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Case 1:14-cv-01480-RGA Document 1 Filed 12/15/14 Page 1 of 10 PageID #: 1
`
`UNITED STATES DISTRICT COURT
`DISTRICT OF DELAWARE
`
`
`
`INNOVATIVE MEMORY SOLUTIONS,
`INC.,
`
`
`
`
`C.A. No.
`
`
`
`JURY TRIAL DEMANDED
`
`
`
`COMPLAINT
`
`Plaintiff,
`
`v.
`
`Defendant.
`
`
`
`
`
`
`
`
`
`
`
`MICRON TECHNOLOGY, INC.,
`
`Innovative Memory Solutions, Inc. (“IMS” or “Plaintiff”) hereby alleges for its
`
`Complaint against Defendant Micron Technology, Inc. (“Micron” or “Defendant”) on personal
`
`knowledge as to its own actions and on information and belief as to the actions of others, as
`
`follows:
`
`NATURE OF THE ACTION
`
`1.
`
`This is a patent infringement action by Innovative Memory Solutions, Inc.
`
`(“IMS”) to end Micron Technology Inc.’s (“Micron,” or “Defendant”) unauthorized and
`
`infringing manufacture, use, sale, offering for sale, and/or importation of products and methods
`
`incorporating IMS’s patented inventions.
`
`2.
`
`IMS holds all substantial rights and interest in the Patents-in-Suit described below,
`
`including the exclusive right to sue Defendant for infringement and recover damages.
`
`3.
`
`Micron makes, uses, sells, offers for sale, and imports infringing products in
`
`violation of the Patents-in-Suit. Plaintiff IMS seeks monetary damages and prejudgment interest
`
`for Micron’s past and on-going infringement of the Patents-in-Suit.
`
`
`
`1
`
`

`
`Case 1:14-cv-01480-RGA Document 1 Filed 12/15/14 Page 2 of 10 PageID #: 2
`
`THE PARTIES
`
`4.
`
`Innovative Memory Solutions, Inc. (“IMS”) is a corporation organized and
`
`existing under the laws of Delaware with its principal place of business at 600 Anton Boulevard,
`
`Suite 1350 Costa Mesa, California 92626.
`
`5.
`
`On information and belief, defendant Micron Technology, Inc. (“Micron,” or
`
`“Defendant”) is a corporation existing and organized under the laws of Delaware and has its
`
`principal place of business at 8000 S. Federal Way, Boise, Idaho 83716.
`
`JURISDICTION AND VENUE
`
`6.
`
`This action for patent infringement arises under the patent laws of the United
`
`States, Title 35 of the United States Code.
`
`7.
`
`This Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331 and
`
`1338(a).
`
`8.
`
`This Court has general and specific personal jurisdiction over defendant Micron.
`
`Micron has substantial contacts with the forum as a consequence of conducting substantial
`
`business in Delaware, and has purposefully availed itself of the benefits and protections of
`
`Delaware state law by incorporating under Delaware law. Micron sells and offers for sale its
`
`products, including products that infringe Plaintiff’s patents, within the state of Delaware,
`
`including to customers in Delaware.
`
`9.
`
`Venue is proper in this District under 28 U.S.C. §§ 1391(b) and (c), and 1400(b)
`
`because Micron is a Delaware corporation, and because Micron has regular and established
`
`practice of business in this District and has committed acts of infringement in this District.
`
`THE ASSERTED PATENTS
`
`10.
`
`On January 2, 2001, the United States Patent and Trademark Office duly and
`
`legally issued U.S. Patent No. 6,169,503 B1 (“the ‘503 Patent”), entitled “Programmable Arrays
`
`2
`
`

`
`Case 1:14-cv-01480-RGA Document 1 Filed 12/15/14 Page 3 of 10 PageID #: 3
`
`for Data Conversions Between Analog and Digital.” A copy of the ‘503 Patent is attached to the
`
`Complaint as Exhibit A.
`
`11.
`
`IMS owns all substantial right, title, and interest in the ‘503 Patent, and holds the
`
`right to sue and recover damages for infringement thereof, including past infringement.
`
`12.
`
`On November 27, 2001, the United States Patent and Trademark Office duly and
`
`legally issued U.S. Patent No. 6,324,537 B1 (“the ‘537 Patent”), entitled “Device, System and
`
`Method For Data Access Control.” A copy of the ‘537 Patent is attached to the Complaint as
`
`Exhibit B.
`
`13.
`
`IMS owns all substantial right, title, and interest in the ‘537 Patent, and holds the
`
`right to sue and recover damages for infringement thereof, including past infringement.
`
`14.
`
`On May 31, 2005, the United States Patent and Trademark Office duly and legally
`
`issued U.S. Patent No. 6,901,498 B2 (“the ‘498 Patent”), entitled “Zone Boundary Adjustment
`
`for Defects in Non-Volatile Memories.” A copy of the ‘498 Patent is attached to the Complaint
`
`as Exhibit C.
`
`15.
`
`IMS owns all substantial right, title, and interest in the ‘498 Patent, and holds the
`
`right to sue and recover damages for infringement thereof, including past infringement.
`
`16.
`
`On February 14, 2006, the United States Patent and Trademark Office duly and
`
`legally issued U.S. Patent No. 7,000,063 B2 (“the ‘063 Patent”), entitled “Write-Many Memory
`
`Device and Method for Limiting a Number of Writes to the Write-Many Memory Device.” A
`
`copy of the ‘063 Patent is attached to the Complaint as Exhibit D.
`
`17.
`
`IMS owns all substantial right, title, and interest in the ‘063 Patent, and holds the
`
`right to sue and recover damages for infringement thereof, including past infringement.
`
`3
`
`

`
`Case 1:14-cv-01480-RGA Document 1 Filed 12/15/14 Page 4 of 10 PageID #: 4
`
`18.
`
`On May 16, 2006, the United States Patent and Trademark Office duly and legally
`
`issued U.S. Patent No. 7,045,849 B2 (“the ‘849 Patent”), entitled “Use of Voids Between
`
`Elements in Semiconductor Structures for Isolation.” A copy of the ‘849 Patent is attached to
`
`the Complaint as Exhibit E.
`
`19.
`
`IMS owns all substantial right, title, and interest in the ‘849 Patent, and holds the
`
`right to sue and recover damages for infringement thereof, including past infringement.
`
`20.
`
`On August 1, 2006, the United States Patent and Trademark Office duly and
`
`legally issued U.S. Patent No. 7,085,159 B2 (“the ‘159 Patent”), entitled “Highly Compact Non-
`
`Volatile Memory and Method Therefor with Internal Serial Buses.” A copy of the ‘159 Patent is
`
`attached to the complaint as Exhibit F.
`
`21.
`
`IMS owns all substantial right, title, and interest in the ‘159 Patent, and holds the
`
`right to sue and recover damages for infringement thereof, including past infringement.
`
`22.
`
`On February 24, 2009, the United States Patent and Trademark office duly and
`
`legally issued U.S. Patent No. 7,495,953 B2 (“the ‘953 Patent”), entitled “System for
`
`Configuring Compensation.” A copy of the ‘953 Patent is attached to the complaint as Exhibit G.
`
`23.
`
`IMS owns all substantial right, title, and interest in the ‘953 Patent, and holds the
`
`right to sue and recover damages for infringement thereof, including past infringement.
`
`24.
`
`On February 8, 2011, the United States Patent and Trademark Office duly and
`
`legally issued U.S. Patent No. 7,886,212 B2 (“the ‘212 Patent”), entitled “NAND Flash Memory
`
`Controller Exporting a NAND Interface.” A copy of the ‘212 Patent is attached to the Complaint
`
`as Exhibit H.
`
`25.
`
`IMS owns all substantial right, title, and interest in the ‘212 Patent, and holds the
`
`right to sue and recover damages for infringement thereof, including past infringement.
`
`4
`
`

`
`Case 1:14-cv-01480-RGA Document 1 Filed 12/15/14 Page 5 of 10 PageID #: 5
`
`26.
`
`Defendant provides to its customers, including customers in this district, non-
`
`volatile flash memory products.
`
`COUNT I AGAINST MICRON:
`
`INFRINGEMENT OF U.S. PATENT NO. 6,169,503
`
`27.
`
`28.
`
`IMS incorporates and realleges paragraphs 1-26 above as if fully set forth herein.
`
`On information and belief, Micron has and continues to infringe one or more
`
`claims of the `503 Patent pursuant to 35 U.S.C. § 271(a), literally or under the doctrine of
`
`equivalents, by making, using, selling, and/or offering to sell in the United States without
`
`authority and/or importing into the United States without authority, flash memory products,
`
`devices, systems, and/or components of systems that include the claimed apparatus for data
`
`conversion between analog and digital, including, but not limited to, Micron’s 64 Gb and 128 Gb
`
`TLC NAND Flash Memory Products and hardware and software and other infrastructure that
`
`enable and/or make use of these products.
`
`29.
`
`IMS has suffered damages as a result of Micron’s infringement of the ‘503 Patent.
`
`COUNT II AGAINST MICRON:
`
`INFRINGEMENT OF U.S. PATENT NO. 6,324,537
`
`30.
`
`31.
`
`IMS incorporates and realleges paragraphs 1-26 above as if fully set forth herein.
`
`On information and belief, Micron has and continues to infringe one or more
`
`claims of the ‘537 Patent pursuant to 35 U.S.C. § 271(a), literally or under the doctrine of
`
`equivalents, by making, using, selling, and/or offering to sell in the United States without
`
`authority and/or importing into the United States without authority, flash memory products,
`
`devices, systems, and/or components of systems that control access to stored data, including but
`
`not limited to products that include One-Time Programming capability such as Micron’s 64Gb,
`
`5
`
`

`
`Case 1:14-cv-01480-RGA Document 1 Filed 12/15/14 Page 6 of 10 PageID #: 6
`
`128Gb, and 512Gb Asynchronous/Synchronous NAND Flash Memory Products and hardware
`
`and software and other infrastructure that enable and/or make use of these products.
`
`32.
`
`IMS has suffered damages as a result of Micron’s infringement of the `537 Patent.
`
`COUNT III AGAINST MICRON:
`
`INFRINGEMENT OF U.S. PATENT NO. 6,901,498
`
`33.
`
`34.
`
`IMS incorporates and realleges paragraphs 1-26 above as if fully set forth herein.
`
`On information and belief, Micron has and continues to infringe one or more
`
`claims of the `498 Patent pursuant to 35 U.S.C. § 271(a), literally or under the doctrine of
`
`equivalents, by making, using, selling, and/or offering to sell in the United States without
`
`authority and/or importing into the United States without authority, flash memory products,
`
`devices, systems, and/or components of systems that include the claimed non-volatile memory
`
`systems organized into logical zones, and/or performing the claimed methods in connection with
`
`such products including, but not limited to, Micron’s Solid State Drives (“SSDs”) with
`
`Redundant Array of Independent NAND (“R.A.I.N.”) Products (including the Micron P420m
`
`SSD) and hardware and software and other infrastructure that enable and/or make use of these
`
`products.
`
`35.
`
`IMS has suffered damages as a result of Micron’s infringement of the `498 Patent.
`
`COUNT IV AGAINST MICRON:
`
`INFRINGEMENT OF U.S. PATENT NO. 7,000,063
`
`36.
`
`37.
`
`IMS incorporates and realleges paragraphs 1-26 above as if fully set forth herein.
`
`On information and belief, Micron has and continues to infringe one or more
`
`claims of the `063 Patent pursuant to 35 U.S.C. § 271(a), literally or under the doctrine of
`
`equivalents, by making, using, selling, and/or offering to sell in the United States without
`
`authority and/or importing into the United States without authority, flash memory products,
`
`6
`
`

`
`Case 1:14-cv-01480-RGA Document 1 Filed 12/15/14 Page 7 of 10 PageID #: 7
`
`devices, systems, and/or components of systems and methods that limit the number of writes to a
`
`region of a write-many device, including but not limited to products that include One-Time
`
`Programming
`
`capability
`
`such
`
`as Micron’s 64Gb, 128Gb, 256Gb,
`
`and 512Gb
`
`Asynchronous/Synchronous NAND Flash Memory Products and hardware and software and
`
`other infrastructure that enable and/or make use of these products.
`
`38.
`
`IMS has suffered damages as a result of Micron’s infringement of the `063 Patent.
`
`COUNT V AGAINST MICRON:
`
`INFRINGEMENT OF U.S. PATENT NO. 7,045,849
`
`39.
`
`40.
`
`IMS incorporates and realleges paragraphs 1-26 above as if fully set forth herein.
`
`On information and belief, Micron has and continues to infringe one or more
`
`claims of the `849 Patent pursuant to 35 U.S.C. § 271(a), literally or under the doctrine of
`
`equivalents, by making, using, selling, and/or offering to sell in the United States without
`
`authority and/or importing into the United States without authority, flash memory products,
`
`devices, systems, and/or components of systems that include memory cell arrays with gas-filled
`
`voids between adjacent charge storage elements, including, but not limited to, Micron’s 16nm,
`
`20nm, 25nm, and 34nm NAND Flash Memory Products and hardware components and other
`
`infrastructure that enable and/or make use of these products.
`
`41.
`
`IMS has suffered damages as a result of Micron’s infringement of the `849 Patent.
`
`COUNT VI AGAINST MICRON:
`INFRINGEMENT OF U.S. PATENT NO. 7,085,159
`
`42.
`
`43.
`
`IMS incorporates and realleges paragraphs 1-26 above as if fully set forth herein.
`
`On information and belief, Micron has and continues to infringe one of more
`
`claims of the `159 Patent pursuant to 35. U.S.C. § 271(a), literally or under the doctrine of
`
`equivalents, by making, using, selling, and/or offering to sell in the United States without
`
`7
`
`

`
`Case 1:14-cv-01480-RGA Document 1 Filed 12/15/14 Page 8 of 10 PageID #: 8
`
`authority and/or importing into the United States without authority, flash memory products,
`
`devices, systems, and/or components of systems that include the claimed memory device,
`
`including, but not limited to, Micron’s 64Gb ClearNAND Flash Memory Products and hardware
`
`and software components and other infrastructure that enable and/or make use of these products.
`
`44.
`
`IMS has suffered damages as a result of Micron’s infringement of the `159 Patent.
`
`COUNT VII AGAINST MICRON:
`INFRINGEMENT OF U.S. PATENT NO. 7,495,953
`
`45.
`
`46.
`
`IMS incorporates and realleges paragraphs 1-26 above as if fully set forth herein.
`
`On information and belief, Micron has and continues to infringe one or more
`
`claims of the `953 Patent pursuant to 35 U.S.C. § 271(a), literally or under the doctrine of
`
`equivalents, by making, using, selling, and/or offering to sell in the United States without
`
`authority and/or importing into the United States without authority, flash memory products,
`
`devices, systems, and/or components of systems that include the claimed non-volatile storage
`
`systems with compensation for floating gate coupling, including, but not limited to, Micron’s
`
`64Gb and 128Gb TLC NAND Flash Memory Products and hardware and software and other
`
`infrastructure that enable and/or make use of these products.
`
`47.
`
`IMS has suffered damages as a result of Micron’s infringement of the `953 Patent.
`
`COUNT VIII AGAINST MICRON:
`INFRINGEMENT OF U.S. PATENT NO. 7,886,212
`
`48.
`
`49.
`
`IMS incorporates and realleges paragraphs 1-26 above as if fully set forth herein.
`
`On information and belief, Micron has and continues to infringe one or more
`
`claims of the `212 Patent pursuant to 35 U.S.C. § 271(a), literally or under the doctrine of
`
`equivalents, by making, using, selling, and/or offering to sell in the United States without
`
`authority and/or importing into the United States without authority flash memory products,
`
`8
`
`

`
`Case 1:14-cv-01480-RGA Document 1 Filed 12/15/14 Page 9 of 10 PageID #: 9
`
`devices, systems, and/or components of systems that include the claimed controller for
`
`interfacing between a host device and a flash memory device, including, but not limited to,
`
`Micron’s 64Gb ClearNAND Flash Memory Products and hardware and software components
`
`and other infrastructure that enable and/or make use of these products.
`
`50.
`
`IMS has suffered damages as a result of Micron’s infringement of the `212 Patent.
`
`PRAYER FOR RELIEF
`
`51.
`
`IMS respectfully prays for relief as follows:
`
`a) A judgment that Micron has infringed and continues to infringe one or more
`
`claims of the Asserted Patents;
`
`b) A judgment awarding IMS all damages adequate to compensate for Micron’s
`
`infringement, and in no event less than a reasonable royalty for Micron’s acts of
`
`infringement, including all pre-judgment and post-judgment interest at the maximum rate
`
`allowed by law; and
`
`c) A judgment awarding IMS such other relief as the Court may deem just and
`
`equitable.
`
`DEMAND FOR JURY TRIAL
`
`
`
`Pursuant to Rule 38(b) of the Federal Rules of Civil Procedure, Plaintiff IMS
`
`demands a trial by jury in this action.
`
`
`
`9
`
`

`
`Case 1:14-cv-01480-RGA Document 1 Filed 12/15/14 Page 10 of 10 PageID #: 10
`
`Respectfully submitted,
`
`FARNAN LLP
`
`
`/s/ Brian E. Farnan
`Brian E. Farnan (Bar No. 4089)
`Michael J. Farnan (Bar No. 5165)
`919 North Market Street, 12th Floor
`Wilmington, DE 19801
`Telephone: 302-777-0300
`Facsimile: 302-777-0301
`bfarnan@farnanlaw.com
` mfarnan@farnanlaw.com
`
`
`
`
`
`Attorneys for Plaintiff Innovative Memory
`Solutions, Inc.
`
`Date: December 15, 2014
`
`
`
`Of Counsel:
`
`Matthew D. Powers
`Steven S. Cherensky
`William P. Nelson
`Sam Y. Kim
`Natasha M. Saputo
`TENSEGRITY LAW GROUP, LLP
`555 Twin Dolphin Drive, Suite 360
`Redwood Shores, CA 94065
`Telephone:
`(650) 802-6000
`Facsimile:
`(650) 802-6001
`matthew.powers@tensegritylawgroup.com
`steven.cherensky@tensegritylawgroup.com
`william.nelson@tensegritylawgroup.com
`sam.kim@tensegritylawgroup.com
`natasha.saputo@tensegritylawgroup.com
`
`
`10

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