IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`MYPAQ HOLDINGS LTD.,
`
`CIVIL ACTION NO. 6:21-CV-398-ADA
`
`Plaintiff,
`
`v.
`
`SAMSUNG ELECTRONICS CO., LTD.,
`SAMSUNG ELECTRONICS AMERICA,
`INC., SAMSUNG SEMICONDUCTOR,
`INC., and SAMSUNG AUSTIN
`SEMICONDUCTOR, LLC,
`
`Defendants.
`
`JURY TRIAL DEMANDED
`
`PLAINTIFF’S PRELIMINARY INFRINGEMENT CONTENTIONS
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`Pursuant to the Court’s Standing Order Governing Proceedings—Patent Cases (the “Order”),
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`Dkt. 27, Plaintiff MyPAQ Holdings Ltd. (“MyPAQ”) hereby serves its Preliminary Infringement
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`Contentions and disclosure of priority dates to Defendants Samsung Electronics Co., Ltd., Samsung
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`Electronics America, Inc., Samsung Semiconductor, Inc. and Samsung Austin Semiconductor, LLC
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`(collectively, “Samsung”). MyPAQ expressly reserves all objections related to their use for any purpose
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`and does not waive any applicable privileges with respect to the information disclosed herein or
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`document productions made pursuant to the Order.
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`MyPAQ makes this disclosure to the best of its present ability and without the benefit of fact
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`discovery. MyPAQ’s investigation is ongoing, and this disclosure is based on information reasonably
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`available to MyPAQ as of this date. MyPAQ reserves the right to supplement or amend these
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`disclosures, its contentions in this case, and its document production pursuant to these disclosures
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`including to the full extent allowed by the Federal Rules of Civil Procedure, Local Rules, and this
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`Court’s orders. By making these disclosures, MyPAQ does not waive any applicable privilege, work
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`product, or other protection, and reserves the right to object to the production or admissibility of any
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`information provided herein.
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`Anker, EX1013, p. 1
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`

`

`I.
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`PRELIMINARY INFRINGEMENT CONTENTIONS
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`The preliminary infringement contentions set forth herein, including without limitation the
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`claim charts attached hereto as Exhibits 1–21 and supporting materials produced herewith as
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`MYPAQ-SAMSUNG000001 to MYPAQ-SAMSUNG001514, which are fully incorporated by
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`reference herein, identify, based on publicly available information, and upon information and belief,
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`where each element of the Asserted Claims is found within the Accused Instrumentalities and/or the
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`manufacturing processes thereof.
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`The documents, identification of Accused Instrumentalities, and other evidence cited in these
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`charts are exemplary and not intended to be exhaustive. MyPAQ’s identifications in these preliminary
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`contentions, including, without limitation, its identifications of exemplary Accused Instrumentalities,
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`the infringing features in the exemplary Accused Instrumentalities, and/or manufacturing processes
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`used in the manufacture of the exemplary Accused Instrumentalities, the locations of the foregoing in
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`the exemplary Accused Instrumentalities, and/or the theories of infringement, are based upon
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`information known to MyPAQ at the time of these preliminary infringement contentions. MyPAQ
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`reserves the right to supplement and/or amend these preliminary infringement contentions based on
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`information not known to MyPAQ at the time of service of its preliminary infringement contentions
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`and/or that is otherwise later discovered by MyPAQ after service of its preliminary infringement
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`contentions, including, without limitation, supplementation and/or amendment of MyPAQ’s
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`contentions to identify, refine, modify, amend, and/or supplement the identified Accused
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`Instrumentalities, locations of the infringing features in the Accused Instrumentalities or their
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`manufacturing process, and/or theories of infringement provided herein.
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`MyPAQ further reserves the right to rely on additional evidence throughout subsequent
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`proceedings in this case, whether or not such information is available to MyPAQ as of the date of this
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`disclosure or is consistent with the documents and evidence cited in MyPAQ’s preliminary
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`2
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`Anker, EX1013, p. 2
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`

`

`infringement contentions. These preliminary infringement contentions shall not limit MyPAQ’s right
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`to assert any position it deems appropriate at any later date as to infringement, validity, claim
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`construction, or any other issue in this litigation. Nor shall they be deemed an admission or contention
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`as to the scope or interpretation of any claim term.
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`MyPAQ contends that Samsung infringes the following claims (the “Asserted Claims”) of the
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`following U.S. Patents (the “Asserted Patents”):
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`Patent
`
`Claims
`
`U.S. Patent 7,403,399
`
`1, 2, 4, 5, 6, 10, 13
`
`U.S. Patent 7,675,759
`
`1, 2, 3, 6, 11, 12, 13, 16, 19
`
`U.S. Patent 7,978,489
`
`U.S. Patent 8,477,514
`
`1, 4, 5, 6, 7, 8, 9, 11, 12, 22, 25, 26, 27, 28, 29, 30, 32,
`33, 39, 42, 43, 46, 47, 48, 49, 50, 51, 53, 54, 60, 63
`1, 2, 3, 5, 6, 7, 8, 10, 11, 12, 15, 16, 17, 20
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`Samsung infringes the Asserted Claims of the Asserted Patents under 35 U.S.C. § 271(a) by
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`making, using, offering to sell, and/or selling in the United States and/or importing into the United
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`States power adapters that implement circuitry and/or power blade connectors that infringe one or
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`more of the Asserted Patents. These devices include at least the following power adapters and
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`semiconductor products (collectively, the “Accused Instrumentalities”):
`
`•
`
`•
`
`•
`
`•
`
`Samsung EP-TA800XBEGUS (the “TA800”),
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`Samsung EP-TA845XBEGUS (the “TA845”),
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`Samsung EP-TA865 (the “TA865”), and
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`Samsung Power IC S2MM101 (the “S2MM101”).
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`The claim charts provided in Exhibits 1–21 detailing infringement by the TA800 and the
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`TA845 also apply to and are exemplary of infringement by the TA865 and all other Samsung products
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`that share similar circuitry and functionality.
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`3
`
`Anker, EX1013, p. 3
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`

`

`The Accused Instrumentalities infringe the Asserted Claims either literally and/or under the
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`doctrine of equivalents. MyPAQ further contends that Samsung infringes the Asserted Patents by
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`(i) practicing the asserted method claims of the Asserted Patents in the United States, and/or
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`(ii) making, using, offering to sell, and/or selling in the United States and/or importing into the United
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`States the Accused Instrumentalities set forth above.
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`MyPAQ further contends that Samsung infringes the Asserted Claims under 35 U.S.C.
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`§ 271(b) by actively and knowingly inducing, directing, causing, and/or encouraging others, including,
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`but not limited to, their designers, manufacturers, suppliers, distributors, resellers, software
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`developers, customers, end users, subscribers, and repair providers, to infringe the Asserted Patents
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`by making, using, selling, and/or offering to sell in the United States and/or importing into the United
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`States, the Accused Instrumentalities set forth above. MyPAQ contends that Samsung actively and
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`knowingly induces infringement by others by, inter alia, providing the aforementioned direct infringers
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`with (i) infringing functionality and/or devices and/or (ii) manuals and guides, technical
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`documentation, technical support and assistance, advertisements and marketing. MyPAQ reserves the
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`right to supplement its position as to infringement following further discovery and/or claim
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`construction, including new information or knowledge regarding the structure, function, operation,
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`implementation, and process of manufacturing the Accused Instrumentalities.
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`These contentions are preliminary and are based on MyPAQ’s research and investigation to
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`date and materials in the public domain. Discovery has not yet commenced. Samsung’s preliminary
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`invalidity contentions have not yet been served. Claim construction proceedings have not yet
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`commenced. MyPAQ reserves the right to supplement or amend these contentions in light of
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`discovery, invalidity contentions, alleged prior art, claim construction, and/or any other additional
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`information provided by Samsung.
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`4
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`Anker, EX1013, p. 4
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`

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`II.
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`DISCLOSURE OF PRIORITY DATES, DATES OF CONCEPTION, AND
`REDUCTION TO PRACTICE
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`MyPAQ provides the following disclosure regarding the priority dates and dates of
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`conception/reduction to practice for the Asserted Claims of the Asserted Patents. MyPAQ reserves
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`the right to amend this disclosure should new information and knowledge regarding the conception,
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`reduction to practice and/or priority dates of the Asserted Claims of the Asserted Patents come to
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`light during discovery. MyPAQ further intends to rely on testimony by the inventors, experts, and
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`other witnesses deposed in this matter concerning conception, diligence, and reduction to practice of
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`the Asserted Claims of the Asserted Patent, including testimony at any hearing or trial of this matter.
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`The priority dates of the ’399 Patent are as follows:
`
`•
`
`•
`
`•
`
`The ’399 Patent was assigned U.S. patent application serial number 11/394,734
`
`upon filing on March 30, 2006, and issued on July 22, 2008, as U.S. Patent
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`No. 7,403,399.
`
`The ’399 Patent claims priority from German patent application DE 10 2005
`
`014 746, filed March 31, 2005.
`
`Based on information currently available to MyPAQ, the earliest priority date
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`claimed by MyPAQ for the ’399 Patent is at least March 31, 2005.
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`The priority dates of the ’759 Patent are as follows:
`
`•
`
`•
`
`The ’759 Patent was assigned U.S. patent application serial number 11/710,276
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`upon filing on February 23, 2007, and issued on March 9, 2010, as U.S. Patent
`
`No. 7,675,759.
`
`The ’759 Patent is a continuation-in-part of application serial number
`
`11/607,325, filed on December 1, 2006, which issued on March 9, 2010, as
`
`U.S. Patent No. 7,675,758.
`
`5
`
`Anker, EX1013, p. 5
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`

`

`•
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`Based on information currently available to MyPAQ, the earliest priority date
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`claimed by MyPAQ for the ’759 Patent is at least December 1, 2006.
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`The priority dates of the ’489 Patent are as follows:
`
`•
`
`•
`
`•
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`The ’489 Patent was assigned U.S. patent application serial number 12/221,567
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`upon filing on August 4, 2008, and issued on July 12, 2011, as U.S. Patent
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`No. 7,978,489.
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`The ’489 Patent claims the benefit of provisional application serial number
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`60/963,477, filed on August 3, 2007.
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`Based on information currently available to MyPAQ, the earliest priority date
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`claimed by MyPAQ for the ’489 Patent is at least August 3, 2007.
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`The priority dates of the ’514 Patent are as follows:
`
`•
`
`•
`
`•
`
`•
`
`The ’514 Patent was assigned U.S. patent application serial number 12/709,795
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`upon filing on February 22, 2010, and issued on July 2, 2013, as U.S. Patent
`
`No. 8,477,514.
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`The ’514 Patent is a continuation of U.S. patent application serial number
`
`12/051,334, filed on March 19, 2008, which issued on February 23, 2010, as
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`US Patent No. 7,667,986.
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`The ’334 application is a continuation-in-part of U.S. patent application serial
`
`number 11/710,276 upon filing on February 23, 2007, which issued on March
`
`9, 2010, as U.S. Patent No. 7,675,759.
`
`The ’759 Patent is a continuation-in-part of application serial number
`
`11/607,325, filed on December 1, 2006, which issued on March 9, 2010, as
`
`U.S. Patent No. 7,675,758.
`
`6
`
`Anker, EX1013, p. 6
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`

`

`•
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`Based on information currently available to MyPAQ, the earliest priority date
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`claimed by MyPAQ for the ’514 Patent is at least December 1, 2006.
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`These disclosures include an accompanying document production that includes copies of the
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`file histories for the Asserted Patents. The accompanying production is subject to, and does not waive
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`any of, the objections and reservations set forth herein. The Bates number range for the accompanying
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`production is MYPAQ-SAMSUNG000001 to MYPAQ-SAMSUNG001514.
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`MyPAQ reserves its right to supplement this production to the extent discovery or its
`
`investigations reveal additional documents.
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`Dated: November 3, 2021
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`Respectfully submitted,
`
`By: /s/ Krisina J. Zuñiga
`Charles Ainsworth
`State Bar No. 00783521
`Robert Christopher Bunt
`State Bar No. 00787165
`PARKER, BUNT & AINSWORTH, P.C.
`100 E. Ferguson, Suite 418
`Tyler, Texas 75702
`Tel: (903) 531-3535
`charley@pbatyler.com
`rcbunt@pbatyler.com
`
`Alfonso G. Chan (Texas 24012408)
`Michael W. Shore (Texas 18294915)
`Samuel E. Joyner (Texas 24036865)
`Halima Shukri Ndai (Texas 24105486)
`SHORE CHAN LLP
`901 Main Street, Suite 3300
`Dallas, Texas 75202
`Tel: (214) 593-9110
`Fax: (214) 593-9111
`achan@shorechan.com
`mshore@shorechan.com
`sjoyner@shorechan.com
`hndai@shorechan.com
`
`7
`
`Anker, EX1013, p. 7
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`

`

`Brian D. Melton (Texas 24010620)
`Krisina J. Zuñiga (Texas 24098664)
`SUSMAN GODFREY LLP
`1000 Louisiana Street, Suite 5100
`Houston, Texas 77002
`Tel: (713) 651-9366
`Fax: (713) 654-6666
`bmelton@susmangodfrey.com
`kzuniga@susmangodfrey.com
`
`Steven M. Shepard (New York 5291232)
`SUSMAN GODFREY LLP
`1301 Avenue of the Americas, 32nd Floor
`New York, New York 10019
`Tel: (212) 336-8330
`Fax: (212) 336-8340
`sshepard@susmangodfrey.com
`
`COUNSEL FOR PLAINTIFF MYPAQ
`
`8
`
`Anker, EX1013, p. 8
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`

`

`CERTIFICATE OF SERVICE
`
`I hereby certify that on this 3rd day of November 2021, a copy of the foregoing document
`
`was served via e-mail to the following individuals at the following e-mail addresses:
`
`Neil P. Sirota
`Robert L. Maier
`Frank Zhu
`BAKER BOTTS LLP
`30 Rockefeller Plaza
`New York, NY 10112
`Tel: 212-408-2500
`Fax: 212-408-2501
`neil.sirota@bakerbotts.com
`robert.maier@bakerbotts.com
`frank.zhu@bakerbotts.com
`
`Brett Thompsen
`Syed Fareed
`BAKER BOTTS LLP
`98 Jacinto Blvd
`Suite 1500
`Austin, TX 78701
`Tel: 512-322-2500
`Fax: 512-322-2501
`Brett.thompsen@bakerbotts.com
`syed.fareed@bakerbotts.com
`
`COUNSEL FOR DEFENDANTS
`
`Melissa Smith
`GILLIAM & SMITH LLP
`303 S Washington Ave
`Marshall, TX 75670
`Tel: 903-934-8450
`Fax: 903-934-9257
`melissa@gilliamsmithlaw.com
`
`/s/ Krisina J. Zuñiga
`SUSMAN GODFREY LLP
`Counsel for Plaintiff
`
`9
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`Anker, EX1013, p. 9
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`