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Case 6:20-Cv-00419 Document 1 Filed 05/21/20 Page 1 of 23 Case 6:20-cv-00419 Document 1 Filed 05/21/20 Page 1 of 23 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS WACO DIVISION COMPUTER CIRCUIT OPERATIONS LLC, Plaintiff Civil Action No.: 6:20-cv-00419 -against- Jury Trial Demanded ACER COMPUTER LTD., ACER AMERICA CORPORATION, MEDIATEK INC., MEDIATEK USA INC., and FUZHOU ROCKCHIP ELECTRONICS CO., LTD., Defendants. COMPLAINT FOR PATENT INFRINGEMENT Plaintiff Computer Circuit Operations LLC (“CCO”), for its Complaint against Defendants Acer Computer Ltd. and Acer America Corporation Inc. (collectively “Acer”), Mediatek Inc., and Mediatek USA Inc. (collectively “Mediatek”), and Fuzhou Rockchip Electronics Co., Ltd. (“Rockchip”), (collectively “Defendants”) hereby alleges as follows: PARTIES 1. Plaintiff CCO is a limited liability company organized and existing under the laws of the State of New York, having its principal place of business at 1629 Sheepshead Bay Road, Floor 2, Brooklyn, New York, 11235. 2. On information and belief, Defendant Acer Inc. is a corporation organized under the laws of Taiwan, with a principal place of business at 1F, 88, Sec. 1, Xintai 5th Rd., Xizhi, New Taipei City 221, Taiwan. On information and belief, Acer, Inc. can be served through its resident agent for service of process in Texas: Arthur Gentry, 5105 34th St., Lubbock, TX 79414. 3. On information and belief, Defendant Acer America Corporation Inc. is a California 1 Case 6:20-cv-00419 Document 1 Filed 05/21/20 Page 2 of 23 corporation with its principal place of business located at 333 W. San Carlos Street, Suite 1500, San Jose, CA 95110. 4. On information and belief, Defendant Mediatek Inc. is a Taiwanese company incorporated under the laws of Taiwan, with its principal place of business at No.1, Dusing 1st Rd., Hsinchu Science Park, Hsinchu, 30078, Taiwan. 5. On information and belief, Defendant Mediatek USA Inc. is a corporation organized and existing under the laws of the State of Delaware, with its principal place of business at 96 Corporate Park, Irvine, CA 92606. 6. On information and belief, Defendant Rockchip is a Chinese company organized and existing under the laws of China, with its principal place of business at No.18 Building, A District, Fuzhou Software Park, 89 Soft Avenue, Tongpan Road, Gulou District, Fuzhou, Postal Code 350003, People’s Republic of China. JURISDICTION AND VENUE 7. This is an action under the patent laws of the United States, 35 U.S.C. §§ 1, et seq., for infringement by Defendants of claims of U.S. Patent Nos. 6,480,021, 6,820,234, 7,107,386, 7,278,069, and 7,426,603 (“the Patents-in-Suit”). 8. This Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331 and 1338(a). 9. Acer Inc. is subject to personal jurisdiction of this Court because, inter alia, on information and belief, independently and/or via its agents, (i) Acer Inc. sells and offers for sale its products in Texas, (ii) Acer Inc. sells and offers for sale its products by using distributors and sales representatives located in Texas; and/or (iii) Acer Inc. places its products in the stream of commerce with intent or knowledge that those products would end up in Texas. For example, Acer Inc. sells its products including its chromebooks and tablets (directly or through agents) in Texas and/or to residents of Texas. 2 Case 6:20-cv-00419 Document 1 Filed 05/21/20 Page 3 of 23 10. Acer America Corporation is subject to personal jurisdiction of this Court because, inter alia, on information and belief, independently and/or via its agents, (i) Acer America Corporation sells and offers for sale its products in Texas, (ii) Acer America Corporation sells and offers for sale its products by using distributors and sales representatives located in Texas; and/or (iii) Acer America Corporation places its products in the stream of commerce with intent or knowledge that those products would end up in Texas. For example, Acer Inc. sells its products including its chromebooks and tablets (directly or through agents) in Texas and/or to residents of Texas. 11. Mediatek Inc. is subject to personal jurisdiction of this Court because, inter alia, on information and belief, independently and/or via its agents, (i) Mediatek Inc. sells and offers for sale its products in Texas, (ii) Mediatek Inc. sells and offers for sale its products by using distributors and sales representatives located in Texas; and/or (iii) Mediatek Inc. places its products in the stream of commerce with intent or knowledge that those products would end up in Texas. For example, Mediatek Inc. sells its systems on chip (SoCs) to Acer and other tablet manufacturers with knowledge and intent that the products incorporating those SoCs would be sold in Texas and/or residents of Texas. In addition, or in the alternative, this Court has personal jurisdiction over Mediatek Inc. pursuant to Fed. R. Civ. P. 4(k)(2). 12. Mediatek USA Inc. is subject to personal jurisdiction of this Court because, inter alia, on information and belief, independently and/or via its agents, (i) Mediatek USA Inc. has a place of business at 5914 West Courtyard Drive, Austin, Texas 78730; (ii) Mediatek USA Inc. sells and offers for sale its products in Texas, (iii) Mediatek USA Inc. sells and offers for sale its products by using distributors and sales representatives located in Texas; and/or (iv) Mediatek USA Inc. places its products in the stream of commerce with intent or knowledge that those products would end up in Texas. For example, Mediatek USA Inc. sells systems on chip (SoCs) to Acer 3 Case 6:20-cv-00419 Document 1 Filed 05/21/20 Page 4 of 23 and other tablet manufacturers with knowledge and intent that the products incorporating those SoCs would be sold in Texas and/or residents of Texas. 13. Rockchip is subject to personal jurisdiction of this Court because, inter alia, on information and belief, independently and/or via its agents, (i) Rockchip sells and offers for sale its products in Texas, (ii) Rockchip sells and offers for sale its products by using distributors and sales representatives located in Texas; and/or (iii) Rockchip places its products in the stream of commerce with intent or knowledge that those products would end up in Texas. For example, Rockchip sells its systems on chip (SoCs) to Acer and other tablet manufacturers with knowledge and intent that the products incorporating those SoCs would be sold in Texas and/or residents of Texas. In addition, or in the alternative, this Court has personal jurisdiction over Rockchip pursuant to Fed. R. Civ. P. 4(k)(2). 14. Venue is proper as to Acer Computer Ltd. in this District under 28 U.S.C. § 1391(c) because Acer Inc. is a foreign entity. 15. Venue is proper as to Acer America Corporation in this District under 35 U.S.C. § 1400(b) because Acer America Corporation operates a regular and established place of business, which includes at least a repair and service facility within the Western District of Texas located at 1394 Eberhardt Rd, Temple, Texas 76504 and commits acts of infringement in this judicial district. 16. Venue is proper as to Mediatek Inc. in this District under 28 U.S.C. § 1391(c) because Mediatek Inc. is a foreign corporation. 17. Venue is proper as to Mediatek USA Inc. in this District under 35 U.S.C. § 1400(b) because Mediatek USA Inc. operates a regular and established place of business within the Western District of Texas located at 5914 West Courtyard Drive, Austin, Texas 78730 and 4 Case 6:20-cv-00419 Document 1 Filed 05/21/20 Page 5 of 23 commits acts of infringement in this judicial district. 18. Venue is proper as to Rockchip in this District under 28 U.S.C. § 1391(c) because Mediatek Inc. is a foreign corporation. BACKGROUND 19. On November 12, 2002, the United States Patent and Trademark Office duly and lawfully issued U.S. Patent No. 6,480,021 (“the ’021 Patent”), entitled “Transmitter Circuit Comprising Timing Deskewing Means.” 20. Alexander Roger Deas, Vasily Grigorievich Atyunin, and Igor Anatolievich Abrossimov, invented the technology claimed in the ’021 Patent. 21. On November 16, 2004, the United States Patent and Trademark Office duly and lawfully issued U.S. Patent No. 6,820,234 (“the ’234 Patent”), entitled “Skew Calibration Means And A Method Of Skew Calibration.” 22. Alexander Roger Deas, Ilya Valerievich Klotchkov, Igor Anatolievich Abrossimov, and Vasily Grigorievich Atyunin invented the technology claimed in the ’234 Patent. 23. On September 12, 2006, the United States Patent and Trademark Office duly and lawfully issued U.S. Patent No. 7,107,386 (“the ’386 Patent”), entitled “Memory Bus Arbitration Using Memory Bank Readiness.” 24. Stephen Clark Purcell and Scott Kimura invented the technology claimed in the ’386 Patent. 25. On October 2, 2007, the United States Patent and Trademark Office duly and lawfully issued U.S. Patent No. 7,278,069 (“the ’069 Patent”), entitled “Data Transmission Apparatus For High-Speed Transmission Of Digital Data and Method For Automatic Skew Calibration.” 26. Igor Anatolievich Abrosimov, Vasily Grigorievich Atyunin, Alexander Roger Deas, and Ilya Vasilievich Klotchkov invented the technology claimed in the ’069 Patent. 5 Case 6:20-cv-00419 Document 1 Filed 05/21/20 Page 6 of 23 27. On September 16, 2008, the United States Patent and Trademark Office duly and lawfully issued U.S. Patent No. 7,426,603 (“the ’603 Patent”), entitled “Memory Bus Arbitration Using Memory Bank Readiness.” 28. Stephen Clark Purcell and Scott Kimura invented the technology of the ’603 Patent.
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