Acer, Inc. et al. v. Technology Properties Ltd.
- Docket:
- 5:08-cv-00877
Declaratory-judgment action of non-infringement/invalidity of the '336, '584, '749, '890 and '148 patents against Technology Properties Ltd., et al.
Plaintiff
2 cases as plaintiff.
Acer America Corp. (Acer America Corporation) is the U.S. subsidiary of Acer Inc. (TWSE: 2353), the Taiwan-based public computer maker founded in 1976 as Multitech International and renamed Acer in the 1980s. Acer America is a California corporation (incorporated 1984) headquartered in San Jose, California, and handles Acer's U.S./Canada R&D, engineering, marketing and sales; Acer Inc. owns 100% of its shares, as stated in Acer America's own Rule 7.1 corporate disclosure. Parent-scale figures: Acer Inc. reported consolidated 2024 revenue of roughly NT$264.7 billion (~US$8 billion) and describes itself as having about 7,700 employees; third-party trackers list figures ranging from ~7,200 to ~11,400, so treat headcount as approximate.
Operations. Acer designs and sells personal computers and related hardware: notebooks, Chromebooks, desktops, tablets, monitors, projectors, servers, peripherals, and gaming lines, plus software and services. In North America the group also owns the Gateway, Packard Bell and eMachines brands. Non-PC/non-display businesses accounted for about 28% of Acer Inc.'s 2024 revenue. This is an operating company, not an NPE.
Litigation posture. Both tracked cases are plaintiff-side, in the Northern District of California, and appear to be duplicate entries for a single 2008 declaratory-judgment action: Acer, Inc. et al. v. Technology Properties Ltd. (N.D. Cal. 5:08-cv-00877, filed February 8, 2008). The dataset shows zero defendant-side cases. Rather than an NPE asserting an acquired portfolio, Acer here is an operating company filing a defensive declaratory-judgment suit to pre-empt royalty demands. (Public records show Acer also being sued elsewhere, e.g. as a respondent in ITC Inv. No. 337-TA-853, which the tracked data does not include.)
Case context. Acer, with Gateway, sought declarations of non-infringement/invalidity against Technology Properties Ltd., Patriot Scientific and licensing arm Alliacense over the Moore Microprocessor Patent (MMP) portfolio ('336, '584, '749, '890, '148). TPL countersued and filed parallel Eastern District of Texas suits in April 2008, which were dismissed after N.D. Cal. denied transfer. Related N.D. Cal. actions involved HTC, Asustek, Toshiba and Barco; only the '336 patent reached trial in the HTC case, where a jury found infringement and a renewed JMOL motion was denied.
Sources: Acer America Rule 7.1 disclosure (E.D. Tex. 2008); N.D. Cal. orders in 5:08-cv-00877/882; Acer Inc. Q2 2024 release and 2024 sustainability report; MarketScreener/GlobalData profiles; USITC Pub. 4847.
Declaratory-judgment action of non-infringement/invalidity of the '336, '584, '749, '890 and '148 patents against Technology Properties Ltd., et al.
Declaratory judgment action by Acer/Gateway against TPL. Casetext opinion records that TPL asserted claims 11, 12, 13, 17 and 19 of the '890 patent and claims of the '749 patent against the Acer/Gateway plaintiffs.