Case 6:20-cv-01216-ADA Document 1 Filed 12/31/20 Page 1 of 67
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`UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`Ocean Semiconductor LLC,
`
`Plaintiff
`
`v.
`
`Western Digital Technologies, Inc. (“WD”)
`
`Defendant.
`
`Civil Action No.: 6:20-cv-1216
`
`JURY TRIAL DEMANDED
`
`PATENT CASE
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`Plaintiff Ocean Semiconductor LLC (“Ocean Semiconductor” or “Plaintiff”) files this
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`Complaint against Western Digital Technologies, Inc. (“Western Digital Technologies”) ( “WD”
`
`or “Defendant”), seeking damages and other relief for patent infringement, and alleges with
`
`knowledge to its own acts, and on information and belief as to other matters, as follows:
`
`NATURE OF THE ACTION
`
`1.
`
`This is an action for patent infringement arising under the Patent Laws of the
`
`United States, 35 U.S.C. § 1 et seq.
`
`THE PARTIES
`
`2.
`
`Plaintiff Ocean Semiconductor is a limited liability company organized and
`
`existing under the laws of the State of Delaware, and its registered agent for service of process in
`
`Delaware is Rita Carnevale, 717 N. Union Street, Wilmington, DE 19805.
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`

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`Case 6:20-cv-01216-ADA Document 1 Filed 12/31/20 Page 2 of 67
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`3.
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`On information and belief, Defendant Western Digital Technologies is a
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`Delaware corporation with a principal place of business at 7501 N. Capital of Texas Highway,
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`Suite A 100, Austin, TX 78731 and 9442 N. Capital of Texas Highway, Austin, TX 78759. On
`
`information and belief, Defendants may be served through its registered agent, Corporation
`
`Service Company d/b/a CSC-Lawyers Incorporating Service Company, at 211 E. 7th Street, Suite
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`620, Austin, TX 78701.
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`4.
`
`On information and belief, Defendant WD sells, offers to sell, and/or uses
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`products and services throughout the United States, including in this judicial District, and
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`introduces infringing products and services into the stream of commerce knowing that they
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`would be sold and/or used in this judicial District and elsewhere in the United States.
`
`5.
`
`Plaintiff Ocean Semiconductor is the assignee and owner of the patents at issue in
`
`this action: U.S. Patents Nos. 6,660,651, 6,907,305, 6,725,402, 6,968,248, 7,080,330, 6,836,691,
`
`and 8,676,538 (collectively, the “Asserted Patents”). Ocean Semiconductor holds all substantial
`
`rights, title, and interest in the Asserted Patents, including the exclusive right to sue WD for
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`infringement and recover damages, including damages for past infringement.
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`6.
`
`Plaintiff Ocean Semiconductor seeks monetary damages and prejudgment interest
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`for Defendants’ past and ongoing direct and indirect infringement of the Asserted Patents.
`
`7.
`
`Defendant WD is a semiconductor company that designs, develops, sells, offers to
`
`sell, and imports into the United States semiconductor products in the communications, internet
`
`of things, automotive, computer, and consumer electronics industry (“Accused Products”).
`
`8.
`
`Defendant WD, which has its regular and established place of business in the
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`United States (including two offices in Austin, Texas), produces or contracts with third-party
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`semiconductor fabricators or foundries (“WD Foundry Partners”) that own, operate, or control
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`

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`Case 6:20-cv-01216-ADA Document 1 Filed 12/31/20 Page 3 of 67
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`semiconductor fabrication plants (“fabs”) within and/or outside of the United States
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`(“International Facilities”) to produce the Accused Products. One such WD Foundry Partner is
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`Kioxia Corporation (“Kioxia”). Kioxia has a contractual partnership with WD to design,
`
`develop, or manufacture semiconductor products including integrated circuits for WD. See, e.g.,
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`Western Digital Corporation 10-K filing for the fiscal year ended July 3, 2020, available at
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`https://investor.wdc.com/static-files/8ae52d00-aceb-4e11-9f83-4df2a681f081 (last accessed
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`October 12, 2020).
`
`9.
`
`On information and belief, Defendant WD (directly or through one or more of its
`
`WD Foundry Partners such as TSMC and/or Kioxia) has a contractual relationship with Applied
`
`Materials, Inc. (“Applied Materials”) (see, e.g., “BRIEF-TSMC Orders Machinery Equipment
`
`Worth T$1.06 Billion From Applied Materials,” available at
`
`https://www.reuters.com/article/brief-tsmc-orders-machinery-equipment-wo/brief-tsmc-orders-
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`machinery-equipment-worth-t1-06-billion-from-applied-materials-idUSS7N1QP04B (last visited
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`Oct. 12, 2020)), and PDF Solutions Inc. (“PDF Solutions”) (see e.g., “Taiwan Semiconductor
`
`Manufacturing Company adopts PDF Solutions yield improvement technology,” available at
`
`https://www.edn.com/taiwan-semiconductor-manufacturing-company-adopts-pdf-solutions-
`
`yield-improvement-technology/ (last accessed Oct. 12, 2020); see also “Exensio: Big Data in the
`
`Fab,” available at https://semiwiki.com/eda/4351-exensio-big-data-in-the-fab/ (last accessed
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`Oct. 12, 2020)), and one or more of the WD Foundry Partners employ Applied Materials’
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`semiconductor fabrication or manufacturing equipment, platforms, and/or framework, including
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`Applied Materials’ E3 system, including the E3 factory advanced/automation process control
`
`(“APC”) platform hardware and/or software (collectively, “E3 system”), PDF Solutions’ Exensio
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`hardware and/or software (collectively, “Exensio system”), and/or other advanced/automation
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`

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`Case 6:20-cv-01216-ADA Document 1 Filed 12/31/20 Page 4 of 67
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`process control system and platform hardware to design, develop, and/or manufacture Defendant
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`WD’s semiconductor devices, including integrated circuits.
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`10.
`
`Upon information and belief, Kioxia and/or TSMC employ(s) Applied Materials’
`
`and/or PDF Solutions’ semiconductor fabrication or manufacturing equipment, platforms, and/or
`
`framework (e.g., Applied Materials’ E3 system and/or PDF Solutions’ Exensio system) at Kioxia
`
`and/or TSMC manufacturing facilities. See, e.g. LinkedIn profile for Boon Seong Saw, IT
`
`Manager at Western Digital, available at https://www.linkedin.com/in/boon-seong-saw-
`
`b02bb19a/ (last accessed October 12, 2020); see also LinkedIn profile for Lai John Zhen, Senior
`
`Business Analyst at SanDisk, available at https://www.linkedin.com/in/lai-john-zhen-835ab6113
`
`(last accessed October 12, 2020).
`
`11.
`
`On information and belief, Defendant WD (directly or through its WD Foundry
`
`Partners such as Kioxia and/or TSMC) employs Applied Materials’ E3 system and/or PDF
`
`Solutions’ Exensio system to develop or manufacture one or more systems, products, devices,
`
`and integrated circuits for importation into the United States for use, sale, and/or offer for sale in
`
`this District and throughout the United States, including, but not limited to, semiconductor
`
`products and devices, such as automotive products (e.g., iNAND® AT EU312, iNAND® AT
`
`EM122, iNAND® AT EM132, Automotive AT LD332, AT 132 (e.g., grades 2 and 3), AT 122
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`(e.g., grades 2 and 3), Industrial Wide Temp IX QD332, Industrial Ext Temp IX QD332,
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`Industrial Ext Temp IX QD334, Industrial Wide Temp IX QD342, Commercial CL SN720,
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`Commercial CL SN520), connected home products (e.g., iNAND® CH EM123/133, CH LD313,
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`CH LD513, CH QD313, CH QD513, CH XB 513, CH XB 313, WD AV-25, WD AV-GP 1000,
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`CL SN720, CL SN520, PC SA530), industrial and IoT products (e.g., iNAND® IX EM132,
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`iNAND® IX EM122, iNAND® IX EU312, iNAND® IX MC EM131, Industrial IX LD342,
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`

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`Case 6:20-cv-01216-ADA Document 1 Filed 12/31/20 Page 5 of 67
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`Industrial IX LD332, Industrial IX QD342, Industrial IX QD332, Industrial IX QD334,
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`Commercial CL SN720, Commercial CL SN520, Commercial PC SN730, Commercial X600,
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`Commercial PC SA530), mobile products (e.g., MC EU521, MC EU511, MC EU311/d, MC
`
`EM131/c, MC EM121/b, MC EM111/a, Commercial CL QD501, Commercial CL QD301,
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`Commercial CL QD101), and surveillance products (e.g. CL EM132/122, IX EM122 Wide
`
`Temp, IX EM122 Extended Temp, WD PurpleTM SC QD101 Ultra Endurance microSDTM
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`Card), flash memory (e.g., 3D flash and NAND flash), RISC-V SweRVCore Family (e.g., EH1
`
`and EH2), and similar systems, products, devices, and integrated circuits (“WD APC Products”).
`
`12.
`
`On information and belief, Defendant WD (directly or through its WD Foundry
`
`Partners such as Kioxia and/or TSMC) uses Applied Materials’ E3 system and/or PDF Solutions’
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`Exensio system to design, develop, or manufacture the WD APC Products for importation into
`
`the United States for use, sale, and/or offer for sale in this district and throughout the United
`
`States.
`
`13.
`
`On information and belief, Defendant WD, directly and/or through one or more of
`
`the WD Foundry Partners (e.g., Kioxia), also employs Applied Materials’ SmartFactory system
`
`or platform, including Advanced Productivity Family solutions and Smart Scheduling
`
`(collectively, “SmartFactory”) and/or other similar proprietary or third-party scheduling and
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`dispatching platform hardware and/or software (e.g., with similar technical and functional
`
`features) to design, develop, and/or manufacture Defendant WD’s semiconductor devices,
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`including integrated circuits. See, e.g., “Nanochip Fab Solutions: Solutions for Factory and
`
`Equipment Efficiency,” at 18-19, available at https://www.appliedmaterials.com/files/nanochip-
`
`journals/nanochip-fab-solutions-dec-2011.pdf (last accessed Oct. 12, 2020) (showing Applied
`
`Materials’ SmartSched being adopted and used at Western Digital’s Yokkaichi factory); see also
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`Case 6:20-cv-01216-ADA Document 1 Filed 12/31/20 Page 6 of 67
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`“Toshiba Corporation Selects Applied Materials’ Predictive Scheduling Solution to Boost
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`Lithography Efficiency,” available at https://www.appliedmaterials.com/company/news/press-
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`releases/2011/09/toshiba-corporation-selects-applied-materials-predictive-scheduling-solution-
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`to-boost-lithography-efficiency (last accessed Oct. 12, 2020).
`
`14.
`
`Upon information and belief, Defendant WD employs Applied Materials’
`
`scheduling and dispatching platform (e.g., Applied Materials’ SmartFactory including
`
`SmartSched) at WD’s or Kioxia’s manufacturing facilities. On information and belief,
`
`Defendant WD employs similar proprietary scheduling and dispatching platform (with technical
`
`and functional features similar to SmartFactory) at its own manufacturing facilities.
`
`15.
`
`On information and belief, Defendant WD (directly or through its WD Foundry
`
`Partners such as Kioxia) employs Applied Materials’ SmartFactory system or platform, including
`
`Advanced Productivity Family solutions and Smart Scheduling/Sched (collectively,
`
`“SmartFactory”) and/or similar proprietary or third-party scheduling and dispatching platform
`
`hardware and/or software (e.g., with similar technical and functional features) to develop or
`
`manufacture one or more systems, products, devices, and integrated circuits for importation into
`
`the United States for use, sale, and/or offer for sale in this District and throughout the United
`
`States, including, but not limited to, semiconductor products and devices, such as automotive
`
`products (e.g., iNAND® AT EU312, iNAND® AT EM122, iNAND® AT EM132, Automotive
`
`AT LD332, AT 132 (e.g., grades 2 and 3), AT 122 (e.g., grades 2 and 3), Industrial Wide Temp
`
`IX QD332, Industrial Ext Temp IX QD332, Industrial Ext Temp IX QD334, Industrial Wide
`
`Temp IX QD342, Commercial CL SN720, Commercial CL SN520), connected home products
`
`(e.g., iNAND® CH EM123/133, CH LD313, CH LD513, CH QD313, CH QD513, CH XB 513,
`
`CH XB 313, WD AV-25, WD AV-GP 1000, CL SN720, CL SN520, PC SA530), industrial and
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`

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`Case 6:20-cv-01216-ADA Document 1 Filed 12/31/20 Page 7 of 67
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`IoT products (e.g., iNAND® IX EM132, iNAND® IX EM122, iNAND® IX EU312, Industrial
`
`IX LD342, Industrial IX LD332, Industrial IX QD342, Industrial IX QD332, Industrial IX
`
`QD334, Commercial CL SN720, Commercial CL SN520, Commercial PC SN730, Commercial
`
`X600, Commercial PC SA530), mobile products (e.g., MC EU521, MC EU511, MC EU311/d,
`
`MC EM131/c, MC EM121/b, MC EM111/a, Commercial CL QD501, Commercial CL QD301,
`
`Commercial CL QD101), and surveillance products (e.g. CL EM132/122, IX EM122 Wide
`
`Temp, IX EM122 Extended Temp, WD PurpleTM SC QD101 Ultra Endurance microSDTM
`
`Card), flash memory (e.g., 3D flash and NAND flash), RISC-V SweRVCore Family (e.g., EH1
`
`and EH2), and similar systems, products, devices, and integrated circuits (“WD Scheduling
`
`Products”).
`
`16.
`
`On information and belief, Defendant WD (directly or through its WD Foundry
`
`Partners such as Kioxia) uses Applied Materials’ SmartFactory and/or similar proprietary or
`
`third-party scheduling and dispatching platform hardware and/or software (e.g., with similar
`
`technical and functional features) to design, develop, or manufacture the WD Scheduling
`
`Products for importation into the United States for use, sale, and/or offer for sale in this district
`
`and throughout the United States.
`
`17.
`
`On information and belief, Defendant WD (directly and/or through its WD
`
`Foundry Partners such as TSMC and/or Kioxia) has a contractual relationship with ASML
`
`Holding N.V. and/or its subsidiaries (“ASML”) (see, e.g., Collaborating with chipmakers,”
`
`available at https://www.asml.com/en/careers/working-at-asml/japan (last accessed Oct. 12,
`
`2020) (“Our core focus in Japan is customer support. Our engineers enjoy an international
`
`environment and work closely with a range of high-tech companies, including Kioxia (formerly
`
`Toshiba Memory) . . .”); see also “"More than Moore driving the next renaissance in dry
`
`

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`Case 6:20-cv-01216-ADA Document 1 Filed 12/31/20 Page 8 of 67
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`lithography,” available at https://www.asml.com/en/news/stories/2019/driving-the-next-
`
`renaissance-in-dry-lithography (last visited Oct. 12, 2020) (“As part of a new commercial
`
`agreement with Western Digital, ASML will re-design its TWINSCAN lithography machines to
`
`process 200 mm AlTiC substrates – a unique lithography equipment design requirement for the
`
`HDD market.”); see also “RISC-V: Accelerating Next-Generation Compute Requirements,”
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`available at https://www.westerndigital.com/company/innovations/risc-v (last visited Oct. 12,
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`2020) (“Size @ TSMC”); see also “ASML shares gain after reports of large TSMC order,”
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`available at https://seekingalpha.com/news/3636158-asml-shares-gain-after-reports-of-large-
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`tsmc-order (last visited Oct. 12, 2020); see also “ASML’s NXE Platform Performance,”
`
`available at http://euvlsymposium.lbl.gov/pdf/2013/pres/RudyPeeters.pdf (last visited Oct. 12,
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`2020)), and that WD, and/or one or more of the WD Foundry Partners, employs ASML’s
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`semiconductor fabrication or manufacturing equipment and/or platforms (e.g., ASML’s
`
`TWINSCAN system hardware and software or “TWINSCAN”) to design, develop, and/or
`
`manufacture Defendant WD’s semiconductor products and devices, such as automotive products
`
`(e.g., iNAND® AT EU312, iNAND® AT EM122, iNAND® AT EM132, Automotive AT
`
`LD332, AT 132 (e.g., grades 2 and 3), AT 122 (e.g., grades 2 and 3), Industrial Wide Temp IX
`
`QD332, Industrial Ext Temp IX QD332, Industrial Ext Temp IX QD334, Industrial Wide Temp
`
`IX QD342, Commercial CL SN720, Commercial CL SN520), connected home products (e.g.,
`
`iNAND® CH EM123/133, CH LD313, CH LD513, CH QD313, CH QD513, CH XB 513, CH
`
`XB 313, WD AV-25, WD AV-GP 1000, CL SN720, CL SN520, PC SA530), industrial and IoT
`
`products (e.g., iNAND® IX EM132, iNAND® IX EM122, iNAND® IX EU312, Industrial IX
`
`LD342, Industrial IX LD332, Industrial IX QD342, Industrial IX QD332, Industrial IX QD334,
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`Commercial CL SN720, Commercial CL SN520, Commercial PC SN730, Commercial X600,
`
`

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`Case 6:20-cv-01216-ADA Document 1 Filed 12/31/20 Page 9 of 67
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`Commercial PC SA530), mobile products (e.g., MC EU521, MC EU511, MC EU311d, MC
`
`EM131/c, MC EM121/b, MC EM111/a, Commercial CL QD501, Commercial CL QD301,
`
`Commercial CL QD101), and surveillance products (e.g. CL EM132/122, IX EM122 Wide
`
`Temp, IX EM122 Extended Temp, WD PurpleTM SC QD101 Ultra Endurance microSDTM
`
`Card), flash memory (e.g., 3D flash and NAND flash), RISC-V SweRVCore Family (e.g., EH1
`
`and EH2), and similar systems, products, devices, and integrated circuits (“WD TWINSCAN
`
`Products”). See, e.g., “More than Moore driving the next renaissance in dry lithography,”
`
`available at https://www.asml.com/en/news/stories/2019/driving-the-next-renaissance-in-dry-
`
`lithography (last accessed Oct. 12, 2020) (“As part of a new commercial agreement with Western
`
`Digital, ASML will re-design its TWINSCAN lithography machines to process 200 mm AlTiC
`
`substrates – a unique lithography equipment design requirement for the HDD market.”); see
`
`LinkedIn Profile for Spencer Lin, Operation Manager at ASML, available at
`
`https://www.linkedin.com/in/spencer-lin-a48a0082/ (last visited Oct. 12, 2020); LinkedIn Profile
`
`for Leo Li, Product Engineer at ASML, available at https://www.linkedin.com/in/leo-li-
`
`74222754/ (last visited Oct. 12, 2020); LinkedIn Profile for Tsung Ming C., Applicant Engineer
`
`at ASML, available at https://www.linkedin.com/in/tsung-ming-c-49b4b77/ (last visited Oct. 12,
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`2020); LinkedIn Profile for Vince Liu, Product Manager at ASML, available at
`
`https://www.linkedin.com/in/vince-liu-4820b149/ (last visited Oct. 12, 2020); and LinkedIn
`
`Profile for Henry Yeh, Applicant Engineer at ASML, available at
`
`https://www.linkedin.com/in/heavyyeh/ (last visited Oct. 12, 2020); see also LinkedIn Profile for
`
`Dan Friedman, Technical Author and Engineer at ASML, available at
`
`https://www.linkedin.com/in/dan-friedman-8522584/ (last visited Oct. 12, 2020)).
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`

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`Case 6:20-cv-01216-ADA Document 1 Filed 12/31/20 Page 10 of 67
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`18.
`
`On information and belief, Defendant WD (directly or through its WD Foundry
`
`Partners) uses ASML’s TWINSCAN platform and/or its software to design, develop, or
`
`manufacture the WD TWINSCAN Products for importation into the United States for use, sale,
`
`and/or offer for sale in this district and throughout the United States.
`
`19.
`
`On information and belief, Defendant WD (directly and/or through its WD
`
`Foundry Partners such as TSMC and/or Kioxia) has a contractual relationship with ASML and/or
`
`its subsidiaries (see, e.g., Collaborating with chipmakers,” available at
`
`https://www.asml.com/en/careers/working-at-asml/japan (last accessed Oct. 12, 2020) (“Our
`
`core focus in Japan is customer support. Our engineers enjoy an international environment and
`
`work closely with a range of high-tech companies, including Kioxia (formerly Toshiba Memory)
`
`. . .”); see also “ASML shares gain after reports of large TSMC order,” available at
`
`https://seekingalpha.com/news/3636158-asml-shares-gain-after-reports-of-large-tsmc-order (last
`
`visited Oct. 12, 2020); see also LinkedIn Profile for Spencer Lin, Operation Manager at ASML,
`
`available at https://www.linkedin.com/in/spencer-lin-a48a0082/ (last visited Oct. 12, 2020);
`
`LinkedIn Profile for Leo Li, Product Engineer at ASML, available at
`
`https://www.linkedin.com/in/leo-li-74222754/ (last visited Oct. 12, 2020); LinkedIn Profile for
`
`Tsung Ming C., Applicant Engineer at ASML, available at https://www.linkedin.com/in/tsung-
`
`ming-c-49b4b77/ (last visited Oct. 12, 2020); LinkedIn Profile for Vince Liu, Product Manager
`
`at ASML, available at https://www.linkedin.com/in/vince-liu-4820b149/ (last visited Oct. 12,
`
`2020); and LinkedIn Profile for Henry Yeh, Applicant Engineer at ASML, available at
`
`https://www.linkedin.com/in/heavyyeh/ (last visited Oct. 12, 2020)), and that WD, directly or
`
`through one or more of the WD Foundry Partners, employs ASML’s semiconductor fabrication
`
`or manufacturing equipment and/or platforms (e.g., ASML’s YieldStar metrology and inspection
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`

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`Case 6:20-cv-01216-ADA Document 1 Filed 12/31/20 Page 11 of 67
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`system hardware and software or “YieldStar”) to design, develop, and/or manufacture Defendant
`
`WD’s semiconductor products and devices, such as automotive products (e.g., iNAND® AT
`
`EU312, iNAND® AT EM122, iNAND® AT EM132, Automotive AT LD332, AT 132 (e.g.,
`
`grades 2 and 3), AT 122 (e.g., grades 2 and 3), Industrial Wide Temp IX QD332, Industrial Ext
`
`Temp IX QD332, Industrial Ext Temp IX QD334, Industrial Wide Temp IX QD342,
`
`Commercial CL SN720, Commercial CL SN520), connected home products (e.g., iNAND® CH
`
`EM123/133, CH LD313, CH LD513, CH QD313, CH QD513, CH XB 513, CH XB 313, WD
`
`AV-25, WD AV-GP 1000, CL SN720, CL SN520, PC SA530), industrial and IoT products (e.g.,
`
`iNAND® IX EM132, iNAND® IX EM122, iNAND® IX EU312, Industrial IX LD342,
`
`Industrial IX LD332, Industrial IX QD342, Industrial IX QD332, Industrial IX QD334,
`
`Commercial CL SN720, Commercial CL SN520, Commercial PC SN730, Commercial X600,
`
`Commercial PC SA530), mobile products (e.g., MC EU521, MC EU511, MC EU311d, MC
`
`EM131/c, MC EM121/b, MC EM111/a, Commercial CL QD501, Commercial CL QD301,
`
`Commercial CL QD101), and surveillance products (e.g. CL EM132/122, IX EM122 Wide
`
`Temp, IX EM122 Extended Temp, WD PurpleTM SC QD101 Ultra Endurance microSDTM
`
`Card), flash memory (e.g., 3D flash and NAND flash), RISC-V SweRVCore Family (e.g., EH1
`
`and EH2), and similar systems, products, devices, and integrated circuits (“WD YieldStar
`
`Products”).
`
`20.
`
`On information and belief, Defendant WD (directly or through its WD Foundry
`
`Partners) uses ASML’s YieldStar metrology and inspection platform and/or its software to
`
`design, develop, or manufacture the WD YieldStar Products for importation into the United
`
`States for use, sale, and/or offer for sale in this district and throughout the United States.
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`

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`Case 6:20-cv-01216-ADA Document 1 Filed 12/31/20 Page 12 of 67
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`21.
`
`Defendant WD works with third parties to design and/or develop third party
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`products, such as internet of things products, communications products, automotive products,
`
`computing products, and embedded products that include one or more WD APC Products, WD
`
`Scheduling Products, WD TWINSCAN Products and/or WD YieldStar Products (“Third Party
`
`Products”). WD assists third parties from the automotive industry, directly or through others, to
`
`import the Third Party Products into the United States and offer to sell, and sell, such Third Party
`
`Products in the United States.
`
`JURISDICTION AND VENUE
`
`22.
`
`This is an action for patent infringement arising under the patent laws of the
`
`United States, 35 U.S.C. § 1, et seq.
`
`23.
`
`24.
`
`This Court has subject matter jurisdiction under 28 U.S.C. §§ 1331 and 1338(a).
`
`Defendant WD is subject to this Court’s general personal jurisdiction at least
`
`because WD is a resident of Texas and in this District as defined by Texas law.
`
`25.
`
`Defendant WD is subject to this Court’s general and specific personal jurisdiction
`
`because WD has sufficient minimum contacts within the State of Texas and this District,
`
`pursuant to due process and/or the Texas Long Arm Statute, Tex. Civ. Prac. & Rem. Code §
`
`17.042. On information and belief, WD contracted with one or more Texas residents in this
`
`District and one or both parties performed the contract at least in part in the State of Texas and
`
`this District; WD committed the tort of patent infringement in State of Texas and this District;
`
`WD purposefully availed itself of the privileges of conducting business in the State of Texas and
`
`in this District; WD regularly conducts and solicits business within the State of Texas and within
`
`this District; WD recruits residents of the State of Texas and this District for employment inside
`
`or outside the State of Texas; Plaintiff’s causes of action arise directly from WD’s business
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`Case 6:20-cv-01216-ADA Document 1 Filed 12/31/20 Page 13 of 67
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`contacts and other activities in the State of Texas and this District; and WD designs, develops,
`
`manufactures, distributes, makes available, imports, sells and offers to sell products and services
`
`throughout the United States, including in this judicial District, and introduces infringing
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`products and services that into the stream of commerce knowing that they would be used and
`
`sold in this judicial district and elsewhere in the United States.
`
`26.
`
`Venue is proper in this judicial district under 28 U.S.C. § 1391 and 28 U.S.C. §
`
`1400(b).
`
`27.
`
`On information and belief, Defendant WD has a regular and established place of
`
`business in this District, including at least 7501 N. Capital of Texas Highway, Suite A 100,
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`Austin, TX 78731 and 9442 N. Capital of Texas Highway, Austin, TX 78759.
`
`28.
`
`On information and belief, Defendant WD’s acts of infringement have taken place
`
`within this District. On information and belief, WD’s presence in this District is substantial,
`
`including at least at 7501 N. Capital of Texas Highway, Suite A 100, Austin, TX 78731 and
`
`9442 N. Capital of Texas Highway, Austin, TX 78759.
`
`29.
`
`Additionally, Defendant WD—directly or through intermediaries (including
`
`distributors, retailers, and others), subsidiaries, alter egos, and/or agents—ships, distributes,
`
`offers for sale, and/or sells their products in the United States and this District. WD has
`
`purposefully and voluntarily placed one or more of its products into the stream of commerce that
`
`infringe the Asserted Patents with the awareness and/or intent that they will be purchased by
`
`consumers and businesses in this District. Defendant WD knowingly and purposefully ships
`
`infringing products into, and within, this District through an established distribution channel.
`
`These infringing products have been, and continue to be, purchased by consumers and businesses
`
`in this District.
`
`

`

`Case 6:20-cv-01216-ADA Document 1 Filed 12/31/20 Page 14 of 67
`
`THE PATENTS-IN-SUIT
`
`30.
`
`On November 8, 2001, U.S. Patent Application No. 10/010,463 was filed at the
`
`USPTO (“the ’463 Application”). The ’463 Application was duly examined and issued as U.S.
`
`Patent No. 6,660,651 (“the ’651 patent”), entitled “Adjustable Wafer Stage, and a Method and
`
`System for Performing Process Operations Using Same” on December 9, 2003. A true and
`
`correct copy of the ʼ651 patent is attached hereto as Exhibit A.
`
`31.
`
`Ocean Semiconductor is the owner of the ʼ651 patent and has the full and
`
`exclusive right to bring actions and recover past, present, and future damages for WD’s
`
`infringement of the ʼ651 patent.
`
`32.
`
`The inventions of the ’651 patent resolve technical problems related to cross-
`
`wafer variations or non-uniformity characteristics in semiconductor wafers that are caused by
`
`different deposition and etch processes performed during semiconductor manufacturing. For
`
`example, the ’651 patent provides a process tool that includes an adjustable wafer stage that
`
`allows positioning or re-positioning of the wafer stage, such as raising, lowering, and varying a
`
`tilt of the surface of the wafer stage, in order to effectuate the deposition rates of semiconductor
`
`materials formed on a wafer.
`
`33.
`
`The claims of the ’651 patent do not merely recite the performance of some
`
`business practice known from the pre-Internet world along with the requirement to perform it on
`
`the Internet. Instead, the claims of the ’651 patent recite one or more inventive concepts that are
`
`rooted in computerized semiconductor manufacturing or fabrication technologies, and overcome
`
`problems specifically arising in the realm of computerized semiconductor manufacturing or
`
`fabrication technologies.
`
`

`

`Case 6:20-cv-01216-ADA Document 1 Filed 12/31/20 Page 15 of 67
`
`34.
`
`The ’651 patent is directed to an invention that is not merely the routine or
`
`conventional use of the Internet or a generic computer. Instead, it is directed to a process tool
`
`with an adjustable wafer stage that offers customizable positioning features to facilitate raising,
`
`lowering, or tilting of the wafer stage. This design allows surface adjustment of a wafer surface
`
`on which semiconductor materials are deposited to ensure a surface profile that is uniform across
`
`the surface of each wafer. The ’651 patent claims thus specify how a semiconductor
`
`manufacturing system is manipulated to yield a desired result.
`
`35.
`
`Accordingly, each claim of the ’651 patent recites a combination of elements
`
`sufficient to ensure that the claim in practice amounts to significantly more than a patent on an
`
`ineligible concept.
`
`36.
`
`On April 30, 2002, U.S. Patent Application No. 10/135,145 was filed at the
`
`USPTO (the “’145 Application”). The ’145 Application was duly examined and issued as U.S.
`
`Patent No. 6,907,305 (“the ‘305 Patent”), entitled “Agent Reactive Scheduling in an Automated
`
`Manufacturing Environment” on June 14, 2005. A true and correct copy of the ʼ305 patent is
`
`attached hereto as Exhibit B.
`
`37.
`
`Ocean Semiconductor is the owner of the ʼ305 patent and has the full and
`
`exclusive right to bring actions and recover past, present, and future damages for WD’s
`
`infringement of the ʼ305 patent.
`
`38.
`
`The inventions of the ’305 patent resolve technical problems related to utilization
`
`of process tools and scheduling and execution control of factory control systems. For example,
`
`the ’305 patent describes agents that reactively schedule, initiate, and execute activities, such as
`
`lot transport and processing, in response to certain events occurring during the semiconductor
`
`manufacturing process.
`
`

`

`Case 6:20-cv-01216-ADA Document 1 Filed 12/31/20 Page 16 of 67
`
`39.
`
`The claims of the ’305 patent do not merely recite the performance of some
`
`business practice known from the pre-Internet world along with the requirement to perform it on
`
`the Internet. Instead, the claims of the ’305 patent recite one or more inventive concepts that are
`
`rooted in computerized semiconductor manufacturing or fabrication technologies, and overcome
`
`problems specifically arising in the realm of computerized semiconductor manufacturing or
`
`fabrication technologies.
`
`40.
`
`The ’305 patent is directed to an invention that is not merely the routine or
`
`conventional use of the Internet or a generic computer. Instead, it is directed to a manufacturing
`
`system that facilitates the reactive scheduling of events resulting from certain factory state
`
`changes occurred within the process flow, such as a downtime occurrence, a machine becoming
`
`available, a processing chamber being down, a lot departing a machine, a preventative
`
`maintenance and equipment qualification being detected, and a wafer being completed. This
`
`system, in turn, allows efficient management of factory control systems and optimizes wafer
`
`throughput. The ’305 patent claims thus specify how a semiconductor manufacturing system is
`
`manipulated to yield a desired result.
`
`41.
`
`Accordingly, each claim of the ’305 patent recites a combination of elements
`
`sufficient to ensure that the claim in practice amounts to significantly more than a patent on an
`
`ineligible concept.
`
`42.
`
`On July 31, 2000, U.S. Patent Application No. 09/629,073 was filed at the
`
`USPTO (“the ʼ073 Application”). The ʼ073 Application was duly examined and issued as U.S.
`
`Patent No. 6,725,402 (“the ʼ402 Patent”), entitled “Method and Apparatus for Fault Detection of
`
`a Processing Tool and Control Thereof Using an Advanced Process Control (APC) Framework”)
`
`on April 20, 2004. A true and correct copy of the ʼ402 patent is attached hereto as Exhibit C.
`
`

`

`Case 6:20-cv-01216-ADA Document 1 Filed 12/31/20 Page 17 of 67
`
`43.
`
`Ocean Semiconductor is the owner of the ʼ402 patent and has the full and
`
`exclusive right to bring actions and recover past, present, and future damages for WD’s
`
`infringement of the ʼ402 patent.
`
`44.
`
`The inventions of the ’402 patent resolve technical problems related to the delay
`
`in reporting manufacturing faults during semiconductor manufacturing, which led to faulty
`
`semiconductor devices being produced. For example, the ’402 patent describes systems and
`
`methods for shutting down a process tool or halting a manufacturing process in the presence of a
`
`manufacturing fault.
`
`45.
`
`The claims of the ’402 patent do not merely recite the performance of some
`
`business practice known from the pre-Internet world along with the requirement to perform it on
`
`the Internet. Instead, the claims of the ’402 patent recite one or more inventive concepts that are
`
`rooted in computerized semiconductor manufacturing or fabrication technologies, and overcome
`
`problems specifically arising in the realm of computerized semiconductor manufacturing or
`
`fabrication technologies.
`
`46.
`
`The ’402 patent is directed to an invent