Case 5:16-cv-01581-BLF Document 2 Filed 04/22/16 Page 1 of 6
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`STADHEIM & GREAR, LTD.
`George C. Summerfield (Summerfield@stadheimgrear.com)
`Rolf O. Stadheim (Stadheim@stadheimgrear.com)
`Robert M. Spalding (Spalding@stadheimgrear.com)
`400 N. Michigan Avenue, Suite 2200
`Chicago, Illinois 60611
`Telephone: (312) 755-4400
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`LAW OFFICES OF KENNETH C. BROOKS
`Kenneth C. Brooks (kcb@brookspatents.com)
`1578 Centre Point Dr.
`Milpitas, CA 95035
`Telephone: (408) 368-7997
`
`Attorneys for Plaintiff
`DANIEL L. FLAMM
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`UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF CALIFORNIA
`SAN JOSE DIVISION
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`DANIEL L. FLAMM, Sc.D.,
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`Case No. 5:16-cv-01581-BLF
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`Plaintiff,
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` v.
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`MICRON TECHNOLOGY, INC.,
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`Third-Party Defendants.
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`COMPLAINT
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`DEMAND FOR JURY TRIAL
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`Plaintiff Daniel L. Flamm Sc.D. hereby alleges, by way of complaint against
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`Micron Technology, Inc. as follows:
`1.
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`Dr. Flamm is the owner and inventor (or co-inventor) of United States
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`Patent Nos. 5,711,849 entitled “Process Optimization in Gas Phase Dry Etching”;
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`6,017,221 entitled “Process Depending on Plasma Discharges Sustained by Inductive
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`Coupling”; and RE40,264 entitled “Multi-Temperature Processing” (collectively, “the
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`Flamm Patents”). The Flamm Patents involve methods used in the fabrication of
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`semiconductors.
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`COMPLAINT
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`Case 5:16-cv-01581-BLF Document 2 Filed 04/22/16 Page 2 of 6
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`PARTIES
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`2.
`3.
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`Dr. Flamm is an individual who resides in Walnut Creek, California.
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`Micron Technology, Inc. is a corporation organized under the laws of the
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`State of Delaware with its principal place of business at 8000 S. Federal Way, Boise, ID
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`83716. Micron Technology maintains a place of business at Tasman Technology Park,
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`540 Alder Drive, Milpitas, CA 95035.
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`JURISDICTION AND VENUE
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`4.
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`This Court has subject matter jurisdiction over this dispute under 35
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`U.S.C. §§ 1331 and 1338(a).
`5.
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`This Court has personal jurisdiction over Micron because it has sufficient
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`minimum contacts with this forum. Micron is present within this judicial district and has
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`done business in the State of California related to its acts of infringement including
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`purchasing equipment used for infringement from Lam Research Corp.
`6.
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`Venue is proper in this judicial district under 35 U.S.C. §§ 1391(b),
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`1391(c), and 1400(b).
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`FACTS
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`7.
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`Lam Research Corporation filed a Second Amended Complaint in the
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`action styled Lam Research Corp. v. Daniel L. Flamm, Case No. 4:15-cv-01277-BLF
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`(Dkt. No. 80) on or about January 15, 2016. In that Second Amended Complaint, Lam
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`seeks, inter alia, a declaration that: “Lam and its customers do not design or use its
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`products in an infringing manner” for each of the Flamm Patents.
`8.
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`Micron is one of Lam’s customers and is included among the customers
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`on whose behalf Lam seeks relief.
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`COUNT I
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`Infringement of the ‘849 Patent
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`9.
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`Dr. Flamm hereby incorporates the allegations set forth in Paragraphs 1
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`through 11, as if fully set forth herein.
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`COMPLAINT
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`Case 5:16-cv-01581-BLF Document 2 Filed 04/22/16 Page 3 of 6
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`10.
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`On January 27, 1998, United States Patent No. 5,711,849 (“the ‘849
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`Patent”) was issued for inventions titled “Process Optimization in Gas Phase Dry
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`Etching.” A true and correct copy of the ‘849 Patent is attached hereto as Exhibit A. Dr.
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`Flamm is the co-inventor and sole owner of the ‘849 Patent.
`11.
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`Upon information and belief, Micron directly infringes the claims of the
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`‘849 patent by using equipment purchased from Lam (including the Kiyo product family)
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`and/or by using similar equipment that the third-party defendants may have purchased
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`from Applied Materials, Inc. and/or Tokyo Electron Ltd. to manufacture integrated
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`circuits in a manner that infringes the patents in-suit.
`12.
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`The infringement of the ‘849 Patent by Micron has damaged Dr. Flamm,
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`and Dr. Flamm is entitled to recover from Micron the damages he has suffered as a result
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`of Micron’s wrongful acts of infringement in an amount subject to proof at trial.
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`COUNT II
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`Infringement of the ‘221 Patent
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`13.
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`Dr. Flamm hereby incorporates the allegations set forth in Paragraphs 1
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`through 15, as if fully set forth herein.
`14.
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`On January 25, 2000, United States Patent No. 6,017,221 (“the ‘221
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`Patent”) was issued for inventions titled “Process Depending on Plasma Discharges
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`Sustained by Inductive Coupling.” A true and correct copy of the ‘221 Patent is attached
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`hereto as Exhibit B. Dr. Flamm is the inventor and sole owner of the ‘221 Patent.
`15.
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`Upon information and belief, Micron directly infringes the claims of the
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`‘221 patent by using equipment purchased from Lam (including the Kiyo product family)
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`and/or by using similar equipment that the third-party defendants may have purchased
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`from Applied Materials, Inc. and/or Tokyo Electron Ltd. to manufacture integrated
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`circuits in a manner that infringes the patents in-suit.
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`COMPLAINT
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`Case 5:16-cv-01581-BLF Document 2 Filed 04/22/16 Page 4 of 6
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`16.
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`The infringement of the ‘221 Patent by Micron has damaged Dr. Flamm,
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`and Dr. Flamm is entitled to recover from Micron the damages he has suffered as a result
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`of Micron’s wrongful acts of infringement in an amount subject to proof at trial.
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`COUNT III
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`Infringement of the ‘264 Patent
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`17.
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`Dr. Flamm hereby incorporates the allegations set forth in Paragraphs 1
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`through 19, as if fully set forth herein.
`18.
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`On April 29, 2008, United States Patent No. RE 40,264 (“the ‘264
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`Patent”) was issued for inventions titled “Multi-Temperature Processing.” A true and
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`correct copy of the ‘264 Patent is attached hereto as Exhibit C. Dr. Flamm is the inventor
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`and sole owner of the ‘264 Patent.
`19.
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`Upon information and belief, Micron directly infringes the claims of the
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`‘264 patent by using equipment purchased from Lam (including the Kiyo product family)
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`and/or by using similar equipment that the third-party defendants may have purchased
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`from Applied Materials, Inc. and/or Tokyo Electron Ltd. to manufacture integrated
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`circuits in a manner that infringes the patents in-suit.
`20.
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`The infringement of the ‘264 Patent by Micron has damaged Dr. Flamm,
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`and Dr. Flamm is entitled to recover from Micron the damages he has suffered as a result
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`of Micron’s wrongful acts of infringement in an amount subject to proof at trial.
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`PRAYER FOR RELIEF
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`that Micron has infringed one or more claims of the ‘849 Patent;
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`that Micron has infringed one or more claims of the ‘221 Patent;
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`WHEREFORE, Dr. Flamm prays for entry of judgment:
`a)
`b)
`c)
`d)
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`that Micron has infringed one or more claims of the ‘264 Patent;
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`awarding Dr. Flamm sufficient damages to compensate Dr. Flamm for
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`such infringement;
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`e)
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`awarding Dr. Flamm his attorneys’ fees incurred in this action;
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`COMPLAINT
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`Case 5:16-cv-01581-BLF Document 2 Filed 04/22/16 Page 5 of 6
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`f)
`g)
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`awarding costs to Dr. Flamm; and
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`such further relief as the Court deems appropriate.
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`JURY TRIAL DEMAND
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`Daniel L. Flamm hereby demands a trial by jury of all issues so triable.
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`April 22, 2016
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`Respectfully submitted,
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`STADHEIM & GREAR, LTD.
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`
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`
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`By: /s/ Robert M. Spalding
`George C. Summerfield
`(Summerfield@stadheimgrear.com)
`Rolf O. Stadheim
`(Stadheim@stadheimgrear.com)
`Robert M. Spalding
`(Spalding@stadheimgrear.com)
`400 N. Michigan Avenue, Suite 2200
`Chicago, Illinois 60611
`Telephone: (312) 755-4400
`Facsimile: (312) 755-4408
`
`LAW OFFICES OF KENNETH C. BROOKS
`Kenneth C. Brooks (kcb@brookspatents.com)
`1578 Centre Point Dr.
`Milpitas, CA 95035
`Telephone: (408) 368-7997
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`Attorneys for Plaintiff Daniel L. Flamm
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`COMPLAINT
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`Case 5:16-cv-01581-BLF Document 2 Filed 04/22/16 Page 6 of 6
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`CERTIFICATE OF SERVICE
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`I declare under penalty of perjury under the laws of the United States that on
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`April 22, 2016, a true and correct copy of the foregoing COMPLAINT was served in
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`accordance with Rule 5, Federal Rules of Civil Procedure on the following counsel of
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`record in the manner indicated:
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`Via CM/ECF
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`Jared Bobrow (jared.bobrow@weil.com)
`Amanda Branch (amanda.branch@weil.com)
`WEIL, GOTSHAL & MANGES LLP
`201 Redwood Shores Parkway
`Redwood Shores, CA 94065
`Telephone: (650) 802-3000
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`/s/ Robert M. Spalding
`Robert M. Spalding
`STADHEIM & GREAR, LTD.
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`Attorney for Plaintiff
`DANIEL L. FLAMM
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`COMPLAINT
`Case No. 5:16-cv-01581-BLF
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