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Case 1:16-cv-00359-LPS-CJB Document 7 Filed 06/24/16 Page 1 of 19 PageID #: 38 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE NORTH STAR INNOVATIONS § INC., § § Plaintiff § § C.A. No. 16-cv-359-LPS-CJB v. § § JURY TRIAL DEMANDED SONY INTERACTIVE § ENTERTAINMENT AMERICA § LLC, SONY MOBILE § COMMUNICATIONS (USA) INC., § and SONY ELECTRONICS INC. § Defendants § FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT Plaintiff North Star Innovations Inc. ("Plaintiff” or “North Star"), by and through its attorneys, files this First Amended Complaint for Patent Infringement against Defendants Sony Interactive Entertainment America LLC, Sony Mobile Communications (USA) Inc., and Sony Electronics Inc., alleging as follows: PARTIES 1. Plaintiff North Star is a corporation organized and existing under the laws of the State of Delaware, with a place of business at 600 Anton Blvd., Costa Mesa, California 92626. Plaintiff is the owner of seminal patents in various fields, including integrated circuits, semiconductor memory architecture, and semiconductor memory devices. Plaintiff’s portfolio includes patents that address, among other things, volatile memory, such as DRAM and SRAM, and remote management of media content. Plaintiff’s portfolio includes patents that teach valuable innovations and improvements related to speed, power consumption, density, 1 Case 1:16-cv-00359-LPS-CJB Document 7 Filed 06/24/16 Page 2 of 19 PageID #: 39 reliability, cost, efficiency, and organization. Plaintiff is actively engaged in licensing efforts with respect to such technologies. 2. Defendant Sony Interactive Entertainment America LLC (“Sony Interactive”) is a limited liability company organized and existing under the laws of the State of Delaware, with a place of business at 2207 Bridgepointe Pkwy., San Mateo, CA 94404. Defendant may be served with process in this judicial district by serving its registered agent for service of process: Corporation Service Company, 2711 Centerville Rd., Suite 400, Wilmington, DE 19808. 3. Sony Interactive is responsible for PlayStation business sales and marketing in the Americas. So, for example, Sony Interactive is responsible for sales of the PS3 Slim Gaming Console and for the corresponding sale of any CXD5132R-1 integrated circuits included therein. 4. Defendant Sony Mobile Communications (USA) Inc. (“Sony Mobile”) is a corporation organized and existing under the laws of the State of Delaware, with a place of business at 2207 Bridgepointe Pkwy., San Mateo, CA 94404. Defendant may be served with process in this judicial district by serving its registered agent for service of process: Capitol Services, Inc., 1675 S. State, St., Suite B, Dover, DE 19901. 5. According to its own website, “Sony Mobile is a leading global innovator of audio, video, game, communications, key device and information technology products for both the consumer and professional markets.” Sony Mobile aggressively markets its Xperia portfolio, which is Sony Mobile’s flagship line of smartphones. The Xperia portfolio includes, for example, the Sony Xperia TL smartphone, Model number LT30AT, and the Sony Xperia 2 Case 1:16-cv-00359-LPS-CJB Document 7 Filed 06/24/16 Page 3 of 19 PageID #: 40 Z5, which, on information and belief, come pre-installed with the Sony Music application and the Google Play Music application. 6. Defendant Sony Electronics Inc. (“Sony Electronics”) is a corporation organized and existing under the laws of the State of Delaware, with a place of business at 16535 Via Esprillo, San Diego, CA 92127. Defendant may be served with process in this judicial district by serving its registered agent for service of process: Corporation Service Company, 2711 Centerville Rd., Suite 400, Wilmington, DE 19808. 7. Sony Electronics is the largest unit of Sony Corporation of America, the holding company for Sony Corporation’s US-based electronics and entertainment businesses. Sony Electronics sells PCs (e.g., the Sony VAIO) and their peripherals, as well as TVs, VCRs, DVD and MP3 players, digital cameras, camcorders, CD players, and car audio items. According to its own website, “Sony Electronics is a leading provider of audio/video electronics and information technology products for the consumer and professional markets. Operations include research and development, engineering, sales, marketing, distribution and customer service.” JURISDICTION AND VENUE 8. This action arises under the patent laws of the United States, 35 U.S.C. § 1 et seq., including §§ 271, 281, 282(a), 283, 284, and 285. This Court has subject matter jurisdiction over this patent infringement action pursuant to 28 U.S.C. §§ 1331 and 1338(a). 9. This Court has personal jurisdiction over Defendants. Upon information and belief, Defendants have regularly conducted and continue to conduct business in the State of Delaware. Defendants, directly or indirectly through their agents, have committed infringing activities in Delaware and in the United States by using, marketing, offering for sale, selling, 3 Case 1:16-cv-00359-LPS-CJB Document 7 Filed 06/24/16 Page 4 of 19 PageID #: 41 and/or importing products and systems that infringe the Patents-In-Suit (as defined below) or by placing such infringing products and systems into the stream of commerce with the awareness, knowledge, and intent that they would be used, offered for sale, or sold by others in this judicial district and/or purchased by consumers in this judicial district. Further, this Court has personal jurisdiction over Defendants because Defendants are organized under the laws of the State of Delaware. Defendants have thereby availed themselves of the privileges of conducting business in the State of Delaware and have sought protection and benefit from the laws of the State of Delaware. This Court’s exercise of personal jurisdiction over Defendants would therefore comport with due process. 10. Venue is proper pursuant to 28 U.S.C. §§ 1391(b) and 1400(b). THE PATENTS-IN-SUIT 11. On August 24, 1999, U.S. Patent No. 5,943,274 (“the ’274 Patent”) – entitled “Method and Apparatus For Amplifying a Signal to Produce A Latched Digital Signal” – was lawfully and properly issued by the United States Patent and Trademark Office (“USPTO”), after a full and fair examination. The named inventors on the ’274 Patent are Alan S. Roth and Scott G. Nogle. A true and correct copy of the ’274 Patent is attached hereto as Exhibit A and incorporated by reference. 12. Generally speaking, the ’274 Patent teaches, among other things, an improved circuit design for the output stage of a memory device, such as SRAM, and an improved circuit design for a differential amplifier that provides a more reliable timing mechanism and thereby facilitates the use of a clock-free latch. 13. On May 9, 2006, U.S. Patent No. 7,043,479 (“the ’479 Patent”) – entitled “Remote-Directed Management of Media Content” – was lawfully and properly issued by the 4 Case 1:16-cv-00359-LPS-CJB Document 7 Filed 06/24/16 Page 5 of 19 PageID #: 42 USPTO, after a full and fair examination. The named inventor on the ’479 Patent is Mark Ireton. A true and correct copy of the ’479 Patent is attached hereto as Exhibit B and incorporated by reference. 14. Generally speaking, the ’479 Patent teaches, among other things, a novel method of updating content on a media player, such as an MP3 player, that allows the user to manipulate and manage content on the player, whether or not the device is connected to a content source, and to establish instructions to be executed when the device is connected to a media source. 15. On April 6, 1999, U.S. Patent No. 5,892,777 (“the ’777 Patent”) – entitled “Apparatus and Method for Observing the Mode of a Memory Device” – was lawfully and properly issued by the USPTO, after a full and fair examination. The named inventors on the ’777 Patent are Michael Nesheiwat, Roger Grass, and Arthur O’Donnell. A true and correct copy of the ’777 Patent is attached hereto as Exhibit C and incorporated by reference. 16. Generally speaking, the ’777 Patent teaches, among other things, an improved circuit design for SDRAM that includes additional circuitry for the mode register. The novel design facilitates observation and testing of the value or state of the mode register without affecting the operation of the device and in a way that uses minimum silicon area. 17. On October 5, 1999, U.S. Patent No. 5,961,373 (“the ’373 Patent”) – entitled “Process for Forming a Semiconductor Device” – was lawfully and properly issued by the USPTO, after a full and fair examination. The named inventors on the ’373 Patent are Lei Ping Lai and Sung C. Kim. A true and correct copy of the ’373 Patent is attached hereto as Exhibit D and incorporated by reference. 5 Case 1:16-cv-00359-LPS-CJB Document 7 Filed 06/24/16 Page 6 of 19 PageID #: 43 18. Generally speaking, the ’373 Patent teaches, among other things, a Chemical Mechanical Polishing (“CMP”) process in which conditioning of the pad is optimized to provide a reproducible polishing process that reduces the likelihood of dishing, contributes to improved planarity, and helps reduce wear on the conditioning head. 19. On November 7, 2000, U.S. Patent No. 6,143,648 (“the ’648 Patent”) – entitled “Method for Forming an Integrated Circuit” – was lawfully and properly issued by the United States Patent and Trademark Office (“USPTO”), after a full and fair examination. The named inventors on the ’648 Patent are Robert Arthur Rodriguez and Heather Marie Klesat. A true and correct copy of the ’648 Patent is attached hereto as Exhibit E and incorporated by reference. 20. Generally speaking, the ’648 Patent teaches, among other things, a novel method for forming void-free plug contacts in which portions of the openings are tapered. 21. The ’274 Patent, the ’479 Patent, the ’777 Patent, the ’373 Patent, and the ’648 Patent may be referred to individually as a “Patent-in-Suit” or collectively as the “Patents-in- Suit.” 22.