Case 1:20-cv-00765-DAE Document 22 Filed 03/13/22 Page 1 of 58
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`AUSTIN DIVISION
`
`
`
`BANDSPEED, LLC,
`
`Plaintiff,
`
`v.
`
`
`
`REALTEK SEMICONDUCTOR
`CORPORATION,
`
`Defendant.
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
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`FIRST AMENDED COMPLAINT
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`Plaintiff Bandspeed, LLC (“Bandspeed”), by and through its attorneys, files its First
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`CASE NO. 1:20-cv-00765-LY
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`
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`Amended Complaint against defendant Realtek Semiconductor Corporation (“Defendant”), and
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`hereby alleges as follows:
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`I.
`
` NATURE OF ACTION
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`1.
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` This is a patent infringement action to end Defendant’s inducement of and
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`contribution to the unauthorized and infringing manufacture, use, sale, offering for sale, and/or
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`importation of methods and products incorporating Bandspeed’s patented inventions by its
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`customers and third parties.
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`2.
`
`Bandspeed is the owner of all right, title, and interest in and to:
`
`a.
`
`b.
`
`c.
`
`d.
`
`United States Patent No. 7,027,418 (“the ’418 Patent”), issued on April 11,
`2006;
`
`United States Patent No. 7,477,624 (“the ’624 Patent”), issued on January
`13, 2009;
`
`United States Patent No. 7,570,614 (“the ’614 patent”), issued on August 4,
`2009;
`
`United States Patent No. 7,903,608 (“the ’608 Patent”), issued on March 8,
`2011;
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`
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`1
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`Case 1:20-cv-00765-DAE Document 22 Filed 03/13/22 Page 2 of 58
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`e.
`
`f.
`
`g.
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`h.
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`United States Patent No. 8,542,643 (“the ’643 Patent”), issued on
`September 24, 2013;
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`United States Patent No. 8,873,500 (“the ’500 Patent”), issued on October
`28, 2014;
`
`United States Patent No. 9,379,769 (“the ’769 Patent”), issued on June 28,
`2016;
`
`United States Patent No. 9,883,520 (“the ’520 Patent”), issued on January
`30, 2018.
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`3.
`
`The ’418 Patent, ’624 Patent, ’614 Patent, ’608 Patent, ’643 Patent, ’500 Patent,
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`’769 Patent, and ’520 Patent are, collectively, the “Patents.”
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`4.
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`Bandspeed has all substantial right and interest to the Patents, including all rights
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`to recover for all past and future infringement thereof.
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`5.
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`Upon information and belief, Defendant has been and currently is contributing to
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`the infringement of, and/or inducing the infringement of Bandspeed’s Patents, by, among other
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`things, inducing such conduct by others to make, use, sell, import, and/or offer for sale, within the
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`territorial boundaries of the United States and the State of Texas, products that are covered by one
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`or more claims of Bandspeed’s Patents.
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`6.
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`Defendant induces others to manufacture, use, provide, sell, offer for sale, import,
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`and/or distribute Infringing Products or products containing Infringing Products (as defined herein)
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`and services; and/or contributes to the making and use of Infringing Products and services by
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`others, including its customers, who directly infringe the Patents.
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`II.
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`THE PARTIES
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`7.
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`8.
`
`Bandspeed realleges and incorporates preceding paragraphs herein.
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`Plaintiff Bandspeed is a Texas limited liability company with its principal place of
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`business located in Austin, Texas.
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`2
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`Case 1:20-cv-00765-DAE Document 22 Filed 03/13/22 Page 3 of 58
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`9.
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`Upon information and belief, Defendant Realtek Semiconductor Corporation is a
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`corporation organized and existing under the laws of Taiwan, with a place of business located at
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`No. 2, Innovation Road II, Hsinchu Science Park, Hsinchu 300, Taiwan.
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`10.
`
`Realtek Semiconductor Corporation may be served with process by serving the
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`Texas Secretary of State, James E. Rudder Building, 1019 Brazos Street, Austin, Texas 78701, as
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`its agent for service because it engages in business in Texas but has not designated or maintained
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`a resident agent for service of process in Texas as required by statute. This action arises out of that
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`business.
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`11.
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`12.
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`III.
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`JURISDICTION AND VENUE
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`Bandspeed realleges and incorporates preceding paragraphs herein.
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`This is an action for patent infringement arising under the Patent Laws of the United
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`States, in particular 35 U.S.C. §271, 281, 283, 284, and 285. This Court has jurisdiction over the
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`subject matter of this action under 28 U.S.C. §1331, §1338(a).
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`13.
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`This Court has jurisdiction over Defendant under Fed. R. Civ P. 4(k)(2) (“Federal
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`Claim Outside State-Court Jurisdiction”) and 28 U.S.C. §1400 (b).
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`14.
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`Upon information and belief, Defendant is subject to this Court’s personal
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`jurisdiction pursuant to due process and/or the Texas Long Arm Statute, Tex. Civ. Prac. & Rem.
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`Code § 17.042, because (1) Defendant has done and continues to do business in Texas and the
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`Western District of Texas; (2) Defendant has committed and continues to commit acts of patent
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`infringement in the State of Texas, including inducing others to commit acts of patent infringement
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`in Texas, and/or committing at least a portion of any other infringements alleged herein.
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`15.
`
`Upon information and belief, Defendant has purposefully directed its activities
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`toward the State of Texas and purposefully availed itself of the privileges of conducting activities
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`3
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`Case 1:20-cv-00765-DAE Document 22 Filed 03/13/22 Page 4 of 58
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`in the State of Texas. Plaintiff’s causes of action for patent infringement arise out of and result
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`from Defendant’s contact with the State of Texas.
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`16.
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`Upon information and belief, Defendant has solicited business in the State of Texas,
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`transacted business within the State of Texas and/or attempted to derive financial benefit from
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`residents of the State of Texas and the residents of this District, including benefits directly related
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`to infringement of the Patents. Defendant has placed its products and/or services into the stream
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`of commerce throughout the United States and has been actively engaged in transacting business
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`in Texas and in the Western District of Texas.
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`17.
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`Upon information and belief, Defendant, through intermediaries (including
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`distributors, retailers, resellers and others), makes, imports, ships, distributes, offers for sale, sells,
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`uses, and advertises its products and/or services in the United States, the State of Texas, and the
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`Western District of Texas.
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`18.
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`Upon information and belief, Defendant has purposefully and voluntarily placed
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`infringing Bluetooth products into the stream of commerce by shipping Infringing Products
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`through established distribution channels into the State of Texas, knowing or expecting that the
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`Infringing Products would be shipped into Texas, and/or knowing or expecting that these
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`Infringing Products would be incorporated into other products that would be shipped into Texas
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`and would be purchased and used by customers in the State of Texas and the Western District of
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`Texas.
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`19.
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`Upon information and belief, Defendant interacts with subsidiaries, distributors,
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`resellers and/or customers who sell the Infringing Products into Texas, knowing or expecting that
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`these subsidiaries, distributors, resellers and/or customers will then sell the Infringing Products
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`into the State of Texas, either directly or through intermediaries.
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`4
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`Case 1:20-cv-00765-DAE Document 22 Filed 03/13/22 Page 5 of 58
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`20.
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`According to its website, Realtek.com, Realtek has distributors for its products in
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`the United States for supply of its products to the United States. Realtek’s United States
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`Distributors include Future Electronics and WPG Americas, Inc. Further, Realtek’s website lists
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`contact information for technical service that is directed to its United States customers.
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`21.
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`On March 9, 2022, Futureelectronics.com offered for sale Realtek’s RTL8723D,
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`an Infringing Product, to the United States and this District.
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`
`
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`https://www.futureelectronics.com/search?q=Realtek:relevance:manufacturerName:Realtek&sel
`ectedTab=products&text=Realtek&pageSize=100 (last visited March 9, 2022).
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`22.
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`Realtek has been a regular participant in the International Consumer Electronics
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`Show (CES) where it hosts presentations of new products and technologies. At CES 2022, Realtek
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`presented and offered the RTL8735B SoC and RTL8730E for sale the in the United States to the
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`United States market. RTL8735B SoC and RTL8730E are both Infringing Products. Realtek has
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`continuously unveiled Infringing Products directed for sale to the United States market at CES
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`over the past several years, including in years 2017, 2018, 2019 and 2020.
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`23.
`
`Roku Inc. (“Roku”), a customer of Realtek, uses Realtek’s infringing RTL88xx
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`chips, e.g. RTL8822 or RTL8823, in its Roku Ultra product to provide infringing Bluetooth
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`capabilities. The Roku Ultra is widely marketed and sold to consumers in Texas and in this
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`District, including at BestBuy, Target, and Walmart, as well as on Amazon.com. As of March 4,
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`5
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`Case 1:20-cv-00765-DAE Document 22 Filed 03/13/22 Page 6 of 58
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`2022, the Roku Ultra containing the Infringing Product could be purchased at multiple locations
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`throughout the Austin area:
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`
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`
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`24.
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`Upon information and belief, the Roku Ultra is only available to the United States
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`market. Roku is a company based in the United States.
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`25.
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`Asustek Computer, Inc. (“Asustek”), a customer of Realtek, sells, uses, and/or
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`imports in the United States and the State of Texas numerous end-products that use Defendant’s
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`Infringing Products as components. For example, the Asustek ASUS AMD Ryzen 7 TUF Gaming
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`Laptop, model no. FA506 (“FA506”) incorporates the Realtek RTL8822CE Bluetooth chip. The
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`Realtek RTL8822CE infringes the Bandspeed Patents.
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`6
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`Case 1:20-cv-00765-DAE Document 22 Filed 03/13/22 Page 7 of 58
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`26.
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`Upon information and belief, Best Buy, a large retailer with locations throughout
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`the United States, including in the State of in Texas and in this District, currently sells and has sold
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`the Asustek FA506 containing the infringing Realtek RTL8822CE to customers in the United
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`States, to customers in the State of Texas, and to customers within this District.
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`7
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`Case 1:20-cv-00765-DAE Document 22 Filed 03/13/22 Page 8 of 58
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`
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`27.
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`PEAG, LLC d/b/a JLab Audio (“JLab”) sells, uses, and/or imports in the United
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`States and the State of Texas numerous end-products that use Defendants’ Infringing Products as
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`components. For example, the JLab GO Air True Wireless Earbuds (“GO Air Earbuds”)
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`incorporate the Realtek RTL8763BFJ Bluetooth chip. The Realtek RTL8763BFJ chip infringes
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`the Bandspeed Patents.
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`28.
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`Upon information and belief, Target, a large retailer with locations throughout the
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`United States, including in the State of in Texas and in this District, sells and has sold the JLab
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`GO AIR EARBUDS containing the infringing Realtek RTL8763BFJ chip to customers in the
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`United States, to customers in the State of Texas, and to customers within this District.
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`8
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`Case 1:20-cv-00765-DAE Document 22 Filed 03/13/22 Page 9 of 58
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`
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`29.
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`Defendant knew, should have known, expected, or should have expected that by
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`purposefully selling infringing components to Roku, Asustek, and JLab that those Infringing
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`Products would be imported into and sold through established distribution channels in the United
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`States to customers in this District.
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`30.
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`In Realtek’s 2019 Annual Report, Realtek expressed its intent and purpose to direct
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`its Infringing Products to and specifically target the United States market, and by extension, this
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`District. Realtek stated in its 2019 Annual Report that “Realtek will actively expand the high-end
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`smart speaker 11ac market in Europe and America” Upon information and belief, the smart
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`speakers to which Realtek referred have Bluetooth capability and contain an Infringing Product.
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`31.
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`In Realtek’s 2020 Annual Report, Realtek again expressed its intent and purpose to
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`direct Infringing Products to and specifically target the United States market, and by extension,
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`this District. Realtek stated that in 2021 it would “actively and strategically expand in the smart
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`speaker market in Europe and America.” Upon information and belief, the smart speakers to which
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`Realtek referred have Bluetooth capability and contain an Infringing Product. Accordingly,
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`Realtek purposefully directs its activities at residents of the United States and this District.
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`9
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`Case 1:20-cv-00765-DAE Document 22 Filed 03/13/22 Page 10 of 58
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`32.
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`Realtek has had substantial dealings with the WiFi Alliance. The WiFi Alliance
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`owns and controls the "Wi-Fi Certified" logo, a registered trademark, which is permitted only on
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`equipment which has passed testing. The WiFi Alliance is located in Austin, Texas, United States.
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`Realtek has certified over 100 products, including certain Infringing Products (e.g., the
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`RTL8822BE and RTL8822CE) through the WiFi Alliance.
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`33.
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`Alternatively, to the extent Realtek's contacts with the Texas and this District would
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`not support jurisdiction under the Texas long-arm statute, Realtek is subject to Federal Long-Arm
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`Jurisdiction under Federal Rule of Civil Procedure 4(k)(2) because (1) Bandspeed's claim arises
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`under federal law, (2) Realtek is not subject to jurisdiction in the courts of general jurisdiction of
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`any state within the United States, and (3) the exercise of jurisdiction satisfies due process
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`requirements.
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`34.
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`To the extent Realtek’s contacts with Texas and this District would not support
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`jurisdiction under the Texas long-arm statute, Realtek lacks substantial contacts with any single
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`state but has sufficient contacts with the United States. By its own admission Realtek is “‘at home’
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`in Taiwan, not in Texas or anywhere else in the United States.” (Dkt. No. 17) Realtek alleges that
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`it does not have any place of business, operations, real or personal property, or assets anywhere in
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`the United States. To the extent Realtek's contacts with Texas and this District would not support
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`jurisdiction under the Texas long-arm statute, Realtek is not subject to jurisdiction in the courts of
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`general jurisdiction of any state within the United States.
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`35.
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`Realtek has substantial contacts with the United States by virtue of its substantial
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`contacts with standards bodies. The Bluetooth SIG is the standards organization that oversees the
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`development of Bluetooth standards and the licensing of the Bluetooth technologies and
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`trademarks to manufacturers. The Bluetooth SIG is located in Kirkland, Washington, USA.
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`10
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`Case 1:20-cv-00765-DAE Document 22 Filed 03/13/22 Page 11 of 58
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`Realtek is an “adopter” member of the Bluetooth SIG. Realtek has completed the qualification and
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`declaration process for its Bluetooth enabled product(s) to demonstrate and declare compliance to
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`the applicable Bluetooth standard(s), including Infringing Products. Realtek has had substantial
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`contact with the United States to achieve Bluetooth qualification for its Infringing Products.
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`36.
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`Realtek has had substantial dealings with the WiFi Alliance. The WiFi Alliance
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`owns and controls the “Wi-Fi Certified” logo, a registered trademark, which is permitted only on
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`equipment which has passed testing. The WiFi Alliance is located in Austin, Texas, United States.
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`Realtek has certified over 100 products, including certain Infringing Products (e.g., the
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`RTL8822BE and RTL8822CE) through the WiFi Alliance.
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`37.
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`Upon information and belief, Defendant applies to the United States Federal
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`Communications Commission (FCC) for approvals needed to sell Infringing Products in the
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`United States, obtaining FCC product IDs for the Infringing Products and submitting documents
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`that (i) identify Defendant as the manufacturer of Infringing Products and (ii) provide instructions
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`for installing and using the Infringing Products in an infringing manner. According to the FCC,
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`“[a]n FCC ID is the product ID assigned by the FCC to identify wireless products in the market.”
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`https://fccid.io/TX2-RTL8822CE. Realtek sought and the FCC provided a Grant of Equipment
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`Authorization for one or more of the Accused Products, authorizing “operation at approved
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`frequencies and sale within the USA.”
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`38.
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`The Court’s exercise of personal jurisdiction over Defendant would not offend
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`traditional notions of fair play and substantial justice because Defendant has established minimum
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`contacts with the State of Texas or, in the alternative, the United States.
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`39.
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`Venue in the Western District of Texas is proper pursuant to 28 U.S.C. §§ 139l
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`(c)(3) which provides that “a defendant not resident in the United States may be sued in any judicial
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`11
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`Case 1:20-cv-00765-DAE Document 22 Filed 03/13/22 Page 12 of 58
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`district, and the joinder of such a defendant shall be disregarded in determining where the action
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`may be brought with respect to other defendants.”
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`40.
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`This District is familiar with the technology of the Patents and has presided over
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`several lawsuits involving one or more of the Patents.
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`IV. NOTICE
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`41.
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`42.
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`Bandspeed realleges and incorporates preceding paragraphs herein.
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`On July 2, 2018, Bandspeed sent a letter to Defendant notifying Defendant of its
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`Patents and the nature of Defendant’s infringing activities (the “Notice Letter”). Defendant refused
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`service of this letter.
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`43.
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`On October 10, 2019, after acquiring pertinent email addresses of Defendant
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`employees, Bandspeed sent an email to Defendant notifying Defendant of Defendant’s infringing
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`activities (the “Notice Email”). The Notice Email provided Defendant with detailed allegations
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`about its infringing conduct including claim charts. Since July 2, 2018, and no later than October
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`10, 2019, Defendant actually knew of, or was willfully blind to, the existence of the Patents and
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`the infringing nature of Defendant’s activities.
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`44.
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`Additionally, Defendant had knowledge of the Patents and the infringing conduct
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`as early as the date when Bandspeed effected service of the original Complaint.
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`V.
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` PLAINTIFF’S PATENTS
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`45.
`
`46.
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`Bandspeed realleges and incorporates preceding paragraphs herein.
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`The claims of the Patents describe inventive features and combinations relating to
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`adaptive frequency hopping and the ability to avoid interference over communications channels
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`that improved upon prior art systems and methods. In other words, the claims of the Patents
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`generally describe novel techniques “for selecting sets of communications channels based on
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`channel performance.” ’418 Patent at 4:49-50.
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`12
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`Case 1:20-cv-00765-DAE Document 22 Filed 03/13/22 Page 13 of 58
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`47.
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`The Patents improve upon frequency hopping communications systems that existed
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`at the time of the invention. One problem with frequency hopping communications systems is that
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`coexistence problems arise between the frequency hopping communications system and non-
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`frequency hopping communications systems that operate in the same frequency band. While the
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`frequency hopping communications system hops over the entire frequency band, the non-
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`frequency hopping communications systems occupy separate parts of the frequency band.
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`48.
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`The claims of the Patents solve the coexistence problem by using a method or
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`system not conventional at the time of the invention: adaptive frequency hopping. As described in
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`the Patents, a set of channels is used for communication between devices according to a frequency
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`hopping (“FH”) protocol. Another set of communications channels is selected in a similar manner
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`when a specified criterion is satisfied after expiration of a specified length of time, when the
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`performance of at least one of the channels in the set of channels satisfies another performance
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`criterion, or when a specified number of the set of channels satisfies yet another performance
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`criterion. See, e.g., ’608 Patent at 4:64-5:6. “For example, the selection criteria may be to select
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`the good channels but not the bad channels.” Id. at 6:62-64. The claimed system first selects an
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`initial set of channels, and then periodically selects sets of channels based on later performance of
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`the communications channels. Id. at 6:28-30; 4:22-24. The claimed system classifies a
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`communication channel based on channel performances and one or more classification criteria. Id.
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`at 15:8-10. “For example, a channel may be classified as ‘good’ or ‘bad’ based on the results of
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`the channel performance testing by applying one or more performance measurements.” Id. at
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`15:10-14.
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`49.
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`The Patents teach a method or device using a frequency hopping protocol that
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`“transmits data on one channel, hops to the next channel in the hopping sequence to transmit more
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`13
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`Case 1:20-cv-00765-DAE Document 22 Filed 03/13/22 Page 14 of 58
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`data and continues by transmitting data on subsequent channels in the hopping sequence.” See,
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`e.g., ’500 Patent at 2:34-38. “When the FH communications system hops over part of the frequency
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`band occupied by an NFH [non-frequency hopping] communications system, there may be
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`interference between the systems.” Id. at 3:33-36. “Interference results in data transmission errors,
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`such as an increase in the bit error rate (BER) or the loss of data packets, resulting in reduced
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`transmission quality and performance and the need to retransmit the data.” Id. at 3:58-61. The
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`invention avoids these problems by testing the plurality of communications channels and using a
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`subset of channels that have been identified as good after testing for communications between
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`participants using an adapted hopping sequence. Id. at 12:34-41 and 18:8-12.
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`VI. DEFENDANT’S ACTS
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`50.
`
`51.
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`Bandspeed realleges and incorporates preceding paragraphs herein.
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`Defendant manufactures, provides, sells, uses, imports, supplies, offers for sale,
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`and/or distributes Infringing Products, such as integrated circuits, or a set of integrated circuits for
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`wireless communications devices, that use, practice, and/or comply with the Bluetooth Core
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`Specification Version 2.0+EDR or higher, and other products that operate in a reasonably similar
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`manner (“Infringing Bluetooth Classic Products”).
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`52.
`
`Defendant also manufactures, provides, sells, uses, imports, supplies, offers for
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`sale, and/or distributes Infringing Products, such as integrated circuits, or a set of integrated circuits
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`for wireless communications devices, that use, practice and/or comply with the Bluetooth low
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`energy protocol as described in Version 4.0 and any later version of the Bluetooth Core
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`Specification, and other products that operate in a reasonably similar manner (“Infringing
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`Bluetooth LE Products”). The Infringing Bluetooth LE Products infringe the ’608 Patent, ’643
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`Patent, ’500 Patent, ’769 Patent and ’520 Patent (“LE Patents”).
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`14
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`Case 1:20-cv-00765-DAE Document 22 Filed 03/13/22 Page 15 of 58
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`53.
`
`The Infringing Bluetooth Classic Products and the Infringing Bluetooth LE
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`Products are collectively referred to as the “Infringing Products.”
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`54.
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`Through its actions, Defendant has infringed the Patents and actively induced
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`others to infringe and contributed to the infringement by others of the Patents, throughout the
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`United States and in the State of Texas.
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`55.
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`Upon information and belief, Defendant takes steps to test the Infringing Products
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`to ensure compliance with the relevant Bluetooth Core Specification and to qualify the Infringing
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`Products for Bluetooth certification.
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`56.
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`Upon information and belief, Defendant certifies to the Bluetooth Special Interest
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`Group (“Bluetooth SIG”) that Infringing Bluetooth Classic Products are compliant with the
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`Bluetooth Core Specification Version 2.0+EDR or higher.
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`57.
`
`Upon information and belief, Defendant certifies to the Bluetooth SIG that
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`Infringing Bluetooth LE Products are compliant with the Bluetooth Core Specification Version 4.0
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`or higher.
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`58.
`
`Using established channels and chains of distribution, Defendant provides
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`Infringing Products to be used as components in a variety of end-products that are made, used,
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`sold, and/or imported into the United States. Defendant knew, should have known, expected, or
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`should have expected that by purposefully placing Infringing Products into the stream of
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`commerce those Infringing Products would be imported into, sold, and used in the United States
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`and the State of Texas.
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`59.
`
`Upon information and belief, Defendant provides software and software updates
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`for Infringing Products used as components in end-products that are made, used, sold, and/or
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`imported into the United States. Defendant knew, should have known, expected, or should have
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`15
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`Case 1:20-cv-00765-DAE Document 22 Filed 03/13/22 Page 16 of 58
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`expected that by providing software and software updates for Infringing Products to its end-
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`product customers that such software would be downloaded and used by customers in the United
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`States, the State of Texas, and within this District to install and use the Infringing Products in an
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`infringing manner.
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`60.
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`For example, Defendant provides Infringing Products to be used as components in
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`a variety of end-products sold, used, and/or imported in the United States and the State of Texas
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`by Roku and Asustek.
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`61.
`
`Roku, a customer of Realtek, uses Realtek’s infringing RTL88xx chips in its Roku
`
`Ultra product, e.g. RTL8822 or RTL8823, to provide infringing Bluetooth capabilities. The Roku
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`Ultra is widely marketed and sold to consumers in Texas and in this District, including at BestBuy,
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`Target, and Walmart, as well as on Amazon.com. As of March 4, 2022, the Roku Ultra containing
`
`the Infringing Product could be purchased at multiple locations throughout the Austin area:
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`
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`Case 1:20-cv-00765-DAE Document 22 Filed 03/13/22 Page 17 of 58
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`62.
`
`Upon information and belief, the Roku Ultra is only available to the United States
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`market. Roku is a company based in the United States.
`
`63.
`
`Asustek sells, uses, and/or imports in the United States and the State of Texas
`
`numerous end-products that use Defendant’s Infringing Products as components. For example,
`
`the Asustek ASUS AMD Ryzen 7 TUF Gaming Laptop, model no. FA506 (“FA506”) incorporates
`
`the Realtek RTL8822CE Bluetooth chip. The Realtek RTL8822CE infringes the Bandspeed
`
`Patents.
`
`64.
`
`Upon information and belief, Asustek certified to the Bluetooth SIG that the
`
`Asustek FA506 incorporates one of the following chipsets: the Realtek Bluetooth 5 Dual Mode
`
`Solution for RTL87XX Module series, the Realtek Bluetooth 5 Dual Mode Solution for RTL88XX
`
`Module series, or the Realtek RTL8723D chipset series.
`
`65.
`
`Upon information and belief, Defendant certified to the Bluetooth SIG that the
`
`RTL88XX chip series is compliant with Bluetooth Core Specification 5.0.
`
`66.
`
`Realtek markets the Bluetooth capabilities of the Realtek RTL8822CE and
`
`encourages and instructs users of the Realtek RTL8822CE to use the infringing Realtek
`
`RTL8822CE in an infringing manner.
`
`
`
`17
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`Case 1:20-cv-00765-DAE Document 22 Filed 03/13/22 Page 18 of 58
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`
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`RTL8822CE User Manual, page 18.
`
`
`67.
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`Upon information and belief, Defendant submitted the Realtek RTL8822CE to the
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`United States FCC for approval to sell the Realtek RTL8822CE in the United States, including the
`
`State of Texas. The FCC assigned the following product ID to the Realtek RTL8822CE: FCC ID
`
`TX2-RTL8822CE.
`
`68.
`
`The FCC Test Reports for the Realtek RTL8822CE provided to the FCC by
`
`Defendant identifies Defendant as the manufacturer of the product. See https://fccid.io/TX2-
`
`RTL8822CE/Test-Report/Test-Report-DTS-BT-LE-rev-4058185. See also https://fccid.io/TX2-
`
`RTL8822CE/Test-Report/Test-Report-DTS-BT-EDR-rev-4058184.
`
`69.
`
`The user manual for the Realtek RTL8822CE provided to the FCC by Defendant
`
`includes instructions for installation and use of the product in an infringing manner, including
`
`instructions to Defendant’s customers for installation of hardware, software, and drivers for the
`
`product. https://fccid.io/TX2-RTL8822CE/Users-Manual/Users-Manual-4058100.
`
`
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`18
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`Case 1:20-cv-00765-DAE Document 22 Filed 03/13/22 Page 19 of 58
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`70.
`
`The FCC provided Realtek with a Grant of Equipment Authorization for the
`
`RL8822CE, authorizing “operation at approved frequencies and sale within the USA.”
`
`https://fccid.io/TX2-RTL8822CE.
`
`
`
`
`https://fccid.io/TX2-RTL8822CE.
`
`
`71.
`
`Upon information and belief, Best Buy, a large retailer with locations throughout
`
`the United States, including in the State of in Texas and in this District, currently sells and has sold
`
`the Asustek FA506 containing the infringing Realtek RTL8822CE to customers in the United
`
`States, to customers in the State of Texas, and to customers within this District.
`
`
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`19
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`Case 1:20-cv-00765-DAE Document 22 Filed 03/13/22 Page 20 of 58
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`
`
`
`
`72.
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`The Asustek website allows users of the Realtek RTL8822CE to download drivers
`
`for the product.
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`
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`20
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`Case 1:20-cv-00765-DAE Document 22 Filed 03/13/22 Page 21 of 58
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`
`
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`https://www.asus.com/Laptops/ASUS-TUF-Gaming-A15/HelpDesk_Download/.
`
`
`73.
`
`Upon information and belief, Defendant provided driver software for the Realtek
`
`RTL8822CE to Asustek so that customers, including customers located in the United States, in the
`
`State of Texas and in this District, could download the driver software and use the Realtek
`
`RTL8822CE in an infringing manner.
`
`74.
`
`As another example, Defendant also provides Infringing Products to be used as
`
`components in a variety of end-products sold, used, and/or imported in the United States and the
`
`State of Texas by JLab.
`
`75.
`
`JLab sells, uses, and/or imports in the United States and the State of Texas
`
`numerous end-products that use Defendants’ Infringing Products as components. For example,
`
`the JLab GO Air True Wireless Earbuds (“GO Air Earbuds”) incorporate the Realtek RTL8763BFJ
`
`Bluetooth chip. The Realtek RTL8763BFJ chip infringes the Bandspeed Patents.
`
`76.
`
`Upon information and belief, JLab certified to the Bluetooth SIG that the JLab GO
`
`Air Earbuds incorporate one of the following chipsets: the RTL8753 or RTL8763 series BT Audio
`
`solution.
`
`77.
`
`Upon information and belief, Defendant certified to the Bluetooth SIG that the
`
`RTL8753 and RTL8763 series BT Audio solutions are compliant with Bluetooth Core
`
`Specification 5.0.
`
`78.
`
`Realtek markets the Bluetooth capabilities of the Realtek RTL8763B series by
`
`describing the series as a “single-chip Bluetooth ROM audio solutions for mono (RTL8763BM)
`
`
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`21
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`Case 1:20-cv-00765-DAE Document 22 Filed 03/13/22 Page 22 of 58
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`and stereo (RTL8763BF/BFR, RTL8763BS, RTL8763BA) applications,” as “Bluetooth 5
`
`specification compliant,” and supportive of Bluetooth Classic (BDR/EDR) and Bluetooth Low
`
`Energy (BLE). RTL8763B Series User Manual, pgs. 1-2.
`
`79.
`
`Upon information and belief, Realtek encourages and instructs users of the Realtek
`
`RTL8763B series to use the infringing Realtek RTL8763B series in an infringing manner.
`
`80.
`
`Upon information and belief, Defendant submitted the RTL8763BA to the United
`
`States FCC for approval to sell the Realtek RTL8763BA in the United States, including the State
`
`of Texas. The FCC assigned the following product ID to the Realtek RTL8763BA: FCC ID TX2-
`
`RTL8763BA.
`
`81.
`
`The FCC Test Report for the Realtek RTL8763BA provided to the FCC by
`
`Defendant identifies Defendant as the manufacturer of the product. https://fccid.io/TX2-
`
`RTL8763BA/Test-Report/Test-Report-3804100.
`
`82.
`
`The user manual for the Realtek RTL8763B series provided to the FCC by
`
`Defendant includes instructions for installation and use of the product in an infringing manner.
`
`https://fccid.io/TX2-RTL8763BA/Users-Manual/User-Manual-3804103.
`
`83.
`
`The FCC provided Realtek with a Grant of Equipment Authorization for the
`
`RL8822CE, authorizing “operation at approved frequencies and sale within the USA.”
`
`https://fccid.io/TX2-RTL8763BA.
`
`
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`22
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`Case 1:20-cv-00765-DAE Document 22 Filed 03/13/22 Page 23 of 58
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`
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`https://fccid.io/TX2-RTL8763BA.
`
`
`84.
`
`Upon information and belief, Target, a large retailer with locations throughout the
`
`United States, including in the State of in Texas and in this District, sells and has sold the JLab
`
`GO AIR EARBUDS containing the infringing Realtek RTL8763BFJ chip to customers in the
`
`United States, to customers in the State of Texas, and to customers within this District.
`
`85.