DCT
2:25-cv-00784
ServStor Tech LLC v. ASUSTeK Computer Inc
I. Executive Summary and Procedural Information
- Parties & Counsel:
- Plaintiff: ServStor Technologies LLC (Texas)
- Defendant: ASUSTek Computer Inc. (Taiwan)
- Plaintiff’s Counsel: Fabricant LLP; Rubino IP
- Case Identification: 2:25-cv-00784, E.D. Tex., 08/12/2025
- Venue Allegations: Plaintiff alleges venue is proper because Defendant is not a resident of the United States and may be sued in any judicial district.
- Core Dispute: Plaintiff alleges that Defendant’s networking products, including routers, switches, and motherboards, infringe patents related to methods for transferring and routing data packets.
- Technical Context: The technology at issue concerns protocols for managing data transfers between networked devices, aiming to enhance efficiency and performance in disaggregated or peer-to-peer network architectures.
- Key Procedural History: The complaint alleges Defendant had knowledge of the patents-in-suit based on prior litigation Plaintiff filed against Defendant's competitors and through direct correspondence sent to Defendant on September 30, 2022, which may form the basis for allegations of willful infringement.
Case Timeline
| Date | Event |
|---|---|
| 2002-11-12 | Earliest Priority Date for '773 and '814 Patents |
| 2009-10-13 | U.S. Patent No. 7,602,773 Issues |
| 2010-03-30 | U.S. Patent No. 7,688,814 Issues |
| 2022-09-30 | Plaintiff allegedly sent correspondence to Defendant identifying patents |
| 2025-08-12 | Complaint Filed |
II. Technology and Patent(s)-in-Suit Analysis
U.S. Patent No. 7,602,773 - "Transferring Data to a Target Device"
- Patent Identification: U.S. Patent No. 7,602,773, "Transferring Data to a Target Device," issued October 13, 2009.
- The Invention Explained:
- Problem Addressed: The patent describes the conventional use of layered communication protocols to transmit data, which can introduce complexity and overhead, particularly in peer-to-peer or disaggregated network environments where elements are not part of a traditional, monolithic system (ʼ773 Patent, col. 1:15-29; col. 4:45-49).
- The Patented Solution: The invention proposes methods and apparatuses that streamline data transfers. A key aspect is a protocol where a device can receive a single packet containing a command and multiple addresses, which then allows that device to orchestrate a data transfer between its own storage and the storage of a second device, or even between two other devices, potentially across a Network Address Translation (NAT) bridge (ʼ773 Patent, Abstract; col. 3:1-13).
- Technical Importance: This approach was intended to simplify communication in increasingly complex networks by creating more autonomous, self-contained data transfer operations, thereby reducing reliance on complex, state-dependent protocols (ʼ773 Patent, col. 2:12-19).
- Key Claims at a Glance:
- The complaint asserts at least independent claim 11 (Compl. ¶17). The complaint also makes a general allegation of infringement of "one or more claims" (Compl. ¶16).
- Independent Claim 11 Elements:
- An apparatus comprising a network interface, storage with a storage location, and a controller.
- The controller is configured to receive, from a first device, a first packet that includes a command, a first address corresponding to the apparatus's storage location, and a second address corresponding to a second device's storage location.
- The controller is further configured to transmit, to the second device, a second packet to "effect a transfer of data" between the apparatus's storage and the second device's storage, based on the command.
U.S. Patent No. 7,688,814 - "Methods of Conveying Information Using Fixed Sized Packets"
- Patent Identification: U.S. Patent No. 7,688,814, "Methods of Conveying Information Using Fixed Sized Packets," issued March 30, 2010.
- The Invention Explained:
- Problem Addressed: The patent addresses performance issues in data transfers between devices that may have different "native block sizes." Transferring data in large packets, while historically favored for network performance, can create processing inefficiencies if the target device operates on smaller data blocks ('814 Patent, col. 2:35-40).
- The Patented Solution: The invention describes a method where an apparatus generates a data packet sized to be "at least approximately equal in size to a native block size of a target device," even when this is smaller than the native block size of the sending apparatus. The patent also introduces the concept of a "split identifier," where different segments of a storage location's unique identifier are placed in the headers of both an encapsulated packet and the encapsulating packet, allowing for precise addressing within a disaggregated storage model (ʼ814 Patent, Abstract; col. 5:49-67).
- Technical Importance: This technique sought to optimize data transfer performance at the device level by tailoring packet construction to the specific capabilities of the recipient, a departure from the common wisdom that larger packets are always more efficient ('814 Patent, col. 2:35-40).
- Key Claims at a Glance:
- The complaint asserts at least independent claim 11 (Compl. ¶28). The complaint also makes a general allegation of infringement of "one or more claims" (Compl. ¶27).
- Independent Claim 11 Elements:
- An apparatus comprising a controller and a network interface.
- The controller is configured to generate a first packet with a data portion sized approximately to a target device's native block size (which is smaller than the apparatus's native block size), with the packet also containing a "first segment of a split identifier."
- The controller is further configured to encapsulate this first packet into a second packet, which has a "second segment of the split identifier" in its control portion.
- The network interface is configured to transmit the packet to the target device.
III. The Accused Instrumentality
Product Identification
The complaint names a wide array of ASUS networking equipment, including Wi-Fi Routers, Mesh Systems, Network Switches, Wi-Fi Adaptors, Enterprise Routers, and Motherboards with integrated network controllers, collectively termed the "Accused Products" (Compl. ¶12). The ASUS ExpertWiFi EBP15, a network switch, is identified as an "exemplary and representative" product (Compl. ¶17, ¶28).
Functionality and Market Context
The Accused Products are alleged to be devices that implement infringing methods for routing and transmitting data packets over a network (Compl. ¶¶13, 16). The complaint alleges the exemplary ASUS ExpertWiFi EBP15 comprises a network interface, storage (such as buffer memory), and a controller for processing and transmitting packets (Compl. ¶¶18-19). The complaint provides a screenshot of the ASUS ExpertWiFi EBP15's technical specifications, listing its "Performance" metrics like "Switching Capacity: 10Gbps" and "Buffer Memory : 4 Mbits" (Compl. ¶19, p. 5). The breadth of the product list suggests they are commercially significant and target a wide range of consumer and business markets.
IV. Analysis of Infringement Allegations
'773 Patent Infringement Allegations
| Claim Element (from Independent Claim 11) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| An apparatus comprising: a network interface configured to communicatively couple the apparatus to a network; storage having a storage location; and a controller coupled to the network interface and the storage... | The ASUS ExpertWiFi EBP15 comprises a network interface, storage such as buffer memory, and a controller. | ¶18, ¶19 | col. 25:36-40 |
| ...and configured to receive, from a first device via the network interface, a first packet including a command, a first address that corresponds to the storage location of the apparatus, and a second address that corresponds to a storage location of a second device;... | The EBP15's controller is configured to receive a packet from a first device, where the packet includes a command and addresses corresponding to the EBP15's storage and a second device's storage. | ¶18 | col. 25:41-49 |
| ...and to transmit, to the second device via the network interface, a second packet to effect a transfer of data between the storage location of the apparatus and the storage location of the second device based at least in part on the command. | The EBP15's controller is configured to transmit a packet to a second device to cause a data transfer between the EBP15's storage and the second device's storage based on the received command. | ¶18 | col. 25:50-58 |
Identified Points of Contention:
- Scope Questions: Claim 11 describes an apparatus that receives a packet from a first device and, in response, transmits a packet to a second device to "effect a transfer of data." A central question will be whether the accused switches' standard packet forwarding constitutes this claimed three-party orchestration. The defense may argue the patent requires a specific command structure for initiating a transfer, distinct from the routine forwarding of data packets from a source to a destination.
- Technical Questions: The complaint alleges the accused device receives a packet with a "command," a "first address" (its own), and a "second address" (another device's) (Compl. ¶18). It does not, however, identify which specific fields within a standard network packet correspond to these claimed elements. The case may require evidence mapping the structure of packets handled by ASUS products to the specific address and command format required by the claim.
'814 Patent Infringement Allegations
| Claim Element (from Independent Claim 11) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| An apparatus comprising: a controller configured to generate a first packet having a data portion that is at least approximately equal in size to a native block size of a target device, which is smaller than a native block size of the apparatus,... | The ASUS ExpertWiFi EBP15 controller is configured to generate a packet with a data portion sized for a target device, which is smaller than the EBP15's native block size. | ¶29 | col. 26:26-31 |
| ...the first packet further having a first segment of a split identifier,... | The generated first packet has a first segment of a split identifier. | ¶29 | col. 26:31-32 |
| ...the controller further configured to encapsulate the first packet into a data portion of a second packet, the second packet having a control portion with a second segment of the split identifier;... | The controller encapsulates the first packet into a second packet, which contains a second segment of the split identifier. | ¶29 | col. 26:32-36 |
| ...and a network interface coupled to the controller, and configured to transmit the packet to the target device across a network. | The EBP15 has a network interface configured to transmit the packet. The complaint includes a visual from the product's user guide describing how a blinking LED indicates the device is "Transmitting or receiving data" (Compl. p. 10). | ¶29, ¶30 | col. 26:37-39 |
Identified Points of Contention:
- Technical Questions: The infringement allegations for the '814 Patent in the complaint are highly conclusory and directly track the claim language without providing underlying factual support (Compl. ¶29). This raises significant evidentiary questions:
- What evidence demonstrates that the accused products generate packets with data portions specifically sized to a target device's native block size?
- What evidence shows that the accused products use a "split identifier," and which data fields in the accused packets allegedly constitute its first and second segments? The complaint does not provide sufficient detail for analysis of this element.
V. Key Claim Terms for Construction
'773 Patent: "to effect a transfer of data between the storage location of the apparatus and the storage location of a second device"
- The Term: "to effect a transfer of data between the storage location of the apparatus and the storage location of a second device"
- Context and Importance: This phrase from claim 11 defines the core function of the claimed controller. The outcome of the infringement analysis for the '773 Patent may depend on whether this language is construed to cover standard network packet forwarding or if it requires a more specific, orchestrated action.
- Intrinsic Evidence for Interpretation:
- Evidence for a Broader Interpretation: A party could argue the plain and ordinary meaning covers any action where the apparatus is an intermediary that causes data residing in its own storage (e.g., a buffer) to be transferred toward a second device. The patent's summary describes facilitating "communication between disaggregated elements" generally (ʼ773 Patent, col. 2:50-54).
- Evidence for a Narrower Interpretation: The specification's detailed discussion of "GO" commands (e.g., GO TRANSFER) and "NAT Bridging" describes a specific command-and-control architecture where the apparatus is explicitly instructed by one device to perform a transfer involving another (ʼ773 Patent, col. 3:1-13; col. 14:58-64). This could support a narrower construction requiring a specific type of orchestrated transfer, not just passive forwarding.
'814 Patent: "split identifier"
- The Term: "split identifier"
- Context and Importance: This term is a central technical feature of the asserted claim of the '814 Patent. Practitioners may focus on this term because the infringement allegation appears to lack specific factual support in the complaint, making its definition critical to the viability of the claim.
- Intrinsic Evidence for Interpretation:
- Evidence for a Broader Interpretation: The patent defines a split-id packet as one where "at least one segment of the identifier is located in the encapsulated packet while at least one other segment is located in the encapsulating packet" (ʼ814 Patent, col. 6:45-49). A party might argue this is broad enough to cover combinations of identifiers from different network protocol layers, such as a MAC address and an IP address.
- Evidence for a Narrower Interpretation: The embodiments link the "split identifier" to a specific, multi-segment storage model. For example, the specification equates the segments to a "storage area segment" and a "storage block segment," similar to a partition ID and a logical block address (LBA) (ʼ814 Patent, col. 7:15-24). This suggests the term requires a structured, hierarchical address, not just any two arbitrary identifiers from different packet headers.
VI. Other Allegations
- Indirect Infringement: The complaint alleges that Defendant induces infringement by supplying the Accused Products to customers along with instructions (e.g., user manuals, websites) that allegedly encourage operation in an infringing manner (Compl. ¶¶20, 22, 31, 33).
- Willful Infringement: The complaint alleges both pre- and post-suit willfulness. It asserts pre-suit knowledge based on Defendant's alleged "policy of not reviewing the patents of others," prior infringement lawsuits filed by Plaintiff against Defendant's competitors, and direct correspondence sent to Defendant on September 30, 2022, identifying the patents-in-suit (Compl. ¶¶13, 21, 32). Continued alleged infringement after this date forms the basis of the willfulness claim.
VII. Analyst’s Conclusion: Key Questions for the Case
- A core issue will be one of evidentiary sufficiency: can the Plaintiff produce technical evidence to substantiate the conclusory allegations that ASUS products perform the highly specific functions of the '814 patent, such as generating packets sized to a target's native block size and employing a "split identifier"? The complaint's lack of detail on these points suggests discovery will be critical.
- A key legal question will be one of claim scope: for the '773 patent, does the standard operation of a network switch—receiving, buffering, and forwarding packets—fall within the scope of a claim that requires a controller to "effect a transfer of data" between itself and a second device based on a packet received from a first device? The resolution will depend on whether this requires a specific command-and-control function or covers routine data transit.
- The case may also turn on a question of claim construction: can the term "split identifier" from the '814 patent, which is described in the context of a specific multi-segment storage addressing model, be construed broadly enough to read on the standard header information used in modern networking packets?