IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

ROUND ROCK RESEARCH, LLC, Plaintiff, v. ACER, INC., ACER AMERICA CORP., ACER AMERICA HOLDINGS, INC., and GATEWAY, INC., Defendants.

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Civil Action No. _______________ JURY TRIAL DEMANDED

COMPLAINT Plaintiff Round Rock Research, LLC (Round Rock Research), for its Complaint against defendants Acer Inc., Acer America Corporation (Acer America), Acer American Holdings, Inc. (Acer American Holdings), and Gateway, Inc. (Gateway) (collectively, Acer or Defendants) hereby alleges as follows: THE PARTIES 1. Plaintiff Round Rock Research is a Delaware limited liability company with its

principal place of business at Jersey City, New Jersey 07302. 2. Defendant Acer Inc. is a company organized and existing under the laws of

Taiwan, Republic of China with its principal place of business at 8F, 88, Sec. 1, Hsin Tai Wu Rd., Hsichih, Taipei, Hsien 221, Taiwan, R.O.C. 3. Defendant Acer America is a wholly-owned subsidiary of Acer Inc. and a

California corporation with its principal place of business at 333 West San Carlos Street, Suite 1500, San Jose, California. Acer America has appointed CT Corporation System located at 818 West Seventh Street, Los Angeles, California as its agent for service of process.

4.

Defendant Acer American Holdings is a wholly-owned subsidiary of Gateway

and a Delaware corporation with its principal place of business at 7565 Irvine Center Drive, Irvine, California. Acer American Holdings has appointed CT Corporation System located at 1209 Orange Street, Wilmington, Delaware as its agent for service of process. 5. Defendant Gateway is a wholly-owned subsidiary of Acer America and a

Delaware corporation with its principal place of business at 7565 Irvine Center Drive, Irvine, California 92618. Gateway has appointed CT Corporation System located at 818 West Seventh Street, Los Angeles, California as its agent for service of process. NATURE OF THE ACTION 6. This is a civil action for the infringement of United States Patent Nos. 5,787,174

(the 174 Patent) (attached as Exhibit A); 5,991,843 (the 843 Patent) (attached as Exhibit B); 6,002,613 (the 613 Patent) (attached as Exhibit C); 6,845,053 (the 053 Patent) (attached as Exhibit D); 7,138,823 (the 823 Patent) (attached as Exhibit E); 7,285,979 (the 979 Patent) (attached as Exhibit F); 7,336,531 (the 531 Patent) (attached as Exhibit G); and 7,389,369 (the 369 Patent) (attached as Exhibit H) (collectively, the Patents-in-Suit) under the Patent Laws of the United States 35 U.S.C. 1 et seq. JURISDICTION AND VENUE 7. This Court has jurisdiction over the subject matter of this action pursuant to 28

U.S.C. 1331 and 1338(a) because this action arises under the patent laws of the United States, including 35 U.S.C. 271 et seq. 8. This Court has personal jurisdiction over Defendants because, among other

things, each Defendant has committed, aided, abetted, contributed to, and/or participated in the commission of patent infringement in this judicial district and elsewhere that led to foreseeable harm and injury to Round Rock Research. Moreover, Defendants Gateway and Acer American Holdings are Delaware corporations who, having availed themselves of Delawares corporate laws, are subject to personal jurisdiction in Delaware.

9.

This Court also has personal jurisdiction over Defendants because, among other

things, Defendants have established minimum contacts within the forum such that the exercise of jurisdiction over Defendants will not offend traditional notions of fair play and substantial justice. Moreover, Defendants have placed products that practice the claimed inventions of the Patents-in-Suit into the stream of commerce with the reasonable expectation and/or knowledge that purchasers and users of such products were located within this judicial district. And

Defendants sold, advertised, marketed, and distributed in this judicial district products that practice the claimed inventions of the Patents-in-Suit. 10. In addition, Defendants knowingly induced, and continue to knowingly induce,

infringement within this District by making, using, offering for sale, and selling infringing products, as well as contracting with others to use, market, sell, and offer to sell infringing products, all with knowledge of the Patents-in-Suit and their claims; with knowledge that its customers will use, market, sell, and offer to sell, the infringing products in the United States; and with the knowledge contracting with others to market and sell infringing products in this District and elsewhere in the United States; and with the knowledge and intent to encourage and facilitate infringing sales and use of the products by others within this District and the United States by creating and/or disseminating instructions and other materials for the products with like mind and intent. 11. Moreover, Defendants knowingly contributed to others infringement, and

continue to contribute to others infringement of the Patents-in-Suit by others in this District, by selling or offering to sell components of infringing products in this District which components constitute a material part of the inventions of the Patents-in-Suit; knowing of the Patents-in-Suit and their claims; knowing those components to be especially made or especially adapted for use to infringe the Patents-in-Suit; and knowing that those components are not staple articles or commodities of commerce suitable for substantial non-infringing use. 12. Venue is proper in this judicial district as to each Defendant pursuant to 28 U.S.C.

1391 and 1400(b). 3

THE PATENTS-IN-SUIT 13. On July 28, 1998, the 174 Patent, titled Remote Identification Of Integrated

Circuit, was duly and legally issued by the United States Patent and Trademark Office. Round Rock Research is the assignee of all rights, title, and interest in the 174 Patent, and it possesses all rights to sue and recover for any current or past infringement of the 174 Patent. 14. On November 23, 1999, the 843 Patent, titled Method And System For

Concurrent Computer Transaction Processing, was duly and legally issued by the United States Patent and Trademark Office. Round Rock Research is the assignee of all rights, title, and interest in the 843 Patent, and it possesses all rights to sue and recover for any current or past infringement of the 843 Patent. 15. On December 14, 1999, the 613 Patent, titled Data Communication For

Memory, was duly and legally issued by the United States Patent and Trademark Office. Round Rock Research is the assignee of all rights, title, and interest in the 613 Patent, and it possesses all rights to sue and recover for any current or past infringement of the 613 Patent. 16. On January 18, 2005, the 053 Patent, titled Power Throughput Adjustment In

Flash Memory, was duly and legally issued by the United States Patent and Trademark Office. Round Rock Research is the assignee of all rights, title, and interest in the 053 Patent, and it possesses all rights to sue and recover for any current or past infringement of the 053 Patent. 17. On November 21, 2006, the 823 Patent, titled Apparatus And Method For

Independent Control Of On-Die Termination For Output Buffers Of A Memory Device, was duly and legally issued by the United States Patent and Trademark Office. Round Rock

Research is the assignee of all rights, title, and interest in the 823 Patent, and it possesses all rights to sue and recover for any current or past infringement of the 823 Patent. 18. On October 23, 2007, the 979 Patent, titled Apparatus And Method For

Independent Control Of On-Die Termination For Output Buffers Of A Memory Device, was duly and legally issued by the United States Patent and Trademark Office. Round Rock

Research is the assignee of all rights, title, and interest in the 979 Patent, and it possesses all rights to sue and recover for any current or past infringement of the 979 Patent. 19. On February 26, 2008, the 531 Patent, titled Multiple Level Cell Memory

Device With Single Bit Per Cell, Re-Mappable Memory Block, was duly and legally issued by the United States Patent and Trademark Office. Round Rock Research is the assignee of all rights, title, and interest in the 531 Patent, and it possesses all rights to sue and recover for any current or past infringement of the 531 Patent. 20. On June 17, 2008, the 369 Patent, titled Active Termination Control, was duly

and legally issued by the United States Patent and Trademark Office. Round Rock Research is the assignee of all rights, title, and interest in the 369 Patent, and it possesses all rights to sue and recover for any current or past infringement of the 369 Patent. COUNT I Infringement of U.S. Patent No. 5,787,174 21. 22. Paragraphs 1-20 are incorporated by reference as if fully restated herein. Acer has infringed, and continues to infringe, the 174 Patent under 35 U.S.C.

271, either literally and/or under the doctrine of equivalents by making, using, offering for sale, selling, and/or importing into the United States products that include Bluetooth and/or 802.11 wireless communication functionality (174 Infringing Products), including at least the following products: Acer Iconia A series Tablets (including at least A100-07u08u, A10007u08w, A100-07u16u, A100-10S16u, A500-10S32u, and A500-10S16w). 23. Acer has also indirectly infringed, and continues to indirectly infringe, the 174

Patent. Acer has had knowledge of the 174 Patent and its infringement since at least March 30, 2011 through a letter sent by Round Rock Research concerning that infringement. In addition, Acer has had knowledge of the 174 Patent and its infringement thereof since the original Complaint was filed in action no. 1:11-cv-00977-RGA on October 14, 2011. Acers customers directly infringe the 174 Patent by making, using, selling, and/or offering for sale 174 Infringing Products in the United States. 5

24.

Acer actively, knowingly, and intentionally induced, and continues to actively,

knowingly, and intentionally induce, infringement of the 174 Patent by making, using, offering for sale, and selling 174 Infringing Products, as well as by contracting with others to use, market, sell, and offer to sell 174 Infringing Products, all with knowledge of the 174 Patent and its claims; with knowledge that its customers will use, market, sell, and offer to sell 174 Infringing Products; and with the knowledge and intent to encourage and facilitate infringing sales and uses of 174 Infringing Products through the creation and dissemination of promotional and marketing materials, instructional materials, product manuals, and technical materials related to 174 Infringing Products. 25. Acer has also contributed to the infringement by others (e.g., Acers customers

and the users of 174 Infringing Products), and continues to contribute to infringement by others, by selling, offering to sell, or importing 174 Infringing Products in the United States, knowing that those systems constitute a material part of the inventions of the 174 Patent, knowing those systems to be especially made or adapted to infringe the 174 Patent, and knowing that those systems are not staple articles or commodities of commerce suitable for substantial noninfringing use. 26. Acer directly and/or indirectly has infringed, and continues to infringe at least

claims 1, 2, 4, 6, and 15 of the 174 Patent. 27. Round Rock Research has been and continues to be damaged by Acers

infringement of the 174 Patent. 28. Acer has willfully infringed, and continues to willfully infringe, the 174 Patent

despite having received notice of its infringement from Round Rock Research. COUNT II Infringement of U.S. Patent No. 5,991,843 29. Paragraphs 1-28 are incorporated by reference as if fully restated herein.

30.

Acer has infringed, and continues to infringe, the 843 Patent under 35 U.S.C.

271, either literally and/or under the doctrine of equivalents by making, using, offering for sale, selling, and/or importing into the United States infringing computer systems that include Universal Serial Bus (USB) 3.0 functionality, (843 Infringing Products), including at least the following products: All in One Z3 models (including AZ3101-U4062 and AZ3171-UR30P), Aspire M3 models (including AM3400-B4052, AM3400-U4132, AM3410-UR21P, and AM3410-UR22P), Aspire One 522 models (including A0522-BZ465, ZO522-BZ824, and AO522-BZ897), Aspire One 721 models (including AO721-3620), Aspire One 722 models (including AO722-BZ197, AO722-BZ454, AO722-BZ480, AO722-BZ608, AO722-BZ699, AO722-BZ816, AO722-BZ848, and AO722-0611), Aspire X1 models (including AX1420GU5832), Aspire X3 models (including AX3400-U4032), Aspire models (including S4250BZ637, AS5250-BZ641, AS5250-BZ853, AS5250-BZ873, AS5253-BZ480, AS5253-BZ656, AS5253-BZ659, AS5253-BZ660, AS5253-BZ684, AS5253-BZ819, AS5253-BZ873, AS5253BZ893, AS5552-3452, AS5552-3691, AS5552-3857, AS5552-5898, AS5552-7474, AS55527650, AS5552-7803, AS5552G-7632, AS5552G-7641M AS5560-SB609, AS5560-SB653, AS5560-SB835, AS5560G-SB485, AS7551-7422, AS7551-7471, AS7551G-7606, AS7552G5430, and AS7552G-6436), Gateway NV models (including NV50A02u, NV53A82u, NV53A88u, NV55S02u, NV55S04u, NV55S13u, NV55S15u, NV75S02u, and NV75S17u), Gateway One ZX models (including ZX4351-UR20P), ICONIA Tab W models (including W500-BZ467 and W500P-BZ841), Revo 100 models (including RL100-U1002), and Veriton X models (including VX2110-UA260W, VX2110-BU260W, and VX2110-US150W). 31. Acer has also indirectly infringed, and continues to indirectly infringe, the 843

Patent. Acer has had knowledge of the' 843 Patent and its infringement since at least July 15, 2011 through correspondence from Round Rock Research concerning that infringement. In

addition, Acer has had knowledge of the 843 Patent and its infringement thereof since the original Complaint was filed in Civil Action No. 1:11-cv-00977-RGA on October 14, 2011.

Acers customers directly infringe the 843 Patent by making, using, selling, and/or offering for sale 843 Infringing Products in the United States. 32. Acer actively, knowingly, and intentionally induced, and continues to actively,

knowingly, and intentionally induce, infringement of the 843 Patent by making, using, offering for sale, and selling 843 Infringing Products, as well as by contracting with others to use, market, sell, and offer to sell 843 Infringing Products, all with knowledge of the 843 Patent and its claims; with knowledge that its customers will use, market, sell, and offer to sell 843 Infringing Products; and with the knowledge and intent to encourage and facilitate those infringing sales and uses of 843 Infringing Products through the creation and dissemination of promotional and marketing materials, instructional materials, product manuals, and technical materials related to 843 Infringing Products. 33. Acer has also contributed to the infringement by others (e.g., Acers customers

and the users of 843 Infringing Products), and continues to contribute to infringement by others, by selling, offering to sell, or importing 843 Infringing Products in the United States, knowing that those systems constitute a material part of the inventions of the 843 Patent, knowing those systems to be especially made or adapted to infringe the 843 Patent, and knowing that those systems are not staple articles or commodities of commerce suitable for substantial noninfringing use. 34. Acer directly and/or indirectly has infringed, and continues to infringe, at least

claims 1, 2, 17, and 18 of the 843 Patent. 35. Round Rock Research has been and continues to be damaged by Acers

infringement of the 843 Patent. 36. Acer has willfully infringed, and continues to willfully infringe, the 843 Patent

despite having received notice of its infringement from Round Rock Research.

COUNT III Infringement of U.S. Patent No. 6,002,613 37. 38. Paragraphs 1-36 are incorporated by reference as if fully restated herein. Acer has infringed, and continues to infringe, the 613 Patent under 35 U.S.C.

271, either literally and/or under the doctrine of equivalents, directly and/or indirectly, by making, using, offering for sale, selling, and/or importing into the United States infringing products containing DDR memory (e.g., mDDR, LPDDR, LPDDR2, DDR, DDR2, DDR3 DRAM), (collectively, 613 Infringing Products), including at least All in One Z3 models (including AZ3101-U4062 and AZ3171-UR30P), Aspire M3 models (including AM3400B4052, AM3400-U4132, AM3410-UR21P, and AM3410-UR22P), Aspire One 522 models (including AO522-BZ465, AO522-BZ824, and AO522-BZ897), Aspire One 721 models (including AO721-3620), Aspire One 722 models (including AO722-BZ197, AO722-BZ454, AO722-BZ480, AO722-BZ608, AO722-BZ699, AO722-BZ816, AO722-BZ848, and AO7220611), Aspire X1 models (including AX1420G-U5832), Aspire X3 models (including AX3400U4032), Aspire models (including S4250-BZ637, AS5250-BZ641, AS5250-BZ853, AS5250BZ873, AS5253-BZ480, AS5253-BZ656, AS5253-BZ659, AS5253-BZ660, AS5253-BZ684, AS5253-BZ819, AS5253-BZ873, AS5253-BZ893, AS5552-3452, AS5552-3891, AS5552-3857, AS5552-5898, AS5552-7474, AS5552-7650, AS5552-7803, AS5552G-7632, AS5552G-7641, AS5560-SB609, AS5560-SB653, AS5560-SB835, AS5560G-SB485, AS7551-7422, AS75517471, AS7551G-7606, AS7552G-5430, and AS7552G-6436), Gateway NV models (including NV50A02u, NV53A82u, NV53A88u, NV55S02u, NV55S04u, NV55S13u, NV55S15u, NV75S02u, and NV75S17u), Gateway ZX models (including ZX4351-UR20P), ICONIA Tab W series models (including W500-BZ467 and W500P-BZ841), Revo 100 models (including RL100-U1002), and Veriton X models (including VX2110-UA260W, VX2110-BU260W, and VX2110-US150W). 39. Acer has also indirectly infringed, and continues to indirectly infringe, the 613

Patent. Acer has had knowledge of the 613 Patent and its infringement since March 30, 2011 9

through a letter sent by Round Rock Research concerning that infringement. In addition, Acer has had knowledge of the 613 Patent and its infringement thereof since the original Complaint was filed in Civil Action No. 1:11-cv-00977-RGA on October 14, 2011. Acers customers directly infringe the 613 Patent by making, using, selling, and/or offering for sale 613 Infringing Products in the United States. 40. Acer actively, knowingly, and intentionally induced, and continues to actively,

knowingly, and intentionally induce, infringement of the 613 Patent by making, using, offering for sale, and selling 613 Infringing Products, as well as by contracting with others to use, market, sell, and offer to sell 613 Infringing Products, all with knowledge of the 613 Patent and its claims; with knowledge that its customers will use, market, sell, and offer to sell 613 Infringing Products; and with the knowledge and intent to encourage and facilitate those infringing sales and uses of 613 Infringing Products through the creation and dissemination of promotional and marketing materials, instructional materials, product manuals, and technical materials related to 613 Infringing Products. 41. Acer has also contributed to the infringement by others (e.g., Acers customers

and the users of 613 Infringing Products), and continues to contribute to infringement by others, by selling, offering to sell, or importing 613 Infringing Products containing DDR memory in the United States, knowing those systems to constitute a material part of the inventions of the 613 Patent, knowing those systems to be especially made or adapted to infringe the 613 Patent, and knowing that those systems are not staple articles or commodities of commerce suitable for substantial non-infringing use. 42. Acer directly and/or indirectly has infringed, and continues to infringe, at least

claims 16, 17, 19, and 21 of the 613 Patent. 43. Round Rock Research has been and continues to be damaged by Acers

infringement of the 613 Patent. 44. Acer has willfully infringed, and continues to willfully infringe, the 613 Patent

despite having received notice of its infringement from Round Rock Research. 10

COUNT IV Infringement of U.S. Patent No. 6,845,053 45. 46. Paragraphs 1-44 are incorporated by reference as if fully restated herein. Acer has infringed, and continues to infringe, the 053 Patent under 35 U.S.C.

271, either literally and/or under the doctrine of equivalents, directly and/or indirectly, by making, using, offering for sale, selling, and/or importing into the United States infringing products containing embedded multimediacard flash memory, (053 Infringing Products), including at least ICONIA tablet computers (including ICONIA-6120, ICONIA Tab A models (including A100-07u08u, A100-07u08w, A100-07u16u, A100-10S16u, A500-10S32u, and A500-10S16w) and ICONIA Tab W models (including W500-BZ467 and W500P-BZ841)). 47. Acer has also indirectly infringed and continues to indirectly infringe the 053

Patent. Acer has had knowledge of the 053 Patent and its infringement since December 5, 2011 through a letter sent by Round Rock Research concerning that infringement. In addition, Acer has had knowledge of the 053 Patent and its infringement thereof since the Amended Complaint was filed in Civil Action No. 1:11-cv-00977-RGA on December 6, 2011. Acers customers directly infringe the 053 Patent by making, using, selling, and/or offering for sale 053 Infringing Products in the United States. 48. Acer actively, knowingly, and intentionally induced, and continues to actively,

knowingly, and intentionally induce, infringement of the 053 Patent by making, using, offering for sale, and selling 053 Infringing Products, as well as by contracting with others to use, market, sell, and offer to sell 053 Infringing Products, all with knowledge of the 053 Patent and its claims; with knowledge that its customers will use, market, sell, and offer to sell 053 Infringing Products; and with the knowledge and intent to encourage and facilitate those infringing sales and uses of 053 Infringing Products through the creation and dissemination of promotional and marketing materials, instructional materials, product manuals, and technical materials related to 053 Infringing Products.

11

49.

Acer has also contributed to the infringement by others (e.g., Acers customers

and the users of 053 Infringing Products), and continues to contribute to infringement by others, by selling, offering to sell, or importing 053 Infringing Products in the United States, knowing those systems to constitute a material part of the inventions of the 053 Patent, knowing those systems to be especially made or adapted to infringe the 053 Patent, and knowing that those systems are not staple articles or commodities of commerce suitable for substantial noninfringing use. 50. Acer directly and/or indirectly has infringed, and continues to infringe, at least

claims 1, 2, 3, and 24 of the 053 Patent. 51. Round Rock Research has been and continues to be damaged by Acers

infringement of the 053 Patent. 52. Acer has willfully infringed, and continues to willfully infringe, the 053 Patent

despite having received notice of its infringement from Round Rock Research. COUNT V Infringement of U.S. Patent No. 7,138,823 53. 54. Paragraphs 1-52 are incorporated by reference as if fully restated herein. Acer has infringed, and continues to infringe, the 823 Patent under 35 U.S.C.

271, either literally and/or under the doctrine of equivalents, directly and/or indirectly, by making, using, offering for sale, selling, and/or importing into the United States infringing products containing DDR3 memory, (823 Infringing Products), including at least the following products: All in One Z3 models (including AZ3101-U4062, AZ3731-UR21P, and AZ3171-UR30P), All in One Z5 models (including AZ5700-U4002 and AZ5761-UR20P), Aspire M3 models (including AM3400-B4052, AM3400-U4132, AM3410-UR21P, AM3410UR22P, AM3900-U4002, AM3910-U4122, and AM3970-U5022), Aspire One 520 models (including AO522-BZ465, AO522-BZ824, and AO522-BZ897), Aspire One 721 models (including AO721-3620), Aspire One 722 models (including AO722-BZ197, AO722-BZ454,

12

AO722-BZ480, AO722-BZ608, AO722-BZ699, AO722-BZ816, AO722-BZ848, and AO7220611), Aspire One D255 models (including AOD255E-1482, AOD255E-2659, AOD255E2677, AOD255E-12111, AOD255E-12281, AOD255E-13410, AOD255E-13429, AOD255E13444, AOD255E-13471, AOD255E-13492, AOD255E-13493, AOD255E-13608, AOD255E13611, AOD255E-13617, AOD255E-13633, AOD255E-13648, AOD255E-13670, AOD255E13681, AOD255E-13695, AOD255E-13699, AOD255E-13813, AOD255E-13849, AOD255E13865, and AOD255E-13877 and excluding AOD255E-2659 and AOD255E-2677), Aspire One D257 models (including AOD257-1411, AOD257-1437, AOD257-1471, AOD257-1486, AOD257-1648, AOD257-1802, AOD257-1806, AOD257-13404, AOD257-13450, AOD25713472, AOD257-13478, AOD257-13652, AOD257-13685, AOD257-13836, and AOD25713876), Aspire One D260 models (including AOD260-1270), Aspire One Happy 2 Models (including AOHAPPY2-1499, AOHAPPY2-1612, AOHAPPY2-1828, AOHAPPY2-1872, AOHAPPY2-13445, AOHAPPY2-13647, AOHAPPY2-13666, and AOHAPPY2-13875),

Aspire TimelineX models (including AS1830T-6478, AS3820T-6480, AS4820T-6447, AS4820T-6645, AS4820TG-6847, and AS5820T-6401), Aspire X1 models (including AX1420G-U5832, AX1920-UR20P, and AX1920-UR21P), Aspire X3 Models (including AX3400-U4032 and AX3960-U4102), Aspire models (including S4250-BZ637, AS5250BZ641, AS5250-BZ853, AS5250-BZ873, AS5253-BZ480, AS5253-BZ656, AS5253-BZ659, AS5253-BZ660, AS5253-BZ684, AS5253-BZ819, AS5253-BZ873, AS5253-BZ893, AS55523452, AS5552-3891, AS5552-3857, AS5552-5898, AS5552-7474, AS5552-7650, AS5552-7803, AS5552G-7632, AS5552G-7641, AS5560-SB609, AS5560-SB653, AS5560-SB835, AS5560GSB485, AS7551-7422, AS7551-7471, AS7551G-7606, AS7552G-5430, and AS7552G-6436), Gateway ID series models (including ID47H03u, ID47H06u, ID47H07u, and ID57H03u), Gateway LT series models (including LT2802u, LT2805u, and LT2811u), Gateway NV series models (including NV50A02u, NV53A82u, NV53A88u, NV55C48u, NV55S02u, NV55S04u, NV55S13u, NV55S15u, NV57H22u, NV57H43uNV57H45u, NV57H46u, NV57H48u,

NV57H50um NV59C72u, NV59C73u, NV75S02u, NV75S17u, and NV77H05u), Gateway One 13

ZX series models (including ZX4351-UR20P, ZX4971-UR30P, ZX6961-UB20P, ZX6961UB21P, ZX6961-UR20P, ZX6971-UB30P, ZX6971-UB31P, ZX6971-UR30P, and ZX6971UR31P), Iconia Tab W models (including W500-BZ467 and W500P-BZ841), ICONIA models (including ICONIA-6120), NEW Aspire Ethos models (including AS5951G-9694 and AS8951G-9600), NEW Aspire TimelineX models (including AS3830T-6417, AS4830T-6642, AS5830TG-6402, and AS3830TG-6431), Predator G3 models (including AG3600-U4082u and AG3610-UR20P), Predator G7 models (including AG7750-UR22P), Revo 100 models (including RL100-U10002), TravelMate TimelineX models (including TM6495T-6813, TN6595T-6896, TM8172T-6812, TM6473T-6484, TM8473T-6450, TM8481T-6440, TM8573T6497, TM8573T-6834, and TM8573T-6853), TravelMate models (including TM4750-6458, TM8172-6932, TM4750-6867, TM5760-6477, TM5760-6662, and TM5760-6816), Veriton L models (including VL480G-UD5800W, VL480G-UD7601W, VL480G-UD8401W, VL4610GUi3210W, and VL4610G-Ui5240W), Veriton M models (including VM275-UD6701W, VM275-US7601W, VM4618G-Ui3210W, and VM4618G-Ui5240W) Veriton N models (including VN281G-UA425W, VN282G-UD525W, and VN281G-UA425L), Veriton S models (including VS480G-UQ8300W), Veriton X models (including VX2110-UA260W, VX2110BU260W, VX2110-US150W, VX4618G-Ui3210W, VX4618G-Ui5240W, VX488G-UQ8401W, VX4618G-Ui7260W, VX275-UD6701W, VX275-UD5800W, and VX275-UD7601W), and Veriton Z models (including VZ290G-UD5252W and VZ431G-Ui5650W). 55. Acer has also indirectly infringed and continues to indirectly infringe the 823

Patent. Acer has had knowledge of the 823 Patent and its infringement since October 3, 2011 through a letter sent by Round Rock Research concerning that infringement. In addition, Acer has had knowledge of the 823 Patent and its infringement thereof since the original Complaint was filed in Civil Action No. 1:11-cv-00977-RGA on October 14, 2011. Acers customers directly infringe the 823 Patent by making, using, selling, and/or offering for sale 823 Infringing Products in the United States.

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56.

Acer actively, knowingly, and intentionally induced, and continues to actively,

knowingly, and intentionally induce, infringement of the 823 Patent by making, using, offering for sale, and selling 823 Infringing Products, as well as by contracting with others to use, market, sell, and offer to sell 823 Infringing Products, all with knowledge of the 823 Patent and its claims; with knowledge that its customers will use, market, sell, and offer to sell 823 Infringing Products; and with the knowledge and intent to encourage and facilitate those infringing sales and uses of 823 Infringing Products through the creation and dissemination of promotional and marketing materials, instructional materials, product manuals, and technical materials related to 823 Infringing Products. 57. Acer has also contributed to the infringement by others (e.g., Acers customers

and the users of 823 Infringing Products), and continues to contribute to infringement by others, by selling, offering to sell, or importing 823 Infringing Products in the United States, knowing those systems to constitute a material part of the inventions of the 823 Patent, knowing those systems to be especially made or adapted to infringe the 823 Patent, and knowing that those systems are not staple articles or commodities of commerce suitable for substantial noninfringing use. 58. Acer directly and/or indirectly has infringed, and continues to infringe, at least

claims 37, 38, and 40 of the 823 Patent. 59. Round Rock Research has been and continues to be damaged by Acers

infringement of the 823 Patent. 60. Acer has willfully infringed, and continues to willfully infringe, the 823 Patent

despite having received notice of its infringement from Round Rock Research. COUNT VI Infringement of U.S. Patent No. 7,285,979 61. 62. Paragraphs 1-60 are incorporated by reference as if fully restated herein. Acer has infringed, and continues to infringe, the 979 Patent under 35 U.S.C.

271, either literally and/or under the doctrine of equivalents, directly and/or indirectly, by 15

making, using, offering for sale, selling, and/or importing into the United States infringing products containing DDR3 memory (979 Infringing Products) including at least All in One Z3 models (including AZ3101-U4062, AZ3731-UR21P, AZ3171-UR30P), All in One Z5 models (including AZ5700-U4002 and AZ5761-UR20P), Aspire M3 models (including AM3400B4052, AM3400-U4132, AM3410-UR21P, AM3410-UR22P, AM3900-U4002, AM3910U4122, and AM3970-U5022), Aspire One 520 models (including AO522-BZ465, AO522BZ824, and AO522-BZ897), Aspire One 721 models (AO721-3620), Aspire One 722 models (including AO722-BZ197, AO722-BZ454, AO722-BZ480, AO722-BZ608, AO722-BZ699, AO722-BZ816, AO722-BZ848, and AO722-0611), Aspire One D255 models (including AOD255E-1482, AOD255E-2659, AOD255E-2677, AOD255E-12111, AOD255E-12281, AOD255E-13410, AOD255E-13429, AOD255E-13444, AOD255E-13471, AOD255E-13492, AOD255E-13493, AOD255E-13608, AOD255E-13611, AOD255E-13617, AOD255E-13633, AOD255E-13648, AOD255E-13670, AOD255E-13681, AOD255E-13695, AOD255E-13699, AOD255E-13813, AOD255E-13849, AOD255E-13865, and AOD255E-13877 and excluding AOD255E-2659 and AOD255E-2677), Aspire One D257 models (including AOD257-1411, AOD257-1437, AOD257-1471, AOD257-1486, AOD257-1648, AOD257-1802, AOD257-1806, AOD257-13404, AOD257-13450, AOD257-13472, AOD257-13478, AOD257-13652, AOD25713685, AOD257-13836, and AOD257-13876), Aspire One D260 models (including AOD2601270), Aspire One Happy 2 Models (including AOHAPPY2-1499, AOHAPPY2-1612, AOHAPPY2-1828, AOHAPPY2-1872, AOHAPPY2-13445, AOHAPPY2-13647, AOHAPPY213666, and AOHAPPY2-13875), Aspire TimelineX models (including AS1830T-6478, AS3820T-6480, AS4820T-6447, AS4820T-6645, AS4820TG-6847, and AS5820T-6401), Aspire X1 models (including AX1420G-U5832, AX1920-UR20P, and AX1920-UR21P), Aspire X3 Models (including AX3400-U4032 and AX3960-U4102), Aspire models (including S4250-BZ637, AS5250-BZ641, AS5250-BZ853, AS5250-BZ873, AS5253-BZ480, AS5253BZ656, AS5253-BZ659, AS5253-BZ660, AS5253-BZ684, AS5253-BZ819, AS5253-BZ873, AS5253-BZ893, AS5552-3452, AS5552-3891, AS5552-3857, AS5552-5898, AS5552-7474, 16

AS5552-7650, AS5552-7803, AS5552G-7632, AS5552G-7641, AS5560-SB609, AS5560SB653, AS5560-SB835, AS5560G-SB485, AS7551-7422, AS7551-7471, AS7551G-7606, AS7552G-5430, and AS7552G-6436), Gateway ID series models (including ID47H03u, ID47H06u, ID47H07u, and ID57H03u), Gateway LT series models (including LT2802u, LT2805u, and LT2811u), Gateway NV series models (including NV50A02u, NV53A82u, NV53A88u, NV55C48u, NV55S02u, NV55S04u, NV55S13u, NV55S15u, NV57H22u, NV57H43uNV57H45u, NV57H46u, NV57H48u, NV57H50um NV59C72u, NV59C73u, NV75S02u, NV75S17u, and NV77H05u), Gateway One ZX series models (including ZX4351UR20P, ZX4971-UR30P, ZX6961-UB20P, ZX6961-UB21P, ZX6961-UR20P, ZX6971-UB30P, ZX6971-UB31P, ZX6971-UR30P, and ZX6971-UR31P), Iconia Tab W models (including W500-BZ467 and W500P-BZ841), ICONIA models (including ICONIA-6120), NEW Aspire Ethos models (including AS5951G-9694 and AS8951G-9600), NEW Aspire TimelineX models (including AS3830T-6417, AS4830T-6642, AS5830TG-6402, and AS3830TG-6431), Predator G3 models (including AG3600-U4082u and AG3610-UR20P), Predator G7 models (including AG7750-UR22P), Revo 100 models (including RL100-U10002), TravelMate TimelineX models (including TM6495T-6813, TN6595T-6896, TM8172T-6812, TM6473T6484, TM8473T-6450, TM8481T-6440, TM8573T-6497, TM8573T-6834, and TM8573T-6853), TravelMate models (including TM4750-6458, TM8172-6932, TM4750-6867, TM5760-6477, TM5760-6662, and TM5760-6816), Veriton L models (including VL480G-UD5800W, VL480G-UD7601W, VL480G-UD8401W, VL4610G-Ui3210W, and VL4610G-Ui5240W), Veriton M models (including VM275-UD6701W, VM275-US7601W, VM4618G-Ui3210W, and VM4618G-Ui5240W), Veriton N models (including VN281G-UA425W, VN282GUD525W, and VN281G-UA425L), Veriton S models (including VS480G-UQ8300W), Veriton X models (including VX2110-UA260W, VX2110-BU260W, VX2110-US150W, VX4618GUi3210W, VX4618G-Ui5240W, VX488G-UQ8401W, VX4618G-Ui7260W, VX275-

UD6701W, VX275-UD5800W, and VX275-UD7601W), and Veriton Z models (including VZ290G-UD5252W and VZ431G-Ui5650W). 17

63.

Acer has also indirectly infringed, and continues to indirectly infringe, the 979

Patent. Acer has had knowledge of the 979 Patent and its infringement since March 30, 2011 through a letter sent by Round Rock Research concerning that infringement. In addition, Acer has had knowledge of the 979 Patent and its infringement thereof since the original Complaint was filed in Civil Action No. 1:11-cv-00977-RGA on October 14, 2011. Acers customers directly infringe the 979 Patent by making, using, selling, and/or offering for sale 979 Infringing Products. 64. Acer actively, knowingly, and intentionally induced, and continues to actively,

knowingly, and intentionally induce, infringement of the 979 Patent by making, using, offering for sale, and selling 979 Infringing Products, as well as by contracting with others to use, market, sell, and offer to sell 979 Infringing Products, all with knowledge of the 979 Patent and its claims; with knowledge that its customers will use, market, sell, and offer to sell the 979 Infringing Products; and with the knowledge and intent to encourage and facilitate those infringing sales and uses of 979 Infringing Products through the creation and dissemination of promotional and marketing materials, instructional materials, product manuals, and technical materials related to 979 Infringing Products. 65. Acer has also contributed to the infringement by others (e.g., Acers customers

and the users of 979 Infringing Products), and continues to contribute to infringement by others, by selling, offering to sell, or importing 979 Infringing Products in the United States, knowing those systems to constitute a material part of the inventions of the 979 Patent, knowing those systems to be especially made or adapted to infringe the 979 Patent, and knowing that those systems are not staple articles or commodities of commerce suitable for substantial noninfringing use. 66. Acer directly and/or indirectly has infringed, and continues to infringe, at least

claims 33, 34, and 36 of the 979 Patent. 67. Round Rock Research has been and continues to be damaged by Acers

infringement of the 979 Patent. 18

68.

Acer has willfully infringed, and continues to willfully infringe, the 979 Patent

despite having received notice of its infringement from Round Rock Research. COUNT VII Infringement of U.S. Patent No. 7,336,531 69. 70. Paragraphs 1-68 are incorporated by reference as if fully restated herein. Acer has infringed, and continues to infringe, the 531 Patent under 35 U.S.C.

271, either literally and/or under the doctrine of equivalents, directly and/or indirectly, by making, using, offering for sale, selling, and/or importing into the United States infringing products containing solid state drives, (531 Infringing Products), including at least the Acer AC700 and the ICONIA tablet computers (including at least the ICONIA-6120, ICONIA Tab A models (including A100-07u08u, A100-07u08w, A100-07u16u, A100-10S16u, A500-10S32u, and A500-10S16w) and ICONIA Tab W models (including W500-BZ467 and W500P-BZ841)). 71. Acer has also indirectly infringed, and continues to indirectly infringe, the 531

Patent. Acer has had knowledge of the 531 Patent and its infringement since December 5, 2011 through a letter sent by Round Rock Research concerning that infringement. In addition, Acer has had knowledge of the 531 Patent and its infringement thereof since the amended Complaint was filed in Civil Action No. 1:11-cv-00977-RGA on December 6, 2011. 72. Acer actively, knowingly, and intentionally induced, and continues to actively,

knowingly, and intentionally induce, infringement of the 531 Patent by making, using, offering for sale, and selling 531 Infringing Products, as well as by contracting with others to use, market, sell, and offer to sell 531 Infringing Products, all with knowledge of the 531 Patent and its claims; with knowledge that its customers will use, market, sell, and offer to sell 531 Infringing Products; and with the knowledge and intent to encourage and facilitate those infringing sales and uses of 531 Infringing Products through the creation and dissemination of promotional and marketing materials, instructional materials, product manuals, and technical materials related to 531 Infringing Products.

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73.

Acer has also contributed to the infringement by others (e.g., Acers customers

and the users of 531 Infringing Products), and continues to contribute to infringement by others, by selling, offering to sell, or importing 531 Infringing Products in the United States, knowing those systems to constitute a material part of the inventions of the 531 Patent, knowing those systems to be especially made or adapted to infringe the 531 Patent, and knowing that those systems are not staple articles or commodities of commerce suitable for substantial noninfringing use. 74. Acer directly and/or indirectly has infringed, and continues to infringe, at least

claims 7 and 10 of the 531 Patent. 75. Round Rock Research has been and continues to be damaged by Acers

infringement of the 531 Patent. 76. Acer has willfully infringed, and continues to willfully infringe, the 531 Patent

despite having received notice of its infringement from Round Rock Research. COUNT VIII Infringement of U.S. Patent No. 7,389,369 77. 78. Paragraphs 1-76 are incorporated by reference as if fully restated herein. Acer has infringed, and continues to infringe, the 369 Patent under 35 U.S.C.

271, either literally and/or under the doctrine of equivalents, directly and/or indirectly, by making, using, offering for sale, selling, and/or importing into the United States infringing products containing DDR2 or DDR3 memory, (369 Infringing Products), including at least All in One Z3 models (including AZ3101-U4062 and AZ3171-UR30P), Aspire M3 models (including AM3400-B4052, AM3400-U4132, AM3410-UR21P, and AM3410-UR22P), Aspire One 522 models (including AO522-BZ465, AO522-BZ824, and AO522-BZ897), Aspire One 721 models (including AO721-3620), Aspire One 722 models (including AO722-BZ197, AO722-BZ454, AO722-BZ480, AO722-BZ608, AO722-BZ699, AO722-BZ816, AO722BZ848, and AO722-0611), Aspire X1 models (including AX1420G-U5832), Aspire X3 models (including AX3400-U4032), Aspire models (including S4250-BZ637, AS5250-BZ641, 20

AS5250-BZ853, AS5250-BZ873, AS5253-BZ480, AS5253-BZ656, AS5253-BZ659, AS5253BZ660, AS5253-BZ684, AS5253-BZ819, AS5253-BZ873, AS5253-BZ893, AS5552-3452, AS5552-3891, AS5552-3857, AS5552-5898, AS5552-7474, AS5552-7650, AS5552-7803, AS5552G-7632, AS5552G-7641, AS5560-SB609, AS5560-SB653, AS5560-SB835, AS5560GSB485, AS7551-7422, AS7551-7471, AS7551G-7606, AS7552G-5430, and AS7552G-6436), Gateway NV models (including NV50A02u, NV53A82u, NV53A88u, NV55S02u, NV55S04u, NV55S13u, NV55S15u, NV75S02u, and NV75S17u), Gateway ZX models (including ZX4351UR20P), ICONIA Tab W series models (including W500-BZ467 and W500P-BZ841), Revo 100 models (including RL100-U1002), and Veriton X models (including VX2110-UA260W, VX2110-BU260W, and VX2110-US150W). 79. Acer has also indirectly infringed, and continues to indirectly infringe, the 369

Patent. Acer has had knowledge of the 369 Patent and its infringement since at least June 9, 2011 through a presentation made by Round Rock Research concerning that infringement. In addition, Acer has had knowledge of the 369 Patent and its infringement thereof since the original Complaint was filed in Civil Action No. 1:11-cv-00977-RGA on October 14, 2011. 80. Acer actively, knowingly, and intentionally induced, and continues to actively,

knowingly, and intentionally induce, infringement of the 369 Patent by making, using, offering for sale, and selling 369 Infringing Products, as well as by contracting with others to use, market, sell, and offer to sell 369 Infringing Products, all with knowledge of the 369 Patent and its claims; with knowledge that its customers will use, market, sell, and offer to sell 369 Infringing Products; and with the knowledge and intent to encourage and facilitate those infringing sales and uses of 369 Infringing Products through the creation and dissemination of promotional and marketing materials, instructional materials, product manuals, and technical materials related to 369 Infringing Products. 81. Acer has also contributed to the infringement by others (e.g., Acers customers

and the users of 369 Infringing Products), and continues to contribute to infringement by others, by selling, offering to sell, or importing 369 Infringing Products in the United States, knowing 21

those systems to constitute a material part of the inventions of the 369 Patent, knowing those systems to be especially made or adapted to infringe the 369 Patent, and knowing that those systems are not staple articles or commodities of commerce suitable for substantial noninfringing use. 82. Acer directly and/or indirectly has infringed, and continues to infringe, at least

claims 8, 10, 14, and 16 of the 369 Patent. 83. Round Rock Research has been and continues to be damaged by Acers

infringement of the 369 Patent. 84. Acer has willfully infringed, and continues to willfully infringe, the 369 Patent

despite having received notice of its infringement from Round Rock Research. PRAYER FOR RELIEF Wherefore, Plaintiff Round Rock Research respectfully requests that this Court enter judgment against the Acer Defendants as follows: a) adjudging that the Defendants have infringed, induced infringement of, and/or

contributorily infringed, literally or under the doctrine of equivalents, U.S. Patent No. 5,787,174; b) adjudging that the Defendants have infringed, induced infringement of, and/or

contributorily infringed, literally or under the doctrine of equivalents, U.S. Patent No. 5,991,843; c) adjudging that the Defendants have infringed, induced infringement of, and/or

contributorily infringed, literally or under the doctrine of equivalents, U.S. Patent No. 6,002,613; d) adjudging that the Defendants have infringed, induced infringement of, and/or

contributorily infringed, literally or under the doctrine of equivalents, U.S. Patent No. 6,845,053; e) adjudging that the Defendants have infringed, induced infringement of, and/or

contributorily infringed, literally or under the doctrine of equivalents, U.S. Patent No. 7,138,823; f) adjudging that the Defendants have infringed, induced infringement of, and/or

contributorily infringed, literally or under the doctrine of equivalents, U.S. Patent No. 7,285,979;

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g)

adjudging that the Defendants have infringed, induced infringement of, and/or

contributorily infringed, literally or under the doctrine of equivalents, U.S. Patent No. 7,336,531; h) adjudging that the Defendants have infringed, induced infringement of, and/or

contributorily infringed, literally or under the doctrine of equivalents, U.S. Patent No. 7,389,369; i) j) adjudging that the Defendants infringement has been willful; awarding Round Rock Research the damages to which it is entitled under 35

U.S.C. 284 for Defendants past infringement and any continuing or future infringement up until the date Defendants are finally and permanently enjoined from further infringement, including both compensatory damages and enhanced/treble damages for willful infringement, and ordering a full accounting of same; k) l) damages; and m) awarding Round Rock Research such other and further relief in law or equity that finding that this case is exceptional under 35 U.S.C. 285; awarding Round Rock Research pre-judgment and post-judgment interest on its

the Court deems just and proper. DEMAND FOR JURY TRIAL Round Rock Research hereby demands a trial by jury on all claims and issues so triable.

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Dated: August 27, 2013

FARNAN LLP /s/ Brian E. Farnan Brian E. Farnan (Bar No. 4089) Michael J. Farnan (Bar No. 5165) 919 North Market Street 12th Floor Wilmington, DE 19801 (302) 777-0300 (302) 777-0301 bfarnan@farnanlaw.com

Of Counsel: Paul A. Bondor Jonas R. McDavit Lauren M. Nowierski Edward Terchunian DESMARAIS LLP 230 Park Avenue New York, NY 10169 (212) 351-3400 (212) 351-3401 pbondor@desmaraisllp.com jmcdavit@desmaraisllp.com lnowierski@desmaraisllp.com eterchunian@desmaraisllp.com

Counsel for Plaintiff

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