BiTMICRO LLC v. Intel Corp. – Civil Action No. 6:22-cv-00335-ADA
`Plaintiff’s Preliminary Disclosure of Asserted Claims and Infringement Contentions
`Appendix G – U.S. Patent No. 6,496,939 (“the ’939 Patent”)
`
`BiTMICRO LLC (“Plaintiff” or “BiTMICRO”) hereby provides preliminary infringement contentions in support of its claim that Intel
`Corporation (“Defendant” or “Intel”) infringes the ’939 Patent. Plaintiff currently contends that Defendant infringes the following
`claims (“Asserted Claims”) of the ’939 Patent:
`
`Claims 1, 2, 3, 6, 10, 11, 12, 15.
`
`Defendant directly infringes (or has directly infringed) the Asserted Claims of the ’939 Patent under 35 U.S.C. § 271(a) by making,
`using, selling, offering for sale, and/or importing into the United States RAID Controllers, which include modules and adapters, along
`with RAID Maintenance Free Backup Units (RMFBU), including Intel’s Raid Controller RMSP3AD160F and the RMFBU
`AXXRMFBU and all reasonably similar products (“the ’939 Accused Instrumentalities”).
`
`References to instrumentalities in this chart are exemplary only and should not be construed as limiting the scope of any claim of the
`’939 Patent. The Intel ’939 Accused Instrumentalities satisfy each element of each Asserted Claim below literally. In addition,
`depending on the Court’s claim construction, and to the extent any of the elements of the Asserted Claims may later be determined not
`to be literally present, the doctrine of equivalents may also apply.
`
`Because details of the structure and operation of the ’939 Accused Instrumentalities are not readily available for public inspection, and
`also because public documentation provides only a high level of abstraction aimed at customers, these contentions are intended to
`provide notice to Defendant regarding the subject matter to be explored in discovery. Details concerning the structure and manner of
`operation of the ’939 Accused Instrumentalities are expected to be found in internal Intel documentation.
`
`Plaintiff’s contentions regarding infringement of specific claims will depend on the claim construction ultimately adopted by the
`Court. Because said construction has not yet occurred, Plaintiff’s contentions herein are preliminary, and subject to change based
`upon the Court’s construction. In addition, Plaintiff’s investigation and analysis of the ’939 Accused Instrumentalities are based upon
`information made publicly available by Defendant and the Plaintiff’s own investigations. Plaintiff reserves the right to amend these
`contentions based upon discovery of additional information from Defendant or third parties regarding the operation of the ’939
`Accused Instrumentalities, or upon discovery of additional products or technologies of Defendant that infringe the ’939 Patent.
`
`All bolded italics and/or highlighting are emphasis added unless noted otherwise.
`
`1
`
`Petitioner Intel Corp., Ex. 1010
`IPR2023-00783
`
`

`

`
`
`
`
`Claim 1
`
`1[Pre]
`A method for controlling
`data in a computer system
`when the computer system
`loses power, the computer
`system comprising a
`computing engine,
`comprising the steps of:
`
`Exemplary Infringement by Intel RAID Modules with RMFBU
`Intel makes, uses, sells, offers for sale, and imports into the United States RAID Controllers, which
`include modules and adapters, along with RAID Maintenance Free Backup Units (RMFBU). Intel’s
`RAID Controllers offer RAID levels 0/1/10/5/50/6/60, with maintenance-free cache backup and disk
`encryption options. All products are available in a standard PCIe add-in and a module form factors.
`These controllers are designed and intended to be paired with RAID Maintenance Free Backup Units
`(RMFBU) and reasonably similar Smart Battery products to provide and perform the claimed features.
`See e.g., https://www.intel.com/content/www/us/en/products/details/servers/raid/raid-controllers.html;
`https://www.intel.com/content/www/us/en/support/articles/000007764/server-products/sasraid.html.
`
`
`See e.g., Intel Tri-mode Intel Storage Controllers supporting PCIe NVMe: Product Brief, at 1.
`
`
`
`
`
`2
`
`Petitioner Intel Corp., Ex. 1010
`IPR2023-00783
`
`

`

`
`
`
`
`Claim 1
`
`Exemplary Infringement by Intel RAID Modules with RMFBU
`
`
`See e.g., Intel RAID Modules, Hardware User Guide (Rev. 1.4, September 2020), at 42.
`
`The RAID Controllers/RMFBU comprise the claimed computer system and include the RAID
`Controller, which comprises the computing engine. The Controller further includes at least one RAID
`RAM (volatile memory) and at least one SSD cache (non-volatile memory).
`
`
`3
`
`
`
`Petitioner Intel Corp., Ex. 1010
`IPR2023-00783
`
`

`

`
`
`
`
`Claim 1
`
`Exemplary Infringement by Intel RAID Modules with RMFBU
`See e.g., Intel Tri-mode Intel Storage Controllers supporting PCIe NVMe: Product Brief, at 2.
`
`
`
`See e.g., Intel Tri-mode Intel Storage Controllers supporting PCIe NVMe: Product Brief, at 3.
`
`The RAID Controllers/RMFBU include and perform the claimed computer-implemented method for
`controlling data in a computer system, with the aforementioned components playing a role therein.
`
`The claimed method of the RAID Controllers/RMFBU includes activating a plurality of super
`capacitors to supply power to the computing engine based upon power being removed from the
`computer system.
`
`For example, the RMFBU includes a plurality of super capacitors to supply power to the computing
`engine, including but not limited to based upon power being removed from the computer system.
`
`
`1[a]
`(a) activating a plurality of
`super capacitors to supply
`power to the computing
`engine based upon power
`being removed from the
`computer system;
`
`See e.g., Intel RAID Modules, Hardware User Guide, at 41.
`
`
`4
`
`
`
`Petitioner Intel Corp., Ex. 1010
`IPR2023-00783
`
`

`

`
`
`
`
`Claim 1
`
`Exemplary Infringement by Intel RAID Modules with RMFBU
`
`See e.g., Intel RAID Modules, Hardware User Guide, at 42.
`
`As Intel explains in its documentation, the RMFBU monitors the voltage level of the DRAM of the
`Intel RAID controller module. During normal system operation, power is supplied from the external
`source (AC) power. However, if the voltage drops below a predefined level due to a power failure or
`brief power outage, the RAID Controller/RMFBU activates the plurality of super capacitors in the
`RMFBU to supply power to the computing engine, which protects the integrity of the cached data.
`
`
`
`
`See e.g., Intel RAID Modules, Hardware User Guide, at 38.
`
`
`
`
`5
`
`Petitioner Intel Corp., Ex. 1010
`IPR2023-00783
`
`

`

`
`
`
`
`Claim 1
`
`Exemplary Infringement by Intel RAID Modules with RMFBU
`
`See e.g., Intel RAID Modules, Hardware User Guide, at 38.
`
`
`See e.g., Intel RAID Modules, Hardware User Guide, at 38.
`
`
`
`
`
`
`6
`
`Petitioner Intel Corp., Ex. 1010
`IPR2023-00783
`
`

`

`
`
`
`
`Claim 1
`
`Exemplary Infringement by Intel RAID Modules with RMFBU
`
`1[b]
`(b) reconfiguring the data
`in the computing engine;
`and
`
`
`
`See e.g., Intel RAID Modules, Hardware User Guide, at 39.
`
`The claimed method of the RAID Controllers/RMFBU includes reconfiguring the data in the
`computing engine.
`
`As Intel explains in its documentation, the RMFBU monitors the voltage level of the DRAM of the
`Intel RAID controller module. During normal system operation, power is supplied from the external
`source (AC) power. However, if the voltage drops below a predefined level due to a power failure or
`brief power outage, the RAID Controller/RMFBU activates the plurality of super capacitors in the
`RMFBU to supply power to the computing engine, which protects the integrity of the cached data.
`
`
`7
`
`Petitioner Intel Corp., Ex. 1010
`IPR2023-00783
`
`

`

`
`
`
`
`Claim 1
`
`Exemplary Infringement by Intel RAID Modules with RMFBU
`
`See e.g., Intel RAID Modules, Hardware User Guide, at 38.
`
`
`See e.g., Intel RAID Modules, Hardware User Guide, at 38.
`
`
`
`
`
`
`
`
`See e.g., Intel RAID Modules, Hardware User Guide, at 38.
`
`The RAID Controller/RMFBU reconfigures the data in the cache of the Controller by transferring that
`data from the RAID RAM (volatile memory) to NAND Flash (non-volatile memory). On information
`and belief, the RAID Controller/RMFBU also transfers some or all of that data to other non-volatile
`storage, including but not limited to the solid-state storage drives (SSD) and hard disk drives (HDD).
`
`The claimed method of the RAID Controllers/RMFBU includes deactivating the plurality of super
`capacitors to cut off power to the computing engine based upon the plurality of super capacitors
`discharging to a predetermined level.
`
`For example, when all the data in the RAID RAM (volatile memory) has been transferred and/or when
`the super capacitors in the RMFBU’s capacity (shown below) are at or near depletion state, the RAID
`Controllers/RMFBU deactivates the super capacitors to cut off power to the computing engine.
`8
`
`1[c]
`(c) deactivating the
`plurality of super
`capacitors to cut off power
`to the computing engine
`based upon the plurality of
`
`Petitioner Intel Corp., Ex. 1010
`IPR2023-00783
`
`

`

`
`
`
`
`
`
`
`Claim 1
`super capacitors
`discharging to a
`predetermined level.
`
`
`
`Exemplary Infringement by Intel RAID Modules with RMFBU
`
`See e.g., Intel RAID Modules, Hardware User Guide, at 39.
`
`
`
`
`
`
`9
`
`Petitioner Intel Corp., Ex. 1010
`IPR2023-00783
`
`

`

`
`
`
`
`Claim 2
`
`2
`The method of claim 1
`wherein the computing
`engine comprises a least
`one volatile memory and at
`least one non-volatile
`memory.
`
`Exemplary Infringement by Intel RAID Modules with RMFBU
`See claim 1. The RAID Controllers/RMFBU include a least one volatile memory and at least one non-
`volatile memory.
`
`The RAID Controllers/RMFBU comprise the claimed computer system and include the RAID
`Controller, which comprises the computing engine. The Controller further includes at least one RAID
`RAM (volatile memory) and at least one SSD cache (non-volatile memory).
`
`
`
`See e.g., Intel Tri-mode Intel Storage Controllers supporting PCIe NVMe: Product Brief, at 2.
`
`
`10
`
`
`
`Petitioner Intel Corp., Ex. 1010
`IPR2023-00783
`
`

`

`
`
`
`
`
`
`
`Claim 2
`
`Exemplary Infringement by Intel RAID Modules with RMFBU
`See e.g., Intel RAID Modules, Hardware User Guide, at 12.
`
`
`See e.g., Intel RAID Modules, Hardware User Guide, at 38.
`
`
`See e.g., Intel RAID Modules, Hardware User Guide, at 38.
`
`
`
`
`
`
`
`
`11
`
`Petitioner Intel Corp., Ex. 1010
`IPR2023-00783
`
`

`

`Claim 3
`
`3
`The method of claim 2
`wherein the reconfiguring
`step (b) further comprises:
`(b1) allowing all data to be
`transferred from the at least
`one volatile memory to the
`at least one non-volatile
`memory.
`
`
`
`
`
`
`
`
`
`
`
`Exemplary Infringement by Intel RAID Modules with RMFBU
`The claimed method of the RAID Controllers/RMFBU includes allowing all data to be transferred
`from the at least one volatile memory to the at least one non-volatile memory.
`
`See claim 1, 2.
`
`
`
`
`12
`
`Petitioner Intel Corp., Ex. 1010
`IPR2023-00783
`
`

`

`Claim 6
`
`6[Pre]
`The method of claim 3
`wherein the activating step
`(a) further comprises:
`
`6[a]
`(a1) reversing the flow of
`current between the
`computing engine and the
`plurality of super
`capacitors; and
`
`6[b]
`(a2) discharging current
`from the plurality of super
`capacitors to the
`computing engine.
`
`
`
`
`
`
`
`
`
`
`Exemplary Infringement by Intel RAID Modules with RMFBU
`See claim 1, 2, 3.
`
`The claimed method of the RAID Controllers/RMFBU includes reversing the flow of current between
`the computing engine and the plurality of super capacitors.
`
`See claim 1[a].
`
`The claimed method of the RAID Controllers/RMFBU includes discharging current from the plurality
`of super capacitors to the computing engine.
`
`See claim 1[a].
`
`13
`
`Petitioner Intel Corp., Ex. 1010
`IPR2023-00783
`
`

`

`
`
`
`
`Claim 10
`
`10[Pre]
`A system for controlling
`data in a computer system
`when the computer system
`loses power, the computer
`system comprising a
`computer engine,
`comprising:
`
`Exemplary Infringement by Intel RAID Modules with RMFBU
`Intel makes, uses, sells, offers for sale, and imports into the United States RAID Controllers, which
`include modules and adapters, along with RAID Maintenance Free Backup Units (RMFBU). Intel’s
`RAID Controllers offer RAID levels 0/1/10/5/50/6/60, with maintenance-free cache backup and disk
`encryption options. All products are available in a standard PCIe add-in and a module form factors.
`These controllers are designed and intended to be paired with RAID Maintenance Free Backup Units
`(RMFBU) and reasonably similar Smart Battery products to provide and perform the claimed features.
`See e.g., https://www.intel.com/content/www/us/en/products/details/servers/raid/raid-controllers.html;
`https://www.intel.com/content/www/us/en/support/articles/000007764/server-products/sasraid.html.
`
`
`
`See e.g., Intel, Tri-mode Intel Storage Controllers supporting PCIe NVMe: Product Brief, at 1.
`
`
`
`14
`
`Petitioner Intel Corp., Ex. 1010
`IPR2023-00783
`
`

`

`
`
`
`
`Claim 10
`
`Exemplary Infringement by Intel RAID Modules with RMFBU
`
`
`See e.g., Intel RAID Modules, Hardware User Guide (Rev. 1.4, September 2020), at 42.
`
`The RAID Controllers/RMFBU comprise the claimed computer system and include the RAID
`Controller, which comprises the computing engine. The Controller further includes at least one RAID
`RAM (volatile memory) and at least one SSD cache (non-volatile memory).
`
`
`15
`
`
`
`Petitioner Intel Corp., Ex. 1010
`IPR2023-00783
`
`

`

`
`
`
`
`Claim 10
`
`Exemplary Infringement by Intel RAID Modules with RMFBU
`See e.g., Intel, Tri-mode Intel Storage Controllers supporting PCIe NVMe: Product Brief, at 2.
`
`
`
`See e.g., Intel, Tri-mode Intel Storage Controllers supporting PCIe NVMe: Product Brief, at 3.
`
`The RAID Controllers/RMFBU include the claimed system for controlling data in a computer system
`when the computer system loses power, with the aforementioned components playing a role therein.
`
`The RAID Controllers/RMFBU system includes means for activating a plurality of super capacitors to
`supply power to the computing engine based upon power being removed from the computer system.
`
`For example, the RMFBU includes a plurality of super capacitors to supply power to the computing
`engine, including but not limited to based upon power being removed from the computer system.
`
`
`10[a]
`means for activating a
`plurality of super
`capacitors to supply power
`to the computing engine
`based upon power being
`removed from the
`computer system;
`
`See e.g., Intel RAID Modules, Hardware User Guide, at 41.
`
`
`
`
`16
`
`Petitioner Intel Corp., Ex. 1010
`IPR2023-00783
`
`

`

`
`
`
`
`Claim 10
`
`Exemplary Infringement by Intel RAID Modules with RMFBU
`
`See e.g., Intel RAID Modules, Hardware User Guide, at 42.
`
`As Intel explains in its documentation, the RMFBU monitors the voltage level of the DRAM of the
`Intel RAID controller module. During normal system operation, power is supplied from the external
`source (AC) power. However, if the voltage drops below a predefined level due to a power failure or
`brief power outage, the RAID Controller/RMFBU activates the plurality of super capacitors in the
`RMFBU to supply power to the computing engine, which protects the integrity of the cached data.
`
`
`
`
`See e.g., Intel RAID Modules, Hardware User Guide, at 38.
`
`
`
`
`17
`
`Petitioner Intel Corp., Ex. 1010
`IPR2023-00783
`
`

`

`
`
`
`
`Claim 10
`
`Exemplary Infringement by Intel RAID Modules with RMFBU
`
`See e.g., Intel RAID Modules, Hardware User Guide, at 38.
`
`
`See e.g., Intel RAID Modules, Hardware User Guide, at 38.
`
`
`
`
`
`
`18
`
`Petitioner Intel Corp., Ex. 1010
`IPR2023-00783
`
`

`

`
`
`
`
`Claim 10
`
`Exemplary Infringement by Intel RAID Modules with RMFBU
`
`10[b]
`means for reconfiguring
`the data in the computing
`engine; and
`
`
`
`See e.g., Intel RAID Modules, Hardware User Guide, at 39.
`The RAID Controllers/RMFBU system includes means for activating a plurality of super capacitors to
`supply power to the computing engine based upon power being removed from the computer system.
`
`As Intel explains in its documentation, the RMFBU monitors the voltage level of the DRAM of the
`Intel RAID controller module. During normal system operation, power is supplied from the external
`source (AC) power. However, if the voltage drops below a predefined level due to a power failure or
`brief power outage, the RAID Controller/RMFBU activates the plurality of super capacitors in the
`RMFBU to supply power to the computing engine, which protects the integrity of the cached data.
`
`
`19
`
`Petitioner Intel Corp., Ex. 1010
`IPR2023-00783
`
`

`

`
`
`
`
`Claim 10
`
`Exemplary Infringement by Intel RAID Modules with RMFBU
`
`See e.g., Intel RAID Modules, Hardware User Guide, at 38.
`
`
`See e.g., Intel RAID Modules, Hardware User Guide, at 38.
`
`
`
`
`
`
`
`
`See e.g., Intel RAID Modules, Hardware User Guide, at 38.
`
`The RAID Controller/RMFBU reconfigures the data in the cache of the Controller by transferring that
`data from the RAID RAM (volatile memory) to NAND Flash (non-volatile memory). On information
`and belief, the RAID Controller/RMFBU also transfers some or all of that data to other non-volatile
`storage, including but not limited to the solid-state storage drives (SSD) and hard disk drives (HDD).
`The RAID Controllers/RMFBU system includes means for deactivating the plurality of super
`capacitors to cut off power to the computing engine based upon the plurality of super capacitors
`discharging to a predetermined level.
`
`For example, when all the data in the RAID RAM (volatile memory) has been transferred and/or when
`the super capacitors in the RMFBU’s capacity (shown below) are at or near depletion state, the RAID
`Controllers/RMFBU deactivates the super capacitors to cut off power to the computing engine.
`
`
`20
`
`10[c]
`means for deactivating the
`plurality of super
`capacitors to cut off power
`to the computing engine
`based upon the plurality of
`super capacitors
`
`Petitioner Intel Corp., Ex. 1010
`IPR2023-00783
`
`

`

`
`
`
`
`
`
`
`Claim 10
`discharging to a
`predetermined level.
`
`Exemplary Infringement by Intel RAID Modules with RMFBU
`
`See e.g., Intel RAID Modules, Hardware User Guide, at 39.
`
`
`
`
`
`
`21
`
`Petitioner Intel Corp., Ex. 1010
`IPR2023-00783
`
`

`

`
`
`
`
`Claim 11
`
`11
`The system of claim 10
`wherein the computing
`engine comprises a least
`one volatile memory and at
`least one non-volatile
`memory.
`
`Exemplary Infringement by Intel RAID Modules with RMFBU
`See claim 10. The RAID Controllers/RMFBU system includes a least one volatile memory and at least
`one non-volatile memory.
`
`The RAID Controllers/RMFBU comprise the claimed computer system and include the RAID
`Controller, which comprises the computing engine. The Controller further includes at least one RAID
`RAM (volatile memory) and at least one SSD cache (non-volatile memory).
`
`
`
`See e.g., Intel Tri-mode Intel Storage Controllers supporting PCIe NVMe: Product Brief, at 2.
`
`
`22
`
`
`
`Petitioner Intel Corp., Ex. 1010
`IPR2023-00783
`
`

`

`
`
`
`
`
`
`
`Claim 11
`
`Exemplary Infringement by Intel RAID Modules with RMFBU
`See e.g., Intel RAID Modules, Hardware User Guide, at 12.
`
`
`See e.g., Intel RAID Modules, Hardware User Guide, at 38.
`
`
`See e.g., Intel RAID Modules, Hardware User Guide, at 38.
`
`
`
`
`
`
`
`
`23
`
`Petitioner Intel Corp., Ex. 1010
`IPR2023-00783
`
`

`

`Claim 12
`
`12
`The system of claim 11
`wherein the reconfiguring
`means further comprises:
`means for allowing all data
`to be transferred from the
`at least one volatile
`memory to the at least one
`non-volatile memory.
`
`
`
`
`
`
`
`
`
`
`Exemplary Infringement by Intel RAID Modules with RMFBU
`The RAID Controllers/RMFBU system includes means for allowing all data to be transferred from the
`at least one volatile memory to the at least one non-volatile memory.
`
`See claim 10, 11.
`
`24
`
`Petitioner Intel Corp., Ex. 1010
`IPR2023-00783
`
`

`

`
`
`
`
`
`
`Claim 15
`
`15[Pre]
`The system of claim 12
`wherein the activating
`means further comprises:
`
`15[a]
`means for reversing the
`flow of current between the
`computing engine and the
`plurality of super
`capacitors; and
`
`15[b]
`means for discharging
`current from the plurality
`of super capacitors to the
`computing engine.
`
`Exemplary Infringement by Intel RAID Modules with RMFBU
`
`See claim 12.
`
`The RAID Controllers/RMFBU system includes means for reversing the flow of current between the
`computing engine and the plurality of super capacitors.
`
`See claim 10[a].
`
`The RAID Controllers/RMFBU system includes means for discharging current from the plurality of
`super capacitors to the computing engine.
`
`See claim 10[a].
`
`25
`
`Petitioner Intel Corp., Ex. 1010
`IPR2023-00783
`
`