Case 3:13-cv-00579-MO Document 196 Filed 06/04/13 Page 1 of 13
`
`M. Patricia Thayer (pro hac vice)
`pthayer@sidley.com
`Philip W. Woo (pro hac vice)
`pwoo@sidley.com
`SIDLEY AUSTIN LLP
`555 California Street, Suite 2000
`San Francisco, CA 94104
`Telephone: 415.772.1200
`
`
`
`
`Stephen F. English, OSB No. 730843
`SEnglish@perkinscoie.com
`Julia E. Markley, OSB No. 000791
`JMarkley@perkinscoie.com
`PERKINS COIE LLP
`1120 N.W. Couch Street, Tenth Floor
`Portland, OR 97209
`Telephone: 503.727.2000
`
`I. Neel Chatterjee (pro hac vice)
`nchatterjee@orrick.com
`William H. Wright (pro hac vice)
`wwright@orrick.com
`ORRICK, HERRINGTON & SUTCLIFFE LLP
`1000 Marsh Road
`Menlo Park, CA 94025
`Telephone: 650.614.7400
`
`Attorneys for Defendants and Counter-Claimants/Plaintiffs Synopsys, Inc.; Synopsys Emulation
`and Verification S.A.; and EVE-USA, Inc.
`
`
`
`UNITED STATES DISTRICT COURT
`DISTRICT OF OREGON
`PORTLAND DIVISION
`
`MENTOR GRAPHICS CORPORATION, an
`Oregon corporation,
`
`Plaintiff and Counter-Defendant,
`v.
`EVE-USA, INC., a Delaware corporation, and
`SYNOPSYS EMULATION AND
`VERIFICATION S.A., formed under the laws of
`France,
`
`Defendants and Counter-Claimants.
`SYNOPSYS, INC., a Delaware corporation,
`EVE-USA, INC., a Delaware corporation, and
`SYNOPSYS EMULATION AND
`VERIFICATION S.A., formed under the
`laws of France,
`
`Plaintiffs and Counter-Defendants,
`v.
`MENTOR GRAPHICS CORPORATION, an
`Oregon corporation,
`
`Defendant and Counter-Claimant.
`
`
`Case No. 3:10-CV-00954-MO (Lead)
`Case No. 3:12-CV-01500-MO
`Case No. 3:13-CV-00579-MO
`
`FIRST AMENDED COMPLAINT
`FOR PATENT INFRINGEMENT,
`DECLARATIONS OF
`INVALIDITY AND NON-
`INFRINGEMENTS, AND
`INJUNCTIVE RELIEF
`
`By Synopsys, Inc., Synopsys
`Emulation and Verifications S.A. and
`EVE-USA, Inc.
`
`DEMAND FOR JURY TRIAL
`
`
`
`
`1-
`
`FIRST AMENDED COMPLAINT FOR PATENT
`INFRINGEMENT, DECLARATIONS OF INVALIDITY AND
`NON-INFRINGEMENTS, AND INJUNCTIVE RELIEF
`
`79654-0003/LEGAL26910398.1
`
`Perkins Coie LLP
`1120 N.W. Couch Street, Tenth Floor
`Portland, OR 97209-4128
`Phone: 503.727.2000
`Fax: 503.727.2222
`
`

`

`Case 3:13-cv-00579-MO Document 196 Filed 06/04/13 Page 2 of 13
`
`
`
`In Case No. 3:13-cv-579-MO, Plaintiffs Synopsys, Inc., EVE-USA, Inc. and Synopsys
`
`Emulation and Verification S.A. (collectively, “Plaintiffs”) allege as follows:
`
`THE PARTIES
`
`1.
`
`Plaintiff Synopsys, Inc. (“Synopsys”) is a corporation organized and existing
`
`under the laws of the State of Delaware, with its principal place of business in Mountain View,
`
`California.
`
`2.
`
`Plaintiff EVE-USA, Inc. is a corporation organized and existing under the laws of
`
`the State of Delaware, with its principal place of business in San Jose, California.
`
`3.
`
`Plaintiff Synopsys Emulation and Verification S.A. is a French corporation
`
`headquartered in Wissous, France. Plaintiffs EVE-USA, Inc. and Synopsys Emulation and
`
`Verification S.A. are collectively referred to herein as “EVE.”
`
`4.
`
`Defendant Mentor Graphics Corp. (“Mentor Graphics”) is a corporation organized
`
`and existing under the laws of the State of Oregon. Mentor Graphics has five offices or sites in
`
`California (Fremont, Folsom, El Segundo, Irvine and San Diego) and additional offices in other
`
`parts of the United States.
`
`BACKGROUND
`
`5.
`
`Mentor Graphics has alleged in a Complaint filed in the United States District
`
`Court for the District of Oregon, Case No. 6:06-cv-00341-AA, that it owns all right, title and
`
`interest in U.S. Patent No. 6,009,531 (“the ’531 patent”), entitled “Transition Analysis and
`
`Circuit Resynthesis Method and Device for Digital Circuit Modeling,” which issued on or about
`
`December 28, 1999. This action was dismissed with prejudice on November 30, 2006.
`
`6.
`
`Mentor Graphics also alleged in a Complaint filed in the United States District
`
`Court for the District of Oregon, Case No. 6:06-cv-00341-AA, that it owns all right, title and
`
`interest in U.S. Patent No. 5,649,176 (“the ’176 patent”), entitled “Transition Analysis and
`
`Circuit Resynthesis Method and Device for Digital Circuit Modeling,” which issued on or about
`
`July 15, 1997. This action was dismissed with prejudice on November 30, 2006.
`
`
`
`
`2-
`
`FIRST AMENDED COMPLAINT FOR PATENT
`INFRINGEMENT, DECLARATIONS OF INVALIDITY AND
`NON-INFRINGEMENTS, AND INJUNCTIVE RELIEF
`79654-0003/LEGAL26910398.1
`
`
`Perkins Coie LLP
`1120 N.W. Couch Street, Tenth Floor
`Portland, OR 97209-4128
`Phone: 503.727.2000
`Fax: 503.727.2222
`
`

`

`Case 3:13-cv-00579-MO Document 196 Filed 06/04/13 Page 3 of 13
`
`
`
`7.
`
`Mentor Graphics also alleged in a Complaint filed in the United States District
`
`Court for the District of Oregon, Case No. 6:06-cv-00341-AA, that it owns all right, title and
`
`interest in U.S. Patent No. 6,240,376 (“the ’376 patent”), entitled “Method and Apparatus for
`
`Gate-Level Simulation of Synthesized Register Transfer Level Designs With Source-Level
`
`Debugging,” which issued on or about May 29, 2001. This action was dismissed with prejudice
`
`on November 30, 2006.
`
`JURISDICTION AND VENUE
`
`8.
`
`This action arises under the Declaratory Judgment Act and the patent laws of the
`
`United States, more particularly under Title 28 U.S.C. §§ 2201 and 2202 and Title 35 U.S.C. §§
`
`100 et. seq. and 271, respectively. This court has jurisdiction under Title 28 U.S.C. §§ 1331,
`
`1338 and 2201.
`
`9.
`
`Mentor Graphics is subject to personal jurisdiction in this Court, including
`
`because it has its principal place of business in Wilsonville, Oregon.
`
`10.
`
`Venue is proper in this District under 28 U.S.C. §§ 1391(b) and (c) and 1400(b)
`
`because Mentor Graphics transacts business in this district, is subject to personal jurisdiction in
`
`this District, and has committed acts of infringement in this district.
`
`11. Mentor Graphics has alleged that the ZeBu line of hardware-assisted verification
`
`products, which are manufactured, imported, sold and offered for sale by EVE (hereinafter the
`
`“ZeBu Products”), infringe the ’531, ’176 and ’376 patents. On or about March 13, 2006,
`
`Mentor Graphics filed a Complaint in the United States District Court for the District of Oregon,
`
`Case No. 6:06-cv-00341-AA, which alleged that EVE infringed the ’531 patent by selling and
`
`supporting the ZeBu Products. On or about May 19, 2006, Mentor Graphics filed a First
`
`Amended Complaint, which alleged that EVE infringed the ’531, ’176 and ’376 patents directly,
`
`contributorily and by inducement, by selling and supporting the ZeBu Products. On November
`
`30, 2006, the action was dismissed with prejudice and the parties finalized a settlement
`
`agreement in December 2006.
`
`
`
`
`3-
`
`FIRST AMENDED COMPLAINT FOR PATENT
`INFRINGEMENT, DECLARATIONS OF INVALIDITY AND
`NON-INFRINGEMENTS, AND INJUNCTIVE RELIEF
`79654-0003/LEGAL26910398.1
`
`
`Perkins Coie LLP
`1120 N.W. Couch Street, Tenth Floor
`Portland, OR 97209-4128
`Phone: 503.727.2000
`Fax: 503.727.2222
`
`

`

`Case 3:13-cv-00579-MO Document 196 Filed 06/04/13 Page 4 of 13
`
`
`
`12.
`
`On or about August 12, 2010, Mentor Graphics initiated a second litigation
`
`against EVE by filing a Complaint in the United District Court for the District of Oregon, Case
`
`No. 3:10-cv-00954-MO, alleging that EVE infringes U.S. Patent No. 6,876,962 by making,
`
`using, selling, offering for sale, importing and supporting the ZeBu Products.
`
`13.
`
`On or about August 17, 2012, Mentor Graphics commenced a third litigation
`
`against EVE by filing yet another Complaint in the United States District Court for the District
`
`of Oregon, Case No. 3:12-cv-01500-SI, alleging that EVE infringes U.S. Patent No. 6,947,882
`
`by making, using, selling, offering for sale, importing and supporting the ZeBu Products. The
`
`District of Oregon consolidated these two cases (No. 3:10-cv-00954-MO and No. 3:12-cv-
`
`01500-SI) on or about November 7, 2012.
`
`14.
`
`On September 27, 2012, Synopsys, Inc. entered into an agreement to acquire the
`
`business of EVE, including the ZeBu Products. The proposed acquisition closed Oct. 4, 2012.
`
`Accordingly, Plaintiffs are importing, selling, offering for sale and/or supporting the ZeBu
`
`Products in the United States, which line of products was previously accused by Mentor
`
`Graphics of infringing the ’531, ’176 and ’376 patents and which products share structures and
`
`functionality that Mentor Graphics alleged are relevant to the claims of the ’531, ’176 and ’376
`
`patents.
`
`15.
`
`On August 20, 2012, Dr. Walden C. Rhines, Chairman and Chief Executive
`
`Officer of Mentor Graphics, wrote to Dr. Aart de Geus, Chairman and Co-Chief Executive
`
`Officer of Synopsys, Inc. In reference to a published rumor that Synopsys, Inc. was in
`
`discussions to acquire the business of EVE, Dr. Rhines stated that the settlement agreement
`
`entered into between Mentor Graphics and EVE in 2006 contains terms that may be considered
`
`“material” to the acquisition, and that Dr. de Geus “should ensure [his] team is aware” of them.
`
`16.
`
`Upon information and belief, and given the terms of the 2006 settlement
`
`agreement, coupled with the timing of the communication, Mentor Graphics’ statements were
`
`meant to convey an explicit threat that should Synopsys, Inc. consummate its contemplated
`
`
`
`
`4-
`
`FIRST AMENDED COMPLAINT FOR PATENT
`INFRINGEMENT, DECLARATIONS OF INVALIDITY AND
`NON-INFRINGEMENTS, AND INJUNCTIVE RELIEF
`79654-0003/LEGAL26910398.1
`
`
`Perkins Coie LLP
`1120 N.W. Couch Street, Tenth Floor
`Portland, OR 97209-4128
`Phone: 503.727.2000
`Fax: 503.727.2222
`
`

`

`Case 3:13-cv-00579-MO Document 196 Filed 06/04/13 Page 5 of 13
`
`
`
`acquisition of EVE, Synopsys and/or EVE would thereupon be subject to suit by Mentor
`
`Graphics for patent infringement of the ’531, ’176 and ’376 patents.
`
`17.
`
`Based on the acts, conduct and statements of Mentor Graphics, there exists an
`
`actual and substantial controversy, within the meaning of 28 U.S.C. §§ 2201 and 2202, between
`
`Plaintiffs and Mentor Graphics, as to whether Plaintiffs or any of the ZeBu Products have
`
`infringed, or continue to infringe, any of the claims of the ’531, ’176 and ’376 patents, as to
`
`whether the claims of the ’531, ’176 and ’376 patents are valid, and as to whether Mentor
`
`Graphics is without right or authority to threaten or to maintain suit against Plaintiffs for alleged
`
`infringement of the ’531, ’176 and ’376 patents.
`
`18.
`
`On January 11, 2013, Mentor Graphics filed counterclaims in this action alleging
`
`that Synopsys and EVE infringe the ’531, ’176, and ’376 patents by making, using, selling,
`
`offering for sale, importing and supporting the ZeBu Products. On April 25, 2013, the District
`
`of Oregon consolidated this case (Case No. 3:13-cv-579-ST) with Case Nos. 3:10-cv-00954-
`
`MO and No. 3:12-cv-01500-MO.
`
`COUNT I
`
`(Declaratory Judgment of Invalidity – Synopsys and EVE v. Mentor Graphics)
`
`19.
`
`Plaintiffs incorporate by reference the allegations contained in the preceding
`
`paragraphs as though set forth in full herein.
`
`20.
`
`This is a claim for declaratory judgment of invalidity of any and all claims of the
`
`’531, ’176 and ’376 patents.
`
`21.
`
`The ’531, ’176 and ’376 patents, and each claim thereof, are invalid under one or
`
`more provisions of Title 35 of the United States Code, including, without limitation, Sections
`
`101, 102, 103 and 112.
`
`22.
`
`The claims of the ’531, ’176 and ’376 patents are invalid because they are vague
`
`and indefinite and do not particularly point out and distinctly claim the subject matter which the
`
`applicants regarded as their alleged inventions, as required by 35 U.S.C. § 112.
`
`
`
`
`5-
`
`FIRST AMENDED COMPLAINT FOR PATENT
`INFRINGEMENT, DECLARATIONS OF INVALIDITY AND
`NON-INFRINGEMENTS, AND INJUNCTIVE RELIEF
`79654-0003/LEGAL26910398.1
`
`
`Perkins Coie LLP
`1120 N.W. Couch Street, Tenth Floor
`Portland, OR 97209-4128
`Phone: 503.727.2000
`Fax: 503.727.2222
`
`

`

`Case 3:13-cv-00579-MO Document 196 Filed 06/04/13 Page 6 of 13
`
`
`
`23.
`
`The claims of the ’531, ’176 and ’376 patents are invalid because the
`
`specifications of the ’531, ’176 and ’376 patents do not contain a written description of the
`
`invention and of the manner and process of making and using it, in such full, clear, concise and
`
`exact terms as to enable any person skilled in the art to which it pertains, or with which it is
`
`most nearly connected, to make and/or use the same, as required by 35 U.S.C. § 112.
`
`24.
`
`The claims of the ’531, ’176 and ’376 patents are invalid for failure to meet the
`
`conditions for patentability set forth in 35 U.S.C. §§ 102 and 103.
`
`25.
`
`Absent a declaration of invalidity, Mentor Graphics will continue to wrongfully
`
`assert or threaten to assert the ’531, ’176 and ’376 patents against Plaintiffs, in violation of the
`
`laws and contrary to the public policy of the United States, and will thereby continue to cause
`
`Plaintiffs irreparable injury and damage.
`
`26.
`
`A judicial determination on the disputes recited herein is necessary and
`
`appropriate at this time so the parties may ascertain their respective rights and obligations with
`
`respect to the ’531, ’176 and ’376 patents and any past, present or future manufacture, use,
`
`importation, distribution, sale, or offer for sale of ZeBu Products.
`
`27.
`
`Synopsys, Inc. filed a petition for inter partes review of the patentability of the
`
`claims of U.S. Patent No. 6,240,376 with the United States Patent and Trademark Office. On
`
`February 22, 2013, the Patent Trial and Appeal Board instituted an inter partes review trial;
`
`Mentor Graphics subsequently requested rehearing, and on April 11, 2013 the Board denied the
`
`request. Adjudication of this action as to the ’376 patent was not automatically stayed under 35
`
`U.S.C. § 315(a)(2)(B) because Mentor Graphics filed a counterclaim in this action alleging that
`
`Plaintiffs have infringed the ’376 patent.
`
`
`
`
`
`
`6-
`
`FIRST AMENDED COMPLAINT FOR PATENT
`INFRINGEMENT, DECLARATIONS OF INVALIDITY AND
`NON-INFRINGEMENTS, AND INJUNCTIVE RELIEF
`79654-0003/LEGAL26910398.1
`
`
`Perkins Coie LLP
`1120 N.W. Couch Street, Tenth Floor
`Portland, OR 97209-4128
`Phone: 503.727.2000
`Fax: 503.727.2222
`
`

`

`Case 3:13-cv-00579-MO Document 196 Filed 06/04/13 Page 7 of 13
`
`
`
`COUNT II
`
`(Declaratory Judgment of Non-Infringement – Synopsys and EVE v. Mentor Graphics)
`
`28.
`
`Plaintiffs incorporate by reference the allegations contained in the preceding
`
`paragraphs as though set forth in full herein.
`
`29.
`
`This is a claim for declaratory judgment of non-infringement of any valid claims
`
`of the ’531, ’176 and ’376 patents.
`
`30.
`
`Plaintiffs do not directly, contributorily, or by inducement, infringe any claim of
`
`the ’531, ’176 and ’376 patents, either literally or under the doctrine of equivalents.
`
`31.
`
`The manufacture, importation, use, sale, or offer for sale of any of the ZeBu
`
`Products in the United States does not directly infringe, contributorily infringe, or induce
`
`infringement of any claim of the ’531, ’176 and ’376 patents, either literally or under the
`
`doctrine of equivalents.
`
`32.
`
`Defendant Mentor Graphics is without right or authority to threaten or to maintain
`
`suit against Plaintiffs for alleged infringement of the ’531, ’176 and ’376 patents.
`
`33.
`
`Absent a declaration of non-infringement, Mentor Graphics will continue to
`
`wrongfully assert or threaten to assert the ’531, ’176 and ’376 patents against Plaintiffs, in
`
`violation of the laws and contrary to the public policy of the United States, and will thereby
`
`continue to cause Plaintiffs irreparable injury and damage.
`
`34.
`
`A judicial determination on the disputes recited herein is necessary and
`
`appropriate at this time so the parties may ascertain their respective rights and obligations with
`
`respect to the ’531, ’176 and ’376 patents and any past, present or future manufacture, use,
`
`importation, distribution, sale, or offer for sale of ZeBu Products.
`
`COUNT III
`
`(Patent Infringement of U.S. Patent No. 6,132,109 – Synopsys v. Mentor Graphics)
`
`35.
`
`Synopsys incorporates by reference the allegations contained in the preceding
`
`paragraphs as though set forth in full herein.
`
`
`
`
`7-
`
`FIRST AMENDED COMPLAINT FOR PATENT
`INFRINGEMENT, DECLARATIONS OF INVALIDITY AND
`NON-INFRINGEMENTS, AND INJUNCTIVE RELIEF
`79654-0003/LEGAL26910398.1
`
`
`Perkins Coie LLP
`1120 N.W. Couch Street, Tenth Floor
`Portland, OR 97209-4128
`Phone: 503.727.2000
`Fax: 503.727.2222
`
`

`

`Case 3:13-cv-00579-MO Document 196 Filed 06/04/13 Page 8 of 13
`
`
`
`36.
`
`Synopsys is the owner of all rights, title and interest in the ’109 patent, entitled
`
`“Architecture and Methods for a Hardware Description Language Source Level Debugging
`
`System,” which was duly and legally issued on October 17, 2000. A copy of the patent is
`
`attached to this complaint as Exhibit A.
`
`37. Mentor Graphics has been and is currently directly infringing one or more claims
`
`of the ’109 patent, including at least claim 1, in violation of 35 U.S.C. § 271(a) by making,
`
`using, offering to sell and selling within the United States, and/or importing into the United
`
`States, products and services that practice the inventions claimed in the ’109 patent, including
`
`specifically the Veloce family of products and their related services, and, unless enjoined, will
`
`continue to do so.
`
`38. Mentor Graphics has been aware of the existence of the ’109 patent since at least
`September 27, 2012, the date on which Mentor Graphics received Synopsys’s petition for inter
`
`partes review of the ’376 patent, which cited the ’109 patent as prior art. Mentor Graphics’
`
`infringement, therefore, has been and continues to be willful.
`
`39. Mentor Graphics has been and is currently actively inducing and encouraging
`
`infringement of at least one claim of the ’109 patent in violation of 35 U.S.C. § 271(b), and
`
`Mentor Graphics will continue to do so unless permanently enjoined. With actual knowledge of
`
`the ’109 patent at least as of the date of this Complaint, Mentor Graphics actively induces and
`
`encourages its customers’ direct infringement of the ’109 patent by instructing said customers to
`
`use its products in a manner that directly infringes the ’109 patent, including, for example, by
`
`instructing said customers to run the Veloce family of products to create, analyze, diagnose
`
`and/or debug integrated circuit designs. Mentor Graphics does so with the specific intent to
`
`induce and encourage such infringement, or, at a minimum, with willful blindness to the known
`
`risk of such infringement.
`
`40.
`
`In violation of 35 U.S.C. § 271(c), Mentor Graphics has been and is currently
`
`contributing to the infringement of the ’109 patent by selling and/or offering to sell within the
`
`
`
`
`8-
`
`FIRST AMENDED COMPLAINT FOR PATENT
`INFRINGEMENT, DECLARATIONS OF INVALIDITY AND
`NON-INFRINGEMENTS, AND INJUNCTIVE RELIEF
`79654-0003/LEGAL26910398.1
`
`
`Perkins Coie LLP
`1120 N.W. Couch Street, Tenth Floor
`Portland, OR 97209-4128
`Phone: 503.727.2000
`Fax: 503.727.2222
`
`

`

`Case 3:13-cv-00579-MO Document 196 Filed 06/04/13 Page 9 of 13
`
`
`
`United States products that are material components of systems that practice or embody the
`
`invention claimed in the ’109 patent, and Mentor Graphics will continue to do so unless
`
`permanently enjoined. With actual knowledge of the ’109 patent at least as of the date of this
`
`Complaint, Mentor Graphics sells and offer to sell products to its customers, including
`
`specifically the Veloce family of products, knowing that these products are especially made or
`
`adapted for use in a manner that infringes the ’109 patent, and knowing that these products are
`
`not staple articles or commodities of commerce suitable for substantial non-infringing use.
`
`41.
`
`As a direct and proximate consequence of Mentor Graphics’ infringement of the
`
`’109 patent, Synopsys has suffered and will continue to suffer irreparable injury for which there
`
`is no adequate remedy at law and damages in an amount yet to be determined for which
`
`Synopsys is entitled to relief. Under 35 U.S.C. §§ 283 and 284, Synopsys is entitled to recover
`
`damages as well as permanent injunctive relief against further infringement.
`
`COUNT IV
`
`(Patent Infringement of U.S. Patent No. 7,069,526 – Synopsys v. Mentor Graphics)
`
`42.
`
`Synopsys incorporates by reference the allegations contained in the preceding
`
`paragraphs as though set forth in full herein.
`
`43.
`
`Synopsys is the owner of all rights, title and interest in the ’526 patent, entitled
`
`“Hardware Debugging in a Hardware Description Language,” which was duly and legally
`
`issued on June 27, 2006. A copy of the patent is attached to this complaint as Exhibit B.
`
`44. Mentor Graphics has been and is currently directly infringing one or more claims
`
`of the ’526 patent, including at least claims 19, 23, 24, 28, 29, 30, and 33, in violation of 35
`
`U.S.C. § 271(a) by making, using, offering to sell and selling within the United States, and/or
`
`importing into the United States, products and services that practice the inventions claimed in
`
`the ’526 patent, including specifically the Veloce family of products and their related services,
`
`and, unless enjoined, will continue to do so.
`
`
`
`
`9-
`
`FIRST AMENDED COMPLAINT FOR PATENT
`INFRINGEMENT, DECLARATIONS OF INVALIDITY AND
`NON-INFRINGEMENTS, AND INJUNCTIVE RELIEF
`79654-0003/LEGAL26910398.1
`
`
`Perkins Coie LLP
`1120 N.W. Couch Street, Tenth Floor
`Portland, OR 97209-4128
`Phone: 503.727.2000
`Fax: 503.727.2222
`
`

`

`Case 3:13-cv-00579-MO Document 196 Filed 06/04/13 Page 10 of 13
`
`
`
`45. Mentor Graphics has been and is currently actively inducing and encouraging
`
`infringement of at least one claim of the ’526 patent in violation of 35 U.S.C. § 271(b), and
`
`Mentor Graphics will continue to do so unless permanently enjoined. With actual knowledge of
`
`the ’526 patent at least as of the date of this Complaint, Mentor Graphics actively induces and
`
`encourages its customers’ direct infringement of the ’526 by instructing said customers to use
`
`its products in a manner that directly infringes the ’526 patent, including, for example, by
`
`instructing said customers to run the Veloce family of products to create, analyze, diagnose
`
`and/or debug integrated circuit designs. Mentor Graphics does so with the specific intent to
`
`induce and encourage such infringement, or, at a minimum, with willful blindness to the known
`
`risk of such infringement.
`
`46.
`
`In violation of 35 U.S.C. § 271(c), Mentor Graphics has been and is currently
`
`contributing to the infringement of the ’526 patent by selling and/or offering to sell within the
`
`United States products that are material components of systems that practice or embody the
`
`invention claimed in the ’526 patent, and Mentor Graphics will continue to do so unless
`
`permanently enjoined. With actual knowledge of the ’526 patent at least as of the date of this
`
`Complaint, Mentor Graphics sells and offers to sell products to its customers, including
`
`specifically the Veloce family of products, knowing that these products are especially made or
`
`adapted for use in a manner that infringes the ’526 patent, and knowing that these products are
`
`not staple articles or commodities of commerce suitable for substantial non-infringing use.
`
`47.
`
`As a direct and proximate consequence of Mentor Graphics’ infringement of the
`
`’526 patent, Synopsys has suffered and will continue to suffer irreparable injury for which there
`
`is no adequate remedy at law and damages in an amount yet to be determined for which
`
`Synopsys is entitled to relief. Under 35 U.S.C. §§ 283 and 284, Synopsys is entitled to recover
`
`damages as well as permanent injunctive relief against further infringement.
`
`WHEREFORE, Plaintiffs pray for judgment against Mentor Graphics as follows:
`
`1.
`
`Entry of judgment that:
`
`
`
`
`10-
`
`FIRST AMENDED COMPLAINT FOR PATENT
`INFRINGEMENT, DECLARATIONS OF INVALIDITY AND
`NON-INFRINGEMENTS, AND INJUNCTIVE RELIEF
`79654-0003/LEGAL26910398.1
`
`
`Perkins Coie LLP
`1120 N.W. Couch Street, Tenth Floor
`Portland, OR 97209-4128
`Phone: 503.727.2000
`Fax: 503.727.2222
`
`

`

`Case 3:13-cv-00579-MO Document 196 Filed 06/04/13 Page 11 of 13
`
`
`
`a. Defendant Mentor Graphics is without right or authority to threaten or to
`
`maintain suit against Plaintiffs for alleged infringement of the ’531, ’176 and
`
`’376 patents;
`
`b. said patents are invalid;
`
`c. said patents are not infringed and have not been infringed by Plaintiffs or by
`
`the manufacture, use, sale, offer for sale, or importation of Plaintiffs’
`
`products, by Plaintiffs or otherwise; and
`
`d. Mentor Graphics has infringed, directly and indirectly, one or more claims of
`
`each of the ’109 and ’526 patents.
`
`2.
`
`Entry of preliminary and, following trial, permanent injunctions enjoining
`
`Defendant, its officers, agents, servants, employees, licensees and attorneys and those
`
`persons in active concert or participation with them and all others in privity therewith
`
`from:
`
`a. initiating or prosecuting any lawsuit or proceeding placing at issue the right
`
`of Plaintiffs, their customers, licensees, successors, assigns and all others in
`
`privity therewith, to make, use, sell, offer for sale or import Plaintiffs’
`
`products, with respect to the ’531, ’176 and ’376 patents;
`
`b. interfering with or threatening to interfere with the manufacture, sale, offer for
`
`sale, use or importation of Plaintiffs’ products by Plaintiffs, or each of them,
`
`or any of their customers, licensees, dealers, agents, servants, or employees, or
`
`any prospective or present sellers, dealers, or users of Plaintiffs’ products, and
`
`all others in privity therewith, with respect to the ’531, ’176 and ’376 patents;
`
`c. making any claim to any person or entity that Plaintiffs’ products infringe the
`
`’531, ’176 and ’376 patents;
`
`
`
`
`11-
`
`FIRST AMENDED COMPLAINT FOR PATENT
`INFRINGEMENT, DECLARATIONS OF INVALIDITY AND
`NON-INFRINGEMENTS, AND INJUNCTIVE RELIEF
`79654-0003/LEGAL26910398.1
`
`
`Perkins Coie LLP
`1120 N.W. Couch Street, Tenth Floor
`Portland, OR 97209-4128
`Phone: 503.727.2000
`Fax: 503.727.2222
`
`

`

`Case 3:13-cv-00579-MO Document 196 Filed 06/04/13 Page 12 of 13
`
`
`
`3.
`
`That this case is declared exceptional under 35 U.S.C. § 285, and that
`
`Plaintiffs be awarded their reasonable attorney fees, costs and expenses incurred in
`
`connection with this action; and
`
`4.
`
`That this Court grant the Plaintiffs such other further relief as the Court
`
`deems appropriate.
`
`AND WHEREFORE, Synopsys further prays for judgment against Mentor Graphics as
`
`follows:
`
`5.
`
`Entry of preliminary and, following trial, permanent injunctions enjoining
`
`Defendant, its officers, agents, servants, employees, licensees and attorneys and those
`
`persons in active concert or participation with them and all others in privity therewith
`
`from infringing, directly or indirectly, the ’109 and ’526 patents.
`
`6.
`
`Damages to compensate Synopsys for Mentor Graphics’ infringement,
`
`including treble damages for willful infringement and all compensatory damages incurred
`
`before entry of final judgment in the case; and
`
`7.
`
`An award of all pre-judgment and post-judgment interest and costs to
`
`Synopsys.
`
`JURY DEMAND
`
`Plaintiffs hereby demand trial by jury on all issues triable to a jury.
`
`DATED: June 4, 2013
`
`
`PERKINS COIE LLP
`
`By: s/ Stephen F. English
`Stephen F. English, OSB No. 730843
`SEnglish@perkinscoie.com
`Julia E. Markley, OSB No. 000791
`JMarkley@perkinscoie.com
`1120 N.W. Couch Street, Tenth Floor
`Portland, OR 97209
`Telephone: 503.727.2000
`Facsimile: 503.727.2222
`
`
`
`
`12-
`
`FIRST AMENDED COMPLAINT FOR PATENT
`INFRINGEMENT, DECLARATIONS OF INVALIDITY AND
`NON-INFRINGEMENTS, AND INJUNCTIVE RELIEF
`79654-0003/LEGAL26910398.1
`
`
`Perkins Coie LLP
`1120 N.W. Couch Street, Tenth Floor
`Portland, OR 97209-4128
`Phone: 503.727.2000
`Fax: 503.727.2222
`
`

`

`Case 3:13-cv-00579-MO Document 196 Filed 06/04/13 Page 13 of 13
`
`
`
`
`
`
`
`
`I. Neel Chatterjee (pro hac vice)
`nchatterjee@orrick.com
`William H. Wright (pro hac vice)
`wwright@orrick.com
`ORRICK, HERRINGTON & SUTCLIFFE LLP
`1000 Marsh Road
`Menlo Park, CA 94025
`Telephone: 650.614.7400
`Facsimile: 650.614.7401
`
`M. Patricia Thayer (pro hac vice)
`pthayer@sidley.com
`Philip W. Woo (pro hac vice)
`pwoo@sidley.com
`SIDLEY AUSTIN LLP
`555 California Street, Suite 2000
`San Francisco, CA 94104
`Telephone: 415.772.1200
`Facsimile: 415.772.7400
`
`Attorneys for Defendants and Counter-
`Claimants/Plaintiffs Synopsys, Inc.; Synopsys
`Emulation and Verification S.A.; and EVE-USA,
`Inc.
`
`
`
`
`
`
`13-
`
`FIRST AMENDED COMPLAINT FOR PATENT
`INFRINGEMENT, DECLARATIONS OF INVALIDITY AND
`NON-INFRINGEMENTS, AND INJUNCTIVE RELIEF
`79654-0003/LEGAL26910398.1
`
`
`Perkins Coie LLP
`1120 N.W. Couch Street, Tenth Floor
`Portland, OR 97209-4128
`Phone: 503.727.2000
`Fax: 503.727.2222
`
`