1

2

3

4

5

6 DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON 7 AT SEATTLE 8

9 WASHINGTON RESEARCH NO. 2:10-cv-1050 JLR FOUNDATION, a Washington Corporation, 10 AMENDED COMPLAINT Plaintiff, 11 vs. 12 SILICON LABORATORIES INC., JURY DEMAND a Delaware Corporation; APPLE INC., a 13 California Corporation; GARMIN, LTD., a 14 Cayman Islands Corporation; GARMIN INTERNATIONAL, INC., a Kansas 15 Corporation; , LTD., a Corporation; IRIVER INC., a California 16 Corporation; SANDISK CORPORATION, a Delaware Corporation; AVNET, INC., a New 17 York Corporation; CO., LTD., a South Korean Corporation; PANTECH & 18 CURITEL COMMUNICATIONS, INC., a South Korean Corporation; and PANTECH 19 WIRELESS, INC., a Georgia Corporation, 20

21 Defendants.

22 Plaintiff Washington Research Foundation complains against defendants Silicon 23

24 Laboratories Inc., Apple, Inc. (“Apple”); Garmin, Ltd. and Garmin International, Inc.

25 (collectively, “Garmin”); iriver, Ltd. and iriver Inc. (collectively, “iriver”); SanDisk

COMPLAINT - 1 Victoria Gruver Curtin, PLC 14555 North Scottsdale Road, Suite 160 Scottsdale, AZ 85254 Phone: (480) 998-3547 Fax: (480) 596-7956

1 Corporation(“SanDisk”); Avnet, Inc. (“Avnet”); Pantech Co., Ltd., Pantech & Curitel

2 Communications, Inc. and Pantech Wireless, Inc. (collectively, “Pantech”), as follows: 3 I. PARTIES, JURISDICTION AND VENUE 4

5 1. This action arises under the Patent Laws of the United States, 35 United

6 States Code. This Court has jurisdiction of this action under 28 U.S.C. § 1338(a).

7 2. Washington Research Foundation (also referred to as “WRF”) is an 8 independent nonprofit Washington State 501(c)(3) organization based in Seattle, 9

10 Washington. Washington Research Foundation was created in 1981 and is mandated by

11 federal statute to review technology disclosures by the University of Washington and

12 other Washington research institutions, obtain protection for such technology through 13 patents, copyrights, or other means, and provide for the license, sale, or other 14

15 exploitation of such technology. The activities of the WRF are funded by revenue from

16 technology licensing and the investment of retained funds. Washington Research

17 Foundation has benefited Washington State research institutions by licensing a variety of 18 technologies to industry, including the basis for a hepatitis B virus vaccine, blood 19 clotting factors, recombinant insulin, and wireless technology supporting the “” 20

21 and other wireless technologies.

22 3. Washington Research Foundation provides support through gifts and 23 grants for scholarship and research to the University of Washington. Such gifts and 24 licensing disbursements have totaled more than $280 million, thus providing a 25 substantial return on investment to the taxpayers whose dollars support this institution. COMPLAINT - 2 Victoria Gruver Curtin, PLC 14555 North Scottsdale Road, Suite 160 Scottsdale, AZ 85254 Phone: (480) 998-3547 Fax: (480) 596-7956

1 The gifts from the Washington Research Foundation have supported the creation of over

2 100 endowments for chairs, professorships, research fellowships and graduate stipends in 3 science, medicine and engineering, all at reduced or no cost to the taxpayer. Educational 4

5 programs created and supported by the Washington Research Foundation include the

6 Center for Technology Entrepreneurship (University of Washington Business School)

7 and the Program for Technology Commercialization (University of Washington 8 Bioengineering), all of which substantially benefit society and improve the human 9

10 condition. The Washington Research Foundation was a founding supporter of

11 technology “gap” funding programs at the University of Washington, the Fred

12 Hutchinson Cancer Research Center, and Washington State University. 13 4. Defendant Silicon Laboratories Inc. (“SiLabs”) is a corporation established 14

15 under the laws of the State of Delaware with its principal place of business in Austin,

16 Texas. SiLabs manufactures and/or sells electronic devices including Low IF chipsets.

17 On information and belief, SiLabs offers to sell and sells such devices (including the 18 accused SiLabs devices as hereinafter identified) within this judicial district and 19 conducts other business within this judicial district or elsewhere in the United States that 20

21 impacts this jurisdiction. SiLabs has caused the accused devices to be sold in the

22 Western District of Washington by delivering such devices into the stream of commerce 23 with the expectation that they will be purchased within this district, including at least 24 through defendant SiLab’s relationship with defendant Avnet, Inc., a distributor of 25

COMPLAINT - 3 Victoria Gruver Curtin, PLC 14555 North Scottsdale Road, Suite 160 Scottsdale, AZ 85254 Phone: (480) 998-3547 Fax: (480) 596-7956

1 electronic devices including many of the accused devices. Avnet’s sales division that

2 sells SiLabs’ products is based in Redmond, Washington, within this judicial district. 3 5. Defendant Apple Inc. is a corporation established under the laws of 4

5 California with its principal place of business in Cupertino, California. Apple

6 manufactures and sells electronic devices such as portable media players. On

7 information and belief, Apple sells or offers to sell such devices (including the accused 8 Apple devices) within this judicial district, and conducts other business within this 9

10 judicial district or elsewhere in the United States that impacts this jurisdiction. Apple

11 has also caused accused devices to be sold in the Western District of Washington by

12 delivering such devices into the stream of commerce with the expectation that they will 13 be offered for sale, sold, purchased or used within this district and by conducting other 14

15 business within this judicial district or elsewhere in the United States that impacts this

16 jurisdiction.

17 6. Defendant Garmin, Ltd. is a corporation established under the laws of the 18 Cayman Islands and based in Camana Bay, Cayman Islands. Garmin International, Inc. 19 is a corporation established under the laws of the State of Kansas and based in Olathe, 20

21 Kansas, and is a wholly owned subsidiary of Garmin, Ltd. Garmin, Ltd., including

22 through its subsidiary Garmin International, Inc. , manufactures and sells electronic 23 devices such as Global Positioning Receivers (“GPS Receivers”). On information and 24 belief, Garmin sells or offers to sell such devices (including the accused Garmin devices) 25 within this judicial district, and conducts other business within this judicial district or COMPLAINT - 4 Victoria Gruver Curtin, PLC 14555 North Scottsdale Road, Suite 160 Scottsdale, AZ 85254 Phone: (480) 998-3547 Fax: (480) 596-7956

1 elsewhere in the United States that impacts this jurisdiction. Garmin has also caused

2 infringing devices to be sold in the Western District of Washington by delivering such 3 devices into the stream of commerce with the expectation that they will be offered for 4

5 sale, sold, purchased or used within this district.

6 7. Defendant iriver, Ltd, is a corporation established under the laws of South

7 Korea with its principal office in , Korea. iriver, Inc. is a corporation established 8 under the laws of the State of California with its principal office in Irvine, California, 9

10 and is a wholly owned subsidiary of iriver, Ltd. iriver Ltd., including through its

11 subsidiary iriver, Inc., manufactures and sells electronic devices such as portable media

12 players. On information and belief, iriver sells or offers to sell such devices (including 13 the accused iriver devices) within this judicial district, and conducts other business 14

15 within this judicial district or elsewhere in the United States that impacts this

16 jurisdiction. iriver has also caused accused devices to be sold in the Western District of

17 Washington by delivering such devices into the stream of commerce with the expectation 18 that they will be offered for sale, sold, purchased or used within this judicial district. 19 8. Defendant SanDisk Corporation is a corporation established under the laws 20

21 of Delaware and based in Milpitas, California. SanDisk manufactures and sells

22 electronic devices such as portable media players. On information and belief, SanDisk 23 sells or offers to sell such devices (including the accused SanDisk devices) within this 24 judicial district, and conducts other business within this judicial district or elsewhere in 25 the United States that impacts this jurisdiction. Sandisk has also caused infringing COMPLAINT - 5 Victoria Gruver Curtin, PLC 14555 North Scottsdale Road, Suite 160 Scottsdale, AZ 85254 Phone: (480) 998-3547 Fax: (480) 596-7956

1 devices to be sold in the Western District of Washington by delivering such devices into

2 the stream of commerce with the expectation that they will be offered for sale, sold, 3 purchased or used within this district. 4

5 9. Defendant Avnet, Inc. is a corporation established under the laws of New

6 York with its principal office in Phoenix, Arizona. Avnet sells electronic devices such as

7 FM tuner and TV tuner chipsets. Avnet sells or offers to sell such devices (including the 8 accused devices of certain defendants herein) within this judicial district, and conducts 9

10 other business within this judicial district or elsewhere in the United States that impacts

11 this jurisdiction. Avnet has also caused accused devices to be sold in the Western

12 District of Washington by delivering such devices into the stream of commerce with the 13 expectation that they will be offered for sale, sold, purchased or used within this district. 14 10. 15 Defendant Pantech Co., Ltd. is a corporation established under the laws of

16 South Korea with its principal office in Seoul, Korea. Defendant Pantech & Curitel

17 Communications, Inc. is a corporation established under the laws of South Korea and 18 with its principal office in Seoul, Korea. Defendant Pantech Wireless, Inc. is a 19 corporation established under the laws of the State of Georgia with its principal office in 20

21 Atlanta, Georgia. On information and belief, Pantech Wireless is a wholly owned

22 subsidiary of either Pantech Co., Ltd. or Pantech & Curitel Communications, Inc. These 23 Pantech defendants manufacture and sell electronic devices such as cellular telephones. 24 On information and belief, Pantech sells or offers to sell such devices (including the 25 accused Pantech devices) within this judicial district, and conducts other business within COMPLAINT - 6 Victoria Gruver Curtin, PLC 14555 North Scottsdale Road, Suite 160 Scottsdale, AZ 85254 Phone: (480) 998-3547 Fax: (480) 596-7956

1 this judicial district or elsewhere in the United States that impacts this jurisdiction.

2 Pantech has also caused accused devices to be sold in the Western District of 3 Washington by delivering such devices into the stream of commerce with the expectation 4

5 that they will be offered for sale, sold, purchased or used within this district.

6 11. Accordingly, personal jurisdiction is established over defendants and

7 venue is appropriate in this District under 28 U.S.C. §§ 1391(c) and 1400(b), and 8 personal jurisdiction is established over defendants, and each of them, based upon acts of 9

10 infringement in this district.

11 II. WRF’S LOW IF PATENT PORTFOLIO

12 12. The University of Washington is the assignee of a portfolio of patents duly 13 and legally issued to Edwin A. Suominen for the inventions claimed therein relating to 14

15 Low Intermediate Frequency (“Low IF”) radio frequency (RF) receiver technology,

16 including certain Low IF radio frequency receiver technology used in commercially

17 significant Bluetooth® and FM radio data communication systems. Relevant issued 18 patents include (collectively, the “Subject Patents): 19 ● U.S. Patent 5,937,341, titled “Simplified high frequency tuner and tuning 20

21 method,” filed September 13, 1996 and issued August 10, 1999;

22 ● U.S. Patent 6,427,068, titled “Simplified high frequency tuner and tuning

23 method,” filed May 24, 1999 as a division of the ‘341 Patent, issued July

24 30, 2002; 25

COMPLAINT - 7 Victoria Gruver Curtin, PLC 14555 North Scottsdale Road, Suite 160 Scottsdale, AZ 85254 Phone: (480) 998-3547 Fax: (480) 596-7956

1 ● U.S. Patent 6,631,256, titled “Simplified high frequency tuner and tuning

2 method,” filed October 27, 2001 as a continuation of the ‘068 Patent, 3 issued October 7, 2003; 4 ● U.S. Patent 7,116,963, titled “Simplified high frequency tuner and tuning 5 method,” filed August 25, 2003 as a continuation of the ‘256 Patent, issued 6 October 3, 2006; 7 ● U.S. Patent 7,606,542, titled “Simplified high frequency tuner and tuning 8

9 method,” filed June 15, 2005, issued October 20, 2009;

10 ● U.S. Patent 7,606,549, titled “Selective channel tuner and tuning method,”

11 filed August 23, 2006, issued October 20, 2009; and

12 ● U.S. Patent 7,639,996, titled “Simplified high frequency tuner and tuning 13 method,” filed July 10, 2008 as a divisional of the ‘542 Patent, issued 14 December 29, 2009. 15

16 The ‘341 and ‘542 Patents are hereinafter referred to as “the Infringed Patents.” Under

17 35 U.S.C. § 154(d), one or more of the defendants may be responsible for provisional

18 damages if that defendant infringed any claims of an Infringed Patent that it knew was

19 published by the United States Patent Office when pending as an application and that

20 issued without substantive change. 21 13. The University of Washington is also the assignee of a portfolio of patent 22 applications naming Edwin A. Suominen as inventor relating to RF receiver technology, 23

24 including certain Low IF radio frequency receiver technology used in commercially

25

COMPLAINT - 8 Victoria Gruver Curtin, PLC 14555 North Scottsdale Road, Suite 160 Scottsdale, AZ 85254 Phone: (480) 998-3547 Fax: (480) 596-7956

1 significant Bluetooth® and FM radio data communication systems. The relevant

2 pending applications include (collectively, the “Subject Applications”): 3 ● SN 12/170,978, filed December 25, 2008 as a continuation of 4 SN11/510,480 (now issued as the ‘549 Patent); 5

6 ● SN 12/484,018, filed October 8, 2009, as a continuation of SN12/170,978;

7 ● SN 12/614,515, filed November 9, 2009, as a divisional of 12/171,036

8 (now issued as the ‘996 Patent);

9 ● SN 12/614,623, filed November 9, 2009, as a divisional of 12/171,036

10 (now issued as the ‘996 Patent); 11 ● SN 12/615,031, filed November 9, 2009, as a divisional of 12/171,036 12 (now issued as the ‘996 Patent); 13 ● SN 12/615,130, filed November 9, 2009, as a divisional of 12/171,036 14 (now issued as the ‘996 Patent); and 15

16 ● SN 12/749,742, filed March 30, 2010, as a continuation of 12/170,978.

17 Each of these applications, except SN 12/749,742, has been published by the U.S. Patent

18 and Trademark Office. Under 35 U.S.C. § 154(d), one or more of the defendants may be 19 responsible for provisional damages if they infringe any of WRF’s published claims that 20 such defendant has notice of and that issue as a patent without substantive change. 21 Hereinafter, the Subject Patents and the Subject Applications may be referred to jointly 22 as the “Subject Patents and Applications.” 23

24 14. Mr. Suominen assigned all right, title and interest in the Subject Patents

25 and Applications to the University of Washington, including the right to sue for

COMPLAINT - 9 Victoria Gruver Curtin, PLC 14555 North Scottsdale Road, Suite 160 Scottsdale, AZ 85254 Phone: (480) 998-3547 Fax: (480) 596-7956

1 infringement and to collect damages for such infringement. The University of

2 Washington, in turn, exclusively licensed the Subject Patents and Applications to the 3 WRF to include in its patent licensing program, and, if necessary, to enforce in the name 4

5 of the Washington Research Foundation all rights available in law and equity under the

6 Subject Patents and Applications including the right to sue for infringement and collect

7 damages for infringement. 8 III. THE LICENSING PROGRAM 9

10 15. WRF has for several years engaged in a program to offer to the industry on

11 fair and reasonable terms licenses under any or all of the Subject Patents and

12 Applications. In accordance with that program, WRF provided notice of the Subject 13 Patents and Applications (in their various stages of issuance and pendency) to numerous 14

15 companies believed to practice the inventions described and claimed therein (the

16 “Alleged Direct Infringers”). Among others, WRF gave such notice to defendants Apple

17 and Avnet. Apple and Avnet, and each of them, engaged in correspondence with WRF 18 regarding its infringement assertions, and ultimately declined to take licenses under the 19 Subject Patents and Applications. 20

21 16. A number of the Alleged Direct Infringers informed WRF that they

22 believed certain suppliers of Low IF radio chipsets were at least indirectly responsible 23 for any infringement of the Subject Patents and Applications, and further, that they 24 intended to rely on indemnity obligations from the Low IF radio chipset suppliers. On 25

COMPLAINT - 10 Victoria Gruver Curtin, PLC 14555 North Scottsdale Road, Suite 160 Scottsdale, AZ 85254 Phone: (480) 998-3547 Fax: (480) 596-7956

1 information and belief, a number of the Alleged Direct Infringers provided notice to their

2 respective Low IF radio chipset suppliers of WRF’s infringement allegations. 3 17. Thereafter, various Low IF radio chipset suppliers contacted WRF to 4

5 discuss the merits of WRF’s infringement allegations and the possibility of acquiring

6 license rights under the Subject Patents and Applications. In addition, as an

7 accommodation to the Alleged Direct Infringers, WRF initiated discussion with other 8 Low IF radio chipset suppliers to determine if such chipset suppliers were interested in 9

10 accepting license rights from WRF that would benefit their customers.

11 18. As a result of its licensing efforts, WRF was able to conclude license

12 agreements under the Subject Patents and Applications with a substantial number of the 13 Low IF radio chipset companies, including: Broadcom Corp., CSR plc, SiTel 14

15 Semiconductor BV, TOSHIBA Corp., Marvell Semiconductor, Inc., and Ericsson AB

16 (with certain rights extending to two of its licensees, National Semiconductor and

17 Winbond). In addition, WRF has reached agreement in principle with Infineon, and 18 barring unforeseen circumstances, expects the license to be completed shortly. These 19 licensed companies (including Infineon once the agreement is complete) are hereinafter 20

21 referred to as “Licensed Chipset Suppliers.” The specific terms and conditions of the

22 licenses signed with the Licensed Chipset Suppliers are confidential. However, in 23 general, and as a result of these license agreements, many of the Alleged Direct 24 Infringers are now indirectly licensed for their products that use licensed chipsets from 25 the Licensed Chipset Suppliers. COMPLAINT - 11 Victoria Gruver Curtin, PLC 14555 North Scottsdale Road, Suite 160 Scottsdale, AZ 85254 Phone: (480) 998-3547 Fax: (480) 596-7956

1 19. In addition, WRF successfully licensed the Subject Patents and

2 Applications to several Alleged Direct Infringers, including at least: Cisco Systems, Inc., 3 GN Netcom A/S, Harman International Industries, Inc., and VTech Communications, 4

5 Inc. These companies are hereafter referred to as the “Licensed Integrators.” The

6 specific terms and conditions of the licenses signed with the Licensed Integrators are

7 confidential. However, in general, these licenses allow Licensed Integrators to employ 8 in their products infringing Low IF chipsets without regard to whether the chipsets are 9

10 licensed under the Subject Patents and Applications.

11 20. Products manufactured by the Licensed Chipset Suppliers or the Licensed

12 Integrators within the Licensed Fields of their respective license agreements with WRF 13 are hereinafter referred to as “Licensed Products.” WRF does not assert that use of a 14

15 Licensed Product by any company constitutes infringement of any of the Subject Patents

16 or Applications. Further, to the extent that any of SiLabs products are used by a

17 Licensed Integrator, WRF acknowledges that such products may be licensed, and if so, 18 will not be at issue in this action. 19 21. Over the last year, WRF has engaged in negotiations with SiLabs. During 20

21 these negotiations, WRF has explained its infringement contentions and offered SiLabs a

22 license under the Subject Patents and Applications. To date, SiLabs has failed to take a 23 license that would enable it or OEM, integrator and distributor companies to 24 manufacture, use, import, sell and/or offer for sale in the United States products 25 employing its chipsets. COMPLAINT - 12 Victoria Gruver Curtin, PLC 14555 North Scottsdale Road, Suite 160 Scottsdale, AZ 85254 Phone: (480) 998-3547 Fax: (480) 596-7956

1 IV. SILABS’ INFRINGEMENT

2 22. SiLabs’ products include various FM tuners, including at least its Si4700, 3 Si4701, Si4702, and Si4705 chipsets. These chipsets are or have been used in consumer 4

5 products sold in the United States by at least Apple, Garmin, iriver and SanDisk

6 23. SiLabs’ manufacture, use, importation, sale and/or offer for sale of such

7 FM tuners infringes at least (without limitation) claim 18 of WRF’s asserted U.S. Patent 8 5,937,341 and claims 31, 33, 35, 46 and 49 of WRF’s asserted U.S. Patent 7,606,542. In 9

10 addition, the use of such chipsets infringes the following method claims: claims 1, 2, 3,

11 4, 5, 6, 37 and 39 of the ‘542 Patent. On information and belief, SiLabs uses such

12 chipsets, and therefore infringes said method claims, at least in testing and demonstration 13 thereof. Moreover, such chipsets are especially made or adapted for use in an infringing 14

15 manner, and are not staple articles or commodities of commerce capable of non-

16 infringing use. SiLabs knew that use of such chipsets by its customers and by consumers

17 in its customers’ products were infringing the above patents, and that SiLabs’ 18 manufacture, use, importation, sale and/or offer for sale of such chipsets constitutes 19 contributory infringement under 35 U.S.C. §271(c). Furthermore, SiLabs knew of 20

21 WRF’s ‘542 Patent and knew or acted with indifference to whether its actions would

22 induce infringement pursuant to 35 U.S.C. §271(b). 23 24. WRF also believes SiLabs is further infringing claims of WRF’s U.S. 24 Patent 7,606,549 by the use, sale or offer for sale of its FM tuners. WRF’s belief is 25 based on, among other things, multiple Silicon Labs patents and pending patent COMPLAINT - 13 Victoria Gruver Curtin, PLC 14555 North Scottsdale Road, Suite 160 Scottsdale, AZ 85254 Phone: (480) 998-3547 Fax: (480) 596-7956

1 applications that describe a technique applicable to their FM products that would result

2 in infringement of WRF’s ‘549 Patent. See, e.g., SiLabs U.S. Patent No. 7,272,374 at 3 col. 16, line 55 to col. 18, line 10 and claim 1; see also SiLabs U.S. Patent No. 7,272,375 4

5 at col. 16, line 5 to col. 18, line 6; SiLabs U.S. Patent Application Serial No. 12/459,290,

6 U.S. Pub No. 2009/0270063, ¶¶ 57-63; and SiLabs U.S. Patent Application Serial No.

7 12/317,399, U.S. Pub No. 2009/0117869, ¶¶ 63-68. SiLabs denies WRF’s allegations of 8 infringement relating to the ‘549 Patent, but has refused to provide any basis for its 9

10 denial or technical details that would allow WRF to confirm SiLabs’ denial.

11 25. SiLabs also produces various TV tuners, including at least its Si2170

12 chipsets. These TV tuners have been sold or offered for sale in the United States by at 13 least Avnet. Furthermore, SiLabs has announced that Mitsubishi Digital Electronics 14 ™ 15 America, Inc. has chosen the Si217x silicon TV tuner for its Unisen brand of

16 Immersive Sound LED TVs.

17 26. SiLabs’ manufacture, use, importation, sale and/or offer for sale of such 18 TV tuners infringes at least (without limitation) claim 18 of WRF’s asserted ‘341 Patent 19 and claims 31, 33, 35, and 36 of WRF’s asserted ‘542 Patent. In addition, the use of 20

21 such chipsets infringes claim 26 of the ‘542 Patent, a method claim. On information and

22 belief, SiLabs uses such chipsets, and therefore infringes said method claim, in at least 23 testing and demonstration thereof. Moreover, such chipsets are especially made or 24 adapted for use in an infringing manner, and are not staple articles or commodities of 25 commerce capable of non-infringing use. SiLabs knew that use of such chipsets by its COMPLAINT - 14 Victoria Gruver Curtin, PLC 14555 North Scottsdale Road, Suite 160 Scottsdale, AZ 85254 Phone: (480) 998-3547 Fax: (480) 596-7956

1 customers and by consumers in its customers’ products were both patented and

2 infringing, and SiLabs’ manufacture, use, importation, sale and/or offer for sale of such 3 chipsets constituted contributory infringement under 35 U.S.C. §271(c). Furthermore, 4

5 SiLabs knew of WRF’s ‘542 Patent and knew or acted with indifference to whether its

6 actions would induce infringement pursuant to 35 U.S.C. §271(b).

7 27. SiLabs also produced various Global System for Mobile Communications 8 (“GSM”) devices, including at least its Si4210 chipsets. These GSM chipsets were used 9

10 in consumer products sold in the United States by at least Pantech (PG-C300 and PG-

11 3600 cellular telephones).

12 28. SiLabs’ manufacture, use, importation, sale and/or offer for sale of such 13 GSM devices infringed at least (without limitation) claims 18 and 20 of WRF’s asserted 14

15 ‘341 Patent.

16 29. On information and belief, SiLabs’ also sells its infringing chipsets to

17 customers other than those named as defendants herein. 18 V. INFRINGEMENT BY SILABS’ CUSTOMERS 19 30. Defendant Apple’s 5th generation iPod Nano 20

21 contains or has contained SiLabs’ Si4705 FM chip. Defendant Garmin’s nüvi 1490T

22 GPS Receiver contains or has contained SiLabs’ Si4702 FM chip. Defendant iriver’s 23 E10 and S10 portable media players contain or have contained SiLabs’ Si4700 chip. 24 Defendant SanDisk’s Sansa C200, Guze and View portable media players contain or 25

COMPLAINT - 15 Victoria Gruver Curtin, PLC 14555 North Scottsdale Road, Suite 160 Scottsdale, AZ 85254 Phone: (480) 998-3547 Fax: (480) 596-7956

1 have contained the Si4702 FM chip. Further, Defendant Avnet sells, has sold or has

2 offered for sale numerous SiLabs’ FM tuners including the accused tuners. 3 31. The manufacture, use, importation, sale and/or offer for sale in the United 4

5 States by said Defendants of the identified SiLabs’ FM chipsets or products that employ

6 at least the identified chips, infringe at least (without limitation) claim 18 of WRF’s

7 asserted U.S. Patent 5,937,341 and claims 31, 33, 35, 46 and 49 of WRF’s asserted U.S. 8 Patent 7,606,542. In addition, the use of such products infringes at least (without 9

10 limitation) claims 1, 2, 3, 4, 5, 6, 37 and 39 of the ‘542 Patent.

11 32. On information and belief, said Defendants use such products, and

12 therefore infringe said method claims, in at least testing and demonstration thereof. 13 Moreover, the SiLabs chipsets in the identified products are especially made or adapted 14

15 for use in an infringing manner, and are not staple articles or commodities of commerce

16 capable of non-infringing use. At least Defendants Apple and Avnet knew that use of

17 such chipsets or products containing such chipsets by customers or consumers was both 18 patented and infringing, and the manufacture, use, importation, sale and/or offer for sale 19 of SiLabs’ FM chipsets or products containing such chips constituted contributory 20

21 infringement under 35 U.S.C. §271(c). Furthermore, at least Defendants Apple and

22 Avnet knew of WRF’s ‘542 Patent and knew or acted with indifference to whether its 23 actions would induce infringement pursuant to 35 U.S.C. §271(b). 24 33. Defendant Avnet further sells, has sold or offered for sale in the United 25 States various SiLabs TV tuners including, at least, the Si2170. Avnet’s importation, COMPLAINT - 16 Victoria Gruver Curtin, PLC 14555 North Scottsdale Road, Suite 160 Scottsdale, AZ 85254 Phone: (480) 998-3547 Fax: (480) 596-7956

1 sale and/or offer for sale of such TV tuners infringes at least (without limitation) claim

2 18 of WRF’s asserted ‘341 Patent and claims 31, 33, 35, and 36 of WRF’s asserted ‘542 3 Patent. In addition, the use of such chipsets infringes claim 26 of the ‘542 Patent, a 4

5 method claim. Such chipsets are especially made or adapted for use in an infringing

6 manner, and are not staple articles or commodities of commerce capable of non-

7 infringing use. Avnet knew that use of such chipsets by its customers and by consumers 8 in its customers’ products were both patented and infringing, and Avnet’s importation, 9

10 sale and/or offer for sale of such chipsets constituted contributory infringement under 35

11 U.S.C. §271(c). Furthermore, Avnet knew of WRF’s ‘542 Patent and knew or acted

12 with indifference to whether its actions would induce infringement pursuant to 35 U.S.C. 13 §271(b). 14 34. 15 Defendant Pantech’s PG-C300 and PG-3600 cellular telephones contain or

16 have contained the SiLabs Si4210 GSM chip. Pantech’s manufacture, use, importation,

17 sale and/or offer for sale of products containing SiLabs’ GSM devices infringed at least 18 (without limitation) claims 18 and 20 of WRF’s asserted ‘341 Patent. 19 35. Moreover, at least Defendants Apple and Avnet, with actual knowledge of 20

21 the Subject Patents and Applications, and without lawful justification, willfully and

22 deliberately infringed at least the Infringed Patents. 23 WHEREFORE, WASHINGTON RESEARCH FOUNDATION PRAYS FOR: 24 1. Judgment that SiLabs has willfully infringed, contributed to the 25 infringement of, or actively induced others to infringe the Subject Patents, including at COMPLAINT - 17 Victoria Gruver Curtin, PLC 14555 North Scottsdale Road, Suite 160 Scottsdale, AZ 85254 Phone: (480) 998-3547 Fax: (480) 596-7956

1 least U.S. Patent 5,937,341 and U.S. Patent 7,606,542, and if applicable, provisionally

2 infringed the Subject Applications, as set forth above; 3 2. Judgment that Defendants Apple, Garmin, iriver, SanDisk, and Avnet, and 4

5 each of them, have willfully infringed, contributed to the infringement of, or actively

6 induced others to infringe the Subject Patents, including at least U.S. Patent 5,937,341

7 and U.S. Patent 7,606,542, and if applicable, provisionally infringed the Subject 8 Applications, as set forth above; 9

10 3. Judgment that the Pantech Defendants, and each of them, have willfully

11 infringed the Subject Patents, including at least U.S. Patent 5,937,341; and if applicable,

12 provisionally infringed the Subject Applications, as set forth above; 13 4. A permanent injunction to be issued enjoining and restraining the 14

15 Defendants, and each of them, and their officers, directors, agents, servants, employees,

16 licensees, successors, assigns, and those in active concert and participation with them,

17 and each of them, from making, using, selling, offering for sale, or importing any 18 products which infringe any or all claims of the Subject Patents, including at least the 19 Infringed Patents, and from inducing or contributing to the infringement of any such 20

21 claims by others;

22 5. An award of damages against Defendants, and each of them as 23 appropriate, adequate to compensate WRF for past infringement of at least the Infringed 24 Patents, together with interest and costs as fixed by the Court, such damages to be 25

COMPLAINT - 18 Victoria Gruver Curtin, PLC 14555 North Scottsdale Road, Suite 160 Scottsdale, AZ 85254 Phone: (480) 998-3547 Fax: (480) 596-7956

1 trebled where appropriate because of the willful and deliberate character of the

2 infringement; 3 6. Judgment that this case is “exceptional” in the sense of 35 U.S.C. § 285, 4

5 and that WRF is entitled to an award of its reasonable attorneys’ fees in the prosecution

6 of this action; and

7 7. Such other and further relief as the Court may deem just and proper. 8 DEMAND FOR JURY TRIAL 9

10 Plaintiff hereby makes a demand for a trial by jury pursuant to Rule 38 of

11 the Federal Rules of Civil Procedure as to all issues in this lawsuit.

12 RESPECTFULLY SUBMITTED this 23rd day of July, 2010.

13 VICTORIA GRUVER CURTIN, P.L.C.

14

15 By: ______

16 Victoria Gruver Curtin (Arizona Bar No. 010897) 17 14555 North Scottsdale Rd, Ste. 160 Scottsdale, Arizona 85254 18 Tel.: (480) 998-3547 Fax: (480) 596-7956 19 Email: [email protected] 20 Counsel for Plaintiff

21 C. Dean Little, WSBA No. 1269 Jonathan Yeh, WSBA No. 32734 22 BLANK Law & Technology, P.S. 157 Yester Way, Third Floor 23 Seattle, Washington 98104 Telephone: 206 256 9699 24 Facsimile: 206 256 9899 Email: [email protected] 25 [email protected] Local Counsel for Plaintiff

COMPLAINT - 19 Victoria Gruver Curtin, PLC 14555 North Scottsdale Road, Suite 160 Scottsdale, AZ 85254 Phone: (480) 998-3547 Fax: (480) 596-7956

1 Steven G. Lisa 2 (Illinois Bar No. 6187348) LAW OFFICES OF STEVEN G. LISA, LTD. 3 55 West Monroe Street, Suite 3210 4 Chicago, IL 60603 Tel : (312) 752-4357 5 Fax: (312) 896-5633 Email: [email protected] 6 Counsel for Plaintiff

7 Gerald D. Hosier Law Offices of Gerald D. Hosier, Ltd 8 (Nevada Bar No. 5023) 8904 Canyon Springs Drive 9 LasVegas, NV 89117 Tel.: 702-256-8904 10 Fax: 702-256-8967 11 Email: [email protected] Counsel for Plaintiff 12

13

14

15

16

17

18

19

20

21

22

23

24

25

COMPLAINT - 20 Victoria Gruver Curtin, PLC 14555 North Scottsdale Road, Suite 160 Scottsdale, AZ 85254 Phone: (480) 998-3547 Fax: (480) 596-7956