`Micron Memory Japan, Inc. in Reorganization Procedure
`
`
`Request for Certificate
`
`
`To the Tokyo District Court, Civil 8th Division
`
`
`August 10, 2015
`
`Attorney representing Massachusetts Institute of Technology: Katsunori Takechi
`
`
`We hereby request that it is certified that in relation to the above-captioned case the
`Tokyo District Court received the attached Proof of Reorganization Claims Form from
`Massachusetts Institute of Technology on October 31, 2012.
`
`The above is certified.
`August 10, 2015
`Tokyo District Court, Civil 8th Division
`Court Clerk: Kuniko Umezawa (seal)
`
`
`
`
`
`
`
`
`
`(Attachement)
`
`Heisei 24 (Mi) No.1
`2-1 Yaesu 2-chome, Chuo-ku, Tokyo
`Corporate Reorganizing Company: Elpida Memory, Inc.
`
`
`Proof of Reorganization Claims Form
` (under Article 138, Paragraph 1 of the Corporate Reorganization Law)
`
`
`: October 31, 2012
`
`Filing Date
`
`Address
`: 77 Massachusetts Avenue, Cambridge, MA 02139-4307, USA
`Name
`: Massachusetts Institute of Technology
`Name of Representative: Vice President & General Counsel/ R. Gregory Morgan
`
`Address of Agent:
`Kowa-Shibakoen Building 4F, 1-11,Shibakoen 1-chome, Minato-ku, Tokyo 105-0011
`Name: Attorney at Law/ Katsunori Takechi
`
`Amount of Claims Filed: Total US$ 71,000,000
`Amount of Voting Rights:
`Same as above; provided, however, that the amount after applying Article 136,
`Paragraphs 2 and 3 of the Corporate Reorganization Law shall be excluded.
`
`Content and Cause of Claim:
`Please see the attached Exhibit. We note that the by filing this Form MIT has no
`intention to consent that MIT’s claims to recover damages arising after the
`Commencement Date of the Corporate Reorganization Procedure will be excluded from
`Common Benefit Claims under the Corporate Reorganization Law. We also note that
`MIT retains the right to enforce such claims as Common Benefit Claims and may
`separately exercise such right.
`
`
`
`
`
`Exhibit
`
`
`
`The claims filed by MIT are those rights to recover damages caused by the
`Corporate Reorganization Company, which infringed the following patent right
`(hereinafter “the Patent Right”) co-owned by MIT and the University of Maryland
`(hereinafter collectively referred to as “the Creditors”), based upon Sections 284, 286,
`etc. of the United States Patent Act.
`Detailed Information of the Patent
`Country of Registration: United States of America
`Patent Number: 6,057,221
`Registration Date: May 2, 2000
`Filing Date: April 3, 1997
`Title of Invention: Laser-induced cutting of metal interconnect
`The Number of Claims: 20 (after ex parte re-examination)
`
`
`Since 2006 to date, the Corporate Reorganization Company sold within the
`United States of America (hereinafter referred to as “the U.S.”) dynamic random access
`memories (hereinafter “DRAM”) using in their production process the invention
`relating to Claims 3, 4, 6, 7, 13, 14, 15, 17, 18 and 21 through 30 of the Patent Right,
`which claims are shown in the Ex Parte Reexamination Certificate) and thereby
`infringed the Patent Right of the Creditors.
`
`
`The DRAMs dealt with by the Corporate Reorganization Company within the
`U.S. used the invention of the Patent Right in their production process and the Creditors
`are entitled with the claims to recover damages in the amount of USD 142 million or
`more against the Corporate Reorganization Company, based upon Sections 284, 286 and
`etc. of the U.S. Patent Act.
`
`The amount of damages mentioned above are calculated by assuming the sales
`volume of DRAMs within the U.S. by the Corporate Reorganization Company during
`the period from November 1, 2006 to the Commencement Date of the Corporate
`Reorganization Procedure as well as applying the minimum royalty rate (1%) to be
`reasonably applied in relation to the Patent Right. Also, in calculating the above
`amount of damages, the late payment charge of 5% per annum is added on the damages
`incurred as a result of the past infringements.
`
`-End-
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
