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NUMBER
October 23.2007 Q P' CY
Via Hand Delivery
The Honorable Marilyn R. Abbott Secretar'y Uniled States Intetnational Trade Commission
Washington, DC 20436
Re: In the Ma
Dear Secretary Abbott:
Enclosed for filing Section 337 of the Tariff Appendices in accordnnce with 19 submits the -following docu
i. One (1) original an y of SatlDisk's verified Complaint and one (1) origiiial and one (1 1 version of exhibits one (1) through one hundred sixty (160) .F.R. $8 201.8 (d); 19 C.F.R. $9 l.b(c), 210.8(a) and with the permission of Secretary Abbott;
Secretary Abbott:
Phison Electronics Corporati on: The Honorable Marilyn R. Abbott October 24,2007 Pdge 2
Chipsbrand Microelectronics (HK) Co., Ltd. Chipsbaiik Technology (Shcnzh Chipsbank Microelectronics Co ba Zodata Technology Limited
Acer, Inc.
A Cop. dba BTC USA The Honorable Marilyn R. Abbott October 24,2007 Page 3
LG Electronics U.S.A.,lnc. TSK Silicon Resources Inc.
of the non-confidential veri inc and one (1 copy of the
and Korea and pursuant to
3. One (1) original and three (3) CDDVD copics of Appendix Exhibits A- K; and fifty-one (51) CD/DVD copies of the Appendix Exhibits A- K for servicc upon rsuant to 19 C.F.R. $9 210.12(~)(3)and
5. One (1) Physi Exhibit pursuant to 1
The manner of this filing is with the express p bott. If you have any questions regarding this matter, plcasc do not hes
Sincerely,
WlLSON SO P rofessional Corporation rl
Enclosures NONCONFIDENTIAL VERSION
UNITED STATES INTERNATIONAL TRADE COMMISSION WASHINGTON, D.C. 20436
) In the Matter of 1
CERTAIN FLASH MEMORY 1 CONTROLLERS, DRIVES, MEMORY ) Investigation CARDS, AND MEDIA PLAYERS AND ) NO. 337-TA- PRODUCTS CONTAINING SAME
COMPLAINT UNDER SECTION 337 OF THE TARIFF ACT OF 1930, AS AMENDED
Comdainant : Respondents: SanDisk Corporation Phison Electronics Corporation 601 McCarthy Boulevard 2F, RiteKom Bldg. No. 669, Sec. 4 Milpitas, California 95035 Chung Hsing Road Telephone: (408) 801-1000 Chutung, Hsinchu 31061, Taiwan, R.O.C.
Counsel for Comdainant: Silicon Motion Technology Corporation Michael A. Ladra Silicon Motion Inc. James C. Yoon No. 20- 1, Taiyuan Street Julie M. Holloway Jhubei City, Hsinchu County 30288, Taiwan, WILSON SONSINI GOODRICH & ROSATI R.O.C. 650 Page Mill Road Palo Alto, California 94304- 1050 Silicon Motion, Inc. Telephone: (650) 493-9300 Silicon Motion International, Inc. 1591 McCarthy Blvd. Nicole W. Stafford Milpitas, California 95035 WILSON SONSINI GOODRICH & ROSATI 89 11 Capital of Texas Highway North USBest Technology, Inc. Westech 360, Suite 3350 7F, No. 1, Chin-Shan 8th Street, Austin, Texas 78759-8497 Hsinchu City, 30080 Taiwan, R.O.C. Telephone: (512) 338-5400 Skymedi Corporation 5F, No. 6, Dusing 1st Road Hsinchu Science Park Hsinchu, 300, Taiwan, R.O.C. NONCONFIDENTIAL VERSION
Chipsbrand Microelectronics (HK) Co., Ltd. 3 1/F The Landmark Gloucester Road 11 Pedder St. Central District, Hong Kong Island Hong Kong
Chipsbank Technology (Shenzhen) Co., Ltd. Chipsbank Microelectronics Co., Ltd. NO. 201-205,2/F, Bldg. NO. 4, Keji Central Road 2 Sohare Park, South Area High-Tech Industrial Park, Shenzhen, China 5 18057
Zotek Electronic Co., Ltd. Dba Zodata Technology Limited 13F No. 508 Chung Hsiao E. Road Taipei City, 11083 Taiwan, R.O.C.
Infotech Logistic, LLC Dba Supertron Memory 48521 Warm Springs Blvd. #305 Fremont, California 94539-7792
Power Quotient International Co., Ltd. 14F, No. 16, Jian Ba Road, Chung Ho City, Taipei 2351 1 Taiwan, R.O.C.
Power Quotient International (HK) Co., Ltd. Flat F. 4/F, Yeung Yiu Chung (No. 8) Industrial Building, 20 Wang Hoi Road, Kowloon Bay, Kowloon, Hong Kong
Syscom Development Co., Ltd. c/o Insigner Corporation Services (BVI) Ltd. Palm Grow Service House PO Box 438 Road Town, Tortola, British Virgin Islands
PQI Corporation 46539 Fremont Blvd. Fremont, California 94538
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PNY Technologies, Inc. 299 Webro Road #2 Parsippany, New Jersey 07054-02 18
Kingston Technology Company, Inc. Kingston Technology Corporation 17600 Newhope St. Fountain Valley, California 92708
Payton Technology Corporation 17600 Newhope St., Ste. B Fountain Valley, California 92708
MemoSun, Inc. 17600 Newhope St. Fountain Valley, California 92708
Melco Holdings, Inc. 4- 11-50, Osu, Naka-Ku 460-00 11 Nagoya, Aichi, Japan
Buffalo, Inc. 15, Shibata hondori 4-chome Minami-ku, Nagoya, 457-8520, Japan
Buffalo Technology (USA), Inc. 11 100 Metric Blvd., Suite 750 Austin, Texas 78758
Verbatim Corporation 1200 West W.T. Harris Blvd. Charlotte, North Carolina 28262
Transcend Information Inc. No. 70, Xing Zhong Road, Nei Hu Dist. Taipei 11494, Taiwan, R.O.C.
Transcend Information Inc. 1645 North Brian St. Orange, California 92867
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Transcend Information Maryland, Inc. Suites Q & R 5 14 Progress Drive Linthicum, Maryland 2 1090
Imation Corp. Imation Enterprises Corp. 1 Imation Place Oakdale, Minnesota 55128
Memorex Products, Inc. Imation Consumer Division 17777 Center Court Drive, Suite 800 Cerritos, California 90703
Add-on Computer Peripherals, Inc. Add-on Computer Peripherals, LLC Dba Acp-Ep Memory Dba Ep Memory 34 Mauchly, Suite A Irvine, California 926 18
Add-on Technology Co. lF, No. 11 Lane 206 Da-An, Road Sec. 1 Taipei, Taiwan, R.O.C.
A-Data Technology Co., Ltd. 18F, No. 258, Lian Cheng Road Chung Ho City, Taipei Hsien 23553, Taiwan, R.O.C.
A-Data Technology (USA) Co., Ltd. 3149 Skyway Court Fremont, California 94539
Acer, Inc. 8F, 88, Sec.1, Hsin Tai Wu Rd., Hsichih City, Taipei Hsien 22 102, Taiwan, R.O.C.
-iv- NONCONFIDENTIAL VERSION
Apacer Technology Inc. 9F, 100, Sec. 1, Hsin Tai Wu Rd. Hsichih City, Taipei Hsien 22 102, Taiwan, R.O.C.
Apacer Memory America, Inc. 2641 Orchard Pkwy San Jose, California 95 134
Behavior Tech Computer Corp. 20F-B, No.98, Sec.1, Hsin Tai 5th Rd., Hsichih City, Taipei 22102, Taiwan, R.O.C.
Emprex Technologies Corp. 20F, 108 Hsin Tai 5th Rd., Sec. 1 Hsichih City, Taipei Hsien, Taiwan, R.O.C.
Behavior Tech Computer (USA) Corp. Dba BTC USA 41 80 Business Center Dr. Fremont, California 94538
Corsair Memory, Inc. 4622 1 Landing Parkway Fremont, California 94538
Dane-Elec Memory S.A. 149-165 Avenue Gallieni 93 171 Bagnolet, France
Deantusaiocht Dane-Elec TEO Dba Dane-Elec Manufacturing Spiddal Industrial Estate Spiddal, Galway, Ireland
Dane Elec Cop. USA Dba Intervalle Corporation Dba Dane-Elec Manufacturing USA 15770 Laguna Canyon Road, #lo0 Irvine, California 926 18
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EDGE Tech Corporation Dba Peripheral Enhancements Corporation 1310 North Hills Center Ada, Oklahoma 74820
Interactive Media Corp. Dba Kanguru Solutions 3 Christina Center 120 Jeffrey Ave Holliston, MA 01 746
Kaser Corporation 4671 1 Fremont Blvd. Fremont, California 94538
LG Electronics, Inc. LG Twin Towers 20 Yeouido-dong, Yeongdeungpo-gu, Seoul, Seoul 150875 Republic of Korea
LG Electronics U.S.A., Inc. 1000 Sylvan Ave. Englewood Cliffs, New Jersey 07632
TSR Silicon Resources Inc. 122 S Van Brunt Street Englewood, New Jersey 0763 1
Welldone Company 1, Lane 279 Nan Ying St Hsichih City, Taipei 22144, Taiwan, R.O.C.
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TABLE OF CONTENTS Pave I . INTRODUCTION ...... 1
I1. COMPLAINANT SANDISK CORPORATION...... 2 I11 . RESPONDENTS ...... 4
A . Flash Memory Controller Companies ...... 4 1. Phison ...... 4 2 . Silicon Motion ...... 9 3 . USBest ...... 14 4 . Skymedi ...... 15 5 . Chipsbank ...... 15 6 . Huke ...... 17 B . Companies Providing Flash Drives, Memory Cards and Media Players ...... 18 1. PQI ...... 18 2 . PNY...... 20 3 . Kingston ...... 21 4 . Buffalo ...... 23 5 . Verbatim ...... 24 6 . Transcend ...... 25 7 . Imation ...... 26 8. Add-on ...... 29 9 . A-Data ...... 30 10. Apacer ...... 31 11. Behavior Tech ...... 32 12. Corsair ...... 34
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13 . Dane.Elec ...... 35 14 . Edge ...... 36 15. Kanguru ...... 37 16. Kaser ...... 38 17 . LG ...... 38 18 . TSR ...... 40 19 . Welldone ...... 40 IV . OVERVIEW OF THE TECHNOLOGY ...... 42 A . Flash Memory Technology ...... 42 B . Flash USB Drives, Memory Cards, and Media Players...... 46 V . THE ASSERTED PATENTS ...... 50 A . The '893 Patent ...... 50 B . The '424 Patent ...... 52 C . The '808 Patent ...... 53 D . The '332 Patent ...... 54 E . The '01 1 Patent ...... 56 F . Licenses...... 57
VI . INFRINGEMENT BY RESPONDENTS ...... 58 A . The '893 Patent ...... 58 B . The '424 Patent ...... 59 C . The '808 Patent ...... 59 D . The '332 Patent ...... 60 E . The '01 1 Patent ...... 61 VI1. IMPORTATION BY RESPONDENTS ...... 61
... -v111- NONCONFIDENTIAL VERSION
A . Flash Memory Controller Companies ...... 61
1. Phison...... 61 2 . Silicon Motion ...... 63 3 . USBest ...... 64 4 . Skymedi ...... 65 5 . Chipsbank ...... 66 6 . Huke ...... 67 B . Companies Providing Flash Drives, Memory Cards and Media Players...... 67
1. PQI ...... 67
2 . PNY ...... 68 3 . Kingston ...... 69 4 . Buffalo ...... 69
5 . Verbatim ...... 70 6 . Transcend ...... 71
7 . Imation ...... 71 8 . Add-on ...... 72
9 . A-Da ta ...... 73 10. Apacer ...... 74
11. Behavior Tech ...... 74 12. Corsair ...... 75 13. Dane-Elec...... 76 14. Edge ...... 76
15. Kanguru ...... 77 16. Kaser ...... 77
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17 . LG ...... 78 18. TSR ...... 79 19. Welldone ...... 79
C . Other Importation...... 80 VI11 . DOMESTIC INDUSTRY ...... 80 IX . RELATED LITIGATION ...... 90 X . RELIEF REQUESTED ...... 91
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I. INTRODUCTION
1. SanDisk Corporation’ (“SanDisk” or “Complainant”) files this Complaint pursuant to Section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 0 1337 (“Section
337”), based on the unlawfbl importation, sale for importation and/or sale after importation into
the United States of certain flash memory controllers, drives, memory cards, and media players
and products containing the same.
2. The proposed Respondents listed above (collectively, “Respondents”) have
engaged in unfair acts in violation of Section 337 through the unlicensed importation, sale for
importation, and/or sale after importation into the United States of certain flash memory
controllers, drives, memory cards: and media players and products containing same, including
USB drives and CompactFlashQ3and MMC memory cardsY3that infringe one or more of claims
12-14, 17, 25, 27, 30, 36, 37, 39, 41, and 58 of U.S. Patent No. 6,426,893 (“the ’893 patent”),
claims 17, 18,24 and 30 of U.S. Patent No. 6,763,424 (“the ’424 patent”), claims 11, 14-17,20,
21 of U.S. Patent No. 5,719,808 (“the ’808 patent”), claims 5 and 10 of U.S. Patent No.
’ For the reader’s convenience, all references to Complainant and one or more named Respondents will be in bold throughout the body of this Complaint.
SanDisk is not accusing of infringement or seeking to exclude any Secure Digital (“SD’) memory cards or Memory Sticks. SanDisk is also not accusing of infringement or seeking to exclude any xD-Picture Cards or other memory cards that do not include a controller. SD, Memory Stick and xD-Picture Card refer to particular formats of memory cards. Furthermore, SanDisk’s infringement allegations do not extend to flash drives, memory cards and/or media players that were sold by a SanDisk licensee to a Respondent to the extent that such sale falls within the scope and terms of the relevant license.
CF (or CompactFlashBTM)and MMC (or MultiMedia Card) refer to particular formats of memory cards.
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6,947,332 (“the ’332 patent”), and claim 8 of U.S. Patent No. 7,137,011 (“the ,011 patent”)
(collectively, “the Asserted Patents”).
3. SanDisk owns by assignment the entire right, title and interest in and to each of
the Asserted Patents. Certified copies of the Asserted Patents are attached as Exhibits 1-5 to
this Complaint.
4. An industry as required by 19 U.S.C. $0 1337(a)(2) and (3) exists in the United
States relating to the articles protected by the Asserted Patents.
5. Complainant seeks a permanent exclusion order prohibiting from entry into the
United States infringing flash memory controllers, drives, memory cards and media players,
and products containing same, including flash USB drives and CompactFlashB and MMC memory cards. Complainant also seeks permanent cease and desist orders prohibiting
importation into the United States, admission into a foreign trade zone, sales for importation,
andor sales after importation of any infringing flash memory controllers, drives, memory
cards, and media players, and products containing same, including USB drives and
CompactFlashB and MMC memory cards.
11. COMPLAINANT SANDISK CORPORATION
6. Complainant SanDisk is incorporated under the laws of the State of Delaware, with its principal place of business at 601 McCarthy Boulevard, Milpitas, California 95035. A copy of SanDisk’s 2006 10-K is attached to this Complaint as Exhibit 6.
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7. SanDisk is a leading supplier of flash memory storage products. SanDisk is in the business of designing, manufacturing and marketing a wide range of flash memory products including memory cards, memory sticks, USB drives and media players. These products incorporate SanDisk’s patented flash memory and controller technology. Submitted as Exhibit
7 are marketing brochures, which show some of SanDisk’s flash memory products.
8. SanDisk sells its flash memory products primarily to the consumer electronics and industriaVcommunications markets. SanDisk’s flash memory products provide the non- volatile memory storage for numerous electronic host system devices such as digital cameras, smart cellular phones, PDAs, hand-held computers, medical devices, audio recorders, networking equipment and industrial equipment.
9. Through its focus on innovation and developing cutting-edge technological solutions to the storage needs of its customers, SanDisk has established itself as a leading company in the flash memory industry. SanDisk is a worldwide market leader in flash memory cards and USB drives. Furthermore, SanDisk is the second-biggest seller of media players in the United States: only the Apple brand iPod is more popular.
10. SanDisk has over 800 patents relating to flash memory processes, designs, devices and storage systems. These patents are fundamental to the success of the company and cover many key aspects of flash memory technology.
11. SanDisk has a long-standing policy and practice of promoting the growth of the flash memory industry and the use of flash memory technology. SanDisk has established programs to license its patented technology to companies throughout the flash memory industry. For example, SanDisk has an important program to license companies who sell flash memory cards and USB drives.
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12. Through its licensing activities, SanDisk enables companies to benefit f’rom the
hundreds of millions of dollars SanDisk has spent on research and development. SanDisk
license agreements provide licensees the right to make, use and sell products that incorporate
SanDisk’s patented technology.
13. SanDisk license agreements serve another important purpose. The agreements protect the company from the unauthorized exploitation of its technology. The agreements
assure that SanDisk receives a fair return on its investment in research and development.
14. Because it has broadly licensed its technology, SanDisk receives substantial royalties for use of its patented technology. Patent royalties represent approximately 10 percent of SanDisk’s total revenue. SanDisk uses these royalties to fund further research and
development in flash memory technology and systems and, thus, maintain its competitive edge
over its many well-funded competitors.
15. To protect its investment in research and development and to protect companies that enter into license agreements with SanDisk, the licensing program requires SanDisk to take legal action to prevent the unauthorized use of its patented technology in the United States.
111. RESPONDENTS
A. Flash Memory Controller Companies
1. Phison
16. SanDisk is informed and believes that Respondent Phison Electronics
Corporation (“Phison”) is a company organized under the laws of the Republic of China
(Taiwan) with its principal place of business in Chutung, Hsinchu, Taiwan.
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17. SanDisk is informed and believes that Phison’s business includes the design, development, manufacture, and/or sale of flash memory controllers and OEWODM USB flash drive, memory card and media player products. See Exhibit SA and Exhibit SB.
18. Phison flash memory controllers are designed for use in at least flash drives, memory cards, media players and solid state disks and other embedded solutions such as media players. See Exhibit SA and Exhibit SB.
19. Phison controllers support at least CF, MMC, SATA, NAND and USB interfaces and include at least the following controllers for at least the specified products:
PS2002, PS2031, PS2044, PS2045, PS2134, PS2135, PS2136, PS2143, PS2151, PS2153,
PS2154, PS2230, PS2231, U20JV, U20TW, and UP8-Y for USB flash drives; PS3002 and
PS3006 for CF memory cards; PS3002 and PS8000 for flash media players; PS3102 for solid state disks; PS2134DM for card readers; and PS8003 and PS8005 for MMC cards. See Exhibit
SA; Exhibit SB; Exhibit A to the Declaration of Neal Furino (“Furino Declaration”) (Exhibit
109).
20. In addition to flash memory controllers, Phison provides flash memory products incorporating its controllers. Phison flash memory products include a series of flash drives and memory cards aimed at the ODM/OEM market including at least Pen Drives
(Pro2007625142810 USB 2.0 drive), CF memory cards (Pro200762514355), MMC cards
(Pro200762514015) and Express cards (Pro2007625143128) (depicted below). See Exhibit SA and Exhibit SB.
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21. Phison’s Express card products also include its USB drive controllers. See
Exhibit 8B at 25.
22. A Phison presentation entitled “Phison Electronics Corp. Presentation
Investors Meeting, SingaporeMK July 10-11, 2007” (referred to as “Phison Investors
Presentation”) provides information about Phison’s controller and flash memory products and
business. See Exhibit 8B.
23. According to the Phison Investors Presentation, Phison’s stated “Mission[] in
2007” is to “[elxpand Phison controllers business rapidly”, including its “UFD [or USB flash
drive], Memory cards and Embedded solutions” products and “[ilncrease the production
capacity for all products [continuously]”. See Exhibit 8B at 28.
24. The Phison Investors Presentation states that “Phison’s Core Value” is to be a
“Solution Provider” “to help Brand Names quickly launch NAND products” by offering “IC
design,” “system integration,” “OEM/ODM,” and “turnkey” services and providing updated products “NAND product BRAND NAMES in retail.” See Exhibit 8B at 12, 14-16.
25. This “Core Value” aims to “[elxpand Phison controllers business rapidly” by incorporating its controller products into unbranded flash memory products for major retail brand names. See Exhibit 8B at 28, 12, 14-16.
26. The July 10-11, 2007 Phison Investors Presentation claims that (i) “[mlany major brand names have turned to Phison in Q1 2007” and (ii) Phison has designed and built
“[mlore than 100 types of USB drives and similar products in production” “for worldwide brand names.” See Exhibit 8B at 16,22.
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27. The Phison Investors Presentation also claims that Phison has designed its
PS8000 controller into major MP3 player products with embedded NAND. See Exhibit 8B at
24.
28. The July 10-11, 2007 Phison Investors Presentation discusses a Phison USB
Smart Drive with Phison PS2230 controller and emphasizes the ability of the PS2230 and
PS2231 to support U3 or AES encryption and Windows Vista ReadyBoostTMfeatures. See
Exhibit 8B at 21, 18-20; id. at 19 (“Smart Drive with PS2230 Controller” can “launch and run software easily from U3 smart drive”).
29. On information and belief, Phison uses the ability of its Smart Drive with
PS2230 Controller to provide U3 technology as a selling point to investors and customers in the flash drive market. See Exhibit 8B at 18-21.
30. The July 10-11, 2007 Phison Investors Presentation states that “Phison is the
ONLY U3 solution provider beside SanDisk.” See Exhibit 8B at 21 (emphasis in original).
31. In late June 2007, Imation announced the introduction of a Memorex M-Flyer
Pilot Drive. On information or belief, the M-Flyer Pilot Drive became available to the public around July 16,2007. See Exhibit 56.
32. Imation press releases and its website emphasize the security sofhvare and
Windows Vista ReadyBoostTMfeatures of the M-Flyer Pilot Drive. See Exhibit 56.
33. A Phison PS2331 controller is incorporated into the Imation (Memorex) M-
Flyer Pilot Drive with software security. See Exhibit B to the Furino Declaration; Exhibit 56.
34. Exhibit B to the Furino Declaration at ID 177 includes details related to an M-
Flyer Pilot Drive that was purchased on August 1, 2007. The M-Flyer Pilot Drive included a
PS223 1 controller and its packaging was marked “Made in Taiwan.”
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35. Phison also provides USB controller modules in PC motherboards. These modules include a “Phison USB2.0 controller and two NAND Flashes” and use a “standard internal USB interface.” See Exhibit 8B at 20. “Phison USB+Flash Modules” support Vista
ReadyBoost, and U3 or AES encryption applications. See Exhibit 8B at 20.
36. Phison memory controllers are used in at least Phison flash memory products and in the flash memory products of the following Respondents (defined below): PNY,
Kingston, Verbatim, Imation (for Imation, Memorex, and TDK brands), Apacer, Behavior
Tech, Dane-Elec, Edge, and Kanguru, as well as Creative Zen V Plus MP3 media players.
See Exhibit A and Exhibit B to the Furino Declaration.
37. A representative flash memory product incorporating a representative Phison controller is described in “Engineering Report including Functional Analysis on the Phison
Elecs. Corp. PS2136CC USB 2.0 Flash Controller”. See Confidential Exhibit 9. The specification for the representative PS2 136 controller is attached to the Complaint as Exhibit
10.
38. On information and belief, Phison regards SanDisk as a competitor in the USB flash drive controller market. See Exhibit 8B at 8,21.
39. On information and belief, Phison considered itself to have over 30% of the market in USB flash drive controllers in 2006. See Exhibit 8B at 8.
40. On information and belief, as of July 2007, Phison considers the market for
USB flash controllers to include controllers incorporated in USB flash drive products. See
Exhibit 8B at 7.
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41. On information and belief, as of July 2007, Phison considered the market for
memory card controllers to include controllers contained in memory card USB flash drive
products. See Exhibit 8B at 7.
42. On information and belief, as of July 2007, Phison regarded SanDisk as a
competitor in the memory card controller market. See Exhibit 8B at 8.
43. As of July 2007, Phison considered SanDisk to be a direct competitor with
respect to USB smart drives. See Exhibit 8B at 2 1.
44. As of July 2007, Phison considered itself to be first in the world USB market
with a 40% market share. See Exhibit 8B at 22.
2. Silicon Motion
45. SanDisk is informed and believes that Respondent Silicon Motion Technology
Corporation is a company headquartered in Taiwan with its principal place of business in
Jhubei City, Taiwan which is organized under the laws of the Cayman Islands. See Exhibit 11
at 14; Exhibit 12B at 3.
46. SanDisk is informed and believes that Respondent Silicon Motion Inc.
(“Silicon Motion Inc. (Taiwan)”), formerly known as Feiya Technology Corp., is a company
organized under the laws of the Republic of China (Taiwan) with its principal place of business
in Jhubei City, Taiwan. See Exhibit 11 at 34-35.
47. SanDisk is informed and believes that Respondent Silicon Motion Inc.
(Taiwan) is a wholly-owned subsidiary of Respondent Silicon Motion Technology
Corporation. See Exhibit 11 at 34-35.
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48. SanDisk is informed and believes that Respondent Silicon Motion, Inc.
(“Silicon Motion, Inc. (USA)”) is a company organized under the laws of the State of
California with its principal place of business in Milpitas, California.
49. SanDisk is informed and believes that Respondent Silicon Motion, Inc. (USA)
is a wholly-owned subsidiary of Respondent Silicon Motion Inc. (Taiwan). See Exhibit 11
at 34-35.
50. SanDisk is informed and believes that Respondent Silicon Motion
International, Inc. is a company organized under the laws of the State of Delaware with its
principal place of business in Milpitas, California.
51. SanDisk is informed and believes that Respondent Silicon Motion
International, Inc. is a wholly-owned subsidiary of Respondent Silicon Motion, Inc. (USA).
See Exhibit 11 at 34-35.
52. SanDisk is informed and believes that Respondents Silicon Motion
Technology Corporation, Silicon Motion Inc. (Taiwan), Silicon Motion, Inc. (USA), and
Silicon Motion International, Inc., along with at least Silicon Motion Hong Kong Limited,
Silicon Motion International GmbH, Silicon Motion International (Japan), Silicon Motion
Investment Limited (Samoa), Silicon Motion Korea Ltd., Silicon Motion, Inc. (China) and
Lake Tahoe Investment Corporation, (collectively, “Silicon Motion”) are related companies
that operate together as Silicon Motion. See Exhibit 11 at 34-35.
53. SanDisk is informed and believes that Silicon Motion’s business includes the design, development, manufacture, andor sale of flash memory controllers for use in most mobile storage media, such as flash memory cards, USB flash drives, multimedia systems-on- a-chip, and media players. See Exhibit 12A and 12B.
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54. Silicon Motion offers a wide range of flash drive controllers including at least
SM321, SM321E, SM323, SM324, and SM330 USB 2.0 flash drive controllers; SM221,
SM222, and SM223 CompactFlashO Card controllers; SM261, SM263, SM265, and SM267
MMC controllers; SM331 and SM333 card reader controllers; and SM339, SM340, SM341,
SM350, and SM351 MP3 media player controllers. See Exhibit 12A; Exhibit 12B; Exhibit A to the Furino Declaration.
55. A Silicon Motion presentation “ConfigCom Shanghai 2007 Silicon Motion
Technology Corp., [of] Wallace Kou, President & CEO, June 21, 2007” (“Silicon Motion
Kou Presentation”) identifies PNY, SimpleTech, Corsair, A-Data, Kingston, Buffalo,
Transcend, and Kingmax as some of Silicon Motion’s “Mobile Storage Customers”. See
Exhibit 12B at 9.
56. The Silicon Motion Kou Presentation also provides information about Silicon
Motion’s controller and flash memory products and business. See Exhibit 12B.
57. The “Silicon Motion Kou Presentation” indicates that Silicon Motion, a flash memory controller company founded in 1997, achieved rapid growth by leveraging flash memory controller technology. See Exhibit 12B at 3,4-6, 16-17.
58. The “Silicon Motion Kou Presentation,’ states that Silicon Motion’s net sales were $106.5 million in 2006 with $17.5 million in the first quarter of 2006. The “Silicon
Motion Kou Presentation’’ indicates Silicon Motion’s sales are expected to grow rapidly in
2007 - reporting net sales in the first quarter of 2007 at $35.5 million or more than twice net sales in the same quarter in 2006. See Exhibit 12B at 3.
59. The “Silicon Motion Kou Presentation” states that Silicon Motion met the following “Milestones”: in 2002, “1 million CF controllers shipped in ’02”; in 2003,
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“[llaunched MMC controllers with 1 million ... shipped in 2 months”; in 2004, “[llaunched
USB 2.0 controllers with 7 million controllers shipped in ’04” and “27 million flash memory card (SD/MMC) controllers shipped in ’04”; in 2005, “record shipment in Sep: [olver 10 million SD/MMC controllers”; in 2006, “136 million flash memory card controllers shipped in
’06” and “25 million UFD controllers shipped in ’06”; in 2007, Record shipment in first quarter: [olver 64 million mobile storage controllers and 1.2 million multimedia SoC controllers”. See Exhibit 12B at 3.
60. The “Silicon Motion Kou Presentation” states that the “Silicon Motion Market
Share” in “Flash Memory Card Controllers” was 4% in 2003, 12% in 2004, 21% in 2005, and
3 1% 2006, and is expected to increasingly grow in 2007. See Exhibit 12B at 6.
61. The “Silicon Motion Kou Presentation” states that the “Silicon Motion Market
Share” in “USB Flash Drive Controllers” was 0% in 2003, 14% in 2004, 20% in 2005, and
24% 2006, and is expected to fiuther increasing grow in 2007. See Exhibit 12B at 6.
62. The “Silicon Motion Kou Presentation” indicates that Silicon Motion considers
“Flash card controllers”, “USB flash drive controllers”, and “Flash MP3RMP [portable media players] SoCs” as Silicon Motion products that provide “Multiple Engines of Growth”. See
Exhibit 12B at 4.
63, The “Silicon Motion Kou Presentation” indicates that Silicon Motion considers
“[memory clards and UFDs [to be] leading growth drivers.” See Exhibit 12B at 5.
64. The “Silicon Motion Kou Presentation” indicates that Silicon Motion’s
“Product Extension Strategy” involves “Leveraging Core Flash Controller Technology” in
“Flash Memory Card Controllers” (including CF and MMC controllers) into “USB Flash Drive
Controllers” and “Flash MP3RMP SoCs”. See Exhibit 12B at 16.
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65. The “Silicon Motion Kou Presentation” indicates that Silicon Motion’s
“MP3Portable Media Player Strategy” involves “Leveraging Core Flash Controller
Technology”. See Exhibit 12B at 17.
66. The “Silicon Motion Kou Presentation” states that its “Flash Memory Card
Controller[s]” “Function [as a] Data gateway between host and NAND flash memory” and provides “ECC to detect and correct transaction data error.” See Exhibit 12B at 9.
67. The “Silicon Motion Kou Presentation” states that its products are in “[mlore than 1200 host devices with card slots”. The “Silicon Motion Kou Presentation” states that
“SMI is willing to provide compatibility verification service to the customers.” See Exhibit
12B at 9.
68. The “Silicon Motion Kou Presentation” indicates that Silicon Motion’ considers “‘Verification and test process’ [to be] more important than “design and development”. See Exhibit 12B at 30.
69. The “Silicon Motion Kou Presentation” indicates that Silicon Motion considers that being “[alble to provide a turn-key solution or platform solution” is important to its consumer product business. See Exhibit 12B at 3 1.
70. On information and belief, Silicon Motion has provided its flash memory controllers and/or products containing Silicon Motion and/or other companies’ controllers under the Silicon Motion and/or the Feiya brand or designation. See Exhibit 11.
71. In addition, Silicon Motion controllers are used in the flash memory products, including USB flash drives, MMC and CompactFlashO memory cards and/or media players, of at least the following Respondents (defined below) and other entities: PQI, PNY, Buffalo,
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Add-on, A-Data, Corsair, LG, SimpleTech, Sony, Super Talent, and Wintec (dba FileMate).
See Exhibit A to the Furino Declaration.
72. A representative flash memory product incorporating a representative Silicon
Motion controller is described in “Engineering Report Including Functional Analysis on the
Silicon Motion SM321QF USB 2.0 Flash Controller”. See Confidential Exhibit 13. The
Silicon Motion SM32 1 Controller Product Description for the representative SM32 1 controller is attached to the Complaint as Exhibit 14.
3. USBest
73. SanDisk is informed and believes that Respondent USBest Technology, Inc.
(“USBest”) is a company organized under the laws of the Republic of China (Taiwan) with its principal place of business in Hsinchu, Taiwan.
74. SanDisk is informed and believes that USBest’s semiconductor business includes the design, development, manufacture, and/or sale of flash memory controllers, including UT161, UT163, UT166, UT168, UT169, and UT170 for USB 2.0 flash and hub controllers; UTI171, UT176, UT310 UT314, UT330, UT335, UT360, and UT367 for USB biometric reader controllers, card reader and multifunction card reader controllers; and flash card controllers. See Exhibit 15; Exhibit A to the Furino Declaration.
75. USBest controllers are used in at least the flash memory products of the following Respondents (defined below) and other entities: PQI, Verbatim, Transcend,
Imation, Add-on, A-Data, Behavior Tech, Kanguru, Welldone and Pretec and Trek. See
Exhibit A to the Furino Declaration.
76. A representative flash memory product incorporating a representative USBest controller is described in “Engineering Report Including Functional Analysis on the USBest
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Technology Inc. UT163 USB 2.0 Flash Controller”. See Confidential Exhibit 16. The datasheet - UT1 63 USB2.0 Flash Drive Controller Datasheet, Rev. 3.1 , dated August 7,2006 - for the representative UT163 controller is attached to the Complaint as Exhibit 17.
4. Skymedi
77. SanDisk is informed and believes that Respondent Skymedi Corporation
(“Skymedi”) is a company organized under the laws of the Republic of China (Taiwan) with its principal place of business in Hsinchu, Taiwan.
78. SanDisk is informed and believes that Skymedi’s business includes the design, development, manufacture, andor sale of flash memory controllers for memory cards, USB
Thumb Drives, MMC cards, and media players. See Exhibit 18.
79. Skymedi offers at least SK6201, SK6202, SK6203, SK6211 and SK6281 flash drive controllers; and SK6602, SK6612, SK6621, SK6626 and SK6802 MMC card controllers.
See Exhibit 18; Exhibit A to the Furino Declaration.
80. Skymedi controllers are used in at least the flash memory products of the following Respondents (defined below): PQI, Kingston and Corsair. See Exhibit A to the
Furino Declaration.
8 1. A representative flash memory product incorporating a representative Skymedi
SK6281 controller is described in “Engineering Report Including Functional Analysis on the
Skymedi SK628 1 USB 2.0 Flash Controller”. See Confidential Exhibit 19.
5. Chipsbank
82. SanDisk is informed and believes that Respondent Chipsbrand
Microelectronics (HK) Co., Ltd. is a limited company organized under the laws of the
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People’s Republic of China (Hong Kong) with its principal place of business in Hong Kong
Island, Hong Kong.
83. SanDisk is informed and believes that Respondent Chipsbank Technology
(Shenzhen) Co., Ltd. is a limited company organized under the laws of People’s Republic of
China with its principal place of business in Shenzhen, People’s Republic of China.
84. SanDisk is informed and believes that Respondent Chipsbank Technology
(Shenzhen) Co., Ltd. is a wholly-owned subsidiary of Chipsbrand Microelectronics (HK)
Co., Ltd.
85. SanDisk is informed and believes that Respondent Chipsbank
Microelectronics Co., Ltd. is a limited company organized under the laws of People’s
Republic of China with its principal place of business in Shenzhen, People’s Republic of China.
86. SanDisk is informed and believes that Respondent Chipsbank
Microelectronics Co., Ltd. is a wholly-owned subsidiary of Respondent Chipsbank
Technology (Shenzhen) Co., Ltd.
87. SanDisk is informed and believes that Respondents Chipsbank
Microelectronics Co., Ltd., Chipsbrand Microelectronics (HK) Co., Ltd. and Chipsbank
Technology (Shenzhen) Co., Ltd. (collectively, “Chipsbank’) are related companies that operate together as Chipsbank.
88. SanDisk is informed and believes that Chipsbank’s business includes the design, development, and/or sale of flash memory controllers. See Exhibit 20.
89. Chipsbank offers at least the following flash drive controllers: CBM 1180,
CBM 1183, CBM 1190, CBM 2075, CBM 2080, CBM 2081, CBM 2090, and CBM2076. See
Exhibit 20; Exhibit A to the Furino Declaration.
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90. Chipsbank controllers are used in at least the USB flash drives of the following
Respondents (defined below) and other entities: Kaser, TSR, Huke, and Super Talent. See
Exhibit A to the Furino Declaration.
91. A representative flash memory product incorporating a representative
Chipsbank CBM2080 controller is described in “Engineering Report Including Functional
Analysis on the Chipsbank CBM2080 USB 2.0 Flash Controller”. See Confidential Exhibit
21. The specification, datasheet and product description applicable to the Chipsbank
CBM2080 controller are attached to the Complaint as Exhibit 22.
6. Huke
92. SanDisk is informed and believes that Respondent Infotech Logistic, LLC is a
limited liability company organized under the laws of the State of California with its principal place of business in Fremont, California.
93. SanDisk is informed and believes that Respondent Infotech Logistic, LLC
does business as Supertron Memory.
94. SanDisk is informed and believes that Respondent Zotek Electronic Co., Ltd.
is a limited company organized under the laws of the Republic of China (Taiwan) with its principal place of business in Taipei City, Taiwan.
95. SanDisk is informed and believes that Respondent Zotek Electronic Co., Ltd. operates a branch office that does business as Zodata Technology Limited in Tsuen Wan,
Hong Kong and in Shenzhen, Guangdong, China.
96. SanDisk is informed and believes that Respondent Infotech Logistic, LLC and
Respondent Zotek Electronic Co., Ltd. (collectively, “Huke”) are related companies that
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97. SanDisk is informed and believes that Huke’s business includes the design, development, manufacture, andor sale of flash memory controllers, flash drives, and MP3 media players and card readers. See Exhibit 23 and Exhibit 24.
98. Huke offers at least the EH163 flash drive controller. Huke also offers Pen
Drives, a Huke Platinum line of USB drives, and MP3 players and card readers. On information and belief, Huke may use Huke controllers in its flash memory products. See
Exhibit 23 and Exhibit 24; Exhibit A to the Furino Declaration.
99. Huke controllers are used in at least the flash memory products of Respondent
Behavior Tech (defined below). See Exhibit A to the Furino Declaration.
100. Huke uses controllers of at least Respondent Chipsbank in its flash memory products. See Exhibit A to the Furino Declaration.
101. A representative flash memory product incorporating a representative Huke
EH163 controller is described in “Engineering Report Including Functional Analysis on the
Huke Technology Ltd. USB 2.0 Flash Controller”. See Confidential Exhibit 25. The specification for the Huke EH163 controller is attached to the Complaint as Exhibit 26.
B. Companies Providing Flash Drives, Memory Cards and Media Players
1. PQI
102. SanDisk is informed and believes that Respondent Power Quotient
International Co., Ltd. is a limited company organized under the laws of the Republic of
China (Taiwan) with its principal place of business in Chung Ho City, Taipei, Taiwan.
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103. SanDisk is informed and believes that Respondent Power Quotient
International (HK) Co., Ltd. is a limited company organized under the laws of the People’s
Republic of China (Hong Kong) with its principal place of business in Kowloon Bay, Hong
Kong.
104. SanDisk is informed and believes that Respondent Power Quotient
International (HK) Co., Ltd. is a wholly-owned subsidiary of Respondent Power Quotient
International Co., Ltd.
105. SanDisk is informed and believes that Respondent Syscom Development Co.,
Ltd. is a limited company organized under the laws of the British Virgin Islands with its principal place of business in Road Town, Tortola, British Virgin Islands.
106. SanDisk is informed and believes that Respondent Syscom Development Co.,
Ltd. is a wholly-owned subsidiary of Respondent Power Quotient International Co., Ltd.
107. SanDisk is informed and believes that Respondent PQI Corporation is a
company organized under the laws of the State of California with its principal place of business
in Fremont, California.
108. SanDisk is informed and believes that Respondent PQI Corporation is a wholly-owned subsidiary of Respondent Syscom Development Co., Ltd.
109. SanDisk is informed and believes that Respondents Power Quotient
International Co., Ltd., Power Quotient International (HK) Co., Ltd., Syscom
Development Co., Ltd., and PQI Corporation, along with at least Power Quotient
International Europe B.V., PQI Japan Co., Ltd., Power Quotient International (Shanghai) Co.,
Ltd., Power Quotient International (Suzhou) Co., Ltd., Power Quotient International
(Shenzhen) Co., Ltd., Power Global Index Co., Ltd., Power Quotient International (Korea) Co.,
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Ltd., Power Quotient (Shanghai) International Trading Co., Ltd., (collectively, “PQI”) are related companies that operate together as Power Quotient International or PQI. See Exhibit
26.
110. SanDisk is informed and believes that PQI’s business includes the design, development, manufacture, and/or sale of flash drives, memory cards, media players and memory controllers. See Exhibit 27.
11 1. PQI offers a wide range of USB flash drives, including at least the Card Drive,
Cool Drive, Intelligent Stick, Traveling Disk, and Smart Genie, and Mr. Flash Series. PQI’s
Intelligent Stick uses at least PQI’s CLCPCOl controller. See Exhibit 27; Exhibit A to the
Furino Declaration.
112. PQI offers a wide range CompactFlashB cards (including CompactFlashB 24X;
CompactFlashB 40X; CompactFlashQ3 60X; CompactFlashB 1OOX; CompactFlashB 120X;
CompactFlashB Standard, and Industrial CompactFlashB) and MMC cards (including MMC,
MMCmicro, MMCmobile, MMCplus, and RS-MMC). See Exhibit 27.
113. PQI also offers media players such as JoyTone-US01 and JoyTone U820. See
Exhibit 27.
114. PQI uses controllers of at least Respondents Silicon Motion, USBest,
Skymedi and PQI in its flash memory products. See Exhibit A to the Furino Declaration.
2. PNY
115. SanDisk is informed and believes that Respondent PNY Technologies, Inc. is a company organized under the laws of the State of Delaware with its principal place of business in Parsippany, New Jersey.
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116. SanDisk is informed and believes that Respondent PNY Technologies, Inc.
was formerly titled and may still do business as P.N.Y. Electronics, Inc.
117. SanDisk is informed and believes that Respondent PNY Technologies, Inc.,
along with at least P.N.Y. Technologies Europe, S.A., PNY Technologies GmbH, PNY
Technologies (UK) Ltd., and PNY Technologies, Inc. Taiwan Branch (U.S.A.) (collectively,
“PNY’) are related companies that operate together as PNY. See Exhibit 28.
118. SanDisk is informed and believes that PNY’s business includes the design,
development, manufacture, andor sale of flash drives and CompactFlashB and MMC memory
cards. See Exhibit 29.
119. SanDisk is informed and believes that PNY offers a wide range of USB flash drives, including the Attach6, Mini AttachC, Collegiate AttachC, Optima Pro AttachC, Secure
AttachC, All-Terrain AttachC, Evolution AttachC, Executive AttachC, and MaxFile AttachC lines. See Exhibit 29.
120. PNY uses controllers of at least Respondents Phison and Silicon Motion in its products. See Exhibit A to the Furino Declaration.
3. Kingston
121. SanDisk is informed and believes that Respondent Kingston Technology
Company, Inc. is a company organized under the laws of the State of Delaware with its principal place of business in Fountain Valley, California.
122. SanDisk is informed and believes that Respondent Kingston Technology
Corporation is a company organized under the laws of the State of California with its principal place of business in Fountain Valley, California. See Exhibit 30.
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123. SanDisk is informed and believes that Respondent Payton Technology
Corporation is a company organized under the laws of the State of California with its principal
place of business in Fountain Valley, California. See Exhibit 31.
124. SanDisk is informed and believes that Respondent Payton Technology
Corporation is an affiliate of Respondent Kingston Technology Co., Inc. See Exhibit 32.
125. SanDisk is informed and believes that Respondent MemoSun, Inc. is a
company organized under the laws of the State of California with its principal place of business
in Fountain Valley, California.
126. SanDisk is informed and believes that Respondent MemoSun, Inc. is a
distributor of Kingston products. See Exhibit 33.
127. SanDisk is informed and believes that Respondents Kingston Technology
Company, Inc., Kingston Technology Corporation, Payton Technology Corporation, and
MemoSun, Inc., along with at least Kingston Technology (Shanghai) Company, Inc., Kingston
Technology Far East Corp., Kingston Technology F.E. (Malaysia) SND BHD, Kingston
Technology Holdings Limited, Kingston Technology International Limited, Kingston
Technology (France) SARL, Kingston Technology Deutschland GmbH, Kingston Technology
Europe Ltd., StorCase Technology, Inc., StorCase Technology Europe Ltd., and Payton
Technology (Shenzhen) Co., Ltd., (collectively, “Kingston”) are related companies that operate together as Kingston, Payton, StorCase or MemoSun. See Exhibit 34.
128. SanDisk is informed and believes that Kingston’s business includes the design, development, manufacture, and/or sale of flash drives, CompactFlashQ3 and MMC memory cards, and media players. See Exhibit 35.
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129. Kingston offers a variety of USB flash drives, including at least the
DataTraveler series for consumers and enterprises; MMCmobile cards; and a variety of
CompactFlashQ3 cards. See Exhibit 35.
130. Kingston uses controllers of at least Respondents Phison and Skymedi in its
products. See Exhibit A to the Furino Declaration.
4. Buffalo
131. SanDisk is informed and believes that Respondent Melco Holdings, Inc. is a
company organized under the laws of Japan with its principal place of business in Nagoya,
Japan. See Exhibit 36.
132. SanDisk is informed and believes that Respondent Buffalo, Inc. is a company
organized under the laws of Japan with its principal place of business in Nagoya, Japan. See
Exhibit 37 at 1.
133. SanDisk is informed and believes that Respondent Buffalo, Inc. is a wholly-
owned subsidiary of Respondent Melco Holdings, Inc. See Exhibit 37 at 1.
134. SanDisk is informed and believes that Respondent Buffalo Technology
(USA), Inc. is a company organized under the laws of the State of Delaware with its principal place of business in Austin, Texas. See Exhibit 38.
135. SanDisk is informed and believes that Respondent Buffalo Technology
(USA), Inc. is a wholly-owned subsidiary of Respondent Melco Holdings, Inc. See Exhibit
39.
136. SanDisk is informed and believes that Respondents Melco Holdings, Inc.,
Buffalo, Inc., and Buffalo Technology (USA), Inc., along with at least Buffalo Logistics Inc.,
Buffalo Technology (Taiwan) Inc., Buffalo Technology Ireland Ltd., Buffalo Technology UK
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Ltd., CFD Sales Inc., Orieblenet Corp., Buffalo Technology (Germany), and Buffalo
Technology (Korea), (collectively, “Buffalo”) are related companies that operate together as
Buffalo. See Exhibit 40 at 17.
137. SanDisk is informed and believes that Buffalo’s business includes the design,
development, manufacture, and/or sale of flash drives and memory cards, including
CompactFlashB cards. See Exhibit 41.
138. Buffalo offers several USB flash drives, including the Buffalo Ultra High Speed
USB Flash Drive and Buffalo High Speed USB Flash Drive. See Exhibit 41.
139. Buffalo uses controllers of at least Respondent Silicon Motion in its products,
See Exhibit A to the Furino Declaration.
5. Verbatim
140. SanDisk is informed and believes that Respondent Verbatim Corporation is a
company organized under the laws of the State of California with its principal place of business
in Charlotte, North Carolina.
141, SanDisk is informed and believes that Respondent Verbatim Corporation,
along with at least Verbatim Ltd. (Panama), Verbatim Italia S.p.A, Verbatim Limited (South
Afiica), Verbatim Limited (England), Verbatim France S .A. S, Verbatim GmbH, Verbatim
Espaiia S.A, Verbatim Nordic, Verbatim Australia Pty Ltd., Verbatim New Zealand, Verbatim
Shenzhen, and Verbatim Singapore, (collectively, “Verbatim”) are related companies that
operate together as Verbatim. See Exhibit 42.
142. SanDisk is informed and believes that Verbatim’s business includes the design, development, manufacture, and/or sale of flash drives, memory cards, and media players. See
Exhibit 43.
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143. Verbatim offers a wide range of USB flash drives, including the Store ‘n Go series, a variety of CompactFlash@ memory cards, and media players, such as Store W Play
MP3 Player series. See Exhibit 43.
144. Verbatim uses controllers manufactured by at least Respondents Phison and
USBest in its products. See Exhibit A to the Furino Declaration.
6. Transcend
145. SanDisk is informed and believes that Respondent Transcend Information
Inc. (“Transcend Information Inc. (Taiwan)”) is a company organized under the laws of the
Republic of China (Taiwan) with its principal place of business in Taipei, Taiwan. See Exhibit
44.
146. SanDisk is informed and believes that Respondent Transcend Information
Inc. (“Transcend Information Inc. (California)”) is a company organized under the laws of the State of California with its principal place of business in Orange, California. See Exhibit
45.
147. SanDisk is informed and believes that Respondent Transcend Information
Inc. (California) is an affiliate of Respondent Transcend Information Inc. (Taiwan).
148. SanDisk is informed and believes that Respondent Transcend Information
Maryland, Inc. is a company organized under the laws of the State of Maryland with its principal place of business in Linthicum, Maryland. See Exhibit 46.
149. SanDisk is informed and believes that Respondent Transcend Information
Maryland, Inc. is a branch office of Respondent Transcend Information Inc. (California).
150. SanDisk is informed and believes that Respondents Transcend Information
Inc. (Taiwan), Transcend Information Inc. (California) and Transcend Information
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Maryland, Inc., along with at least Transcend Information (Shanghai) Ltd., Memhiro Pte. Ltd.,
Saffire Investment Ltd., Transcend Information UK Ltd., Transcend Japan Inc., Transcend
Information Inc. Europe B.V., Transcend Information Inc. Europe B.V., (collectively,
“Transcend’) are related companies that operate together as Transcend.
151. SanDisk is informed and believes that Transcend’s business includes the
design, development, manufacture, and/or sale of a variety of flash drives, memory cards, and
media players. See Exhibit 47.
152. Transcend offers the Hi-Speed Series, V Series, and Elite Series of JetFlash brand USB drives, CompactFlash@ and MMC memory cards and the T.sonic series of media players. See Exhibit 47.
153. Transcend uses controllers of at least Respondent USBest in its products. See
Exhibit A to the Furino Declaration.
7. Imation
154. SanDisk is informed and believes that Respondent Imation Corp. is a company organized under the laws of the State of Delaware with its principal place of business in Oakdale, Minnesota. See Exhibit 48; Exhibit 49 at 1.
155. SanDisk is informed and believes that Respondent Imation Enterprises Corp. is a company organized under the laws of the State of Delaware with its principal place of business in Oakdale, Minnesota. See Exhibit 50.
156. SanDisk is informed and believes that Respondent Imation Enterprises Corp. is a wholly-owned subsidiary of Respondent Imation Corp.
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157. SanDisk is informed and believes that Respondent Memorex Products, Inc. is
a company organized under the laws of the State of California with its principal place of
business in Cerritos, California. See Exhibit 51; Exhibit 52 at 1.
158. SanDisk is informed and believes that Respondent Imation Corp. acquired
Respondent Memorex Products, Inc. in April 2006. See Exhibit 53 at 1. SanDisk is
informed and believes that Respondent Memorex Products, Inc. is also known as Imation
Consumer Division and may do business under that name. See Exhibit 49.
159. SanDisk is informed and believes that Respondent Memorex Products, Inc. is
a wholly-owned subsidiary of Respondent Imation Corp. See Exhibit 53 at 1.
160. SanDisk is informed and believes that Respondent Imation Corp. acquired the
TDK brand in 2007. See Exhibit 54.
161. SanDisk is informed and believes that Respondents Imation Corp., Imation
Enterprises Corp., and Memorex Products, Inc., along with at least Imation Latin America
Corp., Imation (Guangzhou) International Trading Co., Ltd., Imation (Thailand) Ltd., Imation
Argentina S.A.C.I.F.I.Y.A., Imation Canada Inc., Imation Chile S.A., Imation Colombia S.A.,
Imation Europe B.V., Imation Holdings Pte. Ltd., Imation India Pvt. Ltd., Imation Insurance
Ltd., Imation Mexico, S.A. de C.V., Imation Singapore Private Limited, and Memorex
Products Europe Ltd., (collectively, “Imation”) are related companies that operate together as
Imation and/or Memorex. See Exhibit 55.
162. SanDisk is informed and believes that Imation has acquired Memcorp. See
Exhibit 56.
163. SanDisk is informed and believes that Imation’s business includes the design, development, manufacture, distribution andor sale of flash drives CompactFlashO and MMC
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memory cards, and media players, under the brand names of at least Imation, Memorex, TDK,
and/or Memcorp (such products may be referred to as Imation (Memorex), Imation (TDK),
and Imation (Memcorp). See Exhibit 56.
164. Imation offers a wide range of USB flash drives, including the TravelDrive, M-
Flyer, Trans-It (TDK), Pivot, Clip, Swivel Pro, Swivel, Pocket, Wristband, and Mini series of
flash drives. See Exhibit 56.
165. Imation uses controllers of at least Trek and Respondents Phison and USBest
in its products. See Exhibit A to the Furino Declaration.
166. Imation (Memorex) offers flash USB drives with encryption software. The
Imation Encryption Manager 7.0 Quick Start Guide for one example of such product and related software is attached to the Complaint as Exhibit 57A. A representative flash memory product of Imation is described in “Engineering Report Including Functional Analysis on the
Trek TD2SMG12 USB 2.0 Flash Controller”. See Confidential Exhibit 57B.
167. In late June 2007, Imation announced the introduction of a Memorex M-Flyer
Pilot Drive. On information or belief, the M-Flyer Pilot Drive became available to the public about July 16,2007. See Exhibit 56.
168. Imation press releases and marketing materials emphasize the M-Flyer Pilot
Drive’s encryption software. See Exhibit 56.
169. A Phison PS2231 controller is incorporated into the Imation (Memorex) M-
Flyer Pilot Drive with software security. See Exhibit B to the Furino Declaration; Exhibit 56.
170. Exhibit B to the Furino Declaration at ID 177 includes details related to an M-
Flyer Pilot Drive that was purchased on August 1, 2007. The M-Flyer Pilot Drive included a
PS223 1 controller and its packaging was marked “Made in Taiwan.”
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8. Add-on
171. SanDisk is informed and believes that Respondent Add-on Computer
Peripherals, Inc. is a company organized under the laws of the State of California with its principal place of business in Irvine, California.
172. SanDisk is informed and believes that Respondent Add-on Computer
Peripherals, LLC is a limited liability company organized under the laws of the State of
California with its principal place of business in hine, California.
173. SanDisk is informed and believes that Respondent Add-on Computer
Peripherals, LLC also does business as ACP-EP Memory and EP Memory and provides flash memory products under the ACP-EP brand or designation (such products may be referred to as “Add-on (ACP-EP)”). See Exhibit 58 and Exhibit 59.
174. SanDisk is informed and believes that Respondent Add-on Technology Co. is a company organized under the laws of the Republic of China (Taiwan) with its principal place of business in Taipei, Taiwan.
175. SanDisk is informed and believes that Respondents Add-on Computer
Peripherals, Inc., Add-on Computer Peripherals, LLC, and Add-on Technology Co.,
(collectively, “Add-On”) are related companies that operate together as Add-on or ACP-EP.
See Exhibit 59 at 1.
176. SanDisk is informed and believes that Add-on’s business includes the design, development, manufacture, andor sale of flash drives and memory cards. See Exhibit 60.
177. Add-on offers a wide range of USB flash drives, including at least the USB 2.0
PenDrive, SurfDrive, SkateDrive, SnowDrive, Mobile, Mini, Security Key, and customized flash drives. Add-on offers Compac@lash@ cards, including Extreme Performance 80x and
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120x CompactFlash@ products, and MMC cards, including MMC, MMCplus, RS-MMC, and
MMCmobile cards. See Exhibit 60.
178. Add-on uses controllers of at least Respondents Silicon Motion and USBest
in its products. See Exhibit A to the Furino Declaration.
9. A-Data
179. SanDisk is informed and believes that Respondent A-Data Technology Co.,
Ltd. is a limited company organized under the laws of the Republic of China (Taiwan) with its
principal place of business in Chung Ho City, Taipei Hsien, Taiwan.
180. SanDisk is informed and believes that Respondent A-Data Technology (USA)
Co., Ltd. is a limited company organized under the laws of the State of California with its
principal place of business in Fremont, California.
181. SanDisk is informed and believes that that Respondent A-Data Technology
(USA) Co., Ltd. is a wholly-owned subsidiary of that Respondent A-Data Technology Co.,
Ltd.
182. SanDisk is informed and believes that Respondents A-Data Technology Co.,
Ltd. and A-Data Technology (USA) Co., Ltd., along with at least A-Data Technology Latin
America, LLC, A-Data Technology (HK) Co., Ltd., A-Data Technology (Shanghai) Co., Ltd.,
A-Data Technology (Beijing) Co., Ltd., A-Data Technology Europe s.r.o., A-Data Technology
(BVI) Co., Ltd., A-Data International (BVI) Co., Ltd., A-Data Electronics Trading (Shanghai)
Co., Ltd., A-Data Holdings Co., Ltd., A-Data Technology (Suzhou) Co., Ltd., A-Data
Technology B.V., and A-Data Electronic (Shanghai) Co., Ltd., (collectively, “A-Data”) are related companies that operate together as A-Data. See Exhibit 61 at 1.
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183. SanDisk is informed and believes that A-Data’s business includes the design, development, manufacture, and/or sale of flash drives and memory cards. See Exhibit 62.
184. A-Data offers a wide range of USB flash drives, including at least the Nobility,
Sport, Theme, Classic, and Professional series of flash drives. A-Data offers CompactFlashQ cards, including Turbo CF 266X, Turbo Industrial CF 120X, Super Industrial CF 80X, Super
CF 80X and Speedy CF, and MMC cards, such as Turbo MMCplus 200X, Super MMCmobile,
Super MMCplus 60X, and Super MMCmicro. See Exhibit 62.
185. A-Data uses controllers of at Respondents Silicon Motion and USBest in its products. See Exhibit A to the Furino Declaration.
10. Apacer
186. SanDisk is informed and believes that Respondent Acer, Inc. is a company organized under the laws of the Republic of China (Taiwan) with its principal place of business in Hsichih City, Taipei Hsien, Taiwan. See Exhibit 63 at 1.
187. SanDisk is informed and believes that Respondent Apacer Technology Inc. is a company organized under the laws of the Republic of China (Taiwan) with its principal place of business in Hsichih City, Taipei Hsien, Taiwan. See Exhibit 63 at 2.
188. SanDisk is informed and believes that Respondent Apacer Technology, Inc. is a 50.1 1%-owned subsidiary of that Respondent Acer, Inc.
189. SanDisk is informed and believes that Respondent Apacer Memory America,
Inc. is a company organized under the laws of the State of California with its principal place of business in San Jose, California. See Exhibit 64.
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190. SanDisk is informed and believes that that Respondent Apacer Memory
America, Inc. is a wholly-owned subsidiary of that Respondent Apacer Technology Inc. See
Exhibit 63 at 2.
191. SanDisk is informed and believes that Respondents Acer, Inc., Apacer
Technology, Inc. and Apacer Memory America, Inc., along with at least Apacer Electronics
(Shanghai) Co., Ltd., Apacer Technology B.V., Apacer Technology Corp., Apacer
Technologies Pvt. Ltd., and Apacer Technology (BVI) Corporation, (collectively, “Apacer”) are related companies that operate together as Apacer. See Exhibit 65.
192. SanDisk is informed and believes that Apacer’s business includes the design, development, manufacture, and/or sale of flash drives, memory cards and media players. See
Exhibit 66.
193. Apacer offers a variety of USB flash drives, including at least the Handy Steno series, media players including Audio Steno AU524 MP3 Players, CompactFlash@ and MMC
(including also MMCmobile, RS-MMC, and MMCplus) cards. See Exhibit 66.
194. Apacer uses controllers of at least Respondent Phison in its products. See
Exhibit A to the Furino Declaration.
11. Behavior Tech
195. SanDisk is informed and believes that Respondent Behavior Tech Computer
Corp. is a company organized under the laws of the Republic of China (Taiwan) with its principal place of business in Hsichih City, Taipei, Taiwan. See Exhibit 67.
196. SanDisk is informed and believes that Respondent Emprex Technologies
Corp. is a company organized under the laws of the Republic of China (Taiwan) with its principal place of business in Taipei, Taiwan.
-32- NONCONFIDENTIAL VERSION
197. SanDisk is informed and believes that Respondent Emprex Technologies
Corp. is a 99.88%-owned subsidiary of Respondent Behavior Tech Computer Corp.
198. SanDisk is informed and believes that Respondent Behavior Tech Computer
(USA) Corp. is a company organized under the laws of the State of California with its
principal place of business in Fremont, California. See Exhibit 68.
199. SanDisk is informed and believes that Respondent Behavior Tech Computer
(USA) Corp. is a wholly-owned subsidiary of Respondent Behavior Tech Computer Corp.
200. SanDisk is informed and believes that Respondent Behavior Tech Computer
(USA) Corp. does business as BTC USA.
201. SanDisk is informed and believes that Respondents Behavior Tech Computer
Corp., Emprex Technologies Corp., and Behavior Tech Computer USA Corp., along with
at least Behavior Tech Computer Europe B.V., Behavior Tech Computer Pan European B.V.,
Behavior Tech Computer Europe BV SP ZOO Przedstawicielstwo W Polsce, Cibox Interactive,
Behavior Tech Computer France Eurl, BTC China, Behavior Tech Computer Antilles N.V.
(dba BTC Antilles), Behavior Design Corp., Behavior Tech Computer (B.V.I.) Corp., BTC
Korea Co., Ltd., and Smartpro International Ltd., (collectively, “Behavior Tech” or “Behavior
Tech (Emprex)”) are related companies that operate together as Behavior Tech. See Exhibit
69.
202. SanDisk is informed and believes that Behavior Tech’s business includes the design, development, manufacture, andor sale of flash drives and media players under the brand names Emprex and BTC (such products may be referred to as “Behavior Tech
(Emprex)”). See Exhibit 70.
-33- NONCONFIDENTIAL VERSION
203. Behavior Tech offers several USB flash drives, including at least the PD10,
PD371, PD330, and PD350 USB 2.0 Flash Drives. Behavior Tech also offers digital media
players, including at least the MP401 and MP1003 players. See Exhibit 70.
204. Behavior Tech uses controllers of at least Respondents Huke, Phison, and
USBest in its products. See Exhibit A to the Furino Declaration.
12. Corsair
205. SanDisk is informed and believes that Respondent Corsair Memory, Inc. is a
company organized under the laws of the State of Delaware with its principal place of business
in Fremont, California. See Exhibit 71; Exhibit 72 at 2.
206. SanDisk is informed and believes that Respondent Corsair Memory, Inc.,
along with at least Corsair Memory B.V., Corsair Memory Co., Ltd., and Corsair Memory SA
(collectively, “Corsair”) are related companies that operate together as Corsair. See Exhibit
73.
207. SanDisk is informed and believes that Corsair’s business includes the design, development, manufacture, and/or sale of flash drives and memory cards. See Exhibit 74.
208. Corsair offers a wide range of USB flash drives, including at least the Corsair
Flash Survivor, Flash Voyager, Flash Padlock, TurboFlash, and Flash Readout series. Corsair also offers memory card products including at least CompactFlash@ memory cards. See
Exhibit 74.
209. Corsair uses controllers manufactured by at least Respondents Silicon Motion and Skymedi in its products. See Exhibit A to the Furino Declaration.
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13. Dane-Elec
2 10. SanDisk is informed and believes that Respondent Dane-Elec Memory S.A. is a company organized under the laws of France with its principal place of business in Bagnolet,
France. See Exhibit 75.
21 1, SanDisk is informed and believes that Respondent Deantusaiocht Dane-Elec
TEO is a limited company organized under the laws of Ireland with its principal place of business in Spiddal, Galway, Ireland.
2 12. SanDisk is informed and believes that Respondent Deantusaiocht Dane-Elec
TEO is a wholly-owned subsidiary of Respondent Dane-Elec Memory S.A.
21 3. SanDisk is informed and believes that Respondent Deantusaiocht Dane-Elec
TEO does business as Dane-Elec Manufacturing.
214. SanDisk is informed and believes that Respondent Dane Elec Corp. USA is a company organized under the laws of the State of Delaware with its principal place of business in Irvine, California. See Exhibit 76.
215. SanDisk is informed and believes that Respondent Dane Elec Corp. USA is a wholly-owned subsidiary of Respondent Dane-Elec Memory S.A. See Exhibit 77 at 44.
216. SanDisk is informed and believes that Respondent Dane Elec Corp. USA does business as Intervalle Corp.
2 17. SanDisk is informed and believes that Respondent Dane Elec Corp. USA does business as Dane-Elec Manufacturing USA.
218. SanDisk is informed and believes that Respondents Dane-Elec Memory S.A.,
Deantusaiocht Dane-Elec TEO and Dane Elec Corp. USA, along with at least Dane-Elec
Holding S.A., Dane-Elec Limited, Dane-Elec/N.V., Dane-Elec DK ApS, Dane-Elec S.A.,
-35- NONCONFIDENTIAL VERSION
Dane-Elec Spain S.R.L., Dane-Elec B.V., Dane-Elec Israel, Dane-Elec Italia S.R.L., Dane-Elec
Memory China Co., Ltd., Dane-Elec Memory Taiwan Co., Dane-Elec DCveloppement
S.A.R.L., Dane-Elec GmbH, Intervalle S.A., and Dane-Elec Memory Asia Ltd., (collectively,
“Dane-Elec”) are related companies that operate together as Dane-Elec. See Exhibit 77 at 44.
219. SanDisk is informed and believes that Dane-Elec’s business includes the design, development, manufacture, distribution and sale of flash drives, memory cards
(including at least CF, MMC, and Smart Media cards), flash memory card readerdadapters, and digital media players. See Exhibit 78.
220. Dane-Elec offers a wide range of USB flash drives, including at least the zMate
Pen drive series. Dane-Elec also offers flash memory cards and readerdadapters for such cards. Moreover, Dane-Elec offers media players including at least the Meizu series of media players. See Exhibit 78.
221. Dane-Elec uses controllers of at least Respondent Phison in its products. See
Exhibit A to the Furino Declaration.
14. Edge
222. SanDisk is informed and believes that Respondent EDGE Tech Corporation
(“Edge”) is a company organized under the laws of the State of Oklahoma with its principal place of business in Ada, Oklahoma. See Exhibit 79.
223. SanDisk is informed and believes that Respondent Edge also does business as
Peripheral Enhancements Corporation. See Exhibit 80.
224. SanDisk is informed and believes that Edge’s business includes the design, development, manufacture, and/or sale of flash drives, memory cards including at least CF cards, MMC cards, and Smart Media cards, as well as flash card readers. See Exhibit 81.
-36- NONCONFIDENTIAL VERSION
225. Edge offers several USB flash drives under at least the brand name DiskGo.
Edge also offers a wide range of flash memory card products (e.g., CF, MMC, RS-MMC, and
Smart Media) including at least the ProShot and the Premium line of card products. Moreover,
Edge currently offers several flash card readers. See Exhibit 81.
226. Edge uses controllers of at least Respondent Phison in its products. See
Exhibit A to the Furino Declaration.
15. Kanguru
227. SanDisk is informed and believes that Respondent Interactive Media Corp. is a company organized under the laws of the State of Delaware with its principal place of business in Millis, Massachusetts. See Exhibit 82; Exhibit 83.
228. SanDisk is informed and believes that Respondent Interactive Media Corp. does business as Active Media Solutions and Kanguru Solutions (“Kanguru”). See Exhibit
82.
229. SanDisk is informed and believes that Kanguru’s business includes the design, development, manufacture, andor sale of flash drives and MP3 players under the brand name
Kanguru. See Exhibit 84.
230. Kanguru offers a variety of USB flash drives, including at least the Micro, Bio, and FlashBlu series. Kanguru also offers MP3 players, including at least the Micro MP3 series of media players. See Exhibit 84; Exhibit 85.
23 1. Kanguru USB drives may include encryption software. See Exhibit 85.
“KanguruLock Quick Start Guide” for a Kanguru USB drive including encryption software is attached as Exhibit 85.
-37- NONCONFIDENTIALVERSION
232. Kanguru uses controllers of at least Respondents Phison and USBest in its products. See Exhibit A to the Furino Declaration.
16. Kaser
233. SanDisk is informed and believes that Respondent Kaser Corporation
(“Kaser”) is a company organized under the laws of the State of California with its principal place of business in Fremont, California. See Exhibit 87.
234. SanDisk is informed and believes that Kaser’s business includes the design, development, manufacture, andor sale of flash drives and MP3 players. See Exhibit 88;
Exhibit 89.
235. Kaser offers a variety of USB flash drives, including at least the MiniDrive,
Vault, and Laser Pen series. Kaser also offers a variety of MP3 players, including at least the
Mambo series of MP3 players. See Exhibit 88; Exhibit 89.
236. Kaser uses controllers of at least Respondent Chipsbank in its products. See
Exhibit A to the Furino Declaration.
17. LG
237. SanDisk is informed and believes that Respondent LG Electronics U.S.A.,
Inc. is a company organized under the laws of the State of Delaware with its principal place of business in Englewood Cliffs, New Jersey. See Exhibit 90; Exhibit 91 at 1.
238. SanDisk is informed and believes that Respondent LG Electronics, Inc. is a company organized under the laws of the Republic of Korea with its principal place of business in Seoul, South Korea. See Exhibit 91 at 1.
239. SanDisk is informed and believes that Respondents LG Electronics, Inc. and
LG Electronics U.S.A., Inc., along with at least LG Electronics Alabama Inc., LG Electronics
-38- NONCONFIDENTIAL VERSION
Mexico, S.A de C.V., LG Electronics Pvt. Ltd., LG Electronics (China) Co., Ltd., LG
Electronic (Kunshan) Computer Co., Ltd., LG Electronics (M) Sdn. BHD., LG Electronics
Australia Pty. Ltd., LG Electronics Canada, Inc., LG Electronics CZ s.r.o., LG Electronics de
Ssio Paul0 Ltda., LG Electronics da Amazonia Ltda, LG Electronics European Holding B.V.,
LG Electronics Austria GmbH, LG Electronics Benelux Sales B.V., LG Electronics Espana
SA, LG Electronics European Logistics and Services B.V., LG Electronics U.K. Ltd., LG
Electronics Jit Europe B.V., LG Electronics Nordic AB, LG Electronics Polska SP ZOO, LG
Electronics Wales Ltd., LG Electronics Gulf FZE, LG Electronics HK Limited, LG Electronics
Japan Inc., LG Electronics Nordic Denmark, LG Electronics Panama S.A., LG Electronics
Philippines, Inc., LG Electronics Portugal, S.A., LG Electronics Qinhuangdao Inc., LG
Electronics Romania S.R.L., LG Electronics Shenyang Inc., LG Electronics Singapore Pte.
Ltd., LG Electronics Mexicali, S.A. de C.V., LG Electronics Reynosa, S.A. de C.V.,
(collectively, “LG’) are related companies that operate together as LG. See Exhibit 92.
240. SanDisk is informed and believes that LG’s business includes the design,
development, manufacture, and/or sale of flash drives and memory cards, including at least CF cards. See Exhibit 93.
241. LG offers USB drives, including at least the Xtick Mirror and Retractable USB drive, along with USB drives with MP3 player capabilities, including the UP-SAL2GSSI and
UP-SALlGSSI models. See Exhibit 93.
242. LG uses controllers of at least Respondent Silicon Motion in its products. See
Exhibit A to the Furino Declaration.
-39- NONCONFIDENTIAL VERSION
18. TSR
243. SanDisk is informed and believes that Respondent TSR Silicon Resources
Inc. is a company organized under the laws of the State of Delaware with its principal place of business in Englewood, New Jersey. See Exhibit 94.
244. SanDisk is informed and believes that Respondent TSR Silicon Resources
Inc., along with at least TSR Silicon Resources Inc. - Canada, TSR Silicon Resources (China)
Ltd., TSR Silicon Resources (ASIA) Pte, Ltd., TSR Silicon Resources (Taiwan) Ltd., TSR
Silicon Resources (Thailand) Ltd., (collectively, “TSR’) are related companies that operate together as TSR. See Exhibit 95.
245. SanDisk is informed and believes that TSR’s business includes the marketing, distribution and sale of USB flash drives under the brand name T.One (such products may be referred to as “TSR (T.ONE)”). See Exhibit 96.
246. TSR offers at least the T.One USB 2.0 Plug and Play High Speed Flash Disk.
See Exhibit 96.
247. TSR uses controllers of at least Respondent Chipsbank in its USB flash drive products. See Exhibit A to the Furino Declaration.
19. Welldone
248. SanDisk is informed and believes that Respondent Welldone Company is a company organized under the laws of the Republic of China (Taiwan) with its principal place of business in Hsichih City, Taiwan.
249. SanDisk is informed and believes that Respondent Welldone Company, along with at least Tekwell Incorporated, Welltop Technology, Inc., TekWell International Co., Ltd.,
Welltech Group Co., (Samoa) Ltd., Saintop Group Co., Ltd. (BVI), Evertop International
-40- NONCONFIDENTIAL VERSION
(Samoa) Co., Ltd., Digital Media Corp., Techcharm Electronics Shanghai Co., Ltd., and
Welldone Japan Inc. , (collectively, “Welldone”) are related companies that operate together as
W elldone.
250. SanDisk is informed and believes that Welldone’s business includes the design, development, manufacture, andor sale of USB flash drives. See Exhibit 97.
25 1. Welldone offers at least a USB 2.0 Flash Drive. See Exhibit 97.
252. Welldone uses controllers of at least Respondent USBest in its USB flash drive products. See Exhibit A to the Furino Declaration.
253. As discussed more fully in Section VI1 below (and the exhibits referenced therein), Respondents’ flash memory controllers, drives, memory cards, and media players, and products containing same, are manufactured at facilities located outside the United States.
Also as shown in Section VI1 below, those products are imported into the United States, sold for importation into the United States, and/or sold after importation. SanDisk’s analysis demonstrates that flash memory controllers, drives, memory cards, and media players
(including but not limited to controllers of Phison, Silicon Motion, USBest, Skymedi,
Chipsbank and Huke, and flash drives, memory cards and media players of PQI, PNY,
Kingston, Buffalo, Verbatim, Transcend, Imation, Add-on, A-Data, Apacer, Behavior
Tech, Corsair, Dane-Elec, Edge, Kanguru, Kaser, LG, TSR, and Welldone, and products containing same, infringe one or more claims of the Asserted Patents. See supra Section VI
(and Exhibits referenced therein).
-41- NONCONFIDENTIAL VERSION
IV. OVERVIEW OF THE TECHNOLOGY
A. Flash Memory Technology
254. Flash memory, or more specifically flash electrically erasable and programmable read only memory (“EEPROM’), is a type of memory where a large group of memory cells (e.g., a block of memory cells) can be erased at the same time (Le., in a flash).
Flash memory is non-volatile, meaning that the data stored in the memory cells is retained even when the power to the device is turned off. Flash memory is solid state memory, meaning that it does not contain mechanical moving parts. As a result, it is shock and vibration tolerant and able to operate in a wide variety of temperature and humidity conditions.
255. Flash memory is ideally suited for a wide variety of consumer electronics and mobile products and applications, such as USB drives, flash memory cards and sticks, digital audio and video players, digital cameras, smart cellular phones, personal digital assistants
(PDAs), hand-held computers, medical devices, audio recorders, networking equipment and industrial equipment.
256. As shown below by an exemplary SanDisk USB Flash Drive, flash memory cards or drives are typically created by mounting one or more packaged flash memory chips and a memory controller to a printed circuit board.4 The printed circuit board includes an electrical connector for interfacing with a host system and is later enclosed in a casing.
There are some memory card formats such as the xD-Picture Card that do not include a controller.
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BACK FRONT
I I Flash Memory I L
257. In operation, the memory controller receives commands from the host system connected to the drive or card. Host commands include commands to store information within one or more of the flash memory chips in the drive or card or a command to read information previously stored in the flash memory chips. For example, in the case of a flash drive, files such as word processing documents or spreadsheets are stored andlor retrieved from the flash memory.
258. Host systems typically organize data into data sectors that store a predetermined amount of user data (e.g., 512 bytes). During a storage operation, the host system issues commands to the drive and its controller to store one or more of its data sectors at specific
-43- NONCONFIDENTIAL VERSION address locations. These locations are often called logical block addresses and represent the virtual address where data will be stored within the flash memory drive or card.
259. During a storage or program operation, the memory controller takes the received logical block address from the host computer and translates it into a physical address for the actual location in the flash memory where the data from the host will be stored. Such translation can include identifying the chip, the block and page the data is expected to be written into (or read from) the flash memory.
260. Today’s memory cards and drives typically use NAND flash memories. A single packaged NAND flash memory device can contain one or more NAND flash EEprom integrated circuit chips. Each of these chips will contain an array of NAND flash memory cells. Each array is typically organized into multiple separately addressable sub-arrays called planes. Each plane in the NAND flash memory chip is then divided into blocks, which are the basic unit of erase. The blocks themselves are further divided into many pages (e.g., 128). The page often represents the standard unit of programming for the NAND flash memory. A page in the NAND flash memory is typically sized to store one or more data sectors of information.
261. One inherent characteristic of flash memory cells is that once they are programmed with data, the memory cells must be successfully erased prior to the time they are to be programmed with new data. As mentioned above, flash memories are typically erased in blocks that may contain hundreds of pages of memory cells. Updating a data sector of information on one page of a block could require a device to erase an entire block consisting of hundreds of pages of memory cells. In such a situation, all the data stored in the other pages of the block will be lost unless the data is copied to another block of memory within the device.
Such a copy operation is highly inefficient. It requires the system to rewrite hundreds of pages
-44- NONCON~I~~~TIALVERSION of valid, unchanged data into a new location of memory when only a small portion of the block requires updated data.
262. To reduce the performance penalty associated with the above-mentioned copy and erase operations, partial block update operations were created for the NAND memories. In partial block update operations, the new updated data is written into a new ready-to-program block (eliminating the need to perform an erase operation immediately prior to the write operation) and logically linked as replacement data to the superseded data in the original block.
The partial block update improves performance because (1) it allows new data to be quickly written into a new, already erased, location in memory and (2) it eliminates the need to copy data in the original block that is still valid. The partial update operation merely requires the system to write new information into a location in memory available to accept new data.
-45- NONCONF~ENTIALVERSION
263. An example of a partial block update is shown in Figure 8 of the ‘424 Patent.
Figure 8 shows an original block of memory that is comprised of 16 pages (0-15) that stores original data. After the original data is stored in the original block, the host system informs the memory system that the data located at pages 3, 4 and 5 needs to be updated. Instead of requiring a copy operation to move the data at pages 0-2 and 6-15 to a new block so that it is stored with the updated data for pages 3, 4 and 5, the invention of the ‘424 Patent quickly writes the new data for pages 3,4 and 5 into the first three available locations (e.g., pages 0-2) in a newly assigned block. The use of partial block updates like the one shown in Figure 8 of the ’424 patent greatly enhances the performance of the memory system because it allows quick update and avoids needless copy andor erase operations.
264. Later, during a read operation, asking for data from pages 0-10 of the original block, a memory system practicing the ‘424 Patent will provide the host system with the data from pages 0-2 of the original block, pages 0-2 of the newly assigned block (which stores the updates for the data originally stored at pages 3-5 of the original block) and pages 6-10 of the original block.
B. Flash USB Drives, Memory Cards, and Media Players
265. Flash USB’ drives and memory cards allow users to easily carry and transfer data (such as documents, pictures, or music) from one computer to another. An example of
SanDisk’s “Cruzer” USB Flash Drive is illustrated below:
“USB” stands for “Universal Serial Bus,” which is a standardized bus for connecting peripherals (such as keyboards, printers, and removable memory) to a computer. USB connectors are built into most notebook and desktop computers.
-46- NONCONFIDENTIAL VERSION
As shown above, SanDisk’s Cruzer includes a USB connector, which is used to connect the drive to a computer. Once connected, the computer treats the drive as if it were a normal hard drive. Following is an example of a SanDisk Extreme@I11 CompactFlash@memory card:
Since USB flash drives and memory cards use non-volatile memory, the user’s data is retained even when the drive is not connected to a computer.
266. Memory cards come in a variety of formats including: CompactFlashB,
CompactFlashB Type I and CompactFlashB Type I1 (collectively referred to as “CF”);
MultiMedia Card, Reduced Size MMC and MMCmicro (collectively referred to as “MMC”); xD-Picture CardTM (“xD”); Secure DigitalTM,miniSDTM, and microSDTM(collectively referred to as “SD”), and Memory Stick DuoTM,Memory Stick PRO DuoTM,Memory Stick PRO-HG
Duo, and Memory Stick Micro M2 (collectively referred to as “Memory Stick”), to name a few.
267. As illustrated below, USB Flash drives include a controller and one or more flash memories:
-47- NONCONFKDENTIAL VERSION
FRONT BACK
As illustrated above, the controller is a semiconductor chip which is coupled to a printed circuit board. Through wires embedded within the printed circuit board, the controller is electrically connected to both the USB connector and one or more flash memory. The printed circuit board is typically encased in a plastic covering. For instance, as shown above, SanDisk’s Cruzer is encased with black plastic.
268. Flash MMC and CF memory cards and media players similarly include a controller and one or more flash memory chips, which are also typically NAND chips. Below is an example of a SanDisk Sansa@ConnectTM MP3 Player flash media player:
269. The controller plays a critical role in the operation of flash drives, memory cards, and media players. Among other things, the controller receives commands from a host
-48- N~NCONFI~ENTI~VERSION computer through a USB connector or other interface and manages the flash memory accordingly. By acting as an intermediary between the host and the flash memory, the controller masks the complexities associated with managing flash memory. For instance, the controller manages partial block updates, generates and stores overhead data, manages multi- plane programming and erasing, and otherwise optimizes the speed and endurance of flash memory.
270. Flash drives, memory cards, and media players are easily assembled and imported into the United States. For instance, NAND flash memories may be purchased in large volumes from several large semiconductor companies such as Samsung, Toshiba, Micron, and Hynix. Likewise, numerous companies (including Respondents Phison, Silicon Motion,
USBest, Skymedi, Chipsbank, and Huke) sell flash controllers in large volumes and at very low prices. The availability of the NAND memories and flash controllers take the development work out of flash drives, memory cards, and media players and make it easy to assemble flash drives, memory cards, and media players in various configurations.
271. Companies that sell flash drives, memory cards, or media players typically outsource the assembly of their products to low cost manufacturers located throughout Asia.
The assembly process is straightforward. The manufacturers simply attaches the controllers and NAND flash memory components onto a printed circuit board and encase the board in a covering to indicate the brand name of the company selling the flash USB drive, card, or media player.
272. Because of the widespread availability of inexpensive controllers and inexpensive assembly overseas, a large number of companies now import flash drives, memory cards, and media players for sale into the United States. This Complaint names over twenty of
-49- NONCON~~ENTI~VERSION
these companies as Respondents, but there are many others. Further, it is a very simple,
inexpensive and straight-forward task for new companies to build flash drives, memory cards
and media players for importation into the US.
V. THE ASSERTED PATENTS
A. The '893 Patent
273. On July 30, 2002, the PTO duly, properly and legally issued U.S. Patent No.
6,426,893, entitled "Flash EEPROM System with Simultaneous Multiple Data Sector
Programing and Storage of Physical Block Characteristics in Other Designated Blocks," to
SanDisk Corporation as the assignee of inventors Kevin M. Conley, John S. Mangan, and
Jeffrey G. Craig.
274. The '893 patent issued from U.S. Application No. 09/505,555 filed February 17,
2000. A certified copy of the '893 patent is attached as Exhibit 1 to this Complaint. A
certified copy of the PTO prosecution history for the '893 patent and three additional copies of that prosecution history are being submitted with the Complaint, as are four copies of each patent and the applicable pages of each technical reference mentioned in that prosecution history, as Appendices A and €3, respectively.
275. Kevin M. Conley, John S. Mangan, and Jeffrey G. Craig, the inventors of the
'893 patent, assigned all right, title and interest in the patent to SanDisk Corporation. A
certified copy of the recorded assignment for the '893 patent is submitted with this Complaint
as Exhibit 98.
276. A list of all foreign patents and foreign applications corresponding to the '893 patent and their prosecution status is set forth in Exhibit 99.
-50- NONCONFDENTIAL VERSION
277. The '893 patent represents a major advance in the operation of flash memory.
SanDisk, in response to consumer demand for faster flash memory devices, made efforts to
improve the write speed of its flash memory devices in a reliable manner. The '893 patent
provides a technique for improving performance through programming multiple pages in
parallel. In the '893 patent, data can be transferred to multiple storage registers in flash
memory (e.g. one set for each page) and then programming of multiple pages to pages located
in different memory sub-arrays units can proceed in parallel.
278. To further improve the accuracy in reading and writing stored data, the '893 patent further teaches the generation of an error correction code ("ECC"), or another type of redundancy code, Erom the user data by the controller as the user data is written in parallel into multiple pages of the flash memory. The '893 patent discloses the use of a single redundancy code generation circuit that appends to the end of the user data fkom which the ECC is generated.
279. The '893 patent further enhances the reliability of flash memory systems by organizing the memory into distinct groups of blocks. In the first group of blocks, the blocks store the user data from the host system and information related to the data such as the ECC duplicated above. In the second group of blocks, the system stores information related to the physical blocks of the system such as block defect information and use history. This organization provides the memory controllers with a novel, robust and efficient format for managing the data in a flash card or drive.
-51- NONCONFIDENTIAL VERSION
B. The ’424 Patent
280. On July 13, 2004, the PTO duly, properly and legally issued US. Patent No.
6,763,424, entitled “Partial Block Data Programming and Reading Operations in a Non-volatile
Memory,” to SanDisk Corporation as the assignee of inventor Kevin M. Conley.
281. The ’424 patent issued from U.S. Application No. 09/766,436 filed January 19,
2001. A certified copy of the ’424 patent is attached as Exhibit 2 to this Complaint. A
certified copy of the PTO prosecution history for the ’424 patent and three additional copies of that prosecution history are being submitted with the Complaint, as are four copies of each patent and the applicable pages of each technical reference mentioned in that prosecution history, as Appendices C and D, respectively.
282. Kevin M. Conley, the inventor of the ’424 patent, assigned all right, title and interest in the patent to SanDisk Corporation. A certified copy of the recorded assignment for the ’424 patent is submitted with this Complaint as Exhibit 100.
283. A list of all foreign patents and foreign applications corresponding to the ’424 patent and their prosecution status is set forth in Exhibit 101.
284. The ’424 patent represents a major advance in the operation of flash memory by improving the write performance and usable lifetime of the memory through a novel method of performing partial block updates for systems that used NAND flash memories that required pages to be programmed in a sequential manner. Prior methods, like the one shown in Figure 4 of the ’424 patent, required NAND memories that program pages in a random order such that the page in the update block would have the same relative position (offset) in the block. The technique of Figure 4 cannot be used in sequential NAND memories.
-52- NONCONFIDENTIAL VERSION
285. As illustrated in Figure 8 of the '424 patent, the '424 patent discloses a novel method to update some, but not all, pages of data in a memory block such that the updated data is (1) sequentially written into the update block, and (2) associated with the same logical host address as the superseded data from the original block. The memory controller using the '424 patent has the ability to differentiate between the old and new data such that during a read operation, the controller selects the more recently programmed data and omits the use of the earlier-programmedoriginal data.
C. The '808 Patent
286. On February 17, 1998, the PTO duly, properly and legally issued US. Patent
No. 5,719,808, entitled "Flash EEPROM System," to SanDisk Corporation as the assignee of inventors Eliyahou Harari, Robert D. Norman, and Sanjay Mehrotra.
287. The '808 patent issued from US. Application No. 407,916 filed March 21,
1995. A certified copy of the '808 patent is attached as Exhibit 3 to this Complaint. A certified copy of the PTO prosecution history for the '808 patent and three additional copies of that prosecution history are being submitted with the Complaint, as are four copies of each patent and the applicable pages of each technical reference mentioned in that prosecution history, as Appendices E and F, respectively.
288. Eliyahou Harari, Robert D. Norman, and Sanjay Mehrotra, the inventors of the
'808 patent, assigned all right, title and interest in the patent to SanDisk Corporation. A certified copy of the recorded assignment for the '808 patent is submitted with this Cornplaint as Exhibit 102.
289. A list of all foreign patents and foreign applications corresponding to the '808 patent and their prosecution status is set forth in Exhibit 103.
-53- NONCONFIDENTIAL VERSION
290. The ’808 patent is a continuation of application Ser. No. 071963,851, filed Oct.
20, 1992, now U.S. Pat. No. 5,418,752, which in turn is a division of application Ser. No.
07/337,566, filed Apr. 13, 1989.
291. The ’808 patent represents a major advance in the operation of flash memory by
improving the write performance and usable lifetime of the memory. One inherent
characteristic of flash memory cells is that they must be erased and verified for successhl erase prior to being programmed with new data. In other words, the area of flash memory that once
contained data must first be erased prior to being re-programmed. Erasure of memory cells,
however, is typically a slower process than writing of data. The ’808 patent discloses methods
for high speed erase through the selection of different combinations of blocks in a system of
EEPROM chips to be erased simultaneously. The ’808 patent enables the parallel erasure of
different blocks of memory in a flash drive or system. In the situation where two blocks of a
NAND flash memory chip (e.g. one block in a first sub-array and one block in a second sub-
array) are erased in parallel, the ’808 patent can, in effect, double the erase performance of a
system.
D. The ’332 Patent
292. On September 20, 2005, the PTO duly, properly and legally issued U.S. Patent
No. 6,947,332, entitled “Computer Memory Cards Using Flash Memory EEPROM Integrated
Circuit Chips and Memory-Controller Systems,” to SanDisk Corporation as the assignee of
inventors Robert F. Wallace, Robert D. Norman, and Eliyahou Harari.
293. The ’332 patent issued from US. Application No. 10/628,746 filed July 28,
2003. A certified copy of the ’332 patent is attached as Exhibit 4 to this Complaint. A
certified copy of the PTO prosecution history for the ’332 patent and three additional copies of
-54- NQN~QNFI~ENTIALVERSION that prosecution history are being submitted with the Complaint, as are four copies of each patent and the applicable pages of each technical reference mentioned in that prosecution history, as Appendices G and H, respectively.
294. Robert F. Wallace, Robert D. Norman, and Eliyahou Harari, the inventors of the
'332 patent, assigned all right, title and interest in the patent to SanDisk Corporation. A certified copy of the recorded assignment for the '332 patent is submitted with this Complaint as Exhibit 104.
295. A list of all foreign patents and foreign applications corresponding to the '332 patent and their prosecution status is set forth in Exhibit 105.
296. The '332 patent is a continuation of application Ser. No. 10/197,027, filed July
16,2002 now US. Pat. No. 6,628,537, which is a continuation of application Ser. No.
09/888,167, filed June 22,2001, now U.S. Pat. No. 6,434,034, which is a continuation of application Ser. No. 09/473,848, filed Dee. 28, 1999, now US. Pat. No. 6,252,791, which is a division of application Ser. No. 09/121,348, filed July 23, 1998, now US. Pat. No. 6,011,741, which is a continuation of application Ser. No. 08/907,111, filed Aug. 6, 1997, now U.S. Pat.
No. 5,867,417, which is a continuation of application Ser. No. 08/527,254, filed Sep. 12, 1995, now US. Pat. No. 5,663,901, which is a continuation of application Ser. No. 07/736,732, filed
July 26, 1991, which is a continuation-in-part of application Ser. No. 07/684,034, filed April
11, 1999. The '332 patent is also related to application Ser. No. 07/736,733, now US. Pat. No.
5,430,859, filed July 26, 1991.
297. The'332 patent permits the efficient access of multiple flash memory chips by a host system where each chip has its memory array divided into multiple planes, quadrants or sub-arrays. An embodiment of the ,332 patent discloses the packaging of multiple flash
-55- NON~~NFIDENTIALWRSION memory chips into a single enclosed package with an electrical connector for interfacing with computer host system, a memory controller, and other peripheral circuitry. The flash memory chips in the enclosed package contain memory cells arranged into blocks. The blocks are further arranged into quadrants, or planes. The controller in the enclosed package interfaces with the host system and permits the host system to address the flash memory chips by the chip number, the plane number, and block number, as if the host system is addressing a traditional disk storage system. This permits a system of multiple flash memory chips to more easily emulate and replace the traditional disk storage systems.
E. The ’011 Patent
298. On November 14, 2006, the PTO duly, properly and legally issued U.S. Patent
No. 7,137,011, entitled “Removable motheddaughter peripheral card,” to SanDisk Corporation as the assignee of inventors Eliyahou Harari, Robert F. Wallace, and Daniel C. Guterman.
299. The ’01 1 patent issued from U.S. Application No. 10/050,429 filed January 15,
2002. A certified copy of the ’011 patent is attached as Exhibit 5 to this Complaint. A certified copy of the PTO prosecution history for tbe ’01 1 patent and three additional copies of that prosecution history are being submitted with the Complaint, as are four copies of each patent and the applicable pages of each technical reference mentioned in that prosecution history, as Appendices I and J, respectively.
300. The inventors of the ’011 patent, assigned all right, title and interest in the patent to SanDisk. A certified copy of the recorded assignment for the ’011 patent is submitted with this Complaint as Exhibit 106.
301. A list of all foreign patents and foreign applications corresponding to the ’Ol 1 patent and their prosecution status is set forth in Exhibit 107.
-56- NQNCQNFIDENTIAL VERSIQN
302. The '01 1 patent is a continuation of application Ser. lo. 09/887,197, filed une
21,2001, now U.S. Pat. No. 6,381,662, which is a continuation of application Ser. No.
09/241,222, filed February 1, 1999, now US. Pat. No. 6,266,724, which is a continuation of
application Ser. No. 08/781,539, filed January 9,1997, now U.S. Pat. No. 5,887,145, which is a
continuation of application Ser. No. 08/462,642, filed June 5, 1995, which is a continuation of application Ser. No. 08/398,856, filed March 6, 1995, which is a continuation of application
Ser. No. 084 5 1,292 filed November 12, 1993, which is a continuation-in-part of application
Ser. No, 08/115,428 filed September 1, 1993.
303. The '01 1 patent represents an important advancement in the use of removable flash memory products to securely store data. According to one aspect of the invention, a removable flash memory card stores encrypted user data. Once encrypted, the user data is protected against unauthorized access and may be securely transported from one host computer to another. The ,011 patent further teaches that the encryption algorithm is also stored in the flash memory card. A host computer may therefore decrypt the user data regardless of whether or not the decryption algorithm was originally stored within the host computer's memory. The
'01 1 patent thus provides a flash memory card which is both highly secure and portable.
F. Licenses
304. Attached as Confidential Exhibit 110 is a list of all license agreements that may relate to one or more of the Asserted Patents. SanDisk is obligated to third parties to keep each of the license agreements listed in Confidential Exhibit 110 confidential. SanDisk will seek third party consent to produce these license agreements and provide as Appendix L to this
Complaint thee copies of such license agreements when consent is obtained.
-57- NONCONFDENTIAL WRSION
VI. INFRINGEMENT BY RESPONDENTS
305. SanDisk has procured in the United States samples of representative products of
each Respondent that were manufactured outside the United States. A list of these representative imported products and photographs of these products and their internal circuitry
are attached to the Declaration of Neal Furino (Exhibit 109) as Exhibit A, Exhibit B, and
Exhibits CI-C520, respectively. A chart summarizing which Respondents controllers are
incorporated into the imported flash memory products is attached the Declaration of Neal
Furino (Exhibit 109) as Exhibit A. SanDisk is not accusing any SD memory cards, x-D memory cards, or Memory Sticks of infringement.
306. A chart identifying the specific claims for each Asserted Patent that is asserted against representative products of each Respondent is attached as Exhibit 108.
A. The '893 Patent
307. Each Respondent directly and/or indirectly infringes, by contributorily infringing and/or actively inducing infringement of, one or more of claims 12-14, 17, 25, 27,
30, 36, 37, 39, 41, and 58 of the '893 patent with one or more products imported, sold for importation and/or offered for sale or sold within the United States after importation, including but not limited to Respondents' flash memory controllers, drives, memory cards, and media players, and products containing same.
308. Charts applying one or more of claims 12-14, 17, 25,27,30, 36, 37, 39,41, and
58 of the '893 patent to representative flash products of Respondents containing representative flash memory controllers of Respondents Phison, Silicon Motion, USBest, Skymedi,
Chipsbank, and Huke and to a representative flash drive of Respondent Imation are attached
-58- NQNCQNFIDENTIAL VERSION to this Complaint as Confidential Exhibits 111-117, respectively. The exhibits referenced in the chart include certain attachments that are indexed in Confidential Exhibit 118.
B. The '424 Patent
309. Respondents Phison, Silicon Motion, USBest, Skymedi, and Huke and certain
other Respondents directly and/or indirectly infringes, by contributorily infringing and/or actively inducing infringement of, one or more of claims 17, 18, 24, and 30 of the '424 patent with one or more products imported, sold for importation and/or offered for sale or sold within the United States after importation, including but not limited to flash memory controllers of
Respondents Phison, Silicon Motion, USBest, Skymedi, and Huke, and flash drives, memory cards, and media players containing the controllers of Phison, Silicon Motion, USBest,
Skymedi, and Huke, and products containing same.
310, Charts applying one or more of claims 17, 18, 24, and 30 of the '424 patent to representative flash products of Respondents containing a representative flash memory controller of Respondents Phison, Silicon Motion, USBest, Skymedi, and Huke and to a representative flash drive of Respondent Imation are attached to this Complaint as
Confidential Exhibits 118-124, respectively. The exhibits referenced in the chart include certain attachments that are indexed in Confidential Exhibit 125.
C. The '808 Patent
3 11. Respondents Phison and Skymedi and certain other Respondents directly and/or indirectly infringe, by contributorily infringing and/or actively inducing infringement of, one or more of claims 11, 14-17, 20, and 21 of the '808 patent with one or more products imported, sold for importation and/or offered for sale or sold within the United States after importation, including but not limited to flash memory controllers of Respondents Phison and
-59- NONCONF~ENT~~VERSION
Skymedi, and flash drives, memory cards, and media players containing the controllers of
Phison and Skymedi, and products containing same, including USB drives and MMC and CF memory cards.
3 12. Charts applying one or more of claims 11, 14-17, 20, and 2 1 of the '808 patent to representative flash products of Respondents containing a representative flash memory controller of Respondents Phison and Skymedi are attached to this Complaint as Confidential
Exhibits 126-127, respectively. The exhibits referenced in the chart include certain attachments that are indexed in Confidential Exhibit 128.
D. The '332 Patent
3 13. Certain Respondents directly and/or indirectly infringe, by contributorily infringing and/or actively inducing infringement of, one or more of claims 5 and 10 of the '332 patent with one or more products imported, sold for importation and/or offered for sale or sold within the United States after importation, including but not limited to flash memory products incorporating a controller of Respondents Phison, Silicon Motion, USBest, Skymedi,
Chipsbank, or Huke and a plurality of flash memory integrated circuits chips having non- volatile memory cells arranged in physical quadrants, including flash drives, memory cards and media players containing such controllers and, and products containing same.
314. Charts applying one or more of claims 5 and 10 of the ,332 patent to representative flash products of Respondents containing a representative flash memory controller of Respondents Phison, Silicon Motion, USBest, Skymedi and Chipsbank are attached to this Complaint as Confidential Exhibits 129-633, respectively. The exhibits referenced in the chart include certain attachments that are indexed in Confidential Exhibit
634.
-60- NQNCONFIDENTIAL VERSION
E. The '811 Patent
315. Respondents Imation, PQI, Corsair, and Kanguru flash drive products
directly and/or indirectly infringe, by contributorily infringing and/or actively inducing
infringement of, claim 8 of the '011 patent with one or more such products imported, sold for
importation and/or offered for sale or sold within the United States after importation, including
but not limited to flash drives including encryption software.
316. Charts applying claim 8 of the ,011 patent to representative flash drives of
Imation, PQI, Corsair, and Kanguru are attached to this complaint as Exhibits 135-138,
respectively. The exhibits referenced in the chart include certain attachments that are indexed
in Exhibit 139.
VII. IMPORTATION BY RESPONDENTS
3 17. On information and belief, Respondents are and will continue importing, selling
for importation, and selling within the United States after importation flash memory controllers, drives, memory cards, media players andlor downstream products containing same that infringe and/or are used to infringe one or more claims of each of the Asserted Patents in violation of,
inter alia, 19 U.S.C. 3 1337(a)(l)(B)(i).
A. Flash Memory Controller Companies
1. Phison
3 18. SanDisk has obtained representative samples in the United States of imported
flash drives and media players including the following Phison flash memory controllers:
PS2134CD-G, PS2134CE-G, PS2134CH-G, PS2134CI-G, PS2134CJ-G, PS2135DC-G,
PS2136CC-G, PS2136CD-G, PS2136CF-G, PS2136CG-G, PS2153, PS2153CD-G, PS2153CE-
6, PS223 I, PS3002T EF-G, PS3002T F1-G, U20TWGOD, U2OTWGOF, U20TWGOH,
-61- NONCONFIDENTIAL VERSION
U2OTWGOJ and UP8-Y. These representative samples include: Apacer Handy Steno AH320
Compressor, Creative ZenV Plus flash media player, Dane-Elec zMate Pen USB Flash Drive,
Edge DiskGO USB 2.0 Flash Drive, Edge DiskGo USB 2.0 Secure Flash Drive with
Encryption, Emprex PDlO USB Flash Drive, Imation Clip USB Flash Drive, Kanguru
MicroDrive AES USB Flash Drive, Kanguru MicroDrive AES Encrypted Flash Drive,
Kingston DataTraveler USB Flash Drive, Kingston DataTraveler HI Plus - Migo Edition,
Kingston DataTraveler ReadyFlash, Kingston DataTraveler 100, Memorex TravelDrive USB
Flash Drive, Memorex M-Flyer USB Flash Drive, Memorex Money Clip USB Flash Drive,
Flyer 4X TravelDrive, M-Flyer ]Pilot, PNY AttachC, PNY Collegiate AttachC, TDK Trans-It,
Verbatim Store In’ Go USB Drive, and Verbatim Store h’ Go USB Pro Drive. Photographs and other documents related to these imported products are submitted with this Complaint as
Photographs and other documents related to these imported products are submitted with this
Complaint as Exhibits 37-38, 51-52, 77, 94-96, 102-103, 112-115, 141-142, 168-186, 193,
225-226, 254-268, 302-320, 509-510, and 520 to the Furino Declaration (Exhibit 109).6 A detailed description of the steps that SanDisk took in procuring these sample products is set forth in the Declaration of Neal Furino (and Exhibits), attached to this Complaint as Exhibit
109.
319. These sample flash drives and media players including Phison flash memory controllers bear designations including “Made in Taiwan,” “Taiwan”, “Assy in China,”
“Assembled in China,” “Made in China,” “Made in Indonesia,” “Japan,” or “KOR” as set forth
Details related to imported representative samples are provided in Exhibit B to the Furino Declaration (Exhibit 109) by reference to entries having an “ID’ that corresponds to the numeric Exhibits Nos. to the Furino Declaration (Exhibit 1109) for all Respondents.
-62- N~~~~NFIDENTI~LVERSION in the Declaration of Neal Fwino (and Exhibits), attached to this Complaint as Exhibit 109.
On information and belief, these designations indicate that these products were manufactured in
Taiwan, China, Indonesia, Japan or Korea. SanDisk is informed and believes that Phison intends to continue to sell for importation, import and/or sell within the United States after importation such infringing products.
2. Silicon Motion
320. SanDisk has obtained representative samples in the United States of imported flash drives, memory cards, and media players including the following Silicon Motion flash memory controllers: SM221T, SM221TF, SM222TF, SM222TFAC, SM261A, SM321DF BB,
SM321QF, SM32lQF AC, SM321QF BB, SM324QF, SM324QF BB, SM324QF BC,
SM340Q AB, and SM340QF AB. These representative samples include: ACP-EP Privacy
Drive, ACP-EP Mini Flash Drive, A-Data PD2 Flash Drive, Buffalo High Speed USB Flash
Drive RUF2-E, Buffalo Ultra High Speed USB Flash Drive RUF2-S, Buffalo Ultra High Speed
2.0 USB Flash Drive, Corsair Flash Voyager, Corsair Flash Voyager GT, FileMate USB Flash
Drive - Customized Pro, Huke MP3 Card Reader, LG Retractable USB Flash Drive, LG USB
Flash Drive, LG Xtick Mirror USB Flash Drive, Phillips GoGear digital audio player, PQI Joy
Tone 801 Flash Media Player, PQI CompactFlashO cards, PQI MultiMedia cards, PNY
Attach6, Optima Pro Attach6 USB Flash Drive, Silicon Motion CompactFlashO cards,
SimpleTech CompactFlashB cards, Super Talent Super Flash USB 2.0 Flash Memory Drive,
Super Talent Super Flash Drive, Super Talent Super USB, and Super Talent Ultra Flash USB
2.0 Flash Memory Drive. Photographs and other documents related to these imported products are submitted with this Complaint as Exhibits 9-14, 28-30, 64-69, 78-88, 285-287, 294, 298,
322-324, 336-344, 352-354, 420-422, 435-444, 447-450, 454-456, and 518 to the Furino
-63- NQNCONFIDENTIAL VERSION
Declaration (Exhibit 109). A detailed description of the steps that SanDisk took in procuring these sample products as set forth in the Declaration of Neal Furino (and Exhibits), attached to this Complaint as Exhibit 109.
321. These sample flash products including Silicon Motion flash memory controllers bear designations “Made in China,” “Taiwan,” “Assy in Taiwan,” “Made in Taiwan,” “Made in
Korea,” “KOR’ or “Japan” as set forth in the Declaration of Neal Furino (and Exhibits),
attached to this Complaint as Exhibit 109. On information and belief, these designations indicate that these products were manufactured in China, Taiwan, Korea or Japan. SanDisk is informed and believes that Silicon Motion intends to continue to sell for importation, import andor sell within the United States after importation such infringing products.
3. USBest
322. SanDisk has obtained representative samples in the United States of imported
USB flash drives including the following USBest flash memory controllers: UT161-L4,
UT161-T4G7 UT161-T6, UT161 -T6G, UT163-L4, UT163-L6, UT163-T4, UT163-T6, and
UT 169-T6G. These representative samples include: ACP-EP FORUM-Snow Drive Destroyer,
ACP-EP FORUM-Snow Drive Eddie Wall Destroyer 156, ACP-EP Burton Vapor Snow Drive,
A-Data Fingerprint Disk - FP 1, A-Data Markvision Pendrive, A-Data PD2 Flash Drive, A-Data
Rl31 Flash Drive-JOGR, A-Data PD3 Disney Cars Flash Drive, A-Data Markvision Pendrive,
A-Data Fingerprint Disk - FP1, Emprex PD330 USB Flash Drive, Emprex USB Flash Drives,
Imation Clip USB Flash Drives, Kanguru FlashBlu USB Flash Drive, PQI Cool Drive U330,
U339 and U350 USB Flash Drives, PQI Traveling Disk U230, i220, and U172 Flash Drives,
PQI Card Drive U510, Pretec i-Disk BulletProof, Pretec I-Disk 11, Flash Drive, Transcend
JetFlash V10, 110 and 120 USB Flash Drives, Transcend JetFlash 210 Fingerprint USB Flash
-64- NONCONFIDENTIAL VERSION
Drive, Trek ThumbDrive Mini, Verbatim Store ‘n’ Go USB Drive, and Welldone USB2.0 Flash
Drive - Flash Card PC/Mac. Photographs and other documents related to these imported
products are submitted with this Complaint as Exhibits 15-21,31-33,53-61,145-149,212-221,
228-230,372-391,409-411,470-478,480, and 511 to the Furino Declaration (Exhibit 109). A
detailed description of the steps that SanDisk took in procuring these sample products is set
forth in the Declaration of Neal Furino (and Exhibits), attached to this Complaint as Exhibit
109.
323. These sample flash products including USBest flash memory controllers bear
designations including “Made in Taiwan,” “Taiwan,” “Made in China,” “KOR,” or “Japan” as
set forth in the Declaration of Neal Furino (and Eshibits), attached to this Complaint as
Exhibit 109. On information and belief, these designations indicate that these products were
manufactured in Taiwan, China, Korea or Japan. SanDisk is informed and believes that
USBest intends to continue to sell for importation, import andor sell within the United States
after importation such infringing products.
4. Skymedi
324. SanDisk has obtained representative samples in the United States of imported
flash drives including Skymedi’s SK6201, SK6202, and SK6281 flash memory controllers.
These representative samples include: Corsair TurboFlash, Kingston DataTraveler USB Flash
Drive, PQI Cool DriveU339, and PQI Traveling Disk U230. Photographs and other documents related to these imported products are submitted with this Complaint as Exhibits 89, 269-270,
271, and 366-368 to the Furino Declaration (Exhibit 109). A detailed description of the steps that SanDisk took in procuring these sample products is set forth in the Declaration of Neal
Furino (and Exhibits), attached to this Complaint as Exhibit 109.
-65- NQNCQNFIDENTIAL VERSION
325. These sample flash drives including Skymedi flash memory controllers bear designations including “Made in Taiwan,” “Assy in Taiwan,” “Assy in China” or “KOR,” as set forth in the Declaration of Neal Furino (and Exhibits), attached to this Complaint as
Exhibit 109. On information and belief, these designations indicate that these products were manufactured in Taiwan, China or Korea. SanDisk is informed and believes that Skymedi intends to continue to sell for importation, import andor sell after importation such infringing products.
5. Chipsbank
326. SanDisk has obtained representative samples of imported flash drives in the
United States including Chipsbank’s CBM1183, CBM2080, and CBM2090 flash memory controllers. These representative samples include: HUKE USB 2.0 Portable Flash Drives,
Kaser MiniDrives, Super Talent Slim Flash Drives, and TSR (T-One) USB 2.0 Plug and Play
High Speed Flash Disks. Photographs and other documents related to these imported products are submitted with this Complaint as Exhibits 117-120, 205, 232, 453, and 502-505 to the
Furino Declaration (Exhibit 109). A detailed description of the steps that SanDisk took in procuring these sample products is set forth in the Declaration of Neal Furino (and Exhibits), attached to this Complaint as Exhibit 109.
327. These sample drives including Chipsbank flash memory controllers bear designations including “Made in China,” “KOR’ or “Japan,” as set forth in the Declaration of
Neal Furino (and Exhibits), attached to this Complaint as Exhibit 109. On information and belief, these designations indicate that these products were manufactured in China, Korea or
Japan. SanDisk is informed and believes that Chipsbank intends to continue to sell for importation, import and/or sell after importation such infringing products.
-66- NONCONFIDENTIAL VERSION
6. Huke
328. SanDisk has obtained representative samples in the United States of imported flash drives including Huke’s EH163-L4 flash memory controllers and of Huke’s flash drives incorporating Chipsibank’s memory controllers. These representative samples include:
Emprex PD330 USB flash drive, Huke USB 2.0 Portable Flash Drive and Huke MP3 Card
Reader. Photographs and other documents related to these imported products are submitted with this Complaint as Exhibits 49-50 to the Furino Declaration (Exhibit 109). A detailed description of the steps that SanDisk took in procuring these sample products is set forth in the
Declaration of Neal Furino (and Exhibits), attached to this Complaint as Exhibit 109.
329. These sample flash drives and media players bear designations including “Made in China”, “TAIWAN”, and “Made in Taiwan,” as set forth in the Declaration of Neal Furino
(and Exhibits), attached to this Complaint as Exhibit 109. On information and belief, these designations indicate that these products were manufactured in China and Taiwan. SanDisk is informed and believes that Huke intends to continue to sell for importation, import and/or sell after importation such infringing products.
B. Companies Providing Flash Drives, Memory Cards and Media Players
1. PQII
330. SanDisk has obtained representative samples of PQI’s imported flash drives, memory cards and media players in the United States. These representative samples include:
PQI Cool Drive U310, U320, U330, U339 and U350 USB Flash Drives, PQI Traveling Disk
U230, PQI Card Drive U510, PQI Traveling Disk i221, PQI Traveling Disk U172, PQI Joy
Tone U801 flash media player, PQI Joy Tone U820 Digital Music Player, PQI Mr. Flash
CompactFlashB cards, PQI MMC and MMCplus memory cards, and PQI CompactFlashB
-67- NBNCONFIDENTIAL VERSION
memory cards. Photographs and other documents related to these imported products are
submitted with this Complaint as Exhibits 327 through 398 to the Furino Declaration (Exhibit
109). A detailed description of the steps that SanDisk took in procuring sample PQI products
is set forth in the Declaration of Neal Furino (and Exhibits), attached to this Complaint as
Exhibit 109.
33 1. These sample flash drives, memory cards and media players bear designations
including “Made in China”, “Made in Taiwan,” “Taiwan”, or “Korea,” as set forth in the
Declaration of Neal Furino (and Exhibits), attached to this Complaint as Exhibit 109. On
information and belief, these designations indicate that these products were manufactured in
China, Taiwan or Korea. SanDisk is informed and believes that PQI intends to continue to sell
for importation, import and/or sell after importation such infringing products.
2. PNY
332. SanDisk has obtained representative samples of PNY’s imported flash drives and memory cards in the United States. These representative samples include: PNY
CompactFlash@ cards, PNY Attachd, PNY Collegiate Attach6 and PNY Optima Pro Attachd
USB Flash Drive. Photographs and other documents related to these imported products are submitted with this Complaint as Exhibits 299 through 326 to the Furino Declaration (Exhibit
109). A detailed description of the steps that SanDisk took in procurkg sample PNY products is set forth in the Declaration of Neal Furino (and Exhibits), attached to this Complaint as
Exhibit 109.
333. These sample flash drives and memory cards bear designations including “Made in China,” “Made in Taiwan,” “Taiwan,” “Japan” “KOR,” or “Korea,” as set forth in the
Declaration of Neal Furino (and Exhibits), attached to this Complaint as Exhibit 109. On
-68- NONCONFIDENTIAL VERSION information and belief, these designations indicate that these products were manufactured in
China, Taiwan, Japan or Korea. SanDisk is informed and believes that PNY intends to continue to sell for importation, import and/or sell after importation such infringing products.
3. Kingston
334. SanDisk has obtained representative samples of Kingston’s imported flash drives, memory cards, and media players in the United States. These representative samples include: Kingston MMC cards, Kingston DataTraveler USB Flash Drive, Kingston
DataTraveler I1 Plus - Migo Edition, Kingston DataTraveler ReadyFlash and Kingston
DataTraveler 100, and Kingston K-PEX 100 - Portable Entertainment Experience.
Photographs and other documents related to these imported products are submitted with this
Complaint as Exhibits 241 through 273 to the Furino Declaration (Exhibit 109). A detailed description of the steps that SanDisk took in procuring sample Kingston products is set forth in the Declaration of Neal Furino (and Exhibits), attached to this Complaint as Exhibit 109.
335. These sample flash drives, memory cards, and media players bear designations including “Made in China”, “Assembled in CHINA,” ASSY IN CHINA,” “Korea”,
“Assembled in Taiwan,” or “Taiwan,” as set forth in the Declaration of Neal Furino (and
Exhibits), attached to this Complaint as Exhibit 109. On information and belief, these designations indicate that these products were manufactured in China, Korea, or Taiwan.
SanDisk is informed and believes that Kingston intends to continue to sell for importation, import and/or sell after importation such infi-inging products.
4. Buffalo
336. SanDisk has obtained representative samples of Buffalo’s imported flash drives in the United States. These representative samples include: Buffalo High Speed USB Flash
-69- NONCONFIDENTIIAL VERSION
Drive RUF2-E, Buffalo Ultra High Speed USB Flash Drive RUF2-S and Buffalo Ultra High
Speed 2.0 USB Flash Drive. Photographs and other documents related to these imported products are submitted with this Complaint as Exhibits 64 through 69 to the Furino Declaration
(Exhibit 109). A detailed description of the steps that SanDisk took in procuring sample
Buffalo products is set forth in the Declaration of Neal Furino (and Exhibits), attached to this
Complaint as Exhibit 109.
337. These sample flash drives bear designations including “TAIWAN’,, “Made in
Taiwan” or “Korea,” as set forth in the Declaration of Neal Furino (and Exhibits), attached to this Complaint as Exhibit 109. On information and belief, these designations indicate that these products were manufactured in Taiwan or Korea. SanDisk is informed and believes that
Buffalo intends to continue to sell for importation, import and/or sell after importation such infringing products.
5. Verbatim
338. SanDisk has obtained representative samples of Verbatim’s imported flash drives in the United States. These representative samples include: Verbatim Store In’ Go USB
Drive, Verbatim Store ‘n’ Go USB Pro Drive, and Verbatim Store In’ Flay MP3 Player.
Photographs and other documents related to these imported products are submitted with this
Complaint as Exhibits 507 through 512 to the Furino Declaration (Exhibit 109). A detailed description of the steps that SanDisk took in procuring sample Verbatim products is set forth in the Declaration of Neal Furino (and Exhibits), attached to this Complaint as Exhibit 109.
339. These sample flash drives and media players bear designations including
“Japan,” “Taiwan,” “Made in Taiwan,” “Made in Indonesia” or “Made in China,” as set forth in the Declaration of Neal Furino (and Exhibits), attached to this Complaint as Exhibit 109.
-70- NONCONFIDENTIAL VERSION
On information and belief, these designations indicate that these products were manufactured in
Japan, Taiwan, Indonesia or China. SanDisk is informed and believes that Verbatim intends to continue to sell for importation, import and/or sell after importation such infiinging products.
6. Transcend
340. SanDisk has obtained representative samples of Transcend’s imported flash drives and memory cards in the United States. These representative samples include:
Transcend MMCplus cards, Transcend JetFlash V30, Transcend JetFlash V60, Transcend
JetFlash V10, Transcend JetFlash 1 10, Transcend JetFlash 2 10 Fingerprint USB Flash Drive and Transcend JetFlash 120. Photographs and other documents related to these imported products are submitted with this Complaint as Exhibits 458 through 478 to the Furino
Declaration (Exhibit 109). A detailed description of the steps that SanDisk took in procuring sample Transcend products is set forth in the Declaration of Neal Furino (and Exhibits), attached to this Complaint as Exhibit 109.
341. These sample flash drives and memory cards bear designations including
“Korea,” “Made in China” or “Made in Taiwan,” as set forth in the Declaration of Neal Furino
(and Exhibits), attached to this Complaint as Exhibit 189. On information and belief, these designations indicate that these products were manufactured in Korea, China or Taiwan.
SanDisk is informed and believes that Transcend intends to continue to sell for importation, import and/or sell after importation such infkinging products.
7. Imation
342. SanDisk has obtained representative samples of Imation’s imported flash drives, memory cards, and media players in the United States. These representative samples include: Memcorp Disney WAMMC card, Memorex CompactFlashQ cards, AmbiCom
-71- NONCONFLEPENTIAE VERSION
CompactFlash@ cards, Memorex Digital Media Players MMP8640A, MMP8564, MMP8565, and MMP8567, Imation Clip USB Flash Drive, Imation Swivel USB Flash Drive, TDK Trans- it USB Flash Drive, TDK USB 2.0 Flash Drive, Memorex TravelDrive USB Flash Drive,
Memorex M-Flyer USB Flash Drive, Memorex Money Clip USB Flash Drive, Pivot USB
Flash Drive, Flyer 4X TravelDrive, M-Flyer Pilot and TDK Trans-It. Photographs and other
documents related to these imported products are submitted with this Cornplaint as Exhibits
124 through 150 to the Furino Declaration (Exhibit 109). A detailed description of the steps that SanDisk took in procuring these sample products is set forth in the Declaration of Neal
Furino (and Exhibits), attached to this Complaint as Exhibit 109.
343. These sample flash drives, memory cards, and media players bear designations including “Made in China”, “Made in Indonesia,” “Made in Taiwan,” “Korea” or “Japan,” as set forth in the Declaration of Neal Furino (and Exhibits), attached to this Complaint as
Exhibit 109. On information and belief, these designations indicate that these products were manufactured in China, Indonesia, Taiwan, Korea or Japan. SanDisk is informed and believes that Imation intends to continue to sell for importation, import and/or sell after importation such infringing products.
8. Add-on
344. SanDisk has obtained representative samples of Add-on’s imported flash drives and memory cards in the United States. These representative samples include: ACP-EP
MMC cards, ACP-EP Privacy Drive, ACP-EP Mini Flash Drives, ACP-EP FORUM-Snow
Drive Destroyer, ACP-EP FORUM-Snow Drive Eddie Wall Destroyer 156 and ACP-EP
Burton Vapor Snow Drive. Photographs and other documents related to these imported products are submitted with this Complaint as Exhibits 23 through 33 to the Furino Declaration
-72- NON~ON~IDENTIA~VERSION
(Exhibit 109). A detailed description of the steps that SanDisk took in procuring sample Add-
On (ACP-EP) products is set forth in the Declaration of Neal Furino (and Exhibits), attached
to this Complaint as Exhibit 109.
345. These sample flash drives and memory cards bear designations including
“Taiwan,” as set forth in the Declaration of Neal Furino (and Exhibits), attached to this
Complaint as Exhibit 109. On information and belief, this designation “Taiwan” indicates that
these products were manufactured in Taiwan. SanDisk is infomed and believes that Add-On
intends to continue to sell for importation, import andor sell after importation such infringing products.
9. A-Data
346. SanDisk has obtained representative samples of A-Data’s imported flash drives
in the United States. These representative samples include: A-Data Fingerprint Disk - FP1, A-
Data Markvision Pendrive, A-Data PDlO Flash Drive, A-Data PD2 Flash Drive, A-Data
Fingerprint Disk - FP1, A-Data RB1 Flash Drive-JOGR and PD3 Disney Cars Flash Drive.
Photographs and other documents related to these imported products are submitted with this
Complaint as Exhibits 1 through 22 to the Furino Declaration (Exhibit 109). A detailed description of the steps that SanDisk took in procuring sample A-Data products is set forth in the Declaration of Neal Furino (and Exhibits), attached to this Complaint as Exhibit 109.
347. These sample flash drives bear designations including “Taiwan,” “Made in
Taiwan” or “Korea,” as set forth in the Declaration of Neal Furino (and Exhibits), attached to this Complaint as Exhibit 109. On information and belief, these designations indicate that these products were manufactured in Taiwan or Korea. SanDisk is informed and believes that
-73- NONCONFIDENTIAL VERSION
A-Data intends to continue to sell for importation, import and/or sell after importation such infringing products.
10. Apacer
348. SanDisk has obtained representative samples of Apacer’s imported flash drives in the United States. These representative samples include: Apacer Handy Steno AH320
Compressor. Photographs and other documents related to these imported products are submitted with this Complaint as Exhibits 36 through 88 to the Furino Declaration (Exhibit
109). A detailed description of the steps that SanDisk took in procuring sample Apacer products is set forth in the Declaration of Neal Furino (and Exhibits), attached to this
Complaint as Exhibit 109.
349. The Apacer Handy Steno AH320 Compressor bears the designation “Made in
Taiwan,” as set forth in the Declaration of Neal Furino (and Exhibits), attached to this
Complaint as Exhibit 109. On information and belief, the designation “Made in Taiwan” indicates that these products were manufactured in Taiwan. SanDisk is informed and believes that Apacer intends to continue to sell for importation, import and/or sell after importation such infringing products.
11. Behavior Tech
350. SanDisk has obtained representative samples of Behavior Tech’s imported flash drives and media players in the United States. These representative samples include:
Emprex PDlO USB Flash Drive, Emprex PD330 USB Flash Drive, Emprex USB Flash Drives, and Emprex MP-5 16A and MP- 1103 digital media players. Photographs and other documents related to these imported products are submitted with this Complaint as Exhibits 46 through 61 to the Furino Declaration (Exhibit 109). A detailed description of the steps that SanDisk took
-74- NON~~NF~ENTI~VERSION
in procuring sample Behavior Tech products is set forth in the Declaration of Neal Furino (and
Exhibits), attached to this Complaint as Exhibit 109.
35 1. These sample flash drives and media players bear designations including ““Made
in China”, “Made in Taiwan” or “Japan,” as set forth in the Declaration of Neal Furino (and
Exhibits), attached to this Complaint as Exhibit 109. On information and belief, these
designations indicate that these products were manufactured in China, Taiwan or Japan.
SanDisk is informed and believes that Behavior Tech intends to continue to sell for importation, import and/or sell after importation such infringing products.
12. Corsair
352. SanDisk has obtained representative samples of Corsair’s imported flash drives in the United States. Photographs and other documents related to these imported products are submitted with this Complaint as Exhibits 78 through 93 to the Furino Declaration (Exhibit
109). A detailed description of the steps that SanDisk took in procuring sample Corsair products is set forth in the Declaration of Neal Furino (and Exhibits), attached to this
Complaint as Exhibit 109.
353. These sample flash drives bear designations including “Taiwan,” “Assy in
Taiwan” or “Korea,” as set forth in the Declaration of Neal Furino (and Exhibits), attached to this Complaint as Exhibit 109. On information and belief, these designations indicate that these products were manufactured in Taiwan or Korea. SanDisk is informed and believes that
Corsair intends to continue to sell for importation, import and/or sell after importation such inhinging products.
-75- NON~ONFIDE~TI~VERSION
13. Dane-Elec
354. SanDisk has obtained representative samples of Dane-Elec’s imported flash drives in the United States. These representative samples include: Dane-Elec zMate Pen USB
Flash Drive. Photographs and other documents related to these imported products are submitted with this Complaint as Exhibits 100 through 107 to the Furino Declaration (Exhibit
109). A detailed description of the steps that SanDisk took in procuring sample Dane-Elec products is set forth in the Declaration of Neal Furino (and Exhibits), attached to this
Complaint as Exhibit 109.
355. The sample flash drives bear designations including “Made in China,” “Japan” or “Taiwan,” as set forth in the Declaration of Neal Furino (and Exhibits), attached to this
Complaint as Exhibit 109. On information and belief, these designations indicate that these products were manufactured in China, Japan or Taiwan. SanDisk is informed and believes that
Dane-Elec intends to continue to sell for importation, import andor sell after importation such infringing products.
14. Edge
356. SanDisk has obtained representative samples of Edge’s imported flash drives in the United States. These representative samples include: Edge DiskCo USB 2.0 Flash Drive and Edge DiskCo USB 2.0 Secure Flash Drive with Encryption. Photographs and other documents related to these imported products are submitted with this Complaint as Exhibits
109 through 115 to the Furino Declaration (Exhibit 109). A detailed description of the steps that SanDisk took in procuring sample Edge products is set forth in the Declaration of Neal
Furino (and Exhibits), attached to this Complaint as Exhibit 109.
-76- NONCON~I~EN~IA~VERSION
357. These sample flash drives bear designations including “Taiwan,” as set forth in the Declaration of Neal Furino (and Exhibits), attached to this Complaint as Exhibit 109. On information and belief, these designations indicate that these products were manufactured in
Taiwan. SanDisk is informed and believes that Edge intends to continue to sell for importation, import and/or sell after importation such in-fringingproducts.
15. Kanguru
358. SanDisk has obtained representative samples of Kanguru’s imported flash drives and media players in the United States. These representative samples include: Kanguru
FlashBlu USB Flash Drive, Kanguru Bio Drive, Kanguru MicroDrive AES USB Flash Drive
KanpMicroDrive AES Encrypted Flash Drive, and Kanguru Micro MP3 Pro media player.
Photographs and other documents related to these imported products are submitted with this
Complaint as Exhibits 223 through 230 to the Furino Declaration (Exhibit 109). A detailed description of the steps that SanDisk took in procuring sample Kanguru products is set forth in the Declaration of Neal Furino (and Exhibits), attached to this Complaint as Exhibit 109.
359. These sample flash drives and media players bear designations including “Made in Taiwan” or “KOR,” as set forth in the Declaration of Neal Furino (and Exhibits), attached to this Complaint as Exhibit 109. On information and belief, these designations indicate that these products were manufactured in Taiwan or Korea. SanDisk is informed and believes that
Kanguru intends to continue to sell for importation, import and/or sell after importation such infiinging products.
16. Kaser
360. SanDisk has obtained representative samples of Kaser’s imported flash drives and media players in the United States. These representative samples include: Kaser
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MiniDrive, Kaser Laser Pen Drive, and Kaser MP4 Digital Player. Photographs and other documents related to these imported products are submitted with this Complaint as Exhibits
231 through 237 to the Furino Declaration (Exhibit 109). A detailed description of the steps that SanDisk took in procuring sample Kaser products is set forth in the Declaration of Neal
Furino (and Exhibits), attached to this Complaint as Exhibit 109.
361. These sample flash drives and media players bear designations including
“Korea,” as set forth in the Declaration of Neal Furino (and Exhibits), attached to this
Complaint as Exhibit 109. On information and belief, this designation indicates that these products were manufactured in Korea. SanDisk is informed and believes that Kaser intends to continue to sell for importation, import andor sell after importation such infringing products.
17. LG
362. SanDisk has obtained representative samples of LG’s imported flash drives and media players in the United States. These representative samples include: LG Retractable
USB Flash Drive, LG USB Flash Drive, LG Xtick Mirror USB Flash Drive, and LG UP3
MP3AJSB Drive. Photographs and other documents related to these imported products are submitted with this Complaint as Exhibits 276 through 287 to the Furino Declaration (Exhibit
109). A detailed description of the steps that SanDisk took in procuring sample LG products is set forth in the Declaration of Neal Furino (and Exhibits), attached to this Complaint as
Exhibit 109.
363. These sample flash drives and media players bear designations including
“Taiwan,” “Made in Korea” or “Korea,” as set forth in the Declaration of Neal Furino (and
Exhibits), attached to this Complaint as Exhibit 109. On information and belief, these designations indicate that these products were manufactured in Taiwan or Korea. SanDisk is
-78- NONCONF~DE~T~AEVERSION informed and believes that EG intends to continue to sell for importation, import and/or sell after importation such infringing products.
18. TSR
364. SanDisk has obtained representative samples of TSR’s imported flash drives in the United States. These representative samples include: T.One USB 2.0 Plug and Play High
Speed Flash Disk. Photographs and other documents related to these imported products are submitted with this Complaint as Exhibits 502 through 505 to the Furino Declaration (Exhibit
109). A detailed description of the steps that SanDisk took in procuring sample TSR products is set forth in the Declaration of Neal Furino (and exhibits), attached to this Complaint as
Exhibit 109.
365. The T.One USB 2.0 Plug and Play High Speed Flash Disk bears the designation
“Made in China,” as set forth in the Declaration of Neal Furino (and Exhibits), attached to this
Complaint as Exhibit 109. On information and belief, the designation “Made in China” indicates that these products were manufactured in China. SanDisk is informed and believes that TSR intends to continue to sell for importation, import and/or sell after importation such infringing products.
19. Welldone
366. SanDisk has obtained representative samples of Welldone’s imported flash drives in the United States. These representative samples include: Welldone USB2.0 Flash
Drive - Flash Card PCMac. Photographs and other documents related to these imported products are submitted with this Complaint as Exhibit 517 to the Furino Declaration (Exhibit
109). A detailed description of the steps that SanDisk took in procuring sample Welldone
-79- NONCONFIDENTI~LVERSION
products is set forth in the Declaration of Neal Furino (and Exhibits), attached to this
Complaint as Exhibit 109.
367. The Welldone USB2.0 Flash Drive - Flash Card PC/Mac bears the designation
“Japan” or “Made in Taiwan,” as set forth in the Declaration of Neal Furino (and Exhibits),
attached to this Complaint as Exhibit 109. On information and belief, the designation “Japan”
or “Made in Taiwan” indicates that these products were manufactured in Japan or Taiwan.
SanDisk is informed and believes that Welldone intends to continue to sell for importation, import and/or sell after importation such infringing products.
C. Other Importation
368. SanDisk has acquired imported samples from Trek, Super Talent, Wintec, Sony and Pretec, which may also infringe the Asserted Patents. A detailed description of the designation of origin and steps that SanDisk took in procuring these imported samples is set forth the Declaration of Neal Furino (and Exhibits), attached to this Complaint as Exhibit 109.
369. Exhibit 141 lists the item numbers under the Harmonized Tariff Schedules of the United States for flash memory products and downstream products containing same, which have been imported unlawfully into the United States, sold for importation into the United
States, and/or offered for sale or sold within the United States after importation in violation of
SanDisk’s patent rights.
VIII. DOMESTIC INDUSTRY
370. As defined by Section 337(a)(3), a domestic industry exists in connection with
SanDisk’s flash memory products that are used to practice one or more claims of the Asserted
Patents. SanDisk has made significant investments in property and equipment and employs a significant amount of labor and capital in the United States for the design, development,
-80- NQNCONFIDENTIAL VERSION
testing, marketing, sale and servicing of flash memory products embodying the claims of the
Asserted Patents. In addition, SanDisk has made substantial investments in the exploitation of
the Asserted Patents by virtue of its substantial engineering, research and development and
licensing activities within the United States.
371. Founded in 1988, SanDisk become a leading supplier of innovative flash
memory data storage products. Confidential Exhibit 143 (Mehrotra Decl.) at 79. SanDisk is
in the business of designing, manufacturing and marketing a wide range of flash memory
products, including memory cards, memory sticks, USB drives and media players, to the
consumer, OEM and enterprise and small business markets. Confidential Exhibit 143
(Mehrotra Decl.) at 79.
372. Exhibit 142 lists SanDisk flash memory card, USB drive and media player
products. These products represent a significant majority of SanDisk’s flash memory related
products as well as the majority of San Disk’s products overall. Confidential Exhibit 143
(Mehrotra Decl.) at 714.
373. SanDisk flash memory card products include memory cards in the following
formats: CompactFlashB, SDTM(including SDHCTM,miniSDTM, miniSDHCTM, microSDTM,
microSDHCTM),MMC (including MMCmobile), and Memory Stick (including M2, PROTM,
PRO DuoTM). These cards are sold under variety of brands and products lines, including but not limited to Extreme@, Ultra@, Shoot & StoreTM,Gaming, and RapidGX, as well as to OEM market. Confidential Exhibit 143 (Mehrotra Decl.) at 710.
374. SanDisk USB flash drives are sold at least under CruzerB and Extreme@ brands
and to the OEM market. SanDisk media players are sold under the Sansa@ brand.
Confidential Exhibit 143 (Mehrotra Decl.) at 710. The following SanDisk Cruzer@ USB
-81- NONCONF~ENTI~VERSION
flash drive products contain U3 smart encryption technology: ContourTM,Titanium, Micro,
Snap, Tag, and Fleur. SanDisk Customized USB Flash Drives and Custom USB Jewelry are
also U3 compatible. Confidential Exhibit 143 (Mehrotra Decl.) at 713.
375. With flash memory’s capability for storing large amounts of data in a compact, removable format, SanDisk’s innovative products employing SanDisk’s patented technology have helped drive the exponential growth in sales of digital cameras, multi-function mobile phones, USB flash drives, digital audiohideo players, and other digital consumer devices.
SanDisk has achieved much of its market success by developing and designing memory controller technology and flash memory chips that can be used in wide range of applications and devices. For example, the same controller technology and flash memory chips can be configured for use in standard consumer products or high performance devices.
376. The Asserted Patents play an important role in SanDisk’s market success. For example, SanDisk develops, designs and engineers its next generation controllers and flash memory chips to achieve high-performance in reaawrite speed, capacity, and reliability that is enabled through use of SanDisk’s patented controller and high-density flash memory technology, even though not all configurations of all SanDisk flash memory products require these capabilities.
377. The claimed technology of the Asserted Patents is designed and engineered into
SanDisk’s controllers and flash memory chips included in almost all of SanDisk’s flash memory products, including the vast majority of SanDisk’s memory cards, memory sticks, flash drives, and Sansa* MP3 players, whether or not such high-performance capabilities are required to meet every particular customer segment, application, or configuration requirement.
-82- NONCONFIDENTIAL VERSION
378. For example, currently, in SanDisk Flash Memory Products, (i) the
is used in the USB flash drives; (ii) the is used in a substantial number of Memory Stick products; (iii) the are used in the
SDTM Card products, (iv) the is used in Media Player products, and (v) the
Athens 3 controller is used in CompactFlash@Card products.
the interface between flash controller and NAND flash memory chip. Therefore, although the
(i.e., interface between host and flash controller)
381. Prior SanDisk were
; engineered and designed to meet
-83- NONCONFIDENTIAL VERSION
382. The phrase “SanDisk Practicing Product(s)” refers to SanDisk products
configured to practice one or more claims of an Asserted Patent. A list of SanDisk Flash
Memory Products that are SanDisk Practicing Products is attached hereto as Exhibit 142.
Each of these products includes a controller and one or more flash memory chips. See
Confidential Exhibit 144 (Tomlin Decl.) at 712.
383. SanDisk provides USB flash drives under the CruzerB brand among others.
One such SanDisk USB drive is the SanDisk CruzerB Micro 8GB USB Flash Drive
(referred to hcrein as “SanDisk Cruzcr
Micro Representative Product”). Confidential Exhibit 144 (Tomlin Decl.) at 720. A photograph of the SanDisk Cruzer Micro Representative Product is attached as Exhibit F to the
Declaration of Andrew J. Tomlin (Confidential Exhibit 144) and Exhibit 150. Also
submitted with this Complaint as Physical Exhibit 1 is a physical sample of a SanDisk
Practicing Product, the Cruzer Micro Representative Product. This product is representative of
SanDisk Practicing Product and is analyzed in the claim charts provided in Confidential
Exhibits 145-149.
-84- NONCONFIIDENTIAL VERSION
384. SanDisk has compared exemplary claims of the Asserted Patents to a SanDisk
Practicing Product, the Cruzer Micro Representative Product. With respect to the relevant
patented features of the Asserted Patents, the Cruzer Micro Representative Product is
representative of the SanDisk Practicing Products to the extent such products are configured to
practice the claim at issue.
385. SanDisk’s comparison demonstrates that the Asserted Patents are practiced by
the Cmzer Micro Representative Product. The documents that SanDisk relied on to describe
the Cruzer Micro Representative Product are discussed in and attached as Exhibits A4to the
Confidential Declaration of Andrew J. Tomlin (Confidential Exhibit 144), submitted with this
Complaint. Claim charts that apply exemplary claims of the Asserted Patents to the operation
of the Cruzer Micro Representative Product are submitted with this Complaint as Confidential
Exhibits 145-149.
386. For example, SanDisk Practicing Product(s) that are flash drives containing
encryption software practice one or more asserted claims of the ’01 1 patent. SanDisk bundles
a software application called CruzerSynch with its CruzerB USB Flash Drives, including the
CmzerO ContourTM,Titanium, Micro, Snap, Tag, Fleur, and certain of its customized flash
drives. See Exhibit 142; Confidential Exhibit 144 (Tomlin Decl.) at 721. This application is
used to synchronize e-mail, personal files and other data between the user7spersonal computer
and his or her Cruzea flash drive. When synchronizing a user’s data, SanDisk’s CruzerSynch
software encodes the data with an encryption algorithm. After encoding the user’s data,
SanDisk’s CruzerSynch software stores the encrypted data in the Cruzer’s flash memory. The user may then retrieve and decode the data with the CruzerSynch software, which uses a
-85- NONCONFJDENTIAL VERSION decryption algorithm stored in the Cruzer’s flash memory. See Confidential Exhibit 144
(Tomlin Decl.) at 721.
387. SanDisk has derived substantial revenues from the sale of SanDisk Practicing
Products. In 2006, SanDisk earned $2.9 billion in revenues from sales of its flash memory products, which revenue has grown substantially in the past few years from $2.1 billion in
2005, $1.6 billion in 2004, $982 million in 2003, and $493 million in 2002. Exhibit 6 at 37.
388. SanDisk has approximately full-time employees worldwide and employees currently working in the United States. Confidential Exhibit 143 (Mehrotra Decl.) at 717; see ahExhibit 6 at 10. Of SanDisk’s employees in the United States, the vast majority support or perform work related to SanDisk flash memory products. Confidential
Exhibit 143 (Mehrotra Decl.) at 717.
389. SanDisk’s primary facility in the United States is located in Milpitas, California and comprises 444,000 square feet of leased space. Exhibit 6 at 30. SanDisk has invested approximately $3 18 million in property and equipment worldwide in 2006. Exhibit 6 at F-4.
. Confidential Exhibit 151 (Waltze
Decl.) at 75. As of end of second quarter of 2007, SanDisk’s investment in plant and equipment world wide was approximately $330 million. See Exhibit 152 at 3. -Confidential Exhibit 151 (Waltze Decl.) at 5. = Confidential Exhibit 151 (Waltze Decl.) at 76.
-86- NONCOWIDENTIAL VERSION
390. SanDisk’s engineering, design, research and development activities in the
United States related to SanDisk Practicing Products are conducted at its Milpitas, California
facilities. Confidential Exhibit 143 (Mehrotra Decl.) at 723. In fact, the vast majority of the
SanDisk Flash Memory Products identified in Exhibit 142 are designed and developed by
SanDisk at its Milpitas, California facilities. See Confidential Exhibit 144 (Tomlin Decl.) at
722.
391. SanDisk’s design and development activities include flash memory design, flash
memory device engineering, flash memory process technology development and engineering,
qualification of the flash memory devices, as well as development of controllers that work with
the flash memory chips in the flash memory products. See Confidential Exhibit 144 (Tomlin
Decl.) at 722.
392. SanDisk dcsigns for use with thc
. Confidential Exhibit 144 (Tomlin Decl.) at 75. Thus, SanDisk
expends funds designing
Confidential Exhibit
143 (Mehrotra Decl.) at 724. SanDisk also designs and manufactures flash memory products
which include one or more NAND flash memory chips and a flash memory controller.
Confidential Exhibit 144 (Tomlin Decl.) at 75.
393. SanDisk spent over $80 million in 2003, $125 million in 2004, $195 million in
2005, and $306 million in 2006 on research and development. Exhibit 6 at F5; Exhibit 153 at
61. The majority of these expenditures were in the United States related to SanDisk’s flash memory products. See Confidential Exhibit 143 (Mehrotra Decl.) at 722. The majority of
-87- NONCONFIDENTIAI, VERSION
SanDisk’s research & development, design, and engineering expenditures in the United States relate to the products listed in Exhibit 142 or their components and are conducted at SanDisk’s
Milpitas, California facility. See Confidential Exhibit 143 (Mehrotra Decl.) at 723.
394. As of August 2007, SanDisk had over employees performing research and development, design and engineering related to SanDisk flash memory products in the United States. See Confidential Exhibit 143 (Mehrotra Decl.) at 719. SanDisk currently employs
-1. -1. Confidential Exhibit 143 (Mehrotra Decl.) at 718.
395. SanDisk has 1- located in SanDisk’s facilities in the
United States that work on
. See Confidential Exhibit 144 (Tomlin
Decl.) at 775-9; confidential Exhibit 143 (Mehrotra Decl.) at 721.
396. Departments at SanDisk predominantly responsible for performing engineering, design, and research and development related to the SanDisk flash memory products identified in Exhibit 142 or components of those products, such as controllers (including firmware
(“f/w”), sofkware (‘‘dw”), ASIC, andor hardware) andor flash memory chips, currently include at least the Departments identified in the Table below. See Confidential Exhibit 143
(Mehrotra Decl.) at 720. As of August 2007, s located in the United States were working within these Departments, with the vast majority of these individuals performing
-88- NONCONFIDENTIAL VERSION technical engineering, design and R&D functions. See Confidential Exhibit 143 (Mehrotra
Decl.) at 720.
Table. SanDisk R&D Departments Designing, Engineering and Developing Flash Memory Products and Their Components
397. SanDisk reorganized certain of its Departments in 2007. Prior to this reorganization, SanDisk Departments predominantly responsible for performing engineering, design, and research and development related to the SanDisk flash memory products identified in Exhibit 142 or components of those products included at least those listed above having the same namc and departnicnt number as well as the following-
7 Audio Video * Mobile Consumer Solutions Division Card & Accessories Division.
-89- See Confidential Exhibit 143 (Mehrotra Decl.) at 721.
398. SanDisk has also made significant investments in the Asserted Patents by virtue of its licensing activities. In 1995, SanDisk adopted a strategy of licensing its flash technology, including its patent portfolio, to third party manufacturers. In 2006 alone,
SanDisk’s license and royalty revenues were over $33 1 million. See Exhibit 6 at F5. SanDisk has 13 licenses to the Asserted Patents. See Confidential Exhibit 110. All SanDisk employees involved in licensing work in the United States.
IX. RELATED LITIGATION
399. The ’808 patent is a continuation of an application that issued as 5,418,752 (“the
’752 patent”). The ’752 patent was at issue in Investigation No. 337-TA-382, involving
Complainant SanDisk and Respondents Samsung Electronics Co., Ltd. and Samsung
Semiconductor Inc. On February 26, 1997, Judge Harris issued an Initial Determination construing the ’752 patent and finding that the ’752 patent was valid and infringed by certain
Samsung NAND flash memory products. These findings became the Commission’s Final
Determination on April 15, 1997. The parties settled before the exclusion order took effect.
400. SanDisk asserted the ’808 patent in the Eastern District of Texas as a counterclaim against STMicroelectronics (Civil Action No. 4:05-CV-45). On April 10-11,
2006, the Court issued an order construing certain terms of the ’808 patent. On June 25,2007, the parties settled and the case was dismissed.
(...continued from previous page) lo New Product Introduction
-90- NON~ON~~ENTI~LVERSION
X. RELIEF REQUESTED
401. WHEREFORE, by reason of the foregoing, SanDisk requests that the United
States International Trade Commission:
a. Institute an immediate investigation, pursuant to Section 337 of the Tariff Act of
1930, as amended, 19 U.S.C. $ 1337, with respect to violations of that section
based upon the unlawful importation into the United States, sale for importation,
and/or sale within the United States after importation of certain flash memory
controllers, drives, memory cards, and media players, and products containing
same that infringe one or more of the asserted claims of U.S. Patent Nos.
6,426,893, 6,763,424, 5,719,808, 6,947,332, andlor 7,137,011 ;
b. Determine that there has been a violation of Section 337 of the Tariff Act of
1930, as amended, 19 U.S.C. $1337;
c. Issue a permanent exclusion order, pursuant to 19 U.S.C. $ 1337(d), prohibiting
from entry into the United States all flash memory controllers, drives, memory
cards and media players of Respondents, and products containing same that
infringe one or more asserted claims of infringe one or more of the asserted
claims of U.S. Patent Nos. 6,426,893, 6,763,424, 5,719,808, 6,947,332, and/or
7,137,011;
d. Issue permanent cease and desist orders pursuant to 19 U.S.C. $ 1337(f),
prohibiting Respondents fiom importing into the United States, admitting or
withdrawing from a foreign trade zone, selling for importation, or selling or
offering for sale within the United States after importation any flash memory
controllers, drives, memory cards, and media players, and products containing
-91- same that infringe one or more asserted claims of US. Patent Nos. 6,426,893,
6,763,424, 5,719,808,6,947,332. and/or 7,137,011: and
e. Issue such other and further relief as the Commission deems just and proper
under the law, based on the facts determined by the investigation and the
authority of the Commission.
Dated: -,2007 Respectfully submitted,
^X
Michael A. Ladra SamesC.Yaon ’ Julie M.J4olloway WILS~SOXSIXI GOODRICH & ROSATI 650 Page Mill Road Palo Alto, California 94304-1050 Telephone: (650)493-9300 Nicole W. Stafford WILSOIS SONSlhI GOODRICH & ROSATI 891 1 Capital of Texas Highway Korth Westech 360, Suite 3350 Austin, Texas 78759-8397 Telephone: (512) 338-5400 Counsel for Complainant SmDrsrc CORPORATIO~
-92- I, E. Earic Thcrmpson, Chief Intellectual Property Counsel for SanDislr Corporation,