Itc Complaint 1[1]

CHRISTINE E. LEHMAN

202.408.4270 [email protected]

November 6,2008 VIA-HAND DELIVERY

The Honorable Marilyn Abbott Secretary U.S. International Trade Commission 500 E Street, S.W. Washington, D.C. 20436

Secretary lnt’l Trade Commission

Re: Memory Controllers and Products Containing Same, Including Graphics Cards and Motherboards u -

Dear Secretary Abbott:

--.. ,.

_ “ X

*-,-2

Enclosed for filing on behalf of complainant Rambus Inc. are the following docurnzk in suppod of Complainant’s request that the Commission commence an investigation pursuant to Section 337 of the Tariff Act of 1930, as amended. A request for confidential treatment of Confidential Exhibits 46 and 47 is included with this filing. Accordingly, Complainant submits the following documents for filing: 1.

An original and twelve (12) copies of the verified Complaint and an original and six (6) copies of the accompanying exhibits, with the Confidential Exhibits segregated from the other material submitted (original and one (1) copy unbound, without tabs) (Rules 201.6(c), 210.4(f)(3)(i), and 210.8(a)(l)(i));

2.

Seventeen (1 7) additional copies of the Complaint and accompanying Non-Confidential and Confidential Exhibits for service upon the proposed respondents (Rules 210.4(f)(3)(i), 210.8(a)(l)(iii), and 210.1 1(a));

3.

Certified copies of United States Letters Patent Nos. 7,177,998 (“the ’998 patent”), 7,2 10,016 (“the ’016 patent”), 6,470,405 (“the ’405 patent”), 6,591,353 (“the ’353 patent”), 7,287,109 (“the ’109 patent”), 7,2873 19 (“the ’ 119 patent”), 7,330,952 (“the ’952 patent”), 7,330,953 (“the ’953 patent”), and 7,360,050 (“the ’050 patent”) (collectively “the Asserted Patents”), included respectively as Exhibits 1, 2, 6, 7, 8, 13, 14, 15, and 16 in the original Complaint, and copies thereof included respectively as Exhibits 1, 2, 6, 7, 8, 13, 14, 15, and 16 in all copies of the Complaint (Rule 210.12(a)(9)(9);

901 NEW Y O R K AVENUE, NW I WASHINGTON, DC 20001-4413 PHONE: 202.408.4000 I F A X : 2 0 2 . 4 0 8 . 4 4 0 0

The Honorable Marilyn Abbott November 6,2008 Page 2 4.

Certified copies of the assignments involving the Asserted Patents included as Exhibits 3, 9, and 17 in the original Complaint, and copies thereof included as Exhibits 3,9, and 17 in all copies of the Complaint (Rule 210.12(a)(9)(ii));

5.

An identification of each license agreement for the Asserted Patents that Complainant relies upon to support its domestic industry contentions, included as Confidential Exhibit 46 (Rule 210.12(a)(9)(iv)) (certain agreements have been withheld in accordance with notification provisions in the agreements; Complainant will provide these agreements in a supplement);

6.

Certified copies and three (3) copies thereof of the prosecution histories of the Asserted Patents are included as Appendices A2, A4, B3, B4, B7, C5, C6, C7, and C8 (Rule 210.12(~)(1));

7.

Four (4) copies of each reference document mentioned in the prosecution histories of applications leading to the issuance of the Asserted Patents included as Appendix D (Rule 2 10.12(~)(2)(one non-patent technical reference could not be obtained and is not available from the United States Patent and Trademark Office);

8.

Two (2) additional copies of the Complaint and the accompanying nonconfidential exhibits for service upon the embassies in Washington, D.C. of the countries of the foreign respondents (Rules 210.8(a)(l)(iv) and 210.1 I(a)(l)(ii)); and

9.

A letter and certification pursuant to Commission Rules 201.6(b) and 2 10.5(d) requesting confidential treatment of Confidential Exhibits 46 and 47.

Thank you for your attention to this matter.

Christine E. Lehman Enclosures

FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, LLP

DERSON, FARABOW, GARFiETT & D U K N E R , L i p

CHRISTINE E. LEHMAN 202.408.4270 [email protected]

November 6,2008

VIA HAND DELIVERY The Honorable Marilyn Abbott Secretary U.S. International Trade Commission 500 E Street, S.W. Washington, D.C. 20436 Re:

Certain Semiconductor Chips Having Svnchronous Dynamic Random Access Memory Controllers and Products Containing Same, Inclzidinr Graphics Cards and Motherboards

Dear Secretary Abbott : This firm represents Complainant Rambus Inc., who is concurrently filing a complaint pursuant to Section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 0 1337.

In accordance with Commission Rules 201.6,210.5, 19 C.F.R. $0 201.6 and 210.5, Complainant requests confidential treatment of the business information contained in Confidential Exhibits 46-47. The information for which confidential treatment is sought is proprietary commercial information not otherwise publicly available. Specifically, these Exhibits contain proprietary commercial information concerning Complainant’s licensing of the Asserted Patents and investments in the domestic industry. The information described above qualifies as confidential business information pursuant to Rule 210.6(a) because: 1.

it is not available to the public;

2.

unauthorized disclosure of such information could cause substantial harm to the competitive position of Complainant; and

3.

the disclosure of which could impair the Commission’s ability to obtain information necessary to perform its statutory function.

901 NEW Y O R K AVENUE, NW I WASHINGTON, DC 20001-4413 PHONE: 202.408.4000 I FAX: 202.408.4400

The Honorable Marilyn Abbott November 6,2008 Page 2 Please contact me if you have any questions about this request, or if this request is not granted in full. Thank you for your attention to this matter. Respecthlly submitte

Christine E. Lehrnan

FINNEGAN, HENDERSON, FARABOW, GARRETT & D U N N E R , LLP

UNITED STATES INTERNATIONAL TRADE COMMISSION WASHINGTON, D.C. 20436

In the Matter of CERTAIN SEMICONDUCTOR CHIPS HAVING SYNCHRONOUS DYNAMIC RANDOM ACCESS MEMORY CONTROLLERS AND PRODUCTS CONTAINING SAME, INCLUDING GRAPHICS CARDS AND MOTHERBOARDS

1 1 1 1 1 1 1 1 1 1

Investigation NO. 337-TA-

COMPLAINT UNDER SECTION 337 OF THE TARIFF ACT O F 1930, AS AMENDED COMPLAINANT:

RESPONDENTS:

Rambus Inc. 4440 El Camino Real Los Altos, California 94022 Telephone: (650) 947-5000

NVIDIA CORPORATION 2701 San Tomas Expressway Santa Clara, California 95050

COUNSEL FOR COMPLAINANT:

J. Michael Jakes Doris Johnson Hines Christine E. Lehman Kathleen A. Daley Naveen Modi FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, L.L.P. 901 New York Avenue, NW Washington, DC 2000 1-4413 Telephone: (202) 408-4000 Facsimile: (202) 408-4400

ASUSTEK COMPUTER INC. 15, Li Teh Road Taipei City 11259 Taiwan, ROC ASUS COMPUTER INTERNATIONAL INC. 800 Corporate Way Fremont. California 94539 BFG TECHNOLOGIES, INC. 28690 Ballard Drive Lake Forest, Illinois 60045 BIOSTAR MICROTECH (U.S.A.) CORP. 18551 East Gale Avenue City of Industry, California 91748 (Continued ...)

BIOSTAR MICROTECH INTERNATIONAL CORP. 2 Fl., 108-2, Ming Chum Road Hsin Tien, Taiwan, ROC DIABLOTEK INC. 1421 Pedley Drive Alhambra, California 9 1803 EVGA CORP. 2900 Saturn Street, Suite B Brea, California 92821 G.B.T. INC. 17358 Railroad St. City of Industry, California 91748 GIGA-BYTE TECHNOLOGY CO., LTD. No. 6, Bau Chiang Road, Hsin-Tien, Taipei 23 1 Taiwan, ROC HEWLETT-PACKARDCO. 3000 Hanover Street Palo Alto, California 94304 MSI COMPUTER CORP. 901 Canada Court City of Industry, California 91748 MICRO-STAR INTERNATIONALCO., LTD. No. 69, Li-De St. Jung-He City, Taipei Hsien Taiwan, ROC PALIT MULTIMEDIA INC. 1920 O’Toole Way San Jose, California 9 x 3 1 PALIT MICROSYSTEMS LTD. 21F, 88, Sec. 2, Chung Hsiao E. Rd., Taipei, Taiwan, ROC (Continued ...)

PINE TECHNOLOGY HOLDINGS, LTD. Units 5507-10 Hopewell Centre 183 Queen’s Road East Hong Kong SPARKLE COMPUTER CO., LTD. 13F, No. 2,Sec 1 Fu Hsing S.Rd. Taipei, Taiwan, ROC

TABLE OF CONTENTS I.

INTRODUCTION ..............................................................................................................

1

I1.

BACKGROUND OF THE TECHNOLOGY .....................................................................

4

I11.

COMPLAINANT RAMBUS .............................................................................................

6

IV .

PROPOSED RESPONDENTS AND PROOF OF IMPORTATION.................................

8

A.

B.

NVIDIA .................................................................................................................. 1.

NVIDIA’s Accused Products......................................................................

2.

Proof of Importation .................................................................................

RESPONDENTS INCORPORATING NVIDIA’S ACCUSED PRODUCTS.......................................................................................................... 1.

2.

3.

4.

6.

7.

8 11 12

Asustek Computer Inc. and Asus Computer International Inc................. 12 a)

Asus’s Accused Products ..............................................................

13

b)

Proof of Importation .....................................................................

15

BFG Technologies Inc..............................................................................

16

a)

BFG’s Accused Products ..............................................................

16

b)

Proof of Importation .....................................................................

18

Biostar Microtech (U.S.A.) Corp. and Biostar Microtech International Corp.....................................................................................

18

a)

Biostar’s Accused Products ..........................................................

19

b)

Proof of Importation .....................................................................

22

Diablotek Inc.............................................................................................

23

Diablotek’s Accused Products ......................................................

23

Proof of Importation ..................................................................... b) EVGA Corp..............................................................................................

25

a)

EVGA’s Accused Products ...........................................................

26

b)

Proof of Importation .....................................................................

28

a)

5.

8

25

G.B.T. Inc. and Giga-Byte Technology Co., Ltd ......................................

29

a)

Gigabyte’s Accused Products .......................................................

29

b)

Proof of Importation .....................................................................

33

Hewlett-Packard Company .......................................................................

33

8.

9.

10.

11.

a)

HP’s Accused Products .................................................................

34

b)

Proof of Importation .....................................................................

36

MSI Computer Corp. and Micro-Star International Co., Ltd ................... 37 a)

MSI’s Accused Products ...............................................................

37

b)

Proof of Importation .....................................................................

40

Palit Multimedia Inc. and Palit Microsystems Ltd ...................................

41

a)

Palit’s Accused Products ...............................................................

41

b)

Proof of Importation .....................................................................

43

Pine Technology Holdings Ltd .................................................................

44

a)

Pine’s Accused Products ...............................................................

45

b)

Proof of Importation .....................................................................

47

Sparkle Computer Co., Ltd .......................................................................

48

Sparkle’s Accused Products ..........................................................

48

Proof of Importation ..................................................................... b) THE ASSERTED PATENTS ...........................................................................................

50 51

THE WARE PATENTS .......................................................................................

51

1.

Non-Technical Description of the Ware Patents ......................................

51

2.

U.S. PATENT NO . 7.177. 998 ..................................................................

52

a)

Identification and Ownership of the ’998 Patent ..........................

52

b)

Unfair Acts by the Proposed Respondents With Respect to the ’998 Patent ..............................................................................

53

U.S. PATENT NO . 7.210. 016 ..................................................................

66

a)

Identification and Ownership of the ’016 Patent ..........................

66

b)

Unfair Acts by the Proposed Respondents With Respect to the ’016 Patent ..............................................................................

67

4.

Foreign Counterparts of the Ware Patents ................................................

80

5.

Licenses to the Ware Patents ....................................................................

80

a) V.

A.

3.

B.

THE BARTH I PATENTS ...................................................................................

81

1.

Non-Technical Description of the Barth I Patents ....................................

81

2.

U.S. Patent No . 6.470. 405 .........................................................................

81

a)

Identification and Ownership of the ’405 Patent ..........................

81

b)

Unfair Acts by the Proposed Respondents With Respect to the ’405 Patent .............................................................................. ..

82

11

U.S. Patent No . 6.591. 353.........................................................................

98

a)

Identification and Ownership of the '353 Patent ..........................

98

b)

Unfair Acts by the Proposed Respondents With Respect to the '353 Patent ..............................................................................

99

U.S. Patent No . 7,287, 109.......................................................................

114

a)

Identification and Ownership of the ' 109 Patent ........................

114

b)

Unfair Acts by the Proposed Respondents With Respect to the ' 109 Patent ............................................................................

115

5.

Foreign Counterparts of the Barth I Patents ...........................................

130

6.

Licenses to the Barth I Patents ................................................................

131

3.

4.

C.

THE BARTH I1 PATENTS ................................................................................

131

1.

Non-Technical Description of the Barth I1 Patents .................................

132

2.

U.S. Patent No . 7.287. 119.......................................................................

132

a)

Identification and Ownership of the 119 Patent ........................

132

b)

Unfair Acts by the Proposed Respondents With Respect to the 119 Patent ............................................................................

133

3.

.

.

U.S. PATENT NO . 7.330. 952 ................................................................

149

a)

Identification and Ownership of the '952 Patent ........................

149

b)

Unfair Acts by the Proposed Respondents With Respect to the '952 Patent ............................................................................

150

U.S . PATENT NO . 7.330. 953 ................................................................

165

a)

Identification and Ownership of the '953 Patent ........................

165

b)

Unfair Acts by the Proposed Respondents With Respect to the '953 Patent ............................................................................

166

U.S. PATENT NO . 7.360. 050 ................................................................

181

a)

Identification and Ownership of the '050 Patent ........................

181

b)

Unfair Acts by the Proposed Respondents With Respect to the '050 Patent ............................................................................

183

6.

Foreign Counterparts to the Barth I1 Patents ..........................................

198

7.

Licenses to the Barth I1 Patents ..............................................................

198

VI .

HARMONIZED TARIFF SCHEDULE INFORMATION............................................

198

VI1.

DOMESTIC INDUSTRY ...............................................................................................

198

4.

5.

VI11. RELATED PROCEEDINGS ..........................................................................................

...

111

199

A.

Related Litigations ..............................................................................................

199

B.

Related Oppositions ............................................................................................

200

IX.

GENERAL EXCLUSION ORDER ................................................................................

201

X.

RELIEF ...........................................................................................................................

201

iv

TABLE OF EXHIBITS Exhibit

Description

1

Certified Copy of U.S. Patent No. 7,177,998

2

Certified Copy of U.S. Patent No. 7,210,016

3

Certified Copy of Assignment for U.S. Patent Nos. 7,177,998 and 7,210,016

4

Claim Charts: Infringement of U.S. Patent No. 7,177,998 by Respondents’ Accused DDR3 Products

5

Claim Charts: Infringement of U.S. Patent No. 7,210,016 by Respondents’ Accused DDR3 Products Certified Copy of U.S. Patent No. 6,470,405 Certified Copy of U.S. Patent No. 6,591,353 Certified Copy of U.S. Patent No. 7,287,109 Certified Copy of Assignment for U.S. Patent Nos. 6,470,405; 6,591,353; and 7,287,109

10A-C

Claim Charts: Infringement of U.S. Patent No. 6,470,405 by Respondents’ Accused DDR3, GDDR3, and DDR2 Products

11A-C

Claim Charts: Infringement of U.S. Patent No. 6,591,353 by Respondents’ Accused DDR3,GDDR3, and DDR2 Products

12A-C

Claim Charts: Infringement of U.S. Patent No. 7,287,109 by Respondents’ Accused DDR3, GDDR3, and DDR2 Products

13

Certified Copy of U.S. Patent No. 7,287,119

14

Certified Copy of U.S. Patent No. 7,330,952

15

Certified Copy of U.S. Patent No. 7,330,953

16

Certified Copy of U.S. Patent No. 7,360,050

17

Certified Copy of Assignment for U.S. Patent Nos. 7,287,119; 7,330,952; 7,330,953; and 7,360,050

18A-B

Claim Charts: Infringement of U.S. Patent No. 7,287,119 by Respondents’ Accused DDR3 and DDR2 Products

19A-B

Claim Charts: Infringement of U.S. Patent No. 7,330,952 by Respondents’ Accused DDR3 and DDR2 Products

20A-B

Claim Charts: Infringement of U.S. Patent No. 7,330,953 by Respondents’ Accused DDR3 and DDR2 Products

21A-B

Claim Charts: Infringement of U.S. Patent No. 7,360,050 by Respondents’ Accused DDR3 and DDR2 Products V

TABLE OF EXHIBITS Exhibit

Description

22A-E

Documents on NVIDIA Products

23A-D

Documents Showing Proof of Importation by NVIDIA

24A-B

Documents on Asus Products

25A-B

Documents Showing Proof of Importation by Asus

26A-B

Documents on BFG Products

27A-B

Documents on Biostar Products

28A-B

Documents Showing Proof of Importation by Biostar

29

Documents on Diablotek’s Products

30A-B

Documents Showing Proof of Importation by Diablotek

3 SA-B

Documents on EVGA’s Products

32A-B

Documents Showing Proof of Importation by EVGA

33A-B

Documents on Gigabyte’s Products

34A-B

Documents Showing Proof of Importation by Gigabyte

35

Documents on HP’s Products

36A-C

Documents Showing Proof of Importation by HP

37A-D

Documents on MSI’s Products

38A-B

Documents Showing Proof of Importation by MSI

39A-B

Documents on Palit’s Products

40A-B

Documents Showing Proof of Importation by Palit

4 S A-E

Documents on Pine’s Products

42

Documents Showing Proof of Importation by Pine

43

Documents on Sparkle’s Products

44A-B

Documents Showing Proof of Importation by Sparkle

45A-F

JEDEC Standards for SDRAM, DDR, DDR2, DDR3, GDDR2, and GDDR3

46

CONFIDENTIAL - Identification of Licensees

47

CONFIDENTIAL - Identification of Rambus’s Domestic Industry

vi

TABLE OF APPENDICES Appendix

Description

A1

Prosecution History of U.S. Patent No. 6,675,272

A2

Certified Copy of Prosecution History of U.S. Patent No. 7,177,998

A3

Prosecution History of U.S. Patent No. 7,209,397

A4

Certified Copy of Prosecution History of U.S. Patent No. 7,210,016

A5

Prosecution History of U.S. Patent No. 7,225,292

A6

Prosecution History of U.S. Patent No. 7,225,311

B1

Prosecution History of U.S. Patent No. 5,748,914

B2

Prosecution History of U.S. Patent No. 6,122,688

B3

Certified Copy of Prosecution History of U.S. Patent No. 6,470,405

B4

Certified Copy of Prosecution History of U.S. Patent No. 6,591,353

B5

Prosecution History of U.S. Patent No. 6,810,449

B6

Prosecution History of U.S. Patent No. 6,931,467

B7

Certified Copy of Prosecution History of U.S. Patent No. 7,287,109

c1

Prosecution History of U.S. Provisional Application No. 60/061,770

c2

Prosecution History of U.S. Patent No. 6,401,167

c3

Prosecution History of U.S. Patent No. 6,868,474

c4

Prosecution History of U.S. Patent No. 7,197,611

c5

Certified Copy of Prosecution History of U.S. Patent No. 7,287,119

C6

Certified Copy of Prosecution History of U.S. Patent No. 7,330,952

c7

Certified Copy of Prosecution History of U.S. Patent No. 7,330,953

C8

Certified Copy of Prosecution History of U.S. Patent No. 7,360,050

D

Copies of References from Prosecution Histories of the Asserted Patents

vii

I.

INTRODUCTION 1.

Rambus Inc. (“Rambus” or “Complainant”) files this Complaint pursuant to

Section 337 of the Tariff Act of 1930, 19 U.S.C.

8 1337 (“Section 337”) based on the unlawful

importation into the United States, the sale for importation, and/or the sale within the United States after importation of certain semiconductor chips having synchronous dynamic random access memory controllers and products containing the same, including graphics cards and motherboards (hereinafter collectively referred to as “Accused Products”). 2.

Rambus is one of the world’s leading designers of semiconductor memory

interface technologies that are used in a broad range of consumer, computing, and communications applications.

In addition to the development of high-speed interfaces,

Rambus’s breakthrough technology and unparalleled engineering expertise have solved the most challenging interface problems and have brought industry-leading products to market. Rambus’s interface solutions have enabled state-of-the-art performance in many products, such as personal computers, workstations, servers, gaming consoles, digital TVs, set-top boxes, printers, video projectors, network switches, and routers. 3.

Many of Rambus’s patented inventions are directed to synchronous memory

devices, controllers for controlling such memory devices, and systems that include such controllers and memory devices. 4.

Rambus has licensed its technologies to a wide variety of companies that have

incorporated them into their products. The Rambus patents asserted in this Complaint are important to Rambus’s licensing efforts and are licensed to a number of companies in the semiconductor industry. 5.

Notwithstanding that Rambus’s patents cover revolutionary and fundamental

technology and that many companies are paying to use Rambus’s technology, some still seek to 1

take advantage of Rambus’s patented technology by unlawfully and without a license importing, selling for importation, and/or selling after importation infringing memory controllers and/or products containing such memory controllers. Through this Complaint, Rambus seeks an investigation by the ITC to address certain of those unlawful activities.

6.

The proposed Respondents to this Complaint are NVIDIA Corporation

(“NVIDIA”), Asustek Computer Inc. and Asus Computer International h c . (collectively “Asus”), BFG Technologies, Inc (“BFG’), Biostar Microtech (U.S.A.) Corp. and Biostar Microtech International Corp. (collectively “Biostar”), Diablotek Inc. (“Diablotek”), EVGA Corp. (“EVGA”), G.B.T. Inc. and Giga-Byte Technology Co., Ltd. (collectively “Gigabyte”), Hewlett-Packard Co. (“HI”’), MSI Computer Corp. and Micro-Star International Co., Ltd. (collectively “MSI”), Palit Multimedia Inc. and Palit Microsystems Ltd. (collectively “Palit”), Pine Technology Holdings, Ltd. (“Pine”), and Sparkle Computer Co., Ltd. (“Sparkle”), which are collectively referred to as “Respondents.” 7.

The Accused Products in this investigation are products that incorporate double

data rate (“DDR”) memory controllers, including low power DDR (“LPDDR,) memory controllers; DDRx memory controllers, where DDRx includes at least double data rate two (“DDR2”) memory controllers and double data rate three (“DDR3”) memory controllers; graphics double data rate (“GDDR,) memory controllers; and GDDRy memory controllers, where GDDRy includes at least graphics double data rate two (“GDDR2”) and graphics double data rate three (“GDDR3”) memory controllers, including chips, cards, motherboards, computers, and systems incorporating the same, imported, sold for importation, or sold in products after importation by Respondents.

2

8.

Among others, NVIDIA sells its products to the other Respondents, which then

incorporate those products into at least their graphics card, motherboard, and computer products. Each of the other Respondents utilize at least one of the NVIDIA products. 9.

The Accused Products include or incorporate one or more of at least the following

NVIDIA series of products: GeForce, Quadro, nForce, Tesla, and Tegra. Upon information and belief, discovery will show that Respondents import, sell for importation, or sell after importation other infringing products. 10.

Rambus asserts infringement by Respondents of claims of the following patents:

U.S. Patent No. 7,177,998 (“the ’998 patent”), U.S. Patent No. 7,210,016 (“the ’016 patent”), U.S. Patent No. 6,470,405 (“the ’405 patent”), U.S. Patent No. 6,591,353 (“the ’353 patent”), U S . Patent No. 7,287,109 (“the ’109 patent”), U.S. Patent No. 7,287,119 (the ’ 119 patent”), U.S. Patent No. 7,330,952 (“the ’952 patent”), U.S. Patent No. 7,330,953 (“the ’953 patent”), and U.S. Patent No. 7,360,050 (“the ,050 patent”) (collectively referred to as “the Asserted Patents”). 11.

The Accused Products infringe at least: claims 7, 13, 21, and 22 of the ’998

patent, claims 7, 13, 21, and 22 of the ’016 patent, claims 11-13, 15, and 18 of the ’405 patent, claims 11-13 of the ’353 patent, claims 1-6, 11-13, 20-22, and 24 of the ’109 patent, claims 21 and 22 of the ’ 119 patent, claims 21, 22 and 24 of the ’952 patent, claim 25 of the ’953 patent, and claims 29 and 3 1 of the ’050 patent. 12.

Rambus is the owner of the Asserted Patents and seeks as permanent relief a

general exclusion order order excluding from entry into the United States all semiconductor chips that include memory controllers that are imported into the United States, sold for importation, and/or sold within the United States after importation which infringe one or more of the claims of the Asserted Patents, and all products containing NVIDIA’s infringing

3

semiconductor chips. Rambus also seeks a cease and desist order pursuant to Section 337(f) directing the Respondents to immediately discontinue the importation into the United States, sale for importation into the United States, and sale in the United States after importation of the accused infringing semiconductor chips and products containing the same. Rambus also requests that the cease and desist order direct Respondents to immediately cease the demonstration, sale, use, and movement or shipment of United States inventory including the accused infringing semiconductor chips and products containing the same. 13.

There is a pattern of violation of 19 U.S.C. 9 1337 and it is difficult to identify all

importers of accused infringing products. Complainant has been able to identify a substantial number of entities worldwide involved in manufacture, sale for importation, or sale after importation of accused infringing products and has identified a number of entities about which it has substantial evidence of importation of infringing products into the United States. On information and belief, other entities are importing or are capable of importing infringing products into the United States. Because the identity of numerous, unnamed infringers is difficult if not impossible to determine, a general exclusion order is necessary to fully protect Complainant.

11.

BACKGROUND OF THE TECHNOLOGY 14.

The Asserted Patents are generally directed to memory controllers and memory

devices, which are used, for example, in computing applications. The main memory of a computer, which normally includes many memory devices, stores information that is actively utilized by the central processing unit (CPU or processor). Information in longer-term storage devices, such as the hard drive, is retrieved into main memory and is then accessed by the CPU. The information can be retrieved using a memory controller. The controller interfaces with the

4

main memory and the longer-term storage devices so that the appropriate data can be processed by the CPU. 15.

The main memory is typically made up of “random access memory” (RAM), that

is, memory in which any memory location can be accessed as readily as any other. One type of RAM, dynamic random access memory (DRAM), is the prevalent type of memory found in personal computers, servers, and in other products such as gaming consoles, graphic cards, cell phones, and hand held devices. DRAMs store each bit of data in a separate capacitor. DRAMs are “dynamic” because the capacitors leak charge and must be periodically refreshed to keep them from losing data. 16.

Prior to the 1 9 9 0 ’ ~DRAMs ~ operated asynchronously in that read and write

operations were not conducted with reference to a system clock. In April 1990, Professors Michael Farmwald and Mark Horowitz, who formed Rambus, filed a patent application describing, among other things, a new kind of memory-a that enhance the performance of that memory-and

synchronous memory with features

a new kind of memory controller for

controlling the memory. A synchronous memory device, unlike asynchronous DRAMs, receives

an external clock signal. This external clock signal is a periodic signal from a source external to the memory device to provide timing information. Synchronous memory devices input and output data based on the clock signal. For example, such devices may input and output data based on only one edge (e.g., rising edge) of the clock signal or both edges (i.e., rising and falling edges) of the clock signal. Using both edges of the clock signal allows for data transfer at twice the rate of the clock signal and is thus referred to as double data rate (DDR). 17.

Synchronous memory devices come in several types, including SDRAMs

(synchronous DRAMs), DDR SDRAMs (double data rate synchronous DRAMs), DDR2

5

SDRAMs (double data rate two synchronous DRAMs), DDR3 SDRAMs (double data rate three synchronous DRAMs), GDDR SDRAMs (graphics double data rate synchronous DRAMs), GDDR2 SDRAMs (graphics double data rate two synchronous DRAMs), GDDR3 SDRAMs (graphics double data rate three synchronous DRAMs), GDDR4 SDRAMs (graphics double data rate four synchronous DRAMs), and GDDR5 SDRAMs (graphics double data rate five synchronous DRAMs). Memory controllers for controlling each of these synchronous memory devices have also been developed. Standards have been developed specifying the requirements for and operation of these devices. For instance, a standard has been developed for SDRAM memory devices and various companies offer memory devices and memory controllers that comply with that standard. Similarly, standards have been developed for, for example, DDR, DDR2, DDR3, GDDR2, and GDDR3 memory devices and various companies offer memory devices and memory controllers that comply with those standards. (See Exhibits 45A-F.)

111.

COMPLAINANT RAMBUS 18.

Complainant Rambus is a Delaware corporation with its principal place of

business at 4440 El Camino Real, Los Altos, California. 19.

Rambus is a technology leader in memory interface solutions that enable higher

performance and system bandwidth for a broad range of electronic, computing, and networking applications for consumers and businesses. Rambus’s interface products and technology enable state-of-the-art performance for users of many products, such as personal computers, video game consoles, printers, digital TVs, set-top boxes, video projectors, network switches, and routers. 20,

Rambus designs, develops, markets, and licenses its high speed interface

technology. Since Rambus was founded in 1990, it has pioneered new technology for greatly improving the speed and efficiency of memory.

Rambus’s inventions have included new

memory devices, new controllers for controlling such memory devices, and new systems

6

incorporating those memory devices and memory controllers. For instance, as discussed above, in April 1990, Rambus filed a patent application describing, among other things, synchronous memory devices. 21.

Rambus has continued to develop other inventions, including those disclosed in

the Asserted Patents. For example, the '998 and '016 patents teach, among other things, a memory controller that delays signals to or from a memory device based on at least the time required for a timing signal to propagate to the memory device, resulting in increased efficiency. The '405, '353, and '109 patents teach, among other things, using a strobe signal to improve data rates and efficiency of a system. And the '1 19, '952, '953, and '050 patents teach, among other things, delaying a command to reduce or eliminate the time during which the bus is not being utilized, resulting in improved scheduling. 22.

As explained in more detail below in Section VII, Rambus has made large-scale

investments in the exploitation of its technology and a large number of companies have paid for licenses to the Asserted Patents. Rambus has granted licenses of varying scope to its technology to many of the world's largest semiconductor manufacturers. To date, Rambus has granted licenses of varying scope of the Asserted Patents to many companies, yielding significant licensing fees and on-going royalties. (See Confidential Exhibits 46-47.) 23.

Since 1990, Rambus has spent millions of dollars on research and development of

its valuable technology. Rambus relies on the United States patent system to protect the technology resulting from its research and development. Rambus's continued success depends on its research and development of memory interface solutions, as well as the protection of its intellectual property for its highly reliable technology. As of November 4, 2008, on information and belief, Rambus owns 582 issued U.S. patents, with an additional 304 U.S. patent applications

7

currently pending. By licensing various aspects of the intellectual property that is core to Rambus’s technology, Rambus’s many present licensees, which make up an important part of the semiconductor industry, have acknowledged Rambus’s leadership in the industry.

IV.

PROPOSED RESPONDENTS AND PROOF OF IMPORTATION A. 24.

NVIDIA Upon information and belief, Respondent NVIDIA is a Delaware corporation

with its principal place of business at 2701 San Tomas Expressway, Santa Clara, California. 25.

Upon information and belief, NVIDIA designs, imports, and sells graphics

processors, media communication processors, and multimedia applications processors. (See Exhibits 22A-E.) These processors may be used in many products, such as servers, workstations, desktop Computers, notebook computers, handheld devices, and consumer electronics. 26.

NVIDIA does not have a license to utilize Rambus’s patented technology to

make, assemble, use, sell, offer to sell, or import infringing memory controllers, and is not paying a royalty for its infringing manufacture, assembly, use, sale, offer for sale, or importation of Rambus’s patented technology in its memory controllers and products containing the same.

1. NVIDIA’s Accused Products 27.

NVIDIA’s Accused Products include products that include DDR memory

controllers, DDRx memory controllers (where DDRx includes at least DDR2 and DDR3), GDDR memory controllers, and/or GDDRy memory controllers (where GDDRy includes at least GDDR2 and GDDR3 memory controllers), including chips, cards, motherboards, computers, and systems incorporating the same, imported, sold for importation, or sold in products after importation by NVIDIA. 28.

NVIDIA’s Accused Products include at least NVIDIA’s GeForce series (see

Exhibit 22A), including: 8

a.

the GeForce 7 series, which includes DDR2 and/or GDDR3

memory controllers; b.

the GeForce 8 series, which includes DDR2, GDDR2,

and/or GDDR3 memory controllers; C.

the GeForce 9 series, which includes DDR2 and/or GDDR3

memory controllers; d.

the GeForce 200 series, which includes GDDR3 memory

controllers; e.

the GeForce 8M, which includes DDR2 and/or GDDR3

memory controllers;

f.

the GeForce Go 6 series, which includes DDR, DDR2,

and/or GDDR3 memory controllers; g.

the GeForce Go 7 series, which includes DDR2, GDDR,

and/or GDDR3 memory controllers; h.

the GeForce 7 15OWnForce 630M and 7000M/nForce

6 10M, which include DDR2 memory controllers, and 1.

the GeForce Go 6150/nForce Go 430 and Go 6100/nForce

Go 430, which include DDR, DDR2, and/or GDDR3 memory controllers. 29.

NVIDIA’s Accused Products also include at least NVIDIA’s Quadro series (see

Exhibit 22B), including: a.

the Quadro Plex VCS series, which includes GDDR3

memory controllers;

9

b.

the Quadro FX series, which includes DDR2, GDDR2

and/or GDDR3 memory controllers; c.

the Quadro FX Mobile series, which includes GDDR3

memory controllers; and d.

the Quadro NVS series, which includes DDR and/or DDR2

memory controllers. 30.

NVIDIA’s Accused Products further include at least NVIDIA’s nForce series (see

Exhibit 22C), including: a.

the nForce 780i SLI and 750i SLI, which include DDR2

memory controllers; b.

the nForce 790i SLI and 790i Ultra SLI, which include

DDR3 memory controllers; C.

the nForce 680i SLI, 680i LT SLI, 650i SLI, 650i Ultra,

and 630i, which include DDR2 memory controllers; and d.

the nForce 570 SLI and 590 SLI, which include DDR2

memory controllers. 31.

NVIDIA’s Accused Products also include at least NVIDIA’s Tesla series,

including the C1060 and S1070, which include GDDR3 memory controllers. (See Exhibit 22D.) 32.

NVIDIA’s Accused Products also include at least NVIDIA’s Tegra series, which

includes LPDDR memory controllers. (See Exhibit 22E.) 33.

NVIDIA’s Accused Products also include any other products that include a DDR,

DDRx (where DDRx includes at least DDR2 and DDR3), GDDR, and/or GDDRy (where GDDRy includes at least GDDR2 and GDDR3) memory controller.

10

34.

Upon information and belief, the following are representative infringing products:

the nForce 790i Ultra SLI, which includes a DDR3 memory controller, the GeForce 8800 GT, which includes a GDDR3 memory controller, and the GeForce 9800 GTX, which includes a GDDR3 memory controller. (See Exhibits 22A, 22C.) These, along with other products identified later in this Complaint, are hereinafter referred to as “Representative Accused Products.”

2. Proof of Importation 35.

On or around June 2, 2008, a Rambus representative purchased several imported

NVIDIA memory controller products from a retailer in the United States. On or around October 24, 2008, a Rambus representative purchased another imported NVIDIA memory controller product in the United States. The purchase made on or around October 24, 2008 was made from NVIDIA’s website (nvidia.com). Exhibit 23A is a series of copies of receipts for the purchases of NVIDIA products made on or around June 2,2008 and October 24, 2008, including some of the Representative Accused Products. 36.

Exhibit 23B is a series of photographs of the NVIDIA nForce 790i Ultra SLI

motherboard purchased on or around June 2, 2008.

Upon information and belief, these

photographs show an NVIDIA product that bears a country of origin marking of Taiwan and includes a DDR3 memory controller. The motherboard is identified as being made in China. DDR3 memory was added to the NVIDIA nForce 790i Ultra SLI motherboard. 37.

Exhibit 23C is a series of photographs of the GeForce 9800 GTX card purchased

on or around June 2, 2008. Upon information and belief, these photographs show an NVIDIA graphics processing unit (“GPU”) that bears a country of origin marking of Taiwan and includes a GDDR3 memory controller. The card is identified as being made in China and includes GDDR3 memory. 11

38.

Exhibit 23D is a series of photographs of the NVIDIA GeForce 8800 GT

purchased on or around October 24,2008, Upon information and belief, these photographs show

an NVIDIA product that bears country of origin markings of Taiwan and includes a GDDR3 memory controller. The card is identified as being made in China and includes GDDR3 memory.

B. RESPONDENTS INCORPORATING NVIDIA’S ACCUSED PRODUCTS 39.

Each of the following Respondents incorporates at least one of NVIDIA’s

Accused Products into its products. Those products are then imported, sold for importation, or sold in products after importation by the Respondents.

1. Asustek Computer Inc. and Asus Computer International Inc. 40.

Upon information and belief, Respondent Asustek Computer Inc. is a public

company limited by shares registered in Taiwan with its principal place of business at 15, Li Teh Rd., Taipei City, Taiwan 11259. Upon information and belief, Respondent Asus Computer International Inc. is a California corporation and a wholly-owned subsidiary of Asustek Computer Inc. with its principal place of business at 800 Corporate Way, Fremont, California 94539. These Respondents are collectively referred to as “Asus.” 41.

Upon information and belief, Asus designs, imports, and sells graphics cards and

motherboards incorporating NVIDIA products. (See Exhibits 24A-B.) These products may be used in many other products, such as servers, workstations, and desktop computers. 42.

Asus does not have a license to utilize Rambus’s patented technology to make,

assemble, use, sell, offer to sell, or import infringing memory controllers, and is not paying a royalty for its infringing manufacture, assembly, use, sale, offer for sale, or importation of Rambus’s patented technology in its memory controllers and products containing the same.

12

a) ASUS’SAccused Products 43.

Asus’s Accused Products include products with DDRx memory controllers

(where DDRx includes at least DDR2 and DDR3) and/or GDDRy memory controllers (where GDDRy includes at least GDDR3), imported, sold for importation, or sold in products after importation by Asus. 44.

Asus’s Accused Products include graphics cards with at least NVIDIA’s GeForce

series (see Exhibit 24A), including: a. the GeForce 6200LE, which includes DDR2 memory controllers; b. the GeForce 7100GS, which includes DDR2 memory controllers; c. the GeForce 7900GS, which includes DDR3 memory controllers; d. the GeForce 7950GT, which includes DDR3 memory controllers; e. the GeForce 8400GS, which includes DDR2 memory controllers;

f. the GeForce 8500GT, which includes DDR3 memory controllers; g. the GeForce 8600GT, which includes DDR3 memory controllers; h. the GeForce 8800GS, which includes DDR3 memory controllers; i. the GeForce 8800GT, which includes DDR3 memory controllers; j.

the GeForce 8800GTS, which includes DDR3 memory controllers;

k. the GeForce 8800GTX, which includes DDR3 memory controllers;

1. the GeForce 9500GT, which includes DDR2 memory controllers; m. the GeForce 9600GS0, which includes DDR2 memory controllers;

n. the GeForce 9600GT, which includes DDR3 memory controllers; 0.

the GeForce 9800GT, which includes at least DDR3 and/or GDDR3 memory controllers;

p. the GeForce 9800GTX, which includes DDR3 memory controllers; 13

q. the GeForce 9800GTX+, which includes DDR3 memory controllers; r. the GeForce 9800GX2, which includes DDR3 memory controllers; and s. the GeForce GTX 280, which includes DDR3 memory controllers. 45.

Asus’s Accused Products also include motherboards with at least NVIDIA’s

GeForce and/or nForce series (see Exhibit 24B), including: a. the GeForce 6 100, which includes DDR2 memory controllers;

b. the GeForce 7050, which includes DDR2 memory controllers; c. the GeForce 7 100, which includes DDR2 memory controllers; d. the GeForce 8200, which includes DDR2 memory controllers; e. the GeForce 8300, which includes DDR2 memory controllers; f. the nForce 430, which includes DDR2 memory controllers;

g . the nForce 560 SLI, which includes DDR2 memory controllers; h. the nForce 570 SLI, which includes DDR2 memory controllers; i. the nForce 570 Ultra, which includes DDR2 memory controllers; j. the nForce 590 SLI, which includes DDR2 memory controllers;

k. the nForce 610i, which includes DDR2 memory controllers; 1. the nForce 630i, which includes DDR2 memory controllers; m. the nForce 650i SLI, which includes DDR2 memory controllers; n. the nForce 680a SLI, which includes DDR2 memory controllers; 0.

the nForce 730a, which includes DDR2 memory controllers;

p. the nForce 750a SLI, which includes DDR2 memory controllers;

q, the nForce 750i SLI, which includes DDR2 memory controllers; r. the nForce 780a SLI, which includes DDR2 memory controllers;

14

s. the nForce 780i SLI, which includes DDR2 memory controllers; t. the nForce 790i SLI, which includes DDR3 memory controllers; u. the nForce 790i Ultra SLI, which includes DDR3 memory controllers; and v. the nForce Dual PCI-E x16, which includes DDR2 memory controllers. 46.

Asus’s Accused Products also include any other products that incorporate

NVIDIA products comprising a DDR, DDRx (where DDRx includes at least DDR2 and DDR3), GDDR, and/or GDDRy (where GDDRy includes at least GDDR2 and GDDR3) memory controller. 47.

Upon information and belief, the following is representative of Asus’s infringing

products: the Asus EN9800GT MT/HTDI/5 12M GeForce 9800GT graphics card, which includes an NVIDIA GeForce 9800GT product with at least a GDDR3 memory controller. (See Exhibit

25B.) Upon information and belief, Asus also imports graphics cards and motherboards with at least one of the following types of memory controllers: DDR, DDR2, DDR3, GDDR and/or GDDR2.

b) Proof of Importation 48.

On or around October 24, 2008, a Rambus representative purchased an imported

Asus product from an on-line retailer in the United States. Exhibit 25A contains a copy of a receipt for the purchase of that product, an Asus EN9800GT MT/HTDI/512M GeForce 9800GT graphics card, which is one of the Representative Accused Products. Exhibit 25A also shows that the Asus EN9800GT MT/HTDI/512M GeForce 9800GT graphics card was shipped from a location in the United States. 49.

Exhibit 25B is a series of photographs of the Asus EN9800GT MT/HTDI/512M

GeForce 9800GT graphics card purchased on or about October 24,2008. Upon information and belief, these photographs show an NVIDIA GPU that bears a country of origin marking of 15

Taiwan and includes a GDDR3 memory controller. The card is identified as being made in China and includes GDDR3 memory.

2. BFG Technologies Inc. 50.

Upon information and belief, Respondent BFG Technologies Inc. is an Illinois

corporation with its principal place of business at 28690 Ballard Dr., Lake Forest, IL 60045. 51.

Upon information and belief, BFG designs, imports, and sells graphics cards and

motherboards incorporating NVIDIA products. (See Exhibits 26A-B.) These products may be used in many products, such as servers, workstations, and desktop computers. 52.

BFG does not have a license to utilize Rarnbus’s patented technology to make,

assemble, use, sell, offer to sell, or import infringing memory controllers, and is not paying a royalty for its infringing manufacture, assembly, use, sale, offer for sale, or importation of Rambus’s patented technology in its memory controllers and products containing the same.

a) BFG’s Accused Products 53.

BFG’s Accused Products include products with DDR memory controllers, DDRx

memory controllers (where DDRx includes at least DDR2) and/or GDDRy memory controllers (where GDDRy includes at least GDDR3 memory controllers), imported, sold for importation, or sold in products after importation by BFG. 54.

BFG’s Accused Products include graphics cards with at least NVIDIA’s GeForce

series (see Exhibit 26A), including: a. the GeForce 6200, which includes DDR memory controllers; b. the GeForce 7300GS, which includes DDR2 memory controllers; c. the GeForce 7300GT, which includes DDR2 memory controllers; d. the GeForce 7600GS, which includes DDR2 memory controllers; e. the GeForce 7600GT, which includes GDDR3 memory controllers; 16

f. the GeForce 8500GT, which includes DDR2 memory controllers;

g. the GeForce 8600GT, which includes GDDR3 memory controllers; h. the GeForce 8600GTS, which includes GDDR3 memory controllers; i. the GeForce 8800 Ultra, which includes GDDR3 memory controllers; j.

the GeForce 8800GT, which includes GDDR3 memory controllers;

k. the GeForce 8800GTS, which includes GDDR3 memory controllers; 1. the GeForce 8800GTX, which includes GDDR3 memory controllers; m. the GeForce 9400GT, which includes DDR2 memory controllers; n. the GeForce 9500GT, which includes DDR2 memory controllers; 0.

the GeForce 9600GS0, which includes GDDR3 memory controllers;

p. the GeForce 9600GT, which includes GDDR3 memory controllers;

q. the GeForce 9800GT, which includes GDDR3 memory controllers; r. the GeForce 9800GTX, which includes GDDR3 memory controllers; s. the GeForce 9800GTX+, which includes GDDR3 memory controllers; t. the GeForce 9800GX2, which includes GDDR3 memory controllers; u. the GeForce GTX 260, which includes GDDR3 memory controllers; and v. the GeForce GTX 280, which includes GDDR3 memory controllers.

55.

BFG’s Accused Products also include motherboards with at least NVIDIA’s

nForce series (see Exhibit 26B), including: a. the nForce 650i SLI, which includes DDR2 memory controllers; b. the nForce 680i LT SLI, which includes DDR2 memory controllers; and c. the nForce 680i SLI, which includes DDR2 memory controllers.

17

56.

BFG’s Accused Products also include any other products that incorporate

NVIDIA products comprising a DDR, DDRx (where DDRx includes at least DDR2 and DDR3), GDDR, and/or GDDRy (where GDDRy includes at least GDDR2 and GDDR3) memory controller. 57.

Upon information and belief, the following is representative of BFG’s infringing

products: the BFG GeForce 9800 GTX, which includes an NVIDIA GeForce 9800GTX product with at least a GDDR3 memory controller. (See Exhibit 23C.) Upon information and belief, BFG also imports graphics cards and motherboards with at least one of the following types of memory controllers: DDR, DDR2, DDR3, GDDR and/or GDDR2.

b) Proof of Importation 58.

On or around June 2, 2008, a Rambus representative purchased an imported BFG

product from a retailer in the United States. Exhibit 23A contains a copy of a receipt for the purchase of that product, a BFG GeForce 9800GTX graphics card, which is one of the Representative Accused Products. 59.

Exhibit 23C is a series of photographs of the BFG GeForce 9800GTX graphics

card purchased on or about June 2, 2008. Upon information and belief, these photographs show an NVIDIA product that bears a country of origin marking of Taiwan and includes a GDDR3 memory controller. The card is identified as being made in China and includes GDDR3 memory.

3. Biostar Microtech (U.S.A.) Corp. and Biostar Microtech International Corp. 60.

Upon information and belief, Respondent Biostar Microtech (U.S.A.) Corp. is a

California corporation with its principal place of business at 18551 E. Gale Ave., City of Industry, CA 9 1748. Upon information and belief, Respondent Biostar Microtech International 18

Corp. is a Taiwanese corporation with its principal place of business at 2 Fl., 108-2, Ming Chuan Road, Hsin Tien, Taiwan ROC. These Respondents are collectively referred to as “Biostar.” 61.

Upon information and belief, Biostar designs, imports, and sells graphics cards

and motherboards incorporating NVIDIA products. (See Exhibits 27A-B.) These products may be used in many products, such as servers, workstations, and desktop computers. 62.

Biostar does not have a license to utilize Rambus’s patented technology to make,

assemble, use, sell, offer to sell, or import infringing memory controllers, and is not paying a royalty for its infringing manufacture, assembly, use, sale, offer for sale, or importation of Rambus’s patented technology in its memory controllers and products containing the same.

a) Biostar’s Accused Products 63.

Biostar’s Accused Products include products with DDR memory controllers,

DDRx memory controllers (where DDRx includes at least DDR2 and DDR3), and/or GDDRy memory controllers (where GDDRy includes at least GDDR3), imported, sold for importation, or sold in products after importation by Biostar. 64.

Biostar’s Accused Products include graphics cards with at least NVIDIA’s

GeForce series (see Exhibit 27A), including: a. the GeForce 6200LE, which includes DDR2 memory controllers; b. the GeForce 6800XT, which includes DDR2 memory controllers; c. the GeForce 7100GS, which includes DDR2 and/or DDR3 memory controllers; d. the GeForce 7200GS, which includes DDR2 memory controllers; e. the GeForce 7300GS, which includes DDR2 memory controllers; f. the GeForce 7300GT, which includes DDR2 and/or DDR3 memory controllers; 19

g. the GeForce 7300LE, which includes DDR2 and/or DDR3 memory controllers; h. the GeForce 7600GS, which includes DDR2 and/or DDR3 memory controllers; i. the GeForce 7600GT, which includes DDR3 memory controllers; j. the GeForce 8400GS, which includes DDR2 memory controllers; k. the GeForce 8500GT, which includes DDR2 and/or DDR3 memory controllers; 1. the GeForce 8600GT, which includes DDR2 and/or DDR3 memory controllers; m. the GeForce 8600GTS, which includes DDR3 memory controllers; n. the GeForce 8800GT, which includes DDR3 memory controllers; 0.

the GeForce 8800GTS, which includes DDR3 memory controllers;

p. the GeForce 8800GTX, which includes DDR3 memory controllers;

q. the GeForce 9400GT, which includes DDR2 memory controllers; r. the GeForce 9500GT, which includes DDR2, DDR3, and/or GDDR3 memory controllers; s. the GeForce 9600GS0, which includes DDR3 memory controllers; and t. the GeForce 9600GT, which includes DDR3 memory controllers.

65.

Biostar’s Accused Products also include motherboards with at least NVIDIA’s

GeForce and/or nForce series (see Exhibit 27B), including: a. the GeForce 6100, which includes DDR and/or DDR2 memory controllers;

20

b. the GeForce 7025, which includes DDR2 memory controllers; c. the GeForce 7050, which includes DDR2 memory controllers; d. the GeForce 7 100, which includes DDR2 memory controllers;

e. the GeForce 8 100, which includes DDR2 memory controllers;

f. the GeForce 8200, which includes DDR2 memory controllers;

g. the nForce 2 400, which includes DDR memory controllers; h. the nForce 2 IGP, which includes DDR memory controllers; i. the nForce 2 Ultra, which includes DDR memory controllers; j. the nForce 2 Ultra 400, which includes DDR memory controllers;

k. the nForce 3 150 CK8, which includes DDR memory controllers;

1. the nForce 3 250, which includes DDR and/or DDR2 memory controllers; m. the nForce 4, which includes DDR and/or DDR2 memory controllers; n. the nForce 4 4X, which includes DDR memory controllers; 0.

the nForce 4 CKS-04 SLI, which includes DDR2 memory controllers;

p. the nForce 4 Ultra, which includes DDR and/or DDR2 memory controllers; q. the nForce 405, which includes DDR and/or DDR2 memory controllers;

r. the nForce 410, which includes DDR and/or DDR2 memory controllers; s. the nForce 430, which includes DDR2 memory controllers; t. the nForce 500, which includes DDR and/or DDR2 memory controllers; u. the nForce 500 Ultra, which includes DDR2 memory controllers; v. the nForce 520, which includes DDR2 memory controllers;

w. the nForce 520D, which includes DDR2 memory controllers;

21

x. the nForce 520LE, which includes DDR2 memory controllers; y. the nForce 550, which includes DDR2 memory controllers;

z. the nForce 560, which includes DDR2 memory controllers; aa. the nForce 610i, which includes DDR2 memory controllers; bb. the nForce 630a, which includes DDR2 memory controllers; and cc. the nForce 630i, which includes DDR2 memory controllers. 66.

Biostar’s Accused Products also include any other products that incorporate

NVIDIA products comprising a DDR, DDRx (where DDRx includes at least DDR2 and DDR3), GDDR, and/or GDDRy (where GDDRy includes at least GDDR2 and GDDR3) memory controller. 67.

Upon information and belief, the fallowing is representative of Biostar’s

infringing products: the Biostar V9503GT21 GeForce 9500GT, which includes an NVIDIA GeForce 9500GT product with at least a GDDR3 memory controller. (See Exhibit 28B.) Upon information and belief, Biostar also imports graphics cards and motherboards with at least one of the following types of memory controllers: DDR, DDR2, DDR3, GDDR and/or GDDR2.

b) Proof of Importation 68.

On or around October 24, 2008, a Rambus representative purchased an imported

Biostar product from an on-line retailer in the United States. Exhibit 28A contains a copy of a receipt for the purchase of that product, a Biostar V9503GT21 GeForce 9500GT graphics card, which is one of the Representative Accused Products. Exhibit 28A also shows that the Biostar V9503GT21 GeForce 9500GT graphics card was shipped from a location in the United States. 69.

Exhibit 28B is a series of photographs of the Biostar V9503GT21 GeForce

9500GT graphics card purchased on or about October 24, 2008. Upon information and belief, these photographs show an NVIDIA product that bears a country of origin marking of Taiwan 22

and includes a GDDR3 memory controller. The card is identified as being made in China and includes GDDR3 memory.

4. Diablotek Inc. 70.

Upon information and belief, Respondent Diablotek Inc. is a California

corporation with its principal place of business at 1421 Pedley Drive, Alhambra, CA 91803. Upon information and belief, Diablotek has headquarters located in Taiwan. If Complainant receives additional information about such a Taiwanese entity, Complainant reserves its right, as appropriate, to add that entity as a Respondent in this investigation.

71.

Upon information and belief, Diablotek designs, imports, and sells graphics cards

incorporating NVIDIA products. (See Exhibit 29.) These products may be used in many products, such as servers, workstations, and desktop computers. 72.

Diablotek does not have a license to utilize Rambus’s patented technology to

make, assemble, use, sell, offer to sell, or import infringing memory controllers, and is not paying a royalty for its infringing manufacture, assembly, use, sale, offer for sale, or importation of Rambus’s patented technology in its memory controllers and products containing the same.

a) Diablotek’s Accused Products 73.

Diablotek’s Accused Products include products with at least DDR memory

controllers and/or DDRx memory controllers (where DDRx includes at least DDR2 and DDR3), imported, sold for importation, or sold in products after importation by Diablotek. 74.

Diablotek’s Accused Products include graphics cards with at least NVIDIA’s

GeForce series (see Exhibit 29), each of which, on information and belief, includes a DDR, DDRx (where DDRx includes at least DDR2 and DDR3), GDDR, and/or GDDRy (where GDDRy includes at least GDDR2 and GDDR3) memory controller. Diablotek’s Accused products include: 23

a. the GeForce FX5200; b. the GeForce FX5500; c. the GeForce 5600XT; d. the GeForce 5700;

e. the GeForce 5700LE;

f. the GeForce 6200; g. the GeForce 6500;

h. the GeForce 6600; i. the GeForce 6600GT;

j. the GeForce 6600LE; k. the GeForce 6600VE;

1. the GeForce 6800GS;

m. the GeForce 7100GS; n. the GeForce 7200GS; 0.

the GeForce 7300GT;

p. the GeForce 7300LE;

q. the GeForce 7600GS; r. the GeForce 7600GT; s. the GeForce 7900GS; t. the GeForce 8400GS;

u. the GeForce 8500GT; v. the GeForce 8600GT;

w. the GeForce 8800GT; and

24

x. the GeForce 9600GT. 75.

Diablotek’s Accused Products also include any other products that incorporate

NVIDIA products comprising a DDR, DDRx (where DDRx includes at least DDR2 and DDR3), GDDR, and/or GDDRy (where GDDRy includes at least GDDR2 and GDDR3) memory controller. 76.

Upon information and belief, the following is representative of Diablotek’s

infringing products: the Diablotek GeForce 7300GT graphics card, which includes an NVIDIA GeForce 7300GT product with at least a DDR2 memory controller. (See Exhibit 30B.) Upon information and belief, Diablotek also imports graphics cards with at least one of the following types of memory controllers: DDR, DDR3, GDDR, GDDR2, and/or GDDR3.

b) Proof of Importation 77.

On or around October 24, 2008, a Rambus representative purchased an imported

Diablotek product from an on-line retailer in the United States. Exhibit 30A contains a copy of a receipt for the purchase of that product, a Diablotek GeForce 7300GT graphics card, which is one of the Representative Accused Products. Exhibit 30A also shows that the Diablotek GeForce 7300GT graphics card was shipped from a location in the United States. 78.

Exhibit 30B is a series of photographs of the Diablotek GeForce 7300GT graphics

card purchased on or about October 24, 2008. Upon information and belief, these photographs show an NVIDIA GPU that bears a country of origin marking of Taiwan and includes a DDR2 memory controller. The card is identified as being made in China and includes DDR2 memory. 5. EVGACorp.

79.

Upon information and belief, Respondent EVGA Corp. is a California corporation

with its principal place of business at 2900 Saturn St., Suite B, Brea, CA 92821.

25

80.

Upon information and belief, EVGA designs, imports, and sells graphics cards

and motherboards incorporating NVIDIA products. (See Exhibits 3 1A-B.) These products may be used in many products, such as servers, workstations, and desktop computers. 81.

EVGA does not have a license to utilize Rambus’s patented technology to make,

assemble, use, sell, offer to sell, or import infringing memory controllers, and is not paying a royalty for its infringing manufacture, assembly, use, sale, offer for sale, or importation of Rambus’s patented technology in its memory controllers and products containing the same.

a) EVGA’s Accused Products 82.

EVGA’s Accused Products include products with DDR memory controllers,

DDRx memory controllers (where DDRx includes at least DDR2 and DDR3), andor GDDRy memory controllers (where GDDRy includes at least GDDR3), imported, sold for importation, or sold in products after importation by EVGA. 83.

EVGA’s Accused Products include graphics cards with at least NVIDIA’s

GeForce series (see Exhibit 3 lA), including: a. the GeForce FX5200, which includes DDR memory controllers; b. the GeForce FX5500, which includes DDR memory controllers; c. the GeForce 6200, which includes DDR and/or DDR2 memory controllers; d. the GeForce 6200LE, which includes DDR2 memory controllers; e. the GeForce 6600, which includes DDR memory controllers; f. the GeForce 6600LE, which includes DDR memory controllers; g. the GeForce 7100GS, which includes DDR2 memory controllers; h. the GeForce 7200GS, which includes DDR2 memory controllers; i. the GeForce 7300GS, which includes DDR2 memory controllers; 26

j. the GeForce 7600GS, which includes DDR2 memory controllers; k. the GeForce 7600GT, which includes DDR2 memory controllers;

1. the GeForce 8400GS, which includes DDR2 memory controllers; m. the GeForce 8500GT, which includes DDR2 memory controllers; n. the GeForce 8600GT, which includes DDR2 and/or DDR3 memory controllers; 0.

the GeForce 8600GTS, which includes DDR2 memory controllers;

p. the GeForce 8800GT, which includes DDR3 memory controllers;

q. the GeForce 8800GTS, which includes DDR3 memory controllers; r. the GeForce 9400GT, which includes DDR2 memory controllers; s. the GeForce 9500GT, which includes DDR2 and/or DDR3 memory controllers; t. the GeForce 9600GS0, which includes DDR3 memory controllers; u. the GeForce 9600GT, which includes DDR3 memory controllers; v. the GeForce 9800GT, which includes DDR3 and/or GDDR3 memory

controllers; w. the GeForce 9800GTX, which includes DDR3 memory controllers; x. the GeForce 9800GX2, which includes DDR3 memory controllers;

y. the GeForce GTX 260, which includes DDR3 memory controllers; and z. the GeForce GTX 280, which includes DDR3 memory controllers. 84.

EVGA’s Accused Products also include motherboards with at least NVIDIA’s

GeForce and/or nForce series (see Exhibit 3 lB), including: a. the GeForce 7050, which includes DDR2 memory controllers;

27

b. the GeForce 7100, which includes DDR2 memory controllers; c. the GeForce 7 150, which includes DDR2 memory controllers; d. the nForce 610i, which includes DDR2 memory controllers; e. the nForce 630i, which includes DDR2 memory controllers; f. the nForce 680 SLI, which includes DDR2 memory controllers;

g. the nForce 680i LT SLI, which includes DDR2 memory controllers; h. the nForce 730i, which includes DDR2 memory controllers; i. the nForce 750i SLI, which includes DDR2 memory controllers; j. the nForce 780i SLI, which includes DDR2 memory controllers;

k. the e o r c e 790i SLI, which includes DDR3 memory controllers; and 1. the nForce 790i Ultra SLI, which includes DDR3 memory controllers. 85.

EVGA’s Accused Products also include any other products that incorporate

NVIDIA products comprising a DDR, DDRx (where DDRx includes at least DDR2 and DDR3), GDDR, and/or GDDRy (where GDDRy includes at least GDDR2 and GDDR3) memory controller. 86.

Upon information and belief, the following is representative of EVGA’s

infringing products: the EVGA e-GeForce 8600GTS graphics card, which includes an NVIDIA GeForce 8600GTS product with at least a GDDR3 memory controller. (See Exhibit 32B.) Upon information and belief, EVGA also imports graphics cards and motherboards with at least one of the following types of memory controllers: DDR, DDR2, DDR3, GDDR, and/or GDDR2,

b) Proof of Importation 87.

On or around November 2, 2008, Rambus’s counsel purchased an imported

EVGA product from an on-line retailer in the United States. Exhibit 32A contains a copy of a receipt for the purchase of that product, an EVGA e-GeForce 8600GTS graphics card, which is 28

one of the Representative Accused Products. Exhibit 32A also shows that the EVGA e-GeForce 8600GTS graphics card was shipped from a location in the United States. 88.

Exhibit 32B is a series of photographs of the EVGA e-GeForce 8600GTS

graphics card purchased on or about November 2, 2008. Upon information and belief, these photographs show an NVIDIA product that bears a country of origin marking of Taiwan and includes a GDDR3 memory controller. The card is identified as being made in China and includes GDDR3 memory.

6. G.B.T. Inc. and Giga-Byte Technology Co., Ltd. 89.

Upon information and belief, Respondent G.B.T. Inc. is a California corporation

with its principal place of business at 17358 Railroad St., City of Industry, CA 91748. Upon information and belief, Respondent Giga-Byte Technology Co., Ltd. is a Taiwanese corporation with a principal place of business at No. 6, Bau Chiang Road, Hsin-Tien, Taipei 231, Taiwan ROC. These Respondents are collectively referred to as “Gigabyte.” 90.

Upon information and belief, Gigabyte designs, imports, and sells graphics cards

and motherboards incorporating NVIDIA products. (See Exhibits 33A-B.) These products may be used in many products, such as servers, workstations, and desktop computers. 91.

Gigabyte does not have a license to utilize Rambus’s patented technology to

make, assemble, use, sell, offer to sell, or import infringing memory controllers, and is not paying a royalty for its infringing manufacture, assembly, use, sale, offer for sale, or importation of Rambus’s patented technology in its memory controllers and products containing the same.

a) Gigabyte’s Accused Products 92.

Gigabyte’s Accused Products include products with DDR memory controllers,

DDRx memory controllers(where DDRx includes at least DDR2), and/or GDDRy memory

29

controllers (where GDDRy includes at least GDDR2 and GDDR3), imported, sold for importation, or sold in products after importation by Gigabyte. 93.

Gigabyte’s Accused Products include graphics cards with at least NVIDIA’s

GeForce series (see Exhibit 33A), including: a. the GeForce FX5200, which includes DDR memory controllers; b. the GeForce FX5500, which includes DDR memory controllers;

c. the GeForce 6200, which includes DDR and/or GDDR2 memory controllers; d. the GeForce 6500, which includes GDDR2 memory controllers; e. the GeForce 7 lOOGS, which includes GDDR2 memory controllers; f. the GeForce 7200GS, which includes GDDR2 memory controllers; g. the GeForce 7300GS, which includes DDR2 memory controllers; h. the GeForce 7300LE, which includes GDDR2 memory controllers; i. the GeForce 7600GS, which includes GDDR2 memory controllers; j. the GeForce 7600GT, which includes GDDR3 memory controllers;

k. the GeForce 7900GS, which includes GDDR3 memory controllers;

1. the GeForce 8400GS, which includes GDDR2 memory controllers; m. the GeForce 8500GT, which includes GDDR2 and/or GDDR3 memory controllers;

n. the GeForce 8600GT, which includes GDDR2 and/or GDDR3 memory controllers; 0.

the GeForce 8600GTS, which includes GDDR3 memory controllers;

p. the GeForce 8800GT, which includes GDDR3 memory controllers;

30

q. the GeForce 8800GTS, which includes GDDR3 memory controllers; r. the GeForce 8800GTX, which includes GDDR3 memory controllers;

s. the GeForce 9400GT, which includes GDDR2 memory controllers; t. the GeForce 9500GT, which includes GDDR2 and/or GDDR3 memory controllers; u. the GeForce 9600GT, which includes GDDR3 memory controllers; v. the GeForce 9800GT, which includes GDDR3 memory controllers;

w. the GeForce 9800GTX, which includes GDDR3 memory controllers; x. the GeForce 9800GTX+, which includes GDDR3 memory controllers; y. the GeForce 9800GX2, which includes GDDR3 memory controllers; z. the GeForce GTX 260, which includes GDDR3 memory controllers; and aa. the GeForce GTX 280, which includes GDDR3 memory controllers. 94.

Gigabyte’s Accused Products also include motherboards with at least NVIDIA’s

GeForce, Quadro and/or nForce series (see Exhibit 33B), including: a. the GeForce 6 100, which includes DDR2 memory controllers; b, the GeForce 6150, which includes DDR and/or DDR2 memory controllers; c. the GeForce 7025, which includes DDR2 memory controllers; d. the GeForce 7050, which includes DDR2 memory controllers; e. the GeForce 7100, which includes DDR2 memory controllers;

f. the GeForce 7150, which includes DDR2 memory controllers;

g. the GeForce 8200, which includes DDR2 memory controllers; h. the Quadro NVS 210S, which includes DDR2 memory controllers;

31

i. the nForce 3 250, which includes DDR memory controllers; j.

the nForce 3 Ultra, which includes DDR memory controllers;

k. the nForce 4 SLI, which includes DDR and/or DDR2 memory controllers; 1. the nForce 4 (4X), which includes DDR memory controllers; m. the nForce 400, which includes DDR2 memory controllers;

n. the nForce 410, which includes DDR memory controllers; 0.

the nF‘orce 430, which includes DDR and/or DDR2 memory controllers;

p. the fierce 550, which includes DDR2 memory controllers; q. the nForce 570 SLI, which includes DDR2 memory controllers;

r. the nForce 590 SLI, which includes DDR2 memory controllers; s. the nForce 650i SLI, which includes DDR2 memory controllers; t. the nForce 680i SLI, which includes DDR2 memory controllers; and u. the nForce 750a SLI, which includes DDR2 memory controllers.

95.

Gigabyte’s Accused Products also include any other products that incorporate

NVIDIA products comprising a DDR, DDRx (where DDRx includes at least DDR2 and DDR3), GDDR, and/or GDDRy (where GDDRy includes at least GDDR2 and GDDR3) memory controller. 96.

Upon information and belief, the following is representative of Gigabyte’s

infringing products: the Gigabyte GV-N98TZL-512H GeForce 9800GT graphics card, which includes an NVIDIA GeForce 9800GT product with at least a GDDR3 memory controller. (See Exhibit 34B.)

Upon inforrnation and belief, Gigabyte also imports graphics cards and

motherboards with at least one of the following types of memory controllers: DDR, DDR2, DDR3, GDDR and/or GDDR2.

32

b) Proof of Importation 97.

On or around October 24, 2008, a Rambus representative purchased an imported

Gigabyte product from an on-line retailer in the United States. Exhibit 34A contains a copy of a receipt for the purchase of that product, a Gigabyte GV-N98TZL-512H GeForce 9800GT graphics card, which is one of the Representative Accused Products. Exhibit 34A shows that the Gigabyte GV-N98TZL-512H GeForce 9800GT graphics card was shipped from a location in the United States. 98.

Exhibit 34B is a series of photographs of the Gigabyte GV-N98TZL-512H

GeForce 9800GT graphics card purchased on or about October 24, 2008. Upon information and belief, these photographs show an NVIDIA product that bears a country of origin marking of Taiwan and includes a GDDR3 memory controller. The card is identified as being made in Taiwan and includes GDDR3 memory.

7. Hewlett-Packard Company 99.

Upon information and belief, Respondent Hewlett-Packard Company is a

Delaware corporation with its principal place of business at 3000 Hanover St., Palo Alto, CA 94304. 100.

Upon information and belief, HP designs, imports, and sells personal computers,

servers, and workstations incorporating NVIDIA products. (See Exhibit 35.). 101.

HP does not have a license to utilize Rambus’s patented technology to make,

assemble, use, sell, offer to sell, or import infringing memory controllers, and is not paying a royalty for its infringing manufacture, assembly, use, sale, offer for sale, or importation of Rambus’s patented technology in its memory controllers and products containing the same.

33

a) HP’s Accused Products 102.

HP’s Accused Products include products with DDR memory controllers, DDRx

memory controllers (where DDRx includes at least DDR2 and DDR3), and/or GDDRy memory controllers (where GDDRy includes at least GDDR2 and GDDR3), imported, sold for importation, or sold in products after importation by HP. 103.

HP’s Accused Products include personal computers, servers, and workstations

with at least NVIDIA’s GeForce and Quadro series (see Exhibit 35), each of which, on information and belief, includes a DDR, DDRx (where DDRx includes at least DDR2 and DDR3), GDDR, and/or GDDRy (where GDDRy includes at least GDDR2 and GDDR3) memory controller. HP’s Accused products incorporate at least: a. the GeForce 6150SE: b. the GeForce 7100; c. the GeForce 8200M G; d. the GeForce 8400GS:

e. the GeForce 9200M GS; f. the GeForce 9300; g. the GeForce 9300GE; h. the GeForce 9300M GS; i. the GeForce 9500GS;

j.

the GeForce 9600GS;

k. the GeForce 9600M GS;

1. the GeForce 9600M GT: m. the GeForce 9800GT; n. the Quadro FX 1600M; 34

0.

the Quadro FX 2700M;

p. the Quadro FX 3600M;

q. the Quadro FX 370; r. the Quadro FX 3700; s. the Quadro FX 3700M; t. the Quadro FX 560M; u. the Quadro FX 5600; v. the Quadro FX 570; w. the Quadro FX 570M; x. the Quadro FX 770M; y. the Quadro FX 1700; z. the Quadro FX 4600;

aa. the Quadro FX 570; bb. the Quadro NVS 290; and cc. the Quadro NVS 320M. 104.

HP’s Accused Products also include HP computers incorporating at least

NVIDIA’s nForce series (see Exhibit 3 3 , including the nForce 430. 105.

HP’s Accused Products also include any other products that incorporate NVIDIA

products comprising a DDR, DDRx (where DDRx includes at least DDR2 and DDR3), GDDR, and/or GDDRy (where GDDRy includes at least GDDR2 and GDDR3) memory controller. 106.

Upon information and belief, the following are representative of HP’s infringing

products: the HP Pavilion a6567c Desktop PC, which includes an NVIDIA GeForce 9300GE product with at least a GDDR2 memory controller, and the HP Pavilion Elite m9350f Desktop

35

PC, which includes an NVIDIA GeForce 9800GT product with at least a GDDR3 memory controller. (See Exhibits 36B-C.) Upon information and belief, HP also imports computers with at least one of the following types of memory controllers: DDR, DDR2, DDR3, and/or GDDR.

b) Proof of Importation 107.

On or around October 27, 2008, a Rambus representative purchased an imported

HP product from a retailer in the United States. Exhibit 36A contains a copy of a receipt for the purchase of that product, an HP Pavilion a6567c Desktop PC, which is one of the Representative Accused Products. 108.

On or around October 30, 2008, a Rambus representative purchased another

imported HP product from a retailer in the United States. Exhibit 36A also contains a copy of a receipt for the purchase of that product, an HP Pavilion Elite m9350f Desktop PC. 109.

Exhibit 36B is a series of photographs of the HP Pavilion a6567c Desktop PC

purchased on or about October 27, 2008. Upon information and belief, these photographs show that the HP Pavilion a6567c Desktop PC incorporates an NVIDIA product, the GeForce 9300GE, that bears a country of origin marking of Taiwan and includes a GDDR2 memory controller. The GeForce 9300GE includes GDDR2 memory. 110.

Exhibit 36C is a series of photographs of the HP Pavilion Elite m9350f Desktop

PC purchased on or about October 30, 2008. Upon information and belief, these photographs show that the HP Pavilion Elite m9350f Desktop PC incorporates an NVIDIA product, the GeForce 9800GT, that bears a country of orgin marking of Taiwan and includes a GDDR3 memory controller. The card is identified as being made in China and includes GDDR3 memory.

36

8. MSI Computer Corp. and Micro-Star International Co., Ltd. 111.

Upon information and belief, Respondent MSI Computer Corp. is a California

corporation with its principal place of business at 901 Canada Court, City of Industry, California 91748.

Upon information and belief, Respondent Micro-Star International Co., Ltd. is a

Taiwanese corporation with its principal place of business at No. 69, Li-De St., Jung-He City, Taipei Hsien, Taiwan ROC. These Respondents are collectively referred to as “MSI.” 112.

Upon information and belief, MSI designs, imports, and sells graphics cards,

motherboards, barebones computers, and notebooks incorporating NVIDIA products.

(See

Exhibits 37A-D.) These products may be used by themselves or in other products, such as servers, workstations, and desktop computers. 113.

MSI does not have a license to utilize Rambus’s patented technology to make,

assemble, use, sell, offer to sell, or import infringing memory controllers, and is not paying a royalty for its infringing manufacture, assembly, use, sale, offer for sale, or importation of Rambus’s patented technology in its memory controllers and products containing the same.

a) IMSI’s Accused Products 114.

MSI’s Accused Products incIude products with DDRx memory controllers (where

DDRx includes at least DDR2 and DDR3) and/or GDDRy memory controllers (where GDDRy includes at least GDDR2 and GDDR3), imported, sold for importation, or sold in products after importation by MSI. 115.

MSI’s Accused Products include graphics cards with at least NVIDIA’s GeForce

series (see Exhibit 37A), including: a. the GeForce 8400GS, which includes GDDR2 memory controllers; b. the GeForce 8500GT, which includes GDDR2 and/or GDDR3 memory controllers; 37

c. the GeForce 8600GT, which includes DDR3 and/or GDDR3 memory controllers; d. the GeForce 8800GT, which includes GDDR3 memory controllers; e. the GeForce 8800GTS, which includes DDR3 memory controllers; f. the GeForce 9400GT, which includes GDDR2 memory controllers; g. the GeForce 9500GT, which includes GDDR2 and/or GDDR3 memory controllers; h. the GeForce 9600GT, which includes GDDR3 memory controllers; i. the GeForce 9800GT, which includes GDDR3 memory controllers; j. the GeForce 9800GTX, which includes GDDR3 memory controllers;

k. the GeForce 9800GX2, which includes GDDR3 memory controllers; 1. the GeForce GTX 260, which includes GDDR3 memory controllers; and m. the GeForce GTX 280, which includes GDDR3 memory controllers. 116.

MSI’s Accused Products also include motherboards with at least NVIDIA’s

GeForce and/or nForce series (see Exhibit 37B), including: a. the GeForce 6100, which includes DDR2 memory controllers; b. the GeForce 7050, which includes DDR2 memory controllers; c. the GeForce 7 100, which includes DDR2 memory controllers; d. the GeForce 7150, which includes DDR2 memory controllers; e. the GeForce 8200, which includes DDR2 memory controllers; f. the nForce 430, which includes DDR2 memory controllers;

g. the nForce 570 LT SLI, which includes DDR2 memory controllers; h. the nForce 610i SLI, which includes DDR2 memory controllers;

38

i. the nForce 630i SLI, which includes DDR2 memory controllers; j. the nForce 680i SLI, which includes DDR2 memory controllers;

k. the nForce 750a SLI, which includes DDR2 memory controllers; 1. the nForce 750i SLI, which includes DDR2 memory controllers; m. the nForce 780a SLI, which includes DDR2 memory controllers; and n. the nForce 780i SLI, which includes DDR2 memory controllers. 117.

MSI’s Accused Products also include barebones computers with at least

NVIDIA’s GeForce and/or nForce series (see Exhibit 37C), including:

a. the GeForce 6 100, which includes DDR2 memory controllers; b. the GeForce 7050, which includes DDR2 memory controllers; c. the nForce 610i, which includes DDR2 memory controllers; d. the C5 lPVG, which includes DDR2 memory controllers; and e. the MCP51, which includes DDR2 memory controllers. 118.

MSI’s Accused Products also include notebooks with at least NVIDIA’s GeForce

and/or nForce series (see Exhibit 37D), including: a. the MCP77, which includes DDR2 memory controllers; b. the MCP77 MH, which includes DDR2 memory controllers; c. the MCP77 MV, which includes DDR2 memory controllers; d. the GeForce MCP79, which includes DDR2 memory controllers; e. the GeForce Go 6100, which includes DDR2 memory controllers;

f. the GeForce 8400M G, which, on information and belief, includes DDR2 and/or GDDR3 memory controllers; g. the GeForce 8400M GS, which includes DDR2 memory controllers;

39

h. the GeForce 8600M GT, which, on information and belief, includes DDR2 and/or GDDR3 memory controllers; i. the GeForce 9300M GS, which includes DDR2 memory controllers; j. the GeForce 9600M GT, which includes DDR3 memory controllers; and

k. the nForce Go 430, which includes DDR2 memory controllers. 119.

MSI’s Accused Products also include any other products that incorporate

NVIDIA products comprising a DDR, DDRx (where DDRx includes at least DDR2 and DDR3), GDDR, and/or GDDRy (where GDDRy includes at least GDDR2 and GDDR3) memory controller. 120.

Upon information and belief, the following is representative of MSI’s infringing

products: the MSI N9800GT 512M OC GeForce 9800GT graphics card, which includes an NVIDIA GeForce 9800GT product with at least a GDDR3 memory controller. (See Exhibit 38B.) Upon information and belief, MSI also imports graphics cards and motherboards with at least one of the following types of memory controllers: DDR, DDR2, DDR3, GDDR and/or GDDR2.

b) Proof of Importation 121.

On or around October 24, 2008, a Rambus representative purchased an imported

MSI product from an on-line retailer in the United States. Exhibit 38A contains a copy of a receipt for the purchase of that product, an MSI N9800GT 512M OC GeForce 9800GT graphics card, which is one of the Representative Accused Products. Exhibit 38A also shows that the MSI N9800GT 512M OC GeForce 9800GT graphics card was shipped from a location in the United States. 122.

Exhibit 38B is a series of photographs of the MSI N9800GT 512M OC GeForce

9800GT graphics card purchased on or about October 24, 2008. Upon information and belief, 40

these photographs show an NVIDIA product that bears a country of origin marking of Taiwan and includes a GDDR3 memory controller. The card is identified as being made in China and includes GDDR3 memory.

9. Palit Multimedia Inc. and Palit Microsystems Ltd. 123.

Upon information and belief, Respondent Palit Multimedia Inc. is a corporation

with a principal place of business at 1920 O’Toole Way, San Jose, California 95131. Upon information and belief, Respondent Palit Microsystems Ltd. is a Taiwanese corporation with its principal place of business at 21F, 88, Sec. 2, Chung Hsiao E. Rd., Taipei, Taiwan. These Respondents are collectively referred to as “Palit.” 124.

Upon information and belief, Palit designs, imports, and sells graphics cards and

motherboards incorporating NVIDIA products. (See Exhibits 39A-B.) These products may be used in many products, such as servers, workstations, and desktop computers. 125.

Palit does not have a license to utilize Rambus’s patented technology to make,

assemble, use, sell, offer to sell, or import infringing memory controllers, and is not paying a royalty for its infringing manufacture, assembly, use, sale, offer for sale, or importation of Rambus’s patented technology in its memory controllers and products containing the same.

a) Palit’s Accused Products 126.

Palit’s Accused Products include products with DDR memory controllers, DDRx

memory controllers (where DDRx includes at least DDR2 and DDR3), and/or GDDRy memory controllers (where GDDRy includes at least GDDR2 and GDDR3), imported, sold for importation, or sold in products after importation by Palit. 127.

Palit’s Accused Products include graphics cards with at least NVIDIA’s GeForce

series (see Exhibit 39A), including: a. the GeForce FX5200, which includes DDR memory controllers; 41

b. the GeForce FX5500, which includes DDR memory controllers;

c. the GeForce 7200GS, which includes DDR2 memory controllers; d. the GeForce 7300GT, which includes DDR2 and/or GDDR3 memory controllers; e. the GeForce 8400GS, which includes DDRZ memory controllers;

f. the GeForce 8500GT, which includes DDR2 and/or DDR3 memory controllers; g. the GeForce 8600GT, which includes DDR2 and/or DDR3 memory controllers; h. the GeForce 8600GTS, which includes DDR3 memory controllers; i. the GeForce 8800GT, which includes GDDR3 memory controllers; j. the GeForce SSOOGTS, which includes GDDR3 memory controllers;

k. the GeForce 9400GT, which includes DDR2 memory controllers; 1. the GeForce 9500GT, which includes DDR2 and/or GDDR3 memory controllers; m. the GeForce 9600GS0, which includes GDDR3 memory controllers; n. the GeForce 9600GT, which includes GDDR2 and/or GDDR3 memory controllers; 0.

the GeForce 9800GT, which includes GDDR3 memory controllers;

p. the GeForce 9800GTX, which includes GDDR3 memory controllers; q. the GeForce 9800GTX+, which includes GDDR3 memory controllers; r. the GeForce 9800GX2, which includes GDDR3 memory controllers; s. the GeForce GTX 260, which includes GDDR3 memory controllers; and

42

t. the GeForce GTX 280, which includes GDDR3 memory controllers. 128.

Palit’s Accused Products also include motherboards with at least NVIDIA’s

GeForce and/or nForce series (see Exhibit 39B), including: a. the nForce 520, which includes DDR2 memory controllers; b. the nForce 405, which includes DDR2 memory controllers;

c. the nForce 610i, which includes DDR2 memory controllers; d. the nForce 630a, which includes DDR2 memory controllers; e. the nForce 630i, which includes DDR2 memory controllers; f. the GeForce 6100, which includes DDR2 memory controllers;

g. the GeForce 7025, which includes DDR2 memory controllers; h. the GeForce 7050, which includes DDR2 memory controllers; and i. the GeForce 7100, which includes DDR2 memory controllers. 129.

Palit’s Accused Products also include any other products that incorporate

NVIDIA products comprising a DDR, DDRx (where DDRx includes at least DDR2 and DDR3), GDDR, and/or GDDRy (where GDDRy includes at least GDDR2 and GDDR3) memory controller. 130.

Upon information and belief, the following is representative of Palit’s infringing

products: the Palit GeForce 9800GTX+ graphics card, which includes an NVIDIA GeForce 9800GTX+ product with at least a GDDR3 memory controller. (See Exhibit 40B.) Upon information and belief, Palit also imports graphics cards with at least one of the following types of memory controllers: DDR, DDR2, DDR3, GDDR, and/or GDDR2.

b) Proof of Importation 131.

On or around October 24, 2008, a Rarnbus representative purchased an imported

Palit product from an on-line retailer in the United States. Exhibit 40A contains a copy of a 43

receipt for the purchase of that product, a Palit GeForce 9800GTX+ graphics card, which is one of the Representative Accused Products. Exhibit 40A also shows that the Palit GeForce 9800GTX+ graphics card was shipped form a location in the United States. 132.

Exhibit 40B is a series of photographs of the Palit GeForce 9800GTX+ graphics

card purchased on or about October 24, 2008. Upon information and belief, these photographs show an NVIDIA product that bears a country of origin marking of Taiwan and includes a GDDR3 memory controller. The card is identified as being made in China and includes GDDR3 memory.

10. Pine Technology Holdings Ltd. 133.

Upon information and belief, Respondent Pine Technology Holdings Ltd. is a

Hong Kong corporation with its principal place of business at Units 5507-10 Hopewell Centre, 183 Queen’s Road East, Hong Kong. 134.

Upon information and belief, Pine designs, imports, and sells graphics cards and

motherboards incorporating NVIDIA products, and its products are sold under the brand name “XFX.” (See Exhibits 41A-B .) Upon information and belief, Pine’s Samtack division also imports and sells BFG-branded and XFX-branded graphics cards containing NVIDIA products, and Biostar-branded motherboards containing NVIDIA products. (See Exhibits 4 1C-E.) These products may be used in many products, such as servers, workstations, and desktop computers. 135.

Pine does not have a license to utilize Rambus’s patented technology to make,

assemble, use, sell, offer to sell, or import infringing memory controllers, and is not paying a royalty for its infringing manufacture, assembly, use, sale, offer for sale, or importation of Rambus’s patented technology in its memory controllers and products containing the same.

44

a) Pine’s Accused Products 136.

Pine’s Accused Products include products with DDR memory controllers and/or

DDRx memory controllers (where DDRx includes at least DDR2 and DDR3), imported, sold for importation, or sold in products after importation by Pine. 137.

Pine’s Accused Products include graphics cards with at least NVIDIA’s GeForce

series (see Exhibit 41A), including: a. the GeForce FXS200, which includes DDR memory controllers; b. the GeForce 6200, which includes DDR2 memory controllers; c. the GeForce 7200GS, which includes DDR2 memory controllers; d. the GeForce 7300GS, which includes DDR2 memory controllers; e. the GeForce 7300GT, which includes DDR2 memory controllers; f. the GeForce 7600GS, which includes DDR2 memory controllers; g. the GeForce 7900GS, which includes DDR3 memory controllers; h. the GeForce 8300GS, which includes DDR2 memory controllers; i. the GeForce 8400GS, which includes DDR2 memory controllers; j . the GeForce 8S00GT, which includes DDR2 memory controllers;

k. the GeForce 8600GT, which includes DDR2 and/or DDR3 memory controllers ;

1. the GeForce 8600GTS, which includes DDR3 memory controllers; m. the GeForce 8800GS, which includes DDR3 memory controllers; n. the GeForce 8800GT, which includes DDR3 memory controllers; 0.

the GeForce 8800GTS, which includes DDR3 memory controllers;

p. the GeForce 8800GTX, which includes DDR3 memory controllers; q. the GeForce 9400GT, which includes DDR2 memory controllers;

45

r. the GeForce 9500GT, which includes DDR2 and/or DDR3 memory controllers; s. the GeForce 9600GS0, which includes DDR2 and/or DDR3 memory controllers; t. the GeForce 9600GT, which includes DDR3 memory controllers; u. the GeForce 98OOGT’ which includes DDR3 memory controllers; v. the GeForce 9800GTX, which includes DDR3 memory controllers;

w. the GeForce 9800GTX+, which includes DDR3 memory controllers; x. the GeForce 9800GX2, which includes DDR3 memory controllers;

y. the GeForce GTX 260, which includes DDR3 memory controllers; and z. the GeForce GTX 280, which includes DDR3 memory controllers. 138.

Pine’s Accused Products also include motherboards with at least NVIDIA’s

GeForce and/or nForce series (see Exhibit 41B), including: a. the GeForce 8200, which includes DDR2 memory controllers; b. the GeForce 8300, which includes DDR2 memory controllers; c. the nForce 590a SLI, which includes DDR2 memory controllers; d. the nForce 610i, which includes DDR2 memory controllers; e. the nForce 630i, which includes DDR2 and/or DDR3 memory controllers;

f. the nForce 650i Ultra, which includes DDR2 and/or DDR3 memory controllers; g. the nForce 680i SLI, which includes DDR2 memory controllers; h. the nForce 680i LT SLI, which includes DDR2 memory controllers; i. the nForce 750a SLI, which includes DDR2 memory controllers;

46

j. the nForce 750i SLI, which includes DDR2 memory controllers;

k. the nForce 780i SLI, which includes DDR2 memory controllers; and 1. the nForce 790i Ultra SLI, which includes DDR3 memory controllers. 139.

Pine’s Accused Products also include any other products that incorporate

NVIDIA products comprising a DDR, DDRx (where DDRx includes at least DDR2 and DDR3), GDDR, and/or GDDRy (where GDDRy includes at least GDDR2 and GDDR3) memory controller. 140.

Upon information and belief, the following are representative of the infringing

products: the XFX GeForce 8600GT graphics card, which includes an NVIDIA GeForce 8600GT product with at least a DDR2 memory controller, and the XFX nForce 790i motherboard, which includes an NVIDIA nForce 790i product with at least a DDR3 memory controller. (See Exhibits 42 and 23B, respectively.)

b) Proof of Importation 141.

On or around June 2, 2008, a Rambus representative purchased imported Pine

products from a retailer in the United States. Exhibit 23A contains a copy of a receipt for the purchase of those products, an XFX GeForce 8600GT graphics card and an XFX nForce 790i motherboard, both of which are among the Representative Accused Products. 142.

Exhibit 42 is a series of photographs of the XFX GeForce 8600GT graphics card

purchased on or about June 2, 2008. Upon information and belief, these photographs show an NVIDIA product that bears a country of origin marking of Taiwan and includes a DDR2 memory controller. The card is identified as being made in China and includes DDR2 memory. 143.

Exhibit 23B is a series of photographs of the XFX nForce 790i motherboard

purchased on or about June 2, 2008. Upon information and belief, these photographs show an NVIDIA product that bears a country of origin marking of Taiwan and includes a DDR3 47

memory controller. The motherboard is identified as being made in China and, on information and belief, is sold to interface with DDR3 memory. 11. Sparkle Computer Co., Ltd. 144.

Upon information and belief, Respondent Sparkle Computer Co., Ltd. is a

company registered in Taiwan with its principal place of business at 13F, 2, Fu Hsin S. Rd., Sec. 1, Taipei City, Taiwan ROC. 145.

Upon information and belief, Sparkle designs, imports, and sells graphics cards

incorporating NVIDIA products. (See Exhibit 43.) These products may be used in many products, such as servers, workstations, and desktop computers. 146.

Sparkle does not have a license to utilize Rambus’s patented technology to make,

assemble, use, sell, offer to sell, or import infringing memory controllers, and is not paying a royalty for its infringing manufacture, assembly, use, sale, offer for sale, or importation of Rambus’s patented technology in its memory controllers and products containing the same.

a) Sparkle’s Accused Products 147.

Sparkle’s Accused Products include products with DDR memory controllers,

DDRx memory controllers (where DDRx includes at least DDR2), andlor GDDRy memory controllers (where GDDRy includes at least GDDR3), imported, sold for importation, or sold in products after importation by Sparkle. 148.

Sparkle’s Accused Products include graphics cards with at least NVIDIA’s

GeForce series (see Exhibit 43), including: a. the GeForce FX5200, which, on information and belief, includes DDR memory controllers; b. the GeForce FX5500, which, on information and belief, includes DDR memory controllers; 48

c. the GeForce 6200, which includes DDR and/or DDR2 memory controllers; d. the GeForce 6500, which includes DDR2 memory controllers;

e. the GeForce 6600, which includes DDR and/or DDR2 memory controllers;

f. the GeForce 6600GT, which includes DDR2 and/or GDDR3 memory controllers;

g. the GeForce 6600LE, which includes DDR and/or DDR2 memory controllers; h. the GeForce 7200GS, which includes DDR2 memory controllers; i. the GeForce 7300GS, which includes DDR2 memory controllers; j. the GeForce 7300GT, which includes DDR2 memory controllers;

k. the GeForce 7300LE, which includes DDR2 memory controllers;

1. the GeForce 7600GS, which includes DDR2 memory controllers; m. the GeForce 8400GS, which includes DDR2 memory controllers; n. the GeForce 8500GT, which includes DDR2 and/or GDDR3 memory controllers; 0.

the GeForce 8600GT, which includes DDR2 and/or GDDR3 memory controllers;

p. the GeForce 8600GTS, which includes GDDR3 memory controllers;

q. the GeForce 8800 Ultra, which includes GDDR3 memory controllers; r. the GeForce 8800GT, which includes GDDR3 memory controllers; s. the GeForce 8800GTS, which includes GDDR3 memory controllers;

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t. the GeForce 8800GTX, which includes GDDR3 memory controllers; u. the GeForce 9400GT, which includes DDR2 and/or GDDR3 memory controllers; v. the GeForce 9500GT, which includes DDR2 and/or GDDR3 memory controllers; w. the GeForce 9600GS0, which includes GDDR3 memory controllers;

x. the GeForce 9600GT, which includes DDR3 and/or GDDR3 memory controllers; y. the GeForce 9800GT, which includes GDDR3 memory controllers; z. the GeForce 9800GTX, which includes GDDR3 memory controllers;

aa. the GeForce 9800GTX+, which includes GDDR3 memory controllers; and bb. the GeForce 9800GX2, which includes GDDR3 memory controllers. 149.

Sparkle’s Accused Products also include any other products that incorporate

NVIDLA products comprising a DDR, DDRx (where DDRx includes at least DDR2 and DDR3), GDDR, and/or GDDRy (where GDDRy includes at least GDDR2 and GDDR3) memory controller. 150.

Upon information and belief, the following is representative of Sparkle’s

infringing products: the Sparkle GeForce 9600GT graphics card, which includes an NVIDIA GeForce 9600GT product with at least a GDDR3 memory controller. (See Exhibit 44B.) Upon information and belief, Sparkle also imports graphics cards with at least one of the following types of memory controllers: DDR, DDR2, DDR3, GDDR, and/or GDDR2.

b) Proof of Importation 151.

On or around October 24, 2008, a Rambus representative purchased an imported

Sparkle product from an on-line retailer in the United States. Exhibit 44A contains a copy of a 50

receipt for the purchase of that product, a Sparkle GeForce 9600GT graphics card, which is one of the Representative Accused Products. Exhibit 44A also shows that the product was shipped from a location in the United States. 152.

Exhibit 44B is a series of photographs of the Sparkle GeForce 9600GT graphics

card purchased on or about October 24, 2008. Upon information and belief, these photographs show an NVIDIA product that bears a country of origin marking of Taiwan and includes a GDDR3 memory controller. The card is identified as being made in China and includes GDDR3 memory.

V.

THE ASSERTED PATENTS 153.

The Asserted Patents are members of three families of Rambus patents and relate

generally to synchronous memory devices and controllers for controlling such devices. The inventions disclosed in the Asserted Patents improve the speed and efficiency of semiconductor memory operations. The inventions of the Asserted Patents find application in a wide range of products, such as servers, workstations, desktop computers, notebook computers, handheld devices, and consumer electronics.

A.

THE WARE PATENTS

154.

Two patents asserted in this investigation-the

’998 patent and the ’016 patent-

claim priority to Application No. 09/841,911, filed on April 24, 2001, and name Frederick A. Ware, Ely K. Tsern, Richard E. Perego, and Craig E. Hampel as inventors (hereinafter referred to

as “the Ware patents”). 1. Non-Technical Description of the Ware Patents 155.

The Ware patents are generally directed to information storage and retrieval,

including coordinating memory components. The Ware patents disclose that each memory device connected to a bus may receive certain signals from the bus at a different time depending 51

on where it is located on the bus, resulting in varying propagation delays between devices. The Ware patents teach adjusting signals on the bus to compensate for the propagation delays and disclose that a memory controller may delay signals to or from a memory device based on at least the time required for a timing signal to propagate between the controller and the memory device, thereby compensating for the propagation delays in the system and making the system more efficient. For example, according to the Ware patents, the controller may delay receiving data from a memory device for an amount of time that is based on the time required for a timing signal to propagate between the controller and the memory device. Similarly, the controller may delay transmitting data to a memory device based on the time required for a timing signal to propagate between the controller and the memory device.

2. U.S. PATENT NO. 7,177,998 a) Identification and Ownership of the ’998 Patent 156.

On February 13, 2007, the USPTO duly, properly, and legally issued U.S. Patent

No. 7,177,998, entitled “Method, System and Memory Controller Utilizing Adjustable Read Data Delay Settings,” to Rambus as the assignee of inventors Frederick A. Ware, Ely K. Tsern, Richard E. Perego, and Craig E. Hampel. A certified copy of the ’998 patent is attached to this Complaint as Exhibit 1 157.

The ’998 patent issued from U.S. Patent Application No. 11/335,029, filed

January 18,2006, which is a continuation of (a)

Application No. 1~219,096,September 1, 2005, which issued as U.S. Patent No. 7,225,292, which is a continuation of

(b)

Application No. 11/094,137, filed March 31, 2005, which issued as U.S. Patent No. 7,209,397, which is a continuation of

52

(c)

Application No. 10/732,533, filed December 11, 2003, which issued as U.S. Patent No. 7,225,311, which is a continuation of

(d)

Application No. 09/841,911, filed April 24, 2001, which issued as U.S. Patent No. 6,675,272.

A certified copy of the prosecution history for the '998 patent is included in Appendix A2. Copies of the technical references identified in the prosecution history of the '998 patent are included in Appendix D. 158.

Copies of the prosecution histories for the related parent patents of the '998

patent, namely, U.S. Patent Nos. 6,675,272; 7,209,397; 7,225,292; and 7,225,311, are included in Appendix Al, A3, A5, and A6, respectively. 159.

Frederick A. Ware, Ely K. Tsern, Richard E. Perego, and Craig E. Hampel, the

inventors of the '998 patent, assigned all rights, title, and interest in the '998 patent to Rambus. A certified copy of the assignment for the '998 patent is attached as Exhibit 3.

b) Unfair Acts by the Proposed Respondents With Respect to the '998 Patent (1) NVIDIA 160.

Upon information and belief, at least the NVIDIA products that include a DDR3

memory controller directly or indirectly infringe at least the asserted claims 7, 13, 21, and 22 of the '998 patent. 161.

Upon information and belief, NVIDIA imports, sells for importation, offers for

sale and sells after importation, operates, and/or tests NVIDIA's Accused Products in the United States, thereby directly infringing at least the asserted claims of the '998 patent. 162.

Upon information and belief, the memory controllers in NVIDIA's Accused

Products are especially designed for use with a particular type of memory and are configured to comply with a corresponding standard. The memory controllers in NVIDIA's Accused Products 53

are known by NVIDIA to be especially made or especially adapted for use in an infringement of the '998 patent, and are not a staple article or commodity of commerce suitable for substantial non-infringing use. Upon information and belief, NVIDIA has sold or offered to sell NVIDIA's Accused Products to others whose use of those NVIDIA Accused Products has constituted an act of direct infringement of at least the asserted claims of the '998 patent. NVIDIA has thereby contributed to and continues to contribute to the infringement of at least the asserted claims of the '998 patent. 163.

Upon information and belief, NVIDIA knows about the '998 patent and has

induced and continues to induce acts that NVIDIA knows or should have known would induce actual infringement of at least the asserted claims of the '998 patent. NVIDIA actively induces infringement of the asserted claims of the '998 patent by designing its products to be capable of infringement and by promoting and encouraging the use of its products in ways that infringe at least the asserted claims of the '998 patent. 164.

Charts applying claims 7, 13, and 21 of the '998 patent to the Representative

Accused Products that include DDR3 memory controllers, including one of NVIDIA' s representative products, are attached as Exhibit 4.

(2) Asus 165.

Upon information and belief, at least the Asus products that include a DDR3

memory controller directly or indirectly infringe at least the asserted claims 7, 13, 21, and 22 of the '998 patent. 166.

Upon information and belief, Asus imports, sells for importation, offers for sale

and sells after importation, operates, andlor tests Asus's Accused Products in the United States, thereby directly infringing at least the asserted claims of the '998 patent.

54

167.

Contemporaneous with the filing of this Complaint, Complainant put Asus on

notice of Rambus's infringement allegations with respect to the Asserted Patents. 168.

Upon information and belief, the memory controllers in Asus's Accused Products

are especially designed for use with a particular type of memory and are configured to comply with a corresponding standard. Upon notice of Rambus's infringement allegations with respect to the Asserted Patents, the memory controllers in Asus's Accused Products are known by Asus to be especially made or especially adapted for use in an infringement of the '998 patent, and are not a staple article or commodity of commerce suitable for substantial non-infringing use. Upon information and belief, Asus has sold or offered to sell Asus's Accused Products to others whose use of those Asus Accused Products has constituted an act of direct infringement of at least the asserted claims of the '998 patent. Asus has thereby contributed to and continues to contribute to the infringement of at least the asserted claims of the '998 patent. 169.

Upon notice of Rambus's infringement allegations with respect to the Asserted

Patents, Asus knows about the '998 patent and has induced and continues to induce acts that Asus knows or should have known would induce actual infringement of at least the asserted claims of the '998 patent. Asus actively induces infringement of the asserted claims of the '998 patent by designing its products to be capable of infringement and by promoting and encouraging the use of its products in ways that infringe at least the asserted claims of the '998 patent. 170.

Charts applying claims 7, 13, and 21 of the '998 patent to the Representative

Accused Products that include DDR3 memory controllers are attached as Exhibit 4.

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(3) Biostar 171.

Upon information and belief, at least the Biostar products that include a DDR3

memory controller directly or indirectly infringe at least the asserted claims 7, 13, 21, and 22 of the ’998 patent. 172.

Upon information and belief, Biostar imports, sells for importation, offers for sale

and sells after importation, operates, and/or tests Biostar’s Accused Products in the United States, thereby directly infringing at least the asserted claims of the ’998 patent. 173.

Contemporaneous with the filing of this Complaint, Complainant put Biostar on

notice of Rambus’s infringement allegations with respect to the Asserted Patents. 174.

Upon information and belief, the memory controllers in Biostar’s Accused

Products are especially designed for use with a particular type of memory and are configured to comply with a corresponding standard. Upon notice of Rambus’s infringement allegations with respect to the Asserted Patents, the memory controllers in Asus’s Accused Products are known by Biostar to be especially made or especially adapted for use in an infringement of the ’998 patent, and are not a staple article or commodity of commerce suitable for substantial noninfringing use. Upon information and belief, Biostar has sold or offered to sell Biostar’s Accused Products to others whose use of those Biostar Accused Products has constituted an act of direct infringement of at least the asserted claims of the ’998 patent. Biostar has thereby contributed to and continues to contribute to the infringement of at least the asserted claims of the ’998 patent. 175.

Upon notice of Rambus’s infringement allegations with respect to the Asserted

Patents, Biostar knows about the ’998 patent and has induced and continues to induce acts that Biostar knows or should have known would induce actual infringement of at least the asserted claims of the ’998 patent. Biostar actively induces infringement of the asserted claims of the

56

'998 patent by designing its products to be capable of infringement and by promoting and encouraging the use of its products in ways that infringe at least the asserted claims of the '998 patent. 176.

Charts applying claims 7, 13, and 21 of the '998 patent to the Representative

Accused Products that include DDR3 memory controllers are attached as Exhibit 4. (4) Diablotek

177.

Upon information and belief, at least the Diablotek products that include a DDR3

memory controller directly or indirectly infringe at least the asserted claims 7, 13, 21, and 22 of the '998 patent. 178.

Upon information and belief, Diablotek imports, sells for importation, offers for

sale and sells after importation, operates, and/or tests Diablotek's Accused Products in the United States, thereby directly infringing at least the asserted claims of the '998 patent. 179.

Contemporaneous with the filing of this Complaint, Complainant put Diablotek

on notice of Rambus's infringement allegations with respect to the Asserted Patents. 180.

Upon information and belief, the memory controllers in Diablotek's Accused

Products are especially designed for use with a particular type of memory and are configured to comply with a corresponding standard. Upon notice of Rambus's infringement allegations with respect to the Asserted Patents, the memory controllers in Diablotek's Accused Products are known by Diablotek to be especially made or especially adapted for use in an infringement of the '998 patent, and are not a staple article or commodity of commerce suitable for substantial noninfringing use. Upon information and belief, Diablotek has sold or offered to sell Diablotek's Accused Products to others whose use of those Diablotek Accused Products has constituted an act of direct infringement of at least the asserted claims of the '998 patent. Diablotek has thereby 57

contributed to and continues to contribute to the infringement of at least the asserted claims of the '998 patent. 181.

Upon notice of Rambus's infringement allegations with respect to the Asserted

Patents, Diablotek knows about the '998 patent and has induced and continues to induce acts that Diablotek knows or should have known would induce actual infringement of at least the asserted claims of the '998 patent. Diablotek actively induces infringement of the asserted claims of the

'998 patent by designing its products to be capable of infringement and by promoting and encouraging the use of its products in ways that infringe at least the asserted claims of the '998 patent. 182.

Charts applying claims 7, 13, and 21 of the '998 patent to the Representative

Accused Products that include DDR3 memory controllers are attached as Exhibit 4.

(5)EVGA 183.

Upon information and belief, at least the EVGA products that include a DDR3

memory controller directly or indirectly infringe at least the asserted claims 7, 13, 21, and 22 of the '998 patent. 184.

Upon information and belief, EVGA imports, sells for importation, offers for sale

and sells after importation, operates, and/or tests EVGA's Accused Products in the United States, thereby directly infringing at least the asserted claims of the '998 patent. 185.

Contemporaneous with the filing of this Complaint, Complainant put EVGA on

notice of Rambus's infringement allegations with respect to the Asserted Patents. 186.

Upon information and belief, the memory controllers in EVGA's Accused

Products are especially designed for use with a particular type of memory and are configured to comply with a corresponding standard. Upon notice of Rambus's infringement allegations with 58

respect to the Asserted Patents, the memory controllers in EVGA's Accused Products are known by EVGA to be especially made or especially adapted for use in an infringement of the '998 patent, and are not a staple article or commodity of commerce suitable for substantial noninfringing use. Upon information and belief, EVGA has sold or offered to sell EVGA's Accused Products to others whose use of those EVGA Accused Products has constituted an act of direct infringement of at least the asserted claims of the '998 patent. EVGA has thereby contributed to and continues to contribute to the infringement of at least the asserted claims of the '998 patent. 187.

Upon notice of Rambus's infringement allegations with respect to the Asserted

Patents, EVGA knows about the '998 patent and has induced and continues to induce acts that EVGA knows or should have known would induce actual infringement of at least the asserted claims of the '998 patent. EVGA actively induces infringement of the asserted claims of the '998 patent by designing its products to be capable of infringement and by promoting and encouraging the use of its products in ways that infringe at least the asserted claims of the '998 patent. 188.

Charts applying claims 7, 13, and 21 of the '998 patent to the Representative

Accused Products that include DDR3 memory controllers are attached as Exhibit 4.

(6) HP 189.

Upon information and belief, at least the HP products that include a DDR3

memory controller directly or indirectly infringe at least the asserted claims 7, 13, 21, and 22 of the '998 patent. 190.

Upon information and belief, HP imports, sells for importation, offers for sale and

sells after importation, operates, and/or tests HP's Accused Products in the United States, thereby directly infringing at least the asserted claims of the '998 patent. 59

191.

Contemporaneous with the filing of this Complaint, Complainant put HP on

notice of Rambus’s infringement allegations with respect to the Asserted Patents. 192.

Upon information and belief, the memory controllers in HP’s Accused Products

are especially designed for use with a particular type of memory and are configured to comply with a corresponding standard. Upon notice of Rambus’s infringement allegations with respect to the Asserted Patents, the memory controllers in HP’s Accused Products are known by HP to be especially made or especially adapted for use in an infringement of the ’998 patent, and are not a staple article or commodity of commerce suitable for substantial non-infringing use. Upon information and belief, HP has sold or offered to sell HP’s Accused Products to others whose use of those HP Accused Products has constituted an act of direct infringement of at least the asserted claims of the ’998 patent. HP has thereby contributed to and continues to contribute to the infringement of at least the asserted claims of the ’998 patent. 193.

Upon notice of Rambus’s infringement allegations with respect to the Asserted

Patents, HP knows about the ’998 patent and has induced and continues to induce acts that HP knows or should have known would induce actual infringement of at least the asserted claims of the ’998 patent. HP actively induces infringement of the asserted claims of the ’998 patent by designing its products to be capable of infringement and by promoting and encouraging the use of its products in ways that infringe at least the asserted claims of the ’998 patent. 194.

Charts applying claims 7, 13, and 21 of the ’998 patent to the Representative

Accused Products that include DDR3 memory controllers are attached as Exhibit 4.

60

(7)MsI 195.

Upon information and belief, at least the MSI products that include a DDR3

memory controller directly or indirectly infringe at least the asserted claims 7, 13, 21, and 22 of the '998 patent. 196.

Upon information and belief, MSI imports, sells for importation, offers for sale

and sells after importation, operates, and/or tests MSI's Accused Products in the United States, thereby directly infringing at least the asserted claims of the '998 patent. 197.

Contemporaneous with the filing of this Complaint, Complainant put MSI on

notice of Rambus's infringement allegations with respect to the Asserted Patents. 198.

Upon information and belief, the memory controllers in MSI's Accused Products

are especially designed for use with a particular type of memory and are configured to comply with a corresponding standard. Upon notice of Rambus's infringement allegations with respect to the Asserted Patents, the memory controllers in MSI's Accused Products are known by MSI to be especially made or especially adapted for use in an infringement of the '998 patent, and are not a staple article or commodity of commerce suitable for substantial non-infringing use. Upon information and belief, MSI has sold or offered to sell MSI's Accused Products to others whose use of those MSI Accused Products has constituted an act of direct infringement of at least the asserted claims of the '998 patent. MSI has thereby contributed to and continues to contribute to the infringement of at least the asserted claims of the '998 patent. 199.

Upon notice of Rambus's infringement allegations with respect to the Asserted

Patents, MSI knows about the '998 patent and has induced and continues to induce acts that MSI knows or should have known would induce actual infringement of at least the asserted claims of the '998 patent. MSI actively induces infringement of the asserted claims of the '998 patent by

61

designing its products to be capable of infringement and by promoting and encouraging the use of its products in ways that infringe at least the asserted claims of the '998 patent. 200.

Charts applying claims 7, 13, and 21 of the '998 patent to the Representative

Accused Products that include DDR3 memory controllers are attached as Exhibit 4.

(8) Palit 201.

Upon information and belief, at least the Palit products that include a DDR3

memory controller directly or indirectly infringe at least the asserted claims 7, 13, 21, and 22 of the '998 patent. 202.

Upon information and belief, Palit imports, sells for importation, offers for sale

and sells after importation, operates, and/or tests Palit's Accused Products in the United States, thereby directly infringing at least the asserted claims of the '998 patent. 203.

Contemporaneous with the filing of this Complaint, Complainant put Palit on

notice of Rambus's infringement allegations with respect to the Asserted Patents. 204.

Upon information and belief, the memory controllers in Palit's Accused Products

are especially designed for use with a particular type of memory and are configured to comply with a corresponding standard. Upon notice of Rambus's infringement allegations with respect to the Asserted Patents, the memory controllers in Palit's Accused Products are known by Palit to be especially made or especially adapted for use in an infringement of the '998 patent, and are not a staple article or commodity of commerce suitable for substantial non-infringing use. Upon information and belief, Palit has sold or offered to sell Palit's Accused Products to others whose use of those Palit Accused Products has constituted an act of direct infringement of at least the asserted claims of the '998 patent. Palit has thereby contributed to and continues to contribute to the infringement of at least the asserted claims of the '998 patent. 62

205.

Upon notice of Rambus's infringement allegations with respect to the Asserted

Patents, Palit knows about the '998 patent and has induced and continues to induce acts that Palit knows or should have known would induce actual infringement of at least the asserted claims of the '998 patent. Palit actively induces infringement of the asserted claims of the '998 patent by designing its products to be capable of infringement and by promoting and encouraging the use of its products in ways that infringe at least the asserted claims of the '998 patent. 206.

Charts applying claims 7, 13, and 21 of the '998 patent to the Representative

Accused Products that include DDR3 memory controllers are attached as Exhibit 4. (9) Pine

207.

Upon information and belief, at least the Pine products that include a DDR3

memory controller directly or indirectly infringe at least the asserted claims 7, 13, 21, and 22 of the '998 patent. 208.

Upon information and belief, Pine imports, sells for importation, offers for sale

and sells after importation, operates, and/or tests Pine's Accused Products in the United States, thereby directly infringing at least the asserted claims of the '998 patent. 209.

Contemporaneous with the filing of this Complaint, Complainant put Pine on

notice of Rambus's infringement allegations with respect to the Asserted Patents. 210.

Upon information and belief, the memory controllers in Pine's Accused Products

are especially designed for use with a particular type of memory and are configured to comply with a corresponding standard. Upon notice of Rambus's infringement allegations with respect to the Asserted Patents, the memory controllers in Pine's Accused Products are known by Pine to be especially made or especially adapted for use in an infringement of the '998 patent, and are not a staple article or commodity of commerce suitable for substantial non-infringing use. Upon 63

information and belief, Pine has sold or offered to sell Pine's Accused Products to others whose use of those Pine Accused Products has constituted an act of direct infringement of at least the asserted claims of the '998 patent. Pine has thereby contributed to and continues to contribute to the infringement of at least the asserted claims of the '998 patent. 211.

Upon notice of Rambus's infringement allegations with respect to the Asserted

Patents, Pine knows about the '998 patent and has induced and continues to induce acts that Pine knows or should have known would induce actual infringement of at least the asserted claims of the '998 patent. Pine actively induces infringement of the asserted claims of the '998 patent by designing its products to be capable of infringement and by promoting and encouraging the use of its products in ways that infringe at least the asserted claims of the '998 patent. 212.

Charts applying claims 7, 13, and 21 of the '998 patent to the Representative

Accused Products that include DDR3 memory controllers, including one of Pine's representative products, are attached as Exhibit 4. (10)

213.

Sparkle

Upon information and belief, at least the Sparkle products that include a DDR3

memory controller directly or indirectly infringe at least the asserted claims 7, 13, 21, and 22 of the '998 patent. 214.

Upon information and belief, Sparkle imports, sells for importation, offers for sale

and sells after importation, operates, and/or tests Sparkle's Accused Products in the United States, thereby directly infringing at least the asserted claims of the '998 patent. 215.

Contemporaneous with the filing of this Complaint, Complainant put Sparkle on

notice of Rambus's infringement allegations with respect to the Asserted Patents.

64

216.

Upon information and belief, the memory controllers in Sparkle's Accused

Products are especially designed for use with a particular type of memory and are configured to comply with a corresponding standard. Upon notice of Rambus's infringement allegations with respect to the Asserted Patents, the memory controllers in Sparkle's Accused Products are known by Sparkle to be especially made or especially adapted for use in an infringement of the '998 patent, and are not a staple article or commodity of commerce suitable for substantial noninfringing use. Upon information and belief, Sparkle has sold or offered to sell Sparkle's Accused Products to others whose use of those Sparkle Accused Products has constituted an act of direct infringement of at least the asserted claims of the '998 patent. Sparkle has thereby contributed to and continues to contribute to the infringement of at least the asserted claims of the '998 patent. 217.

Upon notice of Rambus's infringement allegations with respect to the Asserted

Patents, Sparkle knows about the '998 patent and has induced and continues to induce acts that Sparkle knows or should have known would induce actual infringement of at least the asserted claims of the '998 patent. Sparkle actively induces infringement of the asserted claims of the '998 patent by designing its products to be capable of infringement and by promoting and encouraging the use of its products in ways that infringe at least the asserted claims of the '998 patent. 218.

Charts applying claims 7, 13, and 21 of the '998 patent to the Representative

Accused Products that include DDR3 memory controllers are attached as Exhibit 4. (11) 219.

BFG and Gigabyte

To the extent that BFG and/or Gigabyte products incorporate DDR3 memory

controllers, those products infringe claims 7, 13, 21, and 22 of the '998 patent in the same 65

manner as the other Respondents. Should it be learned during discovery that BFG and/or Gigabyte imports, sells for importation, offers for sale and sells after importation, operates, and/or tests DDR3 products in the United States, Complainant reserves the right to assert infringement of such products.

3. U.S. PATENT NO. 7,210,016 a) Identification and Ownership of the ’016 Patent 220.

On April 24, 2007, the USPTO duly, properly, and legally issued U.S. Patent No.

7,210,016, entitled “Method, System and Memory Controller Utilizing Adjustable Write Data Delay Settings,” to Rambus as the assignee of inventors Frederick A. Ware, Ely K. Tsern, Richard E. Perego, and Craig E. Hampel. A certified copy of the ’016 patent is attached to this Complaint as Exhibit 2. 221.

The ’016 patent issued from U.S. Patent Application No. 11/281,184, filed

November 15,2005, which is a continuation of (a)

Application No. 11/219,096, September 1, 2005, which issued as U.S. Patent No. 7,225,292, which is a continuation of

(b)

Application No. 11/094,137, filed March 31, 2005, which issued as U.S. Patent No. 7,209,397, which is a continuation of

(c)

Application No. 10/732,533, filed December 11, 2003, which issued as U.S. Patent No. 7,225,311, which is a continuation of

(d)

Application No. 09/841,911, filed April 24, 2001, which issued as U.S. Patent No. 6,675,272.

A certified copy of the prosecution history for the ’016 patent is included in Appendix A4. Copies of the technical references identified in the prosecution history of the ’016 patent are included in Appendix D.

66

222.

Copies of the prosecution histories for the related parent patents of the '016

patent, namely, U.S. Patent Nos. 6,675,272; 7,209,397; 7,225,292; and 7,225,311, were previously identified and included as part of the materials supporting the '998 patent. (See Appendix A l , A3, A5, and A6, respectively.) 223.

Frederick A. Ware, Ely K. Tsern, Richard E. Perego, and Craig E. Hampel, the

inventors of the '016 patent, assigned all rights, title, and interest in the '016 patent to Rambus. A certified copy of the assignment for the '016 patent is attached as Exhibit 3.

b) Unfair Acts by the Proposed Respondents With Respect to the '016 Patent (1) NVIDIA 224.

Upon information and belief, at least the NVIDIA products that include a DDR3

memory controller directly or indirectly infringe at least the asserted claims 7, 13, 21, and 22 of the '0 16 patent. 225.

Upon information and belief, NVIDIA imports, sells for importation, offers for

sale and sells after importation, operates, and/or tests NVIDIA's Accused Products in the United States, thereby directly infringing at least the asserted claims of the '016 patent. 226.

Upon information and belief, the memory controllers in NVIDIA's Accused

Products are especially designed for use with a particular type of memory and are configured to comply with a corresponding standard. The memory controllers in NVIDIA's Accused Products are known by NVIDIA to be especially made or especially adapted for use in an infringement of the '016 patent, and are not a staple article or commodity of commerce suitable for substantial non-infringing use. Upon information and belief, NVIDIA has sold or offered to sell NVIDIA's Accused Products to others whose use of those NVIDIA Accused Products has constituted an act of direct infringement of at least the asserted claims of the '016 patent. NVIDIA has thereby 67

contributed to and continues to contribute to the infringement of at least the asserted claims of the '016 patent. 227.

Upon information and belief, NVIDIA knows about the '016 patent and has

induced and continues to induce acts that NVIDIA knows or should have known would induce actual infringement of at least the asserted claims of the '016 patent. NVIDIA actively induces infringement of the asserted claims of the '016 patent by designing its products to be capable of infringement and by promoting and encouraging the use of its products in ways that infringe at least the asserted claims of the '016 patent. 228.

Charts applying claims 7, 13, and 21 of the '016 patent to the Representative

Accused Products that include DDR3 memory controllers, including one of NVIDIA's representative products, are attached as Exhibit 5.

(2) Asus 229.

Upon information and belief, at least the Asus products that include a DDR3

memory controller directly or indirectly infringe at least the asserted claims 7, 13, 21, and 22 of the '016 patent. 230.

Upon information and belief, Asus imports, sells for importation, offers for sale

and sells after importation, operates, and/or tests Asus's Accused Products in the United States, thereby directly infringing at least the asserted claims of the '016 patent. 231.

Contemporaneous with the filing of this Complaint, Complainant put Asus on

notice of Rambus's infringement allegations with respect to the Asserted Patents. 232.

Upon information and belief, the memory controllers in Asus's Accused Products

are especially designed for use with a particular type of memory and are configured to comply with a corresponding standard. Upon notice of Rambus's infringement allegations with respect 68

to the Asserted Patents, the memory controllers in Asus's Accused Products are known by Asus to be especially made or especially adapted for use in an infringement of the '016 patent, and are not a staple article or commodity of commerce suitable for substantial non-infringing use. Upon information and belief, Asus has sold or offered to sell Asus's Accused Products to others whose use of those Asus Accused Products has constituted an act of direct infringement of at least the asserted claims of the '016 patent. Asus has thereby contributed to and continues to contribute to the infringement of at least the asserted claims of the '016 patent. 233.

Upon notice of Rambus's infringement allegations with respect to the Asserted

Patents, Asus knows about the '016 patent and has induced and continues to induce acts that Asus knows or should have known would induce actual infringement of at least the asserted claims of the '016 patent. Asus actively induces infringement of the asserted claims of the '016 patent by designing its products to be capable of infringement and by promoting and encouraging the use of its products in ways that infringe at least the asserted claims of the '016 patent. 234.

Charts applying claims 7, 13, and 21 of the '016 patent to the Representative

Accused Products that include DDR3 memory controllers are attached as Exhibit 5.

(3) Biostar 235.

Upon information and belief, at least the Biostar products that include a DDR3

memory controller directly or indirectly infringe at least the asserted claims 7, 13, 21, and 22 of the '016 patent. 236.

Upon information and belief, Biostar imports, sells for importation, offers for sale

and sells after importation, operates, and/or tests Biostar's Accused Products in the United States, thereby directly infringing at least the asserted claims of the '016 patent.

69

237.

Contemporaneous with the filing of this Complaint, Complainant put Biostar on

notice of Rambus's infringement allegations with respect to the Asserted Patents. 238.

Upon information and belief, the memory controllers in Biostar's Accused

Products are especially designed for use with a particular type of memory and are configured to comply with a corresponding standard. Upon notice of Rambus's infringement allegations with respect to the Asserted Patents, the memory controllers in Biostar's Accused Products are known by Biostar to be especially made or especially adapted for use in an infringement of the '016 patent, and are not a staple article or commodity of commerce suitable for substantial noninfringing use. Upon information and belief, Biostar has sold or offered to sell Biostar's Accused Products to others whose use of those Biostar Accused Products has constituted an act of direct infringement of at least the asserted claims of the '016 patent. Biostar has thereby contributed to and continues to contribute to the infringement of at least the asserted claims of the '016 patent. 239.

Upon notice of Rambus's infringement allegations with respect to the Asserted

Patents, Biostar knows about the '016 patent and has induced and continues to induce acts that Biostar knows or should have known would induce actual infringement of at least the asserted claims of the '016 patent. Biostar actively induces infringement of the asserted claims of the '016 patent by designing its products to be capable of infringement and by promoting and encouraging the use of its products in ways that infringe at least the asserted claims of the '016 patent. 240.

Charts applying claims 7, 13, and 21 of the '016 patent to the Representative

Accused Products that include DDR3 memory controllers are attached as Exhibit 5 .

70

(4) Diablotek

241.

Upon information and belief, at least the Diablotek products that include a DDR3

memory controller directly or indirectly infringe at least the asserted claims 7, 13, 21, and 22 of the '016 patent. 242.

Upon information and belief, Diablotek imports, sells for importation, offers for

sale and sells after importation, operates, and/or tests Diablotek's Accused Products in the United States, thereby directly infringing at least the asserted claims of the '016 patent. 243.

Contemporaneous with the filing of this Complaint, Complainant put Diablotek

on notice of Rambus's infringement allegations with respect to the Asserted Patents. 244.

Upon information and belief, the memory controllers in Diablotek's Accused

Products are especially designed for use with a particular type of memory and are configured to comply with a corresponding standard. Upon notice of Rambus's infringement allegations with respect to the Asserted Patents, the memory controllers in Diablotek's Accused Products are known by Diablotek to be especially made or especially adapted for use in an infringement of the '016 patent, and are not a staple article or commodity of commerce suitable for substantial noninfringing use. Upon information and belief, Diablotek has sold or offered to sell Diablotek's Accused Products to others whose use of those Diablotek Accused Products has constituted an act of direct infringement of at least the asserted claims of the '016 patent. Diablotek has thereby contributed to and continues to contribute to the infringement of at least the asserted claims of the '016 patent. 245,

Upon notice of Rambus's infringement allegations with respect to the Asserted

Patents, Diablotek knows about the '016 patent and has induced and continues to induce acts that Diablotek knows or should have known would induce actual infringement of at least the asserted claims of the '016 patent. Diablotek actively induces infringement of the asserted claims of the 71

’016 patent by designing its products to be capable of infringement and by promoting and encouraging the use of its products in ways that infringe at least the asserted claims of the ’016 patent. 246.

Charts applying claims 7, 13, and 21 of the ’016 patent to the Representative

Accused Products that include DDR3 memory controllers are attached as Exhibit 5.

(5)EVGA 247.

Upon information and belief, at least the EVGA products that include a DDR3

memory controller directly or indirectly infringe at least the asserted claims 7, 13, 21, and 22 of the ’016 patent. 248.

Upon information and belief, EVGA imports, sells for importation, offers for sale

and sells after importation, operates, and/or tests EVGA’s Accused Products in the United States, thereby directly infringing at least the asserted claims of the ’016 patent. 249.

Contemporaneous with the filing of this Complaint, Complainant put EVGA on

notice of Rambus’s infringement allegations with respect to the Asserted Patents. 250.

Upon information and belief, the memory controllers in EVGA’s Accused

Products are especially designed for use with a particular type of memory and are configured to comply with a corresponding standard. Upon notice of Rambus’s infringement allegations with respect to the Asserted Patents, the memory controllers in EVGA’s Accused Products are known by EVGA to be especially made or especially adapted for use in an infringement of the ’016 patent, and are not a staple article or commodity of commerce suitable for substantial noninfringing use. Upon information and belief, EVGA has sold or offered to sell EVGA’s Accused Products to others whose use of those EVGA Accused Products has constituted an act of direct

72

infringement of at least the asserted claims of the '016 patent. EVGA has thereby contributed to and continues to contribute to the infringement of at least the asserted claims of the '016 patent. 251.

Upon notice of Rambus's infringement allegations with respect to the Asserted

Patents, EVGA knows about the '016 patent and has induced and continues to induce acts that EVGA knows or should have known would induce actual infringement of at least the asserted claims of the '016 patent. EVGA actively induces infringement of the asserted claims of the '016 patent by designing its products to be capable of infringement and by promoting and encouraging the use of its products in ways that infringe at least the asserted claims of the '016 patent. 252.

Charts applying claims 7, 13, and 21 of the '016 patent to the Representative

Accused Products that include DDR3 memory controllers are attached as Exhibit 5.

(6) €fP 253.

Upon information and belief, at least the HP products that include a DDR3

memory controller directly or indirectly infringe at least the asserted claims 7, 13, 21, and 22 of the '016 patent. 254.

Upon information and belief, HP imports, sells for importation, offers for sale and

sells after importation, operates, and/or tests HP's Accused Products in the United States, thereby directly infringing at least the asserted claims of the '016 patent. 255.

Contemporaneous with the filing of this Complaint, Complainant put HP on

notice of Rambus's infringement allegations with respect to the Asserted Patents. 256.

Upon information and belief, the memory controllers in HP's Accused Products

are especially designed for use with a particular type of memory and are configured to comply with a corresponding standard. Upon notice of Rambus's infringement allegations with respect 73

to the Asserted Patents, the memory controllers in HP's Accused Products are known by HP to be especially made or especially adapted for use in an infringement of the '016 patent, and are not a staple article or commodity of commerce suitable for substantial non-infringing use. Upon information and belief, HP has sold or offered to sell HP's Accused Products to others whose use of those HP Accused Products has constituted an act of direct infringement of at least the asserted claims of the '016 patent. HP has thereby contributed to and continues to contribute to the infringement of at least the asserted claims of the '016 patent. 257.

Upon notice of Rambus's infringement allegations with respect to the Asserted

Patents, HP knows about the '016 patent and has induced and continues to induce acts that HP knows or should have known would induce actual infringement of at least the asserted claims of the '016 patent. HP actively induces infringement of the asserted claims of the '016 patent by designing its products to be capable of infringement and by promoting and encouraging the use of its products in ways that infringe at least the asserted claims of the '016 patent. 258.

Charts applying claims 7, 13, and 21 of the '016 patent to the Representative

Accused Products that include DDR3 memory controllers are attached as Exhibit 5.

(7)MSI 259.

Upon information and belief, at least the MSI products that include a DDR3

memory controller directly or indirectly infringe at least the asserted claims 7, 13, 21, and 22 of the '016 patent. 260.

Upon information and belief, MSI imports, sells for importation, offers for sale

and sells after importation, operates, and/or tests MSI's Accused Products in the United States, thereby directly infringing at least the asserted claims of the '016 patent.

74

261.

Contemporaneous with the filing of this Complaint, Complainant put MSI on

notice of Rambus's infringement allegations with respect to the Asserted Patents. 262.

Upon information and belief, the memory controllers in MSI's Accused Products

are especially designed for use with a particular type of memory and are configured to comply with a corresponding standard. Upon notice of Rambus's infringement allegations with respect to the Asserted Patents, the memory controllers in MSI's Accused Products are known by MSI to be especially made or especially adapted for use in an infringement of the '016 patent, and are not a staple article or commodity of commerce suitable for substantial non-infringing use. Upon information and belief, MSI has sold or offered to sell MSI's Accused Products to others whose use of those MSI Accused Products has constituted an act of direct infringement of at least the asserted claims of the '016 patent. MSI has thereby contributed to and continues to contribute to the infringement of at least the asserted claims of the '016 patent. 263.

Upon notice of Rambus's infringement allegations with respect to the Asserted

Patents, MSI knows about the '016 patent and has induced and continues to induce acts that MSI knows or should have known would induce actual infringement of at least the asserted claims of the '016 patent. MSI actively induces infringement of the asserted claims of the '016 patent by designing its products to be capable of infringement and by promoting and encouraging the use of its products in ways that infringe at least the asserted claims of the '016 patent. 264.

Charts applying claims 7, 13, and 21 of the '016 patent to the Representative

Accused Products that include DDR3 memory controllers are attached as Exhibit 5.

75

(8) Palit 265.

Upon information and belief, at least the Palit products that include a DDR3

memory controller directly or indirectly infringe at least the asserted claims 7, 13, 21, and 22 of the '016 patent. 266.

Upon information and belief, Palit imports, sells for importation, offers for sale

and sells after importation, operates, and/or tests Palit's Accused Products in the United States, thereby directly infringing at least the asserted claims of the '016 patent. 267.

Contemporaneous with the filing of this Complaint, Complainant put Palit on

notice of Rambus's infringement allegations with respect to the Asserted Patents. 268.

Upon information and belief, the memory controllers in Palit's Accused Products

are especially designed for use with a particular type of memory and are configured to comply with a corresponding standard. Upon notice of Rambus's infringement allegations with respect to the Asserted Patents, the memory controllers in Palit's Accused Products are known by Palit to be especially made or especially adapted for use in an infringement of the '016 patent, and are not a staple article or commodity of commerce suitable for substantial non-infringing use. Upon information and belief, Palit has sold or offered to sell Palit's Accused Products to others whose use of those Palit Accused Products has constituted an act of direct infringement of at least the asserted claims of the '016 patent. Palit has thereby contributed to and continues to contribute to the infringement of at least the asserted claims of the '016 patent. 269.

Upon notice of Rambus's infringement allegations with respect to the Asserted

Patents, Palit knows about the '016 patent and has induced and continues to induce acts that Palit knows or should have known would induce actual infringement of at least the asserted claims of the '016 patent. Palit actively induces infringement of the asserted claims of the '016 patent by

76

designing its products to be capable of infringement and by promoting and encouraging the use of its products in ways that infringe at least the asserted claims of the '016 patent. 270.

Charts applying claims 7, 13, and 21 of the '016 patent to the Representative

Accused Products that include DDR3 memory controllers are attached as Exhibit 5.

(9) Pine 271.

Upon information and belief, at least the Pine products that include a DDR3

memory controller directly or indirectly infringe at least the asserted claims 7, 13, 21, and 22 of the '016 patent. 272.

Upon information and belief, Pine imports, sells for importation, offers for sale

and sells after importation, operates, and/or tests Pine's Accused Products in the United States, thereby directly infringing at least the asserted claims of the '016 patent. 273.

Contemporaneous with the filing of this Complaint, Complainant put Pine on

notice of Rambus's infringement allegations with respect to the Asserted Patents. 274.

Upon information and belief, the memory controllers in Pine's Accused Products

are especially designed for use with a particular type of memory and are configured to comply with a corresponding standard. Upon notice of Rambus's infringement allegations with respect to the Asserted Patents, the memory controllers in Pine's Accused Products are known by Pine to be especially made or especially adapted for use in an infringement of the '016 patent, and are not a staple article or commodity of commerce suitable for substantial non-infringing use. Upon information and belief, Pine has sold or offered to sell Pine's Accused Products to others whose use of those Pine Accused Products has constituted an act of direct infringement of at least the asserted claims of the '016 patent. Pine has thereby contributed to and continues to contribute to the infringement of at least the asserted claims of the '016 patent. 77

275.

Upon notice of Rambus's infringement allegations with respect to the Asserted

Patents, Pine knows about the '016 patent and has induced and continues to induce acts that Pine knows or should have known would induce actual infringement of at least the asserted claims of the '016 patent. Pine actively induces infringement of the asserted claims of the '016 patent by designing its products to be capable of infringement and by promoting and encouraging the use of its products in ways that infringe at least the asserted claims of the '016 patent. 276.

Charts applying claims 7, 13, and 21 of the '016 patent to the Representative

Accused Products that include DDR3 memory controllers, including one of Pine's representative products, are attached as Exhibit 5.

(10) 277.

Sparkle

Upon information and belief, at least the Sparkle products that include a DDR3

memory controller directly or indirectly infringe at least the asserted claims 7, 13, 21, and 22 of the '016 patent. 278.

Upon information and belief, Sparkle imports, sells for importation, offers for sale

and sells after importation, operates, and/or tests Sparkle's Accused Products in the United States, thereby directly infringing at least the asserted claims of the '016 patent. 279.

Contemporaneous with the filing of this Complaint, Complainant put Sparkle on

notice of Rambus's infringement allegations with respect to the Asserted Patents. 280.

Upon information and belief, the memory controllers in Sparkle's Accused

Products are especially designed for use with a particular type of memory and are configured to comply with a corresponding standard. Upon notice of Rambus's infringement allegations with respect to the Asserted Patents, the memory controllers in Sparkle's Accused Products are known by Sparkle to be especially made or especially adapted for use in an infringement of the '016 78

patent, and are not a staple article or commodity of commerce suitable for substantial noninfringing use. Upon information and belief, Sparkle has sold or offered to sell Sparkle's Accused Products to others whose use of those Sparkle Accused Products has constituted an act of direct infringement of at least the asserted claims of the '016 patent. Sparkle has thereby contributed to and continues to contribute to the infringement of at least the asserted claims of the '016 patent. 281.

Upon notice of Rambus's infringement allegations with respect to the Asserted

Patents, Sparkle knows about the '016 patent and has induced and continues to induce acts that Sparkle knows or should have known would induce actual infringement of at least the asserted claims of the '016 patent. Sparkle actively induces infringement of the asserted claims of the '016 patent by designing its products to be capable of infringement and by promoting and encouraging the use of its products in ways that infringe at least the asserted claims of the '016 patent. 282.

Charts applying claims 7, 13, and 21 of the '016 patent to the Representative

Accused Products that include DDR3 memory controllers are attached as Exhibit 5. (11) 283.

BFG and Gigabyte

To the extent that BFG and/or Gigabyte products incorporate DDR3 memory

controllers, those products infringe claims 7, 13, 21, and 22 of the '016 patent in the same manner as the other Respondents. Should it be learned during discovery that BFG and/or Gigabyte imports, sells for importation, offers for sale and sells after importation, operates, and/or tests DDR3 products in the United States, Complainant reserves the right to assert infringement of such products.

79

4. Foreign Counterparts of the Ware Patents 284.

The following foreign counterpart patents, utility models, or applications

correspond to the '998 and '016 patents:

Jurisdiction

Application No.

Publication No.

Patent No.

Status

Germany

202215 11.3

Germany

02009032.O

Germany

2022 1512.1

Japan

JP 2002- 122494

JP 2002-342 154

Pending

Japan

JP 2008-027486

JP 2008-123552

Pending

Japan

JP 2008-027488

JP 2008-135063

Pending

Japan

JP 2002- 122447

JP 2002-342 153

Pending

Europe

02009032.O

EP 1291778 A2

1291778 B1

National Phase

United Kingdom

02009032.O

EP 1291778 A2

1291778 B1

Issued

France

02009032.O

EP 1291778 A2

1291778 B1

Issued

Italy

02009032.O

EP 1291778 A2

1291778 B1

Issued

Europe

0200903 1.2

EP 1253521 A2

Pending

Europe

05022021.9

EP 1653374 A2

Pending

285.

EP 1291778 A2

Nr. 20221511.3

Issued

DE 60220863 T2

Issued

Nr. 20221512.1

Issued

To the best of Rambus's knowledge, information, and belief, there are no other

foreign patents or patent applications pending, filed, abandoned, or rejected corresponding to the '998 andlor '016 patents. 5.

286.

Licenses to the Ware Patents

The identities of all parties with a license to the Ware patents, namely the '998

and '016 patents, are set forth in Confidential Exhibit 46. 287.

To the best of Rambus's knowledge, information, or belief, there are no other

licenses to the '998 and/or '016 patents.

80

B. 288.

THE BARTH I PATENTS Three Asserted Patents in this investigation-the

’405 patent, the ’353 patent, and

priority to Application No. 08645,292 filed on October 19, 1995, and

the ’109 patent-claim

name Richard M. Barth, Frederick A. Ware, John B. Dillon, Donald C. Stark, Craig E. Hampel, and Matthew M. Griffin as inventors (hereinafter referred to as “the Barth I patents”). 1. Non-Technical Description of the Barth I Patents 289.

The Barth I patents are generally directed to controlling data transfers to and from

memory devices. In synchronous memory systems, data transfers occur based on a clock signal. The Barth I patents disclose, among other things, using a strobe signal in addition to a clock signal to transfer data. The strobe signal indicates when a memory device should sample or send data. For example, the Barth I patents disclose a memory controller that issues a write command to a memory device and then issues a strobe signal to signal the memory device to sample data. Using a strobe signal increases the efficiency and data rates in a system.

2. U.S. Patent No. 6,470,405 a) Identification and Ownership of the ’405 Patent 290.

On October 22, 2002, the USPTO duly, properly, and legally issued U.S. Patent

No. 6,470,405, entitled “Protocol For Communication With Dynamic Memory” to Rambus as assignee of inventors Richard M. Barth, Frederick A. Ware, John B. Dillon, Donald C. Stark, Craig E. Hampel, and Matthew M. Griffin. A certified copy of the ’405 patent is attached to this Complaint as Exhibit 6. 291.

The ’405 patent issued from U.S. Patent Application No. 09/870,322 filed May

29,2001, which is a continuation of (a)

Application No. 09/561,868, filed May 1, 2000, which issued as U.S. Patent No. 6,591,353 (discussed below in Section V.B.3), which is a continuation of 81

(b)

Application No. 09/480,767, filed January 10, 2000, which issued as U.S. Patent No. 6,810,449, which is a continuation of

(c)

Application No. 08/979,402, filed November 26, 1997, which issued as U.S. Patent No. 6,122,688, which is a division of

(d)

Application No. 08/545,292, filed October 19, 1995, which issued as U.S. Patent No. 5,748,914.

A certified copy of the prosecution history of the '405 patent is included in Appendix B3. Copies of the technical references identified in the prosecution history of the '405 patent are included in Appendix D. 292.

Copies of the prosecution histories for the related parent patents of the '405

patent, namely U.S. Patent Nos. 5,748,914; 6,122,688; 6,591,353; and 6,810,449, are included in Appendix B1, B2, B4, and B5, respectively. 293.

Richard M. Barth, Frederick A. Ware, John B. Dillon, Donald C. Stark, Craig E.

Hampel, and Matthew M. Griffin, the inventors of the '405 patent, assigned all rights title, and interest in the '405 patent to Rambus. A certified copy of the assignment for the '405 patent is attached as Exhibit 9.

b) Unfair Acts by the Proposed Respondents With Respect to the '405 Patent (1) NVIDIA 294.

Upon information and belief, at least the NVIDIA products that include a DDR,

DDR2, DDR3, GDDR, GDDR2, or GDDR3 memory controller directly or indirectly infringe at least the asserted claims 11-13, 15, and 18 of the '405 patent. 295.

Upon information and belief, NVIDIA imports, sells for importation, offers for

sale and sells after importation, operates, and/or tests NVIDIA's Accused Products in the United States, thereby directly infringing at least the asserted claims of the '405 patent. 82

296.

Upon information and belief, the memory controllers in NVIDIA's Accused

Products are especially designed for use with a particular type of memory and are configured to comply with a corresponding standard. The memory controllers in NVIDIA's Accused Products are known by NVIDIA to be especially made or especially adapted for use in an infringement of the '405 patent, and are not a staple article or commodity of commerce suitable for substantial non-infringing use. Upon information and belief, NVIDIA has sold or offered to sell NVIDIA's Accused Products to others whose use of those NVIDIA Accused Products has constituted an act of direct infringement of at least the asserted claims of the '405 patent. NVIDIA has thereby contributed to and continues to contribute to the infringement of at least the asserted claims of the '405 patent. 297.

Upon information and belief, NVIDIA knows about the '405 patent and has

induced and continues to induce acts that NVIDIA knows or should have known would induce actual infringement of at least the asserted claims of the '405 patent. NVIDIA actively induces infringement of the asserted claims of the '405 patent by designing its products to be capable of infringement and by promoting and encouraging the use of its products in ways that infringe at least the asserted claims of the '405 patent. 298.

Charts applying claim 11 of the '405 patent to the Representative Accused

Products that include DDR3, GDDR3, and DDR2 memory controllers, including NVIDIA's representative products, are attached as Exhibits 10A-C, respectively. (2) Asus 299.

Upon information and belief, at least the Asus products that include a DDR,

DDR2, DDR3, GDDR, GDDR2, or GDDR3 memory controller directly or indirectly infringe at least the asserted claims 11-13, 15, and 18 of the '405 patent. 83

300.

Upon information and belief, Asus imports, sells for importation, offers for sale

and sells after importation, operates, and/or tests Asus's Accused Products in the United States, thereby directly infringing at least the asserted claims of the '405 patent.

301.

Contemporaneous with the filing of this Complaint, Complainant put Asus on

notice of Rambus's infringement allegations with respect to the Asserted Patents.

302.

Upon information and belief, the memory controllers in Asus's Accused Products

are especially designed for use with a particular type of memory and are configured to comply with a corresponding standard. Upon notice of Rambus's infringement allegations with respect to the Asserted Patents, the memory controllers in Asus's Accused Products are known by Asus to be especially made or especially adapted for use in an infringement of the '405 patent, and are not a staple article or commodity of commerce suitable for substantial non-infringing use. Upon information and belief, Asus has sold or offered to sell Asus's Accused Products to others whose use of those Asus Accused Products has constituted an act of direct infringement of at least the asserted claims of the '405 patent. Asus has thereby contributed to and continues to contribute to the infringement of at least the asserted claims of the '405 patent. 303.

Upon notice of Rambus's infringement allegations with respect to the Asserted

Patents, Asus knows about the '405 patent and has induced and continues to induce acts that Asus knows or should have known would induce actual infringement of at least the asserted claims of the '405 patent. Asus actively induces infringement of the asserted claims of the '405 patent by designing its products to be capable of infringement and by promoting and encouraging the use of its products in ways that infringe at least the asserted claims of the '405 patent.

84

304.

Charts applying claim 11 of the ’405 patent to the Representative Accused

Products that include DDR3, GDDR3, and DDR2 memory controllers, including Asus’s representative product, are attached as Exhibits IOA-C, respectively.

(3) BFG 305.

Upon information and belief, at least the BFG products that include a DDR,

DDR2, DDR3, GDDR, GDDR2, or GDDR3 memory controller directly or indirectly infringe at least the asserted claims 11-13, 15, and 18 of the ’405 patent. 306.

Upon information and belief, BFG imports, sells for importation, offers for sale

and sells after importation, operates, and/or tests BFG’s Accused Products in the United States, thereby directly infringing at least the asserted claims of the ’405 patent. 307.

Contemporaneous with the filing of this Complaint, Complainant put BFG on

notice of Rambus’s infringement allegations with respect to the Asserted Patents. 308.

Upon information and belief, the memory controllers in BFG’s Accused Products

are especially designed for use with a particular type of memory and are configured to comply with a corresponding standard. Upon notice of Rambus’s infringement allegations with respect to the Asserted Patents, the memory controllers in BFG’s Accused Products are known by BFG to be especially made or especially adapted for use in an infringement of the ’405 patent, and are not a staple article or commodity of commerce suitable for substantial non-infringing use. Upon information and belief, BFG has sold or offered to sell BFG’s Accused Products to others whose use of those BFG Accused Products has constituted an act of direct infringement of at least the asserted claims of the ’405 patent. BFG has thereby contributed to and continues to contribute to the infringement of at least the asserted claims of the ’405 patent.

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309.

Upon notice of Rambus's infringement allegations with respect to the Asserted

Patents, BFG knows about the '405 patent and has induced and continues to induce acts that BFG knows or should have known would induce actual infringement of at least the asserted claims of the '405 patent. BFG actively induces infringement of the asserted claims of the '405 patent by designing its products to be capable of infringement and by promoting and encouraging the use of its products in ways that infringe at least the asserted claims of the '405 patent. 310.

Charts applying claim 11 of the '405 patent to the Representative Accused

Products that include DDR3, GDDR3, and DDR2 memory controllers, including BFG's representative product, are attached as Exhibits 1OA-C, respectively. (4) Biostar

3 11.

Upon information and belief, at least the Biostar products that include a DDR,

DDR2, DDR3, GDDR, GDDR2, or GDDR3 memory controller directly or indirectly infringe at least the asserted claims 11-13, 15, and 18 of the '405 patent. 312.

Upon information and belief, Biostar imports, sells for importation, offers for sale

and sells after importation, operates, and/or tests Biostar's Accused Products in the United States, thereby directly infringing at least the asserted claims of the '405 patent. 313.

Contemporaneous with the filing of this Complaint, Complainant put Biostar on

notice of Rambus's infringement allegations with respect to the Asserted Patents. 3 14.

Upon information and belief, the memory controllers in Biostar's Accused

Products are especially designed for use with a particular type of memory and are configured to comply with a corresponding standard. Upon notice of Rambus's infringement allegations with respect to the Asserted Patents, the memory controllers in Biostar's Accused Products are known by Biostar to be especially made or especially adapted for use in an infringement of the '405

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