Case 2:16-cv-01276-JRG-RSP Document 1 Filed 11/16/16 Page 1 of 29 PageID #: 1
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`UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`
`
`Civil Action No. 2:16-cv-1276
`
`
`JURY TRIAL DEMANDED
`
`
`
`
`LONE STAR SILICON INNOVATIONS LLC,
`
`
`Plaintiff,
`
`v.
`
`SEMICONDUCTOR MANUFACTURING
`INTERNATIONAL CORPORATION,
`SEMICONDUCTOR MANUFACTURING
`INTERNATIONAL (SHANGHAI)
`CORPORATION, SEMICONDUCTOR
`MANUFACTURING INTERNATIONAL
`(BEIJING) CORPORATION, and
`SMIC, AMERICAS,
`
`
`Defendants.
`
`
`
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`Plaintiff, Lone Star Silicon Innovations LLC (“Lone Star”), complains against
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`Defendants Semiconductor Manufacturing
`
`International Corporation, Semiconductor
`
`Manufacturing
`
`International
`
`(Shanghai) Corporation, Semiconductor Manufacturing
`
`International (Beijing) Corporation, and SMIC, Americas (individually or collectively
`
`“Defendants”) as follows:
`
`NATURE OF ACTION
`This is an action for patent infringement of United States Patent Nos. 5,973,372;
`
`1.
`
`6,103,611; and 6,388,330 (collectively, the “Patents in Suit”) under the Patent Laws of the
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`United States, 35 U.S.C. § 1, et seq.
`
`RENESAS EXHIBIT 1006
`Renesas v. Lone Star, IPR2017-01869
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`

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`THE PARTIES
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`2.
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`Plaintiff Lone Star is a corporation organized and existing under the laws of the
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`State of Texas with its principal place of business at 8105 Rasor Blvd., Suite 210, Plano, TX
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`75024. Lone Star is in the business of licensing patented technology. Lone Star is the assignee of
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`the Patents in Suit.
`
`3.
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`Defendant Semiconductor Manufacturing International Corporation (“SMIC”) is a
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`corporation organized under the laws of the Cayman Islands, with its principal place of business
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`at 18 Zhangjiang Road, Pudong New Area, Shanghai, 201203, People’s Republic of China.
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`Defendant SMIC conducts business in and is doing business in Texas and in this District and
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`elsewhere in the United States, including, without limitation, using, promoting, offering to sell,
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`importing, and/or selling integrated circuit devices that embody and/or are made using the
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`patented technology, and enabling end-user purchasers to use such devices in this District.
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`4.
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`Defendant Semiconductor Manufacturing International (Shanghai) Corporation
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`(“SMIC Shanghai”) is a corporation organized under the laws of the People’s Republic of China,
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`with its principal place of business at 18 Zhangjiang Road, Pudong New Area, Shanghai,
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`201203, China. Upon information and belief, SMIC Shanghai is a wholly-owned subsidiary of
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`SMIC. Defendant SMIC Shanghai conducts business in and is doing business in Texas and in
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`this District and elsewhere in the United States, including, without limitation, using, promoting,
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`offering to sell, importing, and/or selling integrated circuit devices that embody and/or are made
`
`using the patented technology, and enabling end-user purchasers to use such devices in this
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`District.
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`5.
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`Defendant Semiconductor Manufacturing International (Beijing) Corporation
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`(“SMIC Beijing”) is a corporation organized under the laws of the People’s Republic of China,
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`2
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`with its principal place of business at No. 18 Wenchang Avenue, Economic-Technological
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`Development Area, Beijing 100176, People’s Republic of China. Upon information and belief,
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`SMIC Shanghai is a wholly-owned subsidiary of SMIC. Defendant SMIC Shanghai conducts
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`business in and is doing business in Texas and in this District and elsewhere in the United States,
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`including, without limitation, using, promoting, offering to sell, importing, and/or selling
`
`integrated circuit devices that embody and/or are made using the patented technology, and
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`enabling end-user purchasers to use such devices in this District.
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`6.
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`Defendant SMIC, Americas is a corporation organized under the laws of the State
`
`of California, with its principal place of business at 1732 N 1st Street, Suite 200, San Jose, CA
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`95112. SMIC, Americas’ registered agent for service of process in the State of California is Ada
`
`Feng, located at 1118 Ridgemont Dr., Milpitas, California 95035. SMIC, Americas’ registered
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`agent for service of process in the State of Texas is James Lin, located at 1804 Endicott Drive,
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`Plano, Texas 75025. On information and belief, SMIC, Americas is a wholly-owned subsidiary
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`of SMIC, and is responsible for sales and marketing of SMIC’s integrated circuit devices in
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`North America. Defendant SMIC, Americas conducts business in and is doing business in Texas
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`and in this District and elsewhere in the United States, including, without limitation, using,
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`promoting, offering to sell, importing, and/or selling integrated circuit devices and/or devices
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`that incorporate memory devices that embody the patented technology, and enabling end-user
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`purchasers to use such devices in this District.
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`7.
`
`Upon information and belief, SMIC controls and is the majority owner of SMIC
`
`Shanghai, SMIC Beijing, and SMIC, Americas, and Defendants are joint tortfeasors with one
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`another with respect to the matters alleged herein.
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`JURISDICTION AND VENUE
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`8.
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`This action arises under the Patent Laws of the United States, Title 35 of the
`
`United States Code. This Court has subject matter jurisdiction over this action pursuant to 28
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`U.S.C. §§ 1331 and 1338(a).
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`9.
`
`On information and belief, Defendants are subject to this Court’s specific and
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`general personal jurisdiction pursuant to due process and/or the Texas Long Arm Statute, due at
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`least to their substantial business conducted in this forum, directly and/or through intermediaries,
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`including (i) having solicited business in the State of Texas, transacted business within the State
`
`of Texas and attempted to derive financial benefit from residents of the State of Texas, including
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`benefits directly related to the instant patent infringement causes of action set forth herein; (ii)
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`having placed their products and services into the stream of commerce throughout the United
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`States and having been actively engaged in transacting business in Texas and in this District; and
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`(iii) either alone or in conjunction with others, having committed acts of infringement within
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`Texas and in this District. On information and belief, Defendants, directly and/or through
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`intermediaries, have advertised (including through websites), offered to sell, sold and/or
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`distributed infringing products, and/or have induced the sale and use of infringing products in the
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`United States and in Texas. Each Defendant has, directly or through its distribution network,
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`purposefully and voluntarily placed such products in the stream of commerce knowing and
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`expecting them to be purchased and used by consumers in Texas and in this District. Each
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`Defendant has either committed direct infringement in Texas or committed indirect infringement
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`based on acts of direct infringement in Texas. Further, on information and belief, Defendants are
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`subject to the Court’s general jurisdiction, including from regularly doing or soliciting business,
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`engaging in other persistent courses of conduct, and/or deriving substantial revenue from goods
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`and services provided to individuals in Texas and in this District.
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`10.
`
`On information and belief, Defendants do one or more of the following with
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`integrated circuit devices and/or devices that incorporate such devices that they manufacture: (a)
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`import these devices into the United States for sale to consumers, including consumers in Texas;
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`(b) sell them or offer them for sale in the United States, including to customers in Texas; and/or
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`(c) sell them to customers who incorporate them into products that such customers import, sell or
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`offer for sale in the United States, including in Texas.
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`11.
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`Venue lies in this District pursuant to 28 U.S.C. §§ 1391(b), 1391(c) and 1400(b)
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`because each Defendant is subject to personal jurisdiction in this District, resides in, has
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`regularly conducted business in this District and/or has committed acts of patent infringement in
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`this District. Without limitation, on information and belief, within this District Defendants,
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`directly and/or through intermediaries, have advertised, offered to sell, sold and/or distributed
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`infringing products, and/or have induced the sale and use of infringing products.
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`THE PATENTS IN SUIT
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`12.
`
`On October 26, 1999, U.S. Patent No. 5,973,372 (“the ‘372 patent”), entitled
`
`“Silicided Shallow Junction Transistor Formation And Structure With High And Low
`
`Breakdown Voltages,” a copy of which is attached hereto as Exhibit A, was duly and legally
`
`issued. The ‘372 patent issued from U.S. patent application Serial Number 08/986,283 filed
`
`December 6, 1997, and discloses and relates to the design of and processes for fabricating
`
`semiconductor devices. The inventors assigned all right, title, and interest in the ‘372 patent to
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`Advanced Micro Devices, Inc. (hereinafter “AMD”). AMD assigned its entire right, title, and
`
`interest in the ‘372 patent to Lone Star, and Lone Star is the sole owner of all rights, title, and
`
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`5
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`interest in and to the ‘372 patent including the right to sue for and collect past, present and future
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`damages and to seek and obtain injunctive or any other relief for infringement of the ‘372 patent.
`
`13.
`
`On August 15, 2000, U.S. Patent No. 6,103,611 (“the ‘611 patent”), entitled
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`“Methods And Arrangements For Improved Spacer Formation Within A Semiconductor
`
`Device,” a copy of which is attached hereto as Exhibit B, was duly and legally issued. The ‘611
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`patent issued from U.S. patent application Serial Number 08/993,830 filed December 18, 1997,
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`and discloses and relates to the design of and processes for fabricating semiconductor devices.
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`The inventors assigned all right, title, and interest in the ‘611 patent to AMD. AMD assigned its
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`entire right, title, and interest in the ‘611 patent to Lone Star, and Lone Star is the sole owner of
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`all rights, title, and interest in and to the ‘611 patent including the right to sue for and collect
`
`past, present and future damages and to seek and obtain injunctive or any other relief for
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`infringement of the ‘611 patent.
`
`14.
`
`On May 14, 2002, U.S. Patent No. 6,388,330 (“the ‘330 patent”), entitled “Low
`
`Dielectric Constant Etch Stop Layers In Integrated Circuit Interconnects,” a copy of which is
`
`attached hereto as Exhibit C, was duly and legally issued. The ‘330 patent issued from U.S.
`
`patent application Serial Number 09/776,012 filed February 1, 2001, and discloses and relates to
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`the design of and processes for fabricating semiconductor devices. The inventors assigned all
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`right, title, and interest in the ‘330 patent to AMD. AMD assigned its entire right, title, and
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`interest in the ‘330 patent to Lone Star, and Lone Star is the sole owner of all rights, title, and
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`interest in and to the ‘330 patent including the right to sue for and collect past, present and future
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`damages and to seek and obtain injunctive or any other relief for infringement of the ‘330 patent.
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`DEFENDANTS’ INFRINGING PRODUCTS AND METHODS
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`15.
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`Defendants are in the business of manufacturing semiconductors or integrated
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`circuits for others. Using their own processes and techniques, Defendants make chips to the
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`design specifications of customers in industries such as communications, consumer and
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`computer products, for applications, including for smartphones, wireless communications, tablet
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`PCs, laptops, smart TVs, set top boxes, networking, and solid state memory devices. Defendants
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`publicly represent themselves as one of the leading semiconductor foundries in the world and the
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`largest foundry in mainland China, with an international manufacturing and service base.
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`Defendants own and operate, or control through wholly owned subsidiaries, semiconductor
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`fabrication facilities in Shanghai, Beijing, Tianjin, Shenzhen, Jiangyin, and Italy. Defendants’
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`sales in the U.S. and North America are made through SMIC’s wholly-owned subsidiary SMIC,
`
`Americas.
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`16.
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`Defendants make, use, sell, offer for sale, and/or import into the United States
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`integrated circuit devices for use in devices such as mobile processors, application processors,
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`system on chip (“SoC”) devices, wireless communications devices, Internet-of-Things IC’s and
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`other wirelessly-connected smart devices, mobile baseband processors, storage controllers, solid
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`state drives, and other products incorporating such devices. Defendants’ integrated circuit
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`products are utilized in devices such as smartphones, tablet PCs, laptops, smart TVs, set top
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`boxes, high speed networking devices, solid state memory devices, automotive systems, and
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`other commercial and consumer applications. Upon information and belief, Defendants primarily
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`supply their semiconductor devices in wafer form, knowing and intending that they are further
`
`configured into finished semiconductor products that have been assembled and tested.
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`Defendants’ customers include integrated circuit device companies, such as Qualcomm and
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`Rockchip.
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`17.
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`Defendants have continued to develop and enhance their process technologies to
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`enable the manufacture of semiconductor devices with smaller geometries, allowing the
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`production of more integrated circuit devices per wafer. Defendants market and promote their
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`40-nanometer process node technology as supporting the various design application requirements
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`of their customers who have engaged with Defendants for the design and high-volume
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`production of integrated circuits. Defendants’ 40-nanometer Low Leakage process combines
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`immersion lithography, strain engineering, ultra shallow junction and ultra low-k dielectric
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`technologies for power and performance optimization. Their 40-nanometer process technology
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`enables high performance and low power consumption for applications such as baseband
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`processors, application processors, high definition video processors and other consumer and
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`communication equipment.
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`18.
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`Defendants have also implemented 28-nanometer process technologies for
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`applications that require the highest performance. Their 28nanometer process technology
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`includes Defendants’ PolySiON (“PS”) and gate-last high-k dielectrics metal gate (“HKMG”)
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`platforms. Defendants market the 28-nanometer technology as primarily targeted to mobile
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`computing and consumer electronic related applications, such as smartphones, tablets, TVs, set-
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`top boxes, and networking devices. Defendants’ 28-nanometer process technology offers low-
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`cost solutions to customers with higher processing speeds and logic densities and lower power
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`consumption compared to other technologies.
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`19.
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`Despite not having a license to the ‘611 patent, Defendants have used the
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`fabrication methods claimed therein in making integrated circuit devices using their 28-
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`nanometer 40-nanometer process node technologies. Despite not having a license to the ‘372 or
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`‘330 patents, Defendants’ integrated circuit products made using their 28-nanometer and 40-
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`nanometer process node technologies adopt the designs claimed in these patents.
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`FIRST CAUSE OF ACTION – INFRINGEMENT OF THE ‘372 PATENT
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`20.
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`Plaintiff hereby repeats and re-alleges the allegations contained in paragraphs 1 to
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`19, as if fully set forth herein.
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`21.
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`Defendants, directly and/or through their subsidiaries, affiliates, agents, and/or
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`business partners, have in the past and continue to directly infringe the ‘372 patent, including at
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`least claims 1, 4, 5 and 6, pursuant to 35 U.S.C. § 271(a) by using, selling, offering to sell, and/or
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`importing integrated circuit devices that embody the inventions claimed in the ‘372 patent,
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`within the United States and within this District. In violation of the ‘372 patent, for example,
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`Defendants’ accused integrated circuit devices include: an integrated circuit in and on a silicon
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`substrate having an active region including a field effect transistor with a source and a drain and
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`a gate, all of which a conductive contact is made comprising: a single crystalline silicon substrate
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`with a upper surface region; a shallow junction for each of the source and drain of the transistor
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`underlying said upper surface of the silicon substrate; a metal silicide layer having a lower
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`surface disposed adjacent the shallow junction of each of the source and drain in the silicon
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`substrate and above said upper surface of the silicon substrate; and an epitaxial silicon layer
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`disposed between said upper silicon surface and said lower surface of metal silicide and adjacent
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`the shallow junction of each of the source and drain, whereby the metal silicide does not extend
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`below the upper silicon surface and encroach upon the shallow junction of each of the source and
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`the drain.
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`22.
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`Defendants have been and are engaged in one or more of these direct infringing
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`activities related to their integrated circuit devices having transistors and related structures
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`manufactured using their 40-nanometer process node, a representative example being the
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`integrated circuit devices manufactured for Rockchip for resale as the Rockchip RK3028A SoC
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`product. Defendants’ integrated circuit devices having transistors and related structures
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`manufactured using their 28-nanomater PS process, a representative example being the
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`integrated circuit devices manufactured for Qualcomm for resale as the Qualcomm MSM8916
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`Snapdragon 410 processor, and those made using their HKMG process, are also infringing.
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`23.
`
`On information and belief, integrated circuit devices made using any of the 40-
`
`nanometer, 28-nanometer PS, and 28-nanometer HKMG processes infringe at least claims 1, 4
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`and 6 of the ‘372 patent, and integrated circuit devices made using any of the 40-nanometer and
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`28-nanometer PS processes also infringe at least claim 5 of the ‘372 patent. Such infringing
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`integrated circuits are referred to hereinafter as “the ‘372 Accused Products.”
`
`24.
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`Defendants, directly and/or through their subsidiaries, affiliates, agents, and/or
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`business partners, have been and are now indirectly infringing the ‘372 patent, including at least
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`claims 1, 4, 5 and 6, pursuant to 35 U.S.C. § 271(b) by actively inducing acts of direct
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`infringement performed by others. Defendants have actual notice of the ‘372 patent and the
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`infringement alleged herein at least upon the service of this Complaint. Upon information and
`
`belief, Defendants have numerous lawyers and other active agents of who regularly review
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`patents and published patent applications relevant to technology in the fields of the Patents in
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`Suit, specifically including patents directed to integrated circuit devices issued to competitors
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`such as AMD, the original assignee of the ‘372 patent. Upon information and belief, Defendants
`
`have collectively been issued over 715 patents, including 3 patents prosecuted in the USPTO in
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`the same classifications as the ‘372 patent, giving Defendants intimate knowledge of the art in
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`fields relevant to this civil action. The timing, circumstances, and extent of Defendants obtaining
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`actual knowledge of the ‘372 patent prior to the commencement of this lawsuit will be confirmed
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`during discovery.
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`25.
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`Upon gaining knowledge of the ‘372 patent, it was, or became, apparent to
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`Defendants that the manufacture, sale, importing, offer for sale and use of their ‘372 Accused
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`Products results in infringement of the ‘372 patent. Upon information and belief, Defendants
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`have continued and will continue to engage in activities constituting inducement of infringement,
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`notwithstanding their knowledge, or willful blindness thereto, that the activities they induce
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`result in infringement of the ‘372 patent.
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`26.
`
`The ‘372 Accused Products are intended for integration into products known to be
`
`sold widely in the United States. Defendants make integrated circuit devices that embody the
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`inventions claimed in the ‘372 patent, which devices infringe when they are imported into, or
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`sold, used, or offered for sale in the United States. Defendants indirectly infringe by inducing
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`customers (including fabless design companies) and other downstream parties (such as makers of
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`mobile devices and other devices) to import products that incorporate integrated circuit devices
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`embodying inventions claimed in the ‘372 patent, or to sell or use such products, or offer them
`
`for sale, in the United States. For example, Defendants induce fabless design companies,
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`importers, resellers, and others who purchase or otherwise obtain devices manufactured at
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`Defendants’ overseas facilities to import devices embodying inventions recited in claims of the
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`‘372 patent, or to sell or use such devices, or offer them for sale in the United States without
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`authority.
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`27.
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`Defendants encourage customers, resellers, or others to import into the United
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`States and sell and use in the United States the ‘372 Accused Products embodying inventions
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`claimed in the ‘372 patent with knowledge and the specific intent to cause the acts of direct
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`infringement performed by these third parties. On information and belief, after Defendants
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`obtained knowledge of the ‘372 patent, the ‘372 Accused Products have been and will continue
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`to be imported into the United States and sold in large volumes by themselves and by others,
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`such as customers, distributors, and resellers. Defendants work closely with their customers in
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`the process of finalizing circuit designs and planning for the preparation of masks to be used in
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`the manufacturing process, so that these aspects of the manufacturing process are optimized for
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`Defendants’ process technologies and equipment. Defendants also offer their customers
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`outsourced semiconductor testing/analysis, prototyping, mask services, and technical support
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`services. Defendants are aware that the ‘372 Accused Products are integral components of the
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`products incorporating them, that the infringing integrated circuits are built into the products and
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`cannot be removed or disabled by a purchaser of the products containing the infringing
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`integrated circuit devices, such that Defendants’ customers will infringe one or more claims of
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`the ‘372 patent by incorporating such integrated circuit devices in other products, and that
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`subsequent importation, sale and use of such products in the United States would be a direct
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`infringement of the ‘372 patent. Therefore, Defendants are aware that their customers will
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`infringe one or more claims of the ‘372 patent by selling, offering for sale, importing, and/or
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`using the products supplied by Defendants.
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`28.
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`Defendants directly benefit from and actively and knowingly encourage
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`customers’, resellers’, and users’ importation of these products into the United States and sale
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`and use within the United States. Defendants actively encourage customers, resellers, and
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`downstream users to import, use, and sell in the United States the ‘372 Accused Products that
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`they manufacture and supply, including through advertising, marketing, and sales activities
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`directed at United States sales. On information and belief, Defendants are aware of the size and
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`importance of the United States market for customers of their products, and also distribute or
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`supply these products intended for importation, use, and sale in the United States. Defendants
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`routinely market their infringing integrated circuit products to third parties for inclusion in
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`products that are sold to customers in the United States. Defendant SMIC, Americas provides a
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`direct sales outlet for these products in the United States. Defendants’ marketing efforts show
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`that they have specifically intended to and have induced direct infringement in the United States.
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`29.
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`Defendants have engaged and will continue to engage in additional activities to
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`specifically target the United States market for the ‘372 Accused Products and actively induce
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`manufacturers, importers, resellers, customers, and end users to directly infringe one or more
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`claims of the ‘372 patent in the United States. For example, Defendants have showcased their
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`semiconductor manufacturing capabilities and process technologies at least through written
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`materials distributed in the United States and through the www.smics.com website in an effort to
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`showcase their process technology, manufacturing, testing, and market applications, and to
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`encourage customers to engage Defendants to produce integrated circuits for inclusion in the
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`customers’ devices and products. These materials target fabless design companies and integrated
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`semiconductor device manufacturers and generally companies that make, use, offer to sell, sell,
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`or import in the United States products that use integrated circuit devices such as those made by
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`Defendants. Defendants derive significant revenue by selling the ‘372 Accused Products to third
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`parties who directly infringe the ‘372 patent in the United States.
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`30.
`
`Defendants’ extensive sales and marketing efforts, sales volume, and partnerships
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`all evidence their intent to induce companies to infringe one or more claims of the ‘372 patent
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`by, using, offering to sell, selling, or importing products that incorporate the ‘372 Accused
`
`Products, in the United States. Defendants have had specific intent to induce infringement or
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`have been willfully blind to the direct infringement they are inducing.
`
`31.
`
`Upon information and belief, Defendants have continued and will continue to
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`engage in activities constituting contributory infringement of the ‘372 patent, including at least
`
`claims 1, 4, 5 and 6 pursuant to 35 U.S.C. § 271(c). Defendants contributorily infringe with
`
`knowledge that the ‘372 Accused Products, or the use thereof, infringe the ‘372 patent.
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`Defendants knowingly and intentionally contributed to the direct infringement of the ‘372 patent
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`by others by supplying these integrated circuit devices that embody a material part of the claimed
`
`invention of the ‘372 patent, which are known by the Defendants to be specially made or adapted
`
`for use in an infringing manner. For example, and without limitation, the ‘372 Accused Products
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`are used in various end products, such as computers, networking gear, and mobile telephones.
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`The ‘372 Accused Products are not staple articles or commodities of commerce suitable for non-
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`infringing use and are especially made for or adapted for use in infringing the ‘372 patent. There
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`are no substantial uses of the ‘372 Accused Products that do not infringe the ‘372 patent. By
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`contributing a material part of the infringing computing products sold, offered for sale, imported,
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`and used by their customers, resellers and users, Defendants have been and are now indirectly
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`infringing the ‘372 patent under 35 U.S.C. § 271(c).
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`32.
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`Defendants’ direct and indirect infringement of the ‘372 patent has injured Lone
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`Star, and Lone Star is entitled to recover damages adequate to compensate for such infringement
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`14
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`Case 2:16-cv-01276-JRG-RSP Document 1 Filed 11/16/16 Page 15 of 29 PageID #: 15
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`pursuant to 35 U.S.C. § 284. Unless they cease their infringing activities, Defendants will
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`continue to injure Lone Star by infringing the ‘372 patent.
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`33.
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`On information and belief, Defendants acted egregiously and with willful
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`misconduct in that their actions constituted direct or indirect infringement of a valid patent, and
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`this was either known or so obvious that Defendants should have known about it. Defendants
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`continue to infringe the ‘372 patent by making, using, selling, offering for sale and importing in
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`the United States the ‘372 Accused Products, and to induce the direct infringement of others
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`performing these acts, or they have acted at least in reckless disregard of Lone Star’s patent
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`rights. On information and belief, Defendants will continue their infringement notwithstanding
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`actual knowledge of the ‘372 patent and without a good faith basis to believe that their activities
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`do not infringe any valid claim of the ‘372 patent. All infringement of the ‘372 patent following
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`Defendants’ knowledge of the ‘372 patent is willful and Lone Star is entitled to treble damages
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`and attorneys’ fees and costs incurred in this action under 35 U.S.C. §§ 284 and 285.
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`SECOND CAUSE OF ACTION – INFRINGEMENT OF THE ‘611 PATENT
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`34.
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`Plaintiff hereby repeats and re-alleges the allegations contained in paragraphs 1 to
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`19, as if fully set forth herein.
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`35.
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`Defendants, directly and/or through their subsidiaries, affiliates, agents, and/or
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`business partners, have in the past and continue to directly infringe the ‘611 patent pursuant to 35
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`U.S.C. § 271(g) by importing, using, selling, or offering to sell integrated circuit devices in the
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`United States made using the methods claimed in the ‘611 patent, including at least claims 1, 2,
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`3, 5, 8, 9, 10, 12 and 15. For example, Defendants use, sell, offer for sale, and/or import
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`integrated circuit devices having substantially uniformly sized spacers on transistor gate
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`arrangements within semiconductor devices on a common substrate, and made by practicing the
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`15
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`Case 2:16-cv-01276-JRG-RSP Document 1 Filed 11/16/16 Page 16 of 29 PageID #: 16
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`steps of: (a) forming a plurality of gate arrangements on a top surface of the substrate, wherein
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`two of the plurality of gate arrangements are positioned parallel to one another and separated by
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`a defined space; (b) forming a dielectric layer over at least a portion of the two gate
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`arrangements and at least a portion of the defined space; (c) removing portions of the dielectric
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`layer to form a plurality of spacers, wherein each of the plurality of spacers physically contacts
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`one of the two gate arrangements and the substrate, and wherein the spacers located within the
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`defined space each have a base width that is approximately the same; (d) configuring one of the
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`two gate arrangements to control an electrical current between a source region and a drain region
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`formed in the substrate; and (e) configuring the remaining one of the two transistor gate
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`arrangements to be non-operational. Defendants also use, sell, offer for sale and/or import
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`integrated circuit devices having a controlled with of a spacer in a transistor arrangement, and
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`made by practicing the steps of: (a) forming an operational transistor gate arrangement on a
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`substrate at a first position and a non-operational transistor gate arrangement at a second position
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`on the substrate, such that the operational and non-operational transistor gate arrangements are
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`separated and adjacent to each other with a space therebetween; (b) forming a dielectric layer
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`over at least a portion of the operational and non-operational transistor gate arrangements and
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`within the space; (c) removing portions of the dielectric layer to form a first spacer that
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`physically contacts a sidewall of the operational transistor gate arrangement and the substrate
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`and extends into the space, and a second spacer that physically contacts a sidewall of the non-
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`operational transistor gate arrangement and the substrate and extends into the space, and wherein
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`each of the first and