`
`UNITED STATES DISTRICT COURT
`WESTERN DISTRICT OF TEXAS
`WACO DIVISION
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`ACQIS LLC, A TEXAS LIMITED
`LIABILITY COMPANY;
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`Plaintiff,
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`
`v.
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`ASUSTEK COMPUTER, INC., A
`TAIWAN CORPORATION; AND
`ASUS GLOBAL PTE. LTD.,
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`Defendants.
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`
`
`
`
`
`§
`§
`§
`§
`§
`§
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`§
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`CIVIL NO. W-20-CV-00966-ADA
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`FINAL JUDGMENT
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`This action came before the Court for a four-day trial by jury commencing on March 18,
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`2024, between Plaintiff ACQIS LLC (“ACQIS”) and Defendants ASUSTeK Computer, Inc.
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`(“ASUSTeK”) and ASUS Global Pte. Ltd. (“ASGL”) (collectively, “Defendants”). The issues
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`have been tried and the jury rendered its unanimous verdict on March 22, 2024 (ECF No. 332).
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`The jury reached and returned its unanimous verdict (ECF No. 332) finding that:
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`• Defendant ASGL and non-party Asus Computer International (“ACI”) directly
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`infringed Claims 10 and 13 of U.S. Patent No. 9,529,768 (the ’768 Patent) and
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`Claim 19 of U.S. Patent No. 8,756,359 (the ’359 Patent) (collectively, the “Asserted
`
`Claims”);
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`• ASUSTeK and ASGL did not induce infringement of the Asserted Claims;
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`• ASUSTeK is liable for the actions of ASGL and ACI, and ASGL is liable for the
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`actions of ACI.
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`• ACQIS provided ASUSTeK with notice of the ’768 and ’359 Patents and a specific
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`charge of infringement of the same by a specific product prior to May 12, 2020.
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`Case 6:20-cv-00966-ADA Document 351 Filed 01/15/25 Page 2 of 3
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`• ACQIS did not provide ASGL with notice of the ’768 and ’359 Patents and a
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`specific charge of infringement of the same by a specific product prior to May 12,
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`2020;
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`• The Asserted Claims are not invalid for lack of written description or lack of
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`enablement;
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`• The amount of damages that would compensate ACQIS for the infringement of the
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`Asserted Claims is $17,970,582; and
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`• ASUSTeK and ASGL did not willfully infringe the Asserted Claims.
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`The jury received instructions that it, “[i]f ACQIS can show that ASUSTeK and its
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`subsidiaries, ASGL and ACI, are so closely linked that those subsidiaries have no separate mind,
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`will or existence of their own and are business conduits of ASUSTeK . . . then you may find that
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`ASUSTeK should be held personally liable for the subsidiary corporations for purposes of
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`determining infringement liability.” ECF No. 317 at 28. The jury’s verdict confirmed agency and
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`alter ego relationships involving ASUSTeK, ASGL, and ACI, holding that (i) ASUSTeK is liable
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`for the actions of ASGL and ACI, and that (ii) ASGL is liable for the actions of ACI. In accordance
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`with the jury’s verdict, it is hereby ORDERED that judgment is entered in favor of the plaintiff,
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`ACQIS LLC, and against the defendants, ASUSTeK and ASGL, as to patent infringement as
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`follows:
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`• Claims 10 and 13 of U.S. Patent No. 9.529,768 (the “‘768 Patent”) and Claim 19
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`of U.S. Patent No. 8,756,359 (the “’359 Patent”; collectively, the “Asserted
`
`Claims”) were directly infringed by ASGL and by ASUSTeK’s subsidiary, Asus
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`Computer International (“ACI”);
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`2
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`Case 6:20-cv-00966-ADA Document 351 Filed 01/15/25 Page 3 of 3
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`• ASUSTeK is liable for the actions of ASGL and ACI, and ASGL is liable for the
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`actions of ACI.
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`• ASUSTeK and ASGL did not induce infringement of the Asserted Claims;
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`• ASUSTeK and ASGL did not willfully infringe the Asserted Claims;
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`• The Asserted Claims are not invalid for lack of written description or lack of
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`enablement;
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`• ASUSTeK was on notice of the ’768 and ’359 Patents as of May 15, 2018;
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`• ACQIS is awarded and Defendants ASUSTeK and ASGL are liable for damages in
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`the amount of $17,970,582;
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`• ACQIS is awarded prejudgment interest in the amount of $2,108,6771 through June
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`30, 2024, bringing the total monetary award to $20,079,259 as of that date. This
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`award is to be supplemented with a revised calculation using the date of this Order;
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`• ACQIS is awarded its costs pursuant to 28 U.S.C. § 1920, Federal Rule of Civil
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`Procedure 54, and Local Rule CV-54, and post-judgement interest assessed on
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`those costs under 28 U.S.C. § 1961; and
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`• ACQIS is awarded post-judgement interest on the total monetary award at the rate
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`prescribed by 28 U.S.C. § 1961 and which shall accrue daily and compound
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`annually.
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`
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`SIGNED this 15th day of January, 2025.
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`1 The Court awards ACQIS prejudgment interest using the 1-Year T-Bill rate compounded quarterly, running from
`the start of infringement. See ECF No. 339-3 at ¶ 9.
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`3
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`
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