Case 6:21-cv-00487-ADA Document 1 Filed 05/10/21 Page 1 of 37
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`Vervain, LLC
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`UNITED STATES DISTRICT COURT
`WESTERN DISTRICT OF TEXAS
`WACO DIVISION
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`v.
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`Micron Technology, Inc.;
`Micron Semiconductor Products, Inc.; and
`Micron Technology Texas, LLC
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`
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`Plaintiff,
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`Defendants.
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`Civil Action No. 6:21-cv-487
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`JURY TRIAL DEMANDED
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`
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`COMPLAINT FOR PATENT INFRINGEMENT
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`Plaintiff Vervain, LLC (“Vervain”) asserts the following claims for patent infringement
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`against Defendants Micron Technology, Inc.; Micron Semiconductor Products, Inc.; and Micron
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`Technology Texas, LLC (collectively “Micron” or “Defendants”), and alleges as follows.
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`NATURE OF THE ACTION
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`1.
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`This is a civil action for infringement under the patent laws of the United States of
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`America, 35 U.S.C. § 1 et seq.
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`2.
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`Vervain is the owner of all rights, title, and interest in U.S. Patent Nos. 8,891,298;
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`9,196,385; 9,997,240; and 10,950,300 (collectively, the “Asserted Patents”).
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`3.
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`Defendants have infringed and continue to infringe one or more claims of
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`Vervain’s Asserted Patents by making, using, offering to sell, and selling within the United
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`States, and importing into the United States, including in this District, certain flash memory
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`products. Vervain seeks injunctive relief and monetary damages.
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`4835-4222-2563
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`Micron Ex. 1034, p. 1
`Micron v. Vervain
`IPR2021-01547
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`Case 6:21-cv-00487-ADA Document 1 Filed 05/10/21 Page 2 of 37
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`THE PARTIES
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`4.
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`Plaintiff Vervain is a Texas limited liability company with its principal place of
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`business located at 7424 Mason Dells Drive, Dallas, Texas 75230.
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`5.
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`Defendant Micron Technology, Inc. (“Micron Technology”) is a Delaware
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`corporation with a principal place of business at 8000 South Federal Way, Boise, Idaho 83716.
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`Micron Technology also has a place of business at 101 West Louis Henna Boulevard, Suite 210,
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`Austin, Texas 78728. Micron Technology is registered with the Texas Secretary of State to do
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`business in Texas.
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`6.
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`Defendant Micron Semiconductor Products, Inc. (“Micron Semiconductor”) is an
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`Idaho corporation with a principal place of business at 8000 South Federal Way, Boise, Idaho
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`83716. Micron Semiconductor also has a place of business at 101 West Louis Henna Boulevard,
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`Suite 210, Austin, Texas 78728. Micron Semiconductor is registered with the Texas Secretary of
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`State to do business in Texas. Micron Semiconductor can be served through its registered agent,
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`The Corporation Service Company, 211 E. 7th Street, Suite 620, Austin, Texas 78701-3218.
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`7.
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`Defendant Micron Technology Texas, LLC (“Micron Texas”) is an Idaho limited
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`liability company with a principal place of business at 8000 South Federal Way, Boise, Idaho
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`83716. Micron Texas also has places of business at 101 West Louis Henna Boulevard, Suite
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`210, Austin, Texas 78728; and 805 Central Expressway South #100, Allen, Texas 75013.
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`Micron Texas can be served through its registered agent, The Corporation Service Company, 211
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`E. 7th Street, Suite 620, Austin, Texas 78701-3218.
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`8.
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`Micron produces computer memory and computer data storage including dynamic
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`random access memory (DRAM), flash memory, USB flash drives, and other memory products.
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`Micron’s products are offered under the Micron, Crucial, and Ballistix brands, as well as private
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`labels. Micron makes its own products in semiconductor fabrication plants in the United States
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`4835-4222-2563
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`2
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`Micron Ex. 1034, p. 2
`Micron v. Vervain
`IPR2021-01547
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`Case 6:21-cv-00487-ADA Document 1 Filed 05/10/21 Page 3 of 37
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`and other countries throughout the world. Micron sells its products to customers, including
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`customers in this District, in the computer, networking and storage, consumer electronics, sold-
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`state drives, and mobile telecommunications markets.
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`9.
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`Micron maintains offices in Austin and Allen, Texas. Within the United States,
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`Micron also has offices in Folsom, Irvine, Longmont, Milpitas, San Diego, and San Jose,
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`California; Boise and Meridian, Idaho; Minneapolis, Minnesota; Lehi, Utah; Manassas, Virginia;
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`and Seattle, Washington.1 Outside the United States, Micron also has offices in China, India,
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`Japan, Korea, Malaysia, Singapore, Taiwan, Belgium, Germany, Israel, Italy, and the United
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`Kingdom.2
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`10. Micron operates semiconductor fabrication plants in Boise, Idaho; Lehi, Utah; and
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`Manassas, Virginia, and fabricates and manufactures flash memory products in at least
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`Manassas, Virginia.3 Outside the United States, Micron operates semiconductor fabrication
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`plants in at least China, Japan, Singapore, and Taiwan.4
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`11. Micron operates and owns the micron.com website, and markets, offers,
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`distributes, and provides technical support for its flash memory products throughout the United
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`States including in this District.
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`12.
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`Each of the Defendants develops, designs, manufactures, distributes, markets,
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`offers to sell, or sells infringing products or services within the United States, including in this
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`District, and otherwise purposefully directs infringing activities to this District in connection
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`1 Ex. E, https://www.micron.com/about/locations (printed March 12, 2021).
`2 Id.
`3 Ex. F, https://en.wikipedia.org/wiki/List_of_semiconductor_fabrication_plants (printed March
`12, 2021).
`4 Id.
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`4835-4222-2563
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`3
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`Micron Ex. 1034, p. 3
`Micron v. Vervain
`IPR2021-01547
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`Case 6:21-cv-00487-ADA Document 1 Filed 05/10/21 Page 4 of 37
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`with its Austin, Texas office; its micron.com website; and its other places of business in Texas
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`and the rest of the United States.
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`13.
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`Defendants have been and are acting in concert, and are otherwise liable jointly,
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`severally, or otherwise for relief related to or arising out of the same transaction, occurrence, or
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`series of transactions or occurrences related to the making, using, selling, offering for sale, or
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`otherwise distributing the flash memory products in this District.
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`14.
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`In addition, this action involves questions of law and fact that are common to all
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`Defendants. For example, Defendants are making, using, offering for sale, selling, or otherwise
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`distributing at least some of the same flash memory products in this District.
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`JURISDICTION AND VENUE
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`15.
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`This is a civil action for patent infringement arising under the patent laws of the
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`United States, 35 U.S.C. § 1 et seq. This Court has subject matter jurisdiction over the matters
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`asserted in this Complaint under 28 U.S.C. §§ 1331 and 1338(a) and 35 U.S.C. §§ 271 et seq.
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`16.
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`This Court has personal jurisdiction over Defendants in accordance with due
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`process and/or the Texas Long Arm Statute because, in part, Defendants “recruit[] Texas
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`residents, directly or through an intermediary located in this state, for employment inside or
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`outside this state.” Tex. Civ. Prac. & Rem. Code § 17.042(3).
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`17.
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`This Court has personal jurisdiction over Defendants, in part because Defendants
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`do continuous and systematic business in this District, including by providing infringing
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`products and services to residents of this District that Defendants knew would be used within this
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`District, and by soliciting business from residents of this District.
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`18.
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`For example, Defendants are subject to personal jurisdiction in this Court
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`because, inter alia, they have regular and established places of business in this District, including
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`4835-4222-2563
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`4
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`Micron Ex. 1034, p. 4
`Micron v. Vervain
`IPR2021-01547
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`Case 6:21-cv-00487-ADA Document 1 Filed 05/10/21 Page 5 of 37
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`offices located at 101 West Louis Henna Boulevard, Suite 210, Austin, Texas 78728.5 The
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`Travis Central Appraisal District (CAD) website6 indicates that both Micron Technology and
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`Micron Semiconductor own property at 101 West Louis Henna Boulevard, Suite 210, Austin,
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`Texas 78728, and that in 2020, it was appraised at more the $1.9 million dollars.7
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`19. Micron’s Austin offices are regular and established places of business at least
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`because these locations include many members of Micron’s important teams, including storage
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`system architects, SPME system architects, storage system engineers, storage solutions
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`engineers, and software engineers. Micron posts job openings for its Austin office,8 and as of
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`March 12, 2021, Micron was posting five job openings for its Austin office that were available or
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`recently filled.9 These and additional job postings can be found on LinkedIn and various other
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`websites.10
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`20.
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`Based on publicly-available information, since 2012, Micron Technology has
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`been the employer of approximately twenty-two recipients of H-1B visas who work and reside in
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`5 Ex. G, https://www.micron.com/about/locations?country=USA&city=Austin (printed March 12,
`2021).
`6 https://www.traviscad.org/property-search/ (last visited March 12, 2021);
`http://propaccess.traviscad.org/clientdb/?cid=1 (last accessed March 12, 2021).
`7 Ex. H, http://propaccess.traviscad.org/clientdb/Property.aspx?prop_id=874673 (printed March 12,
`2021) (property record for Micron Technology);
`http://propaccess.traviscad.org/clientdb/Property.aspx?prop_id=926072 (printed March 12, 2021)
`(property record for Micron Semiconductor).
`8 Ex. I, https://jobs.micron.com/search/?createNewAlert=false&q=&locationsearch=Austin (printed
`March 12, 2021).
`9 Ex. J, https://jobs.micron.com/job/Austin-Staff-Software-Engineer-TX-73301/711336000/
`(printed March 26, 2021); Ex. K, https://jobs.micron.com/job/Austin-Principal-SystemSoftware-
`Architect-1-TX-73301/719885200/ (printed March 26, 2021);
`Ex. L, https://jobs.micron.com/job/Austin%2C-TX-Senior-Software-Engineer-TX-
`73301/718011200/ (printed March 26, 2021); Ex. M, https://jobs.micron.com/job/Austin-Senior-
`Competitive-Strategist-Storage-Business-Unit-TX-73301/715488100/ (printed March 26, 2021).
`10 Ex. N, https://www.linkedin.com/jobs/micron-technology-jobs-austin-texas-metropolitan-
`area?position=1&pageNum=0 (printed March 12, 2021);
`https://www.indeed.com/jobs?q=Micron+Technology&l=Austin%2C+TX (printed April 1, 2021).
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`4835-4222-2563
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`5
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`Micron Ex. 1034, p. 5
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`IPR2021-01547
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`Case 6:21-cv-00487-ADA Document 1 Filed 05/10/21 Page 6 of 37
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`the Austin, Texas area.11 Micron Semiconductor has been the employer of at least two recipients
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`of H-1B visas who work and reside in the Austin area.12 Additionally, Micron Technology has
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`been the employer of approximately seventeen recipients of H-1B visas who work and reside in
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`the Allen, Texas area.13
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`21. Micron, directly and through agents, regularly conducts, solicits, and transacts
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`business in this District and elsewhere in Texas, including through its micron.com website. For
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`example, Defendants employ sales and marketing employees that regularly offer to sell, sell, or
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`otherwise distribute flash memory products in this District and elsewhere in Texas.
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`22.
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`In particular, Micron has committed and continues to commit acts of infringement
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`in violation of 35 U.S.C. § 271, and has made, used, marketed, distributed, offered for sale, and
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`sold infringing products in Texas, including in this District, and engaged in infringing conduct
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`within and directed at or from this District. The infringing flash memory products have been and
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`continue to be distributed to and used in this District. Micron’s acts cause injury to Vervain,
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`including injury suffered within this District.
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`23.
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`Venue is proper in this District under 28 U.S.C. §§ 1391 and 1400(b) because a
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`substantial part of the events or omissions giving rise to the claims occurred in this District, and
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`because Defendants have committed acts of infringement in this District and have a regular and
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`established place of business in this District.
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`11 Ex. O, https://h1bdata.info/index.php?em=Micron+Technology&job=&city=Austin&
`year=All+Years (printed March 26, 2021); https://h1bdata.info/index.php?em=Micron+
`Technology&job=&city=ROUND+ROCK&year=All+Years (printed March 26, 2021).
`12 Ex. P, https://h1bdata.info/index.php?em=Micron+Semiconductor&job=&city=Austin&
`year=All+Years (printed March 26, 2021).
`13 Ex. Q, https://h1bdata.info/index.php?em=Micron+Technology&job=&city=Allen&
`year=All+Years (printed March 26, 2021).
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`4835-4222-2563
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`Micron Ex. 1034, p. 6
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`24.
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`In particular, Micron Technology, Micron Semiconductor, and Micron Texas
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`have regular and established places of business located at 101 West Louis Henna Boulevard,
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`Suite 210, Austin, Texas 78728. Furthermore, Micron Technology, Micron Semiconductor, and
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`Micron Texas are all registered to do business in Texas.
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`25. Micron Semiconductor and Micron Texas are wholly owned subsidiaries of
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`Micron Technology. Micron Technology does not separately report revenue from Micron
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`Semiconductor or Micron Texas in its filings to the Securities Exchange Commission, but rather
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`reports combined revenue from its various products and subsidiaries.
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`26.
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`On information and belief, Micron Technology not only “owns” but also
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`“operates” Micron Semiconductor and Micron Texas, including the cooperative development,
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`improvement, and support of Micron’s products and services.
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`VERVAIN’S ASSERTED PATENTS
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`27.
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`U.S. Patent No. 8,891,298 (the “’298 patent”) is entitled “Lifetime Mixed Level
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`Non-Volatile Memory System” and issued on November 18, 2014. A true and correct copy of
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`the ’298 patent is attached as Exhibit A to this Complaint. Vervain is the owner of all rights,
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`title, and interest in and to the ’298 patent, with the full and exclusive right to bring suit to
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`enforce the ’298 patent, including the right to recover for past infringement. The ’298 patent is
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`valid and enforceable under United States patent laws.
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`28.
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`U.S. Patent No. 9,196,385 (the “’385 patent”) is entitled “Lifetime Mixed Level
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`Non-Volatile Memory System” and issued on November 24, 2015. A true and correct copy of
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`the ’385 patent is attached as Exhibit B to this Complaint. Vervain is the owner of all rights,
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`title, and interest in and to the ’385 patent, with the full and exclusive right to bring suit to
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`enforce the ’385 patent, including the right to recover for past infringement. The ’385 patent is
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`valid and enforceable under United States patent laws.
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`4835-4222-2563
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`Micron Ex. 1034, p. 7
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`IPR2021-01547
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`29.
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`U.S. Patent No. 9,997,240 (the “’240 patent”) is entitled “Lifetime Mixed Level
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`Non-Volatile Memory System” and issued on June 12, 2018. A true and correct copy of the ’240
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`patent is attached as Exhibit C to this Complaint. Vervain is the owner of all rights, title, and
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`interest in and to the ’240 patent, with the full and exclusive right to bring suit to enforce the
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`’240 patent, including the right to recover for past infringement. The ’240 patent is valid and
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`enforceable under United States patent laws.
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`30.
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`U.S. Patent No. 10,950,300 (the “’300 patent”) is entitled “Lifetime Mixed Level
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`Non-Volatile Memory System” and issued on March 16, 2021. A true and correct copy of the
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`’300 patent is attached as Exhibit D to this Complaint. Vervain is the owner of all rights, title,
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`and interest in and to the ’300 patent, with the full and exclusive right to bring suit to enforce the
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`’300 patent, including the right to recover for past infringement. The ’300 patent is valid and
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`enforceable under United States patent laws.
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`31.
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`32.
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`G.R. Mohan Rao is the sole inventor of the Asserted Patents.
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`Dr. Rao is the inventor of approximately 111 U.S. patents and the author of at
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`least 15 technical publications spanning several decades.
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`33.
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`Dr. Rao has been an innovator in the semiconductor industry since the 1960s.
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`After receiving his Ph.D. in physics with a specialization in electronics in September 1968 from
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`Andhra University in Waltair, India, near the village where he grew up, Dr. Rao traveled to the
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`United States to attend a graduate program in physics at the University of Cincinnati, fulfilling
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`his lifelong dream to study in the United States.
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`34.
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`Shortly after beginning his studies at the University of Cincinnati, Dr. Rao found
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`a bulletin indicating that Prof. William Carr of Southern Methodist University (SMU) was
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`looking for a graduate assistant for his work on MOS transistors. Dr. Rao called Prof. Carr about
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`4835-4222-2563
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`Micron Ex. 1034, p. 8
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`the opportunity, and by December 1968, after completing the fall semester at the University of
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`Cincinnati, Dr. Rao had received the assistantship with Prof. Carr, moved to Dallas, Texas, and
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`enrolled in a Ph.D. program at SMU in electrical engineering.
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`35.
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`At the laboratory at SMU, Dr. Rao was able to build MOS devices from scratch.
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`In the 1969-1970 timespan, while attending SMU, Dr. Rao also worked in the SMU laboratory
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`with Jack Kilby of Texas Instruments, a pioneering electrical engineer who would later receive a
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`Nobel Prize for his work. In early 1972, Mr. Kilby set up an interview for Dr. Rao at Texas
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`Instruments’ Houston facility, then the home of Texas Instruments’ MOS-related work.
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`36.
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`Dr. Rao began working for Texas Instruments in June 1972. He would go on to
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`work for the company for 22 years, until 1994. Dr. Rao rose through the ranks at Texas
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`Instruments, starting in an Engineer position and ascending to the position of Senior Fellow—
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`one of 12 out of approximately 20,000 engineers at the company at the time. He then moved into
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`a management position, starting as a Vice President in 1983 and becoming a Senior Vice
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`President in 1985.
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`37.
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`Dr. Rao received his first patent while working in a process and product
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`engineering capacity to solve a production problem with Texas Instruments’ 4-kilobit RAM
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`product. From the late 1970s through the mid-1980s, he worked on and/or managed Texas
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`Instruments’: (1) 64Kb RAM, in a project management capacity as a Senior Member of
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`Technical Staff; (2) 256Kb RAM, in a project management capacity as a Fellow; (3) 1Mb RAM,
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`in a management capacity as a Senior Fellow, overseeing several projects; and (4) 4Mb RAM, in
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`a management capacity as a Senior Fellow, overseeing several projects. At Texas Instruments,
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`Dr. Rao also worked on projects involving EEPROM, SRAM, and microcontrollers. In total, Dr.
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`Rao received approximately 35 U.S. patents during his time at Texas Instruments.
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`4835-4222-2563
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`Micron Ex. 1034, p. 9
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`38.
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`Some of Dr. Rao’s work for Texas Instruments is featured in the Smithsonian
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`Institution, in the Texas Instruments Collection.14 For example, the Smithsonian Institution has a
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`display of Texas Instruments’ experimental 1-megabit CMOS DRAM with one-micron feature
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`size, produced in April 1985 under Dr. Rao’s leadership.
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`39.
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`After his time at Texas Instruments, Dr. Rao joined Cirrus Logic in 1994.
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`Although Cirrus Logic was a California company, Dr. Rao coordinated a team in the Dallas area.
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`His work focused on a major project involving integration of a graphics controller and memory.
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`During his time at Cirrus Logic, Dr. Rao received approximately 22 U.S. patents relating to his
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`work on integrated graphics controllers and memory. Dr. Rao left Cirrus Logic in the summer of
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`1996.
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`40.
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`Later in 1996, Dr. Rao started a company called Silicon Aquarius. Through a
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`relationship between Silicon Aquarius and Matsushita, Dr. Rao led a design team in working on
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`a 256Mb DRAM chip.
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`41.
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`After Silicon Aquarius ceased operations, Dr. Rao did consulting work for a
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`number of different companies and devoted much of his free time to thinking about various
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`challenges and problems with which the semiconductor industry had struggled for years. For
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`example, Dr. Rao worked to improve non-volatile memories that are used for long term storage
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`of data after the power is turned off, and how to reduce the power consumption of those devices.
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`42.
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`In non-volatile memories, there are two types of storage cells: single-level cells
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`(SLCs) that store one bit of information, and multi-level cells (MLCs) that store multiple bits of
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`information. SLCs are faster, more reliable, and have a longer life. MLCs are less expensive
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`14 http://smithsonianchips.si.edu/texas/t_360.htm (last visited Apr. 12, 2021);
`http://smithsonianchips.si.edu/texas/wafer.htm (last visited Apr. 12, 2021).
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`4835-4222-2563
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`Micron Ex. 1034, p. 10
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`and can store more data in less space with less power consumption. While working to improve
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`these non-volatile memories, Dr. Rao developed inventions that combine the long life and high-
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`performance of SLCs with the more cost-effective MLCs. The result is the best of both types of
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`cells – longer life and better performance at less cost. By using the MLCs as the default storage,
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`the cheaper, more reliable MLCs are used for the bulk of the data storage. Meanwhile, the SLCs
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`are used for the data that needs it the most.
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`43.
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`The claims of the Asserted Patents are directed to patent-eligible, non-abstract
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`ideas. They address, among other things, specific improvements for controlling non-volatile
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`memory modules. The claims are particularly useful for flash memory products or other
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`memory devices that use a combination of SLCs and multi-level cells MLCs. If, for example, a
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`range of addresses in a MLC memory module fails a data integrity test, the range of addresses
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`may be mapped to a new range of addresses in a SLC memory module. Also, if a block in the
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`MLC module is used frequently, the block may be transferred to the SLC module. By doing so,
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`the reliability and life of the flash memory is increased.
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`44.
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`Vervain’s Asserted Patents claim, among other things, a specific implementation
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`of a solution to a problem in the design and fabrication of flash memories. For example, the
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`patents identify numerous specific advantages that Vervain’s claimed techniques provide
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`compared to traditional forms of flash memories. See, e.g., Ex. A, ’298 patent at 1:25-32; Ex. B,
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`’385 patent at 1:28-35; Ex. C, ’240 patent at 1:40-47; Ex. D, ’300 patent at 1:44-51. Further, the
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`claimed technologies cannot be performed as mental steps by a human, nor do they represent the
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`application of a generic computer to any well-known method of organizing human behavior.
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`45.
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`The Asserted Patents claim inventive concepts that are significantly more than
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`any patent-ineligible, abstract idea. In particular, the claimed technologies, including individual
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`4835-4222-2563
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`Micron Ex. 1034, p. 11
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`limitations as well as ordered combinations of limitations, were not well-understood, routine, or
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`conventional, and cover multiple advantages, and combinations of advantages, that were not
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`well-understood, routine, or conventional. See, e.g., Ex. A, ’298 patent at 5:24-40, 6:24-35; Ex.
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`B, ’385 patent at 5:28-44, 6:28-39; Ex. C, ’240 patent at 5:43-59, 6:46-58; Ex. D, ’300 patent at
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`5:51-67, 6:53-65.
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`DEFENDANTS’ INFRINGING PRODUCTS AND ACTIVITIES
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`46. Micron is a global manufacturer and supplier of memory products, including non-
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`volatile memory products. 15
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`47. Micron’s Compute and Networking Business Unit designs, makes, uses, offers to
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`sell, sells, imports, supplies, or otherwise distributes memory products for client, cloud server,
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`enterprise, graphics, and networking chips for cloud server, enterprise, client, graphics, and
`
`networking purposes.16
`
`48. Micron’s Mobile Business Unit designs, makes, uses, offers to sell, sells, imports,
`
`supplies, or otherwise distributes memory products for smartphones and other mobile-devices.17
`
`49. Micron’s Storage Business Unit designs, makes, uses, offers to sell, sells, imports,
`
`supplies, or otherwise distributes memory products for enterprise and cloud, client, and
`
`consumer storage purposes.18
`
`50. Micron’s Embedded Business Unit designs, makes, uses, offers to sell, sells,
`
`imports, supplies, or otherwise distributes memory products for industrial, automotive, and
`
`consumer markets.
`
`
`15 Micron’s 2020 Annual Report, available at http://www.annualreports.com/Company/micron-
`technology-inc (last visited April 5, 2021), at 4.
`16 Id.
`17 Id. at 5.
`18 Id. at 6.
`
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`12
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`Micron Ex. 1034, p. 12
`Micron v. Vervain
`IPR2021-01547
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`Case 6:21-cv-00487-ADA Document 1 Filed 05/10/21 Page 13 of 37
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`
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`51. Micron designs, makes, uses, offers to sell, sells, imports, supplies, or otherwise
`
`distributes, and provides support for, flash memory products, including products with the part
`
`name or number M600 SATA SSD, 2200 SSD, 2210 SSD, and 2300 SSD, and other memory
`
`products that have the same or similar structures, features, or functionalities, as the
`
`aforementioned products (“Accused Products”).
`
`52.
`
`The Accused Products are integrated into devices made, used, offered for sale,
`
`sold, imported, supplied, or otherwise distributed in the United States by among others, Micron,
`
`Micron’s customers, original equipment manufacturers (“OEMs”), original design manufacturers
`
`(“ODMs”), foundry suppliers, distributers, and other third parties. Micron’s Accused Products
`
`are essential, non-trivial components of the products into which they are integrated.
`
`53. Micron also conducts research, development, and testing of Accused Products in
`
`the United States.
`
`54. Micron maintains a website that advertised and continues to advertise the
`
`Accused Products, including identifying the applications for which they can be used and
`
`specifications for the Accused Products.
`
`55. Micron’s development, sales, marketing, and manufacturing activities in the
`
`United States, including within this District, directly contributed to Micron’s net revenue in the
`
`United States.
`
`COUNT I: INFRINGEMENT OF U.S. PATENT NO. 8,891,298
`
`56.
`
`Vervain incorporates by reference and re-alleges all of the foregoing paragraphs
`
`of this Complaint as if fully set forth herein.
`
`57.
`
`Defendants have directly infringed and continue to infringe, either literally or
`
`under the doctrine of equivalents, at least claim 1 of the ’298 patent by making, using, offer for
`
`sale, selling, and importing, without authority or license, the Accused Products in violation of 35
`
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`4835-4222-2563
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`13
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`Micron Ex. 1034, p. 13
`Micron v. Vervain
`IPR2021-01547
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`

`

`Case 6:21-cv-00487-ADA Document 1 Filed 05/10/21 Page 14 of 37
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`
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`U.S.C. § 271(a). The Accused Products are non-limiting examples that were identified based on
`
`currently available information, and Vervain reserves the right to identify additional infringing
`
`activities, products, and services, including, for example, on the basis of information obtained
`
`during discovery.
`
`58.
`
`The Accused Products meet all the limitations of at least claim 1 of the ’298
`
`patent. Specifically, claim 1 of the ’298 patent recites:
`
`A system for storing data comprising:
`
`at least one MLC non-volatile memory module comprising a plurality of
`individually erasable blocks;
`
`at least one SLC non-volatile memory module comprising a plurality of
`individually erasable blocks; and
`
` a
`
` controller coupled to the at least one MLC non-volatile memory module and the
`at least one SLC non-volatile memory module wherein the controller is adapted
`to:
`
`a) maintain an address map of at least one of the MLC and SLC non-volatile
`memory modules, the address map comprising a list of logical address ranges
`accessible by a computer system, the list of logical address ranges having a
`minimum quanta of addresses, wherein each entry in the list of logical address
`ranges maps to a similar range of physical addresses within either the at least
`one SLC non-volatile memory module or within the at least one MLC non-
`volatile memory module;
`
`b) determine if a range of addresses listed by an entry and mapped to a similar
`range of physical addresses within the at least one MLC non-volatile memory
`module, fails a data integrity test, and, in the event of such a failure, the
`controller remaps the entry to the next available equivalent range of physical
`addresses within the at least one SLC non-volatile memory module;
`
`c) determine which of the blocks of the plurality of the blocks in the MLC and
`SLC non-volatile memory modules are accessed most frequently by
`maintaining a count of the number of times each one of the blocks is accessed;
`and
`
`d) allocate those blocks that receive the most frequent writes by transferring the
`respective contents of those blocks to the at least one SLC non-volatile
`memory module.
`
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`4835-4222-2563
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`14
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`Micron Ex. 1034, p. 14
`Micron v. Vervain
`IPR2021-01547
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`

`

`Case 6:21-cv-00487-ADA Document 1 Filed 05/10/21 Page 15 of 37
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`
`
`59.
`
`To the extent the preamble is a limitation, the Accused Products include a system
`
`for storing data. For example, Micron’s M600 SATA SSD (“M600”) is a solid state drive (SSD)
`
`for storing data.
`
`Data Sheet at 319; M600 Review20; SSDs for Big Data at 1.21
`
`60.
`
`The Accused Products include at least one MLC non-volatile memory module
`
`comprising a plurality of individually erasable blocks. For example, the M600 contains MLC
`
`NAND flash technology.
`
`
`
`Data Sheet at 3.
`
`
`
`
`19 Ex. R, Micron’s M600 Data Sheet (“Data Sheet”), available at https://media-www.micron.com/-
`/media/client/global/documents/products/data-
`sheet/ssd/m600_2_5_ssd.pdf?rev=ead5eb20949d47fcbbeb52e56ace0297 (last visited April 5, 2021).
`20 Ex. S, Micron M600 SSD Review (“M600 Review”), available at
`https://www.storagereview.com/review/micron-m600-ssd-review (last visited April 5, 2021).
`21 Ex. T, Micron Technical Marketing Brief, SSDs for Big Data – Fast Processing Requires High-
`Performance Storage (“SSDs for Big Data”), available at https://media-www.micron.com/-
`/media/client/global/documents/products/technical-marketing-
`brief/brief_ssds_big_data.pdf?rev=f0f0d0ba8773417988b37a5f223c89a9 (last visited April 5, 2021).
`
`
`4835-4222-2563
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`15
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`Micron Ex. 1034, p. 15
`Micron v. Vervain
`IPR2021-01547
`
`

`

`Case 6:21-cv-00487-ADA Document 1 Filed 05/10/21 Page 16 of 37
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`
`
`Id. at 1. The SSD is configured to erase MLC blocks.
`
`
`
`
`
`Flash 101 at 2. 22
`
`61.
`
`The Accused Products include at least one SLC non-volatile memory module
`
`comprising a plurality of individually erasable blocks. For example, the M600 is configured to
`
`erase SLC blocks.
`
`Data Sheet at 11.
`
`22 Ex. U, Micron Technical Note TN-29-19, NAND Flash 101: An Introduction to NAND Flash
`and How to Design It In to Your Next Product (“Flash 101”), available at
`https://www.micron.com/support/~/media/fea5cfd9ee9347f4b2afcd494d3291c3.ashx (last visited
`April 5, 2021).
`
`
`
`
`4835-4222-2563
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`16
`
`Micron Ex. 1034, p. 16
`Micron v. Vervain
`IPR2021-01547
`
`

`

`Case 6:21-cv-00487-ADA Document 1 Filed 05/10/21 Page 17 of 37
`
`
`
`
`
`
`
`Write Acceleration at 1-223; Flash 101 at 2.
`
`62.
`
`The Accused Products include a controller coupled to the at least one MLC non-
`
`volatile memory module and the at least one SLC non-volatile memory module. For example,
`
`the M600 contains a controller with a NAND interface.
`
`M600 Review.
`
`
`
`
`23 Ex. V, Micron Technical Marketing Brief, Optimized Client Computing with Dynamic Write
`Acceleration (“Write Acceleration”), available at https://www.micron.com/-
`/media/client/global/documents/products/technical-marketing-
`brief/brief_ssd_dynamic_write_accel.pdf (last visited April 6, 2021).
`
`
`4835-4222-2563
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`17
`
`Micron Ex. 1034, p. 17
`