Case 2:22-cv-00134-JRG-RSP Document 73-3 Filed 04/05/23 Page 1 of 44 PageID #: 1330
`Case 2:22-cv-00134-JRG-RSP Document 73-3 Filed 04/05/23 Page 1 of 44 PagelD #: 1330
`
` EXHIBIT 2
`EXHIBIT 2
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`

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`Case 2:22-cv-00134-JRG-RSP Document 73-3 Filed 04/05/23 Page 2 of 44 PageID #: 1331
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`UNITED STATES INTERNATIONAL TRADE COMMISSION
`WASHINGTON, D.C.
`
`Before the Honorable Cameron R. Elliot
`Administrative Law Judge
`
`In the Matter of
`
`CERTAIN GRAPHICS SYSTEMS,
`COMPONENTS THEREOF, AND
`DIGITAL TELEVISIONS CONTAINING
`THE SAME
`
`Investigation No. 337-TA-1318
`
`RESPONSE OF RESPONDENT REALTEK SEMICONDUCTOR CORP. TO THE
`COMPLAINT OF COMPLAINANTS ADVANCED MICRO DEVICES, INC. AND ATI
`TECHNOLOGIES ULC AND THE COMMISSION’S NOTICE OF INVESTIGATION
`
`Jordan L. Coyle
`Christopher Higgins
`ORRICK, HERRINGTON & SUTCLIFFE LLP
`Columbia Center
`1152 15th Street, NW
`Washington, DC 20005-1706
`Tel: (202) 339-8400
`Facsimile: (202) 339-8500
`Email: Realtek-1318-Service@orrick.com
`
`Jeffrey Johnson
`ORRICK, HERRINGTON & SUTCLIFFE LLP
`609 Main Street, 40th Floor
`Houston, TX 77002
`Tel: (713) 658-6400
`Facsimile: (713) 658-6401
`Email: Realtek-1318-Service@orrick.com
`
`Robert Benson
`Michael Chow
`Johannes Hsu
`Jana Zaidan
`ORRICK, HERRINGTON & SUTCLIFFE LLP
`2050 Main Street, Suite 1100
`Irvine, CA 92614
`Tel: (949) 567-6700
`Facsimile: (949) 567-6710
`Email: Realtek-1318-Service@orrick.com
`
`Weimin Ning
`ORRICK, HERRINGTON & SUTCLIFFE LLP
`51 West 52nd Street
`New York, NY 10019
`Telephone: (212) 506-5000
`Facsimile: (212) 506-5151
`Email: Realtek-1318-Service@orrick.com
`
`

`

`Case 2:22-cv-00134-JRG-RSP Document 73-3 Filed 04/05/23 Page 3 of 44 PageID #: 1332
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`Pursuant to Commission Rule 210.13 (19 C.F.R. § 210.13), Respondent Realtek
`
`Semiconductor Corp. (“Realtek”), by and through counsel, hereby responds as follows to the
`
`Complaint under Section 337 of the Tariff Act of 1930, as amended (the “Complaint”), filed by
`
`Complainants Advanced Micro Devices, Inc. and ATI Technologies ULC (“AMD” or
`
`“Complainant”) on May 5, 2022, and the Notice of Investigation issued on June 1, 2022 (87 Fed.
`
`Reg. 34718 (June 7, 2022)). Realtek responds to allegations concerning Realtek only and the
`
`specific Realtek entity identified above. Realtek denies each and every allegation in the
`
`Complaint and Notice of Investigation except as specifically admitted herein. The responses
`
`below reflect only the current status of Realtek’s knowledge and belief regarding the subject
`
`matter of the allegations after a reasonable investigation was conducted.
`
`As an initial matter, Realtek denies that it has engaged in unfair competition or violated
`
`Section 337 of the Tariff Act of 1930, as amended, by importing, selling for importation, or
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`selling within the United States after importation any devices, products, or articles that infringe
`
`any valid and enforceable patent in this Investigation. Moreover, Realtek contends that AMD
`
`lacked the required factual, legal, and evidentiary basis for its infringement allegations against
`
`Realtek when filing its Complaint, that AMD continues to lack an adequate factual, legal, and
`
`evidentiary basis for maintaining its infringement claims against Realtek, and that AMD
`
`therefore has violated Commission Rule 210.4(c). Realtek further avers that no industry exists in
`
`the United States as required by 19 U.S.C. § 1337(a)(3), and therefore denies the allegations that
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`any such industry exists.
`
`These responses are subject to additional or different information that may be discovered
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`during the course of this Investigation. Realtek reserves the right to take additional and/or
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`modified positions, or raise additional defenses, after this Response is submitted.
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`1
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`

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`Pursuant to Rule 210.13(b), Realtek states that it does not have available statistical data
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`regarding the quantity and value of imports of the involved article. Realtek specifically denies
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`that any of the information or data it might ultimately supply (if any) regarding imports relate to
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`or support any allegations of patent infringement against Realtek or any violation of 19 U.S.C. §
`
`1337.
`
`Except as otherwise noted, the following headings and numbered paragraphs correspond
`
`to those set forth in the Complaint. Realtek does not admit the truth of any allegation contained
`
`in those headings.
`
`I.
`
`INTRODUCTION
`
`1.
`
`Realtek admits that AMD filed the Complaint to institute an investigation pursuant
`
`to Section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. § 1337 (“Section 337”). Realtek
`
`denies that it has violated or is violating Section 337. Realtek further denies that its graphics
`
`systems directly infringe, contributorily infringe, or induce others to infringe the asserted claims
`
`of 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”). To the
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`extent Paragraph 1 of the Complaint contains allegations that do not pertain to Realtek, Realtek
`
`lacks sufficient knowledge or information to form a belief as to the truth of such allegations and
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`therefore denies them.
`
`2.
`
`Realtek admits that Paragraph 2 of the Complaint lists the proposed Respondents.
`
`Realtek denies any allegation that it has acted unlawfully, and further denies any allegation in
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`Paragraph 2 of the Complaint directed to Realtek. Realtek denies that it directly infringes,
`
`contributorily infringes, or induces others to infringe the asserted claims of the Asserted Patents.
`
`To the extent Paragraph 2 of the Complaint contains allegations directed to an entity other than
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`2
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`Realtek, no response is required. To the extent a further response is required, Realtek lacks
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`sufficient knowledge or information to form a belief as to the truth of the remaining allegations in
`
`Paragraph 2 of the Complaint and, on that basis, denies them.
`
`3.
`
`Realtek denies that any of its products infringe any valid and enforceable claim of
`
`the Asserted Patents. To the extent Paragraph 3 of the Complaint contains allegations directed to
`
`an entity other than Realtek, no response is required. To the extent a further response is required,
`
`Realtek lacks sufficient knowledge or information to form a belief as to the truth of the remaining
`
`allegations in Paragraph 3 of the Complaint and, on that basis, denies them.
`
`4.
`
`Realtek admits that Paragraph 4 of the Complaint identifies categories of Accused
`
`Products. Realtek denies that any of its products infringe any valid and enforceable claim of the
`
`Asserted Patents. To the extent Paragraph 4 of the Complaint contains allegations directed to an
`
`entity other than Realtek, no response is required. To the extent a further response is required,
`
`Realtek lacks knowledge or information sufficient to form a belief as to the truth of the remaining
`
`allegations in Paragraph 4 of the Complaint and, on that basis, denies them.
`
`5.
`
`Realtek admits that Paragraph 5 of the Complaint identifies Asserted Claims of the
`
`Asserted Patents. Realtek denies that any of its products infringe any valid and enforceable claim
`
`of the Asserted Patents. To the extent Paragraph 5 of the Complaint contains allegations directed
`
`to an entity other than Realtek, no response is required. To the extent a further response is required,
`
`Realtek lacks knowledge or information sufficient to form a belief as to the truth of the remaining
`
`allegations in Paragraph 5 of the Complaint and, on that basis, denies them.
`
`6.
`
`7.
`
`Denied.
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`Realtek lacks sufficient knowledge or information to form a belief as to the truth of
`
`the allegations in Paragraph 7 of the Complaint, and on that basis, denies them.
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`3
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`8.
`
`Realtek lacks sufficient knowledge or information to form a belief as to the truth of
`
`the allegations in Paragraph 8 of the Complaint, and on that basis, denies them.
`
`9.
`
`Realtek lacks sufficient knowledge or information to form a belief as to the truth of
`
`the allegations in Paragraph 9 of the Complaint, and on that basis, denies them.
`
`10.
`
`Realtek admits that AMD purports to seek a limited exclusion order and a cease
`
`and desist order. Realtek denies that such a limited exclusion order or a cease and desist order is
`
`warranted. Realtek denies that it has violated or is violating 19 U.S.C. § 1337. Realtek further
`
`denies that its products infringe, contributorily infringe, or induce others to infringe the asserted
`
`claims of the Asserted Patents. To the extent Paragraph 10 of the Complaint contains allegations
`
`directed to an entity other than Realtek, no response is required. To the extent a further response
`
`is required, Realtek lacks knowledge or information sufficient to form a belief as to the truth of
`
`the remaining allegations in Paragraph 5 of the Complaint and, on that basis, denies them.
`
`11.
`
`Realtek admits that AMD purports to seek a bond upon Respondents’ importation
`
`of accused products during the Presidential review period pursuant to 19 U.S.C. § 1337(j). Realtek
`
`denies such a bond is warranted.
`
`II.
`
`THE PARTIES
`
`A.
`
`12.
`
`The Complainants
`
`Realtek lacks sufficient knowledge or information to form a belief as to the truth
`
`of the allegations in Paragraph 12 of the Complaint, and on that basis, denies them.
`
`The Proposed Respondents
`
`Paragraph 13 of the Complaint does not contain factual allegations requiring a
`
`B.
`
`13.
`
`response.
`
`14.
`
`Paragraph 14 of the Complaint is directed to a Respondent other than Realtek and
`
`therefore no response from Realtek is required. To the extent a response is nonetheless deemed
`
`4
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`to be required, Realtek lacks sufficient knowledge or information to form a belief as to the truth
`
`of the allegations in Paragraph 14 of the Complaint and, on that basis, denies them.
`
`15.
`
`Paragraph 15 of the Complaint is directed to a Respondent other than Realtek and
`
`therefore no response from Realtek is required. To the extent a response is nonetheless deemed
`
`to be required, Realtek lacks sufficient knowledge or information to form a belief as to the truth
`
`of the allegations in Paragraph 15 of the Complaint and, on that basis, denies them.
`
`16.
`
`Paragraph 16 of the Complaint is directed to a Respondent other than Realtek and
`
`therefore no response from Realtek is required. To the extent a response is nonetheless deemed
`
`to be required, Realtek lacks sufficient knowledge or information to form a belief as to the truth
`
`of the allegations in Paragraph 16 of the Complaint and, on that basis, denies them.
`
`1.
`
`TCL
`
`TCL Industries Holdings Co. Ltd
`
`17.
`
`Paragraph 17 of the Complaint is directed to a Respondent other than Realtek and
`
`therefore no response from Realtek is required. To the extent a response is nonetheless deemed
`
`to be required, Realtek lacks sufficient knowledge or information to form a belief as to the truth
`
`of the allegations in Paragraph 17 of the Complaint and, on that basis, denies them.
`
`18.
`
`Paragraph 18 of the Complaint is directed to a Respondent other than Realtek and
`
`therefore no response from Realtek is required. To the extent a response is nonetheless deemed
`
`to be required, Realtek lacks sufficient knowledge or information to form a belief as to the truth
`
`of the allegations in Paragraph 18 of the Complaint and, on that basis, denies them.
`
`TCL Industries Holdings (H.K.) Ltd
`
`19.
`
`Paragraph 19 of the Complaint is directed to a Respondent other than Realtek and
`
`therefore no response from Realtek is required. To the extent a response is nonetheless deemed
`
`5
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`to be required, Realtek lacks sufficient knowledge or information to form a belief as to the truth
`
`of the allegations in Paragraph 19 of the Complaint and, on that basis, denies them.
`
`20.
`
`Paragraph 20 of the Complaint is directed to a Respondent other than Realtek and
`
`therefore no response from Realtek is required. To the extent a response is nonetheless deemed
`
`to be required, Realtek lacks sufficient knowledge or information to form a belief as to the truth
`
`of the allegations in Paragraph 20 of the Complaint and, on that basis, denies them.
`
`TCL Electronics Holdings Limited
`
`21.
`
`Paragraph 21 of the Complaint is directed to a Respondent other than Realtek and
`
`therefore no response from Realtek is required. To the extent a response is nonetheless deemed
`
`to be required, Realtek lacks sufficient knowledge or information to form a belief as to the truth
`
`of the allegations in Paragraph 21 of the Complaint and, on that basis, denies them.
`
`22.
`
`Paragraph 22 of the Complaint is directed to a Respondent other than Realtek and
`
`therefore no response from Realtek is required. To the extent a response is nonetheless deemed
`
`to be required, Realtek lacks sufficient knowledge or information to form a belief as to the truth
`
`of the allegations in Paragraph 22 of the Complaint and, on that basis, denies them.
`
`TCL Technology Group Corporation
`
`23.
`
`Paragraph 23 of the Complaint is directed to a Respondent other than Realtek and
`
`therefore no response from Realtek is required. To the extent a response is nonetheless deemed
`
`to be required, Realtek lacks sufficient knowledge or information to form a belief as to the truth
`
`of the allegations in Paragraph 23 of the Complaint and, on that basis, denies them.
`
`24.
`
`Paragraph 24 of the Complaint is directed to a Respondent other than Realtek and
`
`therefore no response from Realtek is required. To the extent a response is nonetheless deemed
`
`to be required, Realtek lacks sufficient knowledge or information to form a belief as to the truth
`
`of the allegations in Paragraph 24 of the Complaint and, on that basis, denies them.
`
`6
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`Case 2:22-cv-00134-JRG-RSP Document 73-3 Filed 04/05/23 Page 9 of 44 PageID #: 1338
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`TTE Corporation
`
`25.
`
`Paragraph 25 of the Complaint is directed to a Respondent other than Realtek and
`
`therefore no response from Realtek is required. To the extent a response is nonetheless deemed
`
`to be required, Realtek lacks sufficient knowledge or information to form a belief as to the truth
`
`of the allegations in Paragraph 25 of the Complaint and, on that basis, denies them.
`
`26.
`
`Paragraph 26 of the Complaint is directed to a Respondent other than Realtek and
`
`therefore no response from Realtek is required. To the extent a response is nonetheless deemed
`
`to be required, Realtek lacks sufficient knowledge or information to form a belief as to the truth
`
`of the allegations in Paragraph 26 of the Complaint and, on that basis, denies them.
`
`27.
`
`Paragraph 27 of the Complaint is directed to a Respondent other than Realtek and
`
`therefore no response from Realtek is required. To the extent a response is nonetheless deemed
`
`to be required, Realtek lacks sufficient knowledge or information to form a belief as to the truth
`
`of the allegations in Paragraph 27 of the Complaint and, on that basis, denies them.
`
`TCL Holdings (BVI) Limited
`
`28.
`
`Paragraph 28 of the Complaint is directed to a Respondent other than Realtek and
`
`therefore no response from Realtek is required. To the extent a response is nonetheless deemed
`
`to be required, Realtek lacks sufficient knowledge or information to form a belief as to the truth
`
`of the allegations in Paragraph 28 of the Complaint and, on that basis, denies them.
`
`29.
`
`Paragraph 29 of the Complaint is directed to a Respondent other than Realtek and
`
`therefore no response from Realtek is required. To the extent a response is nonetheless deemed
`
`to be required, Realtek lacks sufficient knowledge or information to form a belief as to the truth
`
`of the allegations in Paragraph 29 of the Complaint and, on that basis, denies them.
`
`7
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`Case 2:22-cv-00134-JRG-RSP Document 73-3 Filed 04/05/23 Page 10 of 44 PageID #:
`1339
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`TCL King Electrical Appliances (Huizhou) Co. Ltd
`
`30.
`
`Paragraph 30 of the Complaint is directed to a Respondent other than Realtek and
`
`therefore no response from Realtek is required. To the extent a response is nonetheless deemed
`
`to be required, Realtek lacks sufficient knowledge or information to form a belief as to the truth
`
`of the allegations in Paragraph 30 of the Complaint and, on that basis, denies them.
`
`31.
`
`Paragraph 31 of the Complaint is directed to a Respondent other than Realtek and
`
`therefore no response from Realtek is required. To the extent a response is nonetheless deemed
`
`to be required, Realtek lacks sufficient knowledge or information to form a belief as to the truth
`
`of the allegations in Paragraph 31 of the Complaint and, on that basis, denies them.
`
`Shenzhen TCL New Technologies Co., Ltd.
`
`32.
`
`Paragraph 32 of the Complaint is directed to a Respondent other than Realtek and
`
`therefore no response from Realtek is required. To the extent a response is nonetheless deemed
`
`to be required, Realtek lacks sufficient knowledge or information to form a belief as to the truth
`
`of the allegations in Paragraph 32 of the Complaint and, on that basis, denies them.
`
`33.
`
`Paragraph 33 of the Complaint is directed to a Respondent other than Realtek and
`
`therefore no response from Realtek is required. To the extent a response is nonetheless deemed
`
`to be required, Realtek lacks sufficient knowledge or information to form a belief as to the truth
`
`of the allegations in Paragraph 33 of the Complaint and, on that basis, denies them.
`
`TCL MOKA International Limited
`
`34.
`
`Paragraph 34 of the Complaint is directed to a Respondent other than Realtek and
`
`therefore no response from Realtek is required. To the extent a response is nonetheless deemed
`
`to be required, Realtek lacks sufficient knowledge or information to form a belief as to the truth
`
`of the allegations in Paragraph 34 of the Complaint and, on that basis, denies them.
`
`8
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`35.
`
`Paragraph 35 of the Complaint is directed to a Respondent other than Realtek and
`
`therefore no response from Realtek is required. To the extent a response is nonetheless deemed
`
`to be required, Realtek lacks sufficient knowledge or information to form a belief as to the truth
`
`of the allegations in Paragraph 35 of the Complaint and, on that basis, denies them.
`
`TCL Smart Device (Vietnam) Co., Ltd.
`
`36.
`
`Paragraph 36 of the Complaint is directed to a Respondent other than Realtek and
`
`therefore no response from Realtek is required. To the extent a response is nonetheless deemed
`
`to be required, Realtek lacks sufficient knowledge or information to form a belief as to the truth
`
`of the allegations in Paragraph 36 of the Complaint and, on that basis, denies them.
`
`37.
`
`Paragraph 37 of the Complaint is directed to a Respondent other than Realtek and
`
`therefore no response from Realtek is required. To the extent a response is nonetheless deemed
`
`to be required, Realtek lacks sufficient knowledge or information to form a belief as to the truth
`
`of the allegations in Paragraph 37 of the Complaint and, on that basis, denies them.
`
`Manuracturas Avanzadas SA de CV
`
`38.
`
`Paragraph 38 of the Complaint is directed to a Respondent other than Realtek and
`
`therefore no response from Realtek is required. To the extent a response is nonetheless deemed
`
`to be required, Realtek lacks sufficient knowledge or information to form a belief as to the truth
`
`of the allegations in Paragraph 38 of the Complaint and, on that basis, denies them.
`
`39.
`
`Paragraph 39 of the Complaint is directed to a Respondent other than Realtek and
`
`therefore no response from Realtek is required. To the extent a response is nonetheless deemed
`
`to be required, Realtek lacks sufficient knowledge or information to form a belief as to the truth
`
`of the allegations in Paragraph 39 of the Complaint and, on that basis, denies them.
`
`9
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`1341
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`TCL Electronics Mexico, S de RL de CV
`
`40.
`
`Paragraph 40 of the Complaint is directed to a Respondent other than Realtek and
`
`therefore no response from Realtek is required. To the extent a response is nonetheless deemed
`
`to be required, Realtek lacks sufficient knowledge or information to form a belief as to the truth
`
`of the allegations in Paragraph 40 of the Complaint and, on that basis, denies them.
`
`41.
`
`Paragraph 41 of the Complaint is directed to a Respondent other than Realtek and
`
`therefore no response from Realtek is required. To the extent a response is nonetheless deemed
`
`to be required, Realtek lacks sufficient knowledge or information to form a belief as to the truth
`
`of the allegations in Paragraph 41 of the Complaint and, on that basis, denies them.
`
`42.
`
`Paragraph 42 of the Complaint is directed to a Respondent other than Realtek and
`
`therefore no response from Realtek is required. To the extent a response is nonetheless deemed
`
`to be required, Realtek lacks sufficient knowledge or information to form a belief as to the truth
`
`of the allegations in Paragraph 42 of the Complaint and, on that basis, denies them.
`
`43.
`
`Paragraph 43 of the Complaint is directed to a Respondent other than Realtek and
`
`therefore no response from Realtek is required. To the extent a response is nonetheless deemed
`
`to be required, Realtek lacks sufficient knowledge or information to form a belief as to the truth
`
`of the allegations in Paragraph 43 of the Complaint and, on that basis, denies them.
`
`2.
`
`Realtek
`
`44.
`
`Realtek admits that Realtek Semiconductor Corporation is a corporation duly
`
`organized and existing under the laws of Taiwan with its principal place of business at No. 2
`
`Innovation Road II, Hsinchu Science Park, Hsinchu 300, Taiwan. Realtek admits that Exhibits
`
`33 and 34 purport to be printouts from the Realtek website. Realtek denies the remainder of the
`
`allegations in Paragraph 44 of the Complaint.
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`10
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`1342
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`45.
`
`Realtek admits that Exhibits 33 and 34 purport to be printouts from the Realtek
`
`website and that Exhibit 35 purports to be a printout of the CES Floorplan, but denies the
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`remainder of the allegations in Paragraph 45 of the Complaint.
`
`46.
`
`Realtek admits that AMD purports that Exhibit 36 shows a Linkedin Profile of a
`
`“Strategic Sr. Sales Manager – President Office.” Realtek denies the remainder of Paragraph 46
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`on the ground that it is vague and compound and states legal conclusions.
`
`47.
`
`Realtek admits that AMD purports that Exhibit 37 shows a “Realtek 2020 Annual
`
`Report” and that it appears to include the excerpt from the Annual Report. To the extent a
`
`further response is required, Realtek denies any remaining allegations in Paragraph 47 of the
`
`Complaint.
`
`48.
`
`Denied.
`
`III. THE PATENTS
`
`49.
`
`Realtek denies that “[t]he Asserted Patents cover novel architectures for graphics
`
`processing unit circuitry.” Realtek lacks sufficient knowledge or information to form a belief as
`
`to the truth of the allegations in Paragraph 49 of the Complaint and, on that basis, denies them.
`
`50.
`
`Paragraph 50 of the Complaint does not contain factual allegations requiring a
`
`response.
`
`51.
`
`Paragraph 51 of the Complaint does not contain factual allegations requiring a
`
`response.
`
`52.
`
`Realtek lacks sufficient knowledge or information to form a belief as to the truth
`
`of the allegations in Paragraph 49 of the Complaint and, on that basis, denies them.
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`11
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`1343
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`A.
`
`THE ASSERTED ’053 PATENT
`
`1.
`
`Ownership and Asserted Claims of the ’053 Patent
`
`53.
`
`Realtek admits that the first page of United States Patent No. 7,742,053 (“the ’053
`
`Patent”) reflects a title of “Multi-Thread Graphics Processing System.” Realtek further admits
`
`that the ’053 Patent, on its face, purports to have issued on June 22, 2010, to inventors Laurent
`
`Lefebvre, Andrew E. E. Gruber, and Stephen L. Morein from United States Patent Application
`
`No. 11/746,453 filed on May 9, 2007.
`
`54.
`
`Realtek admits that the ’053 Patent, on its face, purports to be a continuation of
`
`United States Patent Application No. 10/673,761 (now U.S. Patent No. 7,239,322), filed on
`
`September 29, 2003. Realtek lacks sufficient knowledge or information to form a belief as to the
`
`truth of the remaining allegations in Paragraph 54 of the Complaint, and on that basis, denies
`
`them.
`
`55.
`
`Realtek admits that AMD purports to have included certified copies of the ’053
`
`Patent and its assignment records as Exhibits 1 and 6. Realtek lacks sufficient knowledge or
`
`information to form a belief as to the truth of the remaining allegations in Paragraph 55 of the
`
`Complaint, and on that basis, denies them.
`
`56.
`
`Realtek admits that AMD purports to have included a certified copy of the United
`
`States Patent and Trademark Office prosecution history for the ’053 Patent in Appendix A.
`
`Realtek admits that AMD purports to have included a certified copy of the ’053 Patent and each
`
`patent, and applicable pages of each technical reference, mentioned in the prosecution history of
`
`the ’053 Patent in Appendix B.
`
`57.
`
`Realtek lacks sufficient knowledge or information to form a belief as to the truth
`
`of the allegations in Paragraph 57 of the Complaint, and on that basis, denies them.
`
`12
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`Case 2:22-cv-00134-JRG-RSP Document 73-3 Filed 04/05/23 Page 15 of 44 PageID #:
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`58.
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`Realtek admits that the ’053 Patent, on its face, appears to have nine claims,
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`including two independent claims (1 and 5), and seven dependent claims. Realtek admits that
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`AMD is asserting at least claims 1–4, and 5–9 of the ’053 Patent (the “Asserted ’053 Patent
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`Claims”) against Realtek and TCL.
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`2.
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`Foreign Counterparts to the ’053 Patent
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`59.
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`Realtek admits that Paragraph 59 of the Complaint purports to identify foreign
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`counterparts to the ’053 Patent. To the extent a further response is required, Realtek lacks
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`sufficient knowledge or information to form a belief as to the truth of the remaining allegations
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`in Paragraph 59 of the Complaint, and therefore, denies them.
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`3.
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`Non-Technical Description of the ’053 Patent
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`60.
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`Realtek lacks sufficient knowledge or information to form a belief as to the truth
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`of the allegations in Paragraph 60 of the Complaint and, on that basis, denies them .
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`61.
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`Realtek lacks sufficient knowledge or information to form a belief as to the truth
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`of the allegations in Paragraph 61 of the Complaint and, on that basis, denies them .
`
`B.
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`THE ASSERTED ’454 PATENT
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`1.
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`Ownership and Asserted Claims of the ’454 Patent
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`62.
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`Realtek admits that the first page of United States Patent No. 8,760,454 (“the ’454
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`Patent”) reflects a title of “Graphics processing architecture employing a unified shader.”
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`Realtek further admits that the ’454 Patent, on its face, purports to have issued on June 24, 2014
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`to inventors Stephen L. Morein, Laurent Lefebvre, Andrew E. Gruber, and Andi Skende issued
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`from United States Patent Application No. 13/109,738 filed on May 17, 2011.
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`
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`63.
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`Realtek admits that the ’454 Patent, on its face, purports to be a continuation of
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`United States Patent Application No. 12/791,597 (now abandoned), filed on June 1, 2010, which
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`is a continuation of United States Patent Application No. 11/842,256 (now abandoned), filed on
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`August 21, 2007, which is a continuation of United States Patent Application No. 11/117,863
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`(now United States Patent No. 7,327,369), filed on April 29, 2005, which is a continuation of
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`United States Patent Application No. 10/718,318 (now United States Patent No. 6,897,871), filed
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`on November 20, 2003. Realtek lacks sufficient knowledge or information to form a belief as to
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`the truth of the remaining allegations in Paragraph 63 of the Complaint, and on that basis, denies
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`them.
`
`64.
`
`Realtek admits that AMD purports to have included certified copies of the ’454
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`Patent and its assignment records as Exhibits 2 and 7. Realtek lacks sufficient knowledge or
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`information to form a belief as to the truth of remaining the allegations in Paragraph 64 of the
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`Complaint, and on that basis, denies them.
`
`65.
`
`Realtek admits that AMD purports to have included a certified copy of the United
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`States Patent and Trademark Office prosecution history for the ’454 Patent in Appendix C.
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`Realtek admits that AMD purports to have included a certified copy of the ’454 Patent and each
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`patent, and applicable pages of each technical reference, mentioned in the prosecution history of
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`the ’454 Patent in Appendix D.
`
`66.
`
`Realtek lacks sufficient knowledge or information to form a belief as to the truth
`
`of the allegations in Paragraph 66 of the Complaint, and on that basis, denies them.
`
`67.
`
`Realtek admits that the ’454 Patent, on its face, appears to have 11 claims,
`
`including six independent claims (1-5 and 11), and five dependent claims. Realtek admits that
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`AMD is asserting at least claims 2-11 of the ’454 Patent (the “Asserted ’454 Patent Claims”)
`
`against Realtek and TCL.
`
`2.
`
`Foreign Counterparts to the ’454 Patent
`
`68.
`
`Realtek admits that Paragraph 68 of the Complaint purports to identify foreign
`
`counterparts to the ’454 Patent. To the extent a further response is required, Realtek lacks
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`sufficient knowledge or information to form a belief as to the truth of the remaining allegations
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`in Paragraph 68 of the Complaint, and therefore, denies them.
`
`3.
`
`Non-Technical Description of the ’053 Patent
`
`69.
`
`Realtek lacks sufficient knowledge or information to form a belief as to the truth
`
`of the allegations in Paragraph 69 of the Complaint and, on that basis, denies them .
`
`70.
`
`Realtek lacks sufficient knowledge or information to form a belief as to the truth
`
`of the allegations in Paragraph 70 of the Complaint and, on that basis, denies them .
`
`71.
`
`Realtek lacks sufficient knowledge or information to form a belief as to the truth
`
`of the allegations in Paragraph 71 of the Complaint and, on that basis, denies them .
`
`72.
`
`Realtek lacks sufficient knowledge or information to form a belief as to the truth
`
`of the allegations in Paragraph 72 of the Complaint and, on that basis, denies them .
`
`C.
`
`THE ASSERTED ’628 PATENT
`
`1.
`
`Ownership and Asserted Claims of the ’628 Patent
`
`73.
`
`Realtek admits that the first page of United States Patent No. 11,184,628 (“the
`
`’628 Patent”) reflects a title of “Texture Decompression Techniques.” Realtek further admits
`
`that the ’628 Patent, on its face, purports to have issued on November 23, 2021 to inventors
`
`Konstantine Iourcha and Andrew S.C. Pomianowski and issued from issued from United States
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`Patent Application No. 16/257,500, which was filed on January 25, 2019.
`
`74.
`
`Realtek admits that the ’628 Patent, on its face, purports to be a continuation of
`
`United States Patent Application No. 15/237,134 (now United States Patent No. 10,205,956),
`
`filed on August 15, 2016, which is a continuation of United States Patent Application No.
`
`11/513,190 (now United States Patent No. 9,418,450), filed on August 31, 2006. Realtek lacks
`
`sufficient knowledge or information to form a belief as to the truth of the remaining allegations
`
`in Paragraph 63 of the Complaint, and on that basis, denies them.
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`75.
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`Realtek admits that AMD purports to have included certified copies of the ’628
`
`Patent and its assignment records as Exhibits 3 and 8. Realtek lacks sufficient knowledge or
`
`information to form a belief as to the truth of remaining the allegations in Paragraph 75 o