`
`
`
`CASE NO. 6:20-cv-00636-ADA
`
`JURY TRIAL DEMANDED
`
`
`
`Plaintiff,
`
`
`Defendants.
`
`v.
`
`SAMSUNG ELECTRONICS CO., LTD.,
`SAMSUNG ELECTRONICS AMERICA, INC.,
`SAMSUNG SEMICONDUCTOR, INC., and
`SAMSUNG AUSTIN SEMICONDUCTOR,
`LLC,
`
`
`Case 6:20-cv-00636-ADA Document 217 Filed 09/07/22 Page 1 of 27
`
`UNITED STATES DISTRICT COURT
`WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`
`
`DEMARAY LLC,
`
`
`
`
`
`
`
`
`
`SAMSUNG DEFENDANTS’ ANSWER AND AFFIRMATIVE
`DEFENSES TO PLAINTIFF’S AMENDED COMPLAINT
`
`Defendants Samsung Electronics Co., Ltd. (“SEC”), Samsung Electronics America, Inc.
`
`(“SEA”), Samsung Semiconductor, Inc. (“SSI”), and Samsung Austin Semiconductor, LLC
`
`(“SAS”) (collectively “Samsung”) responds to the Amended Complaint filed by Plaintiff
`
`Demaray LLC (“Plaintiff”) and submits its Affirmative Defenses. To the extent not specifically
`
`admitted below, Samsung denies the allegations of the Amended Complaint.
`
`ANSWER TO AMENDED COMPLAINT
`I.
`
`Parties
`
`1.
`
`Samsung admits that the face of U.S. Patent Nos. 7,544,276 (“the ’276 patent”)
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`and 7,381,657 (“the ’657 patent”) (collectively, the “Asserted Patents”) list Richard E. Demaray
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`as an inventor. Samsung lacks knowledge or information sufficient to form a belief as to the truth
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`of the remaining allegations in Paragraph 1 of the Amended Complaint, and therefore denies the
`
`same.
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`Case 6:20-cv-00636-ADA Document 217 Filed 09/07/22 Page 2 of 27
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`2.
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`Samsung lacks knowledge or information sufficient to form a belief as to the truth
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`of the allegations in Paragraph 2 of the Amended Complaint, and therefore denies the same.
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`3.
`
`Samsung denies that it uses any of Plaintiff’s patented technology. Samsung lacks
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`knowledge or information sufficient to form a belief as to the truth of the remaining allegations
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`in Paragraph 3 of the Amended Complaint, and therefore denies the same.
`
`4.
`
`Samsung lacks knowledge or information sufficient to form a belief as to the truth
`
`of the allegations in Paragraph 4 of the Amended Complaint, and therefore denies the same.
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`5.
`
`Samsung admits that the Amended Complaint purports to attach uncertified
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`copies of the ’276 patent and the ’657 patent, as Exhibit 1 and Exhibit 2 respectively. Samsung
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`lacks knowledge or information sufficient to form a belief as to the truth of the remaining
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`allegations in Paragraph 5 of the Amended Complaint, and therefore denies the same.
`
`6.
`
`Samsung admits that Samsung Electronics America (“SEA”) is a corporation duly
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`organized and existing under the laws of the State of New York. Samsung further admits that
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`SEA may be served with process through its registered agent CT Corporation System, 1999
`
`Bryan St., Ste. 900, Dallas, TX 75201-3136. The remainder of this paragraph sets out a legal
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`conclusion to which no response is necessary. To the extent a response is required as to the
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`remaining allegations in Paragraph 6 of the Complaint, Samsung denies the same.
`
`7.
`
`Samsung admits that Samsung Electronics is a company duly organized and
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`existing under the laws of the Republic of Korea with its principal offices at 129 Samsung-ro,
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`Yeongtong-gu, Suwon-si, Gyeonggi-do, Republic of Korea. The remainder of this paragraph sets
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`out a legal conclusion to which no response is necessary. To the extent a response is required as
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`to the remaining allegations in Paragraph 7 of the Amended Complaint, Samsung denies the
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`same.
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`2
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`8.
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`Samsung admits that Samsung Semiconductor is a corporation organized and
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`existing under the laws of the State of California, and is located at 3655 North First Street, San
`
`Jose, California 95134. Samsung admits that Samsung Semiconductor is a wholly-owned
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`subsidiary of SEA. Samsung admits that Samsung Semiconductor may be served with process
`
`through its registered agent National Registered Agents, Inc., 1999 Bryan St., St. 900, Dallas, TX
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`75201-3136.
`
`9.
`
`Samsung admits that Samsung Austin Semiconductor is a limited liability
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`company organized and existing under the laws of the State of Delaware, and is located at 12100
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`Samsung Boulevard, Austin, Texas 75754. Samsung admits that Samsung Austin Semiconductor
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`is a wholly-owned subsidiary of Samsung Semiconductor. Samsung admits that Samsung Austin
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`Semiconductor operates a semiconductor fabrication plant known as the “S2- Line” in Austin,
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`Texas. Samsung admits that Samsung Austin Semiconductor may be served with process
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`through its registered agent CT Corporation System, 1999 Bryan St., Ste. 900, Dallas, TX 75201-
`
`3136. Samsung denies the remaining allegations of Paragraph 9 of the Amended Complaint.
`
`II.
`
`Jurisdiction and Venue
`
`10.
`
`Samsung admits that the Amended Complaint purports to set forth an action
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`arising under the patent laws of the United States, 35 U.S.C. § 1 et seq., but denies that there are
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`any factual or legal bases for Plaintiff’s claims. Samsung admits that this Court has subject
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`matter jurisdiction over this action pursuant to 28 U.S.C. §§ 1331 and 1338(a).
`
`11.
`
`Solely for the limited purpose of this action only, Samsung admits that it is
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`subject to personal jurisdiction in this District.
`
`12.
`
`Solely for the limited purpose of this action only, Samsung admits that it is
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`subject to personal jurisdiction in this District, but denies the remaining allegations in Paragraph
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`12 of the Amended Complaint.
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`3
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`13.
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`No answer is required as to the allegations in Paragraph 13 of the Amended
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`Complaint asserting that “[v]enue in this District is proper,” which are merely conclusions of
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`law. To the extent that any answer is required, Samsung denies infringement of any of the
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`Asserted Patents and denies that the Western District of Texas is the most convenient venue to
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`resolve this action. Samsung admits that it has and is continuing to do business in the United
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`States, including in the Western District of Texas.
`
`III.
`
`Technology Background
`
`14.
`
`Samsung admits that semiconductor devices are generally manufactured using a
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`series of process steps applied to a substrate, but denies the remaining allegations in Paragraph
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`14 of the Amended Complaint.
`
`15.
`
`Samsung admits that magnetron sputtering is one of many physical vapor
`
`deposition (“PVD”) techniques. As to the remaining allegations of Paragraph 15, Samsung
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`admits that certain terms set forth in these allegations are used in the semiconductor industry, but
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`these allegations are otherwise too general, therefore Samsung denies the same.
`
`16.
`
`Samsung admits that the ’276 patent states at Column 8, lines 38-60:
`
`Other approaches to providing a uniform condition of sputtering erosion rely on
`creating a large uniform magnetic field or a scanning magnetic field that produces a
`time- averaged, uniform magnetic field. For example, rotating magnets or
`electromagnets can be utilized to provide wide areas of substantially uniform target
`erosion. For magnetically enhanced sputter deposition, a scanning magnet magnetron
`source can be used to provide a uniform, wide area condition of target erosion.
`
`As illustrated in FIG. 1A, apparatus 10 can include a scanning magnet magnetron
`source 20 positioned above target 12. An embodiment of a scanning magnetron source
`used for dc sputtering of metallic films is described in U.S. Pat. No. 5,855,744 to
`Halsey, et. al. (hereafter ’744), which is incorporated herein by reference in its entirety.
`The ’744 patent demonstrates the improvement in thickness uniformity that is achieved
`by reducing local target erosion due to magnetic effects in the sputtering of a wide area
`rectangular target. As described in the ’744 patent, by reducing the magnetic field
`intensity at these positions, the local target erosion was decreased and the resulting film
`thickness nonuniformity was improved from 8%, to 4%, over a rectangular substrate of
`400×500 mm.
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`4
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`Samsung admits that the ’276 patent states at Column 5, lines 24-27, “Target 12 functions
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`as a cathode when power is applied to it and is equivalently termed a cathode. Application of power
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`to target 12 creates a plasma 53. Substrate 16 is capacitively coupled to an electrode 17 through
`
`an insulator 54.” Samsung lacks knowledge or information sufficient to form a belief as to the truth
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`of the remaining allegations in paragraph 16 of the Amended Complaint, and therefore denies the
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`same.
`
`37:
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`17. Samsung admits that the ’276 patent states at Column 2, line 45 to Column 3, line
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`In accordance with the present invention, a sputtering reactor apparatus for depositing
`oxide and oxynitride films is presented. Further, methods for depositing oxide and
`oxynitride films for optical waveguide devices are also presented. A sputtering reactor
`according to the present invention includes a pulsed DC power supply coupled through
`a filter to a target and a substrate electrode coupled to an RF power supply. A substrate
`mounted on the substrate electrode is therefore supplied with a bias from the RF power
`supply.
`
`The target can be a metallic target made of a material to be deposited on the substrate.
`In some embodiments, the metallic target is formed from Al, Si and various rare-earth
`ions. A target with an erbium concentration, for example, can be utilized to deposit a
`film that can be formed into a waveguide optical amplifier.
`
`A substrate can be any material and, in some embodiments, is a silicon wafer. In some
`embodiments, RF power can be supplied to the wafer. In some embodiments, the wafer
`and the electrode can be separated by an insulating glass.
`
`In some embodiments, up to about 10 kW of pulsed DC power at a frequency of
`between about 40 kHz and 350 kHz and a reverse pulse time of up to about 5 μs is
`supplied to the target. The wafer can be biased with up to about several hundred watts
`of RF power. The temperature of the substrate can be controlled to within about 10° C.
`and can vary from about −50° C. to several hundred degrees C. Process gasses can be
`fed into the reaction chamber of the reactor apparatus. In some embodiments, the
`process gasses can include combinations of Ar, N2, O2, C2F6, CO2, CO and other
`process gasses.
`
`Samsung also admits that the ’276 patent states at Column 5, lines 60-67 that “However,
`
`both RF and pulsed DC deposited films are not fully dense and most likely have columnar
`
`
`
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`5
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`Case 6:20-cv-00636-ADA Document 217 Filed 09/07/22 Page 6 of 27
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`
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`structures. These columnar structures are detrimental for optical wave guide applications due to
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`the scattering loss caused by the structure. By applying a RF bias on wafer 16 during deposition,
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`the deposited film can be dandified by energetic ion bombardment and the columnar structure can
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`be substantially eliminated.” Samsung lacks knowledge or information sufficient to form a belief
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`as to the truth of the remaining allegations in paragraph 17 of the Amended Complaint, and
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`therefore denies the same.
`
`18.
`
`Samsung admits that the ’276 patent states at Column 8, lines 61-67, “The process
`
`gas utilized in reactor 10 includes an inert gas, typically argon, used as the background sputtering
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`gas. Additionally, with some embodiments of target 12, reactive components such as, for
`
`example, oxygen may be added to the sputtering gas. Other gasses such as N2, NH3, CO, NO,
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`CO2, halide containing gasses other gas-phase reactants can also be utilized.” Samsung lacks
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`knowledge or information sufficient to form a belief as to the truth of the remaining allegations
`
`in paragraph 18 of the Amended Complaint, and therefore denies the same.
`
`IV.
`
`First Claim
`
`19.
`
`Samsung incorporates by reference its responses to the allegations in Paragraphs 1
`
`through 18 of the Amended Complaint as set forth above.
`
`20.
`
`Samsung admits that the ’276 patent is titled “Biased pulse DC reactive sputtering
`
`of oxide films,” issued on June 9, 2009, and that an uncertified copy of the ’276 patent is
`
`attached to the Amended Complaint as Exhibit 1. Samsung denies the remaining allegations in
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`Paragraph 20 of the Amended Complaint.
`
`21.
`
`Samsung admits that Hongmei Zhang, Mukundan Narasimhan, Ravi B.
`
`Mullapudi, and Richard E. Demaray are listed as co-inventors on the face of the ’276 patent.
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`6
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`22.
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`The allegations in Paragraph 22 of the Amended Complaint regarding the force
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`and effect of the ’276 patent are legal conclusions that require no response. To the extent a
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`response is required, Samsung lacks knowledge or information sufficient to form a belief as to
`
`the truth of the allegations, and therefore denies the same. Samsung lacks knowledge or
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`information sufficient to form a belief as to the truth of the remaining allegations in Paragraph 22
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`of the Amended Complaint, and therefore denies the same.
`
`23.
`
`Samsung admits that the ’276 patent states at Column 1, lines 12-14, “The present
`
`invention relates to deposition of oxide and oxynitride films and, in particular, to deposition of
`
`oxide and oxynitride films by pulsed DC reactive sputtering.” Samsung denies the remaining
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`allegations in Paragraph 23 of the Amended Complaint.
`
`24.
`
`Samsung admits that the ’276 patent states at Column 2, lines 51-53, “a substrate
`
`electrode coupled to an RF power supply. A substrate mounted on the substrate electrode is
`
`therefore supplied with a bias from the RF power supply.” Samsung denies the remaining
`
`allegations in Paragraph 24 of the Amended Complaint.
`
`25.
`
`26.
`
`Samsung denies the allegations in Paragraph 25 of the Amended Complaint.
`
`Samsung denies the allegations in Paragraph 26 of the Amended Complaint.
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`[“1. A reactor according to the present invention, comprising:”]1
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`27.
`
`28.
`
`Samsung denies the allegations in Paragraph 27 of the Amended Complaint.
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`SEC and SAS admit that they deposit layers in semiconductor products. Samsung
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`admits that the document available at the link
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`https://www.samsung.com/us/aboutsamsung/sustainability/supply-chain/supplier-list/ (last
`
`visited September 29, 2020) lists Applied Materials Inc. as one of Samsung Electronics’
`
`
`1 Samsung does not admit any allegations contained in Plaintiff’s headings or subheadings.
`
`
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`7
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`
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`suppliers. Samsung lacks knowledge or information sufficient to form a belief as to the truth of
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`the remaining allegations in Paragraph 28 of the Amended Complaint, and therefore denies the
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`same.
`
`29.
`
`Samsung denies the allegations in Paragraph 29 of the Amended Complaint.
`
`[“a target area for receiving a target;”]
`
`30.
`
`31.
`
`Samsung denies the allegations in Paragraph 30 of the Amended Complaint.
`
`Samsung admits that the document available at the link
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`https://www.appliedmaterials.com/resources/glossary (last visited September 29, 2020), states
`
`that “[i]n PVD, the target is the source of the material to be deposited. Atoms are ejected from
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`the target as a result of the bombardment of energetic particles.” SEC and SAS admit that they
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`use reactors for depositing TaN, where tantalum is the target material, for depositing Ti, where
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`titanium is the target material, and for depositing Co, where cobalt is the target material.
`
`Samsung denies the remaining allegations in Paragraph 31 of the Amended Complaint.
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`32.
`
`Samsung lacks knowledge or information sufficient to form a belief as to the truth
`
`of the allegations in Paragraph 32 of the Amended Complaint, and therefore denies the same.
`
`[“a substrate area opposite the target area for receiving a substrate;”]
`
`33.
`
`34.
`
`Samsung denies the allegations in Paragraph 33 of the Amended Complaint.
`
`Samsung admits that the document available at the link
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`https://www.appliedmaterials.com/resources/glossary (last visited September 29, 2020), states
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`that “[t]he material upon which thin films are manipulated. Silicon is most commonly used for
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`semiconductors . . . .” Samsung denies the remaining allegations in Paragraph 34 of the
`
`Amended Complaint.
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`35.
`
`Samsung lacks knowledge or information sufficient to form a belief as to the truth
`
`of the allegations in Paragraph 35 of the Amended Complaint, and therefore denies the same.
`
`
`
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`8
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`Case 6:20-cv-00636-ADA Document 217 Filed 09/07/22 Page 9 of 27
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`
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`[“a pulsed DC power supply coupled to the target area, the pulsed DC power supply
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`providing alternating negative and positive voltages to the target;”]
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`36.
`
`37.
`
`38.
`
`Samsung denies the allegations in Paragraph 36 of the Amended Complaint.
`
`Samsung denies the allegations in Paragraph 37 of the Amended Complaint.
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`Samsung lacks knowledge or information sufficient to form a belief as to the truth
`
`of the allegations in Paragraph 38 of the Amended Complaint, and therefore denies the same.
`
`[“an RF bias power supply coupled to the substrate;”]
`
`39.
`
`40.
`
`Samsung denies the allegations in Paragraph 39 of the Amended Complaint.
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`Samsung lacks knowledge or information sufficient to form a belief as to the truth
`
`of the allegations in Paragraph 40 of the Amended Complaint, and therefore denies the same.
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`41.
`
`Samsung lacks knowledge or information sufficient to form a belief as to the truth
`
`of the allegations in Paragraph 41 of the Amended Complaint, and therefore denies the same.
`
`[“and a narrow band-rejection filter that rejects at a frequency of the RF bias power
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`supply coupled between the pulsed DC power supply and the target area.”]
`
`42.
`
`43.
`
`Samsung denies the allegations in Paragraph 42 of the Amended Complaint.
`
`Samsung denies the allegations in Paragraph 43 of the Amended Complaint.
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`V.
`
`Second Claim
`
`44.
`
`Samsung incorporates by reference its responses to the allegations in Paragraphs 1
`
`through 43 of the Amended Complaint as set forth above.
`
`45.
`
`Samsung admits that the ’657 patent is titled “Biased pulse DC reactive sputtering
`
`of oxide films,” issued on June 3, 2008, and that an uncertified copy of the ’657 patent is
`
`attached to the Amended Complaint as Exhibit 2. Samsung denies the remaining allegations in
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`Paragraph 45 of the Amended Complaint.
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`9
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`Case 6:20-cv-00636-ADA Document 217 Filed 09/07/22 Page 10 of 27
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`46.
`
`Samsung admits that Hongmei Zhang, Mukundan Narasimhan, Ravi B.
`
`Mullapudi, and Richard E. Demaray are listed as co-inventors on the face of the ’657 patent.
`
`47.
`
`The allegations in paragraph 47 of the Amended Complaint regarding the force
`
`and effect of the ’657 patent are legal conclusions that require no response. To the extent a
`
`response is required, Samsung lacks knowledge or information sufficient to form a belief as to
`
`the truth of the allegations, and therefore denies the same. Samsung lacks knowledge or
`
`information sufficient to form a belief as to the truth of the remaining allegations in Paragraph 47
`
`of the Amended Complaint, and therefore denies the same.
`
`48.
`
`Samsung admits that the ’657 patent states at Column 1, lines 11-13, “The present
`
`invention relates to deposition of oxide and oxynitride films and, in particular, to deposition of
`
`oxide and oxynitride films by pulsed DC reactive sputtering.” Samsung denies the remaining
`
`allegations in paragraph 48 of the Amended Complaint.
`
`49.
`
`Samsung admits that the ’657 patent states at Column 2, lines 49-54, “A
`
`sputtering reactor according to the present invention includes a pulsed DC power supply coupled
`
`through a filter to a target and a substrate electrode coupled to an RF power supply. A substrate
`
`mounted on the substrate electrode is therefore supplied with a bias from the RF power supply.”
`
`Samsung denies the remaining allegations in Paragraph 49 of the Amended Complaint.
`
`50.
`
`51.
`
`Samsung denies the allegations in Paragraph 50 of the Amended Complaint.
`
`Samsung denies the allegations in Paragraph 51 of the Amended Complaint.
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`[“A method of depositing film on an insulating substrate, comprising:”]
`
`52.
`
`53.
`
`Samsung denies the allegations in Paragraph 52 of the Amended Complaint.
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`SEC admits that it deposits certain metal nitride layers for certain of its memory
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`products, including certain of its DDR4 SDRAM products. Samsung denies the remaining
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`allegations in Paragraph 53 of the Amended Complaint.
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`10
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`[“providing a process gas between a conductive target and the substrate;”]
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`54.
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`SEC and SAS admit that in some processes for fabricating semiconductor
`
`products, they use a nitrogen gas, a target, and a substrate. SEC admits that it uses a reactor in
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`the fabrication of TaN layers in certain of its DDR4 SDRAM products. Samsung denies the
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`remaining allegations in Paragraph 54 of the Amended Complaint.
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`55.
`
`SEC and SAS admit that they use a process gas including nitrogen, a tantalum
`
`target, and a silicon wafer in certain of their processes. Samsung denies the remaining allegations
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`in Paragraph 55 of the Amended Complaint.
`
`[“providing pulsed DC power to the target through a narrow band rejection filter such that
`
`the target alternates between positive and negative voltages;”]
`
`56.
`
`SEC and SAS admit that they fabricate semiconductor products. Samsung denies
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`the remaining allegations in Paragraph 56 of the Amended Complaint.
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`57.
`
`SEC and SAS admit that they use reactors in the fabrication of TaN layers in
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`semiconductor products. SEC admits that it uses a reactor in the fabrication of TaN layers in
`
`certain of its DDR4 SDRAM products. Samsung denies the remaining allegations in Paragraph
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`57 of the Amended Complaint.
`
`58.
`
`Samsung lacks knowledge or information sufficient to form a belief as to the truth
`
`of the allegations in Paragraph 58 of the Amended Complaint, and therefore denies the same.
`
`59.
`
`Samsung denies the allegations in Paragraph 59 of the Amended Complaint.
`
`[“providing an RF bias at a frequency that corresponds to the narrow band rejection filter
`
`to the substrate;”]
`
`60.
`
`SEC and SAS admit that they fabricate semiconductor products. Samsung denies
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`the remaining allegations in Paragraph 60 of the Amended Complaint.
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`11
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`61.
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`SEC and SAS admit that they use reactors in the fabrication of TaN layers in
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`semiconductor products. SEC admits that it uses a reactor in the fabrication of TaN layers in
`
`certain of its DDR4 SDRAM products. Samsung denies the remaining allegations in Paragraph
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`61 of the Amended Complaint.
`
`62.
`
`Samsung lacks knowledge or information sufficient to form a belief as to the truth
`
`of the allegations in Paragraph 62 of the Amended Complaint, and therefore denies the same.
`
`[“providing a magnetic field to the target;”]
`
`63.
`
`SEC and SAS admit that they fabricate semiconductor products. SEC and SAS
`
`admit that, for certain products, a magnetic field is provided during certain steps of fabrication.
`
`Samsung denies the remaining allegations in Paragraph 63 of the Amended Complaint.
`
`64.
`
`SEC and SAS admit that they use reactors in the fabrication of TaN layers in
`
`semiconductor products. SEC and SAS admit that certain of the reactors use a magnetic field.
`
`SEC admits that it uses a reactor in the fabrication of TaN layers in certain of its DDR4 SDRAM
`
`products. Samsung denies the remaining allegations in paragraph 64 of the Amended Complaint.
`
`65.
`
`Samsung admits that the image on page 9 of Exhibit 5 to the Amended Complaint
`
`contains a red box with the word “Magnetron” next to it. Samsung denies the remaining
`
`allegations in Paragraph 65 of the Amended Complaint
`
`[“and reconditioning the target;”]
`
`66.
`
`SEC and SAS admit that they fabricate semiconductor products. Samsung denies
`
`the remaining allegations in Paragraph 66 of the Amended Complaint.
`
`67.
`
`SEC and SAS admit that they use reactors in the fabrication of TaN layers in
`
`semiconductor products. SEC admits that it uses a reactor in the fabrication of TaN layers in
`
`certain of its DDR4 SDRAM products. Samsung denies the remaining allegations in Paragraph
`
`67 of the Amended Complaint.
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`
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`12
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`[“wherein reconditioning the target includes reactive sputtering in the metallic mode and
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`then reactive sputtering in the poison mode.”]
`
`68.
`
`SEC and SAS admit that they fabricate semiconductor products. Samsung denies
`
`the remaining allegations in Paragraph 68 of the Amended Complaint.
`
`69.
`
`SEC and SAS admit that they use reactors for fabricating TaN layers in
`
`semiconductor products. SEC admits that it uses a reactor in the fabrication of TaN layers in
`
`certain of its DDR4 SDRAM products. Samsung denies the remaining allegations in Paragraph
`
`69 of the Amended Complaint.
`
`70.
`
`Samsung admits that it has knowledge of the Asserted Patents as of the filing of
`
`the Complaint dated July 14, 2020 . Samsung denies the remaining allegations in Paragraph 70
`
`of the Amended Complaint.
`
`71.
`
`Samsung admits that on or about March 7, 2017, Ernest Demaray met with at
`
`least Mark Lefebvre from Samsung SDI America Inc., at the Samsung Strategy and Innovation
`
`Center in San Jose, CA. Subsequent to that meeting, presentations titled “Hybrid– High Capacity
`
`Lithium Metal Thin Film Battery Cell” and “LARGE-SCALE THIN FILM BATTERY” were
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`provided to at least one Samsung employee. The “Hybrid– High Capacity Lithium Metal Thin
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`Film Battery Cell” presentation includes the date “March 7, 2017” and identifies the Asserted
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`Patents. The “LARGE-SCALE THIN FILM BATTERY” includes the text “NCCAVS Annual
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`Symposium February 23, 2017” and identifies the Asserted Patents. On April 19, 2017, Ernest
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`Demaray met with at least Dongmin Im of Samsung Advanced Institute of Technology and Dr.
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`Debasis Bera at Samsung Research America in Mountain View, CA. Samsung denies the
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`remaining allegations in Paragraph 71 of the Amended Complaint.
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`Case 6:20-cv-00636-ADA Document 217 Filed 09/07/22 Page 14 of 27
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`72.
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`Samsung admits that U.S. Patent Nos. 9,761,441, 9,380,692, 7,563,672,
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`7,352,022, and 6,723,215 are assigned to SEC and cite to at least one patent or application on
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`which one or more of the named inventors on the Asserted Patents is also named as an inventor.
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`Samsung denies the remaining allegations in Paragraph 72 of the Amended Complaint.
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`73.
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`74.
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`Samsung denies the allegations in paragraph 73 of the Amended Complaint.
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`SEC and SAS admit that they have used certain chambers that Plaintiff has
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`accused of infringing the Asserted Patents, including Cirrus Ti and Co chambers supplied by
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`Applied Materials, Inc. to deposit titanium and cobalt, respectively, in certain manufacturing
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`processes. Samsung denies the remaining allegations in paragraph 74 of the Amended
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`Complaint.
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`75.
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`To the extent the allegations in paragraph 75 of the Amended Complaint allege
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`facts not protected by attorney-client, work product, or any other privilege, Samsung denies such
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`allegations in paragraph 75.
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`76.
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`To the extent the allegations in paragraph 76 of the Amended Complaint allege
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`facts not protected by attorney-client, work product, or any other privilege, Samsung denies such
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`allegations in paragraph 76.
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`77.
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`78.
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`79.
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`Samsung denies the allegations in paragraph 77 of the Amended Complaint.
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`Samsung denies the allegations in paragraph 78 of the Amended Complaint.
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`Samsung denies the allegations in paragraph 79 of the Amended Complaint.
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`VI.
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`Answer to Prayer for Relief
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`80.
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`Samsung denies that Plaintiff is entitled to any relief whatsoever in this action,
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`either as requested in the Amended Complaint or otherwise.
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`81.
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`Samsung further denies each and every allegation in the Amended Complaint to
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`which it has not specifically responded.
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`Case 6:20-cv-00636-ADA Document 217 Filed 09/07/22 Page 15 of 27
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`AFFIRMATIVE DEFENSES
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`Samsung alleges and asserts the following defenses in response to the allegations of the
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`Amended Complaint, undertaking the burden of proof only as to those defenses deemed
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`affirmative defenses by law, regardless of how such defenses are denominated herein. Samsung
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`further reserves the right to amend this Answer to add Affirmative Defenses and/or any other
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`defenses currently unknown to Samsung, as they become known throughout the course of
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`discovery in this action.
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`FIRST AFFIRMATIVE DEFENSE
`(Failure to State A Claim)
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`82.
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`The Amended Complaint fails to state a claim upon which relief can be granted.
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`SECOND AFFIRMATIVE DEFENSE
`(No Infringement)
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`83.
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`Samsung does not infringe any valid and enforceable claim of the Asserted
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`Patents in any manner under 35 U.S.C. § 271 either literally or under the doctrine of equivalents,
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`directly or indirectly, willfully or otherwise. Samsung has not performed any act and is not
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`proposing to perform any act in violation of any rights validly belonging to Plaintiff.
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`84.
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` Plaintiff bears the burden to prove that the accused PVD chambers and processes
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`infringe the asserted claims, and has not identified evidence sufficient to carry that burden with
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`regard to any accused PVD chamber or processes. Indeed, following years of discovery,
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`substantial document productions, several depositions of sworn testimony, inspections of the
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`recipes and other technical information detailing Samsung’s PVD processes, and submission of
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`final infringement contentions, Plaintiff has yet to identify any reactor process or chamber
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`configuration used by Samsung that infringes the asserted claims of the ’276 and ’657 patents.
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`Samsung’s noninfringement is exemplified by the absence of several key limitations required by
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`all asserted claims in the accused products, including, but not limited to, the claimed “pulsed DC
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`power supply” and/or “narrow-band rejection filter.” The absence of infringement evidence is
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`unsurprising given that the systems and processes used by Samsung do not need the specific
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`solution claimed by Plaintiff’s alleged inventions in the ’276 and ’657 patents, and instead
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`leverage technology that was used before the priority date of both patents.
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`THIRD AFFIRMATIVE DEFENSE
`(Invalidity)
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`85.
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`The asserted claims of the Asserted Patents are invalid for failure to satisfy the
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`requirements of 35 U.S.C. § 100, et seq., including, but not limited to, one or more of the
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`following: 35 U.S.C. §§ 101, 102, 103, 112, and/or 116.
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`86.
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`For example, the ’276 patent is invalid as anticipated under 35 U.S.C. § 102
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`and/or as obvious under 35 U.S.C. § 103 in view of prior art to the patent, including without
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`limitation, the following prior art systems alone or in combination with prior art systems, patents,
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`publications, and/or § 102(f) prior art: Applied Materials Vectra IMP; Applied Materials SIP;
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`Applied Materials SIP+; Applied Materials Endura Electra Cu Barrier/Seed or Electra IMP
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`Ta/TaN; Novellus INOVA; Novellus INOVA xT; and Advanced Energy PVD reactors and
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`methods using: Advanced Energy Pinnacle Plus power supplies to the target, Advanced Energy
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`MDX, Pinnacle, and/or Sparc-LE products.
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`87.
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`Further, the ’657 patent is invalid as anticipated under 35 U.S.C. § 102 and/or as
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`obvious under 35 U.S.C. § 103 in view of prior art to the patent, including without limitation, the
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`following prior art systems alone or in combination with prior art systems, patents, publications,
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`and/or § 102(f) prior art: Applied Materials Vectra IMP; Applied Materials SIP; Applied
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`Materials SIP+; Applied Materials Endura Electra Cu Barrier/Seed or Electra IMP Ta/TaN;
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`Novellus INOVA; Novellus INOVA xT; and Advanced Energy PVD reactors and methods
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`Case 6:20-cv-00636-ADA Document 217 Filed 09/07/22 Page 17 of 27
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`using: Advanced Energy Pinnacle Plus power supplies to the target, Advanced Energy MDX,
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`Pinnacle, and/or Sparc-LE products.
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`88.
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`As a further example, the ’657 and ’276 patents are invalid under 35 U.S.C. §§
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`101 and 102(f) for failure to name all proper inventors, including, for example, Symmorphix
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`consultant Robert Weisse.
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`FOURTH AFFIRMATIVE DEFENSE
`(Prosecution History Estoppel and Disclaimer)
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`89.
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`Pla