Office duly and
`
`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:
`
`http://pdfpiw.uspto.gov/.piw?Docid=07194613.
`
`10.
`
`On September 14, 2004, the United States Patent and Trademark Office duly and
`
`legally issued U.S. Patent No. 6,791,799 (the “’799 Patent”) entitled “Digital Device
`
`Configuration and Method.” A true and correct copy of the ’799 Patent is available at:
`
`http://pdfpiw.uspto.gov/.piw?Docid=06791799.
`
`11.
`
`On December 6, 2005, the United States Patent and Trademark Office duly and
`
`legally issued U.S. Patent No. 6,973,535 (the “’535 Patent”) entitled “Digital Device
`
`Configuration and Method.” A true and correct copy of the ’535 Patent is available at:
`
`http://pdfpiw.uspto.gov/.piw?Docid=06973535.
`
`12.
`
`EGT is the sole and exclusive owner of all right, title, and interest in the ’947
`
`Patent, the ’045 Patent, the ’613 Patent, the ’799 Patent, and the ’535 Patent, (collectively, the
`
`3
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`

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`Case 2:20-cv-00060-JRG Document 1 Filed 02/28/20 Page 4 of 23 PageID #: 4
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`“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 infringement lawsuit. EGT also has the
`
`right to recover all damages for past, present, and future infringement of the Patents-in-Suit and
`
`to seek injunctive relief as appropriate under the law.
`
`13.
`
`EGT has at all times complied with the marking provisions of 35 U.S.C. § 287
`
`with respect to the Patents-in-Suit. On information and belief, prior assignees and licensees have
`
`also complied with the marking provisions of 35 U.S.C. § 287.
`
`FACTUAL ALLEGATIONS
`
`14.
`
`The Patents-in-Suit generally cover systems and methods for use in motherboards,
`
`laptops, and desktop PCs.
`
`15.
`
`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
`
`multiple level PCI buses. The technology described by the ’947 Patent was developed by
`
`inventors Alexei Piatesky and Frank W. Ahern. For example, this technology is implemented in
`
`motherboards which contain PCI bridges so that multiple motherboard components work
`
`compatibly. Infringing motherboards, PCs, and laptops include bridge drivers to allow
`
`communications between otherwise incompatible buses.
`
`16.
`
`The ’045 Patent generally relates to configurable radio card and wireless terminal.
`
`The technology described in the ’045 Patent was developed by Hong Lieu Winston, Cheng
`
`Wang, David Kiley, and Charles Chia-Yi Pai. For example, the technology is implemented by
`
`infringing motherboards, laptops and PCs which push updates to a radio card device.
`
`17.
`
`The ’613, Patent generally relates to communication protocols for serial
`
`peripheral devices. The technology described in the ’613 Patent was developed by Jude J.
`
`4
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`Case 2:20-cv-00060-JRG Document 1 Filed 02/28/20 Page 5 of 23 PageID #: 5
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`Katsch. For example, the technology is implemented by motherboards, laptops, and desktop PCs
`
`which determine if a peripheral device is branded, and if not, the peripheral device is initialized.
`
`18.
`
`The ’799 Patent and the ’535 Patent generally relates to digital storage apparatus
`
`with rotatable magnetic media and head arrangements for accessing the media. The technology
`
`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
`
`example, the technology is implemented by infringing, laptops and PCs that contain Hard Disk
`
`Drives (HDDs) having a serial interface and utilize a flexible circuit stiffener with a ramp
`
`arrangement configured for receiving the actuator arm in a parked position.
`
`19.
`
`Third parties Western Digital (“WD”) and Hitachi Global Storage Technologies
`
`(“HGST”) supply Hard Disk Drives (“HDDs”) that implement the infringing technologies.
`
`These hard drives include WD Blue, Black, Red, Purple, and Gold drives, as well as HGST
`
`Ultrastar, Travelstar, Deskstar, Endurastar, and Cinemastar drives. ASRock makes, uses, sells,
`
`and/or imports computers, such as desktops, laptops, tablets, and servers that include one or more
`
`WD and/or HGST HDDs. For example, upon information and belief, these infringing computers
`
`include the ASRock computers that include one or more WD and/or HGST HDDs, such as the
`
`HGST Travelstar 5k1500.
`
`20.
`
`ASRock 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,
`
`sell, offer to sell, and/or importing, products including motherboards, desktop PCs, laptop
`
`computers, and associated software that infringes the Patents-in-Suit.
`
`COUNT I
`(Infringement of the ’947 Patent)
`
`Paragraphs 1 through 20 are incorporated by reference as if fully set forth herein.
`
`
`21.
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`5
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`Case 2:20-cv-00060-JRG Document 1 Filed 02/28/20 Page 6 of 23 PageID #: 6
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`22.
`
`EGT has not licensed or otherwise authorized Defendants to make, use, offer for
`
`sale, sell, or import any products that embody the inventions of the ’947 Patent.
`
`23.
`
`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
`
`satisfy each and every limitation of one or more claims of the ’947 Patent. Such products
`
`include motherboards that utilize the Intel X299, IntelZ370, Intel X99, Intel Z270, Intel H370,
`
`Intel H310, Intel B365, Intel B360, Intel B250, Intel H81, Intel Q270, Intel H110, Intel C246,
`
`Intel C422, AMD TRX40, AMD X570, AMD X470, AMD X399, AMD X370, AMD B450,
`
`AMD B350, AMD A320 Chipsets that include bridge drivers to allow communications between
`
`otherwise incompatible buses. For example, the above chipsets allow for communication
`
`between the graphics, memory, PCI, USB, and I/O communicate with one another through the
`
`use of drivers. On information and belief, such ASRock products include at least the ASRock
`
`AQUA, PHANTOM GAMING, CREATOR, TAICHI, STEEL LEGEND, EXTREME, PRO,
`
`OC FORMULA, FATAL1TY GAMING, 4X4, CAB, COM, IMB, N3150, N3350, N4200, NAB,
`
`NUC, SBC, SOM, STX, UTX motherboards.
`
`24.
`
`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
`
`communication bus to a second communication bus via a bridge. Upon information and belief,
`
`ASRock’s bridge drivers are adapted to rebalance a multi-level PCI bridge-based computer
`
`system.
`
`25.
`
`For example, the X570 AQUA Gaming motherboard is compatible with the AMD
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`6
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`Case 2:20-cv-00060-JRG Document 1 Filed 02/28/20 Page 7 of 23 PageID #: 7
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`X570 chipset. The chipset allows communication between graphics, graphics, memory, PCI,
`
`USB, and I/O through the use of drivers:
`
`26.
`
`The “support” section of the motherboard webpage, included for each of
`
`ASRock’s motherboards, provides links to downloadable drivers which aid in communication
`
`
`
`between graphics, graphics, memory, PCI, USB, and I/O:
`
`
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`7
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`Case 2:20-cv-00060-JRG Document 1 Filed 02/28/20 Page 8 of 23 PageID #: 8
`Case 2:20-cv-00060-JRG Document 1 Filed 02/28/20 Page 8 of 23 PagelD #: 8
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`Case 2:20-cv-00060-JRG Document 1 Filed 02/28/20 Page 9 of 23 PageID #: 9
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`
`
`27.
`
`Defendants have and continue to indirectly infringe one or more claims of the
`
`’947 Patent by knowingly and intentionally inducing others, including ASRock 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.
`
`28.
`
`Defendants, with knowledge that these products, or the use thereof, infringe the
`
`’947 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 ’947 Patent by
`
`providing these products to end users for use in an infringing manner.
`
`29.
`
`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
`
`9
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`Case 2:20-cv-00060-JRG Document 1 Filed 02/28/20 Page 10 of 23 PageID #: 10
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`willfully blind to the infringement.
`
`30.
`
`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.
`
`31.
`
`EGT has suffered, and will continue to suffer, irreparable harm as a result of
`
`Defendants’ infringement of the ’947 Patent, for which there is no adequate remedy at law,
`
`unless Defendants’ infringement is enjoined by this Court.
`
`COUNT II
`(Infringement of the ’045 Patent)
`
`Paragraphs 1 through 20 are incorporated by reference as if fully set forth herein.
`
`EGT has not licensed or otherwise authorized Defendants to make, use, offer for
`
`
`32.
`
`33.
`
`sale, sell, or import any products that embody the inventions of the ’045 Patent.
`
`34.
`
`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
`
`chips devices containing memory which receive updates and information. Infringing
`
`motherboards, laptops, and PCs which utilize Bluetooth, allow for exchanges of data using ultra
`
`high frequency radio waves. On information and belief, such ASRock products include at least
`
`the ASRock motherboards such as the AQUA, PHANTOM GAMING, CREATOR, TAICHI,
`
`STEEL LEGEND, EXTREME, FATAL1TY GAMING motherboards; ASRock laptops such as
`
`the G22, G32, F14, F24, and M15 laptops; ASRock desktop and all-in-one PCs such as the
`
`DESKMINI, JUPITER, BEEBOX, BOX, IBOX, IEC, and M8 PCs, and ASRock routers such as
`
`the X10, G10, and H2R routers that have built in Bluetooth chips devices containing memory
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`10
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`Case 2:20-cv-00060-JRG Document 1 Filed 02/28/20 Page 11 of 23 PageID #: 11
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`which receive updates and information.
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`35.
`
`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
`
`first wireline radio card interface for receiving said first hardware definition and a computer
`
`comprising a modem for receiving said first hardware definition via a data network and a second
`
`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.
`
`36.
`
`For example, the ASRock X570 AQUA contains a Bluetooth radio card with
`
`memory:
`
`37.
`
`The ASRock X570 AQUA comprises a computer with a modem:
`
`11
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`Case 2:20-cv-00060-JRG Document 1 Filed 02/28/20 Page 12 of 23 PageID #: 12
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`38.
`
`The ASRock X570 AQUA pushes updates and information, such as a driver
`
`update, from a data network, through a wireline radio card interface for storage in the Bluetooth
`
`radio card’s first alterable memory:
`
`
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`12
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`Case 2:20-cv-00060-JRG Document 1 Filed 02/28/20 Page 13 of 23 PageID #: 13
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`
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`39.
`
`Defendants have and continue to indirectly infringe one or more claims of the
`
`’045 Patent by knowingly and intentionally inducing others, including ASRock 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.
`
`40.
`
`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.
`
`41.
`
`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
`
`13
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`Case 2:20-cv-00060-JRG Document 1 Filed 02/28/20 Page 14 of 23 PageID #: 14
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`willfully blind to the infringement.
`
`42.
`
`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.
`
`43.
`
`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 20 are incorporated by reference as if fully set forth herein.
`
`EGT has not licensed or otherwise authorized Defendants to make, use, offer for
`
`
`44.
`
`45.
`
`sale, sell, or import any products that embody the inventions of the ’613 Patent.
`
`46.
`
`Defendants have and continue to directly infringe the ’613 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 ’613 Patent. On information and
`
`belief, such ASRock products include at least the ASRock motherboards such as the AQUA,
`
`PHANTOM GAMING, CREATOR, TAICHI, STEEL LEGEND, EXTREME, PRO, OC
`
`FORMULA, FATAL1TY GAMING, 4X4, CAB, COM, IMB, N3150, N3350, N4200, NAB,
`
`NUC, SBC, SOM, STX, UTX motherboards; ASRock laptops such as the G22, G32, F14, F24,
`
`and M15 laptops; ASRock desktop and all-in-one PCs such as the DESKMINI, JUPITER,
`
`BEEBOX, BOX, IBOX, IEC, and M8 PCs that utilize Inter-Integrated Circuit (I²C)1 and System
`
`Management Bus (SMBus) protocols2 to initialize and brand host devices connected to a
`
`                                                            
`1 https://www.nxp.com/docs/en/application‐note/AN10216.pdf
`2 http://smbus.org/specs/index.html
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`14
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`Case 2:20-cv-00060-JRG Document 1 Filed 02/28/20 Page 15 of 23 PageID #: 15
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`communication bus.
`
`47.
`
`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 ASRock motherboard, laptops, and desktops and all-in-
`
`one PCs that utilize SMBus protocols, such as the ASRock X570 AQUA.
`
`48.
`
`Upon information and belief, the X570 AQUA utilizes SMBus protocol, which is
`
`updated and controlled through its chipset drivers:
`
`
`
`
`
`49.
`
`Upon information and belief, the ASRock X570 AQUA 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,
`
`15
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`Case 2:20-cv-00060-JRG Document 1 Filed 02/28/20 Page 16 of 23 PageID #: 16
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`and brands the device3:
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`                                                            
`3 http://smbus.org/specs/index.html (Pgs. 15, 61, 62) 
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`16
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`Case 2:20-cv-00060-JRG Document 1 Filed 02/28/20 Page 17 of 23 PageID #: 17
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`50.
`
`Defendants have and continue to indirectly infringe one or more claims of the
`
`’613 Patent by knowingly and intentionally inducing others, including ASRock 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 ASRock X570 AQUA.
`
`51.
`
`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.
`
`17
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`Case 2:20-cv-00060-JRG Document 1 Filed 02/28/20 Page 18 of 23 PageID #: 18
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` 
`
`52.
`
`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.
`
`53.
`
`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.
`
`54.
`
`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 20 are incorporated by reference as if fully set forth herein.
`
`EGT has not licensed or otherwise authorized Defendants to make, use, offer for
`
`
`55.
`
`56.
`
`sale, sell, or import any products that embody the inventions of the ’799 Patent.
`
`57.
`
`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 ASRock products include at least the
`
`ASRock JUPITER and BEEBOX, BOX, IBOX, IEC PCs and Asrock servers including the
`
`EPYC, ROME, C2750, X470, C622, C621, TR-KNL, OCP3-1L, F, G, G+, 2T, 4L, WSI, WS,
`
`18
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`

`

`Case 2:20-cv-00060-JRG Document 1 Filed 02/28/20 Page 19 of 23 PageID #: 19
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` 
`
`C242, E3C2, and C246 servers that include one or more WD and/or HGST HDDs.
`
`58.
`
`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.
`
`59.
`
`The Travelstar 5k1500 included in one or more ASRock 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.
`
`60.
`
`Defendants have and continue to indirectly infringe one or more claims of the
`
`’799 Patent by knowingly and intentionally inducing others, including ASRock 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.
`
`61.
`
`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.
`
`19
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`

`

`Case 2:20-cv-00060-JRG Document 1 Filed 02/28/20 Page 20 of 23 PageID #: 20
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` 
`
`62.
`
`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.
`
`63.
`
`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.
`
`64.
`
`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 20 are incorporated by reference as if fully set forth herein.
`
`EGT has not licensed or otherwise authorized Defendants to make, use, offer for
`
`
`65.
`
`66.
`
`sale, sell, or import any products that embody the inventions of the ’535 Patent.
`
`67.
`
`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 ASRock products include at least the ASRock JUPITER and
`
`BEEBOX, BOX, IBOX, IEC PCs and Asrock servers including the EPYC, ROME, C2750,
`
`X470, C622, C621, TR-KNL, OCP3-1L, F, G, G+, 2T, 4L, WSI, WS, C242, E3C2, and C246
`
`servers that include one or more WD and/or HGST HDDs.
`
`20
`
`

`

`Case 2:20-cv-00060-JRG Document 1 Filed 02/28/20 Page 21 of 23 PageID #: 21
`
` 
`
`68.
`
`For example, Defendants have and continue to directly infringe at least claim 1 of
`
`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.
`
`69.
`
`The Travelstar 5k1500 included in one or more ASRock 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.
`
`70.
`
`Defendants have and continue to indirectly infringe one or more claims of the
`
`’535 Patent by knowingly and intentionally inducing others, including ASRock 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.
`
`71.
`
`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.
`
`72.
`
`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.
`
`73.
`
`EGT has suffered damages as a result of Defendants’ direct and indirect
`
`21
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`

`

`Case 2:20-cv-00060-JRG Document 1 Filed 02/28/20 Page 22 of 23 PageID #: 22
`
` 
`
`infringement of the ’535 Patent in an amount to be proved at trial.
`
`74.
`
`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,
`
`unless Defendants’ infringement is enjoined by this Court.
`
`DEMAND FOR JURY TRIAL
`
`Plaintiff hereby demands a jury for all issues so triable.
`
`PRAYER FOR RELIEF
`
`WHEREFORE, EGT prays for relief against Defendants as follows:
`
`a.
`
`Entry of judgment declaring that Defendants have directly and/or indirectly
`
`infringed one or more claims of each of the Patents-in-Suit;
`
`b.
`
`An order pursuant to 35 U.S.C. § 283 permanently enjoining Defendants, their
`
`officers, agents, servants, employees, attorneys, and those persons in active concert or
`
`participation with them, from further acts of infringement of the Patents-in-Suit;
`
`c.
`
`An order awarding damages sufficient to compensate EGT for Defendants’
`
`infringement of the Patents-in-Suit, but in no event less than a reasonable royalty, together with
`
`interest and costs;
`
`d.
`
`Entry of judgment declaring that this case is excepti