round rock research v. acer et. al

7/30/2019 Round Rock Research v. Acer et. al.

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IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF DELAWARE

ROUND ROCK RESEARCH, LLC,

Plaintiff,

v.

ACER, INC., ACER AMERICA

CORP., ACER AMERICA

HOLDINGS, INC., and GATEWAY,

INC.,

Defendants.

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Civil Action No. _______________

JURY TRIAL DEMANDED

COMPLAINT

Plaintiff Round Rock Research, LLC (Round Rock Research), for its Complaint

against defendants Acer Inc., Acer America Corporation (Acer America), Acer American

Holdings, Inc. (Acer American Holdings), and Gateway, Inc. (Gateway) (collectively,

Acer or Defendants) hereby alleges as follows:

THE PARTIES

1. Plaintiff Round Rock Research is a Delaware limited liability company with itsprincipal place of business at Jersey City, New Jersey 07302.

2. Defendant Acer Inc. is a company organized and existing under the laws ofTaiwan, Republic of China with its principal place of business at 8F, 88, Sec. 1, Hsin Tai Wu

Rd., Hsichih, Taipei, Hsien 221, Taiwan, R.O.C.

3. Defendant Acer America is a wholly-owned subsidiary of Acer Inc. and aCalifornia corporation with its principal place of business at 333 West San Carlos Street, Suite

1500, San Jose, California. Acer America has appointed CT Corporation System located at 818

West Seventh Street, Los Angeles, California as its agent for service of process.


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4. Defendant Acer American Holdings is a wholly-owned subsidiary of Gatewayand a Delaware corporation with its principal place of business at 7565 Irvine Center Drive,

Irvine, California. Acer American Holdings has appointed CT Corporation System located at

1209 Orange Street, Wilmington, Delaware as its agent for service of process.

5. Defendant Gateway is a wholly-owned subsidiary of Acer America and aDelaware corporation with its principal place of business at 7565 Irvine Center Drive, Irvine,

California 92618. Gateway has appointed CT Corporation System located at 818 West Seventh

Street, Los Angeles, California as its agent for service of process.

NATURE OF THE ACTION

6. This is a civil action for the infringement of United States Patent Nos. 5,787,174(the 174 Patent) (attached as Exhibit A); 5,991,843 (the 843 Patent) (attached as Exhibit

B); 6,002,613 (the 613 Patent) (attached as Exhibit C); 6,845,053 (the 053 Patent)

(attached as Exhibit D); 7,138,823 (the 823 Patent) (attached as Exhibit E); 7,285,979 (the

979 Patent) (attached as Exhibit F); 7,336,531 (the 531 Patent) (attached as Exhibit G); and

7,389,369 (the 369 Patent) (attached as Exhibit H) (collectively, the Patents-in-Suit) under

the Patent Laws of the United States 35 U.S.C. 1 et seq.

JURISDICTION AND VENUE

7. This Court has jurisdiction over the subject matter of this action pursuant to 28U.S.C. 1331 and 1338(a) because this action arises under the patent laws of the United States,

including 35 U.S.C. 271 et seq.

8. This Court has personal jurisdiction over Defendants because, among otherthings, each Defendant has committed, aided, abetted, contributed to, and/or participated in the

commission of patent infringement in this judicial district and elsewhere that led to foreseeable

harm and injury to Round Rock Research. Moreover, Defendants Gateway and Acer American

Holdings are Delaware corporations who, having availed themselves of Delawares corporate

laws, are subject to personal jurisdiction in Delaware.


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9. This Court also has personal jurisdiction over Defendants because, among otherthings, Defendants have established minimum contacts within the forum such that the exercise of

jurisdiction over Defendants will not offend traditional notions of fair play and substantial

justice. Moreover, Defendants have placed products that practice the claimed inventions of the

Patents-in-Suit into the stream of commerce with the reasonable expectation and/or knowledge

that purchasers and users of such products were located within this judicial district. And

Defendants sold, advertised, marketed, and distributed in this judicial district products that

practice the claimed inventions of the Patents-in-Suit.

10. In addition, Defendants knowingly induced, and continue to knowingly induce,infringement within this District by making, using, offering for sale, and selling infringing

products, as well as contracting with others to use, market, sell, and offer to sell infringing

products, all with knowledge of the Patents-in-Suit and their claims; with knowledge that its

customers will use, market, sell, and offer to sell, the infringing products in the United States;

and with the knowledge contracting with others to market and sell infringing products in this

District and elsewhere in the United States; and with the knowledge and intent to encourage and

facilitate infringing sales and use of the products by others within this District and the United

States by creating and/or disseminating instructions and other materials for the products with like

mind and intent.

11. Moreover, Defendants knowingly contributed to others infringement, andcontinue to contribute to others infringement of the Patents-in-Suit by others in this District, by

selling or offering to sell components of infringing products in this District which components

constitute a material part of the inventions of the Patents-in-Suit; knowing of the Patents-in-Suit

and their claims; knowing those components to be especially made or especially adapted for use

to infringe the Patents-in-Suit; and knowing that those components are not staple articles or

commodities of commerce suitable for substantial non-infringing use.

12. Venue is proper in this judicial district as to each Defendant pursuant to 28 U.S.C. 1391 and 1400(b).


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THE PATENTS-IN-SUIT

13. On July 28, 1998, the 174 Patent, titled Remote Identification Of IntegratedCircuit, was duly and legally issued by the United States Patent and Trademark Office. Round

Rock Research is the assignee of all rights, title, and interest in the 174 Patent, and it possesses

all rights to sue and recover for any current or past infringement of the 174 Patent.

14. On November 23, 1999, the 843 Patent, titled Method And System ForConcurrent Computer Transaction Processing, was duly and legally issued by the United States

Patent and Trademark Office. Round Rock Research is the assignee of all rights, title, and

interest in the 843 Patent, and it possesses all rights to sue and recover for any current or past

infringement of the 843 Patent.

15. On December 14, 1999, the 613 Patent, titled Data Communication ForMemory, was duly and legally issued by the United States Patent and Trademark Office.

Round Rock Research is the assignee of all rights, title, and interest in the 613 Patent, and it

possesses all rights to sue and recover for any current or past infringement of the 613 Patent.

16. On January 18, 2005, the 053 Patent, titled Power Throughput Adjustment InFlash Memory, was duly and legally issued by the United States Patent and Trademark Office.

Round Rock Research is the assignee of all rights, title, and interest in the 053 Patent, and it

possesses all rights to sue and recover for any current or past infringement of the 053 Patent.

17. On November 21, 2006, the 823 Patent, titled Apparatus And Method ForIndependent Control Of On-Die Termination For Output Buffers Of A Memory Device, was

duly and legally issued by the United States Patent and Trademark Office. Round Rock

Research is the assignee of all rights, title, and interest in the 823 Patent, and it possesses all

rights to sue and recover for any current or past infringement of the 823 Patent.

18. On October 23, 2007, the 979 Patent, titled Apparatus And Method ForIndependent Control Of On-Die Termination For Output Buffers Of A Memory Device, was

duly and legally issued by the United States Patent and Trademark Office. Round Rock


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Research is the assignee of all rights, title, and interest in the 979 Patent, and it possesses all

rights to sue and recover for any current or past infringement of the 979 Patent.

19. On February 26, 2008, the 531 Patent, titled Multiple Level Cell MemoryDevice With Single Bit Per Cell, Re-Mappable Memory Block, was duly and legally issued by

the United States Patent and Trademark Office. Round Rock Research is the assignee of all

rights, title, and interest in the 531 Patent, and it possesses all rights to sue and recover for any

current or past infringement of the 531 Patent.

20. On June 17, 2008, the 369 Patent, titled Active Termination Control, was dulyand legally issued by the United States Patent and Trademark Office. Round Rock Research is

the assignee of all rights, title, and interest in the 369 Patent, and it possesses all rights to sue

and recover for any current or past infringement of the 369 Patent.

COUNT I

Infringement of U.S. Patent No. 5,787,174

21. Paragraphs 1-20 are incorporated by reference as if fully restated herein.22. Acer has infringed, and continues to infringe, the 174 Patent under 35 U.S.C.

271, either literally and/or under the doctrine of equivalents by making, using, offering for sale,

selling, and/or importing into the United States products that include Bluetooth and/or 802.11

wireless communication functionality (174 Infringing Products), including at least the

following products: Acer Iconia A series Tablets (including at least A100-07u08u, A100-

07u08w, A100-07u16u, A100-10S16u, A500-10S32u, and A500-10S16w).

23. Acer has also indirectly infringed, and continues to indirectly infringe, the 174Patent. Acer has had knowledge of the 174 Patent and its infringement since at least March 30,

2011 through a letter sent by Round Rock Research concerning that infringement. In addition,

Acer has had knowledge of the 174 Patent and its infringement thereof since the original

Complaint was filed in action no. 1:11-cv-00977-RGA on October 14, 2011. Acers customers

directly infringe the 174 Patent by making, using, selling, and/or offering for sale 174

Infringing Products in the United States.


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24. Acer actively, knowingly, and intentionally induced, and continues to actively,knowingly, and intentionally induce, infringement of the 174 Patent by making, using, offering

for sale, and selling 174 Infringing Products, as well as by contracting with others to use,

market, sell, and offer to sell 174 Infringing Products, all with knowledge of the 174 Patent and

its claims; with knowledge that its customers will use, market, sell, and offer to sell 174

Infringing Products; and with the knowledge and intent to encourage and facilitate infringing

sales and uses of 174 Infringing Products through the creation and dissemination of promotional

and marketing materials, instructional materials, product manuals, and technical materials related

to 174 Infringing Products.

25. Acer has also contributed to the infringement by others (e.g., Acers customersand the users of 174 Infringing Products), and continues to contribute to infringement by others,

by selling, offering to sell, or importing 174 Infringing Products in the United States, knowing

that those systems constitute a material part of the inventions of the 174 Patent, knowing those

systems to be especially made or adapted to infringe the 174 Patent, and knowing that those

systems are not staple articles or commodities of commerce suitable for substantial non-

infringing use.

26. Acer directly and/or indirectly has infringed, and continues to infringe at leastclaims 1, 2, 4, 6, and 15 of the 174 Patent.

27. Round Rock Research has been and continues to be damaged by Acersinfringement of the 174 Patent.

28. Acer has willfully infringed, and continues to willfully infringe, the 174 Patentdespite having received notice of its infringement from Round Rock Research.

COUNT II


29. Paragraphs 1-28 are incorporated by reference as if fully restated herein.


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30. Acer has infringed, and continues to infringe, the 843 Patent under 35 U.S.C. 271, either literally and/or under the doctrine of equivalents by making, using, offering for sale,

selling, and/or importing into the United States infringing computer systems that include

Universal Serial Bus (USB) 3.0 functionality, (843 Infringing Products), including at least the

following products: All in One Z3 models (including AZ3101-U4062 and AZ3171-UR30P),

Aspire M3 models (including AM3400-B4052, AM3400-U4132, AM3410-UR21P, and

AM3410-UR22P), Aspire One 522 models (including A0522-BZ465, ZO522-BZ824, and

AO522-BZ897), Aspire One 721 models (including AO721-3620), Aspire One 722 models

(including AO722-BZ197, AO722-BZ454, AO722-BZ480, AO722-BZ608, AO722-BZ699,

AO722-BZ816, AO722-BZ848, and AO722-0611), Aspire X1 models (including AX1420G-

U5832), Aspire X3 models (including AX3400-U4032), Aspire models (including S4250-

BZ637, AS5250-BZ641, AS5250-BZ853, AS5250-BZ873, AS5253-BZ480, AS5253-BZ656,

AS5253-BZ659, AS5253-BZ660, AS5253-BZ684, AS5253-BZ819, AS5253-BZ873, AS5253-

BZ893, AS5552-3452, AS5552-3691, AS5552-3857, AS5552-5898, AS5552-7474, AS5552-

7650, AS5552-7803, AS5552G-7632, AS5552G-7641M AS5560-SB609, AS5560-SB653,

AS5560-SB835, AS5560G-SB485, AS7551-7422, AS7551-7471, AS7551G-7606, AS7552G-

5430, and AS7552G-6436), Gateway NV models (including NV50A02u, NV53A82u,

NV53A88u, NV55S02u, NV55S04u, NV55S13u, NV55S15u, NV75S02u, and NV75S17u),

Gateway One ZX models (including ZX4351-UR20P), ICONIA Tab W models (including

W500-BZ467 and W500P-BZ841), Revo 100 models (including RL100-U1002), and Veriton X

models (including VX2110-UA260W, VX2110-BU260W, and VX2110-US150W).

31. Acer has also indirectly infringed, and continues to indirectly infringe, the 843Patent. Acer has had knowledge of the' 843 Patent and its infringement since at least July 15,

2011 through correspondence from Round Rock Research concerning that infringement. In

addition, Acer has had knowledge of the 843 Patent and its infringement thereof since the

original Complaint was filed in Civil Action No. 1:11-cv-00977-RGA on October 14, 2011.


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Acers customers directly infringe the 843 Patent by making, using, selling, and/or offering for

sale 843 Infringing Products in the United States.





Infringing Products; and with the knowledge and intent to encourage and facilitate those

infringing sales and uses of 843 Infringing Products through the creation and dissemination of

promotional and marketing materials, instructional materials, product manuals, and technical

materials related to 843 Infringing Products.



that those systems constitute a material part of the inventions of the 843 Patent, knowing those



infringing use.

34. Acer directly and/or indirectly has infringed, and continues to infringe, at leastclaims 1, 2, 17, and 18 of the 843 Patent.




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COUNT III



271, either literally and/or under the doctrine of equivalents, directly and/or indirectly, by

making, using, offering for sale, selling, and/or importing into the United States infringing

products containing DDR memory (e.g., mDDR, LPDDR, LPDDR2, DDR, DDR2, DDR3

DRAM), (collectively, 613 Infringing Products), including at least All in One Z3 models

(including AZ3101-U4062 and AZ3171-UR30P), Aspire M3 models (including AM3400-

B4052, AM3400-U4132, AM3410-UR21P, and AM3410-UR22P), Aspire One 522 models

(including AO522-BZ465, AO522-BZ824, and AO522-BZ897), Aspire One 721 models

(including AO721-3620), Aspire One 722 models (including AO722-BZ197, AO722-BZ454,

AO722-BZ480, AO722-BZ608, AO722-BZ699, AO722-BZ816, AO722-BZ848, and AO722-

0611), Aspire X1 models (including AX1420G-U5832), Aspire X3 models (including AX3400-

U4032), Aspire models (including S4250-BZ637, AS5250-BZ641, AS5250-BZ853, AS5250-


AS5253-BZ819, AS5253-BZ873, AS5253-BZ893, AS5552-3452, AS5552-3891, AS5552-3857,

AS5552-5898, AS5552-7474, AS5552-7650, AS5552-7803, AS5552G-7632, AS5552G-7641,

AS5560-SB609, AS5560-SB653, AS5560-SB835, AS5560G-SB485, AS7551-7422, AS7551-

7471, AS7551G-7606, AS7552G-5430, and AS7552G-6436), Gateway NV models (including

NV50A02u, NV53A82u, NV53A88u, NV55S02u, NV55S04u, NV55S13u, NV55S15u,

NV75S02u, and NV75S17u), Gateway ZX models (including ZX4351-UR20P), ICONIA Tab

W series models (including W500-BZ467 and W500P-BZ841), Revo 100 models (including

RL100-U1002), and Veriton X models (including VX2110-UA260W, VX2110-BU260W, and

VX2110-US150W).

39. Acer has also indirectly infringed, and continues to indirectly infringe, the 613Patent. Acer has had knowledge of the 613 Patent and its infringement since March 30, 2011


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through a letter sent by Round Rock Research concerning that infringement. In addition, Acer

has had knowledge of the 613 Patent and its infringement thereof since the original Complaint

was filed in Civil Action No. 1:11-cv-00977-RGA on October 14, 2011. Acers customers












by selling, offering to sell, or importing 613 Infringing Products containing DDR memory in the

United States, knowing those systems to constitute a material part of the inventions of the 613

Patent, knowing those systems to be especially made or adapted to infringe the 613 Patent, and

knowing that those systems are not staple articles or commodities of commerce suitable for

substantial non-infringing use.





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COUNT IV





products containing embedded multimediacard flash memory, (053 Infringing Products),

including at least ICONIA tablet computers (including ICONIA-6120, ICONIA Tab A models

(including A100-07u08u, A100-07u08w, A100-07u16u, A100-10S16u, A500-10S32u, and

A500-10S16w) and ICONIA Tab W models (including W500-BZ467 and W500P-BZ841)).

47. Acer has also indirectly infringed and continues to indirectly infringe the 053Patent. Acer has had knowledge of the 053 Patent and its infringement since December 5, 2011


has had knowledge of the 053 Patent and its infringement thereof since the Amended Complaint

was filed in Civil Action No. 1:11-cv-00977-RGA on December 6, 2011. Acers customers












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those systems to constitute a material part of the inventions of the 053 Patent, knowing those



infringing use.




COUNT V





products containing DDR3 memory, (823 Infringing Products), including at least the

following products: All in One Z3 models (including AZ3101-U4062, AZ3731-UR21P, and

AZ3171-UR30P), All in One Z5 models (including AZ5700-U4002 and AZ5761-UR20P),

Aspire M3 models (including AM3400-B4052, AM3400-U4132, AM3410-UR21P, AM3410-

UR22P, AM3900-U4002, AM3910-U4122, and AM3970-U5022), Aspire One 520 models

(including AO522-BZ465, AO522-BZ824, and AO522-BZ897), Aspire One 721 models

(including AO721-3620), Aspire One 722 models (including AO722-BZ197, AO722-BZ454,


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AO722-BZ480, AO722-BZ608, AO722-BZ699, AO722-BZ816, AO722-BZ848, and AO722-

0611), Aspire One D255 models (including AOD255E-1482, AOD255E-2659, AOD255E-

2677, AOD255E-12111, AOD255E-12281, AOD255E-13410, AOD255E-13429, AOD255E-




13865, and AOD255E-13877 and excluding AOD255E-2659 and AOD255E-2677), Aspire One

D257 models (including AOD257-1411, AOD257-1437, AOD257-1471, AOD257-1486,

AOD257-1648, AOD257-1802, AOD257-1806, AOD257-13404, AOD257-13450, AOD257-

13472, AOD257-13478, AOD257-13652, AOD257-13685, AOD257-13836, and AOD257-

13876), Aspire One D260 models (including AOD260-1270), Aspire One Happy 2 Models

(including AOHAPPY2-1499, AOHAPPY2-1612, AOHAPPY2-1828, AOHAPPY2-1872,

AOHAPPY2-13445, AOHAPPY2-13647, AOHAPPY2-13666, and AOHAPPY2-13875),

Aspire TimelineX models (including AS1830T-6478, AS3820T-6480, AS4820T-6447,

AS4820T-6645, AS4820TG-6847, and AS5820T-6401), Aspire X1 models (including

AX1420G-U5832, AX1920-UR20P, and AX1920-UR21P), Aspire X3 Models (including

AX3400-U4032 and AX3960-U4102), Aspire models (including S4250-BZ637, AS5250-



3452, AS5552-3891, AS5552-3857, AS5552-5898, AS5552-7474, AS5552-7650, AS5552-7803,

AS5552G-7632, AS5552G-7641, AS5560-SB609, AS5560-SB653, AS5560-SB835, AS5560G-

SB485, AS7551-7422, AS7551-7471, AS7551G-7606, AS7552G-5430, and AS7552G-6436),

Gateway ID series models (including ID47H03u, ID47H06u, ID47H07u, and ID57H03u),

Gateway LT series models (including LT2802u, LT2805u, and LT2811u), Gateway NV series

models (including NV50A02u, NV53A82u, NV53A88u, NV55C48u, NV55S02u, NV55S04u,

NV55S13u, NV55S15u, NV57H22u, NV57H43uNV57H45u, NV57H46u, NV57H48u,

NV57H50um NV59C72u, NV59C73u, NV75S02u, NV75S17u, and NV77H05u), Gateway One


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ZX series models (including ZX4351-UR20P, ZX4971-UR30P, ZX6961-UB20P, ZX6961-

UB21P, ZX6961-UR20P, ZX6971-UB30P, ZX6971-UB31P, ZX6971-UR30P, and ZX6971-

UR31P), Iconia Tab W models (including W500-BZ467 and W500P-BZ841), ICONIA models

(including ICONIA-6120), NEW Aspire Ethos models (including AS5951G-9694 and

AS8951G-9600), NEW Aspire TimelineX models (including AS3830T-6417, AS4830T-6642,

AS5830TG-6402, and AS3830TG-6431), Predator G3 models (including AG3600-U4082u and

AG3610-UR20P), Predator G7 models (including AG7750-UR22P), Revo 100 models

(including RL100-U10002), TravelMate TimelineX models (including TM6495T-6813,

TN6595T-6896, TM8172T-6812, TM6473T-6484, TM8473T-6450, TM8481T-6440, TM8573T-

6497, TM8573T-6834, and TM8573T-6853), TravelMate models (including TM4750-6458,

TM8172-6932, TM4750-6867, TM5760-6477, TM5760-6662, and TM5760-6816), Veriton L

models (including VL480G-UD5800W, VL480G-UD7601W, VL480G-UD8401W, VL4610G-

Ui3210W, and VL4610G-Ui5240W), Veriton M models (including VM275-UD6701W,

VM275-US7601W, VM4618G-Ui3210W, and VM4618G-Ui5240W) Veriton N models

(including VN281G-UA425W, VN282G-UD525W, and VN281G-UA425L), Veriton S models

(including VS480G-UQ8300W), Veriton X models (including VX2110-UA260W, VX2110-

BU260W, VX2110-US150W, VX4618G-Ui3210W, VX4618G-Ui5240W, VX488G-UQ8401W,

VX4618G-Ui7260W, VX275-UD6701W, VX275-UD5800W, and VX275-UD7601W), and

Veriton Z models (including VZ290G-UD5252W and VZ431G-Ui5650W).

55. Acer has also indirectly infringed and continues to indirectly infringe the 823Patent. Acer has had knowledge of the 823 Patent and its infringement since October 3, 2011







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infringing use.

58. Acer directly and/or indirectly has infringed, and continues to infringe, at leastclaims 37, 38, and 40 of the 823 Patent.



COUNT VI





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products containing DDR3 memory (979 Infringing Products) including at least All in One Z3

models (including AZ3101-U4062, AZ3731-UR21P, AZ3171-UR30P), All in One Z5 models

(including AZ5700-U4002 and AZ5761-UR20P), Aspire M3 models (including AM3400-

B4052, AM3400-U4132, AM3410-UR21P, AM3410-UR22P, AM3900-U4002, AM3910-

U4122, and AM3970-U5022), Aspire One 520 models (including AO522-BZ465, AO522-

BZ824, and AO522-BZ897), Aspire One 721 models (AO721-3620), Aspire One 722 models

(including AO722-BZ197, AO722-BZ454, AO722-BZ480, AO722-BZ608, AO722-BZ699,

AO722-BZ816, AO722-BZ848, and AO722-0611), Aspire One D255 models (including

AOD255E-1482, AOD255E-2659, AOD255E-2677, AOD255E-12111, AOD255E-12281,




AOD255E-13813, AOD255E-13849, AOD255E-13865, and AOD255E-13877 and excluding

AOD255E-2659 and AOD255E-2677), Aspire One D257 models (including AOD257-1411,

AOD257-1437, AOD257-1471, AOD257-1486, AOD257-1648, AOD257-1802, AOD257-1806,

AOD257-13404, AOD257-13450, AOD257-13472, AOD257-13478, AOD257-13652, AOD257-

13685, AOD257-13836, and AOD257-13876), Aspire One D260 models (including AOD260-

1270), Aspire One Happy 2 Models (including AOHAPPY2-1499, AOHAPPY2-1612,

AOHAPPY2-1828, AOHAPPY2-1872, AOHAPPY2-13445, AOHAPPY2-13647, AOHAPPY2-

13666, and AOHAPPY2-13875), Aspire TimelineX models (including AS1830T-6478,

AS3820T-6480, AS4820T-6447, AS4820T-6645, AS4820TG-6847, and AS5820T-6401),

Aspire X1 models (including AX1420G-U5832, AX1920-UR20P, and AX1920-UR21P),

Aspire X3 Models (including AX3400-U4032 and AX3960-U4102), Aspire models (including

S4250-BZ637, AS5250-BZ641, AS5250-BZ853, AS5250-BZ873, AS5253-BZ480, AS5253-


AS5253-BZ893, AS5552-3452, AS5552-3891, AS5552-3857, AS5552-5898, AS5552-7474,


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AS5552-7650, AS5552-7803, AS5552G-7632, AS5552G-7641, AS5560-SB609, AS5560-

SB653, AS5560-SB835, AS5560G-SB485, AS7551-7422, AS7551-7471, AS7551G-7606,

AS7552G-5430, and AS7552G-6436), Gateway ID series models (including ID47H03u,

ID47H06u, ID47H07u, and ID57H03u), Gateway LT series models (including LT2802u,

LT2805u, and LT2811u), Gateway NV series models (including NV50A02u, NV53A82u,

NV53A88u, NV55C48u, NV55S02u, NV55S04u, NV55S13u, NV55S15u, NV57H22u,

NV57H43uNV57H45u, NV57H46u, NV57H48u, NV57H50um NV59C72u, NV59C73u,

NV75S02u, NV75S17u, and NV77H05u), Gateway One ZX series models (including ZX4351-

UR20P, ZX4971-UR30P, ZX6961-UB20P, ZX6961-UB21P, ZX6961-UR20P, ZX6971-UB30P,

ZX6971-UB31P, ZX6971-UR30P, and ZX6971-UR31P), Iconia Tab W models (including

W500-BZ467 and W500P-BZ841), ICONIA models (including ICONIA-6120), NEWAspire

Ethos models (including AS5951G-9694 and AS8951G-9600), NEW Aspire TimelineX

models (including AS3830T-6417, AS4830T-6642, AS5830TG-6402, and AS3830TG-6431),

Predator G3 models (including AG3600-U4082u and AG3610-UR20P), Predator G7 models

(including AG7750-UR22P), Revo 100 models (including RL100-U10002), TravelMate

TimelineX models (including TM6495T-6813, TN6595T-6896, TM8172T-6812, TM6473T-

6484, TM8473T-6450, TM8481T-6440, TM8573T-6497, TM8573T-6834, and TM8573T-6853),

TravelMate models (including TM4750-6458, TM8172-6932, TM4750-6867, TM5760-6477,

TM5760-6662, and TM5760-6816), Veriton L models (including VL480G-UD5800W,

VL480G-UD7601W, VL480G-UD8401W, VL4610G-Ui3210W, and VL4610G-Ui5240W),

Veriton M models (including VM275-UD6701W, VM275-US7601W, VM4618G-Ui3210W,

and VM4618G-Ui5240W), Veriton N models (including VN281G-UA425W, VN282G-

UD525W, and VN281G-UA425L), Veriton S models (including VS480G-UQ8300W), Veriton

X models (including VX2110-UA260W, VX2110-BU260W, VX2110-US150W, VX4618G-

Ui3210W, VX4618G-Ui5240W, VX488G-UQ8401W, VX4618G-Ui7260W, VX275-

UD6701W, VX275-UD5800W, and VX275-UD7601W), and Veriton Z models (including

VZ290G-UD5252W and VZ431G-Ui5650W).


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63. Acer has also indirectly infringed, and continues to indirectly infringe, the 979Patent. Acer has had knowledge of the 979 Patent and its infringement since March 30, 2011





Infringing Products.




its claims; with knowledge that its customers will use, market, sell, and offer to sell the 979










infringing use.

66. Acer directly and/or indirectly has infringed, and continues to infringe, at leastclaims 33, 34, and 36 of the 979 Patent.



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COUNT VII





products containing solid state drives, (531 Infringing Products), including at least the Acer

AC700 and the ICONIA tablet computers (including at least the ICONIA-6120, ICONIA Tab A

models (including A100-07u08u, A100-07u08w, A100-07u16u, A100-10S16u, A500-10S32u,

and A500-10S16w) and ICONIA Tab W models (including W500-BZ467 and W500P-BZ841)).

71. Acer has also indirectly infringed, and continues to indirectly infringe, the 531Patent. Acer has had knowledge of the 531 Patent and its infringement since December 5, 2011


has had knowledge of the 531 Patent and its infringement thereof since the amended Complaint

was filed in Civil Action No. 1:11-cv-00977-RGA on December 6, 2011.










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infringing use.

74. Acer directly and/or indirectly has infringed, and continues to infringe, at leastclaims 7 and 10 of the 531 Patent.



COUNT VIII





products containing DDR2 or DDR3 memory, (369 Infringing Products), including at least

All in One Z3 models (including AZ3101-U4062 and AZ3171-UR30P), Aspire M3 models

(including AM3400-B4052, AM3400-U4132, AM3410-UR21P, and AM3410-UR22P), Aspire

One 522 models (including AO522-BZ465, AO522-BZ824, and AO522-BZ897), Aspire One

721 models (including AO721-3620), Aspire One 722 models (including AO722-BZ197,

AO722-BZ454, AO722-BZ480, AO722-BZ608, AO722-BZ699, AO722-BZ816, AO722-

BZ848, and AO722-0611), Aspire X1 models (including AX1420G-U5832), Aspire X3 models

(including AX3400-U4032), Aspire models (including S4250-BZ637, AS5250-BZ641,


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BZ660, AS5253-BZ684, AS5253-BZ819, AS5253-BZ873, AS5253-BZ893, AS5552-3452,

AS5552-3891, AS5552-3857, AS5552-5898, AS5552-7474, AS5552-7650, AS5552-7803,

AS5552G-7632, AS5552G-7641, AS5560-SB609, AS5560-SB653, AS5560-SB835, AS5560G-

SB485, AS7551-7422, AS7551-7471, AS7551G-7606, AS7552G-5430, and AS7552G-6436),

Gateway NV models (including NV50A02u, NV53A82u, NV53A88u, NV55S02u, NV55S04u,

NV55S13u, NV55S15u, NV75S02u, and NV75S17u), Gateway ZX models (including ZX4351-

UR20P), ICONIA Tab W series models (including W500-BZ467 and W500P-BZ841), Revo

100 models (including RL100-U1002), and Veriton X models (including VX2110-UA260W,

VX2110-BU260W, and VX2110-US150W).

79. Acer has also indirectly infringed, and continues to indirectly infringe, the 369Patent. Acer has had knowledge of the 369 Patent and its infringement since at least June 9,

2011 through a presentation made by Round Rock Research concerning that infringement. In

addition, Acer has had knowledge of the 369 Patent and its infringement thereof since the

original Complaint was filed in Civil Action No. 1:11-cv-00977-RGA on October 14, 2011.












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infringing use.




PRAYER FOR RELIEF

Wherefore, Plaintiff Round Rock Research respectfully requests that this Court enter

judgment against the Acer Defendants as follows:

a) adjudging that the Defendants have infringed, induced infringement of, and/orcontributorily infringed, literally or under the doctrine of equivalents, U.S. Patent No. 5,787,174;

b) adjudging that the Defendants have infringed, induced infringement of, and/orcontributorily infringed, literally or under the doctrine of equivalents, U.S. Patent No. 5,991,843;

c) adjudging that the Defendants have infringed, induced infringement of, and/orcontributorily infringed, literally or under the doctrine of equivalents, U.S. Patent No. 6,002,613;

d) adjudging that the Defendants have infringed, induced infringement of, and/orcontributorily infringed, literally or under the doctrine of equivalents, U.S. Patent No. 6,845,053;

e) adjudging that the Defendants have infringed, induced infringement of, and/orcontributorily infringed, literally or under the doctrine of equivalents, U.S. Patent No. 7,138,823;

f) adjudging that the Defendants have infringed, induced infringement of, and/orcontributorily infringed, literally or under the doctrine of equivalents, U.S. Patent No. 7,285,979;


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g) adjudging that the Defendants have infringed, induced infringement of, and/orcontributorily infringed, literally or under the doctrine of equivalents, U.S. Patent No. 7,336,531;

h) adjudging that the Defendants have infringed, induced infringement of, and/orcontributorily infringed, literally or under the doctrine of equivalents, U.S. Patent No. 7,389,369;

i) adjudging that the Defendants infringement has been willful;j) awarding Round Rock Research the damages to which it is entitled under 35

U.S.C. 284 for Defendants past infringement and any continuing or future infringement up

until the date Defendants are finally and permanently enjoined from further infringement,

including both compensatory damages and enhanced/treble damages for willful infringement,

and ordering a full accounting of same;

k) finding that this case is exceptional under 35 U.S.C. 285;l) awarding Round Rock Research pre-judgment and post-judgment interest on its

damages; and

m) awarding Round Rock Research such other and further relief in law or equity thatthe Court deems just and proper.

DEMAND FOR JURY TRIAL

Round Rock Research hereby demands a trial by jury on all claims and issues so triable.


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Dated: August 27, 2013

Of Counsel:

Paul A. Bondor

Jonas R. McDavit

Lauren M. NowierskiEdward Terchunian

DESMARAIS LLP230 Park Avenue

New York, NY 10169(212) 351-3400

(212) 351-3401

[email protected]@desmaraisllp.com

[email protected]

[email protected]

FARNAN LLP

/s/ Brian E. Farnan

Brian E. Farnan (Bar No. 4089)

Michael J. Farnan (Bar No. 5165)

919 North Market Street12th

Floor

Wilmington, DE 19801

(302) 777-0300(302) 777-0301

[email protected]

Counsel for Plaintiff

round rock research v. acer et. al

Documents