By Eric Schweibenz and Alex Englehart
On December 16, 2016, ZiiLabs Inc., Ltd. of Bermuda (“ZiiLabs”) filed a complaint requesting that the ITC commence an investigation pursuant to Section 337.

The complaint alleges that the following entities (collectively, the “Proposed Respondents”) unlawfully import into the U.S., sell for importation, and/or sell within the U.S. after importation certain graphics processors, DDR memory controllers, and products containing the same that infringe one or more claims of U.S. Patent Nos. 6,677,952 (the ’952 patent), 6,950,350 (the ’350 patent), 7,518,616 (the ’616 patent), and 8,643,659 (the ’659 patent) (collectively, the “asserted patents”):

  • Advanced Micro Devices, Inc. of Sunnyvale, California
  • Lenovo Group Ltd. of China
  • Lenovo Holding Co., Inc. of Morrisville, North Carolina
  • Lenovo (United States) Inc. of Morrisville, North Carolina
  • LG Electronics, Inc. of South Korea
  • LG Electronics U.S.A., Inc. of Englewood Cliffs, New Jersey
  • LG Electronics MobileComm U.S.A., Inc. of San Diego, California
  • MediaTek, Inc. of Taiwan
  • MediaTek USA Inc. of San Jose, California
  • Motorola Mobility LLC of Libertyville, Illinois
  • Qualcomm Inc. of San Diego, California
  • Sony Corp. of Japan
  • Sony Corp. of America of New York, New York
  • Sony Electronics Inc. of San Diego, California
  • Sony Mobile Communications (USA) Inc. of San Mateo, California
  • Sony Computer Entertainment Inc. of Japan
  • Sony Interactive Entertainment LLC of San Mateo, California

According to the complaint, the asserted patents generally relate to graphics processing technology. In particular, the ’952 patent relates to multiple rasterizer graphics systems. The ’350 patent relates to maximizing the setup and hold time for data being read from Double-Data-Rate Synchronous Dynamic Random Access Memory (DDR SDRAM). The ’616 patent relates to a graphics processor that stores and processes textures in an efficient manner. Lastly, the ’659 patent relates to graphics rendering hardware for graphics shader programs.

In the complaint, ZiiLabs states that the Proposed Respondents import and sell products that infringe the asserted patents. The complaint specifically refers to various graphics processors, DDR memory controllers, servers, workstations, desktops, notebooks, laptops, all-in-ones, Chromebooks, tablets, smartphones, wearables, televisions, DVD players, blu-ray players, SoCs, and gaming systems associated with the Proposed Respondents as infringing products.

Regarding domestic industry, ZiiLabs states that Intel Corp. (“Intel”) holds a license to the asserted patents and thus that a domestic industry relating to the asserted patents exists due to Intel’s extensive U.S. activities. In particular, ZiiLabs states that Intel’s HD Graphics, Iris Graphics, and IrisPro Graphics systems—and/or processors that utilize such graphics processing systems—practice claims of the asserted patents. ZiiLabs further states on information and belief that Intel has invested billions of dollars and maintains millions of square feet of space in the U.S. relating to manufacturing domestic industry products.

As to related litigation, ZiiLabs states that, concurrently with the filing of the instant ITC complaint, it also intends to file complaints against the Proposed Respondents in the U.S. District Court for the Eastern District of Texas alleging infringement of the asserted patents.

With respect to potential remedy, ZiiLabs requests that the Commission issue a limited exclusion order and a cease and desist order directed at the Proposed Respondents.