CASE 0:23-mc-00104-JFD Doc. 1 Filed 11/16/23 Page 1 of 1
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF MINNESOTA
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`23-mc-104
`Case No. ______________
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`In re Chien-Min Sung Subpoena
`Upon 3M Company
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`MOTION TO QUASH
`OR MODIFY SUBPOENA
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`Pursuant to Federal Rule of Civil Procedure 45, 3M Company hereby moves
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`to quash or modify the subpoena issued upon it by Plaintiff Chien-Min Sung in the
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`case of Chien-Min Sung v. Texas Instruments Incorporated, Case No. 4:23-cv-00753-
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`SDJ, E.D. Tex. This motion is based upon the accompanying memorandum of law
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`and all other filings and proceedings herein.
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`Dated: November 16, 2023
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`GREENE ESPEL PLLP
`
` s/ Mark L. Johnson
`Mark L. Johnson, Reg. No. 0345520
`Jeya Paul, Reg. No. 0386950
`222 S. Ninth Street, Suite 2200
`Minneapolis, MN 55402
`mjohnson@greeneespel.com
`jpaul@greeneespel.com
`(612) 373-0830
`
`Attorneys for 3M Company
`
`IPR2024-00534
`Samsung Electronics Co. Ltd. et al v. Chien-Min Sung
`Samsung's Exhibit 1039
`Ex. 1039, Page 1
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`

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`CASE 0:23-mc-00104-JFD Doc. 4-1 Filed 11/16/23 Page 1 of 149
`CASE 0:23-mc-00104-JFD Doc. 4-1 Filed 11/16/23 Page 1 of 149
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`EXHIBIT 1
`EXHIBIT 1
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`EX1039, Page 2
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`EX1039, Page 2
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`CASE 0:23-mc-00104-JFD Doc. 4-1 Filed 11/16/23 Page 2 of 149
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`SHERMAN DIVISION
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`CHIEN-MIN SUNG,
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`Plaintiff,
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`Civil Action No. 4:23-cv-753
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`v.
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`TEXAS INSTRUMENTS
`INCORPORATED,
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`Defendant.
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`JURY TRIAL DEMANDED
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`COMPLAINT FOR PATENT INFRINGEMENT
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`Plaintiff Chien-Min Sung, Ph.D. (“Dr. Sung” or “Plaintiff”), for his Complaint against
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`Defendant Texas Instruments Incorporated (“TI”), alleges the following:
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`NATURE OF THE ACTION
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`1. This is an action for patent infringement arising under the Patent Laws of the United
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`States, 35 U.S.C. § 1 et seq.
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`THE PARTIES
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`2. Plaintiff Dr. Sung is an individual residing at No. 4, Lane 32, Chung Cheng Road,
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`Tansui, Taipei, Taiwan.
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`3. On information and belief, Defendant TI is a corporation organized and existing
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`under the laws of Delaware, with its principal place of business at 12500 TI Boulevard, Dallas,
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`Texas 75243. TI is registered with the State of Texas and may be served with process through its
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`registered agent, CT Corporation System, 1999 Bryan Street, Suite 900, Dallas, TX 75201. On
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`information and belief, TI has a regular and established place of business in this District,
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`including at least 6412 US-75, Sherman, Texas 75090.
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`EX1039, Page 3
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`CASE 0:23-mc-00104-JFD Doc. 4-1 Filed 11/16/23 Page 3 of 149
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`4.
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`Upon information and belief, TI sells and offers to sell products and services
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`throughout the United States, including in this judicial district, and introduces products and
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`services into the stream of commerce and that incorporate infringing technology knowing that
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`they would be sold in this judicial district and elsewhere in the United States.
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`5.
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`Defendant TI owns, operates, or controls semiconductor fabrication plants
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`(“fabs”) within and/or outside of the United States, including in Sherman (Texas), Richardson
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`(Texas), Dallas (Texas), Lehi (Utah), South Portland (Maine), Miho (Japan), Aizu (Japan),
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`Chengdu (China), and Freising (Germany) to produce the accused products. See, e.g., TI’s
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`“Worldwide Manufacturing,” available at https://www.ti.com/about-ti/company/ti-at-a-
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`glance/manufacturing.html.
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`6.
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`On information and belief, Defendant TI, directly or indirectly, has a contractual
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`relationship with certain pad conditioner manufacturers that design, develop, or manufacture
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`chemical mechanical polishing/planarization (“CMP”) pad conditioners implicated in this Action
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`to TI, including at least one of EHWA Diamond Industrial Co Ltd. (“EHWA”), Minnesota
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`Mining and Manufacturing Company (or “3M”), Seasol Diamond Ind. Co., Ltd. (“Seasol”),
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`Shinhan Diamond Ind. Co., Ltd. (“Shinhan”), and/or Abrasive Technology, LLC (“AT”). For
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`example, TI purchases and uses certain pad conditioners manufactured by EHWA. (See
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`“Reduced Cost of Ownership Oxide CMP Process using 300mm Consumables for 200mm
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`Processing,” available at https://nccavs-usergroups.avs.org/wp-
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`content/uploads/CMPUG2018/CMP418-6-Brannon.pdf (last accessed Jul. 17, 2022); see also
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`https://nccavs-usergroups.avs.org/wp-content/uploads/CMPUG2011/cmp2011_5brannon-1.pdf
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`(“To improve the tool’s performance, EWHA™ conditioners were pivotal in adding additional
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`functionality to the process thru end of life evaluations. (see figure 6)”) (last accessed Jul. 17,
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`2
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`EX1039, Page 4
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`CASE 0:23-mc-00104-JFD Doc. 4-1 Filed 11/16/23 Page 4 of 149
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`2023); see also https://nccavs-usergroups.avs.org/wp-content/uploads/CMPUG2018/CMP418-6-
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`Brannon.pdf (“To improve the tool’s performance, EHWA™ conditioners were pivotal in adding
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`additional functionality to the process thru end of life evaluations”) (last accessed Jul. 17, 2023).)
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`TI also has as a “decade-long” relationship with 3M on the design, development, and
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`manufacture of the accused products manufactured using the infringing CMP pad conditioners.
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`(See, e.g., https://www.electronicproducts.com/texas-instruments-and-3ms-decade-long-
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`relationship-delivers-rfid-innovation-to-libraries-
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`worldwide/?utm_source=eetimes&utm_medium=relatedcontent; see also
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`https://news.3m.com/2005-06-14-3M-and-Texas-Instruments-Implement-Authenticated-RFID-
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`to-Combat-Counterfeit-Drugs-Authenticated-RFID-Platform-Boosts-Pharmaceutical-Supply-
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`Chain-Security-to-Help-Protect-the-Nations-Drug-Supply.) Similarly, Saesol identifies TI as
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`one of its customers. (See, e.g., http://www.saesoldia.com/bbs/content.php?co_id=exporting
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`(map showing TI as a customer to which Saesol exports its products)).
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`7.
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`Upon information and belief, Defendant TI uses certain pad conditioners
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`manufactured by third-party pad conditioner manufacturers at its manufacturing facilities for
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`manufacturing or fabricating the accused products, including at least one of 3M’s Trizact and
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`Diamond pad conditioners; Saesol’s Standard and Hive pad conditioners; Shinhan’s Diamond
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`pad conditioners; AT’s Infinity II pad conditioners; or EHWA’s pad conditioners.
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`8.
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`On information and belief, Defendant TI uses or employs these third-party pad
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`conditioners to design, develop, or manufacture one or more of the accused products either
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`domestically or for importation into the United States for use, sale, and/or offer for sale in this
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`district and throughout the United States, including, but not limited to, semiconductor products
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`and devices, such as amplifiers (e.g., current sense amplifiers, difference amplifiers, fully
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`3
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`EX1039, Page 5
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`CASE 0:23-mc-00104-JFD Doc. 4-1 Filed 11/16/23 Page 5 of 149
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`differential amplifiers, instrumentation amplifiers, operational amplifiers, programmable &
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`Variable gain amplifiers, and special function amplifiers), audio solutions (e.g., audio amplifiers,
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`audio converters, audio interface ICs, and specialty audio ICs), clock & timing (e.g., clock
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`buffers, clock generators, clock jitter cleaners & synchronizers, oscillators, real-time clocks
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`(RTCs) & timers, RF PLLs & synthesizers), dies and wafers (e.g., amplifiers, data converters,
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`interfaces, switches, voltage regulators, microcontrollers, x-ray detectors, controllers,
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`comparators, processors, transceivers, receivers, temperature sensors, diodes, and current
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`sources), data converters (e.g., analog-to-digital converters, digital potentiometers, digital-to-
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`analog converters, and integrated/special function data converters), DLP products (imaging
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`products such as near-infrared, near-UV, UV, and visible products, scan & machine vision
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`products, automotive products including display, exterior lighting and projection products, and
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`array products such as array pico and array products, and spectroscopy & optical networking
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`products), interface solutions (e.g., CAN & LIN transceivers & SBCs, circuit protection ICs,
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`ethernet ICs, HDMI/DisplayPort/MIPI ICs, high-speed SerDes, I2 ICs, IO-Link & digital I/Os,
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`LVDS/M-LVDS/PECL ICs, multu0switch detection interface ICs, optical networking ICs, PCIe,
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`SAS & SATA ICs, RS-232 transceivers, RS-485 & RS-422 transceivers, SDI ICs, UARTs, and
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`USB ICs), isolation (e.g., digital isolators, isolated ADCs, isolated amplifiers, isolated
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`comparators, isolated gate drivers, isolated interface ICs, signal isolators, and solid-state relays),
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`logic & voltage translation (e.g., buffers, drivers, & transceivers, flip-flops, latches, registers,
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`logic gates, specialty logic ICs, and voltage translators and level shifters), microcontrollers &
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`processors (e.g., ARM-based microcontrollers, C2000 real-time microcontrollers, MSP 430
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`microcontrollers, digital signal processors, and ARM-based processors), motor drivers (e.g.,
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`actuator drivers, brushed DC motor drivers, brushless D motor drivers, half-bridge drivers,
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`4
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`EX1039, Page 6
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`CASE 0:23-mc-00104-JFD Doc. 4-1 Filed 11/16/23 Page 6 of 149
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`isolated gate drivers, low-side drivers, optical-disk drivers, solenoid drivers, stepper motor
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`drivers), power management (AC/DC and isolated DC/DC switch regulators, battery
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`management ICs, DC/DC switching regulators, DDR memory power ICs, digital power ICs,
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`LED drivers, Linear & low-dropout regulators, MOSFETS, multi-channel ICs, power-over
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`ethernet ICs, power switches, sequencers, supervisor & reset ICs, USB power witches &
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`charging port controllers, USB-type C & USB power delivery ICs, and voltage reference
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`products), RF & microwave products (e.g., mixers, modulators, mmWave radar sensors, RF
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`amplifiers, RF PLLs & synthesizers, RF power detectors, and wideband transceivers, receivers,
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`and transmitters), sensors (humidity sensors, magnetic sensors, mmWave radar sensors, specialty
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`sensors, and temperature sensors), switches & multiplexers (analog switches & mux, digital
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`demux and decoders, digital mux and encoders, power switches, and protocol-specific switches
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`& muxes), and wireless connectivity products (e.g., Bluetooth products, multi-protocol products,
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`sub-1 GHz products, thread products, Wi-Fi products, Wi-SUN products, and Zigbee products),
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`and similar systems, products, devices, and integrated circuits (“Accused Products”).
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`9.
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`For example, on information and belief, Defendant TI uses or employs at least
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`one of 3M’s Trizact or Diamond pad conditioners, Saesol’s Standard or Hive pad conditioners,
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`Shinhan’s Diamond pad conditioners, AT’s Infinity II pad conditioners, and/or EHWA’s CVD
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`CMP pad conditioners to manufacture or fabricate the Accused Products (or integrated circuits
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`contained therein) either domestically or for importation into the United States for use, sale,
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`and/or offer for sale in this district and throughout the United States. TI also assists third parties,
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`directly or through others, to import third-party systems, products, and/or devices that
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`incorporate the Accused Products into the United States and offer to sell, and sell, such third-
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`party products in the United States.
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`5
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`EX1039, Page 7
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`CASE 0:23-mc-00104-JFD Doc. 4-1 Filed 11/16/23 Page 7 of 149
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`JURISDICTION AND VENUE
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`10.
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`This is an action for patent infringement arising under the Patent Laws of the
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`United States, Title 35 of the United States Code.
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`11.
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`12.
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`This Court has subject matter jurisdiction under 28 U.S.C. §§ 1331 and 1338(a).
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`Defendant TI is subject to this Court’s general personal jurisdiction at least
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`because TI is a resident of Texas as defined by Texas law. On information and belief, TI is
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`headquartered in Texas.
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`13.
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`Defendant TI is additionally subject to this Court’s general and specific personal
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`jurisdiction because TI has sufficient minimum contacts within the State of Texas and this
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`District, pursuant to due process and/or the Texas Long Arm Statute, Tex. Civ. Prac. & Rem.
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`Code § 17.042. On information and belief, Defendant TI contracted with one or more Texas
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`residents in this District and one or both parties performed the contract at least in part in the State
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`of Texas and this District; TI committed the tort of patent infringement in State of Texas and this
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`District; TI purposefully availed itself of the privileges of conducting business in the State of
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`Texas and in this District; TI regularly conducts and solicits business within the State of Texas
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`and within this District; TI recruits residents of the State of Texas and this District for
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`employment inside or outside the State of Texas; Plaintiff’s causes of action arise directly from
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`TI’s business contacts and other activities in the State of Texas and this District; and TI
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`distributes, makes available, imports, sells and offers to sell products and services throughout the
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`United States, including in this judicial District, and introduces infringing products and services
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`that into the stream of commerce knowing that they would be used and sold in this judicial
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`district and elsewhere in the United States.
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`14.
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`On information and belief, Defendant TI designs, develops, manufactures, sells,
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`offers to sell, and/or imports products, devices, systems, and/or components of systems,
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`6
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`EX1039, Page 8
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`CASE 0:23-mc-00104-JFD Doc. 4-1 Filed 11/16/23 Page 8 of 149
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`including the Accused Products, that either infringe or support the infringement of the patents
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`asserted in this action.
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`15.
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`On information and belief, TI sells and offers to sell products and services
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`throughout the United States and in Texas, including in this District, through major electronics
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`retailers in the United States, and in concert and partnership with third parties.
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`16.
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`Furthermore, personal jurisdiction over TI in this action comports with due
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`process. TI has conducted and regularly conducts business within the United States and this
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`District. TI has purposefully availed itself of the privileges of conducting business in the United
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`States, and more specifically in the State of Texas and this District. TI has sought protection and
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`benefit from the laws of the State of Texas by making available products and services, including
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`websites and associated web pages, that infringe the Asserted Patents with the awareness and/or
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`intent that they will be used (or visited) by consumers in this District. Having purposefully
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`availed itself of the privilege of conducting business within this District, TI should reasonably
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`and fairly anticipate being brought into court here.
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`17.
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`Venue is proper in this judicial district under 28 U.S.C. § 1391 and 28 U.S.C.
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`§1400(b). On information and belief, TI has a regular and established place of business in this
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`District, including at least at 6412 US-75, Sherman, TX 75090. On information and belief, TI’s
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`acts of infringement have taken place within this District. On information and belief, TI’s
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`presence in this District is substantial, including at least at 6412 US-75, Sherman, TX 75090.
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`TI’s presence in this District includes an 80,000 square foot, 150 mm fabrication facility that
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`produces over 4,500 device types, including at least semiconductors and integrated circuits for
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`use in multiple automotive, commercial, military, and space applications.
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`7
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`EX1039, Page 9
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`CASE 0:23-mc-00104-JFD Doc. 4-1 Filed 11/16/23 Page 9 of 149
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`18.
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`Additionally, TI—directly or through intermediaries (including distributors,
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`retailers, and others), subsidiaries, alter egos, and/or agents—ships, distributes, offers for sale,
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`and/or sells its products and services in the United States and this District. TI has purposefully
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`and voluntarily placed one or more of its products into the stream of commerce through the
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`accused instrumentalities that infringe the patents asserted in this action with the awareness
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`and/or intent that they will be purchased by consumers in this District. TI knowingly and
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`purposefully ships infringing products into, and within, this District. These infringing products
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`have been, and continue to be, purchased by consumers and businesses in this District.
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`THE ASSERTED PATENTS
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`19.
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`On September 22, 2015, U.S. Patent No. 9,138,862 (“the ’862 patent”), entitled
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`“CMP Pad Dresser Having Leveled Tips and Associated Methods” was duly and legally issued
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`by the United States Patent and Trademark Office. A true and correct copy of the ’862 patent is
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`attached as Exhibit 1.
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`20.
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`Plaintiff is the assignee and owner of the right, title and interest in and to the ’862
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`patent, and holds the right to sue and recover damages for infringement thereof, including past
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`infringement.
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`21.
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`On August 8, 2017, U.S. Patent No. 9,724,802 (“the ’802 patent”), entitled “CMP
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`Pad Dressers Having Leveled Tips and Associated Methods” was duly and legally issued by the
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`United States Patent and Trademark Office. A true and correct copy of the ’802 patent is
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`attached as Exhibit 2.
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`22.
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`Plaintiff is the assignee and owner of the right, title and interest in and to the ’802
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`patent, and holds the right to sue and recover damages for infringement thereof, including past
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`infringement.
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`8
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`EX1039, Page 10
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`CASE 0:23-mc-00104-JFD Doc. 4-1 Filed 11/16/23 Page 10 of 149
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`23.
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`On March 10, 2015, U.S. Patent No. 8,974,270 (“the ’270 patent”), entitled “CMP
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`Pad Dresser Having Leveled Tips and Associated Methods” was duly and legally issued by the
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`United States Patent and Trademark Office. A true and correct copy of the ’270 patent is
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`attached as Exhibit 3.
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`24.
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`Plaintiff is the assignee and owner of the right, title and interest in and to the ’270
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`patent, and holds the right to sue and recover damages for infringement thereof, including past
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`infringement.
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`25.
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`The ’862, ’802, and ’270 patents (collectively, “Asserted Patents”) generally
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`relate to chemical mechanical polishing/planarization (“CMP”) pad dressers and dressing and
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`conditioning methods associated with pad conditioning (e.g., smoothing, polishing, and
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`dressing), and the CMP polishing of a work piece such as an integrated circuit or semiconductor
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`wafer.
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`26.
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`In manufacturing semiconductor wafers, one important physical trait is their
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`surface flatness and smoothness. To achieve these important physical characteristics, CMP
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`techniques, which involve pad polishing and conditioning, are generally used to planarize the
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`wafer surface through both chemical and mechanical reactions, whereby protrusions and residues
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`existing on the surface of a wafer chemically react with a slurry supplied to the wafer at the same
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`time when they are planarized mechanically by rotation of a polishing pad. In CMP, the quality
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`of the polishing pad dictates the removal rate, planarization, and uniformity, and thus plays a key
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`role in the overall performance of the polishing process.
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`27.
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`To optimize the condition and minimize deformation of the pad, a pad dresser is
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`used to dress the pad so as to remove debris and by-products in the pad (e.g., deglazing the pad)
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`9
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`EX1039, Page 11
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`CASE 0:23-mc-00104-JFD Doc. 4-1 Filed 11/16/23 Page 11 of 149
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`and to regenerate new pad surface sufficient to open up asperities in the pad surface to capture
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`and hold chemical slurry for cleaning the semiconductor wafer.
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`28.
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`As discussed above, the pad dresser is used to create and form pad asperities in
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`the pad, which in turn polish the semiconductor wafer. In polishing, the dresser’s tips profile
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`generally dictates the pad asperities profile. Due to the miniaturization of transistors and
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`advancement of manufacturing technologies, these tips must be stringently coordinated (e.g., in
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`terms of count, configuration, spacing, and cutting depth) to avoid any possibility of damaging
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`the semiconductor wafer (e.g., via scratches on wafer surface or underlying metal-interconnect).
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`The Asserted Patents are generally directed to providing a pad dresser with optimized tips for
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`performing CMP polishing and conditioning using the same.
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`COUNT I – INFRINGEMENT OF U.S. PATENT NO. 9,138,862
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`29.
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`Plaintiff incorporates and realleges the preceding paragraphs as if fully set forth
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`herein.
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`30.
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`At least as of December 8, 2021, Dr. Sung placed TI on actual notice of the ’862
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`patent and actual notice that its actions constituted and continued to constitute infringement of
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`the ’862 patent. TI has had actual knowledge of the ’862 patent and its own infringement of the
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`’862 patent since at least that time.
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`31.
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`On information and belief, Defendant TI has directly infringed and continues to
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`infringe at least claim 1 of the ’862 patent literally or under the doctrine of equivalents, by
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`importing into the United States, and/or making, using, and/or selling, and/or offering for sale in
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`the United States, without authority or license, semiconductor devices and/or integrated circuits
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`designed, developed, fabricated and/or manufactured using certain infringing CMP pad
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`conditioners, including 3M’s pad conditioners, Saesol’s CMP pad conditioners, Shinhan’s CMP
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`pad conditioners, AT’s CMP pad conditioners, EHWA’s pad conditioners, and/or similar pad
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`10
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`EX1039, Page 12
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`CASE 0:23-mc-00104-JFD Doc. 4-1 Filed 11/16/23 Page 12 of 149
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`conditioners (e.g., pad conditioners with the same claimed structural characteristics and
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`manufactured by other pad conditioner manufacturers) (“’862 Accused Instrumentalities”), and
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`systems, products, and/or devices containing these semiconductor devices and/or integrated
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`circuits including at least the Accused Products in violation of 35 U.S.C. § 271(a). The Accused
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`Products are/were manufactured and/or fabricated using pad conditioners with the claimed
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`structural characteristics. Each such product includes an integrated circuit fabricated or
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`manufactured using, for example, at least one of 3M’s Trizact or Diamond pad conditioners,
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`Seasol’s Standard or Hive pad conditioners, Shinhan’s Diamond pad conditioners, AT’s Infinity
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`II pad conditioners; and/or EHWA’s CVD CMP pad conditioners.
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`32.
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`On information and belief, TI sells and/or offers for sale the Accused Products in
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`the United States. For example, TI provides direct sales through its own sales channels and/or its
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`distributors and sells the Accused Products to businesses including original equipment
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`manufacturers and electronic manufacturing service providers. On information and belief, these
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`direct sales include sales of the Accused Products in the United States. For example, TI engages
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`in sales, marketing, and contracting activity in the United States and/or with United States offices
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`of its customers.
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`33.
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`Discovery is expected to uncover the full extent of TI’s infringement of the ’862
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`patent beyond the Accused Products already identified herein.
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`34.
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`Additionally, on information and belief, TI has directly infringed and continues to
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`infringe at least claim 1 of the ’862 patent literally or under the doctrine of equivalents, by
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`importing into the United States, and/or making, using, and/or selling, and/or offering for sale in
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`the United States, without authority or license, the Accused Products, in violation of 35 U.S.C. §
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`271(g). On information and belief, Defendant TI imports the Accused Products into the United
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`11
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`EX1039, Page 13
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`CASE 0:23-mc-00104-JFD Doc. 4-1 Filed 11/16/23 Page 13 of 149
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`States for sales and distribution to customers located in and outside the United States. On
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`information and belief, Defendant TI sells and/or offers for sale the Accused Products in the
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`United States. For example, Defendant TI provides direct sales through its own sales channels
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`and/or its distributors or contract manufacturers and sells the Accused Products to businesses
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`including original equipment manufacturers and electronic manufacturing service providers. On
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`information and belief, these direct sales include sales of the Accused Products in the United
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`States. For example, Defendant TI engages in sales, marketing, and contracting activity in the
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`United States and/or with United States offices of its customers.
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`35.
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`The Accused Products are/were manufactured by a process including all of the
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`limitations of at least claim 1 of the ’862 patent. The Accused Products are/were made by the
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`claimed methods. Each of the Accused Products, for example, is or contains an integrated circuit
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`fabricated or manufactured using, for example, at least one of the ’862 Accused
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`Instrumentalities, such as 3M’s pad conditioners (e.g., Trizact or Diamond), Saesol’s pad
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`conditioners (Standard or Hive ), Shinhan’s pad conditioners (e.g., Diamond), AT’s pad
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`conditioners (e.g., Infinity II), or EHWA’s pad conditioners (e.g., CVD CMP).
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`36.
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`For example, during the manufacture of the Accused Products, Defendant TI uses
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`the ’862 Accused Instrumentalities to perform the steps of: pressing a CMP pad dresser (e.g., any
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`of 3M’s Trizact or Diamond pad conditioner, Saesol’s Standard or Hive pad conditioner,
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`Shinhan’s Diamond pad conditioner, AT’s Infinity II pad conditioner, or EHWA’s CVD CMP
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`pad conditioner) against a CMP pad, the dresser including a monolayer of a plurality of
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`superabrasive particles protruding from a matrix layer, wherein the difference in protrusion
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`distance between the highest protruding tip and the second highest protruding tip of the
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`monolayer of superabrasive particles is less than or equal to about 10 microns and the difference
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`in protrusion distance between the highest 10 protruding tips of the monolayer of superabrasive
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`particles are within about 20 microns or less; and rotating the dresser against the CMP pad such
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`that asperities are cut into the CMP pad having a maximum cutting depth of about 60 microns.
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`On information and belief, TI contracted and continues to contract with at least one of 3M,
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`Seasol, Shinhan, AT and/or EWHA to purchase and use the ’862 Accused Instrumentalities with
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`the claimed structural characteristics for the manufacture or fabrication of the Accused Products
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`by or on behalf of TI.
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`37.
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`Attached hereto as Exhibits 4-8, and incorporated by reference herein, are claim
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`charts detailing how the ’862 Accused Instrumentalities are used to manufacture or fabricate the
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`Accused Products and satisfy each element of at least claim 1 of the ʼ862 patent, literally or
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`under the doctrine of equivalents. For example, each chart illustrates a representative pad
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`conditioner from 3M, Saesol, Shinhan, AT, and EHWA (e.g., 3M’s Trizact pad conditioner,
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`Saesol’s Standard or Hive pad conditioner, Shinhan’s Diamond pad conditioner, AT’s Infinity II
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`pad conditioner, and EHWA’s CVD CMP pad conditioner), which is representative of the
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`remaining ’862 Accused Instrumentalities (including any pad conditioners that remain unknown
`
`to Plaintiff) because the representative pad conditioner has the same claimed structural
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`characteristics as these remaining ’862 Accused Instrumentalities.
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`38.
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`On information and belief, at least as of December 8, 2021, TI has induced and
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`continues to induce others, including third-party pad conditioner manufacturers, to infringe one
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`or more claims of the ʼ862 patent, including, but not limited to, claim 1, pursuant to 35 U.S.C.
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`§ 271(b), by actively encouraging or inducing them to make, use, sell and/or offer to sell in the
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`United States, the ʼ862 Accused Instrumentalities with the claimed characteristics for the
`
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`manufacture of the Accused Products, through TI’s commitment to purchase the ʼ862 Accused
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`Instrumentalities and actual order placement for the ʼ862 Accused Instrumentalities.
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`39.
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`On information and belief, at least as of December 8, 2021, TI also has induced
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`and continues to induce others actively, knowingly, and intentionally, including its suppliers and
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`contract manufacturers, to infringe one or more claims of the ʼ862 patent, including, but not
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`limited to, claim 1, pursuant to 35 U.S.C. § 271(b), by actively encouraging others to import into
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`the United States, and/or make, use, sell, and/or offer to sell in the United States, the Accused
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`Products or systems, devices, or products containing the Accused Products, by actively inducing
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`others to infringe the ʼ862 patent by making, using, selling, offering for sale, marketing,
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`advertising, and/or importing the Accused Products to their customers for use in downstream
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`products that infringe, or were manufactured using processes that infringe, the ʼ862 patent, and
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`by instructing others to infringe the ʼ862 patent.
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`40.
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`For example, TI actively promotes the sale and importation of the Accused
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`Products in marketing materials, technical specifications, data sheets, web pages on its website
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`(e.g., https://www.ti.com), press releases, training tutorials, development and design tools, user
`
`manuals, and developer forums as well as at trade shows (e.g., the Consumer Technology
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`Association’s Consumer Electronics Show (“CES”)) and through its sales and distribution
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`channels that encourage infringing sales, offers to sell, and importation of the Accused Products.
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`As another example, TI’s representatives travel to customer sites in and outside the United States
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`for sales, support, and/or importation activities that include working with customers to facilitate
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`these customers’ infringing testing, marketing, importation, and sales activity. On information
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`and belief, TI supplies customers with Accused Products so that they may be imported, sold, or
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`offered for sale by those customers, and/or incorporated into third-party products (more below).
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`For example, TI provides direct sales to original equipment manufacturers and electronic
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`manufacturing service providers. On information and belief, these direct sales include sales to
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`customers in and outside the United States. TI also promotes, publicly on its website, uses of the
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`Accused Products by customers in the United States. TI additionally provides a wide range of
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`technical support to its customers and businesses in connection with the Accused Products made
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`using the ’862 Accused Instrumentalities by or on behalf of TI, including product-specific
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`solutions (see, e.g., https://education.ti.com/en/customer-support; https://ticsc.service-
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`now.com/csm; https://www.ti.com/info/contact-us.html) and community forums (e.g.,
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`https://e2e.ti.com/).
`
`41.
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`On information and belief, TI also actively encourages third-party pad conditioner
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`manufacturers so that the ’862 Accused Instrumentalities may be designed, developed, used,
`
`imported, sold, or offered for sale to TI with the claimed structural characteristics. On
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`information and belief, TI assisted and continues to assist these third-party manufacturers,
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`directly and/or through intermediaries, in the design, development or manufacture of the ’862
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`Accused Instrumentalities, and provides technical support or supports the sales and importation
`
`of the ’862 Accused Instrumentalities (as well as the Accused Products that are/were
`
`manufactured using the ’862 Accused Instrumentalities).
`
`42.
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`In addition, on information and belief, TI sells or offers for sale the Accused
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`Products to third parties that incorporate the Accused Products into third party products (“the
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`ʼ862 Third Party Products”).
`
`43.
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`On information and belief, TI assists third parties, directly and/or through
`
`intermediaries, in the development and manufacture of the ʼ862 Third Party Products and
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`provides technical support and supports the sales and importation of the ʼ862 Third Party
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`Products.
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`44.
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`On information and belief, the ʼ862 Third Party Products are imported into the
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`United States for use, sale, and/or offer for sale in this District and throughout the United States
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`(“Imported ʼ862 Third Party Products”).
`
`45.
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`On information and belief, to the extent any entity other than TI, including but not
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`limited to any of TI’s third-party importers, imports the Accused Products and/or ʼ862 Third-
`
`Party Products into the United States for or on b