Case 3:14-cv-00757-REP-DJN Document 30 Filed 12/19/14 Page 1 of 438 PageID# 326
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF VIRGINIA
`RICHMOND DIVISION
`
`
`CIVIL ACTION NO. 3:14-CV-00757-REP
`
`
`
`
`JURY TRIAL DEMANDED
`
`SAMSUNG ELECTRONICS CO., LTD., and
`SAMSUNG ELECTRONICS AMERICA,
`INC.,
`
`
`
`v.
`
`NVIDIA CORPORATION, VELOCITY
`MICRO, INC. D/B/A VELOCITY MICRO,
`AND VELOCITY HOLDINGS, LLC
`
`
`
`Plaintiffs,
`
`Defendants.
`
`FIRST AMENDED COMPLAINT
`
`Plaintiffs Samsung Electronics Company, Ltd. (“SEC”) and Samsung Electronics
`
`America, Inc. (“SEA”) (collectively “Samsung”), by and through their undersigned attorneys,
`
`hereby file this First Amended Complaint against NVIDIA Corporation (“NVIDIA”), Velocity
`
`Micro, Inc. d/b/a Velocity Micro, and Velocity Holdings, LLC (collectively “Velocity”). All
`
`defendants will be referred to collectively as “Defendants.” Samsung states as follows:
`
`THE PARTIES
`
`1.
`
`Plaintiff SEC is a multi-national corporation organized under the laws of Korea
`
`with its principal place of business located at 416 Maetan-3dong, Yeongtong-gu, Suwon-City,
`
`Gyeonggi-do, Korea 443-742.
`
`2.
`
`Plaintiff SEA is a corporation organized and existing under the laws of the state of
`
`New York with its principal place of business in Ridgefield Park, New Jersey and is a wholly-
`
`owned subsidiary of SEC.
`
`3.
`
`Defendant NVIDIA is a Delaware corporation with its headquarters located at
`
`2701 San Tomas Expressway, Santa Clara, California 95050. NVIDIA imports into the United
`
`
`
`- 1 -
`
`
`
`

`

`Case 3:14-cv-00757-REP-DJN Document 30 Filed 12/19/14 Page 2 of 438 PageID# 327
`
`States, offers for sale, sells and/or uses in the United States graphics processing units (GPUs),
`
`system on a chip (SOC) units, graphics cards, and mobile computing devices such as tablet
`
`computers.
`
`4.
`
`Defendant Velocity Micro, Inc., which does business in Virginia as Velocity
`
`Micro, is a corporation organized and existing under the laws of Delaware with its principal
`
`place of business located at 7510 Whitepine Road, Richmond, Virginia 23237. The State
`
`Corporation Commission of the Commonwealth of Virginia lists Velocity Micro, Inc.’s principal
`
`office as 9030 Stony Point Parkway, Suite 400, Richmond, Virginia, 23235. Velocity Micro,
`
`Inc. incorporates NVIDIA GPUs, SOCs, and/or graphics cards in products that it offers for sale,
`
`sells and/or uses in the United States.
`
`5.
`
`Defendant Velocity Holdings, LLC is a limited liability corporation organized and
`
`existing under the laws of Virginia with its principal place of business located at 825 Grove Rd.
`
`Suite 3, Midlothian, Virginia 23114. The members of Velocity Holdings, LLC reside in the
`
`Eastern District of Virginia. Velocity Holdings, LLC is a manufacturer of computers that it
`
`offers for sale, sells and/or uses in the United States.
`
`SAMSUNG
`
`6.
`
`From its inception as a small business in Taegu, Korea, Samsung has grown to
`
`become one of the world’s leading electronics companies, specializing in digital products,
`
`semiconductors, memory, and system integration. Today, Samsung’s innovative consumer
`
`products are widely recognized and appreciated across the globe. Samsung designs, develops,
`
`manufacturers, and sells leading consumer electronics, including mobile phones, smartphones,
`
`tablet computers, and laptop computers.
`
`
`
`- 2 -
`
`
`
`

`

`Case 3:14-cv-00757-REP-DJN Document 30 Filed 12/19/14 Page 3 of 438 PageID# 328
`
`7.
`
`Samsung has a long history of groundbreaking innovation across a wide range of
`
`technologies. During the 1970s and 1980s, Samsung’s core technology businesses diversified
`
`and expanded globally. For example, Samsung began production of personal computers in 1983
`
`and selected telecommunications and semiconductors as core business lines in 1988. About
`
`Samsung.1 During this period, Samsung additionally challenged itself to restructure old
`
`businesses and enter new ones with the aim of becoming one of the world’s top five electronics
`
`companies.
`
`8.
`
`Samsung’s commitment to innovation is demonstrated in part by the billions of
`
`dollars in research and development expenditures incurred over the years. From 2005 through
`
`2010 alone, Samsung invested more than $35 billion in research and development. More than a
`
`quarter of all Samsung employees—over 55,100 engineers overall—are engaged in cutting-edge
`
`research and development projects.
`
`9.
`
`Samsung’s commitment to innovation and investment in research and
`
`development is demonstrated by the fact that SEC has in its portfolio over 40,000 United States
`
`utility patents and over 4,000 design patents. Samsung is consistently ranked ahead of other
`
`technology companies in terms of the number of issued patents obtained in the United States,
`
`with over 4,000 U.S. utility patents issued each year in recent years.
`
`10.
`
`Samsung is the assignee and owner of the patents at issue in this action, which
`
`relate to semiconductor technologies and computing devices: U.S. Patent No. 5,860,158 (the
`
`“’158 Patent”), U.S. Patent No. 6,262,938 (the “’938 Patent”), U.S. Patent No. 6,287,902 (the
`
`“’902 Patent”), U.S. Patent No. 6,819,602 (the “’602 Patent”), U.S. Patent No. 8,252,675 (the
`
`“’675 Patent”), U.S. Patent No. 6,804,724 (the “’724 Patent”), U.S. Patent No. 7,073,054 (the
`
`1 Bolded terms or references are defined in the text of this First Amended Complaint or in the section
`entitled “References.”
`
`
`
`- 3 -
`
`
`
`

`

`Case 3:14-cv-00757-REP-DJN Document 30 Filed 12/19/14 Page 4 of 438 PageID# 329
`
`“’054 Patent”), and U.S. Patent No. 5,777,854 (the “’854 Patent”) (collectively the “Asserted
`
`Patents”).
`
`11.
`
`Samsung has expended significant resources and efforts to become a pioneer in
`
`the area of mobile devices including smartphones, tablets, and computers. Samsung’s research
`
`and development successes have propelled the company to its status as one of the world’s
`
`leading electronics companies.
`
`12.
`
`As the Android operating system has grown, Samsung has grown with it to
`
`become the leading supplier of Android-based devices, including both Android-based
`
`smartphones and Android-based tablet computers.
`
`13.
`
`Samsung has also continuously innovated in the design and manufacturing of
`
`semiconductor products. Samsung established its first semiconductor fabrication facility in 1984
`
`and began solidifying its position as a leading company in semiconductor technology.
`
`Samsung’s semiconductor research and development has led numerous industry innovations.
`
`Just one year after its initial semiconductor facility was established, Samsung established the
`
`industry’s first 6 inch fabrication facility in 1985. In 1992, Samsung developed the world’s first
`
`64Mb DRAM. In 1998, Samsung began shipping the world’s first 128 Mb flash memory, and in
`
`2006 Samsung launched the world’s first 32GB solid state disk drive.
`
`14.
`
`Because of Samsung’s commitment to semiconductor research and development,
`
`Samsung is now recognized as one of the world’s leading semiconductor manufacturers.
`
`Samsung’s semiconductor foundry labs include state-of-the-art facilities that support volume
`
`production of chips using 90 nm, 65 nm, 45/40 nm, and 32/28 nm processes.
`
`
`
`- 4 -
`
`
`
`

`

`Case 3:14-cv-00757-REP-DJN Document 30 Filed 12/19/14 Page 5 of 438 PageID# 330
`
`15.
`
`Samsung’s deep experience and comprehensive knowledge of high-volume
`
`manufacturing technology has led to numerous innovations in the design and manufacturing of
`
`graphics technologies and computing devices.
`
`16. Without the ability to enforce its intellectual property rights, such as those relating
`
`to the semiconductor technologies and computing devices at issue in this action, Samsung would
`
`not be able to sustain the extensive commitment to research and development that has enabled it
`
`to lead the way into numerous improvements across a broad range of technologies.
`
`NVIDIA
`
`17.
`
`NVIDIA designs, develops, manufactures, imports, and sells GPUs, SOCs, and
`
`graphics cards for a wide range of products including mobile devices and desktop systems.
`
`NVIDIA creates and uses reference graphics card designs for incorporating NVIDIA GPUs and
`
`SOCs into graphics cards, in addition to designing, manufacturing, using and selling graphics
`
`cards.
`
`18.
`
`NVIDIA additionally manufactures, or contracts others to manufacture, mobile
`
`processors for smartphones and tablets. NVIDIA sells tablet computers under the name
`
`“SHIELD Tablet.” NVIDIA’s tablet computers use the Android operating system and compete
`
`directly with Samsung tablet computers that also incorporate the Android operating system.
`
`19.
`
`NVIDIA sells and offers to sell products and services throughout the United
`
`States, including in this Judicial District, through its website and through major electronics
`
`retailers in North America. NVIDIA introduces products and services that infringe the Asserted
`
`Patents knowing that they would be sold in this Judicial District and elsewhere in the United
`
`States.
`
`
`
`- 5 -
`
`
`
`

`

`Case 3:14-cv-00757-REP-DJN Document 30 Filed 12/19/14 Page 6 of 438 PageID# 331
`
`20.
`
`NVIDIA conducts a significant amount of business in Virginia through online
`
`sales and advertisements directly to consumers and through product sales by NVIDIA’s
`
`distributors and resellers. NVIDIA targets Virginia residents through training programs offered
`
`in this Judicial District, such as “CUDA Defense Workshops” offered for consumers of its GPU
`
`platforms and products. See Cuda Defense Workshops. CUDA Defense Workshops are multi-
`
`day training programs “designed for programmers working in the defense industry, who are
`
`looking to develop skills in application design and optimization to fully leverage the parallel
`
`computing capabilities of compute GPUs using the CUDA platform.” Id. For example,
`
`NVIDIA sponsored and delivered a free two-day CUDA Defense Workshop on its GPU products
`
`on May 23-24, 2013 at 13600 Eds Dr., Herndon, VA 20171. Id.
`
`21.
`
`NVIDIA is registered as a foreign corporation with the Commonwealth of
`
`Virginia and may be served with process through its registered agent in the Commonwealth of
`
`Virginia, Corporation Service Company, 1111 E. Main St., Richmond, VA 23219.
`
`VELOCITY
`
`22.
`
`Velocity produces custom high-performance desktop and mobile computers
`
`(including tablets) that are designed for applications such as gaming, digital graphic design,
`
`home theater use, and common home and office use. Velocity also provides personal computers
`
`designed for specialized applications, including scientific workstations.
`
`23.
`
`As of October 29, 2014, Velocity advertised itself as “the premier high-
`
`performance innovator of consumer technology and electronics in North America.” About
`
`Velocity. Velocity additionally advertised that it is “100% based in the USA in Richmond, VA.”
`
`Id. Velocity also advertised that its laptop computers are “[a]ssembled by our expert engineers
`
`in Richmond, VA” Velocity Gaming and Enthusiast Laptops. Velocity also advertises that its
`
`
`
`- 6 -
`
`
`
`

`

`Case 3:14-cv-00757-REP-DJN Document 30 Filed 12/19/14 Page 7 of 438 PageID# 332
`
`products include “[c]areful custom integration and testing, final assembly by hand in Richmond,
`
`Virginia, USA.” Configure Your M17.
`
`24.
`
`Velocity prominently advertises that several of its product lines use NVIDIA
`
`GPUs. For example, on February 18, 2014, Velocity announced “the immediate availability of
`
`the NVIDIA GeForce GTX 750, GTX 750 Ti, and the amazing GTX TITAN Black in select
`
`Gaming/Enthusiast and Workstation desktops.” Velocity NVIDIA GeForce Press Release.
`
`“‘Every evolution of the GeForce cards presents better and better choices for consumers, and
`
`these new products are no exception,’ said Randy Copeland, President and CEO of Velocity.
`
`‘With the best-in-class performance of the TITAN Black and incredible price for performance of
`
`the GTX 750 and 750 Ti, NVIDIA has brought two great choices to market. We’re excited to
`
`offer them to our enthusiast customers.’” Id.
`
`25.
`
`In another example, on May 23, 2013, Velocity issued a press release announcing
`
`“desktops powered by NVIDIA GeForce GTX 780.” Velocity Desktop Press Release. “‘Since
`
`our first Editors’ Choice award in 2002, we’ve seen PC hardware come a long way. NVIDIA
`
`has always led the way in that innovation,’ said Randy Copeland, President and CEO of
`
`Velocity. ‘After spending a few days testing the GeForce GTX 780, all I can say is WOW –
`
`they’ve done it again. This is seriously fast hardware and a must have for enthusiasts.’” Id.
`
`26.
`
`In yet another example, on May 25, 2010, Velocity issued a press release
`
`announcing the release of its “Raptor X17 Notebook Featuring NVIDIA® GeForce® GTX
`
`480M Mobile Graphics.” Raptor X17 Press Release. “‘With the release of the NVIDIA
`
`GeForce GTX 480M, we’re able to provide a new level of mobile gaming performance to our
`
`customers who demand the best hardware,’ said Chip Lowell, VP of Sales for Velocity. ‘This is
`
`more than just a desktop replacement. It’s the ultimate mobile gaming system.’” Id.
`
`
`
`- 7 -
`
`
`
`

`

`Case 3:14-cv-00757-REP-DJN Document 30 Filed 12/19/14 Page 8 of 438 PageID# 333
`
`27.
`
`Velocity has a history of issuing press releases prominently advertising Velocity
`
`as the global launch partner of select NVIDIA GPUs. For example, on June 5, 2006, Velocity
`
`issued a press release announcing it as a global launch partner for NVIDIA’s GeForce 7950 GX2
`
`Graphics Solution. Velocity NVIDIA GeForce Press Release. “‘We are proud to be a global
`
`launch partner with NVIDIA on this exciting new graphics solution. NVIDIA GeForce 7950
`
`GX2 takes gaming performance to extreme levels,’” said Randy Copeland, Velocity President
`
`and founder. Our strong relationship with NVIDIA enables us to continue to offer our customers
`
`the level of innovation and performance that they’ve grown to expect from us.’” Id. Ujesh
`
`Desia, general manager of desktop GPUs at NVIDIA, stated that “[w]ith that kind of graphics
`
`horsepower at their disposal, Velocity has the knowledge necessary to configure a PC for
`
`customers of BestBuy.com that will deliver an immersive, high-performance gaming
`
`experience.’” Id.
`
`28.
`
`In another example, Velocity issued a press release announcing that “Velocity
`
`Micro Partners With NVIDIA To Launch GeForce 6 Series of Graphics.” Velocity NVIDIA
`
`Partner Press Release. “‘We’re pleased to be able to launch such compelling technology in
`
`conjunction with a well-respected company like NVIDIA,’ said Velocity founder and president
`
`Randall Copeland. ‘This partnership is just one of the many reasons why Velocity Micro is able
`
`to offer premium products to meet the needs of all its customers.’” Id.
`
`29.
`
`Velocity sells desktop and laptop computers that incorporate NVIDIA GPUs.
`
`Velocity competes with Samsung in the sale of computers.
`
`30.
`
`In 2010, Velocity introduced a tablet computer under the name “Cruz Tablet” that
`
`uses the Android operating system and competes with Samsung tablet computers that incorporate
`
`the Android operating system.
`
`
`
`- 8 -
`
`
`
`

`

`Case 3:14-cv-00757-REP-DJN Document 30 Filed 12/19/14 Page 9 of 438 PageID# 334
`
`31.
`
`Velocity sells and offers to sell products and services throughout the United
`
`States, including in this Judicial District, through its website and through major electronics
`
`retailers in North America. Velocity advertises that it “competes on a national level with a full
`
`product line that includes PCs, notebooks, and peripherals. Velocity products have been sold at
`
`nearly every major electronics retailer in North America including Best Buy, Circuit City,
`
`RadioShack, Costco, Sears, Target, and many others.” Velocity Company History. Velocity
`
`introduces products and services that infringe the Asserted Patents knowing that they would be
`
`sold in this Judicial District and elsewhere in the United States.
`
`JURISDICTION AND VENUE
`
`32.
`
`This action arises under the patent laws of the United States, Title 35 of the
`
`United States Code. This Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331
`
`and 1338(a).
`
`33.
`
`Pursuant to 28 U.S.C. § 1367(a), this Court also has supplemental jurisdiction
`
`over the state law claim of false advertising under Va. Code §§ 18.2-216 and 59.1-68.3. This
`
`state law claim is so related to the claims under which the Court has original subject matter
`
`jurisdiction that it forms part of the same case and controversy under Article III of the United
`
`States Constitution.
`
`34.
`
`Pursuant to 28 U.S.C. § 1332, this Court also has subject matter jurisdiction over
`
`the state law claim asserted in this action because there is complete diversity between the parties
`
`to the state law claim and because the amount in controversy against defendant NVIDIA
`
`separately exceeds the value of $75,000, exclusive of interests and costs.
`
`35.
`
`This Court has personal jurisdiction over NVIDIA and Velocity by virtue of the
`
`business activities Defendants conduct within the Commonwealth of Virginia, resulting in
`
`
`
`- 9 -
`
`
`
`

`

`Case 3:14-cv-00757-REP-DJN Document 30 Filed 12/19/14 Page 10 of 438 PageID# 335
`
`sufficient minimum contacts with this forum. NVIDIA and Velocity conduct substantial
`
`business activities in the state, including acts of patent infringement that have injured Samsung,
`
`and therefore Defendants have purposefully availed themselves of the laws of the
`
`Commonwealth of Virginia.
`
`36.
`
`NVIDIA and Velocity directly and/or through intermediaries make, offer for sale,
`
`sell, and/or advertise (including through a website) products and services in the Commonwealth
`
`of Virginia and in this Judicial District. Defendants NVIDIA and Velocity purposefully and
`
`voluntarily place their infringing products into the stream of commerce with the expectation that
`
`they will be purchased by consumers in the Commonwealth of Virginia and in this Judicial
`
`District. These infringing products have been and continue to be purchased by consumers in the
`
`Commonwealth of Virginia and in this Judicial District.
`
`37.
`
`NVIDIA has been registered as a foreign corporation with the Commonwealth of
`
`Virginia since at least May 12, 2010. NVIDIA may be served with process through its registered
`
`agent in the Commonwealth of Virginia, Corporation Service Company, 1111 E. Main St.,
`
`Richmond, VA 23219.
`
`38.
`
`Velocity advertised that it is “100% based in the USA in Richmond, VA.” About
`
`Velocity. Velocity additionally advertised that its laptop computers are “[a]ssembled by our
`
`expert engineers in Richmond, VA,” Gaming and Enthusiast Laptops, and that its products
`
`include “[c]areful custom integration and testing, final assembly by hand in Richmond, Virginia,
`
`USA.” Configure Your M17.
`
`39.
`
`Velocity has been registered as a corporation with the Commonwealth of Virginia
`
`since at least January 7, 1998. Velocity may be served with process through their registered
`
`
`
`- 10 -
`
`
`
`

`

`Case 3:14-cv-00757-REP-DJN Document 30 Filed 12/19/14 Page 11 of 438 PageID# 336
`
`agents in the Commonwealth of Virginia, Freed & Shepherd, P.C., 9030 Stony Point Pkwy Suite
`
`400, Richmond, VA 2325 and Gary S Cook, 4551 Cox Rd Suite 210, Glen Allen, VA 23060.
`
`40.
`
`Venue is proper in this Judicial District pursuant to 28 U.S.C. §§ 1391(b)-(c) and
`
`1400(b) because Defendants have conducted business in this Judicial District, have offices and
`
`facilities in this District, have committed specific acts of infringement and/or induced or
`
`contributed to acts of infringement in this District, and continue to commit and/or induce or
`
`contribute to acts of infringement in this District, entitling Samsung to relief.
`
`ACCUSED PRODUCTS
`
`41.
`
`The “Accused Products” means all Accused GPUs (graphics processing units)
`
`and Accused SOCs (systems-on-chip) and all products that contain an Accused GPU or
`
`Accused SOC that have been made, sold, or offered for sale, or imported into the United States
`
`at any time since November 4, 2008, including all products listed below.
`
`42.
`
`The “Accused GPUs” means all NVIDIA GPUs and all products that contain a
`
`NVIDIA GPU that have been made, used, sold, offered for sale, or imported into the United
`
`States since November 4, 2008, including the products identified in paragraphs 43 to 55, below.
`
`43.
`
`The “’938 Accused GPUs” means all NVIDIA GPUs and all products that
`
`contain NVIDIA GPUs that are designed to operate in conjunction with JEDEC standard
`
`SDRAM or SGRAM that includes posted CAS latency functionality or any equivalent thereof,
`
`and includes, without limitation, the GeForce 8100 mGPU, GeForce 8300 mGPU, GeForce 8300
`
`GS, GeForce 8400 GS, GeForce 8500 GT, GeForce 8600 GT, GeForce 9300 mGPU, GeForce
`
`9300 GS, GeForce 9400 GT, GeForce 9500 GT, GeForce 9600 GS, GeForce 9600 GS, GeForce
`
`G100, GeForce GT120, GeForce GT130, GeForce 205, GeForce 210, GeForce GT 220, GeForce
`
`GT 230, GeForce GT 240, GeForce 310, GeForce 315, GeForce GT 330, GeForce 405, GeForce
`
`
`
`- 11 -
`
`
`
`

`

`Case 3:14-cv-00757-REP-DJN Document 30 Filed 12/19/14 Page 12 of 438 PageID# 337
`
`GT 510, GeForce GT 520, GeForce GT 530, GeForce GT 545 DDR3, GeForce 605, GeForce GT
`
`610, GeForce GT 620, GeForce GT 625, GeForce GT 630, GeForce GT 630 (DDR3), GeForce
`
`GT 635, GeForce GT 640 (DDR3), GeForce GT 705, GeForce GT 710, GeForce GT 720,
`
`GeForce GT 730 (64b DDR3), GeForce GT 730 (128b DDR3), GeForce GT 740 (DDR3),
`
`GeForce GTX 745, GeForce 8200M G, GeForce 8400M G, GeForce 8400M GS, GeForce
`
`8400M GT, GeForce 8600M GS, GeForce 8600M GT, GeForce 9100M G mGPU, GeForce
`
`9200M GS, GeForce 9300M G, GeForce 9300M GS, GeForce 9400M G, GeForce 9500M G,
`
`GeForce 9500M GS, GeForce 9600M GS, GeForce 9600M GT, GeForce G 102M, GeForce G
`
`103M, GeForce G 105M, GeForce G 110M, GeForce GT 120M, GeForce GT 130M, GeForce
`
`GT 220M, GeForce 305M, GeForce 310M, GeForce 315M, GeForce 320M, GeForce GT 320M,
`
`GeForce GT G25M, GeForce GT 330M, GeForce GT 335M, GeForce GT 350M, GeForce GTS
`
`350M, GeForce GTS 360M, GeForce 510M, GeForce GT 415M, GeForce GT 420M, GeForce
`
`GT 425M, GeForce GT 445M, GeForce GT 520M, GeForce GT 520MX, GeForce GT 525M,
`
`GeForce GT 540M, GeForce GT 550M, GeForce GT 555M, GeForce 610M, GeForce GT 620M,
`
`GeForce GT 625M, GeForce GT 630M, GeForce GT 635M, GeForce 640M LE, GeForce GT
`
`640M, GeForce GT 645M, GeForce GT 650M, GeForce 710M, GeForce GT 720M, GeForce GT
`
`730M, GeForce GT 735M, GeForce GT 740M, GeForce GT 745M, GeForce GT 750M, GeForce
`
`820M, GeForce 825M, GeForce 830M, GeForce 840M, GeForce GTX 850M, Quadro FX 1000,
`
`Quadro FX 1100, Quadro FX 2000, Quadro FX 350, Quadro FX 370, Quadro FX 370 LP,
`
`Quadro FX 740, Quadro FX 50, Quadro FX 1700, Quadro 400, Quadro 600, Quadro 410,
`
`Quadro K600, Quadro K420. Quadro K620, NVS 300, NVS 310, NVS 5400M, Quadro FX
`
`360M, Quadro 500M, Quadro 1000M, Quadro 2000M, Quadro K5000M, Quadro K1000M,
`
`Quadro K2000M, Quadro NVS 120M, Quadro NVS 130M, and Quadro NVS 300M.
`
`
`
`- 12 -
`
`
`
`

`

`Case 3:14-cv-00757-REP-DJN Document 30 Filed 12/19/14 Page 13 of 438 PageID# 338
`
`44.
`
`Each of the products in the preceding paragraph is or contains an NVIDIA GPU
`
`designed to operate in conjunction with JEDEC standard SDRAM or SGRAM that includes
`
`posted CAS latency functionality or any equivalent thereof.
`
`45.
`
`The “’602 Accused GPUs” means all NVIDIA GPUs and all products that
`
`contain NVIDIA GPUs that are designed to support any SDRAM or SGRAM that includes an
`
`input data strobe feature supporting single-ended and differential signaling or any equivalent
`
`thereof, and includes, without limitation, the GeForce 8100 mGPU, GeForce 8300 mGPU,
`
`GeForce 8300 GS, GeForce 8400 GS, GeForce 8500 GT, GeForce 8600 GT, GeForce 9300
`
`mGPU, GeForce 9300 GS, GeForce 9400 GT, GeForce 9500 GT, GeForce 9600 GS, GeForce
`
`9600 GS, GeForce G100, GeForce GT120, GeForce GT130, GeForce 205, GeForce 210,
`
`GeForce GT 220, GeForce GT 230, GeForce GT 240, GeForce 310, GeForce 315, GeForce GT
`
`330, GeForce 405, GeForce GT 510, GeForce GT 520, GeForce GT 530, GeForce GT 545
`
`DDR3, GeForce 605, GeForce GT 610, GeForce GT 620, GeForce GT 625, GeForce GT 630,
`
`GeForce GT 630 (DDR3), GeForce GT 635, GeForce GT 640 (DDR3), GeForce GT 705,
`
`GeForce GT 710, GeForce GT 720, GeForce GT 730 (64b DDR3), GeForce GT 730 (128b
`
`DDR3), GeForce GT 740 (DDR3), GeForce GTX 745, GeForce 8200M G, GeForce 8400M G,
`
`GeForce 8400M GS, GeForce 8400M GT, GeForce 8600M GS, GeForce 8600M GT, GeForce
`
`9100M G mGPU, GeForce 9200M GS, GeForce 9300M G, GeForce 9300M GS, GeForce
`
`9400M G, GeForce 9500M G, GeForce 9500M GS, GeForce 9600M GS, GeForce 9600M GT,
`
`GeForce G 102M, GeForce G 103M, GeForce G 105M, GeForce G 110M, GeForce GT 120M,
`
`GeForce GT 130M, GeForce GT 220M, GeForce 305M, GeForce 310M, GeForce 315M,
`
`GeForce 320M, GeForce GT 320M, GeForce GT G25M, GeForce GT 330M, GeForce GT
`
`335M, GeForce GT 350M, GeForce GTS 350M, GeForce GTS 360M, GeForce 510M, GeForce
`
`
`
`- 13 -
`
`
`
`

`

`Case 3:14-cv-00757-REP-DJN Document 30 Filed 12/19/14 Page 14 of 438 PageID# 339
`
`GT 415M, GeForce GT 420M, GeForce GT 425M, GeForce GT 445M, GeForce GT 520M,
`
`GeForce GT 520MX, GeForce GT 525M, GeForce GT 540M, GeForce GT 550M, GeForce GT
`
`555M, GeForce 610M, GeForce GT 620M, GeForce GT 625M, GeForce GT 630M, GeForce GT
`
`635M, GeForce 640M LE, GeForce GT 640M, GeForce GT 645M, GeForce GT 650M, GeForce
`
`710M, GeForce GT 720M, GeForce GT 730M, GeForce GT 735M, GeForce GT 740M, GeForce
`
`GT 745M, GeForce GT 750M, GeForce 820M, GeForce 825M, GeForce 830M, GeForce 840M,
`
`GeForce GTX 850M, Quadro FX 1000, Quadro FX 1100, Quadro FX 2000, Quadro FX 350,
`
`Quadro FX 370, Quadro FX 370 LP, Quadro FX 740, Quadro FX 50, Quadro FX 1700, Quadro
`
`400, Quadro 600, Quadro 410, Quadro K600, Quadro K420. Quadro K620, NVS 300, NVS 310,
`
`NVS 5400M, Quadro FX 360M, Quadro 500M, Quadro 1000M, Quadro 2000M, Quadro
`
`K5000M, Quadro K1000M, Quadro K2000M, Quadro NVS 120M, Quadro NVS 130M, Quadro
`
`NVS 300M, and Jetson TK1.
`
`46.
`
`Each of the products in the preceding paragraph is or contains an NVIDIA GPU
`
`designed to support any SDRAM or SGRAM that includes an input data strobe feature
`
`supporting single-ended and differential signaling or any equivalent thereof.
`
`47.
`
`The “Accused 28 nm GPUs” means all NVIDIA GPUs utilizing 28 nanometer
`
`fabrication processing and all products that contain such a GPU, and includes, without limitation,
`
`the GeForce 710M, GeForce 820M, GeForce 825M, GeForce 830M, GeForce 840M, GeForce
`
`GT 620M, GeForce GT 625M, GeForce GT 630, GeForce GT 630M, GeForce GT 635, GeForce
`
`GT 640, GeForce GT 640M, GeForce GT 640M LE, GeForce GT 645M, GeForce GT 650M,
`
`GeForce GT 710, GeForce GT 720, GeForce GT 720M, GeForce GT 730, GeForce GT 730M,
`
`GeForce GT 735M, GeForce GT 740, GeForce GT 740M, GeForce GT 745M, GeForce GT
`
`750M, GeForce GT 755M, GeForce GTX 645, GeForce GTX 650, GeForce GTX 650 Ti,
`
`
`
`- 14 -
`
`
`
`

`

`Case 3:14-cv-00757-REP-DJN Document 30 Filed 12/19/14 Page 15 of 438 PageID# 340
`
`GeForce GTX 650 Ti Boost, GeForce GTX 660, GeForce GTX 660 Ti, GeForce GTX 660M,
`
`GeForce GTX 670, GeForce GTX 670MX, GeForce GTX 675MX, GeForce GTX 680, GeForce
`
`GTX 680M, GeForce GTX 680MX, GeForce GTX 690, GeForce GTX 745, GeForce GTX 750,
`
`GeForce GTX 750 Ti, GeForce GTX 760, GeForce GTX 760 Ti, GeForce GTX 760M, GeForce
`
`GTX 765M, GeForce GTX 770, GeForce GTX 770M, GeForce GTX 780, GeForce GTX 780 Ti,
`
`GeForce GTX 780M, GeForce GTX 850M, GeForce GTX 860M, GeForce GTX 870M, GeForce
`
`GTX 880M, GeForce GTX 960, GeForce GTX 970, GeForce GTX 970M, GeForce GTX 980,
`
`GeForce GTX 980M, GeForce GTX 980M, GeForce GTX Titan, GeForce GTX Titan Black,
`
`GeForce GTX Titan Z, GF108, GF117, GK104, GK106, GK107, GK110, GK208, GK20A,
`
`GK210, GM107, GM108, GM204, GRID K1, GRID K2, NVS 510, NVS 5200M, NVS 5400M,
`
`Quadro 410, Quadro K1000M, Quadro K1100M, Quadro K2000, Quadro K2000D, Quadro
`
`K2000M, Quadro K2100M, Quadro K2200, Quadro K3000M, Quadro K3100M, Quadro K4000,
`
`Quadro K4000M, Quadro K4100M, Quadro K420, Quadro K4200, Quadro K5000, Quadro
`
`K5000M, Quadro K500M, Quadro K5100M, Quadro K510M, Quadro K5200, Quadro K600,
`
`Quadro K6000, Quadro K610M, and Quadro K620.
`
`48.
`
`Each of the products in the preceding paragraph is or contains an NVIDIA GPU
`
`fabricated utilizing 28 nanometer fabrication processing.
`
`49.
`
`The “Accused 40 nm and Other GPUs” means all NVIDIA GPUs utilizing 40
`
`nanometer, 55 nanometer, 65 nanometer, 80 nanometer, or 90 nanometer fabrication processing
`
`and all products that contain such a GPU, and includes, without limitation, the G71, G71GL,
`
`G71GLM, G72GL, G72GLM, G72M, G73GL, G73GLM, G80, G84, G84GL, G84M, G86,
`
`G86M, G92, G92428B1, G92a, G92b, G92M, G94, G94300A1, G94a, G94b, G94M, G96,
`
`G96b, G96M, G98, G98M, GeForce 205, GeForce 210, GeForce 305M, GeForce 310, GeForce
`
`
`
`- 15 -
`
`
`
`

`

`Case 3:14-cv-00757-REP-DJN Document 30 Filed 12/19/14 Page 16 of 438 PageID# 341
`
`310M, GeForce 315, GeForce 315M, GeForce 320M, GeForce 405, GeForce 410M, GeForce
`
`510, GeForce 6052, GeForce 610M, GeForce 8100 mGPU, GeForce 8200 mGPU, GeForce
`
`8200M G, GeForce 8300 GS, GeForce 8300 mGPU, GeForce 8400 GS, GeForce 8400 GS rev.3,
`
`GeForce 8400M G, GeForce 8400M GS, GeForce 8400M GT, GeForce 8500 GT, GeForce 8600
`
`GS, GeForce 8600 GT, GeForce 8600 GTS, GeForce 8600M GS, GeForce 8600M GT, GeForce
`
`8700M GT, GeForce 8800 GS, GeForce 8800 GT, GeForce 8800 GTS, GeForce 8800 GTS 112 ,
`
`GeForce 8800 GTX, GeForce 8800 Ultra, GeForce 8800M GTS, GeForce 8800M GTX,
`
`GeForce 9100M G mGPU, GeForce 9200M GS, GeForce 9300 GE, GeForce 9300 GS, GeForce
`
`9300 mGPU, GeForce 9300M G, GeForce 9300M GS, GeForce 9400 GT, GeForce 9400 mGPU,
`
`GeForce 9400M G, GeForce 9500 GT, GeForce 9500M G, GeForce 9500M GS, GeForce 9600
`
`GS, GeForce 9600 GSO, GeForce 9600 GSO 512, GeForce 9600 GT, GeForce 9600 GT Green
`
`Edition, GeForce 9600M GS, GeForce 9600M GT, GeForce 9650M GS, GeForce 9650M GT,
`
`GeForce 9700M GT, GeForce 9700M GTS, GeForce 9800 GT, GeForce 9800 GT Green
`
`Edition, GeForce 9800 GTX, GeForce 9800 GTX+, GeForce 9800 GX2, GeForce 9800M GS,
`
`GeForce 9800M GT, GeForce 9800M GTS, GeForce 9800M GTX, GeForce G 100, GeForce G
`
`102M, GeForce G 103M, GeForce G 105M, GeForce G 110M, GeForce G210M, GeForce GT
`
`120, GeForce GT 120M, GeForce GT 130, GeForce GT 130M, GeForce GT 140, GeForce GT
`
`220, GeForce GT 220M, GeForce GT 230, GeForce GT 230M, GeForce GT 240, GeForce GT
`
`240M, GeForce GT 320, GeForce GT 320M, GeForce GT 325M, GeForce GT 330 , GeForce
`
`GT 330M, GeForce GT 335M, GeForce GT 340, GeForce GT 415M, GeForce GT 420, GeForce
`
`GT 420M, GeForce GT 425M, GeForce GT 430, GeForce GT 435M, GeForce GT 440, GeForce
`
`GT 445M, GeForce GT 520, GeForce GT 520M, GeForce GT 520MX, GeForce GT 525M,
`
`GeForce GT 530, GeForce GT 540M, GeForce GT 545, GeForce GT 550M, GeForce GT 555M,
`
`
`
`- 16 -
`
`
`
`

`

`Case 3:14-cv-00757-REP-DJN Document 30 Filed 12/19/14 Page 17 of 438 PageID# 342
`
`GeForce GT 610, GeForce GT 620, GeForce GT 625, GeForce GT 630M, GeForce GT 635M,
`
`GeForce GT 6408, GeForce GT 640M LE, GeForce GT 645, GeForce GT 705, GeForce GT 730,
`
`GeForce GTS 150, GeForce GTS 150M, GeForce GTS 160M, GeForce GTS 240, GeForce GTS
`
`250, GeForce GTS 250 Green, GeForce GTS 250M, GeForce GTS 260M, GeForce GTS 350M,
`
`GeForce GTS 360M, GeForce GTS 450, GeForce GTX 260, GeForce GTX 260 Core 216,
`
`GeForce GTX 260M, GeForce GTX 275, GeForce GTX 280, GeForce GTX 280M, GeForce
`
`GTX 285, GeForce GTX 285M, GeForce GTX 295, GeForce GTX 460, GeForce GTX 460 SE,
`
`GeForce GTX 460M, GeForce GTX 465, GeForce GTX 470, GeForce GTX 470M, GeForce
`
`GTX 480, GeForce GTX 480M, GeForce GTX 485M, GeForce GTX 550 Ti, GeForce GTX 555,
`
`GeForce GTX 560, GeForce GTX 560 SE, GeForce GTX 560 Ti, GeForce GTX 560 Ti 448
`
`Cores Limited Edition, GeForce GTX 560M, GeForce GTX 570, GeForce GTX 570M, GeForce
`
`GTX 580, GeForce GTX 580M, GeForce GTX 590, GeForce GTX 670M, GeForce GTX 675M,
`
`GF100, GF104, GF104-225, GF104-300-KB, GF106, GF106GL, GF108, GF108GL, GF110,
`
`GF1105, GF114, GF116, GF118, GF119, GT200, GT-200, GT200GL, GT215, GT215M,
`
`GT216, GT216GL, GT216M, GT218, GT218GL, GT218M, MCP51, MCP77MH, MCP77MV,
`
`MCP78, MCP79MH, MCP79MVL, MCP79MX, MCP79XT, MCP7AS, MCP7AU, MCP89,
`
`NV43