Case 2:16-cv-00134-JRG-RSP Document 42 Filed 05/27/16 Page 1 of 36 PageID #: 463
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`GODO KAISHA IP BRIDGE 1,
`
`
`
`
`
`
`
`
`
`
`
`Plaintiff,
`
`Defendants.
`
`Case No. 2:16-cv-134
`
`
`
`DEMAND FOR JURY TRIAL
`
`
`
` v.
`
`
`
`
`
`
`BROADCOM LIMITED, BROADCOM
`CORPORATION, AVAGO TECHNOLOGIES,
`LTD., AVAGO TECHNOLOGIES U.S., INC.,
`and LSI CORPORATION
`
`
`
`
`
`
`
`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`
`Plaintiff Godo Kaisha IP Bridge 1 (“IP Bridge” or “Plaintiff”) hereby brings this First
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`Amended Complaint for Patent Infringement (“First Amended Complaint”) against Broadcom
`
`Limited (“Broadcom Ltd.”), Broadcom Corporation (“Broadcom Corp.”), Avago Technologies,
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`Ltd. (“Avago Tech.”), Avago Technologies U.S., Inc. (“Avago U.S.”), and LSI Corporation
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`(“LSI”) (collectively, “Broadcom” or “Defendants”). Plaintiff, on personal knowledge as to its
`
`own acts, and on information and belief as to all others based on investigation, alleges as follows:
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`NATURE OF THE ACTION
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`1.
`
`This is an action brought by IP Bridge against Defendants for infringement of U.S.
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`Patent Nos. 6,538,324 (“the ’324 Patent”), 6,197,696 (“the ’696 Patent”), 7,126,174 (“the ’174
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`Patent”), 8,354,726 (“the ’726 Patent”), RE43,729 (“the RE’729 Patent”), and RE41,980 (“the
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`RE’980 Patent”) (collectively, “the Asserted Patents”).
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`

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`Case 2:16-cv-00134-JRG-RSP Document 42 Filed 05/27/16 Page 2 of 36 PageID #: 464
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`THE PARTIES
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`2.
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`Plaintiff IP Bridge is a Japanese corporation with its principal place of business
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`located at c/o Sakura Sogo Jimusho, 1-11 Kanda Jimbocho, Chiyoda-ku, Tokyo, 101-0051,
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`Japan. IP Bridge owns the Asserted Patents.
`
`3.
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`Upon information and belief, Defendant Broadcom Ltd. is a corporation
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`organized under the laws of the country of Singapore with principal places of business at 1320
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`Ridder Park Dr., San Jose, California 95131 and 1 Yishun Avenue 7, Singapore 768923.
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`4.
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`Upon information and belief, Defendant Broadcom Corp. is a California
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`corporation with a principal place of business at 5300 California Avenue, Irvine, California
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`92617. Upon information and belief, Broadcom Corp. is a wholly owned subsidiary of
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`Broadcom Ltd. and an affiliate of Avago Tech. Broadcom Corp. is authorized to do business in
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`Texas, and may be served by serving its registered agent National Registered Agents, Inc., 1999
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`Bryan Street, Suite 900, Dallas, Texas 75201-3140.
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`5.
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`Upon information and belief, Defendant Avago Tech. is a corporation organized
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`under the laws of the country of Singapore with principal places of business at 1320 Ridder Park
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`Dr., San Jose, California 95131 and 1 Yishun Avenue 7, Singapore 768923. Upon information
`
`and belief, Avago Tech. is a wholly owned subsidiary of Broadcom Ltd. and an affiliate of
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`Broadcom Corp.
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`6.
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`Upon information and belief, Defendant Avago U.S. is a Delaware corporation
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`with a principal place of business at 1320 Ridder Park Dr., San Jose, California 95131. Upon
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`information and belief, Avago U.S. is a wholly owned subsidiary of Broadcom Ltd. and Avago
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`Tech., and an affiliate of Broadcom Corp.
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`7.
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`Upon information and belief, Defendant LSI is a Delaware corporation with a
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`principal place of business at 1621 Barber Ln., Milpitas, CA 95053. Upon information and
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`Case 2:16-cv-00134-JRG-RSP Document 42 Filed 05/27/16 Page 3 of 36 PageID #: 465
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`belief, LSI is a wholly owned subsidiary of Avago Tech., and an affiliate of Broadcom Corp.
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`LSI is authorized to do business in Texas, and may be served by serving its registered agent
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`Corporation Service Company DBA CSC – Lawyers Incorporating Service Company, 211 E. 7th
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`Street, Ste. 620, Austin, TX 78701.
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`JURISDICTION AND VENUE
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`8.
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`This is an action arising under the patent laws of the United States. Accordingly,
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`this Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331 (federal question) and
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`1338(a) (action arising under an Act of Congress relating to patents).
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`9.
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`This Court has general and specific personal jurisdiction over Defendants at least
`
`in part because Defendants are present in and/or transact and conduct business in and with
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`residents of this District and the State of Texas. IP Bridge’s causes of action arise, at least in part,
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`from Defendants’ contacts with and activities in the State of Texas and this District. Upon
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`information and belief, Defendants have committed acts of infringement within this District and
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`the State of Texas by, inter alia, directly and/or indirectly making, selling, offering for sale,
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`importing, and/or using products that infringe one or more claims of the Asserted Patents.
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`Defendants, directly and/or through intermediaries, use, sell, ship, distribute, offer for sale,
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`and/or advertise or otherwise promote their products in the State of Texas and this District.
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`10. Moreover, Defendants regularly conduct and solicit business in, engage in other
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`persistent courses of conduct in, and/or derive substantial revenue from goods and services
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`provided to residents of, the States of Texas and this judicial District. For example, Broadcom
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`Corp. has significant operations in Texas, including facilities in at least Dallas, Austin, and
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`Houston. In addition, Broadcom Corp. has availed itself of the benefits and protections of the
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`state’s laws by filing suit in this District. Avago Tech. has significant operations in Texas,
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`including operations associated with LSI, its wholly owned subsidiary, and Avago Tech.’s
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`Case 2:16-cv-00134-JRG-RSP Document 42 Filed 05/27/16 Page 4 of 36 PageID #: 466
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`acquisition of Texas-based East Texas Integrated Circuits, Inc. in 2010 as a wholly owned
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`subsidiary. Avago Tech. also has availed itself of the benefits and protections of the state’s laws
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`by filing two patent infringement lawsuits in this District in the past year through its wholly
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`owned subsidiary Avago Technologies General IP (Singapore) PTE LTD. Avago Tech. has
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`reported that it distributes a substantial portion of its products through electronic components
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`distributors, including Arrow Electronic, Inc., which maintains locations throughout the State of
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`Texas, including in this District. Avago US employs at least 60 individuals at offices it
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`maintains in Texas, including in Austin and Richardson, TX. LSI has significant operations in
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`Texas and this District, including facilities in Plano, Austin, and Houston. LSI has also availed
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`itself of the benefits and protections of the state’s laws by filing a lawsuit in this District.
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`11.
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`Furthermore, Defendants have purposefully and voluntarily placed one or more
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`infringing products into the stream of commerce with the expectation that they will be purchased
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`and/or used by residents of this District and/or incorporated into downstream products purchased
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`by consumers in this District, including by directly or indirectly working with subsidiaries,
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`distributors, and other entities located in Texas to ensure their products reach Texas and this
`
`judicial District. More particularly, upon information and belief, at least Broadcom Ltd. and
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`Avago Tech. have caused one or more of their subsidiaries, including Broadcom Corp., Avago
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`US, and/or LSI, to place accused products in the stream of commerce knowing and intending that
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`such products will reach residents of this state and District.
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`12.
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`Upon information and belief, Broadcom Ltd. has official distributors located in
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`Plano, Texas; Richardson, Texas; Austin, Texas; Houston, Texas; and Sugarland, Texas.
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`Broadcom Ltd. maintains sales offices in Addison, Texas; Houston, Texas; and Round Rock,
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`Texas. Upon information and belief, Avago Tech. maintains a webpage that tells customers that
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`they can purchase products through Avago Technologies Authorized Distributors in their region
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`or country. Upon information and belief, Avago Tech. has an official distributor located in
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`Mansfield, Texas.
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`13.
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`In addition, Defendants maintain highly interactive and commercial websites,
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`accessible to residents of Texas and this judicial District, through which Defendants promote
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`their products and services, including products that infringe the Asserted Patents.
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`14.
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`Upon information and belief, Broadcom Ltd. maintains a website at
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`www.broadcom.com that advertises products available for sale in the United States. Broadcom
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`Ltd.’s website directs customers to its sales representatives and distributors, including those
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`located in Texas.
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`15.
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`Upon information and belief, Avago Tech. enters Direct Purchasing Agreements
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`with customers. Avago Tech. maintains a website at http://www.avagotech.com/ that allows
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`customers with Direct Purchasing Agreements, including customers in Texas, to order samples
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`of products online. Avago Tech.’s website includes a link titled “How to Buy,” which directs
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`consumers in the United States to purchase Avago Tech.’s products from Broadcom Ltd.’s
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`Americas Sales Office in San Jose, California. Avago Tech.’s website also includes a
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`submission form that allows customers, including those in Texas, to input information in order to
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`obtain technical support from Avago Tech.
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`16.
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`Avago Tech.’s website allows customers to download White Papers and product
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`selection guides.
`
`17.
`
`Upon information and belief, Broadcom Ltd. published a “Broadcom Limited
`
`Company Overview” in March 2016. A copy of the Broadcom Limited Company Overview is
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`attached hereto as Exhibit A.
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`18.
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`The Broadcom Limited Company Overview is available on Broadcom’s website.
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`In the Broadcom Limited Company Overview, Broadcom Ltd. shows that it has a design site
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`located in Austin Texas having more than 100 employees.
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`19.
`
`IP Bridge incorporates by reference the allegations of paragraph 22-36 of this
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`First Amended Complaint.
`
`20.
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`Venue is proper in this District under 28 U.S.C. §§ 1391 and 1400(b) for at least
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`the reasons set forth above.
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`DEFENDANTS’ INFRINGING PRODUCTS AND ACTIVITIES
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`21.
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`IP Bridge realleges and incorporates by reference the allegations of paragraphs 1-
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`20 of this First Amended Complaint.
`
`22.
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`Defendants are global manufacturers and suppliers of semiconductor components
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`and products for use in consumer and enterprise products, systems, and services. Defendants
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`design, make, use, sell, offer for sale, import into the United States, and provide support for
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`semiconductor products, such as products with the part name of number BCM4334, BCM43224,
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`LSI SAS3108, BCM23550, BCM11140, BCM15700, BCM2048, BCM2049, BCM2070,
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`BCM20702, BCM20702HA, BCM20702HB, BCM20703, BCM2070B, BCM20710,
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`BCM20730, BCM20733, BCM20733HA, BCM2074x, BCM2075, BCM2077x, BCM20791,
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`BCM20792, BCM20793, BCM20795, BCM2085, BCM2091, BCM2091C0, BCM2093,
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`BCM21331, BCM21334, BCM2153, BCM21551, BCM21553, BCM2157, BCM21654,
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`BCM21664, BCM21892, BCM2763, BCM28145, BCM28155, BCM2930, BCM2940,
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`BCM3123, BCM3124, BCM3127, BCM3128, BCM3325, BCM3383, BCM3461, BCM3471,
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`BCM3472, BCM4313, BCM43142, BCM4322, BCM43241, BCM4325, BCM4329, BCM4330,
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`BCM43340, BCM43341, BCM43342, BCM4335, BCM4551, BCM4704, BCM4707, BCM4708,
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`BCM4708x, BCM4709, BCM4716, BCM4717, BCM4718, BCM4751, BCM47511, BCM4752,
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`Case 2:16-cv-00134-JRG-RSP Document 42 Filed 05/27/16 Page 7 of 36 PageID #: 469
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`BCM47521, BCM4760, BCM53010, BCM53115, BCM53125, BCM53134, BCM54380,
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`BCM54382, BCM54684, BCM59001, BCM68620, BCM7023, BCM7043, BCM7229,
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`BCM7230, BCM7231, BCM7241, BCM7242, BCM7358, BCM7364, BCM7399, BCM7405,
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`BCM7422, BCM7424, BCM7425, BCM7428, BCM7429, BCM7435, BCM7445, BCM7542,
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`BCM7552, BCM7574, BCM7581, BCM7582, BCM7583, BCM7584, BCM7592, BCM82004,
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`BCM82040, BCM82328, BCM82381, BCM82790, BCM84145, BCM84146, BCM84147,
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`BCM84148, BCM84750 series, BCM84756, BCM84833, BCM84834, BCM84848, BCM8953x,
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`BCM92070, NLA12000 series, BCM4750, PEX8696-AA50BC F, PEX8680-AA50BC F,
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`PEX8664-AA50RBC F, PEX8649-AA50RBC F, PEX8636-AA50RBC F, PEX8625-AA50BC F,
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`XLP® 800 Series Processors, XLP® 200 Series Processors, LSI B64002, LSI SF2281,
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`PEX9712-AA80BI G, PEX9716-AA80BC G, PEX9733-AA80BC G, PEX9749-AA80BC G,
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`PEX9765-AA80BC G, PEX9781-AA80BI G, PEX9797-AA80BC G, PEX8712-AA80BC G,
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`PEX8712-BA80BC G, PEX8712-CA80BC G, PEX8713-BA80BC G, PEX8713-CA80BC G,
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`PEX8714-AA80BI G, PEX8714-BA80BI G, PEX8715-BA80BI G, PEX8716-AA80BC G,
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`PEX8716-BA80BC G, PEX8716-CA80BC G, PEX8717-BA80BC G, PEX8717-CA80BC G,
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`PEX8718-AA80BI G, PEX8718-BA80BI G, PEX8719-BA80BI G, PEX8724-AA80BC G,
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`PEX8724-BA80BC G, PEX8724-CA80BC G, PEX8725-BA80BC G, PEX8725-CA80BC G,
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`PEX8732-AA80BC G, PEX8732-BA80BC G, PEX8732-CA80BC G, PEX8733-BA80BC G,
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`PEX8733-CA80BC G, PEX8734-AA80BI G, PEX8734-BA80BI G, PEX8735-BA80BI G,
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`PEX8747-AA80BC G, PEX8747-AA80BFBC G, PEX8747-AA80FBC G, PEX8747-BA80BC
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`G, PEX8747-BA80BFBC G, PEX8747-BA80FBC G, PEX8747-CA80BC G, PEX8747-
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`CA80BFBC G, PEX8747-CA80FBC G, PEX8748-AA80BC G, PEX8748-BA80BC G,
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`PEX8748-CA80BC G, PEX8749-AA80BC G, PEX8749-BA80BC G, PEX8749-CA80BC G,
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`PEX8750-AA80BI G, PEX8750-BA80BI G, PEX8751-BA80BI G, PEX8764-AA80BI G,
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`PEX8764-BA80BI G, PEX8765-BA80BI G, PEX8780-AA80BI G, PEX8780-BA80BI G,
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`PEX8781-BA80BI G, PEX8796-AA80BI G, PEX8796-BA80BI G, PEX8797-BA80BI G,
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`Vortex Gearbox series including AVSP-1104, Vortex Signal Integrity series including AVSP-
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`4412 and AVSP-8801, LSI TrueStore SoCs including RC5100, SerDes core products (25G, 30G
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`and 32G), NAS7715-AABC F, NAS7820-AABC F, NAS7821-AABC F, NAS7825-AABC F,
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`LSI CMUSE-B2B2-L, LSI TrueStore RC2500, LSI TrueStore RC8000, LSI TrueStore PHY8000,
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`LSI 9361-4i, LSI 9361-8i, LSI 9380-4i4e, LSI 9380-8e, and other 28nm, 40nm, 65nm, and
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`90nm process node semiconductor products that incorporate similar circuitry, have similar
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`structures, features, or functionalities, and/or are made by similar manufacturing processes, as
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`the aforementioned products (collectively, “accused semiconductor products”). Defendants also
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`design, make, use, sell, offer for sale, import into the United States, and provide support for
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`semiconductor products that include ARM Cortex A9 CPUs, ARM Cortex A7 CPUs, ARM
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`Cortex A15 CPUs, and/or which otherwise support the ARMv7 and/or ARM v7-A instruction
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`sets, including BCM11xxx, BCM2xxx(x), BCM58xxx, AXE4500, and AXM5500 series
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`products (collectively, “ARM Cortex products”).
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`23.
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`Defendants depend at least in part on foundry subcontractors located in Asia, such
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`as Taiwan Semiconductor Manufacturing Corporation, to manufacture a majority of their
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`products, including the accused semiconductor products and ARM Cortex products, according to
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`Defendants’ product and process specifications.
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`24.
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`Defendants sell their products in the United States through a direct sales force,
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`which is located in offices throughout the United States, including Texas, and also use
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`distributors and manufacturers’ representatives, as well as authorized retailers.
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`25.
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`Upon information and belief, Broadcom Ltd. publishes news releases announcing
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`new products and developments in its semiconductor products. Some of these news releases
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`direct customers to reach out to local Broadcom sales representatives for pricing of Broadcom
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`Ltd.’s products.
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`26.
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`Upon information and belief, both Broadcom Ltd. and Avago Tech. maintain
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`websites that advertise the accused devices, including identifying the applications for which the
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`accused devices can be used.
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`27.
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`Defendants’ semiconductor products are integrated into devices made, used, sold,
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`offered for sale, and/or imported into the United States, by original equipment manufacturers,
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`distributors, and other third parties. Defendants’ accused semiconductor products and ARM
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`Cortex products are essential, non-trivial components of the products into which they are
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`integrated. For example, the BCM4334 chip is a complete wireless connectivity system with
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`ultra-low power consumption for mass-market smartphones.
`
`28.
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`The Broadcom Limited Company Overview discusses details of the products that
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`Broadcom Ltd. sells. The Broadcom Limited Company Overview includes information relating
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`to the percentage revenue by technology segment for the accused devices sold by Broadcom Ltd.
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`The information relating to percentage revenue is identified by Broadcom Limited as “Avago
`
`Technologies Limited historical results.”
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`29.
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`Broadcom Ltd. has a Chief Technical Officer who is responsible for driving the
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`company vision for engineering research and development activities. Broadcom Ltd. has a Chief
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`Sales Officer who is responsible for global sales and marketing across all business divisions of
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`Broadcom Ltd. Upon information and belief, the activities of the Chief Technical Officer and
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`the Chief Sales Officer are directly or indirectly related to Broadcom Ltd.’s making, using selling,
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`offering to sell and/or importing into the United States Broadcom Ltd.’s semiconductor products.
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`30.
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`Upon information and belief, on March 10, 2016, Broadcom Ltd. filed with the
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`United States Securities and Exchange Commission a Form 10-Q. A copy of the Form 10-Q is
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`attached hereto as Exhibit B.
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`31.
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`Broadcom Ltd.’s Form 10-Q has a “Statement of Operations” section that
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`identifies expenses for activities by Broadcom Ltd. that are related to their semiconductor
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`products, including “Research and development” and “Costs of products sold.” Broadcom Ltd.’s
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`Form 10-Q states, “We sell our products primarily through our direct sales force, distributors and
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`manufacturers' representatives.” Broadcom Ltd.’s Form 10-Q also states that Broadcom Ltd.
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`relies on third-party foundries for wafer fabrication. Upon information and belief, these
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`disclosures of Broadcom Ltd.’s Form 10-Q, in whole or in part, relate to at least some of the
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`accused semiconductor products and the ARM Cortex products.
`
`32.
`
`Upon information and belief, Avago Tech. filed with the United States Securities
`
`and Exchange Commission a Form 10-K on or about December 17, 2015. A copy of Avago
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`Tech.’s Form 10-K is attached hereto as Exhibit C.
`
`33.
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`Avago Tech.’s Form 10-K includes a list of major product families and major
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`applications in its business segments, and this list includes applications for its semiconductor
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`products accused of infringement in this First Amended Complaint. Avago Tech.’s Form 10-K
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`has a “Statement of Operations” section that identifies expenses for activities by Avago Tech.
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`that are related to their semiconductor products, including “Research and development” and
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`“Costs of products sold.” Avago Tech.’s Form 10-K states that Avago Tech. outsources
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`fabrication, assembly and test facilities, but that they also have their own proprietary fabrication
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`and test facilities. Upon information and belief, these disclosures of Avago Tech.’s Form 10-K,
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`in whole or in part, relate to at least some of the accused semiconductor products and the ARM
`
`Cortex products.
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`34.
`
`On February 1, 2016, Broadcom Corp. (and its subsidiaries) and Avago Tech.
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`(and its subsidiaries) completed a merger transaction and became wholly owned subsidiaries of
`
`newly formed entity, Broadcom Limited. Broadcom Corp., Avago Tech., Avago USA, and LSI,
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`are now jointly and wholly controlled by Broadcom Limited, their publicly traded parent
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`company. None of Broadcom Corp., Avago Tech., Avago USA, or LSI are themselves publicly
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`traded. A copy of the merger agreement for this transaction is attached hereto as Exhibit D.
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`35.
`
`The merger agreement identifies Avago Tech. as “a leading designer, developer
`
`and global supplier of a broad range of semiconductor devices” and says that Avago Tech.
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`“offers thousands of products that are used in end products such as smartphones, hard disk drives,
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`computer servers, consumer appliances, data networking and telecommunications equipment,
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`enterprise storage and servers, and factory automation and industrial equipment.”
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`36.
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`Defendants jointly operate to directly and/or indirectly make, use, sell, offer for
`
`sale, import into the United States, support, and encourage the use of the products accused of
`
`infringement herein. Upon information and belief, Broadcom Ltd. has directed and controlled
`
`activities of its subsidiaries that relate to the making, using, selling, offering for sale, or
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`importation into the U.S. of one of more of the products accused of infringement herein. Upon
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`information and belief Avago Tech. has directed and controlled activities of its subsidiaries that
`
`relate to the making, using, selling, offering for sale, or importation into the U.S. of one of more
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`of the products accused of infringement herein.
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`Case 2:16-cv-00134-JRG-RSP Document 42 Filed 05/27/16 Page 12 of 36 PageID #: 474
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`FIRST CLAIM FOR RELIEF
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`INFRINGEMENT OF U.S. PATENT NO. 6,197,696
`
`37.
`
`IP Bridge realleges and incorporates by reference the allegations of paragraphs 1-
`
`36 of this First Amended Complaint.
`
`38.
`
`On March 6, 2001, the United States Patent and Trademark Office (“USPTO”)
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`duly and legally issued the ’696 Patent, entitled “Method for Forming Interconnection Structure.”
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`A copy of the ’696 Patent is attached hereto as Exhibit E.
`
`39.
`
`IP Bridge owns by assignment the entire right, title, and interest in and to the ’696
`
`Patent, including the right to sue and recover damages, including damages for past infringement.
`
`40.
`
`41.
`
`The ’696 Patent is valid and enforceable under United States Patent Laws.
`
`Defendants have had knowledge of the ’696 Patent at least by virtue of the filing
`
`of the original Complaint in this action.
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`42.
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`Defendants have infringed and are infringing, directly and/or indirectly, either
`
`literally or under the doctrine of equivalents, at least claim 13 of the ’696 Patent in violation of at
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`least 35 U.S.C. § 271(a), (b), and/or (g), by making, having made, using, selling, offering for sale,
`
`and/or importing into the United States, Broadcom’s BCM4334, BCM4330, LSI B64002, LSI
`
`SAS3108 semiconductor products, and each and every Broadcom product incorporating the same
`
`or equivalent interconnection structure or made using the same or equivalent process, including
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`without limitation Broadcom’s 28nm, 40nm, and 65nm process node products, which, on
`
`information and belief, include products with the product numbers or names BCM23550,
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`BCM11140, BCM15700, BCM2048, BCM2049, BCM2070, BCM20702, BCM20702HA,
`
`BCM20702HB, BCM20703, BCM2070B, BCM20710, BCM20730, BCM20733,
`
`BCM20733HA, BCM2074x, BCM2075, BCM2077x, BCM20791, BCM20792, BCM20793,
`
`BCM20795, BCM2085, BCM2091, BCM2091C0, BCM2093, BCM21331, BCM21334,
`
`12
`
`

`

`Case 2:16-cv-00134-JRG-RSP Document 42 Filed 05/27/16 Page 13 of 36 PageID #: 475
`
`BCM2153, BCM21551, BCM21553, BCM2157, BCM21654, BCM21664, BCM21892,
`
`BCM2763, BCM28145, BCM28155, BCM2930, BCM2940, BCM3123, BCM3124, BCM3127,
`
`BCM3128, BCM3325, BCM3383, BCM3461, BCM3471, BCM3472, BCM4313, BCM43142,
`
`BCM43224, BCM4322, BCM43241, BCM4325, BCM4329, BCM43340, BCM43341,
`
`BCM43342, BCM4335, BCM4551, BCM4704, BCM4707, BCM4708, BCM4708x, BCM4709,
`
`BCM4716, BCM4717, BCM4718, BCM4751, BCM47511, BCM4752, BCM47521, BCM4760,
`
`BCM53010, BCM53115, BCM53125, BCM53134, BCM54380, BCM54382, BCM54684,
`
`BCM59001, BCM68620, BCM7023, BCM7043, BCM7229, BCM7230, BCM7231, BCM7241,
`
`BCM7242, BCM7358, BCM7364, BCM7399, BCM7405, BCM7422, BCM7424, BCM7425,
`
`BCM7428, BCM7429, BCM7435, BCM7445, BCM7542, BCM7552, BCM7574, BCM7581,
`
`BCM7582, BCM7583, BCM7584, BCM7592, BCM82004, BCM82040, BCM82328,
`
`BCM82381, BCM82790, BCM84145, BCM84146, BCM84147, BCM84148, BCM84750 series,
`
`BCM84756, BCM84833, BCM84834, BCM84848, BCM8953x, BCM92070, NLA12000 series,
`
`XLP® 800 Series Processors, XLP® 200 Series Processors, PEX9712-AA80BI G, PEX9716-
`
`AA80BC G, PEX9733-AA80BC G, PEX9749-AA80BC G, PEX9765-AA80BC G, PEX9781-
`
`AA80BI G, PEX9797-AA80BC G, PEX8712-AA80BC G, PEX8712-BA80BC G, PEX8712-
`
`CA80BC G, PEX8713-BA80BC G, PEX8713-CA80BC G, PEX8714-AA80BI G, PEX8714-
`
`BA80BI G, PEX8715-BA80BI G, PEX8716-AA80BC G, PEX8716-BA80BC G, PEX8716-
`
`CA80BC G, PEX8717-BA80BC G, PEX8717-CA80BC G, PEX8718-AA80BI G, PEX8718-
`
`BA80BI G, PEX8719-BA80BI G, PEX8724-AA80BC G, PEX8724-BA80BC G, PEX8724-
`
`CA80BC G, PEX8725-BA80BC G, PEX8725-CA80BC G, PEX8732-AA80BC G, PEX8732-
`
`BA80BC G, PEX8732-CA80BC G, PEX8733-BA80BC G, PEX8733-CA80BC G, PEX8734-
`
`AA80BI G, PEX8734-BA80BI G, PEX8735-BA80BI G, PEX8747-AA80BC G, PEX8747-
`
`13
`
`

`

`Case 2:16-cv-00134-JRG-RSP Document 42 Filed 05/27/16 Page 14 of 36 PageID #: 476
`
`AA80BFBC G, PEX8747-AA80FBC G, PEX8747-BA80BC G, PEX8747-BA80BFBC G,
`
`PEX8747-BA80FBC G, PEX8747-CA80BC G, PEX8747-CA80BFBC G, PEX8747-CA80FBC
`
`G, PEX8748-AA80BC G, PEX8748-BA80BC G, PEX8748-CA80BC G, PEX8749-AA80BC G,
`
`PEX8749-BA80BC G, PEX8749-CA80BC G, PEX8750-AA80BI G, PEX8750-BA80BI G,
`
`PEX8751-BA80BI G, PEX8764-AA80BI G, PEX8764-BA80BI G, PEX8765-BA80BI G,
`
`PEX8780-AA80BI G, PEX8780-BA80BI G, PEX8781-BA80BI G, PEX8796-AA80BI G,
`
`PEX8796-BA80BI G, PEX8797-BA80BI G, LSI SF2281, Vortex Gearbox series including
`
`AVSP-1104, Vortex Signal Integrity series including AVSP-4412 and AVSP-8801, LSI
`
`TrueStore SoCs including RC5100, SerDes core products (25G, 30G and 32G), NAS7715-
`
`AABC F, NAS7820-AABC F, NAS7821-AABC F, NAS7825-AABC F, LSI CMUSE-B2B2-L,
`
`LSI TrueStore RC2500, LSI TrueStore RC8000, LSI TrueStore PHY8000, LSI 9361-4i, LSI
`
`9361-8i, LSI 9380-4i4e, and LSI 9380-8e, which products are made using the patented process
`
`of at least claim 13 of the ’696 Patent, and which products are not materially changed by
`
`subsequent processes and do not become a trivial and nonessential component of another product
`
`(“the ’696 Accused Products”). For example, on information and belief, the ’696 Accused
`
`Products infringe at least claim 13 of the ’696 Patent because, at a minimum, they comprise an
`
`interconnection structure formed using the patented process of claim 13 that comprises the steps
`
`of, inter alia, forming insulating films, resist patterns, thin film, and mask pattern, dry-etching
`
`insulating films, and filling in wiring grooves and contact holes.
`
`43.
`
`Defendants’ actions alleged herein have actively induced and/or are continuing to
`
`actively induce infringement of at least claim 13 of the ’696 Patent by actively encouraging acts
`
`of direct infringement (for example, using, selling, offering for sale, and importing into the
`
`United States the ’696 Accused Products), and Defendants know (or believe that there is a high
`
`14
`
`

`

`Case 2:16-cv-00134-JRG-RSP Document 42 Filed 05/27/16 Page 15 of 36 PageID #: 477
`
`probability, but are taking deliberate steps to avoid knowing, including by not adequately
`
`investigating the activities of their foundry subcontractors or the intellectual property rights of IP
`
`Bridge), that they are inducing infringement by (a) contracting with and instructing others, such
`
`as their foundry subcontractors, to manufacture and/or import into the United States the ’696
`
`Accused Products made using IP Bridge’s patented processes, (b) encouraging and instructing
`
`other third parties, including OEMs, distributors, and other third parties, to import into the
`
`United States and/or sell or offer for sale, the ’696 Accused Products and products that
`
`incorporate the ’696 Accused Products. For example, Defendants’ product literature for one or
`
`more of the ’696 Accused Products, including Reference Integration Notes, instructs and
`
`encourages Defendants’ customers and other third parties to integrate the ’696 Accused Products
`
`into products sold, offered for sale, and/or imported into the United States.
`
`44.
`
`Defendants’ infringement of the ’696 Patent is willful and deliberate, entitling IP
`
`Bridge to enhanced damages and attorneys’ fees.
`
`45.
`
`IP Bridge has been damaged by Defendants’ infringement of the ’696 Patent and
`
`will continue to be damaged unless Defendants are enjoined by this Court. IP Bridge has
`
`suffered and continues to suffer irreparable injury for which there is on adequate remedy at law.
`
`The balance of the hardships favors IP Bridge, and public interest is not disserved by an
`
`injunction.
`
`46.
`
`IP Bridge is entitled to recover from Defendants all damages IP Bridge has
`
`sustained as a result of Defendants’ infringement of the ’696 Patent, including without limitation
`
`not less than a reasonable royalty.
`
`15
`
`

`

`Case 2:16-cv-00134-JRG-RSP Document 42 Filed 05/27/16 Page 16 of 36 PageID #: 478
`
`SECOND CLAIM FOR RELIEF
`
`INFRINGEMENT OF U.S. PATENT NO. 6,538,324
`
`47.
`
`IP Bridge realleges and incorporates by reference the allegations of paragraphs 1-
`
`46 of this First Amended Complaint.
`
`48.
`
`On March 25, 2003, the USPTO duly and legally issued the ’324 Patent, entitled
`
`“Multi-Layered Wiring Layer and Method of Fabricating the Same.” A copy of the ’324 Patent
`
`is attached hereto as Exhibit F.
`
`49.
`
`IP Bridge owns by assignment the entire right, title, and interest in and to the ’324
`
`Patent, including the right to sue and recover damages, including damages for past infringement.
`
`50.
`
`51.
`
`The ’324 Patent is valid and enforceable under United States Patent Laws.
`
`Defendants have had knowledge of the ’324 Patent at least by virtue of the filing
`
`of the original Complaint in this action.
`
`52.
`
`Defendants have infringed and are infringing, directly and/or indirectly, either
`
`literally or under the doctrine of equivalents, at least claims 1, 3, 5, 7 and 9 of the ’324 Patent in
`
`violation of at least 35 U.S.C. § 271(a) and/or (b) by making, having made, using, selling,
`
`offering for sale, and/or importing into the United States, Broadcom’s BCM4334, BCM43224,
`
`LSI SAS3108 semiconductor products, and each and every Broadcom product incorporating the
`
`same or equivalent accused structure or made using the same or equivalent process, including
`
`without limitation Broadcom’s 28nm, 40nm, 65nm, and 90nm process node products, which, on
`
`information and belief, include products with the product numbers or names BCM23550,
`
`BCM11140, BCM15700, BCM2048, BCM2049, BCM2070, BCM20702, BCM20702HA,
`
`BCM20702HB, BCM20703, BCM2070B, BCM20710, BCM20730, BCM20733,
`
`BCM20733HA, BCM2074x, BCM2075, BCM2077x, BCM20791, BCM20792, BCM20793,
`
`BCM20795, BCM2085, BCM2091, BCM2091C0, BCM2093, BCM21331, BCM21334,
`
`16
`
`

`

`Case 2:16-cv-00134-JRG-RSP Document 42 Filed 05/27/16 Page 17 of 36 PageID #: 479
`
`BCM2153, BCM21551, BCM21553, BCM2157, BCM21654, BCM21664, BCM21892,
`
`BCM2763, BCM28145, BCM28155, BCM2930, BCM2940, BCM3123, BCM3124, BCM3127,
`
`BCM3128, BCM3325, BCM3383, BCM3461, BCM3471, BCM3472, BCM4313, BCM43142,
`
`BCM4322, BCM43241, BCM4325, BCM4329, BCM4330, BCM43340, BCM43341,
`
`BCM43342, BCM4335, BCM4551, BCM4704, BCM4707, BCM4708, BCM4708x, BCM4709,
`
`BCM4716, BCM4717, BCM4718, BCM4751, BCM47511, BCM4752, BCM47521, BCM4760,
`
`BCM53010, BCM53115, BCM53125, BCM53134, BCM54380, BCM54382, BCM54684,
`
`BCM59001, BCM68620, BCM7023, BCM7043, BCM7229, BCM7230, BCM7231, BCM7241,
`
`BCM7242, BCM7358, BCM7364, BCM7399, BCM7405, BCM7422, BCM7424, BCM7425,
`
`BCM7428, BCM7429, BCM7435, BCM7445, BCM7542, BCM7552, BCM7574, BCM7581,
`
`BCM7582, BCM7583, BCM7584, BCM7592, BCM82004, BCM82040, BCM82328,
`
`BCM82381, BCM82790, BCM84145, BCM84146, BCM84147, BCM84148, BCM84750 series,
`
`BCM84756, BCM84833, BCM84834, BCM84848, BCM8953x, BCM92070, NLA12000 series,
`
`BCM4750, PEX8696-AA50BC F, PEX8680-AA50BC F, PEX8664-AA50RBC F, PEX8649-
`
`AA50RBC F, PEX8636-AA50RBC F, PEX8625-AA50BC F, XLP® 800 Series Processors,
`
`XLP® 200 Series Processors, LSI B64002, LSI SF2281, PEX9712-AA80BI G, PEX9716-
`
`AA80BC G, PEX9733-AA80BC G, PEX9749-AA80BC G, PEX9765-AA80BC G, PEX9781-
`
`AA80BI G, PEX9797-AA80BC G, PEX8712-AA80BC G, PEX8712-BA80BC G, PEX8712-
`
`CA80BC G, PEX8713-BA80BC G, PEX8713-CA80BC G, PEX8714-AA80BI G, PE