zond v. fujitsu semiconductor et. al
TRANSCRIPT
-
8/12/2019 Zond v. Fujitsu Semiconductor et. al.
1/28
UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
ZOND, LLC,
Plaintiff,
v.
FUJITSU SEMICONDUCTOR LIMITED,
FUJITSU SEMICONDUCTOR AMERICA,INC., TAIWAN SEMICONDUCTOR
MANUFACTURING COMPANY,
LIMITED, TSMC NORTH AMERICACORP.,
Defendants.
CIVIL ACTION NO. _____________
JURY TRIAL DEMANDED
COMPLAINT FOR PATENT INFRINGEMENT
Plaintiff Zond, LLC (Zond) files this Complaint for Patent Infringement
(Complaint) against Defendants Fujitsu Semiconductor Limited and Fujitsu Semiconductor
America, Inc. (collectively, Fujitsu), and Taiwan Semiconductor Manufacturing Company,
Limited and TSMC North America Corp. (collectively, TSMC), wherein, pursuant to 35
U.S.C. 271 and 281, Zond seeks a judgment of infringement by Fujitsu and TSMC of U.S.
Patent Nos. 6,806,651 (the 651 patent), 6,896,773 (the 773 patent), 6,896,775 (the 775
patent), 6,903,511 (the 511 patent), 7,095,179 (the 179 patent), and 7,446,479 (the
479 patent) (collectively, Patents-in-Suit), and damages resulting therefrom pursuant to
35 U.S.C. 284, as well as injunction of the infringing activity pursuant to 35 U.S.C. 283,
and such other relief as the Court deems just and proper, and in support thereof alleges as
follows:
-
8/12/2019 Zond v. Fujitsu Semiconductor et. al.
2/28
2
The Parties
1. Zond is a Delaware limited liability company with a principal place of businessat 137A High Street Mansfield, MA 02048. Zond wholly owns Zpulser, LLC (Zpulser),
also based in Mansfield, MA. Zpulser commercializes Zonds patented technology by
manufacturing and selling unique high-power plasma generators.
2. On information and belief, Defendant Fujitsu Semiconductor Limited (FSL)is a Japanese corporation with its principal place of business at Nomura Shin-Yokohama
Bldg., 2-10-23 Shin-Yokohama, Kohoku-Ku Yokohama, Kanagawa, Japan. On information
and belief, FSL conducts business in the United States through its subsidiaries, including
through Defendant Fujitsu Semiconductor America, Inc.
3. On information and belief, Defendant Fujitsu Semiconductor America, Inc.(FSA), is a California corporation with its principal place of business at 1250 E. Arques
Ave, M/S 333, Sunnyvale, CA 94085-5401. On information and belief, FSA is a wholly
owned subsidiary of FSL and is controlled by and/or acts as an agent of FSL.
4. On information and belief, Defendant Taiwan Semiconductor ManufacturingCompany, Ltd. (TSMC Ltd.) is a company organized under the laws of Taiwan that
maintains its principal place of business at No. 8, Li-Hsin Road 6, Hsinchu Science Park,
Hsinchu, Taiwan 30077. On information and belief, TSMC Ltd. conducts business in the
United States through its subsidiaries, including through Defendant TSMC North America,
Corp.
5. On information and belief, Defendant TSMC North America, Corp. (TSMC-NA) is a California corporation with its principal place of business at 2585 Junction Avenue,
San Jose, CA 95134. On information and belief, TSMC-NA is wholly owned by TSMC Ltd.,
-
8/12/2019 Zond v. Fujitsu Semiconductor et. al.
3/28
3
and serves as TSMC Ltd.s exclusive sales agent in North and South America.
Jurisdiction and Venue
6. This Court has subject matter jurisdiction over this action pursuant to 28U.S.C. 1331 and 1338(a) because the action concerns infringement of a United States
patent.
7. This Court has personal jurisdiction over each of Defendants at least by virtueof each of Defendants having conducted business in this District and having committed one or
more acts of infringement in this District.
8.
Venue is proper under 28 U.S.C. 1391 and 1400.
9. This action is related to Civil Action No. 1:13-cv-11634-WGY (the 11634Action), filed in this District in July 2013. In that related action, Fujitsu admitted that this
Court has subject matter jurisdiction over that action. In the 11634 Action, Fujitsu did not
contest personal jurisdiction or venue. In the 11634 Action, TSMC did not contest personal
jurisdiction or venue. Given that this action is related to the 11634 Action, each of
Defendants must be bound in this action to its position regarding jurisdiction and venue in the
11634 Action.
The Six (6) Patents-in-Suit
10. Zond is the owner of the 651 Patent entitled High-Density Plasma Source,which the United States Patent & Trademark Office lawfully and duly issued on October 19,
2004.
11. Zond is the owner of the 773 Patent entitled High Deposition RateSputtering, which the United States Patent & Trademark Office lawfully and duly issued on
May 24, 2005.
-
8/12/2019 Zond v. Fujitsu Semiconductor et. al.
4/28
4
12. Zond is the owner of the 775 Patent entitled High-Power PulsedMagnetically Enhanced Plasma Processing, which the United States Patent & Trademark
Office lawfully and duly issued on May 24, 2005.
13. Zond is the owner of the 511 Patent entitled Generation of Uniformly-Distributed Plasma, which the United States Patent & Trademark Office lawfully and duly
issued on June 7, 2005.
14. Zond is the owner of the 179 Patent entitled Methods and Apparatus forGenerating Strongly-Ionized Plasmas with Ionizational Instabilities, which the United States
Patent & Trademark Office lawfully and duly issued on August 22, 2006.
15. Zond is the owner of the 479 Patent entitled High-Density Plasma Source,which the United States Patent & Trademark Office lawfully and duly issued on November 4,
2008.
FACTUAL BACKGROUND
1. Zonds Patented Technology
16. Founded in 2002, Zond is a technology development company based outside ofBoston in Mansfield, Massachusetts. With its President and Co-Founder Dr. Roman
Chistyakov at the helm, Zond has been developing a unique plasma discharge technology,
which is protected by over 30 patents and patent applications pending throughout the world,
including 18 patents that have issued in the United States. Dr. Chistyakov is the named
inventor on all six (6) of Zonds Patents-in-Suit. These patents are generally directed to the
generation, use and/or applications of a unique plasma discharge technology that has wide-
ranging applicability in various industries, including semiconductor chip manufacturing, as
described further below.
-
8/12/2019 Zond v. Fujitsu Semiconductor et. al.
5/28
5
17. In 2005, Zpulser was created as the marketing and sales arm of Zond tocommercialize Zonds patented technology. Zpulser offers a revolutionary product line of
plasma generators that are commercially practicable and allow for use of the technology in an
industrial manufacturing environment.
18. Zonds plasma technology has application in various industries ranging fromconsumer products such as razor blades to electronics such as semiconductor chips and flat
panel displays, which provides numerous competitive advantages over alternative and older
technology. For example, in the semiconductor chip industry, Zonds patented technology
allows certain important types of plasmas to be generated in an industrial manufacturing
environment. Such plasmas can be used for certain critical manufacturing steps for
semiconductor chips made using the latest generation of 32 nm and smaller semiconductor
process technology. These applications range from forming the critical copper-based
interconnects to the unique transistor structures necessary in these new generations of chips.
2. Fujitsus Infringing Products
19. Fujitsu is a designer and developer of semiconductor products and solutions forconsumer, communications, automotive and industrial products including integrated circuits
made from Complimentary Metal-Oxide Semiconductor devices (CMOS devices), analog
to digital converters (ADC), application specific integrated circuit (ASIC) solutions
graphics display controllers, embedded MCUs and controllers, video and image processors,
analog devices, wireless ICs, memory solutions as well as numerous other electronic devices.
20. Fujitsus devices are constructed using semiconductor circuit technology. Thistechnology, along with related advances in semiconductor processing, allows Fujitsu to
manufacture devices and transistors at smaller and smaller distances between relevant
-
8/12/2019 Zond v. Fujitsu Semiconductor et. al.
6/28
6
components resulting in higher density and more complex circuits.
21. Fujitsus integrated circuit manufacturing continues to use techniques that usesmaller and smaller features for various product cycles. The size of the smallest parts of a
transistor is generally referred to by Fujitsu as a node. Upon information and belief,
Fujitsus smallest manufacturing nodes being currently marketed are 28 nanometers (nm).
A move to devices using smaller manufacturing nodes is expected in the near future.
22. In order to manufacture circuit devices at the 28 nm and smaller nodes(Accused Nodes), unique manufacturing processes had to be developed by or for Fujitsu
that, on information and belief, employ Zonds patented technology for generating and using
strongly or super-ionized plasmas in a manufacturing environment. On information and
belief, Fujitsus infringing devices include those made using process steps that employ
strongly or super-ionized plasmas including, but not limited to, processes for depositing
interconnects and contacts, and metal for metal gate transistors, as well as other methods of
generating and using strongly or super-ionized plasmas to form 28 nm class and smaller
devices. Fujitsus infringing devices include Fujitsus 28 nm and smaller node devices
including, but not limited to, integrated circuits made from CMOS devices, ASIC devices as
well as other semiconductor devices at the Accused Nodes (collectively, the Fujitsu
Infringing Products). The Fujitsu Infringing Products include, but are not limited to, the
following types of offerings: its 8-bit, 28nm CMOS ADCs (based on Fujitsus CHAIS
architecture)and 28 nm ASIC devices. Discovery is expected to uncover the full extent of
Fujitsus unlawful use of Zonds patented plasma technology beyond these accused devices
already identified through public information.
23. Upon information and belief, Fujitsu has had knowledge of Zonds patented
-
8/12/2019 Zond v. Fujitsu Semiconductor et. al.
7/28
7
technology, including the Patents-in-Suit, prior to the initiation of this action. Specifically,
Fujitsu has had knowledge of the Patents-in-Suit since at least July 2013 in connection with
the prior litigation between the parties in the related 11634 Action and, at the very least, since
May 21, 2014, when a list of Zonds issued U.S. patents was provided to Fujitsus counsel in
connection with the related 11634 Action. Likewise, upon information and belief, Fujitsu has
known or should have known that TSMC employs Zonds patented technology in the
manufacture of all TSMC wafers that, when separated into individual infringing chips, are
incorporated into any and all Fujitsu Infringing Products.
3. TSMCs Infringing Products and Processes
24. TSMC is a dedicated contract manufacturer of semiconductor products andsolutions for computer, communications, and consumer electronic products and offers wafer
fabrication processes including, but not limited to: embedded non-volatile memory process;
embedded dynamic random access memory process; mixed signal / radio frequency process;
high voltage process; complementary metal-oxide semiconductor image sensor process; color
filter process, micro electro-mechanical system process and silicon germanium process.
25. TSMCs wafer fabrication continues to use techniques that use smaller andsmaller features for various product cycles. The size of the smallest parts of a transistor is
generally referred to by TSMC as a node. Upon information and belief, TSMCs smallest
manufacturing nodes currently marketed are 28 and newly developed 20 nm.
26. In order to manufacture circuit devices at the 28 and 20 nm and smaller nodes,unique manufacturing processes had to be developed by or for TSMC that, on information and
belief, employ Zonds patented technology for generating and using strongly or super-ionized
plasmas in a manufacturing environment. On information and belief, TSMCs infringing
-
8/12/2019 Zond v. Fujitsu Semiconductor et. al.
8/28
8
products include those made using process steps that employ strongly or super-ionized
plasmas including, but not limited to, processes for depositing interconnects and contacts, and
metal for metal gate transistors, as well as other methods of generating and using strongly or
super-ionized plasmas to form 28 and 20 nm class and smaller devices (TSMC Infringing
Products). The TSMC Infringing Products include, without limitation, all TSMC wafers
produced by an infringing process that, when separated into individual infringing chips, are
incorporated into any and all Fujitsu Infringing Products. Discovery is expected to uncover
the full extent of TSMCs unlawful use of Zonds patented plasma technology beyond these
accused devices already identified through public information.
27. Upon information and belief, TSMC has had knowledge of Zonds patentedtechnology, including the Patents-in-Suit, prior to the initiation of this action. Specifically,
TSMC has had knowledge of the Patents-in-Suit since at least September 2013 in connection
with the prior litigation between the parties in the related 11634 Action and, at the very least,
since May 21, 2014, when a list of Zonds issued U.S. patents was provided to Fujitsus
counsel in connection with the related 11634 Action. Additionally, Zond put TSMC on notice
of infringement of the Patents-in-Suit on June 5, 2014. Even though TSMC was put on notice
that Zond intended to file this action in this District as related to the 11634 Action, in an effort
to forum-shop and avoid adjudication of Zonds claims in this District, TSMC rushed to file
an improper declaratory judgment action in the District of Delaware on Sunday, June 8, 2014.
FIRST CLAIM FOR RELIEF
(Fujitsus Infringement of the 651 Patent)
28. Zond incorporates by reference paragraphs 1 through 27 of the Complaint as ifset forth here in full.
29. Upon information and belief, Fujitsu has been and is currently directly
-
8/12/2019 Zond v. Fujitsu Semiconductor et. al.
9/28
9
infringing one or more claims of the 651 Patent by using, offering to sell and selling within
the United States, and importing into the United States, without authority, the Infringing
Products, including without limitation under 35 U.S.C. 271(g).
30. Upon information and belief, upon knowledge of the 651 Patent, Fujitsu hasbeen inducing infringement of the 651 Patent by, among other things, knowingly and with
intent, actively encouraging its customers, suppliers, original equipment manufacturers
(OEMs) and original design manufacturers (ODMs), to use, sell, offer for sale, and import
Fujitsus Infringing Products in a manner that constitutes infringement of one or more claims
of the 651 Patent. For example, upon information and belief, Fujitsu is selling its Infringing
Products that are made by Zonds patented processes, including without limitation by the
process in accordance with Claim 20 of the 651 Patent, to its OEMs and ODMS, and Fujitsu
knows or should know that these processes are being used in the manufacture of these
products. Further, upon information and belief, Fujitsu actively entices its OEMs and ODMs
through advertising, marketing and sales activity to use Fujitsus Infringing Products as part
of their own infringing products and to sell, offer for sale, and import those infringing
products containing Fujitsus Infringing Products in the United States. Upon information and
belief, Fujitsus OEMs and ODMs directly infringe the 651 Patent by using, selling, offering
for sale, and importing in the United States products containing Fujitsus Infringing Products.
Upon information and belief, Fujitsu knows that by using, selling, offering for sale, and
importing such products its OEMs and ODMs directly infringe the 651 Patent. Upon
information and belief, this inducing activity is ongoing and has not stopped since the
initiation of this action. As stated in Paragraph 23 above, upon information and belief, Fujitsu
has had knowledge of the 651 Patent since July 2013, and was provided additional notice of
-
8/12/2019 Zond v. Fujitsu Semiconductor et. al.
10/28
10
the 651 Patent on May 21, 2014.
31. As a result of Fujitsus infringement of the 651 Patent, Zond has suffered andwill continue to suffer damage. Zond is entitled to recover from Fujitsu the damages adequate
to compensate for such infringement, which have yet to be determined.
32. Fujitsu will continue to infringe the 651 Patent unless and until it is enjoinedby this Court.
33. Fujitsus acts of infringement have caused and will continue to causeirreparable harm to Zond unless and until Fujitsu is enjoined by this Court.
SECOND CLAIM FOR RELIEF(Fujitsus Infringement of the 773 Patent)
34. Zond incorporates by reference paragraphs 1 through 33 of the Complaint as ifset forth here in full.
35. Upon information and belief, Fujitsu has been and is currently directlyinfringing one or more claims of the 773 Patent by using, offering to sell and selling within
the United States, and importing into the United States, without authority, the Infringing
Products, including without limitation under 35 U.S.C. 271(g).
36. Upon information and belief, upon knowledge of the 773 Patent, Fujitsu hasbeen inducing infringement of the 773 Patent by, among other things, knowingly and with
intent, actively encouraging its customers, suppliers, original equipment manufacturers
(OEMs) and original design manufacturers (ODMs), to use, sell, offer for sale, and import
Fujitsus Infringing Products in a manner that constitutes infringement of one or more claims
of the 773 Patent. For example, upon information and belief, Fujitsu is selling its Infringing
Products that are made by Zonds patented processes, including without limitation by the
process in accordance with Claim 21 of the 773 Patent, to its OEMs and ODMS, and Fujitsu
-
8/12/2019 Zond v. Fujitsu Semiconductor et. al.
11/28
11
knows or should know that these processes are being used in the manufacture of these
products. Further, upon information and belief, Fujitsu actively entices its OEMs and ODMs
through advertising, marketing and sales activity to use Fujitsus Infringing Products as part
of their own infringing products and to sell, offer for sale, and import those infringing
products containing Fujitsus Infringing Products in the United States. Upon information and
belief, Fujitsus OEMs and ODMs directly infringe the 773 Patent by using, selling, offering
for sale, and importing in the United States products containing Fujitsus Infringing Products.
Upon information and belief, Fujitsu knows that by using, selling, offering for sale, and
importing such products its OEMs and ODMs directly infringe the 773 Patent. Upon
information and belief, this inducing activity is ongoing and has not stopped since the
initiation of this action. As stated in Paragraph 23 above, upon information and belief, Fujitsu
has had knowledge of the 773 Patent since July 2013, and was provided additional notice of
the 773 Patent on May 21, 2014.
37. As a result of Fujitsus infringement of the 773 Patent, Zond has suffered andwill continue to suffer damage. Zond is entitled to recover from Fujitsu the damages adequate
to compensate for such infringement, which have yet to be determined.
38. Fujitsu will continue to infringe the 773 Patent unless and until it is enjoinedby this Court.
39. Fujitsus acts of infringement have caused and will continue to causeirreparable harm to Zond unless and until Fujitsu is enjoined by this Court.
THIRD CLAIM FOR RELIEF
(Fujitsus Infringement of the 775 Patent)
40. Zond incorporates by reference paragraphs 1 through 39 of the Complaint as ifset forth here in full.
-
8/12/2019 Zond v. Fujitsu Semiconductor et. al.
12/28
12
41. Upon information and belief, Fujitsu has been and is currently directlyinfringing one or more claims of the 775 Patent by using, offering to sell and selling within
the United States, and importing into the United States, without authority, the Infringing
Products, including without limitation under 35 U.S.C. 271(g).
42. Upon information and belief, upon knowledge of the 775 Patent, Fujitsu hasbeen inducing infringement of the 775 Patent by, among other things, knowingly and with
intent, actively encouraging its customers, suppliers, original equipment manufacturers
(OEMs) and original design manufacturers (ODMs), to use, sell, offer for sale, and import
Fujitsus Infringing Products in a manner that constitutes infringement of one or more claims
of the 775 Patent. For example, upon information and belief, Fujitsu is selling its Infringing
Products that are made by Zonds patented processes, including without limitation by the
process in accordance with Claim 15 of the 775 Patent, to its OEMs and ODMS, and Fujitsu
knows or should know that these processes are being used in the manufacture of these
products. Further, upon information and belief, Fujitsu actively entices its OEMs and ODMs
through advertising, marketing and sales activity to use Fujitsus Infringing Products as part
of their own infringing products and to sell, offer for sale, and import those infringing
products containing Fujitsus Infringing Products in the United States. Upon information and
belief, Fujitsus OEMs and ODMs directly infringe the 775 Patent by using, selling, offering
for sale, and importing in the United States products containing Fujitsus Infringing Products.
Upon information and belief, Fujitsu knows that by using, selling, offering for sale, and
importing such products its OEMs and ODMs directly infringe the 775 Patent. Upon
information and belief, this inducing activity is ongoing and has not stopped since the
initiation of this action. As stated in Paragraph 23 above, upon information and belief, Fujitsu
-
8/12/2019 Zond v. Fujitsu Semiconductor et. al.
13/28
13
has had knowledge of the 775 Patent since July 2013, and was provided additional notice of
the 775 Patent on May 21, 2014.
43. As a result of Fujitsus infringement of the 775 Patent, Zond has suffered andwill continue to suffer damage. Zond is entitled to recover from Fujitsu the damages adequate
to compensate for such infringement, which have yet to be determined.
44. Fujitsu will continue to infringe the 775 Patent unless and until it is enjoinedby this Court.
45. Fujitsus acts of infringement have caused and will continue to causeirreparable harm to Zond unless and until Fujitsu is enjoined by this Court.
FOURTH CLAIM FOR RELIEF
(Fujitsus Infringement of the 511 Patent)
46. Zond incorporates by reference paragraphs 1 through 45 of the Complaint as ifset forth here in full.
47. Upon information and belief, Fujitsu has been and is currently directlyinfringing one or more claims of the 511 Patent by using, offering to sell and selling within
the United States, and importing into the United States, without authority, the Infringing
Products, including without limitation under 35 U.S.C. 271(g).
48. Upon information and belief, upon knowledge of the 511 Patent, Fujitsu hasbeen inducing infringement of the 511 Patent by, among other things, knowingly and with
intent, actively encouraging its customers, suppliers, original equipment manufacturers
(OEMs) and original design manufacturers (ODMs), to use, sell, offer for sale, and import
Fujitsus Infringing Products in a manner that constitutes infringement of one or more claims
of the 511 Patent. For example, upon information and belief, Fujitsu is selling its Infringing
Products that are made by Zonds patented processes, including without limitation by the
-
8/12/2019 Zond v. Fujitsu Semiconductor et. al.
14/28
14
process in accordance with Claim 28 of the 511 Patent, to its OEMs and ODMS, and Fujitsu
knows or should know that these processes are being used in the manufacture of these
products. Further, upon information and belief, Fujitsu actively entices its OEMs and ODMs
through advertising, marketing and sales activity to use Fujitsus Infringing Products as part
of their own infringing products and to sell, offer for sale, and import those infringing
products containing Fujitsus Infringing Products in the United States. Upon information and
belief, Fujitsus OEMs and ODMs directly infringe the 511 Patent by using, selling, offering
for sale, and importing in the United States products containing Fujitsus Infringing Products.
Upon information and belief, Fujitsu knows that by using, selling, offering for sale, and
importing such products its OEMs and ODMs directly infringe the 511 Patent. Upon
information and belief, this inducing activity is ongoing and has not stopped since the
initiation of this action. As stated in Paragraph 23 above, upon information and belief, Fujitsu
has had knowledge of the 511 Patent since July 2013, and was provided additional notice of
the 511 Patent on May 21, 2014.
49. As a result of Fujitsus infringement of the 511 Patent, Zond has suffered andwill continue to suffer damage. Zond is entitled to recover from Fujitsu the damages adequate
to compensate for such infringement, which have yet to be determined.
50. Fujitsu will continue to infringe the 511 Patent unless and until it is enjoinedby this Court.
51. Fujitsus acts of infringement have caused and will continue to causeirreparable harm to Zond unless and until Fujitsu is enjoined by this Court.
FIFTH CLAIM FOR RELIEF
(Fujitsus Infringement of the 179 Patent)
52. Zond incorporates by reference paragraphs 1 through 51 of the Complaint as if
-
8/12/2019 Zond v. Fujitsu Semiconductor et. al.
15/28
15
set forth here in full.
53. Upon information and belief, Fujitsu has been and is currently directlyinfringing one or more claims of the 179 Patent by using, offering to sell and selling within
the United States, and importing into the United States, without authority, the Infringing
Products, including without limitation under 35 U.S.C. 271(g).
54. Upon information and belief, upon knowledge of the 179 Patent, Fujitsu hasbeen inducing infringement of the 179 Patent by, among other things, knowingly and with
intent, actively encouraging its customers, suppliers, original equipment manufacturers
(OEMs) and original design manufacturers (ODMs), to use, sell, offer for sale, and import
Fujitsus Infringing Products in a manner that constitutes infringement of one or more claims
of the 179 Patent. For example, upon information and belief, Fujitsu is selling its Infringing
Products that are made by Zonds patented processes, including without limitation by the
process in accordance with Claim 21 of the 179 Patent, to its OEMs and ODMS, and Fujitsu
knows or should know that these processes are being used in the manufacture of these
products. Further, upon information and belief, Fujitsu actively entices its OEMs and ODMs
through advertising, marketing and sales activity to use Fujitsus Infringing Products as part
of their own infringing products and to sell, offer for sale, and import those infringing
products containing Fujitsus Infringing Products in the United States. Upon information and
belief, Fujitsus OEMs and ODMs directly infringe the 179 Patent by using, selling, offering
for sale, and importing in the United States products containing Fujitsus Infringing Products.
Upon information and belief, Fujitsu knows that by using, selling, offering for sale, and
importing such products its OEMs and ODMs directly infringe the 179 Patent. Upon
information and belief, this inducing activity is ongoing and has not stopped since the
-
8/12/2019 Zond v. Fujitsu Semiconductor et. al.
16/28
16
initiation of this action. As stated in Paragraph 23 above, upon information and belief, Fujitsu
has had knowledge of the 179 Patent since July 2013, and was provided additional notice of
the 179 Patent on May 21, 2014.
55. As a result of Fujitsus infringement of the 179 Patent, Zond has suffered andwill continue to suffer damage. Zond is entitled to recover from Fujitsu the damages adequate
to compensate for such infringement, which have yet to be determined.
56. Fujitsu will continue to infringe the 179 Patent unless and until it is enjoinedby this Court.
57.
Fujitsus acts of infringement have caused and will continue to cause
irreparable harm to Zond unless and until Fujitsu is enjoined by this Court.
SIXTH CLAIM FOR RELIEF
(Fujitsus Infringement of the 479 Patent)
58. Zond incorporates by reference paragraphs 1 through 57 of the Complaint as ifset forth here in full.
59. Upon information and belief, Fujitsu has been and is currently directlyinfringing one or more claims of the 479 Patent by using, offering to sell and selling within
the United States, and importing into the United States, without authority, the Infringing
Products, including without limitation under 35 U.S.C. 271(g).
60. Upon information and belief, upon knowledge of the 479 Patent, Fujitsu hasbeen inducing infringement of the 479 Patent by, among other things, knowingly and with
intent, actively encouraging its customers, suppliers, original equipment manufacturers
(OEMs) and original design manufacturers (ODMs), to use, sell, offer for sale, and import
Fujitsus Infringing Products in a manner that constitutes infringement of one or more claims
of the 479 Patent. For example, upon information and belief, Fujitsu is selling its Infringing
-
8/12/2019 Zond v. Fujitsu Semiconductor et. al.
17/28
17
Products that are made by Zonds patented processes, including without limitation by the
process in accordance with Claim 22 of the 479 Patent, to its OEMs and ODMS, and Fujitsu
knows or should know that these processes are being used in the manufacture of these
products. Further, upon information and belief, Fujitsu actively entices its OEMs and ODMs
through advertising, marketing and sales activity to use Fujitsus Infringing Products as part
of their own infringing products and to sell, offer for sale, and import those infringing
products containing Fujitsus Infringing Products in the United States. Upon information and
belief, Fujitsus OEMs and ODMs directly infringe the 479 Patent by using, selling, offering
for sale, and importing in the United States products containing Fujitsus Infringing Products.
Upon information and belief, Fujitsu knows that by using, selling, offering for sale, and
importing such products its OEMs and ODMs directly infringe the 479 Patent. Upon
information and belief, this inducing activity is ongoing and has not stopped since the
initiation of this action. As stated in Paragraph 23 above, upon information and belief, Fujitsu
has had knowledge of the 479 Patent since July 2013, and was provided additional notice of
the 479 Patent on May 21, 2014.
61. As a result of Fujitsus infringement of the 479 Patent, Zond has suffered andwill continue to suffer damage. Zond is entitled to recover from Fujitsu the damages adequate
to compensate for such infringement, which have yet to be determined.
62. Fujitsu will continue to infringe the 479 Patent unless and until it is enjoinedby this Court.
63. Fujitsus acts of infringement have caused and will continue to causeirreparable harm to Zond unless and until Fujitsu is enjoined by this Court.
SEVENTH CLAIM FOR RELIEF
(TSMCs Infringement of the 651 Patent)
-
8/12/2019 Zond v. Fujitsu Semiconductor et. al.
18/28
18
64. Zond incorporates by reference paragraphs 1 through 63 of the Complaint as ifset forth here in full.
65.
Upon information and belief, TSMC has been and is currently directly
infringing one or more claims of the 651 Patent by using, offering to sell and selling within
the United States, and importing into the United States, without authority, the Infringing
Products, including without limitation under 35 U.S.C. 271(g).
66. Upon information and belief, upon knowledge of the 651 Patent, TSMC hasbeen inducing infringement of the 651 Patent by, among other things, knowingly and with
intent, actively encouraging its customers, suppliers, original equipment manufacturers
(OEMs) and original design manufacturers (ODMs), to use, sell, offer for sale, and import
TSMCs Infringing Products in a manner that constitutes infringement of one or more claims
of the 651 Patent. For example, upon information and belief, TSMC is manufacturing its
Infringing Products made by Zonds patented processes, including without limitation by the
process in accordance with Claim 20 of the 651 Patent. Further, upon information and belief,
TSMC actively entices its OEMs and ODMs through advertising, marketing and sales activity
to use TSMCs Infringing Products as part of their own infringing products and to sell, offer
for sale, and import those infringing products containing TSMCs Infringing Products in the
United States. Upon information and belief, TSMCs OEMs and ODMs directly infringe the
651 Patent by using, selling, offering for sale, and importing in the United States products
containing TSMCs Infringing Products. Upon information and belief, TSMC knows that by
using, selling, offering for sale, and importing such products its OEMs and ODMs directly
infringe the 651 Patent. Upon information and belief, this inducing activity is ongoing and
has not stopped since the initiation of this action. As stated in Paragraph 27 above, upon
-
8/12/2019 Zond v. Fujitsu Semiconductor et. al.
19/28
19
information and belief, TSMC has had knowledge of the 651 Patent since July 2013, and was
provided additional notice of the 651 Patent on May 21, 2014 and June 5, 2014.
67. As a result of TSMCs infringement of the 651 Patent, Zond has suffered andwill continue to suffer damage. Zond is entitled to recover from TSMC the damages adequate
to compensate for such infringement, which have yet to be determined.
68. TSMC will continue to infringe the 651 Patent unless and until it is enjoinedby this Court.
69. TSMCs acts of infringement have caused and will continue to causeirreparable harm to Zond unless and until TSMC is enjoined by this Court.
EIGHTH CLAIM FOR RELIEF
(TSMCs Infringement of the 773 Patent)
70. Zond incorporates by reference paragraphs 1 through 69 of the Complaint as ifset forth here in full.
71. Upon information and belief, TSMC has been and is currently directlyinfringing one or more claims of the 773 Patent by using, offering to sell and selling within
the United States, and importing into the United States, without authority, the Infringing
Products, including without limitation under 35 U.S.C. 271(g).
72. Upon information and belief, upon knowledge of the 773 Patent, TSMC hasbeen inducing infringement of the 773 Patent by, among other things, knowingly and with
intent, actively encouraging its customers, suppliers, original equipment manufacturers
(OEMs) and original design manufacturers (ODMs), to use, sell, offer for sale, and import
TSMCs Infringing Products in a manner that constitutes infringement of one or more claims
of the 773 Patent. For example, upon information and belief, TSMC is manufacturing its
Infringing Products made by Zonds patented processes, including without limitation by the
-
8/12/2019 Zond v. Fujitsu Semiconductor et. al.
20/28
20
process in accordance with Claim 21 of the 773 Patent. Further, upon information and belief,
TSMC actively entices its OEMs and ODMs through advertising, marketing and sales activity
to use TSMCs Infringing Products as part of their own infringing products and to sell, offer
for sale, and import those infringing products containing TSMCs Infringing Products in the
United States. Upon information and belief, TSMCs OEMs and ODMs directly infringe the
773 Patent by using, selling, offering for sale, and importing in the United States products
containing TSMCs Infringing Products. Upon information and belief, TSMC knows that by
using, selling, offering for sale, and importing such products its OEMs and ODMs directly
infringe the 773 Patent. Upon information and belief, this inducing activity is ongoing and
has not stopped since the initiation of this action. As stated in Paragraph 27 above, upon
information and belief, TSMC has had knowledge of the 773 Patent since July 2013, and was
provided additional notice of the 773 Patent on May 21, 2014 and June 5, 2014.
73. As a result of TSMCs infringement of the 773 Patent, Zond has suffered andwill continue to suffer damage. Zond is entitled to recover from TSMC the damages adequate
to compensate for such infringement, which have yet to be determined.
74. TSMC will continue to infringe the 773 Patent unless and until it is enjoinedby this Court.
75. TSMCs acts of infringement have caused and will continue to causeirreparable harm to Zond unless and until TSMC is enjoined by this Court.
NINTH CLAIM FOR RELIEF
(TSMCs Infringement of the 775 Patent)
76. Zond incorporates by reference paragraphs 1 through 75 of the Complaint as ifset forth here in full.
77. Upon information and belief, TSMC has been and is currently directly
-
8/12/2019 Zond v. Fujitsu Semiconductor et. al.
21/28
21
infringing one or more claims of the 775 Patent by using, offering to sell and selling within
the United States, and importing into the United States, without authority, the Infringing
Products, including without limitation under 35 U.S.C. 271(g).
78. Upon information and belief, upon knowledge of the 775 Patent, TSMC hasbeen inducing infringement of the 775 Patent by, among other things, knowingly and with
intent, actively encouraging its customers, suppliers, original equipment manufacturers
(OEMs) and original design manufacturers (ODMs), to use, sell, offer for sale, and import
TSMCs Infringing Products in a manner that constitutes infringement of one or more claims
of the 775 Patent. For example, upon information and belief, TSMC is manufacturing its
Infringing Products made by Zonds patented processes, including without limitation by the
process in accordance with Claim 15 of the 775 Patent. Further, upon information and belief,
TSMC actively entices its OEMs and ODMs through advertising, marketing and sales activity
to use TSMCs Infringing Products as part of their own infringing products and to sell, offer
for sale, and import those infringing products containing TSMCs Infringing Products in the
United States. Upon information and belief, TSMCs OEMs and ODMs directly infringe the
775 Patent by using, selling, offering for sale, and importing in the United States products
containing TSMCs Infringing Products. Upon information and belief, TSMC knows that by
using, selling, offering for sale, and importing such products its OEMs and ODMs directly
infringe the 775 Patent. Upon information and belief, this inducing activity is ongoing and
has not stopped since the initiation of this action. As stated in Paragraph 27 above, upon
information and belief, TSMC has had knowledge of the 775 Patent since July 2013, and was
provided additional notice of the 775 Patent on May 21, 2014 and June 5, 2014.
79. As a result of TSMCs infringement of the 775 Patent, Zond has suffered and
-
8/12/2019 Zond v. Fujitsu Semiconductor et. al.
22/28
22
will continue to suffer damage. Zond is entitled to recover from TSMC the damages adequate
to compensate for such infringement, which have yet to be determined.
80. TSMC will continue to infringe the 775 Patent unless and until it is enjoinedby this Court.
81. TSMCs acts of infringement have caused and will continue to causeirreparable harm to Zond unless and until TSMC is enjoined by this Court.
TENTH CLAIM FOR RELIEF
(TSMCs Infringement of the 511 Patent)
82. Zond incorporates by reference paragraphs 1 through 81 of the Complaint as ifset forth here in full.
83. Upon information and belief, TSMC has been and is currently directlyinfringing one or more claims of the 511 Patent by using, offering to sell and selling within
the United States, and importing into the United States, without authority, the Infringing
Products, including without limitation under 35 U.S.C. 271(g).
84. Upon information and belief, upon knowledge of the 511 Patent, TSMC hasbeen inducing infringement of the 511 Patent by, among other things, knowingly and with
intent, actively encouraging its customers, suppliers, original equipment manufacturers
(OEMs) and original design manufacturers (ODMs), to use, sell, offer for sale, and import
TSMCs Infringing Products in a manner that constitutes infringement of one or more claims
of the 511 Patent. For example, upon information and belief, TSMC is manufacturing its
Infringing Products made by Zonds patented processes, including without limitation by the
process in accordance with Claim 28 of the 511 Patent. Further, upon information and belief,
TSMC actively entices its OEMs and ODMs through advertising, marketing and sales activity
to use TSMCs Infringing Products as part of their own infringing products and to sell, offer
-
8/12/2019 Zond v. Fujitsu Semiconductor et. al.
23/28
23
for sale, and import those infringing products containing TSMCs Infringing Products in the
United States. Upon information and belief, TSMCs OEMs and ODMs directly infringe the
511 Patent by using, selling, offering for sale, and importing in the United States products
containing TSMCs Infringing Products. Upon information and belief, TSMC knows that by
using, selling, offering for sale, and importing such products its OEMs and ODMs directly
infringe the 511 Patent. Upon information and belief, this inducing activity is ongoing and
has not stopped since the initiation of this action. As stated in Paragraph 27 above, upon
information and belief, TSMC has had knowledge of the 511 Patent since July 2013, and was
provided additional notice of the 511 Patent on May 21, 2014 and June 5, 2014.
85. As a result of TSMCs infringement of the 511 Patent, Zond has suffered andwill continue to suffer damage. Zond is entitled to recover from TSMC the damages adequate
to compensate for such infringement, which have yet to be determined.
86. TSMC will continue to infringe the 511 Patent unless and until it is enjoinedby this Court.
87. TSMCs acts of infringement have caused and will continue to causeirreparable harm to Zond unless and until TSMC is enjoined by this Court.
ELEVENTH CLAIM FOR RELIEF
(TSMCs Infringement of the 179 Patent)
88. Zond incorporates by reference paragraphs 1 through 87 of the Complaint as ifset forth here in full.
89. Upon information and belief, TSMC has been and is currently directlyinfringing one or more claims of the 179 Patent by using, offering to sell and selling within
the United States, and importing into the United States, without authority, the Infringing
Products, including without limitation under 35 U.S.C. 271(g).
-
8/12/2019 Zond v. Fujitsu Semiconductor et. al.
24/28
24
90. Upon information and belief, upon knowledge of the 179 Patent, TSMC hasbeen inducing infringement of the 179 Patent by, among other things, knowingly and with
intent, actively encouraging its customers, suppliers, original equipment manufacturers
(OEMs) and original design manufacturers (ODMs), to use, sell, offer for sale, and import
TSMCs Infringing Products in a manner that constitutes infringement of one or more claims
of the 179 Patent. For example, upon information and belief, TSMC is manufacturing its
Infringing Products made by Zonds patented processes, including without limitation by the
process in accordance with Claim 21 of the 179 Patent. Further, upon information and belief,
TSMC actively entices its OEMs and ODMs through advertising, marketing and sales activity
to use TSMCs Infringing Products as part of their own infringing products and to sell, offer
for sale, and import those infringing products containing TSMCs Infringing Products in the
United States. Upon information and belief, TSMCs OEMs and ODMs directly infringe the
179 Patent by using, selling, offering for sale, and importing in the United States products
containing TSMCs Infringing Products. Upon information and belief, TSMC knows that by
using, selling, offering for sale, and importing such products its OEMs and ODMs directly
infringe the 179 Patent. Upon information and belief, this inducing activity is ongoing and
has not stopped since the initiation of this action. As stated in Paragraph 27 above, upon
information and belief, TSMC has had knowledge of the 179 Patent since July 2013, and was
provided additional notice of the 179 Patent on May 21, 2014 and June 5, 2014.
91. As a result of TSMCs infringement of the 179 Patent, Zond has suffered andwill continue to suffer damage. Zond is entitled to recover from TSMC the damages adequate
to compensate for such infringement, which have yet to be determined.
92. TSMC will continue to infringe the 179 Patent unless and until it is enjoined
-
8/12/2019 Zond v. Fujitsu Semiconductor et. al.
25/28
25
by this Court.
93. TSMCs acts of infringement have caused and will continue to causeirreparable harm to Zond unless and until TSMC is enjoined by this Court.
TWELFTH CLAIM FOR RELIEF
(TSMCs Infringement of the 479 Patent)
94. Zond incorporates by reference paragraphs 1 through 93 of the Complaint as ifset forth here in full.
95. Upon information and belief, TSMC has been and is currently directlyinfringing one or more claims of the 479 Patent by using, offering to sell and selling within
the United States, and importing into the United States, without authority, the Infringing
Products, including without limitation under 35 U.S.C. 271(g).
96. Upon information and belief, upon knowledge of the 479 Patent, TSMC hasbeen inducing infringement of the 479 Patent by, among other things, knowingly and with
intent, actively encouraging its customers, suppliers, original equipment manufacturers
(OEMs) and original design manufacturers (ODMs), to use, sell, offer for sale, and import
TSMCs Infringing Products in a manner that constitutes infringement of one or more claims
of the 479 Patent. For example, upon information and belief, TSMC is manufacturing its
Infringing Products made by Zonds patented processes, including without limitation by the
process in accordance with Claim 22 of the 479 Patent. Further, upon information and belief,
TSMC actively entices its OEMs and ODMs through advertising, marketing and sales activity
to use TSMCs Infringing Products as part of their own infringing products and to sell, offer
for sale, and import those infringing products containing TSMCs Infringing Products in the
United States. Upon information and belief, TSMCs OEMs and ODMs directly infringe the
479 Patent by using, selling, offering for sale, and importing in the United States products
-
8/12/2019 Zond v. Fujitsu Semiconductor et. al.
26/28
26
containing TSMCs Infringing Products. Upon information and belief, TSMC knows that by
using, selling, offering for sale, and importing such products its OEMs and ODMs directly
infringe the 479 Patent. Upon information and belief, this inducing activity is ongoing and
has not stopped since the initiation of this action. As stated in Paragraph 27 above, upon
information and belief, TSMC has had knowledge of the 479 Patent since July 2013, and was
provided additional notice of the 479 Patent on May 21, 2014 and June 5, 2014.
97. As a result of TSMCs infringement of the 479 Patent, Zond has suffered andwill continue to suffer damage. Zond is entitled to recover from TSMC the damages adequate
to compensate for such infringement, which have yet to be determined.
98. TSMC will continue to infringe the 479 Patent unless and until it is enjoinedby this Court.
99. TSMCs acts of infringement have caused and will continue to causeirreparable harm to Zond unless and until TSMC is enjoined by this Court.
PRAYER FOR RELIEF
WHEREFORE, Zond prays for a Judgment in favor of Zond and against Fujitsu and TSMC as
follows:
1. That Fujitsu has directly infringed the 651, 773, 775, 511, 179 and 479Patents;
2. That Fujitsu has indirectly infringed the 651, 773, 775, 511, 179 and 479Patents;
3. That TSMC has directly infringed the 651, 773, 775, 511, 179 and 479Patents;
4. That TSMC has indirectly infringed the 651, 773, 775, 511, 179 and 479
-
8/12/2019 Zond v. Fujitsu Semiconductor et. al.
27/28
27
Patents;
5. That this case is exceptional within the meaning of 35 U.S.C. 285 againsteach of Fujitsu and TSMC;
6. An order enjoining Fujitsu, TSMC and each of their affiliates, subsidiaries,officers, directors, employees, agents, representatives, licensees, successors, assigns, and all
those acting for them and on their behalf, or acting in concert with them directly or indirectly,
from further acts of infringement of the 651, 773, 775, 511, 179 and 479 Patents;
7. A full accounting for and an award of damages to Zond for Fujitsus andTSMCs infringement of the 651, 773, 775, 511, 179 and 479 Patents, including
enhanced damages pursuant to 35 U.S.C. 284, together with pre- and post-judgment interest;
8. An award of Zonds reasonable attorneys fees, expenses, and costs; and9. A grant of such other and further equitable or legal relief as this Court deems
proper.
DEMAND FOR JURY TRIAL
Zond hereby demands trial by jury on all issues so triable.
Dated: June 9, 2014 Respectfully submitted,
ZOND, LLC
By its counsel,
/s/David S. Godkin
David S. Godkin (BBO#196530)Andrew A. Caffrey III (BBO#660481)
Birnbaum & Godkin, LLP
280 Summer StreetBoston, MA 02210
617-307-6100
[email protected]@birnbaumgodkin.com
-
8/12/2019 Zond v. Fujitsu Semiconductor et. al.
28/28
Of Counsel:
David C. Radulescu, Ph.D.
Tigran VardanianRADULESCU LLP
136 Madison Ave, 6th
FloorNew York, NY 10016
646-502-5950
[email protected]@radulescullp.com