Case 8:16-cv-00300 Document 1 Filed 02/19/16 Page 1 of 38 Page ID #:1
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`MATTHEW D. POWERS (Bar No. 104795)
`matthew.powers@tensegritylawgroup.com
`STEVEN CHERENSKY (Bar No. 168275)
`steven.cherensky@tensegritylawgroup.com
`AZRA M. HADZIMEHMEDOVIC (Bar No. 239088)
`azra@tensegritylawgroup.com
`TENSEGRITY LAW GROUP, LLP
`555 Twin Dolphin Drive, Suite 650
`Redwood Shores, CA 94065
`Telephone: (650) 802-6000
`Fax: (650) 802-6001
`
`
`
`Attorneys for Plaintiff,
`Polaris Innovations Limited
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`UNITED STATES DISTRICT COURT
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`CENTRAL DISTRICT OF CALIFORNIA
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`SOUTHERN DIVISION
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`Case No. 8:16-cv-300
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`COMPLAINT FOR PATENT
`INFRINGEMENT AND DEMAND
`FOR JURY TRIAL
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`POLARIS INNOVATIONS LIMITED,
`an Irish limited company,
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`Plaintiff,
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`vs.
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`KINGSTON TECHNOLOGY
`COMPANY, INC., a Delaware
`corporation,
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`Defendant.
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`COMPLAINT FOR PATENT INFRINGEMENT
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`KINGSTON 1009
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`Case 8:16-cv-00300 Document 1 Filed 02/19/16 Page 2 of 38 Page ID #:2
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`Plaintiff Polaris Innovations Limited (“Polaris” or “Plaintiff”) hereby alleges
`for its Complaint against Defendant Kingston Technology Company, Inc.
`(“Kingston” or “Defendant”) as follows:
`JURISDICTION
`1. This is an action for patent infringement arising under the patent laws
`of the United States, Title 35 of the United States Code. This Court has subject
`matter jurisdiction of this action pursuant to 28 U.S.C. §§ 1331 and 1338(a).
`2. This Court has personal jurisdiction over Kingston. Kingston is
`headquartered in the Central District of California, has systematic and continuous
`contacts with the forum, and conducts substantial business within this district.
`Upon information and belief, Kingston has committed and continues to commit
`acts of patent infringement, including making, selling, offering to sell, directly or
`through intermediaries, subsidiaries and/or agents, infringing products within this
`district, including to customers in this district.
`VENUE
`3. Venue is proper in this Court pursuant to 28 U.S.C. §§ 1391 and
`1400(b) because Kingston is subject to personal jurisdiction in this district, and
`because a substantial part of the events giving rise to Polaris’s claims occurred in
`this district, and Kingston, which is headquartered in Fountain Valley, California,
`has a regular and established place of business within this district.
`THE PARTIES
`4. Polaris Innovations Limited is a corporation organized and existing
`under the laws of Ireland, with its principal place of business at Polaris Innovations
`Limited, 29 Earlsfort Terrace, Dublin 2, Republic of Ireland.
`5. On information and belief, Kingston Technology Company, Inc. is a
`corporation organized and existing under the laws of Delaware with its principal
`place of business at 17600 Newhope Street, Fountain Valley, California, 92708.
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`COMPLAINT FOR PATENT INFRINGEMENT
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`Case 8:16-cv-00300 Document 1 Filed 02/19/16 Page 3 of 38 Page ID #:3
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`NATURE OF THE ACTION
`6. This is a patent infringement action by Polaris to end Kingston’s
`unauthorized, willful, and infringing manufacture, use, sale, offering for sale,
`and/or importation of products and methods incorporating Polaris’s patented
`inventions.
`7. Polaris holds all substantial rights and interest in the Asserted Patents
`described below, including the exclusive right to sue Kingston for infringement
`and recover damages.
`8. Kingston makes, uses, sells, offers for sale, and imports products and
`methods that infringe the Asserted Patents. Polaris seeks monetary damages and
`prejudgment interest for Kingston’s past and ongoing infringement of the Asserted
`Patents.
`
`THE ASSERTED PATENTS
`9. On December 5, 2000, the United States Patent and Trademark Office
`duly and legally issued U.S. Patent No. 6,157,589 (“the 589 Patent”), entitled
`“Dynamic semiconductor memory device and method for initializing a dynamic
`semiconductor memory device.” A copy of the 589 Patent is attached hereto as
`Ex. 1.
`10. Polaris owns all substantial right, title, and interest in the 589 Patent,
`and holds the right to sue and recover damages for infringement thereof, including
`past infringement.
`11. On August 20, 2002, the United States Patent and Trademark Office
`duly and legally issued U.S. Patent No. 6,438,057 B1 (“the 057 Patent”), entitled
`“DRAM refresh timing adjustment device, system and method.” A copy of the 057
`Patent is attached hereto as Ex. 2.
`12. Polaris owns all substantial right, title, and interest in the 057 Patent,
`and holds the right to sue and recover damages for infringement thereof, including
`past infringement.
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`COMPLAINT FOR PATENT INFRINGEMENT
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`Case 8:16-cv-00300 Document 1 Filed 02/19/16 Page 4 of 38 Page ID #:4
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`13. On February 1, 2005, the United States Patent and Trademark Office
`duly and legally issued U.S. Patent No. 6,850,414 B2 (“the 414 Patent”), entitled
`“Electronic printed circuit board having a plurality of identically designed,
`housing-encapsulated semiconductor memories.” A copy of the 414 Patent is
`attached hereto as Ex. 3.
`14. Polaris owns all substantial right, title, and interest in the 414 Patent,
`and holds the right to sue and recover damages for infringement thereof, including
`past infringement.
`15. On April 17, 2007, the United States Patent and Trademark Office
`duly and legally issued U.S. Patent No. 7,206,978 B2 (“the 978 Patent”), entitled
`“Error detection in a circuit module.” A copy of the 978 Patent is attached hereto
`as Ex. 4.
`16. Polaris owns all substantial right, title, and interest in the 978 Patent,
`and holds the right to sue and recover damages for infringement thereof, including
`past infringement.
`17. On January 1, 2008, the United States Patent and Trademark Office
`duly and legally issued U.S. Patent No. 7,315,454 B2 (“the 454 Patent”), entitled
`“Semiconductor memory module.” A copy of the 454 Patent is attached hereto as
`Ex. 5.
`18. Polaris owns all substantial right, title, and interest in the 454 Patent,
`and holds the right to sue and recover damages for infringement thereof, including
`past infringement.
`19. On February 19, 2008, the United States Patent and Trademark Office
`duly and legally issued U.S. Patent No. 7,334,150 B2 (“the 150 Patent”), entitled
`“Memory module with a clock signal regeneration circuit and a register circuit for
`temporarily storing the incoming command and address signals.” A copy of the
`150 Patent is attached hereto as Ex. 6.
`20. Polaris owns all substantial right, title, and interest in the 150 Patent,
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`COMPLAINT FOR PATENT INFRINGEMENT
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`Case 8:16-cv-00300 Document 1 Filed 02/19/16 Page 5 of 38 Page ID #:5
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`and holds the right to sue and recover damages for infringement thereof, including
`past infringement.
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`COUNT I:
`INFRINGEMENT OF U.S. PATENT NO. 6,157,589
`21. Polaris incorporates and realleges paragraphs 1-20 above as if fully set
`forth herein.
`22. On information and belief, Kingston has willfully infringed and
`continues to willfully infringe one or more claims of the 589 Patent, including, but
`not limited to, Claims 11 and 12, pursuant to 35 U.S.C. § 271(a), literally or under
`the doctrine of equivalents, by making, using, selling, offering to sell in the United
`States without authority, and/or importing into the United States without authority,
`solid-state drives (SSDs) performing the claimed methods for initializing a
`dynamic semiconductor memory device. These products, the “589 Patent
`Infringing Products,” including by way of a non-limiting example only, Kingston’s
`SSDs with model number SM2280S3/120G, perform the methods for initializing a
`dynamic semiconductor memory device as required by the claims of the 589 Patent.
`23. By way of example, the front and back views of a representative 589
`Patent Infringing Product (SM2280S3/120G) that performs the claimed methods
`are shown in the image below.
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`COMPLAINT FOR PATENT INFRINGEMENT
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`Case 8:16-cv-00300 Document 1 Filed 02/19/16 Page 6 of 38 Page ID #:6
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`24. The front image of this representative 589 Infringing Product
`(SM2280S3/120G) is annotated below for illustration.
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`Specifically, the 589 Patent Infringing Products, such as SM2280S3/120G, include
`a dynamic
`random
`access memory
`(DRAM)
`chip
`(labeled Nanya
`NT5CC128M16FP in the photo above) and a controller chip (labeled Phison
`PS3108 in the photo above). See generally 2Gb DDR3 SDRAM H-Die datasheet,
`available
`at
`Nanya
`Technology
`(“Nanya
`Datasheet”),
`http://www.nanya.com/NanyaAdmin/GetFiles.ashx?ID=1199 (last visited February
`3, 2016). On information and belief, when Kingston, its customers, and other third
`parties turn on the 589 Patent Infringing Products, the controller chip supplies, via
`an initialization circuit, a supply voltage stable signal (for example, the Active
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`Low Asynchronous Reset signal, (cid:2)(cid:1)(cid:3)(cid:1)(cid:4), see Nanya Datasheet at 8) once a supply
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`voltage has been stabilized (for example, at the time labeled Tb, see Nanya
`Datasheet, Fig. 3 at 13, and as described in Step 1 of the initialization sequence,
`Nanya Datasheet at 11) after the switching-on operation of the dynamic
`semiconductor memory device (for example, in the “Reset Procedure” state which
`follows the “Power ON” state, Nanya Datasheet, Fig. 2 at 10). The controller chip
`also supplies, via an enable circuit of the initialization circuit, an enable signal (for
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`COMPLAINT FOR PATENT INFRINGEMENT
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`Case 8:16-cv-00300 Document 1 Filed 02/19/16 Page 7 of 38 Page ID #:7
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`example, the Clock Enable signal, CKE, Nanya Datasheet, Table 3 at 7, which the
`DRAM waits for as described in Step 2 of the initialization sequence, Nanya
`Datasheet at 11), the initialization circuit receiving the supply voltage stable signal
`(for example, as described in Step 2 of the Reset and Initialization Procedure,
`Nanya Datasheet at 11) and further command signals (for example, the “Command”
`signals, Nanya Datasheet, Fig. 3 at 13) externally applied to the dynamic
`semiconductor memory device, after an identification of a predetermined proper
`initialization sequence of the further command signals (for example, the Mode
`Register Set (“MRS”) and/or ZQ Calibration (“ZQCL”) commands issued in Steps
`6-10 of the initialization sequence, Nanya Datasheet at 12-14) the enable signal
`being generated (for example, as shown on the CKE line, Nanya Datasheet, Fig. 3
`at 13, and as described in Step 3 of the initialization sequence, Nanya Datasheet at
`11) and effecting an unlatching of a control circuit (for example, the control
`circuits contained in the DRAM chip which prepare the SDRAM for receiving
`valid commands during normal operation as described in Steps 10 and 12 of the
`initialization sequence, Nanya Datasheet at 12) provided for a proper operation of
`the dynamic semiconductor memory device. See id.
`25. On information and belief, the controller provides at least one of a
`preparation command signal for word line activation, a refresh command signal,
`and a loading configuration register command signal as the further command
`signals (for example, the MRS command, which acts both as a preparation
`command signal and as a loading configuration register command signal, see
`Nanya Datasheet at 12-14).
`26. On information and belief, Kingston has induced and continues to
`induce infringement of one or more claims of the 589 Patent, including, but not
`limited to, Claims 11 and 12, pursuant to 35 U.S.C. § 271(b), by encouraging its
`customers and other third parties to perform the claimed method for initializing a
`dynamic semiconductor memory device. This performance of the claimed method
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`Case 8:16-cv-00300 Document 1 Filed 02/19/16 Page 8 of 38 Page ID #:8
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`for initializing a dynamic semiconductor memory device, constitutes infringement,
`literally or under the doctrine of equivalents, of one or more claims of the 589
`Patent by such customers or third parties. Kingston’s acts of inducement include:
`providing its customers with the 589 Patent Infringing Products and intending its
`customers to use the 589 Infringing Products with hardware, software, and other
`infrastructure that enable and/or make use of these products; advertising these
`products
`through
`its own
`and
`third-party websites
`(for
`example,
`http://www.kingston.com/ssd); encouraging customers and other third parties to
`communicate directly with Kingston representatives about these products (for
`example, through the “Ask an Expert” feature on its website); and providing
`instructions on how to use these products. For example, Kingston’s documentation
`supplied with the representative 589 Patent Infringing Product instructs users to
`install the product in a computer system and restart the computer system, and thus
`to perform the claimed methods. See Kingston Technology SSDNow Series Solid
`available
`at
`State Drive Getting
`Started, No.
`4402105-001.B00,
`http://media.kingston.com/support/downloads/SSD_mSATA_Installguide.pdf (last
`visited on February 3, 2016).
`27. Kingston proceeded in this manner despite its actual knowledge of the
`589 Patent and its knowledge that the specific actions it actively induced on the
`part of its customers and other third parties constitute infringement of the 589
`Patent at least as of February 1, 2016 when Polaris placed Kingston on notice of
`infringement of the 589 Patent and identified Kingston’s infringing products. At
`the very least, because Kingston has been and remains on notice of the 589 Patent
`and the accused infringement, it has been and remains willfully blind regarding the
`infringement it has induced and continues to induce.
`28. On information and belief, Kingston has contributed to and continues
`to contribute to infringement of one or more claims of the 589 Patent, including,
`but not limited to, Claims 11 and 12, pursuant to 35 U.S.C. § 271(c) by, without
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`Case 8:16-cv-00300 Document 1 Filed 02/19/16 Page 9 of 38 Page ID #:9
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`authority, selling and/or offering to sell within the United States, importing, and/or
`supplying components of systems that perform the claimed methods for initializing
`a dynamic semiconductor memory device, including without limitation the 589
`Patent Infringing Products. These components supplied by Kingston are key
`components to building computer systems such as laptops or desktop computers.
`When, for example, these products are installed on a computing device and used
`for storage, the claimed dynamic semiconductor memory device is used, and/or the
`claimed methods performed, thereby infringing, literally or under the doctrine of
`equivalents, one or more claims of the 589 Patent. Kingston supplied and continues
`to supply these components, including without limitation the 589 Patent Infringing
`Products, with the knowledge of the 589 Patent and with the knowledge that these
`components constitute material parts of the claimed inventions of the 589 Patent.
`Kingston knows that these components are especially made and/or especially
`adapted for use as claimed in the 589 Patent. Further, Kingston knows that there is
`no substantial non-infringing use of these components.
`29. Polaris has suffered damages as a result of Kingston’s infringement of
`the 589 Patent.
`30. Kingston’s infringement of the 589 Patent has been and continues to
`be willful, deliberate, and in disregard of Polaris’s patent rights. At least as of
`February 1, 2016, when Polaris placed Kingston on notice of infringement of the
`589 Patent and identified Kingston’s infringing products, Kingston has had actual
`knowledge of infringement of the 589 Patent and has proceeded to infringe the 589
`Patent with full and complete knowledge of that patent and its applicability to
`Kingston’s products without taking a license under the 589 Patent. Despite
`knowledge of the 589 Patent, Kingston has acted and is acting despite an
`objectively high likelihood that its actions constitute patent infringement. This
`objective risk was and is known to Kingston, and is also so obvious that it should
`have been known to Kingston. Such willful and deliberate conduct entitles Polaris
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`to increased damages under 35 U.S.C. § 284 and to attorneys’ fees and costs
`incurred in prosecuting this action under 35 U.S.C. § 285.
`COUNT II:
`INFRINGEMENT OF U.S. PATENT NO. 6,438,057
`31. Polaris incorporates and realleges paragraphs 1-20 above as if fully set
`forth herein.
`32. On information and belief, Kingston has willfully infringed and
`continues to willfully infringe one or more claims of the 057 Patent, including, but
`not limited to, Claims 1 and 2, pursuant to 35 U.S.C. § 271(a), literally or under the
`doctrine of equivalents, by making, using, selling, and/or offering to sell in the
`United States without authority and/or importing into the United States without
`authority, Double Data Rate 3 (DDR3) Dual In-line Memory Module (DIMM)
`products, devices, systems, and/or components of systems that support the
`Extended Temperature Range (85°C to 95°C). These products, the “057 Patent
`Infringing Products,” including by way of a non-limiting example only, Kingston’s
`memory module product with model number KVR16R11D4/16, include the
`temperature-based refresh rate adjustment required by the claims of the 057 Patent.
`33. By way of example, the front and back views of a representative 057
`Patent Infringing Product (KVR16R11D4/16) that uses the claimed temperature-
`based refresh rate adjustment are shown in the image below.
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`Case 8:16-cv-00300 Document 1 Filed 02/19/16 Page 11 of 38 Page ID #:11
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`34. The schematic diagram of this representative 057 Infringing Product
`(KVR16R11D4/16) is reproduced from publicly available Kingston documentation
`and annotated below for illustration.
`
`
`Kingston Value RAM Memory Module Specifications, Doc. No.
`VALUERAM1123-001.A00 (Apr. 25, 2012) (“KVR16R11D4/16 Datasheet”) at 2,
`available at http://www.kingston.com/dataSheets/KVR16R11D4_16.pdf
`(last
`visited February 3, 2016) (annotations added). Specifically, the 057 Patent
`Infringing Products, such as KVR16R11D4/16, are apparatuses comprising a
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`semiconductor package of the memory module including at least one contact pin
`(one example shown in the blue box in the diagram above) and at least one
`dynamic random access memory (DRAM) array comprising one or more DRAM
`chips (shown in the green box in the diagram above), such as “DDR3-1600 CL11
`SDRAM” in KVR16R11D4/16, see KVR16R11D4/16 Datasheet at 1. On
`information and belief, all 057 Patent Infringing Products that support the
`Extended Temperature Range comprise at least one temperature sensor (an
`example shown in the orange box above) in thermal communication with the
`DRAM array, operable to produce a signal indicative of a temperature of the
`DRAM array or the equivalent, and coupled to at least one connection pin such that
`the signal may be provided to external circuitry. For example, the representative
`057 Patent
`Infringing Product
`(KVR16R11D4/16) comprises an Atmel
`AT30TSE002B integrated temperature sensor with SEEPROM (annotated in the
`product image above). See AT30TSE002B Integrated Temperature Sensor with
`available
`at
`SEEPROM
`datasheet
`(“Atmel Datasheet”)
`at
`1,
`http://www.atmel.com/images/doc8711.pdf (last visited February 3, 2016). This
`AT30TSE002B temperature sensor is in thermal communication with the DRAM
`array, operable to produce a signal indicative of a temperature of the DRAM array
`(for example, the Temperature Alert signal output by the EVENT pin) or the
`equivalent, and coupled to at least one connection pin (for example, the EVENT
`pin), such that the signal may be provided to external circuitry (for example, the
`controller). See Atmel Datasheet at 1-4, 11, 16-18. Further, the DRAM array on the
`057 Infringing Products is refreshed at a rate that decreases as the temperature of
`the DRAM array decreases and that increases as the temperature of the DRAM
`array increases. See, e.g., KVR16R11D4/16 Datasheet at 1 (“Average Refresh
`Period 7.8μs at lower than TCASE 85ºC, 3.9μs at 85ºC < TCASE ≤ 95ºC”).
`35. On information and belief, at least one temperature sensor of one or
`more of the 057 Infringing Products includes at least one diode having a forward
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`Case 8:16-cv-00300 Document 1 Filed 02/19/16 Page 13 of 38 Page ID #:13
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`voltage drop that varies as a function of the temperature of the DRAM array, and
`the signal corresponds to the forward voltage drop of the at least one diode. See,
`e.g., Atmel Datasheet at 3 (“Band Gap Temperature Sensor”) and 11 (“a band gap
`type temperature sensor”).
`36. On information and belief, Kingston has induced and continues to
`induce infringement of one or more claims of the 057 Patent, including, but not
`limited to, Claims 1, 2, 6, 7, 8, 9, 10, 11, 13, 14, 15, 16, and 17, pursuant to 35
`U.S.C. § 271(b) by inducing its customers and other third parties to make, use, sell,
`offer to sell, import into the United States without authorization infringing
`products that comprise an 057 Infringing Product as described above and a refresh
`unit and/or chip performing the temperature-based refresh rate adjustment (the
`“057 Infringing Systems”), and by inducing its customers and other third parties to
`perform the claimed method of the temperature-based refresh rate adjustment. This
`making, using, selling, offering to sell, importing into the United States without
`authorization one or more of the 057 Infringing Systems, and performance of the
`claimed method constitute infringement, literally or under the doctrine of
`equivalents, of one or more claims of the 057 Patent by such customers or third
`parties as further explained below.
`37. Specifically, on information and belief, the 057 Infringing Systems
`comprise one of the 057 Infringing Products, as described in the paragraph 34
`supra, and a refresh unit (for example, a unit performing the temperature-based
`refresh rate adjustment in the controller, not shown in the images above) operable
`to refresh the DRAM array at a rate that varies in response to the signal (such as
`the EVENT pin). See, e.g.,
`the Temperature Alert signal output by
`KVR16R11D4/16 Datasheet at 1 (“Average Refresh Period 7.8μs at lower than
`TCASE 85ºC, 3.9μs at 85ºC < TCASE ≤ 95ºC”).
`38. On information and belief, such refresh unit of the 057 Infringing
`Systems further includes a refresh timing unit operable to establish the rate at
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`Case 8:16-cv-00300 Document 1 Filed 02/19/16 Page 14 of 38 Page ID #:14
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`which the DRAM array is refreshed in response to the signal (such as the
`Temperature Alert signal output by the EVENT pin). Id.
`39. On information and belief, such refresh timing unit of one or more of
`the 057 Infringing Systems further includes a refresh timing unit operable to
`decrease the rate at which the DRAM array is refreshed as the signal (such as the
`Temperature Alert signal output by the EVENT pin) indicates that the temperature
`of the DRAM array decreases. Id.
`40. On information and belief, such refresh timing unit of one or more of
`the 057 Infringing Systems further includes a refresh timing unit operable to
`increase the rate at which the DRAM array is refreshed as the signal (such as the
`Temperature Alert signal output by the EVENT pin) indicates that the temperature
`of the DRAM array increases. Id.
`41. On information and belief, at least one temperature sensor of one or
`more of the 057 Infringing Systems further includes at least one diode having a
`forward voltage drop that varies as a function of the temperature of the DRAM
`array, and the signal corresponds to the forward voltage drop of the at least one
`diode. See, e.g., Atmel Datasheet at 3 (“Band Gap Temperature Sensor”) and 11
`(“a band gap type temperature sensor”).
`42. On information and belief, the refresh unit of one or more of the 057
`Infringing Systems is operable to sense the forward voltage drop of the diode to
`determine the temperature of the DRAM array. Id.
`43. On information and belief, one or more of the 057 Infringing Systems
`comprise at least one DRAM chip including a DRAM array and at least one
`temperature sensor in thermal communication with the DRAM array, at least one
`temperature sensor being operable to produce a signal indicative of a temperature
`of the DRAM array; the DRAM chip further includes at least one connection pin
`operable to provide the signal to external circuitry. See paragraph 34 supra. Such
`057 Infringing Systems further comprise at least one refresh chip (such as a chip in
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`COMPLAINT FOR PATENT INFRINGEMENT
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`Case 8:16-cv-00300 Document 1 Filed 02/19/16 Page 15 of 38 Page ID #:15
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`the controller performing the temperature-based refresh rate adjustment, not shown
`in the images above) operable to refresh the DRAM array at a rate that varies in
`response to the signal, wherein the refresh chip is operable to (i) decrease the rate
`at which the DRAM array is refreshed as the signal indicates that the temperature
`of the DRAM array decreases; and (ii) increase the rate at which the DRAM array
`is refreshed as the signal indicates that the temperature of the DRAM array
`increases. Id.
`44. On information and belief, at least one temperature sensor of the 057
`Infringing Systems as described in paragraph 43 further includes at least one diode
`having a forward voltage drop that varies as a function of the temperature of the
`DRAM array, and the signal corresponds to the forward voltage drop of the at least
`one diode. See, e.g., Atmel Datasheet at 3 (“Band Gap Temperature Sensor”) and
`11 (“a band gap type temperature sensor”).
`45. On information and belief, the refresh chip in the 057 Infringing
`Systems is operable to sense the forward voltage drop of the diode to determine the
`temperature of the DRAM array. Id.
`46. On information and belief, Kingston’s customers and other third
`parties perform the claimed method of temperature-based refresh rate adjustment
`by using the 057 Infringing System. Such method comprises sensing a temperature
`of a dynamic random access memory (DRAM) array; outputting a signal indicative
`of the temperature of the DRAM array to external circuitry; and refreshing
`contents of the DRAM array at a rate that (i) decreases as the temperature of the
`DRAM array decreases; and (ii) increases as the temperature of the DRAM array
`increases. See paragraphs 34 and 37 supra.
`47. On information and belief, the steps of the claimed method performed
`by Kingston’s customers and other third parties for sensing the temperature of the
`DRAM array also comprises sensing a forward voltage drop of a diode that is in
`thermal communication with the DRAM array. See paragraphs 35, 41, 42, 44 supra.
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`Case 8:16-cv-00300 Document 1 Filed 02/19/16 Page 16 of 38 Page ID #:16
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`48. Kingston’s acts of active inducement of direct infringement by its
`customers and other third parties include: providing its customers with the 057
`Infringing Products and intending its customers to use these infringing memory
`module products with hardware and software and other infrastructure, including a
`controller that comprises a refresh unit and/or chip to make and use the 057
`Infringing Systems; advertising its infringing memory module products through its
`own
`and
`third-party
`websites
`(for
`example,
`http://www.kingston.com/us/memory/search/MemoryType/Default.aspx?Memory
`Type=DIMM,3,,); encouraging customers and other third parties to communicate
`regarding these products directly with Kingston representatives (for example,
`through the “Ask an Expert” feature on its website); and providing its customers
`and other third parties with instructions on how to combine these infringing
`memory module products with hardware and software and other infrastructure to
`make and use the 057 Infringing System, and to perform the claimed method. For
`example, Kingston’s user manual, supplied with the representative 057 Patent
`Infringing Product, instructs the users to install and use the product in a computer
`system, thus instructing the users to make and use the 057 Infringing System and
`enable the users to perform the claimed method. See Ex. 7, Kingston Technology
`Installation Guide, Doc. 4402092-001.D00;
`see also,
`Warranty
`and
`KVR16R11D4/16 Datasheet.
`49. Kingston proceeded in this manner despite its actual knowledge of the
`057 Patent and its knowledge that the specific actions it actively induced on the
`part of its customers and other third parties constitute infringement of the 057
`Patent at least as of February 1, 2016, when Polaris placed Kingston on notice of
`infringement of the 057 Patent and identified Kingston’s infringing products. At
`the very least, because Kingston has been and remains on notice of the 057 Patent
`and the accused infringement, it has been and remains willfully blind regarding the
`infringement it has induced and continues to induce.
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`Case 8:16-cv-00300 Document 1 Filed 02/19/16 Page 17 of 38 Page ID #:17
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`50. On information and belief, Kingston has contributed to and continues
`to contribute to infringement of one or more claims of the 057 Patent, including,
`but not limited to, Claims 1, 2, 6, 7, 8, 9, 10, 11, 13, 14, 15, 16, and 17, pursuant to
`35 U.S.C. § 271(c) by, without authority, selling, offering to sell within the United
`States, importing, and/or supplying components of the 057 Infringing Systems, and
`apparatuses for use in the claimed methods of the temperature-based refresh rate
`adjustment, including without limitation the 057 Patent Infringing Products. These
`components and apparatuses supplied by Kingston, including without limitation
`the 057 Patent Infringing Products, are key components for temperature-based
`refresh rate adjustment, thus constituting material parts of the claimed inventions
`of the 057 Patent. Kingston supplied and continues to supply these components and
`apparatuses, including without limitation the 057 Patent Infringing Products, with
`the knowledge of the 057 Patent and with the knowledge that these components
`constitute material parts of the claimed inventions of the 057 Patent. Kingston
`knows that these components and appar