Case 1:23-cv-00122-UNA Document 1 Filed 02/01/23 Page 1 of 116 PageID #: 1
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`
`
`
`
`
`
`Civil Action No. ______________
`
`JURY TRIAL DEMANDED
`
`LITL LLC,
`
`v.
`
`Plaintiff,
`
`ASUSTEK COMPUTER INC., ASUS
`GLOBAL PTE. LTD., and ASUS
`TECHNOLOGY PTE. LIMITED,
`
`Defendants.
`
`
`COMPLAINT
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Plaintiff LiTL LLC (“Plaintiff” or “LiTL”) brings this action for patent infringement
`
`against Defendants ASUSTeK Computer Inc., Asus Global Pte. Ltd. and Asus Technology Pte.
`
`Limited (collectively, “Defendants” or “ASUS”).
`
`INTRODUCTION
`
`1.
`
`This is a civil action for patent infringement under the laws of the United States,
`
`35 U.S.C. § 1, et seq.
`
`2.
`
`Defendants have infringed and continue to infringe one or more claims of U.S.
`
`Patent Nos. 8,289,688 (“the ’688 patent”); 8,624,844 (“the ’844 patent”); 9,563,229 (“the ’229
`
`patent “); 10,289,154 (“the ’154 patent”); 9,003,315 (“the ’315 patent”); 9,880,715 (“the ’715
`
`patent”); 10,564,818 (“the ’818 patent”); and 8,612,888 (“the ’888 patent”) (collectively, the
`
`“Asserted Patents”) at least by making, using, selling, offering for sale, and importing into the
`
`United States computing devices that infringe one or more claims of each of the Asserted
`
`Patents.
`
`
`
`1
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`
`
`
`
`
`
`Civil Action No. ______________
`
`JURY TRIAL DEMANDED
`
`LITL LLC,
`
`v.
`
`Plaintiff,
`
`ASUSTEK COMPUTER INC., ASUS
`GLOBAL PTE. LTD., and ASUS
`TECHNOLOGY PTE. LIMITED,
`
`Defendants.
`
`
`COMPLAINT
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Plaintiff LiTL LLC (“Plaintiff” or “LiTL”) brings this action for patent infringement
`
`against Defendants ASUSTeK Computer Inc., Asus Global Pte. Ltd. and Asus Technology Pte.
`
`Limited (collectively, “Defendants” or “ASUS”).
`
`INTRODUCTION
`
`1.
`
`This is a civil action for patent infringement under the laws of the United States,
`
`35 U.S.C. § 1, et seq.
`
`2.
`
`Defendants have infringed and continue to infringe one or more claims of U.S.
`
`Patent Nos. 8,289,688 (“the ’688 patent”); 8,624,844 (“the ’844 patent”); 9,563,229 (“the ’229
`
`patent “); 10,289,154 (“the ’154 patent”); 9,003,315 (“the ’315 patent”); 9,880,715 (“the ’715
`
`patent”); 10,564,818 (“the ’818 patent”); and 8,612,888 (“the ’888 patent”) (collectively, the
`
`“Asserted Patents”) at least by making, using, selling, offering for sale, and importing into the
`
`United States computing devices that infringe one or more claims of each of the Asserted
`
`Patents.
`
`
`
`1
`
`
`
`Case 1:23-cv-00122-UNA Document 1 Filed 02/01/23 Page 2 of 116 PageID #: 2
`
`3.
`
`LiTL is the legal owner by assignment of the entire right, title, and interest in and
`
`to the Asserted Patents, which were duly and legally issued by the United States Patent and
`
`Trademark Office (“USPTO”). LiTL seeks monetary damages and injunctive relief to address
`
`past and ongoing infringement of its valuable patent portfolio.
`
`THE PARTIES
`
`4.
`
`Plaintiff LiTL LLC is a Delaware company, having its principal place of
`
`business at 501 Boylston Street, Boston, Massachusetts 02116.
`
`5.
`
`On information and belief, Defendant ASUSTek Computer Inc. (“ASUSTeK”)
`
`is a company organized under the laws of Taiwan, having its principal place of business at No.
`
`15, Li-Te Road, Beitou District, Taipei 112, Taiwan.
`
`6.
`
`On information and belief, Defendant Asus Global Pte. Ltd. (“ASGL”) is a
`
`company organized under the laws of Singapore, having an address at 15A Changi Business Park
`
`Central 1, #05-01 Eightrium, Singapore 486035, Singapore. According to ASUSTeK’s 2021
`
`annual report, Asus Global is a wholly-owned, direct subsidiary of ASUSTeK.
`
`https://www.asus.com/EVENT/Investor/Content/attachment_en/2021_ir_report_en.pdf, p. 163.
`
`7.
`
`On information and belief, Defendant Asus Technology Pte. Limited (“ASTP”)
`
`is a company organized under the laws of Singapore, having an address at 9 Changi Business
`
`Park Vista, #07-03/04 Das Spektrum, Singapore 486041, Singapore. According to ASUSTeK’s
`
`2021 annual report, Asus Technology is a wholly-owned, indirect subsidiary of ASUSTeK.
`
`https://www.asus.com/EVENT/Investor/Content/attachment_en/2021_ir_report_en.pdf, p. 164.
`
`JURISDICTION AND VENUE
`
`8.
`
`This action arises under the patent laws of the United States, Title 35 of the
`
`United States Code. This Court has subject matter jurisdiction over this action pursuant to 28
`
`U.S.C. §§ 1331 and 1338(a).
`
`
`
`2
`
`
`
`Case 1:23-cv-00122-UNA Document 1 Filed 02/01/23 Page 3 of 116 PageID #: 3
`
`9.
`
`Defendants are subject to specific jurisdiction in this District under Federal Rule
`
`of Civil Procedure 4(k)(1) and the Del. Code. Ann. Tit. 20, § 3104 (the “Delaware Long Arm
`
`Statute”) due to at least Defendants’ substantial business in this forum, including: (i) at least a
`
`portion of the infringements alleged herein; and (ii) regularly doing or soliciting business,
`
`engaging in other persistent courses of conduct, and/or deriving substantial revenue from goods
`
`and services provided to individuals in this District.
`
`10.
`
`Alternatively, Defendants are subject to specific jurisdiction in this District
`
`under Federal Rule of Civil Procedure 4(k)(2) at least because Defendants purposefully directed
`
`their infringing activities to the United States and Delaware through an established distribution
`
`channel.
`
`11.
`
`On information and belief, ASUSTeK “is a manufacturer and seller of consumer
`
`electronic equipment such as laptop computers.” Photonic Imaging Solutions, Inc. v. ASUSTek
`
`Computer Inc., No. 1:18-cv-00488, D.I. 13 (Answer), ¶ 2 (D. Del. Jan. 4, 2019).
`
`12.
`
`On information and belief, ASUSTeK was involved in researching and
`
`developing the Accused Products (defined below).
`
`13.
`
`On information and belief, ASUSTeK has sold products to ASTP. See Graphics
`
`Properties Holdings Inc. v. Asus Computer International Inc., No. 1:12-cv-00210, D.I. 14,
`
`Declaration of Yvette Wang, ¶ 9 (D. Del. May 14, 2012).
`
`14.
`
`On information and belief, ASUSTeK sells products to ASGL. According to
`
`ASUS’s 2021 annual report, ASUSTeK made over 92% of its sales in 2021 to ASGL.
`
`https://www.asus.com/EVENT/Investor/Content/attachment_en/2021_ir_report_en.pdf, p. 279.
`
`15.
`
`On information and belief, ASTP provides financing to ASGL.
`
`https://www.asus.com/EVENT/Investor/Content/attachment_en/2021_ir_report_en.pdf, p. 275.
`
`
`
`3
`
`
`
`Case 1:23-cv-00122-UNA Document 1 Filed 02/01/23 Page 4 of 116 PageID #: 4
`
`16.
`
`On information and belief, ASGL sells products to ASUS Computer
`
`International (“ACI”), a California corporation located in California. According to ASUS’s 2021
`
`annual report, ASGL made over 21% of its sales in 2021 to ACI.
`
`https://www.asus.com/EVENT/Investor/Content/attachment_en/2021_ir_report_en.pdf, p. 279.
`
`On information and belief, in 2022 ASGL shipped ACI over 400 containers containing over 1
`
`million notebook computers. On information and belief, these shipments included the Accused
`
`Products.
`
`17.
`
`On information and belief, ASTP has sold and shipped products to ACI. See
`
`Graphics Properties Holdings Inc. v. Asus Computer International Inc., No. 1:12-cv-00210, D.I.
`
`16, Declaration of Godwin Yan, ¶ 9 (D. Del. May 14, 2012).
`
`18.
`
`On information and belief, ASUSTeK has sold and continues to sell the Accused
`
`Products to ASGL.
`
`19.
`
`On information and belief, ASGL’s purchases of the Accused Products have
`
`been financed and continue to be financed, at least in part, by ASTP.
`
`20.
`
`On information and belief ASGL has sold and continues to sell the Accused
`
`Products to ACI in the United States.
`
`21.
`
`According to ASUSTeK’s 2021 annual report, revenues from the United States
`
`accounted for about 19% (i.e., 101,713,640 / 535,237,735) of ASUSTeK’s global revenues in
`
`2021 and about 20% (i.e., 83,838,466 / 412,780,439) in 2020.
`
`https://www.asus.com/EVENT/Investor/Content/attachment_en/2021_ir_report_en.pdf, p. 274.
`
`22.
`
`The Accused Products are offered for sale and sold to residents of Delaware
`
`from ASUSTeK’s website. For example, on January 23, 2023, a VivoBook Go 14 Flip was
`
`
`
`4
`
`
`
`Case 1:23-cv-00122-UNA Document 1 Filed 02/01/23 Page 5 of 116 PageID #: 5
`
`purchased from ASUSTeK’s website (https://www.asus.com/us/laptops/for-
`
`home/vivobook/vivobook-go-14-flip-j1400/) by a resident of Delaware.
`
`23.
`
`On information and belief, Best Buy and Costco are part of Defendants’
`
`established distribution channel. For example:
`
`
`
`https://promos.asus.com/US/where_to_buy/index.htm
`
`24.
`
`On information and belief, the Accused Products are offered for sale and sold to
`
`residents of Delaware by Best Buy for pickup at Best Buy stores located in Delaware. For
`
`example, on January 23, 2023, a VivoBook Flip 14 was purchased by a resident of Delaware
`
`from Best Buy’s website (https://www.bestbuy.com/site/asus-vivobook-flip-14-j401ma-14-
`
`laptop-intel-pentium-silver-4-gb-memory-128-gb-emmc/6507132.p?skuId=6507132) for pickup
`
`at a Best Buy store located at 4807 Concord Pike, Wilmington, Delaware.
`
`
`
`5
`
`
`
`Case 1:23-cv-00122-UNA Document 1 Filed 02/01/23 Page 6 of 116 PageID #: 6
`
`25.
`
`On January 30, 2023, Best Buy’s website offered for sale a convertible Zenbook,
`
`an Accused Product, for pickup at Best Buy’s “Concord Pike” store, located at 4807 Concord
`
`Pike, Wilmington, Delaware.
`
`https://www.bestbuy.com/site/asus-zenbook-flip-2-in-1-15-6-oled-touch-screen-laptop-intel-evo-
`
`core-i7-intel-arc-a370m-16gb-memory-1tb-ssd-azurite-blue/6501009.p?skuId=6501009
`
`
`
`
`
`6
`
`
`
`Case 1:23-cv-00122-UNA Document 1 Filed 02/01/23 Page 7 of 116 PageID #: 7
`
`26.
`
`On January 30, 2023, Best Buy’s website offered for sale a convertible ROG
`
`laptop, an Accused Product, for pickup at Best Buy’s “Christiana” store, located at 2700 Fashion
`
`Center Blvd in Newark, Delaware.
`
`https://www.bestbuy.com/site/asus-rog-13-4-touchscreen-gaming-laptop-amd-ryzen-9-16gb-
`
`memory-nvidia-geforce-rtx-3050-ti-v4g-graphics-1tb-ssd-off-black/6494640.p?skuId=6494640
`
`
`
`27.
`
`On information and belief, the Accused Products are offered for sale to residents
`
`of Delaware by Costco for pickup at a Costco store located in Delaware. On January 30, 2023,
`
`
`
`
`
`7
`
`
`
`Case 1:23-cv-00122-UNA Document 1 Filed 02/01/23 Page 8 of 116 PageID #: 8
`
`Costco’s website offered for sale a convertible VivoBook, an Accused Product, for pickup at
`
`Costco’s “Christiana” store, located at 900 Center Blvd S in Newark, Delaware 19702.
`
`
`
`https://www.costco.com/asus-14%22-vivobook-tn3402qa-2-in1-touchscreen-laptop---amd-
`
`ryzen-7-5800h----wuxga-(1920-x-1200)---windows-11.product.4000038231.html
`
`28.
`
`In IPA Technologies Inc. v. ASUS Computer International et al, No. 1:17-cv-
`
`00120, D.I. 7 (Answer), ¶ 5 (D. Del. May 2, 2017), ASUSTeK admitted that “it is subject to
`
`personal jurisdiction in this District for this particular case only.”
`
`29.
`
`In Photonic Imaging Solutions, Inc. v. ASUSTek Computer Inc., No. 1:18-cv-
`
`00488, D.I. 13 (Answer), ¶ 4 (D. Del. Jan. 4, 2019), ASUSTeK stated that “ASUSTeK does not
`
`object to this Court exercising personal jurisdiction over ASUSTeK for the purpose of this case
`
`only.”
`
`30.
`
`On information and belief, ASUSTeK, ASGL and ASTP maintain purposeful
`
`contacts with this District and with the United States, including but not limited to: (1) ASUSTeK
`
`researches and develops the Accused Products, (2) ASUSTeK makes or has made the Accused
`
`
`
`8
`
`
`
`Case 1:23-cv-00122-UNA Document 1 Filed 02/01/23 Page 9 of 116 PageID #: 9
`
`Products; (3) ASUSTeK sells the Accused Products to ASGL with financing from ASTP, and
`
`ASGL sells the Accused Products to ACI in the United States; (4) ACI sells the Accused
`
`Products to resellers such as Best Buy and Costco, which have locations in Delaware; (5)
`
`Defendants put the Accused Products into ASUS’s established distribution channel that targets
`
`Delaware and the United States; and (6) on information and belief, each of Defendants put the
`
`Accused Products into the stream of commerce with the expectation that some of the Accused
`
`Products will be purchased by consumers in Delaware and throughout the United States.
`
`31.
`
`Venue is proper in this District under 28 U.S.C. §§ 1391 and 1400(b).
`
`Defendants do not reside in the United States and venue lies in any judicial district pursuant to
`
`28 U.S.C. § 1391(c)(3). Upon information and belief, Defendants have transacted business in
`
`this District and have committed acts of direct and indirect infringement in this District by,
`
`among other things, making, using, offering to sell, selling, and/or importing products that
`
`infringe the Asserted Patents.
`
`FACTUAL BACKGROUND
`
`LiTL’s Patented Technologies
`
`32.
`
`In 2007, John Chuang had a vision for a new type of computer. He recognized
`
`that traditional computers are designed to meet the needs of everyone from a six year old to the
`
`largest employers on earth. Mr. Chuang set out to build a computer for the home that offered a
`
`simplified operating environment. Mr. Chuang founded LiTL and assembled a team of hardware
`
`and software engineers and user interface designers to achieve his vision.
`
`
`
`9
`
`
`
`Case 1:23-cv-00122-UNA Document 1 Filed 02/01/23 Page 10 of 116 PageID #: 10
`
`33.
`
`LiTL developed a webbook, a portable computing device, which launched in
`
`2009. LiTL focused on how a family typically uses the Internet in the home, and optimized the
`
`webbook’s user interface for consuming Internet content.
`
`
`
`
`http://web.archive.org/web/20091204052449/www.litl.com/essays/hardware.htm
`
`
`34.
`
`The webbook provided multiple display modes. In laptop mode, users access a
`
`keyboard and touchpad to browse the Internet and access apps that can be arranged as a set of
`
`cards.
`
`
`
`10
`
`
`
`Case 1:23-cv-00122-UNA Document 1 Filed 02/01/23 Page 11 of 116 PageID #: 11
`
`
`
`http://web.archive.org/web/20091204052449/http://www.litl.com/essays/hardware.htm
`
`
`35.
`
`Rotating the webbook display into “easel mode” allows users to easily consume
`
`content from the Internet via a streamlined, intuitive interface.
`
`
`http://web.archive.org/web/20091201114605/http://www.litl.com/easy-to-use/intuitive-
`
`
`
`interface.htm
`
`
`
`11
`
`
`
`Case 1:23-cv-00122-UNA Document 1 Filed 02/01/23 Page 12 of 116 PageID #: 12
`
`36.
`
`In easel mode the webbook’s keyboard faces away from the user, and content is
`
`enlarged on the display for easier viewing from further away.
`
`
`http://web.archive.org/web/20130420102239/http://litl.com/webbook/meet-webbook/more-
`
`fun.htm
`
`37.
`
`The webbook can also be configured in “frame mode,” in which the keyboard
`
`faces down into the surface on which the webbook rests.
`
`’688 patent, Figure 26.
`
`
`
`
`12
`
`
`
`
`
`Case 1:23-cv-00122-UNA Document 1 Filed 02/01/23 Page 13 of 116 PageID #: 13
`
`38.
`
`The webbook delivers content from a user’s favorite websites via “channels” to
`
`provide an experience that resembles watching television.
`
`
`
`
`http://web.archive.org/web/20091204052453/http://www.litl.com/essays/software.htm
`
`39.
`
`LiTL’s investment in innovation has produced a portfolio that includes over 20
`
`patents in the United States and other countries across the globe.
`
`LiTL’s Asserted Patents
`
`40.
`
`This complaint focuses on eight LiTL patents directed to various aspects of
`
`computing devices that can be used in multiple display modes.
`
`
`
`13
`
`
`
`Case 1:23-cv-00122-UNA Document 1 Filed 02/01/23 Page 14 of 116 PageID #: 14
`
`41.
`
`LiTL is the current owner by assignment of the entire right, title, and interest in
`
`and to the ’688 patent titled “Portable computer with multiple display configurations.” The ’688
`
`patent was duly and legally issued on October 16, 2012. The patent is generally directed to
`
`portable computers configurable between a plurality of display modes. A copy of the ʼ688 patent
`
`is attached as Exhibit A.
`
`42.
`
`LiTL is the current owner by assignment of the entire right, title, and interest in
`
`and to the ’844 patent titled “Portable computer with multiple display configurations.” The ’844
`
`patent was duly and legally issued on January 7, 2014. The patent is generally directed to
`
`portable computers configurable between a plurality of display modes. A copy of the ʼ844 patent
`
`is attached as Exhibit B.
`
`43.
`
`LiTL is the current owner by assignment of the entire right, title, and interest in
`
`and to the ’229 patent titled “Portable computer with multiple display configurations.” The ’229
`
`patent was duly and legally issued on February 7, 2017. The patent is generally directed to
`
`portable computers configurable between a plurality of display modes. A copy of the ʼ229 patent
`
`is attached as Exhibit C.
`
`44.
`
`LiTL is the current owner by assignment of the entire right, title, and interest in
`
`and to the ’154 patent titled “Portable computer with multiple display configurations.” The ’154
`
`patent was duly and legally issued on May 14, 2019. The patent is generally directed to portable
`
`computers configurable between a plurality of display modes. A copy of the ʼ154 patent is
`
`attached as Exhibit D.
`
`45.
`
`LiTL is the current owner by assignment of the entire right, title, and interest in
`
`and to the ’315 patent titled “System and method for streamlining user interaction with electronic
`
`content.” The ’315 patent was duly and legally issued on April 7, 2015. The patent is generally
`
`
`
`14
`
`
`
`Case 1:23-cv-00122-UNA Document 1 Filed 02/01/23 Page 15 of 116 PageID #: 15
`
`directed to a user interface configured to display a plurality of views of computer content. A
`
`copy of the ʼ315 patent is attached as Exhibit E.
`
`46.
`
`LiTL is the current owner by assignment of the entire right, title, and interest in
`
`and to the ’715 patent titled “System and method for streamlining user interaction with electronic
`
`content.” The ’715 patent was duly and legally issued on January 30, 2018. The patent is
`
`generally directed to a user interface configured to display a plurality of views of computer
`
`content. A copy of the ʼ715 patent is attached as Exhibit F.
`
`47.
`
`LiTL is the current owner by assignment of the entire right, title, and interest in
`
`and to the ’818 patent titled “System and method for streamlining user interaction with electronic
`
`content.” The ’818 patent was duly and legally issued on February 18, 2020. The patent is
`
`generally directed to a user interface configured to display a plurality of views of computer
`
`content. A copy of the ʼ818 patent is attached as Exhibit G.
`
`48.
`
`LiTL is the current owner by assignment of the entire right, title, and interest in
`
`and to the ’888 patent titled “Method and apparatus for managing digital media content.” The
`
`’888 patent was duly and legally issued on December 17, 2013. The patent relates generally to
`
`accessing and managing digital media libraries on streamlined computing devices with a
`
`plurality of selectable I/O profiles. A copy of the ʼ888 patent is attached as Exhibit H.
`
`49.
`
`LiTL has complied with its obligations under 35 U.S.C. § 287 for each of the
`
`Asserted Patents.
`
`50.
`
`The Asserted Patents are well-known to personal computing companies because
`
`the Asserted Patents and their published applications have been frequently cited during
`
`prosecution of patent applications owned by personal computing companies.
`
`
`
`15
`
`
`
`Case 1:23-cv-00122-UNA Document 1 Filed 02/01/23 Page 16 of 116 PageID #: 16
`
`51.
`
`The Asserted Patents belong to a family whose members have been cited in over
`
`1,000 third-party patents and published applications.
`
`52.
`
`The ’688 patent and its corresponding published application have been cited in
`
`over 250 patents or published applications, including many that are assigned to major players in
`
`the personal computing space such as ASUS.
`
`53.
`
`The ’229, ’154, ’315, ’715, ’818 and ’888, patents are descendants of the ’688
`
`patent.
`
`54.
`
`Given the numerous patents directed to ASUSTeK’s convertible laptops, the
`
`citations to the ’688 patent and corresponding published applications in ASUSTeK’s own patent
`
`applications, on information and belief ASUSTeK was aware of each of the Asserted Patents
`
`before the filing of this Complaint and knew that ASUSTeK’s convertible design infringes the
`
`Asserted Patents.
`
`ASUS’s Incorporation of LiTL’s Patented Technologies into Its Computing Devices
`
`55.
`
`The allegations provided below are exemplary and without prejudice to LiTL’s
`
`infringement contentions. In providing these allegations, LiTL does not convey or imply any
`
`particular claim constructions or the precise scope of the claims. LiTL’s claim construction
`
`contentions regarding the meaning and scope of the claim terms will be provided under the
`
`Court’s scheduling order and local rules.
`
`56.
`
`The infringing products include, but are not limited to, ZenBook Flip; ZenBook
`
`Flip S13; Zenbook Flip 13; Zenbook Flip 14; Zenbook 14 Flip; Zenbook Flip 15; Zenbook Pro
`
`Flip 15; Zenbook Pro 15 Flip; VivoBook Flip 12; Vivobook 13 Slate; VivoBook Flip 14;
`
`VivoBook S14 Flip; VivoBook Go 14 Flip; VivoBook Flip 15; ExpertBook B3 Flip; ExpertBook
`
`B5 Flip; ExpertBook B7 Flip; NovaGo; BR1100F (11.6 inch); Q304UA (13.3 inch); Q325UA
`
`(13.3 inch); Q504UA (15.6 inch); Q505UA (15.6 inch); Q524 (15.6 inch); Q525 (15.6 inch);
`
`
`
`16
`
`
`
`Case 1:23-cv-00122-UNA Document 1 Filed 02/01/23 Page 17 of 116 PageID #: 17
`
`Q526 (15.6 inch); Q536 (15.6 inch); Transformer Book Flip; ROG Flow X13; and ROG Flow
`
`X16 (“Accused Products”). The Accused Products are non-limiting examples that were
`
`identified based on publicly available information, and LiTL reserves the right to identify
`
`additional infringing activities, products and services, including, for example, on the basis of
`
`information obtained during discovery.
`
`57.
`
`While each of the Accused Products are convertible models, ASUS also offers at
`
`least three product lines which can be sold in a conventional laptop configuration as an
`
`alternative to the infringing convertible configuration (e.g., ZenBook, VivoBook, and
`
`ExpertBook). ASUS distinguishes conventional laptops from convertible models by labelling
`
`the latter with a “Flip” designation in the product name:
`
`• ZenBook: https://press.asus.com/#/news/details?solo=174 (distinguishing the
`
`ZenBook 13 (UX325) with the ZenBook Flip 13 (UX363) by emphasizing that the
`
`latter features “a precision-engineered 360° ErgoLift hinge that allows versatile
`
`usage modes: laptop, tablet, tent, stand, or anything in between”)
`
`• VivoBook: https://press.asus.com/#/news/details?solo=174 (distinguishing between
`
`the VivoBook 14 (K413/X413) and VivoBook Flip 14 (TP470) by emphasizing that
`
`the latter features a “360° hinge that allows it to be used in laptop, stand, tent and
`
`tablet modes — or anything in between”)
`
`• ExpertBook: https://press.asus.com/#/news/details?solo=2296 (distinguishing the
`
`ExpertBook B5 and the ExpertBook B5 Flip by noting that the latter “additionally
`
`benefits from a 360° any-position hinge that gives it unrivaled flexibility for all
`
`aspects of the working day, from focused productivity to collaborative online
`
`meetings, including tablet, tent, stand and traditional modes”)
`
`
`
`17
`
`
`
`Case 1:23-cv-00122-UNA Document 1 Filed 02/01/23 Page 18 of 116 PageID #: 18
`
`58.
`
`On information and belief, the Accused Products are all convertible devices
`
`comprising a 360° hinge, which are capable of being used in multiple modes, including laptop
`
`mode, tent mode, tablet mode, and stand mode. For example:
`
`• ZenBook Flip (UX360) (April 12, 2016):
`
`https://press.asus.com/#/news/details?solo=83
`
`• VivoBook Flip 15 (TP501) (January 5, 2017):
`
`https://press.asus.com/#/news/details?solo=98
`
`• Zenbook Flip 14 (UX461) and Zenbook Flip 15 (UX561) (August 30, 2017):
`
`https://press.asus.com/#/news/details?solo=114
`
`• NovaGo (TP370) (December 6, 2017):
`
`https://press.asus.com/#/news/details?solo=120
`
`• Zenbook Flip 13 (UX362) and Zenbook Flip 15 (UX562) (August 30, 2018):
`
`https://press.asus.com/#/news/details?solo=139
`
`• Zenbook Flip S13 (UX371), Zenbook Flip 13 (UX363), Zenbook Flip 15 (UX564),
`
`and VivoBook Flip 14 (TP470) (September 3, 2020):
`
`https://press.asus.com/#/news/details?solo=174
`
`• BR1100F (11.6 inch) (January 14, 2021):
`
`https://press.asus.com/#/news/details?solo=175
`
`• Vivobook 13 Slate (T3300) (November 3, 2021):
`
`https://press.asus.com/#/news/details?solo=182
`
`• VivoBook Go 14 Flip (TP400) (November 23, 2021):
`
`https://press.asus.com/#/mediaResources/videos/details?index=9
`
`
`
`18
`
`
`
`Case 1:23-cv-00122-UNA Document 1 Filed 02/01/23 Page 19 of 116 PageID #: 19
`
`• Zenbook Pro Flip 15 (UP6502) (May 10, 2022):
`
`https://press.asus.com/#/news/details?solo=198
`
`• VivoBook S14 Flip (TP3402) (July 7, 2022):
`
`https://press.asus.com/#/mediaResources/videos/details?index=121
`
`• ROG Flow X13 (GV301) and ROG Flow X16 (GV601) (January 3, 2023):
`
`https://press.asus.com/#/news/details?solo=3341
`
`59.
`
`Defendants make, use, sell, offer for sale and import the Zenbook Flip 13
`
`(UX363) and the device’s features are described on ASUS’s website and other platforms in
`
`various places, including but not limited to:
`
`• https://www.asus.com/us/laptops/for-home/zenbook/zenbook-flip-13-oled-ux363-
`
`11th-gen-intel/ (“Zenbook Flip 13 (UX363) Webpage”)
`
`• https://www.asus.com/us/laptops/for-home/zenbook/zenbook-flip-13-oled-ux363-
`
`11th-gen-intel/techspec/ (“Zenbook Flip 13 (UX363) Specifications”)
`
`• https://dlcdnets.asus.com/pub/ASUS/nb/Customer_self_repair_guide/UX363EA/
`
`(“Zenbook Flip 13 (UX363) Maintenance and Service Guide”)
`
`• https://dlcdnets.asus.com/pub/ASUS/nb/UX363EA/ (“Zenbook Flip 13 (UX363)
`
`User Manual”)
`
`• https://www.youtube.com/watch?v=9W7FWNjMc3w&t=20s (“Zenbook Flip 13
`
`(UX363) Video”)
`
`60.
`
`The product overview and user manual for the Zenbook Flip 13 (UX363)
`
`describe at least four operating modes. For example, the webpage explains that “[t]he 360°
`
`ErgoLift hinge…offers the versatility to work or relax using…laptop, tent, stand or tablet
`
`[mode].” See Zenbook Flip 13 (UX363) Webpage.
`
`
`
`19
`
`
`
`Case 1:23-cv-00122-UNA Document 1 Filed 02/01/23 Page 20 of 116 PageID #: 20
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`See, e.g., Zenbook Flip 13 (UX363) User Manual, pp. 46-47.
`
`61.
`
`The keyboard and touchpad are automatically disabled in three of the four
`
`operating modes.
`
`
`
`20
`
`
`
`Case 1:23-cv-00122-UNA Document 1 Filed 02/01/23 Page 21 of 116 PageID #: 21
`
`See, e.g., Zenbook Flip 13 (UX363) User Manual, p. 47.
`
`62.
`
`On information and belief, the Accused Products identified in the table below are
`
`capable of operating in the four operating modes described in the preceding paragraphs:
`
`
`
`ZenBook Flip
`(UX360)
`ZenBook Flip S13
`(UX371)
`Zenbook Flip 13
`(UX362)
`Zenbook Flip 13
`(BX363)
`Zenbook Flip 13
`(UX363)
`Zenbook Flip 14
`(UX461)
`Zenbook Flip 14
`(UX463)
`Zenbook 14 Flip
`(UP5401)
`Zenbook 14 Flip
`(UM462)
`Zenbook Flip 15
`(Q538)
`Zenbook Flip 15
`(UM562)
`Zenbook Flip 15
`(UX561)
`Zenbook Flip 15
`(UX562)
`
`https://www.asus.com/laptops/for-home/zenbook/zenbook-flip-
`ux360/techspec/
`
`https://www.asus.com/us/laptops/for-home/zenbook/zenbook-
`flip-s13-oled-ux371-11th-gen-intel/techspec/
`
`https://www.asus.com/laptops/for-home/zenbook/zenbook-flip-
`13-ux362/techspec/
`
`https://dlcdnets.asus.com/pub/ASUS/nb/UX363EA/E17848_UX
`363EA_EM_V3_WEB.pdf?model=bx363ea
`
`https://www.asus.com/us/laptops/for-home/zenbook/zenbook-
`flip-13-oled-ux363-11th-gen-intel/techspec/
`https://www.asus.com/us/laptops/for-home/zenbook/asus-
`zenbook-flip-14-ux461/techspec/
`https://www.asus.com/laptops/for-home/zenbook/zenbook-
`flip-14-ux463/techspec/
`https://www.asus.com/laptops/for-home/zenbook/zenbook-14-flip-
`oled-up5401-11th-gen-intel/techspec/
`https://www.asus.com/laptops/for-home/zenbook/zenbook-
`flip-14-um462/techspec/
`https://www.asus.com/us/laptops/for-
`home/zenbook/zenbook-flip-15-q538ei/techspec/
`https://www.asus.com/laptops/for-home/zenbook/zenbook-
`flip-15-um562/techspec/
`https://www.asus.com/laptops/for-home/zenbook/zenbook-
`flip-ux561/techspec/
`https://www.asus.com/laptops/for-
`home/zenbook/zenbook-flip-15-ux562/techspec/
`
`
`
`21
`
`
`
`Case 1:23-cv-00122-UNA Document 1 Filed 02/01/23 Page 22 of 116 PageID #: 22
`
`Zenbook Flip 15
`(UX563)
`Zenbook Flip 15
`(UX564)
`Zenbook Pro 15 Flip
`(Q528)
`VivoBook Flip 12
`(TP202)
`VivoBook Flip 12
`(TP203)
`VivoBook Flip 14
`(TP401)
`VivoBook Flip 14
`(TP410)
`VivoBook Flip 14
`(TP412)
`VivoBook Flip 14
`(TM420)
`VivoBook Flip 14
`(TP470)
`VivoBook Flip 15
`(TP501)
`ExpertBook B3 Flip
`(B3402)
`ExpertBook B5 Flip
`(B5302)
`ExpertBook B7 Flip
`(B7402)
`NovaGo (TP370)
`
`https://www.asus.com/laptops/for-home/zenbook/zenbook-flip-15-
`ux563/techspec/
`https://www.asus.com/laptops/for-home/zenbook/zenbook-flip-15-
`ux564/techspec/
`https://www.asus.com/us/laptops/for-
`home/zenbook/q528eh/techspec/
`https://www.asus.com/us/laptops/for-home/vivobook/asus-vivobook-
`flip-12-tp202/techspec/
`https://www.asus.com/laptops/for-
`home/vivobook/vivobook-flip-12-tp203/techspec/
`https://www.asus.com/laptops/for-
`home/vivobook/vivobook-flip-14-tp401/techspec/
`https://www.asus.com/laptops/for-
`home/vivobook/vivobook-flip-14-tp410/techspec/
`https://www.asus.com/us/laptops/for-
`home/vivobook/asus-vivobook-flip-14-tp412/techspec/
`https://www.asus.com/us/laptops/for-
`home/vivobook/vivobook-flip-14-tm420/
`https://www.asus.com/us/laptops/for-
`home/vivobook/vivobook-flip-14-tp470/techspec/
`https://www.asus.com/laptops/for-home/vivobook/vivobook-
`flip-15-tp501/techspec/
`
`https://www.asus.com/laptops/for-
`work/expertbook/expertbook-b3-flip-b3402
`
`https://www.asus.com/laptops/for-
`work/expertbook/expertbook-b5-flip-b5302
`
`https://www.asus.com/laptops/for-
`work/expertbook/expertbook-b7-flip-b7402
`
`https://dlcdnets.asus.com/pub/ASUS/GamingNB/TP370QL/
`0409_E14198_TP370QL_V4_A.pdf?model=TP370QL
`
`BR1100F (11.6
`https://www.asus.com/us/laptops/for-students/all-series/asus-
`br1100f/
`inch)
`Q304UA (13.3 inch) https://dlcdnets.asus.com/pub/ASUS/nb/Q304UA/0409_E11
`208_Q304UA_A.pdf?model=q304ua
`Q325UA (13.3 inch) https://dlcdnets.asus.com/pub/ASUS/nb/UX370UA/0409_E1
`2160_UX370_C.pdf?model=q325ua
`
`
`
`22
`
`
`
`Case 1:23-cv-00122-UNA Document 1 Filed 02/01/23 Page 23 of 116 PageID #: 23
`
`Q504UA (15.6 inch) https://dlcdnets.asus.com/pub/ASUS/nb/UX560UA/0409_E1
`1237_UX560UA_Q504UA_A.pdf?model=q504ua
`Q505UA (15.6 inch) https://dlcdnets.asus.com/pub/ASUS/nb/UX561UAR/0409_
`E12529_UX561UA_UN_Q505_525_D.pdf?model=q505ua
`
`Q524 (15.6 inch)
`
`https://dlcdnets.asus.com/pub/ASUS/nb/UX560UA/0409_E1
`1237_UX560UA_Q504UA_A.pdf?model=q524uq
`
`Q525 (15.6 inch)
`
`Q526 (15.6 inch)
`
`Q536 (15.6 inch)
`
`Transformer Book
`Flip (TP200)
`Transformer Book
`Flip (TP500)
`Transformer Book
`Flip (TP550)
`ROG Flow X13
`(GV301)
`
`https://dlcdnets.asus.com/pub/ASUS/nb/UX560UA/0409_E1
`1237_UX560UA_Q504UA_A.pdf?model=q524uq
`
`https://dlcdnets.asus.com/pub/ASUS/nb/UX392FN/0409_E1
`4852_UX562FA_A.pdf?model=q526fa
`
`https://dlcdnets.asus.com/pub/ASUS/nb/UX562FD/0409_E1
`4205_UX562FD_FN_D.pdf?model=Q536FD
`
`https://www.asus.com/ca-en/site/2-in-1/asus-transformer-
`book-flip/
`
`https://www.asus.com/ca-en/site/2-in-1/asus-transformer-
`book-flip/
`
`https://www.asus.com/ca-en/site/2-in-1/asus-transformer-
`book-flip/
`
`https://rog.asus.com/us/laptops/rog-flow/2021-rog-flow-x13-
`series/
`
`
`
`63.
`
`As detailed below, each element of at least one claim of each of the Asserted
`
`Patents is literally present in the Accused Products, or is literally practiced by ASUS personnel,
`
`agents, customers or resellers who use the Accused Products. To the extent that any element is
`
`not literally present or practiced, each such element is present or practiced under the doctrine of
`
`equivalents.
`
`64.
`
`ASUS has made extensive use of LiTL’s patented technologies, including the
`
`technology described and claimed in the Asserted Patents. LiTL is committed to defending its
`
`proprietary and patented technology. LiTL requests that this Court award it damages sufficient
`
`to compensate for ASUS’s infringement of the Asserted Patents, find this case exceptional and
`
`
`
`23
`
`
`
`Case 1:23-cv-00122-UNA Document 1 Filed 02/01/23 Page 24 of 116 PageID #: 24
`
`award LiTL its attorneys’ fees and costs, and grant an injunction against ASUS to prevent
`
`ongoing infringement of the Asserted Patents.
`
`COUNT I
`
`(Infringement of U.S. Patent No. 8,289,688)
`
`65.
`
`LiTL incorporates by reference and realleges all the foregoing paragraphs of the
`
`Complaint as if fully set forth herein.
`
`ASGL’s Direct Infringement
`
`66.
`
`ASGL has directly infringed and continues to directly infringe, literally and/or
`
`equivalently, one or more claims of the ʼ688 patent, including at least claim 19, including by
`
`selling and offering for sale in the United States the Accused Products.
`
`67.
`
`The Accused Products (e.g., the Zenbook Flip 13 (UX363)) are portable
`
`computers that include a base unit comprising an integrated keyboard and a single display unit
`
`including a single display screen configured to display content. For example:
`
`
`
`68.
`
`The Accused Products (e.g., the Zenbook Flip 13 (UX363)) include an
`
`
`
`orientation sensor which detects a physical orientation of the single display unit relative to the
`
`
`
`24
`
`
`
`Case 1:23-cv-00122-UNA Document 1 Filed 02/01/23 Page 25 of 116 PageID #: 25
`
`base unit and a display orientation module which orients the content displayed on the single
`
`display screen responsive to the physical orientation detected by the orientation sensor between at
`
`least a first content display orientation and a second content display orientation, the second
`
`content di
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
