This case was last updated from U.S. District Courts on 10/18/2022 at 10:38:09 (UTC).

Realtek Semiconductor Corp. v. Advanced Micro Devices Inc.

Case Summary

On August 19, 2022, Realtek Semiconductor Corporation (“Realtek” or “Plaintiff”), (represented by Jay Chih-Fan Chiu, Theodore J. Angelis, Nelson Hua, and Jiang Wu of K&L Gates LLP; and Steven S. Baik of White Hat Legal), filed an intellectual property lawsuit against Advanced Micro Devices, Inc. (“AMD” or “Defendant”), seeking declaratory and injunctive relief for the alleged infringement of U.S. Patents owned by the plaintiff. This case was filed in the U.S. District Court for the Northern District of California with Judge Susan Van Keulen presiding.

The plaintiff claimed to have filed this complaint for the alleged infringement of U.S. Patent Nos. 7,936,245 (“the ’245 Patent”), 8,006,218 (“the ’218 Patent”) and 9,590,582 (“the ’582 Patent”) owned by the plaintiff.

 In the complaint, the plaintiff alleged, “Defendant makes, uses, offers for sale, sells, and/or imports in the United States products and/or services that have infringed and continue to infringe one or more claims of the ’245 Patent pursuant to 35 U.S.C. § 271(a), literally or under the doctrine of equivalents.”

 The plaintiff further alleged, “Defendant’s infringing products are collectively referred to hereinafter as ‘the ’245 Accused Products.’ Realtek reserves the right to discover and pursue any additional infringing devices that incorporate infringing functionalities. Defendant has induced and continues to induce infringement of one or more claims of the ’245 Patent by encouraging third parties such as users, customers, distributors, wholesalers, retailers, affiliates, parents, subsidiaries, importers, or sellers, to make, use, offer to sell, sell, and/or import into the United States without authorization the ’245 Accused Products.”

 The plaintiff then alleged, “[t]he making, using, offering to sell, selling, and/or importing into the United States constitutes direct infringement, literally or under the doctrine of equivalents, of one or more claims of the ’245 Patent by such third parties. Defendant’s acts of inducement include: providing the ’245 Accused Products or components thereof to third parties and intending them to make, use, offer to sell, sell, and/or import the ’245 Accused Products; advertising the ’245 Accused Products in the United States; and/or encouraging the sale and offer for sale of the ’245 Accused Products by Defendant or other entities (for example, https://www.amd.com/en/shop/us/Desktop%20Processors) in a manner that infringes the ’245 patent.”

 Additionally, Plaintiff alleged, “Defendant has proceeded, and continues to proceed, in this manner despite knowledge of the ’245 Patent and knowledge that specific actions it actively induced, and continues to actively induce, infringe the ’245 Patent. Realtek has suffered and continues to suffer damages and irreparable harm as a result of Defendant’s infringement of the ’245 Patent. Upon information and belief, Defendant’s infringement of the ’245 Patent has been and continues to be willful, deliberate, and in disregard of Realtek’s patent rights.”

The plaintiff also alleged, “Defendant has not had, nor does it presently have, a reasonable basis for believing it has a right to engage in the acts complained of herein. Defendant’s intentional, knowing, egregious, culpable, willful, wanton, malicious, bad faith, deliberate, consciously wrongful, and/or flagrant infringement justifies increased damages under 35 U.S.C. § 284.”

 Plaintiff stated three claims for relief including the alleged infringement of U.S. Patents owned by the plaintiff.

 In the prayer for relief, Plaintiff requested a judgment for both declaratory and injunctive relief. The plaintiff also requested an award of damages, costs, and reasonable attorney’s fees incurred by the plaintiff.

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    4:22-CV-04769

  • Filing Date:

    08/19/2022

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Intellectual Property - Patent

Judge Details

Presiding Judge

Jeffrey S. White

 

Party Details

Plaintiff

Realtek Semiconductor Corp.

Defendant

Advanced Micro Devices Inc.

Attorney/Law Firm Details

Plaintiff Attorneys

Jay Chih-Fan Chiu

Attorney at K&L Gates LLP

1 Park Plaza, Twelfth Floor

Irvine, CA 92614

Elizabeth June Weiskopf

Attorney at KL Gates LLP

925 4Th Avenue, Suite 2900

Seattle, WA 98104

Jiang Wu

Attorney at K&L Gates LLP

70 West Madison Street, Suite 3100

Chicago, IL 60602

Nelson Moon Hua

Attorney at K&L Gates LLP

70 W Madison St, Suite 3100

Chicago, IL 60602

Steven Soong Baik

Attorney at Sidley Austin LLP

1001 Page Mill Road, Building 1

Palo Alto, CA 94304

Theodore J. Angelis

Attorney at KL Gates LLP

925 Fourth Avenue, Suite 2900

Seattle, WA 98104-1158

Defendant Attorneys

David P. Enzminger

Attorney at Winston & Strawn LLP

275 Middlefield Road, Suite 205

Menlo Park, CA 94025-4004

Ahtoosa Amini Dale

Attorney at Winston and Strawn LLP

2121 N. Pearl Street, Suite 900

Dallas, TX 75201

Thomas M Melsheimer

Attorney at Winston Strawn LLP

2121 N Pearl Street, Ste. 900

Dallas, TX 75201

 

Court Documents

#34

(#34) Rule 7.1 Disclosures by Advanced Micro Devices Inc. (Enzminger, David) (Filed on 10/14/2022) (Entered: 10/14/2022)

33 #1

Proposed Order

33 #33

Main Document

#32

(#32) CERTIFICATE OF SERVICE by Realtek Semiconductor Corp. re #31 Order. (Angelis, Theodore) (Filed on 10/4/2022) Modified on 10/5/2022 (mcl, COURT STAFF). (Entered: 10/04/2022)

#31

(#31) ORDER SETTING CASE MANAGEMENT CONFERENCE AND REQUIRING JOINT CASE MANAGEMENT CONFERENCE STATEMENT. Signed by Judge Jeffrey S. White on September 30, 2022. Joint Case Management Statement due by 12/30/2022. Initial Case Management Conference set for 1/6/2023 11:00 AM in Oakland, - Videoconference Only. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/jsw Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. One list of names of all counsel appearing for all parties must be sent in one email to the CRD at jswcrd@cand.uscourts.gov no later than January 5, 2023 at 12:00 PM PST.General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. (dts, COURT STAFF) (Filed on 9/30/2022) (Entered: 09/30/2022)

30 #1

Notice of Eligibility for Video Recording

30 #30

Main Document

#28

(#28) CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Advanced Micro Devices Inc... (Enzminger, David) (Filed on 9/28/2022) (Entered: 09/28/2022)

#27

(#27) ORDER by Judge Susan van Keulen Granting #25 Application for Admission of Ahtoosa Dale Pro Hac Vice. (svklc2, COURT STAFF) (Filed on 9/16/2022) (Entered: 09/16/2022)

#2

#Electronic filing error. The summons form is not completed with all the necessary information. This filing will not be processed by the clerks office.Please re-file in it s entirety. Re: #2 Proposed Summons filed by Realtek Semiconductor Corp. (mcl, COURT STAFF) (Filed on 8/22/2022) (Entered: 08/22/2022)

1 #7

Civil Cover Sheet

1 #6

Exhibit F

1 #5

Exhibit E

1 #4

Exhibit D

1 #3

Exhibit C

1 #2

Exhibit B

1 #1

Exhibit A

1 #1

Main Document

29 More Documents Available
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Docket Entries

  • 10/14/2022
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  • Docket(#34) Rule 7.1 Disclosures by Advanced Micro Devices Inc. (Enzminger, David) (Filed on 10/14/2022) (Entered: 10/14/2022)

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  • 10/14/2022
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  • Docket(#33) MOTION to Dismiss filed by Advanced Micro Devices Inc.. Motion Hearing set for 1/20/2023 09:00 AM in Oakland, Courtroom 5, 2nd Floor before Judge Jeffrey S. White. Responses due by 10/28/2022. Replies due by 11/4/2022. (Attachments: #1 Proposed Order)(Enzminger, David) (Filed on 10/14/2022) (Entered: 10/14/2022)

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  • 10/04/2022
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  • Docket(#32) CERTIFICATE OF SERVICE by Realtek Semiconductor Corp. re #31 Order. (Angelis, Theodore) (Filed on 10/4/2022) Modified on 10/5/2022 (mcl, COURT STAFF). (Entered: 10/04/2022)

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  • 09/30/2022
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  • Docket(#31) ORDER SETTING CASE MANAGEMENT CONFERENCE AND REQUIRING JOINT CASE MANAGEMENT CONFERENCE STATEMENT. Signed by Judge Jeffrey S. White on September 30, 2022. Joint Case Management Statement due by 12/30/2022. Initial Case Management Conference set for 1/6/2023 11:00 AM in Oakland, - Videoconference Only. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/jsw Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. One list of names of all counsel appearing for all parties must be sent in one email to the CRD at jswcrd@cand.uscourts.gov no later than January 5, 2023 at 12:00 PM PST.General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. (dts, COURT STAFF) (Filed on 9/30/2022) (Entered: 09/30/2022)

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  • 09/29/2022
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  • Docket(#30) ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Jeffrey S. White for all further proceedings. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Magistrate Judge Susan van Keulen no longer assigned to case. Reassignment Order signed by Clerk on 9/29/2022. (Attachments: #1 Notice of Eligibility for Video Recording)(bw, COURT STAFF) (Filed on 9/29/2022) (Entered: 09/29/2022)

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  • 09/29/2022

  • Docket(#29) CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (jhf, COURT STAFF) (Filed on 9/29/2022) (Entered: 09/29/2022)

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  • 09/28/2022
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  • Docket(#28) CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Advanced Micro Devices Inc... (Enzminger, David) (Filed on 9/28/2022) (Entered: 09/28/2022)

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  • 09/16/2022
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  • Docket(#27) ORDER by Judge Susan van Keulen Granting #25 Application for Admission of Ahtoosa Dale Pro Hac Vice. (svklc2, COURT STAFF) (Filed on 9/16/2022) (Entered: 09/16/2022)

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  • 09/16/2022
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  • Docket(#26) ORDER by Judge Susan van Keulen Granting #24 Application for Admission of Thomas Melsheimer Pro Hac Vice. (svklc2, COURT STAFF) (Filed on 9/16/2022) (Entered: 09/16/2022)

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  • 09/15/2022
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  • Docket(#25) MOTION for leave to appear in Pro Hac Vice for Ahtoosa A. Dale ( Filing fee $ 317, receipt number ACANDC-17539982.) filed by Advanced Micro Devices Inc.. (Dale, Ahtoosa) (Filed on 9/15/2022) (Entered: 09/15/2022)

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18 More Docket Entries
  • 08/22/2022
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  • Docket(#7) Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 11/29/2022. Initial Case Management Conference set for 12/6/2022 09:30 AM. (mcl, COURT STAFF) (Filed on 8/22/2022) (Entered: 08/22/2022)

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  • 08/22/2022
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  • Docket#Electronic filing error. Attorney Steven Soong Baik has been entered on the docket as shown in the complaint. However, the attorney needs to update the profile as soon as pos sible as the docket shows that the attorney is with the law firm of Sidley Austin LLP. Attorney is reminded to update the ECF account if there's any change of firm name and address. Re: #1 Complaint, filed by Realtek Semiconductor Corp. (mcl, COURT STAFF) (Filed on 8/22/2022) (Entered: 08/22/2022)

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  • 08/22/2022
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  • Docket#Electronic filing error. The summons form is not completed with all the necessary information. This filing will not be processed by the clerks office.Please re-file in it s entirety. Re: #2 Proposed Summons filed by Realtek Semiconductor Corp. (mcl, COURT STAFF) (Filed on 8/22/2022) (Entered: 08/22/2022)

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  • 08/19/2022

  • Docket(#6) Case assigned to Magistrate Judge Susan van Keulen. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 9/2/2022. (ark, COURT STAFF) (Filed on 8/19/2022) (Entered: 08/19/2022)

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  • 08/19/2022
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  • Docket(#5) Civil Cover Sheet by Realtek Semiconductor Corp. . (Chiu, Jay) (Filed on 8/19/2022) (Entered: 08/19/2022)

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  • 08/19/2022
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  • Docket#Electronic filing error. Use Current Civil Cover Sheet. No judge assignment will be made until the document is e-filed. Submit your document using Civil Events > Other Filings > Other Documents > Civil Cover SheetThis filing will not be processed by the clerks office. Re: #1 Complaint, filed by Realtek Semiconductor Corp. (as, COURT STAFF) (Filed on 8/19/2022) (Entered: 08/19/2022)

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  • 08/19/2022
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  • Docket(#4) REPORT on the filing or determination of an action regarding a patent (cc: form mailed to register). (Chiu, Jay) (Filed on 8/19/2022) (Entered: 08/19/2022)

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  • 08/19/2022
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  • Docket(#3) Certificate of Interested Entities by Realtek Semiconductor Corp. (Chiu, Jay) (Filed on 8/19/2022) (Entered: 08/19/2022)

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  • 08/19/2022
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  • Docket(#2) *** ERRONEOUS ENTRY *** Proposed Summons. (Chiu, Jay) (Filed on 8/19/2022) Modified on 8/22/2022 (mcl, COURT STAFF). (Entered: 08/19/2022)

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  • 08/19/2022
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  • Docket(#1) COMPLAINT against Advanced Micro Devices Inc. ( Filing fee $ 402, receipt number ACANDC-17458399.). Filed byRealtek Semiconductor Corp.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Civil Cover Sheet)(Chiu, Jay) (Filed on 8/19/2022) (Entered: 08/19/2022)

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