Case 6:20-cv-00634-ADA Document 1 Filed 07/14/20 Page 1 of 25
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`IN THE UNITED STATES DISTRICT COURT
`
`FOR THE WESTERN DISTRICT OF TEXAS
`
`WACO DIVISION
`
`DEMARAY LLC,
`
`Plaintiff,
`
`v.
`INTEL CORPORATION,
`Defendant.
`
`6:20-cv-00634
`Case No. ______________________
`
`JURY TRIAL DEMANDED
`
`DEMARAY LLC’S COMPLAINT
`FOR INFRINGEMENT OF U.S. PATENT NOS. 7,544,276 AND 7,381,657
`
`Plaintiff Demaray LLC (“Demaray”), by and through its undersigned counsel, pleads the
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`following against Intel Corporation (“Intel”) and alleges as follows:
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`THE PARTIES
`
`1.
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`Dr. Richard Ernest Demaray, a named inventor on both of the patents at issue in
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`this case, has been working in and with the semiconductor industry for more than forty years. Dr.
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`Demaray began his training in chemical physics, studying ultraviolet photoconductivity of
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`materials. His doctoral work focused on cross-supersonic molecular and atomic beams with which
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`he demonstrated lossless conversion of molecular vibration to light in vacuum. During his post-
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`doctoral fellowship, he designed and built some of the first pulsed xcimer laser driven tunable dye
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`lasers for resonant multiphoton photoionization in the cooled beam. That work became
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`instrumental to understanding the photo-physics of the high lying states of small and aromatic
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`molecules.
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`APPLIED MATERIALS EXHIBIT 1075
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`Case 6:20-cv-00634-ADA Document 1 Filed 07/14/20 Page 2 of 25
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`2.
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`Much of Dr. Demaray’s work in industry has involved advances in thin film
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`technology. In the 1980s, he worked as a senior physicist at BOC Group on electron beam
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`evaporation technology used to deposit thermal barrier coatings. His work on adherent electron
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`beam evaporation
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`thermal barrier coatings revolutionized high-temperature
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`jet engine
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`performance, efficiency and longevity. Dr. Demaray’s zirconia coatings are in worldwide
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`production today on military, commercial and power generation turbine hot section blades and
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`vanes. Later that decade and continuing into the early 1990s, Dr. Demaray worked at Varian
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`Associates. He served as Varian’s R&D Director for thin film systems, and developed full-face
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`erosion and sputter physical vapor deposition technology now used extensively in semiconductor
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`manufacturing worldwide. In the late 1990s, he helped form Applied Komatsu, where he served
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`as General Manager of the PVD division and developed wide-area magnetron sputter machines.
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`Thereafter, he managed several additional companies in the thin film space, including
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`Symmorphix Inc., where he served as Chief Technology Officer and Chairman of the Board.
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`3.
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`After serving in senior management roles at some of the more prominent companies
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`in the industry, he founded Demaray in order to focus on research, development, and
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`commercialization of new product applications based on technologies he had developed, including
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`technologies protected by the patents at issue in this case. Much of that work—which remains
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`ongoing—relates to the production of low-defect thin films for advanced electronic devices. In
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`the course of his work, Dr. Demaray discovered that his patented technology was being used by
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`Intel, without authorization, to manufacture thin films in Intel electronic devices with which Intel
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`is generating many tens of billions of dollars per year.
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`4.
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`Demaray is a Delaware limited liability company duly organized and existing under
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`the laws of the State of Delaware. The address of the registered office of Demaray is 9 East
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`Loockerman Street, Suite 202, Dover, DE 19901. The name of Demaray’s registered agent at that
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`address is Spiegel & Utrera, P.A.
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`5.
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`Demaray is the assignee and owns all right, title, and interest to U.S. Patent Nos.
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`7,544,276 (“the ’276 Patent”) and 7,381,657 (“the ’657 Patent”) (collectively, the “Asserted
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`Patents”). A true and correct copy of the ’276 Patent is attached hereto as Exhibit 1. A true and
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`correct copy of the ’657 Patent is attached hereto as Exhibit 2.
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`6.
`
`On information and belief, Defendant Intel is a corporation duly organized and
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`existing under the laws of the State of Delaware, having a regular and established place of business
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`in the Western District of Texas, including at 1300 South Mopac Expressway, Austin, Texas
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`78746.1
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`JURISDICTION AND VENUE
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`7.
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`This is an action arising under the patent laws of the United States, 35 U.S.C. § 1
`
`et seq. Accordingly, this Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331 and
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`1338(a).
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`8.
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`Intel is subject to this Court’s specific and general personal jurisdiction consistent
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`with the principles of due process and/or the Texas Long Arm Statute.
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`9.
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`Personal jurisdiction exists generally over Intel because Intel has sufficient
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`minimum contacts with the forum as a result of business conducted within the State of Texas and
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`the Western District of Texas and/or has engaged in continuous and systematic activities in the
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`Western District of Texas, and Intel is registered with the Secretary of State to do business in the
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`State of Texas. Personal jurisdiction also exists over Intel because it makes, uses, sells, offers for
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`1 https://www.intel.com/content/www/us/en/location/usa.html;
`https://www.intel.com/content/www/us/en/corporate-responsibility/intel-in-texas.html.
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`sale, imports, advertises, makes available, and/or markets products or processes within the State
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`of Texas and the Western District of Texas that infringe one or more claims of the Asserted Patents,
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`as alleged more particularly below.
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`10.
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`Venue in this District is proper under 28 U.S.C. §§ 1400(b) and 1391(b) and (c)
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`because Intel is subject to personal jurisdiction in this District and has committed acts of
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`infringement in this District. Intel makes, uses, sells, and/or offers to sell infringing products or
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`processes within this District, has a continuing presence within the District, and has the requisite
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`minimum contacts with the District such that this venue is a fair and reasonable one. Upon
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`information and belief, Intel has transacted, and at the time of the filing of the Complaint, is
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`continuing to transact business within this District.
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`TECHNOLOGY BACKGROUND
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`11.
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`Semiconductor devices are generally manufactured using a series of process steps
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`applied to a substrate. A particularly important portion of typical semiconductor manufacturing
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`processes involves the deposition of thin films used to form structures in the final product. One
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`of the most practical and effective approaches to thin film deposition used to make modern
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`semiconductor devices, and which is often used a dozen or more times in manufacturing even a
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`single semiconductor product, is called “magnetron sputtering.”
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`12. Magnetron sputtering is a physical vapor deposition (“PVD”) technique. It can be
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`carried out in a reactor that applies power to a target, e.g., a metal such as tantalum (Ta) or
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`titanium (Ti), to deposit a thin film onto a substrate, e.g., silicon.
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`13. Magnetron sputtering, as practiced in modern commercial operations, generally
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`involves the use of magnets behind the negative cathode in the reactor to create magnetic and
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`electrical fields superimposed on the metal target. See also, e.g., Ex. 1 at 8:38-60. An inert gas,
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`e.g., argon, can be introduced into the chamber to create a magnetically confined ionized plasma.
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`The plasma may be located near the surface of the metal target such that the positively charged
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`plasma ions collide with the negatively charged metal target material ejecting atoms from the metal
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`target, which then deposit on the substrate. See also, e.g., id. at 5:24-27.
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`14.
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`One form of magnetron sputtering is bias pulsed DC (“BPDC”) sputtering. As that
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`process is practiced in semiconductor industry today, a DC power supply that provides alternating
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`negative and positive voltages is generally applied to the metal target while an RF voltage is
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`generally applied to the substrate. See also, e.g., id. at 2:45-3:7, 5:60-67.
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`15.
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`Reactive magnetron sputtering (“RMS”), as used currently for industrial scale
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`semiconductor fabrication, generally includes the addition of a reactive gas, e.g., nitrogen, as a
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`process gas while sputtering from a metal target. See also, e.g., id. at 8:61-67. As an example,
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`RMS using nitrogen gas can be used for depositing dielectric barrier layers of tantalum nitride
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`(TaN) or titanium nitride (TiN) for copper interconnects on silicon wafers for semiconductor
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`devices. BPDC sputtering systems are now being used for RMS sputtering.
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`FIRST CLAIM
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`(Infringement of U.S. Patent No. 7,544,276)
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`16.
`
`Demaray re-alleges and incorporates herein by reference Paragraphs 1-15 of its
`
`Complaint.
`
`17.
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`The ’276 Patent, entitled “Biased pulse DC reactive sputtering of oxide films,” was
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`duly and lawfully issued on June 9, 2009. Ex. 1.
`
`18.
`
`The ’276 Patent names Hongmei Zhang, Mukundan Narasimhan, Ravi B.
`
`Mullapudi, and Richard E. Demaray as co-inventors.
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`19.
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`The ’276 Patent has been in full force and effect since its issuance. Demaray owns
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`by assignment the entire right, title, and interest in and to the ’276 Patent, including the right to
`
`seek damages for past, current, and future infringement thereof.
`
`20.
`
`The ’276 Patent relates generally to a configuration of a reactor for deposition of
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`thin films “by pulsed DC reactive sputtering,” which, in certain implementations, uses “a pulsed
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`DC power supply providing alternating negative and positive voltages to the target” and “a narrow
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`band-rejection filter” coupled between the pulsed DC power supply and a target area that receives
`
`a metal target to provide high quality deposition layers. See, e.g., Ex. 1 at 1:12-14.
`
`21.
`
`The ’276 Patent also describes, among other things, “a substrate electrode coupled
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`to an RF power supply. A substrate mounted on the substrate electrode is therefore supplied with
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`a bias from the RF power supply.” Id. at 2:45-53.
`
`22.
`
`Demaray is informed and believes, and thereon alleges, that Intel has infringed, and
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`unless enjoined will continue to infringe, one or more claims of the ’276 Patent, in violation of 35
`
`U.S.C. § 271, by, among other things, (1) making, using, offering to sell, and selling within the
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`United States, supplying or causing to be supplied in or from the United States, and/or importing
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`into the United States, without authority or license, semiconductor manufacturing equipment
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`including reactive magnetron sputtering reactors configured as described in the claims of the ’276
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`Patent; and/or (2) supplying or causing to be supplied in or from the United States (a) all or a
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`substantial portion of the components of semiconductor manufacturing equipment including
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`reactive magnetron sputtering reactors configured as described in the claims of the ’276 Patent in
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`such manner as to actively induce the combination of such components outside of the United States
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`in a manner that would infringe the ’276 Patent if such combination occurred within the United
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`States, and/or (b) a component of semiconductor manufacturing equipment including reactive
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`magnetron sputtering reactors configured as described in the claims of the ’276 Patent that is
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`especially made or especially adapted for use in the invention and not a staple article or commodity
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`of commerce suitable for substantial noninfringing use, where such component is uncombined in
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`whole or in part, and Intel knows that such component is so made or adapted and intends that such
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`component will be combined outside of the United States in a manner that would infringe the ’276
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`patent if such combination occurred within the United States.
`
`23.
`
`For example, the accused products for the ’276 Patent embody every limitation of
`
`claims of the ’276 Patent, literally or under the doctrine of equivalents, including as set forth in
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`the illustrative example below. The further descriptions below are preliminary examples and are
`
`non-limiting.
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`[“1. A reactor according to the present invention, comprising:”]
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`24.
`
`On information and belief, Intel uses infringing RMS reactors (“Intel RMS
`
`reactors”) according to the claims of the ’276 Patent in the production of its semiconductor
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`products at its semiconductor fabrication plants and research facilities, including but not limited
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`to premises within the United States.
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`25.
`
`As an example, on information and belief, Intel configures RMS reactors,
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`including, but not limited to reactors in the Endura product line from Applied Materials, Inc.
`
`(“Applied Materials”) for deposition of layers (including, e.g., metal nitride layers, such as, for
`
`instance, TaN barrier layers and/or TiN hardmask layers) in its semiconductor products. Intel has
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`identified Applied Materials as a Preferred Quality Supplier.2 On information and belief, these
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`reactors can be modified with application-specific process kits to deposit specific materials. The
`
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`2 http://www.appliedmaterials.com/company/news/press-releases/2019/03/applied-
`materials-receives-intel%E2%80%99s-preferred-quality-supplier-award.
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`Endura product line includes reactors that can be configured for deposition of TaN layers (e.g.,
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`CuBS RFX PVD with the Encore II Ta(N) barrier chamber) and TiN layers (e.g., Cirrus ionized
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`PVD chamber). A true and correct copy of a brochure for the Endura product line is attached as
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`Exhibit 3. A true and correct copy of an article from the Nanochip Technical Journal regarding
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`TaN deposition chambers is attached as Exhibit 4.3 A true and correct copy of a presentation on
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`the Cirrus TiN deposition chambers is attached as Exhibit 5.4 An example image of an Endura
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`CuBS RFX PVD is shown below:5
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`
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`26.
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`As an example, on information and belief, Intel has configured, or causes to be
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`configured, and uses and/or has used infringing Intel RMS reactors for TaN barrier layer deposition
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`with its copper interconnects in the fabrication of its processors, including but not limited to its
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`Broadwell Processors. On information and belief, for example, Intel has configured, or causes to
`
`
`3 https://www.appliedmaterials.com/files/nanochip-
`journals/nanochiptechjournal_vol6_issue2.pdf#page=45.
`4
`http://www.appliedmaterials.com/files/pdf_documents/cirrus_htx_pvd_techncial_briefing.pdf.
`5 http://www.appliedmaterials.com/products/endura-cubs-rfx-pvd.
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`Case 6:20-cv—00634—ADA Document 1 Filed 07/14/20 Page 9 of 25
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`be configured, and uses infringing Intel RMS reactors in the fabrication of TaN barrier layers in
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`its Core M 5Y70/5Y10 l4nm Gen 2 Broadwell Processors. An example of copper interconnects
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`with metal nitride barrier layers in Intel 14nm Broadwell Processors is shown below:‘
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`
`
`III-ULIIIII .1L.‘ul.ll’....di.l'.llJ-.'.u-_
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`[“a target area for receiving a target;”]
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`27.
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`The Intel RMS reactors comprise a target area for receiving a target.
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`28.
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`For example, for Intel RMS reactors, “[i]n PVD, the target is the source of the
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`material to be deposited. Atoms are ejected from the target as a result of the bombardment of
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`energetic particles.“ In Intel RMS reactors for depositing TaN, tantalum is the source material
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`(i. e., the metal target). See Ex. 3 at 4 (Cu barrier reactor for TaN). The reactors include a target
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`area (indicated as “target” in the image below) for receiving the tantalum:
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`‘5 https://www.intel.com/content/dam/www/public/us/en/d0cuments/technology—
`briefs/bohr-l4nm-idf-2014-brief.pdf.
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`7 https ://www.appliedmaterials.com/resources/glossary.
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`Ex. 4 at 42 (Fig. 1).
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`
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`29.
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`An example of the target and target area in a RMS reactor is shown below:
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`
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`[“a substrate area opposite the target area for receiving a substrate;”]
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`30.
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`The Intel RMS reactors comprise a substrate area opposite the target area for
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`receiving a substrate.
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`31.
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`For example, for Intel RMS reactors a substrate is “[t]he material upon which thin
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`films are manipulated. Silicon is most commonly used for semiconductors ….”8 The substrate in
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`a RMS reactor for deposition of a TaN barrier layer in the Broadwell Processors, for instance, is a
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`8 https://www.appliedmaterials.com/resources/glossary.
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`Case 6:20-cv-00634-ADA Document 1 Filed 07/14/20 Page 11 of 25
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`silicon wafer. A substrate area is opposite the target area for receiving the silicon substrates
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`(indicated as “wafer”) as illustrated below:
`
`See Ex. 4 at 42 (Fig. 1).
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`
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`32.
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`The substrate area in a RMS reactor is shown below:
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`[“a pulsed DC power supply coupled to the target area, the pulsed DC power supply
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`providing alternating negative and positive voltages to the target;”]
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`33.
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`On information and belief, Intel configures, or causes to be configured, the Intel
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`RMS reactors such that they comprise a pulsed DC power supply coupled to the target area, and
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`the pulsed DC power supply provides alternating negative and positive voltages to the target.
`
`34.
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`For example, on information and belief, in the Intel RMS reactors a power source
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`is coupled to the target area as illustrated below:
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`See Ex. 4 at 42 (Fig. 1).
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`
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`35.
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`The presence of a DC power unit in a reactor for RMS deposition (e.g., TaN when
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`using a tantalum target and a process gas that includes nitrogen) is illustrated below:
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`See Ex. 5 at 9 (“DC” power supply in 1st generation iPVD products). The presence of a pulsed
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`DC power unit in a reactor configured for RMS deposition (e.g., TaN, when using a tantalum
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`target and a process gas that includes nitrogen) is shown below:
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`Case 6:20-cv-00634-ADA Document 1 Filed 07/14/20 Page 13 of 25
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`
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`[“an RF bias power supply coupled to the substrate;”]
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`36.
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`On information and belief, Intel configures, or causes to be configured, the Intel
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`RMS reactors such that they comprise an RF bias power supply coupled to the substrate.
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`37.
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`For example, a power supply is coupled to the substrate area to bias the substrate
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`as illustrated below:
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`See Ex. 4 at 42 (Fig. 1).
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`
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`38.
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`The presence of an RF bias power supply in a reactor for RMS deposition (e.g.,
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`TaN, when using a tantalum target and a process gas that includes nitrogen) is shown below:
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`
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`[“and a narrow band-rejection filter that rejects at a frequency of the RF bias power
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`supply coupled between the pulsed DC power supply and the target area.]
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`39.
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`On information and belief, Intel configures, or causes to be configured, the Intel
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`RMS reactors such that they comprise a narrow band-rejection filter that rejects at a frequency of
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`the RF bias power supply coupled between the pulsed DC power supply and the target area.
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`40.
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`On information and belief, a narrowband filter is coupled between the pulsed DC
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`power supply and the target area in a reactor for deposition of tantalum nitride (when using a
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`tantalum target and a process gas that includes nitrogen). On information and belief, a narrowband
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`filter is used in the Intel RMS reactors as configured to, for example, protect the pulsed DC power
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`supply from feedback from the RF bias power supply.
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`SECOND CLAIM
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`(Infringement of U.S. Patent No. 7,381,657)
`
`41.
`
`Demaray re-alleges and incorporates herein by reference Paragraphs 1-40 of its
`
`Complaint.
`
`42.
`
`The ’657 Patent, entitled “Biased pulse DC reactive sputtering of oxide films,” was
`
`duly and lawfully issued on June 3, 2008. Ex. 2.
`
`43.
`
`The ’657 Patent names Hongmei Zhang, Mukundan Narasimhan, Ravi B.
`
`Mullapudi, and Richard E. Demaray as co-inventors.
`
`44.
`
`The ’657 Patent has been in full force and effect since its issuance. Demaray owns
`
`by assignment the entire right, title, and interest in and to the ’657 Patent, including the right to
`
`seek damages for past, current, and future infringement thereof.
`
`45.
`
`The ’657 Patent generally relates to a method of depositing thin films “by pulsed
`
`DC reactive sputtering.” Ex. 2 at 1:11-13.
`
`46.
`
`The ’657 Patent describes, among other things, methods of using a “sputtering
`
`reactor according to the present invention includes a pulsed DC power supply coupled through a
`
`filter to a target and a substrate electrode coupled to an RF power supply. A substrate mounted on
`
`the substrate electrode is therefore supplied with a bias from the RF power supply.” Id. at 2:45-
`
`54.
`
`47.
`
`Demaray is informed and believes, and thereon alleges, that Intel has infringed and
`
`unless enjoined will continue to infringe one or more claims of the ’657 Patent, in violation of 35
`
`U.S.C. § 271, by, among other things, using the claimed methods for reactive sputtering in an
`
`infringing manner to produce semiconductor products, and/or making, offering to sell, and selling
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`within the United States, and/or importing into the United States, without authority or license,
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`semiconductor products produced using the claimed methods for reactive sputtering in an
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`infringing manner.
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`48.
`
`For example, the accused products for the ’657 Patent are produced by a method
`
`that embodies every limitation of claims of the ’657 Patent, literally or under the doctrine of
`
`equivalents, including as set forth in the illustrative example below. The further descriptions
`
`below are preliminary examples and are non-limiting.
`
`[“A method of depositing a film on an insulating substrate, comprising:”]
`
`49.
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`On information and belief, Intel uses a method of depositing a film on an insulating
`
`substrate according to the claims of the ’657 Patent in the production of semiconductor products
`
`at its semiconductor fabrication plants and research facilities, including but not limited to its
`
`premises within the United States.
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`50.
`
`As an example, on information and belief, Intel deposits layers (including, e.g.,
`
`metal nitride layers such as, for instance, TaN barrier layers and/or TiN hardmask layers) on
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`insulating substrates (e.g., semiconductor wafers) for its processors, including but not limited to
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`its Broadwell Processors.
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`[“providing a process gas between a conductive target and the substrate;”]
`
`51.
`
`On information and belief, Intel fabricates semiconductor products using a method
`
`comprising providing a process gas between a conductive target and the substrate.
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`52.
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`As an example, on information and belief, for example, Intel uses a RMS reactor
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`in the fabrication of TaN barrier layers in its Core M 5Y70/5Y10 14nm Gen 2 Broadwell
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`Processors. On information and belief, Intel uses a RMS reactor that it configures to use with
`
`nitrogen as a process gas. See also, e.g., Ex. 3 at 6. The constitution of the metal nitride barrier
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`Case 6:20-cv-00634-ADA Document 1 Filed 07/14/20 Page 17 of 25
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`layers confirms the use of nitrogen as a process gas. Copper interconnects with metal nitride
`
`barrier layers in Intel l4nm Broadwell Processors are shown below:9
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`
`
`IIIIUI—III|.I-JLL‘IJUL—d-Ji—lJUh-‘lul—
`I
`-
`I
`I
`_
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`
`53.
`
`On information and belief, in RMS reactors as configured, a process gas including
`
`nitrogen (e.g., N2 or NH3) is provided in the chamber between the tantalum target and the silicon
`
`substrate to deposit a tantalum nitride (TaN) film on the substrate. For example, the presence of a
`
`process chamber between a conductive target and the substrate (e.g., TaN, when using a tantalum
`
`target and a process gas that includes nitrogen) is shown below:
`
`9 https://www.intel.com/content/dam/www/public/us/en/documents/technology-
`briefs/bohr—14nm—idf—2014—brieflpdf.
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`-17-
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`Page 17 of 25
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`

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`Case 6:20-cv-00634-ADA Document 1 Filed 07/14/20 Page 18 of 25
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`
`
`[“providing pulsed DC power to the target through a narrow band rejection filter such that
`
`the target alternates between positive and negative voltages;”]
`
`54.
`
`On information and belief, Intel fabricates semiconductor products using a method
`
`comprising providing pulsed DC power to the target through a narrow band rejection filter such
`
`that the target alternates between positive and negative voltages.
`
`55.
`
`As an example, as discussed above, on information and belief, Intel uses a RMS
`
`reactor in the fabrication of TaN barrier layers in its semiconductor products, including, for
`
`example, the Broadwell Processors. See also, e.g., Ex. 3 at 6. A power source is coupled to the
`
`target as illustrated below:
`
`
`
`
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`- 18 -
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`Page 18 of 25
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`

`

`Case 6:20-cv-00634-ADA Document 1 Filed 07/14/20 Page 19 of 25
`
`El-
`
`
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`van-m
`
`See Ex. 4 at 42 (Fig. l).
`
`56.
`
`The presence of a pulsed DC power unit in a reactor configured for RMS
`
`deposition (e.g., TaN, when using a tantalum target and a process gas that includes nitrogen) is
`
`shown below:
`
`DC Feedthrough
`
`To Target Area
`
`Power Cable
`
`shown)
`
`Delivering Power
`from a Pulsed DC
`
`Power Supply (not
`
`57.
`
`On information and belief, a narrowband filter is coupled between the pulsed DC
`
`power supply and the target area in a reactor for deposition of, e.g., TaN, when using a tantalum
`
`target and a process gas that includes nitrogen. On information and belief, a narrowband filter is
`
`used in the Intel RMS reactors as configured to, for example, protect the pulsed DC power supply
`
`from feedback from the RF bias power supply.
`
`-19-
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`Page 19 of 25
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`

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`Case 6:20-cv-00634-ADA Document 1 Filed 07/14/20 Page 20 of 25
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`[“providing an RF bias at a frequency that corresponds to the narrow band rejection filter
`
`to the substrate;”]
`
`58.
`
`On information and belief, Intel fabricates semiconductor products using a method
`
`comprising providing an RF bias at a frequency that corresponds to the narrow band rejection filter
`
`to the substrate.
`
`59.
`
`As an example, as discussed above, on information and belief, Intel uses a RMS
`
`reactor in the fabrication of TaN barrier layers in its semiconductor products, including, for
`
`example, the Broadwell Processors. See also, e.g., Ex. 3 at 6. An RF power supply is coupled to
`
`the substrate area to bias the substrate as illustrated below:
`
`See Ex. 4 at 42 (Fig. 1).
`
`
`
`60.
`
`The presence of an RF bias power supply in a reactor configured for RMS
`
`deposition (e.g., TaN, when using a tantalum target and a process gas that includes nitrogen) is
`
`shown below :
`
`
`
`
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`- 20 -
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`Page 20 of 25
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`

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`Case 6:20-cv-00634-ADA Document 1 Filed 07/14/20 Page 21 of 25
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`
`
`[“providing a magnetic field to the target;”]
`
`61.
`
`On information and belief, Intel fabricates semiconductor products using a method
`
`comprising providing a magnetic field to the target.
`
`62.
`
`As an example, as discussed above, on information and belief, Intel uses a RMS
`
`reactor in the fabrication of barrier layers, e.g., TaN (when using a tantalum target and a process
`
`gas that includes nitrogen), in its semiconductor products, including, for example, the Broadwell
`
`Processors. See also, e.g., Ex. 3 at 6. As configured in the Intel RMS reactors, RMS involves the
`
`use of magnets to provide a magnetic field to the target.
`
`63.
`
`The presence of a magnetron in a reactor for deposition of tantalum nitride (when
`
`using a tantalum target and a process gas that includes nitrogen) is illustrated below. See Ex. 5 at
`
`9 (1st generation iPVD products):
`
`
`
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`- 21 -
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`Page 21 of 25
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`Case 6:20-cv-00634-ADA Document 1 Filed 07/14/20 Page 22 of 25
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`[“and reconditioning the target;”]
`
`
`
`64.
`
`On information and belief, Intel fabricates semiconductor products using a method
`
`comprising reconditioning the target.
`
`65.
`
`As an example, as discussed above, on information and belief, Intel uses a RMS
`
`reactor in the fabrication of TaN barrier layers in its semiconductor products, including, for
`
`example, the Broadwell Processors. See also, e.g., Ex. 3 at 6. On information and belief, as
`
`configured in the Intel RMS reactors with nitrogen process gas, impurities, such as nitrides,
`
`generated in the deposition process are removed from the tantalum target surface prior to the next
`
`deposition by sputtering in the absence of the nitrogen process gas.
`
`[“wherein reconditioning the target includes reactive sputtering in the metallic mode and
`
`then reactive sputtering in the poison mode.”]
`
`66.
`
`On information and belief, Intel fabricates semiconductor products using a method
`
`in which the reconditioning of the target includes reactive sputtering in the metallic mode and then
`
`reactive sputtering in the poison mode.
`
`67.
`
`As an example, as discussed above, on information and belief, Intel uses a RMS
`
`reactor in the fabrication of TaN barrier layers in its semiconductor products, including, for
`
`example, the Broadwell Processors. See also, e.g., Ex. 3 at 6. On information and belief, as
`
`
`
`
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`- 22 -
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`Page 22 of 25
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`Case 6:20-cv-00634-ADA Document 1 Filed 07/14/20 Page 23 of 25
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`configured in the Intel RMS reactors with nitrogen process gas, impurities, such as nitrides,
`
`generated in the deposition process are removed from the tantalum target surface prior to the next
`
`deposition by sputtering in the absence of the nitrogen process gas before the next deposition by
`
`sputtering in the presence of nitrogen.
`
`68.
`
`Intel has had knowledge of the Asserted Patents and its infringement thereof at least
`
`as of the filing of this Complaint.
`
`69.
`
`As a result of Intel’s infringement of the Asserted Patents, Demaray has been
`
`damaged. Demaray is entitled to recover for damages sustained as a result of Intel’s wrongful acts
`
`in an amount subject to proof at trial.
`
`70.
`
`In addition, Intel’s infringing acts and practices have caused, are causing, and
`
`unless enjoined will continue to cause immediate and irreparable harm to Demaray.
`
`71.
`
`To the extent 35 U.S.C. § 287 is determined to be applicable, on information and
`
`belief its requirements have been satisfied with respect to the Asserted Patents.
`
`PRAYER FOR RELIEF
`
`WHEREFORE, Demaray prays for judgment against Intel as follows:
`
`A.
`
`B.
`
`That each of the Asserted Patents is valid and enforceable;
`
`That Intel has infringed, and unless enjoined will continue to infringe, each of the
`
`Asserted Patents;
`
`C.
`
`That Intel pay Demaray damages adequate to compensate Demaray for Intel’s
`
`infringement of each of the Asserted Patents, together with interest and costs under 35
`
`U.S.C. § 284;
`
`D.
`
`That Intel be ordered to pay prejudgment and post-judgment interest on the
`
`damages assessed;
`
`
`
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`- 23 -
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`Page 23 of 25
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`Case 6:20-cv-00634-ADA Document 1 Filed 07/14/20 Page 24 of 25
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`E.
`
`That Intel be ordered to pay supplemental damages to Demaray, including interest,
`
`with an accounting, as needed;
`
`F.
`
`That Intel be enjoined from infringing the Asserted Patents, or if its infringement
`
`is not enjoined, that Intel be ordered to pay ongoing royalties to Demaray for any post-
`
`judgment infringement of the Asserted Patents;
`
`G.
`
`That this is an exceptional case under 35 U.S.C. § 285, and that Intel pay Demaray’s
`
`attorneys’ fees and costs in this action; and
`
`H.
`
`That Demaray be awarded such other and further relief, including equitable relief,
`
`as this Court deems just and proper.
`
`
`
`
`
`
`
`
`
`- 24