Case 1:23-cv-00122-RGA Document 30 Filed 10/16/23 Page 1 of 10 PageID #: 1486
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`C.A. No. 23-122-RGA
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`JURY TRIAL DEMANDED
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`LITL LLC,
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`Plaintiff,
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`v.
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`ASUSTEK COMPUTER INC., ASUS
`GLOBAL PTE. LTD., and ASUS
`TECHNOLOGY PTE. LIMITED,
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`Defendants.
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`MICROSOFT CORPORATION,
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`Intervenor-Plaintiff,
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`v.
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`LITL LLC,
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`Intervenor-Defendant.
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`MICROSOFT CORPORATION’S COMPLAINT IN INTERVENTION
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`Pursuant to Rule 24(c) of the Federal Rules of Civil Procedure, Intervenor-Plaintiff Microsoft
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`Corporation (“Microsoft”) alleges as follows for its Complaint in Intervention against Plaintiff and
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`Intervenor-Defendant LiTL LLC (“LiTL” or “Plaintiff”):
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`1.
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`Microsoft seeks a declaratory judgment of non-infringement pursuant to the
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`Declaratory Judgment Act, 28 U.S.C. §§ 2201(a) and 2202.
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`PARTIES
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`2.
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`Microsoft is a corporation organized under the laws of the State of Washington,
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`with its principal place of business at One Microsoft Way, Redmond, Washington 98052.
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`3.
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`Plaintiff and Defendant in Intervention LiTL LLC purports to be a Delaware
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`company, having its principal place of business at 501 Boylston Street, Boston, Massachusetts
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`02116.
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`RLF1 29647385v.1
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`LiTL Exhibit 2037
`MSFT v. LiTL
`IPR2024-00457
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`

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`Case 1:23-cv-00122-RGA Document 30 Filed 10/16/23 Page 2 of 10 PageID #: 1487
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`JURISDICTION AND VENUE
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`4.
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`This action arises under the patent laws of the United States, 35 U.S.C. §§ 1 et seq.,
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`and the Declaratory Judgment Act, 28 U.S.C. §§ 2201 and 2202. This Court has subject matter
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`jurisdiction over this action pursuant to 28 U.S.C. §§ 1331 and 1338(a).
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`5.
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`6.
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`Venue is proper in this District pursuant to 28 U.S.C. §§ 1391(b) and (c) and 1400.
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`This Court has personal jurisdiction over LiTL due to its filing of the original
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`Complaint and First Amended Complaint in this action.
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`
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`FACTUAL BACKGROUND AND MICROSOFT’S INTEREST IN THIS ACTION
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`7.
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`LiTL filed its original Complaint (D.I. 1) in this action on February 1, 2023,
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`accusing ASUSTeK Computer Inc., Asus Global Pte. Ltd., and Asus Technology Pte. Limited
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`(collectively, “ASUS”) of selling computing devices such as laptop computers that infringe certain
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`claims of: U.S. Patent No. 8,289,688 (“the ’688 patent”); U.S. Patent No. 8,624,844 (“the ’844
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`patent”); U.S. Patent No. 9,563,229 (“the ’229 patent”); U.S. Patent No.10,289,154 (“the ’154
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`patent”); U.S. Patent No. 9,003,315 (“the ’315 patent”); U.S. Patent No. 9,880,715 (“the ’715
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`patent”); U.S. Patent No. 10,564,818 (“the ’818 patent”); and U.S. Patent No. 8,612,888 (“the ’888
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`patent”) (collectively, the “Asserted Patents”).
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`8.
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`ASUS is a customer of Microsoft’s.
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` ASUS sells computer products that
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`incorporate Microsoft’s Windows Operating System. Microsoft has certain defense and indemnity
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`obligations to ASUS relating to ASUS’s use of Microsoft’s Windows Operating System.
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`9.
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`On May 1, 2023, LiTL filed a First Amended Complaint against ASUS. (D.I. 19
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`(“First Amended Complaint”).) In the First Amended Complaint, LiTL alleges that LiTL is “the
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`legal owner by assignment of the entire right, title, and interest in and to the Asserted Patents.”
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`(First Amended Complaint at ¶ 3; see also id. at ¶¶ 41(cid:3013)48.)
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`10.
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`The First Amended Complaint specifically identified numerous ASUS devices that
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`run Windows as allegedly infringing the ’154 patent, the ’315 patent, the ’715 patent, the
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`’818 patent, and the ’888 patent. (First Amended Complaint at ¶¶ 22, 24(cid:3013)25, 26(cid:3013)27, 56(cid:3013)62, 152(cid:3013)
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`161, 168, 174(cid:3013)182, 194, 200(cid:3013)205, 212, 218(cid:3013)221, 228, 234(cid:3013)241, 248.) In fact, for every count in
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`the First Amended Complaint, LiTL identifies the same set of ASUS devices running the same
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`Windows operating system as allegedly infringing.
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`11.
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`The First Amended Complaint specifically identifies graphical user interface
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`features of the Windows Operating System in support of the allegations of infringement for the
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`’154 patent, the ’315 patent, the ’715 patent, the ’818 patent, and the ’888 patent. (First Amended
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`Complaint at ¶¶ 159, 161, 174, 176(cid:3013)182, 200, 203(cid:3013)205, 219, 221, 234(cid:3013)236, 238(cid:3013)241.)
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`12.
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`The
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`’154 patent
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`is entitled “Portable computer with multiple display
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`configurations.” The First Amended Complaint alleges that ASUS infringes claim 11 of the
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`’154 patent. (First Amended Complaint at ¶ 151.) The First Amended Complaint alleges that
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`ASUS devices that run Microsoft’s Windows Operating System infringe the ’154 patent. (Id. at
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`¶¶ 152(cid:3013)161.) The First Amended Complaint relies on user interface features of the Windows
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`Operating System as demonstrating infringement by the ASUS devices. (Id. at ¶¶ 159, 161.)
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`13.
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`The ’315 patent is entitled “System and method for streamlining user interaction
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`with electronic content.” The First Amended Complaint alleges that ASUS infringes claim 1 of
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`the ’315 patent. (First Amended Complaint at ¶ 173.) The First Amended Complaint alleges that
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`ASUS devices that, on information and belief, run Microsoft’s Windows Operating System
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`infringe the ’315 patent. (Id. at ¶¶ 174(cid:3013)182.) The First Amended Complaint relies on user
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`interface features of the Windows Operating System to support the allegations of functionality for
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`the ASUS devices. (Id. at ¶¶ 174, 176(cid:3013)182.)
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`14.
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`The ’715 patent is entitled “System and method for streamlining user interaction
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`with electronic content.” The First Amended Complaint alleges that ASUS infringes claim 1 of
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`the ’715 patent. (First Amended Complaint at ¶ 199.) The First Amended Complaint alleges that
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`ASUS devices that, on information and belief, run Microsoft’s Windows Operating System
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`infringe the ’715 patent. (Id. at ¶¶ 200(cid:3013)205.) The First Amended Complaint relies on user
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`interface features of the Windows Operating System to support the allegations of functionality for
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`the ASUS devices. (Id. at ¶¶ 200, 203(cid:3013)205.)
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`15.
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`The ’818 patent is entitled “System and method for streamlining user interaction
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`with electronic content.” The First Amended Complaint alleges that ASUS infringes claim 1 of
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`the ’818 patent. (First Amended Complaint at ¶ 217.) The First Amended Complaint alleges that
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`ASUS devices that, on information and belief, run Microsoft’s Windows Operating System
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`infringe the ’818 patent. (Id. at ¶¶ 218(cid:3013)221.) The First Amended Complaint relies on user
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`interface features of the Windows Operating System to support the allegations of functionality for
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`the ASUS devices. (Id. at ¶¶ 219, 221.)
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`16.
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`The ’888 patent is entitled “Method and apparatus for managing digital media
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`content.” The First Amended Complaint alleges that ASUS infringes claim 27 of the ’888 patent.
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`(First Amended Complaint at ¶ 233.) The First Amended Complaint alleges that ASUS devices
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`that, on information and belief, run Microsoft’s Windows Operating System infringe the
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`’888 patent. (Id. at ¶¶ 234(cid:3013)241.) The First Amended Complaint relies on user interface features
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`of the Windows Operating System to support the allegations of functionality for the ASUS devices.
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`(Id. at ¶¶ 234(cid:3013)236, 238(cid:3013)241.)
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`17.
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`LiTL’s assertions that ASUS’s Windows-based devices infringe the ’154 patent,
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`the ’315 patent, the ’715 patent, the ’818 patent, and the ’888 patent as a result of functionality
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`provided by Windows are tantamount to allegations that Microsoft’s own Windows products
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`directly infringe these Asserted Patents. Thus, Microsoft has a direct and substantial interest in
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`defending against and defeating LiTL’s claims of infringement.
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`18.
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`Upon information and belief, LiTL has taken the position that at least the use, sale,
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`and offer for sale of the Windows Operating System pre-installed in the accused ASUS products
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`infringes one or more claims of the ’154 patent, the ’315 patent, the ’715 patent, the ’818 patent,
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`and the ’888 patent.
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`19.
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`An actual and justiciable controversy exists between Microsoft and LiTL as to
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`whether or not Microsoft has infringed any claim of the ’154 patent, the ’315 patent, the
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`’715 patent, the ’818 patent, and the ’888 patent, directly or indirectly, based on the Windows
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`Operating System.
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`20.
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`As a result of LiTL’s Windows-based infringement allegations against ASUS,
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`Microsoft has an objectively reasonable apprehension that LiTL will claim that Microsoft’s
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`products, including at least the Windows Operating System, directly or indirectly infringe one or
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`more claims of the ’154 patent, the ’315 patent, the ’715 patent, the ’818 patent, and the
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`’888 patent. Therefore, an actual controversy exists between Microsoft and LiTL. By intervening
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`in this action, Microsoft seeks the Court’s assistance and declaration concerning these matters,
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`which have been and are subjects of disagreement among the parties.
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`COUNT 1
`(Declaratory Judgment of Noninfringement of U.S. Patent No. 10,289,154)
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`21. Microsoft restates, realleges, and incorporates by reference paragraphs 1 through
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`20.
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`22.
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`A valid and justiciable controversy has arisen and exists between Microsoft and
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`LiTL regarding the ’154 patent.
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`23. Microsoft does not infringe any claim of the ’154 patent, including claim 11, either
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`directly or indirectly, and thus Microsoft’s customer, ASUS, does not infringe any claim of the ’154
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`patent, including claim 11, by reason of its incorporation of Microsoft’s Windows Operating System
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`into its computer products.
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`24.
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`A judicial declaration concerning these matters is necessary and appropriate at this
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`time so that Microsoft can determine its rights and duties with respect to the parties and with respect
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`to designing, developing, manufacturing, marketing, and selling its products. Absent such a
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`declaration, LiTL will continue to assert the ’154 patent against Microsoft and/or Microsoft’s
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`customers, and thereby cause Microsoft irreparable injury and damage. Microsoft has no other
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`adequate remedy at law.
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`COUNT 2
`(Declaratory Judgment of Noninfringement of U.S. Patent No. 9,003,315)
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`25. Microsoft restates, realleges, and incorporates by reference paragraphs 1 through
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`24.
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`26.
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`A valid and justiciable controversy has arisen and exists between Microsoft and
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`LiTL regarding the ’315 patent.
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`27. Microsoft does not infringe any claim of the ’315 patent, including claims 1 and 17,
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`either directly or indirectly, and thus Microsoft’s customer, ASUS, does not infringe any claim of
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`the ’315 patent, including claims 1 and 17, by reason of its incorporation of Microsoft’s Windows
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`Operating System into its computer products.
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`28.
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`A judicial declaration concerning these matters is necessary and appropriate at this
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`time so that Microsoft can determine its rights and duties with respect to the parties and with respect
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`to designing, developing, manufacturing, marketing, and selling its products. Absent such a
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`declaration, LiTL will continue to assert the ’315 patent against Microsoft and/or Microsoft’s
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`customers, and thereby cause Microsoft irreparable injury and damage. Microsoft has no other
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`adequate remedy at law.
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`COUNT 3
`(Declaratory Judgment of Noninfringement of U.S. Patent No. 9,880,715)
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`29. Microsoft restates, realleges, and incorporates by reference paragraphs 1 through
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`28.
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`30.
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`A valid and justiciable controversy has arisen and exists between Microsoft and
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`LiTL regarding the ’715 patent.
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`31. Microsoft does not infringe any claim of the ’715 patent, including claim 1, either
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`directly or indirectly, and thus Microsoft’s customer, ASUS, does not infringe any claim of the ’715
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`patent, including claim 1, by reason of its incorporation of Microsoft’s Windows Operating System
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`into its computer products.
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`32.
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`A judicial declaration concerning these matters is necessary and appropriate at this
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`time so that Microsoft can determine its rights and duties with respect to the parties and with respect
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`to designing, developing, manufacturing, marketing, and selling its products. Absent such a
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`declaration, LiTL will continue to assert the ’715 patent against Microsoft and/or Microsoft’s
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`customers, and thereby cause Microsoft irreparable injury and damage. Microsoft has no other
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`adequate remedy at law.
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`COUNT 4
`(Declaratory Judgment of Noninfringement of U.S. Patent No. 10,564,818)
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`33. Microsoft restates, realleges, and incorporates by reference paragraphs 1 through
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`32.
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`34.
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`A valid and justiciable controversy has arisen and exists between Microsoft and
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`LiTL regarding the ’818 patent.
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`35. Microsoft does not infringe any claim of the ’818 patent, including claim 1, either
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`directly or indirectly, and thus Microsoft’s customer, ASUS, does not infringe any claim of the ’818
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`patent, including claim 1, by reason of its incorporation of Microsoft’s Windows Operating System
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`into its computer products.
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`36.
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`A judicial declaration concerning these matters is necessary and appropriate at this
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`time so that Microsoft can determine its rights and duties with respect to the parties and with respect
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`to designing, developing, manufacturing, marketing, and selling its products. Absent such a
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`declaration, LiTL will continue to assert the ’818 patent against Microsoft and/or Microsoft’s
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`customers, and thereby cause Microsoft irreparable injury and damage. Microsoft has no other
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`adequate remedy at law.
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`COUNT 5
`(Declaratory Judgment of Noninfringement of U.S. Patent No. 8,612,888)
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`37. Microsoft restates, realleges, and incorporates by reference paragraphs 1 through
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`36.
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`38.
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`A valid and justiciable controversy has arisen and exists between Microsoft and
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`LiTL regarding the ’888 patent.
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`39. Microsoft does not infringe any claim of the ’888 patent, including claim 27, either
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`directly or indirectly, and thus Microsoft’s customer, ASUS, does not infringe any claim of the ’888
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`patent, including claim 27, by reason of its incorporation of Microsoft’s Windows Operating System
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`into its computer products.
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`40.
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`A judicial declaration concerning these matters is necessary and appropriate at this
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`time so that Microsoft can determine its rights and duties with respect to the parties and with respect
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`to designing, developing, manufacturing, marketing, and selling its products. Absent such a
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`declaration, LiTL will continue to assert the ’888 patent against Microsoft and/or Microsoft’s
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`customers, and thereby cause Microsoft irreparable injury and damage. Microsoft has no other
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`adequate remedy at law.
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`Therefore, Microsoft requests judgment against LiTL as follows:
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`REQUESTED RELIEF
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`a.
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`b.
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`c.
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`d.
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`e.
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`f.
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`A Declaration that Microsoft does not infringe any claim of the ’154 patent;
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`A Declaration that Microsoft does not infringe any claim of the ’315 patent;
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`A Declaration that Microsoft does not infringe any claim of the ’715 patent;
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`A Declaration that Microsoft does not infringe any claim of the ’818 patent;
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`A Declaration that Microsoft does not infringe any claim of the ’888 patent;
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`A determination that this case is “exceptional” within the meaning of 35 U.S.C.
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`§ 285, entitling Microsoft to an award of its reasonable attorneys’ fees, expenses
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`and costs; and
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`g.
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`A grant of such other and further equitable or legal relief as the Court deems proper.
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`DEMAND FOR JURY TRIAL
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`Microsoft hereby demands trial by jury on all issues so triable.
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`OF COUNSEL:
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`PERKINS COIE LLP
`Christina J. McCullough
`Jassiem Moore
`1201 Third Avenue, Suite 4900
`Seattle, WA 98101-3099
`(206) 359-8000
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`
`
`
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`
`
`/s/ Kelly E. Farnan
`Kelly E. Farnan (#4395)
`Richards Layton & Finger, P.A.
`One Rodney Square
`920 North King Street
`Wilmington, DE 19801
`(302) 651-7700
`farnan@rlf.com
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`Attorneys for Intervenor-Plaintiff
`Microsoft Corporation
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`Case 1:23-cv-00122-RGA Document 30 Filed 10/16/23 Page 10 of 10 PageID #: 1495
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`Chao (Wendy) Wang
`3150 Porter Drive
`Palo Alto, CA 94304-1212
`(650) 838-4300
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`Kyle R. Canavera
`11452 El Camino Real, Suite 300
`San Diego, CA 92130-2080
`(858) 720-5700
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`Chad Campbell
`Elizabeth Baxter
`2901 North Central Avenue, Suite 2000
`Phoenix, AZ 85012-2788
`(602) 351-8000
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`Dated: October 13, 2023
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