throbber
Case 1:23-cv-00333-UNA Document 1 Filed 03/24/23 Page 1 of 18 PageID #: 1
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`
`
`GREENTHREAD, LLC
`
`Plaintiff,
`
`vs.
`
`
`
`
`
`Civil Action No.
`
`
`
`MICRON TECHNOLOGY, INC.; MICRON
`TECHNOLOGY TEXAS, LLC
`
`JURY TRIAL DEMANDED
`
`Defendants.
`
`
`
`ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT
`
`Plaintiff Greenthread, LLC (“Greenthread” or “Plaintiff”) files this Original Complaint
`
`against Micron Technology, Inc., and Micron Technology Texas, LLC (collectively “Micron” or
`
`“Defendants”) and hereby alleges as follows:
`
`THE NATURE OF THE ACTION
`
`1.
`
`Greenthread owns a family of patents related to transistors and other components
`
`of integrated semiconductor devices. Greenthread’s patented inventions describe semiconductor
`
`devices that employ graded dopants and well regions for creating electric fields for aiding and/or
`
`limiting the movement of carriers to (or from) the semiconductor surface to (or from) the
`
`semiconductor substrate. These inventions improve semiconductor devices by (1) creating faster,
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`more efficient, and more reliable processors, logic devices, DRAM and NAND flash, and image
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`sensors and (2) allowing manufacturers to scale down the feature size of their semiconductor
`
`products.
`
`2.
`
`Defendants have infringed and continue to infringe six Greenthread patents: U.S.
`
`Patent Nos. 8,421,195 (the “’195 Patent”), 9,190,502 (the “’502 Patent”), 10,510,842 (the “’842
`
`
`
`1
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`

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`Case 1:23-cv-00333-UNA Document 1 Filed 03/24/23 Page 2 of 18 PageID #: 2
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`Patent”), 10,734,481 (the “’481 Patent”), 11,121,222 (the “’222 Patent”), and 11,316,014 (the
`
`“’014 Patent”), (collectively “the Greenthread Patents”), copies of which are attached hereto as
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`Exhibits 1-6, respectively. Defendants have infringed and continue to infringe the Greenthread
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`Patents by making, using, selling, offering for sale, and/or importing into the United States,
`
`semiconductor devices with infringing graded dopant regions and/or electronic products
`
`containing the same.
`
`THE PARTIES
`
`3.
`
`Plaintiff Greenthread, LLC (“Greenthread”) is a limited liability company
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`organized and existing under the laws of Texas, having its principal place of business at 7424
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`Mason Dells Drive, Dallas, Texas 75230-3244.
`
`4.
`
`Defendant Micron Technology, Inc. is a corporation organized and existing under
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`the laws of Delaware with its headquarters at 8000 S. Federal Way, Boise, Idaho.
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`5.
`
`Defendant Micron Technology Texas, LLC is an Idaho limited liability company
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`with its headquarters at 8000 S. Federal Way, Boise, Idaho 83716. Upon information and belief,
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`Micron Technology Texas, LLC is a wholly owned subsidiary of Micron Technology, Inc.
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`SUBJECT MATTER JURISDICTION
`
`6.
`
`This court has subject matter jurisdiction over the patent infringement claims
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`asserted in this case under 28 U.S.C. §§ 1331 and 1338(a).
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`PERSONAL JURISDICTION AND VENUE
`
`7.
`
`This Court has personal jurisdiction over Defendants Micron Technology, Inc. and
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`Micron Technology Texas, LLC as citizens/residents of Delaware. On information and belief, the
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`court further has personal jurisdiction over all Defendants, because they have regularly conducted
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`2
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`

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`Case 1:23-cv-00333-UNA Document 1 Filed 03/24/23 Page 3 of 18 PageID #: 3
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`and continue to conduct business in the United States, in the State of Delaware, and in this judicial
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`district. On information and belief, all Defendants have committed infringing activities in
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`Delaware and in this judicial district by making, using, offering for sale, and/or selling in the
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`United States and/or importing into the United States, products and systems that infringe upon the
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`Greenthread Patents, or by placing such infringing products and systems into the stream of
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`commerce with the awareness, knowledge, and intent that they would be used, offered for sale, or
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`sold by others in this judicial district and/or purchased by consumers in this district.
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`8.
`
`Venue is proper as to Defendants Micron Technology, Inc. and Micron Technology
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`Texas, LLC pursuant to 28 U.S.C. §§ 1391(b) and 1400(b) because they are citizens/residents of
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`Delaware and have committed, and continue to commit, acts of infringement in this District.
`
`9.
`
` “Micron Accused Products” are products accused of meeting the claim limitations
`
`of a Greenthread Patent in this suit. Specifically, Micron designs and manufactures certain flash
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`products (“Micron Accused Flash Products”) and or dynamic random access memory (“DRAM”)
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`products (“Micron Accused DRAM Products”), including SSDs, microSD/SD cards, and thumb
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`drives, which infringe upon one or more claims of the Greenthread Patents. An exemplary, non-
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`exhaustive, list of the Micron Accused Products is identified in Exhibit 8 and is herein incorporated
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`by reference.
`
`10.
`
`Exhibit 8 demonstrates how exemplary Micron Accused Products meet the claim
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`limitations of Greenthread Patents and is herein incorporated by reference. The exemplary
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`products identified therein meet each and every element of at least one claim of the Greenthread
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`Patents.
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`
`
`3
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`

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`Case 1:23-cv-00333-UNA Document 1 Filed 03/24/23 Page 4 of 18 PageID #: 4
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`THE GREENTHREAD PATENTS
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`11.
`
`On April 16, 2013, the U.S. Patent and Trademark Office duly and legally issued
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`U.S. Patent No. 8,421,195 (“the ’195 Patent”), entitled “Semiconductor Devices with Graded
`
`Dopant Regions,” listing Dr. Mohan Rao as the inventor, from a patent application filed January
`
`12, 2007. The ’195 Patent claims priority from U.S. Patent Application No. 10/934,915,1 filed on
`
`September 3, 2004. A true and correct copy of the ’195 Patent is attached hereto as Exhibit 1 and
`
`incorporated herein by reference.
`
`12.
`
`On November 17, 2015, the U.S. Patent and Trademark Office duly and legally
`
`issued U.S. Patent No. 9,190,502 (“the ’502 Patent”), entitled “Semiconductor Devices with
`
`Graded Dopant Regions,” listing Dr. Mohan Rao as the inventor, from a patent application filed
`
`October 16, 2014. The ’502 Patent claims priority from U.S. Patent Application No. 10/934,915,2
`
`filed on September 3, 2004. A true and correct copy of the ’502 Patent is attached hereto as Exhibit
`
`2 and incorporated herein by reference.
`
`13.
`
`On December 17, 2019, the U.S. Patent and Trademark Office duly and legally
`
`issued U.S. Patent No. 10,510,842 (“the ’842 Patent”), entitled “Semiconductor Devices with
`
`Graded Dopant Regions,” listing Dr. Mohan Rao as the inventor, from a patent application filed
`
`on May 9, 2017. The ’842 Patent claims priority from U.S. Patent Application No. 10/934,915,3
`
`filed on September 3, 2004. A true and correct copy of the ’842 Patent is attached hereto as Exhibit
`
`3 and incorporated herein by reference.
`
`14. On August 4, 2020, the U.S. Patent and Trademark Office duly and legally issued
`
`U.S. Patent No. 10,734,481 (“the ’481 Patent”), entitled “Semiconductor Devices with Graded
`
`
`1 Pub. No. US 2006/0049464.
`2 Pub. No. US 2006/0049464.
`3 Pub. No. US 2006/0049464.
`
`
`
`4
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`

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`Case 1:23-cv-00333-UNA Document 1 Filed 03/24/23 Page 5 of 18 PageID #: 5
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`Dopant Regions,” listing Dr. Mohan Rao as the inventor, from a patent application filed on
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`December 17, 2019. The ’481 Patent claims priority from U.S. Patent Application No.
`
`10/934,915,4 filed on September 3, 2004. A true and correct copy of the ’481 Patent is attached
`
`hereto as Exhibit 4 and incorporated herein by reference.
`
`15.
`
`On September 14, 2021, the U.S. Patent and Trademark Office duly and legally
`
`issued U.S. Patent No. 11,121,222 (“the ’222 Patent”), entitled “Semiconductor Devices with
`
`Graded Dopant Regions,” listing Dr. Mohan Rao as the inventor, from a patent application filed
`
`on July 27, 2020. The ’222 Patent claims priority from U.S. Patent Application No. 10/934,915,5
`
`filed on September 3, 2004. A true and correct copy of the ’222 Patent is attached hereto as Exhibit
`
`5 and incorporated herein by reference.
`
`16.
`
`On April 26, 2022, the U.S. Patent and Trademark Office duly and legally issued
`
`U.S. Patent No. 11,316,014 (“the ’014 Patent”), entitled “Semiconductor Devices with Graded
`
`Dopant Regions,” listing Dr. Mohan Rao as the inventor, from a patent application filed on July 9,
`
`2021. The ’014 Patent claims priority from U.S. Patent Application No. 10/934,915,6 filed on
`
`September 3, 2004. A true and correct copy of the ’014 Patent is attached hereto as Exhibit 6 and
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`incorporated herein by reference.
`
`17.
`
`The ’195, ’502, ’842, ’481, ’222, and ’014 Patents are collectively referred to as
`
`the “Greenthread Patents.”
`
`18.
`
`Greenthread exclusively owns all rights, title, and interest in the Greenthread
`
`Patents necessary to bring this action, including the right to recover past and future damages.
`
`Certain of the Greenthread Patents were previously owned by Dr. G.R. Mohan Rao (“Dr. Rao”).
`
`
`4 Pub. No. US 2006/0049464.
`5 Pub. No. US 2006/0049464.
`6 Pub. No. US 2006/0049464.
`
`
`
`5
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`

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`Case 1:23-cv-00333-UNA Document 1 Filed 03/24/23 Page 6 of 18 PageID #: 6
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`On April 27, 2015, Dr. Rao assigned to Greenthread the then-issued Greenthread Patents and all
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`related “continuations, continuations-in-part and extensions of said Applications and Patents and
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`any pending applications or issued patents that directly claim or are amended to claim priority to
`
`any of the Applications or Patents.” Dr. Rao’s assignment was recorded with the U.S. Patent and
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`Trademark Office on May 13, 2015, and again on July 22, 2021, and is attached hereto as Exhibit
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`7. Greenthread has therefore owned all rights to the Greenthread Patents necessary to bring this
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`action throughout the period of Micron’s infringement and still owns those rights to the
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`Greenthread Patents.
`
`19.
`
`20.
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`Defendants are not currently licensed to practice the Greenthread Patents.
`
`The Greenthread Patents are valid and enforceable.
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`FACTUAL BACKGROUND
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`21.
`
`Dr. G.R. Mohan Rao (“Dr. Rao”), the sole inventor of the Greenthread Patents, has
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`been an innovator in the semiconductor industry since the 1960s. He is a named inventor on more
`
`than 100 Patents worldwide and authored numerous technical publications over the last 50 years.
`
`22.
`
`In September 1968, Dr. Rao received a Ph.D. in physics with a specialization in
`
`electronics from Andhra University in Waltair, India. He then traveled to the United States to
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`attend a graduate program in physics at the University of Cincinnati.
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`23.
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`After learning of an opportunity to work with Professor William Carr of Southern
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`Methodist University (“SMU”), Dr. Rao transferred to SMU where he earned a Ph.D. in Electrical
`
`Engineering. While there, he worked in the SMU laboratory with Jack Kilby of Texas Instruments
`
`(a pioneering electrical engineer who would later receive a Nobel Prize for his work), on metal-
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`oxide-silicon transistors (“MOS devices”), which are used for switching and amplifying electronic
`
`signals in electronic devices. MOS devices form the basis of modern electronics and are the most
`
`widely used semiconductor devices in the world. The U.S. Patent and Trademark Office has called
`
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`6
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`

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`Case 1:23-cv-00333-UNA Document 1 Filed 03/24/23 Page 7 of 18 PageID #: 7
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`this device a “groundbreaking invention that transformed life and culture around the world.”7 Dr.
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`Rao built these devices from scratch while a graduate student at SMU.
`
`24.
`
`Through his mentor, Jack Kilby, Dr. Rao interviewed with—and was ultimately
`
`hired by—Texas Instruments to continue his work on MOS devices in 1972. Dr. Rao worked at
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`Texas Instruments for the next twenty-two years, rising from an engineer to a Senior Fellow. At
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`that time, Texas Instruments had only 12 Senior Fellows out of approximately 20,000 engineers.
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`Eventually, Dr. Rao moved into a management position at Texas Instruments, ultimately becoming
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`a Senior Vice President in 1985.
`
`25.
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`At Texas Instruments, Dr. Rao received his first patent while working in a process
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`and product engineering capacity to solve a production problem with Texas Instruments’ 4-kilobit
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`RAM product. That patent was merely the beginning of Dr. Rao’s long inventive career. Indeed,
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`from the late 1970s through the mid-1980s, Dr. Rao worked on or managed projects relating to
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`Texas Instruments’ 64kb RAM, 256Kb RAM, 1Mb RAM, 4 Mb RAM, EEPROM, SRAM, and
`
`microcontrollers. For that work, Dr. Rao received numerous additional U.S. Patents.
`
`26.
`
`The USPTO was not the only organization to recognize Dr. Rao’s achievements.
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`Some of Dr. Rao’s work at Texas Instruments was so remarkable that it has been credited in
`
`multiple exhibits in the National Museum of American History at the Smithsonian Institution.8
`
`For example, the Smithsonian has displayed Texas Instruments’ experimental 1-megabit CMOS
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`DRAM, produced in April 1985 under Dr. Rao’s leadership, and credited Dr. Rao for the
`
`achievement.9
`
`
`7 https://www.uspto.gov/about-us/news-updates/remarks-director-iancu-2019-international-
`lectual-property-conference
`8 http://smithsonianchips.si.edu/texas/wafer.htm
`9 http://smithsonianchips.si.edu/texas/t_360.htm
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`
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`7
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`Case 1:23-cv-00333-UNA Document 1 Filed 03/24/23 Page 8 of 18 PageID #: 8
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`In 1994, Dr. Rao left Texas Instruments for Cirrus Logic. During his two-year
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`27.
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`tenure at Cirrus Logic, he received more U.S. Patents relating to his work on integrated graphics
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`controllers and memory.
`
`28.
`
`In 1996, Dr. Rao started a company called Silicon Aquarius. Through a relationship
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`between Silicon Aquarius and Matsushita, Dr. Rao led a design team in working on a 256Mb
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`DRAM chip. After Silicon Aquarius ceased operations, Dr. Rao did consulting work for a number
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`of different consulting companies and devoted much of his free time to thinking about various
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`challenges and problems with which the semiconductor industry had struggled for years.
`
`29.
`
`In 2003, Dr. Rao and Philip John founded Greenthread to continue Dr. Rao’s
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`pioneering work. A focal point of Dr. Rao’s research was poor refresh time and the related
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`problem of how to deal with and control the movement of both wanted and unwanted carriers in
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`semiconductor devices, including memory and logic devices. Dr. Rao realized that graded dopants
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`8
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`Case 1:23-cv-00333-UNA Document 1 Filed 03/24/23 Page 9 of 18 PageID #: 9
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`could be used to create a “drift layer” and other structures to facilitate the movement—in an
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`upward or downward direction, as appropriate—of carriers from the semiconductor surfaces down
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`into the substrate and vice versa. It was Dr. Rao’s work on this problem that culminated in the
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`Greenthread Patents.
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`MICRON’S INFRINGEMENT
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`30. Micron has directly infringed, and continues to infringe, one or more claims of each
`
`of the Greenthread Patents through making, using, offering to sell, selling within the United States,
`
`and/or importing into the United States semiconductor products that practice the claimed
`
`inventions (i.e., the Micron Accused Products).
`
`31.
`
`Specifically, Micron has designed, manufactured, and/or incorporated into other
`
`products flash memory (“Micron Accused Flash Products”) and dynamic random access memory
`
`(“DRAM”) products (“Micron Accused DRAM Products”).
`
`32.
`
`A non-exhaustive, exemplary list of Micron Accused Products is further identified
`
`in Exhibit 8.
`
`33.
`
`As shown in Exhibit 8, an exemplary Micron Accused Flash Product which is a
`
`Micron 16 nm node NAND flash memory meets each and every element of at least one claim of
`
`the Greenthread Patents.
`
`34.
`
`As shown in Exhibit 8, an exemplary Micron Accused DRAM Product, 20 nm node
`
`Micron MT58K256M32JA-100:A GDDR5X DRAM, meets each and every element of at least
`
`one claim of the Greenthread Patents.
`
`35.
`
`Exhibit 8 contains two series of claim charts, an A-series for the exemplary Micron
`
`Accused DRAM Products and a B-series for the exemplary Micron Accused Flash Products.
`
`36.
`
`Upon information and belief, Micron fabricated and designed flash products using
`
`
`
`9
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`

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`Case 1:23-cv-00333-UNA Document 1 Filed 03/24/23 Page 10 of 18 PageID #: 10
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`similar designs according to a limited number of processes, many or all of which utilize
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`substantially similar process steps, including process steps for creating regions with graded dopant
`
`concentrations. Upon information and belief, Micron Accused Flash Products are in relevant part
`
`substantially similar to the exemplary Micron 16 nm node NAND flash memory and DRAM
`
`shown in Exhibit 8, particularly with regard to the manner in which the exemplary Micron 16 nm
`
`node flash memory includes and utilizes regions with graded dopant concentrations. Exhibit 8 is
`
`thus illustrative of the manner in which the Micron Accused Flash Products meet the claim
`
`limitations of the Greenthread Patents.
`
`37.
`
`Upon information and belief, Micron fabricated and designed DRAM products
`
`using similar designs according to a limited number of processes, many or all of which utilize
`
`substantially similar process steps, including process steps for creating regions with graded dopant
`
`concentrations. Upon information and belief, Micron Accused DRAM Products are in relevant
`
`part substantially similar to the exemplary Micron Accused DRAM Product, 20 nm node Micron
`
`MT58K256M32JA-100:A GDDR5X DRAM shown in Exhibit 8, particularly with regard to the
`
`manner in which the exemplary Micron Accused DRAM Product, 20 nm node Micron
`
`MT58K256M32JA-100:A GDDR5X DRAM includes and utilizes regions with graded dopant
`
`concentrations. Exhibit 8 is thus illustrative of the manner in which the Micron Accused Flash
`
`Products meet the claim limitations of the Greenthread Patents.
`
`38. Micron’s infringement is willful. On August 10, 2015, Micron’s attorney David
`
`Westergard was informed that Micron products infringed the Greenthread Patents. After April 29,
`
`2022, upon information and belief, Micron was again informed of its infringement in connection
`
`with allegations Greenthread made against Dell Inc., Dell Technologies Inc., (“Dell”) and Intel
`
`Corporation (“Intel”) relating to Dell’s incorporation of Micron Accused Products into Dell
`
`
`
`10
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`

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`Case 1:23-cv-00333-UNA Document 1 Filed 03/24/23 Page 11 of 18 PageID #: 11
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`products in Greenthread, LLC v. Intel Corp. et al., Case No. 6:22-cv-00105-ADA (W.D. Tex). See
`
`Dkt. 38 (Greenthread’s First Amended Complaint for Patent Infringement); and Dkt. 38-10
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`(Exhibit 10 to Greenthread’s First Amended Complaint for Patent Infringement, including
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`Greenthread’s preliminary infringement contentions relating to Dell’s incorporation or sale of
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`infringing Micron products).
`
`39. Micron was again informed of its infringement when it was served with a third
`
`party subpoena in the referenced matter in December 2023, which included Greenthread’s
`
`infringement contentions as an exhibit. Upon information and belief, Micron was further informed
`
`of its infringement in Greenthread’s Second Amended Complaint, filed on January 27, 2023. See
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`Dkt. 120-8 at 113-167; 262-318. Micron learned of Greenthread’s allegations against Intel and
`
`Dell concerning Micron Accused Products at least through Greenthread’s subpoena and, on
`
`information and belief, from Intel and Dell and/or through monitoring of patent infringement
`
`actions. 10
`
`
`10 Multiple courts have upheld Greenthread’s construction of the Greenthread Patents in related
`matters. In Greenthread, LLC v. Samsung Electronics Co., Ltd. et al., Case No. 2:19-cv-00147-
`JRG (E.D. Tex.), the Eastern District of Texas Court adopted Greenthread’s claim construction.
`See Dkt. 67. In Greenthread, LLC v. Intel Corp., et al., Case No. 6:22-cv-00105-ADA (W.D. Tex),
`the Western District of Texas similarly issued a preliminary claim construction order adopting
`Greenthread’s construction. See Dkt. 36-21 in Greenthread, LLC v. Intel Corp., Case No. 3:22-cv-
`02001-JR (attaching as an exhibit the Western District of Texas’s preliminary claim construction
`order in a status update before the District of Oregon). The claims in this matter against Intel were
`ultimately severed and transferred to Oregon, and the District of Oregon adopted the Western
`District of Texas’ preliminary claim construction. See Dkt. 44 (“The Court also finds that the
`WDTX’s preliminary constructions and summary judgment rulings are neither legally incorrect
`nor factually distinguishable. As a result, the Court adopts the WDTX’s preliminary constructions
`and summary judgment rulings as its own. . .”). The Western District of Texas also denied
`Defendants’ motions to dismiss and for summary judgment on similar grounds. See Dkt. 36-22 in
`Greenthread, LLC v. Intel Corp., Case no. 3:22-cv-02001-JR (attaching as an exhibit the Western
`District of Texas’ denial of Defendants’ motion for summary judgment); Dkt. 110 in Greenthread
`LLC v. Intel Corp., Case No. 6:22-cv-00105-ADA (W.D. Tex). The District of Oregon similarly
`adopted these rulings. See Dkt. 44 in Greenthread, LLC v. Intel Corp., Case no. 3:22-cv-02001-
`JR.
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`
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`11
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`Case 1:23-cv-00333-UNA Document 1 Filed 03/24/23 Page 12 of 18 PageID #: 12
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`COUNT I: INFRINGEMENT OF U.S. PATENT NO. 8,421,195
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`
`
`40.
`
`Greenthread incorporates by reference and re-alleges all of the foregoing
`
`paragraphs of this Complaint and exhibits attached hereto as if fully set forth herein.
`
`41.
`
`The following allegations are based on publicly available information and a
`
`reasonable investigation of the structure and operation of the Micron Accused Products.
`
`Greenthread reserves the right to modify this description, including, for example, on the basis of
`
`information about the Micron Accused Products that it obtains during discovery.
`
`42.
`
`Defendants’ infringement has damaged and continues to damage Greenthread in an
`
`amount yet to be determined, of at least a reasonable royalty.
`
`43.
`
`As alleged above and in Exhibit 8, the products analyzed in Exhibit 8 meet each
`
`and every one of the claim limitations of at least one claim of the ’195 Patent.
`
`44.
`
`As alleged above, the products analyzed in Exhibit 8 are exemplary of the Micron
`
`Accused Products.
`
`45.
`
`As alleged above, Defendants have infringed and continue to infringe at least one
`
`claim of the ’195 Patent by making, using, offering to sell, selling within the United States, and/or
`
`importing into the United States Micron Accused Products. As alleged above, Defendants have
`
`and continue to infringe at least one claim of the ’195 Patent by making, using, offering to sell,
`
`selling within the United States, and/or importing into the United States Micron Accused Products.
`
`Defendants’ infringement is and continues to be willful.
`
`46.
`
`Defendants’ infringement has damaged and continues to damage Greenthread in an
`
`amount yet to be determined, of at least a reasonable royalty.
`
`COUNT II: INFRINGEMENT OF U.S. PATENT NO. 9,190,502
`
`47.
`
`Greenthread incorporates by reference and re-alleges all of the foregoing
`
`
`
`12
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`

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`Case 1:23-cv-00333-UNA Document 1 Filed 03/24/23 Page 13 of 18 PageID #: 13
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`paragraphs of this Complaint and exhibits attached hereto as if fully set forth herein.
`
`48.
`
`The following allegations are based on publicly available information and a
`
`reasonable investigation of the structure and operation of the Micron Accused Products.
`
`Greenthread reserves the right to modify this description, including, for example, on the basis of
`
`information about the Micron Accused Products that it obtains during discovery.
`
`49.
`
`As alleged above and in Exhibit 8, the products analyzed in Exhibit 8 meet each
`
`and every one of the claim limitations of at least one claim of the ’502 Patent.
`
`50.
`
`As alleged above, the products analyzed in Exhibit 8 are exemplary of the Micron
`
`Accused Products.
`
`51.
`
`As alleged above, Defendants have infringed and continue to infringe at least one
`
`claim of the ’502 Patent by making, using, offering to sell, selling within the United States, and/or
`
`importing into the United States Micron Accused Products. Defendants’ infringement is and
`
`continues to be willful.
`
`52.
`
`Defendants’ infringement has damaged and continues to damage Greenthread in an
`
`amount yet to be determined, of at least a reasonable royalty.
`
`COUNT III: INFRINGEMENT OF U.S. PATENT NO. 10,510,842
`
`53.
`
`Greenthread incorporates by reference and re-alleges all of the foregoing
`
`paragraphs of this Complaint and exhibits attached hereto as if fully set forth herein.
`
`54.
`
`The following allegations are based on publicly available information and a
`
`reasonable investigation of the structure and operation of the Micron Accused Products.
`
`Greenthread reserves the right to modify this description, including, for example, on the basis of
`
`information about the Micron Accused Products that it obtains during discovery.
`
`55.
`
`As alleged above and in Exhibits 8, the products analyzed in Exhibit 8 meet each
`
`
`
`13
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`

`Case 1:23-cv-00333-UNA Document 1 Filed 03/24/23 Page 14 of 18 PageID #: 14
`
`and every one of the claim limitations of at least one claim of the ’842 Patent.
`
`56.
`
`As alleged above, the products analyzed in Exhibit 8 are exemplary of the Micron
`
`Accused Products.
`
`57.
`
`As alleged above, Defendants have infringed and continue to infringe at least one
`
`claim of the ’842 Patent by making, using, offering to sell, selling within the United States, and/or
`
`importing into the United States Micron Accused Products. Defendants’ infringement is and
`
`continues to be willful.
`
`58.
`
`Defendants’ infringement has damaged and continues to damage Greenthread in an
`
`amount yet to be determined, of at least a reasonable royalty.
`
`COUNT IV: INFRINGEMENT OF U.S. PATENT NO. 10,734,481
`
`59.
`
`Greenthread incorporates by reference and re-alleges all of the foregoing
`
`paragraphs of this Complaint and exhibits attached hereto as if fully set forth herein.
`
`60.
`
`The following allegations are based on publicly available information and a
`
`reasonable investigation of the structure and operation of the Micron Accused Products.
`
`Greenthread reserves the right to modify this description, including, for example, on the basis of
`
`information about the Micron Accused Products that it obtains during discovery.
`
`61.
`
`As alleged above and in Exhibits 8, the products analyzed in Exhibit 8 meet each
`
`and every one of the claim limitations of at least one claim of the ’481 Patent.
`
`62.
`
`As alleged above, the products analyzed in Exhibit 8 are exemplary of the Micron
`
`Accused Products.
`
`63.
`
`As alleged above, Defendants have infringed and continue to infringe at least one
`
`claim of the ’481 Patent by making, using, offering to sell, selling within the United States, and/or
`
`importing into the United States Micron Accused Products. Defendants’ infringement is and
`
`
`
`14
`
`

`

`Case 1:23-cv-00333-UNA Document 1 Filed 03/24/23 Page 15 of 18 PageID #: 15
`
`continues to be willful.
`
`64.
`
`Defendants’ infringement has damaged and continues to damage Greenthread in an
`
`amount yet to be determined, of at least a reasonable royalty.
`
`COUNT V: INFRINGEMENT OF U.S. PATENT NO. 11,121,222
`
`
`Greenthread incorporates by reference and re-alleges all of the foregoing
`
`65.
`
`paragraphs of this Complaint and exhibits attached hereto as if fully set forth herein.
`
`66.
`
`The following allegations are based on publicly available information and a
`
`reasonable investigation of the structure and operation of the Micron Accused Products.
`
`Greenthread reserves the right to modify this description, including, for example, on the basis of
`
`information about the Micron Accused Products that it obtains during discovery.
`
`67.
`
`As alleged above and in Exhibit 8, the products analyzed in Exhibit 8 meet each
`
`and every one of the claim limitations of at least one claim of the ’222 Patent.
`
`68.
`
`As alleged above, the products analyzed in Exhibit 8 are exemplary of the Micron
`
`Accused Products.
`
`69.
`
`As alleged above, Defendants have infringed and continue to infringe at least one
`
`claim of the ’222 Patent by making, using, offering to sell, selling within the United States, and/or
`
`importing into the United States Micron Accused Products. Defendants’ infringement is and
`
`continues to be willful.
`
`70.
`
`Defendants’ infringement has damaged and continues to damage Greenthread in an
`
`amount yet to be determined, of at least a reasonable royalty.
`
`COUNT VI: INFRINGEMENT OF U.S. PATENT NO. 11,316,014
`
`71.
`
`Greenthread incorporates by reference and re-alleges all of the foregoing
`
`
`
`15
`
`

`

`Case 1:23-cv-00333-UNA Document 1 Filed 03/24/23 Page 16 of 18 PageID #: 16
`
`paragraphs of this Complaint and exhibits attached hereto as if fully set forth herein.
`
`72.
`
`The following allegations are based on publicly available information and a
`
`reasonable investigation of the structure and operation of the Micron Accused Products.
`
`Greenthread reserves the right to modify this description, including, for example, on the basis of
`
`information about the Micron Accused Products that it obtains during discovery.
`
`73.
`
`As alleged above and in Exhibits 8, the products analyzed in Exhibit 8 meet each
`
`and every one of the claim limitations of at least one claim of the ’014 Patent.
`
`74.
`
`As alleged above, the products analyzed in Exhibit 8 are exemplary of the Micron
`
`Accused Products.
`
`75.
`
`As alleged above, Defendants have infringed and continue to infringe at least one
`
`claim of the ’014 Patent by making, using, offering to sell, selling within the United States, and/or
`
`importing into the United States Micron Accused Products. Defendants’ infringement is and
`
`continues to be willful.
`
`76.
`
`Defendants’ infringement has damaged and continues to damage Greenthread in an
`
`amount yet to be determined, of at least a reasonable royalty.
`
`DAMAGES
`
`77.
`
`As a result of Defendants’ acts of infringement, Greenthread has suffered and
`
`continues to suffer actual and consequential damages. However, Greenthread does not yet know
`
`the full extent of the infringement and the amount of damages cannot be ascertained except through
`
`discovery and special accounting. To the fullest extent permitted by law, Greenthread seeks
`
`recovery of damages at least for reasonable royalties, unjust enrichment, and benefits received by
`
`Defendants as a result of using the patented technology. Greenthread further seeks any other
`
`damages to which Greenthread is entitled under law or in equity, including enhanced damages for
`
`
`
`16
`
`

`

`Case 1:23-cv-00333-UNA Document 1 Filed 03/24/23 Page 17 of 18 PageID #: 17
`
`Defendants’ willful infringement.
`
`DEMAND FOR JURY TRIAL
`
`78.
`
`Greenthread hereby demands a jury trial for all issues so triable.
`
`PRAYER FOR RELIEF
`
`WHEREFORE, Greenthread respectfully requests that this Court enter judgment in its
`
`favor as follows:
`
`A.
`
` That Judgment be entered that Defendants have infringed one or more claims of
`
`the Greenthread Patents, literally and under the doctrine of equivalents;
`
`B.
`
`That, in accordance with 35 U.S.C. § 283, Defendants and all its affiliates,
`
`employees, agents, officers, directors, attorneys, successors, and assigns and all those acting on
`
`behalf of or in active concert or participation with any of them, be preliminarily and permanently
`
`enjoined from (1) infringing the Greenthread Patents and (2) making, using, selling, and offering
`
`for sale, or importing into the United States, the Micron Accused Products;
`
`C.
`
`An award of damages sufficient to compensate Greenthread for Defendants’
`
`infringement under 35 U.S.C. § 284;
`
`D.
`
`That the case be found exceptional under 35 U.S.C. § 285 and that Greenthread be
`
`awarded its reasonable attorneys’ fees;
`
`E.
`
`F.
`
`G.
`
`H.
`
`Costs and expenses in this action;
`
`Damages for pre-issuance infringement under 35 U.S.C. § 154(d);
`
`An award of prejudgment and post-judgment interest; and
`
`Such other and further relief as the Court may deem just and proper.
`
`
`
`17
`
`

`

`Case 1:23-cv-00333-UNA Document 1 Filed 03/24/23 Page 18 of 18 PageID #: 18
`
`
`
`Dated: March 24, 2023
`
`
`
`
`
`
`
`
`
`OF COUNSEL:
`
`McKool Smith, PC
`Alan L. Whitehurst
`Nicholas T. Matich
`Arvind Jairam
`1999 K Street NW
`Washington, DC 20006
`awhitehurst@mckools

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