`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`ADVANCED MICRODEVICES, INC. and
`ATI TECHNOLOGIES ULC,
`
`Plaintiffs,
`
`v.
`
`TCL INDUSTRIES HOLDINGS CO., LTD.;
`TCL INDUSTRIES HOLDINGS (H.K.)
`LIMITED; TCL ELECTRONICS
`HOLDINGS LIMITED; TCL
`TECHNOLOGY GROUP CORPORATION;
`TTE CORPORATION; TCL HOLDINGS
`(BVI) LIMITED; TCL KING ELECTRICAL
`APPLIANCES (HUIZHOU) CO. LTD.;
`SHENZHEN TCL NEW TECHNOLOGIES
`CO., LTD.; TCL MOKA INTERNATIONAL
`LIMITED; TCL SMART DEVICE
`(VIETNAM) CO., LTD; MANUFACTURAS
`AVANZADAS SA DE CV; TCL
`ELECTRONICS MEXICO, S DE RL DE CV;
`TCL OVERSEAS MARKETING LTD.; and
`REALTEK SEMICONDUCTOR CORP.,
`
`Defendants.
`
`C.A. No. 2:22-cv-00134-JRG
`
`JURY TRIAL DEMANDED
`
`DECLARATION OF ROBERT J. BENSON IN SUPPORT OF
`DEFENDANT REALTEK SEMICONDUCTOR CORP.’S OPPOSITION TO
`PLAINTIFFS’ MOTION FOR DISCRETIONARY STAY PENDING FINAL
`DETERMINATION BY THE ITC OF INVESTIGATION NO. 337-TA-1318
`
`
`
`Case 2:22-cv-00134-JRG-RSP Document 43-1 Filed 08/05/22 Page 2 of 3 PageID #: 505
`
`I, Robert J. Benson, declare as follows:
`
`1.
`
`I am a Partner at Orrick, Herrington & Sutcliffe LLP. I represent Defendant
`
`Realtek Semiconductor Corp. (“Realtek”) in this action.
`
`2.
`
`I submit this Declaration in support of Defendant Realtek Semiconductor Corp.’s
`
`Opposition to Plaintiffs’ Motion for Discretionary Stay Pending Final Determination by the ITC
`
`of Investigation No. 337-TA-1318.
`
`3.
`
`I have personal knowledge of the facts set forth in this declaration, except as
`
`otherwise stated. I am competent to testify as to all matters stated, and if called upon to do so, I
`
`would testify to the facts set forth in this declaration.
`
`4.
`
`Attached hereto as Exhibit 1, is a true and correct copy of the proposed Docket
`
`Control Order for Patent Cases Assigned to Judge Rodney Gilstrap and Judge Roy Payne, which
`
`was provided to counsel at the scheduling conference in Advanced Micro Devices, Inc., et al. v.
`
`TCL Industries Holdings Co., Ltd., et al., U.S. District Court for the Eastern District of Texas,
`
`Marshall Division, Case No. 2:22-cv-01345-JRG-RSP.
`
`5.
`
`Attached hereto as Exhibit 2 is a true and correct copy of the Complaint filed on
`
`September 17, 2020 in Koninklijke Philips N.V. et al v. Realtek Semiconductor Corp., U.S.
`
`District Court for the District of Delaware, Case No. 1:20-cv-01247-CFC.
`
`6.
`
`Attached hereto as Exhibit 3 is a true and correct copy of the Complaint filed on
`
`September 18, 2020 in Certain Digital Video-Capable Devices and Components Thereof, Case
`
`No. 337-TA-1224.
`
`7.
`
`Attached hereto as Exhibit 4 is a true and correct copy of the public version of the
`
`Corrected Commission Opinion issued on April 26, 2022 in Certain Digital Video-Capable
`
`Devices and Components Thereof, Case No. 337-TA-1224. Complainant did not file a notice of
`
`1
`
`
`
`Case 2:22-cv-00134-JRG-RSP Document 43-1 Filed 08/05/22 Page 3 of 3 PageID #: 506
`
`appeal with the Federal Circuit appealing this decision of the Commission, and its statutory time
`
`for filing a notice of appeal has expired.
`
`8.
`
`Attached hereto as Exhibit 5 is a true and correct copy of an email dated May 27,
`
`2022 between Peter Snell and counsel bearing the subject line “Philips – District Court Actions
`
`(D. Del. And C.D. Cal)” and the attachment to that email.
`
`9.
`
`Attached hereto as Exhibit 6 is a true and correct copy of an email string dated
`
`August 4, 2022 between Adam Rizk and counsel bearing the subject line “2:22-cv-00134: E.D.
`
`Tex.”
`
`I declare under penalty of perjury under the laws of the United States of America that the
`
`foregoing is true and correct.
`
`Executed this 5th day of August, 2022.
`
`/s/ Robert J. Benson
` Robert J. Benson
`
`2
`
`