`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`MYPAQ HOLDINGS LTD.,
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`CIVIL ACTION NO. 6:21-CV-00933-ADA
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`Plaintiff,
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`v.
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`DELL TECHNOLOGIES INC. and
`DELL INC.,
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`JURY TRIAL DEMANDED
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`Defendants.
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`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. 15, Plaintiff MyPAQ Holdings Ltd. (“MyPAQ”) hereby serves its Preliminary Infringement
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`Contentions and disclosure of priority dates to Defendants Dell Technologies, Inc. and Dell Inc.
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`(together, “Dell”). MyPAQ expressly reserves all objections related to their use for any purpose and
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`does not waive any applicable privileges with respect to the information disclosed herein or document
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`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, EX1016, p. 1
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`
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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 1–7 and supporting materials produced herewith as MYPAQ-
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`DELL000001 to MYPAQ-DELL002056, which are fully incorporated by reference herein, identify,
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`based on publicly available information, and upon information and belief, where each element of the
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`Asserted Claims is found within the Accused Instrumentalities and/or the manufacturing processes
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`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, EX1016, p. 2
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`
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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 Dell 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
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`Claims
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`U.S. Patent 7,675,759
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`1, 2, 6, 11, 16
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`U.S. Patent 8,477,514
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`1, 2, 3, 5, 6, 7, 8, 10, 11, 12, 14, 15, 16, 17, 19, 20
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`Dell infringes the Asserted Claims of the Asserted Patents under 35 U.S.C. § 271(a) by making,
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`using, offering to sell, and/or selling in the United States and/or importing into the United States
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`power adapters that infringe one or more of the Asserted Patents. These devices (together, the
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`“Accused Instrumentalities”) include at least Dell’s LA90PM170 (the “LA90”). The claim charts
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`provided in Exhibits 1–7 detailing infringement by the LA90 also apply to and are exemplary of
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`infringement by all other Dell products that share similar circuitry and functionality.
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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 Dell 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 Dell infringes the Asserted Claims under 35 U.S.C. § 271(b) by
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`actively and knowingly inducing, directing, causing, and/or encouraging others, including, but not
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`limited to, their designers, manufacturers, suppliers, distributors, resellers, software developers,
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`customers, end users, subscribers, and repair providers, to infringe the Asserted Patents by making,
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`3
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`Anker, EX1016, p. 3
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`
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`using, selling, and/or offering to sell in the United States and/or importing into the United States, the
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`Accused Instrumentalities set forth above. MyPAQ contends that Dell actively and knowingly induces
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`infringement by others by, inter alia, providing the aforementioned direct infringers with (i) infringing
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`functionality and/or devices and/or (ii) manuals and guides, technical documentation, technical
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`support and assistance, advertisements and marketing.
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`Dell contributes to infringement of the Asserted Patents by providing the Accused
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`Instrumentalities within the United States, knowing that the Accused Instrumentalities practice the
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`claimed inventions, that they are especially made or adapted for use in infringing the Asserted Patents,
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`and that they are not staple articles or commodities of commerce capable of substantial non-infringing
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`use. Dell’s infringement is further detailed in the Complaint (Dkt. 1), which is hereby incorporated by
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`reference in its entirety.
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`MyPAQ reserves the right to supplement its position as to infringement following further
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`discovery and/or claim construction, including new information or knowledge regarding the structure,
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`function, operation, implementation, and/or 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. Dell’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 Dell.
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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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`4
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`Anker, EX1016, p. 4
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`
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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 Patents, including testimony at any hearing or trial of this matter.
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`The priority dates of the ’759 Patent are as follows:
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`•
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`•
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`•
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`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
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`No. 7,675,759.
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`The ’759 Patent is a continuation-in-part of application serial number
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`11/607,325, filed on December 1, 2006, which issued on March 9, 2010, as
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`U.S. Patent No. 7,675,758.
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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 ’514 Patent are as follows:
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`•
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`•
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`•
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`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
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`No. 8,477,514.
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`The ’514 Patent is a continuation of U.S. patent application serial number
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`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
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`number 11/710,276, filed on February 23, 2007, which issued on March 9,
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`2010, as U.S. Patent No. 7,675,759.
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`5
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`Anker, EX1016, p. 5
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`
`
`•
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`•
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`The ’759 Patent is a continuation-in-part of application serial number
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`11/607,325, filed on December 1, 2006, which issued on March 9, 2010, as
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`U.S. Patent No. 7,675,758.
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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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`certified file histories for the Asserted Patents. The accompanying production is subject to, and does
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`not waive any of, the objections and reservations set forth herein. The Bates number range for the
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`accompanying production is MYPAQ-DELL000001 to MYPAQ-DELL002056.
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`MyPAQ reserves its right to supplement this production to the extent discovery or its
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`investigations reveal additional documents.
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`Dated: November 29, 2021
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`Respectfully submitted,
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`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
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`6
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`Anker, EX1016, p. 6
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`
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`achan@shorechan.com
`mshore@shorechan.com
`sjoyner@shorechan.com
`hndai@shorechan.com
`
`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
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`COUNSEL FOR PLAINTIFF MYPAQ
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`7
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`Anker, EX1016, p. 7
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`
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`CERTIFICATE OF SERVICE
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`I hereby certify that on this 29th day of November 2021, a copy of the foregoing document
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`was served via e-mail to the following individuals at the following e-mail addresses:
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`Kevin J. Meek (Texas 13899600)
`Kevin.meek@bakerbotts.com
`Paula D. Heyman (Texas 24027075)
`Paula.heyman@bakerbotts.com
`Mark Speegle (Texas 24117198)
`Mark.speegle@bakerbotts.com
`BAKER BOTTS L.L.P.
`98 San Jacinto Boulevard, Suite 1500
`Austin, Texas 78701-4078
`Tel: (512) 322-2500
`Fax: (512) 322-2501
`
`/s/ Krisina J. Zuñiga
`SUSMAN GODFREY LLP
`Counsel for Plaintiff
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`8
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`Anker, EX1016, p. 8
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`