Case 2:21-cv-04969 Document 1 Filed 06/17/21 Page 1 of 79 Page ID #:1 1 QUINN EMANUEL URQUHART & SULLIVAN, LLP Kevin P.B. Johnson (Bar No. 177129) [email protected] 555 Twin Dolphin Drive, 5th Floor Redwood Shores, California 94065 Telephone: (650) 801-5000 Facsimile: (650) 801-5100 Sean S. Pak (Bar No. 219032) [email protected] 50 California Street, 22nd Floor San Francisco, CA 94111 Telephone: (415) 875-6600 Facsimile: (415) 875-6700 Attorneys for Plaintiffs MediaTek Inc. and MediaTek USA Inc. UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA MEDIATEK INC. and CASE NO. MEDIATEK USA INC., COMPLAINT FOR PATENT INFRINGEMENT Plaintiffs, JURY TRIAL DEMANDED v. NXP SEMICONDUCTORS N.V., NXP USA, INC., AVNET, INC., ARROW ELECTRONICS, INC., DENSO TEN LIMITED, DENSO TEN AMERICA LIMITED, ROBERT BOSCH GMBH, ROBERT BOSCH LLC, CONTINENTAL AG, and CONTINENTAL AUTOMOTIVE GMBH, Defendants. COMPLAINT Case 2:21-cv-04969 Document 1 Filed 06/17/21 Page 2 of 79 Page ID #:2 1 Plaintiffs MediaTek Inc. and MediaTek USA Inc. (“MediaTek” or 2 “Plaintiffs”), by and through their undersigned counsel, complain and allege against 3 NXP Semiconductors N.V. and NXP USA, Inc. (collectively, “NXP”), Avnet, Inc. 4 (“Avnet”), Arrow Electronics, Inc. (“Arrow”), Denso Ten Limited and Denso Ten 5 America Limited (collectively, “Denso”), Robert Bosch GmbH and Robert Bosch 6 LLC (collectively, “Bosch”), and Continental AG and Continental Automotive 7 GmbH (collectively, “Continental”) (collectively, “Defendants”) as follows: 8 NATURE OF THE ACTION 9 1. This is a civil action for infringement of U.S. Patent No. 6,738,845 (the 10 “’845 patent”), U.S. Patent No. 6,823,451 (the “’451 patent”), U.S. Patent 11 No. 8,464,037 (the “’037 patent”), U.S. Patent No. 9,265,056, (the “’056 patent”), 12 U.S. Patent No. 9,538,531 (the “’531 patent”), and U.S. Patent No. 10,211,948 (the 13 “’948 patent”) (collectively, “the Asserted Patents”) arising under the patent laws of 14 the United States, 35 U.S.C. §§ 1 et seq. 15 THE PARTIES 16 2. MediaTek Inc. is a corporation incorporated in 1997 under the laws of 17 Taiwan (Republic of China) and publicly traded on the Taiwan Stock Exchange 18 (TSEC) since 2001, with its principal place of business located at No. 1, Dusing 19 Road 1, Hsinchu Science Park, Hsinchu City 30078, Taiwan. MediaTek Inc. was 20 founded on May 28, 1997 and has been headquartered since its founding in the 21 Hsinchu Science Park, located in Hsinchu, Taiwan. 22 3. MediaTek USA Inc. is a corporation organized and existing under the 23 laws of the State of Delaware with its principal place of business located at 2840 24 Junction Avenue, San Jose, California, 95134 and other locations in Texas, New 25 Jersey, Washington, California, and Massachusetts. MediaTek USA Inc. was 26 established in 1997 and is a wholly-owned subsidiary of MediaTek Inc. 27 4. For more than 20 years, MediaTek has been in the business of 28 researching, designing, developing, and selling innovative semiconductor and . -2- COMPLAINT Case 2:21-cv-04969 Document 1 Filed 06/17/21 Page 3 of 79 Page ID #:3 1 cellular technologies and products for the telecommunications and mobile industries, 2 as well as entertainment industries involving HDTV, DVD and Blu-ray products. 3 5. Today, MediaTek is one of the world’s leading fabless semiconductor 4 companies and a market leader in developing cutting-edge systems-on-chip (SoC) 5 technology for a wide range of applications, such as highly power-efficient mobile 6 technologies, automotive solutions, and a broad range of advanced multimedia 7 products such as smartphones, tablets, digital televisions, 5G, Voice Assistant 8 Devices (VAD), wearables, connectivity products, and IoT products. Its SoC 9 technologies enable more than 2 billion consumer electronic products a year. 10 6. Since its founding, MediaTek has invested billions of dollars in research 11 and development related to cutting-edge technologies. In 2016, MediaTek 12 committed to allocate $6.7 billion in research and development spending over the 13 next five years. In 2018, MediaTek increased the number by up to $3.3 billion to 14 secure growth opportunities in artificial intelligence computing and the fifth 15 generation, or 5G, wireless communication era.1 In 2020, MediaTek spent about 16 $2.7 billion in research and development related activities. MediaTek recently 17 committed to invest around $3 billion in research and development in various fields 18 in 2021. This annual research and development budget sets a new record for the 19 company.2 Because of this ongoing investment, MediaTek continues to drive the 20 development and commercialization of successive generations of various 21 technologies. 22 7. MediaTek’s innovations have resulted in numerous industry accolades. 23 24 25 1 See https://asia.nikkei.com/Business/Companies/MediaTek-boosts-R-D- 26 spend-by-up-to-3.3bn-to-secure-growth. 2 27 See https://www.gizmochina.com/2021/01/28/mediatek-3-billion-research- 2021/ 28 . -3- COMPLAINT Case 2:21-cv-04969 Document 1 Filed 06/17/21 Page 4 of 79 Page ID #:4 1 8. For example, in 2019, MediaTek was selected as the winner of the “IoT 2 Semiconductor Company of the Year,” as awarded by IoT Breakthrough. 3 9. MediaTek received the Editor’s Choice award as the “Best Gaming 4 Phone Chipset Maker of 2020” at the 7th Mobility Conclave and Excellence Awards 5 Night of 2021. 6 10. In 2019, the MediaTek 5G SoC—the world’s first 7nm mobile chipset 7 with a fully integrated 5G modem—was honored as the “Best Mobile Chipset” by 8 GadgetMatch at Computex. 9 11. MediaTek’s Helio P90 SoC won first place in the Artificial Intelligence 10 Chipset category for Embedded Vision’s Product of the Year Awards in 2019. 11 12. In 2021, MediaTek’s Dimensity 1000 was honored as the “Digital 12 Semiconductor Product of the Year” at the 2020 Elektra Awards. 13 13. On information and belief, NXP Semiconductors N.V. is a public 14 corporation organized and existing under the laws of the Netherlands, and maintains 15 its principal place of business at High Tech Campus 60, 5656 AG Eindhoven, 16 Netherlands. 17 14. On information and belief, NXP USA, Inc. is a corporation organized 18 and existing under the laws of the State of Delaware, and maintains its principal 19 place of business at 6501 W. William Cannon Dr., Austin, TX 78735. On 20 information and belief, NXP USA, Inc. is a wholly-owned subsidiary of NXP 21 Semiconductors N.V. 22 15. On information and belief, Avnet is a public corporation organized and 23 existing under the laws of the State of New York, and maintains its principal place of 24 business at 2211 South 47th Street, Phoenix, AZ 85034. 25 16. On information and belief, Arrow is a public corporation organized and 26 existing under the laws of the State of New York, and maintains its principal place of 27 business at 9201 East Dry Creek Road, Centennial, CO 80112. 28 . -4- COMPLAINT Case 2:21-cv-04969 Document 1 Filed 06/17/21 Page 5 of 79 Page ID #:5 1 17. On information and belief, Robert Bosch GmbH is a company organized 2 and existing under the laws of Germany, and maintains its principal place of business 3 at Robert-Bosch-Platz 1, 70839 Gerlingen-Schillerhöhe, Germany. 4 18. On information and belief, Robert Bosch LLC is a company organized 5 and existing under the laws of the State of Delaware, and maintains its principal 6 place of business at 38000 Hills Tech Drive, Farmington Hills, MI 48331. On 7 information and belief, Robert Bosch LLC is a wholly owned subsidiary of Robert 8 Bosch GmbH. 9 19. On information and belief, Denso Ten Limited is a company organized 10 and existing under the laws of Japan, and maintains its principal place of business at 11 2-28, Gosho-dori 1-chome, Hyogo-ku, Kobe, Kyogo, Japan 652-8510. 12 20. On information and belief, Denso Ten America Limited is a company 13 organized and existing under the laws of the State of California, and maintains its 14 principal place of business at 30155 Hudson Drive, Novi, MI 48377. On information 15 and belief, Denso Ten America Limited is a wholly-owned subsidiary of Denso Ten 16 Limited. 17 21. On information and belief, Continental AG is a company organized and 18 existing under the laws of Germany, and maintains its principal place of business at 19 Vahrenwalder Strasse 9, 30165 Hanover, Germany. 20 22. On information and belief, Continental Automotive GmbH is a company 21 organized and existing under the laws of Germany, and maintains its principal place 22 of business at Vahrenwalder Strasse 9, 30165 Hanover, Germany. On information 23 and belief, Continental Automotive GmbH is a wholly-owned subsidiary of 24 Continental AG. 25 JURISDICTION AND VENUE 26 23. This Court has jurisdiction over the subject matter of this action under 27 28 U.S.C. §§ 1331 and 1338(a). 28 . -5- COMPLAINT Case 2:21-cv-04969 Document 1 Filed 06/17/21 Page 6 of 79 Page ID #:6 1 NXP 2 24. Venue in this District is proper under 28 U.S.C. § 1391 and 28 U.S.C. § 3 1400(b) with respect to NXP. On information and belief, NXP Semiconductor N.V. 4 and NXP USA, Inc. have committed acts of infringement in this District, directly 5 and/or through intermediaries, by, among other things, making, using, offering to 6 sell, selling, and/or importing products and/or services that infringe the Asserted 7 Patents, as alleged herein.