`
`
`
`283.
`
`The Accused Portable Products (¢.g., the 3° Generation ThinkPad X1 Yoga}
`
`include a view selector component configured to transition between the plurality of views in
`
`response to activation. For example, when powered on the 3Generation ThinkPad X1 Yogais
`
`configured to transition between a laptop mode and a tablet mode:
`
`
`
`Laptop Mode
`
`TabletMode
`
`Screenshot from 3° Generation ThinkPad X1 Yoga, home screen in laptop and tablet modes.
`
`284.
`
`The Accused Portable Products (e.g., the 3° Generation ThinkPad X1 Yoga)
`
`inchide a storage component configured to store an association between at least one of a plurality
`
`of visual representations and digital media content. For example, the 3! Generation ThinkPad
`
`Al Yoga inchides the Microsoft Photos app, which is configured to store an association between
`
`thumbnail previews of content and digital media content:
`
`
`
`
`
`
`
`
`
`137
`
`HP Inc. - Exhibit 1005 - Page 5915
`
`HP Inc. - Exhibit 1005 - Page 5915
`
`

`

`Ten A Masecesmmt DY Miler 4
`wien f Maccymeant Bi Fier 7
`Mie GAOGUPPIEYTE G2
`PERG? .
`
`Screenshot from 3™ Generation ThinkPad X1 Yoga, Microsoft Photos app.
`
`285.
`
`The Accused Portable Products (e.g., the 3° Generation ThinkPad X1 Yoga)
`
`include an execution component further configured to execute the association with the at least
`
`one of the plurality of visual representations with digital media content in response to selection
`
`and transition the display to a viewofthe digital media content in response to the act of
`
`executing the association. For example, selecting a thumbnail preview mn the Microsoft Photos
`
`app transitions to a view of the digital media content:
`
`
`
`Screenshot from 3Generation ThinkPad X1 Yoga, Microsoft Photos app.
`
`286.
`
`The Accused Portable Products (e.g., the 3° Generation ThinkPad X1 Yoga)
`
`include a display component configuredto display user digital media content andreferenced
`
`digital media content in the viewofthe digital media content. For exarnple, the 3°? Generation
`
`ThinkPad X1 Yoga includes the Microsoft Photos app, which is configured to permit users to
`
`138
`
`HP Inc. - Exhibit 1005 - Page 5916
`
`HP Inc. - Exhibit 1005 - Page 5916
`
`

`

`Ten A Masecesmmt DY Miler 4
`wien f Maccymeant Bi Fier 7
`Mie GAOGUPPIEYTE G2
`PERG? .
`
`
`
`manage digital media content libraries (e.g., in an album locatedlocally or in a remote location
`
`such as OneDrive):
`
`
`
`Screenshot from 3Generation ThinkPad X1 Yoga, OneDrive album and Microsoft Photos app.
`
`Lenove US
`
`287.
`
`Lenovo US has directly infringed and continues to directly infringe, literally
`
`and/or equivalently, one or more of the claims of the “888 patent, including at least claim 27,
`
`including by importing, using, selling, and offering for sale im the United States certain
`
`computing devices with multiple display modes, including at least the Accused Products. DI. 27
`
`(Noble Declaration), P 2.
`
`288.
`
`Since at least the filing of the Original Complaint Lenove US knew ofthe ’888
`
`patent.
`
`289,
`
`Since at least the filtng of the Original Complaint, Lenovo US knewthat the
`
`Accused Portable Products infringe at least claim 27 of the °888 patent when used by customers
`
`or other users, when soldor offered for sale by resellers, and when imported by Lenovoentities.
`
`139
`
`HP Inc. - Exhibit 1005 - Page 5917
`
`HP Inc. - Exhibit 1005 - Page 5917
`
`

`

`
`
`290.
`
`Since at least the filmmg of the Original Cornplaint, Lenovo US has hadthe intent
`
`io encourage customers or other users to directly infringe at least claim 27 ofthe °288 patent by
`
`continuing to advertise, offer for sale, or sell, or by encouraging resellers to offer for sale or sell
`
`the Accused Portable Products in the United States, including in Delaware. Since at least the
`
`filing of the Original Complaint, Lenovo US has providedwith the AccusedPortable Products
`
`manuals, product documentation, advertising
`
`materials and pre-installed software that induce customers or other users to infringe at least claim
`
`27 of the °888 patent by encouraging the use of the Accused Portable Products. For exaniple, in
`
`the ThinkPad HTML User Guide Lenovo instructs users that the 3rd Generation ThinkPad X1
`
`Yoga “can be opened to anyangle within a range of up to 360 degrees” and that “[blyrotating
`
`the display to different angle, your computer features the following four operating modes”:
`
`Your computer features the fallowiag four YOGA modes. You can switch amony different modes according
`to your preference.
`
`Note: The keyboard and the pointing devices are automatically disabled in the stand mode, tent mode, and
`tablet mode. Liss the touch acreen to control your computer instead.
`
`
`
`Stand mode
`
`Tent mode
`
`Tablet mode.
`
`140
`
`HP Inc. - Exhibit 1005 - Page 5918
`
`HP Inc. - Exhibit 1005 - Page 5918
`
`

`

`
`
`See ThinkPad User Guide, p. 29.
`
`291.
`
`Since at least the filing of the Original Complaint,Lenovo US’s infringement of
`
`at least claim 27 of the °888 patent has been willful. Lenovo OS's offers for sale, sales, or use of
`
`the Accused Portable Products with provision of manuals and instruction to purchasers that
`
`encourage use it knows will infringe the ’888 patent constitutes willfal infringement. Lenovo
`
`US is a large corporation with a plethora of resources. Lenovo US’s failure to fully investigate
`
`the allegations of infringement against it, its offers for sale, sales, and use of the Accused
`
`Portable Products, and its failure to take remedial action to avoid infringement evidencesits
`
`willful infringement.
`
`292.
`
`The foregoing description of Lenovo US’s infringement is based on publicly
`
`available information, LiTLreserves the right to modify this description, including, for exarnple,
`
`on the basis of information about the Accused Portable Products that it obtains during discovery.
`
`293,
`
`LiTL has been and is being wreparably harmed, and has incurred and will
`
`continue to incur damages, as a result of Lenovo US’s infringement of the 888 patent.
`
`294.
`
`Lenovo US’s infringement of the “888 patent has damaged and continues to
`
`damage LiITL in an arnount yet to be determined, of at least a reasonable royalty.
`
`295. On information and belief, Lenovo Beijing has had knowledge of the ’888 patent
`
`Leneve Belling
`
`since before the filing of the Original Complaint.
`
`296.
`
`Lenovo Betting has extensive experience with intellectual property. Lenovo
`
`Beijing has been the owner of over 2,500 patent applications and over 2,200 patents. Over the
`
`past decade, Lenove US has been involved in over 200 patent litigations in the United States, and
`
`has been a party in over 30 infer partes review proceedings before the U.S. Patent Trial and
`
`Appeals Board. The Lenovo 2019 Annual Report identifies intellectual property CP} risk as one
`
`144
`
`HP Inc. - Exhibit 1005 - Page 5919
`
`HP Inc. - Exhibit 1005 - Page 5919
`
`

`

`
`
`of the “key risks that the Group considers to be of great significance to the Group as it stands
`
`today.” http . For example, mvlistcosh CVany ( Ol odf pag
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`the report recognizes that Lenovo could suffer “reputational harm if found to infrmge a third
`
`> Wwit
`RAY
`party’s valid patents.
`
`To manage and mitigate its IP risk, Lenovo plans to: “Monitor, develop and execute IP litigation
`
`defense strategy” and “License [P as appropriate and monitor its continued validity and value to
`
`the Group.” Lenovo Beijing’s R&D teams work closely with IP lawyers from product
`
`conception through manufacture and commercialization to develop effective IP strategies for
`
`newproducts, such as the Yoga-branded laptops.
`
`
`
`297.
`
`Consistent with Lenovo Beiting’s sophistication with IP matters and the fact that
`
`the Asserted Patents belong to a patent family that has been frequentlycited in patent
`
`applications of major players in the personal computing space, on information andbelief,
`
`Lenovo Beijing was aware by 2016 of the family of LITL patents and applications to which the
`
`888 patent belongs.
`
`298.
`
`Since at least 2016 Lenovo Beijing knew or should have known, or at a mininyum
`
`acted with willful blindness to the fact that, the Accused Portable Products sold on its website
`
`and bearing its marks infringe one or more claims of the ’888 patent based on at least the
`
`following:
`
`®
`
`®
`
`Lenove Beijing’s sophistication and substantial resources with respect to
`
`intellectual property matters;
`
`Lenovo Beying’s knowledge of the patent family to which the ’888 patent
`
`belongs; and
`
`142
`
`HP Inc. - Exhibit 1005 - Page 5920
`
`HP Inc. - Exhibit 1005 - Page 5920
`
`

`

`
`
`®
`
`®
`
`Lenovo Beijing’s knowledge since at least 2016 ofthe ’688 and’844 patents,
`
`which are ancestors to the °888 patent, and citation to these parent patent
`
`publications in Lenovo Beijing patent applications since at least 2016; and
`
`the close working relationship between Lenovo Beijing’s R&D teams and its IP
`
`lawyers and Lenovo Beying’s substantial patent prosecution activities durected to
`
`electronic devices having the 2-in-1 functionality of the Accused Portable
`
`Products, inchiding the YOGA-branded laptop products.
`
`299. On information and belief, Lenove Bering has known, should have known, or has
`
`been willfully blind to the existence of the "R&S Patent, since at least 2016. As a descendant of
`
`the °688 and "844 patents (and their corresponding published patent applications), which have
`
`been frequently cited during prosecution of patent applications owned by major players in the
`
`personal computing space, including the Lenovo Group andits subsidiaries, Lenovo Beijing
`
`knew, should have known, or was willfully blind to the existence of the ’888 patent.
`
`300. On imformation and belief, Lenovo Beijing is a sophisticated companyregarding
`
`patents and business in the United States, and citation of patents that cover any of Lenovo's
`
`products is a significant concern to Lenove Beijing. In a 2007 press release, Lenove’s leadership
`
`stated that “one of the most important goals of international business” is “the protection of
`
`intelectual property.” He also noted that “als a global corporate citizen, Lenovo is deeply
`
`comunitted to the protection of intellectual property. We continue to take the lead by
`
`encouraging more businesses and individual users to respect and protect intellectual property as a
`
`means of building an imnovation-friendly business environment.” See
`
`
`
`143
`
`HP Inc. - Exhibit 1005 - Page 5921
`
`HP Inc. - Exhibit 1005 - Page 5921
`
`

`

`
`
`
`
`leadershrp noted that “[i|ntellectual property is a strategic asset for Lenovo”that “not only
`
`protects our investment in invention and mnovation, but also positions Lenovo’s businesses to
`
`flourish and grow.”
`
`301. On imformation and belief, Lenovo Beijing has procedures to evaluate whether
`
`Lenove products have freedomto operate in the United States, particularly where the products
`
`comprise a significant portion of Lenovo’s revenue. On information and belief, the Accused
`
`Portable Products comprise a significant portion of Lenovo’s revenue, and since at least 2016
`
`Lenovo Beijing knewthat use of the Accused Portable Products infringes the °888 patent.
`
`302. On imtormation andbehef, citation of the "688 and ’844 patents and their
`
`corresponding published applications during the USPTO prosecution of Lenovo Beijing patents
`
`caused Lenovo Beijing to investigate, become aware of, and consider descendant patents,
`
`inchiding the °888 patent, and the rest of LiTL’s patent portfolio.
`
`303.
`
`Since at least 2016 Lenovo Beijing knewor should have known,or at a mumnimmm
`
`acted with willful blindness to the fact that, the Accused Portable Products sold on its website
`
`and bearing its marks infringe one or more claims of the ’888 patent since the patent is a
`
`descendant of LITL’s frequently cited ancestor patents (and related published applications},
`
`which Lenovo Beijing cited during the prosecution of multiple patents.
`
`304.
`
`In addition, Lenovo Beijing has knownthat the Accused Portable Products sold
`
`on its website and bearing its marks infringe one or more of the claims of the “B88 patent since at
`
`least the time that it received notice of the Origial Complaint, or since at least September29,
`
`2020.
`
`305.
`
`Lenovo Bening’s Lenovo.com Domain continues to market and offer for sale the
`
`Accused Products bearing Lenovo Beijing’s marks into the United States and Delaware since the
`
`144
`
`HP Inc. - Exhibit 1005 - Page 5922
`
`HP Inc. - Exhibit 1005 - Page 5922
`
`

`

`
`
`
`
`filing of the Original Cornplaimt, which thoroughly detailed howthe Accused Portable Products
`
`infringe at least claim 27 of the ’888 patent.
`
`306.
`
`Lenovo Beijing has known or should have known since it first became aware of
`
`the °888 patent, and at least by September 29, 2020, that end users, importers, distributors,
`
`retailers, repair and service technicians, Lenovo US and its employees and contractors, and other
`
`users of the Accused Products are infringing the ’888 patent.
`
`307.
`
`Lenovo Beijing is responsible for what is posted on the Lenovo.com Domain,
`
`including its press releases identified in Paragraph 90 above, which encourage users of the
`
`Accused Products im the United States and Delaware to infringe at least claim 27 of the ’888
`
`patent by using the Accused Portable Products. Since at least 2016, Lenovo Bering has
`
`encouraged customers to use the Accused Portable Products by providing the Lenovo.com
`
`Domain to host press releases that encourage customers to use the Accused Portable Products.
`
`Lenove Beuing’s conduct since 2016 demonstrates an intent to induce customers to directly
`
`infringe at least claim 27 of the ’888 patent. Lenovo Beijing’s conduct since 2016 also
`
`demonstrates an intent to induce Lenovo US to infringe the “S888 patent by selling, offering for
`
`sale, and using the Accused Portable Products.
`
`308.
`
`Lenovo Beijing has actively and knowimelyinduced infringement, and is actively
`
`and knowingly inducing infringement of one or more claims of the °888 patent, Hterally and/or
`
`equivalently, at least by inducing end users, repair and service technicians, Lenovo employees
`
`and contractors, and others to use the Accused Products in an infringing manner. For example,
`
`Lenevo instructs such users by way of manuals or product documentation to infringe the asserted
`
`claims byusing the Accused Portable Products. See, ¢.g.,
`
`
`
`HP Inc. - Exhibit 1005 - Page 5923
`
`HP Inc. - Exhibit 1005 - Page 5923
`
`

`

`
`
`
`
`309.
`
`Lenovo Beying has had knowledge ofthe ’888 patent andits infrmgement of the
`
`888 patent since it first became aware of the °&88 patent in 2016, and since at least the timeit
`
`received notice of the Original Complaint or at least by September 29, 2026. Lenovo Beijing has
`
`induced infringement of the 888 patent with specific intent to induce infringement of that patent.
`
`310.
`
`Lenovo Beijing’s infringement of the °888 patent has been willful since it first
`
`became aware of the °154 patent in 2016, or since at least the time it received notice of the
`
`Original Complaint, and tts ongoing infringement of the "888 patent continues to be willful.
`
`Lenovo Beijing’s willful infringementis evidenced by the following: the close warking
`
`relationship between Lenovo Beijing’s IP andresearch and design departments; the similarities
`
`between howthe Accused Portable Products operate, the functionality that Lenovo Beying
`
`sought to claim in its patent applications, and the requirements of claim 27 of the “S88 patent;
`
`Lenovo Beijing’s significant size and resources; and Lenovo Berjing’s failure to take remedial
`
`action to avoid infringernent. Lenovo Beijing has chosen to manufacture or control manufacture
`
`of the Accused Products with the intent that the Accused Products would be imported, offered
`
`for sale, sold, and/or used in the United States, to distribute or control distribution of the Accused
`
`Products in Lenovo’s established distribution channels with the intent that the Accused Products
`
`would be imported, offered for sale, sold, and/or used in the United States, as explained in more
`
`detail above, and knowing that doing so would infringe the ’&88 patent, and despite receiving
`
`notice from LiTLthat continuing to do so would infringe the 888 patent.
`
`311.
`
`The foregoing description of Lenovo Beijing's infringement is based on publicly
`
`available information. LiTL reserves the night to modifythis description, including, for example,
`
`on the basis of information about the Accused Portable Products that it obtains during discovery.
`
`146
`
`HP Inc. - Exhibit 1005 - Page 5924
`
`HP Inc. - Exhibit 1005 - Page 5924
`
`

`

`rs .
`~ Oy
`Tins inant
`3
`
`LAOQCUNS a OS
`
`~
`yy
`LPAI
`Page
`
`312.
`
`LiTL has been and is being irreparably harmed, and has incurred and will
`
`continue to incur damages, as a result ofLenovo Betjing’s infringement of the ’888 patent.
`
`313.
`
`Lenovo Beijing’s infringement of the “888 patent has damaged and continues to
`
`damage LiTL in an amount yet to be determined, of at least a reasonable royalty.
`
`COUNT Vi
`
`(afringement of U.S. Patent No. 8.577,9857)
`
`314.
`
`LiTL incorporates by reference and realleges all the foregoing paragraphs of the
`
`First Amended Complaint as if fully set forth herein.
`
`315.
`
`The Accused Products (e.g., the 3° Generation ThinkPad X1 Yoga, Yoga A940)
`
`inchide a streamlined computer device, the device comprising: at least one processor operatively
`
`connected to amemory. For example:
`
`Penceene
`
`Pracadsar &
`
`Pracessor S
`
`| 3% Generation ThinkPad X1 Yoga|YOGA A946
`
`
`Operating System &
`
`
`Display Type &
`
`See, e.g., ThinkPad Webpage; A940 Webpage
`
`147
`
`HP Inc. - Exhibit 1005 - Page 5925
`
`HP Inc. - Exhibit 1005 - Page 5925
`
`

`

`
`
`
`
`
`
`RN
`
`
`
`MOTONeg eee STINKS z PVT ’ coer tines be exeaaerd 4s .
`
`
`
`
`
`REAA BRP TA Qeestorn Raarcd rane
`Passa
`AiYorga REM FRE f4 SystemBoard ropd.
`
`SALEMSSEANASNIRALESSSAUREUS cap at G11 (annotations added).
`
`148
`
`HP Inc. - Exhibit 1005 - Page 5926
`
`HP Inc. - Exhibit 1005 - Page 5926
`
`

`

`ast
`
`My
`Meee a Mares cessed O44 Milan 4
`QO
`aw
`:
`POSSRia A LAOCUYRAGR Of Pied
`(ee OSs
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`
`SA Raaalfls
`Bark TPAesi
`24hOP OS Pek
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`
`ij NesA3
`
`Yi,
`
`316.
`
`The Accused Products (e.g., the 3“ Generation ThinkPad X1 Yoga, Yoga A940)
`
`inchide a processor that when executing is configured to cause the device to: receive electronic
`
`content hosted by a server system; render electronic content to a user in a graphical user
`
`149
`
`HP Inc. - Exhibit 1005 - Page 5927
`
`HP Inc. - Exhibit 1005 - Page 5927
`
`

`

`
`
`
`
`interface; receive selection through the graphical user interface, by the user, of at least one
`
`executable operation provided by the server system within the electronic content; determine that
`
`the at least one executable operation performs a local access operation, and transform the at least
`
`one executable operation into a remote access operation. For example, the 3Generation
`
`ThinkPad X1 Yoga and the Yoga A940 include the Microsoft Photos app, which is configuredto
`
`provide access to digital media albums stored OneDrive by clicking on a QneDrive link:
`
`
`
`Screenshot from 3Generation ThinkPad X1 Yoga, OncDrive album and Microsoft Photos app.
`
`[50
`
`HP Inc. - Exhibit 1005 - Page 5928
`
`HP Inc. - Exhibit 1005 - Page 5928
`
`

`

`
`
`
`
`
`be
`
`
`
`
`
`
`
`
`Screenshot from Yoga A940, One Drive atbumand Microsoft Photos app.
`
`317.
`
`The Accused Products (e.g., the 3 Generation ThinkPad X1 Yoga, Yoga A940)
`
`inchide a transforming that includes: identifying at least one characteristic of the at least one
`
`executable operation; accessing a profile to retrieve information on at least one available remote
`
`services responsive to the at least one identified characteristics of the executable operation;
`
`selecting an available remote service fromthe at least one available remote service; retrieving the
`
`service access information for the selected remote service; wherein transforming is executed
`
`basedon the at least one characteristic of the at least one executable operation and the service
`
`access information; and transmit the remote access operation to the server system. For example,
`
`clicking on a OneDrive album link in the Microsoft Photos app in the Accused Products (e.g., the
`
`3 Generation ThinkPad X1 Yoga, Yoga A940) accesses OneDrive user profile information in
`
`order to access content on a user’s OQneDrive album:
`
`131
`
`HP Inc. - Exhibit 1005 - Page 5929
`
`HP Inc. - Exhibit 1005 - Page 5929
`
`

`

`
`
`
`
`Screenshot from 3° Generation ThinkPad X1 Yoga, OneDrive album and Microsoft Photos app.
`
`Leneve US
`
`318.
`
`Lenovo US has directly infringed and continues to directly infringe, literally
`
`and/or equivalently, one or more ofthe claims of the °957 patent, including at least claim 19,
`
`including by importing, using, selling, and offering for sale in the United States certain
`
`computing devices with multiple display modes, including at least the Accused Products. DL. 27
`
`(Noble Declaration), PF 2.
`
`319.
`
`Since at least the filmg of the Onginal Complaint Lenovo US knewofthe 957
`
`patent.
`
`320.
`
`Since at least the filimg of the Original Complamt, Lenovo US knewthat the
`
`Accused Products infringe at least claim 19 of the °957 patent when used by customers or other
`
`users, when sold or offered for sale by resellers, and when imported by Lenovoentities.
`
`321.
`
`Since at least the filing of the Original Complaint, Lenovo US has had the intent
`
`to encourage customers or other users to directly infringe at least clarm 19 of the °957 patent by
`
`152
`
`HP Inc. - Exhibit 1005 - Page 5930
`
`HP Inc. - Exhibit 1005 - Page 5930
`
`

`

`
`
`
`
`continuing to advertise, offer for sale, or sell, or by encouraging resellers to offer forsale orsell
`
`the Accused Products in the United States, inchiding in Delaware. Since at least the filing of the
`
`Original Complaint, Lenovo US has provided with the Accused Products and on the website
`
`
`
`n manuals, product documentation, advertising materials and pre-
`
`installed software that induce customers or other users to infringe at least claim 19 of the “957
`
`patent by encouraging the use of the Accused Products. For example, the 3° Generation
`
`ThinkPad X1 Yoga and the Yoga A940 include the Microsoft Photos app, which is configured to
`
`provide access to digital media albums stored OneDrive by clicking on a OneDrive link:
`
`Screenshot from 3Generation ThinkPad X1 Yoga, OneDrive album and Microsoft Photos app.
`
`153
`
`HP Inc. - Exhibit 1005 - Page 5931
`
`HP Inc. - Exhibit 1005 - Page 5931
`
`

`

`
`
`
`
`
`Sadat
`
`
`
`
`
`
`
`
`Screenshot from Yoga A940, One Drive atbumand Microsoft Photos app.
`
`322.
`
`Since at least the filtng of the Original Complaint, Lenovo US's infringement of
`
`at least claum 19 of the °957 patent has been willful. Lenove OS’s offers for salo, sales, or use of
`
`the Accused Portable Products with provision of manuals and instruction to purchasers that
`
`encourage use it knows will infringe the °957 patent constitutes willfal infringement. Lenovo
`
`US is a large corporation with substantial resources. Lenovo US’s failure to fully investigate the
`
`allegations of infringement againstit, its ongoing offers for sale, sales, and use of the Accused
`
`Portable Products, and its failure to take rernedial action evidences its willful infringement.
`
`323.
`
`The foregoing description of Lenovo US’s infringement is based on publicly
`
`available information. LiTL reserves the right to modifythis description, including, for example,
`
`on the basis of information about the Accused Portable Products that it obtains during discovery.
`
`324.
`
`LiTL has been andis being irreparably harmed, and has incurred and will
`
`contimue to incur damages, as a result of Lenovo US’s infringement of the “957 patent.
`
`154
`
`HP Inc. - Exhibit 1005 - Page 5932
`
`HP Inc. - Exhibit 1005 - Page 5932
`
`

`

`
`
`
`
`a La A s
`
`wb
`
`vores
`
`f
`GD Jes.
`
`hood
`
`BD
`
`325.
`
`Lenovo US's infringement of the °957 patent has damaged and continues to
`
`damage LiTL in an amount yet to be determined, of at least a reasonable royalty.
`
`326.
`
`Lenovo US and Lenovo Bejing have had knowledge of the °957 patent since
`
`Lenove Beijing
`
`before the filmg of the Original Complaint.
`
`327. On November 5, 2013, the °957 patent issued from U.S. Patent Application No.
`
`12/416,503, which had earlier published on December 3, 2009 as U.S. Patent Application
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`Publication No. 2008/030051L1 (the LiTL *511 publication’).
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`328.
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`Since at least 2017 Lenovo Beijing has had knowledge of the LiTL “511
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`publication.
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`329. On March 14, 2017, the Chinese Intellectual Property Office issued a search
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`report to Lenove Beijing identifying the LITL °511 publication in connection with Lenovo’s
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`Chinese Patent Application No. 201500267712. Lenovo Bening has extensive experience with
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`intellectual property. Lenove Beijing has been the owner of over 2,500 patent applications and
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`over 2,200 patents. Over the past decade, Lenovo US has been involved in over 200 patent
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`litigations in the United States, and has been a party in over 50 infer partes review proceedings
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`before the U.S. Patent Trial and Appeals Board. The Lenove 2019 Annual Report identifies
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`intellectual property (IP) risk as one of the “key risks that the Group considers to be ofgreat
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`significance to the Group as it stands today.”
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`f, page22. For example, the report
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`recognizes that Lenovo could suffer “reputational harm if found to infringe a third party’s valid
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` e 27. To manage
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`and mitigate its [P msk, Lenovo plans to: “Monitor, develop and execute [P htigation defense
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`strategy” and “License [P as appropriate and monitor its continued validity and value to the
`
`133
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`HP Inc. - Exhibit 1005 - Page 5933
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`HP Inc. - Exhibit 1005 - Page 5933
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`

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`
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`Group.” Lenovo Beiying’s R&D teams work closely with IP lawyers from product conception
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`through manufacture and commercialization to develop effective [P strategies for new products,
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`such as the Yoga-branded laptops.
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`
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`330.
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`Consistent with Lenovo’s sophistication with IP matters and the tact that the
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`Asserted Patents belong to a patent family that has been frequently cited in patent applications of
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`major players in the personal computing space, on information and belief, Lenovo Betjing was
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`aware by 2017 of the family of LiTL patents and applications to which the ’957 patent belongs.
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`331.
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`Since at least 2017 Lenove Betting knewor should have known, or at a minimurn
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`acted with willful blindness to the fact, that itsAccused Products infringe one or more claims of
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`the °957 patent based on at least the following:
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`@
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`the Chinese Intellectual Property Office’s citation of the LiTL ?311 publication to
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`Lenove Beijing during prosecution of Lenove’s own patent application;
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`® Lenovo Beiing’s sophistication and substantial resources with respect to intellectual
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`property matters;
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`® Lenovo Betjing’s knowledge of the patent family to which the 957 patent belongs;
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`® Lenovo Beying’s knowledge since at least 2016 ofthe ’688 and °844 patents, which
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`are ancestors to the “957 patent, and citation to these patents and their corresponding
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`publications in Lenove Beijing patent applications since at least 2016; and
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`e
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`the close working relationship between Lenovo Beijing's R&D teams andits IP
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`lawyers and Lenovo Betjing’s substantial patent prosecution activities directed to
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`electronic devices having the 2-in-1 functionality of the Accused Portable Products,
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`inchiding the YOGA-branded laptop products.
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`156
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`HP Inc. - Exhibit 1005 - Page 5934
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`HP Inc. - Exhibit 1005 - Page 5934
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`
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`332. On imformation and belict, Lenovo Beijmg has known, should have known, or has
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`been willfully blind to the existence of the ’957 Patent, since at feast 2017. As a descendant of
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`the "6&8 and ’844 patents (and their corresponding published patent applications), which have
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`been frequently cited during prosecution of patent applications owned by major players in the
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`personal computing space, including the Lenovo Group andits subsidiaries, Lenovo Beijmeg
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`knew or was willfully blind to the existence of the “957 patent.
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`333. On information and belief, Lenovo Beiting is a sophisticated company regarding
`
`patents and business in the United States, and citation of patents that cover any of Lenovo’s
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`products is a significant concern to Lenovo Beijing. In a 2007 press release, Lenovo’s leadership
`
`stated that “one of the most important goals of international business”is “the protection of
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`intellectual property,” and “[als a global corporate citizen, Lenovo is deeply committed to the
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`protection of intellectual property. We continue to take the lead by encouraging more businesses
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`and individual users to respect and protect intellectual property as a means of building an
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`innovation-fnendly business environment.”
`
`
`oodb% In a 2018 press release, Lenovo's leadership noted that “filntellectual property
`dere
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`is a strategic asset for Lenovo”that “not only protects our investment in invention and
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`imnovation, but also positions Lenovo’s businesses to flourish and grow.” On informationand
`
`belief, Lenovo Beijing has procedures to evaluate whether Lenovo products have freedom to
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`operate in the United States, particularly where the products comprise a significant portion of
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`Lenevo’s revenue. On information and belief, the Accused Portable Products comprise a
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`significant portion of Lenovo’s revenue, and since at least 2017 Lenovo Beying knewthat use of
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`the Accused Portable Products infringes the ’957 patent.
`
`U37
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`HP Inc. - Exhibit 1005 - Page 5935
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`HP Inc. - Exhibit 1005 - Page 5935
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`
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`334. On information and belief, citation of the LITL ’511 publication during the
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`ISPTO prosecution of Lenovo Beijing patents caused Lenovo Beijing to mvestigate, become
`
`aware of, and consider the "957 patent, related patents, and the rest of LiTL’s patent portfolto.
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`Beyond Lenovo Beijing’s actual knowledge of the °957 patent, these citations during Lenovo
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`Beijing’s USPTO prosecution gave Lenovo Beving the subjective belief that the °957 patent
`
`existed, and failure to learn of the existence of the °957 patent would have required Lenovo
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`Beijing to deliberately avoid reviewing or understanding the prosecution documents. On
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`information and belief, Lenovo Beying would not have done so in a matter so important to the
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`Accused Products and the reverme and reputation derived therefrom.
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`333.
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`In addition, Lenovo Beying has knownthat the Accused Products sold on its
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`website and bearing its marks infringe one or more claims of the “957 patent since at least 2017,
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`or sirice at least the time that it received notice of the Original Complaint, or since at least
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`September 29, 2020.
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`336.
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`Lenovo Beijing’s Lenovo.com Domain continues to market and offer for sale the
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`Accused Portable Products bearing Lenove Betjing’s marks into the United States and Delaware
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`since the filing of the Original Complaint, which thoroughly detailed howthe Accused Portable
`
`Products infringe at least claim 19 of the °957 patent.
`
`337.
`
`Lenovo Beiing has known or should have knownsinceit first became aware of
`
`the °957 patent, and at least by September 29, 2020, that end users, importers, distributors,
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`retailers, repair and service technicians, Lenovo US and its employees and contractors, and other
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`users of the Accused Products are infringing the ’957 patent.
`
`338.
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`Lenovo Beijing is responsible for content displayed on the Lenovo.com Domain,
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`including the press releases identified in Paragraph 90 above, which encourage users of the
`
`158
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`HP Inc. - Exhibit 1005 - Page 5936
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`HP Inc. - Exhibit 1005 - Page 5936
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`
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`Accused Portable Products in the United States and Delaware to infringe at least claim 19 of the
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`°957 patent by using the Accused Portable Products. Since at least 2017, Lenovo Beijing has
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`encouraged customers to use the Accused Portable Products by providing the Lenovo.com
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`Domain to host press releases that encourage customers to use the Accused Portable Products.
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`Lenove Beving’s conduct since at least 2017 demonstrates an intent fo induce customers to
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`directly infringe at least claim 19 of the °957 patent. Lenovo Beijing’s conduct since at least
`
`2017 also demonstrates an intent to induce Lenovo US to infringe the ’957 patent by selling,
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`offering for sale, and using the Accused Portable Products.
`
`339.
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`Lenovo Bening has actively and knowmelyinduced infringement, and is actively
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`and knowingly inducing infringement of one or more claims of the °957 patent, Hterally and/or
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`equivalently, at least by inducing end users, repair and service technicians, Lenove employees
`
`and contractors, and others to use the Accused Products in an infringing manner. For example,
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`Lenevo instructs such users by way of manuals or product documentation to infringe the asserted
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`claims byusing the Accused Products. See, e.g.,
`
`
`
`349.
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`Lenovo Beijing has had knowledge of the °957 patent and its infringement of the
`
`‘OS7 patent since it first became aware of the “957 patent in 2017, and b