Case 6:15-cv-00691-JRG Document 1 Filed 07/16/15 Page 1 of 8 PageID #: 1
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`UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TYLER DIVISION
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`Plaintiff,
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`Defendants.
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`Civil Action No. 6:15-cv-691
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`Jury Trial Demanded
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`DSS Technology
`Management, Inc.
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`v.
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`SK Hynix, Inc.;
`SK Hynix America, Inc.;
`SK Hynix Memory Solutions, Inc.;
`Hynix Semiconductor Manufacturing
`America Inc.
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`PLAINTIFF’S ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT
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`Plaintiff DSS Technology Management, Inc., files this Original Complaint for patent
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`infringement under 35 U.S.C. § 271 and alleges as follows:
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`I.
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`THE PARTIES
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`1.
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`Plaintiff DSS Technology Management, Inc. (Plaintiff or “DSS”) is a corporation
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`that maintains offices in Plano, Texas where it engages in product development and marketing
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`efforts.
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`2.
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`Defendant SK Hynix, Inc. (“SK Hynix”) is a company organized and existing
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`under the laws of the country of Korea, with its principal place of business and home office at
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`2091, Gyeongchung-daero, Bubal-eub, Icheon-si, Gyeonggi-do, Korea. SK Hynix is doing
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`business and infringing DSS’s patent in the Eastern District of Texas, elsewhere in Texas, and
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`the United States. Hynix may be served through the Texas Secretary of State.
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`3.
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`Defendant SK Hynix America, Inc. (“SKHA”) is a California corporation, and
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`maintains its principal place of business at 3101 North First Street, San Jose, CA 95134. SKHA
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`Original Complaint for Patent Infringement
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`Petitioner Hynix - HYNIX-1002
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`Case 6:15-cv-00691-JRG Document 1 Filed 07/16/15 Page 2 of 8 PageID #: 2
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`may be served through its registered agent Corporation Service Company d/b/a CSC Lawyers
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`Incorporating Service, located at 2710 Gateway Oaks Drive, Ste. 150N, Sacramento, CA 95833.
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`Upon information and belief, SKHA is a subsidiary of SK Hynix, Inc.
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`4.
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`Defendant SK Hynix Memory Solutions, Inc. (“SKHMS”), is a Delaware
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`Corporation with its principal place of business at 3103 North First Street, San Jose, CA 95134.
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`SKHMS can be served with process by serving its registered agent, Corporation Service
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`Company, located at 2711 Centerville Road, Suite 400, Wilmington, DE 19808. Upon
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`information and belief, SKHMS is a subsidiary of SK Hynix, Inc.
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`5.
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`Hynix Semiconductor Manufacturing America, Inc., (“HSMA”) is a corporation
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`organized and existing under the laws of the state of California, and maintains its principal place
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`of business at 3101 North First Street. San Jose, CA 95134. HSMA may be served with process
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`through its registered agent Corporation Service Company d/b/a CSC Lawyers Incorporating
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`Service, located at 2710 Gateway Oaks Drive, Ste. 150N, Sacramento, CA 95833. Upon
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`information and belief, HSMA is a wholly owned subsidiary of SK Hynix, Inc.
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`6.
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`Defendants, SK Hynix, SKHA, SKHMS, and HSMA are collectively referred to
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`as “SK Hynix.”
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`II.
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`JURISDICTION AND VENUE
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`7.
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`This is a civil action for patent infringement arising under the patent laws of the
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`United States, Title 35, United States Code, including 35 U.S.C. §§ 271 and 281-285.
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`Jurisdiction is conferred on this Court pursuant to 28 U.S.C. §§ 1331 and 1338(a).
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`8.
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`Venue is proper in the Tyler Division of the Eastern District of Texas pursuant to
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`28 U.S.C. §1391 and 28 U.S.C. § 1400(b). Furthermore, venue is proper because Defendants
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`conducts business within this District and/or solicit and establish relationships with entities
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`Original Complaint for Patent Infringement
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`within this District, which include the making, importation, sell, and/or offering for sale of
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`Infringing Products as discussed below. Each act of Defendants’ directly or indirectly infringing
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`conduct in this District gives rise to proper venue.
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`9.
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`This Court has personal jurisdiction over Defendants. Defendants have conducted
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`and do conduct business within the State of Texas. Defendants, directly or through
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`intermediaries (including distributors, retailers, and others), ship, distribute, offer for sale, sell,
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`and advertise products containing semiconductors that infringe the patent claims involved in this
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`action. Such conduct occurs in the United States, the State of Texas, and the Eastern District of
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`Texas. Defendants have purposefully and voluntarily placed one or more of their semiconductor
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`products into the stream of commerce with the expectation that it will be purchased by
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`consumers in the United States, the State of Texas, and the Eastern District of Texas. The
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`Infringing Products have been and continue to be imported into and purchased by consumers in
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`the Eastern District of Texas. Defendants have committed the tort of patent infringement within
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`the United States, the State of Texas and, more particularly, within the Eastern District of Texas.
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`10.
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`Defendants conduct business and have committed acts of patent infringement
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`and/or have induced acts of patent infringement by others in this district, the State of Texas, and
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`elsewhere in the United States. Upon information and belief, Defendants maintain offices in
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`Texas, in at least Austin and Dallas, where Defendants develop, distribute, and market the
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`Infringing Products.
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`11.
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`DSS maintains offices in the Eastern District of Texas, where employees are
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`engaged in marketing and engineering efforts directed toward developing products based on
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`intellectual property, including but not limited, that at issue in this case.
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`Original Complaint for Patent Infringement
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` GENERAL ALLEGATIONS III.
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`12.
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`On August 31, 2004, the United States Patent and Trademark Office duly and
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`legally issued U.S. Patent No. 6,784,552 (“the ’552 Patent”), titled “Structure Having Reduced
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`Lateral Plug Erosion,” to James E. Nulty and Christopher J. Petti. A true and correct copy of the
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`’552 Patent is attached hereto as Exhibit A.
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`13.
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`Plaintiff is the owner by assignment of the ’552 Patent and owns all rights, title,
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`and interest in and to the ’552 Patent, including all rights to sue and recover for past and future
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`infringement.
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`14.
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`Unless enjoined by this Court, SK Hynix will continue to infringe the ’552 Patent.
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`IV.
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`SK HYNIX’S INFRINGEMENT OF THE ’552 PATENT
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`15.
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`Defendants have infringed and continue to infringe, directly, and/or through the
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`inducement of others, the claimed apparatus of the ’552 Patent by making, using, importing,
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`exporting, selling, and/or offering for sale the Infringing Products.
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`16.
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`Plaintiff has been damaged as a result of Defendants’ infringing conduct.
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`Defendants are, therefore, liable to Plaintiff in an amount that adequately compensates Plaintiff
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`for Defendants’ infringement, which, by law, cannot be less than a reasonable royalty, together
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`with interest and costs as fixed by this Court under 35 U.S.C. § 284.
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`17.
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`Defendants, directly or through intermediaries, are liable for infringing one or
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`more claims of the ’552 Patent.
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`18.
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`Defendants have failed to obtain permission from DSS to make, use, offer to sell,
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`sell, or import products embodying the claims in the ’552 Patent.
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`19.
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`SK Hynix has been and is now directly infringing the ’552 Patent by making,
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`using, selling, offering for sale, importing into the United States, and/or exporting the Infringing
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`Original Complaint for Patent Infringement
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`Products, or consumer products that contain Infringing Products, that structurally embody one or
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`more claims of the ’552 Patent. SK Hynix also has been and now is inducing others, such as
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`manufacturers and/or retailers of products incorporating SK Hynix’s infringing semiconductors,
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`to directly infringe one or more claims of the ’552 Patent by using, selling, offering for sale,
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`and/or importing products made by processes embodied in, or that otherwise embody, one or
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`more claims of the ’552 Patent.
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`20.
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`SK Hynix directly or through intermediaries has infringed and continues to
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`infringe (literally and/or under the doctrine of equivalents) one or more claims of the ’552 Patent
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`by making, using, making available for another’s use, offering to license or licensing in the
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`United States, selling or offering to sell, and/or importing the Infringing Products. By way of
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`example only, SK Hynix has directly infringed and continues to infringe, in addition to other
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`claims, at least claim 1 of the ’552 Patent by making, using, selling, and/or offering to sell in the
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`United States, without DSS’s authority, DRAM products, such as the H9TKNNNBPDAR-
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`ARNGH, all made via a 26 nanometer process (the “Infringing Products”). SK Hynix’s
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`infringing activities include importing, offering for sale, and/or selling the Infringing Products in
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`the United States. SK Hynix also infringes the ’552 Patent by selling and offering to sell the
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`Infringing Products directly and via sales representatives, distributors, and resellers to
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`consumers, businesses, distributors, and resellers. SK Hynix’s infringement of the ’552 Patent
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`has caused substantial damage to DSS. SK Hynix’s infringing activities violate at least 35
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`U.S.C. § 271(a).
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`21.
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`SK Hynix directly or through intermediaries has and continues to induce
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`infringement (literally and/or under the doctrine of equivalents) of one or more claims of the
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`’552 Patent. SK Hynix’s deliberate actions include, but are not limited to, actively marketing to,
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`Original Complaint for Patent Infringement
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`encouraging use by, and instructing consumers, businesses, distributors, resellers, sales
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`representatives, to use, promote, market, distribute, and/or sell the Infringing Products. Plaintiff
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`contends that SK Hynix aided, instructed, or otherwise acted with the intent to cause acts by
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`consumers, businesses, distributors, resellers, and sales representatives that would result in direct
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`infringement of the ’552 Patent. At least as to the time of this filing, SK Hynix knew of the ’552
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`Patent, and SK Hynix knows, or at least should know, that SK Hynix’s actions would result in
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`infringement of the ’552 Patent. By way of example only, SK Hynix has induced infringement
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`and continues to induce infringement of, in addition to other claims of, at least claim 1 of the
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`’552 Patent by making, using, selling, and/or offering to sell in the United States, without DSS’s
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`authority, DRAM products, such as the H9TKNNNBPDAR-ARNGH, all made via a 26
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`nanometer process. These actions, individually and collectively, have induced and continue to
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`induce the direct infringement of the ’552 Patent by consumers, businesses, distributors,
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`resellers, and sales representatives. SK Hynix’s infringing activities violate 35 U.S.C. § 271(b).
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`22.
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`SK Hynix, unless restrained and enjoined, will continue to cause, irreparable
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`injury and damages to Plaintiff for which there is no adequate remedy at law. Unless enjoined
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`by this Court, SK Hynix will continue to infringe the ’552 Patent.
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`V.
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`DEMAND FOR A JURY TRIAL
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`23.
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`Pursuant to Rule 38 of the Federal Rules of Civil Procedure, Plaintiff demands a
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`trial by jury on all issues triable of right by a jury.
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`VI.
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`PRAYER FOR RELIEF
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`24. WHEREFORE, Plaintiff requests the following relief:
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`25.
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`A judgment that Defendants have directly infringed the patent-in-suit and/or
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`induced the infringement of the patent-in-suit;
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`Original Complaint for Patent Infringement
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`26.
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`A preliminary and permanent injunction preventing Defendants and their officers,
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`directors, agents, servants, employees, attorneys, licensees, successors, and assigns, and those in
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`active concert or participation with any of them, from directly infringing, and/or inducing the
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`infringement of the patent-in-suit;
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`27.
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`A ruling that this case be found to be exceptional under 35 U.S.C. § 285, and a
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`judgment awarding to Plaintiff its attorneys’ fees incurred in prosecuting this action;
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`28.
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`A judgment and order requiring Defendants to pay Plaintiff damages under 35
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`U.S.C. § 284, including supplemental damages for any continuing post-verdict infringement up
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`until entry of the final judgment, with an accounting, as needed, and enhanced damages for
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`willful infringement as provided by 35 U.S.C. § 284;
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`29.
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`  A judgment and order requiring Defendants to pay Plaintiff the costs of this
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`action (including all disbursements);
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`30.
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`A judgment and order requiring Defendants to pay Plaintiff’s pre-judgment and
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`post-judgment interest on the damages award;
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`31.
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`A judgment and order requiring that in the event a permanent injunction
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`preventing future acts of infringement is not granted, that Plaintiff be awarded a compulsory
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`ongoing licensing fee; and
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`32.
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`Such other and further relief as the Court may deem just and proper.
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`Dated: July 16, 2015
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`Original Complaint for Patent Infringement
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`Case 6:15-cv-00691-JRG Document 1 Filed 07/16/15 Page 8 of 8 PageID #: 8
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`Respectfully submitted,
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`By:
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`Derek Gilliland
`Texas State Bar No. 24007239
`Attorney in Charge
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`Edward Chin
`Texas State Bar No. 50511688
`Christian J. Hurt
`State Bar no. 24084364
`Kirk Voss
`Texas State Bar No. 24075229
`Robert Winn Cutler
`State Bar No. 24084364
`Ross Leonoudakis
`State Bar No. 24087915
`Nix Patterson & Roach, L.L.P.
`5215 N. O’Connor Blvd., Suite 1900
`Irving, Texas 75039
`972.831.1188 (telephone)
`972.444.0716 (facsimile)
`edchin@me.com
`christianhurt@nixlawfirm.com
`kirkvoss@me.com
`winncutler@nixlawfirm.com
`rossl@nixlawfirm.com
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`William E. “Bo” Davis, III
`Texas State Bar No. 24047416
`THE DAVIS FIRM, PC
`222 N. Fredonia St.
`Longview, Texas 75601
`Telephone: 903-230-9090
`Telecopier: 903-230-9661
`Email: bdavis@bdavisfirm.com
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`ATTORNEYS FOR PLAINTIFF DSS
`TECHNOLOGY MANAGEMENT INC.
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`Original Complaint for Patent Infringement
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