`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`
`
`LITL LLC,
`
`
`
`v.
`
`LENOVO (UNITED STATES), INC. and
`LENOVO (BEIJING) LTD.
`
`
`
`
`
`
`
`
`Plaintiff,
`
`Defendants.
`
`
`
`
`
`Civil Action No. ____________
`
`JURY TRIAL DEMANDED
`
`
`
`COMPLAINT
`
`Plaintiff LiTL LLC (“LiTL”) brings this action for patent infringement against
`
`Defendants Lenovo (United States), Inc. and Lenovo (Beijing) Ltd. (collectively “Lenovo”).
`
`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, have induced and continue to
`
`induce the infringement of, and have contributed to and continue to contribute to the
`
`infringement of one or more claims of U.S. Patent Nos. 8,289,688 (“the ’688 patent”); 8,624,844
`
`(“the ’844 patent”); 10,289,154 (“the ’154 patent”); 9,880,715 (“the ’715 patent”); 8,612,888
`
`(“the ’888 patent”); and 8,577,957 (“the ’957 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.
`
`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
`
`
`
`EX-1024
`Microsoft Inc. v. LiTL LLC
`
`

`

`
`
`Trademark Office (“USPTO”). LiTL seeks monetary damages and injunctive relief to address
`
`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.
`
`Defendant Lenovo (United States), Inc. (“Lenovo US”) is a corporation organized
`
`under the laws of the State of Delaware, with its principal place of business at 1009 Think Place,
`
`Building One, Morrisville, North Carolina 27560. Lenovo US is a wholly-owned, indirect
`
`subsidiary of Lenovo Group, the ultimate parent corporation.
`
`6.
`
`Defendant Lenovo (Beijing) Ltd. (“Lenovo Beijing”) is a company organized
`
`under the laws of the People’s Republic of China, with its principal place of business at No. 6
`
`Chuang Ye Road, Shangdi Information Industry Base, Haidan District, Beijing, China. Lenovo
`
`Beijing is a wholly-owned subsidiary of Lenovo Group.
`
`JURISDICTION AND VENUE
`
`7.
`
`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).
`
`8.
`
`Defendants are subject to this Court’s personal jurisdiction. Lenovo US is
`
`incorporated in this District. Upon information and belief, Defendants have continuous and
`
`systematic business contacts with the State of Delaware. Upon information and belief,
`
`Defendants, directly and through subsidiaries and intermediaries (including distributors, retailers,
`
`and others) have purposefully and voluntarily placed the Accused Products (defined below) into
`
`this District and into the stream of commerce with the intention and expectation that they will be
`
`2
`
`

`

`
`
`purchased and used by consumers in this District. Upon information and belief, Defendants have
`
`offered and sold and continue to offer and sell these infringing products in this District.
`
`9.
`
`Lenovo’s website states that, in addition to being available for purchase on
`
`www.lenovo.com, Lenovo products are available for purchase from retailers including Best Buy,
`
`Costco, Office Depot, Staples and Walmart, each of which has locations in Delaware.
`
`https://www.lenovo.com/us/en/landingpage/reseller-locator/
`
`10.
`
`Staples offers for sale the 3rd Generation ThinkPad X1 Yoga, an Accused Product,
`
`which can be picked up in a Staples store located in New Castle, Delaware, as depicted in the
`
`screenshot of Staples’ website below.
`
`11.
`
`A Best Buy located at Christiana Fashion Center in Newark, Delaware offers for
`
`sale the following Accused Devices: Yoga C740 (15 inch); Yoga C940 (14 inch); Yoga C740
`
`(14 inch); ThinkPad L13 Yoga (13 inch); Yoga C940 (15 inch), as depicted in the screenshot of
`
`Best Buy’s website below.
`
`
`
`3
`
`

`

`
`
`BEST
`Uy
`
`Search Best Buy
`
`(efi O=100
`
`TopDeals
`
`of the Day
`
`Gift Cards
`
`ce Tae
`
`For Your Business
`
`Q
`
`7 Christiana
`
`fa ect
`Saved Items
`
`feltogeeeae
`
`Products ~
`
`Brands~
`
`Deals-
`
`Services -
`
`(eea
`
`Recently Viewed~
`
`Important Update: We have new safety measures for getting your order. Learn more| Updates from Best Buy
`Best Buy » Name Brands » Lenovo
`
`2-in-1 Design Lenovo Laptops
`
`Getit fast
`Store Pickup at Christiana
`4 Pick up today
`
`Sitems
`
`Filters:
`
`2-in-1 Design ®
`
`Clear a
`
`Sort By:| Best Selling
`
`~
`
`Category
`PC Laptops
`
`Features
`
`(4 2-in-1 Design
`(@ TouchScreen
`@ Webcam Built-In
`@ Backlit Keyboard
`(2) Bluetooth Enabled
`@ Numeric Keypad
`© Headphone Jack
`(2 HDMI Output
`ShowMore
`
`Processor Model
`
`(Q intel core i5
`(2)
`Intel Core i7
`
`Screen Size ()
`© 12"- 14"
`@ 14"-15"
`QO 15"-16"
`
`Condition
`
`@ New
`(J Open-Box
`
`RAM @
`
`“
`“
`
` See More Options
` See More Options
` See More Options
`
`
`
`See More Options
`
`1-5 of 5 items
`
`AmazonAlexa built in
`Lenovo - Yoga C7402-in-1 15.6" Touch-Screen
`
`Laptop- Intel Core i5 - 12GB Memory - 256GB
`Solid State Drive -
`Iron Gray
`Model: 21TDOO03US
`SKU: 6367303,
`tote25)
`Pick up in 1 hour at Christiana
`Check all stores
`
`(compare
`
` [] Save
`
`@Price Match Guarantee
`$749.99
`Was $849.99
`
`Open-Box: from $689.99
`
`Lenovo - Yoga C940 2-in-1 14" 4K Ultra HD Touch-
`Screen Laptop- Intel Core i7 - 16GB Memory-
`512GB SSD + 32G8 Optane - Mica
`Model: 21Q90041US
`SKU: 6369421
`woktei: 037)
`Pick up in 1 hourat Christiana
`Check all stores
`
`@ Compare
`
`[] Save
`
`@)Price Match Guarantee
`$1,399.99Was $1,599.99
`
`Open-Box: from $1,119.99
`
`Lenovo - Yoga C7402-in-1 14" Touch-Screen
`
`Laptop- Intel Co
`- 8GB Memory- 256GB
`Solid State Drive - Mica
`Model: 81TCOOQJUS:
`SKU: 6367805
`toto: Gn
`Pick up in 1 hour at Christiana
`Check all stores
`
`( Compare
`
`[J save
`
`@)Price Match Guarantee
`$799.99
`Price Dropeel Was $699.99
`
`Open-Box: from $735.99
`
`Lenovo- ThinkPad L13 Yoga 2-in-1 13.3" Touch-
`Screen Laptop- Intel Core ib - 8GB Memory -
`256GB SSD- Black
`Model: 20RSA000US
`SKU: 6393283
`toto tery 3)
`Pick up in 1 hourat Christiana
`Check all stores
`
`(compare
`
`[[] Save
`
`PE ea
`Lenovo - Yoga C940 2-in-1 15.6" Touch-Screen
`
`Laptop- Intel Core
`i7 - 16GB Memory - NVIDIA
`GeForce GTX 1650 - 512GB SSD- Iron Gray
`Model: SITEQOOOUS
`SKU: 6367793
`Yoo (66)
`Pick up in 1 hour at Christiana
`Check all stores
`
`(© Compare
`
`[J save
`
`@Price Match Guarantee
`$899.99
`
`Open-Box: from $737.99
`
`@Price Match Guarantee
`$1,699.99
`
`Open-Box: from $1,529.99
`
`4
`
`
`
`

`

`
`
`12.
`
`Lenovo Beijing owns the Lenovo.com domain, where the Accused Products
`
`(defined below) are offered for sale and sold throughout the United States, including within
`
`Delaware.
`
`13.
`
`Lenovo Beijing owns numerous trademark registrations that Lenovo Beijing uses
`
`in connection with sales and offers for sale of the Accused Products within the United States.
`
`14.
`
`Lenovo Beijing owns U.S. Registration No. 4,822,390 to the mark YOGA for
`
`goods that include “portable computers.” When prosecuting the application that matured into the
`
`YOGA registration, the applicant Lenovo Beijing filed a Statement of Use on August 21, 2015,
`
`which included the statement: “The mark was first used by the applicant, or the applicant’s
`
`related company, licensee, or predecessor in interest at least as early as 10/00/2012, and first
`
`used in commerce at least as early as 10/00/2012, and is now in use in such commerce. The
`
`applicant is submitting one specimen for the class showing the mark as used in commerce on or
`
`in connection with any item in the class, consisting of a(n) Screen-shots of Applicant’s website
`
`showing sale of the products.” Lenovo Beijing submitted to the Trademark Office the two
`
`screenshots reproduced below.
`
`http://tsdr.uspto.gov/documentviewer?caseId=sn85585622&docId=SOU20150824165248#docIn
`
`dex=4&page=1
`
`15.
`
`The first screenshot submitted by Lenovo Beijing shows the website
`
`shop.lenovo.com/us/en/laptops/lenovo/yoga-laptop-series, which touts the four usage modes of
`
`the Yoga 3 Pro, Yoga 3 (14 inch), Yoga 3 (11 inch) and Yoga 2 (13 inch), each of which are
`
`included in the Accused Products defined below:
`
`5
`
`

`

`
`
`
`
`16.
`
`The second screenshot submitted by Lenovo Beijing shows the website
`
`shop.lenovo.com/us/en/laptops/lenovo/yoga-3-14, which offers to sell the Yoga 3 (14 inch) for
`
`$829.00 and includes “Free Shipping.” The website touts “Four Modes for the Freedom to Do
`
`What You Want” and lists “Laptop,” “Tablet,” “Tent” and “Stand” beneath an image of the
`
`Lenovo Yoga 3 operating in tent mode:
`
`6
`
`

`

`
`
`
`
`17.
`
`The Statement of Use submitted by Lenovo Beijing included a declaration that
`
`stated that “the applicant is the owner of the mark sought to be registered; the mark is in use in
`
`commerce; for a trademark or service mark application, the applicant is using the mark in
`
`commerce on or in connection with all the goods/services in the application or notice of
`
`allowance.”
`
`18.
`
`On March 4, 2015, Lenovo Beijing submitted an application for U.S. Serial No.
`
`86553493 to the mark LENOVO LAVIE for goods that include “laptop computers.” On August
`
`9, 2016, applicant Lenovo Beijing submitted a Statement of Use, which included the statement:
`
`“The mark was first used by the applicant, or the applicant’s related company, licensee, or
`
`predecessor in interest at least as early as 05/00/2015, and first used in commerce at least as early
`
`as 05/00/2015, and is now in use in such commerce. The applicant is submitting one specimen
`
`for the class showing the mark as used in commerce on or in connection with any item in the
`
`class, consisting of a(n) screen shot of websites showing product for sale.” Lenovo Beijing
`
`7
`
`

`

`
`
`submitted to the Trademark Office a screenshot of the website www.amazon.com/Lenovo-13-3-
`
`Inch-Convertible-Touchscreen-20FF0012US/dp/B00X0THDY4, which offers to sell for $919.00
`
`the Lenovo LaVie 360, which is included in the Accused Products defined below. The website
`
`includes an image of the Lenovo LaVie 360 operating in tent mode, and identifies Lenovo as the
`
`seller:
`
`
`
`http://tsdr.uspto.gov/documentviewer?caseId=sn86553493&docId=SOU20160810165541#docIn
`
`dex=4&page=1
`
`19.
`
`The Statement of Use submitted by Lenovo Beijing in connection with the
`
`LENOVO LAVIE mark included a declaration stating that “the applicant is the owner of the
`
`mark sought to be registered; the mark is in use in commerce; for a trademark or service mark
`
`application, the applicant is using the mark in commerce on or in connection with all the
`
`goods/services in the application or notice of allowance.”
`
`8
`
`

`

`
`
`20.
`
`Lenovo Beijing owns U.S. Registration No. 3,149,377 to the mark LENOVO for
`
`goods that include “computers” and “notebook computers” and for services that include
`
`“installation, maintenance and repair of computer hardware.”
`
`21.
`
`On October 13, 2011, Lenovo Beijing submitted a Declaration of Use that
`
`included the following declaration: “The mark is in use in commerce on or in connection with
`
`the goods and/or services identified above, as evidenced by the attached specimen(s) showing the
`
`mark as used in commerce.”
`
`http://tsdr.uspto.gov/documentviewer?caseId=sn78217242&docId=81520111014155540#docInd
`
`ex=6&page=1
`
`22.
`
`Lenovo Beijing submitted a specimen on October 13, 2011 that included a
`
`screenshot of its website, www.lenovo.com/products/us/desktop/essential/c-series, which
`
`advertised products to be offered for sale in the United States:
`
`9
`
`

`

`
`
`23.
`
`The specimen that Lenovo Beijing submitted on October 13, 2011 also included
`
`screenshots of its website, www.lenovo.com/en_US/product-service/default.page?, which
`
`allowed customers in the United States to check the status of their product and service warranty,
`
`upgrade their warranty, or access their warranty policies:
`
`
`
`10
`
`

`

`
`
`24.
`
`Lenovo Beijing continues to use the LENOVO mark on its website, which allows
`
`customers in the United States who have purchased the Accused Products to lookup their
`
`warranty, purchase a warranty upgrade, or view their warranty policies.
`
`
`
`11
`
`

`

`
`
`25.
`
`On August 31, 2016, Lenovo Beijing submitted a Declaration of Use that included
`
`a specimen in which the use of the LENOVO mark on Lenovo Beijing’s website is visible, and is
`
`used in connection with an offer to sell a product within the United States.
`
`
`
`12
`
`
`
`

`

`
`
`26.
`
`Lenovo Beijing continues to use the LENOVO mark on its website in connection
`
`with offers to sell products within the United States, including each of the Accused Products
`
`(defined below). For example, Lenovo Beijing displays the LENOVO mark on its website in
`
`connection with its offer to sell to customers within the United States, including customers
`
`within Delaware, the 3rd Generation ThinkPad X1 Yoga, which is included in the Accused
`
`Products.
`
`27.
`
`In May 2019, the president of Lenovo’s North America Intelligent Devices
`
`Group, Matthew Zielinksi, stated: “We took back the lead as the No. 1 PC company in the world.
`
`We hit a global market share of 24.6 percent [for the fourth quarter of 2018, according to IDC],
`
`which is 16 percent growth. ... Through calendar Q4 of last year, we were the fastest-growing PC
`
`
`
`13
`
`

`

`
`
`manufacturer in the largest five. Our shipments jumped 29 percent year to year, and in calendar
`
`Q4 we outgrew the market by 26 points—just some astounding growth numbers there. That is
`
`North America alone. Not only was it 26 percent year-on-year growth, but we were just way
`
`faster by a country mile relative to the competition. ... We’re absolutely on fire, and I’m
`
`extraordinarily bullish on our plans for next year.” https://www.crn.com/slide-
`
`shows/mobility/lenovo-s-matthew-zielinski-intelligent-devices-group-is-absolutely-on-fire
`
`Lenovo’s 2019 Annual Report states that the PC and Smart Device (PCSD) Business, which is
`
`part of Lenovo’s Intelligent Devices Group, had “a record revenue of US $38,475 million for the
`
`fiscal year, representing approximately 75 percent of the Group’s total revenue.” (2019 Annual
`
`Report, p. 18). The 2019 Annual Report stated that market share gain and revenue growth “were
`
`mainly driven by Asia Pacific (AP) and North America (NA).” (Id.) The Accused Products fall
`
`within Lenovo’s PCSD Business. Given that Lenovo accounts for nearly a quarter of global
`
`market share for personal computers, given Lenovo’s “astounding growth” in North America,
`
`given that the PCSD Business that supplies the Accused Products had over $38 billion in
`
`revenues in 2019, and given the large number of devices in the Accused Products (defined
`
`below), upon information and belief customers in Delaware have purchased the Accused
`
`Products from Lenovo Beijing’s website in the past six years.
`
`28.
`
`Customers in the United States who purchase the Accused Products on Lenovo
`
`Beijing’s website must accept the terms of a Sales Agreement when ordering online.
`
`https://www.lenovo.com/us/en/legal/sales-agreement/ Upon information and belief, customers in
`
`Delaware have directly purchased the Accused Products from Lenovo Beijing’s website, and
`
`have thereby entered into binding sales agreements with Lenovo. Customers within the United
`
`14
`
`

`

`
`
`States, including those in Delaware, can directly obtain customer support and access warranty
`
`information from Lenovo Beijing’s website.
`
`29.
`
`A 3rd Generation ThinkPad X1 Yoga, which is one of the Accused Products, was
`
`purchased in the United States from Lenovo Beijing’s www.lenovo.com website. The underside
`
`of the device bears Lenovo Beijing’s LENOVO mark.
`
`
`
`30.
`
`Lenovo’s 2019 Annual Report (page 283) states that the principal activities of
`
`Lenovo Beijing include manufacturing and distribution of IT products and provision of IT
`
`services. Lenovo Beijing’s operation of the www.lenovo.com website, which has offered for
`
`sale and sold the Accused Products to customers within the United States, and Lenovo Beijing’s
`
`use of the YOGA, LENOVO LAVIE and LENOVO marks in connection with such offers for
`
`sale and sales, demonstrates Lenovo Beijing’s intent to serve the United States market. Nothing
`
`on the www.lenovo.com website indicates that Lenovo Beijing intended to exclude Delaware
`
`customers from purchasing the Accused Products from the Lenovo Beijing website.
`
`Accordingly, Lenovo Beijing is subject to the specific personal jurisdiction of the Court.
`
`31.
`
`The Defendants have established minimum contacts with Delaware and availed
`
`themselves of the benefits of conducting activities in Delaware.
`
`32.
`
`Venue is proper in this District under 28 U.S.C. §§ 1391 and 1400(b). Lenovo
`
`US is incorporated in this District. Upon information and belief, Defendants have transacted
`
`business in this District and have committed acts of direct and indirect infringement in this
`
`15
`
`

`

`
`
`District by, among other things, making, using, offering to sell, selling, and/or importing
`
`products that infringe the Asserted Patents. Lenovo Beijing is not a resident in the United States
`
`and venue lies in any judicial district pursuant to 28 U.S.C. § 1391(c)(3).
`
`FACTUAL BACKGROUND
`
`LiTL’s Patented Technologies
`
`33.
`
`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
`
`largest employers on earth. Mr. Chuang set out to build a computer for the home that offered a
`
`simplified operating environment. Mr. Chuang founded LiTL and assembled a team of hardware
`
`and software engineers and user interface designers to achieve his vision.
`
`34.
`
`LiTL developed a webbook, a portable computing device, which launched in
`
`2009. LiTL focused on how a family typically uses the Internet in the home, and optimized the
`
`webbook’s user interface for consuming Internet content.
`
`
`
`16
`
`

`

`
`
`http://web.archive.org/web/20091204052449/http://www.litl.com/essays/hardware.htm
`
`35.
`
`The webbook provided multiple display modes. In laptop mode, users access a
`
`keyboard and touchpad to browse the Internet and access apps that can be arranged as a set of
`
`
`
`cards.
`
`http://web.archive.org/web/20091204052449/http://www.litl.com/essays/hardware.htm
`
`36.
`
`Rotating the webbook display into “easel mode” allows users to easily consume
`
`content from the Internet via a streamlined, intuitive interface.
`
`
`
`17
`
`

`

`
`
`http://web.archive.org/web/20091201114605/http://www.litl.com/easy-to-use/intuitive-
`
`
`
`interface.htm
`
`37.
`
`In easel mode the webbook’s keyboard faces away from the user, and content is
`
`enlarged on the display for easier viewing from farther away.
`
`http://web.archive.org/web/20130420102239/http://litl.com/webbook/meet-webbook/more-
`
`fun.htm
`
`38.
`
`The webbook can also be configured in “frame mode,” in which the keyboard
`
`faces down into the surface on which the webbook rests.
`
`
`
`18
`
`

`

`
`
`’688 patent, Figure 26.
`
`39.
`
`The webbook delivers content from a user’s favorite websites via “channels” to
`
`provide an experience that resembles watching television.
`
`
`
`
`
`19
`
`

`

`
`
`http://web.archive.org/web/20091204052453/http://www.litl.com/essays/software.htm
`
`40.
`
`LiTL’s continuing investment in innovation has produced a portfolio that includes
`
`
`
`over 20 patents in the United States and other countries across the globe.
`
`LiTL’s Asserted Patents
`
`41.
`
`This complaint focuses on six LiTL patents directed to various aspects of
`
`computing devices that can be used in multiple display modes.
`
`42.
`
`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.
`
`43.
`
`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
`
`20
`
`

`

`
`
`portable computers configurable between a plurality of display modes. A copy of the ʼ844 patent
`
`is attached as Exhibit B.
`
`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 C.
`
`45.
`
`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 D.
`
`46.
`
`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 E.
`
`47.
`
`LiTL is the current owner by assignment of the entire right, title and interest in
`
`and to the ’957 patent titled “System and method for streamlining user interaction with electronic
`
`content.” The ’957 patent was duly and legally issued on November 5, 2013. The patent is
`
`generally directed to streamlined computer devices configured to perform a remote access
`
`operation. A copy of the ʼ957 patent is attached as Exhibit F.
`
`
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`21
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`Lenovo’s Incorporation of LiTL’s Patented Technologies into Its Computing Devices
`
`48.
`
`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
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`Court’s scheduling order and local rules.
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`49.
`
`The infringing products include, but are not limited to, IdeaPad Yoga 13; IdeaPad
`
`Yoga 11S; Flex 2 (14 inch); Flex 2 (15 inch); Flex 3 (11 inch); Flex 3 (14 inch); Flex 3 (15 inch);
`
`Flex 4 (11 inch); Flex 4 (14 inch); Flex 4 (15 inch); Flex 5 (14 inch); Flex 5 (15 inch); Flex 6 (11
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`inch); Flex 6 (14 inch); Flex 10; Flex 14; Flex 14D; Flex 15; Flex 15D; Edge 15; Edge 2; Yoga 2
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`(11 inch); Yoga 2 (13 inch); Yoga 2 Pro; Yoga 3 (11 inch); Yoga 3 (14 inch); Yoga 3 Pro; Yoga
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`260; Yoga 300; Yoga 460; Yoga 500 (14 inch); Yoga 500 (15 inch); Yoga 510 (14 inch); Yoga
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`510 (15 inch); Yoga 520; Yoga 530; Yoga 700 (11 inch); Yoga 700 (14 inch); Yoga 710 (11
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`inch); Yoga 710 (14 inch); Yoga 710 (15 inch); Yoga 720 (12 inch); Yoga 720 (13 inch); Yoga
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`720 (15 inch); Yoga 730 (13 inch); Yoga 730 (15 inch); Yoga 900; Yoga 900S; Yoga 910; Yoga
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`920; Yoga Book with Windows; Yoga C630; Yoga C640; Yoga S730; Yoga C740 (14 inch);
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`Yoga C740 (15 inch); Yoga S740 (14 inch); Yoga S740 (15 inch); Yoga C930; Yoga Book
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`C930; Yoga C940 (14 inch); Yoga C940 (15 inch); Yoga Slim 7; Yoga P40; LaVie 360; 1st
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`Generation ThinkPad Yoga 11e; 2nd Generation ThinkPad Yoga 11e; 3rd Generation ThinkPad
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`Yoga 11e; 4th Generation ThinkPad Yoga 11e; 5th Generation ThinkPad Yoga 11e; ThinkPad
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`Yoga 12; ThinkPad Yoga 14; ThinkPad Yoga 15; ThinkPad L380 Yoga; ThinkPad L390 Yoga;
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`1st Generation ThinkPad X1 Yoga; 2nd Generation ThinkPad X1 Yoga; 3rd Generation ThinkPad
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`X1 Yoga; 4th Generation ThinkPad X1 Yoga; 5th Generation ThinkPad X1 Yoga; ThinkPad
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`22
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`Yoga X380; ThinkPad Yoga X390; ThinkPad L13 Yoga; Lenovo 300e Windows; Lenovo 300e
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`Winbook; Lenovo N23 Winbook (“Accused Products”). The Accused Products are non-limiting
`
`examples that were identified based on publicly available information, and LiTL reserves the
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`right to identify additional infringing activities, products and services, including, for example, on
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`the basis of information obtained during discovery.
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`50.
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`The Accused Products are convertible devices, which are capable of being used in
`
`multiple modes, including laptop mode, tent mode, and stand mode. From 2012 through the
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`present, Lenovo has touted in press releases the multi-mode capabilities of the following
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`Accused Products:
`
`
`
`IdeaPad Yoga 13 (October 9, 2012): https://news.lenovo.com/pressroom/press-
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`releases/lenovo-premiers-yoga-and-debuts-family-of-convertible-devices-designed-
`
`for-windows-8/
`
` Yoga 11S (May 16, 2013): https://news.lenovo.com/pressroom/press-releases/lenovo-
`
`launches-yoga-11s-convertible/
`
`
`
` Yoga 2 Pro, ThinkPad Yoga, Flex 14, Flex 15 (September 5, 2013):
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`https://news.lenovo.com/pressroom/press-releases/lenovo-expands-multimode-
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`family-with-new-yoga-convertibles-and-flex-dual-mode-devices/
`
` Yoga 2, Flex 14D, Flex 15D (January 6, 2014):
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`https://news.lenovo.com/pressroom/press-releases/lenovo-adds-more-convertibles-
`
`and-detachable-devices-to-multimode-computing-roster/
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` Flex 2 (April 16, 2014): https://news.lenovo.com/pressroom/press-releases/lenovo-
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`flexes-multimode-muscle-with-new-dual-mode-laptops/
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`23
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`
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` Edge 15 (September 4, 2014): https://news.lenovo.com/pressroom/press-
`
`releases/new-lenovo-devices-transform-to-fit-the-board-room-game-room-and-
`
`beyond/
`
` Yoga 3 Pro (October 9, 2014): https://news.lenovo.com/pressroom/press-
`
`releases/new-lenovo-ultra-slim-yoga-3-pro-adapts-to-users/
`
` Flex 3 (January 5, 2015): https://news.lenovo.com/pressroom/press-releases/lenovo-
`
`brings-consumers-new-choices-for-mobile-and-home-computing/
`
` LaVie 360 (January 5, 2015): https://news.lenovo.com/pressroom/press-
`
`releases/lenovo-and-necp-introduce-two-lighter-than-air-lavie-z-ultraportables/
`
` ThinkPad Yoga, Yoga 3 (January 5, 2015): https://news.lenovo.com/pressroom/press-
`
`releases/lenovo-yoga-family-takes-flexibility-and-interactivity-even-further-with-
`
`new-technologies/
`
` ThinkPad Yoga 11e (January 21, 2015): https://news.lenovo.com/pressroom/press-
`
`releases/lenovo-gets-back-to-school-with-new-thinkpad-11e-laptops-series/
`
` Yoga 260, Yoga 460 (September 2, 2015): https://news.lenovo.com/pressroom/press-
`
`releases/new-thinkpad-yoga-and-thinkcentre-tiny-transform-business-computing/
`
` Yoga 900 (October 19, 2015): https://news.lenovo.com/pressroom/press-
`
`releases/new-lenovo-yoga-windows-10-pcs-primed-for-portability/
`
` Yoga 700 (October 29, 2015): https://news.lenovo.com/pressroom/press-
`
`releases/new-lenovo-yoga-700-offers-more-options-for-performance-and-portability/
`
` Yoga P40 (December 1, 2015): https://news.lenovo.com/pressroom/press-
`
`releases/creativity-without-limits-performance-without-compromise-lenovo-unveils-
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`the-thinkpad-p40-yoga/
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`24
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` ThinkPad X1 Yoga (January 3, 2016): https://news.lenovo.com/pressroom/press-
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`releases/lenovo-unveils-pioneering-modular-thinkpad-x1-tablet/
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` Yoga 900S (January 4, 2016): https://news.lenovo.com/pressroom/press-
`
`releases/lenovo-launches-yoga-900s-as-worlds-thinnest-convertible-laptop/
`
` Yoga 510, Yoga 710, Flex 4 (February 21, 2016):
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`https://news.lenovo.com/pressroom/press-releases/lenovo-launches-new-travel-ready-
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`windows-10-tablet-and-yoga-laptops/
`
` Lenovo N23 (May 10, 2016): https://news.lenovo.com/pressroom/press-
`
`releases/lenovo-launches-new-n23-and-n42-laptops-designed-for-k-12-institutions/
`
` Yoga 910 (August 31, 2016): https://news.lenovo.com/pressroom/press-
`
`releases/lenovo-pushes-the-portability-envelope-with-latest-yoga-laptop-and-tablet/
`
` Yoga Book (August 31, 2016): https://news.lenovo.com/pressroom/press-
`
`releases/lenovo-reveals-the-yoga-book-the-2-in-1-tablet-for-productivity-and-
`
`creativity/
`
` Yoga 520, Yoga 720 (February 27, 2017): https://news.lenovo.com/pressroom/press-
`
`releases/lenovo-sets-stage-for-new-mobility-with-smart-connected-devices-services/
`
` Yoga 920 (August 31, 2017): https://news.lenovo.com/pressroom/press-
`
`releases/lenovo-connects-consumers-with-powerful-reality-of-todays-new-smart-
`
`devices/
`
` Yoga 530, Yoga 730 (February 26, 2018): https://news.lenovo.com/pressroom/press-
`
`releases/lenovo-sees-intelligence-transforming-everything-at-mwc-2018-from-
`
`devices-to-data-center/
`
`25
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` Yoga C930 (August 30, 2018): https://news.lenovo.com/pressroom/press-
`
`releases/raising-the-bar-lenovo-design-vp-on-the-new-yoga-c930/
`
` Yoga C730 (January 8, 2019): https://news.lenovo.com/pressroom/press-
`
`releases/lenovo-yoga-smartest-consumer-computers-yet/
`
` Lenovo 100e Windows, Lenovo 300e Windows (January 22, 2019):
`
`https://news.lenovo.com/pressroom/press-releases/lenovo-laptops-amplify-learning-
`
`experiences-through-digital-innovation/
`
` ThinkPad X390 Yoga (February 25, 2019): https://news.lenovo.com/pressroom/press-
`
`releases/intelligent-mobile-computing-showcased-by-latest-thinkpad-laptops-mwc/
`
` https://news.lenovo.com/pressroom/press-releases/smarter-lenovo-thinkpad-laptops-
`
`engineered-for-future-workforce/
`
` Yoga C740, Yoga S740, Yoga C940 (September 5, 2019):
`
`https://news.lenovo.com/pressroom/press-releases/lenovo-launches-new-devices-
`
`offering-smarter-technology-for-all-ifa-tech-life/
`
` Yoga Slim 7 (January 6, 2020): https://news.lenovo.com/pressroom/press-
`
`releases/lenovo-breaks-barriers-with-new-consumer-technology-unveiled-at-ces-
`
`2020-2/
`
` ThinkPad X13 Yoga, ThinkPad L13 Yoga (February 24, 2020):
`
`https://news.lenovo.com/pressroom/press-releases/updated-thinkpad-laptop-portfolio-
`
`empowers-choice-and-business-freedom/
`
`51.
`
`Convertible devices like the Accused Products have played a significant role in
`
`Lenovo’s profitability. For example:
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`26
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` According to a 2013 article, Lenovo’s CEO recognized that convertible devices that
`
`use the Windows 8 operating system “are helping the company break into the high-
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`end segment for the North American market.”
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`https://www.cio.com/article/2388774/windows-8-convertibles-help-lenovo-break-
`
`into-high-end-pc-market.html
`
`
`
`In a 2013 interview with McKinsey, Lenovo’s CEO explained the impact that the
`
`Yoga had on Lenovo’s fortunes in the United States: “Yoga, our ultrabook that
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`functions both as a laptop and tablet, is a good example. Before we launched it, we
`
`had never addressed the high-priced laptop market in the US. Now, since launching
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`Yoga, we have a more than 40 percent market share in the $900-and-above price band
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`in the US retail market. That’s from this one product with just two models, a 13-inch
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`and an 11-inch. It’s been a huge, huge success. And it’s not only helped us to grow
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`our volume and market share but also to build our brand. It has repositioned us as a
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`brand known for innovation.”
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`http://sites.utexas.edu/chinaecon/files/2015/06/McKinsey_Interview-Lenovo-CEO-
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`Yang.pdf
`
`
`
`In a 2013 interview with the Economic Times, Lenovo’s CEO stated: “Yoga is a
`
`hybrid laptop that is also a tablet with touch capability. That’s the future of
`
`notebook.” https://economictimes.indiatimes.com/opinion/interviews/lenovos-protect-
`
`and-attack-strategy-helped-it-expand-globally-yang-yuanqing-chairman-and-ceo-
`
`lenovo-group/articleshow/18281695.cms
`
`
`
`In a 2013 interview with the Wall Street Journal, Lenovo’s CEO stated that “high-end
`
`products, like the IdeaPad Yoga” had “helped raise average selling prices.”
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`https://blogs.wsj.com/digits/2013/08/15/qalenovo-ceo-on-smartphones-and-
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`blackberry/
`
`52.
`
`Lenovo makes, uses, sells, offers for sale and imports the 3rd Generation
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`ThinkPad X1 Yoga with a Windows 10 operating system and the device’s features are described
`
`on Lenovo’s website in various places, including but not limited to:
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` https://www.lenovo.com/us/en/lapt