LIBERTY PATENTS, LLC,
`
`
`Plaintiff,
`
`
`v.
`
`
`DELL TECHNOLOGIES INC. and
`DELL INC.,
`Defendants.
`
`
`CIVIL ACTION NO. 6:20-cv-944
`
`ORIGINAL COMPLAINT FOR
`PATENT INFRINGEMENT
`
`JURY TRIAL DEMANDED
`
`
`Case 6:20-cv-00944 Document 1 Filed 10/12/20 Page 1 of 48
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`
`
`
`
`
`ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT
`
`
`
`Plaintiff Liberty Patents, LLC (“Liberty Patents” or “Plaintiff”) files this original
`
`complaint against Defendants Dell Technologies, Inc. and Dell Inc. (collectively “Dell” or
`
`“Defendants”), alleging, based on its own knowledge as to itself and its own actions and based
`
`on information and belief as to all other matters, as follows:
`
`PARTIES
`
`1.
`
`Liberty Patents is a limited liability company formed under the laws of the State
`
`of Texas, with its principal place of business at 2325 Oak Alley, Tyler, Texas 75703.
`
`2.
`
`Defendant Dell Technologies Inc. is a corporation organized and existing under
`
`the laws of Delaware. Dell Technologies Inc. may be served with process through its registered
`
`agent, Corporation Service Company located at 251 Little Falls Drive, Wilmington, Delaware
`
`19808.
`
`3.
`
`Defendant Dell Inc. is a corporation organized and existing under the laws of
`
`Delaware. Dell Inc. may be served with process through its registered agent, Corporation
`
`Service Company d/b/a/ CSC-Lawyers Incorporating Service Company, 211 E. 7th Street, Suite
`
`620, Austin, Texas, 78701. Dell Inc. is an indirect subsidiary of Dell Technologies Inc.
`
`
`
`
`Plaintiff,
`
`
`v.
`
`
`DELL TECHNOLOGIES INC. and
`DELL INC.,
`Defendants.
`
`
`CIVIL ACTION NO. 6:20-cv-944
`
`ORIGINAL COMPLAINT FOR
`PATENT INFRINGEMENT
`
`JURY TRIAL DEMANDED
`
`
`Case 6:20-cv-00944 Document 1 Filed 10/12/20 Page 1 of 48
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`
`
`
`
`
`ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT
`
`
`
`Plaintiff Liberty Patents, LLC (“Liberty Patents” or “Plaintiff”) files this original
`
`complaint against Defendants Dell Technologies, Inc. and Dell Inc. (collectively “Dell” or
`
`“Defendants”), alleging, based on its own knowledge as to itself and its own actions and based
`
`on information and belief as to all other matters, as follows:
`
`PARTIES
`
`1.
`
`Liberty Patents is a limited liability company formed under the laws of the State
`
`of Texas, with its principal place of business at 2325 Oak Alley, Tyler, Texas 75703.
`
`2.
`
`Defendant Dell Technologies Inc. is a corporation organized and existing under
`
`the laws of Delaware. Dell Technologies Inc. may be served with process through its registered
`
`agent, Corporation Service Company located at 251 Little Falls Drive, Wilmington, Delaware
`
`19808.
`
`3.
`
`Defendant Dell Inc. is a corporation organized and existing under the laws of
`
`Delaware. Dell Inc. may be served with process through its registered agent, Corporation
`
`Service Company d/b/a/ CSC-Lawyers Incorporating Service Company, 211 E. 7th Street, Suite
`
`620, Austin, Texas, 78701. Dell Inc. is an indirect subsidiary of Dell Technologies Inc.
`
`
`
`Case 6:20-cv-00944 Document 1 Filed 10/12/20 Page 2 of 48
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`JURISDICTION AND VENUE
`
`4.
`
`This is an action for infringement of a United States patent arising under 35
`
`U.S.C. §§ 271, 281, and 284–85, among others. This Court has subject matter jurisdiction of the
`
`action under 28 U.S.C. § 1331 and § 1338(a).
`
`5.
`
`This Court has personal jurisdiction over the Dell Defendants pursuant to due
`
`process and/or the Texas Long Arm Statute because, inter alia, (i) Dell has done and continues to
`
`do business in Texas; (ii) Dell has committed and continues to commit acts of patent
`
`infringement in the State of Texas, including making, using, offering to sell, and/or selling
`
`accused products in Texas, and/or importing accused products into Texas, including by Internet
`
`sales and sales via retail and wholesale stores, inducing others to commit acts of patent
`
`infringement in Texas, and/or committing a least a portion of any other infringements alleged
`
`herein, and (iii) Dell Inc. is registered to do business in Texas.
`
`6.
`
`Venue is proper in this district as to Defendants pursuant to 28 U.S.C. § 1400(b).
`
`Venue is further proper because Dell has committed and continue to commit acts of patent
`
`infringement in this district, including making, using, offering to sell, and/or selling accused
`
`products in this district, and/or importing accused products into this district, including by Internet
`
`sales and sales via retail and wholesale stores, inducing others to commit acts of patent
`
`infringement in this district, and/or committing at least a portion of any other infringements
`
`alleged herein in this district.
`
`7.
`
`Dell has a regular and established place of business in this district, including at
`
`One Dell Way, Round Rock, Texas 78682. Depicted below are additional Dell locations within
`
`this district:
`
`
`
`2
`
`
`
`
`
`Case 6:20-cv-00944 Document 1 Filed 10/12/20 Page 3 of 48
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`Source: https://goo.gl/maps/3TTbbFFptgNseq5V6 (401 Dell Way)
`
`
`
`
`
`Source: https://goo.gl/maps/S8KKb5JoaKP6cEx76 (200 Dell Way)
`
`BACKGROUND
`
`8.
`
`The two patents-in-suit cover technology used in computer systems, such as
`
`notebook computers, laptop computers, desktop computers, tablets, and other electronic devices.
`
`More particularly, the patents-in-suit describe key improvements to electronic devices in the
`
`
`
`3
`
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`
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`Case 6:20-cv-00944 Document 1 Filed 10/12/20 Page 4 of 48
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`areas of better power distribution and power management, and a better process for retrieving
`
`automatic software updates.
`
`9.
`
`U.S. Patent No. 6,920,573 (“the ’573 Patent”) generally relates to a system for
`
`conserving energy in electronic systems. Specifically, the inventor developed a system that
`
`provides much-needed energy savings for computers, such as notebooks and laptops, by
`
`including various operating modes that limit power usage. In particular, the ’573 Patent
`
`describes three operating modes. The first mode is a regular operating mode where the
`
`electronic device is fully powered on and where the main microprocessor is running. The second
`
`mode is a power-saving mode where the main microprocessor is not running, yet the system is
`
`still activated. The third mode is also a power-saving mode, and more specifically, a standby
`
`mode from which the first mode can be activated. The ’573 Patent also discloses components to
`
`power the system, such as a rechargeable battery, and components to control the system, such as
`
`a power button.
`
`10. Major companies in the electronics industry have cited the invention of the ’573
`
`Patent during patent prosecution. Indeed, the ’573 Patent has been cited over fifty times by
`
`leading companies, including Broadcom, Compal Electronics, Foxconn, Google, Hewlett-
`
`Packard, Intel, Panasonic (Matsushita), Microsoft, NVIDIA, Sony, Toshiba, Transmeta, and
`
`Wistron.
`
`11.
`
`U.S. Patent No. 7,493,612 (“the ’612 Patent”) discloses systems and methods for
`
`automatically updating the system software of an embedded system. Claim 1 describes an
`
`embedded system capable of automatically updating system software using update agent
`
`interface programming (UAIP)—code that initiates an update of the system software during the
`
`boot process. The embedded system includes first system software and a boot image. The
`
`
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`4
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`Case 6:20-cv-00944 Document 1 Filed 10/12/20 Page 5 of 48
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`system also includes a micro-controller capable of transforming the first system software into
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`system code and the boot image into boot code. The boot code includes update agent interface
`
`programming (UAIP) for initiating updating of the first system software before executing the
`
`system code. The system can be coupled to an external data storage device, which contains the
`
`second system software (i.e., the updated system code). If there is an update to the system
`
`software, the second system software is read from the external data storage device. As a result of
`
`the ’612 Patent’s inventive system, a computer can advantageously retrieve automatic updates
`
`during boot without loading its outdated OS—a more efficient, time-saving solution.
`
`12.
`
`The ’612 Patent’s inventive system was developed by the Taiwanese company,
`
`Lite-On Technology Corp., which develops a wide range of consumer electronics products, such
`
`as semiconductors, monitors, motherboards, etc. Lite-On was originally founded in 1975 by
`
`former employees of Texas Instruments. While the company originally developed LEDs, it
`
`branched into other industries, such as embedded systems and related software, and stayed on the
`
`forefront of developing technologies. Lite-On was recently purchased by the Japanese company,
`
`Kioxia—a former division of Toshiba—for $165 million.
`
`13.
`
`The ’612 Patent discloses a novel and important invention that is highly relevant
`
`to today’s technology, which relies heavily on recurring updates to computer systems and IoT
`
`devices. It has been cited by major technology companies like Foxconn, Google, Hewlett-
`
`Packard, IBM, Samsung, Silicon Graphics, and Texas Instruments.
`
`
`
`5
`
`
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`
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`Case 6:20-cv-00944 Document 1 Filed 10/12/20 Page 6 of 48
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`COUNT I
`
`DIRECT INFRINGEMENT OF U.S. PATENT NO. 6,920,573
`
`14.
`
`On July 19, 2005, the ’573 Patent was duly and legally issued by the United
`
`States Patent and Trademark Office for an invention entitled “Energy-Conserving Apparatus and
`
`Operating System Having Multiple Operating Functions Stored in Keep-Alive Memory.”
`
`15.
`
`Liberty Patents is the owner of the ’573 Patent, with all substantive rights in and
`
`to that patent, including the sole and exclusive right to prosecute this action and enforce the ’573
`
`Patent against infringers, and to collect damages for all relevant times.
`
`16.
`
`Dell made, had made, used, imported, provided, supplied, distributed, sold, and/or
`
`offered for sale products and/or systems including, for example, its Dell G5 15 Laptop and other
`
`products including the “PowerShare” feature1 (“accused products”):
`
`Source: https://www.dell.com/en-us/shop/cty/pdp/spd/g-series-15-5500-laptop
`
`
`
`
`1 See, e.g., Dell G3 15 (3500), G5 (5590), G7 15 (7500), Inspiron 15-7567, Inspiron 17 (5000),
`Inspiron 17 (7000), Inspiron i3158-3275SLV, Latitude 3390 2-in-1, Latitude 5400, Latitude
`5420, Latitude 7424, Latitude 7480, Latitude E5470, Latitude E5550, Latitude E6230, Latitude
`E6430, Latitude E7470, Precision 5520, Vostro Business Laptop (876slv), XPS 13, XPS 13
`(7390), XPS 13 (9343), XPS 15.
`
`
`
`6
`
`
`
`
`
`Case 6:20-cv-00944 Document 1 Filed 10/12/20 Page 7 of 48
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`
`
`
`
`Source: https://topics-cdn.dell.com/pdf/g-series-15-5500-laptop_setup-guide_en-us.pdf
`
`17.
`
`By doing so, Dell has directly infringed (literally and/or under the doctrine of
`
`equivalents) at least Claim 13 of the ’573 Patent. Dell’s infringement of the ’573 Patent is
`
`ongoing.
`
`18.
`
`The Dell G5 15 Laptop is an information-processing apparatus with multiple
`
`operating functions. It includes a first group of circuitry that is actuatable to provide a first
`
`operating function. The first group of circuitry comprises main microprocessor circuitry.
`
`19.
`
`For example, the Dell G5 15 Laptop includes a processor for performing various
`
`processing functions. The processor includes Arithmetic Logic Units (ALU), Instruction and
`
`Data Caches, and other blocks. The processor also has different states like working state,
`
`sleeping state, and off state etc., which correspond to the laptop’s Power On mode, Sleep mode
`
`and Shut Down mode, respectively. The processor functions differently depending on the
`
`current operating mode.
`
`20.
`
`During Power On mode, the processor provides processing functions, including
`
`application processing, graphics processing, etc. (“first operating function”). The processing
`
`blocks like ALU, FPU, memory, etc. (“first group of circuitry”) consume power and implement
`
`
`
`7
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`Case 6:20-cv-00944 Document 1 Filed 10/12/20 Page 8 of 48
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`these required functions. These blocks are part of the core or Central Processing Unit (“main
`
`microprocessor circuitry”) of the processor.
`
`Source: https://www.dell.com/en-us/shop/cty/pdp/spd/g-series-15-5500-laptop
`
`
`
`
`Source: https://www.allaboutcircuits.com/technical-articles/an-introduction-to-x86-processor-
`
`architecture/
`
`
`
`8
`
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`
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`Case 6:20-cv-00944 Document 1 Filed 10/12/20 Page 9 of 48
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`
`
`Source: https://www.allaboutcircuits.com/technical-articles/an-introduction-to-x86-processor-
`
`architecture/
`
`21.
`
`The following citations disclose different operating modes of the laptop, including
`
`Shut Down mode, Sleep mode, and Power On mode. The computer operates differently
`
`according to the current operating mode.
`
`
`
`
`
`9
`
`
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`
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`Case 6:20-cv-00944 Document 1 Filed 10/12/20 Page 10 of 48
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`
`
`
`
`Source: https://topics-cdn.dell.com/pdf/g-series-15-5500-laptop_setup-guide_en-us.pdf (page 9)
`
`22.
`
`The Dell G5 15 Laptop includes a second group of circuitry that is actuatable to
`
`provide a second operating function. During the second operating function, the system is not
`
`required to activate the main microprocessor circuitry.
`
`23.
`
`For example, the Dell G5 15 Laptop has a “PowerShare” feature that allows a
`
`user to charge (“second operating function”) USB connected devices (such as such as a mobile
`
`devices, cameras, activity trackers, smartwatches, etc.) even when the laptop is in the Shut Down
`
`or Off mode. Mobile devices can be charged using the designated USB port having the
`
`“PowerShare” feature without requiring the laptop to be in a working state (i.e., Power On
`
`mode). The corresponding USB charger IC/USB board circuit (“second group of circuitry”) can
`
`be actuated to provide the charging function during Shut Down mode.
`10
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`Case 6:20-cv-00944 Document 1 Filed 10/12/20 Page 11 of 48
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`
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`
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`
`
`Source: https://topics-cdn.dell.com/pdf/g-series-15-5500-laptop_setup-guide_en-us.pdf (page 7)
`
`24.
`
`The Dell G5 15 Laptop includes a third group of circuitry that is actuatable to
`
`provide a standby function that allows the first group of circuitry (when deactivated) to be
`
`reactuatable so that it can provide the first operating function. The third group of circuitry also
`
`comprises keep-alive memory circuitry for storing information needed for resuming the first
`
`operating function or the second operating function.
`
`25.
`
`For example, the Dell G5 15 Laptop includes different operating modes like Sleep
`
`mode, Power On mode, and Shut Down mode. The Sleep mode (“standby function”) can be
`
`activated and deactivated (i.e., to wake up the system) by pressing the Power button. The laptop
`
`includes corresponding circuitry (“third group of circuitry”) that activates and deactivates the
`
`Sleep mode.
`
`
`
`11
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`Case 6:20-cv-00944 Document 1 Filed 10/12/20 Page 12 of 48
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`26.
`
`During Sleep mode, computational tasks are not performed, and the system
`
`consumes less power. The system retains enough context in order to return to a working state
`
`(“resuming said first operating function”) by storing or saving information in hardware memory,
`
`such as RAM or in a disk (“keep-alive memory circuitry”).
`
`
`
`
`
`Source: https://topics-cdn.dell.com/pdf/g-series-15-5500-laptop_setup-guide_en-us.pdf (page 9)
`
`
`
`Source: https://www.dell.com/support/article/en-us/sln309800/windows-10-troubleshooting-
`
`sleep-hibernation-issues-on-your-dell-pc?lang=en
`
`27.
`
`The Dell G5 15 Laptop includes power providing means for providing power to
`
`the first group of circuitry, the second group of circuitry, and the third group of circuitry.
`
`
`
`12
`
`
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`
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`Case 6:20-cv-00944 Document 1 Filed 10/12/20 Page 13 of 48
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`28.
`
`For example, the Dell G5 15 Laptop includes a battery (“power providing
`
`means”) for providing power to the different circuits present in the system, including the CPU,
`
`memory, and I/O Peripherals (which include USB).
`
`
`
`
`
`Source: https://topics-cdn.dell.com/pdf/g-series-15-5500-laptop_setup-guide_en-us.pdf (page
`
`19)
`
`29.
`
`The Dell G5 15 Laptop includes control means for controlling said power
`
`providing means to selectively activate said first group of circuitry, said second group of
`
`circuitry, and said third group of circuitry, so as to respectively provide said first operating
`
`function, said second operating function, and said standby function.
`
`30.
`
`For example, the Dell G5 15 Laptop includes different operating modes like
`
`Power On, Sleep, and Shut Down modes. Sleep mode (“standby function”), Shut Down mode,
`
`and Power On mode (which provides “first operating function”) can be activated using the Power
`
`button (“control means”). The USB port with the PowerShare feature enables charging of a
`
`mobile device through the designated USB port during Shut Down mode (“second operating
`
`function”).
`
`31.
`
`The processor of the Dell G5 15 Laptop includes a Power Management Integrated
`
`Circuit (PMIC) that manages the power distribution in the processor system. The PMIC
`
`provides power to different circuits of the processor system. Further, the PMIC receives control
`
`
`
`13
`
`
`
`
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`Case 6:20-cv-00944 Document 1 Filed 10/12/20 Page 14 of 48
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`inputs from the processor system, i.e., signals from the power button are used by PMIC as
`
`control inputs for enabling and disabling the power distribution for the circuits in the processor
`
`system.
`
`
`
`
`
`Source: https://topics-cdn.dell.com/pdf/g-series-15-5500-laptop_setup-guide_en-us.pdf (page 9)
`
`
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`14
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`Case 6:20-cv-00944 Document 1 Filed 10/12/20 Page 15 of 48
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`Source: https://topics-cdn.dell.com/pdf/g-series-15-5500-laptop_setup-guide_en-us.pdf (page 7)
`
`
`
`
`
`Source: https://ieeexplore.ieee.org/document/7237388
`
`32.
`
`Dell has had knowledge of the ’573 Patent at least as of the date when it was
`
`notified of the filing of this action.
`
`33.
`
`Liberty Patents has been damaged as a result of Dell’s infringing conduct alleged
`
`above. Thus, Dell is liable to Liberty Patents in an amount that adequately compensates it for
`
`such infringements, which, by law, cannot be less than a reasonable royalty, together with
`
`interest and costs as fixed by this Court under 35 U.S.C. § 284.
`
`34.
`
`Liberty Patents and/or its predecessors-in-interest have satisfied all statutory
`
`obligations required to collect pre-filing damages for the full period allowed by law for
`
`infringement of the ’573 Patent.
`
`
`
`15
`
`
`
`
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`Case 6:20-cv-00944 Document 1 Filed 10/12/20 Page 16 of 48
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`COUNT II
`
`DIRECT INFRINGEMENT OF U.S. PATENT NO. 7,493,612
`
`35.
`
`On February 17, 2009, the ’612 Patent was duly and legally issued by the United
`
`States Patent and Trademark Office for an invention entitled “Embedded System and Related
`
`Method Capable of Automatically Updating System Software.”
`
`36.
`
`Liberty Patents is the owner of the ’612 Patent, with all substantive rights in and
`
`to that patent, including the sole and exclusive right to prosecute this action and enforce the ’612
`
`Patent against infringers, and to collect damages for all relevant times.
`
`37.
`
`Dell made, had made, used, imported, provided, supplied, distributed, sold, and/or
`
`offered for sale products and/or systems including, for example, its family of products running
`
`Chrome OS,2 including the Dell Latitude 5300 2-in-1 Chromebook Enterprise (“accused
`
`products”):
`
`
`
`
`2 See, e.g., Dell Chromebook 11, Chromebook 11 (3120), Chromebook 11 (3180), Chromebook
`11 (5190), Chromebook 11 2-in-1 (3189), Chromebook 11 2-in-1 (5190), Chromebook 3100
`2-in-1, Chromebook 13 (7310), Chromebook 13 (3380), Chromebook 3100, Chromebook 3400,
`Inspiron Chromebook 14 2-in-1 (7486), Latitude 5300 2-in-1 Chromebook Enterprise
`Latitude 5400 Chromebook Enterprise, Latitude 7410 Chromebook Enterprise, Latitude 7410
`2-in-1 Chromebook Enterprise, Chromebox, etc.
`16
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`Case 6:20-cv-00944 Document 1 Filed 10/12/20 Page 17 of 48
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`Source: https://www.dell.com/en-us/work/shop/laptops/13-2-in-1-chromebook-
`
`enterprise/spd/latitude-13-5300-2-in-1-chrome-laptop
`
`Source: https://www.dell.com/en-us/work/shop/laptops/13-2-in-1-chromebook-
`
`enterprise/spd/latitude-13-5300-2-in-1-chrome-laptop
`
`
`
`
`
`Source: https://support.google.com/chrome/a/answer/6220366?hl=en
`
`38.
`
`By doing so, Dell has directly infringed (literally and/or under the doctrine of
`
`equivalents) at least Claim 1 of the ’612 Patent. Dell’s infringement in this regard is ongoing.
`
`
`
`17
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`
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`Case 6:20-cv-00944 Document 1 Filed 10/12/20 Page 18 of 48
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`39.
`
`The Dell Latitude 5300 2-in-1 Chromebook Enterprise includes an embedded
`
`system that is capable of automatically updating system software.
`
`40.
`
`For example, the Dell Latitude 5300 2-in-1 Chromebook Enterprise runs Chrome
`
`OS, which can automatically update the device’s firmware over the internet. Chromebooks
`
`include an Embedded Controller (EC), which is responsible for power sequencing of the main
`
`CPU or the Application Processor (AP), keyboard control, thermal control, battery charging
`
`control, verified boot, etc. The EC—together with the components it controls—is an embedded
`
`system capable of automatically updating the system software. Specifically, the system includes
`
`two types of firmware: RO firmware and RW firmware. The RW firmware (“system software”)
`
`is stored in the updateable section of the firmware and can be automatically updated.
`
`Source: https://services.google.com/fh/files/misc/chrome_device_deployment_guide.pdf
`
`
`
`
`
`18
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`Case 6:20-cv-00944 Document 1 Filed 10/12/20 Page 19 of 48
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`Source: https://support.google.com/chrome/a/answer/6220366?hl=en
`
`
`
`
`
`Source:
`
`https://chromium.googlesource.com/chromiumos/platform/firmware/+/master/README.md
`
`
`
`19
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`
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`Case 6:20-cv-00944 Document 1 Filed 10/12/20 Page 20 of 48
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`Source: https://www.coreboot.org/images/5/50/An_Open_Source_EC.pdf (Page 4).
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`
`
`Source: https://chromium.googlesource.com/chromiumos/platform/ec/
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`
`
`
`
`20
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`
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`
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`Case 6:20-cv-00944 Document 1 Filed 10/12/20 Page 21 of 48
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`Source: https://docs.google.com/presentation/d/1Xa_Z5SjW-
`
`soPvkugAR8__TEJFrJpzoZUa9HNR14Sjs8/pub?start=false&loop=false&delayms=3000&slide
`
`=id.g2bc16935c_0142 (Slide 20).
`
`
`
`Source: https://docs.google.com/presentation/d/1h-
`
`nsDGlQmYI21dr95nYgLmyCYDgBIpJWSt9b7AqTZaw/pub?start=false&loop=false&delayms
`=3000&slide=id.g2b77a1dcf_298 (Slide 29).
`Citation 7:
`
`Source: https://link.springer.com/content/pdf/10.1007%2F978-1-4842-0070-4.pdf (Page 119).
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`21
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`Case 6:20-cv-00944 Document 1 Filed 10/12/20 Page 22 of 48
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`Source:
`https://chromium.googlesource.com/chromiumos/platform/ec/+/master/docs/write_protection.md
`
`
`
`Source: https://chromium.googlesource.com/chromiumos/platform/ec/
`
`41.
`
`The Dell Latitude 5300 2-in-1 Chromebook Enterprise includes a first storage
`
`device for storing a first system software and a boot image. For example, the device includes
`
`flash memory (“first storage device”) that stores the RO firmware (“boot image”) and RW
`
`firmware (“first system software”).
`
`Source: https://docs.google.com/presentation/d/1Xa_Z5SjW-
`
`soPvkugAR8__TEJFrJpzoZUa9HNR14Sjs8/pub?start=false&loop=false&delayms=3000&slide
`
`=id.g2bbed09ac_111 (Slide 2).
`
`
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`22
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`Case 6:20-cv-00944 Document 1 Filed 10/12/20 Page 23 of 48
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`Source:
`
`https://chromium.googlesource.com/chromiumos/platform/ec/+/master/docs/write_protection.md
`
`
`
`Source: https://www.chromium.org/chromium-os/firmware-porting-guide/2-
`
`concepts?tmpl=%2Fsystem%2Fapp%2Ftemplates%2Fprint%2F&showPrintDialog=1
`
`42.
`
`The RO firmware and RW firmware are stored in system memory.
`
`
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`23
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`Case 6:20-cv-00944 Document 1 Filed 10/12/20 Page 24 of 48
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`
`
`Source: https://docs.google.com/presentation/d/1h-
`
`nsDGlQmYI21dr95nYgLmyCYDgBIpJWSt9b7AqTZaw/pub?start=false&loop=false&delayms
`
`=3000&slide=id.g2b77a1dcf_1128 (Slide 33).
`
`43.
`
`The Dell Latitude 5300 2-in-1 Chromebook Enterprise includes a micro-controller
`
`that is coupled to the first storage device for respectively transforming the first system software
`
`and the boot image into system code and boot code. The micro-controller orderly executes the
`
`boot code and the system code to control booting of the embedded system.
`
`44.
`
`For example, the EC (“micro-controller”) is connected to flash memory (“first
`
`storage device”) that stores both the RO firmware (“boot image”) and RW firmware (“first
`
`system software”). The firmware can have different configurations, which relates to how it uses
`
`flash and RAM memory for system code and boot code execution. For example, firmware
`
`images in Chrome OS support configurations like Internal Mapped Storage, Code Copied to
`
`RAM for Use, etc.
`
`
`
`24
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`
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`
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`Case 6:20-cv-00944 Document 1 Filed 10/12/20 Page 25 of 48
`
`45.
`
`During system boot, linker scripts provide information as to how different
`
`sections of the RO firmware (“boot image”) and RW firmware (“first system software”) map to
`
`different sections of memory. The system provides linker scripts for both the RO firmware and
`
`the RW firmware in all the supported memory configurations. Before booting, a small program
`
`called Boot Loader (i.e., start-up code) uses linker scripts to load sections of the RO firmware
`
`and RW firmware into different parts of memory. The EC executes the mapped RO firmware
`
`(“boot code”) and the mapped RW firmware (“system code”) only after they are loaded into
`
`specified sections of memory determined by linker scripts. Accordingly, the RO firmware
`
`(“boot image”) and RW firmware (“first system software”) are transformed into memory-
`
`mapped executable code (i.e., “boot code” and “first system code”) after being mapped and
`
`loaded into their respective sections of memory.
`
`Source: https://www.chromium.org/chromium-os/ec-development/ec-image-geometry-spec
`
`
`
`
`
`25
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`Case 6:20-cv-00944 Document 1 Filed 10/12/20 Page 26 of 48
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`Source: https://www.chromium.org/chromium-os/ec-development/ec-image-geometry-spec
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`
`
`Source: https://www.xilinx.com/training/customer-training/using-linker-scripts.html (2:20)
`
`
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`26
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`Case 6:20-cv-00944 Document 1 Filed 10/12/20 Page 27 of 48
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`
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`
`
`Source: https://www.xilinx.com/training/customer-training/using-linker-scripts.html (9:52)
`
`Source: https://www.chromium.org/chromium-os/ec-development/ec-image-geometry-spec
`
`Source: https://www.beningo.com/understanding-the-microcontroller-boot-process/
`
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`27
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`Case 6:20-cv-00944 Document 1 Filed 10/12/20 Page 28 of 48
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`
`
`Source: https://www.beningo.com/understanding-the-microcontroller-boot-process/
`
`46.
`
`During initialization and booting of the EC (“micro-controller”), the executable
`
`version of the RO firmware (“boot code”) is executed first. The RO firmware then runs the
`
`executable version of the RW firmware (“first system code”). Accordingly, the boot code and
`
`system code are orderly executed to control booting of the embedded system.
`
`
`
`28
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`Case 6:20-cv-00944 Document 1 Filed 10/12/20 Page 29 of 48
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`
`
`
`
`Source: https://www.coreboot.org/images/5/50/An_Open_Source_EC.pdf (Page 22).
`
`Source: https://www.chromium.org/chromium-os/firmware-porting-guide/2-
`
`concepts?tmpl=%2Fsystem%2Fapp%2Ftemplates%2Fprint%2F&showPrintDialog=1
`
`
`
`29
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`Case 6:20-cv-00944 Document 1 Filed 10/12/20 Page 30 of 48
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`
`
`Source: https://docs.google.com/presentation/d/1h-
`
`nsDGlQmYI21dr95nYgLmyCYDgBIpJWSt9b7AqTZaw/pub?start=false&loop=false&delayms
`
`=3000&slide=id.g2b77a1dcf_1128 (Slide 33).
`
`47.
`
`The Dell Latitude 5300 2-in-1 Chromebook Enterprise includes a connecting
`
`interface that is coupled to the micro-controller and further coupled to an external data storage
`
`device through a data transmission media. The external data storage device stores a second
`
`system software.
`
`48.
`
`For example, the EC (“micro-controller”), which controls peripheral connections
`
`of the device like USB, Wi-Fi, etc., receives an updated version of the RW firmware (“second
`
`system software”) from the device’s Application Processor (AP). Specifically, the updated RW
`
`firmware (“second system software”) is read from the network server when the device is
`
`connected to the internet through a Wi-Fi network interface. Accordingly, the EC (“micro-
`
`controller”) is configured to be coupled to the network server (“external data storage device”)
`
`through the Wi-Fi network interface (“connecting interface”). The network server stores the RW
`
`
`
`30
`
`
`
`
`
`Case 6:20-cv-00944 Document 1 Filed 10/12/20 Page 31 of 48
`
`firmware update (“second system software”), which can be read by the device via the internet
`
`(“data transmission media”).
`
`Source: https://www.coreboot.org/images/5/50/An_Open_Source_EC.pdf (Page 22).
`
`
`
`Source: https://docs.google.com/presentation/d/1Xa_Z5SjW-
`
`soPvkugAR8__TEJFrJpzoZUa9HNR14Sjs8/pub?start=false&loop=false&delayms=3000&slide
`=id.g2bbed09ac_142 (Slide 21).
`
`
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`
`31
`
`
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`
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`Case 6:20-cv-00944 Document 1 Filed 10/12/20 Page 32 of 48
`
`Source: https://www.keepds.com/tool/list?os=c
`
`
`
`
`
`Source: https://www.walmart.ca/en/electronics/laptops-computers/laptops-
`
`notebooks/chromebooks/google/N-
`
`1990+1000268?mtr=mdv_00439&icid=electronics_wmg_display_walmart_l4hb_wk16_google_
`
`chromebook_en
`
`
`
`32
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`
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`Case 6:20-cv-00944 Document 1 Filed 10/12/20 Page 33 of 48
`
`Source: https://www.keepds.com/tool/list?os=c
`
`
`
`Source: https://support.google.com/chrome/a/answer/3168106?hl=en
`
`
`
`
`
`Source: https://www.chromium.org/chromium-os/firmware-porting-guide/2-
`
`concepts?tmpl=%2Fsystem%2Fapp%2Ftemplates%2Fprint%2F&showPrintDialog=1
`
`49.
`
`The Dell Latitude 5300 2-in-1 Chromebook Enterprise includes boot code, which
`
`includes update agent interface programming (UAIP). The micro-controller is capable of
`
`executing the update agent interface programming to read the second system software from the
`
`external data storage device through the connecting interface before executing the system code.
`
`
`
`33
`
`
`
`
`
`Case 6:20-cv-00944 Document 1 Filed 10/12/20 Page 34 of 48
`
`50.
`
`During the boot process of the system, the executable version of the RO firmware
`
`(“boot code”) is executed before the RW firmware. And before the RW firmware (“first system
`
`code”) is executed, the EC initiates a Software Sync process by powering on and booting the
`
`device’s AP. The system verifies and, if needed, updates the RW firmware by comparing the
`
`version of the RW firmware. If there is an available update to the RW firmware (“second system
`
`software”), the update is sent to flash memory. Accordingly, the RO firmware (“boot code”)
`
`includes code or programming (“update agent interface programming”) to initiate the software
`
`sync process that updates the RW firmware.
`
`Source: https://www.coreboot.org/images/5/50/An_Open_Source_EC.pdf (Page 22).
`
`
`
`34
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`
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`
`
`Case 6:20-cv-00944 Document 1 Filed 10/12/20 Page 35 of 48
`
`Source: https://www.chromium.org/chromium-os/firmware-porting-guide/2-
`
`concepts?tmpl=%2Fsystem%2Fapp%2Ftemplates%2Fprint%2F&showPrintDialog=1
`
`Source: https://www.keepds.com/tool/list?os=c
`
`
`
`
`
`Source:
`https://chromium.googlesource.com/chromiumos/platform/ec/+/master/docs/write_protection.md
`
`
`
`Source: https://chromium.googlesource.com/chromiumos/platform/ec/
`
`51.
`
`During the Verified Boot process, the system checks for updates to the RW
`
`firmware. The RO firmware includes programming that verifies and compares the version of the
`
`RW firmware on the device with the version of the RW firmware on the network server. The
`
`RO firmware further includes programming that updates the RW firmware based on that
`
`
`
`35
`
`
`
`
`
`Case 6:20-cv-00944 Document 1 Filed 10/12/20 Page 36 of 48
`
`comparison. The Software Sync process is a part of the Verified Boot process. It includes
`
`programming that verifies and compares version of the RW firmware.
`
`Source: https://docs.google.com/presentation/d/1h-
`
`nsDGlQmYI21dr95nYgLmyCYDgBIpJWSt9b7AqTZaw/pub?start=false&loop=false&delayms
`
`=3000&slide=id.g2b77a1dcf_298 (Slide 29).
`
`
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`
`
`
`
`36
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`
`
`
`
`Case 6:20-cv-00944 Document 1 Filed 10/12/20 Page 37 of 48
`
`Source: https://chromium.googlesource.com/chromiumos/platform/vboot_reference/+/factory-
`
`spring-4262.B/firmware/lib/vboot_api_kernel.c
`
`Source: https://chromium.googlesource.com/chromiumos/platform/vboot_reference/+/factory-
`
`spring-4262.B/firmware/lib/vboot_api_kernel.c
`
`
`
`
`
`37
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`
`
`
`
`Case 6:20-cv-00944 Document 1 Filed 10/12/20 Page 38 of 48
`
`Source: https://chromium.googlesource.com/chromiumos/platform/vboot_reference/+/factory-
`
`spring-4262.B/firmware/lib/vboot_api_kernel.c
`
`
`
`Source: https://chromium.googlesource.com/chromiumos/platform/vboot_reference/+/factory-
`
`spring-4262.B/firmware/lib/vboot_api_kernel.c
`
`
`
`
`
`38
`
`
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`
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`Case 6:20-cv-00944 Document 1 Filed 10/12/20 Page 39 of 48
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`
`
`Source: https://chromium.googlesource.com/chromiumos/platform/vboot_reference/+/factory-
`
`spring-4262.B/firmware/lib/vboot_api_kernel.c
`
`52.
`
`The EC controls peripheral connections like USB, Wi-Fi, etc. During the
`
`Verified Boot process, the device receives updates of the RW firmware from the network server
`
`(“external data storage device”) when connected to the internet through Wi-Fi, for example. The
`
`RW firmware is updated during the Verified Boot process.
`
`53.
`
`The EC initiates the process of updating the RW firmware by activating the Wi-Fi
`
`network interface, connecting to the internet, and starting the Software Sync process.
`
`Accordingly, the system includes code or programming (“update agent interface programming”)
`
`to read the RW firmware update (“second system software”) from the network server (“external
`
`data storage device”) before executing the current version of the RW firmware (“first system
`
`code”).
`
`
`
`39
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`
`
`Case 6:20-cv-00944 Document 1
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