For a product developer, using USB requires a complex protocol and involves a “smart” controller in the device. Developers of USB devices for public sale generally must receive a USB IDENTIFIANT that requires them to pay a fee to the USB implementation forum. Developers of products using USB specifications must sign an agreement with the Imlementers Forum. The use of USB logos on the product requires an annual fee and membership in the organization.  The main problem Foxconn poses with Lotes` version of events is that Foxconn asserts that patents in China are not essential to USB 3.0 and are therefore not subject to the USB-IF agreement. Foxconn claims that it offered Lotes a license for these patents, but that license was denied. Foxconn also asserts that its patent enforcement measures are protected by the Noerr Pennington Doctrine. Finally, Foxconn argues that Lotes` complaint suffers from various legal irregularities, including the failure to properly assert the elements of an action in respect of cartels and abuse of dominance. However, according to Lotes, Foxconn Lotes has not granted a RAND-Z or RAND license for USB 3.0 patents. Lotes claims that Foxconn has filed patent infringement claims in China to insert batches from the manufacture or sale of USB 3.0 connectors on the basis of patents that USB 3.0 contributors cite as inventors. Foxconn unequivocally confirms that it will provide “necessary claims” in conjunction with all USB 3.0 “compliant portions” – that is, the IP required to exercise the USB 3.0 specification – to other USB 3.0 contributors and users under RAND-Zero conditions, in accordance with the DE CONTRIBUTEURs USB 3.0 agreement.
In addition to these requirements, Foxconn has other PIs needed to practice USB 3.0 specification, but which can be integrated as an option in USB 3.0 ports. Foxconn unequivocally confirms that it will lay off its IP address for these optional functions under RAND conditions. Thunderbolt 3 uses the USB-C port.    Thunderbolt 3 has two physical two-way channels of 20 Gbps that are aggregated to appear as a logical two-way channel of 40 Gbps. Thunderbolt 3 controllers can integrate a USB 3.1 Gen 2 controller to ensure compatibility with USB devices. They are also able to provide an alternative DisplayPort mode via the USB-C port, so that a Thunderbolt 3-Port a higher amount of a USB 3.1 Gen 2 port with the alternative DisplayPort mode. USB 3.0 has also introduced the UASP protocol, which generally offers faster transmission speeds than the BOT (bulk transfer) protocol. Many USB/data transmission cables are still USB 2.0, but there are also a number of USB 3.0 transmission cables. Although USB 3.0 is 10x faster than USB 2.0, USB 3.0 transmission cables are only 2 – 3x faster because of their design. As each USB 3.0 host has two separate controllers, transfer and receive USB 3.0 devices with USB 3.0 data speeds, regardless of the USB 2.0 or previous devices connected to that host.
Operating data rates for older devices are determined in the manner of legacy. The Universal Serial Bus is designed to simplify and improve the interface between pc and devices compared to existing standard or ad hoc proprietary interfaces.  Thus, Lotes argues that by refusing to authorize and initiating patent enforcement action, Foxconn violated its contracts with USB-IF and violated U.S. antitrust laws.