The complaint

The case is Mingoe Consulting LLC v. Giga-Byte Technology Co., Ltd., No. 2:26-cv-00848 (E.D. Tex., Marshall Division), filed September 18, 2026, ECF No. 1 (9 pages). The complaint demands a jury trial. Mingoe Consulting LLC, which the complaint describes as a Texas limited liability company, alleges it is the sole and exclusive owner of U.S. Patent 8,407,411. The complaint describes the defendant as organized under the laws of Taiwan and pleads venue under the alien-venue rule of 28 U.S.C. 1391(c)(3).

What the patent covers

U.S. Patent 8,407,411, titled Operation Frequency Adjusting System and Method, issued March 26, 2013, from an application filed June 28, 2010. Claim 1 recites an operation frequency adjusting system with a statistic module that counts effective operations of a Dynamic Random-Access Memory (DRAM), a parameter configuration module that generates a target operation frequency according to that count, and a frequency switch controller that switches the DRAM from its present operation frequency to the target operation frequency. (Compl. paras. 9 to 11; U.S. Patent 8,407,411 claim 1.)

What the lawsuit alleges

Mingoe alleges that the accused products are Gigabyte AORUS MODEL X 12th desktop systems, model AMXI9N8A-2171, containing an unlocked Intel Core i9-12900K processor, an Intel Z690 Express chipset, a compatible BIOS that may implement Intel Dynamic Memory Boost, and 32 GB DDR5-5200 XMP memory. The complaint limits its allegation to units whose BIOS contains and enables Dynamic Memory Boost, which it says is to be confirmed in discovery. It alleges that, when Intel Dynamic Memory Boost is enabled, the accused systems count DRAM-use operations, select a target memory frequency from that statistic, and switch the DRAM to the target frequency. (Compl. paras. 15 to 18 and 22.)

The complaint pleads four counts: direct infringement of at least claim 1 (Count I), willful infringement (Count II), induced infringement (Count III), and contributory infringement (Count IV). It alleges, on information and belief, that Gigabyte's infringement is and will be willful at least from the filing and service of the complaint, and alternatively that Gigabyte has a policy or practice against investigating third-party patent rights. The inducement count points to marketing of the AORUS MODEL X systems for overclocking performance and Gigabyte utilities, BIOS guides and manuals that, it alleges, instruct users to enable XMP profiles and overclocking features. The prayer seeks damages of no less than a reasonable royalty, treble damages, fees if the case is found exceptional, and a permanent injunction to the extent permitted by law and equity. (Compl. Counts I to IV; Prayer.)

On marking, the complaint alleges that neither Mingoe nor its predecessors made or sold a patented article during the damages period, and alleges, on information and belief, that it has had no licensees who did. It identifies its only other pending U.S. enforcement action on the '411 patent as No. 2:25-cv-770 (E.D. Tex.). Mingoe filed a second complaint on the same patent the same day, No. 2:26-cv-00849 (E.D. Tex.). (Compl. paras. 12 to 14.)

What to watch next

The docket shows a summons issued and returned executed. Watch for Gigabyte's answer or other response and any order coordinating Nos. 2:26-cv-00848 and 2:26-cv-00849. Any case can end at any time, including by settlement or voluntary dismissal.