Geforce 500 Series Graphics Cards, Including Without Limitation the Geforce GTX

Home , GeForce 16 series, GeForce 400 series, GeForce 500 series, GeForce 600 series, GeForce 900 series

c) GeForce 500 series graphics cards, including without limitation the GeForce GTX

580, GeForce GTX 570, GeForce GTX 560 Ti, GeForce GTX 560, GeForce GTX 550 Ti, and

GeForce GT 520;

d) GeForce 400 series graphics cards, including without limitation the GcForcc GTX

480, GcForcc GTX 470, GeForce GTX 460, GeForce GTS 450, GeForce GTS 440, and GcForcc

GT 430; and

c) GcForcc 200 series graphics cards, including without limitation the GeForce GT

240, GcForcc GT 220, and GeForce 210.

134. On information and belief, the Accused ’734 Biostar Products contain at least one of the following Accused NVIDIA ’734 Products that infringe at least claims 1-3, 7-9, 12-15, 17, and 19 of the ’734 patent, literally or under the doctrine of equivalents: the GFIOO, GFl04,

GF108, GF110, GF114, GF116, GF119, GK104, GKIO6, GK107, GK208, GM107, GT2l5,

GT2l6, and GT2l8, which are infringing NVIDIA GPUs. (See Section VI.D.1 and claim charts attached as Exhibit 28.)

3. ECS

135. On information and belief, ECS imports, sells for importation, and/or sells after importation into the United States, Accused Products that incorporate Accused NVIDIA ’734

Products (the “Accused PCS ’734 Products”) and therefore infringe the ’734 patent, literally or under the doctrine of equivalents.

136. On information and belief, the Accused ECS "/34 Products include at least the following products that directly infringe at least claims 1-3, 7-9, 12-15, 17, and 19 of the ’734 patent, literally or under the doctrine of equivalents:

a) GeForce 600 series graphics cards, including without limitation the GcForcc GT

680, GeForce GT 670, GeForce GTX 660 Ti, GeForce GTX 660, GeForce GTX 650 Ti Boost,

40 GeForce GTX 650 Ti, GeForce GTX 650, GcForce GT 640, GeF0rce GT 630, GeForce GT

620, and GcForce GT 610;

b) GeForce 500 series graphics cards, including Without limitation the GeForce GTX

580, GcForce GTX 570, GeForce GTX 560 Ti, GeForce GTX 560, GeForce GT 56OSE,

GcForce GTX 550 Ti, and GeForce GT S20;

c) GcForee 400 series graphics cards, including without limitation the GeF0rce GTX

480, GcForcc GTX 470, GeForce GTX 465, GeForce GTX 460, GeForce GTS 450, Geliorce GT

440, and GeForce GT 430; and

d) GeForce 200 series graphics cards, including without limitation the GcForce GT

220 and GeForce 210.

137. On information and belief, the Accused ECS ’734 Products contain at least one of the following Accused NVIDIA "/34 Products that infringe at least claims 1-3, 7-9, 12-15, 17, and 19 of the ’734 patent, literally or under the doctrine of equivalents: GFIOO, GF106, GF108,

GFI 10, GFl14, GF1 16, GF119, GKIO4, GK106, GKl07, GT2l6, and GT218, which are infringing GPUS. (See Section VliD.l and claim charts attached as Exhibit 28.)

4. EVGA

138. On information and belief, EVGA imports, sells for importation, and/or sells after importation into the United States, Accused Products that incorporate Accused NVIDIA ’734

Products (the “Accused EVGA ’73'4Products”) and therefore infringe the ’734 patent, literally or under the doctrine of equivalents.

139. On information and belief, the Accused EVGA ’734 Products include at least the following products that directly infringe at least claims 1-3, 7-9, 12-15, 17, and 19 of the ’734 patent, literally or under the doctrine of equivalents:

41 a) GeForce TITAN series graphics cards, including without limitation the GeForce

GTX TITAN Z, and GeForce GTX TITAN BLACK;

b) GeForce 900 series graphics cards, including without limitation the GeForce GTX

980 and GeForce GTX 9'/O;

c) GeForcc 700 scries graphics cards, including without limitation the GeForcc GTX

780 Ti , GeForce GTX 780, GeForce GTX 770, GeForcc GTX 760, GcForcc GTX 750 Ti,

GeForce GTX 750, GeForcc GT 740, GeForce GT 730, and GeForce GT 720;

d) GeForce 600 series graphics cards, including without limitation the GcForcc GTX

680 , GeForce GTX 660, GeForce GTX 650, GeForce GT 640, GeForce GT 630, GeForce GT

620, and GeForce GT 610;

e) Geliorce 500 series graphics cards, including without limitation the GeForce GT

520;

f) GeForce 200 series graphics cards, including without limitation the GeForce 210;

g) EVGA Tegra NOTE 7 tablet computer; and

h) NVIDIA SIIIELD tablet computer.

l4O. On information and belief, the Accused ’734 EVGA Products contain at least one of the following Accused NVIDIA ’734 Products that infringe at least claims 1-3, 7-9, I2-15, l7, and 19 of the ’734 patent, literally or under the doctrine of equivalents: GFl08, GF119, GKIO4,

GKIO6, GKIO7, GKI IO, GK208, GMIO7, GMZO4,GTZIS, which are infringing GPUs, and the

Tegra 4 T4OS_,which is an infringing SoC. (See Section VI.D.l and claim charts attached as

Exhibit 28.)

5. Fuhu

141. On information and belief, Fuhu imports, sells for importation, and/or sells after importation into the United States, Accused Products that incorporate Accused NVIDIA ’734

42 Products (the “Accused Fuhu ’734 Products”) and therefore infringe the ’734 patent, literally or under the doctrine of equivalents.

142. On information and belief, the Accused Fuhu ’734 Products include at least the following products that directly infringe at least claims 1-3, 7-9, 12-15, 17, and 19 of the ’734 patent, literally or under the doctrine of equivalents:

a) Nabi Dreamlab HD8

b) Nabi XD;

c) Nabi 2; and

d) Nabi Jr.

143. On information and belief, the Accused ’734 Fuhu Products contain at least one of the following Accused NVIDIA ’734 Products that infringe at least claims 1-3, 7-9, 12-15, 17, and 19 of the ’734 patent, literally or under the doctrine of equivalents: Tegra 3 T30, and Tegra

4, which arc infringing SoCs. (See Section VI.D.1 and claim charts attached as Exhibit 28.) 6. Jaton

144. On information and belief, Jaton imports, sells for importation, and/or sells after importation into the United States, Accused Products that incorporate Accused NVIDIA "/34

Products (the “Accused Jaton ’734 Products”) and therefore infringe the ’734 patent, literally or under the doctrine of equivalents.

145. On information and belief, the Accused Jaton ’734 Products include at least the following products that directly infringe at least claims 1-3, 7-9, 12-15, 17, and 19 of the ’734 patent, literally or under the doctrine of equivalents:

a) GeForcc 700 scrics graphics cards, including without limitation the GeForce GT

730;

43 b) GeForce 600 series graphics cards, including without limitation the GeForce GT

630, GcPorcc GT 620, and GeForcc GT 610;

c) GeForce 500 series graphics cards, including without limitation the GeF0rce GT

520; and

d) GeForce 200 series graphics cards, including without limitation the GeForce 210.

146. On information and belief, the Accused ’734 Jaton Products contain at least one of the following Accused NVIDIA ’734 Products that infringe at least claims 1-3, 7-9, 12-15, 17, and 19 of the ’734 patent, literally or under the doctrine of equivalents: GF108, GFI 19, and

GT218, which are infringing GPUs. (See Section VI.D.1 and claim charts attached as Exhibit

28.)

7. Mad Catz

147. On information and belief, Mad Catz imports, sells for importation, and/or sells after importation into the United States, Accused Products that incorporate Accused NVIDIA

’734 Products (the “Accused Mad Catz ’734 Products”) and therefore infringe the "/34 patent, literally or under the doctrine of equivalents.

148. On information and belief, the Accused Mad Catz ’734 Products include the tablet computers and/or gaming consoles containing NVIDIA SoCs (including at least the M.O,J.O.

Micro-Console containing the NVIDIA Tegra 4 T4OS) that directly infringes at least claims 1-3,

7-9, 12-15, 1'7, and 19 of the ’734 patent, literally or under the doctrine of equivalents. (See

Section VI.D.1 and claim charts attached as Exhibit 28.)

8. OUYA

149. On information and belief, OUYA imports, sells for importation, and/or sells after importation into the United States, Accused Products that incorporate Accused NVIDIA ’734

44 Products (the “Accused OUYA ’734 Products”) and therefore infringe the ’734 patent, literally or under the doctrine of equivalents.

150. On information and belief, the Accused OUYA ’734 Products include the tablet computers and/or gaming consoles containing NVIDIA SoCs (including at least OUYA console containing the NVIDIA Tegra 3) that directly infringes at least claims 1-3, 7-9, 12-15, 17, and 19 of the ’734 patent, literally or under the doctrine of equivalents. (See Section Vl.D.1 and claim charts attached as Exhibit 28.)

9. Sparkle

151. On information and belief, Sparkle imports, sells for importation, and/or sells after importation into the United States, Accused Products that incorporate Accused NVlDlA ’734

Products (the “Accused Sparkle ’734 Products”) and therefore infringe the ’734 patent, literally or under the doctrine of equivalents.

152. On information and belief, the Accused Sparkle ’734 Products include at least the following products that directly infringe at least claims 1-3, 7-9, 12-15, 17, and 19 of the ’734 patent, literally or under the doctrine of equivalents:

a) GeForce 700 series graphics cards, including without limitation the GeForce GTX

770, Gellorce GTX 760, GeForce GTX 750 Ti, GeForce GTX 750, Geliorce GT 740, GeForce

GT 730, and GeForce GT 720;

b) GeForce 600 series graphics cards, including Without limitation the GeForce GTX

660 Ti, GeForce GTX 660, GeForce GTX 650 Ti, GeForce GT 640, and GeForce GT 610; and

c) GeForce 200 series graphics cards, including Without limitation the GeForce 210.

153. On information and belief, the Accused ’734 Sparkle Products contain at least one ofthe following Accused NVIDIA ’734 Products that infringe at least claims 1-3, 7-9, 12-15, 17, and 19 of the ’734 patent, literally or under the doctrine of equivalents: GF108, GF119, GKIO4,

45 GKIO6, GK107, GK208, GM107, and GT218, which are infringing GPUs. (See Section V1.D.1 and claim charts attached as Exhibit 28.)

10. Toradex

154. On information and belief, Toradex imports, sells for importation, and/or sells after importation into the United States, Accused Products that incorporate Accused NVIDIA ’734

Products and therefore infringe the ’734 patent (the “Accused Toradex ’734 Products”), literally or under the doctrine of equivalents.

155. On information and belief, the Accused Toradex ’734 Products include at least the following products that directly infringe at least claims 1-3, 7-9, 12-15, 17, and 19 of the ’734 patent, literally or under the doctrine of equivalents:

a) Colibri T30;

b) Colibri T20; and

e) Apalis T30.

156. On information and belief, the Accused ’734 Toradex Products contain at least one of the following Accused NVIDIA ’734 Products that infringe at least claims 1-3, 7-9, 12-15, 17, and 19 of the ’734 patent, literally or under the doctrine of equivalents: Tegra 250 T20 and Tegra

3 T30, which are infringing SoCs. (See Section Vl.D.l and claim charts attached as Exhibit 28.)

ll. Wikipad

157. On information and belief, Wikipad imports, sells for importation, and/or sells after importation into the United States, Accused Products that incorporate Accused NVIDIA ’734

Products (the “Accused Wikipad ’734 Products”) and therefore infringe the ’734 patent, literally or under the doctrine of equivalents.

158. On information and belief, the Accused Wikipad ’734 Products include tablet computers containing NVIDIA SoCs (including at least the Wikipad 7 product containing the

46 NVIDIA Tegra 3 T30) that directly infringes at least claims 1-3, 7-9, 12-15, 17, and 19 of the

’734 patent, literally or under the doctrine of equivalents. (See Section V1.D.l and claim charts attached as Exhibit 28.)

12. ZOTAC

159. On information and belief, ZOTAC imports, sells for importation, and/or sells after importation into the United States, products that incorporate Accused NVIDIA "/34 Products

(the “Accused ZOTAC ’734 Products”) and therefore infringe the ’734 patent, literally or under the doctrine of equivalents.

160. On information and belief, the Accused ZOTAC ’734 Products include at least the following products that directly infringe at least claims l-3, 7-9, 12-15, 17, and 19 of the ’734 patent, literally or under the doctrine of equivalents:

a) GeForce TITAN series graphics cards, including without limitation the GeForee

GTX TITAN Z and GeForce GTX TITAN;

b) GeForce 900 series graphics cards, including Without limitation the GeForce GTX

980 and GeForce GTX 970;

c) GeForce 700 series graphics cards, including Without limitation the GeForce GTX

780 Ti, GeForce GTX 780, GeForce GTX 770, GeF0ree GTX 760, GeForce GTX 750 Ti,

GeForce GTX 750, GcForcc GT 740, GeForce GT 730, and GeForce GT 720;

d) GcForce 600 series graphics cards, including Without limitation the GeForce GTX

660, GcForce GTX 650, GeForce GT 640, GeForce GT 630, GeForce GT 620, and GeForce GT

610;

e) GeForce 400 series graphics cards, including without limitation the GeForce GT

420; and

f) Gehorce 200 series graphics cards, including without limitation the GeForce Z10.

47 161. The Accused ’734 ZOTAC Products contain at least one of the following Accused

NVIDIA ’734 Products that infringe at least claims 1-3, 7-9, 12-15, 17, and 19 of the ’734 patent, literally or under the doctrine of equivalents: GF108, GF119, GK104, GK106, GKIO7, GK110,

GK208, GM107, GM204, and GT218, which are infringing GPUs. (See Section Vl.D.1 and claim charts attached as Exhibit 28.) VII. SPECIFIC INSTANCES OF IMPORTATION

A. NVIDIA

162. According to NVIDIA’s 2013 Form 10-K, attached as Exhibit 12, the Accused

NVIDIA ’385, ‘776, ’734, and ’349 Products (collectively, the “Accused NVIDIA Products”) are manufactured outside the United States, and then assembled, packaged and/or tested in Taiwan and other foreign countries. The Accused NVIDIA Products, as well as the Accused Products of the other Respondents containing Accused NVIDIA Products, are then imported into the United

States, sold for importation into the United States, and/or sold after importation into the United

States, either by NVIDIA or other Respondents. (See Exhibits 12, 34-35.)

163. On or around November 5, 2014, a Samsung representative purchased several imported NVIDIA GPU and SoC products from online retailers in the United States. Exhibit 34 contains a series of copies of receipts for the purchases made on or around November 5, 2014, including the NVIDIA Tesla K20 accelerator, which contains an infringing GKl10 GPU; the

NVIDIA GRID Kl board, which contains an infringing GK] O7GPU; the NVIDIA Quadro K420 graphics card, which contains an infringing GKlO7 GPU; and the NVIDIA SHIELD tablet, which contains an infringing Tegra K1 SoC. Exhibit 34 shows that these products were shipped to the purchaser from a location in the United States. On information and belief, these products are representative of NVlDlA’s infringement of the Asscrted Patents. (See Sections VI.A.1,

Vl.B. 1, VI.C.1, and Vl.D. 1, and Exhibits 25-28.)

48 164. Exhibit 35 includes a series of photographs of the NVIDIA Tesla K20 accelerator card, purchased on or around November 5, 2014. The photographs show that the card’s printed circuit board bears a country of origin marking of China. The photographs also show that the card incorporates an NVIDIA chip bearing a country of origin marking of Taiwan, which on information and belief is an infringing GKl1O GPU. On infonnation and belief, the GK11O is representative of NVIDIA’s infringement of the ’385, ’776 and ’734 patents. (See Sections

VI.A.1, Vl.C.1, and'VI.D.1, and Exhibits 25, 27-28.)

165. Exhibit 35 also includes a series of photographs of the NVlDlA Quadro K420 graphics card, purchased on or around November 5, 2014. The photographs show that the card’s printed circuit board bears a country of origin marking of China. The photographs also show that the card incorporates an NVIDIA chip bearing a country oforigin marking of Taiwan, which on information and belief is an infringing GKIO7 GPU. On information and belief, the GKIO7 is representative of NVIDI/\’s infringement of the ’385, ’776, and ’734 patents. (See Sections

VI./\.1, VI.C.1, and VI.D.l, and Exhibits 25, 27-28.) '

166. Exhibit 35 also includes a series of photographs of the NVIDIA GRID K1 board, purchased on or arotmd November 5, 2014. The photographs show that the card’s printed circuit board bears a country of origin marking of China. The photographs also show that the card incorporates four NVIDIA chips bearing a country of origin marking of Taiwan, which on information and belief are infringing GKIO7 GPUs. On information and belief, the GK107 is representative of NVIDI/\’s infringement of the ’385,’776, and ’734 patents. (See Sections

VI.A.1, VI.C.1, and Vl.D.1, and Exhibits 25, 27-28.)

167. Exhibit 35 also includes a series of photographs of an NVIDIA SHIELD tablet, purchased on or around November 5, 2014. The photographs show that the tablet bears a

49 country of origin marking of China. The photographs also show that the tablet incorporates an

NVIDIA chip product bearing a country of origin marking of Taiwan, which on information and belief is an infringing Tegra Kl SoC. On infonnation and belief, the Tegra K] is representative of NVlDlA‘s infringement of the ’385, ’349, ’776, and ’734 patents. (See Sections VI./\.1,

VI.B.l, VI,C.1, and VI.D.1, and Exhibits 25-28.)

B. Biostar

168. On or around November 11, 2014, a Samsung representative purchased an imported

Biostar product from an online retailer in the United States. Exhibit 36 contains a copy of a receipt for the purchase of that product, a Biostar GeForce GT 220 graphics card, which contains an infringing GT2l6 GPU. On information and belief, this product is representative of Biostar’s infringement of the ’385 and ’734 patents. (See Sections VI.A.2 and VI.D.2, and Exhibits 25 and

28.) Exhibit 36 also shows that the Biostar GeForce GT 220 graphics card was shipped to the purchaser from a location in the United States.

169. Exhibit 37 is a series of photographs of the Biostar GcForce GT 220 graphics card purchased on or about November 11, 2014. The photographs show that the card’s printed circuit board bears a country of origin marking of China. The photographs also show that the card incorporates an NVIDIA chip product bearing a country of origin marking of Taiwan, which on information and belief is an infringing GT2l6 GPU.

170. On information and belief, Biostar also imports and sells after importation graphics cards that incorporate GKlO4, GKIO6, GKIO7, GK208, and GM107 GPUs, (see Exhibit 14), which are representative of Biostar’s infringement of the ’385, ’776, and ’734 patents. (See

Sections VI.A.2, VI.C.2, and VI.D.2, and Exhibits 25, 27-28.)

50 C. ECS

171. On or around November 5, 2014, a Samsung representative purchased an imported

ECS product from an online retailer in the United States. Exhibit 38 contains a copy of a receipt for the purchase of that product, an ECS GeForce GT 640 graphics card, which contains an infringing GK107 GPU. On information and belief, this product is representative of ECS’ infringement of the ’385, ’776, and ’734 patents. (See Sections VI.A.3, VI.C.3, and VI.D.3, and

Exhibits 25, 27-28.) Exhibit 38 also shows that the ECS GeForee GT 640 graphics card was shipped to the purchaser from a location in the United States.

172. Exhibit 39 is a series of photographs of the ECS GeForce GT 640 graphics card graphics card purchased on or about November 5, 2014. The photographs show that the card’s printed circuit board bears a country of origin marking of China. The photographs also show that the card incorporates an NVIDIA chip product bearing a country of origin marking of

Taiwan, which on information and belief is an infringing GKIO7 GPU.

D. EVGA

173. On or around November 5, 2014, a Samsung representative purchased imported

EVGA products from an online retailer in the United States. Exhibit 40 contains a copy of a receipt for the purchase of those products, an EVGA GeForee GT 640 graphics card, which contains an infringing GK107 GPU; an EVGA GeForce 210 graphics card, which contains an infringing GT218 GPU; and an EVGA Tegra NOTE 7 tablet computer, which contains an infringing Tegra 4 T40S SOC. On information and belief, these products are representative of

EVGA’s infringement of the Asserted Patents. (See Sections VI.A.4, V1.B.2, V1.C.4, and

VI.D.4, and Exhibits 25-28.) Exhibit 40 also shows that the EVGA GeF0rce GT 640 graphics card, EVGA GeForce 210 graphics card, and EVGA Tegra NOTE 7 tablet computer were shipped to the purchaser from a location in the United States.

51 174. Exhibit 41 includes a series of photographs of the EVGA GeForce GT 640 graphics card purchased on or about November 5, 2014. The photographs show that the card’s printed circuit board bears a country of origin marking of China. The photographs also show that the card incorporates an NVIDIA chip product bearing a country of origin marking of Taiwan, which on information and belief is an infringing GK107 GPU. On information and belief, the

GKIO7 is representative of EVGA’s infringement of the ’385, ’776 and ’734 patents. (See

Sections VI./\.4, Vl.C.4, and VI.D.4, and Exhibits 25, 27-28.)

175. Exhibit 41 also includes a series of photographs of the EVGA GeForee 210 graphics card purchased on or about November 5, 2014. The photographs show that the eard’s printed circuit board bears a country of origin marking of China. The photographs also show that the card incorporates an NVIDIA chip product bearing a country of origin marking of

Taiwan, which on information and belief is an infringing GT218 GPU. On information and belief, the GT2l8 is representative of EVGA’s infringement of the ’385 and ’734 patents. (See

Sections VI.A.4 and VI.D.4, and Exhibits 25 and 28.) .

176. Exhibit 41 also includes a series of photographs of the EVGA Tegra Note 7 purchased on or about November 5, 2014. The photographs show that the tablet bears a country of origin marking of China. The photographs also show that the tablet incorporates an NVIDIA chip product bearing a country of origin marking of Taiwan, which on information and belief is an infringing Tegra 4 T40S SoC. On information and belief, the EVGA Tcgra Note 7 is representative of EVGA’s infringement of the ’385,’349, "776, and ’734 patents. (See Sections

V1./\.4, VI.B.2, VI.C.4, and V1.D.4, and Exhibits 25-28.)

E. Fuhu

177. On or around November 5, 2014, a Samsung representative purchased an imported

Fuhu product from an online retailer in the United States. Exhibit 42 contains a copy of a receipt

52 for the purchase of that product, a Nabi .Jr.tablet computer, which contains an infringing Tegra 3

T30 SoC. On or around November 17, 2014, a Samsung representative purchased a second imported Fuhu product from a retail store in the United States. Exhibit 42 also contains a copy of a receipt for the purchase of that product, a Nabi DreamTab HD8, which contains an infringing Tegra 4 T40S SoC. On information and belief, these products are representative of l~‘uhu’sinfringement of the Asserted Patents. (See Sections VI.A.5, VI.B.3, VI.C.5, and Vl.D.5, and Exhibits 25-28.) Exhibit 42 also shows that the Nabi Jr. tablet computer was shipped to the purchaser from a location in the United States, and that the Nabi DreamTab HD8 was purchased from a location in the United States.

178. Exhibit 43 includes a scrics of photographs of the Nabi Jr. tablet computer purchased on or about November 5, 2014. The photographs show that the tablet’s printed circuit board bears a country of origin marking of China. The photographs also show that the card incorporates an NVIDIA chip product bearing a country of origin marking of “Korea,” which on information and belief is an infringing Tegra 3 T30 SoC. On information and belief, this product is representative of Fuhu‘s infringement of the ’385, ’349, and ’734 patents. (See Sections

VI.A.5. VI.B.3, and Vl.D.5, and Exhibits 25, 26, and 28.)

179. Exhibit 43 also includes a series of photographs of the Nabi DreamTab HD8 tablet computer purchased on or about November 17, 2014. The photographs show that the tablet‘s printed circuit board bears a country of origin marking of China. The photographs also show that the card incorporates a chip product, which on information and belief is an infringing Tegra

4 T4()S SoC. (See Exhibit 17, at 4 (Fuhu’s Nabi DreamTab “Tech Specs” webpage, listing

DreamTab processor as “NVIDIA® Tegra® 4 T40S”).) On information and belief, the Nabi

53 DreamTab HD8 tablet computer is representative of Fuhu’s infringement of thc ’385, ’349, ’776, and ’734 patents. (See Sections VI.A.5, VI.B.3, VI.C.5, and VI.D.5, and Exhibits 25-28.) F. Jaton

180. On or around November S, 2014, a Samsung representative purchased an imported

Jaton product from an online retailer in the United States. Exhibit 44 contains a copy of a receipt for the purchase of that product, a Jaton GeForce 210 graphics card, which contains an infringing

GT218 GPU. On information and belief, this product is representative of Jaton’s infringement of the ’385 and ’734 patents. (See Sections VI.A.6 and VI.D.6, and Exhibits 25 and 28.) Exhibit

44 also shows that the Jaton Geliorce 210 graphics card was shipped to the purchaser from a location in the United States.

181. Exhibit 45 is a series of photographs of the Jaton GeForce 210 graphics card purchased on or about November 5, 2014. The photographs also show that the card incorporates an NVIDIA chip product bearing a country of origin marking of Taiwan, which on information and beliefis an infringing GT2l8 GPU.

G. Mad Catz

182. On or around November 10, 2014, a Samsung representative purchased an imported

Mad Catz product from an online retailer in the United States. Exhibit 46 contains a copy of a rcccipt for the purchase of that product, the M.O.J.O. Micro-Console, which contains an infringing Tegra 4 T405 SoC. On information and belief the M.O.J.O. Micro-Console is representative of Mad Catz’s infringement of the ’385, ’349, ’776, and ’734 patents. (See

Sections Vl.A.7, VI.B.4, VI.C.6, and VI.D.7, and Exhibits 25-28.) Exhibit 46 also shows that the Mad Catz l\/[.O.J.O. Micro-Console was shipped to the purchaser from a location in the

United States.

54 183. Exhibit 47 is a series of photographs of the Mad Catz M.O.J.O. Micro-Console purchased on or about November 10, 2014. The photographs show that the gaming console bears a country of origin marking of China. The photographs also show that the gaming console incorporates an NVIDIA chip product bearing a country of origin marking of “Korea,” which on information and beliefis an infringing Tegra 4 T4OSSoC.

H. OUYA

184. On or around November 11, 2014, a Samsung representative purchased an imported

OUYA product from an online retailer in the United States. Exhibit 48 contains a copy of a receipt for the purchase of that product, an OUYA Console, which contains an infringing Tegra 3

T33 SoC. On information and belief, this product is representative of OUYA’s infringement of the ’385, ’349, and ’734 patents. (See Sections Vl.A.8. Vl.B.5, and VI.D.8, and Exhibits 25, 26, and 28.) Exhibit 48 also shows that the OUYA Console was shipped to the purchaser from a location in the United States.

185. Exhibit 49 is a series of photographs of the OUYA Console purchased on or about

November 11, 2014. The photographs show that the gaming console bears a country of origin marking of China. The photographs also show that the gaming console incorporates an NVIDIA chip product bearing a country of origin marking of Taiwan, which on information and belief is an infringing Tegra 3 T33 SoC.

I. Sparkle

186. On or around November 5, 2014, a Samsung representative purchased an imported

Sparkle product from an online retailer in the United States. Exhibit 50 contains a copy of a receipt for the purchase Sparkle Gel-Torce210 graphics card, which contains an infringing

NVIDIA GT2l8 GPU. On information and belief, this product is representative of Sparkle’s infringement of the ’385 and ’734 patents. (See Sections VI.A.9 and VI.D.9, and Exhibits 25 and

55 28.) Exhibit 50 also shows that the Sparkle GeForce 210 graphics card was shipped to the purchaser from a location in the United States.

187. Exhibit 51 is a series of photographs of the Sparkle GeForce 210 graphics card purchased on or about November 5, 2014. The photograph also shows that the card incorporates an NVIDIA chip product bearing a country of origin marking of Taiwan, which on information and belief is an infringing GT2l8 GPU.

188. On information and belief, Sparkle also imports and sells after importation graphics cards that incorporate GK104, GKIO6, GKIO7, GK208, and GMIO7 GPUS, (see Exhibit 21), which are representative of Sparkle’s infringement of the ’385, ’776, and ’734 patents. (See

Sections VI.A.9, Vl.C.7, and VI.D.9, and Exhibits 25, 27-28.)

J. Toradex

189. On information and belief, Toradex imports or sells after importation into the

Unites States products that infringe the ’385, ’734, and ’349 patents. Exhibit 52 includes portions of Toradex’s website showing that it sells directly from its website the representative Colibri T30 processor module, which incorporates the infringing NVIDIA Tegra 3 T30 SoC. Exhibit 52 shows that the Tegra 3 T30 SoC bears a country of origin marking of Taiwan. Exhibit 52 further states that customers who order products from the Toradcx website will get “product support and delivery directly from Seattle, WA.” (See Exhibit 52.) On information and belief, this product is representative of Toradex’s infringement of the ’385, ’349, and ’734 patents. (See Sections

VI.A.l(), Vl.B.6, and VI.D.l0, and Exhibits 25, 26, and 28.)

K. Wikipad

190. On or around November ll, 2014, a Samsung representative purchased an imported

Wikipad product from an online retailer in the United States. Exhibit 53 contains a copy of a receipt for the purchase of that product, Wikipad 7 tablet computer, which contains an infringing

56 Tegra 3 T30 SOC. On information and belief this product is representative of Wikipad’s infringement of the ’385, ’349, and ’734 patents. (See Sections VI.A.11, Vl.B.7, and Vl.D.1 1, and Exhibits 25, 26, and 28.) Exhibit 53 also shows that the Wikipad 7 tablet computer was shipped to the purchaser from a location in the United States.

191. Exhibit 54 is a series of photographs of the Wikipad 7 tablet computer purchased on or about November ll, 2014. Thc photographs show that the tablet bears a country of origin marking of China. The photographs also show that the tablet incorporates an NVIDIA chip product bearing a country of origin marking of “Korea,” which on information and belief is an infringing Tegra 3 T30 SoC.

L. ZOTAC

192. On or around November ll, 2014 and November 13, 201, a Samsung representative purchased imported ZOTAC products from an online retailer in the United States. Exhibit 55 contains a copy of a receipt for the purchase of those products, a ZOTAC GeForce GT 740 graphics card, which contains an infringing GK107 GPU, and a ZOTAC GeForce 210 graphics card, which contains an infringing GT218 GPU. On information and belief, these products are representative of ZOTAC’s infringement of the ’385, ’776, and ’734 patents. (See Sections

VI./\.l2, VI.C.8, VI.D.12, and Exhibits 25, 27-28.) Exhibit 55 also shows that the ZOTAC

GeForce GT 640 graphics card and ZOTAC GeForce 210 graphics card were shipped to the purchaser from a location in the United States.

193. Exhibit 56 includes a series of photographs of the ZOTAC GeForce GT 740 graphics card purchased on or about November 13, 2014. The photographs show that the card’s printed circuit board bears a country of origin marking of China. The photographs also show that the card incorporates an NVlDlA chip product bearing a country of origin marking of

Taiwan, which on information and belief is an infringing GKl07 GPU. On information and

57 belief. the GKIO7 is representative of ZOTAC’s infringement of the ’385, ’776, and ’734 patents. (See Sections VI.A.12, VI.C.8, VI.D.12, and Exhibits 25, 27-28.)

194. Exhibit 56 has a series of photographs of the ZOTAC GeForce 210 graphics card purchased on or about November 11, 2014. The photographs show that the card’s printed circuit board bears a country of origin marking of China. The photographs also show that the card incorporates an NVIDIA chip product bearing a country of origin marking of Taiwan, which on information and belief is an infringing GT218 GPU. On information and belief, the GT218 is representative of ZOTAC’s infringement of the ’385 and ’734 patents. (See Sections VI.A.12 and VI.D.l2, and Exhibits 25, 28.)

VIII. HARMONIZED TARIFF SCHEDULE ITEM NUMBERS

195. On information and belief, the Accused Products fall within at least the classiﬁcation of the Harmonized Tariff Schedule (“HTS”) of the United States attached at

Exhibit 29. The identiﬁed HTS numbers are intended to be for illustration only, and are not exhaustive of the products accused of infringement in this Complaint. The HTS numbers are not intended to limit the scope of the Investigation.

IX. RELATED LITIGATION

196. SEC is a Respondent in a Commission Investigation instituted on October 6, 2014, in which NVIDIA is the Complainant. Sec Certain Consumer Electronics and Display Devices with Graphics Processing and Graphics Processing Units Therein, Inv. No. 337-TA-932. There is a related U.S. District Court litigation in the U.S. District Court for the District of Delaware that NVIDIA ﬁled against SEC on September 4, 2014, which was stayed on October 23, 2014.

See NVIDIA Corp. v. Samsung Elecs. C0., No. 1:14-cv-01127-LPS-CJB (D. Del.). There is also a related U.S, District Court litigation in the U.S. District Court for the Eastern District of

58 Virginia that SEC ﬁled on November 4, 2014 against NVIDIA, who has not yet answered. See

Samsung Elecs. C0. v. NVIDIA Corp, No. 3:14-cv-00757-REP (E.D. Va.).

197. The ’385 patent was asserted against Ericsson, Inc. and Telefonaktiebolaget LM

Ericsson in the U.S. District Court for the Eastern District of Texas, and that case was dismissed without prejudice prior to any claim construction hearing pursuant to a conﬁdential settlement.

See Ericsson Inc. v. Samsung Elecs. C0., No. 12-cv-895-LED, Dkt. No. 61 (E.D. Tex. Jan. 29,

2014).

198. Nonc of the Asserted Patents have been the subject of any other foreign or domestic court or agency litigation.

X. TI-IEDOMESTIC INDUSTRY

199. There is a domestic industry, as defined under 19 U.S.C. § l33'7(a)(3)(A) and (B), comprising significant investments in plant and equipment and significant employment of labor and capital in the United States in products that practice the Asserted Patents or, in the alternative, such a domestic industry is in the process of being established.

A. Investments in the United States in Products that Practice the Asserted Patents

200. Samsung makes extensive use of the inventions claimed in the Asserted Patents in numerous products manufactured in its Austin semiconductor fabrication facility (“fab”).

Samsung opened its SAS fab in 1996 in Austin, Texas. (Ex. 58, Conﬁdential Nicoson Decl. 113.)

At the time it was opened, SAS’s original fab, FABI, was the largest semiconductor fabrication facility in the United States. (1a'.) In June 2007, Samsung announced the opening of its second fab, FAB2 or “Main Fab,” which is an approximately 1.6 million square foot building. (Id.)

SAS’s Main Fab is as large as nine football ﬁelds and is one of the largest buildings in Austin.

(Id.) The 2.5 million square feet of total space make SAS one of the largest single

59 semiconductor facilities in the United Statcs. (Id.) When Samsung opened SAS, it hired 900 employees. Today, Samsung has approximately 2500 employees working at SAS. (1d.) In the nearly 20 ycars sincc Samsung opened FABI in Austin, Samsung has invested over $15 billion in the facility, making it one of the largest foreign investments ever in the United States economy. (Id.)

201. Samsung has made and continues to make signiﬁcant investments in plant and equipment in the United States in the manufacture of products that practice the Asserted Patents.

(Id. iii]6-15.) For example, Samsung manufactures its Exynos S5E543O and SSES433 SoCs at its Austin facility (id. ii 4) both of which practice the ’385, ’349, ’776 and ’734 patents.

Samsung also manufactures the S5E3470, a 28nm SoC, at its Austin facility. (1d.) The S5E347O also practices the ’349 and "776 patents. Samsung also manufactures the Exynos S5E44l2, a

32nm SoC, at its Austin facility. (1d.) The S5E44l2 practices the ‘385, ’349, and ’734 patents.

Samsung also manufactured the Exynos S5PC2l0, a 45nm SoC, at its Austin facility. (Id.) The

S5PC2lO practices the ’349 and ’776 patents. Samsung’s investments in plant and equipment are set forth in the Declaration of Burton Nicoson, Conﬁdential Exhibit 58.

202. Samsung has also invested signiﬁcantly in the employment of labor and capital in the United States in the above products that practice the Asserted Patents. Samsung has over

2300 employees currently in its Austin fab. These employees are involved in the manufacture of of Samsung’s products that practice the Asserted Patents. Samsung has also made signiﬁcant capital investments in its Austin fab relating to those products that practice the Asserted Patents.

Samsung’s signiﬁcant employment of labor and capital is set forth in the Declaration of Burton

Nicoson, Conﬁdential Exhibit 58.

60 B. Samsung’s Practice of the Asserted Patents

203. As noted above, Samsung makes extensive use of the Asscrted Patents in numerous different products. Speciﬁc examples of use are described in the above section and charted in associated exhibits identiﬁed below.

204. At least the Samsung Exynos 5430 baseband processor, Exynos 5433, and Exynos

4412 practice claims l-4, 6, 19-21 of the ’385 patent. An exemplary claim chart comparing the

Samsung Exynos 5430 baseband processor to representative claim 1 of the ’385 patent is attached as Conﬁdential Exhibit 30.

205. At least the Samsung Exynos 5430 baseband processor and Exynos 5433 practice claims 1, 2, 4, 19, 20, and 22 of the ’776 patent. An exemplary claim chart comparing the

Samsung Exynos 5430 baseband processor to representative claim 1 of the ’776 patent is attached as Conﬁdential Exhibit 31.

206. At least the Samsung Exynos 5250, Exynos 5430, Exynos 4412, S5PC2l0, and

SE53470 practice claims 1-3, 7-9, 12-15, 17, and 19 of the ’734 patent. An exemplary claim chart comparing the Samsung Exynos 4412 baseband processor to a representative claim of the

’734 patent is attached as Conﬁdential Exhibit 32.

207. At least the Samsung Exynos 4412 and S5PC201 practice claim 10 of the ’349 patent. An exemplary claim chart comparing the Samsung Exynos 4412 baseband processor to representative claim 10 of the ’349 patent is attached as Conﬁdential Exhibit 33.

XI. RELIEF REQUESTED

208. WIIEREFORE, by reason of the foregoing, Complainants respectfully request 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. § l337(a)(l)(B)(i) and (ii), with respect to violations of Section

61 337 based upon the importation, sale for importation, and sale after importation, into the United

States of Respondents’ certain GPUs, SoCs, and products containing the same that infringe one or more asserted claims ofthe ’385, ’349, ’776, or ’734 patents;

b) Schedule and conduct a hearing pursuant to 19 U.S.C. § 1337 for the purposes of

(i) receiving evidence and hearing argument concerning whether there has been a violation of 19

U.S.C. § 1337, and (ii) following the hearing, determining that there has been a violation of l9

U.S.C. § 1337;

e) lssue a permanent exclusion order, pursuant to l9 U.S.C. § 1337(d)(l), barring from entry into the United States all certain GPUs, SoCs, and products containing the same made by or on behalf of Respondents, which infringe one or more asserted claims of the ’385, ’349,

’776, or ’734 patents;

d) Issue a permanent cease-and-desist order, pursuant to 19 U.S.C. § l337(t), prohibiting Respondents, and others acting on their behalf, from importing, marketing, advenising, demonstrating, warehousing inventory for distribution, distributing, offering for sale, selling, licensing, using, or transferring outside the United States for sale in the United States any

GPUs, SoCs, and products containing the same that infringe one or more asserted claims of the

’385, ’349, ’776, or ’734 patents;

e) Impose a bond, pursuant to 19 U.S.C. § 1337(j), upon importation of any wireless communications devices, articles therein, and components thereof, which infringe one or more asserted claims of the ’385, ’349, ’776, or ’734 patents during any Presidential Review; and

t) Grant such other and further relief as the Commission deems just and proper based on the facts determined by the investigation and the authority of the Commission.

62 Dated: November 21, 2014 Res ct" mittecT,

_’ rcgory S. Arovas, KC. James Marina KIRKLAND & ELLIS LLP 601 Lexington Avenue New York, New York 10022 Telephone: (212) 446-4800 Facsimile: (212) 446-4900 Email: [email protected] Email: [email protected]

Edward C. Donovan D. Sean Trainor KIRKLAND & ELLIS LLP 655 Fifteenth Street, N.W. Washington, D.C. 20005-5793 Telephone: (202) 879-5000 Facsimile: (202) 879-5200 Email: [email protected] Email: [email protected]

Bao Nguyen KIRKLAND & ELLIS LLP 555 California Street San Francisco, Califomia 94104 Telephone: (415) 439-1400 Facsimile: (415)439-1500 Email: [email protected]

Counselfor Complainants Samsung Electronics Ca, Ltd. and Samsung Austin Semiconductor. LLC