Case 2:22-cv-00134-JRG-RSP Document 72-4 Filed 04/05/23 Page 1 of 49 PageID #: 1245
`Case 2:22-cv-00134-JRG-RSP Document 72-4 Filed 04/05/23 Page 1 of 49 PagelD #: 1245
`
` EXHIBIT 3
`EXHIBIT 3
`
`

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`Case 2:22-cv-00134-JRG-RSP Document 72-4 Filed 04/05/23 Page 2 of 49 PageID #: 1246
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`UNITED STATES INTERNATIONAL TRADE COMMISSION
`WASHINGTON, D.C.
`
`Before the Honorable Cameron Elliot
`Administrative Law Judge
`
`
`In the Matter of
`
`CERTAIN GRAPHICS SYSTEMS,
`COMPONENTS THEREOF, AND
`DIGITAL TELEVISIONS CONTAINING
`THE SAME
`
`
`ITC Inv. No. 337-TA-1318
`
`RESPONDENTS TCL INDUSTRIES HOLDINGS CO., LTD., TCL INDUSTRIES
`HOLDINGS (H.K.) CO. 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 TECHNOLOGY 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,
`AND TCL OVERSEAS MARKETING LTD.’S RESPONSE TO THE
`COMPLAINT AND NOTICE OF INVESTIGATION
`
`Counsel for Respondents:
`John P. Schnurer
`Kevin J. Patariu
`Yun Louise Lu
`Vinay P. Sathe
`Kyle R. Canavera
`Hayden C. Householder
`PERKINS COIE LLP
`11452 El Camino Real, Suite 300
`San Diego, CA 92130-2080
`Phone: (858) 720-5700
`
`James B. Coughlan
`PERKINS COIE LLP
`700 Thirteenth Street N.W., Suite 800
`Washington, DC 20005-3960
`Phone: (202) 654-6200
`
`Email: PerkinsServiceTCLAMDITC@perkinscoie.com
`
`
`
`
`
`

`

`Case 2:22-cv-00134-JRG-RSP Document 72-4 Filed 04/05/23 Page 3 of 49 PageID #: 1247
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`PRELIMINARY STATEMENT
`
`Pursuant to Commission Rule 210.13 and 19 C.F.R. § 210.13, Respondents TCL
`
`Industries Holdings Co., Ltd., TCL Industries Holdings (H.K.) Co. Limited1, TCL Electronics
`
`Holdings Limited, TTE Corporation, TCL Holdings (BVI) Limited, TCL King Electrical
`
`Appliances (Huizhou) Co., Ltd., Shenzhen TCL New Technology Co.2, Ltd., TCL Smart Device
`
`(Vietnam) Co., Ltd., Manufacturas Avanzadas SA de CV, TCL Electronics Mexico, S de RL de
`
`CV, and TCL Overseas Marketing Ltd. (collectively, “TCL Industries”), and TCL Technology
`
`Group Corporation and TCL MOKA International Limited (collectively, “MOKA”) (collectively
`
`“TCL” for all the foregoing entities) hereby respond to the Complaint filed by Advanced Micro
`
`Devices, Inc. and ATI Technologies ULC (collectively “AMD” or “Complainants”) on May 5,
`
`2022 (“the Complaint”), the supplement to the complaint filed on May 18, 2022, and to the
`
`Notice of Investigation issued by the United States International Trade Commission
`
`(“Commission”) on June 1, 2022. As to the Notice of Investigation, TCL admits that such an
`
`investigation exists and that TCL is named as one of the respondents therein. TCL otherwise
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`denies the existence of the predicates and requirements for liability under such investigation, and
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`therefore, denies the allegations in the Notice of Investigation to the extent such allegations exist.
`
`RESPONSE TO THE NOTICE OF INVESTIGATION
`
`Responding to the Notice of Investigation, TCL admits that the Commission has initiated
`
`an Investigation under Section 337 and that each of the TCL Respondents is named as a
`
`
`1 AMD’s Complaint names “TCL Industries Holdings (H.K.) Limited” as a Respondent, but this
`entity does not exist. For the purpose of answering the Complaint, TCL assumes AMD refers to
`“TCL Industries Holdings (H.K.) Co. Limited”
`2 AMD’s Complaint names “Shenzhen TCL New Technologies Co., Ltd.” as a Respondent, but
`this entity does not exist. For the purpose of answering the Complaint, TCL assumes AMD
`refers to “Shenzhen TCL New Technology Co., Ltd.”
`
`Inv. No. 337-TA-1318
`TCL Respondents’ Answer to Complaint and Notice of Investigation
`
`- 2 -
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`

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`Case 2:22-cv-00134-JRG-RSP Document 72-4 Filed 04/05/23 Page 4 of 49 PageID #: 1248
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`
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`Respondent herein. TCL otherwise denies the existence of the predicates and requirements for
`
`liability under such investigation and therefore deny the allegations in the Notice of
`
`Investigation, to the extent such allegations exist. TCL denies that it has violated any provision
`
`of Section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. § 1337. TCL denies any
`
`violation of Section 337 through the importation into the United States, the sale for importation,
`
`and the sale within the United States after importation of certain graphics systems, components
`
`thereof, and digital televisions containing the same by reason of infringement of certain claims of
`
`U.S. Patent Nos. 7,742,053 (“the ’053 Patent”), 8,760,454 (“the ’454 Patent”), 11,184,628 (“the
`
`’628 Patent”), 8,468,547 (“the ’547 Patent”), and/or 8,854,381 (“the ’381 Patent”) (collectively,
`
`the “Asserted Patents”). TCL further denies that an industry in the United States exists or is in
`
`the process of being established as required by subsection (a)(2) of Section 337. TCL denies that
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`Complainants are entitled to any relief in this proceeding.
`
`STATEMENT PURSUANT TO COMMISSION RULE 210.13(b)
`
`Pursuant to Rule 210.13(b), 19 C.F.R. § 210.13(b), TCL provides certain information in
`
`the attached Confidential Attachment A. TCL specifically denies that any of the supplied data
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`refers or relates to any unlawful act under Section 337 or otherwise, and TCL specifically denies
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`that its Accused Products infringe on any valid or enforceable asserted claim of the Asserted
`
`Patents.
`
`RESPONSE TO COMPLAINT
`
`TCL has not had sufficient time and opportunity to collect and review all of the
`
`information that may be relevant and necessary to respond to the allegations raised in the
`
`Complaint. TCL reserves the right to take further positions and raise additional defenses that
`
`Inv. No. 337-TA-1318
`TCL Respondents’ Answer to Complaint and Notice of Investigation
`
`- 3 -
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`

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`Case 2:22-cv-00134-JRG-RSP Document 72-4 Filed 04/05/23 Page 5 of 49 PageID #: 1249
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`
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`may become apparent as a result of additional time that may be discovered subsequent to the
`
`filing of this Response.
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`Unless specifically admitted below, TCL denies each and every allegation set forth in the
`
`Complaint and any amendments and exhibits attached thereto.
`
`I.
`
`INTRODUCTION
`
`1.
`
`TCL admits that the Complainants purport to have filed their Complaint under
`
`Section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. § 1337. TCL denies engaging in
`
`unlawful importation into the United States, the unlawful sale for importation and/or the
`
`unlawful sale within the United States after importation, of articles covered by valid and
`
`enforceable United States patents owned by the Complainants. TCL denies that any TCL articles
`
`cited in the Complaint as being accused are covered by U.S. Patent Nos. 7,742,053 (“the ’053
`
`Patent”), U.S. Patent No. 8,760,454 (“the ’454 Patent”), U.S. Patent No. 11,184,628 (“the ’628
`
`Patent”), U.S. Patent No. 8,468,547 (“the ’547 Patent”), and U.S. Patent No. 8,854,381 (“the
`
`’381 Patent”) (collectively, the “Asserted Patents” or the “Patents-in-Suit”).
`
`2.
`
`TCL denies engaging in unlawful importation into the United States, the unlawful
`
`sale for importation and/or the unlawful sale within the United States after importation, of
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`articles covered by valid and enforceable United States patents owned by the Complainants.
`
`TCL lacks knowledge or information sufficient to form a belief regarding the remaining
`
`allegations in Paragraph 2 and, therefore, denies those allegations and averments.
`
`3.
`
`TCL denies that any TCL articles cited in the Complaint as being accused are
`
`covered by the Asserted Patents. TCL lacks knowledge or information sufficient to form a belief
`
`regarding the remaining allegations in Paragraph 3 and, therefore, denies those allegations and
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`averments.
`
`Inv. No. 337-TA-1318
`TCL Respondents’ Answer to Complaint and Notice of Investigation
`
`- 4 -
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`

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`Case 2:22-cv-00134-JRG-RSP Document 72-4 Filed 04/05/23 Page 6 of 49 PageID #: 1250
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`4.
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`TCL lacks knowledge or information sufficient to form a belief regarding the
`
`allegations in Paragraph 4 and, therefore, denies those allegations and averments.
`
`5.
`
`TCL denies the allegations in Paragraph 5 as they relate to TCL. TCL lacks
`
`knowledge or information sufficient to form a belief regarding the remaining allegations in
`
`Paragraph 5 and, therefore, denies those allegations and averments.
`
`6.
`
`TCL denies that Complainants’ characterization of the Asserted Patents in
`
`Paragraph 6 is accurate or correct. TCL lacks knowledge or information sufficient to form a
`
`belief regarding the remaining allegations in Paragraph 6 and, therefore, denies those allegations
`
`and averments.
`
`7.
`
`TCL lacks knowledge or information sufficient to form a belief regarding the
`
`allegations in Paragraph 7 and, therefore, denies those allegations and averments.
`
`8.
`
`TCL lacks knowledge or information sufficient to form a belief regarding the
`
`allegations in Paragraph 8 and, therefore, denies those allegations and averments.
`
`9.
`
`TCL lacks knowledge or information sufficient to form a belief regarding the
`
`allegations in Paragraph 9 and, therefore, denies those allegations and averments.
`
`10.
`
`TCL admits that Complainants purport to request a limited exclusion order under
`
`19 U.S.C. § 1337(d) and seek a cease and desist order pursuant to 19 U.S.C. § 1337(f). TCL
`
`denies the allegations in Paragraph 10 as they relate to TCL. TCL lacks knowledge or
`
`information sufficient to form a belief regarding the remaining allegations in Paragraph 10 and,
`
`therefore, denies those allegations and averments.
`
`11.
`
`TCL admits that Complainants purport to request a bond under 19 U.S.C. §
`
`1337(j). TCL denies the allegations in Paragraph 11 as they relate to TCL. TCL lacks
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`Inv. No. 337-TA-1318
`TCL Respondents’ Answer to Complaint and Notice of Investigation
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`- 5 -
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`Case 2:22-cv-00134-JRG-RSP Document 72-4 Filed 04/05/23 Page 7 of 49 PageID #: 1251
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`knowledge or information sufficient to form a belief regarding the remaining allegations in
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`Paragraph 11 and, therefore, denies those allegations and averments.
`
`II.
`
`THE PARTIES
`A.
`
`The Complainants
`
`12.
`
`TCL lacks knowledge or information sufficient to form a belief regarding the
`
`allegations in Paragraph 12 and, therefore, denies those allegations and averments.
`
`B.
`
`13.
`
`The Proposed Respondents
`
`TCL lacks knowledge or information sufficient to form a belief regarding the
`
`allegations in Paragraph 13 and, therefore, denies those allegations and averments.
`
`14.
`
`TCL admits that it is composed of foreign-based corporations. TCL denies the
`
`remaining allegations and averments in Paragraph 14.
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`15.
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`TCL admits that Exhibit 12 purports to be an annual report regarding TCL, which
`
`identifies certain TCL entities and their legal statuses. TCL denies the remaining allegations and
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`averments in Paragraph 15.
`
`16.
`
`TCL admits that Exhibit 12 purports to be an annual report regarding TCL, which
`
`identifies certain TCL entities. TCL denies the remaining allegations and averments in
`
`Paragraph 16.
`
`1.
`
`TCL
`
`TCL Industries Holdings Co. Ltd.
`
`17.
`
`TCL admits that TCL Industries Holdings Co. Ltd. is a Chinese corporation with
`
`a principal place of business at 22nd Floor, TCL Technical Tower, Huifeng Third Road,
`
`Zhongkai Development Zone, Huizhou, Guangdong, P.R. China 516006. TCL admits that TCL
`
`Industries Holdings Co. Ltd. is an indirect parent of TCL Electronics Holdings Limited. TCL
`
`admits that Exhibit 12 purports to be an annual report regarding TCL and that Exhibit 13
`
`Inv. No. 337-TA-1318
`TCL Respondents’ Answer to Complaint and Notice of Investigation
`
`- 6 -
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`

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`Case 2:22-cv-00134-JRG-RSP Document 72-4 Filed 04/05/23 Page 8 of 49 PageID #: 1252
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`
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`purports to be a legal filing regarding TCL. TCL denies the remaining allegations and averments
`
`in Paragraph 17.
`
`18.
`
`TCL denies the allegations and averments in Paragraph 18.
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`TCL Industries Holdings (H.K.) Co. Limited
`
`19.
`
`TCL denies any allegations and averments toward “TCL Industries Holdings
`
`(H.K.) Limited.” TCL admits that TCL Industries Holdings (H.K.) Co. Limited is a Hong Kong
`
`corporation with a principal place of business at 8th Floor, Building 22E, Phase Three, Hong
`
`Kong Science Park, Pak Shek Kok, New Territories, Hong Kong. TCL admits that TCL
`
`Industries Holdings (H.K.) Co. Limited a wholly-owned subsidiary of TCL Industries Holdings
`
`Co., Ltd. TCL admits that Exhibit 12 purports to be an annual report regarding TCL, Exhibit 13
`
`purports to be a legal filing regarding TCL, and that Exhibit 14 purports to contain information
`
`regarding TCL. TCL denies the remaining allegations and averments in Paragraph 19.
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`20.
`
`TCL denies the allegations and averments in Paragraph 20.
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`TCL Electronics Holdings Limited
`
`21.
`
`TCL admits that the principal place of business and headquarters for TCL
`
`Electronics Holdings Ltd. (“TCL Electronics”) is located at 7th Floor, Building 22E, 22 Science
`
`Park East Avenue, Hong Kong Science Park, Shatin, New Territories, Hong Kong. TCL admits
`
`that TCL Electronics Holdings Limited is a subsidiary of TCL Industries Holdings (H.K.) Co.
`
`Ltd. and that TCL Electronics Holdings Limited is a direct or indirect parent of TCL Holdings
`
`(BVI) Limited, TCL King Electrical Appliances (Huizhou) Co. Ltd., and Shenzhen TCL New
`
`Technology Co., Ltd. TCL further admits that Exhibit 12 purports to be an annual report
`
`regarding TCL, that Exhibit 17 purports to be a certificate of interest regarding TCL, that Exhibit
`
`15 purports to contain information regarding TCL, and that Exhibit 13 purports to be a legal
`
`filing regarding TCL. TCL denies the remaining allegations and averments in Paragraph 21.
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`Inv. No. 337-TA-1318
`TCL Respondents’ Answer to Complaint and Notice of Investigation
`
`- 7 -
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`

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`Case 2:22-cv-00134-JRG-RSP Document 72-4 Filed 04/05/23 Page 9 of 49 PageID #: 1253
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`22.
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`TCL denies the allegations and averments in Paragraph 22.
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`TCL Technology Group Corporation
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`23.
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`TCL admits that TCL Technology Group Corporation is a Chinese Corporation
`
`and the principal place of business and headquarters is at TCL Technology Building, No. 17,
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`Huifeng Third Road, Zhongkai High-Tech Development Zone, Huizhou, Guangdong, P.R. China
`
`516001. TCL admits that Exhibit 12 purports to be an annual report regarding TCL, Exhibit 16
`
`purports to contain information regarding TCL, and that Exhibit 13 purports to be a legal filing
`
`regarding TCL. TCL denies the remaining allegations and averments in Paragraph 23.
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`24.
`
`TCL denies the allegations and averments in Paragraph 24.
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`TTE Corporation
`
`25.
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`TCL admits that TTE Corporation is a British Virgin Islands corporation. TCL
`
`denies that its principal place of business is at 7/F, Building 22E, 22 Science Park East Avenue,
`
`Hong Kong Science Park, Sha Tin, New Territories, Hong Kong. TCL admits that TTE
`
`Corporation is a subsidiary of TCL Electronics Holdings Limited. TCL admits that Exhibit 17
`
`purports to be a certificate of interest regarding TCL, that Exhibits 18 and 19 purport to contain
`
`information regarding TCL, and that Exhibit 13 purports to be a legal filing regarding TCL.
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`TCL denies the remaining allegations and averments in Paragraph 25.
`
`26.
`
`TCL admits that TTE Corporation is a parent of TTE Technology, Inc. TCL
`
`admits that Exhibits 20 and 21 purport to be a legal filing regarding TCL, and that Exhibit 40
`
`purports to contain information regarding TCL. TCL denies the remaining allegations and
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`averments in Paragraph 26.
`
`27.
`
`TCL denies the allegations and averments in Paragraph 27.
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`Inv. No. 337-TA-1318
`TCL Respondents’ Answer to Complaint and Notice of Investigation
`
`- 8 -
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`

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`Case 2:22-cv-00134-JRG-RSP Document 72-4 Filed 04/05/23 Page 10 of 49 PageID #:
`1254
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`TCL Holdings (BVI) Limited
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`28.
`
`TCL admits that TCL Holdings (BVI) Limited is a British Virgin Island
`
`Corporation. TCL admits that its principal place of business is at 5/F, Building 22E, 22 Science
`
`Park East Avenue, Hong Kong Science Park, Sha Tin, New Territories, Hong Kong, Hong Kong.
`
`TCL admits that TCL Holdings (BVI) Limited is a subsidiary of TCL Electronics Holdings
`
`Limited. TCL admits that TCL Holdings (BVI) Limited is a direct parent of TCL King
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`Electrical Appliances (Huizhou) Co. Ltd. TCL admits that Exhibits 22, 23, and 13 purport to be
`
`a legal filings regarding TCL. TCL denies the remaining allegations and averments in Paragraph
`
`28.
`
`29.
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`TCL denies the allegations and averments in Paragraph 29.
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`TCL King Electrical Appliances (Huizhou) Co. Ltd.
`
`30.
`
`TCL admits that TCL King Electrical Appliances (Huizhou) Co. Ltd. is a Chinese
`
`corporation. TCL denies that its principal place of business is at No. 78, Huifeng Fourth Road,
`
`Zhongkai Development Zone, Huizhou, Guangdong, P.R. China 516006. TCL admits that TCL
`
`King Electrical Appliances (Huizhou) Co. Ltd. is a subsidiary of TCL Holdings (BVI) Limited.
`
`TCL admits that TCL King Electrical Appliances (Huizhou) Co. Ltd. is a direct parent of
`
`Shenzhen TCL New Technology Co., Ltd. TCL admits that Exhibit 17 purports to be a
`
`certificate of interest regarding TCL, that Exhibits 24 purports to contain information regarding
`
`TCL, and that Exhibit 13 purports to be a legal filing regarding TCL. TCL denies the remaining
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`allegations and averments in Paragraph 30.
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`31.
`
`TCL admits that TCL King Electrical Appliances (Huizhou) Co. Ltd.
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`manufactures digital televisions outside of the United States. TCL denies the remaining
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`allegations and averments in Paragraph 31.
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`Inv. No. 337-TA-1318
`TCL Respondents’ Answer to Complaint and Notice of Investigation
`
`- 9 -
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`

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`Case 2:22-cv-00134-JRG-RSP Document 72-4 Filed 04/05/23 Page 11 of 49 PageID #:
`1255
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`Shenzhen TCL New Technology Co., Ltd.
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`32.
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`TCL denies any allegations and averments toward “Shenzhen TCL New
`
`Technologies Co., Ltd.” TCL admits that Shenzhen TCL New Technology Co., Ltd. is a
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`Chinese corporation, with its principal place of business is at 9th Floor, TCL Electronics
`
`Holdings Limited Building, TCL International E City, No. 1001, Zhongshan Park Road,
`
`Nanshan District, Shenzhen, Guangdong, P.R. China 518067. TCL admits that Shenzhen TCL
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`New Technology Co., Ltd. is a direct subsidiary of TCL King Electrical Appliances (Huizhou)
`
`Co. Ltd. TCL admits that Exhibit 17 purports to be a certificate of interest regarding TCL, that
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`Exhibit 25 purports to contain information regarding TCL, and that Exhibit 13 purports to be a
`
`legal filing regarding TCL. TCL denies the remaining allegations and averments in Paragraph
`
`32.
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`33.
`
`TCL denies the allegations and averments in Paragraph 33.
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`TCL MOKA International Limited
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`34.
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`TCL admits that its principal place of business is at 7/F Hong Kong Science Park,
`
`Building 22 E, 22 Science Park East Avenue, Sha Tin, New Territories, Hong Kong. TCL
`
`admits that Exhibits 26 and 27 purport to contain information regarding TCL. TCL denies the
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`remaining allegations and averments in Paragraph 34.
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`35.
`
`TCL admits that TCL MOKA International Limited is in the business of selling
`
`digital televisions outside of the United States. TCL denies the remaining allegations and
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`averments in Paragraph 35.
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`TCL Smart Device (Vietnam) Co., Ltd.
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`36.
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`TCL admits that Shenzhen TCL New Technology Co., Ltd. is a Vietnam
`
`corporation, with its principal place of business is at No. 26 VSIP II-A, Street 32, Vietnam
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`Inv. No. 337-TA-1318
`TCL Respondents’ Answer to Complaint and Notice of Investigation
`
`- 10 -
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`Case 2:22-cv-00134-JRG-RSP Document 72-4 Filed 04/05/23 Page 12 of 49 PageID #:
`1256
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`Singapore Industrial Park IIA, Tan Binh Commune, Bac Tan Uyen District, Binh Duong
`
`Province, Vietnam 75000. TCL admits that TCL Smart Device (Vietnam) Co., Ltd. is an indirect
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`subsidiary of Respondent TCL Electronics Holdings Ltd. TCL further admits that Exhibit 12
`
`purports to be an annual report regarding TCL, that Exhibit 28 purports to contain information
`
`regarding TCL, that Exhibit 29 purports to be an article regarding TCL, and that Exhibit 13
`
`purports to be a legal filing regarding TCL. TCL denies the remaining allegations and averments
`
`in Paragraph 36.
`
`37.
`
`TCL admits that TCL Smart Device (Vietnam) Co., Ltd. manufactures digital
`
`televisions outside of the United States. TCL denies the remaining allegations and averments in
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`Paragraph 37.
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`Manufacturas Avanzadas SA de CV
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`38.
`
`TCL admits that Manufacturas Avanzadas SA de CV is a Mexican corporation.
`
`TCL admits that Manufacturas Avanzadas SA de CV is an indirect subsidiary of TCL
`
`Electronics Holdings Ltd. TCL admits that Exhibit 12 purports to be an annual report regarding
`
`TCL and that Exhibit 13 purports to be a legal filing regarding TCL. TCL denies the remaining
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`allegations and averments in Paragraph 38.
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`39.
`
`TCL admits that Manufacturas Avanzadas SA de CV manufactures digital
`
`televisions outside the United States. TCL denies the remaining allegations and averments in
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`Paragraph 39.
`
`TCL Electronics Mexico, S de RL de CV
`
`40.
`
`TCL admits that TCL Electronics Mexico, S de RL de CV is a Mexican
`
`corporation. TCL admits that its principal place of business is at Av. Insurgentes Sur 1425,
`
`Insurgentes Mixcoac, Benito Juarez, Distrito Federal, Mexico 03920. TCL admits that TCL
`
`Inv. No. 337-TA-1318
`TCL Respondents’ Answer to Complaint and Notice of Investigation
`
`- 11 -
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`Case 2:22-cv-00134-JRG-RSP Document 72-4 Filed 04/05/23 Page 13 of 49 PageID #:
`1257
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`Electronics Mexico, S de RL de CV is an indirect subsidiary of TCL Electronics Holdings Ltd.
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`TCL further admits that Exhibits 30 and 31 purport to contain information regarding TCL, that
`
`Exhibit 29 purports to be an article regarding TCL, and that Exhibit 13 purports to be a legal
`
`filing regarding TCL. TCL denies the remaining allegations and averments in Paragraph 40.
`
`41.
`
`TCL denies the allegations and averments in Paragraph 41.
`
`TCL Overseas Marketing Ltd.
`
`42.
`
`TCL admits that TCL Overseas Marketing Ltd. is a British Virgin Islands
`
`corporation. TCL admits that its principal place of business is at 5/F, Building 22E, 22 Science
`
`Park East Avenue, Hong Kong Science Park, Sha Tin, New Territories, Hong Kong. TCL
`
`admits that TCL Overseas Marketing Ltd. is an indirect subsidiary of TCL Electronics Holdings
`
`Ltd. TCL admits that Exhibit 12 purports to be an annual report regarding TCL, that Exhibit 32
`
`purports to contain information regarding TCL, and that Exhibit 13 purports to be a legal filing
`
`regarding TCL. TCL denies the remaining allegations and averments in Paragraph 42.
`
`43.
`
`TCL denies the allegations and averments in Paragraph 43.
`
`2.
`
`Realtek
`
`44.
`
`TCL lacks knowledge or information sufficient to form a belief regarding the
`
`allegations in Paragraph 44 and, therefore, denies those allegations and averments.
`
`45.
`
`TCL lacks knowledge or information sufficient to form a belief regarding the
`
`allegations in Paragraph 45 and, therefore, denies those allegations and averments.
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`46.
`
`TCL lacks knowledge or information sufficient to form a belief regarding the
`
`allegations in Paragraph 46 and, therefore, denies those allegations and averments.
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`47.
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`TCL lacks knowledge or information sufficient to form a belief regarding the
`
`allegations in Paragraph 47 and, therefore, denies those allegations and averments.
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`Inv. No. 337-TA-1318
`TCL Respondents’ Answer to Complaint and Notice of Investigation
`
`- 12 -
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`Case 2:22-cv-00134-JRG-RSP Document 72-4 Filed 04/05/23 Page 14 of 49 PageID #:
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`48.
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`TCL lacks knowledge or information sufficient to form a belief regarding the
`
`allegations in Paragraph 48 and, therefore, denies those allegations and averments.
`
`III. THE PATENTS
`
`49.
`
`TCL admits that Complainants purport to provide a general description of certain
`
`technical matters in Paragraph 49, but TCL denies that this description is accurate or complete,
`
`or that the language used is correct. TCL denies that Complainants’ characterization of the
`
`Asserted Patents in Paragraph 49 is accurate or correct. TCL lacks knowledge or information
`
`sufficient to form a belief regarding the remaining allegations in Paragraph 49 and, therefore,
`
`denies those allegations and averments.
`
`50.
`
`TCL admits that Complainants purport to provide a general description of certain
`
`technical matters in Paragraph 50, but TCL denies that this description is accurate or complete,
`
`or that the language used is correct. TCL lacks knowledge or information sufficient to form a
`
`belief regarding the remaining allegations in Paragraph 50 and, therefore, denies those
`
`allegations and averments.
`
`51.
`
`TCL admits that Complainants purport to provide a general description of certain
`
`technical matters in Paragraph 51, but TCL denies that this description is accurate or complete,
`
`or that the language used is correct. TCL lacks knowledge or information sufficient to form a
`
`belief regarding the remaining allegations in Paragraph 51 and, therefore, denies those
`
`allegations and averments.
`
`52.
`
`TCL admits that Exhibit 38C purports to be a list of entities with confidential
`
`agreements with AMD. TCL admits that Exhibit 11C purports to have details regarding
`
`agreements between AMD and purported licensees. TCL lacks knowledge or information
`
`sufficient to form a belief regarding the remaining allegations in Paragraph 52 and, therefore,
`
`denies those allegations and averments.
`
`Inv. No. 337-TA-1318
`TCL Respondents’ Answer to Complaint and Notice of Investigation
`
`- 13 -
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`

`

`Case 2:22-cv-00134-JRG-RSP Document 72-4 Filed 04/05/23 Page 15 of 49 PageID #:
`1259
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`
`
`A.
`
`THE ASSERTED ’053 PATENT
`1.
`
`Ownership and Asserted Claims of the ’053 Patent
`
`53.
`
`TCL admits that United States Patent No. 7,742,053 (“the ’053 Patent”) is entitled
`
`“Multi-Thread Graphics Processing System” and that the ’053 Patent purports to name Laurent
`
`Lefebvre, Andrew E. Gruber, and Stephen L. Morein as inventors. TCL admits that the ’053
`
`Patent purports to have been issued on June 22, 2010. TCL admits that the ’053 Patent purports
`
`to have been issued from United States Patent Application No. 11/746,453 filed on May 9, 2007.
`
`TCL denies that any claim of the ’053 Patent is entitled to a priority date earlier than the actual
`
`filing date of the ’053 Patent. TCL lacks knowledge or information sufficient to form a belief
`
`regarding the remaining allegations in Paragraph 53 and, therefore, denies those allegations and
`
`averments.
`
`54.
`
`TCL admits that the ’053 Patent purports to have been the result of a continuation
`
`of United States Patent Application No. 10/673,761, which was filed on September 29, 2003,
`
`which is now United States Patent No. 7,239,322. TCL denies that any claim of the ’053 Patent
`
`is entitled to a priority date earlier than the actual filing date of the ’053 Patent. TCL admits that
`
`the ’053 Patent purports to have been issued on June 22, 2010. TCL lacks knowledge or
`
`information sufficient to form a belief regarding the remaining allegations in Paragraph 54 and,
`
`therefore, denies those allegations and averments.
`
`55.
`
`TCL admits that Exhibit 1 purports to a certified copy of the ’053 Patent and
`
`Exhibit 6 purports to be assignment records of the ’053 Patent. TCL lacks knowledge or
`
`information sufficient to form a belief regarding the remaining allegations in Paragraph 55 and,
`
`therefore, denies those allegations and averments.
`
`56.
`
`TCL admits that Appendix A purports to be a certified copy of the prosecution
`
`history of the ’053 Patent. TCL admits that Appendix B purports to be a certified copy of the
`
`Inv. No. 337-TA-1318
`TCL Respondents’ Answer to Complaint and Notice of Investigation
`
`- 14 -
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`

`

`Case 2:22-cv-00134-JRG-RSP Document 72-4 Filed 04/05/23 Page 16 of 49 PageID #:
`1260
`
`
`
`’053 Patent to and additional materials related to the prosecution history of the ’053 Patent. TCL
`
`lacks knowledge or information sufficient to form a belief regarding the remaining allegations in
`
`Paragraph 56 and, therefore, denies those allegations and averments.
`
`57.
`
`TCL lacks knowledge or information sufficient to form a belief regarding the
`
`allegations in Paragraph 57 and, therefore, denies those allegations and averments.
`
`58.
`
`TCL admits that the ’053 Patent purports to have nine (9) claims, which includes
`
`two (2) independent claims and seven (7) dependent claims. TCL lacks knowledge or
`
`information sufficient to form a belief regarding the remaining allegations in Paragraph 58 and,
`
`therefore, denies those allegations and averments.
`
`2.
`
`Foreign Counterparts to the ’053 Patent
`
`59.
`
`TCL lacks knowledge or information sufficient to form a belief regarding the
`
`allegations in Paragraph 59 and, therefore, denies those allegations and averments.
`
`3.
`
`Non-Technical Description of the ’053 Patent
`
`60.
`
`TCL admits that Complainants purport to provide a general description of certain
`
`technical matters in Paragraph 60, but TCL denies that this description is accurate or complete,
`
`or that the language used is correct. TCL lacks knowledge or information sufficient to form a
`
`belief regarding the remaining allegations in Paragraph 60 and, therefore, denies those
`
`allegations and averments.
`
`61.
`
`TCL admits that Complainants purport to provide a general description of certain
`
`technical matters in Paragraph 61, but TCL denies that this description is accurate or complete,
`
`or that the language used is correct. TCL denies that Complainants’ characterization of the ’053
`
`patent in Paragraph 61 is accurate or correct. TCL lacks knowledge or information sufficient to
`
`form a belief regarding the remaining allegations in Paragraph 61 and, therefore, denies those
`
`allegations and averments.
`
`Inv. No. 337-TA-1318
`TCL Respondents’ Answer to Complaint and Notice of Investigation
`
`- 15 -
`
`

`

`Case 2:22-cv-00134-JRG-RSP Document 72-4 Filed 04/05/23 Page 17 of 49 PageID #:
`1261
`
`
`
`B.
`
`THE ASSERTED ’454 PATENT
`1.
`
`Ownership and Asserted Claims of the ’454 Patent
`
`62.
`
`TCL admits that United States Patent No. 8,760,454 (“the ’454 Patent”) is entitled
`
`“Graphics processing architecture employing a unified shader” and that the ’454 Patent purports
`
`to name Stephen L. Morein, Laurent Lefebvre, Andrew E. Gruber, and Andi Skende as
`
`inventors. TCL admits that the ’454 Patent purports to have been issued on June 24, 2014. TCL
`
`admits that the ’454 Patent purports to have been issued from United States Patent Application
`
`No. 13/109,738 filed on May 17, 2011. TCL denies that any claim of the ’454 Patent is entitled
`
`to a priority date earlier than the actual filing date of the ’454 Patent. TCL lacks knowledge or
`
`information sufficient to form a belief regarding the remaining allegations in Paragraph 62 and,
`
`therefore, denies those allegations and averments.
`
`63.
`
`TCL admits that the ’454 Patent purports to be a continuation of United States
`
`Patent Application No. 12/791,597, filed on Jun. 1, 2010, now abandoned, which is a
`
`continuation of United States Patent Application No. 11/842,256, filed on Aug. 21, 2007, now
`
`abandoned, which is a continuation of United States Patent Application No. 11/117,863, filed on
`
`Apr. 29, 2005, now United States Patent No. 7.327.369, which is a continuation of United States
`
`Patent Application No. 10/718,318, filed on Nov. 20, 2003, now United States Patent No.
`
`6,897,871. TCL denies that any claim of the ’454 Patent is entitled to a priority date earlier than
`
`the actual filing date of the ’454 Patent. TCL lacks knowledge or information sufficient to form
`
`a belief regarding the remaining allegations in Paragraph 63 and, therefore, denies those
`
`allegations and averments.
`
`64.
`
`TCL admits that Exhibit 2 purports to be a certified copy of the ’454 Patent and
`
`Exhibit 7 purports to be assignment records of the ’454 Patent. TCL lacks knowledge or
`
`Inv. No. 337-TA-1318
`TCL Respondents’ Answer to Complaint and Notice of Investigation
`
`- 16 -
`
`

`

`Case 2:22-cv-00134-JRG-RSP Document 72-4 Filed 04/05/23 Page 18 of 49 PageID #:
`1262
`
`
`
`information sufficient to form a belief regarding the remaining allegations in Paragraph 64 and,
`
`therefore, denies those allegations and averments.
`
`65.
`
`TCL admits that Appendix C purports to be a certified copy of the prosecution
`
`hi