Itc Complaint 2[1]

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 10A-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

86

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 '405 patent. Biostar has thereby contributed to and continues to contribute to the infringement of at least the asserted claims of the '405 patent. 315.

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

Patents, Biostar knows about the '405 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 '405 patent. Biostar 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. 316.

Charts applying claim 11 of the '405 patent to the Representative Accused

Products that include DDR3, GDDR3, and DDR2 memory controllers, including Biostar's representative product, are attached as Exhibits 10A-C, respectively. (5) Diablotek

317.

Upon information and belief, at least the Diablotek 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. 318.

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 '405 patent. 87

3 19.

Contemporaneous with the filing of this Complaint, Complainant put Diablotek

on notice of Rambus's infringement allegations with respect to the Asserted Patents. 320.

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 '405 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 '405 patent. Diablotek has thereby contributed to and continues to contribute to the infringement of at least the asserted claims of the '405 patent. 321.

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

Patents, Diablotek knows about the '405 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 '405 patent. Diablotek 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. 322.

Charts applying claim 11 of the '405 patent to the Representative Accused

Products that include DDR3, GDDR3, and DDR2 memory controllers, including Diablotek's representative product, are attached as Exhibits IOA-C, respectively.

88

(6)EVGA 323.

Upon information and belief, at least the EVGA 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. 324.

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 '405 patent. 325.

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

notice of Rambus's infringement allegations with respect to the Asserted Patents. 326.

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 '405 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 '405 patent. EVGA has thereby contributed to and continues to contribute to the infringement of at least the asserted claims of the '405 patent. 327.

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

Patents, EVGA knows about the '405 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 '405 patent. EVGA actively induces infringement of the asserted claims of the '405 patent by designing its products to be capable of infringement and by promoting and 89

encouraging the use of its products in ways that infringe at least the asserted claims of the ’405 patent. 328.

Charts applying claim 11 of the ’405 patent to the Representative Accused

Products that include DDR3, GDDR3, and DDR2 memory controllers, including EVGA’s representative product, are attached as Exhibits 10A-C, respectively.

(7) Gigabyte 329.

Upon information and belief, at least the Gigabyte 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. 330.

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

sale and sells after importation, operates, and/or tests Gigabyte’s Accused Products in the United States, thereby directly infringing at least the asserted claims of the ’405 patent. 331.

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

notice of Rambus’s infringement allegations with respect to the Asserted Patents. 332.

Upon information and belief, the memory controllers in Gigabyte’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 Gigabyte’s Accused Products are known by Gigabyte 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 noninfringing use. Upon information and belief, Gigabyte has sold or offered to sell Gigabyte’s Accused Products to others whose use of those Gigabyte Accused Products has constituted an act of direct infringement of at least the asserted claims of the ’405 patent. Gigabyte has thereby

90

contributed to and continues to contribute to the infringement of at least the asserted claims of the '405 patent. 333.

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

Patents, Gigabyte knows about the '405 patent and has induced and continues to induce acts that Gigabyte knows or should have known would induce actual infringement of at least the asserted claims of the '405 patent. Gigabyte 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. 334.

Charts applying claim 11 of the '405 patent to the Representative Accused

Products that include DDR3, GDDR3, and DDRZ memory controllers, including Gigabyte's representative product, are attached as Exhibits 10A-C, respectively.

(8) €€.P 335.

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

DDR3, GDDR, GDDRZ, or GDDR3 memory controller directly or indirectly infringe at least the asserted claims 11-13, 15, and 18 of the '405 patent. 336.

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 '405 patent. 337.

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

notice of Rambus's infringement allegations with respect to the Asserted Patents. 338.

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

91

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 ‘405 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’sAccused 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 ’405 patent. HP has thereby contributed to and continues to contribute to the infringement of at least the asserted claims of the ’405 patent. 339.

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

Patents, HP knows about the ’405 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 ’405 patent. HP 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. 340.

Charts applying claim 11 of the ’405 patent to the Representative Accused

Products that include DDR3, GDDR3, and DDR2 memory controllers, including HP’s representative product, are attached as Exhibits 10A-C, respectively.

(9) MSI 341.

Upon information and belief, at least the MSI 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.

92

342.

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 '405 patent. 343.

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

notice of Rambus's infringement allegations with respect to the Asserted Patents. 344.

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 '405 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 '405 patent. MSI has thereby contributed to and continues to contribute to the infringement of at least the asserted claims of the '405 patent. 345.

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

Patents, MSI knows about the '405 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 '405 patent. MSI 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.

93

346.

Charts applying claim 11 of the ’405 patent to the Representative Accused

Products that include DDR3, GDDR3, and DDR2 memory controllers, including MSI’s representative product, are attached as Exhibits 10A-C, respectively.

(10) 347.

Palit

Upon information and belief, at least the Palit 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. 348.

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 ’405 patent. 349.

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

notice of Rambus’s infringement allegations with respect to the Asserted Patents. 350.

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 ’405 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 ’405 patent. Palit has thereby contributed to and continues to contribute to the infringement of at least the asserted claims of the ’405 patent.

94

351.

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

Patents, Palit knows about the '405 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 '405 patent. Palit 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. 352.

Charts applying claim 11 of the '405 patent to the Representative Accused

Products that include DDR3, GDDR3, and DDR2 memory controllers, including Palit's representative product, are attached as Exhibits 10A-C, respectively.

(11) 353.

Pine

Upon information and belief, at least the Pine 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. 354.

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

and sells after importation, operates, andlor tests Pine's Accused Products in the United States, thereby directly infringing at least the asserted claims of the '405 patent. 355.

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

notice of Rambus's infringement allegations with respect to the Asserted Patents. 356.

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 '405 patent, and are 95

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 '405 patent. Pine has thereby contributed to and continues to contribute to the infringement of at least the asserted claims of the '405 patent. 357.

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

Patents, Pine knows about the '405 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 '405 patent. Pine 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. 358.

Charts applying claim 11 of the '405 patent to the Representative Accused

Products that include DDR3, GDDR3, and DDR2 memory controllers, including Pine's representative products, are attached as Exhibits 10A-C, respectively. (12) 359.

Sparkle

Upon information and belief, at least the Sparkle 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. 360.

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 '405 patent. 361.

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

notice of Rambus's infringement allegations with respect to the Asserted Patents. 96

362.

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 '405 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 '405 patent. Sparkle has thereby contributed to and continues to contribute to the infringement of at least the asserted claims of the '405 patent. 363.

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

Patents, Sparkle knows about the '405 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 '405 patent. Sparkle 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. 364.

Charts applying claim 11 of the '405 patent to the Representative Accused

Products that include DDR3, GDDR3, and DDR2 memory controllers, including Sparkle's representative product, are attached as Exhibits 10A-C, respectively.

97

3. U.S. Patent No. 6,591,353 a) Identification and Ownership of the ’353 Patent 365.

On July 8, 2003, the USPTO duly, properly, and legally issued U.S. Patent No.

6,591,353, 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 ’353 patent is attached to this Complaint as Exhibit 7. 366.

The ’353 patent issued from U.S. Patent Application No. 09/561,868 filed May 1,

2000, which is a continuation of

367.

(a)

Application No. 09/480,767, filed January 10, 2000, which issued as U.S. Patent No. 6,810,449, which is a continuation of

(b)

Application No. 08/979,402, filed November 26, 1997, which issued as U.S. Patent No. 6,122,688, which is a division of

(c)

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 ’353 patent is included in

Appendix B4. Copies of the technical references identified in the prosecution history of the ’353 patent are included in Appendix D. 368.

Copies of the prosecution histories for the related parent patents of the ’353

patent, namely U.S. Patent Nos. 5,748,914; 6,122,688; and 6,810,449, were previously identified and included as part of the materials supporting the ’405 patent. (See Appendices B1, B2, and B5, respectively.) 369.

Richard M. Barth, Frederick A. Ware, John B. Dillon, Donald C. Stark, Craig E.

Hampel, and Matthew M. Griffin, the inventors of the ’353 patent, assigned all rights, title, and

98

interest in the '353 patent to Rambus. A certified copy of the assignment of the '353 patent is attached as Exhibit 9

b) Unfair Acts by the Proposed Respondents With Respect to the '353 Patent (1) NVIDIA 370.

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 of the '353 patent. 371.

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 '353 patent. 372.

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 '353 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 '353 patent. NVIDIA has thereby contributed to and continues to contribute to the infringement of at least the asserted claims of the '353 patent. 373.

Upon information and belief, NVIDIA knows about the '353 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 '353 patent. NVIDIA actively induces

99

infringement of the asserted claims of the ’353 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 ’353 patent. 374.

Charts applying claim 11 of the ’353 patent to the Representative Accused

Products that include DDR3, GDDR3, and DDR2 memory controllers, including NVIDL4’s representative products, are attached as Exhibits 11A-C, respectively. (2) Asus

375.

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 of the ’353 patent. 376.

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 ’353 patent. 377.

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

notice of Rambus’s infringement allegations with respect to the Asserted Patents. 378.

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 ’353 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 100

asserted claims of the '353 patent. Asus has thereby contributed to and continues to contribute to the infringement of at least the asserted claims of the '353 patent. 379.

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

Patents, Asus knows about the '353 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 '353 patent. Asus actively induces infringement of the asserted claims of the '353 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 '353 patent. 380.

Charts applying claim 11 of the '353 patent to the Representative Accused

Products that include DDR3, GDDR3, and DDR2 memory controllers, including Asus's representative product, are attached as Exhibits 11A-C, respectively.

(3) BFG 381.

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 of the '353 patent. 382.

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 '353 patent. 383.

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

notice of Rambus's infringement allegations with respect to the Asserted Patents. 384.

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 101

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 '353 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 '353 patent. BFG has thereby contributed to and continues to contribute to the infringement of at least the asserted claims of the '353 patent. 385.

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

Patents, BFG knows about the '353 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 '353 patent. BFG actively induces infringement of the asserted claims of the '353 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 '353 patent. 386.

Charts applying claim 11 of the '353 patent to the Representative Accused

Products that include DDR3, GDDR3, and DDR2 memory controllers, including BFG's representative product, are attached as Exhibits 11A-C, respectively. (4) Biostar

387.

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 of the '353 patent. 388.

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 '353 patent. 102

389.

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

notice of Rambus's infringement allegations with respect to the Asserted Patents. 390.

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 '353 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 '353 patent. Biostar has thereby contributed to and continues to contribute to the infringement of at least the asserted claims of the '353 patent. 391.

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

Patents, Biostar knows about the '353 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 '353 patent. Biostar actively induces infringement of the asserted claims of the '353 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 '353 patent. 392.

Charts applying claim 11 of the '353 patent to the Representative Accused

Products that include DDR3, GDDR3, and DDR2 memory controllers, including Biostar's representative product, are attached as Exhibits 11A-C, respectively.

103

( 5 ) Diablotek

393.

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

DDR2, DDR3, GDDR, GDDR2, or GDDR3 memory controller directly or indirectly infringe at least the asserted claims 11-13 of the '353 patent. 394.

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 '353 patent. 395.

Contemporaneous with the filing of this Complaint, Complainant put Diablotek

on notice of Rambus's infringement allegations with respect to the Asserted Patents. 396.

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 '353 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 '353 patent. Diablotek has thereby contributed to and continues to contribute to the infringement of at least the asserted claims of the '353 patent. 397.

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

Patents, Diablotek knows about the '353 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 '353 patent. Diablotek actively induces infringement of the asserted claims of the 104

’353 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 ’353 patent. 398.

Charts applying claim 11 of the ’353 patent to the Representative Accused

Products that include DDR3, GDDR3, and DDR2 memory controllers, including Diablotek’s representative product, are attached as Exhibits 11A-C, respectively.

(6) EVGA 399.

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

DDR2, DDR3, GDDR, GDDR2, or GDDR3 memory controller directly or indirectly infringe at least the asserted claims 11-13 of the ’353 patent.

400.

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 ’353 patent. 401.

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

notice of Rambus’s infringement allegations with respect to the Asserted Patents. 402.

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 ’353 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 105

infringement of at least the asserted claims of the '353 patent. EVGA has thereby contributed to and continues to contribute to the infringement of at least the asserted claims of the '353 patent. 403.

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

Patents, EVGA knows about the '353 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 '353 patent. EVGA actively induces infringement of the asserted claims of the '353 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 '353 patent. 404.

Charts applying claim 11 of the '353 patent to the Representative Accused

Products that include DDR3, GDDR3, and DDR2 memory controllers, including EVGA' s representative product, are attached as Exhibits 11A-C, respectively.

(7)Gigabyte 405.

Upon information and belief, at least the Gigabyte products that include a DDR,

DDR2, DDR3, GDDR, GDDR2, or GDDR3 memory controller directly or indirectly infringe at least the asserted claims 11-13 of the '353 patent. 406.

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

sale and sells after importation, operates, and/or tests Gigabyte's Accused Products in the United States, thereby directly infringing at least the asserted claims of the '353 patent. 407.

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

notice of Rambus's infringement allegations with respect to the Asserted Patents. 408.

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

Products are especially designed for use with a particular type of memory and are configured to 106

comply with a corresponding standard. Upon notice of Rambus's infringement allegations with respect to the Asserted Patents, the memory controllers in Gigabyte's Accused Products are known by Gigabyte to be especially made or especially adapted for use in an infringement of the '353 patent, and are not a staple article or commodity of commerce suitable for substantial noninfringing use. Upon information and belief, Gigabyte has sold or offered to sell Gigabyte's Accused Products to others whose use of those Gigabyte Accused Products has constituted an act of direct infringement of at least the asserted claims of the '353 patent. Gigabyte has thereby contributed to and continues to contribute to the infringement of at least the asserted claims of the '353 patent. 409.

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

Patents, Gigabyte knows about the '353 patent and has induced and continues to induce acts that Gigabyte knows or should have known would induce actual infringement of at least the asserted claims of the '353 patent. Gigabyte actively induces infringement of the asserted claims of the '353 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 '353 patent. 410.

Charts applying claim 11 of the '353 patent to the Representative Accused

Products that include DDR3, GDDR3, and DDR2 memory controllers, including Gigabyte's representative product, are attached as Exhibits 11A-C, respectively.

(8) H p 41 1.

Upon information and belief, at least the HP products that include a DDR, DDR2,

DDR3, GDDR, GDDR2, or GDDR3 memory controller directly or indirectly infringe at least the asserted claims 11-13 of the '353 patent. 107

412.

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 ’353 patent. 413.

Contemporaneous with the filing of this Complaint, Complainant put

HP on

notice of Rambus’s infringement allegations with respect to the Asserted Patents. 414.

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 ’353 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 ’353 patent. HP has thereby contributed to and continues to contribute to the infringement of at least the asserted claims of the ’353 patent. 415.

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

Patents, HP knows about the ’353 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 ’353 patent. HP actively induces infringement of the asserted claims of the ’353 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 ’353 patent.

108

416.

Charts applying claim 11 of the ’353 patent to the Representative Accused

Products that include DDR3, GDDR3, and DDR2 memory controllers, including

Hp’s

representative product, are attached as Exhibits 11A-C, respectively.

(9) MSI 417.

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

DDR2, DDR3, GDDR, GDDR2, or GDDR3 memory controller directly or indirectly infringe at least the asserted claims 11-13 of the ’353 patent. 418.

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 ’353 patent. 419.

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

notice of Rambus’s infringement allegations with respect to the Asserted Patents. 420.

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 ’353 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 ’353 patent. MSI has thereby contributed to and continues to contribute to the infringement of at least the asserted claims of the ’353 patent.

109

421.

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

Patents, MSI knows about the '353 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 '353 patent. MSI actively induces infringement of the asserted claims of the '353 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 '353 patent. 422.

Charts applying claim 11 of the '353 patent to the Representative Accused

Products that include DDR3, GDDR3, and DDR2 memory controllers, including MSI's representative product, are attached as Exhibits 11A-C, respectively. (10) 423.

Palit

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

DDR2, DDR3, GDDR, GDDR2, or GDDR3 memory controller directly or indirectly infringe at least the asserted claims 11-13 of the '353 patent. 424.

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 '353 patent. 425.

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

notice of Rambus's infringement allegations with respect to the Asserted Patents. 426.

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 '353 patent, and are 110

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 '353 patent. Palit has thereby contributed to and continues to contribute to the infringement of at least the asserted claims of the '353 patent. 427.

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

Patents, Palit knows about the '353 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 '353 patent. Palit actively induces infringement of the asserted claims of the '353 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 '353 patent. 428.

Charts applying claim 11 of the '353 patent to the Representative Accused

Products that include DDR3, GDDR3, and DDR2 memory controllers, including Palit's representative product, are attached as Exhibits 11A-C, respectively.

(11) 429.

Pine

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

DDR2, DDR3, GDDR, GDDR2, or GDDR3 memory controller directly or indirectly infringe at least the asserted claims 11-13 of the '353 patent. 430.

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 '353 patent. 431.

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

notice of Rambus's infringement allegations with respect to the Asserted Patents. 111

432.

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 '353 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 '353 patent. Pine has thereby contributed to and continues to contribute to the infringement of at least the asserted claims of the '353 patent. 433.

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

Patents, Pine knows about the '353 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 '353 patent. Pine actively induces infringement of the asserted claims of the '353 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 '353 patent. 434.

Charts applying claim 11 of the '353 patent to the Representative Accused

Products that include DDR3, GDDR3, and DDR2 memory controllers, including Pine's representative products, are attached as Exhibits 11A-C, respectively.

(12) 435.

Sparkle

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

DDR2, DDR3, GDDR, GDDR2, or GDDR3 memory controller directly or indirectly infringe at least the asserted claims 11-13 of the '353 patent. 112

436.

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 '353 patent. 437.

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

notice of Rambus's infringement allegations with respect to the Asserted Patents. 438.

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 '353 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 '353 patent. Sparkle has thereby contributed to and continues to contribute to the infringement of at least the asserted claims of the '353 patent. 439.

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

Patents, Sparkle knows about the '353 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 '353 patent. Sparkle actively induces infringement of the asserted claims of the '353 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 '353 patent.

113

440.

Charts applying claim 11 of the ’353 patent to the Representative Accused

Products that include DDR3, GDDR3, and DDR2 memory controllers, including Sparkle’s representative product, are attached as Exhibits 11A-C, respectively.

4. U.S. Patent No. 7,287,109 a) Identification and Ownership of the ’109 Patent 441.

On October 23, 2007, the USPTO duly, properly, and legally issued U.S. Patent

No. 7,287,109, entitled “Method of Controlling a Memory Device Having a Memory Core” to Rambus as assignee of inventors Richard M. Barth, Frederick A. Ware, John B. Dillon, Donald C. Stark, Craig E. Harnpel, and Matthew M. Griffin. A certified copy of the ’109 patent is attached to this Complaint as Exhibit 8.. 442.

The ’109 patent issued from U.S. Patent Application No. 10/966,767 filed

October 15, 2004, which is a continuation of Application No. 10/094,547, filed March 8, 2002, which issued as U.S. Patent No. 6,931,467, which is a continuation of Application No. 09/870,322, filed May 29, 2001, which issued as U.S. Patent No. 6,470,405 (discussed above in Section V.B.2), which is a continuation of Application No. 09/561,868, filed May 1, 2000, which issued as U.S. Patent No. 6,591,353 (discussed above in Section V.B.3), which is a continuation of Application No. 09/480,767, filed January 10, 2000, which issued as U.S. Patent No. 6,810,449, which is a continuation of Application No. 08/979,402, filed November 26, 1997, which issued as U.S. Patent No. 6,122,688, which is a division of Application No. 08/545,292, filed October 19, 1995, which issued as U.S. Patent No. 5,748,914.

114

A certified copy of the prosecution history of the ,109 patent is included in Appendix B7. Copies of the technical references identified in the prosecution history of the ’109 patent are included in Appendix D. 443.

Copies of the prosecution histories of the related parent patents to the ’ 109 patent,

namely U.S. Patent Nos. 5,748,914; 6,122,688; 6,470,405; 6,591,353; 6,810,449; and 6,931,467, some of which were previously identified, are included in Appendices B 1-B6, respectively. 444.

Richard M. Barth, Frederick A. Ware, John B. Dillon, Donald C. Stark, Craig E.

Hampel, and Matthew M. Griffin, the inventors of the ,109 patent, assigned all rights, title, and interest in the ’ 109 patent to Rambus. A certified copy of the assignment for the ’ 109 patent is attached as Exhibit 9.

b) Unfair Acts by the Proposed Respondents With Respect to the ’109 Patent (1) NVIDIA 445.

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 1-6, 11-13,20-22, and 24 of the ’109 patent. 446.

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 ’ 109 patent. 447.

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 ’109 patent, and are not a staple article or commodity of commerce suitable for substantial 115

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 '109 patent. NVIDIA has thereby contributed to and continues to contribute to the infringement of at least the asserted claims of the '109 patent. 448.

Upon information and belief, NVIDIA knows about the '109 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 '109 patent. NVIDIA actively induces infringement of the asserted claims of the '109 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 ' 109 patent. 449.

Charts applying claims 1, 12, and 20 of the ,109 patent to the Representative

Accused Products that include DDR3, GDDR3, and DDR2 memory controllers, including NVIDIA's representative products, are attached as Exhibits 12A-C, respectively.

(2) Asus 450.

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 1-6, 11-13,20-22, and 24 of the ,109 patent. 451.

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 ' 109 patent. 452.

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

notice of Rarnbus's infringement allegations with respect to the Asserted Patents. 116

453.

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 ’ 109 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 ’109 patent. Asus has thereby contributed to and continues to contribute to the infringement of at least the asserted claims of the ’ 109 patent. 454.

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

Patents, Asus knows about the ’109 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 ’109 patent. Asus actively induces infringement of the asserted claims of the ’109 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 ’109 patent. 455.

Charts applying claims 1, 12, and 20 of the ’109 patent to the Representative

Accused Products that include DDR3, GDDR3, and DDR2 memory controllers, including Asus’s representative product, are attached as Exhibits 12A-C, respectively.

(3) BFG 456.

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 1-6, 11-13,20-22, and 24 of the ’109 patent. 117

457.

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 ’109 patent. 458.

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

notice of Rambus’s infringement allegations with respect to the Asserted Patents. 459.

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 ’109 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 ’ 109 patent. BFG has thereby contributed to and continues to contribute to the infringement of at least the asserted claims of the ’ 109 patent. 460.

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

Patents, BFG knows about the ’109 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 ’109 patent. BFG actively induces infringement of the asserted claims of the ’109 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 ’ 109 patent.

118

461.

Charts applying claims 1, 12, and 20 of the ’109 patent to the Representative

Accused Products that include DDR3, GDDR3, and DDR2 memory controllers, including BFG’s representative product, are attached as Exhibits 12A-C, respectively. (4) Biostar

462.

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 1-6, 11-13,20-22, and 24 of the ’109 patent. 463.

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 ’109 patent. 464.

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

notice of Rambus’s infringement allegations with respect to the Asserted Patents. 465.

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 ’109 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 ’109 patent. Biostar has thereby contributed to and continues to contribute to the infringement of at least the asserted claims of the ,109 patent. 119

466.

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

Patents, Biostar knows about the ’109 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 ’109 patent. Biostar actively induces infringement of the asserted claims of the ’109 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 ’109 patent. 467.

Charts applying claims 1, 12, and 20 of the ’109 patent to the Representative

Accused Products that include DDR3, GDDR3, and DDR2 memory controllers, including Biostar’s representative product, are attached as Exhibits 12A-C, respectively. ( 5 ) Diablotek

468.

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

DDR2, DDR3, GDDR, GDDR2, or GDDR3 memory controller directly or indirectly infringe at least the asserted claims 1-6, 11-13,20-22, and 24 of the ’109 patent. 469.

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 ’ 109 patent. 470.

Contemporaneous with the filing of this Complaint, Complainant put Diablotek

on notice of Rambus’s infringement allegations with respect to the Asserted Patents. 471.

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 120

known by Diablotek to be especially made or especially adapted for use in an infringement of the ,109 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 ’ 109 patent. Diablotek has thereby contributed to and continues to contribute to the infringement of at least the asserted claims of the ’109 patent. 472.

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

Patents, Diablotek knows about the ’109 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 ’ 109 patent. Diablotek actively induces infringement of the asserted claims of the ,109 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 ’ 109 patent. 473.

Charts applying claims 1, 12, and 20 of the ’109 patent to the Representative

Accused Products that include DDR3, GDDR3, and DDR2 memory controllers, including Diablotek’s representative product, are attached as Exhibits 12A-C, respectively.

(6)EVGA 474.

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

DDR2, DDR3, GDDR, GDDR2, or GDDR3 memory controller directly or indirectly infringe at least the asserted claims 1-6, 11-13,20-22, and 24 of the ’109 patent.

121

475.

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 ’ 109 patent. 476.

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

notice of Rambus’s infringement allegations with respect to the Asserted Patents. 477.

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 ’109 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 ’109 patent. EVGA has thereby contributed to and continues to contribute to the infringement of at least the asserted claims of the ’ 109 patent. 478.

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

Patents, EVGA knows about the ’109 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 ’109 patent. EVGA actively induces infringement of the asserted claims of the ’109 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 ’109 patent.

122

479.

Charts applying claims 1, 12, and 20 of the ,109 patent to the Representative

Accused Products that include DDR3, GDDR3, and DDR2 memory controllers, including EVGA’s representative product, are attached as Exhibits 12A-C, respectively.

(7)Gigabyte 480.

Upon information and belief, at least the Gigabyte products that include a DDR,

DDR2, DDR3, GDDR, GDDR2, or GDDR3 memory controller directly or indirectly infringe at least the asserted claims 1-6, 11-13,20-22, and 24 of the ’109 patent. 481.

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

sale and sells after importation, operates, and/or tests Gigabyte’s Accused Products in the United States, thereby directly infringing at least the asserted claims of the ’ 109 patent. 482.

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

notice of Rambus’s infringement allegations with respect to the Asserted Patents. 483.

Upon information and belief, the memory controllers in Gigabyte’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 Gigabyte’s Accused Products are known by Gigabyte to be especially made or especially adapted for use in an infringement of the ,109 patent, and are not a staple article or commodity of commerce suitable for substantial noninfringing use. Upon information and belief, Gigabyte has sold or offered to sell Gigabyte’s Accused Products to others whose use of those Gigabyte Accused Products has constituted an act of direct infringement of at least the asserted claims of the ,109 patent. Gigabyte has thereby contributed to and continues to contribute to the infringement of at least the asserted claims of the ’ 109 patent. 123

484.

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

Patents, Gigabyte knows about the ’109 patent and has induced and continues to induce acts that Gigabyte knows or should have known would induce actual infringement of at least the asserted claims of the ,109 patent. Gigabyte actively induces infringement of the asserted claims of the ’109 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 ’ 109 patent. 485.

Charts applying claims 1, 12, and 20 of the ’109 patent to the Representative

Accused Products that include DDR3, GDDR3, and DDR2 memory controllers, including Gigabyte’s representative product, are attached as Exhibits 12A-C, respectively.

(8) Hp 486.

Upon information and belief, at least the HP products that include a DDR, DDR2,

DDR3, GDDR, GDDR2, or GDDR3 memory controller directly or indirectly infringe at least the asserted claims 1-6, 11-13,20-22, and 24 of the ’109 patent. 487.

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

sells after importation, operates, and/or tests W’s Accused Products in the United States, thereby directly infringing at least the asserted claims of the ’109 patent. 488.

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

notice of Rambus’s infringement allegations with respect to the Asserted Patents. 489.

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 124

be especially made or especially adapted for use in an infringement of the ' 109 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 '109 patent. HP has thereby contributed to and continues to contribute to the infringement of at least the asserted claims of the '109 patent. 490.

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

Patents, HP knows about the '109 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 ,109 patent. HP actively induces infringement of the asserted claims of the '109 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 '109 patent. 491.

Charts applying claims 1, 12, and 20 of the ,109 patent to the Representative

Accused Products that include DDR3, GDDR3, and DDR2 memory controllers, including HP's representative product, are attached as Exhibits 12A-C, respectively.

(9) MSI 492.

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

DDR2, DDR3, GDDR, GDDR2, or GDDR3 memory controller directly or indirectly infringe at least the asserted claims 1-6, 11-13,20-22, and 24 of the '109 patent. 493.

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 ,109 patent.

125

494.

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

notice of Rambus’s infringement allegations with respect to the Asserted Patents. 495.

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 ’109 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 ’ 109 patent. MSI has thereby contributed to and continues to contribute to the infringement of at least the asserted claims of the ’ 109 patent. 496.

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

Patents, MSI knows about the ’109 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 ’109 patent. MSI actively induces infringement of the asserted claims of the ’109 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 ’ 109 patent. 497.

Charts applying claims 1, 12, and 20 of the ’109 patent to the Representative

Accused Products that include DDR3, GDDR3, and DDR2 memory controllers, including MSI’s representative product, are attached as Exhibits 12A-C, respectively.

126

(10) 498.

Palit

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

DDR2, DDR3, GDDR, GDDR2, or GDDR3 memory controller directly or indirectly infringe at least the asserted claims 1-6, 11-13,20-22, and 24 of the ’109 patent. 499.

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 ’ 109 patent.

500.

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

notice of Rambus’s infringement allegations with respect to the Asserted Patents. 501.

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 ’ 109 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 ’109 patent. Palit has thereby contributed to and continues to contribute to the infringement of at least the asserted claims of the ’109 patent. 502.

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

Patents, Palit knows about the ’ 109 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 ’ 109 patent. Palit actively induces infringement of the asserted claims of the ’ 109 patent by

127

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 ’109 patent. 503.

Charts applying claims 1, 12, and 20 of the ’109 patent to the Representative

Accused Products that include DDR3, GDDR3, and DDR2 memory controllers, including Palit’s representative product, are attached as Exhibits 12A-C, respectively.

(11) 504.

Pine

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

DDR2, DDR3, GDDR, GDDR2, or GDDR3 memory controller directly or indirectly infringe at least the asserted claims 1-6, 11-13,20-22, and 24 of the ’109 patent. 505.

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 ’109 patent. 506.

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

notice of Rambus’s infringement allegations with respect to the Asserted Patents. 507.

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 ’109 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

128

asserted claims of the ’109 patent. Pine has thereby contributed to and continues to contribute to the infringement of at least the asserted claims of the ’109 patent.

508.

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

Patents, Pine knows about the ’109 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 ’ 109 patent. Pine actively induces infringement of the asserted claims of the ’ 109 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 ’ 109 patent. 509.

Charts applying claims 1, 12, and 20 of the ’109 patent to the Representative

Accused Products that include DDR3, GDDR3, and DDR2 memory controllers, including Pine’s representative products, are attached as Exhibits 12A-C, respectively.

(12) 510.

Sparkle

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

DDR2, DDR3, GDDR, GDDR2, or GDDR3 memory controller directly or indirectly infringe at least the asserted claims 1-6, 11-13,20-22, and 24 of the ’109 patent. 5 11.

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 ’109 patent. 512.

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

notice of Rambus’s infringement allegations with respect to the Asserted Patents. 513.

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 129

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 '109 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 '109 patent. Sparkle has thereby contributed to and continues to contribute to the infringement of at least the asserted claims of the ' 109 patent. 514.

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

Patents, Sparkle knows about the ' 109 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 '109 patent. Sparkle actively induces infringement of the asserted claims of the '109 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 ' 109 patent. 515.

Charts applying claims 1, 12, and 20 of the '109 patent to the Representative

Accused Products that include DDR3, GDDR3, and DDR2 memory controllers, including Sparkle's representative product, are attached as Exhibits 12A-C, respectively.

5. Foreign Counterparts of the Barth I Patents 516.

The following foreign counterpart patents or applications correspond to the '353,

'405, and '109 patents.

Jurisdiction PCT

Application No. PCT/US96/16835

Europe

EP 96936776.2

Publication No. WO 97114289

Patent No.

National Phase EP 0870241 B 1

130

Status National Phase

Italy

EP 96936776.2

EP 0870241 B1

Germany

EP 96936776.2

DE 69625082 T2 Issued

UK

EP 96936776.2

EP 0870241 B 1

Issued

France

EP 96936776.2

EP 0870241 B 1

Issued

Europe

EP 02012810.4

S. Korea

KR 98-702870

Japan

JP 5 16077/97

JP11513830

Abandoned

Germany

020 12810.4

DE 02012810 T1

Pending

Austria

AT 96-936776

AT 228675

Abandoned

Australia

AU 96-74612

AU 7461296

Abandoned

517.

EP 1244110 A2

Issued

Pending Abandoned

To the best of Rambus's knowledge, information, and belief, there are no other

foreign patents or applications pending, filed, abandoned, or rejected corresponding to the '353, '405, and/or '109 patents.

6. Licenses to the Barth I Patents 518.

The identities of all parties with a license to the Barth I patents, namely the '353,

'405, and '109 patents, are set forth in Confidential Exhibit 46. 519.

To the best of Rambus's knowledge, information, or belief, there are no other

licenses to the '353, '405, and/or '109 patents.

C. 520.

THE BARTH I1 PATENTS Four patents asserted in this investigation-the

'119 patent, the '952 patent, the

'953 patent, and the '050 patent-claim priority to U.S. Provisional Application No. 60/061,770, filed on October 10, 1997, and name Richard M. Barth, Frederick A. Ware, Donald C. Stark, Craig E. Harnpel, Paul G. Davis, Abhijit M. Abhyankar, James A. Gasbarro, and David Nguyen as inventors (hereinafter referred to as "the Barth I1 patents").

131

1. Non-Technical Description of the Barth I1 Patents 52 1.

The Barth I1 patents are generally directed to reading and writing data to memory

devices. The Barth I1 patents disclose, among other things, that in certain situations, a bubble, which constitutes time during which the bus is not being utilized, may appear on the bus. The Barth I1 patents teach that the time during which the bus is not being utilized can be reduced or eliminated if, when a memory controller sends a command to the memory device, the memory device presents it internally after a period of time. For example, the Barth I1 patents disclose that a memory controller may provide a write command to a memory device and the memory device may present that command internally after a period of time from receiving that command, resulting in improved scheduling. 2. U.S. Patent No. 7,287,119 a) Identification and Ownership of the ’119 Patent 522.

On October 23, 2007, the USPTO duly, properly, and legally issued U.S. Patent

No. 7,287,119, entitled “Integrated Circuit Memory Device With Delayed Write Command Processing” to Rambus as assignee of inventors Richard M. Barth, Frederick A. Ware, Donald C. Stark, Craig E. Hampel, Paul G. Davis, Abhijit M. Abhyankar, James A. Gasbarro, and David Nguyen. A certified copy of the ’119 patent is attached to this Complaint as Exhibit 13. 523.

The ,119 patent issued from U.S. Patent Application No. 11/681,384, filed March

2,2007, which is a continuation of (a)

Application No. 11/059,216, filed February 15, 2005, which issued as U.S. Patent No. 7,197,611, which is a continuation of

(b)

Application No. 10/128,167, filed April 22, 2002, which issued as U.S. Patent No. 6,868,474, which is a division of:

132

(c)

Application No. 09/169,206, filed October 9, 1998, which issued as U.S. Patent No. 6,401,167, which claims priority to:

(d)

U.S. Provisional Application No. 60/061,770, filed October 10, 1997.

A certified copy of the prosecution history of the '119 patent is included in Appendix C5. Copies of the technical references identified in the prosecution history of the '119 patent are included in Appendix D. 524.

A copy of the prosecution history for U.S. Provisional Application No.

60/061,770 is included in Appendix C1. In addition, copies of the prosecution histories for the related parent patents to the '119 patent, namely U.S. Patent Nos. 6,401,167; 6,868,474; and 7,197,611, are included in Appendices C2-C4, respectively. 525.

Richard M. Barth, Frederick A. Ware, Donald C. Stark, Craig E. Hampel, Paul G.

Davis, Abhijit M. Abhyankar, James A. Gasbarro, and David Nguyen, the inventors of the '119 patent, assigned all rights, title, and interest in the '1 19 patent to Rambus. A certified copy of the assignment for the ' 119 patent is attached as Exhibit 17.

b) Unfair Acts by the Proposed Respondents With Respect to the '119 Patent (1) NVIDIA 526.

Upon information and belief, at least the NVIDIA products that include a DDR2

or DDR3 memory controller directly or indirectly infringe at least the asserted claims 21 and 22 of the ' 119 patent.

527.

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 ' 119 patent.

133

528.

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 ’119 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 ’119 patent. NVIDIA has thereby contributed to and continues to contribute to the infringement of at least the asserted claims of the ’ 119 patent. 529.

Upon information and belief, NVIDIA knows about the ’119 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 ’119 patent. NVIDIA actively induces infringement of the asserted claims of the ’ 119 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 ’119 patent. 530.

Charts applying claim 21 of the ’119 patent to the Representative Accused

Products that include DDR3 and DDR2 memory controllers, including one of NVIDIA’s representative products, are attached as Exhibits 1SA-B, respectively.

(2) Asus 531.

Upon information and belief, at least the Asus products that include a DDR2 or

DDR3 memory controller directly or indirectly infringe at least the asserted claims 21 and 22 of the ’ 119 patent. 134

532.

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 ’ 119 patent. 533.

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

notice of Rambus’s infringement allegations with respect to the Asserted Patents. 534.

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 ’119 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 ’119 patent. Asus has thereby contributed to and continues to contribute to the infringement of at least the asserted claims of the ’ 119 patent. 535.

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

Patents, Asus knows about the ’119 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 ’ 119 patent. Asus actively induces infringement of the asserted claims of the ’ 119 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 ’ 119 patent.

135

536.

Charts applying claim 21 of the ’119 patent to the Representative Accused

Products that include DDR3 and DDR2 memory controllers are attached as Exhibits 18A-B, respectively.

(3) BFG 537.

Upon information and belief, at least the BFG products that include a DDR2 or

DDR3 memory controller directly or indirectly infringe at least the asserted claims 21 and 22 of the ’ 119 patent. 538.

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 ’ 119 patent. 539.

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

notice of Rambus’s infringement allegations with respect to the Asserted Patents. 540.

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 ’ 119 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 ’ 119 patent. BFG has thereby contributed to and continues to contribute to the infringement of at least the asserted claims of the ’119 patent.

136

541.

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

Patents, BFG knows about the ’119 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 ,119 patent. BFG actively induces infringement of the asserted claims of the ,119 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 ’119 patent. 542.

Charts applying claim 21 of the ,119 patent to the Representative Accused

Products that include DDR3 and DDR2 memory controllers are attached as Exhibits 18A-B, respectively. (4) Biostar

543.

Upon information and belief, at least the Biostar products that include a DDR2 or

DDR3 memory controller directly or indirectly infringe at least the asserted claims 21 and 22 of the ’ 119 patent. 544.

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 ’119 patent. 545.

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

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

546.

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 ’ 119 137

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 '119 patent. Biostar has thereby contributed to and continues to contribute to the infringement of at least the asserted claims of the ' 119 patent. 547.

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

Patents, Biostar knows about the '119 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 '119 patent. Biostar actively induces infringement of the asserted claims of the '119 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 '119 patent. 548.

Charts applying claim 21 of the '119 patent to the Representative Accused

Products that include DDR3 and DDR2 memory controllers are attached as Exhibits 18A-B, respectively.

(5)Diablotek 549.

Upon information and belief, at least the Diablotek products that include a DDR2

or DDR3 memory controller directly or indirectly infringe at least the asserted claims 21 and 22 of the ' 119 patent. 550.

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

sale and sells after importation, operates, andor tests Diablotek's Accused Products in the United States, thereby directly infringing at least the asserted claims of the ' 119 patent. 138

55 1.

Contemporaneous with the filing of this Complaint, Complainant put Diablotek

on notice of Rambus’s infringement allegations with respect to the Asserted Patents. 552.

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 ’119 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 ’ 119 patent. Diablotek has thereby contributed to and continues to contribute to the infringement of at least the asserted claims of the ’ 119 patent. 553.

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

Patents, Diablotek knows about the ’119 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 ’ 119 patent. Diablotek actively induces infringement of the asserted claims of the ’119 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 ’ 119 patent. 554.

Charts applying claim 21 of the ’119 patent to the Representative Accused

Products that include DDR3 and DDR2 memory controllers, including Diablotek’s representative product, are attached as Exhibits 18A-B, respectively.

139

(6)EVGA 555.

Upon information and belief, at least the EVGA products that include a DDR2 or

DDR3 memory controller directly or indirectly infringe at least the asserted claims 21 and 22 of the ’ 119 patent. 556.

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 ’ 119 patent. 557.

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

notice of Rambus’s infringement allegations with respect to the Asserted Patents. 558.

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 ’119 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 ’ 119 patent. EVGA has thereby contributed to and continues to contribute to the infringement of at least the asserted claims of the ’ 119 patent. 559.

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

Patents, EVGA knows about the ’119 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 ’119 patent. EVGA actively induces infringement of the asserted claims of the ’119 patent by designing its products to be capable of infringement and by promoting and 140

encouraging the use of its products in ways that infringe at least the asserted claims of the ’119 patent. 560.

Charts applying claim 21 of the ’119 patent to the Representative Accused

Products that include DDR3 and DDR2 memory controllers are attached as Exhibits lSA-B, respectively.

(7) Gigabyte 561.

Upon information and belief, at least the Gigabyte products that include a DDR2

or DDR3 memory controller directly or indirectly infringe at least the asserted claims 21 and 22 of the ’119 patent. 562.

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

sale and sells after importation, operates, and/or tests Gigabyte’s Accused Products in the United States, thereby directly infringing at least the asserted claims of the ’ 119 patent. 563.

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

notice of Rambus’s infringement allegations with respect to the Asserted Patents. 564.

Upon information and belief, the memory controllers in Gigabyte’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 Gigabyte’s Accused Products are known by Gigabyte to be especially made or especially adapted for use in an infringement of the ’119 patent, and are not a staple article or commodity of commerce suitable for substantial non-

infringing use. Upon information and belief, Gigabyte has sold or offered to sell Gigabyte’s Accused Products to others whose use of those Gigabyte Accused Products has constituted an act of direct infringement of at least the asserted claims of the ’119 patent. Gigabyte has thereby 141

contributed to and continues to contribute to the infringement of at least the asserted claims of the ’ 119 patent. 565.

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

Patents, Gigabyte knows about the ’ 119 patent and has induced and continues to induce acts that Gigabyte knows or should have known would induce actual infringement of at least the asserted claims of the ’119 patent. Gigabyte actively induces infringement of the asserted claims of the ’119 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 ,119 patent. 566.

Charts applying claim 21 of the ’119 patent to the Representative Accused

Products that include DDR3 and DDR2 memory controllers are attached as Exhibits 18A-B, respectively.

(8) HP 567.

Upon information and belief, at least the HP products that include a DDR2 or

DDR3 memory controller directly or indirectly infringe at least the asserted claims 21 and 22 of the ’ 119 patent. 568.

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 ’ 119 patent. 569.

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

notice of Rambus’s infringement allegations with respect to the Asserted Patents. 570.

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 142

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 ’ 119 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 ’ 1 19 patent. HP has thereby contributed to and continues to contribute to the infringement of at least the asserted claims of the ’ 119 patent. 571.

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

Patents, HP knows about the ’ 119 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 ’119 patent. HP actively induces infringement of the asserted claims of the ’ 119 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 ’ 119 patent. 572.

Charts applying claim 21 of the ’119 patent to the Representative Accused

Products that include DDR3 and DDR2 memory controllers are attached as Exhibits 18A-B, respectively.

(9) MSI 573.

Upon information and belief, at least the MSI products that include a DDR2 or

DDR3 memory controller directly or indirectly infringe at least the asserted claims 21 and 22 of the ’ 119 patent.

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574.

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 ’ 119 patent. 575.

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

notice of Rambus’s infringement allegations with respect to the Asserted Patents. 576.

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 ’ 119 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 ’119 patent. MSI has thereby contributed to and continues to contribute to the infringement of at least the asserted claims of the ’ 119 patent. 577.

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

Patents, MSI knows about the ’ 119 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 ’119 patent. MSI actively induces infringement of the asserted claims of the ’119 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 ’ 119 patent.

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578.

Charts applying claim 21 of the ’119 patent to the Representative Accused

Products that include DDR3 and DDR2 memory controllers are attached as Exhibits 18A-B, respectively.

(10) 579.

Palit

Upon information and belief, at least the Palit products that include a DDR2 or

DDR3 memory controller directly or indirectly infringe at least the asserted claims 21 and 22 of the ’119 patent. 580.

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 ’ 119 patent. 581.

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

notice of Rambus’s infringement allegations with respect to the Asserted Patents. 582.

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 ’119 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 ’ 119 patent. Palit has thereby contributed to and continues to contribute to the infringement of at least the asserted claims of the ’ 119 patent.

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583.

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

Patents, Palit knows about the ’119 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 ’119 patent. Palit actively induces infringement of the asserted claims of the ’119 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 ’119 patent. 584.

Charts applying claim 21 of the ’119 patent to the Representative Accused

Products that include DDR3 and DDR2 memory controllers are attached as Exhibits 18A-B, respectively.

(11) 585.

Pine

Upon information and belief, at least the Pine products that include a DDR2 or

DDR3 memory controller directly or indirectly infringe at least the asserted claims 21 and 22 of the ’ 119 patent. 586.

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 ’ 119 patent. 587.

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

notice of Rambus’s infringement allegations with respect to the Asserted Patents. 588.

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 ’119 patent, and are 146

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 ’ 119 patent. Pine has thereby contributed to and continues to contribute to the infringement of at least the asserted claims of the ’119 patent. 589.

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

Patents, Pine knows about the ’119 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 ’ 119 patent. Pine actively induces infringement of the asserted claims of the ’ 119 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 ’ 119 patent. 590.

Charts applying claim 21 of the ’119 patent to the Representative Accused

Products that include DDR3 and DDR2 memory controllers, including Pine’s representative products, are attached as Exhibits 18A-B, respectively.

(12) 591.

Sparkle

Upon information and belief, at least the Sparkle products that include a DDR2 or

DDR3 memory controller directly or indirectly infringe at least the asserted claims 21 and 22 of the ’119 patent. 592.

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 ’ 119 patent. 593.

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

notice of Rambus’s infringement allegations with respect to the Asserted Patents. 147

594.

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 ’ 119 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 ’119 patent. Sparkle has thereby contributed to and continues to contribute to the infringement of at least the asserted claims of the ’119 patent. 595.

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

Patents, Sparkle knows about the ’ 119 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 ’119 patent. Sparkle actively induces infringement of the asserted claims of the ’119 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 ’119 patent. 596.

Charts applying claim 21 of the ’119 patent to the Representative Accused

Products that include DDR3 and DDR2 memory controllers are attached as Exhibits 18A-B, respectively.

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3. U.S. PATENT NO. 7,330,952 a) Identification and Ownership of the ’952 Patent 597.

On February 12, 2008, the USPTO duly, properly, and legally issued U.S. Patent

No. 7,330,952, entitled “Integrated Circuit Memory Device Having Delayed Write Timing Based On Read Response Time” to Rambus as assignee of inventors Richard M. Barth, Frederick A. Ware, Donald C. Stark, Craig E. Hampel, Paul G. Davis, Abhijit M. Abhyankar, James A. Gasbarro, and David Nguyen. A certified copy of the ’952 patent is attached to this Complaint as Exhibit 14. 598.

The ’952 patent issued from U.S. Patent Application No. 11/692,159 filed March

27,2007, which is a continuation of (a)

Application No. 11/059,216, filed February 15, 2005, which issued as U.S. Patent No. 7,197,611, which is a continuation of

(b)

Application No. 10/128,167, filed April 22, 2002, which issued as U.S. Patent No. 6,868,474, which is a division of

(c)

Application No. 09/169,206, filed October 9, 1998, which issued as U.S. Patent No. 6,401,167, which claims priority to:

(d)

U.S. Provisional Application No. 60/061,770, filed October 10, 1997.

A certified copy of the prosecution history of the ’952 patent is included in Appendix C6. Copies of the technical references identified in the prosecution history of the ’952 patent are included in Appendix D. 599.

Copies of the prosecution histories of U.S. Provisional Application No.

60/061,770 and the related parent patents of the ’952 patent, namely U.S. Patent Nos. 6,401,167; 6,868,474, and 7,197,611, were previously identified and are included as part of the materials supporting the ’ 119 patent. (See Appendix C1-C4, respectively.) 149

600.

Richard M. Barth, Frederick A. Ware, Donald C. Stark, Craig E. Hampel, Paul G.

Davis, Abhijit M. Abhyankar, James A. Gasbarro, and David Nguyen, the inventors of the '952 patent, assigned all rights, title, and interest in the '952 patent to Rambus. A certified copy of the assignment for the '952 patent is attached as Exhibit 17.

b) Unfair Acts by the Proposed Respondents With Respect to the '952 Patent (1) NVIDIA 601.

Upon information and belief, at least the NVIDIA products that include a DDR2

or DDR3 memory controller directly or indirectly infringe at least the asserted claims 21,22, and 24 of the '952 patent. 602.

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 '952 patent. 603.

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 '952 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 '952 patent. NVIDIA has thereby contributed to and continues to contribute to the infringement of at least the asserted claims of the '952 patent.

150

604.

Upon information and belief, NVIDIA knows about the '952 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 '952 patent. NVIDIA actively induces infringement of the asserted claims of the '952 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 '952 patent. 605.

Charts applying claim 21 of the '952 patent to the Representative Accused

Products that include DDR3 and DDR2 memory controllers, including one of NVIDIA's representative products, are attached as Exhibits 19A-B, respectively. (2) Asus 606.

Upon information and belief, at least the Asus products that include a DDR2 or

DDR3 memory controller directly or indirectly infringe at least the asserted claims 21, 22, and 24 of the '952 patent. 607.

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 '952 patent. 608.

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

notice of Rambus's infringement allegations with respect to the Asserted Patents. 609.

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 '952 patent, and are 151

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 '952 patent. Asus has thereby contributed to and continues to contribute to the infringement of at least the asserted claims of the '952 patent. 610.

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

Patents, Asus knows about the '952 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 '952 patent. Asus actively induces infringement of the asserted claims of the '952 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 '952 patent. 611.

Charts applying claim 21 of the '952 patent to the Representative Accused

Products that include DDR3 and DDR2 memory controllers are attached as Exhibits 19A-B, respectively.

(3) BFG 612.

Upon information and belief, at least the BFG products that include a DDR2 or

DDR3 memory controller directly or indirectly infringe at least the asserted claims 21, 22, and 24 of the '952 patent. 613.

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 '952 patent. 614.

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

notice of Rambus's infringement allegations with respect to the Asserted Patents. 152

615.

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 '952 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 '952 patent. BFG has thereby contributed to and continues to contribute to the infringement of at least the asserted claims of the '952 patent. 616.

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

Patents, BFG knows about the '952 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 '952 patent. BFG actively induces infringement of the asserted claims of the '952 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 '952 patent. 617.

Charts applying claim 21 of the '952 patent to the Representative Accused

Products that include DDR3 and DDR2 memory controllers are attached as Exhibits 19A-B, respectively. (4) Biostar

618.

Upon information and belief, at least the Biostar products that include a DDR2 or

DDR3 memory controller directly or indirectly infringe at least the asserted claims 21, 22, and 24 of the '952 patent. 153

619.

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 '952 patent, 620.

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

notice of Rambus's infringement allegations with respect to the Asserted Patents. 621.

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 '952 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 '952 patent. Biostar has thereby contributed to and continues to contribute to the infringement of at least the asserted claims of the '952 patent. 622.

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

Patents, Biostar knows about the '952 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 '952 patent. Biostar actively induces infringement of the asserted claims of the '952 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 '952 patent.

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623.

Charts applying claim 21 of the '952 patent to the Representative Accused

Products that include DDR3 and DDR2 memory controllers are attached as Exhibits 19A-B, respectively. (5) Diablotek

624.

Upon information and belief, at least the Diablotek products that include a DDR2

or DDR3 memory controller directly or indirectly infringe at least the asserted claims 21, 22, and 24 of the '952 patent. 625.

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 '952 patent. 626.

Contemporaneous with the filing of this Complaint, Complainant put Diablotek

on notice of Rambus's infringement allegations with respect to the Asserted Patents. 627.

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 '952 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 '952 patent. Diablotek has thereby contributed to and continues to contribute to the infringement of at least the asserted claims of the '952 patent. 155

628.

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

Patents, Diablotek knows about the '952 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 '952 patent. Diablotek actively induces infringement of the asserted claims of the '952 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 '952 patent. 629.

Charts applying claim 21 of the '952 patent to the Representative Accused

Products that include DDR3 and DDR2 memory controllers, including Diablotek' s representative product, are attached as Exhibits 19A-B, respectively.

(6) EVGA 630.

Upon information and belief, at least the EVGA products that include a DDR2 or

DDR3 memory controller directly or indirectly infringe at least the asserted claims 21, 22, and 24 of the '952 patent. 631.

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 '952 patent. 632.

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

notice of Rambus's infringement allegations with respect to the Asserted Patents. 633.

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 156

by EVGA to be especially made or especially adapted for use in an infringement of the '952 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 '952 patent. EVGA has thereby contributed to and continues to contribute to the infringement of at least the asserted claims of the '952 patent. 634.

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

Patents, EVGA knows about the '952 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 '952 patent. EVGA actively induces infringement of the asserted claims of the '952 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 '952 patent. 635.

Charts applying claim 21 of the '952 patent to the Representative Accused

Products that include DDR3 and DDR2 memory controllers are attached as Exhibits 19A-B, respectively.

(7)Gigabyte 636.

Upon information and belief, at least the Gigabyte products that include a DDR2

or DDR3 memory controller directly or indirectly infringe at least the asserted claims 21'22, and 24 of the '952 patent. 637.

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

sale and sells after importation, operates, and/or tests Gigabyte's Accused Products in the United States, thereby directly infringing at least the asserted claims of the '952 patent. 157

638.

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

notice of Rambus's infringement allegations with respect to the Asserted Patents. 639.

Upon information and belief, the memory controllers in Gigabyte'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 Gigabyte's Accused Products are known by Gigabyte to be especially made or especially adapted for use in an infringement of the '952 patent, and are not a staple article or commodity of commerce suitable for substantial noninfringing use. Upon information and belief, Gigabyte has sold or offered to sell Gigabyte's Accused Products to others whose use of those Gigabyte Accused Products has constituted an act of direct infringement of at least the asserted claims of the '952 patent. Gigabyte has thereby contributed to and continues to contribute to the infringement of at least the asserted claims of the '952 patent. 640.

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

Patents, Gigabyte knows about the '952 patent and has induced and continues to induce acts that Gigabyte knows or should have known would induce actual infringement of at least the asserted claims of the '952 patent. Gigabyte actively induces infringement of the asserted claims of the '952 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 '952 patent. 641.

Charts applying claim 21 of the '952 patent to the Representative Accused

Products that include DDR3 and DDR2 memory controllers are attached as Exhibits 19A-B, respectively.

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(8) I-IP 642.

Upon information and belief, at least the HP products that include a DDR2 or

DDR3 memory controller directly or indirectly infringe at least the asserted claims 21, 22, and 24 of the ’952 patent. 643.

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 ’952 patent. 644.

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

notice of Rambus’s infringement allegations with respect to the Asserted Patents. 645.

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 ’952 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 ’952 patent. HP has thereby contributed to and continues to contribute to the infringement of at least the asserted claims of the ’952 patent. 646.

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

Patents, HP knows about the ’952 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 ’952 patent. HP actively induces infringement of the asserted claims of the ’952 patent by

159

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 ’952 patent. 647.

Charts applying claim 21 of the ’952 patent to the Representative Accused

Products that include DDR3 and DDR2 memory controllers are attached as Exhibits 19A-B, respectively. (9) MSI

648.

Upon information and belief, at least the MSI products that include a DDR2 or

DDR3 memory controller directly or indirectly infringe at least the asserted claims 21, 22, and 24 of the ’952 patent. 649.

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 ’952 patent. 650.

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

notice of Rambus’s infringement allegations with respect to the Asserted Patents. 651.

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 ’952 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

160

asserted claims of the '952 patent. MSI has thereby contributed to and continues to contribute to the infringement of at least the asserted claims of the '952 patent. 652.

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

Patents, MSI knows about the '952 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 '952 patent. MSI actively induces infringement of the asserted claims of the '952 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 '952 patent. 653.

Charts applying claim 21 of the '952 patent to the Representative Accused

Products that include DDR3 and DDR2 memory controllers are attached as Exhibits 19A-B, respectively. (10)

654.

Palit

Upon information and belief, at least the Palit products that include a DDR2 or

DDR3 memory controller directly or indirectly infringe at least the asserted claims 21, 22, and 24 of the '952 patent. 655.

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 '952 patent. 656.

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

notice of Rambus's infringement allegations with respect to the Asserted Patents. 657.

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 161

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 '952 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 '952 patent. Palit has thereby contributed to and continues to contribute to the infringement of at least the asserted claims of the '952 patent. 658.

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

Patents, Palit knows about the '952 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 '952 patent. Palit actively induces infringement of the asserted claims of the '952 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 '952 patent. 659.

Charts applying claim 21 of the '952 patent to the Representative Accused

Products that include DDR3 and DDR2 memory controllers are attached as Exhibits 19A-B, respectively. (11) 660.

Pine

Upon information and belief, at least the Pine products that include a DDR2 or

DDR3 memory controller directly or indirectly infringe at least the asserted claims 21, 22, and 24 of the '952 patent. 661.

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 '952 patent. 162

662.

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

notice of Rambus's infringement allegations with respect to the Asserted Patents. 663.

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 '952 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 '952 patent. Pine has thereby contributed to and continues to contribute to the infringement of at least the asserted claims of the '952 patent. 664.

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

Patents, Pine knows about the '952 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 '952 patent. Pine actively induces infringement of the asserted claims of the '952 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 '952 patent. 665.

Charts applying claim 21 of the '952 patent to the Representative Accused

Products that include DDR3 and DDR2 memory controllers, including Pine's representative products, are attached as Exhibits 19A-B, respectively.

163

(12) 666.

Sparkle

Upon information and belief, at least the Sparkle products that include a DDR2 or

DDR3 memory controller directly or indirectly infringe at least the asserted claims 21, 22, and 24 of the ’952 patent.

667.

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 ’952 patent.

668.

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

notice of Rambus’s infringement allegations with respect to the Asserted Patents. 669.

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 ’952 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 ’952 patent. Sparkle has thereby contributed to and continues to contribute to the infringement of at least the asserted claims of the ’952 patent.

670.

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

Patents, Sparkle knows about the ’952 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 ’952 patent. Sparkle actively induces infringement of the asserted claims of the 164

’952 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 ’952 patent. 671.

Charts applying claim 21 of the ’952 patent to the Representative Accused

Products that include DDR3 and DDR2 memory controllers are attached as Exhibits 19A-€3, respectively.

4. U.S. PATENT NO. 7,330,953 a) Identification and Ownership of the ’953 Patent 672.

On February 12, 2008, the USPTO duly, properly, and legally issued U.S. Patent

No. 7,330,953, entitled “Memory System Having Delayed Write Timing” to Rambus as assignee of inventors Richard M. Barth, Frederick A. Ware, Donald C. Stark, Craig E. Hampel, Paul G. Davis, Abhijit M. Abhyankar, James A. Gasbarro, and David Nguyen. A certified copy of the ’953 patent is attached to this Complaint as Exhibit 15. 673.

The ’953 patent issued from U.S. Patent Application No. 11/692,162 filed March

27, 2007, which is a continuation of (a)

Application No. 1~059,216,filed February 15, 2005, which issued as U.S. Patent No. 7,197,611, which is a continuation of

(b)

Application No. 10/128,167, filed April 22, 2002, which issued as U.S. Patent No. 6,868,474, which is a division of

(c)

Application No. 09/169,206, filed October 9, 1998, which issued as U.S. Patent No. 6,401,167, which claims priority to:

(d)

U.S. Provisional Application No. 60/061,770, filed October 10, 1997.

165

A certified copy of the prosecution history of the '953 patent is included in Appendix C7. Copies of the technical references identified in the prosecution history of the '953 patent are included in Appendix D. 674.

Copies of the prosecution histories for U.S. Provisional Application No.

60/061,770 and the related parent patents of the '953 patent, namely U.S. Patent Nos. 6,401,167, 6,868,474, and 7,197,611, were previously identified and are included as part of the materials supporting the ' 119 patent. (See Appendices Cl-C4, respectively.) 675.

Richard M. Barth, Frederick A. Ware, Donald C. Stark, Craig E. Hampel, Paul G.

Davis, Abhijit M. Abhyankar, James A. Gasbarro, and David Nguyen, the inventors of the '953 patent, assigned all rights, title, and interest in the '953 patent to Rambus. A certified copy of the assignment for the '953 patent is attached as Exhibit 17.

b) Unfair Acts by the Proposed Respondents With Respect to the '953 Patent (1) NVIDIA 676.

Upon information and belief, at least the NVIDIA products that include a DDR2

or DDR3 memory controller directly or indirectly infringe at least the asserted claim 25 of the '953 patent. 677.

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 '953 patent. 678.

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 166

the '953 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 '953 patent. NVIDIA has thereby contributed to and continues to contribute to the infringement of at least the asserted claims of the '953 patent. 679.

Upon infomation and belief, NVIDIA knows about the '953 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 ,953 patent. NVIDIA actively induces infringement of the asserted claims of the '953 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 '953 patent. 680.

Charts applying claim 25 of the '953 patent to the Representative Accused

Products that include DDR3 and DDR2 memory controllers, including one of NVIDIA's representative products, are attached as Exhibits 20A-B, respectively.

(2) Asus 681.

Upon information and belief, at least the Asus products that include a DDR2 or

DDR3 memory controller directly or indirectly infringe at least the asserted claim 25 of the '953 patent. 682.

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 '953 patent.

167

683.

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

notice of Rambus's infringement allegations with respect to the Asserted Patents. 684.

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 '953 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 '953 patent. Asus has thereby contributed to and continues to contribute to the infringement of at least the asserted claims of the '953 patent.

685.

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

Patents, Asus knows about the '953 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 '953 patent. Asus actively induces infringement of the asserted claims of the '953 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 cIaims of the '953 patent. 686.

Charts applying claim 25 of the '953 patent to the Representative Accused

Products that include DDR3 and DDR2 memory controllers are attached as Exhibits 20A-B, respectively.

168

(3) BFG 687.

Upon information and belief, at least the BFG products that include a DDR2 or

DDR3 memory controller directly or indirectly infringe at least the asserted claim 25 of the '953 patent. 688.

Upon infomation 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 '953 patent. 689.

Contemporaneous with the filing of this Complaint, complainant put BFG on

notice of Rambus's infringement allegations with respect to the Asserted Patents, 690.

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 '953 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 '953 patent. BFG has thereby contributed to and continues to contribute to the infringement of at least the asserted claims of the '953 patent. 691.

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

Patents, BFG knows about the '953 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 '953 patent. BFG actively induces infringement of the asserted claims of the '953

169

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 '953 patent. 692.

Charts applying claim 25 of the '953 patent to the Representative Accused

Products that include DDR3 and DDR2 memory controllers are attached as Exhibits 20A-B, respectively. (4) Biostar

693.

Upon information and belief, at least the Biostar products that include a DDR2 or

DDR3 memory controller directly or indirectly infringe at least the asserted claim 25 of the '953 patent. 694.

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 '953 patent. 695.

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

notice of Rambus's infringement allegations with respect to the Asserted Patents. 696.

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 '953 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 '953 patent. Biostar has thereby 170

contributed to and continues to contribute to the infringement of at least the asserted claims of the '953 patent. 697.

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

Patents, Biostar knows about the '953 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 '953 patent. Biostar actively induces infringement of the asserted claims of the '953 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 '953 patent. 698.

Charts applying claim 25 of the '953 patent to the Representative Accused

Products that include DDR3 and DDR2 memory controllers are attached as Exhibits 20A-B, respectively. ( 5 ) Diablotek

699.

Upon information and belief, at least the Diablotek products that include a DDR2

or DDR3 memory controller directly or indirectly infringe at least the asserted claim 25 of the '953 patent. 700.

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 '953 patent. 701.

Contemporaneous with the filing of this Complaint, Complainant put Diablotek

on notice of Rambus's infringement allegations with respect to the Asserted Patents. 702.

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 171

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 '953 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 '953 patent. Diablotek has thereby contributed to and continues to contribute to the infringement of at least the asserted claims of the '953 patent. 703.

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

Patents, Diablotek knows about the '953 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 '953 patent. Diablotek actively induces infringement of the asserted claims of the '953 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 '953 patent. 704.

Charts applying claim 25 of the '953 patent to the Representative Accused

Products that include DDR3 and DDR2 memory controllers, including Diablotek's representative product, are attached as Exhibits 20A-B, respectively.

(6)EVGA 705.

Upon information and belief, at least the EVGA products that include a DDR2 or

DDR3 memory controller directly or indirectly infringe at least the asserted claim 25 of the '953 patent. 172

706.

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 '953 patent. 707.

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

notice of Rambus's infringement allegations with respect to the Asserted Patents. 708.

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 '953 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 '953 patent. EVGA has thereby contributed to and continues to contribute to the infringement of at least the asserted claims of the '953 patent. 709.

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

Patents, EVGA knows about the '953 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 '953 patent. EVGA actively induces infringement of the asserted claims of the '953 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 '953 patent.

173

710.

Charts applying claim 25 of the '953 patent to the Representative Accused

Products that include DDR3 and DDR2 memory controllers are attached as Exhibits 20A-B, respectively.

(7)Gigabyte 7 11.

Upon information and belief, at least the Gigabyte products that include a DDR2

or DDR3 memory controller directly or indirectly infringe at least the asserted claim 25 of the '953 patent. 712.

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

sale and sells after importation, operates, and/or tests Gigabyte's Accused Products in the United States, thereby directly infringing at least the asserted claims of the '953 patent. 713.

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

notice of Rambus's infringement allegations with respect to the Asserted Patents. 714.

Upon information and belief, the memory controllers in Gigabyte'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 Gigabyte's Accused Products are known by Gigabyte to be especially made or especially adapted for use in an infringement of the '953 patent, and are not a staple article or commodity of commerce suitable for substantial noninfringing use. Upon information and belief, Gigabyte has sold or offered to sell Gigabyte's Accused Products to others whose use of those Gigabyte Accused Products has constituted an act of direct infringement of at least the asserted claims of the '953 patent. Gigabyte has thereby contributed to and continues to contribute to the infringement of at least the asserted claims of the '953 patent. 174

715.

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

Patents, Gigabyte knows about the ’953 patent and has induced and continues to induce acts that Gigabyte knows or should have known would induce actual infringement of at least the asserted claims of the ’953 patent. Gigabyte actively induces infringement of the asserted claims of the ’953 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 ’953 patent. 716.

Charts applying claim 25 of the ’953 patent to the Representative Accused

Products that include DDR3 and DDR2 memory controllers are attached as Exhibits 20A-B, respectively.

(8) HJ? 717.

Upon information and belief, at least the HP products that include a DDR2 or

DDR3 memory controller directly or indirectly infringe at Ieast the asserted claim 25 of the ’953 patent. 718.

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 ’953 patent. 719.

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

notice of Rambus’s infringement allegations with respect to the Asserted Patents. 720.

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 175

be especially made or especially adapted for use in an infringement of the '953 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 '953 patent. HP has thereby contributed to and continues to contribute to the infringement of at least the asserted claims of the '953 patent. 721.

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

Patents, HP knows about the '953 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 '953 patent. HP actively induces infringement of the asserted claims of the '953 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 '953 patent. 722.

Charts applying claim 25 of the '953 patent to the Representative Accused

Products that include DDR3 and DDR2 memory controllers are attached as Exhibits 20A-B, respectively.

(9) MSI 723.

Upon information and belief, at least the MSI products that include a DDR2 or

DDR3 memory controller directly or indirectly infringe at least the asserted claim 25 of the '953 patent. 724.

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 '953 patent.

176

725.

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

notice of Rambus's infringement allegations with respect to the Asserted Patents. 726.

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 '953 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 '953 patent. MSI has thereby contributed to and continues to contribute to the infringement of at least the asserted claims of the '953 patent. 727.

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

Patents, MSI knows about the '953 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 '953 patent. MSI actively induces infringement of the asserted claims of the '953 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 '953 patent. 728.

Charts applying claim 25 of the '953 patent to the Representative Accused

Products that include DDR3 and DDR2 memory controllers are attached as Exhibits 20A-B, respectively.

177

(10) 729.

Palit

Upon information and belief, at least the Palit products that include a DDR2 or

DDR3 memory controller directly or indirectly infringe at least the asserted claim 25 of the '953 patent. 730.

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 '953 patent. 731.

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

notice of Rambus's infringement allegations with respect to the Asserted Patents. 732.

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 '953 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 '953 patent. Palit has thereby contributed to and continues to contribute to the infringement of at least the asserted claims of the '953 patent. 733.

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

Patents, Palit knows about the '953 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 '953 patent. Palit actively induces infringement of the asserted claims of the '953 patent by

178

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 ’953 patent. 734.

Charts applying claim 25 of the ’953 patent to the Representative Accused

Products that include DDR3 and DDR2 memory controllers are attached as Exhibits 20A-B, respectively.

(11) 735.

Pine

Upon information and belief, at least the Pine products that include a DDR2 or

DDR3 memory controller directly or indirectly infringe at least the asserted claim 25 of the ’953 patent. 736.

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 ’953 patent. 737.

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

notice of Rambus’s infringement allegations with respect to the Asserted Patents. 738.

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 ’953 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

179

asserted claims of the '953 patent. Pine has thereby contributed to and continues to contribute to the infringement of at least the asserted claims of the '953 patent. 739.

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

Patents, Pine knows about the '953 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 '953 patent. Pine actively induces infringement of the asserted claims of the '953 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 '953 patent. 740.

Charts applying claim 25 of the '953 patent to the Representative Accused

Products that include DDR3 and DDR2 memory controllers, including Pine's representative products, are attached as Exhibits 20A-B, respectively.

(12) 741.

Sparkle

Upon information and belief, at least the Sparkle products that include a DDR2 or

DDR3 memory controller directly or indirectly infringe at least the asserted claim 25 of the '953 patent. 742.

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 '953 patent. 743.

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

notice of Rambus's infringement allegations with respect to the Asserted Patents. 744.

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 180

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 ’953 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 ’953 patent. Sparkle has thereby contributed to and continues to contribute to the infringement of at least the asserted claims of the ’953 patent. 745.

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

Patents, Sparkle knows about the ’953 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 ’953 patent. Sparkle actively induces infringement of the asserted claims of the ’953 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 ’953 patent. 746.

Charts applying claim 25 of the ’953 patent to the Representative Accused

Products that include DDR3 and DDR2 memory controllers are attached as Exhibits 20A-B, respectively. 5. U.S. PATENT NO. 7,360,050

a) Identification and Ownership of the ’050 Patent 747.

On April 15, 2008, the USPTO duly, properly, and legally issued U.S. Patent No.

7,360,050, entitled “Integrated Circuit Memory Device Having Delayed Write Capability” to Rambus as assignee of inventors Richard M. Barth, Frederick A. Ware, Donald C. Stark, Craig

181

E. Hampel, Paul G. Davis, Abhijit M. Abhyankar, James A. Gasbarro, and David Nguyen. A certified copy of the '050 patent is attached to this Complaint as Exhibit 16. 748.

The ,050 patent issued from U.S. Patent Application No. 11/681,375 filed March

2,2007, which is a continuation of (a)

Application No. 11/059,216, filed February 15, 2005, which issued as U.S. Patent No. 7,197,611, which is a continuation of

(b)

Application No. 10/128,167, filed April 22, 2002, which issued as U.S. Patent No. 6,868,474, which is a division of

(c)

Application No. 09/169,206, filed October 9, 1998, which issued as U.S. Patent No. 6,401,167, which claims priority to:

(d)

U S . Provisional Application No. 60/061,770, filed October 10, 1997.

A certified copy of the prosecution history of the '050 patent is included in Appendix C8. Copies of the technical references identified in the prosecution history of the '050 patent are included in Appendix D. 749.

Copies of the prosecution histories for U.S. Provisional Application No.

60/061,770 and the related parent patents of the '050 patent, namely U.S. Patent Nos. 6,401,167, 6,868,474, and 7,197,611, were previously identified and are included as part of the materials supporting the ' 119 patent. (See Appendix Cl-C4, respectively.)

750.

Richard M. Barth, Frederick A. Ware, Donald C. Stark, Craig E. Hampel, Paul G.

Davis, Abhijit M. Abhyankar, James A. Gasbarro, and David Nguyen, the inventors of the '050 patent, assigned all rights, title, and interest in the ,050 patent to Rambus. A certified copy of the assignment for the '050 patent is attached as Exhibit 17.

182

b) Unfair Acts by the Proposed Respondents With Respect to the '050 Patent (1) NVIDIA 751.

Upon information and belief, at least the NVIDIA products that include a DDR2

or DDR3 memory controller directly or indirectly infringe at least the asserted claims 29 and 31 of the '050 patent. 752.

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 '050 patent. 753.

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 '050 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 '050 patent. NVIDIA has thereby contributed to and continues to contribute to the infringement of at least the asserted claims of the '050 patent. 754.

Upon information and belief, NVIDIA knows about the '050 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 '050 patent. NVIDIA actively induces infringement of the asserted claims of the '050 patent by designing its products to be capable of

183

infringement and by promoting and encouraging the use of its products in ways that infringe at least the asserted claims of the ’050 patent. 755.

Charts applying claim 29 of the ’050 patent to the Representative Accused

Products that include DDR3 and DDR2 memory controllers, including one of NVIDIA’s representative products, are attached as Exhibits 2 1A-B, respectively.

(2) Asus 756.

Upon information and belief, at least the Asus products that include a DDR2 or

DDR3 memory controller directly or indirectly infringe at least the asserted claims 29 and 31 of the ’050 patent. 757.

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 ’050 patent. 758.

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

notice of Rambus’s infringement allegations with respect to the Asserted Patents. 759.

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 ’050 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

184

asserted claims of the '050 patent. Asus has thereby contributed to and continues to contribute to the infringement of at least the asserted claims of the '050 patent. 760.

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

Patents, Asus knows about the '050 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 '050 patent. Asus actively induces infringement of the asserted claims of the '050 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 '050 patent. 761.

Charts applying claim 29 of the '050 patent to the Representative Accused

Products that include DDR3 and DDR2 memory controllers are attached as Exhibits 21A-B, respectively. (3) BFG

762.

Upon information and belief, at least the BFG products that include a DDR2 or

DDR3 memory controller directly or indirectly infringe at least the asserted claims 29 and 31 of the '050 patent. 763.

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 '050 patent. 764.

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

notice of Rambus's infringement allegations with respect to the Asserted Patents. 765.

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 185

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 '050 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 '050 patent. BFG has thereby contributed to and continues to contribute to the infringement of at least the asserted claims of the '050 patent. 766.

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

Patents, BFG knows about the '050 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 '050 patent. BFG actively induces infringement of the asserted claims of the '050 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 '050 patent. 767.

Charts applying claim 29 of the '050 patent to the Representative Accused

Products that include DDR3 and DDR2 memory controllers are attached as Exhibits 21A-B, respectively. (4) Biostar

768.

Upon information and belief, at least the Biostar products that include a DDR2 or

DDR3 memory controller directly or indirectly infringe at least the asserted claims 29 and 31 of the '050 patent. 769.

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 '050 patent.

186

770.

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

notice of Rambus's infringement allegations with respect to the Asserted Patents. 771.

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 '050 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 '050 patent. Biostar has thereby contributed to and continues to contribute to the infringement of at least the asserted claims of the '050 patent. 772.

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

Patents, Biostar knows about the '050 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 '050 patent. Biostar actively induces infringement of the asserted claims of the '050 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 '050 patent. 773.

Charts applying claim 29 of the '050 patent to the Representative Accused

Products that include DDR3 and DDR2 memory controllers are attached as Exhibits 21A-B, respectively.

187

(5) Diablotek

774.

Upon information and belief, at least the Diablotek products that include a DDR2

or DDR3 memory controller directly or indirectly infringe at least the asserted claims 29 and 31 of the '050 patent. 775.

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 '050 patent. 776.

Contemporaneous with the filing of this Complaint, Complainant put Diablotek

on notice of Rambus's infringement allegations with respect to the Asserted Patents. 777.

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 '050 patent, and are not a staple article or commodity of commerce suitable for substantial non-

infringing 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 '050 patent. Diablotek has thereby contributed to and continues to contribute to the infringement of at least the asserted claims of the '050 patent. 778.

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

Patents, Diablotek knows about the '050 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 '050 patent. Diablotek actively induces infringement of the asserted claims of the 188

’050 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 ’050 patent. 779.

Charts applying claim 29 of the ’050 patent to the Representative Accused

Products that include DDR3 and DDR2 memory controllers, including Diablotek’s representative product, are attached as Exhibits 2 1A-B, respectively.

(6)EVGA 780.

Upon information and belief, at least the EVGA products that include a DDR2 or

DDR3 memory controller directly or indirectly infringe at least the asserted claims 29 and 31 of the ’050 patent. 78 1.

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 ’050 patent. 782.

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

notice of Rambus’s infringement allegations with respect to the Asserted Patents. 783.

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 ’050 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 189

infringement of at least the asserted claims of the '050 patent. EVGA has thereby contributed to and continues to contribute to the infringement of at least the asserted claims of the '050 patent. 784.

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

Patents, EVGA knows about the '050 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 '050 patent. EVGA actively induces infringement of the asserted claims of the '050 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 '050 patent. 785.

Charts applying claim 29 of the '050 patent to the Representative Accused

Products that include DDR3 and DDR2 memory controllers are attached as Exhibits 21A-B, respectively.

(7)Gigabyte 786.

Upon information and belief, at least the Gigabyte products that include a DDR2

or DDR3 memory controller directly or indirectly infringe at least the asserted claims 29 and 31 of the '050 patent. 787.

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

sale and sells after importation, operates, and/or tests Gigabyte's Accused Products in the United States, thereby directly infringing at least the asserted claims of the '050 patent. 788.

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

notice of Rambus's infringement allegations with respect to the Asserted Patents. 789.

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

Products are especially designed for use with a particular type of memory and are configured to 190

comply with a corresponding standard. Upon notice of Rambus's infringement allegations with respect to the Asserted Patents, the memory controllers in Gigabyte's Accused Products are known by Gigabyte to be especially made or especially adapted for use in an infringement of the

'050 patent, and are not a staple article or commodity of commerce suitable for substantial noninfringing use. Upon information and belief, Gigabyte has sold or offered to sell Gigabyte's Accused Products to others whose use of those Gigabyte Accused Products has constituted an act of direct infringement of at least the asserted claims of the '050 patent. Gigabyte has thereby contributed to and continues to contribute to the infringement of at least the asserted claims of the ,050 patent. 790.

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

Patents, Gigabyte knows about the '050 patent and has induced and continues to induce acts that Gigabyte knows or should have known would induce actual infringement of at least the asserted claims of the '050 patent. Gigabyte actively induces infringement of the asserted claims of the '050 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 '050 patent. 791.

Charts applying claim 29 of the '050 patent to the Representative Accused

Products that include DDR3 and DDR2 memory controllers are attached as Exhibits 21A-B, respectively.

(8) H p 792.

Upon information and belief, at least the HF' products that include a DDR2 or

DDR3 memory controller directly or indirectly infringe at least the asserted claims 29 and 31 of the '050 patent. 191

793.

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 ’050 patent. 794.

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

notice of Rambus’s infringement allegations with respect to the Asserted Patents. 795.

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 ’050 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 ’050 patent. HP has thereby contributed to and continues to contribute to the infringement of at least the asserted claims of the ’050 patent. 796.

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

Patents, HP knows about the ’050 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 ’050 patent. HP actively induces infringement of the asserted claims of the ’050 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 ’050 patent.

192

797.

Charts applying claim 29 of the '050 patent to the Representative Accused

Products that include DDR3 and DDR2 memory controllers are attached as Exhibits 21A-B, respectively.

(9) MSI 798.

Upon information and belief, at least the MSI products that include a DDR2 or

DDR3 memory controller directly or indirectly infringe at least the asserted claims 29 and 3 1 of the '050 patent. 799.

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 '050 patent. 800.

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

notice of Rambus's infringement allegations with respect to the Asserted Patents. 801.

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 '050 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 '050 patent. MSI has thereby contributed to and continues to contribute to the infringement of at least the asserted claims of the '050 patent.

193

802.

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

Patents, MSI knows about the '050 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 '050 patent. MSI actively induces infringement of the asserted claims of the '050 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 '050 patent. 803.

Charts applying claim 29 of the '050 patent to the Representative Accused

Products that include DDR3 and DDR2 memory controllers are attached as Exhibits 21A-B, respectively.

(10) 804.

Palit

Upon information and belief, at least the Palit products that include a DDR2 or

DDR3 memory controller directly or indirectly infringe at least the asserted claims 29 and 31 of the '050 patent. 805.

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 '050 patent. 806.

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

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

807.

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 '050 patent, and are 194

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 '050 patent. Palit has thereby contributed to and continues to contribute to the infringement of at least the asserted claims of the '050 patent. 808.

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

Patents, Palit knows about the '050 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 '050 patent. Palit actively induces infringement of the asserted claims of the ,050 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 '050 patent. 809.

Charts applying claim 29 of the '050 patent to the Representative Accused

Products that include DDR3 and DDR2 memory controllers are attached as Exhibits 21A-B, respectively. (11) 810.

Pine

Upon information and belief, at least the Pine products that include a DDR2 or

DDR3 memory controller directly or indirectly infringe at least the asserted claims 29 and 31 of the '050 patent. 811.

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 '050 patent. 812.

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

notice of Rambus's infringement allegations with respect to the Asserted Patents. 195

813.

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 '050 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 '050 patent. Pine has thereby contributed to and continues to contribute to the infringement of at least the asserted claims of the '050 patent. 814.

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

Patents, Pine knows about the '050 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 '050 patent. Pine actively induces infringement of the asserted claims of the '050 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 '050 patent. 815.

Charts applying claim 29 of the '050 patent to the Representative Accused

Products that include DDR3 and DDR2 memory controllers, including Pine's representative products, are attached as Exhibits 21A-B, respectively.

(12) 816.

Sparkle

Upon information and belief, at least the Sparkle products that include a DDR2 or

DDR3 memory controller directly or indirectly infringe at least the asserted claims 29 and 31 of the '050 patent. 196

817.

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 ’050 patent. 818.

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

notice of Rambus’s infringement allegations with respect to the Asserted Patents. 819.

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 ’050 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 ’050 patent. Sparkle has thereby contributed to and continues to contribute to the infringement of at least the asserted claims of the ’050 patent. 820.

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

Patents, Sparkle knows about the ’050 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 ’050 patent. Sparkle actively induces infringement of the asserted claims of the

’050 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 ’050 patent.

197

821.

Charts applying claim 29 of the ’050 patent to the Representative Accused

Products that include DDR3 and DDR2 memory controllers are attached as Exhibits 21A-B, respectively.

6. Foreign Counterparts to the Barth I1 Patents 822.

To the best of Rambus’s knowledge, information, and belief, there are no foreign

patents or applications pending, filed, abandoned, or rejected corresponding to the ’119, ’952, ’953, andor ’050 patents.

7. Licenses to the Barth I1 Patents 823.

The identities of all parties with a license to the Barth I1 patents, namely the ’ 119,

’952, ’953, and ’050 patents, are set forth in Confidential Exhibit 46. 824.

To the best of Rambus’s knowledge, information, or belief, there are no other

licenses to the ’ 119, ’952, ’953, and/or ’050 patents.

VI.

HARMONIZED TARIFF SCHEDULE INFORMATION 825.

The Accused Products are believed to fall within the following classifications of

the Harmonized Tariff Schedules (“HTS”) of the United States:

8471.30.01, 8471.41.01,

8471S0.01, 8471.60.70, 8473.30.11, and 8542.31.00. These HTS numbers are illustrative only and are not intended to be restrictive of the Accused Products.

VII.

DOMESTIC INDUSTRY 826.

A domestic industry exists with respect to the subject controller technology by

virtue of, inter alia, Rambus’s extensive licensing activities in the United States. 827.

As of 2008, Rambus has made a great investment in the exploitation of the

Asserted Patents by virtue of its substantial engineering, research and development, licensing, and technical service activities within the United States relating to technology protected by the relevant claims of these patents. See 19 U.S.C. 198

9 1337(a)(3)(C). In particular, Rambus has

undertaken an extensive and substantial licensing program relating to its patented technology. The Asserted Patents, and the patent families of which they are a part, are important parts of Rambus’s patent portfolio and are significant to Rambus’s licensing activity. 828.

As of October 14, 2008, Rambus has granted licenses of varying scope under the

Asserted Patents to many companies, including some of the world’s largest semiconductor manufacturers. (See Confidential Exhibit 46.) Those licensing activities have yielded substantial and increasing revenues over time for the highly reliable technology covered by the Asserted Patents. (See Confidential Exhibit 47.) 829.

As of October 14, 2008, Rambus has made large investments in order to license

the technology, including employment of various personnel who devote the majority of their time identifying potential licensees, marketing the technology to potential licensees, negotiating the actual agreements, and monitoring compliance. (See Confidential Exhibit 47.) In addition, Rambus employs engineers who perform professional technical services to licensees to help them implement the technology, as well as pre-licensing technical services. (See Confidential Exhibit 47.) 830.

Rambus’s principal place of business is its corporate headquarters in Los Altos,

California. Rambus performs research and development activities for technology covered by the Asserted Patents, as well as marketing, licensing, prototyping, and other services at its corporate headquarters. The square footage of Rambus’s buildings is set forth in Confidential Exhibit 47.

VIII. RELATED PROCEEDINGS A. Related Litigations 831.

Rambus is currently litigating the Asserted Patents and other patents in an action

against NVIDIA filed on July 10, 2008, in the District Court for the Northern District of California, Rambus Znc. v. NVZDJA Corp., No. 8-3343 (N.D. Cal.). NVIDIA has filed a motion 199

to dismiss and to strike, or in the alternative, for a more definitive statement. Rambus filed its opposition to that motion on October 24, 2008 and NVIDIA filed its reply on October 3 1. The motion has been noticed for hearing on November 14, 2008.

The Court has set a case

management conference on December 5, 2008. No discovery has taken place in this action. Rambus will keep the Commission informed of the status of this co-pending litigation. 832.

On July 11, 2008, one day after the action identified above was filed, NVIDIA

filed an action in the District Court for the Middle District of North Carolina against Rambus,

NVIDZA Corp. v. Rambus, Inc., No. 1:08-CV-473 (M.D.N.C.). On July 24,2008, NVIDIA filed an Amended Complaint. The Amended Complaint identifies patent applications in the families of the Barth I and Barth I1 patents. Rambus filed a motion to dismiss the Complaint on September 8, 2008 and filed a motion to transfer the litigation to California on September 17, 2008. NVIDIA filed an opposition to the motion to dismiss on September 29, 2008 and filed an opposition to the motion to transfer on October 7, 2008. NVIDIA filed replies on October 16 and 24, 2008. Rambus will keep the Commission informed of the status of this co-pending litigation. 833.

There have been no other litigations involving the Asserted Patents.

B. Related Oppositions 834.

On March 27, 2008, Micron Europe Ltd. filed an opposition in the European

Patent Office against European Patent No. EP 1291778, which is related to the Ware patents (the '998 and '016 patents). That opposition is pending. 835.

On October 22, 2003, Infineon Technologies AG and Micron Europe Ltd. filed

oppositions in the European Patent Office against European Patent No. 0870241, which is related to the Barth I patents (the '405, '353, and '109 patents). Infineon Technologies AG subsequently withdrew its opposition. On May 18, 2005, Micron Europe Ltd. filed a corrected opposition to 200

European Patent No. 0870241. Rambus filed observations in response to the oppositions, and oral proceedings were held on December 8, 2005. On February 14, 2006, the European Patent Office dismissed the oppositions and an appeal was filed on April 12,2006. Oral proceedings on that appeal are scheduled for December 10,2008.

IX.

GENERAL EXCLUSION ORDER 836.

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

importers of 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 infringing products. In this Complaint, Complainant 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.

X.

RELIEF WHEREFORE, by reason of the foregoing, Rambus requests that the United States

International Trade Commission: a.

Institute an immediate investigation pursuant to Section 337 of the Tariff Act of

1930, as amended, 19 U.S.C. 9 1337, with respect to violations of that section based upon the unlawful importation into the United States, the sale for importation and/or the sale within the United States after importation by Respondents of certain semiconductor chips that include memory controllers and products containing same that infringe one or more of the asserted claims of the Rambus’s Asserted Patents; b.

Schedule and conduct a hearing on said unlawful acts and, following said hearing; 201

e.

Issue a permanent general exclusion order, or, alternatively, a limited exclusion

order, pursuant to Section 337(d) of the Tariff Act of 1930, as amended, excluding from entry into the United States all semiconductor chips that include memory controllers which are manufactured, imported, or sold for importation which infringe any claim of the Asserted Patents, and all products, for example, chips, cards, motherboards, computers, and systems incorporating the same. A general exclusion order constitutes the appropriate relief in this case given the numerous sources abroad of infringing products and the available channels of distribution; d.

Issue a permanent cease and desist order pursuant to Section 337(f) of the Tariff

Act of 1930, as amended, directing Respondents to cease and desist from importing, marketing, advertising, demonstrating, sampling, warehousing inventory for distribution, offering for sale, selling, distributing, licensing, or use of any semiconductor chips that include memory controllers and/or products containing said semiconductor chips, that infringe any claim of the Asserted Patents; and e.

Grant such other and further relief as the Commission deems just and proper

under the law, based on the facts determined by the investigation and the authority of the Commission.

202

Dated: November 6,2008

Respectfully submitted,

Doris Johnson Hines Christine E. Lehman Kathleen A. Daley Naveen Modi FINVEGAN, HENDERSON, F A U B O W , GARRETT & DUNNER, L.L.P. 901 New York Avenue, NW Washington, DC 20001-4413 Telephone: (202) 408-4000 Facsimile: (202) 408-4400

203

VERIFICATION OF COMPLAINT

I, Satish Rishi, Senior Vice President and Chief Financial Officer for Rambus Inc., declare that:

1.

I am duly authorized to execute this verification.

2.

I have read the foregoing Complaint and am familiar with the allegations and

statements contained therein.

3.

To the best of my knowledge, information and belief, founded after reasonable

inquiry, the allegations and statements contained in the foregoing Complaint are well grounded in fact, are warranted by existing law or a good faith argument for the extension, modification or establishment of new law.

4.

The allegations and other factual contentions have evidentiary support or are

likely to have evidentiary support after a reasonable opportunity for further investigation or discovery.

5.

The foregoing Complaint is not being filed for any improper purpose.

I declare under penalty of perjury on this true and correct.

of November, 2008 that the foregoing is

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

Inv. No. 337-TA-

CERTIFICATE OF SERVICE

I, W. Yorick Wrausmann, hereby certify that on November 6,2008, copies of the foregoing document were served upon the following parties as indicated: Ms. Marilyn R. Abbott, Secretary U S INTERNATIONAL TRADECOMMISSION 500 E Street, SW, Room 116 Washington, DC 20436

(ORIGINAL + 13 COPIES)

Via First Class Mail Via Hand Delivery Via Courier (FedEx) Via Facsimile [z1 Via Ernail (PDF File)

,Litigation

Clerk FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, L.L.P. 901 New York Avenue, NW Washington, DC 2000 1-4413 (202) 408-4000 (Telephone) (202) 408-4400 (Facsimile)