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`Case 3:10-cv-00954-MO Document 1 Filed 08/12/10 Page 1 of 5
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`PATENT
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`GEORGE A. RILEY (pro hac vice applicationforthcoming) griley@omm.com
`MARK E. MILLER (pro hac vice pending) markmiller@omm.com
`LUANN L. SIMMONS (pro hac vice pending) Isimmons@omm.com
`MICHAEL SAPOZNIKOW (pro hac vice pending) msapoznikow@ omm.com
`O ' MELVENY & MYERS LLP
`Two Embarcadero Center, 28th Floor
`San Francisco, California 94111
`Telephone (415) 984-8700
`Facsimile (415) 984-8701
`
`JAMES E. GERINGER (OSB No. 951783) james.geringer@klarquist.com
`PATRICK M. BIBLE (OSB No. 020323) patrick.bible@klarquist.com
`KLARQUIST SPARKMAN, LLP
`121 S.W. Salmon Street, Suite 1600
`Portland, Oregon 97204
`Telephone: (503) 595-5300
`Fax: (503) 595-5301
`
`Attorneys for Plaintiff
`MENTOR GRAPHICS CORPORAnON
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`UNITED STATES DISTRICT COURT
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`DISTRICT OF OREGON
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`PORTLAND DIVISION
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`MENTOR GRAPHICS CORPORAnON,
`an Oregon corporation,
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`Civil Action NO. C Y ~10 ~ 954 HU
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`Plaintiff,
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`v.
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`COMPLAINT FOR PATENT
`INFRINGEMENT AND DEMAND FOR
`JURY TRIAL
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`EVE-USA, INC., a Delaware Corporation,
`and EMULAnON AND VERIFICATION
`ENGINEERING, SA., formed under the laws
`of France,
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`Defendants.
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`

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`Case 3:10-cv-00954-MO Document 1 Filed 08/12/10 Page 2 of 5
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`PATENT
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`Plaintiff Mentor Graphics Corporation ("Mentor Graphics") hereby alleges in
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`its
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`Complaint against Defendants EVE-USA, Inc. and Emulation and Verification Engineering, SA
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`(collectively, "Defendants") as follows , on information and belief:
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`PARTIES
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`1.
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`Mentor Graphics is a corporation organized and existing under the laws of
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`the State of Oregon, with a principal place of business at 8005 SW Boeckman Road, Wilsonville,
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`Oregon 97070. Mentor Graphics is an industry leader in functional design and verification.
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`Mentor Graphics has provided the world's leading circuit design companies with mission-critical
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`design and verification tools for over two decades. As an industry leader, Mentor Graphics has
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`introduced numerous innovations in the design and verification field , including but not limited to
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`those covered by United States Patents No. 6,876,962 (the ' 962 Patent).
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`2.
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`EVE-USA, Inc. is a corporation organized and existing under the laws of
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`Delaware, with a principal office in San Jose, California.
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`3.
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`Emulation and Verification Engineering, SA ("EVE") is a French
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`corporation headquartered in Palaiseau, France.
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`4.
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`5.
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`EVE-USA, Inc. is a wholly-owned subsidiary of EVE.
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`EVE-USA, Inc. and EVE jointly develop, market and support the "ZeBu"
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`series of verification, emulation and acceleration systems.
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`6.
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`The "ZeBu" series of emulation systems is marketed and sold in
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`competition with verification, emulation and acceleration systems designed, manufactured,
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`marketed, and sold by Mentor Graphics.
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`JURISDICTION AND VENUE
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`7.
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`This action arises under the patent laws of the United States, Title 35 of
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`the United States Code, including, but not limited to, 35 U.S.C . § 271.
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`8.
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`This court has original jurisdiction over patent infringement claims under
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`28 U.S.c. §§ 1331 and 1338(a).
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`9.
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`EVE-USA, Inc. has committed acts of patent infringement in this District.
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`

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`Case 3:10-cv-00954-MO Document 1 Filed 08/12/10 Page 3 of 5
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`10.
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`EVE-USA, Inc.' s contacts with this District are sufficient to subject it to
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`the personal jurisdiction of this court.
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`11.
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`12.
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`EVE has committed acts of patent infringement in this District.
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`EVE's contacts with this District are sufficient to subject it to the personal
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`jurisdiction of this court.
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`13.
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`Defendants have sold and/or offered to sell ZeBu emulation system
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`products, including ZeBu Server products, in this District.
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`14.
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`Defendants have offered product support for ZeBu emulation systems,
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`including ZeBu Server, in this District.
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`15.
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`Venue is proper in this Court under 28 U.S.C. §§ 1391(b)-(c) and 1400(b).
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`GENERAL ALLEGATIONS
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`16.
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`The '962 Patent is titled "Method And Apparatus For Concurrent
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`Emulation Of Multiple Circuit Designs On An Emulation System," and issued on April 5, 2005.
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`A copy of the '962 Patent is attached as Exhibit A to this Complaint.
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`17. Mentor Graphics owns all right, title and interest in the '962 Patent.
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`18. Mentor Graphics offered to license Defendants under Mentor's rights in
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`the infringed invention in March of2005. Defendants did not accept this offer. On information
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`and belief, Defendants thereafter nevertheless deliberately incorporated the inventions claimed
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`in the '962 Patent, with knowledge of the issuance of that patent, in at least Defendants' ZeBu
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`Server emulation systems, without authority or license from Mentor Graphics.
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`COUNT I - PATENT INFRINGEMENT
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`19. Mentor Graphics repeats and realleges each and every allegation contained
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`in the preceding paragraphs, with the same force and effect as if repeated in full here.
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`20.
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`Defendants have infringed the '962 Patent by, inter alia, making, using,
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`selling, offering for sale, importing, and supporting Defendants' "ZeBu" series of verification,
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`emulation and acceleration systems in the United States, including at least "ZeBu Server."
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`21 .
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`Defendants have infringed and continue to infringe the '962 Patent by
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`- 2 ­
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`

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`Case 3:10-cv-00954-MO Document 1 Filed 08/12/10 Page 4 of 5
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`making, using, selling, offering for sale, and/or importing infringing products, without authority
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`or license from Mentor Graphics, in violation of35 U.S.C. § 271(a).
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`22.
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`Defendants have induced others to infringe one or more claims of the '962
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`Patent in violation of35 U.S.c. § 271(b).
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`23.
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`Defendants have contributorily infringed one or more claims of the '962
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`Patent in violation of35 U.S.C. § 271(c).
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`24. Mentor Graphics has suffered damages as a result of Defendants'
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`infringement of the '962 Patent.
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`25.
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`Defendants have been aware of the existence of the application that issued
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`as the '962 Patent and its subject matter at least since March 31,2004. Defendants '
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`infringement, therefore, has been and continues to be willful.
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`26.
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`Defendants will continue to infringe, induce others to infringe, and/or
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`engage in contributory infringement of the ' 962 Patent unless enjoined by the Court.
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`27.
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`Defendants' acts of infringement have caused and, unless enjoined by this
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`Court, will continue to cause Mentor Graphics to sustain irreparable damage, loss and injury, for
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`which Mentor Graphics has no adequate remedy at law.
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`PRA YER FOR RELIEF
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`WHEREFORE, Mentor Graphics prays for judgment against Defendants as
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`follows:
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`I.
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`Preliminarily and permanently enjoining Defendants, their officers, agents,
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`servants, and employees, and all persons acting in concert with them, and each of them , from
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`infringing, inducing others to infringe, and/or engaging in contributory infringement of the ' 962
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`Patent;
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`2.
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`Awarding Mentor Graphics damages based on Defendants' infringement
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`of the ' 962 Patent, in an amount according to proof, and trebling same by reason of the willful,
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`wanton, and deliberate nature of such infringement;
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`3.
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`Declaring that this is an exceptional case under 35 U.S.c. § 285 and
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`- 3 ­
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`

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`Case 3:10-cv-00954-MO Document 1 Filed 08/12/10 Page 5 of 5
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`awarding Mentor Graphics its attorneys' fees and costs in this action;
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`4.
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`5.
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`Assessing prejudgment interest on damages; and,
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`Awarding Mentor Graphics such other and further relief as the Court
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`deems just and equitable.
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`DEMAND FOR JURY TRIAL
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`Mentor Graphics hereby demands trial by jury of all issues so triable under the
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`law.
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`Dated: August 12,2010
`
`sl
`rge A. Riley
`G
`ro hac vice application
`forthcoming) griley@omm.com
`Mark E. Miller (pro hac vice pending)
`
`markmiller@omm.com
`
`Luann L. Simmons (pro hac vice pending)
`
`lsimmons@omm.com
`Michael Sapoznikow (pro hac vice pending)
`msapoznikow@omm.com
`O'MEL VENY & MYERS LLP
`Two Embarcadero Center, 28th Floor
`San Francisco, California 94111
`Telephone (415) 984-8700
`Facsimile (415) 984-8701
`
`James E. Geringer, OSB No. 951783
`james.geringer@klarquist.com
`Patrick M. Bible, OSB No. 020323
`patrick.bible@klarquist.com
`KLARQUIST SPARKMAN, LLP
`121 S.W. Salmon Street, Suite 1600
`Portland, Oregon 97204
`Telephone: (503) 595-5300
`Fax: (503) 595-5301
`
`Attorneys for Plaintiff
`MENTOR GRAPHICS CORPORATION
`
`- 4 ­
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