Itc Complaint 1

E.
LEHMAN
CHRISTINE
202.408.4270
&N@FINNEGAN.COM
November 6,2008
VIA-HAND DELIVERY
The Honorable Marilyn Abbott

Secretary Secretary
U.S. International Trade Commission lnt’l Trade Commission
500 E Street, S.W.
Washington, D.C. 20436
Re:
Memory Controllers and Products Containing Same, Including Graphics Cards u -
and Motherboards
--..
Dear Secretary Abbott: ,.
_ “ X
*-,-2
Enclosed for filing on behalf of complainant Rambus Inc. are the following docurnzk in
suppod of Complainant’s request that the Commission commence an investigation pursuant to
Section 337 of the Tariff Act of 1930, as amended. A request for confidential treatment of
Confidential Exhibits 46 and 47 is included with this filing.
Accordingly, Complainant submits the following documents for filing:
1. An original and twelve (12) copies of the verified Complaint and an

original and six (6) copies of the accompanying exhibits, with the
Confidential Exhibits segregated from the other material submitted
(original and one (1) copy unbound, without tabs) (Rules 201.6(c),
210.4(f)(3)(i), and 210.8(a)(l)(i));
2. Seventeen (1 7) additional copies of the Complaint and accompanying

Non-Confidential and Confidential Exhibits for service upon the proposed
respondents (Rules 210.4(f)(3)(i), 210.8(a)(l)(iii), and 210.1 1(a));
3. Certified copies of United States Letters Patent Nos. 7,177,998 (“the ’998
patent”), 7,2 10,016 (“the ’016 patent”), 6,470,405 (“the ’405 patent”),
6,591,353 (“the ’353 patent”), 7,287,109 (“the ’109 patent”), 7,2873 19
(“the ’ 119 patent”), 7,330,952 (“the ’952 patent”), 7,330,953 (“the ’953
patent”), and 7,360,050 (“the ’050 patent”) (collectively “the Asserted
Patents”), included respectively as Exhibits 1, 2, 6, 7, 8, 13, 14, 15, and 16
in the original Complaint, and copies thereof included respectively as
Exhibits 1, 2, 6, 7, 8, 13, 14, 15, and 16 in all copies of the Complaint
(Rule 210.12(a)(9)(9);
901 NEW Y O R K AVENUE, NW I WASHINGTON, DC 20001-4413

PHONE: 202.408.4000 I F A X : 2 0 2 . 4 0 8 . 4 4 0 0
November 6,2008
Page 2
4. Certified copies of the assignments involving the Asserted Patents

included as Exhibits 3, 9, and 17 in the original Complaint, and copies
thereof included as Exhibits 3,9, and 17 in all copies of the Complaint
(Rule 210.12(a)(9)(ii));
5. An identification of each license agreement for the Asserted Patents that

Complainant relies upon to support its domestic industry contentions,
included as Confidential Exhibit 46 (Rule 210.12(a)(9)(iv)) (certain
agreements have been withheld in accordance with notification provisions
in the agreements; Complainant will provide these agreements in a
supplement);
6. Certified copies and three (3) copies thereof of the prosecution histories of
the Asserted Patents are included as Appendices A2, A4, B3, B4, B7, C5,
C6, C7, and C8 (Rule 210.12(~)(1));
7. Four (4) copies of each reference document mentioned in the prosecution

histories of applications leading to the issuance of the Asserted Patents
included as Appendix D (Rule 2 10.12(~)(2)(one non-patent technical
reference could not be obtained and is not available from the United States
Patent and Trademark Office);
8. Two (2) additional copies of the Complaint and the accompanying non-
confidential exhibits for service upon the embassies in Washington, D.C.
of the countries of the foreign respondents (Rules 210.8(a)(l)(iv) and
210.1 I(a)(l)(ii)); and
9. A letter and certification pursuant to Commission Rules 201.6(b) and

2 10.5(d) requesting confidential treatment of Confidential Exhibits 46 and
47.
Thank you for your attention to this matter.
Christine E. Lehman
Enclosures
FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, LLP

DERSON, FARABOW, GARFiETT & D U K N E R , L i p
CHRISTINE
E. LEHMAN
202.408.4270
christine.iehman@finnegan.com
November 6,2008
VIA HAND DELIVERY

Secretary
U.S. International Trade Commission
500 E Street, S.W.
Washington, D.C. 20436
Re: Certain Semiconductor Chips Having Svnchronous Dynamic Random Access

Memory Controllers and Products Containing Same, Inclzidinr Graphics Cards
and Motherboards
Dear Secretary Abbott :
This firm represents Complainant Rambus Inc., who is concurrently filing a complaint
pursuant to Section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 0 1337.
In accordance with Commission Rules 201.6,210.5, 19 C.F.R. $0 201.6 and 210.5,

Complainant requests confidential treatment of the business information contained in
Confidential Exhibits 46-47.
The information for which confidential treatment is sought is proprietary commercial

information not otherwise publicly available. Specifically, these Exhibits contain proprietary
commercial information concerning Complainant’s licensing of the Asserted Patents and
investments in the domestic industry.
The information described above qualifies as confidential business information pursuant

to Rule 210.6(a) because:
1. it is not available to the public;
2. unauthorized disclosure of such information could cause substantial harm

to the competitive position of Complainant; and
3. the disclosure of which could impair the Commission’s ability to obtain

information necessary to perform its statutory function.
901 NEW Y O R K AVENUE, NW I WASHINGTON, DC 20001-4413

PHONE: 202.408.4000 I FAX: 202.408.4400
November 6,2008
Page 2
Please contact me if you have any questions about this request, or if this request is not
granted in full.
Thank you for your attention to this matter.
Respecthlly submitte
Christine E. Lehrnan
FINNEGAN, HENDERSON, FARABOW, GARRETT & D U N N E R , LLP

UNITED STATES INTERNATIONAL TRADE COMMISSION
WASHINGTON, D.C. 20436
1
In the Matter of 1
1
CERTAIN SEMICONDUCTOR CHIPS 1
HAVING SYNCHRONOUS DYNAMIC 1 Investigation
RANDOM ACCESS MEMORY 1 NO. 337-TA-
CONTROLLERS AND PRODUCTS 1
CONTAINING SAME, INCLUDING 1
GRAPHICS CARDS AND 1
MOTHERBOARDS 1
COMPLAINT UNDER SECTION 337 OF

THE TARIFF ACT O F 1930, AS AMENDED
COMPLAINANT: RESPONDENTS:
Rambus Inc. NVIDIA CORPORATION
4440 El Camino Real 2701 San Tomas Expressway
Los Altos, California 94022 Santa Clara, California 95050
Telephone: (650) 947-5000
ASUSTEK COMPUTER INC.
COUNSEL FOR COMPLAINANT: 15, Li Teh Road
J. Michael Jakes Taipei City 11259
Doris Johnson Hines Taiwan, ROC
Christine E. Lehman
Kathleen A. Daley ASUS COMPUTER INTERNATIONAL INC.
Naveen Modi 800 Corporate Way
FINNEGAN, HENDERSON, FARABOW, Fremont. California 94539
GARRETT & DUNNER, L.L.P.
901 New York Avenue, NW BFG TECHNOLOGIES, INC.
Washington, DC 2000 1-4413 28690 Ballard Drive
Telephone: (202) 408-4000 Lake Forest, Illinois 60045
Facsimile: (202) 408-4400
BIOSTAR MICROTECH (U.S.A.) CORP.
18551 East Gale Avenue
City of Industry, California 91748
(Continued ...)
BIOSTAR MICROTECH INTERNATIONAL
CORP.
2 Fl., 108-2, Ming Chum Road
Hsin Tien, Taiwan, ROC
DIABLOTEK INC.
1421 Pedley Drive
Alhambra, California 9 1803
EVGA CORP.
2900 Saturn Street, Suite B
Brea, California 92821
G.B.T. INC.
17358 Railroad St.
GIGA-BYTE TECHNOLOGY CO., LTD.

No. 6, Bau Chiang Road,
Hsin-Tien, Taipei 23 1
Taiwan, ROC
HEWLETT-PACKARDCO.
3000 Hanover Street
Palo Alto, California 94304
MSI COMPUTER CORP.

901 Canada Court
MICRO-STAR INTERNATIONALCO.,
LTD.
No. 69, Li-De St.
Jung-He City, Taipei Hsien
Taiwan, ROC
PALIT MULTIMEDIA INC.

1920 O’Toole Way
San Jose, California 9 x 3 1
PALIT MICROSYSTEMS LTD.

21F, 88, Sec. 2, Chung Hsiao E. Rd.,
Taipei, Taiwan, ROC
(Continued ...)
PINE TECHNOLOGY HOLDINGS, LTD.
Units 5507-10 Hopewell Centre
183 Queen’s Road East
Hong Kong
SPARKLE COMPUTER CO., LTD.

13F, No. 2,Sec 1 Fu Hsing S.Rd.
Taipei, Taiwan, ROC
TABLE OF CONTENTS
I. INTRODUCTION .............................................................................................................. 1
I1. BACKGROUND OF THE TECHNOLOGY ..................................................................... 4
I11. COMPLAINANT RAMBUS ............................................................................................. 6
IV . PROPOSED RESPONDENTS AND PROOF OF IMPORTATION................................. 8
A. NVIDIA .................................................................................................................. 8
1. NVIDIA’s Accused Products...................................................................... 8

2. Proof of Importation ................................................................................. 11
B. RESPONDENTS INCORPORATING NVIDIA’S ACCUSED
PRODUCTS.......................................................................................................... 12
1. Asustek Computer Inc. and Asus Computer International Inc................. 12

a) Asus’s Accused Products .............................................................. 13
b) Proof of Importation ..................................................................... 15
2. BFG Technologies Inc.............................................................................. 16
a) BFG’s Accused Products .............................................................. 16
3. Biostar Microtech (U.S.A.) Corp. and Biostar Microtech
International Corp..................................................................................... 18
a) Biostar’s Accused Products .......................................................... 19
4. Diablotek Inc............................................................................................. 23
a) Diablotek’s Accused Products ...................................................... 23
5. EVGA Corp.............................................................................................. 25
a) EVGA’s Accused Products ........................................................... 26
6. G.B.T. Inc. and Giga-Byte Technology Co., Ltd ...................................... 29
a) Gigabyte’s Accused Products ....................................................... 29
7. Hewlett-Packard Company ....................................................................... 33
a) HP’s Accused Products ................................................................. 34
8. MSI Computer Corp. and Micro-Star International Co., Ltd ................... 37
a) MSI’s Accused Products ............................................................... 37
9. Palit Multimedia Inc. and Palit Microsystems Ltd ................................... 41
a) Palit’s Accused Products ............................................................... 41
10. Pine Technology Holdings Ltd ................................................................. 44
a) Pine’s Accused Products ............................................................... 45
11. Sparkle Computer Co., Ltd ....................................................................... 48
a) Sparkle’s Accused Products .......................................................... 48
V. THE ASSERTED PATENTS ........................................................................................... 51
A. THE WARE PATENTS ....................................................................................... 51
1. Non-Technical Description of the Ware Patents ...................................... 51

2. U.S. PATENT NO . 7.177. 998 .................................................................. 52
a) Identification and Ownership of the ’998 Patent .......................... 52
b) Unfair Acts by the Proposed Respondents With Respect to
the ’998 Patent .............................................................................. 53
3. U.S. PATENT NO . 7.210. 016 .................................................................. 66
the ’016 Patent .............................................................................. 67
4. Foreign Counterparts of the Ware Patents ................................................ 80
5. Licenses to the Ware Patents .................................................................... 80
B. THE BARTH I PATENTS ................................................................................... 81
1. Non-Technical Description of the Barth I Patents .................................... 81

2. U.S. Patent No . 6.470. 405 ......................................................................... 81
the ’405 Patent .............................................................................. 82
..
11
3. U.S. Patent No . 6.591. 353......................................................................... 98
a) Identification and Ownership of the '353 Patent .......................... 98
the '353 Patent .............................................................................. 99
4. U.S. Patent No . 7,287, 109....................................................................... 114
a) Identification and Ownership of the ' 109 Patent ........................ 114
the ' 109 Patent ............................................................................ 115
5. Foreign Counterparts of the Barth I Patents ........................................... 130
6. Licenses to the Barth I Patents ................................................................ 131
C. THE BARTH I1 PATENTS ................................................................................ 131
1. Non-Technical Description of the Barth I1 Patents ................................. 132

2. U.S. Patent No . 7.287. 119....................................................................... 132
a) .
Identification and Ownership of the 119 Patent ........................ 132
.
the 119 Patent ............................................................................ 133
3. U.S. PATENT NO . 7.330. 952 ................................................................ 149
a) Identification and Ownership of the '952 Patent ........................ 149
the '952 Patent ............................................................................ 150
4. U.S . PATENT NO . 7.330. 953 ................................................................ 165
the '953 Patent ............................................................................ 166
5. U.S. PATENT NO . 7.360. 050 ................................................................ 181
the '050 Patent ............................................................................ 183
6. Foreign Counterparts to the Barth I1 Patents .......................................... 198
7. Licenses to the Barth I1 Patents .............................................................. 198
VI . HARMONIZED TARIFF SCHEDULE INFORMATION............................................ 198
VI1. DOMESTIC INDUSTRY ............................................................................................... 198
VI11. RELATED PROCEEDINGS .......................................................................................... 199
...
111
A. Related Litigations .............................................................................................. 199
B. Related Oppositions ............................................................................................ 200
IX. GENERAL EXCLUSION ORDER ................................................................................ 201
X. RELIEF ........................................................................................................................... 201
iv
TABLE OF EXHIBITS
Exhibit Description
1 Certified Copy of U.S. Patent No. 7,177,998
3 Certified Copy of Assignment for U.S. Patent Nos. 7,177,998 and 7,210,016
4 Claim Charts: Infringement of U.S. Patent No. 7,177,998 by Respondents’
Accused DDR3 Products
5 Claim Charts: Infringement of U.S. Patent No. 7,210,016 by Respondents’
Accused DDR3 Products
Certified Copy of U.S. Patent No. 6,470,405
Certified Copy of Assignment for U.S. Patent Nos. 6,470,405; 6,591,353; and
7,287,109
10A-C Claim Charts: Infringement of U.S. Patent No. 6,470,405 by Respondents’
Accused DDR3, GDDR3, and DDR2 Products
Accused DDR3,GDDR3, and DDR2 Products
Accused DDR3, GDDR3, and DDR2 Products
17 Certified Copy of Assignment for U.S. Patent Nos. 7,287,119; 7,330,952;
7,330,953; and 7,360,050
18A-B Claim Charts: Infringement of U.S. Patent No. 7,287,119 by Respondents’
Accused DDR3 and DDR2 Products
V
TABLE OF EXHIBITS
Exhibit Description
22A-E Documents on NVIDIA Products
23A-D Documents Showing Proof of Importation by NVIDIA
24A-B Documents on Asus Products
25A-B Documents Showing Proof of Importation by Asus
26A-B Documents on BFG Products
27A-B Documents on Biostar Products
28A-B Documents Showing Proof of Importation by Biostar
29 Documents on Diablotek’s Products
30A-B Documents Showing Proof of Importation by Diablotek
3 SA-B Documents on EVGA’s Products
32A-B Documents Showing Proof of Importation by EVGA
33A-B Documents on Gigabyte’s Products
34A-B Documents Showing Proof of Importation by Gigabyte
35 Documents on HP’s Products
36A-C Documents Showing Proof of Importation by HP
37A-D Documents on MSI’s Products
38A-B Documents Showing Proof of Importation by MSI
39A-B Documents on Palit’s Products
40A-B Documents Showing Proof of Importation by Palit
4 S A-E Documents on Pine’s Products
42 Documents Showing Proof of Importation by Pine
43 Documents on Sparkle’s Products
44A-B Documents Showing Proof of Importation by Sparkle
45A-F JEDEC Standards for SDRAM, DDR, DDR2, DDR3, GDDR2, and GDDR3
46 CONFIDENTIAL - Identification of Licensees
47 CONFIDENTIAL - Identification of Rambus’s Domestic Industry
vi
TABLE OF APPENDICES
Appendix Description
A1 Prosecution History of U.S. Patent No. 6,675,272
A2 Certified Copy of Prosecution History of U.S. Patent No. 7,177,998
A4 Certified Copy of Prosecution History of U.S. Patent No. 7,210,016
B1 Prosecution History of U.S. Patent No. 5,748,914
B3 Certified Copy of Prosecution History of U.S. Patent No. 6,470,405
c1 Prosecution History of U.S. Provisional Application No. 60/061,770
c2 Prosecution History of U.S. Patent No. 6,401,167
c5 Certified Copy of Prosecution History of U.S. Patent No. 7,287,119
C6 Certified Copy of Prosecution History of U.S. Patent No. 7,330,952
c7 Certified Copy of Prosecution History of U.S. Patent No. 7,330,953
C8 Certified Copy of Prosecution History of U.S. Patent No. 7,360,050
D Copies of References from Prosecution Histories of the Asserted Patents
vii
I. INTRODUCTION
1. Rambus Inc. (“Rambus” or “Complainant”) files this Complaint pursuant to
Section 337 of the Tariff Act of 1930, 19 U.S.C. 8 1337 (“Section 337”) based on the unlawful
importation into the United States, the sale for importation, and/or the sale within the United
States after importation of certain semiconductor chips having synchronous dynamic random
access memory controllers and products containing the same, including graphics cards and
motherboards (hereinafter collectively referred to as “Accused Products”).
2. Rambus is one of the world’s leading designers of semiconductor memory
interface technologies that are used in a broad range of consumer, computing, and
communications applications. In addition to the development of high-speed interfaces,
Rambus’s breakthrough technology and unparalleled engineering expertise have solved the most
challenging interface problems and have brought industry-leading products to market. Rambus’s
interface solutions have enabled state-of-the-art performance in many products, such as personal
computers, workstations, servers, gaming consoles, digital TVs, set-top boxes, printers, video
projectors, network switches, and routers.
3. Many of Rambus’s patented inventions are directed to synchronous memory
devices, controllers for controlling such memory devices, and systems that include such
controllers and memory devices.
4. Rambus has licensed its technologies to a wide variety of companies that have
incorporated them into their products. The Rambus patents asserted in this Complaint are
important to Rambus’s licensing efforts and are licensed to a number of companies in the
semiconductor industry.
5. Notwithstanding that Rambus’s patents cover revolutionary and fundamental
technology and that many companies are paying to use Rambus’s technology, some still seek to
1
take advantage of Rambus’s patented technology by unlawfully and without a license importing,
selling for importation, and/or selling after importation infringing memory controllers and/or
products containing such memory controllers. Through this Complaint, Rambus seeks an
investigation by the ITC to address certain of those unlawful activities.
6. The proposed Respondents to this Complaint are NVIDIA Corporation
(“NVIDIA”), Asustek Computer Inc. and Asus Computer International h c . (collectively
“Asus”), BFG Technologies, Inc (“BFG’), Biostar Microtech (U.S.A.) Corp. and Biostar
Microtech International Corp. (collectively “Biostar”), Diablotek Inc. (“Diablotek”), EVGA
Corp. (“EVGA”), G.B.T. Inc. and Giga-Byte Technology Co., Ltd. (collectively “Gigabyte”),
Hewlett-Packard Co. (“HI”’), MSI Computer Corp. and Micro-Star International Co., Ltd.
(collectively “MSI”), Palit Multimedia Inc. and Palit Microsystems Ltd. (collectively “Palit”),
Pine Technology Holdings, Ltd. (“Pine”), and Sparkle Computer Co., Ltd. (“Sparkle”), which
are collectively referred to as “Respondents.”
7. The Accused Products in this investigation are products that incorporate double
data rate (“DDR”) memory controllers, including low power DDR (“LPDDR,) memory
controllers; DDRx memory controllers, where DDRx includes at least double data rate two
(“DDR2”) memory controllers and double data rate three (“DDR3”) memory controllers;
graphics double data rate (“GDDR,) memory controllers; and GDDRy memory controllers,
where GDDRy includes at least graphics double data rate two (“GDDR2”) and graphics double
data rate three (“GDDR3”) memory controllers, including chips, cards, motherboards,
computers, and systems incorporating the same, imported, sold for importation, or sold in
products after importation by Respondents.
2
8. Among others, NVIDIA sells its products to the other Respondents, which then
incorporate those products into at least their graphics card, motherboard, and computer products.
Each of the other Respondents utilize at least one of the NVIDIA products.
9. The Accused Products include or incorporate one or more of at least the following
NVIDIA series of products: GeForce, Quadro, nForce, Tesla, and Tegra. Upon information and
belief, discovery will show that Respondents import, sell for importation, or sell after
importation other infringing products.
10. Rambus asserts infringement by Respondents of claims of the following patents:
U.S. Patent No. 7,177,998 (“the ’998 patent”), U.S. Patent No. 7,210,016 (“the ’016 patent”),
U.S. Patent No. 6,470,405 (“the ’405 patent”), U.S. Patent No. 6,591,353 (“the ’353 patent”),
U S . Patent No. 7,287,109 (“the ’109 patent”), U.S. Patent No. 7,287,119 (the ’ 119 patent”), U.S.
Patent No. 7,330,952 (“the ’952 patent”), U.S. Patent No. 7,330,953 (“the ’953 patent”), and
U.S. Patent No. 7,360,050 (“the ,050 patent”) (collectively referred to as “the Asserted Patents”).
11. The Accused Products infringe at least: claims 7, 13, 21, and 22 of the ’998
patent, claims 7, 13, 21, and 22 of the ’016 patent, claims 11-13, 15, and 18 of the ’405 patent,
claims 11-13 of the ’353 patent, claims 1-6, 11-13, 20-22, and 24 of the ’109 patent, claims 21
and 22 of the ’ 119 patent, claims 21, 22 and 24 of the ’952 patent, claim 25 of the ’953 patent,
and claims 29 and 3 1 of the ’050 patent.
12. Rambus is the owner of the Asserted Patents and seeks as permanent relief a
general exclusion order order excluding from entry into the United States all semiconductor
chips that include memory controllers that are imported into the United States, sold for
importation, and/or sold within the United States after importation which infringe one or more of
the claims of the Asserted Patents, and all products containing NVIDIA’s infringing
3
semiconductor chips. Rambus also seeks a cease and desist order pursuant to Section 337(f)
directing the Respondents to immediately discontinue the importation into the United States, sale
for importation into the United States, and sale in the United States after importation of the
accused infringing semiconductor chips and products containing the same. Rambus also requests
that the cease and desist order direct Respondents to immediately cease the demonstration, sale,
use, and movement or shipment of United States inventory including the accused infringing
semiconductor chips and products containing the same.
13. There is a pattern of violation of 19 U.S.C. 9 1337 and it is difficult to identify all
importers of accused infringing products. Complainant has been able to identify a substantial
number of entities worldwide involved in manufacture, sale for importation, or sale after
importation of accused infringing products and has identified a number of entities about which it
has substantial evidence of importation of infringing products into the United States. On
information and belief, other entities are importing or are capable of importing infringing
products into the United States. Because the identity of numerous, unnamed infringers is
difficult if not impossible to determine, a general exclusion order is necessary to fully protect
Complainant.
11. BACKGROUND OF THE TECHNOLOGY
14. The Asserted Patents are generally directed to memory controllers and memory
devices, which are used, for example, in computing applications. The main memory of a
computer, which normally includes many memory devices, stores information that is actively
utilized by the central processing unit (CPU or processor). Information in longer-term storage
devices, such as the hard drive, is retrieved into main memory and is then accessed by the CPU.
The information can be retrieved using a memory controller. The controller interfaces with the
4
main memory and the longer-term storage devices so that the appropriate data can be processed
by the CPU.
15. The main memory is typically made up of “random access memory” (RAM), that
is, memory in which any memory location can be accessed as readily as any other. One type of
RAM, dynamic random access memory (DRAM), is the prevalent type of memory found in
personal computers, servers, and in other products such as gaming consoles, graphic cards, cell
phones, and hand held devices. DRAMs store each bit of data in a separate capacitor. DRAMs
are “dynamic” because the capacitors leak charge and must be periodically refreshed to keep
them from losing data.
16. Prior to the 1 9 9 0 ’ ~DRAMs

~ operated asynchronously in that read and write
operations were not conducted with reference to a system clock. In April 1990, Professors
Michael Farmwald and Mark Horowitz, who formed Rambus, filed a patent application
describing, among other things, a new kind of memory-a synchronous memory with features
that enhance the performance of that memory-and a new kind of memory controller for
controlling the memory. A synchronous memory device, unlike asynchronous DRAMs, receives
an external clock signal. This external clock signal is a periodic signal from a source external to
the memory device to provide timing information. Synchronous memory devices input and
output data based on the clock signal. For example, such devices may input and output data
based on only one edge (e.g., rising edge) of the clock signal or both edges (i.e., rising and
falling edges) of the clock signal. Using both edges of the clock signal allows for data transfer at
twice the rate of the clock signal and is thus referred to as double data rate (DDR).
17. Synchronous memory devices come in several types, including SDRAMs
(synchronous DRAMs), DDR SDRAMs (double data rate synchronous DRAMs), DDR2
5
SDRAMs (double data rate two synchronous DRAMs), DDR3 SDRAMs (double data rate three
synchronous DRAMs), GDDR SDRAMs (graphics double data rate synchronous DRAMs),
GDDR2 SDRAMs (graphics double data rate two synchronous DRAMs), GDDR3 SDRAMs
(graphics double data rate three synchronous DRAMs), GDDR4 SDRAMs (graphics double data
rate four synchronous DRAMs), and GDDR5 SDRAMs (graphics double data rate five
synchronous DRAMs). Memory controllers for controlling each of these synchronous memory
devices have also been developed. Standards have been developed specifying the requirements
for and operation of these devices. For instance, a standard has been developed for SDRAM
memory devices and various companies offer memory devices and memory controllers that
comply with that standard. Similarly, standards have been developed for, for example, DDR,
DDR2, DDR3, GDDR2, and GDDR3 memory devices and various companies offer memory
devices and memory controllers that comply with those standards. (See Exhibits 45A-F.)
111. COMPLAINANT RAMBUS
18. Complainant Rambus is a Delaware corporation with its principal place of
business at 4440 El Camino Real, Los Altos, California.
19. Rambus is a technology leader in memory interface solutions that enable higher
performance and system bandwidth for a broad range of electronic, computing, and networking
applications for consumers and businesses. Rambus’s interface products and technology enable
state-of-the-art performance for users of many products, such as personal computers, video game
consoles, printers, digital TVs, set-top boxes, video projectors, network switches, and routers.
20, Rambus designs, develops, markets, and licenses its high speed interface
technology. Since Rambus was founded in 1990, it has pioneered new technology for greatly
improving the speed and efficiency of memory. Rambus’s inventions have included new
memory devices, new controllers for controlling such memory devices, and new systems
6
incorporating those memory devices and memory controllers. For instance, as discussed above,
in April 1990, Rambus filed a patent application describing, among other things, synchronous
memory devices.
21. Rambus has continued to develop other inventions, including those disclosed in
the Asserted Patents. For example, the '998 and '016 patents teach, among other things, a
memory controller that delays signals to or from a memory device based on at least the time
required for a timing signal to propagate to the memory device, resulting in increased efficiency.
The '405, '353, and '109 patents teach, among other things, using a strobe signal to improve data
rates and efficiency of a system. And the '1 19, '952, '953, and '050 patents teach, among other
things, delaying a command to reduce or eliminate the time during which the bus is not being
utilized, resulting in improved scheduling.
22. As explained in more detail below in Section VII, Rambus has made large-scale
investments in the exploitation of its technology and a large number of companies have paid for
licenses to the Asserted Patents. Rambus has granted licenses of varying scope to its technology
to many of the world's largest semiconductor manufacturers. To date, Rambus has granted
licenses of varying scope of the Asserted Patents to many companies, yielding significant
licensing fees and on-going royalties. (See Confidential Exhibits 46-47.)
23. Since 1990, Rambus has spent millions of dollars on research and development of
its valuable technology. Rambus relies on the United States patent system to protect the
technology resulting from its research and development. Rambus's continued success depends
on its research and development of memory interface solutions, as well as the protection of its
intellectual property for its highly reliable technology. As of November 4, 2008, on information
and belief, Rambus owns 582 issued U.S. patents, with an additional 304 U.S. patent applications
7
currently pending. By licensing various aspects of the intellectual property that is core to
Rambus’s technology, Rambus’s many present licensees, which make up an important part of the
semiconductor industry, have acknowledged Rambus’s leadership in the industry.
IV. PROPOSED RESPONDENTS AND PROOF OF IMPORTATION
A. NVIDIA
24. Upon information and belief, Respondent NVIDIA is a Delaware corporation
with its principal place of business at 2701 San Tomas Expressway, Santa Clara, California.
25. Upon information and belief, NVIDIA designs, imports, and sells graphics
processors, media communication processors, and multimedia applications processors. (See
Exhibits 22A-E.) These processors may be used in many products, such as servers, workstations,
desktop Computers, notebook computers, handheld devices, and consumer electronics.
26. NVIDIA does not have a license to utilize Rambus’s patented technology to
make, assemble, use, sell, offer to sell, or import infringing memory controllers, and is not
paying a royalty for its infringing manufacture, assembly, use, sale, offer for sale, or importation
of Rambus’s patented technology in its memory controllers and products containing the same.
1. NVIDIA’s Accused Products
27. NVIDIA’s Accused Products include products that include DDR memory
controllers, DDRx memory controllers (where DDRx includes at least DDR2 and DDR3),
GDDR memory controllers, and/or GDDRy memory controllers (where GDDRy includes at least
GDDR2 and GDDR3 memory controllers), including chips, cards, motherboards, computers, and
systems incorporating the same, imported, sold for importation, or sold in products after
importation by NVIDIA.
28. NVIDIA’s Accused Products include at least NVIDIA’s GeForce series (see
Exhibit 22A), including:
8
a. the GeForce 7 series, which includes DDR2 and/or GDDR3
memory controllers;
b. the GeForce 8 series, which includes DDR2, GDDR2,
and/or GDDR3 memory controllers;
C. the GeForce 9 series, which includes DDR2 and/or GDDR3
memory controllers;
d. the GeForce 200 series, which includes GDDR3 memory
controllers;
e. the GeForce 8M, which includes DDR2 and/or GDDR3
memory controllers;
f. the GeForce Go 6 series, which includes DDR, DDR2,
g. the GeForce Go 7 series, which includes DDR2, GDDR,
h. the GeForce 7 15OWnForce 630M and 7000M/nForce
6 10M, which include DDR2 memory controllers, and
1. the GeForce Go 6150/nForce Go 430 and Go 6100/nForce
Go 430, which include DDR, DDR2, and/or GDDR3 memory
controllers.
29. NVIDIA’s Accused Products also include at least NVIDIA’s Quadro series (see
Exhibit 22B), including:
a. the Quadro Plex VCS series, which includes GDDR3
memory controllers;
9
b. the Quadro FX series, which includes DDR2, GDDR2
c. the Quadro FX Mobile series, which includes GDDR3
memory controllers; and
d. the Quadro NVS series, which includes DDR and/or DDR2
memory controllers.
30. NVIDIA’s Accused Products further include at least NVIDIA’s nForce series (see
Exhibit 22C), including:
a. the nForce 780i SLI and 750i SLI, which include DDR2
memory controllers;
b. the nForce 790i SLI and 790i Ultra SLI, which include
DDR3 memory controllers;
C. the nForce 680i SLI, 680i LT SLI, 650i SLI, 650i Ultra,
and 630i, which include DDR2 memory controllers; and
d. the nForce 570 SLI and 590 SLI, which include DDR2
memory controllers.
31. NVIDIA’s Accused Products also include at least NVIDIA’s Tesla series,
including the C1060 and S1070, which include GDDR3 memory controllers. (See Exhibit 22D.)
32. NVIDIA’s Accused Products also include at least NVIDIA’s Tegra series, which
includes LPDDR memory controllers. (See Exhibit 22E.)
33. NVIDIA’s Accused Products also include any other products that include a DDR,
DDRx (where DDRx includes at least DDR2 and DDR3), GDDR, and/or GDDRy (where
GDDRy includes at least GDDR2 and GDDR3) memory controller.
10
34. Upon information and belief, the following are representative infringing products:
the nForce 790i Ultra SLI, which includes a DDR3 memory controller, the GeForce 8800 GT,
which includes a GDDR3 memory controller, and the GeForce 9800 GTX, which includes a
GDDR3 memory controller. (See Exhibits 22A, 22C.) These, along with other products
identified later in this Complaint, are hereinafter referred to as “Representative Accused
Products.”
2. Proof of Importation
35. On or around June 2, 2008, a Rambus representative purchased several imported
NVIDIA memory controller products from a retailer in the United States. On or around October
24, 2008, a Rambus representative purchased another imported NVIDIA memory controller
product in the United States. The purchase made on or around October 24, 2008 was made from
NVIDIA’s website (nvidia.com). Exhibit 23A is a series of copies of receipts for the purchases
of NVIDIA products made on or around June 2,2008 and October 24, 2008, including some of
the Representative Accused Products.
36. Exhibit 23B is a series of photographs of the NVIDIA nForce 790i Ultra SLI
motherboard purchased on or around June 2, 2008. Upon information and belief, these
photographs show an NVIDIA product that bears a country of origin marking of Taiwan and
includes a DDR3 memory controller. The motherboard is identified as being made in China.
DDR3 memory was added to the NVIDIA nForce 790i Ultra SLI motherboard.
37. Exhibit 23C is a series of photographs of the GeForce 9800 GTX card purchased
on or around June 2, 2008. Upon information and belief, these photographs show an NVIDIA
graphics processing unit (“GPU”) that bears a country of origin marking of Taiwan and includes
a GDDR3 memory controller. The card is identified as being made in China and includes
GDDR3 memory.
11
38. Exhibit 23D is a series of photographs of the NVIDIA GeForce 8800 GT
purchased on or around October 24,2008, Upon information and belief, these photographs show
an NVIDIA product that bears country of origin markings of Taiwan and includes a GDDR3
memory controller. The card is identified as being made in China and includes GDDR3
memory.
B. RESPONDENTS INCORPORATING NVIDIA’S ACCUSED PRODUCTS
39. Each of the following Respondents incorporates at least one of NVIDIA’s
Accused Products into its products. Those products are then imported, sold for importation, or
sold in products after importation by the Respondents.
1. Asustek Computer Inc. and Asus Computer International Inc.
40. Upon information and belief, Respondent Asustek Computer Inc. is a public
company limited by shares registered in Taiwan with its principal place of business at 15, Li Teh
Rd., Taipei City, Taiwan 11259. Upon information and belief, Respondent Asus Computer
International Inc. is a California corporation and a wholly-owned subsidiary of Asustek
Computer Inc. with its principal place of business at 800 Corporate Way, Fremont, California
94539. These Respondents are collectively referred to as “Asus.”
41. Upon information and belief, Asus designs, imports, and sells graphics cards and
motherboards incorporating NVIDIA products. (See Exhibits 24A-B.) These products may be
used in many other products, such as servers, workstations, and desktop computers.
42. Asus does not have a license to utilize Rambus’s patented technology to make,
assemble, use, sell, offer to sell, or import infringing memory controllers, and is not paying a
royalty for its infringing manufacture, assembly, use, sale, offer for sale, or importation of
Rambus’s patented technology in its memory controllers and products containing the same.
12
a) ASUS’SAccused Products
43. Asus’s Accused Products include products with DDRx memory controllers
(where DDRx includes at least DDR2 and DDR3) and/or GDDRy memory controllers (where
GDDRy includes at least GDDR3), imported, sold for importation, or sold in products after
importation by Asus.
44. Asus’s Accused Products include graphics cards with at least NVIDIA’s GeForce
series (see Exhibit 24A), including:
a. the GeForce 6200LE, which includes DDR2 memory controllers;
b. the GeForce 7100GS, which includes DDR2 memory controllers;
c. the GeForce 7900GS, which includes DDR3 memory controllers;
d. the GeForce 7950GT, which includes DDR3 memory controllers;
e. the GeForce 8400GS, which includes DDR2 memory controllers;
f. the GeForce 8500GT, which includes DDR3 memory controllers;
g. the GeForce 8600GT, which includes DDR3 memory controllers;
h. the GeForce 8800GS, which includes DDR3 memory controllers;
i. the GeForce 8800GT, which includes DDR3 memory controllers;
j. the GeForce 8800GTS, which includes DDR3 memory controllers;
k. the GeForce 8800GTX, which includes DDR3 memory controllers;
1. the GeForce 9500GT, which includes DDR2 memory controllers;
m. the GeForce 9600GS0, which includes DDR2 memory controllers;
n. the GeForce 9600GT, which includes DDR3 memory controllers;
0. the GeForce 9800GT, which includes at least DDR3 and/or GDDR3
memory controllers;
p. the GeForce 9800GTX, which includes DDR3 memory controllers;

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q. the GeForce 9800GTX+, which includes DDR3 memory controllers;
r. the GeForce 9800GX2, which includes DDR3 memory controllers; and
s. the GeForce GTX 280, which includes DDR3 memory controllers.
45. Asus’s Accused Products also include motherboards with at least NVIDIA’s
GeForce and/or nForce series (see Exhibit 24B), including:
a. the GeForce 6 100, which includes DDR2 memory controllers;
b. the GeForce 7050, which includes DDR2 memory controllers;
c. the GeForce 7 100, which includes DDR2 memory controllers;
d. the GeForce 8200, which includes DDR2 memory controllers;
e. the GeForce 8300, which includes DDR2 memory controllers;
f. the nForce 430, which includes DDR2 memory controllers;
g . the nForce 560 SLI, which includes DDR2 memory controllers;
h. the nForce 570 SLI, which includes DDR2 memory controllers;
i. the nForce 570 Ultra, which includes DDR2 memory controllers;
j. the nForce 590 SLI, which includes DDR2 memory controllers;
k. the nForce 610i, which includes DDR2 memory controllers;
1. the nForce 630i, which includes DDR2 memory controllers;
m. the nForce 650i SLI, which includes DDR2 memory controllers;
n. the nForce 680a SLI, which includes DDR2 memory controllers;
0. the nForce 730a, which includes DDR2 memory controllers;
p. the nForce 750a SLI, which includes DDR2 memory controllers;
q, the nForce 750i SLI, which includes DDR2 memory controllers;
r. the nForce 780a SLI, which includes DDR2 memory controllers;
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s. the nForce 780i SLI, which includes DDR2 memory controllers;
t. the nForce 790i SLI, which includes DDR3 memory controllers;
u. the nForce 790i Ultra SLI, which includes DDR3 memory controllers; and
v. the nForce Dual PCI-E x16, which includes DDR2 memory controllers.
46. Asus’s Accused Products also include any other products that incorporate
NVIDIA products comprising a DDR, DDRx (where DDRx includes at least DDR2 and DDR3),
GDDR, and/or GDDRy (where GDDRy includes at least GDDR2 and GDDR3) memory
controller.
47. Upon information and belief, the following is representative of Asus’s infringing
products: the Asus EN9800GT MT/HTDI/5 12M GeForce 9800GT graphics card, which includes
an NVIDIA GeForce 9800GT product with at least a GDDR3 memory controller. (See Exhibit
25B.) Upon information and belief, Asus also imports graphics cards and motherboards with at
least one of the following types of memory controllers: DDR, DDR2, DDR3, GDDR and/or
GDDR2.
b) Proof of Importation
48. On or around October 24, 2008, a Rambus representative purchased an imported
Asus product from an on-line retailer in the United States. Exhibit 25A contains a copy of a
receipt for the purchase of that product, an Asus EN9800GT MT/HTDI/512M GeForce 9800GT
graphics card, which is one of the Representative Accused Products. Exhibit 25A also shows
that the Asus EN9800GT MT/HTDI/512M GeForce 9800GT graphics card was shipped from a
location in the United States.
49. Exhibit 25B is a series of photographs of the Asus EN9800GT MT/HTDI/512M
GeForce 9800GT graphics card purchased on or about October 24,2008. Upon information and
belief, these photographs show an NVIDIA GPU that bears a country of origin marking of
15
Taiwan and includes a GDDR3 memory controller. The card is identified as being made in
China and includes GDDR3 memory.
2. BFG Technologies Inc.
50. Upon information and belief, Respondent BFG Technologies Inc. is an Illinois
corporation with its principal place of business at 28690 Ballard Dr., Lake Forest, IL 60045.
51. Upon information and belief, BFG designs, imports, and sells graphics cards and
used in many products, such as servers, workstations, and desktop computers.
52. BFG does not have a license to utilize Rarnbus’s patented technology to make,
a) BFG’s Accused Products
53. BFG’s Accused Products include products with DDR memory controllers, DDRx
memory controllers (where DDRx includes at least DDR2) and/or GDDRy memory controllers
(where GDDRy includes at least GDDR3 memory controllers), imported, sold for importation, or
sold in products after importation by BFG.
54. BFG’s Accused Products include graphics cards with at least NVIDIA’s GeForce
a. the GeForce 6200, which includes DDR memory controllers;
b. the GeForce 7300GS, which includes DDR2 memory controllers;
c. the GeForce 7300GT, which includes DDR2 memory controllers;
d. the GeForce 7600GS, which includes DDR2 memory controllers;
e. the GeForce 7600GT, which includes GDDR3 memory controllers;
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f. the GeForce 8500GT, which includes DDR2 memory controllers;
g. the GeForce 8600GT, which includes GDDR3 memory controllers;
h. the GeForce 8600GTS, which includes GDDR3 memory controllers;
i. the GeForce 8800 Ultra, which includes GDDR3 memory controllers;
j. the GeForce 8800GT, which includes GDDR3 memory controllers;
k. the GeForce 8800GTS, which includes GDDR3 memory controllers;
1. the GeForce 8800GTX, which includes GDDR3 memory controllers;
m. the GeForce 9400GT, which includes DDR2 memory controllers;
0. the GeForce 9600GS0, which includes GDDR3 memory controllers;
p. the GeForce 9600GT, which includes GDDR3 memory controllers;
q. the GeForce 9800GT, which includes GDDR3 memory controllers;
r. the GeForce 9800GTX, which includes GDDR3 memory controllers;
s. the GeForce 9800GTX+, which includes GDDR3 memory controllers;
t. the GeForce 9800GX2, which includes GDDR3 memory controllers;
u. the GeForce GTX 260, which includes GDDR3 memory controllers; and
v. the GeForce GTX 280, which includes GDDR3 memory controllers.
55. BFG’s Accused Products also include motherboards with at least NVIDIA’s
nForce series (see Exhibit 26B), including:
a. the nForce 650i SLI, which includes DDR2 memory controllers;
b. the nForce 680i LT SLI, which includes DDR2 memory controllers; and
c. the nForce 680i SLI, which includes DDR2 memory controllers.
17
56. BFG’s Accused Products also include any other products that incorporate
controller.
57. Upon information and belief, the following is representative of BFG’s infringing
products: the BFG GeForce 9800 GTX, which includes an NVIDIA GeForce 9800GTX product
with at least a GDDR3 memory controller. (See Exhibit 23C.) Upon information and belief,
BFG also imports graphics cards and motherboards with at least one of the following types of
memory controllers: DDR, DDR2, DDR3, GDDR and/or GDDR2.
58. On or around June 2, 2008, a Rambus representative purchased an imported BFG
product from a retailer in the United States. Exhibit 23A contains a copy of a receipt for the
purchase of that product, a BFG GeForce 9800GTX graphics card, which is one of the
Representative Accused Products.
59. Exhibit 23C is a series of photographs of the BFG GeForce 9800GTX graphics
card purchased on or about June 2, 2008. Upon information and belief, these photographs show
an NVIDIA product that bears a country of origin marking of Taiwan and includes a GDDR3
memory.
3. Biostar Microtech (U.S.A.) Corp. and Biostar Microtech International

Corp.
60. Upon information and belief, Respondent Biostar Microtech (U.S.A.) Corp. is a
California corporation with its principal place of business at 18551 E. Gale Ave., City of
Industry, CA 9 1748. Upon information and belief, Respondent Biostar Microtech International
18
Corp. is a Taiwanese corporation with its principal place of business at 2 Fl., 108-2, Ming Chuan
Road, Hsin Tien, Taiwan ROC. These Respondents are collectively referred to as “Biostar.”
61. Upon information and belief, Biostar designs, imports, and sells graphics cards
and motherboards incorporating NVIDIA products. (See Exhibits 27A-B.) These products may
be used in many products, such as servers, workstations, and desktop computers.
62. Biostar does not have a license to utilize Rambus’s patented technology to make,
a) Biostar’s Accused Products
63. Biostar’s Accused Products include products with DDR memory controllers,
DDRx memory controllers (where DDRx includes at least DDR2 and DDR3), and/or GDDRy
memory controllers (where GDDRy includes at least GDDR3), imported, sold for importation, or
sold in products after importation by Biostar.
64. Biostar’s Accused Products include graphics cards with at least NVIDIA’s
GeForce series (see Exhibit 27A), including:
a. the GeForce 6200LE, which includes DDR2 memory controllers;
b. the GeForce 6800XT, which includes DDR2 memory controllers;
c. the GeForce 7100GS, which includes DDR2 and/or DDR3 memory
controllers;
e. the GeForce 7300GS, which includes DDR2 memory controllers;
f. the GeForce 7300GT, which includes DDR2 and/or DDR3 memory
controllers;
19
g. the GeForce 7300LE, which includes DDR2 and/or DDR3 memory
controllers;
h. the GeForce 7600GS, which includes DDR2 and/or DDR3 memory
controllers;
i. the GeForce 7600GT, which includes DDR3 memory controllers;
j. the GeForce 8400GS, which includes DDR2 memory controllers;
k. the GeForce 8500GT, which includes DDR2 and/or DDR3 memory
controllers;
1. the GeForce 8600GT, which includes DDR2 and/or DDR3 memory
controllers;
m. the GeForce 8600GTS, which includes DDR3 memory controllers;
0. the GeForce 8800GTS, which includes DDR3 memory controllers;
q. the GeForce 9400GT, which includes DDR2 memory controllers;
r. the GeForce 9500GT, which includes DDR2, DDR3, and/or GDDR3
memory controllers;
s. the GeForce 9600GS0, which includes DDR3 memory controllers; and
t. the GeForce 9600GT, which includes DDR3 memory controllers.
65. Biostar’s Accused Products also include motherboards with at least NVIDIA’s
a. the GeForce 6100, which includes DDR and/or DDR2 memory
controllers;
20
c. the GeForce 7050, which includes DDR2 memory controllers;
d. the GeForce 7 100, which includes DDR2 memory controllers;
e. the GeForce 8 100, which includes DDR2 memory controllers;
f. the GeForce 8200, which includes DDR2 memory controllers;
g. the nForce 2 400, which includes DDR memory controllers;
h. the nForce 2 IGP, which includes DDR memory controllers;
i. the nForce 2 Ultra, which includes DDR memory controllers;
j. the nForce 2 Ultra 400, which includes DDR memory controllers;
k. the nForce 3 150 CK8, which includes DDR memory controllers;
1. the nForce 3 250, which includes DDR and/or DDR2 memory controllers;
m. the nForce 4, which includes DDR and/or DDR2 memory controllers;
n. the nForce 4 4X, which includes DDR memory controllers;
0. the nForce 4 CKS-04 SLI, which includes DDR2 memory controllers;
p. the nForce 4 Ultra, which includes DDR and/or DDR2 memory
controllers;
q. the nForce 405, which includes DDR and/or DDR2 memory controllers;
r. the nForce 410, which includes DDR and/or DDR2 memory controllers;
s. the nForce 430, which includes DDR2 memory controllers;
t. the nForce 500, which includes DDR and/or DDR2 memory controllers;
u. the nForce 500 Ultra, which includes DDR2 memory controllers;
v. the nForce 520, which includes DDR2 memory controllers;
w. the nForce 520D, which includes DDR2 memory controllers;
21
x. the nForce 520LE, which includes DDR2 memory controllers;
y. the nForce 550, which includes DDR2 memory controllers;
z. the nForce 560, which includes DDR2 memory controllers;
aa. the nForce 610i, which includes DDR2 memory controllers;
bb. the nForce 630a, which includes DDR2 memory controllers; and
cc. the nForce 630i, which includes DDR2 memory controllers.
66. Biostar’s Accused Products also include any other products that incorporate
controller.
67. Upon information and belief, the fallowing is representative of Biostar’s
infringing products: the Biostar V9503GT21 GeForce 9500GT, which includes an NVIDIA
GeForce 9500GT product with at least a GDDR3 memory controller. (See Exhibit 28B.) Upon
information and belief, Biostar also imports graphics cards and motherboards with at least one of
the following types of memory controllers: DDR, DDR2, DDR3, GDDR and/or GDDR2.
Biostar product from an on-line retailer in the United States. Exhibit 28A contains a copy of a
receipt for the purchase of that product, a Biostar V9503GT21 GeForce 9500GT graphics card,
which is one of the Representative Accused Products. Exhibit 28A also shows that the Biostar
V9503GT21 GeForce 9500GT graphics card was shipped from a location in the United States.
69. Exhibit 28B is a series of photographs of the Biostar V9503GT21 GeForce
9500GT graphics card purchased on or about October 24, 2008. Upon information and belief,
these photographs show an NVIDIA product that bears a country of origin marking of Taiwan
22
and includes a GDDR3 memory controller. The card is identified as being made in China and
includes GDDR3 memory.
4. Diablotek Inc.
70. Upon information and belief, Respondent Diablotek Inc. is a California
corporation with its principal place of business at 1421 Pedley Drive, Alhambra, CA 91803.
Upon information and belief, Diablotek has headquarters located in Taiwan. If Complainant
receives additional information about such a Taiwanese entity, Complainant reserves its right, as
appropriate, to add that entity as a Respondent in this investigation.
71. Upon information and belief, Diablotek designs, imports, and sells graphics cards
incorporating NVIDIA products. (See Exhibit 29.) These products may be used in many
products, such as servers, workstations, and desktop computers.
72. Diablotek does not have a license to utilize Rambus’s patented technology to
a) Diablotek’s Accused Products
73. Diablotek’s Accused Products include products with at least DDR memory
controllers and/or DDRx memory controllers (where DDRx includes at least DDR2 and DDR3),
imported, sold for importation, or sold in products after importation by Diablotek.
74. Diablotek’s Accused Products include graphics cards with at least NVIDIA’s
GeForce series (see Exhibit 29), each of which, on information and belief, includes a DDR,
DDRx (where DDRx includes at least DDR2 and DDR3), GDDR, and/or GDDRy (where
GDDRy includes at least GDDR2 and GDDR3) memory controller. Diablotek’s Accused
products include:
23
a. the GeForce FX5200;
b. the GeForce FX5500;
c. the GeForce 5600XT;
d. the GeForce 5700;
e. the GeForce 5700LE;
f. the GeForce 6200;
g. the GeForce 6500;
h. the GeForce 6600;
i. the GeForce 6600GT;
j. the GeForce 6600LE;
k. the GeForce 6600VE;
1. the GeForce 6800GS;
m. the GeForce 7100GS;
n. the GeForce 7200GS;
0. the GeForce 7300GT;
p. the GeForce 7300LE;
q. the GeForce 7600GS;
r. the GeForce 7600GT;
s. the GeForce 7900GS;
t. the GeForce 8400GS;
u. the GeForce 8500GT;
v. the GeForce 8600GT;
w. the GeForce 8800GT; and
24
x. the GeForce 9600GT.
75. Diablotek’s Accused Products also include any other products that incorporate
controller.
76. Upon information and belief, the following is representative of Diablotek’s
infringing products: the Diablotek GeForce 7300GT graphics card, which includes an NVIDIA
GeForce 7300GT product with at least a DDR2 memory controller. (See Exhibit 30B.) Upon
information and belief, Diablotek also imports graphics cards with at least one of the following
types of memory controllers: DDR, DDR3, GDDR, GDDR2, and/or GDDR3.
Diablotek product from an on-line retailer in the United States. Exhibit 30A contains a copy of a
receipt for the purchase of that product, a Diablotek GeForce 7300GT graphics card, which is
one of the Representative Accused Products. Exhibit 30A also shows that the Diablotek
GeForce 7300GT graphics card was shipped from a location in the United States.
78. Exhibit 30B is a series of photographs of the Diablotek GeForce 7300GT graphics
card purchased on or about October 24, 2008. Upon information and belief, these photographs
show an NVIDIA GPU that bears a country of origin marking of Taiwan and includes a DDR2
memory controller. The card is identified as being made in China and includes DDR2 memory.
5. EVGACorp.
79. Upon information and belief, Respondent EVGA Corp. is a California corporation
with its principal place of business at 2900 Saturn St., Suite B, Brea, CA 92821.
25
80. Upon information and belief, EVGA designs, imports, and sells graphics cards
and motherboards incorporating NVIDIA products. (See Exhibits 3 1A-B.) These products may
81. EVGA does not have a license to utilize Rambus’s patented technology to make,
a) EVGA’s Accused Products
82. EVGA’s Accused Products include products with DDR memory controllers,
DDRx memory controllers (where DDRx includes at least DDR2 and DDR3), andor GDDRy
memory controllers (where GDDRy includes at least GDDR3), imported, sold for importation, or
sold in products after importation by EVGA.
83. EVGA’s Accused Products include graphics cards with at least NVIDIA’s
GeForce series (see Exhibit 3 lA), including:
a. the GeForce FX5200, which includes DDR memory controllers;
b. the GeForce FX5500, which includes DDR memory controllers;
c. the GeForce 6200, which includes DDR and/or DDR2 memory
controllers;
d. the GeForce 6200LE, which includes DDR2 memory controllers;
e. the GeForce 6600, which includes DDR memory controllers;
f. the GeForce 6600LE, which includes DDR memory controllers;
g. the GeForce 7100GS, which includes DDR2 memory controllers;
i. the GeForce 7300GS, which includes DDR2 memory controllers;

26
j. the GeForce 7600GS, which includes DDR2 memory controllers;
k. the GeForce 7600GT, which includes DDR2 memory controllers;
1. the GeForce 8400GS, which includes DDR2 memory controllers;
m. the GeForce 8500GT, which includes DDR2 memory controllers;
n. the GeForce 8600GT, which includes DDR2 and/or DDR3 memory
controllers;
p. the GeForce 8800GT, which includes DDR3 memory controllers;
q. the GeForce 8800GTS, which includes DDR3 memory controllers;
r. the GeForce 9400GT, which includes DDR2 memory controllers;
s. the GeForce 9500GT, which includes DDR2 and/or DDR3 memory
controllers;
t. the GeForce 9600GS0, which includes DDR3 memory controllers;
u. the GeForce 9600GT, which includes DDR3 memory controllers;
v. the GeForce 9800GT, which includes DDR3 and/or GDDR3 memory
controllers;
w. the GeForce 9800GTX, which includes DDR3 memory controllers;
x. the GeForce 9800GX2, which includes DDR3 memory controllers;
y. the GeForce GTX 260, which includes DDR3 memory controllers; and
z. the GeForce GTX 280, which includes DDR3 memory controllers.
84. EVGA’s Accused Products also include motherboards with at least NVIDIA’s
GeForce and/or nForce series (see Exhibit 3 lB), including:
a. the GeForce 7050, which includes DDR2 memory controllers;
27
d. the nForce 610i, which includes DDR2 memory controllers;
e. the nForce 630i, which includes DDR2 memory controllers;
f. the nForce 680 SLI, which includes DDR2 memory controllers;
g. the nForce 680i LT SLI, which includes DDR2 memory controllers;
h. the nForce 730i, which includes DDR2 memory controllers;
i. the nForce 750i SLI, which includes DDR2 memory controllers;
j. the nForce 780i SLI, which includes DDR2 memory controllers;
k. the e o r c e 790i SLI, which includes DDR3 memory controllers; and
1. the nForce 790i Ultra SLI, which includes DDR3 memory controllers.
85. EVGA’s Accused Products also include any other products that incorporate
controller.
86. Upon information and belief, the following is representative of EVGA’s
infringing products: the EVGA e-GeForce 8600GTS graphics card, which includes an NVIDIA
GeForce 8600GTS product with at least a GDDR3 memory controller. (See Exhibit 32B.) Upon
information and belief, EVGA also imports graphics cards and motherboards with at least one of
the following types of memory controllers: DDR, DDR2, DDR3, GDDR, and/or GDDR2,
87. On or around November 2, 2008, Rambus’s counsel purchased an imported
EVGA product from an on-line retailer in the United States. Exhibit 32A contains a copy of a
receipt for the purchase of that product, an EVGA e-GeForce 8600GTS graphics card, which is
28
one of the Representative Accused Products. Exhibit 32A also shows that the EVGA e-GeForce
8600GTS graphics card was shipped from a location in the United States.
88. Exhibit 32B is a series of photographs of the EVGA e-GeForce 8600GTS
graphics card purchased on or about November 2, 2008. Upon information and belief, these
photographs show an NVIDIA product that bears a country of origin marking of Taiwan and
includes a GDDR3 memory controller. The card is identified as being made in China and
6. G.B.T. Inc. and Giga-Byte Technology Co., Ltd.
89. Upon information and belief, Respondent G.B.T. Inc. is a California corporation
with its principal place of business at 17358 Railroad St., City of Industry, CA 91748. Upon
information and belief, Respondent Giga-Byte Technology Co., Ltd. is a Taiwanese corporation
with a principal place of business at No. 6, Bau Chiang Road, Hsin-Tien, Taipei 231, Taiwan
ROC. These Respondents are collectively referred to as “Gigabyte.”
90. Upon information and belief, Gigabyte designs, imports, and sells graphics cards
and motherboards incorporating NVIDIA products. (See Exhibits 33A-B.) These products may
91. Gigabyte does not have a license to utilize Rambus’s patented technology to
a) Gigabyte’s Accused Products
92. Gigabyte’s Accused Products include products with DDR memory controllers,
DDRx memory controllers(where DDRx includes at least DDR2), and/or GDDRy memory
29
controllers (where GDDRy includes at least GDDR2 and GDDR3), imported, sold for
importation, or sold in products after importation by Gigabyte.
93. Gigabyte’s Accused Products include graphics cards with at least NVIDIA’s
GeForce series (see Exhibit 33A), including:
c. the GeForce 6200, which includes DDR and/or GDDR2 memory
controllers;
d. the GeForce 6500, which includes GDDR2 memory controllers;
e. the GeForce 7 lOOGS, which includes GDDR2 memory controllers;
f. the GeForce 7200GS, which includes GDDR2 memory controllers;
h. the GeForce 7300LE, which includes GDDR2 memory controllers;
i. the GeForce 7600GS, which includes GDDR2 memory controllers;
j. the GeForce 7600GT, which includes GDDR3 memory controllers;
k. the GeForce 7900GS, which includes GDDR3 memory controllers;
1. the GeForce 8400GS, which includes GDDR2 memory controllers;
m. the GeForce 8500GT, which includes GDDR2 and/or GDDR3 memory
controllers;
n. the GeForce 8600GT, which includes GDDR2 and/or GDDR3 memory
controllers;
0. the GeForce 8600GTS, which includes GDDR3 memory controllers;
p. the GeForce 8800GT, which includes GDDR3 memory controllers;
30
q. the GeForce 8800GTS, which includes GDDR3 memory controllers;
r. the GeForce 8800GTX, which includes GDDR3 memory controllers;
s. the GeForce 9400GT, which includes GDDR2 memory controllers;
t. the GeForce 9500GT, which includes GDDR2 and/or GDDR3 memory
controllers;
u. the GeForce 9600GT, which includes GDDR3 memory controllers;
v. the GeForce 9800GT, which includes GDDR3 memory controllers;
w. the GeForce 9800GTX, which includes GDDR3 memory controllers;
x. the GeForce 9800GTX+, which includes GDDR3 memory controllers;
y. the GeForce 9800GX2, which includes GDDR3 memory controllers;
z. the GeForce GTX 260, which includes GDDR3 memory controllers; and
aa. the GeForce GTX 280, which includes GDDR3 memory controllers.
94. Gigabyte’s Accused Products also include motherboards with at least NVIDIA’s
GeForce, Quadro and/or nForce series (see Exhibit 33B), including:
b, the GeForce 6150, which includes DDR and/or DDR2 memory
controllers;
c. the GeForce 7025, which includes DDR2 memory controllers;
g. the GeForce 8200, which includes DDR2 memory controllers;
h. the Quadro NVS 210S, which includes DDR2 memory controllers;
31
i. the nForce 3 250, which includes DDR memory controllers;
j. the nForce 3 Ultra, which includes DDR memory controllers;
k. the nForce 4 SLI, which includes DDR and/or DDR2 memory controllers;
1. the nForce 4 (4X), which includes DDR memory controllers;
m. the nForce 400, which includes DDR2 memory controllers;
n. the nForce 410, which includes DDR memory controllers;
0. the nF‘orce 430, which includes DDR and/or DDR2 memory controllers;
p. the fierce 550, which includes DDR2 memory controllers;
q. the nForce 570 SLI, which includes DDR2 memory controllers;
r. the nForce 590 SLI, which includes DDR2 memory controllers;
s. the nForce 650i SLI, which includes DDR2 memory controllers;
t. the nForce 680i SLI, which includes DDR2 memory controllers; and
u. the nForce 750a SLI, which includes DDR2 memory controllers.
95. Gigabyte’s Accused Products also include any other products that incorporate
controller.
96. Upon information and belief, the following is representative of Gigabyte’s
infringing products: the Gigabyte GV-N98TZL-512H GeForce 9800GT graphics card, which
includes an NVIDIA GeForce 9800GT product with at least a GDDR3 memory controller. (See
Exhibit 34B.) Upon inforrnation and belief, Gigabyte also imports graphics cards and
motherboards with at least one of the following types of memory controllers: DDR, DDR2,
DDR3, GDDR and/or GDDR2.
32
Gigabyte product from an on-line retailer in the United States. Exhibit 34A contains a copy of a
receipt for the purchase of that product, a Gigabyte GV-N98TZL-512H GeForce 9800GT
graphics card, which is one of the Representative Accused Products. Exhibit 34A shows that the
Gigabyte GV-N98TZL-512H GeForce 9800GT graphics card was shipped from a location in the
United States.
98. Exhibit 34B is a series of photographs of the Gigabyte GV-N98TZL-512H
GeForce 9800GT graphics card purchased on or about October 24, 2008. Upon information and
belief, these photographs show an NVIDIA product that bears a country of origin marking of
Taiwan and includes a GDDR3 memory controller. The card is identified as being made in
Taiwan and includes GDDR3 memory.
7. Hewlett-Packard Company
99. Upon information and belief, Respondent Hewlett-Packard Company is a
Delaware corporation with its principal place of business at 3000 Hanover St., Palo Alto, CA
94304.
100. Upon information and belief, HP designs, imports, and sells personal computers,
servers, and workstations incorporating NVIDIA products. (See Exhibit 35.).
101. HP does not have a license to utilize Rambus’s patented technology to make,
33
a) HP’s Accused Products
102. HP’s Accused Products include products with DDR memory controllers, DDRx
memory controllers (where DDRx includes at least DDR2 and DDR3), and/or GDDRy memory
importation, or sold in products after importation by HP.
103. HP’s Accused Products include personal computers, servers, and workstations
with at least NVIDIA’s GeForce and Quadro series (see Exhibit 35), each of which, on
information and belief, includes a DDR, DDRx (where DDRx includes at least DDR2 and
DDR3), GDDR, and/or GDDRy (where GDDRy includes at least GDDR2 and GDDR3) memory
controller. HP’s Accused products incorporate at least:
a. the GeForce 6150SE:
b. the GeForce 7100;
c. the GeForce 8200M G;
d. the GeForce 8400GS:
e. the GeForce 9200M GS;
f. the GeForce 9300;
g. the GeForce 9300GE;
h. the GeForce 9300M GS;
i. the GeForce 9500GS;
j. the GeForce 9600GS;
k. the GeForce 9600M GS;
1. the GeForce 9600M GT:
m. the GeForce 9800GT;
n. the Quadro FX 1600M;

34
0. the Quadro FX 2700M;
p. the Quadro FX 3600M;
q. the Quadro FX 370;
r. the Quadro FX 3700;
s. the Quadro FX 3700M;
t. the Quadro FX 560M;
u. the Quadro FX 5600;
v. the Quadro FX 570;
w. the Quadro FX 570M;
x. the Quadro FX 770M;
y. the Quadro FX 1700;
z. the Quadro FX 4600;
aa. the Quadro FX 570;
bb. the Quadro NVS 290; and
cc. the Quadro NVS 320M.
104. HP’s Accused Products also include HP computers incorporating at least
NVIDIA’s nForce series (see Exhibit 3 3 , including the nForce 430.
105. HP’s Accused Products also include any other products that incorporate NVIDIA
products comprising a DDR, DDRx (where DDRx includes at least DDR2 and DDR3), GDDR,
and/or GDDRy (where GDDRy includes at least GDDR2 and GDDR3) memory controller.
106. Upon information and belief, the following are representative of HP’s infringing
products: the HP Pavilion a6567c Desktop PC, which includes an NVIDIA GeForce 9300GE
product with at least a GDDR2 memory controller, and the HP Pavilion Elite m9350f Desktop
35
PC, which includes an NVIDIA GeForce 9800GT product with at least a GDDR3 memory
controller. (See Exhibits 36B-C.) Upon information and belief, HP also imports computers with
at least one of the following types of memory controllers: DDR, DDR2, DDR3, and/or GDDR.
HP product from a retailer in the United States. Exhibit 36A contains a copy of a receipt for the
purchase of that product, an HP Pavilion a6567c Desktop PC, which is one of the Representative
Accused Products.
108. On or around October 30, 2008, a Rambus representative purchased another
imported HP product from a retailer in the United States. Exhibit 36A also contains a copy of a
receipt for the purchase of that product, an HP Pavilion Elite m9350f Desktop PC.
109. Exhibit 36B is a series of photographs of the HP Pavilion a6567c Desktop PC
purchased on or about October 27, 2008. Upon information and belief, these photographs show
that the HP Pavilion a6567c Desktop PC incorporates an NVIDIA product, the GeForce
9300GE, that bears a country of origin marking of Taiwan and includes a GDDR2 memory
controller. The GeForce 9300GE includes GDDR2 memory.
110. Exhibit 36C is a series of photographs of the HP Pavilion Elite m9350f Desktop
PC purchased on or about October 30, 2008. Upon information and belief, these photographs
show that the HP Pavilion Elite m9350f Desktop PC incorporates an NVIDIA product, the
GeForce 9800GT, that bears a country of orgin marking of Taiwan and includes a GDDR3
memory.
36
8. MSI Computer Corp. and Micro-Star International Co., Ltd.
111. Upon information and belief, Respondent MSI Computer Corp. is a California
corporation with its principal place of business at 901 Canada Court, City of Industry, California
91748. Upon information and belief, Respondent Micro-Star International Co., Ltd. is a
Taiwanese corporation with its principal place of business at No. 69, Li-De St., Jung-He City,
Taipei Hsien, Taiwan ROC. These Respondents are collectively referred to as “MSI.”
112. Upon information and belief, MSI designs, imports, and sells graphics cards,
motherboards, barebones computers, and notebooks incorporating NVIDIA products. (See
Exhibits 37A-D.) These products may be used by themselves or in other products, such as
servers, workstations, and desktop computers.
113. MSI does not have a license to utilize Rambus’s patented technology to make,
a) IMSI’s Accused Products
114. MSI’s Accused Products incIude products with DDRx memory controllers (where
DDRx includes at least DDR2 and DDR3) and/or GDDRy memory controllers (where GDDRy
includes at least GDDR2 and GDDR3), imported, sold for importation, or sold in products after
importation by MSI.
115. MSI’s Accused Products include graphics cards with at least NVIDIA’s GeForce
a. the GeForce 8400GS, which includes GDDR2 memory controllers;
b. the GeForce 8500GT, which includes GDDR2 and/or GDDR3 memory
controllers;
37
c. the GeForce 8600GT, which includes DDR3 and/or GDDR3 memory
controllers;
d. the GeForce 8800GT, which includes GDDR3 memory controllers;
e. the GeForce 8800GTS, which includes DDR3 memory controllers;
f. the GeForce 9400GT, which includes GDDR2 memory controllers;
g. the GeForce 9500GT, which includes GDDR2 and/or GDDR3 memory
controllers;
h. the GeForce 9600GT, which includes GDDR3 memory controllers;
i. the GeForce 9800GT, which includes GDDR3 memory controllers;
j. the GeForce 9800GTX, which includes GDDR3 memory controllers;
k. the GeForce 9800GX2, which includes GDDR3 memory controllers;
1. the GeForce GTX 260, which includes GDDR3 memory controllers; and
m. the GeForce GTX 280, which includes GDDR3 memory controllers.
116. MSI’s Accused Products also include motherboards with at least NVIDIA’s
f. the nForce 430, which includes DDR2 memory controllers;
g. the nForce 570 LT SLI, which includes DDR2 memory controllers;
h. the nForce 610i SLI, which includes DDR2 memory controllers;
38
i. the nForce 630i SLI, which includes DDR2 memory controllers;
k. the nForce 750a SLI, which includes DDR2 memory controllers;
1. the nForce 750i SLI, which includes DDR2 memory controllers;
m. the nForce 780a SLI, which includes DDR2 memory controllers; and
n. the nForce 780i SLI, which includes DDR2 memory controllers.
117. MSI’s Accused Products also include barebones computers with at least
NVIDIA’s GeForce and/or nForce series (see Exhibit 37C), including:
c. the nForce 610i, which includes DDR2 memory controllers;
d. the C5 lPVG, which includes DDR2 memory controllers; and
e. the MCP51, which includes DDR2 memory controllers.
118. MSI’s Accused Products also include notebooks with at least NVIDIA’s GeForce
and/or nForce series (see Exhibit 37D), including:
a. the MCP77, which includes DDR2 memory controllers;
b. the MCP77 MH, which includes DDR2 memory controllers;
c. the MCP77 MV, which includes DDR2 memory controllers;
d. the GeForce MCP79, which includes DDR2 memory controllers;
e. the GeForce Go 6100, which includes DDR2 memory controllers;
f. the GeForce 8400M G, which, on information and belief, includes DDR2
g. the GeForce 8400M GS, which includes DDR2 memory controllers;
39
h. the GeForce 8600M GT, which, on information and belief, includes DDR2
i. the GeForce 9300M GS, which includes DDR2 memory controllers;
j. the GeForce 9600M GT, which includes DDR3 memory controllers; and
k. the nForce Go 430, which includes DDR2 memory controllers.
119. MSI’s Accused Products also include any other products that incorporate
controller.
120. Upon information and belief, the following is representative of MSI’s infringing
products: the MSI N9800GT 512M OC GeForce 9800GT graphics card, which includes an
NVIDIA GeForce 9800GT product with at least a GDDR3 memory controller. (See Exhibit
38B.) Upon information and belief, MSI also imports graphics cards and motherboards with at
least one of the following types of memory controllers: DDR, DDR2, DDR3, GDDR and/or
GDDR2.
MSI product from an on-line retailer in the United States. Exhibit 38A contains a copy of a
receipt for the purchase of that product, an MSI N9800GT 512M OC GeForce 9800GT graphics
card, which is one of the Representative Accused Products. Exhibit 38A also shows that the MSI
N9800GT 512M OC GeForce 9800GT graphics card was shipped from a location in the United
States.
122. Exhibit 38B is a series of photographs of the MSI N9800GT 512M OC GeForce
9800GT graphics card purchased on or about October 24, 2008. Upon information and belief,
40
these photographs show an NVIDIA product that bears a country of origin marking of Taiwan
and includes a GDDR3 memory controller. The card is identified as being made in China and
9. Palit Multimedia Inc. and Palit Microsystems Ltd.
123. Upon information and belief, Respondent Palit Multimedia Inc. is a corporation
with a principal place of business at 1920 O’Toole Way, San Jose, California 95131. Upon
information and belief, Respondent Palit Microsystems Ltd. is a Taiwanese corporation with its
principal place of business at 21F, 88, Sec. 2, Chung Hsiao E. Rd., Taipei, Taiwan. These
Respondents are collectively referred to as “Palit.”
124. Upon information and belief, Palit designs, imports, and sells graphics cards and
used in many products, such as servers, workstations, and desktop computers.
125. Palit does not have a license to utilize Rambus’s patented technology to make,
a) Palit’s Accused Products
126. Palit’s Accused Products include products with DDR memory controllers, DDRx
memory controllers (where DDRx includes at least DDR2 and DDR3), and/or GDDRy memory
importation, or sold in products after importation by Palit.
127. Palit’s Accused Products include graphics cards with at least NVIDIA’s GeForce
41
d. the GeForce 7300GT, which includes DDR2 and/or GDDR3 memory
controllers;
e. the GeForce 8400GS, which includes DDRZ memory controllers;
f. the GeForce 8500GT, which includes DDR2 and/or DDR3 memory
controllers;
g. the GeForce 8600GT, which includes DDR2 and/or DDR3 memory
controllers;
h. the GeForce 8600GTS, which includes DDR3 memory controllers;
i. the GeForce 8800GT, which includes GDDR3 memory controllers;
j. the GeForce SSOOGTS, which includes GDDR3 memory controllers;
k. the GeForce 9400GT, which includes DDR2 memory controllers;
1. the GeForce 9500GT, which includes DDR2 and/or GDDR3 memory
controllers;
m. the GeForce 9600GS0, which includes GDDR3 memory controllers;
n. the GeForce 9600GT, which includes GDDR2 and/or GDDR3 memory
controllers;
0. the GeForce 9800GT, which includes GDDR3 memory controllers;
p. the GeForce 9800GTX, which includes GDDR3 memory controllers;
q. the GeForce 9800GTX+, which includes GDDR3 memory controllers;
r. the GeForce 9800GX2, which includes GDDR3 memory controllers;
s. the GeForce GTX 260, which includes GDDR3 memory controllers; and
42
t. the GeForce GTX 280, which includes GDDR3 memory controllers.
128. Palit’s Accused Products also include motherboards with at least NVIDIA’s
a. the nForce 520, which includes DDR2 memory controllers;
b. the nForce 405, which includes DDR2 memory controllers;
c. the nForce 610i, which includes DDR2 memory controllers;
d. the nForce 630a, which includes DDR2 memory controllers;
e. the nForce 630i, which includes DDR2 memory controllers;
g. the GeForce 7025, which includes DDR2 memory controllers;
h. the GeForce 7050, which includes DDR2 memory controllers; and
i. the GeForce 7100, which includes DDR2 memory controllers.
129. Palit’s Accused Products also include any other products that incorporate
controller.
130. Upon information and belief, the following is representative of Palit’s infringing
products: the Palit GeForce 9800GTX+ graphics card, which includes an NVIDIA GeForce
9800GTX+ product with at least a GDDR3 memory controller. (See Exhibit 40B.) Upon
information and belief, Palit also imports graphics cards with at least one of the following types
of memory controllers: DDR, DDR2, DDR3, GDDR, and/or GDDR2.
131. On or around October 24, 2008, a Rarnbus representative purchased an imported
Palit product from an on-line retailer in the United States. Exhibit 40A contains a copy of a
43
receipt for the purchase of that product, a Palit GeForce 9800GTX+ graphics card, which is one
of the Representative Accused Products. Exhibit 40A also shows that the Palit GeForce
9800GTX+ graphics card was shipped form a location in the United States.
132. Exhibit 40B is a series of photographs of the Palit GeForce 9800GTX+ graphics
show an NVIDIA product that bears a country of origin marking of Taiwan and includes a
GDDR3 memory controller. The card is identified as being made in China and includes GDDR3
memory.
10. Pine Technology Holdings Ltd.
133. Upon information and belief, Respondent Pine Technology Holdings Ltd. is a
Hong Kong corporation with its principal place of business at Units 5507-10 Hopewell Centre,
183 Queen’s Road East, Hong Kong.
134. Upon information and belief, Pine designs, imports, and sells graphics cards and
motherboards incorporating NVIDIA products, and its products are sold under the brand name
“XFX.” (See Exhibits 41A-B .) Upon information and belief, Pine’s Samtack division also
imports and sells BFG-branded and XFX-branded graphics cards containing NVIDIA products,
and Biostar-branded motherboards containing NVIDIA products. (See Exhibits 4 1C-E.) These
products may be used in many products, such as servers, workstations, and desktop computers.
135. Pine does not have a license to utilize Rambus’s patented technology to make,
44
a) Pine’s Accused Products
136. Pine’s Accused Products include products with DDR memory controllers and/or
DDRx memory controllers (where DDRx includes at least DDR2 and DDR3), imported, sold for
importation, or sold in products after importation by Pine.
137. Pine’s Accused Products include graphics cards with at least NVIDIA’s GeForce
a. the GeForce FXS200, which includes DDR memory controllers;
e. the GeForce 7300GT, which includes DDR2 memory controllers;
f. the GeForce 7600GS, which includes DDR2 memory controllers;
j . the GeForce 8S00GT, which includes DDR2 memory controllers;
k. the GeForce 8600GT, which includes DDR2 and/or DDR3 memory
controllers ;
m. the GeForce 8800GS, which includes DDR3 memory controllers;
q. the GeForce 9400GT, which includes DDR2 memory controllers;

45
r. the GeForce 9500GT, which includes DDR2 and/or DDR3 memory
controllers;
s. the GeForce 9600GS0, which includes DDR2 and/or DDR3 memory
controllers;
t. the GeForce 9600GT, which includes DDR3 memory controllers;
u. the GeForce 98OOGT’ which includes DDR3 memory controllers;
v. the GeForce 9800GTX, which includes DDR3 memory controllers;
w. the GeForce 9800GTX+, which includes DDR3 memory controllers;
x. the GeForce 9800GX2, which includes DDR3 memory controllers;
y. the GeForce GTX 260, which includes DDR3 memory controllers; and
z. the GeForce GTX 280, which includes DDR3 memory controllers.
138. Pine’s Accused Products also include motherboards with at least NVIDIA’s
c. the nForce 590a SLI, which includes DDR2 memory controllers;
d. the nForce 610i, which includes DDR2 memory controllers;
e. the nForce 630i, which includes DDR2 and/or DDR3 memory controllers;
f. the nForce 650i Ultra, which includes DDR2 and/or DDR3 memory
controllers;
g. the nForce 680i SLI, which includes DDR2 memory controllers;
h. the nForce 680i LT SLI, which includes DDR2 memory controllers;
i. the nForce 750a SLI, which includes DDR2 memory controllers;
46
k. the nForce 780i SLI, which includes DDR2 memory controllers; and
1. the nForce 790i Ultra SLI, which includes DDR3 memory controllers.
139. Pine’s Accused Products also include any other products that incorporate
controller.
140. Upon information and belief, the following are representative of the infringing
products: the XFX GeForce 8600GT graphics card, which includes an NVIDIA GeForce
8600GT product with at least a DDR2 memory controller, and the XFX nForce 790i
motherboard, which includes an NVIDIA nForce 790i product with at least a DDR3 memory
controller. (See Exhibits 42 and 23B, respectively.)
141. On or around June 2, 2008, a Rambus representative purchased imported Pine
products from a retailer in the United States. Exhibit 23A contains a copy of a receipt for the
purchase of those products, an XFX GeForce 8600GT graphics card and an XFX nForce 790i
motherboard, both of which are among the Representative Accused Products.
142. Exhibit 42 is a series of photographs of the XFX GeForce 8600GT graphics card
purchased on or about June 2, 2008. Upon information and belief, these photographs show an
NVIDIA product that bears a country of origin marking of Taiwan and includes a DDR2
memory controller. The card is identified as being made in China and includes DDR2 memory.
143. Exhibit 23B is a series of photographs of the XFX nForce 790i motherboard
purchased on or about June 2, 2008. Upon information and belief, these photographs show an
NVIDIA product that bears a country of origin marking of Taiwan and includes a DDR3
47
memory controller. The motherboard is identified as being made in China and, on information
and belief, is sold to interface with DDR3 memory.
11. Sparkle Computer Co., Ltd.
144. Upon information and belief, Respondent Sparkle Computer Co., Ltd. is a
company registered in Taiwan with its principal place of business at 13F, 2, Fu Hsin S. Rd., Sec.
1, Taipei City, Taiwan ROC.
145. Upon information and belief, Sparkle designs, imports, and sells graphics cards
incorporating NVIDIA products. (See Exhibit 43.) These products may be used in many
products, such as servers, workstations, and desktop computers.
146. Sparkle does not have a license to utilize Rambus’s patented technology to make,
a) Sparkle’s Accused Products

147. Sparkle’s Accused Products include products with DDR memory controllers,
DDRx memory controllers (where DDRx includes at least DDR2), andlor GDDRy memory
controllers (where GDDRy includes at least GDDR3), imported, sold for importation, or sold in
products after importation by Sparkle.
148. Sparkle’s Accused Products include graphics cards with at least NVIDIA’s
GeForce series (see Exhibit 43), including:
a. the GeForce FX5200, which, on information and belief, includes DDR
memory controllers;
b. the GeForce FX5500, which, on information and belief, includes DDR
memory controllers;
48
c. the GeForce 6200, which includes DDR and/or DDR2 memory
controllers;
e. the GeForce 6600, which includes DDR and/or DDR2 memory
controllers;
f. the GeForce 6600GT, which includes DDR2 and/or GDDR3 memory
controllers;
g. the GeForce 6600LE, which includes DDR and/or DDR2 memory
controllers;
j. the GeForce 7300GT, which includes DDR2 memory controllers;
k. the GeForce 7300LE, which includes DDR2 memory controllers;
1. the GeForce 7600GS, which includes DDR2 memory controllers;
m. the GeForce 8400GS, which includes DDR2 memory controllers;
n. the GeForce 8500GT, which includes DDR2 and/or GDDR3 memory
controllers;
0. the GeForce 8600GT, which includes DDR2 and/or GDDR3 memory
controllers;
p. the GeForce 8600GTS, which includes GDDR3 memory controllers;
q. the GeForce 8800 Ultra, which includes GDDR3 memory controllers;
r. the GeForce 8800GT, which includes GDDR3 memory controllers;
s. the GeForce 8800GTS, which includes GDDR3 memory controllers;
49
t. the GeForce 8800GTX, which includes GDDR3 memory controllers;
u. the GeForce 9400GT, which includes DDR2 and/or GDDR3 memory
controllers;
v. the GeForce 9500GT, which includes DDR2 and/or GDDR3 memory
controllers;
w. the GeForce 9600GS0, which includes GDDR3 memory controllers;
x. the GeForce 9600GT, which includes DDR3 and/or GDDR3 memory
controllers;
y. the GeForce 9800GT, which includes GDDR3 memory controllers;
z. the GeForce 9800GTX, which includes GDDR3 memory controllers;
aa. the GeForce 9800GTX+, which includes GDDR3 memory controllers; and
bb. the GeForce 9800GX2, which includes GDDR3 memory controllers.
149. Sparkle’s Accused Products also include any other products that incorporate
NVIDLA products comprising a DDR, DDRx (where DDRx includes at least DDR2 and DDR3),
controller.
150. Upon information and belief, the following is representative of Sparkle’s
infringing products: the Sparkle GeForce 9600GT graphics card, which includes an NVIDIA
GeForce 9600GT product with at least a GDDR3 memory controller. (See Exhibit 44B.) Upon
information and belief, Sparkle also imports graphics cards with at least one of the following
types of memory controllers: DDR, DDR2, DDR3, GDDR, and/or GDDR2.
Sparkle product from an on-line retailer in the United States. Exhibit 44A contains a copy of a
50
receipt for the purchase of that product, a Sparkle GeForce 9600GT graphics card, which is one
of the Representative Accused Products. Exhibit 44A also shows that the product was shipped
from a location in the United States.
152. Exhibit 44B is a series of photographs of the Sparkle GeForce 9600GT graphics
show an NVIDIA product that bears a country of origin marking of Taiwan and includes a
GDDR3 memory controller. The card is identified as being made in China and includes GDDR3
memory.
V. THE ASSERTED PATENTS
153. The Asserted Patents are members of three families of Rambus patents and relate
generally to synchronous memory devices and controllers for controlling such devices. The
inventions disclosed in the Asserted Patents improve the speed and efficiency of semiconductor
memory operations. The inventions of the Asserted Patents find application in a wide range of
products, such as servers, workstations, desktop computers, notebook computers, handheld
devices, and consumer electronics.
A. THE WARE PATENTS
154. Two patents asserted in this investigation-the ’998 patent and the ’016 patent-
claim priority to Application No. 09/841,911, filed on April 24, 2001, and name Frederick A.
Ware, Ely K. Tsern, Richard E. Perego, and Craig E. Hampel as inventors (hereinafter referred to
as “the Ware patents”).
1. Non-Technical Description of the Ware Patents
155. The Ware patents are generally directed to information storage and retrieval,
including coordinating memory components. The Ware patents disclose that each memory
device connected to a bus may receive certain signals from the bus at a different time depending
51
on where it is located on the bus, resulting in varying propagation delays between devices. The
Ware patents teach adjusting signals on the bus to compensate for the propagation delays and
disclose that a memory controller may delay signals to or from a memory device based on at
least the time required for a timing signal to propagate between the controller and the memory
device, thereby compensating for the propagation delays in the system and making the system
more efficient. For example, according to the Ware patents, the controller may delay receiving
data from a memory device for an amount of time that is based on the time required for a timing
signal to propagate between the controller and the memory device. Similarly, the controller may
delay transmitting data to a memory device based on the time required for a timing signal to
propagate between the controller and the memory device.
2. U.S. PATENT NO. 7,177,998
a) Identification and Ownership of the ’998 Patent

156. On February 13, 2007, the USPTO duly, properly, and legally issued U.S. Patent
No. 7,177,998, entitled “Method, System and Memory Controller Utilizing Adjustable Read
Data Delay Settings,” to Rambus as the assignee of inventors Frederick A. Ware, Ely K. Tsern,
Richard E. Perego, and Craig E. Hampel. A certified copy of the ’998 patent is attached to this
Complaint as Exhibit 1
157. The ’998 patent issued from U.S. Patent Application No. 11/335,029, filed
January 18,2006, which is a continuation of
(a) Application No. 1~219,096,September 1, 2005, which

issued as U.S. Patent No. 7,225,292, which is a
continuation of
(b) Application No. 11/094,137, filed March 31, 2005, which

continuation of
52
(c) Application No. 10/732,533, filed December 11, 2003,
which issued as U.S. Patent No. 7,225,311, which is a
continuation of
(d) Application No. 09/841,911, filed April 24, 2001, which

issued as U.S. Patent No. 6,675,272.
A certified copy of the prosecution history for the '998 patent is included in Appendix A2.
Copies of the technical references identified in the prosecution history of the '998 patent are
included in Appendix D.
158. Copies of the prosecution histories for the related parent patents of the '998
patent, namely, U.S. Patent Nos. 6,675,272; 7,209,397; 7,225,292; and 7,225,311, are included in
Appendix Al, A3, A5, and A6, respectively.
159. Frederick A. Ware, Ely K. Tsern, Richard E. Perego, and Craig E. Hampel, the
inventors of the '998 patent, assigned all rights, title, and interest in the '998 patent to Rambus.
A certified copy of the assignment for the '998 patent is attached as Exhibit 3.
b) Unfair Acts by the Proposed Respondents

With Respect to the '998 Patent
(1) NVIDIA
160. Upon information and belief, at least the NVIDIA products that include a DDR3
memory controller directly or indirectly infringe at least the asserted claims 7, 13, 21, and 22 of
the '998 patent.
161. Upon information and belief, NVIDIA imports, sells for importation, offers for
sale and sells after importation, operates, and/or tests NVIDIA's Accused Products in the United
States, thereby directly infringing at least the asserted claims of the '998 patent.
162. Upon information and belief, the memory controllers in NVIDIA's Accused
Products are especially designed for use with a particular type of memory and are configured to
comply with a corresponding standard. The memory controllers in NVIDIA's Accused Products
53
are known by NVIDIA to be especially made or especially adapted for use in an infringement of
the '998 patent, and are not a staple article or commodity of commerce suitable for substantial
non-infringing use. Upon information and belief, NVIDIA has sold or offered to sell NVIDIA's
Accused Products to others whose use of those NVIDIA Accused Products has constituted an act
of direct infringement of at least the asserted claims of the '998 patent. NVIDIA has thereby
contributed to and continues to contribute to the infringement of at least the asserted claims of
the '998 patent.
163. Upon information and belief, NVIDIA knows about the '998 patent and has
induced and continues to induce acts that NVIDIA knows or should have known would induce
actual infringement of at least the asserted claims of the '998 patent. NVIDIA actively induces
infringement of the asserted claims of the '998 patent by designing its products to be capable of
infringement and by promoting and encouraging the use of its products in ways that infringe at
least the asserted claims of the '998 patent.
164. Charts applying claims 7, 13, and 21 of the '998 patent to the Representative
Accused Products that include DDR3 memory controllers, including one of NVIDIA' s
representative products, are attached as Exhibit 4.
(2) Asus
165. Upon information and belief, at least the Asus products that include a DDR3
the '998 patent.
166. Upon information and belief, Asus imports, sells for importation, offers for sale
and sells after importation, operates, andlor tests Asus's Accused Products in the United States,
thereby directly infringing at least the asserted claims of the '998 patent.
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167. Contemporaneous with the filing of this Complaint, Complainant put Asus on
notice of Rambus's infringement allegations with respect to the Asserted Patents.
168. Upon information and belief, the memory controllers in Asus's Accused Products
are especially designed for use with a particular type of memory and are configured to comply
with a corresponding standard. Upon notice of Rambus's infringement allegations with respect
to the Asserted Patents, the memory controllers in Asus's Accused Products are known by Asus
to be especially made or especially adapted for use in an infringement of the '998 patent, and are
not a staple article or commodity of commerce suitable for substantial non-infringing use. Upon
information and belief, Asus has sold or offered to sell Asus's Accused Products to others whose
use of those Asus Accused Products has constituted an act of direct infringement of at least the
asserted claims of the '998 patent. Asus has thereby contributed to and continues to contribute to
the infringement of at least the asserted claims of the '998 patent.
169. Upon notice of Rambus's infringement allegations with respect to the Asserted
Patents, Asus knows about the '998 patent and has induced and continues to induce acts that
Asus knows or should have known would induce actual infringement of at least the asserted
claims of the '998 patent. Asus actively induces infringement of the asserted claims of the '998
patent by designing its products to be capable of infringement and by promoting and encouraging
the use of its products in ways that infringe at least the asserted claims of the '998 patent.
Accused Products that include DDR3 memory controllers are attached as Exhibit 4.
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(3) Biostar
171. Upon information and belief, at least the Biostar products that include a DDR3
the ’998 patent.
172. Upon information and belief, Biostar imports, sells for importation, offers for sale
and sells after importation, operates, and/or tests Biostar’s Accused Products in the United
States, thereby directly infringing at least the asserted claims of the ’998 patent.
173. Contemporaneous with the filing of this Complaint, Complainant put Biostar on
notice of Rambus’s infringement allegations with respect to the Asserted Patents.
174. Upon information and belief, the memory controllers in Biostar’s Accused
comply with a corresponding standard. Upon notice of Rambus’s infringement allegations with
respect to the Asserted Patents, the memory controllers in Asus’s Accused Products are known
by Biostar to be especially made or especially adapted for use in an infringement of the ’998
patent, and are not a staple article or commodity of commerce suitable for substantial non-
infringing use. Upon information and belief, Biostar has sold or offered to sell Biostar’s
Accused Products to others whose use of those Biostar Accused Products has constituted an act
of direct infringement of at least the asserted claims of the ’998 patent. Biostar has thereby
the ’998 patent.
175. Upon notice of Rambus’s infringement allegations with respect to the Asserted
Patents, Biostar knows about the ’998 patent and has induced and continues to induce acts that
Biostar knows or should have known would induce actual infringement of at least the asserted
claims of the ’998 patent. Biostar actively induces infringement of the asserted claims of the
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'998 patent by designing its products to be capable of infringement and by promoting and
encouraging the use of its products in ways that infringe at least the asserted claims of the '998
patent.
(4) Diablotek
177. Upon information and belief, at least the Diablotek products that include a DDR3
the '998 patent.
178. Upon information and belief, Diablotek imports, sells for importation, offers for
sale and sells after importation, operates, and/or tests Diablotek's Accused Products in the
United States, thereby directly infringing at least the asserted claims of the '998 patent.
179. Contemporaneous with the filing of this Complaint, Complainant put Diablotek
on notice of Rambus's infringement allegations with respect to the Asserted Patents.
180. Upon information and belief, the memory controllers in Diablotek's Accused
comply with a corresponding standard. Upon notice of Rambus's infringement allegations with
respect to the Asserted Patents, the memory controllers in Diablotek's Accused Products are
known by Diablotek to be especially made or especially adapted for use in an infringement of the
'998 patent, and are not a staple article or commodity of commerce suitable for substantial non-
infringing use. Upon information and belief, Diablotek has sold or offered to sell Diablotek's
Accused Products to others whose use of those Diablotek Accused Products has constituted an
act of direct infringement of at least the asserted claims of the '998 patent. Diablotek has thereby
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the '998 patent.
Patents, Diablotek knows about the '998 patent and has induced and continues to induce acts that
Diablotek knows or should have known would induce actual infringement of at least the asserted
claims of the '998 patent. Diablotek actively induces infringement of the asserted claims of the
patent.
(5)EVGA
183. Upon information and belief, at least the EVGA products that include a DDR3
the '998 patent.
184. Upon information and belief, EVGA imports, sells for importation, offers for sale
and sells after importation, operates, and/or tests EVGA's Accused Products in the United States,
185. Contemporaneous with the filing of this Complaint, Complainant put EVGA on
186. Upon information and belief, the memory controllers in EVGA's Accused
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respect to the Asserted Patents, the memory controllers in EVGA's Accused Products are known
by EVGA to be especially made or especially adapted for use in an infringement of the '998
infringing use. Upon information and belief, EVGA has sold or offered to sell EVGA's Accused
Products to others whose use of those EVGA Accused Products has constituted an act of direct
infringement of at least the asserted claims of the '998 patent. EVGA has thereby contributed to
and continues to contribute to the infringement of at least the asserted claims of the '998 patent.
Patents, EVGA knows about the '998 patent and has induced and continues to induce acts that
EVGA knows or should have known would induce actual infringement of at least the asserted
claims of the '998 patent. EVGA actively induces infringement of the asserted claims of the
patent.
(6) HP
189. Upon information and belief, at least the HP products that include a DDR3
the '998 patent.
190. Upon information and belief, HP imports, sells for importation, offers for sale and
sells after importation, operates, and/or tests HP's Accused Products in the United States, thereby
directly infringing at least the asserted claims of the '998 patent.
59
191. Contemporaneous with the filing of this Complaint, Complainant put HP on
192. Upon information and belief, the memory controllers in HP’s Accused Products
with a corresponding standard. Upon notice of Rambus’s infringement allegations with respect
to the Asserted Patents, the memory controllers in HP’s Accused Products are known by HP to
be especially made or especially adapted for use in an infringement of the ’998 patent, and are
information and belief, HP has sold or offered to sell HP’s Accused Products to others whose use
of those HP Accused Products has constituted an act of direct infringement of at least the
asserted claims of the ’998 patent. HP has thereby contributed to and continues to contribute to
the infringement of at least the asserted claims of the ’998 patent.
193. Upon notice of Rambus’s infringement allegations with respect to the Asserted
Patents, HP knows about the ’998 patent and has induced and continues to induce acts that HP
knows or should have known would induce actual infringement of at least the asserted claims of
the ’998 patent. HP actively induces infringement of the asserted claims of the ’998 patent by
designing its products to be capable of infringement and by promoting and encouraging the use
of its products in ways that infringe at least the asserted claims of the ’998 patent.
194. Charts applying claims 7, 13, and 21 of the ’998 patent to the Representative
60
(7)MsI
195. Upon information and belief, at least the MSI products that include a DDR3
the '998 patent.
196. Upon information and belief, MSI imports, sells for importation, offers for sale
and sells after importation, operates, and/or tests MSI's Accused Products in the United States,
197. Contemporaneous with the filing of this Complaint, Complainant put MSI on
198. Upon information and belief, the memory controllers in MSI's Accused Products
to the Asserted Patents, the memory controllers in MSI's Accused Products are known by MSI to
be especially made or especially adapted for use in an infringement of the '998 patent, and are
information and belief, MSI has sold or offered to sell MSI's Accused Products to others whose
use of those MSI Accused Products has constituted an act of direct infringement of at least the
asserted claims of the '998 patent. MSI has thereby contributed to and continues to contribute to
Patents, MSI knows about the '998 patent and has induced and continues to induce acts that MSI
the '998 patent. MSI actively induces infringement of the asserted claims of the '998 patent by
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of its products in ways that infringe at least the asserted claims of the '998 patent.
(8) Palit
201. Upon information and belief, at least the Palit products that include a DDR3
the '998 patent.
202. Upon information and belief, Palit imports, sells for importation, offers for sale
and sells after importation, operates, and/or tests Palit's Accused Products in the United States,
203. Contemporaneous with the filing of this Complaint, Complainant put Palit on
204. Upon information and belief, the memory controllers in Palit's Accused Products
to the Asserted Patents, the memory controllers in Palit's Accused Products are known by Palit
information and belief, Palit has sold or offered to sell Palit's Accused Products to others whose
use of those Palit Accused Products has constituted an act of direct infringement of at least the
asserted claims of the '998 patent. Palit has thereby contributed to and continues to contribute to
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Patents, Palit knows about the '998 patent and has induced and continues to induce acts that Palit
the '998 patent. Palit actively induces infringement of the asserted claims of the '998 patent by
(9) Pine
207. Upon information and belief, at least the Pine products that include a DDR3
the '998 patent.
208. Upon information and belief, Pine imports, sells for importation, offers for sale
and sells after importation, operates, and/or tests Pine's Accused Products in the United States,
209. Contemporaneous with the filing of this Complaint, Complainant put Pine on
210. Upon information and belief, the memory controllers in Pine's Accused Products
to the Asserted Patents, the memory controllers in Pine's Accused Products are known by Pine to
63
information and belief, Pine has sold or offered to sell Pine's Accused Products to others whose
use of those Pine Accused Products has constituted an act of direct infringement of at least the
asserted claims of the '998 patent. Pine has thereby contributed to and continues to contribute to
Patents, Pine knows about the '998 patent and has induced and continues to induce acts that Pine
the '998 patent. Pine actively induces infringement of the asserted claims of the '998 patent by
Accused Products that include DDR3 memory controllers, including one of Pine's representative
products, are attached as Exhibit 4.
(10) Sparkle
213. Upon information and belief, at least the Sparkle products that include a DDR3
the '998 patent.
214. Upon information and belief, Sparkle imports, sells for importation, offers for sale
and sells after importation, operates, and/or tests Sparkle's Accused Products in the United
215. Contemporaneous with the filing of this Complaint, Complainant put Sparkle on
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216. Upon information and belief, the memory controllers in Sparkle's Accused
respect to the Asserted Patents, the memory controllers in Sparkle's Accused Products are known
by Sparkle to be especially made or especially adapted for use in an infringement of the '998
infringing use. Upon information and belief, Sparkle has sold or offered to sell Sparkle's
Accused Products to others whose use of those Sparkle Accused Products has constituted an act
of direct infringement of at least the asserted claims of the '998 patent. Sparkle has thereby
the '998 patent.
Patents, Sparkle knows about the '998 patent and has induced and continues to induce acts that
Sparkle knows or should have known would induce actual infringement of at least the asserted
claims of the '998 patent. Sparkle actively induces infringement of the asserted claims of the
patent.
(11) BFG and Gigabyte

219. To the extent that BFG and/or Gigabyte products incorporate DDR3 memory
controllers, those products infringe claims 7, 13, 21, and 22 of the '998 patent in the same
65
manner as the other Respondents. Should it be learned during discovery that BFG and/or
Gigabyte imports, sells for importation, offers for sale and sells after importation, operates,
and/or tests DDR3 products in the United States, Complainant reserves the right to assert
infringement of such products.
3. U.S. PATENT NO. 7,210,016

220. On April 24, 2007, the USPTO duly, properly, and legally issued U.S. Patent No.
7,210,016, entitled “Method, System and Memory Controller Utilizing Adjustable Write Data
Delay Settings,” to Rambus as the assignee of inventors Frederick A. Ware, Ely K. Tsern,
Richard E. Perego, and Craig E. Hampel. A certified copy of the ’016 patent is attached to this
Complaint as Exhibit 2.
221. The ’016 patent issued from U.S. Patent Application No. 11/281,184, filed
November 15,2005, which is a continuation of
(a) Application No. 11/219,096, September 1, 2005, which

continuation of
(b) Application No. 11/094,137, filed March 31, 2005, which

continuation of
(c) Application No. 10/732,533, filed December 11, 2003,

continuation of
(d) Application No. 09/841,911, filed April 24, 2001, which

A certified copy of the prosecution history for the ’016 patent is included in Appendix A4.
Copies of the technical references identified in the prosecution history of the ’016 patent are
66
patent, namely, U.S. Patent Nos. 6,675,272; 7,209,397; 7,225,292; and 7,225,311, were
previously identified and included as part of the materials supporting the '998 patent. (See
Appendix A l , A3, A5, and A6, respectively.)
223. Frederick A. Ware, Ely K. Tsern, Richard E. Perego, and Craig E. Hampel, the
inventors of the '016 patent, assigned all rights, title, and interest in the '016 patent to Rambus.
A certified copy of the assignment for the '016 patent is attached as Exhibit 3.

(1) NVIDIA
224. Upon information and belief, at least the NVIDIA products that include a DDR3
the '0 16 patent.
67
the '016 patent.
Accused Products that include DDR3 memory controllers, including one of NVIDIA's
representative products, are attached as Exhibit 5.
(2) Asus
229. Upon information and belief, at least the Asus products that include a DDR3
the '016 patent.
and sells after importation, operates, and/or tests Asus's Accused Products in the United States,
68
(3) Biostar
235. Upon information and belief, at least the Biostar products that include a DDR3
the '016 patent.
and sells after importation, operates, and/or tests Biostar's Accused Products in the United
69
238. Upon information and belief, the memory controllers in Biostar's Accused
respect to the Asserted Patents, the memory controllers in Biostar's Accused Products are known
by Biostar to be especially made or especially adapted for use in an infringement of the '016
infringing use. Upon information and belief, Biostar has sold or offered to sell Biostar's
Accused Products to others whose use of those Biostar Accused Products has constituted an act
of direct infringement of at least the asserted claims of the '016 patent. Biostar has thereby
the '016 patent.
Patents, Biostar knows about the '016 patent and has induced and continues to induce acts that
Biostar knows or should have known would induce actual infringement of at least the asserted
claims of the '016 patent. Biostar actively induces infringement of the asserted claims of the
patent.
Accused Products that include DDR3 memory controllers are attached as Exhibit 5 .
70
(4) Diablotek
241. Upon information and belief, at least the Diablotek products that include a DDR3
the '016 patent.
242. Upon information and belief, Diablotek imports, sells for importation, offers for
sale and sells after importation, operates, and/or tests Diablotek's Accused Products in the
United States, thereby directly infringing at least the asserted claims of the '016 patent.
243. Contemporaneous with the filing of this Complaint, Complainant put Diablotek
on notice of Rambus's infringement allegations with respect to the Asserted Patents.
244. Upon information and belief, the memory controllers in Diablotek's Accused
respect to the Asserted Patents, the memory controllers in Diablotek's Accused Products are
known by Diablotek to be especially made or especially adapted for use in an infringement of the
'016 patent, and are not a staple article or commodity of commerce suitable for substantial non-
infringing use. Upon information and belief, Diablotek has sold or offered to sell Diablotek's
Accused Products to others whose use of those Diablotek Accused Products has constituted an
act of direct infringement of at least the asserted claims of the '016 patent. Diablotek has thereby
the '016 patent.
245, Upon notice of Rambus's infringement allegations with respect to the Asserted
Patents, Diablotek knows about the '016 patent and has induced and continues to induce acts that
Diablotek knows or should have known would induce actual infringement of at least the asserted
claims of the '016 patent. Diablotek actively induces infringement of the asserted claims of the
71
’016 patent by designing its products to be capable of infringement and by promoting and
encouraging the use of its products in ways that infringe at least the asserted claims of the ’016
patent.
246. Charts applying claims 7, 13, and 21 of the ’016 patent to the Representative
(5)EVGA
247. Upon information and belief, at least the EVGA products that include a DDR3
the ’016 patent.
248. Upon information and belief, EVGA imports, sells for importation, offers for sale
and sells after importation, operates, and/or tests EVGA’s Accused Products in the United States,
thereby directly infringing at least the asserted claims of the ’016 patent.
249. Contemporaneous with the filing of this Complaint, Complainant put EVGA on
250. Upon information and belief, the memory controllers in EVGA’s Accused
comply with a corresponding standard. Upon notice of Rambus’s infringement allegations with
respect to the Asserted Patents, the memory controllers in EVGA’s Accused Products are known
by EVGA to be especially made or especially adapted for use in an infringement of the ’016
infringing use. Upon information and belief, EVGA has sold or offered to sell EVGA’s Accused
Products to others whose use of those EVGA Accused Products has constituted an act of direct
72
infringement of at least the asserted claims of the '016 patent. EVGA has thereby contributed to
and continues to contribute to the infringement of at least the asserted claims of the '016 patent.
Patents, EVGA knows about the '016 patent and has induced and continues to induce acts that
EVGA knows or should have known would induce actual infringement of at least the asserted
claims of the '016 patent. EVGA actively induces infringement of the asserted claims of the
patent.
(6) €fP
253. Upon information and belief, at least the HP products that include a DDR3
the '016 patent.
254. Upon information and belief, HP imports, sells for importation, offers for sale and
sells after importation, operates, and/or tests HP's Accused Products in the United States, thereby
directly infringing at least the asserted claims of the '016 patent.
255. Contemporaneous with the filing of this Complaint, Complainant put HP on
256. Upon information and belief, the memory controllers in HP's Accused Products
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to the Asserted Patents, the memory controllers in HP's Accused Products are known by HP to
information and belief, HP has sold or offered to sell HP's Accused Products to others whose use
of those HP Accused Products has constituted an act of direct infringement of at least the
asserted claims of the '016 patent. HP has thereby contributed to and continues to contribute to
Patents, HP knows about the '016 patent and has induced and continues to induce acts that HP
the '016 patent. HP actively induces infringement of the asserted claims of the '016 patent by
(7)MSI
259. Upon information and belief, at least the MSI products that include a DDR3
the '016 patent.
260. Upon information and belief, MSI imports, sells for importation, offers for sale
and sells after importation, operates, and/or tests MSI's Accused Products in the United States,
74
261. Contemporaneous with the filing of this Complaint, Complainant put MSI on
262. Upon information and belief, the memory controllers in MSI's Accused Products
to the Asserted Patents, the memory controllers in MSI's Accused Products are known by MSI to
information and belief, MSI has sold or offered to sell MSI's Accused Products to others whose
use of those MSI Accused Products has constituted an act of direct infringement of at least the
asserted claims of the '016 patent. MSI has thereby contributed to and continues to contribute to
Patents, MSI knows about the '016 patent and has induced and continues to induce acts that MSI
the '016 patent. MSI actively induces infringement of the asserted claims of the '016 patent by
75
(8) Palit
265. Upon information and belief, at least the Palit products that include a DDR3
the '016 patent.
266. Upon information and belief, Palit imports, sells for importation, offers for sale
and sells after importation, operates, and/or tests Palit's Accused Products in the United States,
267. Contemporaneous with the filing of this Complaint, Complainant put Palit on
268. Upon information and belief, the memory controllers in Palit's Accused Products
to the Asserted Patents, the memory controllers in Palit's Accused Products are known by Palit
information and belief, Palit has sold or offered to sell Palit's Accused Products to others whose
use of those Palit Accused Products has constituted an act of direct infringement of at least the
asserted claims of the '016 patent. Palit has thereby contributed to and continues to contribute to
Patents, Palit knows about the '016 patent and has induced and continues to induce acts that Palit
the '016 patent. Palit actively induces infringement of the asserted claims of the '016 patent by
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(9) Pine
271. Upon information and belief, at least the Pine products that include a DDR3
the '016 patent.
272. Upon information and belief, Pine imports, sells for importation, offers for sale
and sells after importation, operates, and/or tests Pine's Accused Products in the United States,
273. Contemporaneous with the filing of this Complaint, Complainant put Pine on
274. Upon information and belief, the memory controllers in Pine's Accused Products
to the Asserted Patents, the memory controllers in Pine's Accused Products are known by Pine to
information and belief, Pine has sold or offered to sell Pine's Accused Products to others whose
use of those Pine Accused Products has constituted an act of direct infringement of at least the
asserted claims of the '016 patent. Pine has thereby contributed to and continues to contribute to
77
Patents, Pine knows about the '016 patent and has induced and continues to induce acts that Pine
the '016 patent. Pine actively induces infringement of the asserted claims of the '016 patent by
Accused Products that include DDR3 memory controllers, including one of Pine's representative
products, are attached as Exhibit 5.
(10) Sparkle
277. Upon information and belief, at least the Sparkle products that include a DDR3
the '016 patent.
278. Upon information and belief, Sparkle imports, sells for importation, offers for sale
and sells after importation, operates, and/or tests Sparkle's Accused Products in the United
279. Contemporaneous with the filing of this Complaint, Complainant put Sparkle on
280. Upon information and belief, the memory controllers in Sparkle's Accused
respect to the Asserted Patents, the memory controllers in Sparkle's Accused Products are known
by Sparkle to be especially made or especially adapted for use in an infringement of the '016
78
infringing use. Upon information and belief, Sparkle has sold or offered to sell Sparkle's
Accused Products to others whose use of those Sparkle Accused Products has constituted an act
of direct infringement of at least the asserted claims of the '016 patent. Sparkle has thereby
the '016 patent.
Patents, Sparkle knows about the '016 patent and has induced and continues to induce acts that
Sparkle knows or should have known would induce actual infringement of at least the asserted
claims of the '016 patent. Sparkle actively induces infringement of the asserted claims of the
patent.
(11) BFG and Gigabyte
283. To the extent that BFG and/or Gigabyte products incorporate DDR3 memory
controllers, those products infringe claims 7, 13, 21, and 22 of the '016 patent in the same
manner as the other Respondents. Should it be learned during discovery that BFG and/or
Gigabyte imports, sells for importation, offers for sale and sells after importation, operates,
and/or tests DDR3 products in the United States, Complainant reserves the right to assert
infringement of such products.
79
4. Foreign Counterparts of the Ware Patents
284. The following foreign counterpart patents, utility models, or applications
correspond to the '998 and '016 patents:
Jurisdiction Application No. Publication No. Patent No. Status

Germany 202215 11.3 Nr. 20221511.3 Issued
Germany 02009032.O EP 1291778 A2 DE 60220863 T2 Issued
Germany 2022 1512.1 Nr. 20221512.1 Issued
Japan JP 2002- 122494 JP 2002-342 154 Pending
Japan JP 2008-027486 JP 2008-123552 Pending
Japan JP 2008-027488 JP 2008-135063 Pending
Japan JP 2002- 122447 JP 2002-342 153 Pending
Europe 02009032.O EP 1291778 A2 1291778 B1 National Phase
United Kingdom 02009032.O EP 1291778 A2 1291778 B1 Issued
France 02009032.O EP 1291778 A2 1291778 B1 Issued
Italy 02009032.O EP 1291778 A2 1291778 B1 Issued
Europe 0200903 1.2 EP 1253521 A2 Pending
Europe 05022021.9 EP 1653374 A2 Pending
285. To the best of Rambus's knowledge, information, and belief, there are no other
foreign patents or patent applications pending, filed, abandoned, or rejected corresponding to the
'998 andlor '016 patents.
5. Licenses to the Ware Patents
286. The identities of all parties with a license to the Ware patents, namely the '998
and '016 patents, are set forth in Confidential Exhibit 46.
287. To the best of Rambus's knowledge, information, or belief, there are no other
licenses to the '998 and/or '016 patents.
80
B. THE BARTH I PATENTS
288. Three Asserted Patents in this investigation-the ’405 patent, the ’353 patent, and
the ’109 patent-claim priority to Application No. 08645,292 filed on October 19, 1995, and
name Richard M. Barth, Frederick A. Ware, John B. Dillon, Donald C. Stark, Craig E. Hampel,
and Matthew M. Griffin as inventors (hereinafter referred to as “the Barth I patents”).
1. Non-Technical Description of the Barth I Patents
289. The Barth I patents are generally directed to controlling data transfers to and from
memory devices. In synchronous memory systems, data transfers occur based on a clock signal.
The Barth I patents disclose, among other things, using a strobe signal in addition to a clock
signal to transfer data. The strobe signal indicates when a memory device should sample or send
data. For example, the Barth I patents disclose a memory controller that issues a write command
to a memory device and then issues a strobe signal to signal the memory device to sample data.
Using a strobe signal increases the efficiency and data rates in a system.
2. U.S. Patent No. 6,470,405

290. On October 22, 2002, the USPTO duly, properly, and legally issued U.S. Patent
No. 6,470,405, entitled “Protocol For Communication With Dynamic Memory” to Rambus as
assignee of inventors Richard M. Barth, Frederick A. Ware, John B. Dillon, Donald C. Stark,
Craig E. Hampel, and Matthew M. Griffin. A certified copy of the ’405 patent is attached to this
Complaint as Exhibit 6.
291. The ’405 patent issued from U.S. Patent Application No. 09/870,322 filed May
29,2001, which is a continuation of
(a) Application No. 09/561,868, filed May 1, 2000, which

issued as U.S. Patent No. 6,591,353 (discussed below in
Section V.B.3), which is a continuation of
81
(b) Application No. 09/480,767, filed January 10, 2000, which
continuation of
(c) Application No. 08/979,402, filed November 26, 1997,

division of
(d) Application No. 08/545,292, filed October 19, 1995, which

A certified copy of the prosecution history of the '405 patent is included in Appendix B3.
Copies of the technical references identified in the prosecution history of the '405 patent are
patent, namely U.S. Patent Nos. 5,748,914; 6,122,688; 6,591,353; and 6,810,449, are included in
Appendix B1, B2, B4, and B5, respectively.
293. Richard M. Barth, Frederick A. Ware, John B. Dillon, Donald C. Stark, Craig E.
Hampel, and Matthew M. Griffin, the inventors of the '405 patent, assigned all rights title, and
interest in the '405 patent to Rambus. A certified copy of the assignment for the '405 patent is
attached as Exhibit 9.

(1) NVIDIA
294. Upon information and belief, at least the NVIDIA products that include a DDR,
DDR2, DDR3, GDDR, GDDR2, or GDDR3 memory controller directly or indirectly infringe at
least the asserted claims 11-13, 15, and 18 of the '405 patent.
82
the '405 patent.
298. Charts applying claim 11 of the '405 patent to the Representative Accused
Products that include DDR3, GDDR3, and DDR2 memory controllers, including NVIDIA's
representative products, are attached as Exhibits 10A-C, respectively.
(2) Asus
299. Upon information and belief, at least the Asus products that include a DDR,
83
and sells after importation, operates, and/or tests Asus's Accused Products in the United States,
84
304. Charts applying claim 11 of the ’405 patent to the Representative Accused
Products that include DDR3, GDDR3, and DDR2 memory controllers, including Asus’s
representative product, are attached as Exhibits IOA-C, respectively.
(3) BFG
305. Upon information and belief, at least the BFG products that include a DDR,
least the asserted claims 11-13, 15, and 18 of the ’405 patent.
306. Upon information and belief, BFG imports, sells for importation, offers for sale
and sells after importation, operates, and/or tests BFG’s Accused Products in the United States,
thereby directly infringing at least the asserted claims of the ’405 patent.
307. Contemporaneous with the filing of this Complaint, Complainant put BFG on
308. Upon information and belief, the memory controllers in BFG’s Accused Products
with a corresponding standard. Upon notice of Rambus’s infringement allegations with respect
to the Asserted Patents, the memory controllers in BFG’s Accused Products are known by BFG
to be especially made or especially adapted for use in an infringement of the ’405 patent, and are
information and belief, BFG has sold or offered to sell BFG’s Accused Products to others whose
use of those BFG Accused Products has constituted an act of direct infringement of at least the
asserted claims of the ’405 patent. BFG has thereby contributed to and continues to contribute to
the infringement of at least the asserted claims of the ’405 patent.
85
Patents, BFG knows about the '405 patent and has induced and continues to induce acts that
BFG knows or should have known would induce actual infringement of at least the asserted
claims of the '405 patent. BFG actively induces infringement of the asserted claims of the '405
310. Charts applying claim 11 of the '405 patent to the Representative Accused
Products that include DDR3, GDDR3, and DDR2 memory controllers, including BFG's
representative product, are attached as Exhibits 1OA-C, respectively.
(4) Biostar
3 11. Upon information and belief, at least the Biostar products that include a DDR,
and sells after importation, operates, and/or tests Biostar's Accused Products in the United
3 14. Upon information and belief, the memory controllers in Biostar's Accused
respect to the Asserted Patents, the memory controllers in Biostar's Accused Products are known
by Biostar to be especially made or especially adapted for use in an infringement of the '405
86

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E.

The Honorable Marilyn Abbott

Accordingly, Complainant submits the following documents for filing:

1. An original and twelve (12) copies of the verified Complaint and an

2. Seventeen (1 7) additional copies of the Complaint and accompanying

901 NEW Y O R K AVENUE, NW I WASHINGTON, DC 20001-4413

4. Certified copies of the assignments involving the Asserted Patents

5. An identification of each license agreement for the Asserted Patents that

7. Four (4) copies of each reference document mentioned in the prosecution

9. A letter and certification pursuant to Commission Rules 201.6(b) and

Thank you for your attention to this matter.

FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, LLP

VIA HAND DELIVERY

The Honorable Marilyn Abbott

Re: Certain Semiconductor Chips Having Svnchronous Dynamic Random Access

Dear Secretary Abbott :

In accordance with Commission Rules 201.6,210.5, 19 C.F.R. $0 201.6 and 210.5,

The information for which confidential treatment is sought is proprietary commercial

The information described above qualifies as confidential business information pursuant

1. it is not available to the public;

2. unauthorized disclosure of such information could cause substantial harm

3. the disclosure of which could impair the Commission’s ability to obtain

901 NEW Y O R K AVENUE, NW I WASHINGTON, DC 20001-4413

Thank you for your attention to this matter.

FINNEGAN, HENDERSON, FARABOW, GARRETT & D U N N E R , LLP

WASHINGTON, D.C. 20436

COMPLAINT UNDER SECTION 337 OF

GIGA-BYTE TECHNOLOGY CO., LTD.

MSI COMPUTER CORP.

PALIT MULTIMEDIA INC.

PALIT MICROSYSTEMS LTD.

SPARKLE COMPUTER CO., LTD.

I1. BACKGROUND OF THE TECHNOLOGY ..................................................................... 4

I11. COMPLAINANT RAMBUS ............................................................................................. 6

IV . PROPOSED RESPONDENTS AND PROOF OF IMPORTATION................................. 8

1. NVIDIA’s Accused Products...................................................................... 8

1. Asustek Computer Inc. and Asus Computer International Inc................. 12

A. THE WARE PATENTS ....................................................................................... 51

1. Non-Technical Description of the Ware Patents ...................................... 51

1. Non-Technical Description of the Barth I Patents .................................... 81

1. Non-Technical Description of the Barth I1 Patents ................................. 132

VI1. DOMESTIC INDUSTRY ............................................................................................... 198

VI11. RELATED PROCEEDINGS .......................................................................................... 199

B. Related Oppositions ............................................................................................ 200

IX. GENERAL EXCLUSION ORDER ................................................................................ 201

X. RELIEF ........................................................................................................................... 201

1. Rambus Inc. (“Rambus” or “Complainant”) files this Complaint pursuant to

motherboards (hereinafter collectively referred to as “Accused Products”).

2. Rambus is one of the world’s leading designers of semiconductor memory

communications applications. In addition to the development of high-speed interfaces,

projectors, network switches, and routers.

3. Many of Rambus’s patented inventions are directed to synchronous memory

controllers and memory devices.

5. Notwithstanding that Rambus’s patents cover revolutionary and fundamental

investigation by the ITC to address certain of those unlawful activities.

6. The proposed Respondents to this Complaint are NVIDIA Corporation

(“NVIDIA”), Asustek Computer Inc. and Asus Computer International h c . (collectively

Microtech International Corp. (collectively “Biostar”), Diablotek Inc. (“Diablotek”), EVGA

are collectively referred to as “Respondents.”

products after importation by Respondents.

importation other infringing products.

10. Rambus asserts infringement by Respondents of claims of the following patents: