On September 4, 2014, NVIDIA Corp. of Santa Clara, California ("NVIDIA") filed a complaint requesting that the ITC commence an investigation pursuant to Section 337.
The complaint alleges that Samsung Electronics Co., Ltd. of South Korea, Samsung Electronics America, Inc. of Ridgefield Park, New Jersey, Samsung Telecommunications America, LLC of Richardson, Texas, and Samsung Semiconductor, Inc. of San Jose, California (collectively, "Samsung"), and Qualcomm, Inc. of San Diego, California ("Qualcomm") (all collectively, the "Proposed Respondents") unlawfully import into the U.S., sell for importation, and/or sell within the U.S. after importation certain consumer electronics and display devices with graphics processing and graphics processing units (GPUs), and the processors and chipsets used in those devices that contain GPUs, that infringe one or more claims of U.S. Patent Nos. 6,198,488 (the '488 patent), 6,992,667 (the '667 patent), 7,038,685 (the '685 patent), 7,015,913 (the '913 patent), 6,697,063 (the '063 patent), 7,209,140 (the '140 patent), and 6,690,372 (the '372 patent) (collectively, the "asserted patents").
According to the complaint, the asserted patents generally relate to graphics processing technology. In particular, the '488 patent relates to a graphics pipeline system on a single semiconductor platform that is used for graphics processing and multithreaded parallel processing of graphics data. The '667 patent relates to a graphics pipeline system on a single semiconductor platform that is used for graphics processing with skinning, swizzling, and masking capabilities. The '685 patent relates to a multi-threaded execution of program instructions for processing different types of samples, such as pixel and vertex data, in a unified shader architecture. The '913 patent relates to scheduling multi-threaded processing of samples of graphics data, such as vertex and pixel samples, in an order independent of the order in which they are received. The '063 patent relates to a pipeline system that renders computer graphics primitives for use in computer display systems. The '140 patent relates to a method and system for performing programmable graphics calculations in a hardware graphics accelerator. Lastly, the '372 patent relates to a method and system for performing programmable shading calculations in a graphics pipeline.
In the complaint, NVIDIA states that the Proposed Respondents import and sell products that infringe the asserted patents. The complaint specifically refers to various Qualcomm Snapdragon processors that use GPUs referred to commercially as Adreno, which are incorporated into Samsung products. The complaint also specifically refers to various additional Samsung products.
Regarding domestic industry, NVIDIA states that it is "an American success story and a quintessential domestic industry." NVIDIA states that it currently employs nearly 9,000 people, has shipped more than one billion GPUs, and generated more than $4.1 billion in revenues in its fiscal year ended January 26, 2014. NVIDIA further states that its domestic facilities used for research and development and manufacturing tasks associated with products protected by the asserted patents comprise almost 1.3 million square feet. NVIDIA specifically refers to, inter alia, its Kepler architecture, GeForce GTX Titan Z, and Tegra K1 processors as representative domestic industry products. NVIDIA also refers to the U.S. activities of its licensees, including Intel Corp.
As to related litigation, NVIDIA states that, concurrently with the filing of the instant ITC complaint, it is also filing suit against the Proposed Respondents in the U.S. District Court for the District of Delaware, alleging infringement of the asserted patents.
With respect to potential remedy, NVIDIA requests that the Commission issue a limited exclusion order and permanent cease and desist orders directed at the Proposed Respondents and related entities.