PIPER RWNEK

Transcription

PIPER RWNEK

Rudnick Gray Cary US LLP
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PIPER RWNEK
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July 6, 2005
Hand Delivered
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OUR FILE NO.327492-94
Cs-ai:ir:;*"
The Honorable Marilyn R. Abbott
Secretary
U.S. International Trade Commission
500 E Street, S.W., Room 112A
Washington, D.C. 20436
Re:
In the Matter of Certain Personal Computers, Monitors, and Components Thereof
Dear Secretary Abbott:
Enclosed for filing on behalf of Complainants Hewlett-Packard Development Company, L.P..
and Hewlett Packard Company (collectively. "HP) are the following documents in support of
HP's request that the U.S. International Trade Commission commence an investigation pursuant
to Section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 5 1337:
1. An original and twelve (12) copies of the verified Complaint (original and one (1) copy
unbound and not punched) [ I 9 C.F.R. 5 210.8(a), as modified by ITC notice; 19 C.F.R. 5
201.8(d)];
2. An original and six (6) copies of accompanying Exhibits to the Complaint (original and
one (1) copy unbound and not punched) [ I 9 C.F.R. 55 210.8(a), as modified by ITC
notice, 201.8(d)];
3. An envelope designated "Request for Confidential Treatment" containing a request for
confidential treatment of Exhibits 42 and 43, and Appendix L, and a certification of
counsel concerning the confidentiality of those documents [ I 9 C.F.R. § 201.61;
4. An envelope designated as "Appendix L" and marked "Confidential Business
Information" containing three (3) copies of the Licensing and Technical Assistance
Agreement between Hewlett-Packard Development Company, L.P.and Hewlett-Packard
Co. [I9 C.F.R. 55 201.6(c), 210.8(a), as modified by ITC notice, 201.8(d)];
5. An envelope designated as "Exhibits 42 and 43" and marked "Confidential Business
Information" containing an original and six (6) copies (original and one (1) copy unbound
and not punched) [I9 C.F.R. 55 201.6(c), 210.8(a), as modified by ITC notice, 201.8(d)];
Serving clients globally
Hon. Marilyn Abbott
July 6, 2005
Page Two
6. Two (2) additional copies of the Complaint and Exhibits for service upon the proposed
Respondents: Gateway. Inc. and eMachines, Inc. [ I 9 C.F.R. 55 210.8(a), as modified by
ITC notice, 201.8(d)];
7. Copies of U S . Patents Nos. 6,501,721 82; 6,691,236 B I ; 6,438,697 82; 6,894,706 B I ;
and 6,803,865 B2,contained in Appendix A, and legible copies of the same submitted as
Exhibits 16, 18, 20, 22 and 24. HP has ordered certified copies of those patents, and
HP will provide them to the Commission as soon as they become available to HP. [?9
C.F.R. 9 210.12(a)(9)(i)];
8. Original and three (3) copies of Appendices 8,D, F, H. and J. which are uncertified
copies of the prosecution history files of U.S. Patents Nos. 6,501,721 82; 6,691,236 61;
6,438,697 B2; 6,894,706 B1; and 6,803,865 82. HP has ordered certified copies of
those files, and HP will provide them to the Commission as soon as they become
available to HP. [ I 9 C.F.R. 5 210.12(~)(2)];
9. Four (4) copies of Appendices C, E, G, I, and K, which contain all reference materials
mentioned in the prosecution history files of U.S. Patents Nos. 6,501,721 82, 6,691,236
B1, 6,438,697 82,6,894,706 81, and 6,803,865 82 [ I 9 C.F.R. 5210.12(~)(3)];
I O . Copies of the assignments of U.S.Patents Nos. 6,501,721 B2; 6,691,236 BI; 6,438,697
82; 6,894,706 B I ; and 6,803,865 82, contained in Appendix N,and legible copies of the
same submitted as Exhibits 17, 19, 21, 23, and 25. HP has ordered certified copies of
those assignments, and HP will provide them to the Commission as soon as they
become available to HP. [ I 9 C.F.R. 5 210.12(a)(9)(i)];
11. Appendix M will contain cross-license agreements involving the patents-in-suit. These
cross-licenses have been intentionally withheld by HP and will be submitted promptly
9 C.F.R. 5 210,12(a)(9)(iii)];
upon completion of contractual notice requirements. /I
A request for confidential treatment of Appendix L and Exhibits 42 and 43 is included with this
filing.
Hon. Marilyn Abbott
July 6, 2005
Page Three
Thank you for your attention and assistance with this matter.
Admitted to practice in California
Enclosures
EXHIBITS TO THE COMPLAINT
EXHIBIT TITLE
PUBLIC OR
CONFIDENTIAF
Corporate Overview of Hewlett-Packard Company
Public
Public
Gateway "Home & Home Office" products Web page printed from
Gateway.com,
htt~://www.natavay.com/home/index.shtml?cmpid=consumer
*HP*segIi
I
Gateway "Small Business" products Web page printed from
Gateway.com,
:
Public
httu://www.nateway.com/work/sb/index.shtml?cmpid=biz*HP*seglinkr;
*
Public
Gateway "PC Accessories/Monitors" products Web page printed from
Gateway.com,
I
htt~://www.~atavay.com/AecessoryStore/PC+Accessori~~316441/Mon
Best Buy Web page showing Gateway computers available for sale at
Public
Circuit City Web page showing Gateway computers available for sale at
Public
CompUSA Web page showing Gateway computers available for sale at
Public
http://www.compusa.com
Office Depot Web page showing Gateway computers available for sale
I
Public
Press Release, "Gateway Completes Acquisition of eMachines,"
available via Gateway.com
Public
Gateway and eMachines Marketing document, "Go-to-market strategy,"
available at Gateway.com
Public
eMachines T6520 product Web page printed from eMachines.com,
Public
rttp://www.emac hines.com/products/products.
htrnl?prod=eMachines-T
12
I
520
:Machines E15T3 product Web page printed fiom eMachines.com,
rttp://w.emachines.com/products/products.
htrnl?prod=EIST3
3est Buy Web page showing eMachines computers available for sale at
i t t p : / / w . bestbuy.corn
Public
W u i t City Web page showing eMachines computers available for sale
It http://www.circuitcity.com
Public
:ompUSA Web page showing eMachines computers available for sale
t http://www.compusa.eom
Public
I
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.
Public
1
EXHIBIT TITLE
I
I
17
19
+i
I
1
I
25
Howe
Exh.A
U.S.Patent No. 6,501,721 B2
Assignment for US.Patent No. 6,501,721 B2
PUBLIC OR
CONFIDENTIAL
Public
Public
U.S. Patent No. 6,691,236 B1
Public
Assignment for U.S. Patent No. 6,691,236 B1
Public
U.S. Patent No. 6,438,697 B2
U.S. Patent No. 6,894,706 B1
U.S. Patent No. 6,803,865 B2
Photographs of a Gateway 93 IOXL desktop computer
Declaration of Dennis Howe In Support of Complaint
Claim chart: '721 Patent vs. Gateway 93 IOXL Desktop Computer,
Citing Exhibits D and E
Public
Public
Public
Public
Public
Public
Public
Public
Public
Claim chart: '721 Patent vs. eMachines T6212 Desktop Computer,
Citing Exhibits D and F
Public
Claim chart: '721 Patent vs. HP d4100y Desktop Computer, citing
Exhibits D and G
Public
DVD+RW Specification
Public
Specification for Gateway 93 lOXL Desktop Computer
Public
Specification for eMachines T6212 Desktop Computer
Public
Specification for HP d41OOy Desktop Computer
Public
Photographs of a eMachines T6212 desktop computer
Public
Photographs of a Gateway M680X notebook computer
Public
Declaration of Robert L. Stevenson In Support of Complaint
Public
Stevenson
Claim chart: '697 Patent vs. Gateway 7426GX notebook computer,
citing Exhibits B-F
Public
Stevenson
Specification for Gateway 7426GX notebook computer
Public
Mobile AMD Athlon 64 Processor Product Brief
Public
P1
Exh.C
Exh. E
1I
I
I
Howe
Exh.F
Howe
Exh.G
28
30
, SD\1635870 I
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EXHIBIT
NO.
Stevenson
Exh. D
Stevenson
Exh. E
Stevenson
Exh. F
Stevenson
Exh.G
Stevenson
Exh. H
Stevenson
Exh. I
Stevenson
Exh. J
Stevenson
Exh. K
Stevenson
Stevenson
Exh.M
Stevenson
Exh. N
Stevenson
Exh. 0
Stevenson
Stevenson
Exh. Q
Stevenson
Exh. R
Stevenson
Exh. S
Stevenson
Stevenson
Exh.U
Stevenson
Exh. V
Stevenson
Exh. W
Stevenson
31
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Featuring.. .AMD PowerNow! Technology
PUBLIC OR
CONFIDENTIAL
Public
Explaining AMD PowerNow! Technology
Public
AMD PowerNow! Technology: Dynamically Manages Power and
Performance
Claim chart: ’697 Patent vs. HP nc6000 notebook computer, citing
Exhibits H-J
Specification for W nc6000 notebook computer
Public
Public
What’s in Your Notebook?
Public
Intel Centrino Mobile Technology Enables Extended Battery Life
Public
Claim chart: ’236 Patent vs. Gateway M680X notebook computer,
citingExhibits L-0
Specification for Gateway M680X notebook computer
Public
Public
I AT1 Technologies Inc. MobilityTMRadeonm X700 Specifications
Public
EXHIBIT TITLE
Public
AT1 Technologies Inc. PowerPlayTMWhite Paper
Public
Screen shot image of properties screen for AT1 Mobility Radeon X700
PowerPlayTMoperating on the Gateway M680X computer.
Claim chart: ’236 Patent vs. HP nc6000 notebook computer, citing to
Public
I AT1 Technologies Inc. Mobilitym Radeonm 9600 Features
Screen shot image of properties screen for AT1 Mobility Radeon 9600
PowerPlayTMoperating on the HP nc6000 computer.
Claim chart: ‘706 Patent vs. Gateway FPD1960 19” LCD Display,
citing Exhibits T-V
Soecification for Gateway FPD1960 19” LCD Display
Public
Public
Public
Public
Public
I User Manual for Gateway FPD1960 19” LCD Display
Public
1 Digital
- Visual Interface (DVI) Specification, Revision 1.0, April 2, 1999 I
Public
1
Claim chart: ‘706 Patent vs. HP L1940 19” LCD Display, citing
Exhibits V and X
Specification for W L1940 19” LCD Display
Public
Photographs of a Gateway 7426GX notebook computer
Public
3
Public
I
1
EXHIBIT
NO.
EXHIBIT TITLE
Photographs of a Gateway FPD1960 monitor
Phillips
Phillips
Phillips
Phillips
Exh. D
Declaration of Samuel Phillips In Support of Complaint
Claim chart: ’865 Patent vs. Gateway M680 Notebook Computer,
Citine Exhibit C.
Claim chart: ’865 Patent vs. HP dv4000 Notebook Computer, citing
Exhibit D.
Photographs of Gateway M680X Notebook Computer
Public
Photographs of HP dv4000 Notebook Computer
Public
Sales receipt for a Gateway M680X series notebook computer and a
Gateway 9310XL series desktop computer
Public
Sales receipt for a Gateway 7426GX series notebook computer
Sales receipt for a Gateway FPD1960 series monitor
Public
Public
Picture of an HP d4100y desktop computer
Public
Pictures of an HF’nc6000 notebook computer
Public
Picture of an HP L1940 LCD monitor
Public
Pictures of an HP dv4000 notebook computer
Public
Public
HP dv4000 notebook computer specification
I
42
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PUBLIC OR
CONFIDENTIAL
Public
Public
Public
Public
Declaration of Shawn Williams regarding HP’s domestic industry with
respect to HP’s personal computer products, including notebook and
desktop computers
Confidential
Declaration of Brian McLane regarding HP’s domestic indutrsty with
Confidential
4
APPENDICES SUBMITTED PURSUANT TO 19 C.F.R. 66 210.12(c)
TITLE
APPENDIX
PUBLIC OR
CONFIDENTIAL
A
Uncertified copies of U.S. Patents Nos.: 6,501,721 B2
6,691,236 B1
6,438,697 B2
6,894,706 B1
6,803,865 B2
[Certified couies to be submitted.1
Public
B
Jncertified copy of the prosecution history file for US. Patent No.
i.501.721 B2 and three (3) additional conies.
Public
C
jour (4) copies of all reference documents mentioned in the
)rosecution history files for U.S. Patent No. 6,501,721 B2.
Public
D
Jncertified copy of the prosecution history file for U.S. Patent No.
),(I91,236 B I and threc
i3)additional copies
6,69 1,236 B I .
. -.. -. ..-
Public
.
E
.‘our (4) conies ofall reference documents mentioned in the
irosecution history files for U.S. Patent No. 6,691,236 B1.
Public
F
i.438.697 B2 and three (3) additional couies.
)rosecution historv files for U.S. Patent No. 6.438.697 B2.
Public
G
H
~I
Public
i.894.706 B1 and three (3) additional couies.
Public
rosecution historv files for U.S. Patent No. 6.894.706 B1.
Public
i,803,865 B2 &d threei3) additional copies.
Public
-
K
jour (4) couies of all reference documents mentioned in the
L
kree (3) copies of the Licensing and Technical Assistance
iereement between Hewlett-Packard Development Company,
. Ltd.
in\ Hewlett-Packard Co.
Confidential
M
rhree (3) copies of each cross-license agreement involving the
latents-in-suit.
To be Submitted]
Confidential
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,
)rosecution history files for U.S. Patent No. 6,803,865 B2.
Public
Copies o f the assignments of ownership for
U.S. Patents Nos.:
6,501,721 B2
6,691,236 Bl
6,438,697 B2
6,894,706 B1
6,803,865 B2
[Certified copies to be submitted.]
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UNITED STATES INTERNATIONAL TRADE COMMISSION
WASHINGTON,
D.C.
CERTAIN
PERSONAL
COMPUTERS,
MONITORS
Investigation No. 337-TA-
AND COMPONENTS
THEREOF
COMPLAINT OF HEWLETT-PACKARD
DEVELOPMENT COMPANY, L.P. AND HEWLETTPACKARD COMPANY UNDER SECTION 331 OF THE TARIFF
ACT OF 1930, AS AMENDED
Complainants
Proposed Respondents
Hewlett-Packxd Development Company, L.P.
20555 State Highway 249
Houston, Texas 77070
Telephone: (650) 857-1501
Gateway, Inc.
7565 b i n e Center Drive
Irvme, California 92618
Telephone: (949) 471-7000
Hewlett-Packard Company
3000 Hanover Street
Palo Alto, California 94304-1 105
Telephone: (650) 857-1501
ehlachines, Inc.
7565 Irvine Center Drive
Irvine, California 92618
Telephone: (949) 471-7000
Counsel for Complainants
John Allcock
Brian M. Fogarty
Erin Gibson
DLA PIPER RUDNICK
GRAY CARY US LLP
401 B Street, Suite 1700
SanDiego, CA 92101-4297
Telephone: (619) 699-2828
Andrew P. Valentine
Alan A. Limbach
Brent Yamashita
DLA PIPERRUDNICK
GRAYCARYUS LLP
2000 University Avenue
East Palo Alto, CA 94303-2248
Telephone: (650) 833-2000
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TABLE OF CONTENTS
I.
INTRODUCTION ...................................................................................................
I1.
THE PARTES. .................................................................................................................... 2
1
A.
Complahants ...........................................................................................................
2
B.
The Proposed Respondents ......................................................................................
3
111.
BACKGROUND INFORMATION ON THE PRODUCTS AT ISSUE ............................
4
lv.
THE PATENTS AT ISSUE .................................................................................................
5
A.
B.
C.
D
E.
The '721 Patent ........................................................................................................ 5
1.
Identification of the Patents and Ownership by HPDC ...............................
5
2.
Description o f the Patented Inventions ........................................................
6
3.
Foreign Counterparts to the '865 Patent ......................................................
7
The '236 Patent
1.
Identification of the Patents and Ownership by HPDC...............................
7
2.
Description of the Patented Inventions ........)......;. ...................................
8
3.
Foreign Counterparts to the '236 Patent ......................................................
9
...........................
9
1.
Identification of the Patent and Ownership by HPDC.................................
9
2.
Description of the Patented Invention ..........................................................
9
3.
Foreign Counterparts to the '697 Patent ....................................................
10
The '697 Patent .........................................................................
The '706 patent ......................................................................................................
1.
Identification ofthe Patents and Ownership by HPDC.............................
11
2.
Description of the Patented Inventions ......................................................
11
3.
Foreign Countqxrts to the '706 Patent ....................................................
12
The '865 Patent ........................................................................................................ 12
1.
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Identification of the Patents and Ownership by HPDC.............................
i
12
TABLE OF CONTENTS
(continued)
2.
Description of the Patented Inventions ......................................................
13
3.
Foreign Counterparts to the '865 Patent ....................................................
13
V.
LICENSES ......................................................................................................................... 13
VI.
UNLAWFUL AND UNFAIR ACTS OF THE PROPOSED RESPONDENT PATENT INFRINGEMENT .............................................................................................
14
A.
The '721 Patent ......................................................................................................
14
B.
The '236 Patent ......................................................................................................
14
C.
The '697 Patent ......................................................................................................
15
D.
The '706 Patent ......................................................................................................
15
E.
The '865 Patent ......................................................................................................
16
SPECIFIC INSTANCES OF IMPORTATION AND SALE ............................................
16
VI11. RELATED LITIGATION ......... ....................................................................................
18
VII .
IX.
X.
DOMESTIC INDUSTRY .................................................................................................. 20
A.
Application Of The Asserted Patents To HP's Computer Products ......................
21
B.
Significant Investment In Plant, Labor and Capital ..............................................
22
RELIEF ..............................................................................................................................
23
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I.
INTRODUCTION
1.
This Complaint is filed by Hewlett-Packard Development Company, L.P.
(“HPDC” ) and Hewlett-Packard Company (“HP”)(collectively “Complainants”), for violation
of Section 337 of the TariffAct of 1930, as amended, 19 U.S.C. f3 1337, by proposed
Respondents Gateway, Inc. (“Gateway”) and eMachines, Inc. (%Machines”), a wholly-owned
subsidiary of Gateway (collectively “Respondents”). The violation is based upon the unlawful
importation into the United States, the sale for importation or the sale within the United States
after importation of certain personal computers, monitors and components thereof. The accused
products infringe at least one or more claims 0fU.S. Patent No. 6,501,721 (“the ’721 patent”),
U.S. Patent No. 6,691,236 (“the ’236 patent”), US.Patent No. 6,438,697 (“the ’697 patent”),
U.S. Patent No. 6,894,706 (“the ’706 patent”), and United States Patent No. 6,803,865 (“the ’865
patent”). (A certified copy of each patent will be supplied in Appendix A in the near future and
copies are supplied at this time.)
2.
HPDC, the owner by assignment of each of these patents, and HP, the non-
exclusive licensee of each of these patents, seek an order permanently excluding from entry into
the United States Respondents’ infringing personal computers, monitors, and components
thereof. Complainants also seek, as relief, cease and desist orders prohibiting the importation,
sale, offer for sale, advertising, or the soliciting by Respondents of the sale of their personal
computers, monitors, and components thereof covered by the claims of the ’721, ’236, ’697,
’706, and ’865 patents.
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11.
THE PARTIES
A.
Complainants
3.
Complainant HPDC is a limited partnership organized and existing under the laws
of the State of Texas, having a principal place of business at 20555 State Highway 249, Houston,
Texas 77070. HPDC is the intellectual property management and licensing arm of HewlettPackard Company (“HP”). HPDC has licensed the ’721, ’236, ’697, ’706, and ’865 patents to
HP.
4.
Complainant HP is a global manufacturer of desktop, notebook, and server
computers, printers, and digital imaging products. HP is a market leader in the United States for
desktop, notebook, and server computers based on the industry-standard IBM Personal Computer
architecture. A copy of Hp’s corporate overview from the HP web site is attached as Exhibit 1.
5.
In fiscal year 2004, HP sold more than $79 billion worth of products and services,
many of which practice the ’721, ’236, ’697, ’706, and ’865 patents. See Exhibit 1(corporate
overview). HP’s annual research and development budget is almost $4 billion, some of which
resulted in the ’721, ’236, ’697, ’706, and ’865 patents. See Exhibit 1 (corporate overview).
6.
HP merged with Compaq Computer Corporation (“Compaq”) on May 7,2002.
Some of the patents asserted in this complaint were originally assigned to Cornpaq, and
subsequently assigned to Compaq Information Technology Group (“CITG), Compaq’s
intellectual property licensing entity. After the merger between Compaq and Hp,CITG was
renamed HPDC, the Complainant.
B.
The Proposed Respondents
7.
On information and belief, Respondent Gateway, Inc. is a corporation organized
and existing under the laws of Delaware having a principal place of business at 7565 Irvine
Center Drive, Irvine, California 92618.
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8.
Gateway is a supplier of desktop, notebook, media center, and sewer computers
as well as monitors and related products for home and business use. Gateway markets and sells
its products worldwide through its web site and call centers and through various retail outlets,
both at retail outlet locations and through various retail outlets' websites. (See e.g., Exhibits 2, 3,
and 4, printed from the Gateway website, www.gatewav.com; see e.g., Exhibits 5, 6, 7, and 8,
printed from the Best Buy (www.bestbuv.com), Circuit City,-
Comp USA
(www.comuusa.com), and Office Depot (www.officedeuot.com) websites, respectively.)
9.
On information and belief, Gateway's desktop, notebook, media center and server
computers as well as its monitors are manufactured for Gateway by third parties located in Asia.
Gateway imports these inkinging products into the United States for sale through its Internet
portal, www.gateway.com, call centers and various retail outlets.
10.
eMachines is a corporation organized and existing under the laws of Delaware
having a principal place ofbusiness at 7565 Irvine Center Drive, Irvine, California 92618. On
information and belief, Gateway acquired eMachines, Inc. on or about March 11,2004 (See
Exhibit 9, printed from the Gateway website, www.gateway.com) and eMachines is now a
wholly-owned subsidiary of Gateway.
11.
On information and belief, Gateway and eMachines are suppliers of eMachines-
brand and Gateway-brand desktop and notebook computers for home and business use. Gateway
markets and sells its eMachines-brand products worldwide through its web site and through
various retail outlets. (see e.g., Exhibits 10, 11, and 12, printed from the Gateway and
eMachines websites, Www.gatewav.com and www.eMachines.com; see e.g., Exhibits 13, 14, and
15, printed from the Best Buy (www.bestbuy.com), Circuit City (
and
F
,
Comp USA (www.compusa.con1) websites respectively.)
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12.
On information and belief, eMachines’ products are manufactured for Gateway
and eMachines by third parties located in Asia. Gateway and eMachines import these infiingng
products into the UQited States for sale through their Internet portal, www.emachines.com and
various retail outlets and through various retail outlets’ websites.
111.
BACKGROUND INFORMATION ON THE PRODUCTS AT ISSUE
13.
The products at issue in this investigation are various types of personal computers
(“PCs”), including desktop, notebook, media center computers, server computers and certain
components thereof, as well as monitors and components thereof.
14.
Desktop PCs based on the industry-standard IBM Personal Computer architecture
are used in a wide variety of home and business applications, such as e-mail, Internet access, and
word processing. Desktop PCs are designed to be used in a single location, i.e., they are not
considered portable. The heart of the desktop PC is a large circuit board called the
“motherboard,” which contains the processor, memory, and other integrated circuits. Storage
devices, such as hard drives, CD-ROM or DVD-ROM drives, and floppy drives are connected to
the motherboard and mounted within the desktop PC, as are input/output devices such as
modems, network adapters, and video adapters. External peripheral devices are also connected
to the desktop motherboard, such as a keyboard, mouse or other pointing device, and monitor.
15.
Notebook PCs are also based on the industry-standard IBM Personal Computer
architecture and are fully-integrated, portable computers that not only contain all the components
of desktop PCs, but also an integrated keyboard, pointing device, and monitor.
16.
Media centers are PCs with integrated digital entertainment components, such as
DVD playersirecorders, personal video recorders, and other digital media players. Because they
are based on industry-standard IBM Personal Computer architecture, media centers can also be
used as PCs, for example, to access the Internet.
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17.
Servers are specialized, high-performance computers intended for business use.
The servers at issue are based on the industry-standard IBM Personal Computer architecture, and
are employed in networked environments. Servers provide network access and security,
database, file, and application services, to name just a few. Servers commonly have several
processors and very large storage arrays to support many simultaneous users, or clients, which
could be the desktop or notebook computers described above.
18.
Monitors facilitate the display to the user of information being processed or
otherwise acted upon by the computer to which they are connected. In notebook PCs, the
monitor is integrated in the computer, typically as part of a lid that folds over the keyboard to
provide a compact configuration. Desktop PCs and media centers generally do not include an
integrated monitor, as it is instead disposed as a separate device to be plugged into the computer
via one or more cables. Monitors may utilize any one of several different designs, including
displays comprising, for example, cathode ray tube (CRT), liquid crystal display (LCD), or a
plasma display. LCD and plasma monitors are characterized by thin, generally flat, dimensions
having flat screens, although CRT displays may also have a flat screen.
IV.
THE PATENTS AT ISSUE
A.
The ’721 Patent
1.
19.
Identification of the Patent and Ownership by HPDC.
HPDC owns by assignment the entire right, title, and interest in the ’721 patent
entitled “Spliceless Editing Of A R e a m r i t e Optical Medium,” which issued on
December 31,2002. A copy of the patent is attached as Exhibit 16. A copy of the assignments
is attached as Exhibit 17. A certified copy of the recorded assignment has been ordered from the
United States Patent and Trademark Office and will be supplied promptly upon receipt.
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20.
Pursuant to Rule 210.12 of the Commission's Rules of Practice and Procedure,
this Complaint is accompanied by four copies of the prosecution history of the '721 patent
(Appendix B) and four copies of each reference document mentioned in the prosecution history
of the '721 patent (Appendix C). A certified copy of the prosecution history of the '721 patent
has been ordered from the United States Patent and Trademark Office and will be supplied
promptly upon receipt.
2.
21.
Description of the Patented Invention.
The '721 patent relates to optical data storage. More specifically, the invention
relates to a method for writing data to an optical storage medium such as a DVD or a CD. In
response to the increasing interest in multimedia applications, computer manufacturers are
offering more choices in optical data storage. "Readwrite" optical discs include optical discs
that allow data to be written many times. A DVD+RW disc is an example of a readwrite disc
that allows new data to be written many times. Rewritable DVD drives have speed ratings, just
as their read-only DVD-ROM cousins do. The differences are wide-ranging: DVD-RW speeds
range from 1X to 12X; DVD+RW ftom 2.4X to 12X;DVD-R speeds are 1X to 8X; and DVD+R
is 4X and 8X.
22.
Like CD-RW drives, rewritable DVD drives support both write-once and
rewritable media; the former is best used for creating DVD-Video discs playable on standard
DVD players, while the latter is well suited for backing up today's large hard drives.
23.
The '721 patent relates to re-writable DVD drives. The invention ofthe '721
patent offers a number o f advantages over the prior art. The prior art included drives that could
write data to a DVD disc and then re-write a portion of the disc with new data. However, the
prior art required that the dnve use "edit gaps" to separate the old data and the new data. These
edit gaps bad a number of drawbacks. The storage capacity of the DVD disc was reduced
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.
because data could not be written in the edit gaps. In addition, many older DVD dnves could not
read a disk that contained edit gaps because those gaps would be unrecognizable to the dnve.
The '721 patent discloses methods and apparatuses for writing and re-writing onto DVD discs
without using edit gaps. The '721 patent discloses the use of a high-frequency timing signal and
associated address information that allows the drive to locate specific bits on the disc.
24.
The '721 patent also discloses re-writing to the disc in a manner that allows the
new data to be written adjacent to the old data, or with a harmless overlap between the new data
and the old data. The end result is a re-writable DVD drive that maximizes the storage capacity
of discs and that can create discs that can be read by older DVD drives.
3.
25.
Foreign Counterparts to the '721 Patent.
Foreign counterparts are pending or have been issued corresponding to the '721
patent, as shown below:
No other foreign patent applications corresponding to the '721 patent have been filed,
abandoned, rejected or remain pending.
B.
The '236 Patent
1.
26.
HPDC owns by assignment the entire right, title, and interest in the '236 patent
entitled "System For Altering Operation Of A Graphics Subsystem During Run-Time To
Conserve Power Upon Detecting A Low Power Condtion Or Lower Battery Charge Exists,"
which issued on February 10,2004. A copy of the patent is attached as Exhibit 18. Copies of
the assignments are attached as Exhibit 19. A certified copies of the recorded assignments have
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been ordered from the United States Patent and Trademark Office and will be supplied promptly
upon receipt.
27.
(Appendix D) and four copies of each reference document mentioned in the prosecution history
of the patent (Appendix E). A certified copy of the prosecution history of the '236 patent has
upon receipt.
2.
28.
The '236 patent relates generally to power management and conservation in
portable computers. One of the most important criteria for a portable computer user is
operational time under battery power.
29.
The '236 patent discloses a portable computer system that conserves power by
changing the performance of the video graphics controller depending upon the system's power
source or battery condition. The system lowers video performance to conserve power when a
low power condition or low battery charge exists, while still allowing for the practical use of the
system's video display. When AC power or higher battery charge exists, the system raises the
video performance to provide superior video performance while plentiful power exists.
30.
The prior art only disclosed techniques that turned off certain computer functions
in order to conserve power. For example, one prior technique included screen blanking or
w i n g off the display panel entirely after a measured amount of inactivity by the central
processing unit. Another prior techmque was to decrease the overall brightness of the screen
when the computer is operating under battery power. The '236 patent teaches an innovative
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method and system to provide for greatly reduced power consumption when high performance
video is not required.
3.
31.
No foreign patent counterparts or applications corresponding to the '236 patent
have been filed, abandoned, rejected, or remain pending.
C.
The '697 Patent
1.
32.
Identification of the Patents and Ownership by HPDC.
HPDC owns by assignment the entire right, title, and interest in the '697 patent
entitled "Demand-Based Processor Clock Frequency Switching," which issued on August 20,
2002. A copy of the patent is attached as Exhibit 20. Copies of the recorded assignments are
attached as Exhibit 21. Certified copies of the recorded assignments have been ordered from the
United States Patent and Trademark Office and will be supplied promptly upon receipt.
.33.
(Appendix F) and four copies of each reference document mentioned in the prosecution history
of the '697 patent (Appendix G). A certified copy of the prosecution history of the '697 patent
has been ordered from the United States Patent and Trademark Office and will be supplied
promptly upon receipt.
2.
34.
Description of the Patented Invention
The '697 patent relates generally to power management and conservation in
portable computers. One of the most important criteria for a portable computer user is
operational time under battery power. More specifically, the '697 patent relates to circuits and
methods for reducing the power consumption of the computer system.
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35.
The processor of a computer system consumes a relatively substantial mount of
power. The power consumption of the processor can be decreased by decreasing the clock
frequency of the processor. The clock frequency is the electrical signal that synchronizes the
processor's activities and serves as a gauge for the speed of the processor. If the clock frequency
is decreased, the power consumption of the processor will decrease but so will the speed and
performance of the processor.
36.
The '697 Patent discloses methods and apparatuses for monitoring the activity of
the processor and changing the clock frequency of the processor based on the activity of the
processor. This enables the processor to consume less power when its activity level is low.
Thus, power is saved during periods when processor performance and speed are less essential.
37.
The prior art disclosed methods that were ultimately unsatisfactory, especially in
light oftoday's users' demands for advanced functionality from battery-powered systems. For
example, one prior art method required users to interface with the computer and choose to shift
to battery-saving mode.
38.
The invention disclosed in the '697 patent allows the battery-powered operating
period of a computer system to be greatly extended without requiring any input from the user and
without any noticeable loss in processing power. This allows a battery-powered computer
system to have advanced capabilities and functionality while still having a satisfactory battery
operating interval.
3.
39.
Foreign counterparts are pending or have been issued that generally correspond to
the '697 patent, as shown below:
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Country
DE
FR
GB
IE
SE
AU
Patent Number
0617812
0617812
0617812
0617812
06178 12
32503193
Filing Date
December 14,1992
December 14,1992
December 14, 1992
December 14,1992
December 14, 1992
December 14, 1992
Status
Granted
Granted
Granted
Abandoned
Abandoned
Abandoned
No other foreign patent applications corresponding to the ’697 patent have been filed,
D.
The ’706 Patent
1.
40.
entitled “Automatic Resolution Detection,” which issued on May 17,2005. A copy of the patent
is attached as Exhibit 22. Copies of the assignments are attached as Exhibit 23. A certified copy
ofthe recorded assignment has been ordered from the United States Patent and Trademark Office
and will be supplied promptly upon receipt.
41,
Pursuant to Rule 210.12 of the Commission’s Rules of Practice and Procedure,
this Complaint is accompanied by four copies of the prosecution history of the ’706 patent
(Appendix H) and four copies of each reference document mentioned in the prosecution history
of this patent (Appendix I). A certified copy of the prosecution history of the ’706 patent has
upon receipt.
2.
42.
Description of the ’706 Patent.
The ’706 patent relates to a video system capable of determining a display
resolution and driving a wide range of video displays. Continual advances in computer
technology are making possible cost-effective, yet high performance computers capable of
displaying high resolution images.
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43.
The ’706 patent relates to digital display devices, such as LCD monitors. LCD
monitors typically use thin-film transistor (TFT) technology. Each pixel that is generated on the
screen is associated with a dedicated transistor or transistors for that pixel location. The
transistors are set in a fixed location within the monitor. As a result, monitors that use TFT
technology have a fixed position for the display of each pixel, and the screen as a whole has a
fixed resolution (e.g., 1280 x 1024)
44.
By contrast, the graphics output fiom a computer often can be formatted in a
variety of resolutions. For example, most desktop computers can output a graphics resolution of
640 x 480, 1024 x 768, and other resolutions. Monitors that use TFT technology therefore must
have a means for scaling the graphics received from the computer to match the fixed resolution
of the screen. The ’706 patent discloses a variety of methods and apparatuses for determining
the resolution of the graphics received from the computer and scaling it to match the fixed
resolution of the screen.
3.
45.
Foreign Counterparts to the ’706 Patent.
No foreign patent applications corresponding to the ’706 patent have been filed,
E.
The ’865 Patent
1.
46.
entitled “Spill-Resistant Keyboard,” which issued on October 12,2004. A copy of the patent is
attached as Exhibit 24. A copy of the recorded assignment is attached as Exhibit 25. Certified
copies of the recorded assignments have been ordered from the United States Patent and
Trademark Office and will be supplied promptly upon receipt
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47.
(Appendix J)and four copies of each reference document mentioned in the prosecution history of
this patent (Appendix K). A certified copy of the prosecution history of the '865 patent has been
ordered from the United States Patent and Trademark Office and will be supplied promptly upon
receipt.
2.
48.
The '865 patent generally relates to keyboards that are used for inputting data to
electronic devices, such as portable computers. More specifically, the invention relates to
protecting internal components fiom liquid spilled onto the keyboard.
49.
Consumers are increasingly purchasing notebook computers. Notebook
computers are rapidly replacing desktop computers, and it is likely they will soon surpass
desktop computer sales. The increasing demands of consumers require that notebook computers
be able to withstand inadvertent spills that often occur. The '865 patent discloses the use of a
spill-resistant keyboard in a notebook computer that reduces or prevents the flow-through of
water or other liquids inadvertently spilled over the keyboard, in order to protect the
motherboard andor other electronic components disposed under the keyboard.
3.
50.
No foreign patent applications corresponding to the '865 patent have been filed,
V.
LICENSES
51.
The asserted patents are licensed to HP in a comprehensive License and Technical
Assistance Agreement (Appendix L - Confidential) and are the subject of certain cross-licenses.
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(Appendix M - Confidential). These cross-licenses have been intentionally withheld and will be
submitted upon completion of contractual notice requirements.
VI.
UNLAWFUL AND UNFAIR ACTS OF THE PROPOSED RESPONDENTS
- PATENT INFRINGEMENT
A.
The ’721 Patent
52.
On information and belief, proposed Respondents Gateway and eMachines
unlawfully sell for importation, import, or sell after importation into the United States certain
personal computers, including desktop, notebook, media center and server computers, with a
component or components that infringe claims 4, 7-8, 12, 15, and 18 ofthe ’721 patent.
53.
Gateway computers that infringe the ’721 patent include at least the following
products: Gateway 93 lOXL series desktop computers and eMachines T6212 series desktop
computers. (See Exhibit 26 for photographs of a Gateway 9310XL desktop computer. See
Exhibit 27 (Declaration of Dennis Howe In Support of Complaint (“Howe Declaration”)),
Exhibit E for the Gateway 93 lOXL desktop computer specification printed from Gateway’s
website. See Exhibit 28 for photographs of a eMachines T6212 desktop computer. See Exhibit
27, Howe Declaration, Exhibit F for the eMachines T6212 desktop computer specification
printed from eMachines’ website.)
54.
Attached to the Howe Declaration (Exhibit 27) as Exhibit A is a claim chart
demonstrating that the elements of exemplary claim number 4 of the ’721 patent are present in
the Gateway 9310XL desktop computer. Attached to the Howe Declaration (Exhibit 27) as
Exhibit B is a claim chart demonstrating that the elements of exemplary claim number 4 of the
’721 patent are present in the eMachines T6212 desktop computer.
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B.
The ’236 Patent
55.
On information and belief, proposed Respondent Gateway unlawfully sells for
importation, imports, or sells after importation into the United States certain notebook computers
that infringe claims 1-17 of ’236 patent.
56.
Gateway computers that infringe the ’236 patent include at least the following
products: Gateway M680X series notebook computers. See Exhibit 29 for photographs of a
Gateway M680X notebook computer. (See Exhibit 30 (Declaration of Robert L. Stevenson In
Support of Complaint (“Stevenson Declaration”)), Exhibit L for the Gateway M680X notebook
computer specification printed from Gateway’s website.)
57.
Attached to the Stevenson Declaration (Exhibit 30) as Exhibit K is a claim chart
the Gateway M680X notebook computer.
C.
The ’697 Patent
58.
unlawfully sell for importation, import, or sell after importation into the United States certain
notebook computers that infiinge claims 1-26 of the ’697 patent.
59.
Respondents’ computers that inhnge the ’697 patent include at least the
following products: Gateway 7426GX series notebook computers. (See Exhibit 3 1 for
photographs of a Gateway 7426GX notebook computer. See Stevenson Declaration (Exhibit 30),
Exhibit B for the Gateway 7426GX notebook computer specification printed from Gateway’s
website.)
60.
Attached to the Stevenson Declaration (Exhibit 30) as Exhibit A is a claim chart
the Gateway 7426GX notebook computer.
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D.
The '706 Patent
61.
On information and belief, proposed Respondent Gateway unlawfully sells foI
importation, imports, or sells after importation into the United States certain monitors that
infnnge claims 1-8, and 23-33 of the '706 patent.
62.
Gateway monitors that infringe the '706 patent include at least the following
products: Gateway FPD1960 series monitors. (See Exhibit 32 for photographs of a Gateway
FPD1960 monitor. See Stevenson Declaration (Exhibit 30), Exhibit T for the Gateway FPD1960
monitor specification printed from Gateway's website.)
63.
Attached to the Stevenson Declaration (Exhibit 30) as Exhibit S is a claim chart
demonstrating that the elements of exemplary claim number 1 of the '706 patent are present in
the Gateway FPD1960 monitor.
E.
The '865 Patent
64.
On information and belief, proposed Respondent Gateway unlawfully sells for
importation, import, or sell after importation into the United States certain notebook computers
with a component that infnnges claims 1-33 of the '865 patent.
65.
Gateway notebook computers with the component that infringe the '865 patent
include at least the following product: Gateway M680X notebook computer. (See Exhibit 29 for
photographs of a Gateway M680X notebook computer. See Stevenson Declaration (Exhibit 30),
Exhibit L for the Gateway M680X notebook computer specification printed from Gateway's
website.)
66.
Attached to this Complaint as Exhibit 33 is the Declaration of Samuel Phillips
("Phillips Declaration") which includes a claim chart, attached as Exhibit A to the Phillips
Declaration, demonstrating that the elements of exemplary claim number 1 of the '865 patent are
present in the Gateway M680X notebook computer
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VII.
SPECIFIC INSTANCES OF IMPORTATION AND SALE
67.
import, sell for importation, andor sell within the United States after importation, the accused
products.
68.
The specific instances of importation of infringing desktop and notebook
computers, monitors, and components thereof set forth below are representative samples of
unlawful imports of infringing products.
69.
On information and belief, the Gateway M680X series notebook computer, the
Gateway 7426GX series notebook computer, the Gateway 93 lOXL series desktop computer, the
eMachines T6212 series desktop computer, and the Gateway FPD1960 series nionitor and
components are imported into the United States by or for Gateway or eMachines.
70.
The sales receipt for a Gateway M68OX series notebook computer, purchased at
www.gateway.com on April 21,2005, is attached as Exhibit 34.
71.
The Gateway M680X notebook computer is marked as a product of China. On
information and belief, the Gateway M680X notebook computer is made for Gateway in China
by a third party vendor. See Exhibit 29.
72.
The sales receipt for a Gateway 7426GX series notebook computer, purchased at
a “Best Buy” retail store in Palo Alto, California on May 18,2005, is attached as Exhibit 35.
73.
The Gateway 7426GX notebook computer is marked as a product of China. On
information and belief, the Gateway 7426GX notebook computer is made for Gateway in China
by a third party vendor. See Exhibit 3 1.
74.
The sales receipt for a Gateway 9310XL series desktop computer, purchased at
www.rrateway.com on April 21,2005, is attached as Exhbit 34.
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75.
The Gateway 9310XL series desktop computer is marked as a product of Mexico.
On information and belief, the Gateway 9310XL desktop computer is made for Gateway in
Mexico by a third party vendor. See Exhibit 26.
76.
The sales receipt for an eMachines T6212 series desktop computer, purchased at a
“Best Buy” retail store in Palo Alto, California on May 18, 2005, is attached as Exhibit 35.
77.
The eMachines T6212 series desktop computer is marked as a product of China.
On information and belief, the eMachmes T6212 desktop computer is made for eMachines in
China by a third party vendor, Foxcom. See Exhibit 28.
78.
The sales receipt for a Gateway FPD1960 series monitor, purchased at
Www.gateway.com on June 10,2005, is attached as Exhibit 36.
79.
The Gateway FPDl960 series monitor is marked as a product of Mexico. On
information and belief, the Gateway FPD1960 series monitor is made for Gateway in Mexico by
a third party vendor. See Exhibit 32.
SO.
On information and belief, the inhinging Gateway desktop computers are
classified under subheading 8471.50.0085, Harmonized Tariff Schedule of the United States
(“HTSUS”). On information and belief, the infringing Gateway notebook computers are
classified under subheading 8471.30.0000, HTSUS. On information and belief, the infringing
Gateway monitors are classified under subheadings 8528.21.6501 and 8528.21.7001.
81.
These classifications are exemplary in nature and are not intended to restrict the
scope of any exclusion order or other remedy ordered by the Commission.
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VIII. RELATED LITIGATION
82.
There are a number of other cases pending in various jurisdictions in the United
States between HPMPDC on the one hand, and Gateway/eMachines/Amiga’on the other.
Although all of these cases may not technically be “related” in the sense that some of the named
parties are not identical to this case and only one case has an overlapping patent (the ’697
patent), in the interests of full disclosure, Complainants have included all of the cases pending
between some or all of Complainants and proposed Respondents in various jurisdictions around
the United States.
83.
Hewlett-PackardDevelopment Company, LP V. Gateway, Inc. is a lawsuit filed on
March 24,2004 by HPDC Gateway in United States District Court in the Southern District of
California. The suit originally alleged infringement of six patents. On April 2,2004, HPDC
filed an amended complaint, adding infringement allegations for four additional patents. HPDC
seeks an injunction, monetary damages, interest and attorneys’ fees. On May 10, 2004, Gateway
filed an answer and a counterclaim, alleging infringement of five Gateway patents. Gateway
seeks an injunction, unspecified monetary damages, interest and attorneys’ fees. On August 18,
2004, Gateway filed a declaratory relief action against HPDC seeking a declaration of
non-infringement and invalidity of four HPDC patents. HPDC answered and counterclaimed
and alleged infringement of the same four patents, and the claims were consolidated with the
above case. There are currently 19 patents at issue in the Southern District of California case.
Claim construction began in December 2004 and is expected to resume in August 2005.
(U.S.D.C., Southern District of California, Case No. 04-CV-00613-B (LSP))
’
Respondent eMachines, Inc. and Amiga Development Company LLP are both wholly-owned subsidiariesof
Respondent Gateway, Inc.
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84.
On May 6,2004, HPDC and HF' filed a complaint in the United States
International Trade Commission ("ITC"), alleging that Gateway infringed seven of HPDC's
patents. Trial was held in March 2005 on the four patents remaining in the investigation. H p
seeks an injunction, and a decision is expected from the ITC in August 2005. (ITC, Case No.
337-TA-509.)
85.
On July 2,2004, Gateway filed a complaint in the ITC, alleging that HP infringed
three patents. Trial was held in May 2005 on the one patent remaining in the investigation.
Gateway seeks an injunction, and a decision is expected in August 2005.
(ITC, CaseNo. 337-TA-519)
86.
On July 2,2004, Amiga Development LLC ("Amiga"), an entity affiliated with
Gateway, filed a lawsuit against HF' in United States District Court for the Eastern District o f
Texas, alleging infringement of three patents. Amiga seeks an injunction, unspecified monetary
damages, interest and attorneys' fees. Trial is scheduled for April 3,2006. (U.S.D.C., Eastern
District of Texas, Case No. 2:04-CV-00242-TJW.)
87.
On October 21,2004, HPDC filed a lawsuit in the United States District Court for
the Western District of Wisconsin against eMachines, alleging infnngement of five HPDC
patents relating to personal and desktop computers. On February 17,2005, the action was
transferred to the Southern District of Texas (Houston Division). Three patents remain in suit.
W D C seeks an injunction, unspecified monetary damages, interest and attorneys' fees. The '697
patent, which is part of this investigation. The parties are currently awaiting a scheduling
conference. (U.S.D.C. Southem District of Texas, Houston Division, Case No. H-05-0778.)
88.
On June 6,2005, HP and HPDC filed a lawsuit in the Supenor Court of California
(Santa Clara County) against eMachines for breach of contract. W and HPDC allege that
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eMachines failed to allow an audit of its royalty payments under a license with eMachines (now
terminated). (Superior Court of California, County of Santa Clara, Case No. 105CV042490.)
LX.
DOMESTIC INDUSTRY
89.
An industry in the United States exists as required by subsection (a)(2) of Section
337, 19 U.S.C.
5 1337(a)(2).
A.
Application Of The Asserted Patents To HP’s Computer Products
90.
Attached to this complaint are visual representations and information from H p ’ s
website depicting examples of the involved domestic articles, as follows: a picture of an H p
d4100y desktop computer (Exhibit 37), HP d4100y desktop computer specification printed from
HP’s website as Exhibit G to the Howe Declaration (Exhibit 27), pictures of an HP nc6000
notebook computer (Exhibit 38), HP nc6000 notebook computer specification printed kom HP’s
website as Exhibit H to the Stevenson Declaration (Exhibit 30), a picture of an HP L1940 LCD
monitor (Exhibit 39), HF’ L1940 LCD monitor specification printed from HP’s website as
Exhibit T to the Stevenson Declaration (Exhibit 30), pictures of an HP dv4000 notebook
computer (Exhibit 40), and HF’ dv4000 notebook computer specification printed from HP’s
website (Exhibit 41).
91.
Attached to the Howe Declaration (Exhibit 27) as Exhibit C is a claim chart
demonstrating that the elements of exemplary claim number 4 of the ’721 patent that is present in
the HP d41OOy desktop computer.
92.
Attached to the Stevenson Declaration (Exhibit 30) as Exhibit G is a claim chart
demonstrating that the elements of exemplary claim number 7 of the ’697 patent is present in the
HP nc6000 notebook computer.
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93.
Attached to the Stevenson Declaration (Exhibit 30) as Exhibit P is a claim chart
the HP nc6000 notebook computer.
94.
Attached to the Stevenson Declaration (Exhibit 30) as Exhibit W is a claim chart
the HP L1940 LCD monitor.
95.
Attached to the Phillips Declaration (Exhibit 33) as Exhibit B is a claim chart
the HP dv4000 notebook computer.
B.
Significant Investment In Plant, Labor and Capital
96.
A domestic industry as defined by 19 U.S.C. 5 1337(a)(3)(A) exists in the United
States with respect to the articles protected by the asserted patents by reason of HF”s significant
investment in plant, labor and capital with respect to such articles protected by the asserted
patents.
97.
Attached as Exhibit 42 to this Complaint is the Declaration of Shawn Williams
setting forth the details of HP’s investment of manufacturing space, labor and research and
development expenditures for HP’s personal computer products, specifically including HP’s
notebook and desktop computers. Exhibit 42, which is submitted separately as containing
confidential information, describes activities undertaken by HP in the United States to, among
other things, engineer and qualify these products.
98.
Attached as Exhibit 43 to t h s Complaint is the Declaration of Brian McLane
setting forth the details of HP’s investment of manufacturing space, labor and research and
development expenditures for HP’s Display Business Unit. Exhibit 43, which is submitted
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separately as containing confidential information, describes activities undertaken by H p in the
United States to, among other things, engineer and qualify these products.
X.
RELIEF
99.
Complainants HP and HPDC respecthlly request that the United States
International Trade Commission:
A.
Institute an immediate investigation pursuant to Section 337@)(1) of the
Tariff Act of 1930, as amended, 19 U.S.C. !j 1337, into the violations by
of Section 337
proposed Respondents Gateway, Inc. and eMachlnes, hc.,
arising from the importation into the United States, andor sale for
importation andor sale within the United States after importation, of
proposed Respondents’ accused personal computers (including desktop,
notebook, and media center computers), monitors, and components
thereof;
B.
Set a target date of no more than twelve months;
C.
Schedule and conduct a hearing pursuant to Section 337(c) for purposes of
receiving evidence and hearing argument concerning whether there has
been a violation of Section 337, and following the hearing, to determine
that there has been a violation of Section 337;
D.
Issue a permanent exclusion order, pursuant to Section 337(d), forbidding
entry into the United States of proposed Respondents Gateway, Inc. and
eMachines, Inc.’s personal computers, including its desktop, notebook,
and media center computers, monitors and components thereof, that
infringe one or more claims of U.S. Patent Nos. 6,501,721; 6,691,236;
6,438,697; 6,894,706; 6,803,865;
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E.
Issue a permanent order, pursuant to Section 337(f), directing proposed
Respondents Gateway, Inc. and eMachines, Inc. to cease and desist from
importing, selling, offering for sale, using, demonstrating, promoting,
marketing, and/or advertising in the United States, proposed Respondents
Gateway, Inc. and eMachines, Inc.’s personal computers, including
desktop, notebook, and media center computers, monitors and components
thereof, that infnnge one or more claims of U.S. Patent Nos. Nos.
6,501,721; 6,691,236; 6,438,697; 6,894,706; 6,803,865; and
F.
Grant all such other and further relief as it deems appropriate under the
law, based upon the facts complained of herein and as determined by the
investigation.
23
Dated: J u I y S , 2005
fl
DLA Piper Rudmck Gray Cary US LLP
401 B Street, Suite 1700
San Diego, CA 92101-4297
Telephone: (619) 699-2828
Andrew P. Valentine
Alan A.Limbach
Brent Yamasluta
DLA Piper Rudnick Gray Cary US LLP
2000 University Avenue
East Palo Alto, CA 94303-2248
Telephone: (650) 833-2000
Counsel for Complainants
Hewlett-Packard Development Company, L.P. and
Hewlett-Packard Company
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,
1
VERlFICATION TO COMPLAINT
I, AIanH. Haggard, declare, in accordance with 19 C.F.R.$8 210 4 and 210.12(a), under
penalty of perjury that the following statements are true:
1. I am Assistant General Counsel for HPQ Holdings, LLC, the general partner for Hewlett-
Packard Development Company, L.P. and am duly authorized to sign this complaint on behalf of
Complainants, Hewlett-Packard Company (“HP”)and Hewlett Packard Development Company,
L.P. C‘HPDC”);
2. I have read the foregoing complaint of HP and HPDC and am aware of its contents;
3, The complaint is not being presented for any improper purpose, such as to harass or to
causeunnecessary delay or needless increase in the cost of litigation;
4
To the best of my knowledge, information and belief founded upon reasonable inquiry,
the claims and legal contentions of this supplement are wananted by exisling law or a good faith
argument for the extension, modification,or reversal of existing law; and
5. To the best of my knowledge, information and belief founded upon reasonable inquiry,
any allegations or factual contentions in this supplement have evidentiary support or are likely to
have evidentiary support after a reasonable opportmity ;or further investigation or discovery.
I declare under penalty ofperjury under the laws of the United States of America that the
foregoingis true and correct.
/
Executed on July 2 , 2 0 0 5 .

PIPER RWNEK

Transcription

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