Case 1:20-cv-00689-RGA Document 31 Filed 12/30/20 Page 1 of 164 PageID #: 1077
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`LITL LLC,
`
`v.
`
`Plaintiff,
`
`LENOVO (UNITED STATES), INC. and
`LENOVO (BEIJING) LTD.
`
`Defendants.
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`Civil Action No. 1:20-cv-00689-RGA
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`JURY TRIAL DEMANDED
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`FIRST AMENDED COMPLAINT
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`Pursuant to Federal Rule of Civil Procedure 15(A)(1), Plaintiff LiTL LLC (“Plaintiff” or
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`“LiTL”) files this First Amended Complaint, which amends LiTL’s complaint for patent
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`infringement (D.I. 1, the “Original Complaint”) against Defendants Lenovo (United States), Inc.
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`and Lenovo (Beijing) Ltd. (collectively, “Defendants” or “Lenovo”).
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`INTRODUCTION
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`1.
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`This is a civil action for patent infringement under the laws of the United States,
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`35 U.S.C. § 1, et seq.
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`2.
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`Defendants have infringed and continue to infringe, have induced and continue to
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`induce the infringement of one or more claims of U.S. Patent Nos. 8,289,688 (“the ’688 patent”);
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`8,624,844 (“the ’844 patent”); 10,289,154 (“the ’154 patent”); 9,880,715 (“the ’715 patent”);
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`8,612,888 (“the ’888 patent”); and 8,577,957 (“the ’957 patent”) (collectively, the “Asserted
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`Patents”) at least by making, using, selling, offering for sale, and importing into the United
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`States computing devices that infringe one or more claims of each of the Asserted Patents.
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`1
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`LiTL Exhibit 2017
`MSFT v. LiTL
`IPR2024-00457
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`

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`3.
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`LiTL is the legal owner by assignment of the entire right, title and interest in and
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`to the Asserted Patents, which were duly and legally issued by the United States Patent and
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`Trademark Office (“USPTO”). LiTL seeks monetary damages and injunctive relief to address
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`ongoing infringement of its valuable patent portfolio.
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`THE PARTIES
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`4.
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`Plaintiff LiTL LLC is a Delaware company, having its principal place of business
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`at 501 Boylston Street, Boston, Massachusetts 02116.
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`5.
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`Defendant Lenovo (United States) Inc. (“Lenovo US”) is a corporation organized
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`under the laws of the State of Delaware, with its principal place of business at 1009 Think Place,
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`Building One, Morrisville, North Carolina 27560. Lenovo US is a wholly-owned, indirect
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`subsidiary of Lenovo Group, the ultimate parent corporation.
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`6.
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`Defendant Lenovo (Beijing) Ltd. (“Lenovo Beijing”) is a company organized
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`under the laws of the People’s Republic of China, with its principal place of business at No. 6
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`Chuang Ye Road, Shangdi Information Industry Base, Haidan District, Beijing, China. Lenovo
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`Beijing is a wholly-owned subsidiary of Lenovo Group.
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`JURISDICTION AND VENUE
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`7.
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`This action arises under the patent laws of the United States, Title 35 of the
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`United States Code. This Court has subject matter jurisdiction over this action pursuant to 28
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`U.S.C. §§ 1331 and 1338(a).
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`8.
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`This Court has personal jurisdiction over Lenovo US for at least each of the
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`following reasons. First, Lenovo US appeared in this Court and responded to LiTL’s Original
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`Complaint without contesting personal jurisdiction in this Court. (D.I. 10.) Second, Lenovo US
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`is incorporated in this District, and so Lenovo US is at home in this District. Third, Lenovo US
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`2
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`has sold one or more of the Accused Products (defined below) in this District, giving rise to
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`LiTL’s claims in this action.
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`9.
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`This Court has personal jurisdiction over Lenovo Beijing under either Federal
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`Rule of Civil Procedure 4(k)(1) and the Del. Code. Ann. Tit. 3, § 3104 (the “Delaware Long Arm
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`Statute”) or under Federal Rule of Civil Procedure 4(k)(2).
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`10.
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`Lenovo Beijing is the registrant of the https://www.lenovo.com domain (the
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`“Lenovo.com Domain”). On information and belief, Lenovo Beijing registered the Lenovo.com
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`Domain in 2002 and Lenovo Beijing renewed and/or updated its registration of the Lenovo.com
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`Domain in 2020. Lenovo Beijing registered the Lenovo.com Domain with MarkMonitor, Inc.
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`(“MarkMonitor”).
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`11. MarkMonitor is an Accredited Registrar with the Internet Corporation for
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`Assigned Names and Numbers (“ICANN”). https://www.icann.org/registrar-
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`reports/accreditation-qualified-list.html As an Accredited Registrar, MarkMonitor is bound by
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`the terms of the 2013 Registrar Accreditation Agreement (“RAA”).
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`https://www.icann.org/resources/pages/approved-with-specs-2013-09-17-en
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`12.
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`Under Section 3.7.10 of the RAA, MarkMonitor was required to provide Lenovo
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`Beijing a copy of the Registrants’ Benefits and Responsibilities Specification. On information
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`and belief, MarkMonitor provided Lenovo Beijing with a copy of the Registrants’ Benefits and
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`Responsibilities Specification.
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`13.
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`The Registrants’ Benefits and Responsibilities Specification states, “You will
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`assume sole responsibility for the registration and use of your domain name.” On information
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`and belief, Lenovo Beijing understood when registered and renewing/updating its registration of
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`3
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`the Lenovo.com Domain that it “assume[d] sole responsibility for the registration and use of” the
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`Lenovo.com Domain.
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`14. MarkMonitor was required, under Section 3.7.7 of the RAA, to require all
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`Registered Name Holdings, including Lenovo Beijing, to enter into a registration agreement with
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`at least the provisions set forth in Subsections 3.7.7.1 through 3.7.7.12 of the RAA. On
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`information and belief, Lenovo Beijing, as a Registered Name Holder, entered into a registration
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`agreement that included provisions equivalent to Subsections 3.7.7.1 through 3.7.7.12 of the
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`RAA.
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`15.
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`Section 3.7.7.3 states, “[a] Registered Name Holder licensing use of a Registered
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`Name according to this provision shall accept liability for harm caused by wrongful use of the
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`Registered Name, unless it discloses the current contact information provided by the licensee and
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`the identity of the licensee within seven (7) days to a party providing the Registered Name
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`Holder reasonable evidence of actionable harm.” If Lenovo US is a licensee of the Lenovo.com
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`Domain in the United States, then Lenovo Beijing was required to “accept liability for harm
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`caused by wrongful use of” of the Lenovo.com Domain, unless it “discloses the current contact
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`information provided by [Lenovo US] and the identity of [Lenovo US] within seven (7) days to a
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`party providing [Lenovo Beijing] reasonable evidence of actionable harm.” LiTL provided
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`evidence of actionable harm from sales of the Accused Products through the Lenovo.com
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`Domain in its Original Complaint, and Lenovo Beijing did not provide Lenovo US’s identity and
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`contact information to LiTL within 7 days.
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`16.
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`On information and belief, as the registrant of the Lenovo.com Domain, Lenovo
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`Beijing is solely responsible for what website the Lenovo.com Domain points to in various
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`locations around the world. Lenovo Beijing intends to serve Delaware and the United States
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`4
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`Case 1:20-cv-00689-RGA Document 31 Filed 12/30/20 Page 5 of 164 PageID #: 1081
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`with the Lenovo.com Domain by providing a specific website for those locations that appears
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`when accessing the Lenovo.com Domain from those locations. Lenovo Beijing intends for
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`people in Delaware and the United States to access and use the website that Lenovo.com Domain
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`points to as a place to get information about the Accused Products and to shop for and buy the
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`Accused Products. Both before and after the filing of the Original Complaint, LiTL’s counsel
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`was able to access the Accused Products from Lenovo Beijing’s Lenovo.com Domain from
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`Delaware. The website for the United States, which includes https://www.lenovo.com/us/en/,
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`may differ in some respects from the website that appears automatically in other countries, but it
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`is still on the Lenovo.com Domain.
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`17.
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`The Lenovo.com Domain is accessible in Delaware and in the United States.
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`People in Delaware and in the United States have accessed Lenovo.com Domain. The
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`Lenovo.com Domain makes information about each of the Accused Products available to people
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`in the United States and in Delaware, including customer support and warranty status
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`information that is dynamically presented to be specific to a customer’s products. People in the
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`United States and Delaware have access to information about each of the Accused Products from
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`the Lenovo.com Domain. Much of the information cited below by LiTL as evidence that
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`Lenovo US and Lenovo Beijing directly or indirectly infringes the Asserted Patents is accessible
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`from the Lenovo.com Domain. People in the United States and in Delaware have accessed that
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`information.
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`18.
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`All, or nearly all, of the Accused Products are for sale on Lenovo.com Domain,
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`including to people in Delaware and the United States. On information and belief, people in the
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`United States have purchased all of the Accused Products from the Lenovo.com Domain. On
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`information and belief, people in Delaware have purchased all of the Accused Products from the
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`5
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`Lenovo.com Domain. People in the United States have purchased one or more of the Accused
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`Products from the Lenovo.com Domain. People in Delaware have purchased one or more of the
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`Accused Products from Lenovo.com Domain. Nothing on the Lenovo.com Domain indicates
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`that Lenovo Beijing intended to exclude Delaware customers from purchasing the Accused
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`Products from the Lenovo.com Domain.
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`19.
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`Lenovo Beijing developed and designed one or more of the Accused Products.
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`For example, Lenovo Beijing developed and designed the Yoga A940 All in One Desktop
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`computer (“Yoga A940).
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`20.
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`On information and belief, the team at Lenovo that developed and designed one or
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`more of the Accused Products included employees of Lenovo Beijing working with and sharing
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`information with other Lenovo employees in the United States. https://news.lenovo.com/labor-
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`of-love-innovation-and-inspiration-behind-lenovos-next-generation-of-yoga/.
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`21.
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`Lenovo Beijing has developed and designed products. D.I. 28 (Sun Declaration),
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`⁋ 6. Some of the products developed or designed by Lenovo Beijing have been used, offered for
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`sale, or sold in the United States.
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`22.
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`Lenovo Beijing developed and designed one or more of the Accused Products for
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`use in the United States and Delaware, and to comply with regulations or other legal
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`requirements applicable in those locations. For example, Lenovo Beijing developed and
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`designed one or more of the Accused Products to comply with U.S. Federal Communication
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`Commission (“FCC”) requirements and to meet the U.S. Environmental Protection Agency’s
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`Energy Star requirements.
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`23.
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`Lenovo Beijing was involved with developing or designing the Yoga A940.
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`6
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`24.
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`On information and belief, Lenovo Beijing has employed Yang Liu as a
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`“Compliance Engineer” since at least 2015. Yang Liu’s job responsibilities include submitting
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`to the U.S. Federal Communication Commission (“FCC”) applications for equipment
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`authorization.
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`25.
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`Yang Liu submitted to the FCC an equipment authorization application for the
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`Yoga A940. That application included a letter dated November 23, 2018, signed by Yang Liu,
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`requesting the FCC to keep confidential certain materials in Lenovo Beijing’s application for
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`equipment authorization for the Yoga A940, which authorization is required prior to marketing
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`or importing the Yoga A940 in the United States. Lenovo Beijing’s letter to the FCC asserted
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`that the public disclosure of documents containing proprietary information about the Yoga A940
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`“might be harmful to our company and would give competitor an unfair advantage in the
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`market.”
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`26.
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`Lenovo Beijing intended for one or more of the Accused Products to be imported
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`into, sold, and used in Delaware or in the United States. Lenovo Beijing submitted documents
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`relating to the Yoga A940 to the United States Federal Communication Commission (“FCC”).
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`These documents are dated September 4, 2018 and list “Lenovo (Beijing) limited” as the
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`applicant for certification of conformity under FCC regulations to permit importation and
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`marketing of the Yoga A940. Lenovo Beijing regularly submits to the FCC applications for
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`equipment authorization. Since 2011, Lenovo Beijing has submitted at least 107 applications for
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`equipment authorization to the FCC so that its equipment could be imported into the United
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`States and marketed there.
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`27.
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`According to Lenovo’s 2019/20 Annual Report, Lenovo Beijing’s “Principal
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`activities” are “Manufacturing and distribution of IT products and provision of IT services.”
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`7
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`https://doc.irasia.com/listco/hk/lenovo/annual/2020/ar2020.pdf On information and belief, the
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`statement in the 2019 Annual Report that Lenovo Beijing that refers to Lenovo Beijing’s
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`“Principal activities” as “Manufacturing and distribution of IT products and provision of IT
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`services” was not false.
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`28.
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`On information and belief, Lenovo Beijing is involved with the manufacture of
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`one or more of the Accused Products. On information and belief, Lenovo Beijing has some or
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`significant control over the manufacture of the one or more of the Accused Products. On
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`information and belief, Lenovo Beijing has quality control over the manufacture of the one or
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`more of the Accused Products. On information and belief, if Lenovo Beijing does not
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`manufacture an Accused Product, a company related to and subject to control and/or influence
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`by Lenovo Beijing, whether direct or indirect, manufactures the Accused Product.
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`29.
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`On information and belief, Lenovo Beijing is involved with the distribution of one
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`or more of the Accused Products, including importation into the United States and Delaware. On
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`information and belief, Lenovo Beijing has some or significant control over the distribution of
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`the one or more of the Accused Products. On information and belief, if Lenovo Beijing does not
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`distribute an Accused Product, a company related to and subject to control and/or influence by
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`Lenovo Beijing, whether direct or indirect, distributes the Accused Product.
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`30.
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`Lenovo has established distribution channels for the importation into the United
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`States of the Accused Products and for the distribution within the United States, including to
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`Delaware, of one or more of the Accused Products. Those established distribution channels are
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`used for sales made through Lenovo Beijing’s Lenovo.com Domain. On information and belief,
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`Lenovo Beijing uses those established distribution channels for the importation into the United
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`8
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`States of one or more of the Accused Products and for the distribution within the United States,
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`including to Delaware, of one or more of the Accused Products.
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`31.
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`For example, a customer accessed the Lenovo.com Domain while in Delaware,
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`used the Lenovo.com Domain to purchase a Yoga A940, and had the computer delivered to
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`Wilmington, Delaware on November 30, 2020.
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`32.
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`As further examples of the distribution channels that Lenovo has established,
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`information accessible through Lenovo.com Domain states that, in addition to being available for
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`purchase on www.lenovo.com, one or more of the Accused Products are available for purchase
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`from retailers including Best Buy, Costco, Office Depot, Staples, and Walmart, each of which
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`has locations in Delaware. https://www.lenovo.com/us/en/landingpage/reseller-locator/
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`33.
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`For example, Staples offers for sale the 3rd Generation ThinkPad X1 Yoga, an
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`Accused Product, which can be picked up in a Staples store located in New Castle, Delaware, as
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`depicted in the screenshot of Staples’ website below.
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`9
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`34.
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`For example, a Best Buy located at Christiana Fashion Center in Newark,
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`Delaware offers for sale the following Accused Devices: Yoga C740 (15 inch); Yoga C940 (14
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`inch); Yoga C740 (14 inch); ThinkPad L13 Yoga (13 inch); Yoga C940 (15 inch), as depicted in
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`the screenshot of Best Buy’s website below.
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`10
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`35.
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`Best Buy stores located at 1165 N. Dupont Highway, Dover, DE 19901 and 2700
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`Fashion Center Blvd, Newark, DE 19702 offer the accused Lenovo Yoga A940 for sale and
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`provide the option of curbside pickup at these Delaware locations:
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`11
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`Case 1:20-cv-00689-RGA Document 31 Filed 12/30/20 Page 12 of 164 PageID #: 1088
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`
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`36.
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`Lenovo Beijing owns numerous trademark registrations that Lenovo Beijing uses
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`in connection with sales and offers for sale of the Accused Products within the United States.
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`37.
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`Lenovo Beijing owns U.S. Registration No. 4,822,390 to the mark YOGA for
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`goods that include “computers” and “portable computers.” When prosecuting the application
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`that matured into the YOGA registration, the applicant Lenovo Beijing filed a Statement of Use
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`on August 21, 2015, which included the statement: “The mark was first used by the applicant, or
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`the applicant’s related company, licensee, or predecessor in interest at least as early as
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`10/00/2012, and first used in commerce at least as early as 10/00/2012, and is now in use in such
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`commerce. The applicant is submitting one specimen for the class showing the mark as used in
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`commerce on or in connection with any item in the class, consisting of a(n) screen-shots of
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`Applicant’s website showing sale of the products.” Lenovo Beijing submitted to the Trademark
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`Office the two screenshots reproduced below.
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`12
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`Case 1:20-cv-00689-RGA Document 31 Filed 12/30/20 Page 13 of 164 PageID #: 1089
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`https://tsdr.uspto.gov/documentviewer?caseId=sn85585622&docId=SOU20150824165248#docI
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`ndex=4&page=1
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`38.
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`The first screenshot submitted by Lenovo Beijing shows the website
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`https://www.lenovo.com/us/en/pc-
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`nfe/?s_tnt=133500%3A1%3A0&adobe_mc_sdid=SDID%3D0DE8A22765823A5D-
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`54865DF655F16C62%7CMCORGID%3DF6171253512D2B8C0A490D45%40AdobeOrg%7C
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`TS%3D1609357172&adobe_mc_ref=https%3A%2F%2Fwww.lenovo.com%2Fus%2Fen%2F,
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`which touts the four usage modes of the Yoga 3 Pro, Yoga 3 (14 inch), Yoga 3 (11 inch) and
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`Yoga 2 (13 inch), each of which are included in the Accused Products defined below:
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`13
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`39.
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`The second screenshot submitted by Lenovo Beijing shows the website
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`https://www.lenovo.com/us/en/pc-
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`nfe/?s_tnt=133500%3A1%3A0&adobe_mc_sdid=SDID%3D0E717C6A62B94068-
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`219E7A964456AC62%7CMCORGID%3DF6171253512D2B8C0A490D45%40AdobeOrg%7C
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`TS%3D1609357248&adobe_mc_ref=https%3A%2F%2Fwww.lenovo.com%2Fus%2Fen%2F,
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`which offers to sell the Yoga 3 (14 inch) for $829.00 and includes “Free Shipping.” The website
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`touts “Four Modes for the Freedom to Do What You Want” and lists “Laptop,” “Tablet,” “Tent”
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`and “Stand” beneath an image of the Lenovo Yoga 3 operating in tent mode:
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`40.
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`The Statement of Use submitted by Lenovo Beijing included a declaration that
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`stated that “the applicant is the owner of the mark sought to be registered; the mark is in use in
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`commerce; for a trademark or service mark application, the applicant is using the mark in
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`commerce on or in connection with all the goods/services in the application or notice of
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`
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`allowance.”
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`14
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`41.
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`Lenovo Beijing uses the YOGA mark in its advertising of the Yoga A940 on the
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`Lenovo.com Domain:
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`42.
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`Lenovo Beijing uses its YOGA trademark on the back of the screen on the A940 in
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`addition to materials that come with the Yoga A940, such as the setup guide seen below:
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`43.
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`Lenovo Beijing’s Lenovo.com Domain began touting the Yoga A940 using the
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`YOGA and LENOVO marks in January 2019. https://news.lenovo.com/pressroom/press-
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`releases/lenovo-yoga-smartest-consumer-computers-yet/; https://news.lenovo.com/lenovo-
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`unboxed-yoga-a940-all-in-one-pc/
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`15
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`44.
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`The Accused Products represent a significant portion of the personal computers
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`that use the YOGA trademark that are advertised as available for sales from the Lenovo.com
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`Domain. Lenovo Beijing’s ownership of the YOGA mark in the United States illustrates its
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`intent to use the mark in commerce in the United States.
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`45.
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`On March 4, 2015, Lenovo Beijing submitted an application for U.S. Serial No.
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`86553493 to the mark LENOVO LAVIE for goods that include “laptop computers.” On August
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`9, 2016, applicant Lenovo Beijing submitted a Statement of Use, which included the statement:
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`“The mark was first used by the applicant, or the applicant’s related company, licensee, or
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`predecessor in interest at least as early as 05/00/2015, and first used in commerce at least as early
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`as 05/00/2015, and is now in use in such commerce. The applicant is submitting one specimen
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`for the class showing the mark as used in commerce on or in connection with any item in the
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`class, consisting of a(n) screen shot of websites showing product for sale.” Lenovo Beijing
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`submitted to the Trademark Office a screenshot of the website www.amazon.com/Lenovo-13-3-
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`Inch-Convertible-Touchscreen-20FF0012US/dp/B00X0THDY4, which offers to sell for $919.00
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`the Lenovo LaVie 360, which is included in the Accused Products defined below. The website
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`includes an image of the Lenovo LaVie 360 operating in tent mode, and identifies Lenovo as the
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`seller:
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`16
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`Case 1:20-cv-00689-RGA Document 31 Filed 12/30/20 Page 17 of 164 PageID #: 1093
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`
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`http://tsdr.uspto.gov/documentviewer?caseId=sn86553493&docId=SOU20160810165541#docIn
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`dex=4&page=1
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`46.
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`The Statement of Use submitted by Lenovo Beijing in connection with the
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`LENOVO LAVIE mark included a declaration stating that “the applicant is the owner of the
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`mark sought to be registered; the mark is in use in commerce; for a trademark or service mark
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`application, the applicant is using the mark in commerce on or in connection with all the
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`goods/services in the application or notice of allowance.”
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`47.
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`Lenovo Beijing owns U.S. Registration No. 3,149,377 to the mark LENOVO for
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`goods that include “computers” and “notebook computers” and for services that include
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`“installation, maintenance and repair of computer hardware.”
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`48.
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`On October 13, 2011, Lenovo Beijing submitted a Declaration of Use that
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`included the following declaration: “The mark is in use in commerce on or in connection with
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`the goods and/or services identified above, as evidenced by the attached specimen(s) showing the
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`17
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`Case 1:20-cv-00689-RGA Document 31 Filed 12/30/20 Page 18 of 164 PageID #: 1094
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`mark as used in commerce.”
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`http://tsdr.uspto.gov/documentviewer?caseId=sn78217242&docId=81520111014155540#docInd
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`ex=6&page=1
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`49.
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`Lenovo Beijing submitted a specimen on October 13, 2011 that included a
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`screenshot of the Lenovo.com Domain, www.lenovo.com/products/us/desktop/essential/c-series,
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`which advertised products to be offered for sale in the United States:
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`50.
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`The specimen that Lenovo Beijing submitted on October 13, 2011 also included
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`screenshots of the Lenovo.com Domain, www.lenovo.com/en_US/product-service/default.page?,
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`18
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`Case 1:20-cv-00689-RGA Document 31 Filed 12/30/20 Page 19 of 164 PageID #: 1095
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`which allowed customers in the United States to check the status of their product and service
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`warranty, upgrade their warranty, or access their warranty policies:
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`19
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`Case 1:20-cv-00689-RGA Document 31 Filed 12/30/20 Page 20 of 164 PageID #: 1096
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`51.
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`Lenovo Beijing continues to use the LENOVO mark on the Lenovo.com Domain,
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`which allows customers in the United States who have purchased the Accused Products to
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`lookup their warranty, purchase a warranty upgrade, or view their warranty policies.
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`20
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`Case 1:20-cv-00689-RGA Document 31 Filed 12/30/20 Page 21 of 164 PageID #: 1097
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`52.
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`On August 31, 2016, Lenovo Beijing submitted a Declaration of Use that included
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`a specimen in which the use of the LENOVO mark on Lenovo Beijing’s Lenovo.com Domain is
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`visible, and is used in connection with an offer to sell a product within the United States.
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`
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`53.
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`Lenovo Beijing continues to use the LENOVO mark on the Lenovo.com Domain
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`in connection with offers to sell products within the United States, including each of the Accused
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`Products (defined below). For example, Lenovo Beijing displays the LENOVO mark on the
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`Lenovo.com Domain in connection with its offer to sell to customers within the United States,
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`including customers within Delaware, the 3rd Generation ThinkPad X1 Yoga, which is included
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`in the Accused Products.
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`21
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`Case 1:20-cv-00689-RGA Document 31 Filed 12/30/20 Page 22 of 164 PageID #: 1098
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`54.
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`Lenovo Beijing also displays the LENOVO mark on the Lenovo.com Domain in
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`connection with its offer to sell to customers within the United States, including customers
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`within Delaware, the Lenovo A940 All in One Desktop, which is one of the Accused Products:
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`
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`22
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`Case 1:20-cv-00689-RGA Document 31 Filed 12/30/20 Page 23 of 164 PageID #: 1099
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`55.
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`A Yoga A940, which is one of the Accused Products, was purchased in Delaware
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`from the Lenovo.com Domain. The underside of the device bears Lenovo Beijing’s LENOVO
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`mark:
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`56.
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`A 3rd Generation ThinkPad X1 Yoga, which is one of the Accused Products, was
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`purchased in the United States from Lenovo Beijing’s Lenovo.com Domain. The underside of
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`the device bears Lenovo Beijing’s LENOVO mark.
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`23
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`Case 1:20-cv-00689-RGA Document 31 Filed 12/30/20 Page 24 of 164 PageID #: 1100
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`
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`57.
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`The Accused Products are a significant source of revenue for Lenovo. In May
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`2019, the president of Lenovo’s North America Intelligent Devices Group, Matthew Zielinksi,
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`stated: “We took back the lead as the No. 1 PC company in the world. We hit a global market
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`share of 24.6 percent [for the fourth quarter of 2018, according to IDC], which is 16 percent
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`growth. ... Through calendar Q4 of last year, we were the fastest-growing PC manufacturer in the
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`largest five. Our shipments jumped 29 percent year to year, and in calendar Q4 we outgrew the
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`market by 26 points—just some astounding growth numbers there. That is North America alone.
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`Not only was it 26 percent year-on-year growth, but we were just way faster by a country mile
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`relative to the competition. ... We’re absolutely on fire, and I’m extraordinarily bullish on our
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`plans for next year.” https://www.crn.com/slide-shows/mobility/lenovo-s-matthew-zielinski-
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`intelligent-devices-group-is-absolutely-on-fire. Lenovo’s 2019 Annual Report states that the PC
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`and Smart Device (PCSD) Business, which is part of Lenovo’s Intelligent Devices Group, had “a
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`record revenue of US $38,475 million for the fiscal year, representing approximately 75 percent
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`of the Group’s total revenue.” (2019 Annual Report, p. 18). The 2019 Annual Report stated that
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`market share gain and revenue growth “were mainly driven by Asia Pacific (AP) and North
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`America (NA).” (Id.) The Accused Products fall within Lenovo’s PCSD Business. Given that
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`Lenovo accounts for nearly a quarter of global market share for personal computers, given
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`Lenovo’s “astounding growth” in North America, given that the PCSD Business that supplies the
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`Accused Products had over $38 billion in revenues in 2019, and given the large number of
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`
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`24
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`Case 1:20-cv-00689-RGA Document 31 Filed 12/30/20 Page 25 of 164 PageID #: 1101
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`devices in the Accused Products (defined below), upon information and belief customers in
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`United States, including in Delaware, have purchased the Accused Products from Lenovo
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`Beijing’s website in the past six years.
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`58.
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`Lenovo Beijing plays a significant role in realizing the revenue for one or more of
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`the Accused Products. For example, Lenovo Beijing’s development and design of one or more
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`of the Accused Products, its role with the manufacture and distribution of one or more of the
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`Accused Products, its role getting authorization to import and sell one or more of the Accused
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`Products in the United States and Delaware, its control over the trademarks used with the
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`Accused Products, and its control over the Lenovo.com Domain are all important to generating
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`the revenue associated with those Accused Products.
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`59.
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`On information and belief, people in Delaware and in the United States who buy
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`products from the Lenovo.com Domain understand that they are entering into a sales agreement
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`with Lenovo Beijing. The Sales Agreement available on the Lenovo.com Domain generically
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`refers to “Lenovo.” https://www.lenovo.com/us/en/legal/sales-agreement/. A person in
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`Delaware or the United States who used a WHOIS database to check who the “Lenovo”
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`providing the Sales Agreement would learn that Lenovo Beijing owns the Lenovo.com Domain.
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`https://who.is/whois/lenovo.com. Nothing on the Lenovo.com Domain indicates that the Sales
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`Agreement between “Lenovo” and customers in Delaware and the United States is actually an
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`agreement with Lenovo US. Consequently, on information and belief, people in Delaware and
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`the United States understand that the Sales Agreement on the Lenovo.com Domain is with
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`Lenovo Beijing.
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`60.
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`Lenovo Beijing’s purposeful contact with the United States and with Delaware is
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`evidenced by the following Lenovo Beijing conduct: involvement in the development and design
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`
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`25
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`Case 1:20-cv-00689-RGA Document 31 Filed 12/30/20 Page 26 of 164 PageID #: 1102
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`of one or more of the Accused Products for use in the United States and Delaware; involvement
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`in the manufacture and distribution of one or more of the Accused Products with the intent that
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`one or more of the Accused Products would be used in the United States and Delaware;
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`involvement in securing compliance with the FCC requirements for marketing, importing, selling
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`and using one or more of the Accused Products in the United States and Delaware; ownership of
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`and control over the trademarks used with the Accused Products; and ownership of,
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`responsibility for and control over the Lenovo.com Domain. But for these purposeful contacts
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`by Lenovo Beijing, one or more of the Accused Products would not have been imported, offered
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`for sale, sold, and used within the United States and Delaware, and therefore LiTL’s
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`infringement claims arise from these contacts.
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`61.
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`Lenovo has promoted one or more of the Accused Products at one or more
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`conventions, conferences, or trade shows in the United States.
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`https://www.lenovo.com/us/en/events/ces/products. On information and belief, Lenovo Beijing
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`and one or more of its employees has assisted Lenovo with preparation for such conventions or
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`has attended such conventions on Lenovo’s behalf. On information and belief, at such events,
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`Lenovo Beijing employees spoke with consumers in the United States, and offered to sell or sold
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`one or more of the Accused Products to consumers in the United States, or assisted other in
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`doing so. On information and belief, such consumers may have been from Delaware or received
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`such purchased Accused Products in Delaware. For example, Yuanqing Yang, the CEO of
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`Lenovo Group and the leader of Lenovo Beijing spoke at CES 2019 in Las Vegas, where many
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`of the Accused Products were promoted:
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`
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`26
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`Case 1:20-cv-00689-RGA Document 31 Filed 12/30/20 Page 27 of 164 PageID #: 1103
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`https://www.flickr.com/photos/lenovophotolibrary/46182094565/in/album-72157689698831183/
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`https://www.flickr.com/photos/lenovophotolibrary/40130936643/in/album-72157689698831183/
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`62.
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`The Yoga A940 was showcased and used on or around January 9, 2019, as
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`evidenced by the below photo from an album entitl