EXHIBIT 1 

Case 6:20-cv-00245-ADA Document 48-1 Filed 11/09/21 Page 1 of 13
IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF TEXAS

WACO DIVISION

CADDO SYSTEMS, INC., 511 

TECHNOLOGIES, INC.

Plaintiffs,

v.

MICROCHIP TECHNOLOGY INC.,

Defendant.

CA No. 6:20-CV-00245-ADA

DEMAND FOR JURY TRIAL

PLAINTIFFS’ PRELIMINARY INFRINGEMENT CONTENTIONS

Pursuant to the Court’s Order Governing Proceedings – Patent Case (Dkt. 15), Plaintiffs

Caddo Systems, Inc. and 511 Technologies, Inc. (“Caddo” or “Plaintiffs”), by and through their

attorneys, hereby serve its Preliminary Infringement Contentions. Plaintiffs are also producing 

(1) all documents in the possession or custody of Plaintiffs evidencing conception and reduction 

to practice for each claimed invention, and (2) a copy of the file history for each Asserted Patent. 

These contentions address the infringement of U.S. Patent Nos. 7,191,411 (“’411 patent”), 

7,216,301 (“’301 patent”), 7,640,517 (“’517 patent”), 7,725,836 (“’836 patent”), 8,352,880 

(“’880 patent”), and 10,037,127 (“’127 patent”) (collectively, “Asserted Patents”) by Microchip 

Technology Inc. (“Microchip” or “Defendant”). These contentions also identify Accused 

Instrumentalities as defined below.

This disclosure is made solely for the purpose of this action. This disclosure is subject to 

all objections as to competence, relevance, materiality, propriety, and admissibility, and to any 

other objections on grounds that would require the exclusion of statements contained herein if 

such disclosure were asked of, or statement contained herein were made by, a witness present 

Case 6:20-cv-00245-ADA Document 48-1 Filed 11/09/21 Page 2 of 13
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and testifying in court, all of which objections and grounds are expressly reserved and may be 

interposed at the time of trial.

At the time of exchanging these contentions with Microchip, no discovery has been 

undertaken by either party and Caddo’s investigation of Microchip’s infringement is ongoing. 

Moreover, Caddo has yet to receive any production of any core technical documents and 

therefore this disclosure is based in large part upon information that Caddo has been able to 

obtain publicly, together with Caddo’s current good faith beliefs regarding the Accused 

Instrumentalities.

1

This disclosure is given without prejudice to Caddo’s rights, and Caddo hereby expressly 

reserves its rights and ability to further supplement or amend its contentions, including without 

limitation to add asserted claims or accused methods/products as additional facts are ascertained, 

analyses are made, research is completed, contentions are made, and claims are construed. The 

following disclosures are made subject to and without waiving any of the foregoing.

I. THE ASSERTED CLAIMS

Caddo, based on the information presently available to it, asserts that Microchip infringes 

each of the following claims:

Asserted Patent Asserted Claims Priority Date2

The ’411 Patent Claims 1-4 and 6 at least as early as Jun. 6, 2002 based on 

U.S. Application No. 10/164,520

The ’301 Patent Claims 1-5 and 9 at least as early as Jun. 6, 2002 based on U.S. 

Application No. 10/164,520

1 While the Court uses the term “accused product(s)” in its Order (Dkt. 15, § 2), it should be 

understood that the infringement of an “Accused Instrumentality” as described herein includes 

the use of systems, devices, components, and other instrumentalities that meets the standards for 

infringement under 35 U.S.C. § 271. 

2 Caddo makes this disclosure without waiving any argument that it is entitled to an earlier date 

of invention based on activities predating the filing of the applications identified above. 

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The ’517 Patent Claims 1-6 at least as early as Jun. 6, 2002 based on U.S. 

Application No. 10/164,520

The ’836 Patent Claims 1-5 and 7-8 at least as early as Jun. 6, 2002 based on U.S. 

Application No. 10/164,520

The ’880 Patent Claims 1, 3-10, 12-

20, and 22

at least as early as Jun. 6, 2002 based on U.S. 

Application No. 10/164,520

The ’127 Patent Claims 1, 3-11, 13-

14, 16-24, and 26

at least as early as Jun. 6, 2002 based on U.S. 

Application No. 10/164,520

II. ACCUSED INSTRUMENTALITIES & PRELIMINARY INFRINGEMENT 

CLAIM CHARTS

Caddo, based on the information presently available to it, identifies the following 

Accused Instrumentalities that infringe the Asserted Claims as described in the attached claim

charts (Exhibits A-F).

A. The ’411 Patent

All of the Asserted Claims of the ’411 patent are infringed by each of the “’411 Accused 

Instrumentalities” defined collectively to include, without limitation: (i) web pages and content, 

including user interfaces such as a hierarchical collapsing menu structure, to be interactively 

presented in browsers, including, without limitation, the web pages and content accessible via 

https://www.microchip.com/ and maintained on servers located in and/or accessible from the 

United States under the control of Defendant that allow navigation within a multi-level 

hierarchical collapsing menu structure, where each level in the menu structure contains plural 

items, each item being at least one of a function, a pointer to a location, and a pointer to another 

level; (ii) software, including, without limitation, software that allows web pages and content, 

including a hierarchical collapsing menu structure, to be interactively presented in and/or served 

to browsers to facilitate navigating within a multi-level hierarchical collapsing menu structure, 

where each level in the menu structure contains plural items, each item being at least one of a 

function, a pointer to a location, and a pointer to another level; (iii) computer equipment 

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including, without limitation, computer equipment that stores, serves, hosts, supports, and/or 

runs any of the foregoing or that allows navigating within a multi-level hierarchical collapsing 

menu structure, where each level in the menu structure contains plural items, each item being at 

least one of a function, a pointer to a location, and a pointer to another level, and any products, 

devices, systems, and/or components of systems with the same or substantially the same 

technical features and/or functionalities with respect to Caddo’s preliminary infringement 

contentions as any of the foregoing (hereinafter, the “’411 Accused Instrumentalities”) that were 

or are designed, developed, tested, made, used, offered for sale, sold in the United States, 

imported into the United States, or that have a nexus to the United States.

B. ’301 Patent

All of the Asserted Claims of the ’301 patent are infringed by use of each of the “’301 

Accused Instrumentalities” defined collectively to include, without limitation: (i) web pages and 

content, including user interfaces such as a hierarchical information structure, to be interactively 

presented in browsers, including, without limitation, the web pages and content accessible via 

https://www.microchip.com/ and maintained on servers located in and/or accessible from the 

United States under the control of Defendant that allow navigating a multi-level hierarchical 

information structure, where each level in the information structure contains plural items, each 

item being at least one of a function, a pointer to a location, and a pointer to another level; (ii) 

software, including, without limitation, software that allows web pages and content to be 

interactively presented in and/or served to browsers to facilitate navigating within a multi-level 

hierarchical information structure, where each level in the information structure contains plural 

items, each item being at least one of a function, a pointer to a location, and a pointer to another 

level; (iii) computer equipment, including, without limitation, computer equipment that stores, 

serves, hosts, supports, and/or runs any of the foregoing or that allows navigating within a multiCase 6:20-cv-00245-ADA Document 48-1 Filed 11/09/21 Page 5 of 13
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level hierarchical information structure, where each level in the information structure contains 

plural items, each item being at least one of a function, a pointer to a location, and a pointer to 

another level, and any products, devices, systems, and/or components of systems with the same or 

substantially the same technical features and/or functionalities with respect to Caddo’s preliminary 

infringement contentions as any of the foregoing (hereinafter, the “’301 Accused 

Instrumentalities”) that were or are designed, developed, tested, made, used, offered for sale, sold 

in the United States, imported into the United States, or that have a nexus to the United States.

C. ’517 Patent

All of the Asserted Claims of the ’517 patent are infringed by use of each of the “’517 

Accused Instrumentalities” defined collectively to include, without limitation: (i) web pages and 

content, including user interfaces such as a hierarchical menu structure, to be interactively 

presented in browsers, including, without limitation, the web pages and content accessible via 

https://www.microchip.com/ and maintained on servers located in and/or accessible from the 

United States under the control of Defendant that allow navigating within a hierarchical menu 

structure, where each level in the menu contains plural items; (ii) software, including, without 

limitation, software that allows web pages and content to be interactively presented in and/or 

served to browsers to facilitate navigating within a hierarchical menu structure, where each level 

in the menu contains plural items; (iii) computer equipment, including, without limitation, 

computer equipment that stores, serves, hosts, supports, and/or runs any of the foregoing or that 

allows navigating within a hierarchical menu structure, where each level in the menu contains 

plural items, and any products, devices, systems, and/or components of systems with the same or 

substantially the same technical features and/or functionalities with respect to Caddo’s preliminary 

infringement contentions as any of the foregoing (hereinafter, the “’517 Accused 

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Instrumentalities”) that were or are designed, developed, tested, made, used, offered for sale, sold 

in the United States, imported into the United States, or that have a nexus to the United States. 

D. The ’836 Patent

All of the Asserted Claims of the ’836 patent are infringed by use of each of the “’836 

Accused Instrumentalities” defined collectively to include, without limitation: (i) web pages and 

content, including user interfaces such as a hierarchical information structure, to be interactively 

presented in browsers, including, without limitation, the web pages and content accessible via 

https://www.microchip.com/ and maintained on servers located in and/or accessible from the 

United States under the control of Defendant that allow navigating within a multi-level hierarchical 

information structure where each level in the menu contains plural items, each said item being at 

least one of a function, a pointer to a location, and a pointer to another level; (ii) software, 

including, without limitation, software that allows web pages and content to be interactively 

presented in and/or served to browsers to facilitate navigating within a multi-level hierarchical 

information structure where each level in the menu contains plural items, each said item being at 

least one of a function, a pointer to a location, and a pointer to another level; (iii) computer 

equipment, including, without limitation, computer equipment that stores, serves, hosts, supports, 

and/or runs any of the foregoing or that allows navigating within a multi-level hierarchical 

information structure where each level in the menu contains plural items, each said item being at 

least one of a function, a pointer to a location, and a pointer to another level, and any products, 

devices, systems, and/or components of systems with the same or substantially the same technical 

features and/or functionalities with respect to Caddo’s preliminary infringement contentions as 

any of the foregoing (hereinafter, the “’836 Accused Instrumentalities”) that were or are designed, 

developed, tested, made, used, offered for sale, sold in the United States, imported into the United 

States, or that have a nexus to the United States. 

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E. The ’880 Patent

All of the Asserted Claims of the ’880 patent are infringed by use of each of the “’880 

Accused Instrumentalities” defined collectively to include, without limitation: (i) web pages and 

content, including user interfaces such as an information structure, to be interactively presented in 

browsers, including, without limitation, the web pages and content accessible via 

https://www.microchip.com/ and maintained on servers located in and/or accessible from the 

United States under the control of Defendant that allow navigating an information structure; (ii) 

software, including, without limitation, software that allows web pages and content to be 

interactively presented in and/or served to browsers to facilitate navigating an information 

structure; (iii) computer equipment, including, without limitation, computer equipment that stores, 

serves, hosts, supports, and/or runs any of the foregoing or that allows navigating an information 

structure, and any products, devices, systems, and/or components of systems with the same or 

substantially the same technical features and/or functionalities with respect to Caddo’s preliminary 

infringement contentions as any of the foregoing (hereinafter, the “’880 Accused 

Instrumentalities”) that were or are designed, developed, tested, made, used, offered for sale, sold 

in the United States, imported into the United States, or that have a nexus to the United States. 

F. The ’127 Patent

All of the Asserted Claims of the ’127 patent are infringed by use of each of the “’127 

Accused Instrumentalities ” defined collectively to include, without limitation: (i) web pages and 

content, including user interfaces such as an information structure, to be interactively presented in 

browsers, including, without limitation, the web pages and content accessible via 

https://www.microchip.com/ and maintained on servers located in and/or accessible from the 

United States under the control of Defendant that allow navigating an information structure; (ii) 

software, including, without limitation, software that allows web pages and content to be 

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interactively presented in and/or served to browsers to facilitate navigating an information 

structure; (iii) computer equipment, including, without limitation, computer equipment that stores, 

serves, hosts, supports, and/or runs any of the foregoing or that allows navigating an information 

structure, and any products, devices, systems, and/or components of systems with the same or 

substantially the same technical features and/or functionalities with respect to Caddo’s preliminary 

infringement contentions as any of the foregoing (hereinafter, the “’127 Accused 

Instrumentalities”) that were or are designed, developed, tested, made, used, offered for sale, sold 

in the United States, imported into the United States, or that have a nexus to the United States. 

III. CLAIM CHARTS

Exhibit A is a claim chart identifying where each element of each Asserted Claim of the 

’411 patent is found within the ’411 Accused Instrumentalities. 

Exhibit B is a claim chart identifying where each element of each Asserted Claim of the 

’301 patent is found within the ’301 Accused Instrumentalities. 

Exhibit C is a claim chart identifying where each element of each Asserted Claim of the 

’517 patent is found within the ’517 Accused Instrumentalities. 

Exhibit D is a claim chart identifying where each element of each Asserted Claim of the 

’836 patent is found within the ’836 Accused Instrumentalities. 

Exhibit E is a claim chart identifying where each element of each Asserted Claim of the 

’880 patent is found within the ’880 Accused Instrumentalities. 

Exhibit F is a claim chart identifying where each element of each Asserted Claim of the 

’127 patent is found within the ’127 Accused Instrumentalities. 

Any citations included in the charts are exemplary only, and are not limiting. Caddo 

notes that Microchip has not yet provided discovery in this matter because non-venue discovery 

is stayed and Caddo has prepared these charts based on the limited information presently 

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available to it. Caddo has subdivided the Asserted Claims in the charts to explain where the 

Accused Instrumentalities meet each claim element. These subdivisions are not to be taken as an 

indication of the boundaries of claim elements with respect to the doctrine of equivalents, or any 

other issue. In addition, the Accused Instrumentalities and Defendant’s other products/services 

or use thereof may infringe the Asserted Claims in multiple ways. Caddo reserves the right to 

provide an alternative claim mapping or infringement contentions for the Accused 

Instrumentalities or Defendant’s other products/services. Caddo further reserves the right to rely 

upon the opinions of one or more experts in support of its infringement contentions and/or 

modifications and revisions thereof. Caddo accordingly reserves its right to amend or 

supplement these charts upon obtaining relevant information during discovery. 

IV. DIRECT AND INDIRECT INFRINGEMENT

1. Direct and Indirect Infringement

Caddo contends that Microchip directly infringes each of the Asserted Claims under 35 

U.S.C. § 271(a) each time that it makes, uses, tests, and/or hosts in the United States the Accused 

Instrumentalities, or products, devices, systems, and/or components of systems, that practice the 

claimed methods as described in further detail in Exhibits A-F. Microchip directly infringes 

each of the Asserted Claims under 35 U.S.C. § 271(a) each time that it imports the Accused 

Instrumentalities into the United States. Microchip’s customers similarly directly infringe each 

of the Asserted Claims under 35 U.S.C. § 271(a) each time that a customer uses in the United 

States any of the Accused Instrumentalities that perform the claimed methods as described in 

further detail in Exhibits A-F. To the extent that the Accused Instrumentalities are made such 

that some elements are supplied or provided by Microchip’s business partners, service providers, 

or third-party vendors (none of which have yet been disclosed in discovery), Microchip and such 

third parties are liable for joint infringement of such claims.

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Microchip additionally infringes each of the Asserted Claims pursuant to § 271(b) by 

inducing infringement of each of the Asserted Claims, such as by end users and customers of the 

Accused Instrumentalities. Microchip actively induces infringement of third parties by (a) 

providing the Accused Instrumentalities to third parties and intending them to use; (b) 

advertising these Accused Instrumentalities through Microchip’s own and through third party 

websites; (c) encouraging customers and other third parties to communicate directly with 

Microchip representatives about the Accused Instrumentalities for purposes of technical 

assistance and repair as well as sales and marketing; (d) providing instructions as to how to use 

the Accused Instrumentalities in an infringing manner (as further explained in Exhibits A-F), 

thereby making, importing into the United States, and/or using the Accused Instrumentalities, or 

performing the claimed methods of the Asserted Claims, with knowledge that such conduct 

constitutes an act of infringement. Microchip has proceeded in this manner despite its actual 

knowledge of the Asserted Patents and that the specific actions it actively induced and induces 

on the part of its customers and other third parties constitutes infringement of the Asserted 

Patents. At the very least, because Microchip has been and remains on notice of the Asserted 

Patents and the accused infringement, it has been and remains willfully blind regarding the 

infringement it has induced and continues to induce.

Microchip additionally infringes each of the Asserted Claims pursuant to § 271(c) by 

providing the Accused Instrumentalities, including web pages and content, user interfaces (e.g., 

hierarchical collapsing menu structure, hierarchical information structure, information structure, 

and/or hierarchical menu structure), software, and/or computer equipment as identified above, 

Microchip contributes to the direct infringement of users of the Accused Instrumentalities, and 

similar products, devices, systems, and/or components of systems that are critical and material 

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components of the Accused Instrumentalities that infringe the Asserted Patents, where these 

Accused Instrumentalities constitutes a material part of the claimed inventions (as further 

described in Exhibits A-F), Microchip knows these Accused Instrumentalities to be especially 

made or especially adapted for use in infringement of the Asserted Claims, and the Accused 

Instrumentalities are not a staple article or commodity of commerce suitable for substantial noninfringing use.

V. ACCOMPANYING DOCUMENT PRODUCTION

As set forth in the Court’s Order Governing Proceedings (Dkt. 15), Caddo made a 

document production of (1) all documents evidencing conception and reduction to practice for 

each claimed invention that are in the possession or custody of Caddo, and (2) a copy of the file 

history for each Asserted Patent.

The file histories are disclosed at Bates ranges:

’411 Patent file history: CADDO_MICRO000001-CADDO_MICRO000298;

’301 Patent file history: CADDO_MICRO000299-CADDO_MICRO000498;

’517 Patent file history: CADDO_MICRO000499-CADDO_MICRO000699;

’836 Patent file history: CADDO_MICRO000700-CADDO_MICRO000877;

’880 Patent file history: CADDO_MICRO000878-CADDO_MICRO001118; and

’127 Patent file history: CADDO_MICRO001119-CADDO_MICRO001361.

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Dated: September 17, 2020 DEVLIN LAW FIRM LLC

/s/ Timothy Devlin

Timothy Devlin (pro hac vice pending)

tdevlin@devlinlawfirm.com 

Alex Chan 

Texas State Bar No. 24108051

achan@devlinlawfirm.com 

1526 Gilpin Ave.

Wilmington, Delaware 19806

Telephone: (302) 449-9010

Facsimile: (302) 353-4251

Attorneys for Plaintiffs,

Caddo Systems, Inc. and 511 Technologies, Inc.

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