`Case 2:16-cv-00693-JRG-RSP Document 71-1 Filed 10/31/16 Page 1of 9 PagelD #: 1777
`
`EXHIBIT A
`EXHIBIT A
`
`
`
`Case 2:16-cv-00693-JRG-RSP Document 71-1 Filed 10/31/16 Page 2 of 9 PageID #: 1778
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`ALACRITECH, INC., A California
`corporation,
`
`
`
`Plaintiff,
`
`
`
`v.
`
`TIER 3, ET AL.,
`
`WISTRON CORPORATION ET AL.,
`
`DELL INC., A Delaware corporation,
`
`Defendants.
`
`
`
`and
`
`INTEL CORPORATION,
`
`
`
`Intervenor.
`
`
`
`
`
`2:16-cv-00693-JRG (LEAD CASE)
`
`2:16-cv-00692-JRG
`
`2:16-cv-00695-JRG
`
`JURY TRIAL DEMANDED
`
`
`INTEL CORPORATION’S COMPLAINT IN INTERVENTION
`
`Pursuant Federal Rule of Civil Procedure 24(c), Intervenor Intel Corporation (“Intel”)
`
`hereby alleges for its Complaint in Intervention as follows:
`
`PARTIES
`
`1.
`
`Intel seeks a declaratory judgment of non-infringement pursuant to the
`
`Declaratory Judgment Act, 28 U.S.C. §§ 2201(a) and 2202.
`
`2.
`
`Intel is a Delaware corporation with its worldwide headquarters in Santa Clara,
`
`California. Intel designs, manufactures, and sells networking products for use in computer
`
`systems.
`
`3.
`
`Upon information and belief, Plaintiff and Defendant in Intervention, Alacritech
`
`Inc., is a California corporation with its principal place of business in San Jose, California.
`1
`
`
`
`Case 2:16-cv-00693-JRG-RSP Document 71-1 Filed 10/31/16 Page 3 of 9 PageID #: 1779
`
`4.
`
`This action arises under the patent law of the United States, 35 U.S.C. §§ 101 et
`
`seq., and the Federal Declaratory Judgment Act, 28 U.S.C. §§ 2201 and 2202. This Court has
`
`subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331 and 1338(a).
`
`5.
`
`This Court has personal jurisdiction over Alacritech by virtue of, inter alia, its
`
`filing of the Complaint in this action.
`
`BACKGROUND AND INTEL’S INTEREST IN THIS LAWSUIT
`
`6.
`
`On June 30, 2016, Alacritech filed its Complaint in this action accusing Dell Inc.
`
`– an Intel customer – of making, using, selling, offering to sell and/or importing products that
`
`allegedly infringe United States Patent Nos. 7,124,205; 7,237,036; 7,337,241; 7,673,072;
`
`7,945,699; 8,131,880; 8,805,948; 9,055,104 (respectively, the 205 Patent, the 036 Patent, the 241
`
`Patent, the 072 Patent, the 699 Patent, the 880 Patent, the 948 Patent, and the 104 Patent;
`
`collectively, the “Asserted Patents”).
`
`7.
`
`Dell designs, manufactures, and sells certain computer systems that incorporate
`
`Intel networking products.
`
`8.
`
`Alacritech’s allegations under the Asserted Patents are directed against Dell’s
`
`products that incorporate Intel’s networking technology.
`
`9.
`
`Alacritech’s assertion that computer systems in which Intel products provide
`
`networking functionality infringe certain of its patents is tantamount to accusing Intel of
`
`infringement. For example, the Complaint alleges that Dell has infringed seven of the asserted
`
`patents based on its making, using, selling, offering for sale, and/or importing “the Intel Ethernet
`
`Network Daughter Card X520-DA2 /1350-T2,” among other products.” [Complaint (Dkt. 1),
`
`¶35 (emphasis added)]. Alacritech’s infringement allegations are also based in large part on
`
`Intel’s 82599 Ethernet Controller. The Intel 82599 Datasheet is cited extensively throughout
`
`2
`
`
`
`Case 2:16-cv-00693-JRG-RSP Document 71-1 Filed 10/31/16 Page 4 of 9 PageID #: 1780
`
`Alacritech’s Complaint. [Complaint (Dkt. 1), ¶35, 49, 62, 75, 101, 114, 127]. Thus, Intel has a
`
`direct and substantial interest in defending against and defeating Alacritech’s infringement
`
`claims.
`
`10.
`
`Intel has agreed to a request from Dell to defend and partially indemnify Dell in
`
`connection with Alacritech’s claims directed at Intel technology used in their products. As a
`
`result, Intel has a substantial financial interest in the outcome of this litigation.
`
`11.
`
`As a result of Alacritech’s infringement allegations against Dell products and
`
`Intel technology, Intel has an objectively reasonable apprehension that Alacritech will claim that
`
`Intel’s products directly or indirectly infringe one or more of the Asserted Patents. Therefore, an
`
`actual controversy exists between Intel and Alacritech. By intervening in this action, Intel seeks
`
`the Court’s assistance and declaration concerning these matters, which have been and are subject
`
`of disagreement among the parties.
`
`COUNT 1
`
`DECLARATORY JUDGMENT REGARDING U.S. PATENT NO. 7,124,205
`
`12.
`
`13.
`
`Intel incorporates by reference the allegations in paragraphs 1-12.
`
`A valid and justiciable controversy has arisen and exists between Intel and
`
`Alacritech regarding the 205 Patent.
`
`14.
`
`By making, using, selling, offering to sell, marketing, licensing or importing its
`
`products, Intel does not directly or indirectly infringe any claim of the 205 Patent.
`
`15.
`
`Dell does not directly or indirectly infringe any claim of the 205 Patent by
`
`making, using, selling, offering to sell, marketing, licensing or importing products that
`
`incorporate Intel networking technology.
`
`3
`
`
`
`Case 2:16-cv-00693-JRG-RSP Document 71-1 Filed 10/31/16 Page 5 of 9 PageID #: 1781
`
`16.
`
`A judicial declaration concerning these matters is necessary and appropriate at
`
`this time so that Intel can ascertain its rights and duties with respect to the parties and with regard
`
`to designing, developing, manufacturing, marketing, and selling its products.
`
`COUNT II
`
`DECLARATORY JUDGMENT REGARDING U.S. PATENT NO. 7,237,036
`
`17.
`
`18.
`
`Intel incorporates by reference the allegations in paragraphs 1-18.
`
`A valid and justiciable controversy has arisen and exists between Intel and
`
`Alacritech regarding the 036 Patent.
`
`19.
`
`By making, using, selling, offering to sell, marketing, licensing or importing its
`
`products, Intel does not directly or indirectly infringe any claim of the 036 Patent.
`
`20.
`
`Dell does not directly or indirectly infringe any claim of the 036 Patent by
`
`making, using, selling, offering to sell, marketing, licensing or importing products that
`
`incorporate Intel networking technology.
`
`21.
`
`A judicial declaration concerning these matters is necessary and appropriate at
`
`this time so that Intel can ascertain its rights and duties with respect to the parties and with regard
`
`to designing, developing, manufacturing, marketing, and selling its products.
`
`COUNT III
`
`DECLARATORY JUDGMENT REGARDING U.S. PATENT NO. 7,337,241
`
`22.
`
`23.
`
`Intel incorporates by reference the allegations in paragraphs 1-24.
`
`A valid and justiciable controversy has arisen and exists between Intel and
`
`Alacritech regarding the 241 Patent.
`
`24.
`
`By making, using, selling, offering to sell, marketing, licensing or importing its
`
`products, Intel does not directly or indirectly infringe any claim of the 241 Patent.
`
`4
`
`
`
`Case 2:16-cv-00693-JRG-RSP Document 71-1 Filed 10/31/16 Page 6 of 9 PageID #: 1782
`
`25.
`
`Dell does not directly or indirectly infringe any claim of the 241 Patent by
`
`making, using, selling, offering to sell, marketing, licensing or importing products that
`
`incorporate Intel networking technology.
`
`26.
`
`A judicial declaration concerning these matters is necessary and appropriate at
`
`this time so that Intel can ascertain its rights and duties with respect to the parties and with regard
`
`to designing, developing, manufacturing, marketing, and selling its products.
`
`COUNT IV
`
`DECLARATORY JUDGMENT REGARDING U.S. PATENT NO. 7,673,072
`
`27.
`
`28.
`
`Intel incorporates by reference the allegations in paragraphs 1-30.
`
`A valid and justiciable controversy has arisen and exists between Intel and
`
`Alacritech regarding the 072 Patent.
`
`29.
`
`By making, using, selling, offering to sell, marketing, licensing or importing its
`
`products, Intel does not directly or indirectly infringe any claim of the 072 Patent.
`
`30.
`
`Dell does not directly or indirectly infringe any claim of the 072 Patent by
`
`making, using, selling, offering to sell, marketing, licensing or importing products that
`
`incorporate Intel networking technology.
`
`31.
`
`A judicial declaration concerning these matters is necessary and appropriate at
`
`this time so that Intel can ascertain its rights and duties with respect to the parties and with regard
`
`to designing, developing, manufacturing, marketing, and selling its products.
`
`COUNT VI
`
`DECLARATORY JUDGMENT REGARDING U.S. PATENT NO. 8,131,880
`
`32.
`
`Intel incorporates by reference the allegations in paragraphs 1-42.
`
`5
`
`
`
`Case 2:16-cv-00693-JRG-RSP Document 71-1 Filed 10/31/16 Page 7 of 9 PageID #: 1783
`
`33.
`
`A valid and justiciable controversy has arisen and exists between Intel and
`
`Alacritech regarding the 880 Patent.
`
`34.
`
`By making, using, selling, offering to sell, marketing, licensing or importing its
`
`products, Intel does not directly or indirectly infringe any claim of the 880 Patent.
`
`35.
`
`Dell does not directly or indirectly infringe any claim of the 880 Patent by
`
`making, using, selling, offering to sell, marketing, licensing or importing products that
`
`incorporate Intel networking technology.
`
`36.
`
`A judicial declaration concerning these matters is necessary and appropriate at
`
`this time so that Intel can ascertain its rights and duties with respect to the parties and with regard
`
`to designing, developing, manufacturing, marketing, and selling its products.
`
`COUNT VII
`
`DECLARATORY JUDGMENT REGARDING U.S. PATENT NO. 8,805,948
`
`37.
`
`38.
`
` Intel incorporates by reference the allegations in paragraphs 1-48.
`
`A valid and justiciable controversy has arisen and exists between Intel and
`
`Alacritech regarding the 948 Patent.
`
`39.
`
`By making, using, selling, offering to sell, marketing, licensing or importing its
`
`products, Intel does not directly or indirectly infringe any claim of the 948 Patent.
`
`40.
`
`Dell does not directly or indirectly infringe any claim of the 948 Patent by
`
`making, using, selling, offering to sell, marketing, licensing or importing products that
`
`incorporate Intel networking technology.
`
`41.
`
`A judicial declaration concerning these matters is necessary and appropriate at
`
`this time so that Intel can ascertain its rights and duties with respect to the parties and with regard
`
`to designing, developing, manufacturing, marketing, and selling its products.
`
`6
`
`
`
`Case 2:16-cv-00693-JRG-RSP Document 71-1 Filed 10/31/16 Page 8 of 9 PageID #: 1784
`
`COUNT VIII
`
`DECLARATORY JUDGMENT REGARDING U.S. PATENT NO. 9,055,104
`
`42.
`
`43.
`
`Intel incorporates by reference the allegation in paragraphs 1-54.
`
`A valid and justiciable controversy has arisen and exists between Intel and
`
`Alacritech regarding the 104 Patent.
`
`44.
`
`By making, using, selling, offering to sell, marketing, licensing or importing its
`
`products, Intel does not directly or indirectly infringe any claim of the 104 Patent.
`
`45.
`
`Dell does not directly or indirectly infringe any claim of the 104 Patent by
`
`making, using, selling, offering to sell, marketing, licensing or importing products that
`
`incorporate Intel networking technology.
`
`46.
`
`A judicial declaration concerning these matters is necessary and appropriate at
`
`this time so that Intel can ascertain its rights and duties with respect to the parties and with regard
`
`to designing, developing, manufacturing, marketing, and selling its products.
`
`REQUEST FOR RELIEF
`
`Therefore, Intel requests judgment as follows:
`
`1.
`
`For a declaration that neither Intel nor any of its products infringe (directly,
`
`indirectly, literally and/or under the doctrine of equivalents) any claim of the Asserted Patents;
`
`2.
`
`For a declaration that no claim of the Asserted Patents is infringed (directly,
`
`indirectly, literally and/or under the doctrine of equivalents) by Dell or any other Intel customer,
`
`by virtue of incorporating any Intel product into any such customer’s products;
`
`3.
`
`For a determination that this case is exceptional under 35 U.S.C. § 285 and an
`
`award to Intel of its attorneys’ fees, costs, and expenses in connection with this action; and
`
`4.
`
`Such other further equitable or legal relief as the Court deems just and proper.
`
`7
`
`
`
`Case 2:16-cv-00693-JRG-RSP Document 71-1 Filed 10/31/16 Page 9 of 9 PageID #: 1785
`
`DEMAND FOR JURY TRIAL
`
`Intel hereby demands a jury trial as to all issues triable to a jury.
`
`
`
`Dated: October 31, 2016
`
`Respectfully submitted,
`
`
`
`
`
`
`
`/s/ Garland T. Stephens
`
`Garland T. Stephens, Lead Attorney (24053910)
`WEIL, GOTSHAL & MANGES LLP
`700 Louisiana, Suite 1700
`Houston, TX 77002
`Telephone: (713) 546-5000
`Facsimile: (713) 224-9511
`garland.stephens@weil.com
`
`Counsel for Intervening Party
`INTEL CORPORATION
`
`8
`
`