SMART EXHIBIT 1016
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`SMART EXHIBIT 1016
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`Case 4:14-cv-01380 Document 18 Filed in TXSD on 10/14/14 Page 1 of 6
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`UNITED STATES DISTRICT COURT
`FOR THE SOUTHERN DISTRICT OF TEXAS
`
`JAMES B. GOODMAN,
`Plaintiff,
`vs.
`SMART MODULAR TECHNOLOGIES INC.
`Defendant.
`*****************************************
`
`Civil Action No. 14-CV-01380
`SECOND AMENDED COMPLAINT
`COMPLAINT FOR PATENT
`INFRINGEMENT AND
`DEMAND FOR JURY TRIAL
`Before District Judge Gray H. Miller
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`NOW COMES Plaintiff, JAMES B. GOODMAN (“Goodman” herein), through his
`attorney, and files this Second Amended Complaint for Patent Infringement and Demand for Jury
`Trial against SMART MODULAR TECHNOLOGIES INC. (“Smart Modular” herein).
`PARTIES
`Goodman is an individual residing in the State of Texas.
`On information and belief from the web site for Smart Modular, the U.S.
`Corporate Headquarters is located at 39870 Eureka Drive, Newark, CA 94560.
`On information and belief from the web site for Smart Modular, Smart Modular
`promotes the purchase of its products in this Federal Jurisdiction on its web site,
`and through an OEM Sales Manager assigned to Texas (as well as CO, UT,
`Southern CA, AZ, and NV).
`In addition, on information and belief, Smart Modular has offices at 21638 State
`Highway 249, Houston, TX 77070, and has Channel Sales through Avnet, 12808
`W. Airport Blvd., Suite 350, Sugarland, TX 77478.
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`SMART EXHIBIT 1016 - PAGE - 1
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`Case 4:14-cv-01380 Document 18 Filed in TXSD on 10/14/14 Page 2 of 6
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`JURISDICTION AND VENUE
`This is an action for patent infringement of United States Patent No. 6,243,315
`(hereinafter “The ‘315 Patent”) pursuant to the laws of the United States of
`America as set forth in Title 35 Sections 271 and 281 of the United States Code.
`This court has subject matter jurisdiction over this action pursuant to 28 U.S.C.
`Sec. 1338(a) and 28 U.S.C. Sec. 1331. Venue is proper in this judicial district
`under 28 U.S.C. §§§ 1391(b), (c) and 1400(b).
`On information and belief, Smart Modular is subject to this Court’s specific and
`general personal jurisdiction, pursuant to due process and/or the Texas Long Arm
`Statute, due to at least its business presence in this forum, including the
`infringement alleged herein.
`On information and belief, Smart Modular, directly and/or through intermediaries,
`advertise at least through web sites and other web sites, offers to sell, sold and/or
`distributed its memory products, and/or has induced the sale and use of its
`memory products in this Judicial District. In addition, and on information and
`belief, Smart Modular is subject to the Court’s general jurisdiction, including
`from regularly doing business, or soliciting business, or engaging in other
`persistent courses of conduct, and/or deriving substantial revenue from goods and
`services provided to individuals and businesses in this Judicial District.
`Venue is proper in this district because on information and belief, Smart Modular
`has committed at least a portion of the infringement at issue in this case in this
`Judicial District, and maintains offices in this Judicial District.
`BACKGROUND
`The relevant memory product sold by Smart Modular are within the standards
`established by the JEDEC Solid State Technology Association, 3103 North 10th
`Street, Suite 240-S, Arlington, VA 22201. The standards published by JEDEC
`state: “No claims to be in conformance with this standard may be made unless all
`requirements stated in the standard are met.”
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`SMART EXHIBIT 1016 - PAGE - 2
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`Case 4:14-cv-01380 Document 18 Filed in TXSD on 10/14/14 Page 3 of 6
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`Thus, any memory product identified as being DDR2, DDR3, or DDR4 implies
`that the memory product conforms with the following JEDEC Standards JESD79-
`2F (for DDR2), JESD79-3F(for DDR3), or DESD79-4 (for DDR4), respectively.
`Each of these JEDEC Standard discloses that the memory product has at least two
`banks of memory (which is the equivalent of a plurality of memories), the main
`memory component of each memory product is a volatile memory (SDRAM), and
`each memory product is capable of a power down mode for a bank of memory
`when there is no activity and this power down mode makes the input lines in a
`“don’t care” state so nothing can go into the memory bank in a power down mode
`The “refresh” of the memory components is enabled in the power down mode.
`Smart Modular sells and offers for sale at its web site memory modules DDR2,
`DDR3, and DDR4 for use in this Judicial District for infringing the ‘315 Patent.
`There are no other reasonable non-infringing uses for the aforementioned memory
`modules.
`Smart Modular maintains headquarters in Newark, CA, where new products are
`developed and manufactured; and an R & D Center and Sales offices in Irvine,
`CA. See Exhibit A from the web site of Smart Modular.
`Smart Modular maintains a Smart Memory Test Lab for testing and validating its
`products including memory products such as OEM (original equipment
`manufacturer) and off the shelf memory modules. Testing of memory modules
`require the use of a motherboard or the like to provide controllers to operate a
`memory module under operating conditions. See Exhibit B from the web site of
`Smart Modular showing what looks like computers with monitors and keyboards.
`Smart Modular asserts the sale of memory modules such as DDR2 and DDR3 for
`OEM, replacement, and upgrades for Communications, Computing, Gaming,
`HOC, Industrial, Networking, Printers, Servers, and Storage. In addition, Smart
`Modular states on its web site that it “designs, manufactures, and rigorously tests
`each unit.” The DDR2 and DDR3 are necessary for the operation of the products
`in the aforementioned categories, and the memory modules do not have other
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`Case 4:14-cv-01380 Document 18 Filed in TXSD on 10/14/14 Page 4 of 6
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`reasonable non-infringing uses. See Exhibit C from the web site of Smart
`Modular showing each of the aforementioned categories and identifying DDR2
`and DDR3 memory modules specifically.
`Smart Modular states on its web site in many places that it is a major supplier of
`memory modules to OEM companies; however, its OEM customers are not
`clearly identified. Smart Modular on its web site provides a memory upgrade
`configurator in the form of charts showing the correlation between specific
`companies and suitable memory modules. The charts show the direct correlation
`of OEM numbers and Smart PN for certain companies including Apple, Fujitsu-
`Siemens, HP-Compaq, Lenovo, Toshiba. Gateway, and Toshiba. After discovery
`establishes the OEM’s supplied by Smart Modular, a determination will be made
`if it is appropriate to join additional parties, or sue any of those companies
`separately. See Exhibit D for DDR3 Memory Modules and Exhibit E for DDR2
`Memory Modules from the Smart Modular web site.
`CAUSES OF ACTION FOR PATENT INFRINGEMENT
`On June 5, 2001, the ‘315 Patent entitled “COMPUTER MEMORY SYSTEM
`WITH A LOW POWER MODE”, was duly and legally issued to James B.
`Goodman, as the sole patentee.
`Plaintiff Goodman is the sole owner of the ‘315 Patent, and has standing to bring
`this action.
`Plaintiff Goodman has previously sued on the ‘315 Patent for patent infringement
`and licensed the following companies in the business of computer memory
`products: Alliance, Atmel, Infineon, Intel, Fujitsu, Elpida, Spansion, Hynix, ON
`Semiconductor, Nan Ya, and ISSI. In addition, IBM, Toshiba, Samsung, and
`Sharp are licensed under the ‘315 Patent.
`On information and belief, the DDR2 and DDR3 memory devices operate within a
`computer system including control systems and other subsystems to enable the
`DDR2, and DDR3 memory devices to operate in accordance with Claim 1 of the
`‘315 Patent, thereby making the Smart Modular DDR2 and DDR3 OEM direct
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`Case 4:14-cv-01380 Document 18 Filed in TXSD on 10/14/14 Page 5 of 6
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`infringers after the Smart Modular DDR2 and/or DDR3 is incorporated into an
`operational system.
`DIRECT PATENT INFRINGEMENT
`COUNT ONE
`Plaintiff Goodman repeats and incorporates herein the allegations contained in
`paragraphs 1 through 19 above.
`On information and belief based on the Smart Modular web site, new product and
`development by Smart Modular is conducted at the Corporate Headquarters
`located in Newark, California, and there is an R & D Center in Irvine, California.
`The development and/or testing of memory products including DDR2, DDR3, and
`DDR4 require incorporating such memory products into a computer system or the
`like to generate electrical power and provide controllers, thereby meeting the
`required subsystems set forth in Claim 1 of the ‘315 Patent.
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`Smart Modular directly infringes Claim 1 of the ‘315 Patent at its facilities located
`in Newark, California and possibly other locations in the U.S.A. during the
`development and/or testing of any of the memory products DDR2, DDR3, and/or
`DDR4, and such infringement is essential for Smart Modular to sell reliable
`products.
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`JURY DEMAND
`Pursuant to Fed. R. Civ. P. 38, Plaintiff hereby demands a jury trial as to all issues
`in this lawsuit.
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`PRAYER FOR RELIEF
`WHEREFORE, Plaintiff respectfully requests this Court to:
`a.
`enter judgment for Plaintiff Goodman on this Complaint;
`b.
`order that an accounting be had for the damages caused to the Plaintiff Goodman
`by the infringing activities of the Defendant Smart Modular;
`enter an injunction to prohibit Smart Modular from testing and selling DDR2,
`DDR3, and DDR4;
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`c.
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`Case 4:14-cv-01380 Document 18 Filed in TXSD on 10/14/14 Page 6 of 6
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`d.
`e.
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`award Plaintiff Goodman interest and costs; and
`award Plaintiff Goodman such other and further relief as this Court may deem just
`and equitable.
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`Date: October 14, 2014
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`THE PLAINTIFF
`JAMES B. GOODMAN
`
`/s/ David Fink
`David Fink
`Reg. No. 299869
`Fink & Johnson
`7519 Apache Plume
`Houston, Texas 77071
`713.729.4991 Tel
`713.729.8408 Fax
`Attorney for in Charge for the Plaintiff
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