Case 5:20-cv-05676-EJD Document 13-2 Filed 09/01/20 Page 1 of 28
`
`Exhibit B
`
`

`

`Case 5:20-cv-05676-EJD Document 13-2 Filed 09/01/20 Page 2 of 28
`
`Case 6:20-cv-00636-ADA Document 1 Filed 07/14/20 Page 1 of 27
`
`IN THE UNITED STATES DISTRICT COURT
`
`FOR THE WESTERN DISTRICT OF TEXAS
`
`WACO DIVISION
`
`DEMARAY LLC,
`
`Plaintiff,
`
`v.
`SAMSUNG ELECTRONICS CO., LTD (A
`KOREAN COMPANY), SAMSUNG
`ELECTRONICS AMERICA, INC.,
`SAMSUNG SEMICONDUCTOR, INC., and
`SAMSUNG AUSTIN SEMICONDUCTOR,
`LLC
`
`Defendants.
`
`20-CV-00636
` 6:
`Case No. ______________________
`
`JURY TRIAL DEMANDED
`
`DEMARAY LLC’S COMPLAINT
`FOR INFRINGEMENT OF U.S. PATENT NOS. 7,544,276 AND 7,381,657
`
`Plaintiff Demaray LLC (“Demaray”), by and through its undersigned counsel, pleads the
`
`following against Samsung Electronics Co., LTD (a Korean Company) (“Samsung Electronics”),
`
`Samsung Electronics America, Inc. (“Samsung Electronics America”), Samsung Semiconductor,
`
`Inc. (“Samsung Semiconductor”), and Samsung Austin Semiconductor LLC (“Samsung Austin
`
`Semiconductor”) (collectively, “Samsung” or “Defendants”), and alleges as follows:
`
`THE PARTIES
`
`1.
`
`Dr. Richard Ernest Demaray, a named inventor on both of the patents at issue in
`
`this case, has been working in and with the semiconductor industry for more than forty years.
`
`Dr. Demaray began his training in chemical physics, studying ultraviolet photoconductivity of
`
`- 1 -
`
`.
`
`

`

`Case 5:20-cv-05676-EJD Document 13-2 Filed 09/01/20 Page 3 of 28
`
`Case 6:20-cv-00636-ADA Document 1 Filed 07/14/20 Page 2 of 27
`
`materials. His doctoral work focused on cross-supersonic molecular and atomic beams with
`
`which he demonstrated lossless conversion of molecular vibration to light in vacuum. During his
`
`post-doctoral fellowship, he designed and built some of the first pulsed xcimer laser driven
`
`tunable dye lasers for resonant multiphoton photoionization in the cooled beam. That work
`
`became instrumental to understanding the photo-physics of the high lying states of small and
`
`aromatic molecules.
`
`2.
`
`Much of Dr. Demaray’s work in industry has involved advances in thin film
`
`technology. In the 1980s, he worked as a senior physicist at BOC Group on electron beam
`
`evaporation technology used to deposit thermal barrier coatings. His work on adherent electron
`
`beam evaporation thermal barrier coatings revolutionized high-temperature jet engine
`
`performance, efficiency and longevity. Dr. Demaray’s zirconia coatings are in worldwide
`
`production today on military, commercial and power generation turbine hot section blades and
`
`vanes. Later that decade and continuing into the early 1990s, Dr. Demaray worked at Varian
`
`Associates. He served as Varian’s R&D Director for thin film systems, and developed full-face
`
`erosion and sputter physical vapor deposition technology now used extensively in semiconductor
`
`manufacturing worldwide. In the late 1990s, he helped form Applied Komatsu, where he served
`
`as General Manager of the PVD division and developed wide-area magnetron sputter machines.
`
`Thereafter, he managed several additional companies in the thin film space, including
`
`Symmorphix Inc., where he served as Chief Technology Officer and Chairman of the Board.
`
`3.
`
`After serving in senior management roles at some of the more prominent
`
`companies in the industry, he founded Demaray in order to focus on research, development, and
`
`commercialization of new product applications based on technologies he had developed,
`
`including technologies protected by the patents at issue in this case. Much of that work—which
`
`
`
`
`
`- 2 -
`
`
`
`.
`
`

`

`Case 5:20-cv-05676-EJD Document 13-2 Filed 09/01/20 Page 4 of 28
`
`Case 6:20-cv-00636-ADA Document 1 Filed 07/14/20 Page 3 of 27
`
`remains ongoing—relates to the production of low-defect thin films for advanced electronic
`
`devices. In the course of his work, Dr. Demaray discovered that his patented technology was
`
`being used by Samsung, without authorization, to manufacture thin films in Samsung electronic
`
`devices with which Samsung is generating many tens of billions of dollars per year.
`
`4.
`
`Demaray is a Delaware limited liability company duly organized and existing under
`
`the laws of the State of Delaware. The address of the registered office of Demaray is 9 East
`
`Loockerman Street, Suite 202, Dover, DE 19901. The name of Demaray’s registered agent at that
`
`address is Spiegel & Utrera, P.A.
`
`5.
`
`Demaray is the assignee and owns all right, title, and interest to U.S. Patent Nos.
`
`7,544,276 (“the ’276 Patent”) and 7,381,657 (“the ’657 Patent”) (collectively, the “Asserted
`
`Patents”). A true and correct copy of the ’276 Patent is attached hereto as Exhibit 1. A true and
`
`correct copy of the ’657 Patent is attached hereto as Exhibit 2.
`
`6.
`
`On information and belief, Defendant Samsung Electronics America is a
`
`corporation duly organized and existing under the laws of the State of New York, having a regular
`
`and established place of business in the Western District of Texas, including at 12100 Samsung
`
`Blvd, Austin, Texas 78754.1 Defendant Samsung Electronics America may be served with process
`
`through its registered agent CT Corporation System, 1999 Bryan St., Ste. 900, Dallas, TX 75201-
`
`3136.
`
`7.
`
`On information and belief, Defendant Samsung Electronics is a company duly
`
`organized and existing under the laws of the Republic of Korea with its principal offices at 129
`
`Samsung-ro, Yeongtong-gu, Suwon-si, Gyeonggi-do, Republic of Korea. Further, upon
`
`information and belief, Samsung Electronics directs and controls the actions of Samsung
`
`
`1 https://www.samsung.com/semiconductor/about-us/location/manufacturing-centers/.
`
`
`
`
`
`- 3 -
`
`
`
`.
`
`

`

`Case 5:20-cv-05676-EJD Document 13-2 Filed 09/01/20 Page 5 of 28
`
`Case 6:20-cv-00636-ADA Document 1 Filed 07/14/20 Page 4 of 27
`
`Electronics America such that it too maintains a regular and established place of business in the
`
`Western District of Texas, including at 12100 Samsung Blvd, Austin, Texas 78754, and 2800
`
`Wells Branch Pkwy, Austin, Texas 78728.
`
`8.
`
`On information and belief, Defendant Samsung Semiconductor is a corporation
`
`organized and existing under the laws of the State of California, and is located at 3655 North
`
`First Street, San Jose, California 95134, and is believed to be a wholly-owned subsidiary of
`
`Samsung Electronics America. Defendant Samsung Semiconductor may be served with process
`
`through its registered agent National Registered Agents, Inc., 1999 Bryan St., Ste. 900, Dallas,
`
`TX 75201-3136.
`
`9.
`
`On information and belief, Defendant Samsung Austin Semiconductor is a limited
`
`liability company organized and existing under the laws of the State of Delaware, and is located
`
`at 12100 Samsung Boulevard, Austin, Texas 78754, and is believed to be a wholly owned
`
`subsidiary of Samsung Semiconductor. Defendant Samsung Austin Semiconductor operates the
`
`semiconductor fabrication plant known as the “S2-Line” in Austin, Texas, in which it uses
`
`manufacturing processes for semiconductors pertinent to this Complaint. Defendant Samsung
`
`Austin Semiconductor may be served with process through its registered agent CT Corporation
`
`System, 1999 Bryan St., Ste. 900, Dallas, TX 75201-3136.
`
`JURISDICTION AND VENUE
`
`10.
`
`This is an action arising under the patent laws of the United States, 35 U.S.C. § 1
`
`et seq. Accordingly, this Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331 and
`
`1338(a).
`
`11.
`
`Each Defendant is subject to this Court’s specific and general personal jurisdiction
`
`consistent with the principles of due process and/or the Texas Long Arm Statute.
`
`
`
`
`
`- 4 -
`
`
`
`.
`
`

`

`Case 5:20-cv-05676-EJD Document 13-2 Filed 09/01/20 Page 6 of 28
`
`Case 6:20-cv-00636-ADA Document 1 Filed 07/14/20 Page 5 of 27
`
`12.
`
`Personal jurisdiction exists generally over the Defendants because each Defendant
`
`has sufficient minimum contacts with the forum as a result of business conducted within the State
`
`of Texas and the Western District of Texas and/or has engaged in continuous and systematic
`
`activities in the Western District of Texas, and Defendants Samsung Electronics America,
`
`Samsung Semiconductor, and Samsung Austin Semiconductor are registered with the Secretary of
`
`State to do business in the State of Texas. Personal jurisdiction also exists over each Defendants
`
`because each, directly or through subsidiaries, makes, uses, sells, offers for sale, imports,
`
`advertises, makes available, and/or markets products or processes within the State of Texas and
`
`the Western District of Texas that infringe one or more claims of the Asserted Patents , as alleged
`
`more particularly below.
`
`13.
`
`Venue in this District is proper under 28 U.S.C. §§ 1400(b) and 1391(b) and (c)
`
`because each Defendant is subject to personal jurisdiction in this District and has committed acts
`
`of infringement in this District. Each Defendant, directly or through subsidiaries, makes, uses,
`
`sells, and/or offers to sell infringing products or processes within this District, has a continuing
`
`presence within the District, and has the requisite minimum contacts with the District such that
`
`this venue is a fair and reasonable one. Upon information and belief, each Defendant, directly or
`
`through subsidiaries, has transacted, and at the time of the filing of the Complaint, is continuing to
`
`transact business within this District.
`
`TECHNOLOGY BACKGROUND
`
`14.
`
`Semiconductor devices are generally manufactured using a series of process steps
`
`applied to a substrate. A particularly important portion of typical semiconductor manufacturing
`
`processes involves the deposition of thin films used to form structures in the final product. One
`
`of the most practical and effective approaches to thin film deposition used to make modern
`
`
`
`
`
`- 5 -
`
`
`
`.
`
`

`

`Case 5:20-cv-05676-EJD Document 13-2 Filed 09/01/20 Page 7 of 28
`
`Case 6:20-cv-00636-ADA Document 1 Filed 07/14/20 Page 6 of 27
`
`semiconductor devices, and which is often used a dozen or more times in manufacturing even a
`
`single semiconductor product, is called “magnetron sputtering.”
`
`15. Magnetron sputtering is a physical vapor deposition (“PVD”) technique. It can be
`
`carried out in a reactor that applies power to a target, e.g., a metal such as tantalum (Ta) or
`
`titanium (Ti), to deposit a thin film onto a substrate, e.g., silicon.
`
`16. Magnetron sputtering, as practiced in modern commercial operations, generally
`
`involves the use of magnets behind the negative cathode in the reactor to create magnetic and
`
`electrical fields superimposed on the metal target. See also, e.g., Ex. 1 at 8:38-60. An inert gas,
`
`e.g., argon, can be introduced into the chamber to create a magnetically confined ionized plasma.
`
`The plasma may be located near the surface of the metal target such that the positively charged
`
`plasma ions collide with the negatively charged metal target material ejecting atoms from the metal
`
`target, which then deposit on the substrate. See also, e.g., id. at 5:24-27.
`
`17.
`
`One form of magnetron sputtering is bias pulsed DC (“BPDC”) sputtering. As that
`
`process is practiced in semiconductor industry today, a DC power supply that provides alternating
`
`negative and positive voltages is generally applied to the metal target while an RF voltage is
`
`generally applied to the substrate. See also, e.g., id. at 2:45-3:7, 5:60-67.
`
`18.
`
`Reactive magnetron sputtering (“RMS”), as used currently for industrial scale
`
`semiconductor fabrication, generally includes the addition of a reactive gas, e.g., nitrogen, as a
`
`process gas while sputtering from a metal target. See also, e.g., id. at 8:61-67. As an example,
`
`RMS using nitrogen gas can be used for depositing dielectric barrier layers of tantalum nitride
`
`(TaN) or titanium nitride (TiN) for copper interconnects on silicon wafers for semiconductor
`
`devices. BPDC sputtering systems are now being used for RMS sputtering.
`
`
`
`
`
`- 6 -
`
`
`
`.
`
`

`

`Case 5:20-cv-05676-EJD Document 13-2 Filed 09/01/20 Page 8 of 28
`
`Case 6:20-cv-00636-ADA Document 1 Filed 07/14/20 Page 7 of 27
`
`FIRST CLAIM
`
`(Infringement of U.S. Patent No. 7,544,276)
`
`19.
`
`Demaray re-alleges and incorporates herein by reference Paragraphs 1-18 of its
`
`Complaint.
`
`20.
`
`The ’276 Patent, entitled “Biased pulse DC reactive sputtering of oxide films,” was
`
`duly and lawfully issued on June 9, 2009. Ex. 1.
`
`21.
`
`The ’276 Patent names Hongmei Zhang, Mukundan Narasimhan, Ravi B.
`
`Mullapudi, and Richard E. Demaray as co-inventors.
`
`22.
`
`The ’276 Patent has been in full force and effect since its issuance. Demaray owns
`
`by assignment the entire right, title, and interest in and to the ’276 Patent, including the right to
`
`seek damages for past, current, and future infringement thereof.
`
`23.
`
`The ’276 Patent relates generally to a configuration of a reactor for deposition of
`
`thin films “by pulsed DC reactive sputtering,” which, in certain implementations, uses “a pulsed
`
`DC power supply providing alternating negative and positive voltages to the target” and “a narrow
`
`band-rejection filter” coupled between the pulsed DC power supply and a target area that receives
`
`a metal target to provide high quality deposition layers. See, e.g., Ex. 1 at 1:12-14.
`
`24.
`
`The ’276 Patent also describes, among other things, “a substrate electrode coupled
`
`to an RF power supply. A substrate mounted on the substrate electrode is therefore supplied with
`
`a bias from the RF power supply.” Id. at 2:45-53.
`
`25.
`
`Demaray is informed and believes, and thereon alleges, that Samsung has infringed,
`
`and unless enjoined will continue to infringe, one or more claims of the ’276 Patent, in violation
`
`of 35 U.S.C. § 271, by, among other things, (1) making, using, offering to sell, and selling within
`
`the United States, supplying or causing to be supplied in or from the United States, and/or
`
`
`
`
`
`- 7 -
`
`
`
`.
`
`

`

`Case 5:20-cv-05676-EJD Document 13-2 Filed 09/01/20 Page 9 of 28
`
`Case 6:20-cv-00636-ADA Document 1 Filed 07/14/20 Page 8 of 27
`
`importing into the United States, without authority or license, semiconductor manufacturing
`
`equipment including reactive magnetron sputtering reactors configured as described in the claims
`
`of the ’276 Patent; and/or (2) supplying or causing to be supplied in or from the United States (a)
`
`all or a substantial portion of the components of semiconductor manufacturing equipment
`
`including reactive magnetron sputtering reactors configured as described in the claims of the ’276
`
`Patent in such manner as to actively induce the combination of such components outside of the
`
`United States in a manner that would infringe the ’276 Patent if such combination occurred within
`
`the United States, and/or (b) a component of semiconductor manufacturing equipment including
`
`reactive magnetron sputtering reactors configured as described in the claims of the ’276 Patent that
`
`is especially made or especially adapted for use in the invention and not a staple article or
`
`commodity of commerce suitable for substantial noninfringing use, where such component is
`
`uncombined in whole or in part, and Samsung knows that such component is so made or adapted
`
`and intends that such component will be combined outside of the United States in a manner that
`
`would infringe the ’276 patent if such combination occurred within the United States.
`
`26.
`
`For example, the accused products for the ’276 Patent embody every limitation of
`
`claims of the ’276 Patent, literally or under the doctrine of equivalents, including as set forth in
`
`the illustrative example below. The further descriptions below are preliminary examples and are
`
`non-limiting.
`
`[“1. A reactor according to the present invention, comprising:”]
`
`27.
`
`On information and belief, Samsung uses infringing RMS reactors (“Samsung
`
`RMS reactors”) according to the claims of the ’276 Patent in the production of its semiconductor
`
`
`
`
`
`- 8 -
`
`
`
`.
`
`

`

`Case 5:20-cv-05676-EJD Document 13-2 Filed 09/01/20 Page 10 of 28
`
`Case 6:20-cv-00636-ADA Document 1 Filed 07/14/20 Page 9 of 27
`
`products at its semiconductor fabrication plants and research facilities, including but not limited
`
`to premises within the United States.
`
`28.
`
`As an example, on information and belief, Samsung configures RMS reactors,
`
`including, but not limited to reactors in the Endura product line from Applied Materials, Inc.
`
`(“Applied Materials”) for deposition of layers (including, e.g., metal nitride layers, such as, for
`
`instance, TaN barrier layers and/or TiN hardmask layers) in its semiconductor products. Samsung
`
`has identified Applied Materials as a supplier.2 On information and belief, these reactors can be
`
`modified with application-specific process kits to deposit specific materials. The Endura product
`
`line includes reactors that can be configured for deposition of TaN layers (e.g., CuBS RFX PVD
`
`with the Encore II Ta(N) barrier chamber) and TiN layers (e.g., Cirrus ionized PVD chamber). A
`
`true and correct copy of a brochure for the Endura product line is attached as Exhibit 3. A true
`
`and correct copy of an article from the Nanochip Technical Journal regarding TaN deposition
`
`chambers is attached as Exhibit 4.3 A true and correct copy of a presentation on the Cirrus TiN
`
`deposition chambers is attached as Exhibit 5.4 An example image of an Endura CuBS RFX PVD
`
`is shown below:5
`
`
`2 https://www.samsung.com/us/aboutsamsung/sustainability/supply-chain/supplier-list/.
`3 https://www.appliedmaterials.com/files/nanochip-
`journals/nanochiptechjournal_vol6_issue2.pdf#page=45.
`4
`http://www.appliedmaterials.com/files/pdf_documents/cirrus_htx_pvd_techncial_briefing.pdf.
`5 http://www.appliedmaterials.com/products/endura-cubs-rfx-pvd.
`
`
`
`
`
`- 9 -
`
`
`
`.
`
`

`

`Case 5:20-cv-05676-EJD Document 13-2 Filed 09/01/20 Page 11 of 28
`
`Case 6:20-cv-00636-ADA Document 1 Filed 07/14/20 Page 10 of 27
`
`
`
`29.
`
`As an example, on information and belief, Samsung has configured, or causes to be
`
`configured, and uses and/or has used infringing Samsung RMS reactors for TaN barrier layer
`
`deposition with its copper interconnects in the fabrication of its semiconductor products, including
`
`but not limited to memory products. On information and belief, for example, Samsung has
`
`configured, or causes to be configured, and uses infringing Samsung RMS reactors in the
`
`fabrication of TaN barrier layers in its Samsung K4A8G085WC-BCRC 8 Gb DDR4 SDRAM
`
`(“DDR4 SDRAM”). An inspection of a cross-section of the copper interconnects with metal
`
`nitride barrier layers in Samsung’s DDR4 SDRAM indicates use of infringing Samsung RMS
`
`reactors.
`
`[“a target area for receiving a target;”]
`
`30.
`
`31.
`
`The Samsung RMS reactors comprise a target area for receiving a target.
`
`For example, for Samung RMS reactors, “[i]n PVD, the target is the source of the
`
`material to be deposited. Atoms are ejected from the target as a result of the bombardment of
`
`energetic particles.”6 In Samsung RMS reactors for depositing TaN, tantalum is the source
`
`
`6 https://www.appliedmaterials.com/resources/glossary.
`
`
`
`
`
`- 10 -
`
`
`
`.
`
`

`

`Case 5:20-cv-05676-EJD Document 13-2 Filed 09/01/20 Page 12 of 28
`
`Case 6:20-cv-00636-ADA Document 1 Filed 07/14/20 Page 11 of 27
`
`material (i.e., the metal target). See Ex. 3 at 4 (Cu barrier reactor for TaN). The reactors include
`
`a target area (indicated as “target” in the image below) for receiving the tantalum:
`
`Ex. 4 at 42 (Fig. 1).
`
`
`
`32.
`
`An example of the target and target area in a RMS reactor is shown below:
`
`
`
`[“a substrate area opposite the target area for receiving a substrate;”]
`
`33.
`
`The Samsung RMS reactors comprise a substrate area opposite the target area for
`
`receiving a substrate.
`
`
`
`
`
`- 11 -
`
`
`
`.
`
`

`

`Case 5:20-cv-05676-EJD Document 13-2 Filed 09/01/20 Page 13 of 28
`
`Case 6:20-cv-00636-ADA Document 1 Filed 07/14/20 Page 12 of 27
`
`34.
`
`For example, for Samsung RMS reactors a substrate is “[t]he material upon which
`
`thin films are manipulated. Silicon is most commonly used for semiconductors ….”7 The
`
`substrate in a RMS reactor for deposition of a TaN barrier layer in Samsung’s DDR4 SDRAM, for
`
`instance, is a silicon wafer. A substrate area is opposite the target area for receiving the silicon
`
`substrates (indicated as “wafer”) as illustrated below:
`
`See Ex. 4 at 42 (Fig. 1).
`
`
`
`35.
`
`The substrate area in a RMS reactor is shown below:
`
`
`7 https://www.appliedmaterials.com/resources/glossary.
`
`
`
`
`
`- 12 -
`
`
`
`.
`
`

`

`Case 5:20-cv-05676-EJD Document 13-2 Filed 09/01/20 Page 14 of 28
`
`Case 6:20-cv-00636-ADA Document 1 Filed 07/14/20 Page 13 of 27
`
`
`
`[“a pulsed DC power supply coupled to the target area, the pulsed DC power supply
`
`providing alternating negative and positive voltages to the target;”]
`
`36.
`
`On information and belief, Samsung configures, or causes to be configured, the
`
`Samsung RMS reactors such that they comprise a pulsed DC power supply coupled to the target
`
`area, and the pulsed DC power supply provides alternating negative and positive voltages to the
`
`target.
`
`37.
`
`For example, on information and belief, in the Samsung RMS reactors a power
`
`source is coupled to the target area as illustrated below:
`
`
`
`
`
`
`
`- 13 -
`
`
`
`.
`
`

`

`Case 5:20-cv-05676-EJD Document 13-2 Filed 09/01/20 Page 15 of 28
`
`Case 6:20-cv-00636-ADA Document 1 Filed 07/14/20 Page 14 of 27
`
`See Ex. 4 at 42 (Fig. 1).
`
`38.
`
`The presence of a DC power unit in a reactor for RMS deposition (e.g., TaN when
`
`using a tantalum target and a process gas that includes nitrogen) is illustrated below:
`
`
`See Ex. 5 at 9 (“DC” power supply in 1st generation iPVD products). The presence of a pulsed
`
`DC power unit in a reactor configured for RMS deposition (e.g., TaN, when using a tantalum
`
`target and a process gas that includes nitrogen) is shown below:
`
`[“an RF bias power supply coupled to the substrate;”]
`
`
`
`
`
`
`
`- 14 -
`
`
`
`.
`
`

`

`Case 5:20-cv-05676-EJD Document 13-2 Filed 09/01/20 Page 16 of 28
`
`Case 6:20-cv-00636-ADA Document 1 Filed 07/14/20 Page 15 of 27
`
`39.
`
`On information and belief, Samsung configures, or causes to be configured, the
`
`Samsung RMS reactors such that they comprise an RF bias power supply coupled to the
`
`substrate.
`
`40.
`
`For example, a power supply is coupled to the substrate area to bias the substrate
`
`as illustrated below:
`
`See Ex. 4 at 42 (Fig. 1).
`
`
`
`41.
`
`The presence of an RF bias power supply in a reactor for RMS deposition (e.g.,
`
`TaN, when using a tantalum target and a process gas that includes nitrogen) is shown below:
`
`
`
`
`
`- 15 -
`
`
`
`
`
`.
`
`

`

`Case 5:20-cv-05676-EJD Document 13-2 Filed 09/01/20 Page 17 of 28
`
`Case 6:20-cv-00636-ADA Document 1 Filed 07/14/20 Page 16 of 27
`
`[“and a narrow band-rejection filter that rejects at a frequency of the RF bias power
`
`supply coupled between the pulsed DC power supply and the target area.”]
`
`42.
`
`On information and belief, Samsung configures, or causes to be configured, the
`
`Samsung RMS reactors such that they comprise a narrow band-rejection filter that rejects at a
`
`frequency of the RF bias power supply coupled between the pulsed DC power supply and the
`
`target area.
`
`43.
`
`On information and belief, a narrowband filter is coupled between the pulsed DC
`
`power supply and the target area in a reactor for deposition of tantalum nitride (e.g., TaN, when
`
`using a tantalum target and a process gas that includes nitrogen). On information and belief, a
`
`narrowband filter is used in the Samsung RMS reactors as configured to, for example, protect the
`
`pulsed DC power supply from feedback from the RF bias power supply.
`
`
`
`SECOND CLAIM
`
`(Infringement of U.S. Patent No. 7,381,657)
`
`44.
`
`Demaray re-alleges and incorporates herein by reference Paragraphs 1-43 of its
`
`Complaint.
`
`45.
`
`The ’657 Patent, entitled “Biased pulse DC reactive sputtering of oxide films,” was
`
`duly and lawfully issued on June 3, 2008. Ex. 2.
`
`46.
`
`The ’657 Patent names Hongmei Zhang, Mukundan Narasimhan, Ravi B.
`
`Mullapudi, and Richard E. Demaray as co-inventors.
`
`47.
`
`The ’657 Patent has been in full force and effect since its issuance. Demaray owns
`
`by assignment the entire right, title, and interest in and to the ’657 Patent, including the right to
`
`seek damages for past, current, and future infringement thereof.
`
`
`
`
`
`- 16 -
`
`
`
`.
`
`

`

`Case 5:20-cv-05676-EJD Document 13-2 Filed 09/01/20 Page 18 of 28
`
`Case 6:20-cv-00636-ADA Document 1 Filed 07/14/20 Page 17 of 27
`
`48.
`
`The ’657 Patent generally relates to a method of depositing thin films “by pulsed
`
`DC reactive sputtering.” Ex. 2 at 1:11-13.
`
`49.
`
`The ’657 Patent describes, among other things, methods of using a “sputtering
`
`reactor according to the present invention includes a pulsed DC power supply coupled through a
`
`filter to a target and a substrate electrode coupled to an RF power supply. A substrate mounted on
`
`the substrate electrode is therefore supplied with a bias from the RF power supply.” Id. at 2:45-
`
`54.
`
`50.
`
`Demaray is informed and believes, and thereon alleges, that Samsung has infringed
`
`and unless enjoined will continue to infringe one or more claims of the ’657 Patent, in violation of
`
`35 U.S.C. § 271, by, among other things, using the claimed methods for reactive sputtering in an
`
`infringing manner to produce semiconductor products, and/or making, offering to sell, and selling
`
`within the United States, and/or importing into the United States, without authority or license,
`
`semiconductor products produced using the claimed methods for reactive sputtering in an
`
`infringing manner.
`
`51.
`
`For example, the accused products for the ’657 Patent are produced by a method
`
`that embodies every limitation of claims of the ’657 Patent, literally or under the doctrine of
`
`equivalents, including as set forth in the illustrative example below. The further descriptions
`
`below are preliminary examples and are non-limiting.
`
`[“A method of depositing a film on an insulating substrate, comprising:”]
`
`52.
`
`On information and belief, Samsung uses a method of depositing a film on an
`
`insulating substrate according to the claims of the ’657 Patent in the production of semiconductor
`
`
`
`
`
`- 17 -
`
`
`
`.
`
`

`

`Case 5:20-cv-05676-EJD Document 13-2 Filed 09/01/20 Page 19 of 28
`
`Case 6:20-cv-00636-ADA Document 1 Filed 07/14/20 Page 18 of 27
`
`products at its semiconductor fabrication plants and research facilities, including but not limited
`
`to its premises within the United States.
`
`53.
`
`As an example, on information and belief, Samsung deposits layers (including, e.g.,
`
`metal nitride layers such as, for instance, TaN barrier layers and/or TiN hardmask layers) on
`
`insulating substrates (e.g., semiconductor wafers) for its memory products, including but not
`
`limited to its DDR4 SDRAM.
`
`[“providing a process gas between a conductive target and the substrate;”]
`
`54.
`
`On information and belief, Samsung fabricates semiconductor products using a
`
`method comprising providing a process gas between a conductive target and the substrate.
`
`As an example, on information and belief, for example, Samsung uses a RMS reactor in the
`
`fabrication of TaN barrier layers in its DDR4 SDRAM. On information and belief, Samsung
`
`uses a RMS reactor that it configures to use with nitrogen as a process gas. See also, e.g., Ex. 3
`
`at 6. The constitution of the metal nitride barrier layers confirms the use of nitrogen as a process
`
`gas. An inspection of a cross-section of the copper interconnects with metal nitride barrier layers
`
`in Samsung’s DDR4 SDRAM indicates use of infringing Samsung RMS reactors.
`
`55.
`
`On information and belief, in RMS reactors as configured, a process gas including
`
`nitrogen (e.g., N2 or NH3) is provided in the chamber between the tantalum target and the silicon
`
`substrate to deposit a tantalum nitride (TaN) film on the substrate. For example, the presence of a
`
`process chamber between a conductive target and the substrate (e.g., TaN, when using a tantalum
`
`target and a process gas that includes nitrogen) is shown below:
`
`
`
`
`
`- 18 -
`
`
`
`.
`
`

`

`Case 5:20-cv-05676-EJD Document 13-2 Filed 09/01/20 Page 20 of 28
`
`Case 6:20-cv-00636-ADA Document 1 Filed 07/14/20 Page 19 of 27
`
`
`
`[“providing pulsed DC power to the target through a narrow band rejection filter such that
`
`the target alternates between positive and negative voltages;”]
`
`56.
`
`On information and belief, Samsung fabricates semiconductor products using a
`
`method comprising providing pulsed DC power to the target through a narrow band rejection filter
`
`such that the target alternates between positive and negative voltages.
`
`57.
`
`As an example, as discussed above, on information and belief, Samsung uses a
`
`RMS reactor in the fabrication of TaN barrier layers in its semiconductor products, including, for
`
`example, Samsung’s DDR4 SDRAM. See also, e.g., Ex. 3 at 6. A power source is coupled to the
`
`target as illustrated below:
`
`
`
`
`
`- 19 -
`
`
`
`.
`
`

`

`Case 5:20-cv-05676-EJD Document 13-2 Filed 09/01/20 Page 21 of 28
`
`Case 6:20-cv-00636-ADA Document 1 Filed 07/14/20 Page 20 of 27
`
`See Ex. 4 at 42 (Fig. 1).
`
`
`
`58.
`
`The presence of a pulsed DC power unit in a reactor configured for RMS
`
`deposition (e.g., when using a tantalum target and a process gas that includes nitrogen) is shown
`
`DC Feedthrough
`To Target Area
`
`Power Cable
`Delivering Power
`from a Pulsed DC
`Power Supply (not
`shown)
`
`below:
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`59.
`
`On information and belief, a narrowband filter is coupled between the pulsed DC
`
`power supply and the target area in a reactor for deposition of, e.g., TaN, when using a tantalum
`
`target and a process gas that includes nitrogen. On information and belief, a narrowband filter is
`
`used in the Samsung RMS reactors as configured to, for example, protect the pulsed DC power
`
`supply from feedback from the RF bias power supply.
`
`
`
`
`
`- 20 -
`
`
`
`.
`
`

`

`Case 5:20-cv-05676-EJD Document 13-2 Filed 09/01/20 Page 22 of 28
`
`Case 6:20-cv-00636-ADA Document 1 Filed 07/14/20 Page 21 of 27
`
`[“providing an RF bias at a frequency that corresponds to the narrow band rejection filter
`
`to the substrate;”]
`
`60.
`
`On information and belief, Samsung fabricates semiconductor products using a
`
`method comprising providing an RF bias at a frequency that corresponds to the narrow band
`
`rejection filter to the substrate.
`
`61.
`
`As an example, as discussed above, on information and belief, Samsung uses a
`
`RMS reactor in the fabrication of TaN barrier layers in its semiconductor products, including, for
`
`example, Samsung’s DDR4 SDRAM. See also, e.g., Ex. 3 at 6. A RF power supply is coupled to
`
`the substrate area to bias the substrate as illustrated below:
`
`See Ex. 4 at 42 (Fig. 1).
`
`
`
`62.
`
`The presence of a RF bias power supply in a reactor configured for RMS
`
`deposition (e.g., TaN, when using a tantalum target and a process gas that includes nitrogen) is
`
`shown below :
`
`
`
`
`
`- 21 -
`
`
`
`.
`
`

`

`Case 5:20-cv-05676-EJD Document 13-2 Filed 09/01/20 Page 23 of 28
`
`Case 6:20-cv-00636-ADA Document 1 Filed 07/14/20 Page 22 of 27
`
`
`
`[“providing a magnetic field to the target;”]
`
`63.
`
`On information and belief, Samsung fabricates semiconductor products using a
`
`method comprising providing a magnetic field to the target.
`
`64.
`
`As an example, as discussed above, on information and belief, Samsung uses a
`
`RMS reactor in the fabrication of, e.g., TaN, when using a tantalum target and a process gas that
`
`includes nitrogen, barrier layers in its semiconductor products, including, for example, Samsung’s
`
`DDR4 SDRAM. See also, e.g., Ex. 3 at 6. As configured in the Samsung RMS reactors, RMS
`
`involves the use of magnets to provide a magnetic field to the target.
`
`65.
`
`The presence of a magnetron in a reactor for deposition of tantalum nitride (when
`
`using a tantalum target and a process gas that includes nitrogen) is illustrated below. See Ex. 5 at
`
`9 (1st generation iPVD products):
`
`
`
`
`
`- 22 -
`
`
`
`.
`
`

`

`Case 5:20-cv-05676-EJD Document