On September 12, 2016, R2 Semiconductor, Inc. of Sunnyvale, California (“R2”) 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 integrated circuits with voltage regulators and products containing same that infringe one or more claims of U.S. Patent No. 8,233,250 (the ’250 patent):

  • Intel Corp. of Santa Clara, California
  • Intel Ireland Ltd. of Ireland
  • Intel Products Vietnam Co., Ltd. of Vietnam
  • Intel Israel 74 Ltd. of Israel
  • Intel Malaysia Sdn. Berhad of Malaysia
  • Intel China, Ltd. of China
  • Dell, Inc. of Round Rock, Texas
  • Dell Technologies Inc. of Round Rock, Texas
  • HP Inc. of Palo Alto, California
  • Hewlett Packard Enterprise Co. of Palo Alto, California

According to the complaint, the ’250 patent generally relates to voltage spike protection for switching voltage regulators. In particular, the ’250 patent discloses novel methods and structures for forming circuitry to protect switching elements of a voltage regulator from transient voltages, which can allow for fast low-loss switching operations without degradation of reliability.

In the complaint, R2 states that the Proposed Respondents import and sell products that infringe the asserted patents. The complaint specifically refers to microprocessors that incorporate Intel’s Fully Integrated Voltage Regulator technology—such as Intel Haswell and Broadwell processors—and computer products that incorporate such processors, as infringing products.

Regarding domestic industry, R2 states that it designs and develops voltage regulating integrated circuit chips with voltage spike protection in the U.S. that practice claims of the ’250 patent. R2 specifically refers to its facilities, equipment, and personnel in California to support its domestic industry allegations. R2 further states that its domestic research and development expenses were approximately $20 million from 2014 through the first half of 2016.

As to related litigation, R2 states that, concurrently with the filing of the instant ITC complaint, it is also filing a complaint against certain of the Proposed Respondents in the U.S. District Court for the Eastern District of Texas alleging infringement of the ’250 patent.

With respect to potential remedy, R2 requests that the Commission issue a permanent limited exclusion order and a permanent cease and desist order directed at the Proposed Respondents and related entities.