Case 8:15-cv-00648-DOC-RNB Document 1 Filed 04/23/15 Page 1 of 19 Page ID #:1
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`
`Jon A. Birmingham (CA SBN 271034)
`FITCH, EVEN, TABIN & FLANNERY LLP
`21700 Oxnard Street, Suite 1740
`Los Angeles, California 91367
`Telephone: (818) 715-7025
`Facsimile: (818) 715-7033
`Email: jbirmi@fitcheven.com
`
`Attorney for Plaintiff
`LIMESTONE MEMORY SYSTEMS LLC
`
`
`
`UNITED STATES DISTRICT COURT
`CENTRAL DISTRICT OF CALIFORNIA
`
`Case No.:
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`COMPLAINT FOR PATENT INFRINGEMENT
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`DEMAND FOR JURY TRIAL
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`
`LIMESTONE MEMORY SYSTEMS LLC, a
`California Limited Liability Company,
`
`
`Plaintiff,
`
`
`v.
`
`DELL INC., a Delaware Corporation,
`
`
`Defendant.
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`LIMESTONE MEMORY SYSTEMS LLC V. DELL INC.
`COMPLAINT FOR PATENT INFRINGEMENT
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`Case 8:15-cv-00648-DOC-RNB Document 1 Filed 04/23/15 Page 2 of 19 Page ID #:2
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`Plaintiff, Limestone Memory Systems LLC (“LMS”), complains against Defendant
`Dell Inc. for patent infringement pursuant to this Court’s subject matter jurisdiction under
`28 U.S.C. §§1331 and 1338(a), as follows:
`THE PARTIES
`1.
`Plaintiff LMS is a corporation organized and existing under the laws of the
`State of California with its principle place of business at 520 Newport Center Drive, 12th
`Floor, Newport Beach, California. LMS is in the business of licensing patented
`technology. LMS is the assignee of U.S. Patent Nos. 5,805,504 (“the ‘504 patent”),
`5,894,441(“the ‘441 patent”), 5,943,260 (“the ‘260 patent”), 6,233,181 (“the ‘181
`patent”), and 6,697,296 (“the ‘296 patent”).
`2.
`Defendant Dell Inc. (“Dell”) is a corporation incorporated under the laws of
`Delaware with its principal place of business at 1 Dell Way, Round Rock, Texas. Dell
`conducts business in and is doing business in California and in this District and elsewhere
`in the United States, including, without limitation, using, promoting, offering to sell,
`importing and/or selling devices that incorporate memory devices that embody the
`patented technology, and enabling end-user purchasers to use such devices in this District.
`Dell is subject to the subpoena power of this Court within the State of California.
`JURISDICTION AND VENUE
`3.
`This is an action for patent infringement arising under the Patent Laws of the
`United States, 35 U.S.C. § 1 et seq. This Court has subject matter jurisdiction over this
`action pursuant to 28 U.S.C. §§ 1331 and 1338(a).
`4.
`On information and belief, Defendant Dell is subject to this Court’s specific
`and general personal jurisdiction pursuant to due process and/or the California Long Arm
`Statute (CCP §410.10), due at least to their substantial business conducted in this forum,
`including (i) having solicited business in the State of California, transacted business
`within the State of California and attempted to derive financial benefit from residents of
`the State of California, including benefits directly related to the instant patent
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`LIMESTONE MEMORY SYSTEMS LLC V. DELL INC.
`COMPLAINT FOR PATENT INFRINGEMENT
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`Case 8:15-cv-00648-DOC-RNB Document 1 Filed 04/23/15 Page 3 of 19 Page ID #:3
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`infringement causes of action set forth herein; (ii) having placed its products and services
`into the stream of commerce throughout the United States and having been actively
`engaged in transacting business in California and in this District; and (iii) either alone or
`in conjunction with others, having committed acts of infringement within California and
`in this District.
`5.
`On information and belief, Defendant Dell maintains systematic, continuous
`and ongoing business operations within the State of California and this District, through
`which it uses, promotes, offers to sell, and sells devices that incorporate memory devices
`that embody the patented technology. Dell’s facilities include offices in Aliso Viejo,
`California, in this District. Further, on information and belief, Dell provides product
`technical support and sells devices to retailers and/or end users in this District.
`6.
`Venue lies in this District pursuant to 28 U.S.C. §§ 1391(b), 1391(c) and
`1400(b) because Defendant Dell is subject to personal jurisdiction in this District, resides
`in, has regularly conducted business in this District and/or has committed acts of patent
`infringement in this District.
`FIRST CAUSE OF ACTION – INFRINGEMENT OF ‘504 PATENT
`7.
`Plaintiff hereby repeats and re-alleges the allegations contained in paragraphs
`1 to 6, as if fully set forth herein.
`8.
`On September 8, 1998, U.S. Patent No. 5,805,504 (“the ‘504 patent”),
`entitled “Synchronous Semiconductor Memory Having A Burst Transfer Mode With A
`Plurality Of Subarrays Accessible In Parallel Via An Input Buffer,” a copy of which is
`attached hereto as Exhibit A, was duly and legally issued to the inventor, Mamoru Fujita.
`The ‘504 patent issued from U.S. patent application Serial Number 08/758,367, filed
`November 29, 1996 and discloses novel memory devices with burst mode transfer
`functions designed to receive and send large amounts of data quickly. The inventor
`assigned all right, title, and interest in the ‘504 patent to NEC Corporation (hereinafter
`“NEC”). NEC’s right, title, and interest in the ‘504 patent was subsequently assigned to
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`LIMESTONE MEMORY SYSTEMS LLC V. DELL INC.
`COMPLAINT FOR PATENT INFRINGEMENT
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`NEC Electronics Corporation, which further assigned such right, title, and interest to
`Renesas Electronics Corp (hereinafter “Renesas”). Renesas assigned all right, title, and
`interest in the ‘504 patent to Acacia Research Group LLC (“ARG”). The assignment to
`ARG was made subject only to certain prior non-exclusive license agreements and a
`limited non-exclusive and non-transferable limited license to Renesas. Neither the prior
`licensees nor Renesas possesses any right to sue for or collect past, present and future
`damages or to seek and obtain injunctive or any other relief for infringement of the ‘504
`patent.
`9.
`Prior to the commencement of this action, ARG assigned all right, title, and
`interest in the ‘504 patent to LMS, its wholly owned designated affiliate, including all of
`ARG’s rights, obligations, interests and liabilities under the assignment agreement with
`Renesas. LMS assumed all such rights, obligations, interests and liabilities of ARG under
`such assignment agreement. LMS thus possesses the right to sue for or collect past,
`present and future damages or to seek and obtain injunctive or any other relief for
`infringement of the ‘504 patent.
`10. Defendant Dell, directly and/or through its subsidiaries, affiliates, agents,
`and/or business partners, has in the past and continues to directly infringe the ‘504 patent
`pursuant to 35 U.S.C. § 271(a) by making, having made, using, selling, offering to sell
`and/or importing devices incorporating memory devices that embody the invention
`claimed in the ‘504 patent, within the United States and within this District. Dell has been
`and is engaged in one or more of these direct infringing activities related to its
`manufacture, distribution, support, and sales of devices such as servers, personal
`computers and laptop computers that incorporate DRAM chips manufactured by Micron
`Technology, Inc. (hereinafter “Micron”), including at least DDR2, DDR3 and DDR4
`chips (hereinafter “the ‘504 DRAM Chips”) and any other Micron chip having
`substantially similar data transfer architecture.
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`LIMESTONE MEMORY SYSTEMS LLC V. DELL INC.
`COMPLAINT FOR PATENT INFRINGEMENT
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`11. A non-exhaustive list of part numbers associated with the ‘504 DRAM Chips
`appears in a part catalog provided on Micron’s website (http://www.micron.com/), which
`list is attached hereto as Exhibit B.
`12. Defendant Dell’s infringing devices include, for example and without
`limitation, the following computing devices incorporating one or more of the ‘504 DRAM
`Chips:
`
`a. XPS13 Laptop with Micron J8416E6MB-GNL-F 8 GB (8 x 1 GB)
`DDR3L-RS 1600 MHz dual-channel RAM
`b. Alienware 17 Laptop with Micron 4GB PC3L-12800 RAM
`c. Precision T3610 Workstation with Micron P320h PCIe SSD drive
`d. Precision T5610 Workstation with Micron P320h PCIe SSD drive
`e. Precision T5810 Workstation with Micron P320h PCIe SSD drive
`f. Precision T7610 Workstation with Micron P320h PCIe SSD drive
`g. Precision T7810 Workstation with Micron P420m PCIe SSD drives
`h. Precision Rack 7810 Workstation with Micron P420m PCIe SSD
`drives
`i. Precision Rack 7910 Workstation with Micron P420m PCIe SSD drive
`j. PowerEdge T620 Blade Server with Micron P320h PCIe SSD drive
`k. PowerEdge M620 Blade Server with Micron P320h PCIe SSD drive
`l. PowerEdge M820 Blade Server with Micron P320h PCIe SSD drive
`m. PowerEdge R620 Rack Server with Micron P320h PCIe SSD drive
`n. PowerEdge R720 Rack Server with Micron P320h PCIe SSD drive
`o. PowerEdge R820 Rack Server with Micron P320h PCIe SSD drive
`p. Inspiron 14 7437 Laptop with Micron C400 256GB mSATA SSD
`13. The service of this Complaint will provide Dell with actual notice of the ‘504
`patent and of Plaintiff’s infringement allegations herein.
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`LIMESTONE MEMORY SYSTEMS LLC V. DELL INC.
`COMPLAINT FOR PATENT INFRINGEMENT
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`14. Dell’s direct infringement of the ‘504 patent has injured LMS. LMS is
`entitled to recover damages adequate to compensate for such infringement pursuant to 35
`U.S.C. § 284.
`15. Unless it ceases its infringing activities, Dell will continue to injure LMS by
`directly infringing the ‘504 patent.
`16. On
`infringement
`its
`information and belief, Dell will continue
`notwithstanding its actual knowledge of the ‘504 patent and while lacking an objectively
`reasonable good faith basis to believe that its activities do not infringe any valid claim of
`the ‘504 patent. As such, Dell’s future acts of infringement will constitute continuing
`willful infringement of the ‘504 patent.
`SECOND CAUSE OF ACTION – INFRINGEMENT OF ‘441 PATENT
`17. Plaintiff hereby repeats and re-alleges the allegations contained in paragraphs
`1 to 16, as if fully set forth herein.
`18. On April 13, 1999, U.S. Patent No. 5,894,441 (“the ‘441 patent”), entitled
`“Semiconductor Memory Device With Redundancy Circuit,” a copy of which is attached
`hereto as Exhibit C, was duly and legally issued to the inventor, Shigeyuki Nakazawa.
`The ‘441 patent issued from U.S. patent application Serial Number 09/050,354 filed
`March 31, 1998 and discloses novel memory devices with structures designed to identify
`a defective region on the memory device such that a redundant region may be used in lieu
`of the defective region. The inventor assigned all right, title, and interest in the ‘441
`patent to NEC Corporation (hereinafter “NEC”). NEC’s right, title, and interest in the
`‘441 patent was subsequently assigned to NEC Electronics Corporation, which further
`assigned such right, title, and interest to Renesas Electronics Corp. (hereinafter
`“Renesas”). Renesas assigned all right, title, and interest in the ‘441 patent to Acacia
`Research Group LLC (“ARG”). The assignment to ARG was made subject only to
`certain prior non-exclusive license agreements and a limited non-exclusive and non-
`transferable limited license to Renesas. Neither the prior licensees nor Renesas possesses
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`LIMESTONE MEMORY SYSTEMS LLC V. DELL INC.
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`any right to sue for or collect past, present and future damages or to seek and obtain
`injunctive or any other relief for infringement of the ‘441 patent.
`19. Prior to the commencement of this action, ARG assigned all right, title, and
`interest in the ‘441 patent to LMS, its wholly owned designated affiliate, including all of
`ARG’s rights, obligations, interests and liabilities under the assignment agreement with
`Renesas. LMS assumed all such rights, obligations, interests and liabilities of ARG under
`such assignment agreement. LMS thus possesses the right to sue for or collect past,
`present and future damages or to seek and obtain injunctive or any other relief for
`infringement of the ‘441 patent.
`20. Defendant Dell, directly and/or through its subsidiaries, affiliates, agents,
`and/or business partners, has in the past and continues to directly infringe the ‘441 patent
`pursuant to 35 U.S.C. § 271(a) by making, having made, using, selling, offering to sell
`and/or importing devices incorporating memory devices that embody the invention
`claimed in the ‘441 patent, within the United States and within this District. Dell has been
`and is engaged in one or more of these direct infringing activities related to its
`manufacture, distribution, support, and sales of devices such as servers, personal
`computers and laptop computers that incorporate DRAM chips manufactured by Micron
`including at least DDR2, DDR3, DDR4, LPSDR, LPDDR, LPDDR2, LPDDR3, LPDDR4
`GDDR5, and RLDRAM chips (hereinafter “the ‘441 DRAM Chips”) and any other
`Micron chip having substantially similar structures for managing defective regions of the
`chip.
`21. A non-exhaustive list of part numbers associated with the ‘441 DRAM Chips
`appears in a part catalog provided on Micron’s website (http://www.micron.com/), which
`list is attached hereto as Exhibit D.
`22. Defendant Dell’s infringing devices include, for example and without
`limitation, the following computing devices incorporating one or more of the ‘504 DRAM
`Chips:
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`Case 8:15-cv-00648-DOC-RNB Document 1 Filed 04/23/15 Page 8 of 19 Page ID #:8
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`a. XPS13 Laptop with Micron J8416E6MB-GNL-F 8 GB (8 x 1 GB)
`DDR3L-RS 1600 MHz dual-channel RAM
`b. Alienware 17 Laptop with Micron 4GB PC3L-12800 RAM
`c. Precision T3610 Workstation with Micron P320h PCIe SSD drive
`d. Precision T5610 Workstation with Micron P320h PCIe SSD drive
`e. Precision T5810 Workstation with Micron P320h PCIe SSD drive
`f. Precision T7610 Workstation with Micron P320h PCIe SSD drive
`g. Precision T7810 Workstation with Micron P420m PCIe SSD drives
`h. Precision Rack 7810 Workstation with Micron P420m PCIe SSD
`drives
`i. Precision Rack 7910 Workstation with Micron P420m PCIe SSD drive
`j. PowerEdge T620 Blade Server with Micron P320h PCIe SSD drive
`k. PowerEdge M620 Blade Server with Micron P320h PCIe SSD drive
`l. PowerEdge M820 Blade Server with Micron P320h PCIe SSD drive
`m. PowerEdge R620 Rack Server with Micron P320h PCIe SSD drive
`n. PowerEdge R720 Rack Server with Micron P320h PCIe SSD drive
`o. PowerEdge R820 Rack Server with Micron P320h PCIe SSD drive
`p. Inspiron 14 7437 Laptop with Micron C400 256GB mSATA SSD
`23. The service of this Complaint will provide Dell with actual notice of the ‘441
`patent and of Plaintiff’s infringement allegations herein.
`24. Dell’s direct infringement of the ‘441 patent has injured LMS. LMS is
`entitled to recover damages adequate to compensate for such infringement pursuant to 35
`U.S.C. § 284.
`25. Unless it ceases its infringing activities, Dell will continue to injure LMS by
`directly infringing the ‘441 patent.
`26. Upon
`infringement
`its
`information and belief, Dell will continue
`notwithstanding its actual knowledge of the ‘441 patent and while lacking an objectively
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`LIMESTONE MEMORY SYSTEMS LLC V. DELL INC.
`COMPLAINT FOR PATENT INFRINGEMENT
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`reasonable good faith basis to believe that its activities do not infringe any valid claim of
`the ‘441 patent. As such, Dell’s future acts of infringement will constitute continuing
`willful infringement of the ‘441 patent.
`THIRD CAUSE OF ACTION – INFRINGEMENT OF ‘260 PATENT
`27. Plaintiff hereby repeats and re-alleges the allegations contained in paragraphs
`1 to 26, as if fully set forth herein.
`28. On August 24, 1999, U.S. Patent No. 5,943,260 (“the ‘260 patent”), entitled
`“Method For High-Speed Programming Of A Nonvolatile Semiconductor Memory
`Device,” a copy of which is attached hereto as Exhibit E, was duly and legally issued to
`the inventor, Tsuyoshi Hirakawa. The ‘260 patent issued from U.S. patent application
`Serial Number 09/027,215 filed February 20, 1998 and discloses novel methods for
`programming multi-valued memory cells in parallel within an array of such memory cells,
`by selectively increasing the voltage applied to groups of the cells. The inventor assigned
`all right, title, and interest in the ‘260 patent to NEC Corporation (hereinafter “NEC”).
`NEC’s right, title, and interest in the ‘260 patent was subsequently assigned to NEC
`Electronics Corporation, which further assigned such right, title, and interest to Renesas
`Electronics Corp. (hereinafter “Renesas”). Renesas assigned all right, title, and interest in
`the ‘260 patent to Acacia Research Group LLC (“ARG”). The assignment to ARG was
`made subject only to certain prior non-exclusive license agreements and a limited non-
`exclusive and non-transferable limited license to Renesas. Neither the prior licensees nor
`Renesas possesses any right to sue for or collect past, present and future damages or to
`seek and obtain injunctive or any other relief for infringement of the ‘260 patent.
`29. Prior to the commencement of this action, ARG assigned all right, title, and
`interest in the ‘260 patent to LMS, its wholly owned designated affiliate, including all of
`ARG’s rights, obligations, interests and liabilities under the assignment agreement with
`Renesas. LMS assumed all such rights, obligations, interests and liabilities of ARG under
`such assignment agreement. LMS thus possesses the right to sue for or collect past,
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`present and future damages or to seek and obtain injunctive or any other relief for
`infringement of the ‘260 patent.
`30. Defendant Dell, directly and/or through its subsidiaries, affiliates, agents,
`and/or business partners, has in the past and continues to directly infringe the ‘260 patent
`pursuant to 35 U.S.C. § 271(a) by practicing the method claimed in the ‘260 patent in
`connection with memory devices incorporated within computing devices made, used,
`sold, offered for sale and/or imported within the United States and within this District;
`and/or pursuant to 35 U.S.C. § 271(g) at least by importing into the United States or
`offering to sell, selling, or using within the United States computing devices incorporating
`memory devices which were made by method claimed in the ‘260 patent during the term
`of the ‘260 patent.
`31. Dell has been and is engaged in one or more of these direct infringing
`activities related to its manufacture, distribution, support, and sales of devices such as
`servers, personal computers and laptop computers that incorporate that incorporate multi-
`level cell (“MLC”) and triple-level cell (“TLC”) flash memory chips manufactured by
`Micron (hereinafter the “Micron Flash Chips”) and any other Micron chip using
`substantially similar techniques for programming arrays of multi-valued memory cells.
`32. A non-exhaustive list of part numbers associated with the Micron Flash
`Chips appears in a part catalog provided on Micron’s website (http://www.micron.com/),
`which list is attached hereto as Exhibit F.
`33. Defendant Dell’s infringing devices include, for example and without
`limitation, the following computing devices incorporate one or more of the Micron Flash
`Chips:
`
`a. Precision T7810 Workstation with Micron P420m PCIe SSD drives
`b. Precision Rack 7810 Workstation with Micron P420m PCIe SSD
`drives
`c. Precision Rack 7910 Workstation with Micron P420m PCIe SSD drive
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`COMPLAINT FOR PATENT INFRINGEMENT
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`d. Inspiron 14 7437 Laptop with Micron C400 256GB mSATA SSD
`34. The service of this Complaint will provide Dell with actual notice of the ‘260
`patent and of Plaintiff’s infringement allegations herein.
`35. Dell’s direct infringement of the ‘260 patent has injured LMS. LMS is
`entitled to recover damages adequate to compensate for such infringement pursuant to 35
`U.S.C. § 284.
`36. Unless it ceases its infringing activities, Defendant Dell will continue to
`injure LMS by directly infringing the ‘260 patent.
`37. Upon information and belief, Defendant Dell will continue its infringement
`notwithstanding its actual knowledge of the ‘260 patent and while lacking an objectively
`reasonable good faith basis to believe that its activities do not infringe any valid claim of
`the ‘260 patent. As such, Dell’s future acts of infringement will constitute continuing
`willful infringement of the ‘260 patent.
`FOURTH CAUSE OF ACTION – INFRINGEMENT OF ‘181 PATENT
`38. Plaintiff hereby repeats and re-alleges the allegations contained in paragraphs
`1 to 37, as if fully set forth herein.
`39. On May 15, 2001, U.S. Patent No. 6,233,181 (“the ‘181 patent”), entitled
`“Semiconductor Memory Device With Improved Flexible Redundancy Scheme” a copy
`of which is attached hereto as Exhibit G, was duly and legally issued to the inventor,
`Hideto Hidaka. The ‘181 patent issued from U.S. patent application Serial Number
`09/251,352 filed February 17, 1999 and discloses novel memory devices with redundant
`rows of memory cells, available for use among a particular group of memory sub-arrays.
`The inventor assigned all right, title, and interest in the ‘181 patent to Mitsubishi Denki
`Kabushiki Kaisha (hereinafter “Mitsubishi”). Mitsubishi’s right, title, and interest in the
`‘181 patent was subsequently assigned to Renesas Electronics Corp. (hereinafter
`“Renesas”). Renesas assigned all right, title, and interest in the ‘181 patent to Acacia
`Research Group LLC (“ARG”). The assignment to ARG was made subject only to
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`COMPLAINT FOR PATENT INFRINGEMENT
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`certain prior non-exclusive license agreements and a limited non-exclusive and non-
`transferable limited license to Renesas. Neither the prior licensees nor Renesas possesses
`any right to sue for or collect past, present and future damages or to seek and obtain
`injunctive or any other relief for infringement of the ‘181 patent.
`40. Prior to the commencement of this action, ARG assigned all right, title, and
`interest in the ‘181 patent to LMS, its wholly owned designated affiliate, including all of
`ARG’s rights, obligations, interests and liabilities under the assignment agreement with
`Renesas. LMS assumed all such rights, obligations, interests and liabilities of ARG under
`such assignment agreement. LMS thus possesses the right to sue for or collect past,
`present and future damages or to seek and obtain injunctive or any other relief for
`infringement of the ‘181 patent.
`41. Defendant Dell, directly and/or through its subsidiaries, affiliates, agents,
`and/or business partners, has in the past and continues to directly infringe the ‘181 patent
`pursuant to 35 U.S.C. § 271(a) by making, having made, using, selling, offering to sell
`and/or importing devices incorporating memory devices that embody the invention
`claimed in the ‘181 patent, within the United States and within this District. Dell has been
`and is engaged in one or more of these direct infringing activities related to its
`manufacture, distribution, support, and sales of devices such as servers, personal
`computers and laptop computers that incorporate DRAM chips manufactured by Micron,
`including at least its DDR2, DDR3, DDR4, LPSDR, LPDDR, LPDDR2, LPDDR3,
`LPDDR4 GDDR5, and RLDRAM chips (hereinafter “the ‘181 DRAM Chips”) and any
`other Micron chip having substantially similar structures providing redundant memory
`cells.
`
`42. A non-exhaustive list of part numbers associated with the ‘181 DRAM Chips
`appears in a part catalog provided on Micron’s website (http://www.micron.com/), which
`list is attached hereto as Exhibit H.
`
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`LIMESTONE MEMORY SYSTEMS LLC V. DELL INC.
`COMPLAINT FOR PATENT INFRINGEMENT
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`Case 8:15-cv-00648-DOC-RNB Document 1 Filed 04/23/15 Page 13 of 19 Page ID #:13
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`43. Defendant Dell’s infringing devices include, for example and without
`limitation, the following computing devices incorporating one or more of the ‘181 DRAM
`Chips:
`
`a. XPS13 Laptop with Micron J8416E6MB-GNL-F 8 GB (8 x 1 GB)
`DDR3L-RS 1600 MHz dual-channel RAM
`b. Alienware 17 Laptop with Micron 4GB PC3L-12800 RAM
`c. Precision T3610 Workstation with Micron P320h PCIe SSD drive
`d. Precision T5610 Workstation with Micron P320h PCIe SSD drive
`e. Precision T5810 Workstation with Micron P320h PCIe SSD drive
`f. Precision T7610 Workstation with Micron P320h PCIe SSD drive
`g. Precision T7810 Workstation with Micron P420m PCIe SSD drives
`h. Precision Rack 7810 Workstation with Micron P420m PCIe SSD
`drives
`i. Precision Rack 7910 Workstation with Micron P420m PCIe SSD drive
`j. PowerEdge T620 Blade Server with Micron P320h PCIe SSD drive
`k. PowerEdge M620 Blade Server with Micron P320h PCIe SSD drive
`l. PowerEdge M820 Blade Server with Micron P320h PCIe SSD drive
`m. PowerEdge R620 Rack Server with Micron P320h PCIe SSD drive
`n. PowerEdge R720 Rack Server with Micron P320h PCIe SSD drive
`o. PowerEdge R820 Rack Server with Micron P320h PCIe SSD drive
`p. Inspiron 14 7437 Laptop with Micron C400 256GB mSATA SSD
`44. The service of this Complaint will provide Dell with actual notice of the ‘181
`patent and of Plaintiff’s infringement allegations herein.
`45. Dell’s direct infringement of the ‘181 patent has injured LMS. LMS is
`entitled to recover damages adequate to compensate for such infringement pursuant to 35
`U.S.C. § 284.
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`LIMESTONE MEMORY SYSTEMS LLC V. DELL INC.
`COMPLAINT FOR PATENT INFRINGEMENT
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`Case 8:15-cv-00648-DOC-RNB Document 1 Filed 04/23/15 Page 14 of 19 Page ID #:14
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`46. Unless it ceases its infringing activities, Defendant Dell will continue to
`injure LMS by directly infringing the ‘181 patent.
`47. Upon information and belief, Defendant Dell will continue its infringement
`notwithstanding its actual knowledge of the ‘181 patent and while lacking an objectively
`reasonable good faith basis to believe that its activities do not infringe any valid claim of
`the ‘181 patent. As such, Dell’s future acts of infringement will constitute continuing
`willful infringement of the ‘181 patent.
`FIFTH CAUSE OF ACTION – INFRINGEMENT OF ‘296 PATENT
`48. Plaintiff hereby repeats and re-alleges the allegations contained in paragraphs
`1 to 47, as if fully set forth herein.
`49. On May 15, 2004, U.S. Patent No. 6,697,296 (“the ‘296 patent”), entitled
`“Clock Synchronous Semiconductor Memory Device” a copy of which is attached hereto
`as Exhibit I, was duly and legally issued to the inventors, Junko Matsumoto, et al. The
`‘296 patent issued from U.S. patent application Serial Number 10/140,937 filed May 9,
`2002 and discloses novel memory devices with input/output buffers that can be disabled
`to reduce the power consumption of the memory device when it is in a low-power state.
`The inventors assigned all right, title, and interest in the ‘296 patent to Mitsubishi Denki
`Kabushiki Kaisha (hereinafter “Mitsubishi”). Mitsubishi’s right, title, and interest in the
`‘296 patent was subsequently assigned to Renesas Technology Group, which further
`assigned such right, title, and interest to Renesas Electronics Corp. (hereinafter
`“Renesas”). Renesas assigned all right, title, and interest in the ‘296 patent to Acacia
`Research Group LLC (“ARG”). The assignment to ARG was made subject only to
`certain prior non-exclusive license agreements and a limited non-exclusive and non-
`transferable limited license to Renesas. Neither the prior licensees nor Renesas possesses
`any right to sue for or collect past, present and future damages or to seek and obtain
`injunctive or any other relief for infringement of the ‘296 patent.
`
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`LIMESTONE MEMORY SYSTEMS LLC V. DELL INC.
`COMPLAINT FOR PATENT INFRINGEMENT
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`Case 8:15-cv-00648-DOC-RNB Document 1 Filed 04/23/15 Page 15 of 19 Page ID #:15
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`50. Prior to the commencement of this action, ARG assigned all right, title, and
`interest in the ‘296 patent to LMS, its wholly owned designated affiliate, including all of
`ARG’s rights, obligations, interests and liabilities under the assignment agreement with
`Renesas. LMS assumed all such rights, obligations, interests and liabilities of ARG under
`such assignment agreement. LMS thus possesses the right to sue for or collect past,
`present and future damages or to seek and obtain injunctive or any other relief for
`infringement of the ‘296 patent.
`51. Defendant Dell, directly and/or through its subsidiaries, affiliates, agents,
`and/or business partners, has in the past and continues to directly infringe the ‘296 patent
`pursuant to 35 U.S.C. § 271(a) by making, having made, using, selling, offering to sell
`and/or importing devices incorporating memory devices that embody the invention
`claimed in the ‘296 patent, within the United States and within this District. Dell has been
`and is engaged in one or more of these direct infringing activities related to its
`manufacture, distribution, support, and sales of devices such as servers, personal
`computers and laptop computers that incorporate DRAM chips manufactured by Micron,
`including at least its DDR3, DDR4, LPDDR3, and LRPDDR4 chips (hereinafter “the ‘296
`DRAM Chips”) and any other Micron chip having substantially similar capability to
`disable input/output buffers in a low power state.
`52. A non-exhaustive list of part numbers associated with the ‘296 DRAM Chips
`appears in a part catalog provided on Micron’s website (http://www.micron.com/), which
`list is attached hereto as Exhibit J.
`53. Defendant Dell’s infringing devices include, for example and without
`limitation, the following computing devices incorporating one or more of the ‘296 DRAM
`Chips:
`
`a. XPS13 Laptop with Micron J8416E6MB-GNL-F 8 GB (8 x 1 GB)
`DDR3L-RS 1600 MHz dual-channel RAM
`b. Alienware 17 Laptop with Micron 4GB PC3L-12800 RAM
`
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`LIMESTONE MEMORY SYSTEMS LLC V. DELL INC.
`COMPLAINT FOR PATENT INFRINGEMENT
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`Case 8:15-cv-00648-DOC-RNB Document 1 Filed 04/23/15 Page 16 of 19 Page ID #:16
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`c. Precision T3610 Workstation with Micron P320h PCIe SSD drive
`d. Precision T5610 Workstation with Micron P320h PCIe SSD drive
`e. Precision T5810 Workstation with Micron P320h PCIe SSD drive
`f. Precision T7610 Workstation with Micron P320h PCIe SSD drive
`g. Precision T7810 Workstation with Micron P420m PCIe SSD drives
`h. Precision Rack 7810 Workstation with Micron P420m PCIe SSD
`drives
`i. Precision Rack 7910 Workstation with Micron P420m PCIe SSD