IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`
`
`
`
`
`
`Civil Action No. ______________
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`JURY TRIAL DEMANDED
`
`LITL LLC,
`
`v.
`
`Plaintiff,
`
`ASUSTEK COMPUTER INC., ASUS
`GLOBAL PTE. LTD., and ASUS
`TECHNOLOGY PTE. LIMITED,
`
`Defendants.
`
`
`COMPLAINT
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`
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`Plaintiff LiTL LLC (“Plaintiff” or “LiTL”) brings this action for patent infringement
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`against Defendants ASUSTeK Computer Inc., Asus Global Pte. Ltd. and Asus Technology Pte.
`
`Limited (collectively, “Defendants” or “ASUS”).
`
`INTRODUCTION
`
`1.
`
`This is a civil action for patent infringement under the laws of the United States,
`
`35 U.S.C. § 1, et seq.
`
`2.
`
`Defendants have infringed and continue to infringe one or more claims of U.S.
`
`Patent Nos. 8,289,688 (“the ’688 patent”); 8,624,844 (“the ’844 patent”); 9,563,229 (“the ’229
`
`patent “); 10,289,154 (“the ’154 patent”); 9,003,315 (“the ’315 patent”); 9,880,715 (“the ’715
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`patent”); 10,564,818 (“the ’818 patent”); and 8,612,888 (“the ’888 patent”) (collectively, the
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`“Asserted Patents”) at least by making, using, selling, offering for sale, and importing into the
`
`United States computing devices that infringe one or more claims of each of the Asserted
`
`Patents.
`
`
`
`1
`
`EX-1016
`Microsoft Inc. v. LiTL LLC
`
`
`FOR THE DISTRICT OF DELAWARE
`
`
`
`
`
`
`
`Civil Action No. ______________
`
`JURY TRIAL DEMANDED
`
`LITL LLC,
`
`v.
`
`Plaintiff,
`
`ASUSTEK COMPUTER INC., ASUS
`GLOBAL PTE. LTD., and ASUS
`TECHNOLOGY PTE. LIMITED,
`
`Defendants.
`
`
`COMPLAINT
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Plaintiff LiTL LLC (“Plaintiff” or “LiTL”) brings this action for patent infringement
`
`against Defendants ASUSTeK Computer Inc., Asus Global Pte. Ltd. and Asus Technology Pte.
`
`Limited (collectively, “Defendants” or “ASUS”).
`
`INTRODUCTION
`
`1.
`
`This is a civil action for patent infringement under the laws of the United States,
`
`35 U.S.C. § 1, et seq.
`
`2.
`
`Defendants have infringed and continue to infringe one or more claims of U.S.
`
`Patent Nos. 8,289,688 (“the ’688 patent”); 8,624,844 (“the ’844 patent”); 9,563,229 (“the ’229
`
`patent “); 10,289,154 (“the ’154 patent”); 9,003,315 (“the ’315 patent”); 9,880,715 (“the ’715
`
`patent”); 10,564,818 (“the ’818 patent”); and 8,612,888 (“the ’888 patent”) (collectively, the
`
`“Asserted Patents”) at least by making, using, selling, offering for sale, and importing into the
`
`United States computing devices that infringe one or more claims of each of the Asserted
`
`Patents.
`
`
`
`1
`
`EX-1016
`Microsoft Inc. v. LiTL LLC
`
`
`
`3.
`
`LiTL is the legal owner by assignment of the entire right, title, and interest in and
`
`to the Asserted Patents, which were duly and legally issued by the United States Patent and
`
`Trademark Office (“USPTO”). LiTL seeks monetary damages and injunctive relief to address
`
`past and ongoing infringement of its valuable patent portfolio.
`
`THE PARTIES
`
`4.
`
`Plaintiff LiTL LLC is a Delaware company, having its principal place of
`
`business at 501 Boylston Street, Boston, Massachusetts 02116.
`
`5.
`
`On information and belief, Defendant ASUSTek Computer Inc. (“ASUSTeK”)
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`is a company organized under the laws of Taiwan, having its principal place of business at No.
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`15, Li-Te Road, Beitou District, Taipei 112, Taiwan.
`
`6.
`
`On information and belief, Defendant Asus Global Pte. Ltd. (“ASGL”) is a
`
`company organized under the laws of Singapore, having an address at 15A Changi Business Park
`
`Central 1, #05-01 Eightrium, Singapore 486035, Singapore. According to ASUSTeK’s 2021
`
`annual report, Asus Global is a wholly-owned, direct subsidiary of ASUSTeK.
`
`https://www.asus.com/EVENT/Investor/Content/attachment_en/2021_ir_report_en.pdf, p. 163.
`
`7.
`
`On information and belief, Defendant Asus Technology Pte. Limited (“ASTP”)
`
`is a company organized under the laws of Singapore, having an address at 9 Changi Business
`
`Park Vista, #07-03/04 Das Spektrum, Singapore 486041, Singapore. According to ASUSTeK’s
`
`2021 annual report, Asus Technology is a wholly-owned, indirect subsidiary of ASUSTeK.
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`https://www.asus.com/EVENT/Investor/Content/attachment_en/2021_ir_report_en.pdf, p. 164.
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`JURISDICTION AND VENUE
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`8.
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`This action arises under the patent laws of the United States, Title 35 of the
`
`United States Code. This Court has subject matter jurisdiction over this action pursuant to 28
`
`U.S.C. §§ 1331 and 1338(a).
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`
`
`2
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`
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`9.
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`Defendants are subject to specific jurisdiction in this District under Federal Rule
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`of Civil Procedure 4(k)(1) and the Del. Code. Ann. Tit. 20, § 3104 (the “Delaware Long Arm
`
`Statute”) due to at least Defendants’ substantial business in this forum, including: (i) at least a
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`portion of the infringements alleged herein; and (ii) regularly doing or soliciting business,
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`engaging in other persistent courses of conduct, and/or deriving substantial revenue from goods
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`and services provided to individuals in this District.
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`10.
`
`Alternatively, Defendants are subject to specific jurisdiction in this District
`
`under Federal Rule of Civil Procedure 4(k)(2) at least because Defendants purposefully directed
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`their infringing activities to the United States and Delaware through an established distribution
`
`channel.
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`11.
`
`On information and belief, ASUSTeK “is a manufacturer and seller of consumer
`
`electronic equipment such as laptop computers.” Photonic Imaging Solutions, Inc. v. ASUSTek
`
`Computer Inc., No. 1:18-cv-00488, D.I. 13 (Answer), ¶ 2 (D. Del. Jan. 4, 2019).
`
`12.
`
`On information and belief, ASUSTeK was involved in researching and
`
`developing the Accused Products (defined below).
`
`13.
`
`On information and belief, ASUSTeK has sold products to ASTP. See Graphics
`
`Properties Holdings Inc. v. Asus Computer International Inc., No. 1:12-cv-00210, D.I. 14,
`
`Declaration of Yvette Wang, ¶ 9 (D. Del. May 14, 2012).
`
`14.
`
`On information and belief, ASUSTeK sells products to ASGL. According to
`
`ASUS’s 2021 annual report, ASUSTeK made over 92% of its sales in 2021 to ASGL.
`
`https://www.asus.com/EVENT/Investor/Content/attachment_en/2021_ir_report_en.pdf, p. 279.
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`15.
`
`On information and belief, ASTP provides financing to ASGL.
`
`https://www.asus.com/EVENT/Investor/Content/attachment_en/2021_ir_report_en.pdf, p. 275.
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`
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`3
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`
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`16.
`
`On information and belief, ASGL sells products to ASUS Computer
`
`International (“ACI”), a California corporation located in California. According to ASUS’s 2021
`
`annual report, ASGL made over 21% of its sales in 2021 to ACI.
`
`https://www.asus.com/EVENT/Investor/Content/attachment_en/2021_ir_report_en.pdf, p. 279.
`
`On information and belief, in 2022 ASGL shipped ACI over 400 containers containing over 1
`
`million notebook computers. On information and belief, these shipments included the Accused
`
`Products.
`
`17.
`
`On information and belief, ASTP has sold and shipped products to ACI. See
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`Graphics Properties Holdings Inc. v. Asus Computer International Inc., No. 1:12-cv-00210, D.I.
`
`16, Declaration of Godwin Yan, ¶ 9 (D. Del. May 14, 2012).
`
`18.
`
`On information and belief, ASUSTeK has sold and continues to sell the Accused
`
`Products to ASGL.
`
`19.
`
`On information and belief, ASGL’s purchases of the Accused Products have
`
`been financed and continue to be financed, at least in part, by ASTP.
`
`20.
`
`On information and belief ASGL has sold and continues to sell the Accused
`
`Products to ACI in the United States.
`
`21.
`
`According to ASUSTeK’s 2021 annual report, revenues from the United States
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`accounted for about 19% (i.e., 101,713,640 / 535,237,735) of ASUSTeK’s global revenues in
`
`2021 and about 20% (i.e., 83,838,466 / 412,780,439) in 2020.
`
`https://www.asus.com/EVENT/Investor/Content/attachment_en/2021_ir_report_en.pdf, p. 274.
`
`22.
`
`The Accused Products are offered for sale and sold to residents of Delaware
`
`from ASUSTeK’s website. For example, on January 23, 2023, a VivoBook Go 14 Flip was
`
`
`
`4
`
`
`
`purchased from ASUSTeK’s website (https://www.asus.com/us/laptops/for-
`
`home/vivobook/vivobook-go-14-flip-j1400/) by a resident of Delaware.
`
`23.
`
`On information and belief, Best Buy and Costco are part of Defendants’
`
`established distribution channel. For example:
`
`
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`https://promos.asus.com/US/where_to_buy/index.htm
`
`24.
`
`On information and belief, the Accused Products are offered for sale and sold to
`
`residents of Delaware by Best Buy for pickup at Best Buy stores located in Delaware. For
`
`example, on January 23, 2023, a VivoBook Flip 14 was purchased by a resident of Delaware
`
`from Best Buy’s website (https://www.bestbuy.com/site/asus-vivobook-flip-14-j401ma-14-
`
`laptop-intel-pentium-silver-4-gb-memory-128-gb-emmc/6507132.p?skuId=6507132) for pickup
`
`at a Best Buy store located at 4807 Concord Pike, Wilmington, Delaware.
`
`
`
`5
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`
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`25.
`
`On January 30, 2023, Best Buy’s website offered for sale a convertible Zenbook,
`
`an Accused Product, for pickup at Best Buy’s “Concord Pike” store, located at 4807 Concord
`
`Pike, Wilmington, Delaware.
`
`https://www.bestbuy.com/site/asus-zenbook-flip-2-in-1-15-6-oled-touch-screen-laptop-intel-evo-
`
`core-i7-intel-arc-a370m-16gb-memory-1tb-ssd-azurite-blue/6501009.p?skuId=6501009
`
`
`
`
`
`6
`
`
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`26.
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`On January 30, 2023, Best Buy’s website offered for sale a convertible ROG
`
`laptop, an Accused Product, for pickup at Best Buy’s “Christiana” store, located at 2700 Fashion
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`Center Blvd in Newark, Delaware.
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`https://www.bestbuy.com/site/asus-rog-13-4-touchscreen-gaming-laptop-amd-ryzen-9-16gb-
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`memory-nvidia-geforce-rtx-3050-ti-v4g-graphics-1tb-ssd-off-black/6494640.p?skuId=6494640
`
`
`
`27.
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`On information and belief, the Accused Products are offered for sale to residents
`
`of Delaware by Costco for pickup at a Costco store located in Delaware. On January 30, 2023,
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`
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`
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`7
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`Costco’s website offered for sale a convertible VivoBook, an Accused Product, for pickup at
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`Costco’s “Christiana” store, located at 900 Center Blvd S in Newark, Delaware 19702.
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`
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`https://www.costco.com/asus-14%22-vivobook-tn3402qa-2-in1-touchscreen-laptop---amd-
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`ryzen-7-5800h----wuxga-(1920-x-1200)---windows-11.product.4000038231.html
`
`28.
`
`In IPA Technologies Inc. v. ASUS Computer International et al, No. 1:17-cv-
`
`00120, D.I. 7 (Answer), ¶ 5 (D. Del. May 2, 2017), ASUSTeK admitted that “it is subject to
`
`personal jurisdiction in this District for this particular case only.”
`
`29.
`
`In Photonic Imaging Solutions, Inc. v. ASUSTek Computer Inc., No. 1:18-cv-
`
`00488, D.I. 13 (Answer), ¶ 4 (D. Del. Jan. 4, 2019), ASUSTeK stated that “ASUSTeK does not
`
`object to this Court exercising personal jurisdiction over ASUSTeK for the purpose of this case
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`only.”
`
`30.
`
`On information and belief, ASUSTeK, ASGL and ASTP maintain purposeful
`
`contacts with this District and with the United States, including but not limited to: (1) ASUSTeK
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`researches and develops the Accused Products, (2) ASUSTeK makes or has made the Accused
`
`
`
`8
`
`
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`Products; (3) ASUSTeK sells the Accused Products to ASGL with financing from ASTP, and
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`ASGL sells the Accused Products to ACI in the United States; (4) ACI sells the Accused
`
`Products to resellers such as Best Buy and Costco, which have locations in Delaware; (5)
`
`Defendants put the Accused Products into ASUS’s established distribution channel that targets
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`Delaware and the United States; and (6) on information and belief, each of Defendants put the
`
`Accused Products into the stream of commerce with the expectation that some of the Accused
`
`Products will be purchased by consumers in Delaware and throughout the United States.
`
`31.
`
`Venue is proper in this District under 28 U.S.C. §§ 1391 and 1400(b).
`
`Defendants do not reside in the United States and venue lies in any judicial district pursuant to
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`28 U.S.C. § 1391(c)(3). Upon information and belief, Defendants have transacted business in
`
`this District and have committed acts of direct and indirect infringement in this District by,
`
`among other things, making, using, offering to sell, selling, and/or importing products that
`
`infringe the Asserted Patents.
`
`FACTUAL BACKGROUND
`
`LiTL’s Patented Technologies
`
`32.
`
`In 2007, John Chuang had a vision for a new type of computer. He recognized
`
`that traditional computers are designed to meet the needs of everyone from a six year old to the
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`largest employers on earth. Mr. Chuang set out to build a computer for the home that offered a
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`simplified operating environment. Mr. Chuang founded LiTL and assembled a team of hardware
`
`and software engineers and user interface designers to achieve his vision.
`
`
`
`9
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`
`
`33.
`
`LiTL developed a webbook, a portable computing device, which launched in
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`2009. LiTL focused on how a family typically uses the Internet in the home, and optimized the
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`webbook’s user interface for consuming Internet content.
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`
`
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`http://web.archive.org/web/20091204052449/www.litl.com/essays/hardware.htm
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`
`34.
`
`The webbook provided multiple display modes. In laptop mode, users access a
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`keyboard and touchpad to browse the Internet and access apps that can be arranged as a set of
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`cards.
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`
`
`10
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`
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`http://web.archive.org/web/20091204052449/http://www.litl.com/essays/hardware.htm
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`
`35.
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`Rotating the webbook display into “easel mode” allows users to easily consume
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`content from the Internet via a streamlined, intuitive interface.
`
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`http://web.archive.org/web/20091201114605/http://www.litl.com/easy-to-use/intuitive-
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`
`
`interface.htm
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`
`
`11
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`
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`36.
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`In easel mode the webbook’s keyboard faces away from the user, and content is
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`enlarged on the display for easier viewing from further away.
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`http://web.archive.org/web/20130420102239/http://litl.com/webbook/meet-webbook/more-
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`fun.htm
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`37.
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`The webbook can also be configured in “frame mode,” in which the keyboard
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`faces down into the surface on which the webbook rests.
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`’688 patent, Figure 26.
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`
`
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`12
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`38.
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`The webbook delivers content from a user’s favorite websites via “channels” to
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`provide an experience that resembles watching television.
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`
`
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`http://web.archive.org/web/20091204052453/http://www.litl.com/essays/software.htm
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`39.
`
`LiTL’s investment in innovation has produced a portfolio that includes over 20
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`patents in the United States and other countries across the globe.
`
`LiTL’s Asserted Patents
`
`40.
`
`This complaint focuses on eight LiTL patents directed to various aspects of
`
`computing devices that can be used in multiple display modes.
`
`
`
`13
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`
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`41.
`
`LiTL is the current owner by assignment of the entire right, title, and interest in
`
`and to the ’688 patent titled “Portable computer with multiple display configurations.” The ’688
`
`patent was duly and legally issued on October 16, 2012. The patent is generally directed to
`
`portable computers configurable between a plurality of display modes. A copy of the ʼ688 patent
`
`is attached as Exhibit A.
`
`42.
`
`LiTL is the current owner by assignment of the entire right, title, and interest in
`
`and to the ’844 patent titled “Portable computer with multiple display configurations.” The ’844
`
`patent was duly and legally issued on January 7, 2014. The patent is generally directed to
`
`portable computers configurable between a plurality of display modes. A copy of the ʼ844 patent
`
`is attached as Exhibit B.
`
`43.
`
`LiTL is the current owner by assignment of the entire right, title, and interest in
`
`and to the ’229 patent titled “Portable computer with multiple display configurations.” The ’229
`
`patent was duly and legally issued on February 7, 2017. The patent is generally directed to
`
`portable computers configurable between a plurality of display modes. A copy of the ʼ229 patent
`
`is attached as Exhibit C.
`
`44.
`
`LiTL is the current owner by assignment of the entire right, title, and interest in
`
`and to the ’154 patent titled “Portable computer with multiple display configurations.” The ’154
`
`patent was duly and legally issued on May 14, 2019. The patent is generally directed to portable
`
`computers configurable between a plurality of display modes. A copy of the ʼ154 patent is
`
`attached as Exhibit D.
`
`45.
`
`LiTL is the current owner by assignment of the entire right, title, and interest in
`
`and to the ’315 patent titled “System and method for streamlining user interaction with electronic
`
`content.” The ’315 patent was duly and legally issued on April 7, 2015. The patent is generally
`
`
`
`14
`
`
`
`directed to a user interface configured to display a plurality of views of computer content. A
`
`copy of the ʼ315 patent is attached as Exhibit E.
`
`46.
`
`LiTL is the current owner by assignment of the entire right, title, and interest in
`
`and to the ’715 patent titled “System and method for streamlining user interaction with electronic
`
`content.” The ’715 patent was duly and legally issued on January 30, 2018. The patent is
`
`generally directed to a user interface configured to display a plurality of views of computer
`
`content. A copy of the ʼ715 patent is attached as Exhibit F.
`
`47.
`
`LiTL is the current owner by assignment of the entire right, title, and interest in
`
`and to the ’818 patent titled “System and method for streamlining user interaction with electronic
`
`content.” The ’818 patent was duly and legally issued on February 18, 2020. The patent is
`
`generally directed to a user interface configured to display a plurality of views of computer
`
`content. A copy of the ʼ818 patent is attached as Exhibit G.
`
`48.
`
`LiTL is the current owner by assignment of the entire right, title, and interest in
`
`and to the ’888 patent titled “Method and apparatus for managing digital media content.” The
`
`’888 patent was duly and legally issued on December 17, 2013. The patent relates generally to
`
`accessing and managing digital media libraries on streamlined computing devices with a
`
`plurality of selectable I/O profiles. A copy of the ʼ888 patent is attached as Exhibit H.
`
`49.
`
`LiTL has complied with its obligations under 35 U.S.C. § 287 for each of the
`
`Asserted Patents.
`
`50.
`
`The Asserted Patents are well-known to personal computing companies because
`
`the Asserted Patents and their published applications have been frequently cited during
`
`prosecution of patent applications owned by personal computing companies.
`
`
`
`15
`
`
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`51.
`
`The Asserted Patents belong to a family whose members have been cited in over
`
`1,000 third-party patents and published applications.
`
`52.
`
`The ’688 patent and its corresponding published application have been cited in
`
`over 250 patents or published applications, including many that are assigned to major players in
`
`the personal computing space such as ASUS.
`
`53.
`
`The ’229, ’154, ’315, ’715, ’818 and ’888, patents are descendants of the ’688
`
`patent.
`
`54.
`
`Given the numerous patents directed to ASUSTeK’s convertible laptops, the
`
`citations to the ’688 patent and corresponding published applications in ASUSTeK’s own patent
`
`applications, on information and belief ASUSTeK was aware of each of the Asserted Patents
`
`before the filing of this Complaint and knew that ASUSTeK’s convertible design infringes the
`
`Asserted Patents.
`
`ASUS’s Incorporation of LiTL’s Patented Technologies into Its Computing Devices
`
`55.
`
`The allegations provided below are exemplary and without prejudice to LiTL’s
`
`infringement contentions. In providing these allegations, LiTL does not convey or imply any
`
`particular claim constructions or the precise scope of the claims. LiTL’s claim construction
`
`contentions regarding the meaning and scope of the claim terms will be provided under the
`
`Court’s scheduling order and local rules.
`
`56.
`
`The infringing products include, but are not limited to, ZenBook Flip; ZenBook
`
`Flip S13; Zenbook Flip 13; Zenbook Flip 14; Zenbook 14 Flip; Zenbook Flip 15; Zenbook Pro
`
`Flip 15; Zenbook Pro 15 Flip; VivoBook Flip 12; Vivobook 13 Slate; VivoBook Flip 14;
`
`VivoBook S14 Flip; VivoBook Go 14 Flip; VivoBook Flip 15; ExpertBook B3 Flip; ExpertBook
`
`B5 Flip; ExpertBook B7 Flip; NovaGo; BR1100F (11.6 inch); Q304UA (13.3 inch); Q325UA
`
`(13.3 inch); Q504UA (15.6 inch); Q505UA (15.6 inch); Q524 (15.6 inch); Q525 (15.6 inch);
`
`
`
`16
`
`
`
`Q526 (15.6 inch); Q536 (15.6 inch); Transformer Book Flip; ROG Flow X13; and ROG Flow
`
`X16 (“Accused Products”). The Accused Products are non-limiting examples that were
`
`identified based on publicly available information, and LiTL reserves the right to identify
`
`additional infringing activities, products and services, including, for example, on the basis of
`
`information obtained during discovery.
`
`57.
`
`While each of the Accused Products are convertible models, ASUS also offers at
`
`least three product lines which can be sold in a conventional laptop configuration as an
`
`alternative to the infringing convertible configuration (e.g., ZenBook, VivoBook, and
`
`ExpertBook). ASUS distinguishes conventional laptops from convertible models by labelling
`
`the latter with a “Flip” designation in the product name:
`
`• ZenBook: https://press.asus.com/#/news/details?solo=174 (distinguishing the
`
`ZenBook 13 (UX325) with the ZenBook Flip 13 (UX363) by emphasizing that the
`
`latter features “a precision-engineered 360° ErgoLift hinge that allows versatile
`
`usage modes: laptop, tablet, tent, stand, or anything in between”)
`
`• VivoBook: https://press.asus.com/#/news/details?solo=174 (distinguishing between
`
`the VivoBook 14 (K413/X413) and VivoBook Flip 14 (TP470) by emphasizing that
`
`the latter features a “360° hinge that allows it to be used in laptop, stand, tent and
`
`tablet modes — or anything in between”)
`
`• ExpertBook: https://press.asus.com/#/news/details?solo=2296 (distinguishing the
`
`ExpertBook B5 and the ExpertBook B5 Flip by noting that the latter “additionally
`
`benefits from a 360° any-position hinge that gives it unrivaled flexibility for all
`
`aspects of the working day, from focused productivity to collaborative online
`
`meetings, including tablet, tent, stand and traditional modes”)
`
`
`
`17
`
`
`
`58.
`
`On information and belief, the Accused Products are all convertible devices
`
`comprising a 360° hinge, which are capable of being used in multiple modes, including laptop
`
`mode, tent mode, tablet mode, and stand mode. For example:
`
`• ZenBook Flip (UX360) (April 12, 2016):
`
`https://press.asus.com/#/news/details?solo=83
`
`• VivoBook Flip 15 (TP501) (January 5, 2017):
`
`https://press.asus.com/#/news/details?solo=98
`
`• Zenbook Flip 14 (UX461) and Zenbook Flip 15 (UX561) (August 30, 2017):
`
`https://press.asus.com/#/news/details?solo=114
`
`• NovaGo (TP370) (December 6, 2017):
`
`https://press.asus.com/#/news/details?solo=120
`
`• Zenbook Flip 13 (UX362) and Zenbook Flip 15 (UX562) (August 30, 2018):
`
`https://press.asus.com/#/news/details?solo=139
`
`• Zenbook Flip S13 (UX371), Zenbook Flip 13 (UX363), Zenbook Flip 15 (UX564),
`
`and VivoBook Flip 14 (TP470) (September 3, 2020):
`
`https://press.asus.com/#/news/details?solo=174
`
`• BR1100F (11.6 inch) (January 14, 2021):
`
`https://press.asus.com/#/news/details?solo=175
`
`• Vivobook 13 Slate (T3300) (November 3, 2021):
`
`https://press.asus.com/#/news/details?solo=182
`
`• VivoBook Go 14 Flip (TP400) (November 23, 2021):
`
`https://press.asus.com/#/mediaResources/videos/details?index=9
`
`
`
`18
`
`
`
`• Zenbook Pro Flip 15 (UP6502) (May 10, 2022):
`
`https://press.asus.com/#/news/details?solo=198
`
`• VivoBook S14 Flip (TP3402) (July 7, 2022):
`
`https://press.asus.com/#/mediaResources/videos/details?index=121
`
`• ROG Flow X13 (GV301) and ROG Flow X16 (GV601) (January 3, 2023):
`
`https://press.asus.com/#/news/details?solo=3341
`
`59.
`
`Defendants make, use, sell, offer for sale and import the Zenbook Flip 13
`
`(UX363) and the device’s features are described on ASUS’s website and other platforms in
`
`various places, including but not limited to:
`
`• https://www.asus.com/us/laptops/for-home/zenbook/zenbook-flip-13-oled-ux363-
`
`11th-gen-intel/ (“Zenbook Flip 13 (UX363) Webpage”)
`
`• https://www.asus.com/us/laptops/for-home/zenbook/zenbook-flip-13-oled-ux363-
`
`11th-gen-intel/techspec/ (“Zenbook Flip 13 (UX363) Specifications”)
`
`• https://dlcdnets.asus.com/pub/ASUS/nb/Customer_self_repair_guide/UX363EA/
`
`(“Zenbook Flip 13 (UX363) Maintenance and Service Guide”)
`
`• https://dlcdnets.asus.com/pub/ASUS/nb/UX363EA/ (“Zenbook Flip 13 (UX363)
`
`User Manual”)
`
`• https://www.youtube.com/watch?v=9W7FWNjMc3w&t=20s (“Zenbook Flip 13
`
`(UX363) Video”)
`
`60.
`
`The product overview and user manual for the Zenbook Flip 13 (UX363)
`
`describe at least four operating modes. For example, the webpage explains that “[t]he 360°
`
`ErgoLift hinge…offers the versatility to work or relax using…laptop, tent, stand or tablet
`
`[mode].” See Zenbook Flip 13 (UX363) Webpage.
`
`
`
`19
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`See, e.g., Zenbook Flip 13 (UX363) User Manual, pp. 46-47.
`
`61.
`
`The keyboard and touchpad are automatically disabled in three of the four
`
`operating modes.
`
`
`
`20
`
`
`
`See, e.g., Zenbook Flip 13 (UX363) User Manual, p. 47.
`
`62.
`
`On information and belief, the Accused Products identified in the table below are
`
`capable of operating in the four operating modes described in the preceding paragraphs:
`
`
`
`ZenBook Flip
`(UX360)
`ZenBook Flip S13
`(UX371)
`Zenbook Flip 13
`(UX362)
`Zenbook Flip 13
`(BX363)
`Zenbook Flip 13
`(UX363)
`Zenbook Flip 14
`(UX461)
`Zenbook Flip 14
`(UX463)
`Zenbook 14 Flip
`(UP5401)
`Zenbook 14 Flip
`(UM462)
`Zenbook Flip 15
`(Q538)
`Zenbook Flip 15
`(UM562)
`Zenbook Flip 15
`(UX561)
`Zenbook Flip 15
`(UX562)
`
`https://www.asus.com/laptops/for-home/zenbook/zenbook-flip-
`ux360/techspec/
`
`https://www.asus.com/us/laptops/for-home/zenbook/zenbook-
`flip-s13-oled-ux371-11th-gen-intel/techspec/
`
`https://www.asus.com/laptops/for-home/zenbook/zenbook-flip-
`13-ux362/techspec/
`
`https://dlcdnets.asus.com/pub/ASUS/nb/UX363EA/E17848_UX
`363EA_EM_V3_WEB.pdf?model=bx363ea
`
`https://www.asus.com/us/laptops/for-home/zenbook/zenbook-
`flip-13-oled-ux363-11th-gen-intel/techspec/
`https://www.asus.com/us/laptops/for-home/zenbook/asus-
`zenbook-flip-14-ux461/techspec/
`https://www.asus.com/laptops/for-home/zenbook/zenbook-
`flip-14-ux463/techspec/
`https://www.asus.com/laptops/for-home/zenbook/zenbook-14-flip-
`oled-up5401-11th-gen-intel/techspec/
`https://www.asus.com/laptops/for-home/zenbook/zenbook-
`flip-14-um462/techspec/
`https://www.asus.com/us/laptops/for-
`home/zenbook/zenbook-flip-15-q538ei/techspec/
`https://www.asus.com/laptops/for-home/zenbook/zenbook-
`flip-15-um562/techspec/
`https://www.asus.com/laptops/for-home/zenbook/zenbook-
`flip-ux561/techspec/
`https://www.asus.com/laptops/for-
`home/zenbook/zenbook-flip-15-ux562/techspec/
`
`
`
`21
`
`
`
`Zenbook Flip 15
`(UX563)
`Zenbook Flip 15
`(UX564)
`Zenbook Pro 15 Flip
`(Q528)
`VivoBook Flip 12
`(TP202)
`VivoBook Flip 12
`(TP203)
`VivoBook Flip 14
`(TP401)
`VivoBook Flip 14
`(TP410)
`VivoBook Flip 14
`(TP412)
`VivoBook Flip 14
`(TM420)
`VivoBook Flip 14
`(TP470)
`VivoBook Flip 15
`(TP501)
`ExpertBook B3 Flip
`(B3402)
`ExpertBook B5 Flip
`(B5302)
`ExpertBook B7 Flip
`(B7402)
`NovaGo (TP370)
`
`https://www.asus.com/laptops/for-home/zenbook/zenbook-flip-15-
`ux563/techspec/
`https://www.asus.com/laptops/for-home/zenbook/zenbook-flip-15-
`ux564/techspec/
`https://www.asus.com/us/laptops/for-
`home/zenbook/q528eh/techspec/
`https://www.asus.com/us/laptops/for-home/vivobook/asus-vivobook-
`flip-12-tp202/techspec/
`https://www.asus.com/laptops/for-
`home/vivobook/vivobook-flip-12-tp203/techspec/
`https://www.asus.com/laptops/for-
`home/vivobook/vivobook-flip-14-tp401/techspec/
`https://www.asus.com/laptops/for-
`home/vivobook/vivobook-flip-14-tp410/techspec/
`https://www.asus.com/us/laptops/for-
`home/vivobook/asus-vivobook-flip-14-tp412/techspec/
`https://www.asus.com/us/laptops/for-
`home/vivobook/vivobook-flip-14-tm420/
`https://www.asus.com/us/laptops/for-
`home/vivobook/vivobook-flip-14-tp470/techspec/
`https://www.asus.com/laptops/for-home/vivobook/vivobook-
`flip-15-tp501/techspec/
`
`https://www.asus.com/laptops/for-
`work/expertbook/expertbook-b3-flip-b3402
`
`https://www.asus.com/laptops/for-
`work/expertbook/expertbook-b5-flip-b5302
`
`https://www.asus.com/laptops/for-
`work/expertbook/expertbook-b7-flip-b7402
`
`https://dlcdnets.asus.com/pub/ASUS/GamingNB/TP370QL/
`0409_E14198_TP370QL_V4_A.pdf?model=TP370QL
`
`BR1100F (11.6
`https://www.asus.com/us/laptops/for-students/all-series/asus-
`br1100f/
`inch)
`Q304UA (13.3 inch) https://dlcdnets.asus.com/pub/ASUS/nb/Q304UA/0409_E11
`208_Q304UA_A.pdf?model=q304ua
`Q325UA (13.3 inch) https://dlcdnets.asus.com/pub/ASUS/nb/UX370UA/0409_E1
`2160_UX370_C.pdf?model=q325ua
`
`
`
`22
`
`
`
`Q504UA (15.6 inch) https://dlcdnets.asus.com/pub/ASUS/nb/UX560UA/0409_E1
`1237_UX560UA_Q504UA_A.pdf?model=q504ua
`Q505UA (15.6 inch) https://dlcdnets.asus.com/pub/ASUS/nb/UX561UAR/0409_
`E12529_UX561UA_UN_Q505_525_D.pdf?model=q505ua
`
`Q524 (15.6 inch)
`
`https://dlcdnets.asus.com/pub/ASUS/nb/UX560UA/0409_E1
`1237_UX560UA_Q504UA_A.pdf?model=q524uq
`
`Q525 (15.6 inch)
`
`Q526 (15.6 inch)
`
`Q536 (15.6 inch)
`
`Transformer Book
`Flip (TP200)
`Transformer Book
`Flip (TP500)
`Transformer Book
`Flip (TP550)
`ROG Flow X13
`(GV301)
`
`https://dlcdnets.asus.com/pub/ASUS/nb/UX560UA/0409_E1
`1237_UX560UA_Q504UA_A.pdf?model=q524uq
`
`https://dlcdnets.asus.com/pub/ASUS/nb/UX392FN/0409_E1
`4852_UX562FA_A.pdf?model=q526fa
`
`https://dlcdnets.asus.com/pub/ASUS/nb/UX562FD/0409_E1
`4205_UX562FD_FN_D.pdf?model=Q536FD
`
`https://www.asus.com/ca-en/site/2-in-1/asus-transformer-
`book-flip/
`
`https://www.asus.com/ca-en/site/2-in-1/asus-transformer-
`book-flip/
`
`https://www.asus.com/ca-en/site/2-in-1/asus-transformer-
`book-flip/
`
`https://rog.asus.com/us/laptops/rog-flow/2021-rog-flow-x13-
`series/
`
`
`
`63.
`
`As detailed below, each element of at least one claim of each of the Asserted
`
`Patents is literally present in the Accused Products, or is literally practiced by ASUS personnel,
`
`agents, customers or resellers who use the Accused Products. To the extent that any element is
`
`not literally present or practiced, each such element is present or practiced under the doctrine of
`
`equivalents.
`
`64.
`
`ASUS has made extensive use of LiTL’s patented technologies, including the
`
`technology described and claimed in the Asserted Patents. LiTL is committed to defending its
`
`proprietary and patented technology. LiTL requests that this Court award it damages sufficient
`
`to compensate for ASUS’s infringement of the Asserted Patents, find this case exceptional and
`
`
`
`23
`
`
`
`award LiTL its attorneys’ fees and costs, and grant an injunction against ASUS to prevent
`
`ongoing infringement of the Asserted Patents.
`
`COUNT I
`
`(Infringement of U.S. Patent No. 8,289,688)
`
`65.
`
`LiTL incorporates by reference and realleges all the foregoing paragraphs of the
`
`Complaint as if fully set forth herein.
`
`ASGL’s Direct Infringement
`
`66.
`
`ASGL has directly infringed and continues to directly infringe, literally and/or
`
`equivalently, one or more claims of the ʼ688 patent, including at least claim 19, including by
`
`selling and offering for sale in the United States the Accused Products.
`
`67.
`
`The Accused Products (e.g., the Zenbook Flip 13 (UX363)) are portable
`
`computers that include a base unit comprising an integrated keyboard and a single display unit
`
`including a single display screen configured to display content. For example:
`
`
`
`68.
`
`The Accused Products (e.g., the Zenbook Flip 13 (UX363)) include an
`
`
`
`orientation sensor which detects a physical orientation of the single display unit relative to the
`
`
`
`24
`
`
`
`base unit and a display orientation module which orients the content displayed on the single
`
`display screen responsive to the physical orientation detected by the orientation sensor between at
`
`least a first content display orientation and a second content display orientation, the second
`
`content display orientation being 180 degrees relative to the first content display orientation. For
`
`example:
`
`Screenshot from Zenbook Flip 13 (UX363), Device Manager
`
`
`
`
`
`25
`
`
`
`First content display orientation in laptop mode
`
`Second content display orientation in easel mode
`
`
`
`
`
`69.
`
`The Accused Products (e.g., the Zenbook Flip 13 (UX363)) include a display
`
`orientation module that is configured to detect a change between a laptop mode, an easel mode,
`
`and a frame mode based on the detected physical orientation of the single display unit relative to
`
`the base unit. For example:
`
`
`
`26
`
`
`
`Laptop mode
`
`
`
`Easel mode
`
`Frame mode
`
`
`
`
`
`
`
`27
`
`
`
`70.
`
`The Accused Products (e.g., the Zenbook Flip 13 (UX363)) include a display
`
`orientation module further configured to trigger a display inversion from one of the first and
`
`second content display orientations to the other of the first and second content display
`
`orientations responsive to the orientation sensor detecting the change between the laptop mode
`
`and the easel mode. For example:
`
`First content display orientation in laptop mode
`
`
`Second content display orientation in easel mode
`
`
`
`
`
`71.
`
`The Accused Products (e.g., the Zenbook Flip 13 (UX363)) include a display
`
`orientation module further configured to trigger a display inversion from one of the first and
`
`second content display orientations to the other of the first and second content display
`
`
`
`28
`
`
`
`orientations responsive to the orientation sensor detecting the change between the easel mode and
`
`the frame mode. For example:
`
`Easel mode
`
`
`Frame mode
`
`Induced Infringement by ASGL and ASTP
`
`
`
`
`
`72.
`
`Since at least the filing of this Complaint, ASGL and ASTP know of the ’688
`
`patent and know that the Accused Products infringe at least claim 19 of the ’688 patent when
`
`sold or offered for sale by ASGL to ACI, when imported into the United States, when sold or
`
`
`
`29
`
`
`
`offered for sale by ACI or by resellers such as Best Buy and Costco, and when used by cus
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