Case 4:20-cv-00991-ALM Document 1-12 Filed 12/31/20 Page 1 of 11 PageID #: 271
`Case 4:20-cv-00991-ALM Document 1-12 Filed 12/31/20 Page 1 of 11 PageID #: 271
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`EXHIBIT L
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`EXHIBIT L
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`Case 4:20-cv-00991-ALM Document 1-12 Filed 12/31/20 Page 2 of 11 PageID #: 272
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`Analysis of Infringement of U.S. Patent No. 6,968,248 by Huawei Device USA Inc., Huawei Device Co., Ltd., and HiSilicon Technologies Co., Ltd.
`(Based on Public Information Only)
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`Plaintiff Ocean Semiconductor LLC (“Ocean Semiconductor”), provides this preliminary and exemplary infringement analysis with respect to
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`infringement of U.S. Patent No. 6,968,248, entitled “AGENT REACTIVE SCHEDULING IN AN AUTOMATED MANUFACTURING ENVIRONMENT”
`(the “’248 patent”) by Huawei Device USA Inc., Huawei Device Co., Ltd., and HiSilicon Technologies Co., Ltd. (“Huawei”). The following chart illustrates
`an exemplary analysis regarding infringement by Defendant Huawei’s semiconductor products, systems, devices, components, and integrated circuits, and
`products containing such circuits, fabricated or manufactured using camLine GmbH’s (“camLine”) semiconductor fabrication or manufacturing equipment,
`platforms, and/or framework, including camLine’s software and APC system, including the LineWorks factory advanced/automation process control (“APC”)
`platform hardware and/or software (collectively, “LineWorks”) and/or other APC system and platform hardware and/or software. Such products include,
`without limitation, SoC chipsets and solutions (e.g., Hi3559A V100, Hi3519A V100, Hi3516D V300, Hi3556A V100, Hi3559 V200, Hi3559A V100, Hi3559C
`V100, Hi3559 V100, Hi3716M V430, Hi3716M V430, Hi3798C V200, Hi3798M V200H, Hi3798M V300, Hi3798M V310, Hi3796M V200, Hi3798M V200,
`Hi3796M V100, Hi3798M V100, Hi3716M V420, Hi3716M V410, and Hi3751 V553), processors (e.g., Hi3536, Hi3536C, Hi3536D V100, Hi3531D V100,
`Hi3521D V100, Hi3520D V400, Hi3520D V300, and Hi3520D V200), TV solutions (e.g., Hi3731 V201, Hi3731 V101, Hi3751 V811, HI3751 V810, Hi3751
`V551, Hi3751 V730, Hi3751 V620, Hi3751 V510, Hi3751 V310, Hi3751 V320, and Hi3751 V600), Kirin solutions (e.g., Kirin 9000/E, Kirin 1020, Kirin 990,
`Kirin 980, Kirin 970, Kirin 960, Kirin 950, Kirin 930, Kirin 920, Kirin 910, and Kirin 710); Ascend solutions (e.g., Ascend 310 and Ascend 910); Kunpeng
`solutions (e.g., Kunpeng 920); and Balong solutions (e.g., Balong 5000, Balong 5G01, Balong 765, Balong 750, Balong 720, Balong 710, and Balong 700),
`systems, products, or devices containing these solutions, and similar systems, products, devices, and integrated circuits (collectively, the “’248 Infringing
`Instrumentalities”).
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`The analysis set forth below is based only upon information from publicly available resources regarding the ’248 Infringing Instrumentalities, as
`Huawei has not yet provided any non-public information.
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`Unless otherwise noted, Ocean Semiconductor contends that Huawei directly infringes the ’248 patent in violation of 35 U.S.C. § 271(g) by using,
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`selling, and/or offering to sell in the United States, and/or importing into the United States, the ’248 Infringing Instrumentalities. The following exemplary
`analysis demonstrates that infringement. Unless otherwise noted, Ocean Semiconductor further contends that the evidence below supports a finding of indirect
`infringement under 35 U.S.C. § 271(b) in conjunction with other evidence of liability.
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`Unless otherwise noted, Ocean Semiconductor believes and contends that each element of each claim asserted herein is literally met through Huawei’s
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`provision or importation of the ’248 Infringing Instrumentalities. However, to the extent that Huawei attempts to allege that any asserted claim element is not
`literally met, Ocean Semiconductor believes and contends that such elements are met under the doctrine of equivalents. More specifically, in its investigation
`and analysis of the ’248 Infringing Instrumentalities, Ocean Semiconductor did not identify any substantial differences between the elements of the patent
`claims and the corresponding features of the ’248 Infringing Instrumentalities, as set forth herein. In each instance, the identified feature of the ’248 Infringing
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`Case 4:20-cv-00991-ALM Document 1-12 Filed 12/31/20 Page 3 of 11 PageID #: 273
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`Instrumentalities performs at least substantially the same function in substantially the same way to achieve substantially the same result as the corresponding
`claim element.
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`Ocean Semiconductor notes that the present claim chart and analysis are necessarily preliminary in that Ocean Semiconductor has not obtained
`substantial discovery from Huawei nor has Huawei disclosed any detailed analysis for its non-infringement position, if any. Further, Ocean Semiconductor
`does not have the benefit of claim construction or expert discovery. Ocean Semiconductor reserves the right to supplement and/or amend the positions taken in
`this preliminary and exemplary infringement analysis, including with respect to literal infringement and infringement under the doctrine of equivalents, if and
`when warranted by further information obtained by Ocean Semiconductor, including but not limited to information adduced through information exchanges
`between the parties, fact discovery, claim construction, expert discovery, and/or further analysis.
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`Case 4:20-cv-00991-ALM Document 1-12 Filed 12/31/20 Page 4 of 11 PageID #: 274
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`USP 6,968,248
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`Infringement by the ’248 Accused Instrumentalities
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`1. A method for scheduling in an
`automated manufacturing environment,
`comprising:
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`To the extent that the preamble of Claim 1 is a limitation, the camLine LineWorks system, which is used to
`fabricate or manufacture the ’248 Infringing Instrumentalities, provides a method for scheduling in an
`automated manufacturing environment.
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`For example, camLine’s LineWorks MaiMa module provides a method for scheduling in an automated
`manufacturing environment, as shown below:
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`
`See camLine LineWorks MaiMa online product description, available at
`https://www.camline.com/products/lineworks/lineworks-maima-pulse/ (last visited October 18, 2020) (“MaiMa
`Webpage”).
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`Case 4:20-cv-00991-ALM Document 1-12 Filed 12/31/20 Page 5 of 11 PageID #: 275
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`The camLine LineWorks system automatically detects an occurrence of a predetermined event in a process
`automatically detecting an occurrence of
`flow.
`a predetermined event in an integrated,
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`automated process flow;
`For example, the camLine LineWorks EcoFrame module collects data related to a process flow automatically,
`as shown below:
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`
`
`See LineWorks ECoFrame webpage, available at https://www.camline.com/products/lineworks/lineworks-
`ecoframe/ (last visited October 19, 2020) (“ECoFrame Webpage”) (annotated).
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`As another example, the LineWorks Equipment Connector automatically transfers data “between all production
`tools and all LineWorks PV Modules,” as shown below:
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`Case 4:20-cv-00991-ALM Document 1-12 Filed 12/31/20 Page 6 of 11 PageID #: 276
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`See Jochen Kinauer, Presentation Slides, “Improve your manufacturing efficiency and quality with smart
`automation solutions,” at 21, available at http://fs-
`media.nmm.de/ftp/ITI/ITA/files/vortraege/2_2106_camLine.pdf (last visited May 11, 2020) (“Kinauer
`Presentation”).
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`As a further example, LineWorks Master Process Monitor (MPM) module detects events in a process flow in
`real time, e.g., automatically, as shown below:
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`Case 4:20-cv-00991-ALM Document 1-12 Filed 12/31/20 Page 7 of 11 PageID #: 277
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`automatically notifying a software
`scheduling agent of the occurrence; and
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`See LineWorks MPM Webpage, available at https://www.camline.com/products/lineworks/lineworks-mpm/
`(last visited October 18, 2020) (“MPM Webpage”).
`The camLine LineWorks system automatically notifies a software scheduling agent of the occurrence of a
`predetermined event in an integrated, automated process flow.
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`For example, in the event of a violation of its rules, LineWorks MPM will notify both the MPM server and a
`responsible group of people, as shown below:
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`
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`See MPM Webpage (annotated).
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`On information and belief, in camLine LineWorks a scheduling agent is notified automatically of the occurrence
`of a predetermined event. For example, LineWorks ECoFrame notifies a scheduling agent, such as LineWorks
`MaiMa, of the occurrence of a predetermined event according to communication standard protocols, as shown
`below:
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`Case 4:20-cv-00991-ALM Document 1-12 Filed 12/31/20 Page 8 of 11 PageID #: 278
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`reactively scheduling an action from the
`software scheduling agent responsive to
`the detection of the predetermined
`event.
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`See ECoFrame Webpage (annotated).
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`The camLine LineWorks system reactively schedules an action from the software scheduling agent responsive
`to the detection of the predetermined event.
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`For example, the LineWorks PULSE module receives information regarding a process event from the
`LineWorks ECoFrame module, as shown below:
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`Case 4:20-cv-00991-ALM Document 1-12 Filed 12/31/20 Page 9 of 11 PageID #: 279
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`See ECoFrame Webpage.
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`As a further example, LineWorks MaiMa reactively “schedule[s] maintenance tasks” and is “integrat[ed] with
`LineWorks PULSE to synchronize the equipment status,” as shown below:
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`Case 4:20-cv-00991-ALM Document 1-12 Filed 12/31/20 Page 10 of 11 PageID #: 280
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`See MaiMa Webpage (annotated).
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`As a further example, LineWorks PULSE collects “all equipment data.” On information and belief, “all
`equipment data” includes data related to the detection of a predetermined event:
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`Case 4:20-cv-00991-ALM Document 1-12 Filed 12/31/20 Page 11 of 11 PageID #: 281
`Case 4:20-cv-00991-ALM Document 1—12 Filed 12/31/20 Page 11 of 11 PageID #: 281
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`—_ _
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`Pr0cess profitability
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`can be significantly increased by
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`maximizing resource utilization and
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`manufacturing productivity.
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`Downtime Analysis (DTA) can be
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`integrated into your daily business.
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`You reduce insufficient plant
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`availability, unplanned production
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`stoppages or slowdowns, as well as
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`sporadic drops in quality, or can even
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`eliminate these causes completely.
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`_These are
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`translated into a uniform language
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`for your production.
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`ee LineWorks PULSE Web a e (annotated).
`See LineWorks PULSE Webpage (annotated).
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`10
`10
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