Case 2:21-cv-00076-JRG Document 1 Filed 03/05/21 Page 1 of 23 PageID #: 1
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`M-RED INC.,
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`
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`v.
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`NINTENDO CO., LTD.,
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`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`§
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`§
`Case No.
`§
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`JURY TRIAL DEMANDED
`§
`§
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`§
`§
`§
`§
`§
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`COMPLAINT FOR PATENT INFRINGEMENT
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`Plaintiff,
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`Defendant.
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`
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`Plaintiff M-Red Inc. (“M-Red” or “Plaintiff”) for its Complaint against Defendant
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`Nintendo Co., Ltd. (“Defendant” or “Nintendo”) alleges as follows:
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`THE PARTIES
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`1.
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`M-Red is a corporation organized and existing under the laws of the State of Texas,
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`with its principal place of business located at 100 W. Houston Street, Marshall, Texas 75670.
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`2.
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`Upon information and belief, Defendant Nintendo is a corporation organized and
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`existing under the laws of Japan, with its principal place of business located at 1-1 Hokotate-cho,
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`Kamitoba, Minami-ku, Kyoto, Japan. Nintendo may be served with process pursuant to the
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`provisions of the Hague Convention. Nintendo may also be served with process by serving the
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`Texas Secretary of State at 1019 Brazos Street, Austin, Texas 78701 as its agent for service because
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`it engages in business in Texas but has not designated or maintained a resident agent for service
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`of process in Texas as required by statute.
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`3.
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`Nintendo is a leading manufacturer and seller of consumer electronics and handheld
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`game consoles in the United States. Upon information and belief, Defendant does business in
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`Texas and in the Eastern District of Texas, directly or through intermediaries.
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`Case 2:21-cv-00076-JRG Document 1 Filed 03/05/21 Page 2 of 23 PageID #: 2
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`JURISDICTION
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`4.
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`This is an action for patent infringement arising under the patent laws of the United
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`States, 35 U.S.C. §§ 1, et seq. This Court has jurisdiction over this action pursuant to 28 U.S.C.
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`§§ 1331 and 1338(a).
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`5.
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`This Court has personal jurisdiction over Defendant. Defendant regularly conducts
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`business and has committed acts of patent infringement and/or has induced acts of patent
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`infringement by others in this Judicial District and/or has contributed to patent infringement by
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`others in this Judicial District, the State of Texas, and elsewhere in the United States.
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`6.
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`Defendant is subject to this Court’s jurisdiction pursuant to due process and/or the
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`Texas Long Arm Statute due at least to its substantial business in this State and Judicial District,
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`including (a) at least part of its past infringing activities, (b) regularly doing or soliciting business
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`in Texas, and/or (c) engaging in persistent conduct and/or deriving substantial revenue from goods
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`and services provided to customers in Texas.
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`7.
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`For example, Nintendo has done and continues to do business in Texas;
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`(ii) Nintendo has committed and continues to commit acts of patent infringement in the State of
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`Texas, including making, using, offering to sell, and/or selling Accused Products in Texas, and/or
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`importing Accused Products into Texas, including by Internet sales and sales via retail and
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`wholesale stores, inducing others to commit acts of patent infringement in Texas, and/or
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`committing at least a portion of any other infringements alleged herein; and (iii) Nintendo regularly
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`places its products within the stream of commerce—directly, through subsidiaries, or through third
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`parties—with the expectation and knowledge that such products, such as consoles and accessories,
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`will be shipped to, sold, or used in Texas and elsewhere in the United States. Accordingly,
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`Nintendo has established minimum contacts within Texas and purposefully availed itself of the
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`Case 2:21-cv-00076-JRG Document 1 Filed 03/05/21 Page 3 of 23 PageID #: 3
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`benefits of Texas, and the exercise of personal jurisdiction over Nintendo would not offend
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`traditional notions of fair play and substantial justice.
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`8.
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`Nintendo purposefully directs and controls the sale of the Accused Products into
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`established United States distribution channels, including sales to nationwide retailers and for sale
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`in Texas. Nintendo further places the Accused Products into international supply chains, knowing
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`that the Accused Products will be sold in the United States, including Texas.
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`9.
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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, Defendant does not reside in the United States, and thus may be sued in any
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`judicial district pursuant to 28 U.S.C. § 1391(c)(3).
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`PATENTS-IN-SUIT
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`10.
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`On February 8, 2005 the United States Patent and Trademark Office duly and
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`legally issued U.S. Patent No. 6,853,259 (the “’259 Patent”) entitled “Ring oscillator dynamic
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`adjustments for auto calibration.” A true and correct copy of the ’259 Patent is attached hereto as
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`Exhibit A.
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`11.
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`On June 27, 2006 the United States Patent and Trademark Office duly and legally
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`issued U.S. Patent No. 7,068,557 (the “’557 Patent”) entitled “Ring oscillator dynamic adjustments
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`for auto calibration.” A true and correct copy of the ’557 Patent is attached hereto as Exhibit B.
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`12.
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`On April 24, 2007 the United States Patent and Trademark Office duly and legally
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`issued U.S. Patent No. 7,209,401 (the “’401 Patent”) entitled “Ring oscillator dynamic adjustments
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`for auto calibration.” A true and correct copy of the ’401 Patent is attached hereto as Exhibit C.
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`13.
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`On January 23, 2001, the United States Patent and Trademark Office duly and
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`legally issued U.S. Patent No. 6,177,843 (the “’843 Patent”) entitled “Oscillator circuit controlled
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`3
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`by programmable logic.” A true and correct copy of the ’843 Patent is attached hereto as Exhibit
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`D.
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`14.
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`On September 30, 2003, the United States Patent and Trademark Office duly and
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`legally issued U.S. Patent No. 6,628,171 (the “’171 Patent”) entitled “Method, architecture and
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`circuit for controlling and/or operating an oscillator.” A true and correct copy of the ’171 Patent
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`is attached hereto as Exhibit E.
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`15. M-Red is the assignee of all right, title and interest in the ’259 Patent, the ’557
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`Patent, the ’401 Patent, the ’843 Patent, and the ’171 Patent, including the exclusive right to seek
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`damages for past, current, and future infringement.
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`16.
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`The ’259, ’557, and ’401 Patents (the “Norman Patents”) generally describe
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`integrated circuits comprising voltage and temperate sensors which output a voltage and temperate
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`and store the output in memory. The technology was developed by Robert D. Norman and
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`Dominik J. Schmidt. The Norman Patents also describe methods for dynamically adjusting clock
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`frequency based on voltage and temperature values. In some embodiments of the inventions,
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`temperature sensors dynamically monitor environmental parameters and store these parameters on
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`a memory. These temperature monitoring and power saving techniques are incorporated into
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`integrated circuits (“ICs”) and software utilized in Nintendo Accused Products. For example, this
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`functionality is included and utilized in Nvidia System-on-a-Chips (“SoCs”) used in Nintendo
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`Accused Products, such as the Nvidia Tegra X1 included and utilized in the Nintendo Switch. For
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`example, this functionality is included and utilized in Broadcom SoCs used in Nintendo Accused
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`Products, such as the Broadcom BCM4356 used in the Nintendo Switch.
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`17.
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`For example, Nintendo makes, uses, sells, offers for sale, and imports products with
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`Nvidia SoCs, including the Tegra line of SoCs, and associated software, which adjust a clock
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`4
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`Case 2:21-cv-00076-JRG Document 1 Filed 03/05/21 Page 5 of 23 PageID #: 5
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`frequency based on variations in voltage and temperature. For example, Nvidia SoCs enable “GPU
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`DVFS [] using the devfreq framework,” which adjusts clock speeds based on load.1 Upon
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`information and belief, Nvidia SoCs further adjust for frequency drift by adjusting clock speeds
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`based on variations in temperature and voltage. 2 According to Nvidia, the DVFS “algorithm has
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`very fine control over the frequency levels . . . .”3 Additionally, the “[d]uring period of low GPU
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`utilization, GPU clocks and voltage can be dropped to lower levels to greatly reduce idle power
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`consumption. When an incoming task is detected, the frequency and voltage levels are immediately
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`increased to the appropriate operating values to ensure higher performance. The DVFS software
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`intelligently raises the voltage and frequency only up to a level that is required to deliver the
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`performance demanded by the application. .”4
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`18.
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`For example, Nintendo makes, uses, sells, offers for sale, and imports products with
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`Broadcom SoCs including Wireless LAN/Bluetooth Combo chips and embedded processors,
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`which adjust a clock frequency based on variations in voltage and temperature. For example,
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`Broadcom SoCs include “Adaptive Voltage Scaling” (“AVS”) functionality which “also supports
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`[dynamic frequency scaling] and DVFS mode”.5 Broadcom’s AVS functionality adjusts a clock
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`frequency based on at least variations in temperature and voltage.6 For example, Broadcom SoCs
`
`
`1https://docs.nvidia.com/jetson/l4t/index.html#page/Tegra%20Linux%20Driver%20Package%20
`Development%20Guide/introduction.html; see also
`https://docs.nvidia.com/jetson/l4t/index.html#page/Tegra%20Linux%20Driver%20Package%20
`Development%20Guide/power_management_nano.html
`2 See https://www.nvidia.com/en-us/geforce/forums/gaming-pcs/8/116552/ram-bandwidth-200-
`bclk-i3-Lenovo-p7h55/
`3 https://www.nvidia.com/docs/IO/116757/Tegra_4_GPU_Whitepaper_FINALv2.pdf
`4 Id.
`Power vs. Performance Management of the CPU, Qualcomm, (retrieved April 29, 2019),
`https://www.qualcomm.com/news/onq/2013/10/25/power-vs-performance-management-cpu.
`5 https://github.com/torvalds/linux/blob/master/drivers/cpufreq/brcmstb-avs-cpufreq.c
`6 Id.
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`5
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`further include both hardware and software based “frequency drift compensation” which calibrates
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`frequency based on variations in temperature and voltage.7 Broadcom SoCs further include an
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`“advanced WLAN power management unit sequencer. The PMU sequencer provides significant
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`power savings by putting the BCM43569 into various power management states appropriate to the
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`current environment and activities that are being performed. The power management unit enables
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`and disables internal regulators, switches, and other blocks based on a computation of the required
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`resources and a table that describes the relationship between resources and the time needed to
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`enable and disable them. Power up sequences are fully programmable. Configurable, free-running
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`counters (running at 32.768 kHz LPO clock) in the PMU sequencer are used to turn on/turn off
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`individual regulators and power switches. Clock speeds are dynamically changed (or gated
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`altogether) for the current mode.”8 On information and belief, at least all 43xx series Broadcom
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`chips include and utilize WLAN power management units substantially similar to that of the
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`BCM43569.
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`19.
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`The ‘843 and ‘171 Patents (the “Chou Patents”) generally describe methods and
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`apparatuses to present an output signal having a frequency from an oscillator, including and/or
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`utilizing (i) a reference signal, (ii) a control signal and (iii) the output signal. The technology was
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`developed by Richard Chou, Pidugu L. Narayana, and Paul H. Scott. In some embodiments of the
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`invention, a logic circuit may be configured to present the control signal in response to (i) the
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`output signal and (ii) the reference signal. For example, the logic circuit may disable the oscillator
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`when the output signal oscillates outside a predetermined range. In some embodiments of the
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`invention, the oscillator may be implemented as a phase-locked loop (PLL) with reference signal
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`7 https://docs.broadcom.com/doc/12398471 at 2; see also
`https://docs.broadcom.com/doc/1211168567832 at 8.
`8 https://www.cypress.com/file/310246/download at 20.
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`6
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`or as a voltage controlled oscillator (VCO). The signal may prevent the VCO from “running” away
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`by maintaining the frequency of the oscillation of the signal VCO_OUT within a number of
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`predefined criteria that may avoid the runaway condition. These techniques are incorporated into
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`IC and software utilized in Nintendo Accused Products. For example, this functionality is included
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`and utilized in Nvidia System-on-a-Chips (“SoCs”) used in Nintendo Accused Products, such as
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`the Nvidia Tegra X1 included and utilized in the Nintendo Switch. For example, this functionality
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`is included and utilized in Broadcom SoCs used in Nintendo Accused Products, such as the
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`Broadcom BCM4356 used in the Nintendo Switch.
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`20.
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`For example, Nintendo makes, uses, sells, offers for sale, and imports products
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`using Broadcom and Nvidia SoCs with “watchdog” functionality that infringes the Chou Patents.
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`For example, the Accused Products use Linux-based SoCs that implement watchdog functionality
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`through hardware (e.g., a hardware circuit corresponding with a device node in a /dev/watchdog
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`directory), and software (e.g., a kernel timer in a /dev/watchdog directory and/or other platform-
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`specific implementations).9
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`21.
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`For example, Nvidia SoCs include watchdog functionality that “when turned on,
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`has a timer that starts decrementing… When the timeout condition occurs, the WDT1 hardware
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`sends a reset signal to the CPU that causes it to reset.”10 The reset signal comprises a control signal
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`in response to an output signal (e.g. an oscillation frequency) and a reference signal (e.g. a
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`reference clock frequency):
`
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`9 https://www.programmersought.com/article/16015070422/;
`https://www.programmersought.com/article/96024752062/#:~:text=Watchdog%20is%20mainly
`%20used%20in,CPU%20runaway%2C%20etc.);
`https://www.programmersought.com/article/42626850394/
`10
`https://docs.nvidia.com/drive/active/5.1.0.2L/nvvib_docs/index.html#page/DRIVE_OS_Linux_S
`DK_Development_Guide/Interfaces/WDT.html
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`7
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`11
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`22.
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`For example, upon information and belief, the Broadcom 43xx series WiFi SoCs
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`include and utilize at least an external reference clock and a low power oscillator to implement
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`watchdog functionality, such as by comparing an output signal to a reference clock and activating
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`a control signal when certain parameters are violated. 12 For example, similar Broadcom chips
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`used in Android devices further implement watchdog functionality as described above.13
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`23.
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`Nintendo has infringed and is continuing to infringe the ’259, ’557,’401, ’843, and
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`’171 Patents (the “Asserted Patents”) by making, using, selling, offering to sell, and/or importing,
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`and by actively inducing others to make, use, sell, offer to sell and/or import, products that utilize
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`semiconductors including, but not limited to Broadcom, and Nvidia ICs (the “Accused Products”).
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`The Accused Products infringe the Norman and Chou Patents at least because they include ICs
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`including Broadcom SoCs such as, but not limited to, all versions, generations and models of BCM
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`Bluetooth SoCs (e.g. BCM20xx), BCM GNSS/GPS SoCs (e.g. BCM477x, BCM477xx), BCM
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`
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`11
`https://docs.nvidia.com/jetson/l4t/index.html#page/Tegra%20Linux%20Driver%20Package%20
`Development%20Guide/mb1_platform_config_tx2.html
`12 See e.g. https://www.cypress.com/file/310246/download at 23-25.
`13 https://android.googlesource.com/kernel/bcm/+/android-wear-
`5.0.2_r0.5/drivers/watchdog/Kconfig
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`8
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`Wireless LAN/Bluetooth Combo chips (BCM43xxx, BCM43xx), BCM embedded processors (e.g.
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`BCM11xx, BCM11xxx), Broadcom Communications Processors (e.g. BCM587xx, BCM58xx,
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`BCM5301x, XLPxxx), Broadcom Knowledge-Based
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`Processors
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`(e.g. BCM15K,
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`NL/NLAxxxx/xxxxx), Broadcom Multicore Processors (e.g. XLSxxx), Broadcom Ethernet
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`Network Adapters, Stingray SmartNIC Adapters and IC (“Exemplary Broadcom SoCs”); and all
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`Nvidia SoCs such as, but not limited to, all versions, generations, and models of Tegra series chips
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`(e.g. Tegra APX, Tegra 6xx, Tegra 2, Tegra 3, Tegra 4, Tegra K1, Tegra X1) (“Exemplary Nvidia
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`SoCs”).
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`24. M-Red 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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`COUNT I
`(Infringement of the ’259 Patent)
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`25.
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`Paragraphs 1 through 24 are incorporated by reference as if fully set forth herein.
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`26. M-Red has not licensed or otherwise authorized Nintendo to make, use, offer for
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`sale, sell, or import any products that embody the inventions of the ’259 Patent.
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`27.
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`Defendant has and continues to directly infringe the ’259 Patent, either literally or
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`under the doctrine of equivalents, without authority and in violation of 35 U.S.C. § 271, by making,
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`using, offering to sell, selling, and/or importing into the United States products that satisfy each
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`and every limitation of one or more claims of the ’259 Patent. Upon information and belief,
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`Nintendo Accused Products include Nvidia SoCs, such as the Nintendo Switch incorporating a
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`Nvidia SoC such as the Exemplary Nvidia SoCs.
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`28.
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`For example, Defendant has and continues to directly infringe at least claim 1 of
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`the ’259 Patent by making, using, offering to sell, selling, and/or importing into the United States
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`9
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`products that include an apparatus to compensate for voltage and temperature variations on an
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`integrated circuit, such as, for example, the thermal controller components and associated software
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`utilized with the Accused Products such as Nintendo Accused Products that incorporate Exemplary
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`Nvidia SoCs. The Exemplary Nvidia SoCs, such as the SoCs utilized in the Nintendo Switch
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`includes a voltage sensor. The Exemplary Nvidia SoCs each operate at different voltages and
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`frequencies and dynamically adjust these voltages and frequencies based on outputs from sensors.
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`29.
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`Defendant has and continues to directly infringe at least claim 1 of the ’259 Patent
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`by making, using, offering to sell, selling, and/or importing into the United States products that
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`include an apparatus to compensate for voltage and temperature variations on an integrated circuit,
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`comprising: a voltage sensor having a digital voltage output; a temperature sensor having a digital
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`temperature output; a register coupled to the voltage sensor and the temperature sensor, the register
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`adapted to concatenate the digital voltage output and the temperature output into an address output;
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`and a memory device having an address input coupled to the address output of the register, the
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`memory device being adapted to store one or more corrective vectors.
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`30.
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`On information and belief, the Accused Products include SoCs that include a
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`voltage sensor having a voltage output, and a temperature sensor having a temperature output. For
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`example, on information and belief, the Nvidia SoC used in the Nintendo Switch includes a voltage
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`sensor. For example the Exemplary Nvidia SoCs, each include one or more temperature and
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`voltage sensors that provide outputs stored in one or more registers.
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`31.
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`On information and belief, the Nvidia SoCs used in the Nintendo Switch include a
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`register coupled to the voltage sensor and the temperature sensor, the register adapted to
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`concatenate the voltage output and the temperature output into an address output. On information
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`and belief, the Nvidia SoC used in the Nintendo Switch includes one or more registers including
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`10
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`registers that store voltage and temperature information related to the performance of the
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`temperature sensors, the thermal controller, and the voltage states of the SoC and its cores. For
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`example, upon information and belief, the one or more registers of the Exemplary Nvidia SoCs
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`are adapted to combine the digital voltage and temperature in order to determine whether to alter
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`the performance of the processor.
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`32.
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`On information and belief, the Nvidia SoCs used in the Nintendo Switch include a
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`memory device having an address input coupled to the address output of the register, the memory
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`device being adapted to store one or more corrective vectors. On information and belief, the Nvidia
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`SoC used in the Nintendo Switch include RAM, cache memory, and buffer memory to store
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`corrective vectors, such as commands to increase or decrease the frequency and/or voltage of the
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`SoC via, for example, dynamic voltage and frequency scaling (DVFS). For example, the
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`Exemplary Nvidia SoCs each include a DVFS “algorithm [with] very fine control over the
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`frequency levels . . . .”
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`33.
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`Upon information and belief, and as discussed above, Nintendo Accused Products
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`including the Exemplary Broadcom SoCs practice the claimed limitations of the ‘259 Patent in a
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`substantially similar manner to Nintendo Accused Products including the Exemplary Nvidia SoCs.
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`34.
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`Defendant has and continues to indirectly infringe one or more claims of the ’259
`
`Patent by knowingly and intentionally inducing others, including Nvidia customers and end-users
`
`of the Accused Products and products that include the Accused Products, to directly infringe, either
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`literally or under the doctrine of equivalents, by making, using, offering to sell, selling and/or
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`importing into the United States products that include infringing technology, such as the Nintendo
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`Switch incorporating a Nvidia SoC such as the Exemplary Nvidia SoCs.
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`11
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`35.
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`Defendant, with knowledge that these products, or the use thereof, infringe the ’259
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`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 ’259 Patent by providing these
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`products to customers and ultimately to end users for use in an infringing manner in the United
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`States including, but not limited to, end users of products that incorporate Accused Products.
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`36.
`
`Defendant 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
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`that others, including end users, infringe the ’259 Patent, but while remaining willfully blind to the
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`infringement.
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`37. M-Red has suffered damages as a result of Defendant’s direct and indirect
`
`infringement of the ’259 Patent in an amount to be proved at trial.
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`38. M-Red has suffered, and will continue to suffer, irreparable harm as a result of
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`Defendant’s infringement of the ’259 Patent, for which there is no adequate remedy at law, unless
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`Defendant’s infringement is enjoined by this Court.
`
`COUNT II
`(Infringement of the ’557 Patent)
`
`Paragraphs 1 through 24 are incorporated by reference as if fully set forth herein.
`
`39.
`
`40. M-Red has not licensed or otherwise authorized Nintendo to make, use, offer for
`
`sale, sell, or import any products that embody the inventions of the ’557 Patent.
`
`41.
`
`Defendant has and continues to directly infringe the ’557 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 ’557 Patent. Upon information and belief, these
`
`products include Nintendo SoCs and products that incorporate Nintendo SoCs, including at least
`
`12
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`the Exemplary Nintendo SoCs, which are sold in the United States and incorporated by others into
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`products sold in the United States. Upon information and belief, these products further include
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`Nintendo Accused Products incorporating Nvidia SoCs, including at least the Nintendo Switch
`
`incorporating a Nvidia SoC such as the Exemplary Nvidia SoCs.
`
`42.
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`For example, Defendant has and continues to directly infringe at least claim 1 of
`
`the ’557 Patent by making, using, offering to sell, selling, and/or importing into the United States
`
`products that include an integrated circuit comprising a voltage sensor having a voltage input; a
`
`temperature sensor having a temperature input; and a memory capable of receiving an input
`
`address based upon the voltage output and the temperature output, the memory configured to store
`
`compensation data. On information and belief, such integrated circuits include, by way of
`
`example, the Accused Products that include thermal controller components and associated
`
`software such as the Exemplary Nintendo SoCs, products that incorporate the Exemplary Nintendo
`
`SoCs, and Nintendo Accused Products that incorporate Exemplary Nvidia SoCs. For example, the
`
`Accused Products operate at different voltages and frequencies and dynamically adjust these
`
`voltages and frequencies based on outputs from sensors. On information and belief, such
`
`integrated circuits include, by way of example, Nvidia SoCs included in Nintendo Accused
`
`Products such as the Nintendo Switch that include thermal controller components and associated
`
`software, such as the Exemplary Nvidia SoCs. For example, Nvidia SoCs operate at different
`
`voltages and frequencies and dynamically adjust these voltages and frequencies based on outputs
`
`from sensors.
`
`43.
`
`On information and belief, the Accused Products include a voltage sensor having a
`
`voltage output, and a temperature sensor having a temperature output. For example, on
`
`information and belief, the Nvidia SoCs used in Nintendo Products such as the Exemplary Nvidia
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`Case 2:21-cv-00076-JRG Document 1 Filed 03/05/21 Page 14 of 23 PageID #: 14
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`SoCs utilized in the Nintendo Switch, include one or more temperature and voltage sensors that
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`provide outputs.
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`44.
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`On information and belief, the Accused Products further include storage capable of
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`receiving an input address based upon the voltage output and the temperature output, the memory
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`configured to store compensation data. For example, on information and belief, the Nvidia SoCs
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`used in Nintendo Accused Products, such as the Exemplary Nvidia SoCs utilized in the Nvidia
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`Switch, include RAM, cache memory, and buffer memory capable of receiving an input address
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`based upon the voltage output and temperature output, and are configured to store compensation
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`data, such as commands to increase or decrease the frequency and/or voltage of the SoCs. For
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`example, upon information and belief, the Nvidia SoCs incorporated in the Accused Products each
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`include further scale frequency and voltage based on temperature, and apply a frequency
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`calibration to compensate for frequency drift based on changes in temperature.
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`45.
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`Upon information and belief, and as discussed above, Nintendo Accused Products
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`including the Exemplary Broadcom SoCs practice the claimed limitations of the ‘557Patent in a
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`substantially similar manner to Nintendo Accused Products including the Exemplary Nvidia SoCs.
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`46.
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`Defendant has and continues to indirectly infringe one or more claims of the ’557
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`Patent by knowingly and intentionally inducing others, including Nintendo customers and end-
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`users of the Accused Products and products that include the Accused Products, to directly infringe,
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`either literally or under the doctrine of equivalents, by making, using, offering to sell, selling and/or
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`importing into the United States products that include infringing technology, such as the Nintendo
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`Switch incorporating a Nvidia SoC such as the Exemplary Nvidia SoCs.
`
`47.
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`Defendant, with knowledge that these products, or the use thereof, infringe the ’557
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`Patent at least as of the date of this Complaint, knowingly and intentionally induced, and continues
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`Case 2:21-cv-00076-JRG Document 1 Filed 03/05/21 Page 15 of 23 PageID #: 15
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`to knowingly and intentionally induce, direct infringement of the ’557 Patent by providing these
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`products to customers and ultimately to end users for use in an infringing manner in the United
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`States including, but not limited to, end users of products that incorporate Accused Products,
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`48.
`
`Defendant 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
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`that others, including end users, infringe the ’557 Patent, but while remaining willfully blind to the
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`infringement.
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`49. M-Red has suffered damages as a result of Defendant’s direct and indirect
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`infringement of the ’557 Patent in an amount to be proved at trial.
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`50. M-Red has suffered, and will continue to suffer, irreparable harm as a result of
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`Defendant’s infringement of the ’557 Patent, for which there is no adequate remedy at law, unless
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`Defendant’s infringement is enjoined by this Court.
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`COUNT III
`(Infringement of the ’401 Patent)
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`Paragraphs 1 through 24 are incorporated by reference as if fully set forth herein.
`
`51.
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`52. M-Red has not licensed or otherwise authorized Nintendo to make, use, offer for
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`sale, sell, or import any products that embody the inventions of the ’401 Patent.
`
`53.
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`Defendant has and continues to directly infringe the ’401 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
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`and every limitation of one or more claims of the ’401 Patent. Upon information and belief, these
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`products include Nintendo SoCs and products that incorporate Nintendo SoCs, including at least
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`the Exemplary Nintendo SoCs, which are sold in the United States and incorporated by others into
`
`products sold in the United States. Upon information and belief, these products further include
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`Case 2:21-cv-00076-JRG Document 1 Filed 03/05/21 Page 16 of 23 PageID #: 16
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`Nintendo Accused Products incorporating Nvidia SoCs, including at least the Nintendo Switch
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`incorporating a Nvidia SoC such as the Exemplary Nvidia SoCs.
`
`54.
`
`For example, Defendant has and continues to directly infringe at least claim 1 of
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`the ’401 Patent by making, using, offering to sell, selling, and/or importing into the United States
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`products that include an integrated circuit comprising: a voltage sensor having a voltage output; a
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`temperature sensor having a temperature output; an analog-to-digital converter (“ADC”) coupled
`
`to the voltage sensor and the temperature sensor, the ADC to convert the voltage output and the
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`temperature output to digital values; and a storage coupled to receive an input address based upon
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`at least one of the voltage output and temperature output, the storage configured to store
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`compensation data, for example, the thermal controller components and associated software
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`utilized with the Accused Products, such as the Exemplary Nintendo SoCs, products that
`
`incorporate the Exemplary Nintendo SoCs, and Nintendo Accused Products that incorporate
`
`Exemplary Nvidia SoCs. For example, on information and belief, the Exemplary Nvidia SoCs
`
`each include a voltage sensor having a digital voltage output. For example, the Exemplary Nvidia
`
`SoCs incorporated in Nintendo Accused Products operate at different voltages and frequencies and
`
`dynamically adjust these voltages and frequencies based on outputs from sensors.
`
`55.
`
`On information and belief, the Nvidia SoCs used in the Nintendo Switch include a
`
`voltage sensor having a voltage output, and a temperature sensor having a temperature output. For
`
`example, on information and belief, Nvidia SoCs such as the Exemplary Nvidia SoCs,
`
`incorporated in the Nintendo Switch, include one or more temperature and voltage sensors that
`
`provide outputs.
`
`56.
`
`On information and be