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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE
COMMONWEALTH RESEARCH GROUP, LLC,
Plaintiff,
v. C.A. No. 1:11-cv-00655-PD
MICROCHIP TECHNOLOGY INC., ALTERA CORPORATION, LATTICE JURY TRIAL DEMANDED SEMICONDUCTOR CORPORATION, MINDSPEED TECHNOLOGIES, INC., CYPRESS SEMICONDUCTOR CORPORATION, CONEXANT SYSTEMS, INC., TRIAD SEMICONDUCTOR, SILICON LABORATORIES INC., ZIILABS, ZILOG, ENGERGY MICRO AS, MAXIM INTEGRATED PRODUCTS, INC., EPSON ELECTRONICS AMERICA, INC., CSR PLS, ON SEMICONDUCTOR CORPORATION, DUST NETWORKS, INC., EMBER CORPORATION, NUVOTON TECHNOLOGY CORPORATION AMERICA, ALPS ELECTRIC (NORTH AMERICA), INC., and CAVIUM NETWORKS, INC.,
Defendants.
FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
Plaintiff Commonwealth Research Group, LLC (“CRG”), for its Complaint against
Microchip Technology Incorporated., Altera Corporation, Lattice Semiconductor Corporation,
Mindspeed Technologies, Inc., Cypress Semiconductor Corporation, Conexant Systems, Inc.,
Triad Semiconductor Inc., Silicon Laboratories Inc., ZiiLABS, Zilog, Inc., Energy Micro AS,
Maxim Integrated Products, Inc., Epson Electronics America, Inc., CSR plc, ON Semiconductor
Corporation, Dust Networks, Inc., Ember Corporation, Nuvoton Technology Corporation
America, Alps Electric (North America), Inc., and Cavium Networks, Inc., hereby alleges as Case 1:11-cv-00655-RGA Document 5 Filed 09/16/11 Page 2 of 30 PageID #: 36
follows:
Nature of the Case
1. This is an action for patent infringement arising under the patent laws of the
United States, 35 U.S.C. §§ 271, et seq., to enjoin and obtain damages resulting from
Defendants’ unauthorized manufacture, use, sale, offer to sell, and/or importation into the United
States for subsequent use or sale of products and/or systems that infringe one or more claims of
United States Patent No. 6,026,493, entitled “System for Conserving Energy Among Electrical
Components,” (“the ‘493 Patent”).
Parties
2. CRG is a Virginia corporation that owns the ‘493 Patent.
3. Microchip Technology Incorporated is a Delaware Corporation with its principal
place of business at 2355 West Chandler Boulevard, Chandler, Arizona 85224. Microchip
Technology Incorporated is engaged in the manufacture, sale, and/or importation in the United
States of electronic components and systems that infringe the ‘493 Patent.
4. Altera Corporation is a Delaware Corporation with its principal place of business
at 101 Innovation Drive, San Jose, California 95134-2020. Altera is engaged in the manufacture,
sale, and/or importation in the United States of electronic components and systems that infringe
the ‘493 Patent.
5. Lattice Semiconductor Corporation is a Delaware Corporation with its principal
place of business at 5555 Northeast Moore Court, Hillsboro, Oregon 97124. Lattice
Semiconductors is engaged in the manufacture, sale, and/or importation in the United States of
electronic components and systems that infringe the ‘493 Patent.
6. Mindspeed Technologies, Inc. is a Delaware Corporation with its principal place
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of business at 4000 MacArthur Boulevard, East Tower, Newport Beach, California 92660-3095.
Mindspeed Technologies is engaged in the manufacture, sale, and/or importation in the United
States of electronic components and systems that infringe the ‘493 Patent.
7. Cypress Semiconductor Corporation is a Delaware Corporation with its principal
place of business at 198 Champion Court, San Jose, California 95134. Cypress Semiconductors is engaged in the manufacture, sale, and/or importation in the United States of electronic components and systems that infringe the ‘493 Patent.
8. Conexant Systems, Inc. is a Delaware Corporation with its principal place of business at 4000 MacArthur Boulevard, Newport Beach, California 92660. Conexant is engaged in the manufacture, sale, and/or importation in the United States of electronic components and systems that infringe the ‘493 Patent.
9. Triad Semiconductor Inc. is a Florida Corporation with its principal place of business at 3900 Westpoint Boulevard, Suite D, Winston-Salem, North Carolina 27103. Triad
Semiconductor Inc. is engaged in the manufacture, sale, and/or importation in the United States of electronic components and systems that infringe the ‘493 Patent.
10. Silicon Laboratories Inc. is a Delaware Corporation with its principal place of business at 400 West Cesar Chavez, Austin, Texas 78701. Silicon Labs is engaged in the manufacture, sale, and/or importation in the United States of electronic components and systems that infringe the ‘493 Patent.
11. ZiiLABS is a Singapore Company doing business in California at 1901 McCarthy
Boulevard, Milpitas, Califonia 95035. ZiiLABS is engaged in the manufacture, sale, and/or importation in the United States of electronic components and systems that infringe the ‘493
Patent.
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12. Zilog, Inc. is a Delaware Corporation with its principal place of business at 1590
Buckeye Drive, Milpitas, California 95035-7418. Zilog, Inc. is engaged in the manufacture, sale,
and/or importation in the United States of electronic components and systems that infringe the
‘493 Patent.
13. Energy Micro AS is a Norwegian Corporation doing business in the United States
at 1111 Jonathan Drive, Inverness, Illinois 60010. Energy Micro AS is engaged in the
manufacture, sale, and/or importation in the United States of electronic components and systems
that infringe the ‘493 Patent.
14. Maxim Integrated Products, Inc. is a Delaware Corporation with its principal
place of business at 120 San Gabriel Drive, Sunnyvale, California 94086. Maxim Integrated
Products, Inc. is engaged in the manufacture, sale, and/or importation in the United States of electronic components and systems that infringe the ‘493 Patent.
15. Epson Electronics America, Inc. is a California Corporation with its principal place of business at 2580 Orchard Parkway, San Jose, California 95131. Epson Electronics
America, Inc. is engaged in the manufacture, sale, and/or importation in the United States of
electronic components and systems that infringe the ‘493 Patent.
16. CRS pls is a United Kingdom Corporation doing business in the United States at
1740 Opdyke Court, Auburn Hills, Michigan 48326. CRS pls is engaged in the manufacture,
sale, and/or importation in the United States of electronic components and systems that infringe
the ‘493 Patent.
17. ON Semiconductor Corporation is a Delaware Corporation with its principal place
of business at 5005 E. McDowell Road, Phoenix Arizona 85008. ON Semiconductor
Corporation is engaged in the manufacture, sale, and/or importation in the United States of
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electronic components and systems that infringe the ‘493 Patent.
18. Dust Networks, Inc. is a Delaware Corporation with its principal place of business at 30695 Huntwood Avenue, Hayward, California 94544. Dust Networks, Inc. is engaged in the manufacture, sale, and/or importation in the United States of electronic components and systems that infringe the ‘493 Patent.
19. Ember Corporation is a Delaware Corporation with its principal place of business at 25 Thomson Place, 2nd Floor, Boston, Massachusetts 02210. Ember Corporation is engaged in the manufacture, sale, and/or importation in the United States of electronic components and systems that infringe the ‘493 Patent.
20. Nuvoton Technology Corporation America is a Delaware Corporation with its principal place of business at 2727 N. First Street, San Jose, California, 95134. Nuvoton
Technology Corporation America is engaged in the manufacture, sale, and/or importation in the
United States of electronic components and systems that infringe the ‘493 Patent.
21. Alps Electric (North America), Inc. is a California Corporation with its principal place of business at 910 E. Hamilton Avenue, Suite 500, Campbell, California, 95008. Alps
Electric (North America), Inc. is engaged in the manufacture, sale, and/or importation in the
United States of electronic components and systems that infringe the ‘493 Patent.
22. Cavium Networks, Inc. is a Delaware Corporation with its principal place of business at 805 East Middlefield Road, Mountain View, California 94043. Cavium Networks,
Inc. is engaged in the manufacture, sale, and/or importation in the United States of electronic components and systems that infringe the ‘493 Patent.
Jurisdiction and Venue
23. This Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331 and
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1338(a) because this action arises under the patent laws of the United States.
24. This Court has personal jurisdiction over Defendants because the Defendants have established minimum contacts with the forum state Delaware. Defendants, directly and/or through third party manufacturers, manufacture or assemble products that are and have been offered for sale, sold, purchased, and used within the state of Delaware. In addition, Defendants, directly and/or through their distribution networks, regularly place their products within the
stream of commerce, with the knowledge and/or understanding that such products will be sold in
Delaware. Finally, each of the following Defendants is a Delaware corporation: Microchip
Technology Incorporated, Altera Corporation, Lattice Semiconductor Corporation, Mindspeed
Technologies, Inc., Cypress Semiconductor Corporation, Conexant Systems, Inc., Silicon
Laboratories Inc., Zilog, Inc., Maxim Integrated Products, Inc., ON Semiconductor Corporation,
Dust Networks, Inc., Ember Corporation, Nuvoton Technology Corporation America, and
Cavium Networks, Inc. Thus, Defendants have purposefully availed themselves of the benefits of the state of Delaware and the exercise of jurisdiction over Defendants would not offend traditional notions of fair play and substantial justice.
25. Defendants transact business in the state of Delaware because, among other things, Defendants manufacture and distribute products that are offered for sale, sold, purchased, and used within the state of Delaware. Defendants have also committed tortious acts of patent infringement in Delaware and are subject to personal jurisdiction in Delaware. Venue is thus proper in this district pursuant to 28 U.S.C. §§ 1391(b), (c), (d) and 1400 (b).
Cause of Action
26. Paragraphs 1 through 25 are incorporated by reference as if fully stated herein.
27. The ‘493 Patent was duly and legally issued on February 15, 2000 by the United
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States Patent and Trademark Office. A copy of the ‘493 Patent is attached hereto as Exhibit A.
28. Among other things, the ‘493 Patent claims a chip architecture that enables
computer chips to conserve energy by turning off or reducing power to selected chip elements.
29. The ‘493 Patent is valid and enforceable.
30. Commonwealth is the exclusive and current owner of all rights, title, and interest, in the ‘493 Patent, including the right to bring this suit for injunctive relief and damages.
31. Upon information and belief, Defendants have infringed and continue to infringe
one or more claims of the ‘493 Patent by engaging in acts that constitute infringement under 35
U.S.C. § 271, including but not necessarily limited to making, using, selling, and/or offering for
sale, in Delaware and elsewhere in the United States, and/or importing into Delaware or elsewhere in the United States, chips and chip components that infringe the ‘493 Patent.
32. In violation of 35 U.S.C. § 271, Microchip Technology Incorporated has been infringing and continues to infringe one or more claims of the ‘493 Patent through at least the acts of making, using, selling, offering for sale and/or importing infringing products or systems.
Microchip Technology Incorporated’s infringing products include, without limitation, the
Microchip PIC24F family of products.
33. In violation of 35 U.S.C. § 271, Altera Corporation has been infringing and continues to infringe one or more claims of the ‘493 Patent through at least the acts of making,
using, selling, offering for sale and/or importing infringing products or systems. Altera
Corporations’s infringing products include, without limitation, the Altera Stratix FPGA family of
products and the Arria GX family of products.
34. In violation of 35 U.S.C. § 271, Lattice Semiconductor Corporation has been
infringing and continues to infringe one or more claims of the ‘493 Patent through at least the
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acts of making, using, selling, offering for sale and/or importing infringing products or systems.
Lattice Semiconductor Corporation’s infringing products include, without limitation, the Lattice ispMACH family of products and the Lattice MachX02 family of products.
35. In violation of 35 U.S.C. § 271, Mindspeed Technologies, Inc. has been infringing
and continues to infringe one or more claims of the ‘493 Patent through at least the acts of
making, using, selling, offering for sale and/or importing infringing products or systems.
Mindspeed Technologies, Inc.’s infringing products include, without limitation, the Mindspeed
Transcede 4000 family of products and the Mindspeed Comcerto 5000 family of products.
36. In violation of 35 U.S.C. § 271, Cypress Semiconductor Corporation has been infringing and continues to infringe one or more claims of the ‘493 Patent through at least the acts of making, using, selling, offering for sale and/or importing infringing products or systems.
Cypress Semiconductor Corporation’s infringing products include, without limitation, the
Cypress CY8C55 family of products.
37. In violation of 35 U.S.C. § 271, Conexant Systems, Inc. has been infringing and continues to infringe one or more claims of the ‘493 Patent through at least the acts of making,
using, selling, offering for sale and/or importing infringing products or systems. Conexant
Systems, Inc.’s infringing products include, without limitation, the Conexant CX92755 product.
38. In violation of 35 U.S.C. § 271, Triad Semiconductor Inc. has been infringing and
continues to infringe one or more claims of the ‘493 Patent through at least the acts of making,
using, selling, offering for sale and/or importing infringing products or systems. Triad
Semiconductor Inc.’s infringing products include, without limitation, the Triad Mocha-1 device.
39. In violation of 35 U.S.C. § 271, Silicon Laboratories Inc. has been infringing and
continues to infringe one or more claims of the ‘493 Patent through at least the acts of making,
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using, selling, offering for sale and/or importing infringing products or systems. Silicon
Laboratories Inc.’s infringing products include, without limitation, the Silicon Labs C8051F9xx
family of products.
40. In violation of 35 U.S.C. § 271, ZiiLABS has been infringing and continues to
infringe one or more claims of the ‘493 Patent through at least the acts of making, using, selling,
offering for sale and/or importing infringing products or systems. ZiiLABS’s infringing
products include, without limitation, the ZiiLABS ZMS-20 processor and the ZiiLABS ZMS-40
processor.
41. In violation of 35 U.S.C. § 271, Zilog, Inc. has been infringing and continues to
infringe one or more claims of the ‘493 Patent through at least the acts of making, using, selling,
offering for sale and/or importing infringing products or systems. Zilog, Inc.’s infringing
products include, without limitation, the Zilog ZNEO Series MCU.
42. In violation of 35 U.S.C. § 271, Energy Micro AS has been infringing and
continues to infringe one or more claims of the ‘493 Patent through at least the acts of making,
using, selling, offering for sale and/or importing infringing products or systems. Energy Micro
AS’s infringing products include, without limitation, the Energy Micro EFM32 family of
products.
43. In violation of 35 U.S.C. § 271, Maxim Integrated Products, Inc. has been
infringing and continues to infringe one or more claims of the ‘493 Patent through at least the
acts of making, using, selling, offering for sale and/or importing infringing products or systems.
Maxim Integrated Products, Inc.’s infringing products include, without limitation, the Maxim
MAXQ family of microcontrollers.
44. In violation of 35 U.S.C. § 271, Epson Electronics America, Inc. has been
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infringing and continues to infringe one or more claims of the ‘493 Patent through at least the acts of making, using, selling, offering for sale and/or importing infringing products or systems.
Epson Electronics America, Inc.’s infringing products include, without limitation, the Seiko
Epson Low Power Microcontroller family of products.
45. In violation of 35 U.S.C. § 271, CSR plc has been infringing and continues to infringe one or more claims of the ‘493 Patent through at least the acts of making, using, selling, offering for sale and/or importing infringing products or systems. CSR plc’s infringing products include, without limitation, the SiRFstarIV GSD4e and SiRFprima processor chips.
46. In violation of 35 U.S.C. § 271, ON Semiconductor Corporation has been infringing and continues to infringe one or more claims of the ‘493 Patent through at least the acts of making, using, selling, offering for sale and/or importing infringing products or systems.
ON Semiconductor Corporation’s infringing products include, without limitation, the Q32M210 microcontroller.
47. In violation of 35 U.S.C. § 271, Dust Networks, Inc. has been infringing and continues to infringe one or more claims of the ‘493 Patent through at least the acts of making, using, selling, offering for sale and/or importing infringing products or systems. Dust Networks,
Inc.’s infringing products include, without limitation, the SmartMesh IP DN6000 Mote-on-Chip.
48. In violation of 35 U.S.C. § 271, Ember Corporation has been infringing and continues to infringe one or more claims of the ‘493 Patent through at least the acts of making, using, selling, offering for sale and/or importing infringing products or systems. Ember
Corporation’s infringing products include, without limitation, the EM300 family of chips.
49. In violation of 35 U.S.C. § 271, Nuvoton Technology Corporation America has been infringing and continues to infringe one or more claims of the ‘493 Patent through at least
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the acts of making, using, selling, offering for sale and/or importing infringing products or systems. Nuvoton Technology Corporation America’s infringing products include, without limitation, the NuMicro family of microcontrollers.
50. In violation of 35 U.S.C. § 271, Alps Electric (North America), Inc. has been infringing and continues to infringe one or more claims of the ‘493 Patent through at least the acts of making, using, selling, offering for sale and/or importing infringing products or systems.
Alps Electric (North America), Inc.’s infringing products include, without limitation, the UGFZ1 communications module.
51. In violation of 35 U.S.C. § 271, Cavium Networks, Inc. has been infringing and continues to infringe one or more claims of the ‘493 Patent through at least the acts of making,
using, selling, offering for sale and/or importing infringing products or systems. Cavium
Networks, Inc.’s infringing products include, without limitation, the Odyssey CNO9010 Wireless
Processor.
52. In addition, and upon information and belief, Defendants have – in violation of 35
U.S.C. § 271 – induced or contributed to the infringement of the ‘493 Patent by selling infringing chips and/or chip components to other organizations that incorporate the infringing chips and/or chip components in products that are sold in Delaware and throughout the United States.
53. Unless enjoined by this Court, Defendants will continue their infringement of the
‘493 Patent and Plaintiff has been and will continue to be seriously and irreparably injured.
54. Defendants infringement of the ‘493 patent is exceptional and entitles CRG to attorneys’ fees and costs incurred in prosecuting this action under 35 U.S.C. § 285.
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Prayer for Relief
Wherefore CRG prays:
a. That this Court enter judgment that Defendants have infringed United States Patent No.
6,026,493;
b. That CRG be awarded all damages adequate to compensate it for Defendants’
infringement of the ‘493 patent, such damages to be determined by a jury, and if
necessary to adequately compensate CRG for the infringement, an accounting;
c. That this case be declared an exceptional case within the meaning of 35 U.S.C. § 285 and
that CRG be awarded attorneys’ fees, costs, and expenses incurred in connection with
this action; and
d. That CRG be awarded such other and further relief as this Court deems just and proper.
Jury Demand
Plaintiff hereby demands a trial by jury of any issue triable by right by a jury pursuant to
Rule 38 of the Federal Rules of Civil Procedure.
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Dated: September 16, 2011 /s/ Richard K. Herrmann Richard K. Herrmann (I.D. #405) Mary B. Matterer (I.D. #2696) MORRIS JAMES LLP 500 Delaware Avenue, Suite 1500 Wilmington, Delaware 19801 Telephone: (302) 888-6800 Facsimile: (302) 571-1750 [email protected]
Daniel Kotchen Daniel L. Low Robert A. Klinck Alicia Gutierrez KOTCHEN & LOW LLP 2300 M Street NW, Suite 800 Washington, DC 20037 Telephone: (202) 416-1848 Facsimile: (202) 280-1128 [email protected]
Attorneys for Plaintiff Commonwealth Research Group, LLC
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