Case 1:19-cv-00267-UNA Document 1 Filed 02/07/19 Page 1 of 101 PageID #: 1
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`PACT XPP SCHWEIZ AG
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`Plaintiff,
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`v.
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`INTEL CORPORATION
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`Defendant.
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`Case No. ______________
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`JURY TRIAL DEMANDED
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`Plaintiff PACT XPP Schweiz AG, for its Complaint against Intel Corporation (“Intel” or
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`COMPLAINT
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`“Defendant”), hereby alleges as follows:
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`PARTIES
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`1.
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`Plaintiff PACT XPP Schweiz AG is a Swiss corporation, with its principal place
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`of business in Switzerland. PACT XPP Schweiz AG is the assignee of all patents identified in
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`this Complaint including all rights to sue for past and future damages for infringement of said
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`patents.
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`2.
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`Upon information and belief, Intel is a Delaware corporation with its corporate
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`headquarters in Santa Clara, California and manufacturing facilities in Oregon, Arizona, New
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`Mexico, Massachusetts, and numerous other countries.
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`3.
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`Intel, founded in 1968, has over an 80% market share in computer processor
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`technology, and over $70 Billion in revenues producing $29.4 Billion of cash from operations
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`and returned nearly $16.3 Billion to shareholders in 2018 based on a gross profit margin of
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`61.7% of revenues. Intel’s two major operating segments are the PC Client Group, which
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`produced over $37 Billion in revenue for 2018 and focuses on the processors found in consumer-
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`1
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`PACT - Ex. 2003.0001
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`Case 1:19-cv-00267-UNA Document 1 Filed 02/07/19 Page 12 of 101 PageID #: 12
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`and other core processors with the microarchitectures of Sandy Bridge, Ivy Bridge, Haswell,
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`Broadwell, Skylake, Kaby Lake, Coffee Lake, Cannon Lake, Ice Lake, and above.
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`34.
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`The Accused Xeon Instrumentalities are Intel Xeon processors with Sandy Bridge
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`and above microarchitectures, including, but not limited to, E3, E5, E7, and other Xeon
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`processors with the microarchitectures of Sandy Bridge, Ivy Bridge, Haswell, Broadwell,
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`Skylake, Kaby Lake, and above.
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`35.
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`Other
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`accused
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`instrumentalities
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`include
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`the Accused Turbo Boost
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`Instrumentalities, the Accused Turbo Boost 3.0 Instrumentalities, the Accused Stacking
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`Instrumentalities, and the Accused ’505 Instrumentalities as defined and discussed in
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`corresponding sections below.
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`COUNT I – INFRINGEMENT OF U.S. PATENT NO. 7,928,763
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`36.
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`PACT incorporates each of the above paragraphs 1-35 as though fully set forth
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`herein.
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`37.
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`PACT is informed and believes, and thereon alleges, that Intel has infringed and
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`unless enjoined will continue to infringe one or more claims of the ’763 Patent, in violation of 35
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`U.S.C. § 271, by, among other things, making, using (including testing), offering to sell, and
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`selling within the United States, supplying or causing to be supplied in or from the United States,
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`and importing into the United States, without authority or license, Intel products with the
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`infringing features, including the Accused Core Instrumentalities and the Accused Xeon
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`Instrumentalities.
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`38.
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`For example, the Accused Core Instrumentalities and the Accused Xeon
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`Instrumentalities embody every limitation of at least claim 1 of the ’763 Patent, literally or under
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`the doctrine of equivalents, as set forth below. The further descriptions below, which are based
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`on publicly available information, are preliminary examples and are non-limiting.
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`12
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`PACT - Ex. 2003.0002
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`Case 1:19-cv-00267-UNA Document 1 Filed 02/07/19 Page 13 of 101 PageID #: 13
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`“A multi-processor chip, comprising”
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`39.
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`The Accused Core Instrumentalities and the Accused Xeon Instrumentalities are
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`multi-core processors, and hence, a multi-processor chip.
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`“a plurality of data processing cells, each adapted for sequentially executing at least one of
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`algebraic and logic functions and having”
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`40.
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`The Accused Core Instrumentalities and the Accused Xeon Instrumentalities
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`include a plurality of cores, each of which is adapted for sequentially executing at least one of
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`algebraic and logic functions as shown in the figure below:
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`“at least one arithmetic logic unit; at least one data register file; a program pointer; and at
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`least one instruction decoder”
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`41.
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`The Accused Core Instrumentalities and the Accused Xeon Instrumentalities
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`include multi-core processors further including multiple ALUs, general purpose registers,
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`instruction pointer, and decoders, thus, including the recited arithmetic logic unit, at least one
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`data register file, a program pointer, and at least one instruction decoder.
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`“a plurality of memory cells”
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`13
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`PACT - Ex. 2003.0003
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`Case 1:19-cv-00267-UNA Document 1 Filed 02/07/19 Page 14 of 101 PageID #: 14
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`42.
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`The Accused Core Instrumentalities and the Accused Xeon Instrumentalities
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`include Last Level Caches that constitute a plurality of memory cells.
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`“at least one interface unit”
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`43.
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`The Accused Core Instrumentalities and the Accused Xeon Instrumentalities
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`include a System Agent and/or components within or connected or attached to the System Agent
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`and/or the Last Level Caches (such as cache box) that constitute at least one interface unit.
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`“at least one Memory Management Unit (MMU); and”
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`44.
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`The Accused Core Instrumentalities and the Accused Xeon Instrumentalities
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`include memory management functionalities, and thus, at least one Memory Management Unit
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`(MMU).
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`“a bus system for interconnecting the plurality of data processing cells, the plurality of
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`memory cells, and the at least one interface unit, wherein the bus system is adapted for
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`programmably interconnecting at runtime at least one of data processing cells and memory
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`cells with at least one of memory cells and one or more of the at least one interface unit.”
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`45.
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`The Accused Core Instrumentalities and the Accused Xeon Instrumentalities
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`include a ring bus system (or equivalents) programmably interconnecting at runtime the cores,
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`the LLCs and/or the interface unit identified above as shown in the figure below:
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`14
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`PACT - Ex. 2003.0004
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`Case 1:19-cv-00267-UNA Document 1 Filed 02/07/19 Page 15 of 101 PageID #: 15
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`46.
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`In violation of 35 U.S.C. § 271, Intel has infringed and is currently infringing,
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`directly and/or through intermediaries, the ’763 Patent by making, using, selling, offering for
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`sale, and/or importing into the United States, without authority, products that practice at least
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`claim 1 of the ’763 Patent. These products include the Accused Core Instrumentalities and the
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`Accused Xeon Instrumentalities, and any other products that incorporate the Accused Core
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`Instrumentalities and the Accused Xeon Instrumentalities. Intel has infringed and is currently
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`infringing literally and/or under the doctrine of equivalents.
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`47.
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`On information and belief, PACT asserts that Intel was aware of this patent before
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`this lawsuit was filed, and at least as of the service of this Complaint, Intel had actual knowledge
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`of its infringement of the ’763 Patent.
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`48.
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`PACT is informed and believes, and thereon alleges, that Intel, subsequent to the
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`time it first learned of the ’763 Patent and at least as of the time of service of this Complaint,
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`specifically
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`intended
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`to
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`induce patent
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`infringement by
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`third-party original equipment
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`manufacturers (OEMs), customers, and users of the Accused Core Instrumentalities and the
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`Accused Xeon Instrumentalities and had knowledge that the inducing acts would cause
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`infringement or is willfully blind to the possibility that their inducing acts would cause
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`infringement. Intel has sold and continues to sell the Accused Core Instrumentalities and the
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`Accused Xeon Instrumentalities to OEMs making OEM products (e.g., computers, servers,
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`laptops, tablets, etc.), knowing that the Accused Core Instrumentalities and the Accused Xeon
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`Instrumentalities will be included in the OEM products and sold to customers in the United
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`States in violation of U.S. patent law, and/or to original design manufacturers (ODMs), knowing
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`that the Accused Core Instrumentalities and the Accused Xeon Instrumentalities will ultimately
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`be included in OEM products and sold to customers in the United States.
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`15
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`PACT - Ex. 2003.0005
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`Case 1:19-cv-00267-UNA Document 1 Filed 02/07/19 Page 16 of 101 PageID #: 16
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`49.
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`Indeed, Intel’s “Intel Inside” campaign has informed customers through
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`advertising and stickers on the OEM products themselves that the products contain the Accused
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`Core Instrumentalities and the Accused Xeon Instrumentalities. Intel also knows that many such
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`OEM products that contain the Accused Core Instrumentalities and the Accused Xeon
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`Instrumentalities are made outside the United States and are imported into the United States in
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`violation of U.S. patent law. Intel also knows that U.S. customers of the OEMs use the OEM
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`products containing the Accused Core Instrumentalities and the Accused Xeon Instrumentalities
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`in the United States in violation of U.S. patent law.
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`50.
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`Intel also publicly provides documentation, including datasheets available through
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`Intel’s publicly accessible ARK service and software developer’s manuals, instructing customers
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`on uses of Intel’s products that infringe the ’763 Patent. See, e.g., http://ark.intel.com. In
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`addition, Intel specifically advertises and promotes the infringing use of Intel’s products,
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`including the ring bus system and its equivalent. See, e.g., https://software.intel.com/en-
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`us/articles/how-memory-is-accessed.
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`51.
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`On information and belief, Intel’s customers directly infringe the ’763 Patent by,
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`for example, making, using, offering to sell, and selling within the United States, and importing
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`into the United States, without authority or license, products containing the Accused Core
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`Instrumentalities and the Accused Xeon Instrumentalities.
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`52.
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`Intel contributes to the infringement of the ’763 Patent in violation of 35 U.S.C.
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`§ 271(c). As stated above, on information and belief Intel was aware of the ’763 Patent before
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`this lawsuit was filed but Intel was aware of the ’763 Patent at least as of the time of service of
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`this Complaint. Intel thus offers to sell and sells within the United States the Accused Core
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`Instrumentalities and the Accused Xeon Instrumentalities knowing that those products constitute
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`16
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`PACT - Ex. 2003.0006
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`Case 1:19-cv-00267-UNA Document 1 Filed 02/07/19 Page 17 of 101 PageID #: 17
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`a material part of the claimed invention because Intel incorporates the accused components (ring
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`bus system, multi-cores, LLCs, etc.) into the Accused Core Instrumentalities and the Accused
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`Xeon Instrumentalities.
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`53.
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`Intel knows that the Accused Core Instrumentalities and the Accused Xeon
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`Instrumentalities are especially made or especially adapted for use in infringing the ’763 Patent
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`because the Accused Core Instrumentalities and the Accused Xeon Instrumentalities all contain
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`the infringing components (ring bus system, multi-cores, LLCs, etc.). Furthermore, because the
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`Accused Core Instrumentalities and the Accused Xeon Instrumentalities contain the infringing
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`components (ring bus system, multi-cores, LLCs, etc.), they are not a staple article or commodity
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`of commerce suitable for substantial non-infringing use.
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`54.
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`In addition, Intel offers to sell and sells the Accused Core Instrumentalities and
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`the Accused Xeon Instrumentalities to Original Equipment Manufacturers (OEMs) and/or
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`Original Design Manufacturers
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`(ODMs) who
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`then
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`incorporate
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`the Accused Core
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`Instrumentalities and the Accused Xeon Instrumentalities into infringing products which are used,
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`sold, offered for sale, and/or imported in the United States in an infringing manner. Accordingly,
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`Intel is liable as a contributory infringer.
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`55.
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`In the alternative, to the extent Intel does not meet all of the limitations of
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`the ’763 Patent by making the Accused Core Instrumentalities and the Accused Xeon
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`Instrumentalities in the United States, Intel infringes under 35 U.S.C. § 271(f)(1) and (f)(2) by
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`supplying from the United States a substantial portion of the components of the Accused Core
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`Instrumentalities and the Accused Xeon Instrumentalities (for example, structures or components
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`contained in semiconductor wafers or dies or the like), and actively induces the combination of
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`components outside the United States in a manner that would infringe the ’763 Patent (for
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`17
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`PACT - Ex. 2003.0007
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`Case 1:19-cv-00267-UNA Document 1 Filed 02/07/19 Page 18 of 101 PageID #: 18
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`example, by packaging or assembly, or by incorporation into computers, laptops, servers, tablets,
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`or the like by ODMs or OEMs). Intel further supplies from the United States components which
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`are especially made and especially adapted for use in practicing the ’763 Patent, and not staple
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`articles or a commodity of commerce suitable for substantial non-infringing use (for example,
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`structures or components contained in semiconductor wafers or dies or the like). Intel knows the
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`components are especially made and especially adapted to be combined outside of the United
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`States in a manner that would infringe the ’763 Patent (for example, by packaging or assembly,
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`or by incorporation into desktop computers, laptops, servers, tablets, or the like by ODMs or
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`OEMs). Based on these facts and the facts set forth in the paragraphs above, Intel infringes
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`the ’763 Patent under 35 U.S.C. § 271(f)(1) and (f)(2).
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`56.
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`As a result of Intel’s infringement of the ’763 Patent, PACT has been damaged.
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`PACT is entitled to recover for damages sustained as a result of Intel’s wrongful acts in an
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`amount subject to proof at trial but no less than a reasonable royalty.
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`57.
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`In addition, Intel’s infringing acts and practices have caused and are causing
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`immediate and irreparable harm to PACT.
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`58.
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`PACT is informed and believes, and thereon alleges, that the infringement of
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`the ’763 Patent by Intel has been and continues to be willful. As noted above, at least as of the
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`service of this Complaint, Intel has actual knowledge of its infringement of the ’763 Patent. Intel
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`has deliberately continued to infringe in a wanton, malicious, and egregious manner, with
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`reckless disregard for PACT’s patent rights. Thus, Intel’s infringing actions have been and
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`continue to be consciously wrongful, entitling PACT to increased damages under 35 U.S.C.
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`§ 284.
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`18
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`PACT - Ex. 2003.0008
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`Case 1:19-cv-00267-UNA Document 1 Filed 02/07/19 Page 19 of 101 PageID #: 19
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`59.
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`PACT is informed and believes, and thereon alleges, that this is an exceptional
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`case, which warrants an award of attorney’s fees to PACT pursuant to 35 U.S.C. § 285.
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`COUNT II – INFRINGEMENT OF U.S. PATENT NO. 8,301,872
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`60.
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`PACT incorporates each of the above paragraphs 1-35 as though fully set forth
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`herein.
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`61.
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`PACT is informed and believes, and thereon alleges, that Intel has infringed and
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`unless enjoined will continue to infringe one or more claims of the ’872 Patent, in violation of 35
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`U.S.C. § 271, by, among other things, making, using (including testing), offering to sell, and
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`selling within the United States, supplying or causing to be supplied in or from the United States,
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`and importing into the United States, without authority or license, Intel products with the
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`infringing features, including the Accused Core Instrumentalities and the Accused Xeon
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`Instrumentalities.
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`62.
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`For example, the Accused Core Instrumentalities and the Accused Xeon
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`Instrumentalities embody every limitation of at least claim 2 of the ’872 Patent, literally or under
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`the doctrine of equivalents, as set forth below. The further descriptions below, which are based
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`on publicly available information, are preliminary examples and are non-limiting.
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`“A microprocessor chip comprising: a plurality of processor cores”
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`63.
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`The Accused Core Instrumentalities and the Accused Xeon Instrumentalities
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`constitute a microprocessor chip comprising a plurality of processor cores, because they are
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`multi-core processors.
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`“a cache system including multiple levels, including at least (a) a first cache level that includes
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`at least one cache and (b) at least one superior cache level including a plurality of same level
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`cache nodes each including an internal cache memory; and”
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`19
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`PACT - Ex. 2003.0009
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