Case 6:20-cv-01211-ADA Document 1 Filed 12/31/20 Page 1 of 83
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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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`v.
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`NVIDIA Corporation (“NVIDIA”),
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`Defendant.
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`Civil Action No.: 6:20-cv-1211
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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 NVIDIA Corporation (“NVIDIA” or “Defendant”), seeking damages and other
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`relief for patent infringement, and alleges with knowledge to its own acts, and on information and
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`belief as to other matters, as 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, and its registered agent for service of process in
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`Delaware is Rita Carnevale, 717 N. Union Street, Wilmington, DE 19805.
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`Case 6:20-cv-01211-ADA Document 1 Filed 12/31/20 Page 2 of 83
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`3.
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`On information and belief, Defendant NVIDIA is a corporation organized and
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`existing under the laws of Delaware, with its principal place of business at 2701 San Tomas
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`Expressway, Santa Clara, CA 95050. NVIDIA is registered with the State of Texas and may be
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`served with process through its registered agent, Corporation Service Company d/b/a CSC-
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`Lawyers Incorporating Service Company, 211 E. 7th St., Suite 620, Austin, TX 78701. On
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`information and belief, NVIDIA has a regional office in this District, including at least at 11001
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`Lakeline Blvd., Building 2, Suite 100, Austin, TX 78717.
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`4.
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`On information and belief, Defendant NVIDIA sells, offers to sell, and/or uses
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`products and services throughout the United States, including in this judicial District, and
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`introduces infringing products and services into the stream of commerce knowing that they
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`would be sold and/or used in this judicial District and elsewhere in the United States.
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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, 6,725,402, 6,907,305, 6,968,248, 8,120,170, 8,847,383,
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`7,080,330, 6,836,691, and 8,676,538 (collectively, the “Asserted Patents”). Ocean
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`Semiconductor holds all substantial rights, title, and interest in the Asserted Patents, including
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`the exclusive right to sue NVIDIA for infringement and recover damages, including damages for
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`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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`Defendant NVIDIA is a semiconductor company that designs, develops, sells,
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`offers to sell, and imports into the United States semiconductor products in the communications,
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`internet of things, automotive, computer, and consumer electronics industry (“Accused
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`Products”).
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`Case 6:20-cv-01211-ADA Document 1 Filed 12/31/20 Page 3 of 83
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`8.
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`Defendant NVIDIA, 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 (“NVIDIA Foundry Partners”) that own, operate, or control semiconductor fabrication
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`plants (“fabs”) within and/or outside of the United States (“International Facilities”) to produce
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`the Accused Products. One such NVIDIA Foundry Partner is United Microelectronics Corp.
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`(“UMC”). See, e.g., “NVIDIA Increases Foundry Outsourcing to TSMC and UMC,” available
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`at https://www.techpowerup.com/60649/nvidia-increases-foundry-outsourcing-to-tsmc-and-umc
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`(last accessed October 12, 2020). Another NVIDIA Foundry Partner is Taiwan Semiconductor
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`Manufacturing Company Ltd. (“TSMC”). See “Nvidia plans for Ampere, Hopper with TSMC
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`orders,” available at https://techreport.com/news/3470476/nvidia-tsmc-5nm-7nm-ampere-
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`hopper/ (last accessed October 12, 2020). Both UMC and TSMC have a contractual partnership
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`with NVIDIA to design, develop, or manufacture semiconductor products including integrated
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`circuits for NVIDIA.
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`9.
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`On information and belief, Defendant NVIDIA (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 “NVIDIA 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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`Case 6:20-cv-01211-ADA Document 1 Filed 12/31/20 Page 4 of 83
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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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`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 NVIDIA 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 NVIDIA’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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`Case 6:20-cv-01211-ADA Document 1 Filed 12/31/20 Page 5 of 83
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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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`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 NVIDIA (directly or through its NVIDIA
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`Foundry Partners such as UMC and/or TSMC) employs Applied Materials’ E3 system and/or
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`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, graphics cards (e.g. GEFORCE RTX models (including, but not limited to, GEFORCE RTX
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`2060, 2060 SUPER, 2070, 2070 SUPER, 2080, 2080 SUPER, 3070, 3080, and 3090),
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`GEFORCE GTX models (including, but not limited to, GEFORCE GTX 1650, 1650 SUPER,
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`1660, and 1660 Super), GEFORCE GTX TI models (including, but not limited to, GEFORCE
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`GTX 1650 TI and 1660 TI), TITAN RTX models (including, but not limited to, TITAN RTX ,
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`TITAN XP models, ZOTAC models, GIGABYTE models, ASUS models, MSI models, and
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`EVGA models), SHIELD devices, SHIELD TV media streamers, Jetson developer kits (e.g.,
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`NANO, NANO 2GB, and NANO MODULE), QUADRO professional graphics cards (e.g.,
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`QUADRO RTX 8000, QUADRO RTX 8000 NVLink HB Bridge, QUADRO RTX 6000,
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`QUADRO RTX 6000 NVLink HB Bridge, QUADRO GV100, QUADRO GV100 Bridge, and
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`QUADRO Sync II), DGX AI Workstations, products manufactured at, for example, 5nm, 7nm,
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`28nm, and/or 90nm technology node, and similar products, devices, systems, components of
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`systems, and/or integrated circuit (“NVIDIA APC Products”).
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`12.
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`On information and belief, Defendant NVIDIA (directly or through its NVIDIA
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`Foundry Partners such as UMC and/or TSMC) uses Applied Materials’ E3 system and/or PDF
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`Solutions’ Exensio system to design, develop, or manufacture the NVIDIA APC 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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`13.
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`On information and belief, Defendant NVIDIA, directly and/or through one or
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`more of the NVIDIA Foundry Partners (e.g., UMC and/or TSMC), also employs Applied
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`Materials’ SmartFactory system or platform, including Advanced Productivity Family solutions
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`and Smart Scheduling (collectively, “SmartFactory”), camLine’s semiconductor fabrication or
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`manufacturing solutions, including camLine’s LineWorks production automation solution (e.g.,
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`LineWorks eCap and LineWorks PULSE modules) (collectively, “LineWorks system”), 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, and/or
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`manufacture Defendant NVIDIA’s semiconductor devices, including integrated circuits. See,
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`e.g., “UMC Shares Success With The Applied SmartFactory®,” available at
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`https://www.appliedmaterials.com/files/umc-china_0.mp4 (last accessed Oct. 12, 2020); see also
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`“LineWorks Product,” available at https://www.all-electronics.de/wp-
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`content/uploads/migrated/document/97654/infodirectccamlineproductcatalog.pdf (last accessed
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`Oct. 12, 2020) (“Customers … > TSMC”).
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`Case 6:20-cv-01211-ADA Document 1 Filed 12/31/20 Page 7 of 83
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`14.
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`On information and belief, Defendant NVIDIA (directly or through its NVIDIA
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`Foundry Partners such as UMC and/or TSMC) employs Applied Materials’ SmartFactory,
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`camLine’s LineWorks system, and/or other similar proprietary or third-party scheduling and
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`dispatching platform hardware and/or software (e.g., with similar technical and functional
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`features) to design, develop or manufacture one or more systems, products, devices, and
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`integrated circuits for importation into the United States for use, sale, and/or offer for sale in this
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`District and throughout the United States, including, but not limited to, graphics cards (e.g.
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`GEFORCE RTX models (including, but not limited to, GEFORCE RTX 2060, 2060 SUPER,
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`2070, 2070 SUPER, 2080, 2080 SUPER, 3070, 3080, and 3090), GEFORCE GTX models
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`(including, but not limited to, GEFORCE GTX 1650, 1650 SUPER, 1660, and 1660 Super),
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`GEFORCE GTX TI models (including, but not limited to, GEFORCE GTX 1650 TI and 1660
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`TI), TITAN RTX models (including, but not limited to, TITAN RTX , TITAN XP models,
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`ZOTAC models, GIGABYTE models, ASUS models, MSI models, and EVGA models),
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`SHIELD devices, SHIELD TV media streamers, Jetson developer kits (e.g., NANO, NANO
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`2GB, and NANO MODULE), QUADRO professional graphics cards (e.g., QUADRO RTX
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`8000, QUADRO RTX 8000 NVLink HB Bridge, QUADRO RTX 6000, QUADRO RTX 6000
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`NVLink HB Bridge, QUADRO GV100, QUADRO GV100 Bridge, and QUADRO Sync II),
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`DGX AI Workstations, products manufactured at, for example, 5nm, 7nm, 28nm, and/or 90nm
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`technology node, and similar products, devices, systems, components of systems, and/or
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`integrated circuit (“NVIDIA Scheduling Products”).
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`15.
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`On information and belief, Defendant NVIDIA (directly or through its NVIDIA
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`Foundry Partners such as UMC and/or TSMC) uses 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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`Case 6:20-cv-01211-ADA Document 1 Filed 12/31/20 Page 8 of 83
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`software (e.g., with similar technical and functional features) to design, develop, or manufacture
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`the NVIDIA Scheduling Products for importation into the United States for use, sale, and/or
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`offer for sale in this district and throughout the United States.
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`16.
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`On information and belief, Defendant NVIDIA (directly and/or through its
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`NVIDIA Foundry Partners such as UMC and/or TMC) has a contractual relationship with ASML
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`Holding N.V. and/or its subsidiaries (“ASML”) (see, e.g., LinkedIn Profile for Spencer Lin,
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`Operation Manager at ASML, available at https://www.linkedin.com/in/spencer-lin-a48a0082/
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`(last visited Oct. 12, 2020); LinkedIn Profile for Leo Li, Product Engineer at ASML, available at
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`https://www.linkedin.com/in/leo-li-74222754/ (last visited Oct. 12, 2020); LinkedIn Profile for
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`Tsung Ming C., Applicant Engineer at ASML, available at https://www.linkedin.com/in/tsung-
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`ming-c-49b4b77/ (last visited Oct. 12, 2020); LinkedIn Profile for Vince Liu, Product Manager
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`at ASML, available at https://www.linkedin.com/in/vince-liu-4820b149/ (last visited Oct. 12,
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`2020); and LinkedIn 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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`NVIDIA 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 NVIDIA’s
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`semiconductor products and devices, such as graphics cards (e.g. GEFORCE RTX models
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`(including, but not limited to, GEFORCE RTX 2060, 2060 SUPER, 2070, 2070 SUPER, 2080,
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`2080 SUPER, 3070, 3080, and 3090), GEFORCE GTX models (including, but not limited to,
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`GEFORCE GTX 1650, 1650 SUPER, 1660, and 1660 Super), GEFORCE GTX TI models
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`(including, but not limited to, GEFORCE GTX 1650 TI and 1660 TI), TITAN RTX models
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`(including, but not limited to, TITAN RTX , TITAN XP models, ZOTAC models, GIGABYTE
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`Case 6:20-cv-01211-ADA Document 1 Filed 12/31/20 Page 9 of 83
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`models, ASUS models, MSI models, and EVGA models), SHIELD devices, SHIELD TV media
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`streamers, Jetson developer kits (e.g., NANO, NANO 2GB, and NANO MODULE), QUADRO
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`professional graphics cards (e.g., QUADRO RTX 8000, QUADRO RTX 8000 NVLink HB
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`Bridge, QUADRO RTX 6000, QUADRO RTX 6000 NVLink HB Bridge, QUADRO GV100,
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`QUADRO GV100 Bridge, and QUADRO Sync II), DGX AI Workstations, products
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`manufactured at, for example, 5nm, 7nm, 28nm, and/or 90nm technology node, and similar
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`products, devices, systems, components of systems, and/or integrated circuit (“NVIDIA
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`TWINSCAN Products”). See, e.g., “BRIEF-Taiwan’s UMC orders equipment from ASML for
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`T$657 mln,” available at https://www.reuters.com/article/umc-corp-asml-holding-brief/brief-
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`taiwans-umc-orders-equipment-from-asml-for-t657-mln-idUSS7N0P700I20140728 (last
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`accessed October 12, 2020); 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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`17.
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`On information and belief, Defendant NVIDIA (directly or through its NVIDIA
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`Foundry Partners such as UMC and/or TSMC) uses ASML’s TWINSCAN platform and/or its
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`software to design, develop, or manufacture the NVIDIA TWINSCAN Products for importation
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`Case 6:20-cv-01211-ADA Document 1 Filed 12/31/20 Page 10 of 83
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`into the United States for use, sale, and/or offer for sale in this district and throughout the United
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`States.
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`18.
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`On information and belief, Defendant NVIDIA (directly and/or through its
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`NVIDIA 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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`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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`NVIDIA 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 NVIDIA’s semiconductor
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`products and devices, such as graphics cards (e.g. GEFORCE RTX models (including, but not
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`limited to, GEFORCE RTX 2060, 2060 SUPER, 2070, 2070 SUPER, 2080, 2080 SUPER, 3070,
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`3080, and 3090), GEFORCE GTX models (including, but not limited to, GEFORCE GTX 1650,
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`1650 SUPER, 1660, and 1660 Super), GEFORCE GTX TI models (including, but not limited to,
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`GEFORCE GTX 1650 TI and 1660 TI), TITAN RTX models (including, but not limited to,
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`TITAN RTX , TITAN XP models, ZOTAC models, GIGABYTE models, ASUS models, MSI
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`models, and EVGA models), SHIELD devices, SHIELD TV media streamers, Jetson developer
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`Case 6:20-cv-01211-ADA Document 1 Filed 12/31/20 Page 11 of 83
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`kits (e.g., NANO, NANO 2GB, and NANO MODULE), QUADRO professional graphics cards
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`(e.g., QUADRO RTX 8000, QUADRO RTX 8000 NVLink HB Bridge, QUADRO RTX 6000,
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`QUADRO RTX 6000 NVLink HB Bridge, QUADRO GV100, QUADRO GV100 Bridge, and
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`QUADRO Sync II), DGX AI Workstations, products manufactured at, for example, 5nm, 7nm,
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`28nm, and/or 90nm technology node, and similar products, devices, systems, components of
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`systems, and/or integrated circuit, and similar systems, products, devices, and integrated circuits
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`(“NVIDIA YieldStar Products”). See, e.g., “BRIEF-Taiwan’s UMC orders equipment from
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`ASML for T$657 mln,” available at https://www.reuters.com/article/umc-corp-asml-holding-
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`brief/brief-taiwans-umc-orders-equipment-from-asml-for-t657-mln-idUSS7N0P700I20140728
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`(last accessed October 12, 2020); 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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`19.
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`On information and belief, Defendant NVIDIA (directly or through its NVIDIA
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`Foundry Partners) uses ASML’s YieldStar platform and/or its software to design, develop, or
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`manufacture the NVIDIA YieldStar Products 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.
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`Case 6:20-cv-01211-ADA Document 1 Filed 12/31/20 Page 12 of 83
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`20.
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`On information and belief, Defendant NVIDIA (e.g., through its NVIDIA
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`Foundry Partners) designs, develops, and/or manufactures Defendant NVIDIA’s semiconductor
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`products and devices that employ an integrated circuit package comprising a stiffener with a
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`bottom surface coupled to a substrate and having a space at least partly surrounding a passive
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`electronic component, including GPUs and graphics cards and processors, such as GeForce GTX
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`980M GPU, GeForce GTX 980 GPU, GeForce GTX 970M GPU, GeForce GTX 980MX,
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`GeForce GTX 980 Mobile, GeForce GTX 965M, GRID M6-8Q, Quadro M3000M, Quadro
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`M4000, Quadro M4000M, Quadro M5000, Quadro M5000M, and Tesla M6, and similar
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`systems, products, devices, and integrated circuits containing same (e.g., Microsoft Surface
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`Studio computer or similar systems containing N16E-GS-KAB-A1 chipset or similar ICs
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`(“NVIDIA Stiffener Products”).
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`21.
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`On information and belief, Defendant NVIDIA (directly or through its NVIDIA
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`Foundry Partners) uses this infringing method to fabricate or manufacture the NVIDIA Stiffener
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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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`22.
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`On information and belief, Defendant NVIDIA (e.g., through its NVIDIA
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`Foundry Partners) designs, develops, and/or manufactures Defendant NVIDIA’s semiconductor
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`products and devices that employ an integrated circuit package strip with at least one integrated
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`circuit package in the strip having four lateral sections that surround a stiffener and where at least
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`two of the four lateral sections are shared with different integrated circuit packages along the
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`strip, the stiffener comprising a bottom surface coupled to a substrate and having a space at least
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`partly surrounding at least one passive electronic component, including graphics cards and GPUs
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`(e.g., GeForce GTX 1080Ti), and similar systems, products, devices, and integrated circuits
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`(“NVIDIA Strip Package Products”).
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`23.
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`On information and belief, Defendant NVIDIA (directly or through its NVIDIA
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`Foundry Partners) uses this infringing method to fabricate or manufacture the NVIDIA Strip
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`Package Products for importation into the United States for use, sale, and/or offer for sale in this
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`district and throughout the United States.
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`24.
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`Defendant NVIDIA 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,
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`networking and broadband devices, and home devices that include one or more NVIDIA APC
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`Products, NVIDIA Scheduling Products, NVIDIA Stiffener Products, NVIDIA Strip Package
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`Products, NVIDIA TWINSCAN Products, and/or NVIDIA YieldStar Products (“Third Party
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`Products”). NVIDIA assists third parties, directly or through others, to import the Third Party
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`Products into the United States and offer to sell, and sell, such Third Party Products in the United
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`States.
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`JURISDICTION AND VENUE
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`25.
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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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`26.
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`27.
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`This Court has subject matter jurisdiction under 28 U.S.C. §§ 1331 and 1338(a).
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`NVIDIA is subject to this Court’s general personal jurisdiction at least because
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`NVIDIA is a resident of Texas as defined by Texas law.
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`28.
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`NVIDIA is additionally subject to this Court’s general and specific personal
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`jurisdiction because NVIDIA has sufficient minimum contacts within the State of Texas and this
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`District, pursuant to due process and/or the Texas Long Arm Statute, Tex. Civ. Prac. & Rem.
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`Code § 17.042. On information and belief, NVIDIA contracted with one or more Texas
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`residents in this District and one or both parties performed the contract at least in part in the State
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`of Texas and this District; NVIDIA committed the tort of patent infringement in State of Texas
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`and this District; NVIDIA purposefully availed itself of the privileges of conducting business in
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`the State of Texas and in this District; NVIDIA regularly conducts and solicits business within
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`the State of Texas and within this District; NVIDIA recruits residents of the State of Texas and
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`this District for employment inside or outside the State of Texas; Plaintiff’s causes of action arise
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`directly from NVIDIA’s business contacts and other activities in the State of Texas and this
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`District; and NVIDIA 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.
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`29.
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`Venue is proper in this Court pursuant to 28 U.S.C. §§ 1391 and 1400(b).
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`Defendant NVIDIA is subject to personal jurisdiction in this District and a substantial part of the
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`events giving rise to Vantage Micro’s claims against NVIDIA occurred and continue to occur in
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`this District. NVIDIA has a regular and established place of business in this district—including
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`at least its regional office at 11001 Lakeline Blvd., Building 2, Suite 100, Austin, TX 78717—
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`and its acts of infringement have taken place and are continuing to take place in this District.
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`30.
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`On information and belief, NVIDIA employs engineers in this District to design
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`and develop products, devices, systems, and/or components of systems that are accused of
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`infringing or more claims of the Asserted Patents. On information and belief, NVIDIA conducts
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`software and hardware development, marketing, and promotion activities with respect to
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`NVIDIA products that infringe one or more claims of the Asserted Patents.
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`31.
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`Further, NVIDIA has regularly made new product announcements in the state of
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`Texas and this District. For example, on May 6, 2016, NVIDIA selected a forum in this judicial
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`district to announce and offer for sale certain NVIDIA graphics cards, which upon information
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`and belief infringe at least one claim of at least one of the Asserted Patents. Specifically,
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`NVIDIA’s co-founder and CEO Jensen Huang promoted NVIDIA products, including the
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`NVIDIA GeForce GTX 1080 graphics card, at the Austin Convention Center located at 500 East
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`Cesar Chavez Street, Austin, TX, 78701, in this judicial district. Mr. Huang demonstrated and
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`touted the capabilities of the GeForce GTX 1080 product. NVIDIA also demonstrated for the
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`first time another infringing product (GeForce GTX 1070).
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`32.
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`Additionally, NVIDIA—directly or through intermediaries (including distributors,
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`retailers, and others), subsidiaries, alter egos, and/or agents—ships, distributes, offers for sale,
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`and/or sells its products in the United States and this District. NVIDIA has purposefully and
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`voluntarily placed one or more of its infringing products into the stream of commerce with the
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`awareness and/or intent that they will be purchased by consumers in this District. On information
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`and belief, NVIDIA knowingly and purposefully ships infringing products into, and within, this
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`District through an established distribution channel. These infringing products have been, and
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`continue to be, purchased by consumers and businesses in this District.
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`THE PATENTS-IN-SUIT
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`33.
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`On November 8, 2001, U.S. Patent Application No. 10/010,463 was filed at the
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`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
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`System for Performing Process Operations Using Same” on December 9, 2003. A true and
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`correct copy of the ʼ651 patent is attached hereto as Exhibit A.
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`34.
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`Ocean Semiconductor is the owner of the ʼ651 patent and has the full and
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`exclusive right to bring actions and recover past, present, and future damages for Defendant
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`NVIDIA’s infringement of the ʼ651 patent.
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`35.
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`The inventions of the ’651 patent resolve technical problems related to cross-
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`wafer variations or non-uniformity characteristics in semiconductor wafers that are caused by
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`different deposition and etch processes performed during semiconductor manufacturing. For
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`example, the ’651 patent provides a process tool that includes an adjustable wafer stage that
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`allows positioning or re-positioning of the wafer stage, such as raising, lowering, and varying a
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`tilt of the surface of the wafer stage, in order to effectuate the deposition rates of semiconductor
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`materials formed on a wafer.
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`36.
`
`The claims of the ’651 patent do not merely recite the performance of some
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`business practice known from the pre-Internet world along with the requirement to perform it on
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`the Internet. Instead, the claims of the ’651 patent recite one or more inventive concepts that are
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`rooted in computerized semiconductor manufacturing or fabrication technologies, and overcome
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`problems specifically arising in the realm of computerized semiconductor manufacturing or
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`fabrication technologies.
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`37.
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`The ’651 patent is directed to an invention that is not merely the routine or
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`conventional use of the Internet or a generic computer. Instead, it is directed to a process tool
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`with an adjustable wafer stage that offers customizable positioning features to facilitate raising,
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`lowering, or tilting of the wafer stage. This design allows surface adjustment of a wafer surface
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`on which semiconductor materials are deposited to ensure a surface profile that is uniform across
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`Case 6:20-cv-01211-ADA Document 1 Filed 12/31/20 Page 17 of 83
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`the surface of each wafer. The ’651 patent claims thus specify how a semiconductor
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`manufacturing system is manipulated to yield a desired result.
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`38.
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`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
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`ineligible concept.
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`39.
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`On April 30, 2002, U.S. Patent Application No. 10/135,145 was filed at the
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`USPTO (the “’145 Application”). The ’145 Application was duly examined and issued as U.S.
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`Patent No. 6,907,305 (“the ‘305 Patent”), entitled “Agent Reactive Scheduling in an Automated
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`Manufacturing Environment” on June 14, 2005. A true and correct copy of the ʼ305 patent is
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`attached hereto as Exhibit B.
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`40.
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`Ocean Semiconductor is the owner of the ʼ305 patent and has the full and
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`exclusive right to bring actions and recover past, present, and future damages for NVIDIA’s
`
`infringement of the ʼ305 patent.
`
`41.
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`The inventions of the ’305 patent resolve technical problems related to utilization
`
`of process tools and scheduling and execution contro