IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
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`MYPAQ HOLDINGS LTD.,
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`CIVIL ACTION NO. 6:22-CV-150-ADA
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`Plaintiff,
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`v.
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`ANKER INNOVATIONS LTD.,
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`JURY TRIAL DEMANDED
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`Defendant.
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`PLAINTIFF’S PRELIMINARY INFRINGEMENT CONTENTIONS
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`Pursuant to the Court’s Standing Order Governing Proceedings (OGP) 4.1—Patent Cases
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`(the “OGP”), Dkt. 11, Plaintiff MyPAQ Holdings Ltd. (“MyPAQ”) hereby serves its Preliminary
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`Infringement Contentions and disclosure of priority dates to Defendant Anker Innovations, Ltd.
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`(“Anker”). MyPAQ expressly reserves all objections related to their use for any purpose and does not
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`waive any applicable privileges with respect to the information disclosed herein or document
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`productions made pursuant to the OGP.
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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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`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, which are
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`Anker, EX1019, p. 001
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`fully incorporated by reference herein, identify, based on publicly available information, and upon
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`information and belief, where each element of the Asserted Claims is found within the Accused
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`Instrumentalities and/or the 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, including any
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`alternative theories of infringement, are based upon information known to MyPAQ at the time of
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`these preliminary infringement contentions.
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`MyPAQ reserves the right to supplement and/or amend these preliminary infringement
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`contentions based on information not known to MyPAQ at the time of service of its preliminary
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`infringement contentions and/or that is otherwise later discovered by MyPAQ after service of its
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`preliminary
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`infringement contentions,
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`including, without
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`limitation,
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`rulings,
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`findings or
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`determinations of any kind by the Court or any tribunal or agency on claim construction, infringement
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`or validity, discovery or disclosures from the Parties or Third Parties, supplementation and/or
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`amendment of MyPAQ’s contentions to identify, refine, modify, amend, and/or supplement the
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`identified Accused Instrumentalities,
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`locations of the
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`infringing features
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`in the Accused
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`Instrumentalities or their 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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`infringement contentions. These preliminary infringement contentions shall not limit MyPAQ’s right
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`2
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`Anker, EX1019, p. 002
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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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`
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`MyPAQ contends that Anker 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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`Anker 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 infringe one or more of the Asserted Patents. These devices (together, the
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`“Accused Instrumentalities”) include at least the Anker A2712 PowerPort III 65W Pod (“A2712”).
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`The claim charts provided in Exhibits 1–7 detailing infringement by the A2712 also apply to and are
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`exemplary of infringement by all other Anker products that share similar circuitry and functionality,
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`including, but not limited to, other Anker power adapters and converters compatible with USB Type-
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`C plugs.
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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 Anker 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 Anker infringes the Asserted Claims under 35 U.S.C. § 271(b)
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`by 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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`3
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`Anker, EX1019, p. 003
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`customers, end users, subscribers, and repair providers, to infringe the Asserted Patents by making,
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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 Anker actively and knowingly
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`induces infringement by others by, inter alia, providing the aforementioned direct infringers with (i)
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`infringing functionality and/or devices and/or (ii) manuals and guides, technical documentation,
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`technical support and assistance, advertisements, and marketing.
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`Anker 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. Anker’s infringement is further detailed in Plaintiff’s Original Complaint for Patent Infringement
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`and Jury Demand (Dkt. 1), which is hereby incorporated by 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 date and
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`materials in the public domain. MyPAQ reserves the right to supplement or amend these contentions
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`in light of discovery, invalidity contentions, alleged prior art, claim construction, and/or any other
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`additional information provided by Anker.
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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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`4
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`Anker, EX1019, p. 004
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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, EX1019, p. 005
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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.
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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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`6
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`Anker, EX1019, p. 006
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`Dated: May 30, 2022
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`Respectfully submitted,
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`By: /s/ Scott T. Glass
`Charles Ainsworth (Texas 00783521)
`Robert Christopher Bunt (Texas 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)
`Halima Shukri Ndai (Texas 24105486)
`Mu Lin Hsu (Texas 24106118)
`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
`hndai@shorechan.com
`chsu@shorechan.com
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`Brian D. Melton (Texas 24010620)
`Krisina J. Zuñiga (Texas 24098664)
`Scott T. Glass (Texas 24121287)
`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
`sglass@susmangodfrey.com
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`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 HOLDINGS LTD.
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`
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`7
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`Anker, EX1019, p. 007
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`CERTIFICATE OF SERVICE
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`I hereby certify that on May 30, 2022, a copy of the foregoing document was served via e-mail
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`to the following individuals at the following e-mail addresses:
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`David M. Hoffman (Texas 24046084)
`FISH & RICHARDSON P.C.
`111 Congress Avenue, Suite 810
`Austin, TX 78701
`Tel: (512) 472-5070
`Fax: (512) 320-8935
`hoffman@fr.com
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`Warren K. Mabey, Jr. (pending pro hac vice)
`FISH & RICHARDSON P.C.
`222 Delaware Avenue, 17th Floor
`Wilmington, DE 19899
`Tel.: (302) 652-5070
`Fax: (302) 652-0607
`mabey@fr.com
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`Linhong Zhang (pending pro hac vice)
`FISH & RICHARDSON P.C.
`1000 Maine Ave SW
`Washington, DC 20024
`Tel.: (202) 783-5070
`Fax: (302) 652-0607
`lwzhang@fr.com
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`Oliver J. Richards (admitted in WDTX)
`FISH & RICHARDSON P.C.
`12860 El Camino Real, Suite 400
`San Diego, CA 92130
`Tel: (858) 678-4715
`Fax: (858) 678-5099
`orichards@fr.com
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`8
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`/s/ Scott T. Glass
`SUSMAN GODFREY LLP
`Counsel for Plaintiff
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`Anker, EX1019, p. 008
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