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