Case 5:16-cv-02252-BLF Document 1 Filed 07/21/15 Page 1 of 6
`
`UNITED STATES DISTRICT COURT
`WESTERN DISTRICT OF TEXAS
`AUSTIN DIVISION
`
`DANIEL L. FLAMM, Sc.D.
`
`
`
`Plaintiff,
`
` v.
`
`SAMSUNG ELECTRONICS CO., LTD.;
`SAMSUNG ELECTRONICS AMERICA,
`INC.; SAMSUNG SEMICONDUCTOR,
`INC.; and SAMSUNG AUSTIN
`SEMICONDUCTOR, LLC,
`
`
`
`Defendants.
`
`
`
`
`
`Case No. 1:15-cv-613
`
`
`JURY TRIAL DEMANDED
`
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`Plaintiff Daniel L. Flamm, Sc.D., hereby alleges by way of complaint against Defendants
`
`Samsung Electronics Co., Ltd., Samsung Electronics America, Inc., Samsung Semiconductor,
`
`Inc., and Samsung Austin Semiconductor, LLC, as follows:
`
`THE PARTIES
`
`1.
`
`Dr. Flamm is the owner and inventor (or co-inventor) of United States Patent Nos.
`
`5,711,849, 6,017,221, and RE40,264 (collectively, “the Flamm Patents”). Dr. Flamm is an
`
`individual who resides in California. The Flamm patents involve methods used in the fabrication
`
`of semiconductors.
`
`2.
`
`Samsung Electronics Co., Ltd. is a foreign corporation with its headquarters at
`
`250, 2-ga, Taepyung-ro, Jung-gu, Seoul 100-742, Republic of Korea. Samsung Electronics Co.,
`
`Ltd. does substantial business in this judicial district including the marketing, sale, offering for
`
`sale, and importation of semiconductors that are manufactured in a manner that infringes the
`
`Flamm Patents.
`
`
`
`1
`
`
`
`UNITED STATES DISTRICT COURT
`WESTERN DISTRICT OF TEXAS
`AUSTIN DIVISION
`
`DANIEL L. FLAMM, Sc.D.
`
`
`
`Plaintiff,
`
` v.
`
`SAMSUNG ELECTRONICS CO., LTD.;
`SAMSUNG ELECTRONICS AMERICA,
`INC.; SAMSUNG SEMICONDUCTOR,
`INC.; and SAMSUNG AUSTIN
`SEMICONDUCTOR, LLC,
`
`
`
`Defendants.
`
`
`
`
`
`Case No. 1:15-cv-613
`
`
`JURY TRIAL DEMANDED
`
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`Plaintiff Daniel L. Flamm, Sc.D., hereby alleges by way of complaint against Defendants
`
`Samsung Electronics Co., Ltd., Samsung Electronics America, Inc., Samsung Semiconductor,
`
`Inc., and Samsung Austin Semiconductor, LLC, as follows:
`
`THE PARTIES
`
`1.
`
`Dr. Flamm is the owner and inventor (or co-inventor) of United States Patent Nos.
`
`5,711,849, 6,017,221, and RE40,264 (collectively, “the Flamm Patents”). Dr. Flamm is an
`
`individual who resides in California. The Flamm patents involve methods used in the fabrication
`
`of semiconductors.
`
`2.
`
`Samsung Electronics Co., Ltd. is a foreign corporation with its headquarters at
`
`250, 2-ga, Taepyung-ro, Jung-gu, Seoul 100-742, Republic of Korea. Samsung Electronics Co.,
`
`Ltd. does substantial business in this judicial district including the marketing, sale, offering for
`
`sale, and importation of semiconductors that are manufactured in a manner that infringes the
`
`Flamm Patents.
`
`
`
`1
`
`
`
`Case 5:16-cv-02252-BLF Document 1 Filed 07/21/15 Page 2 of 6
`
`3.
`
`Samsung Electronics America, Inc. is a corporation organized and existing under
`
`the law of the State of New York with its principal place of business at 85 Challenger Road,
`
`Ridgefield Park, NJ 07660. Samsung Electronics America, Inc. is registered to do business in
`
`Texas and can be served with process through its registered agent, CT Corporation Systems, 350
`
`N. St. Paul Street, Suite 2900, Dallas, TX 75201.
`
`4.
`
`Samsung Semiconductor, Inc. is a corporation organized and existing under the
`
`law of the State of California with its principal place of business at 3655 N. First Street, San
`
`Jose, CA 95134. Samsung Semiconductor, Inc. can be served with process through its registered
`
`agent, National Registered Agents, Inc., 1999 Bryan St. Ste. 900, Dallas, TX 75201.
`
`5.
`
`Samsung Austin Semiconductor, LLC is a limited liability company organized
`
`and existing under the law of the State of Delaware with its principal place of business at 12100
`
`Samsung Boulevard, Austin, TX 78754. Upon information and belief, Samsung Austin
`
`Semiconductor, LLC does substantial business in this judicial district including the marketing,
`
`sale, offering for sale, and importation of semiconductors that are manufactured in a manner that
`
`infringes the Flamm Patents. Samsung Austin Semiconductor, LLC can be served with process
`
`through its registered agent, The Corporation Trust Company, 1209 Orange St., Wilmington, DE
`
`19801.
`
`6.
`
`Samsung Electronics Co., Ltd., Samsung Electronics America, Inc., Samsung
`
`Semiconductor, Inc., and Samsung Austin Semiconductor, LLC are referred to collectively
`
`herein as “Defendants” or “Samsung.”
`
`
`
`
`
`
`
`
`
`2
`
`
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`Case 5:16-cv-02252-BLF Document 1 Filed 07/21/15 Page 3 of 6
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`JURISDICTION AND VENUE
`
`7.
`
`The Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331 and
`
`1338(a) because the action arises under the patent laws of the United States, 35 U.S.C. §§ 1 et
`
`seq.
`
`8.
`
`Personal jurisdiction exists generally over each of the Defendants because each
`
`Defendant has sufficient minimum contacts with this forum as a result of business conducted
`
`within the State of Texas. Personal jurisdiction exists specifically over each of the Defendants
`
`because each Defendant, directly or through subsidiaries or intermediaries, has done business in
`
`the State of Texas, has committed acts of infringement, and continues to commit acts of
`
`infringement in the State of Texas.
`
`9.
`
`Venue is proper in this federal district pursuant to 28 U.S.C. §§ 1391(b)-(c) and
`
`1400(b) in that each Defendant has done business in this district, has committed acts of
`
`infringement in this judicial district, and continues to commit acts of infringement in this district,
`
`entitling Dr. Flamm to relief.
`
`COUNT I – PATENT INFRINGEMENT (NO. 5,711,849)
`
`10.
`
`On January 27, 1998, United States Patent No. 5,711,849 (“the ‘849 Patent”) was
`
`issued for inventions titled “Process Optimization in Gas Phase Dry Etching.” A true and correct
`
`copy of the ‘849 Patent is attached hereto as Exhibit A. Dr. Flamm is the co-inventor and sole
`
`owner of the ‘849 Patent.
`
`11.
`
`Upon information and belief, Samsung has directly infringed and continues to
`
`infringe the ‘849 Patent. The infringing acts include, but are not limited to, the use of the
`
`methods taught in the ‘849 Patent Patent to manufacture semiconductors.
`
`
`
`3
`
`
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`Case 5:16-cv-02252-BLF Document 1 Filed 07/21/15 Page 4 of 6
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`12.
`
` Samsung’s infringement of the methods taught in the ‘849 Patent has damaged
`
`Dr. Flamm, and Dr. Flamm is entitled to recover from Samsung the damages he has suffered as a
`
`result of Samsung’s wrongful acts of infringement in an amount subject to proof at trial.
`
`13.
`
`Samsung is liable for infringement of the ‘849 Patent pursuant to 35 U.S.C. § 271.
`
`COUNT II – PATENT INFRINGEMENT (NO. 6,017,221)
`
`14.
`
`On January 25, 2000, United States Patent No. 6,017,221 (“the ‘221 Patent”) was
`
`issued for inventions titled “Process Depending on Plasma Discharging Sustained by Inductive
`
`Coupling.” A true and correct copy of the ‘221 Patent is attached hereto as Exhibit B. Dr.
`
`Flamm is the sole inventor and owner of the ‘221 Patent.
`
`15.
`
`Upon information and belief, Samsung has directly infringed and continues to
`
`infringe the ‘221 Patent. The infringing acts include, but are not limited to, the use of the
`
`methods taught in the ‘221 Patent to manufacture semiconductors.
`
`16.
`
`Samsung’s infringement of the methods taught in the ‘221 Patent has damaged
`
`Dr. Flamm, and Dr. Flamm is entitled to recover from Samsung the damages he has suffered as a
`
`result of Samsung’s wrongful acts of infringement in an amount subject to proof at trial.
`
`17.
`
`Samsung is liable for infringement of the ‘221 Patent pursuant to 35 U.S.C. § 271.
`
`COUNT III – PATENT INFRINGEMENT (NO. RE40,264)
`
`18.
`
`On April 29, 2008, United States Reissued Patent No. RE40,264 (“the ‘264
`
`Patent”) was issued for inventions titled “Multi-Temperature Processing.” A true and correct
`
`copy of the ‘264 Patent is attached hereto as Exhibit C. Dr. Flamm is the sole inventor and
`
`owner of the ‘264 Patent.
`
`
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`4
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`Case 5:16-cv-02252-BLF Document 1 Filed 07/21/15 Page 5 of 6
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`19.
`
`Upon information and belief, Samsung has directly infringed and continues to
`
`infringe the ‘264 Patent. The infringing acts include, but are not limited to, the use of the
`
`methods taught in the ‘264 Patent to manufacture semiconductors.
`
`20.
`
`Samsung’s infringement of the methods taught in the ‘264 Patent has damaged
`
`Dr. Flamm, and Dr. Flamm is entitled to recover from Samsung the damages he has suffered as a
`
`result of Samsung’s wrongful acts of infringement in an amount subject to proof at trial.
`
`21.
`
`Samsung is liable for infringement of the ‘264 Patent pursuant to 35 U.S.C. § 271.
`
`PRAYER FOR RELIEF
`
`WHEREFORE, Dr. Flamm prays for entry of judgment:
`
`a)
`
`b)
`
`c)
`
`d)
`
`e)
`
`f)
`
`g)
`
`that Samsung has infringed one or more claims of the ‘849 Patent;
`
`that Samsung has infringed one or more claims of the ‘221 Patent;
`
`that Samsung has infringed one or more claims of the ‘264 Patent;
`
`awarding Dr. Flamm sufficient damages to compensate Dr. Flamm for such
`infringement;
`
`awarding Dr. Flamm his attorneys’ fees incurred in this action;
`
`awarding costs to Dr. Flamm; and
`
`such further relief as the Court deems appropriate.
`
`
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`5
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`Case 5:16-cv-02252-BLF Document 1 Filed 07/21/15 Page 6 of 6
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`July 21, 2015
`
`
`
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`
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`Respectfully submitted,
`
`
`
`
`
`
`
`By:/s/Andrew W. Spangler
`Andrew W. Spangler
`(Spangler@Spanglerlaw.com)
`SPANGLER LAW P.C.
`208 N. Green Street, Suite 300
`Longview, TX 75601
`Telephone: (903) 753-9300
`Facsimile: (903) 553-0403
`
`-and-
`
`Rolf O. Stadheim (pending pro hac vice)
`(Stadheim@Stadheimgrear.com)
`George C. Summerfield (pending pro hac vice)
`(Summerfield@Stadheimgrear.com)
`Robert M. Spalding (pending pro hac vice)
`(Spalding@Stadheimgrear.com)
`STADHEIM & GREAR, LTD.
`400 N. Michigan Avenue, Suite 2200
`Chicago, Illinois 60611
`Telephone: (312) 755-4400
`Facsimile: (312) 755-4408
`
`Attorneys for Defendant Daniel L. Flamm
`
`
`
`
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`6
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