Case 6:20-cv-01210-ADA Document 1 Filed 12/31/20 Page 1 of 68
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`UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
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`Ocean Semiconductor LLC,
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`Plaintiff
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`
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`v.
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`MediaTek Inc. and MediaTek USA Inc.
`(“MediaTek”),
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`Defendant.
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`Civil Action No.: 6:20-cv-1210
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`JURY TRIAL DEMANDED
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`PATENT CASE
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`COMPLAINT FOR PATENT INFRINGEMENT
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`Plaintiff Ocean Semiconductor LLC (“Ocean Semiconductor” or “Plaintiff”) files this
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`Complaint against MediaTek Inc. and MediaTek USA Inc. (“MediaTek USA”) (collectively
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`“MediaTek” or “Defendant”), seeking damages and other relief for patent infringement, and
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`alleges with knowledge to its own acts, and on information and belief as to other matters, as
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`follows:
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`NATURE OF THE ACTION
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`1.
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`This is an action for patent infringement arising under the Patent Laws of the
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`United States, 35 U.S.C. § 1 et seq.
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`THE PARTIES
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`2.
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`Plaintiff Ocean Semiconductor is a limited liability company organized and
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`existing under the laws of the State of Delaware, with its principal place of business at 717 N.
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`Union Street, Wilmington, DE 19805.
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`Case 6:20-cv-01210-ADA Document 1 Filed 12/31/20 Page 2 of 68
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`3.
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`On information and belief, Defendant MediaTek Inc. is a corporation organized
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`under the law of Taiwan, with its principal place of business at No. 1, Dusing 1st Road, Hsinchu
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`Science Park, Hsinchu, 20078, Taiwan.
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`4.
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`On information and belief, Defendant MediaTek USA, Inc. is a Delaware
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`corporation with a principal place of business at 5914 West Courtyard Drive, Austin, Texas
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`78730. On information and belief, MediaTek USA may be served through its registered agent,
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`CT Corporation System, at 1999 Bryan Street, Suite 900, Dallas, Texas 75201.
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`5.
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`Plaintiff Ocean Semiconductor is the assignee and owner of the patents at issue in
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`this action: U.S. Patents Nos. 6,660,651, 6,907,305, 6,725,402, 6,968,248, 7,080,330, 6,836,691,
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`and 8,676,538 (collectively, the “Asserted Patents”). Ocean Semiconductor holds all substantial
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`rights, title, and interest in the Asserted Patents, including the exclusive right to sue MediaTek
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`for infringement and recover damages, including damages for past infringement.
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`6.
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`Plaintiff Ocean Semiconductor seeks monetary damages and prejudgment interest
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`for Defendant’s past and ongoing direct and indirect infringement of the Asserted Patents.
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`7.
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`Each Defendant, MediaTek Inc. and MediaTek USA, Inc. (“MediaTek”), is a
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`semiconductor company that designs, develops, sells, offers to sell, and imports into the United
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`States semiconductor products in the mobile devices, tablet products, internet of things devices,
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`automotive devices, networking and broadband devices, and home devices industry (“Accused
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`Products”).
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`8.
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`Defendant MediaTek, which has its own design centers in the United States
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`(including a facility in Austin, Texas), contracts with third-party semiconductor fabricators or
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`foundries (“MediaTek Foundry Partners”) that own, operate, or control semiconductor
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`fabrication plants (“fabs”) within and/or outside of the United States (“International Facilities”)
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`Case 6:20-cv-01210-ADA Document 1 Filed 12/31/20 Page 3 of 68
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`to produce the Accused Products. One such MediaTek Foundry Partner is United
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`Microelectronics Corp. (“UMC”). See, e.g., “Taiwan’s UMC to scale down chip project with
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`Chinese partner,” available at https://asia.nikkei.com/Economy/Trade-war/Exclusive-Taiwan-s-
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`UMC-to-scale-down-chip-project-with-Chinese-partner (last accessed October 12, 2020).
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`Another MediaTek Foundry Partner is Taiwan Semiconductor Manufacturing Company Ltd.
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`(“TSMC”). See “Better Chipset Fabrication = Better Performance and Efficiency,” available at
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`https://www.mediatek.com/innovations/fabrication-process-technology (last accessed October
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`12, 2020). Both UMC and TSMC have a contractual partnership with MediaTek to design,
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`develop, or manufacture semiconductor products including integrated circuits for MediaTek.
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`9.
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`On information and belief, Defendant MediaTek (directly or through one or more
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`of its Foundry Partners such as UMC and TSMC) has a contractual relationship with Applied
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`Materials, Inc. (“Applied Materials”) (see, e.g., UMC’s YY Chen video, available at
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`https://www.appliedmaterials.com/automation-software (last accessed October 12, 2020); see
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`also Applied Materials’ job posting for “TSMC F15 E3 project,” available at
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`http://www.mse.ntu.edu.tw/attachments/article/154/AMT_Summer%20Student%20Program_Job
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`%20Post_2013.pdf (last accessed October 12, 2020); see also “MediaTek to transfer 28nm chip
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`orders to UMC,” available at https://www.digitimes.com/news/a20170724PD214.html (last
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`visited Oct. 12, 2020); see also “BRIEF-UMC orders machinery equipment from Applied
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`Materials' unit,” available at https://www.reuters.com/article/brief-umc-orders-machinery-
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`equipment-fro/brief-umc-orders-machinery-equipment-from-applied-materials-unit-
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`idUKH9N1M601Z (last visited Oct. 12, 2020); see also “BRIEF-TSMC Orders Machinery
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`Equipment Worth T$1.06 Billion From Applied Materials,” available at
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`https://www.reuters.com/article/brief-tsmc-orders-machinery-equipment-wo/brief-tsmc-orders-
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`Case 6:20-cv-01210-ADA Document 1 Filed 12/31/20 Page 4 of 68
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`machinery-equipment-worth-t1-06-billion-from-applied-materials-idUSS7N1QP04B (last visited
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`Oct. 12, 2020)), and PDF Solutions Inc. (“PDF Solutions”) (e.g., “Taiwan Semiconductor
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`Manufacturing Company adopts PDF Solutions yield improvement technology,” available at
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`https://www.edn.com/taiwan-semiconductor-manufacturing-company-adopts-pdf-solutions-
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`yield-improvement-technology/ (last accessed Oct. 12, 2020); see also “Exensio: Big Data in the
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`Fab,” available at https://semiwiki.com/eda/4351-exensio-big-data-in-the-fab/ (last accessed
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`Oct. 12, 2020), and one or more of the MediaTek Foundry Partners (e.g., UMC and/or TSMC)
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`employ Applied Materials’ semiconductor fabrication or manufacturing equipment, platforms,
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`and/or framework, including Applied Materials’ E3 system, including the E3 factory
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`advanced/automation process control (“APC”) platform hardware and/or software (collectively,
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`“E3 system”), PDF Solutions’ Exensio hardware and/or software (collectively, “Exensio
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`system”), and/or other advanced/automation process control system and platform hardware
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`and/or software to design, develop, and/or manufacture Defendant MediaTek’s semiconductor
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`devices, including integrated circuits.
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`10.
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`Upon information and belief, UMC and/or TSMC employ Applied Materials’
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`and/or PDF Solutions’ semiconductor fabrication or manufacturing equipment, platforms, and/or
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`framework (e.g., Applied Materials’ E3 system and/or PDF Solutions’ Exensio system) at their
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`manufacturing facilities. Applied Materials has received supplier awards and recognition from
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`UMC. See, e.g., https://www.appliedmaterials.com/files/nanochip-
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`journals/nanochip_v7_iss2_112912.pdf (last accessed October 12, 2020); see also
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`https://www.appliedmaterials.com/nanochip/nanochip-technology-journal/july-2014 (last visited
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`October 12, 2020); see also https://www.appliedmaterials.com/files/nanochip-journals/nanochip-
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`fab-solutions-12-2014-revised.pdf (last accessed October 12, 2020). Applied Materials also has
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`Case 6:20-cv-01210-ADA Document 1 Filed 12/31/20 Page 5 of 68
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`received supplier awards and recognition from TSMC. See, e.g., “TSMC Recognizes
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`Outstanding Suppliers at Supply Chain Management Forum,” available at
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`https://pr.tsmc.com/english/news/1873 (last accessed October 12, 2020). On information and
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`belief, TSMC also employs PDF Solutions’ Exensio system at TSMC’s manufacturing facilities.
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`11.
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`On information and belief, Defendant MediaTek (directly or through its
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`MediaTek Foundry Partners such as UMC and/or TSMC) employs Applied Materials’ E3 system
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`and/or PDF Solutions’ Exensio system to design, develop or manufacture one or more systems,
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`products, devices, and integrated circuits for importation into the United States for use, sale,
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`and/or offer for sale in this District and throughout the United States, including, but not limited
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`to, mobile devices (e.g., Helio G, Helio A, Helio P, Helio X, mid-range 4G devices, and Google
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`Mobile Services express devices), tablet products (e.g., MiraVision), internet of things devices
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`(e.g., i500, i350, i300A, i300B, MT3620, MT2625, MT2621, MT2601, MT2523G, MT2523D,
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`MT2511, MT6280, MT2502, MT5931, MT3332, MT 2503, MT3333, MT3303, MT3337, and
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`MT3339), automotive devices (e.g., Autus I20 (MT2712) devices, Autus R10 (MT2706) devices,
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`and Autus T10 (MT2635) devices), networking and broadband devices (e.g., MediaTek T750
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`MT7688A, MT7628K/N/A, MT7623N/A, MT7622, MT7621A/N, MT7620N/A, RT3662,
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`RT3883, MT7688K, MT5932, MT8167S, MT7686, MT7682, MT7697H/HD, MT7681,
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`MT7687F, MT7697, MT7697D, MT7601E, MT7601U, MT7603E, MT7603U, MT7610E,
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`MT7610U, MT7612E, MT7612U, MT7615, MT7615B, MT7615S, MT7662E, MT7662U,
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`MT7668, RT3062, RT3070, RT3562, RT3573, RT3593, RT5370, RT5572, RT5592, MT3729,
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`MT7601, MT7610, MT7630, RT5372, RT539x, RT8070, RT2870, RT2890, RT309x, RT3290,
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`RT3370, RT3572, RT2070, RT2760, RT2770, RT2790, and RT2860), and home devices (e.g.,
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`MT8516 SoM, MT8516, MT8507, MT8502, MediaTek C4X Development Kit for Amazon
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`Case 6:20-cv-01210-ADA Document 1 Filed 12/31/20 Page 6 of 68
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`AVS, MT8516 2-Mic Development Kit for Amazon AVS, MT8516, MT8693, MT8685,
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`MT8581, MT8580, MT8563, MT8553, MT1389/G, MT1389/J, MT1389/Q, S900 (MT9950),
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`MT9613, MT9685, MT9602, MT5592, MT5582, MT5596, MT5597, MT5580, MT5561,
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`MT5505, MT5398, MT5396, MT1959, MT1887, MT1865, MT1862, and MT1398), and similar
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`systems, products, devices, and integrated circuits including, for example, products
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`manufactured at 16nm technology node (“MediaTek APC Products”).
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`12.
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`On information and belief, Defendant MediaTek (directly or through its
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`MediaTek Foundry Partners such as UMC and/or TSMC) uses Applied Materials’ E3 system
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`and/or PDF Solutions’ Exensio system to design, develop, or manufacture the MediaTek APC
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`Products for importation into the United States for use, sale, and/or offer for sale in this district
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`and throughout the United States.
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`13.
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`On information and belief, Defendant MediaTek, directly and/or through one or
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`more of the MediaTek Foundry Partners (e.g., UMC), also employs Applied Materials’
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`SmartFactory system or platform, including Advanced Productivity Family solutions and Smart
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`Scheduling (collectively, “SmartFactory”) and/or other similar proprietary or third-party
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`scheduling and dispatching platform hardware and/or software (e.g., with similar technical and
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`functional features) to design, develop, and/or manufacture Defendant MediaTek’s
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`semiconductor devices, including integrated circuits. See, e.g., “UMC Shares Success With The
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`Applied SmartFactory®,” available at https://www.appliedmaterials.com/files/umc-china_0.mp4
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`(last accessed Oct. 12, 2020).
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`14.
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`Upon information and belief, Defendant MediaTek (directly or through its
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`MediaTek Foundry Partners such as UMC) employs Applied Materials’ scheduling and
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`Case 6:20-cv-01210-ADA Document 1 Filed 12/31/20 Page 7 of 68
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`dispatching platform (e.g., Applied Materials’ SmartFactory including SmartSched) at UMC’s
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`manufacturing facilities.
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`15.
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`On information and belief, Defendant MediaTek (directly or through its
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`MediaTek Foundry Partners such as UMC) employs Applied Materials’ SmartFactory and/or
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`other similar proprietary or third-party scheduling and dispatching platform hardware and/or
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`software (e.g., with similar technical and functional features) to design, develop or manufacture
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`one or more systems, products, devices, and integrated circuits for importation into the United
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`States for use, sale, and/or offer for sale in this District and throughout the United States,
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`including, but not limited to, mobile devices (e.g., Helio G, Helio A, Helio P, Helio X, mid-range
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`4G devices, and Google Mobile Services express devices), tablet products (e.g., MiraVision),
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`internet of things devices (e.g., i500, i350, i300A, i300B, MT3620, MT2625, MT2621, MT2601,
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`MT2523G, MT2523D, MT2511, MT6280, MT2502, MT5931, MT3332, MT 2503, MT3333,
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`MT3303, MT3337, and MT3339), automotive devices (e.g., Autus I20 (MT2712) devices, Autus
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`R10 (MT2706) devices, and Autus T10 (MT2635) devices), networking and broadband devices
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`(e.g., MediaTek T750 MT7688A, MT7628K/N/A, MT7623N/A, MT7622, MT7621A/N,
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`MT7620N/A, RT3662, RT3883, MT7688K, MT5932, MT8167S, MT7686, MT7682,
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`MT7697H/HD, MT7681, MT7687F, MT7697, MT7697D, MT7601E, MT7601U, MT7603E,
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`MT7603U, MT7610E, MT7610U, MT7612E, MT7612U, MT7615, MT7615B, MT7615S,
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`MT7662E, MT7662U, MT7668, RT3062, RT3070, RT3562, RT3573, RT3593, RT5370,
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`RT5572, RT5592, MT3729, MT7601, MT7610, MT7630, RT5372, RT539x, RT8070, RT2870,
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`RT2890, RT309x, RT3290, RT3370, RT3572, RT2070, RT2760, RT2770, RT2790, and
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`RT2860), and home devices (e.g., MT8516 SoM, MT8516, MT8507, MT8502, MediaTek C4X
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`Development Kit for Amazon AVS, MT8516 2-Mic Development Kit for Amazon AVS,
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`Case 6:20-cv-01210-ADA Document 1 Filed 12/31/20 Page 8 of 68
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`MT8516, MT8693, MT8685, MT8581, MT8580, MT8563, MT8553, MT1389/G, MT1389/J,
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`MT1389/Q, S900 (MT9950), MT9613, MT9685, MT9602, MT5592, MT5582, MT5596,
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`MT5597, MT5580, MT5561, MT5505, MT5398, MT5396, MT1959, MT1887, MT1865,
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`MT1862, and MT1398), flash memory and memory controllers (e.g., MT81XX SPI), and WiFi
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`extenders (MTK7621A) and similar systems, products, devices, and integrated circuits
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`(“MediaTek Scheduling Products”).
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`16.
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`On information and belief, Defendant MediaTek (directly or through its
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`MediaTek Foundry Partners such as UMC) uses Applied Materials’ SmartFactory and/or other
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`similar proprietary or third-party scheduling and dispatching platform hardware and/or software
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`(e.g., with similar technical and functional features) to design, develop, or manufacture the
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`MediaTek Scheduling Products for importation into the United States for use, sale, and/or offer
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`for sale in this district and throughout the United States.
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`17.
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`On information and belief, Defendant MediaTek (directly and/or through its
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`MediaTek Foundry Partners such as UMC and/or TMC) has a contractual relationship with
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`ASML Holding N.V. and/or its subsidiaries (“ASML”) (see, e.g., LinkedIn Profile for Spencer
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`Lin, Operation Manager at ASML, available at https://www.linkedin.com/in/spencer-lin-
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`a48a0082/ (last visited Oct. 12, 2020); LinkedIn Profile for Leo Li, Product Engineer at ASML,
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`available at https://www.linkedin.com/in/leo-li-74222754/ (last visited Oct. 12, 2020); LinkedIn
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`Profile for Tsung Ming C., Applicant Engineer at ASML, available at
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`https://www.linkedin.com/in/tsung-ming-c-49b4b77/ (last visited Oct. 12, 2020); LinkedIn
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`Profile for Vince Liu, Product Manager at ASML, available at
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`https://www.linkedin.com/in/vince-liu-4820b149/ (last visited Oct. 12, 2020); and LinkedIn
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`Profile for Henry Yeh, Applicant Engineer at ASML, available at
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`Case 6:20-cv-01210-ADA Document 1 Filed 12/31/20 Page 9 of 68
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`https://www.linkedin.com/in/heavyyeh/ (last visited Oct. 12, 2020)), and that one or more of the
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`MediaTek Foundry Partners (e.g., UMC and/or) employ ASML’s semiconductor fabrication or
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`manufacturing equipment and/or platforms (e.g., ASML’s TWINSCAN system hardware and
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`software or “TWINSCAN”) to design, develop, and/or manufacture Defendant MediaTek’s
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`semiconductor products and devices, such as mobile devices (e.g., Helio G, Helio A, Helio P,
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`Helio X, mid-range 4G devices, and Google Mobile Services express devices), tablet products
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`(e.g., MiraVision), internet of things devices (e.g., i500, i350, i300A, i300B, MT3620, MT2625,
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`MT2621, MT2601, MT2523G, MT2523D, MT2511, MT6280, MT2502, MT5931, MT3332, MT
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`2503, MT3333, MT3303, MT3337, and MT3339), automotive devices (e.g., Autus I20
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`(MT2712) devices, Autus R10 (MT2706) devices, and Autus T10 (MT2635) devices),
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`networking and broadband devices (e.g., MediaTek T750 MT7688A, MT7628K/N/A,
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`MT7623N/A, MT7622, MT7621A/N, MT7620N/A, RT3662, RT3883, MT7688K, MT5932,
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`MT8167S, MT7686, MT7682, MT7697H/HD, MT7681, MT7687F, MT7697, MT7697D,
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`MT7601E, MT7601U, MT7603E, MT7603U, MT7610E, MT7610U, MT7612E, MT7612U,
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`MT7615, MT7615B, MT7615S, MT7662E, MT7662U, MT7668, RT3062, RT3070, RT3562,
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`RT3573, RT3593, RT5370, RT5572, RT5592, MT3729, MT7601, MT7610, MT7630, RT5372,
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`RT539x, RT8070, RT2870, RT2890, RT309x, RT3290, RT3370, RT3572, RT2070, RT2760,
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`RT2770, RT2790, and RT2860), and home devices (e.g., MT8516 SoM, MT8516, MT8507,
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`MT8502, MediaTek C4X Development Kit for Amazon AVS, MT8516 2-Mic Development Kit
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`for Amazon AVS, MT8516, MT8693, MT8685, MT8581, MT8580, MT8563, MT8553,
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`MT1389/G, MT1389/J, MT1389/Q, S900 (MT9950), MT9613, MT9685, MT9602, MT5592,
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`MT5582, MT5596, MT5597, MT5580, MT5561, MT5505, MT5398, MT5396, MT1959,
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`MT1887, MT1865, MT1862, and MT1398), flash memory and memory controllers (e.g.,
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`MT81XX SPI), and WiFi extenders (MTK7621A) and similar systems, products, devices, and
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`integrated circuits (“MediaTek TWINSCAN Products”). See, e.g., “BRIEF-Taiwan’s UMC
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`orders equipment from ASML for T$657 mln,” available at
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`https://www.reuters.com/article/umc-corp-asml-holding-brief/brief-taiwans-umc-orders-
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`equipment-from-asml-for-t657-mln-idUSS7N0P700I20140728 (last accessed October 12, 2020);
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`see also “UMC buys equipment from ASML,” available at
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`https://www.digitimes.com/news/a20160621PM200.html (last accessed October 12, 2020); see
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`also “ASML apparently beats Nikon for UMC’s huge 300-mm scanner order,” available at
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`https://www.eetimes.com/asml-apparently-beats-nikon-for-umcs-huge-300-mm-scanner-order/
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`(last accessed October 12, 2020); see also “ASML shares gain after reports of large TSMC
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`order,” available at https://seekingalpha.com/news/3636158-asml-shares-gain-after-reports-of-
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`large-tsmc-order (last visited Oct. 12, 2020); see also “ASML’s NXE Platform Performance,”
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`available at http://euvlsymposium.lbl.gov/pdf/2013/pres/RudyPeeters.pdf (last visited Oct. 12,
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`2020).
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`18.
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`On information and belief, Defendant MediaTek (directly or through its
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`MediaTek Foundry Partners such as UMC and/or TSMC) uses ASML’s TWINSCAN platform
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`and/or its software to design, develop, or manufacture the MediaTek TWINSCAN Products for
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`importation into the United States for use, sale, and/or offer for sale in this district and
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`throughout the United States.
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`19.
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`On information and belief, Defendant MediaTek (directly and/or through its
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`MediaTek Foundry Partners) has a contractual relationship with ASML and/or its subsidiaries
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`(see, e.g., LinkedIn Profile for Spencer Lin, Operation Manager at ASML, available at
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`https://www.linkedin.com/in/spencer-lin-a48a0082/ (last visited Oct. 12, 2020); LinkedIn Profile
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`Case 6:20-cv-01210-ADA Document 1 Filed 12/31/20 Page 11 of 68
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`for Leo Li, Product Engineer at ASML, available at https://www.linkedin.com/in/leo-li-
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`74222754/ (last visited Oct. 12, 2020); LinkedIn Profile for Tsung Ming C., Applicant Engineer
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`at ASML, available at https://www.linkedin.com/in/tsung-ming-c-49b4b77/ (last visited Oct. 12,
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`2020); LinkedIn Profile for Vince Liu, Product Manager at ASML, available at
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`https://www.linkedin.com/in/vince-liu-4820b149/ (last visited Oct. 12, 2020); and LinkedIn
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`Profile for Henry Yeh, Applicant Engineer at ASML, available at
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`https://www.linkedin.com/in/heavyyeh/ (last visited Oct. 12, 2020)), and that one or more of the
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`MediaTek Foundry Partners employ ASML’s semiconductor fabrication or manufacturing
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`equipment and/or platforms (e.g., ASML’s YieldStar metrology and inspection system hardware
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`and software) to design, develop, and/or manufacture Defendant MediaTek’s semiconductor
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`products and devices, such as mobile devices (e.g., Helio G, Helio A, Helio P, Helio X, mid-
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`range 4G devices, and Google Mobile Services express devices), tablet products (e.g.,
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`MiraVision), internet of things devices (e.g., i500, i350, i300A, i300B, MT3620, MT2625,
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`MT2621, MT2601, MT2523G, MT2523D, MT2511, MT6280, MT2502, MT5931, MT3332, MT
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`2503, MT3333, MT3303, MT3337, and MT3339), automotive devices (e.g., Autus I20
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`(MT2712) devices, Autus R10 (MT2706) devices, and Autus T10 (MT2635) devices),
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`networking and broadband devices (e.g., MediaTek T750 MT7688A, MT7628K/N/A,
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`MT7623N/A, MT7622, MT7621A/N, MT7620N/A, RT3662, RT3883, MT7688K, MT5932,
`
`MT8167S, MT7686, MT7682, MT7697H/HD, MT7681, MT7687F, MT7697, MT7697D,
`
`MT7601E, MT7601U, MT7603E, MT7603U, MT7610E, MT7610U, MT7612E, MT7612U,
`
`MT7615, MT7615B, MT7615S, MT7662E, MT7662U, MT7668, RT3062, RT3070, RT3562,
`
`RT3573, RT3593, RT5370, RT5572, RT5592, MT3729, MT7601, MT7610, MT7630, RT5372,
`
`RT539x, RT8070, RT2870, RT2890, RT309x, RT3290, RT3370, RT3572, RT2070, RT2760,
`
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`Case 6:20-cv-01210-ADA Document 1 Filed 12/31/20 Page 12 of 68
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`RT2770, RT2790, and RT2860), and home devices (e.g., MT8516 SoM, MT8516, MT8507,
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`MT8502, MediaTek C4X Development Kit for Amazon AVS, MT8516 2-Mic Development Kit
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`for Amazon AVS, MT8516, MT8693, MT8685, MT8581, MT8580, MT8563, MT8553,
`
`MT1389/G, MT1389/J, MT1389/Q, S900 (MT9950), MT9613, MT9685, MT9602, MT5592,
`
`MT5582, MT5596, MT5597, MT5580, MT5561, MT5505, MT5398, MT5396, MT1959,
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`MT1887, MT1865, MT1862, and MT1398), and similar systems, products, devices, and
`
`integrated circuits (“MediaTek YieldStar Products”). See, e.g., “BRIEF-Taiwan’s UMC orders
`
`equipment from ASML for T$657 mln,” available at https://www.reuters.com/article/umc-corp-
`
`asml-holding-brief/brief-taiwans-umc-orders-equipment-from-asml-for-t657-mln-
`
`idUSS7N0P700I20140728 (last accessed October 12, 2020); see also “UMC buys equipment
`
`from ASML,” available at https://www.digitimes.com/news/a20160621PM200.html (last
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`accessed October 12, 2020); see also “ASML apparently beats Nikon for UMC’s huge 300-mm
`
`scanner order,” available at https://www.eetimes.com/asml-apparently-beats-nikon-for-umcs-
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`huge-300-mm-scanner-order/ (last accessed October 12, 2020); see also “ASML shares gain
`
`after reports of large TSMC order,” available at https://seekingalpha.com/news/3636158-asml-
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`shares-gain-after-reports-of-large-tsmc-order (last visited Oct. 12, 2020); see also “ASML’s
`
`NXE Platform Performance,” available at
`
`http://euvlsymposium.lbl.gov/pdf/2013/pres/RudyPeeters.pdf (last visited Oct. 12, 2020).
`
`20.
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`On information and belief, Defendant MediaTek (directly or through its
`
`MediaTek Foundry Partners) uses ASML’s YieldStar platform and/or its software to design,
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`develop, or manufacture the MediaTek YieldStar Products for importation into the United States
`
`for use, sale, and/or offer for sale in this district and throughout the United States.
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`Case 6:20-cv-01210-ADA Document 1 Filed 12/31/20 Page 13 of 68
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`21.
`
`Defendant MediaTek works with third parties to design and/or develop third party
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`products, such as mobile devices, tablet products, internet of things devices, automotive devices,
`
`networking and broadband devices, and home devices that include one or more MediaTek APC
`
`Products, MediaTek Scheduling Products, MediaTek TWINSCAN Products, and/or MediaTek
`
`YieldStar Products (“Third Party Products”). MediaTek assists third parties, directly or through
`
`others, to import the Third Party Products into the United States and offer to sell, and sell, such
`
`Third Party Products in the United States.
`
`JURISDICTION AND VENUE
`
`22.
`
`This is an action for patent infringement arising under the patent laws of the
`
`United States, 35 U.S.C. § 1, et seq.
`
`23.
`
`24.
`
`This Court has subject matter jurisdiction under 28 U.S.C. §§ 1331 and 1338(a).
`
`Defendant MediaTek is subject to this Court’s general personal jurisdiction at
`
`least because MediaTek is a resident of Texas and in this District as defined by Texas law.
`
`25.
`
`Defendant MediaTek is subject to this Court’s general and specific personal
`
`jurisdiction because MediaTek has sufficient minimum contacts within the State of Texas and
`
`this District, pursuant to due process and/or the Texas Long Arm Statute, Tex. Civ. Prac. & Rem.
`
`Code § 17.042. On information and belief, MediaTek contracted with one or more Texas
`
`residents in this District and one or both parties performed the contract at least in part in the State
`
`of Texas and this District; MediaTek committed the tort of patent infringement in State of Texas
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`and this District; MediaTek purposefully availed itself of the privileges of conducting business in
`
`the State of Texas and in this District; MediaTek regularly conducts and solicits business within
`
`the State of Texas and within this District; MediaTek recruits residents of the State of Texas and
`
`this District for employment inside or outside the State of Texas; Plaintiff’s causes of action arise
`
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`Case 6:20-cv-01210-ADA Document 1 Filed 12/31/20 Page 14 of 68
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`directly from MediaTek’s business contacts and other activities in the State of Texas and this
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`District; and MediaTek designs, develops, manufactures, distributes, makes available, imports,
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`sells and offers to sell products and services throughout the United States, including in this
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`judicial District, and introduces infringing products and services that into the stream of
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`commerce knowing that they would be used and sold in this judicial district and elsewhere in the
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`United States.
`
`26.
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`Venue is proper in this judicial district under 28 U.S.C. § 1391 and 28 U.S.C. §
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`1400(b) at least because Defendant MediaTek Inc. is a foreign corporation and is subject to
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`personal jurisdiction in this District and/or has regularly conducted business in this District, and
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`because certain of the acts complained of herein occurred in this District. Venue is also proper
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`for Defendant MediaTek USA at least because MediaTek USA has a regular and established
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`place of business in this District, including at least at 5914 West Courtyard Drive, Austin, Texas
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`78730.
`
`27.
`
`Additionally, Defendant MediaTek—directly or through intermediaries (including
`
`distributors, retailers, and others), subsidiaries, alter egos, and/or agents—ships, distributes,
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`offers for sale, and/or sells their products in the United States and this District. MediaTek has
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`purposefully and voluntarily placed one or more of its products into the stream of commerce that
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`infringe the Asserted Patents with the awareness and/or intent that they will be purchased by
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`consumers and businesses in this District. Defendant MediaTek knowingly and purposefully
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`ships infringing products into, and within, this District through an established distribution
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`channel. These infringing products have been, and continue to be, purchased by consumers and
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`businesses in this District.
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`THE PATENTS-IN-SUIT
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`Case 6:20-cv-01210-ADA Document 1 Filed 12/31/20 Page 15 of 68
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`28.
`
`On November 8, 2001, U.S. Patent Application No. 10/010,463 was filed at the
`
`USPTO (“the ’463 Application”). The ’463 Application was duly examined and issued as U.S.
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`Patent No. 6,660,651 (“the ’651 patent”), entitled “Adjustable Wafer Stage, and a Method and
`
`System for Performing Process Operations Using Same” on December 9, 2003. A true and
`
`correct copy of the ʼ651 patent is attached hereto as Exhibit A.
`
`29.
`
`Ocean Semiconductor is the owner of the ʼ651 patent and has the full and
`
`exclusive right to bring actions and recover past, present, and future damages for Defendant
`
`MediaTek’s infringement of the ʼ651 patent.
`
`30.
`
`The inventions of the ’651 patent resolve technical problems related to cross-
`
`wafer variations or non-uniformity characteristics in semiconductor wafers that are caused by
`
`different deposition and etch processes performed during semiconductor manufacturing. For
`
`example, the ’651 patent provides a process tool that includes an adjustable wafer stage that
`
`allows positioning or re-positioning of the wafer stage, such as raising, lowering, and varying a
`
`tilt of the surface of the wafer stage, in order to effectuate the deposition rates of semiconductor
`
`materials formed on a wafer.
`
`31.
`
`The claims of the ’651 patent do not merely recite the performance of some
`
`business practice known from the pre-Internet world along with the requirement to perform it on
`
`the Internet. Instead, the claims of the ’651 patent recite one or more inventive concepts that are
`
`rooted in computerized semiconductor manufacturing or fabrication technologies, and overcome
`
`problems specifically arising in the realm of computerized semiconductor manufacturing or
`
`fabrication technologies.
`
`32.
`
`The ’651 patent is directed to an invention that is not merely the routine or
`
`conventional use of the Internet or a generic computer. Instead, it is directed to a process tool
`
`
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`Case 6:20-cv-01210-ADA Document 1 Filed 12/31/20 Page 16 of 68
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`with an adjustable wafer stage that offers customizable positioning features to facilitate raising,
`
`lowering, or tilting of the wafer stage. This design allows surface adjustment of a wafer surface
`
`on which semiconductor materials are deposited to ensure a surface profile that is uniform across
`
`the surface of each wafer. The ’651 patent claims thus specify how a semiconductor
`
`manufacturing system is manipulated to yield a desired result.
`
`33.
`
`Accordingly, each claim of the ’651 patent recites a combination of elements
`
`sufficient to ensure that the claim in practice amounts to significantly more than a patent on an
`
`ineligible concept.
`
`34.
`
`On April 30, 2002, U.S. Patent Application No. 10/135,145 was filed at the
`
`USPTO (the “’145 Application”). The ’145 Application was duly examined and issued as U.S.
`
`Patent No. 6,907,305 (“the ‘305 Patent”), entitled “Agent Reactive Scheduling in an Automated
`
`Manufacturing Environment” on June 14, 2005. A true and correct copy of the ʼ305 patent is
`
`attached hereto as Exhibit B.
`
`35.
`
`Ocean Semiconductor is the owner of the ʼ305 patent and has the full and
`
`exclusive right to bring actions and recover past, present, and future damages for MediaTek’s
`
`infringement of the ʼ305 patent.
`
`36.
`
`The inventions of the ’305 patent resolve technical problems related to utilization
`
`of process tools and scheduling and execution control of factory control systems. For example,
`
`the ’305 patent describes agents that reactively schedule, initiate, and execute activities, such as
`
`lot transport and processing, in response to certain events occurring during the semiconductor
`
`manufacturing process.
`
`37.
`
`The claims of the ’305 patent do not merely recite the performance of some
`
`business practice known from the pre-Internet world along with the requirement to perform it on
`
`
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`Case 6:20-cv-01210-ADA Document 1 Filed 12/31/20 Page 17 of 68
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`the Internet. Instead, the claims of the ’305 patent recite one or more inventive concepts that are
`
`rooted in computerized semiconductor manufacturing or fabrication technologies, and overcome
`
`problems specifically arising in the realm of computerized semiconductor manufacturing or
`
`fabrication technologies.
`
`38.
`
`The ’305 patent is directed to an invention that is not merely the routine or
`
`conventional use of the Internet or a generic computer. Instead, it is directed to a manufacturing
`
`system that facilitates the reactive scheduling of events resulting from certain factory state
`
`changes occurred within the process flow, such as a downtime occurrence, a machine becoming
`
`available, a processing chamber being down, a lot departing a machine, a preventative
`
`maintenance and equipment qualification being detected, and a wafer being completed. This
`
`system, in turn, allows efficient management of factory control systems and optimizes wafer
`
`throughput. The ’305 patent claims thus specify how a semiconductor manufacturing system is
`
`manipulated to yield a desired result.
`
`39.
`
`Accordingly, each claim of the ’305 patent recites a combination of elements
`
`sufficient to ensure that the claim in practice amounts to significantly more than a patent on an
`
`i