Case 3:17-cv-06879-VC Document 1 Filed 12/01/17 Page 1 of 31
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`QUINN EMANUEL URQUHART & SULLIVAN, LLP
`Robert W. Stone (Bar. No. 163513)
`robertstone@quinnemanuel.com
`Brice C. Lynch (Bar No. 288567)
`bricelynch@quinnemanuel.com
`555 Twin Dolphin Drive, 5th Floor
`Redwood Shores, CA 94065
`T: 650.801.5000
`F: 650.801.5100
`
`QUINN EMANUEL URQUHART & SULLIVAN, LLP
`Michael D. Powell (Bar. No. 202850)
`mikepowell@quinnemanuel.com
`50 California Street, 22nd Floor
`San Francisco, CA 94111
`T: 415.875.6600
`F: 415.875.6700
`
`Attorneys for Plaintiff ASM IP HOLDING B.V.
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`
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`UNITED STATES DISTRICT COURT
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`NORTHERN DISTRICT OF CALIFORNIA
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`
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` CASE NO. 3:17-cv-6879
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`COMPLAINT FOR PATENT
`INFRINGEMENT
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`DEMAND FOR JURY TRIAL
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`ASM IP HOLDING B.V., a Dutch Limited
`Liability Company,
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`Plaintiffs,
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`
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`vs.
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`HITACHI KOKUSAI ELECTRIC, INC., a
`Japanese Corporation, and KOKUSAI
`SEMICONDUCTOR EQUIPMENT
`CORPORATION, a Delaware Corporation
`
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`Defendants.
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`COMPLAINT AND DEMAND FOR JURY TRIAL
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`Case 3:17-cv-06879-VC Document 1 Filed 12/01/17 Page 2 of 31
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`Plaintiff ASM IP Holding B.V. (“ASM” or “Plaintiff”) complains and alleges against
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`Hitachi Kokusai Electric Inc. and Kokusai Semiconductor Equipment Corporation (collectively,
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`“HiKE” or “Defendants”) as follows:
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`THE NATURE OF THE ACTION
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`1.
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`This is an action for patent infringement that arises under the patent laws of the
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`United States, Title 35 of the United States Code.
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`2. HiKE has infringed and continues to infringe ASM’s U.S. Patent No. 7,537,662,
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`U.S. Patent No. 7,018,478, and U.S. Patent No. 7,833,352 (collectively, “the Asserted Patents”).
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`ASM is the legal owner by assignment of the Asserted Patents, which were duly and legally
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`issued by the United States Patent and Trademark Office. ASM seeks injunctive relief and
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`monetary damages.
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`THE PARTIES
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`3. ASM IP Holding B.V. is a limited liability company organized under the laws of
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`the Netherlands, with its principal place of business at Versterkerstraat 8, 1322 AP Almere,
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`Netherlands P7 85012.
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`4. On information and belief, Hitachi Kokusai Electric Inc., a global supplier of
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`Semiconductor Manufacturing Equipment, is a corporation organized under the laws of Japan,
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`with its principal place of business at 15-12, Nishi-shimbashi 2-chome, Minato-ku, Tokyo, 105-
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`8410 Japan.
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`5.
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`On information and belief, Kokusai Semiconductor Equipment Corporation, a
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`wholly owned subsidiary of Hitachi Kokusai Electric Inc., is a corporation organized under the
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`laws of Delaware, with a principal place of business at 2460 N 1st St, San Jose, CA 95131.
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`JURISDICTION AND VENUE
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`6.
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`This lawsuit 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. and this Court has jurisdiction over this action pursuant to
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`28 U.S.C. §§ 1331 and 1338.
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`7. Defendants are subject to this Court’s personal jurisdiction.
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`Case 3:17-cv-06879-VC Document 1 Filed 12/01/17 Page 3 of 31
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`8. On information and belief, Kokusai Semiconductor Equipment Corporation’s
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`principal place of business is located in the Northern District of California at its facility at 2460
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`N. 1st St., San Jose, CA 95131. From this facility, Kokusai Semiconductor Equipment
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`Corporation regularly conducts business in the Northern District of California. Kokusai
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`Semiconductor Equipment Corporation is a registered business entity in California with the
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`California Secretary of State, and has an agent for service of process, CT Corporation System,
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`located in California at 818 W. Seventh St. Suite 930, Los Angeles, CA 90017. Furthermore,
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`Kokusai Semiconductor Equipment Corporation regularly does business or solicits business,
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`engages in other persistent courses of conduct, and/or derives substantial revenue from products
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`and/or services provided to individuals in this District and in this State, including but not limited
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`to Intel Corporation. Additionally, Kokusai Semiconductor Equipment Corporation has
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`committed acts of patent infringement in this District. Accordingly, Kokusai Semiconductor
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`Equipment Corporation has purposefully availed itself of the privilege of conducting business
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`within this District; has established sufficient minimum contacts with this District such that it
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`should reasonably and fairly anticipate being haled into court in this District; has purposefully
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`directed activities at residents of this State and District; and has committed acts of patent
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`infringement in this State and District.
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`9. On information and belief, Hitachi Kokusai Electric Inc. regularly conducts
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`business in the Northern District of California itself and through its authorized agent Kokusai
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`Semiconductor Equipment Corporation at Kokusai Semiconductor Equipment Corporation’s
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`facility at 2460 N 1st St, San Jose, CA 95131. On information and belief, Kokusai
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`Semiconductor Equipment Corporation provides comprehensive North American business
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`operations for Hitachi Kokusai Electric Inc., at least with respect to its Thin Film Process
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`Solutions business. Kokusai Semiconductor Equipment Corporation’s website explains:
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`“Kokusai is a subsidiary of Hitachi Kokusai Electric Inc. (Tokyo, Japan) that has operations
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`across the Pacific Rim, Europe, and North America, and employs over 1,500 skilled
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`professionals. The network of operations allows Kokusai to respond quickly and effectively to
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`customer requests and to the constantly changing environment of the global semiconductor
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`Case 3:17-cv-06879-VC Document 1 Filed 12/01/17 Page 4 of 31
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`market.” See http://www.ksec.com/about.htm. Kokusai Semiconductor Equipment
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`Corporation’s website further states that “Kokusai's batch vertical and single wafer systems are
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`manufactured in Toyama, Japan,” which, on information and belief, are manufactured by Hitachi
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`Kokusai Electric Inc. As explained above, Kokusai Semiconductor Equipment Corporation
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`regularly does business or solicits business, engages in other persistent courses of conduct,
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`and/or derives substantial revenue from products and/or services provided to individuals in this
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`District and in this State, and has committed acts of patent infringement by others in this
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`District. Because, on informational and belief, Kokusai Semiconductor Equipment Corporation
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`is an authorized agent of Hitachi Kokusai Electric Inc., all of Kokusai Semiconductor Equipment
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`Corporation’s conduct is also imputed to Hitachi Kokusai Electric Inc. as the principal.
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`Furthermore, on information and belief, Hitachi Kokusai Electric Inc. itself regularly does
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`business or solicits business, engages in other persistent courses of conduct, and/or derives
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`substantial revenue from products and/or services provided to individuals in this District and in
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`this State, including Intel Corporation. For example, as recently as 2016, representatives from
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`Hitachi Kokusai Electric Inc. came to Intel Corporation's campus in Santa Clara, California, to
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`accept “Intel Corporation’s Preferred Quality Supplier award for their performance in 2015.”
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`See http://www.hitachi-kokusai.co.jp/global/en/news/2016/pdf/news160311.pdf. According to a
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`press release put out by Hitachi Kokusai Electric Inc., Hitachi Kokusai Electric Inc. was
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`“recognized for their significant contributions providing Intel with Diffusion furnaces, deemed
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`essential to Intel’s success.” Accordingly, through its own actions and the actions of its
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`authorized agent, Hitachi Kokusai Electric Inc. has purposefully availed itself of the privilege of
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`conducting business within this District; has established sufficient minimum contacts with this
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`District such that it should reasonably and fairly anticipate being haled into court in this District;
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`has purposefully directed activities at residents of this State and District; and has committed acts
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`of patent infringement in this State and District.
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`10. Venue is proper in this judicial District pursuant to 28 U.S.C. §§ 1391 and 1400
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`because Defendants conduct business in the State of California, including this District, and have
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`Case 3:17-cv-06879-VC Document 1 Filed 12/01/17 Page 5 of 31
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`committed acts of infringement in this State and in this District, have a regular and established
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`place of business in this District, and are subject to personal jurisdiction in this District.
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`ASM’S ASSERTED PATENTS
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`11. On May 26, 2009, the United States Patent Office issued U.S. Patent No. 7,537,662
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`(“the ’662 patent”) titled “Method and apparatus for depositing thin films on a surface.” A true
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`and correct copy of the ’662 patent is attached hereto as Exhibit A.
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`12. On Oct 21, 2010, the United States Patent Office issued U.S. Patent No. 7,018,478
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`(“the ’478 patent”) titled “Method of growing a thin film onto a substrate.” A true and correct
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`copy of the ’478 patent is attached hereto as Exhibit B.
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`13. On November 16, 2010, the United States Patent Office issued U.S. Patent No.
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`7,833,352 (“the ’352 patent”) titled “Apparatus for fabrication of thin films.” A true and correct
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`copy of the ’352 patent is attached hereto as Exhibit C.
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`14.
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`ASM is the owner of all right, title, and interest in and to each of the Asserted
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`Patents with full and exclusive right to bring suit to enforce the Asserted Patents, including the
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`right to recover for past damages and/or royalties.
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`15.
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`The Asserted Patents are valid and enforceable.
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`FIRST CAUSE OF ACTION
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`(Infringement of United States Patent No. 7,537,662)
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`16. ASM re-alleges and incorporates by reference the allegations of the preceding
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`paragraphs of this Complaint as if fully set forth herein.
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`17.
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`In violation of 35 U.S.C. § 271, HiKE has infringed and is currently infringing one
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`or more claims of the ’662 patent, including but not limited to claim 1, directly and/or indirectly
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`through intermediaries, by making, using, selling, offering for sale, and/or importing into the
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`United States, without authority certain products, including HiKE’s QUIXACE batch thermal
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`processing system. HiKE has infringed and is currently infringing literally and/or under the
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`doctrine of equivalents.
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`18. For example, HiKE’s QUIXACE product contains each element of and infringes
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`exemplary claim 1 of the ’662 patent, which states:
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`Case 3:17-cv-06879-VC Document 1 Filed 12/01/17 Page 6 of 31
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`Claim 1. An apparatus for depositing a thin film on a substrate, comprising:
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`a reaction chamber having a reaction space;
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`a substrate holder for holding the substrate within the reaction space;
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`a gas outlet in fluid communication with the reaction space;
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`a gas injector structure positioned with the reaction chamber fixed relative to the substrate
`during deposition, the gas injector structure comprising:
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`a first gas injector being in fluid communication with a first reactant gas source and a
`purge gas source; and
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`a second gas injector being in fluid communication with a second reactant gas source and a
`purge gas source;
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`wherein the first and second gas injectors include hollow tubes extending in the reaction
`space, the hollow tubes including a plurality of gas flow apertures spaced along respective
`tube axes of elongation, the apertures opening to the reaction space.
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`HiKE infringes each element of claim 1 of the ’662 patent for the following reasons:
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`19.
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`HiKE’s QUIXACE product is a processing system that is used to deposit a thin
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`film on a substrate. See
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`http://www.hitachikokusai.co.jp/global/en/products/semicon/batch/quixace/index.html. On
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`information and belief, HiKE’s QUIXACE product contains a reaction chamber. Per the HiKE
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`drawing number D7CS01858, attached as Exhibit D, which is a gas schematic of HiKE’s
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`QUIXACE product and publically available at
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`http://www.globalfoundriesusedequipment.com/iinfo.cfm?ItemNo=180506 (“HiKE Gas
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`Schematic”), the reaction chamber is shown as the “FURNACE.” On information and belief,
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`HiKE’s QUIXACE product contains a holder within the reaction space to hold the substrate.
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`Case 3:17-cv-06879-VC Document 1 Filed 12/01/17 Page 7 of 31
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`20.
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`On information and belief, HiKE’s QUIXACE product contains a gas outlet in
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`fluid communication with the reaction space. This is shown in the Gas Schematic as at least
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`“EXHAUST-1” and “EXHAUST-2.”
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`Case 3:17-cv-06879-VC Document 1 Filed 12/01/17 Page 8 of 31
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`21.
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`On information and belief, HiKE’s QUIXACE product contains a gas injector
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`structure. This is shown in the Gas Schematic as at least the injectors connected to the gas lines
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`Reactor-1, Reactor-2, and Reactor-3.
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`Case 3:17-cv-06879-VC Document 1 Filed 12/01/17 Page 9 of 31
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`22.
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`On information and belief, HiKE’s QUIXACE product contains a first gas
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`injector being in fluid communication with a first reactant gas source and a purge gas source.
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`This first gas injector is shown in the Gas Schematic as entering the reactor through the Reactor-
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`1 line. Furthermore, the Gas Schematic shows that the first injector is connected to a Ta
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`precursor source, which is a first reactant gas source, and a purge gas line, “PURGE-2.”
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`Case 3:17-cv-06879-VC Document 1 Filed 12/01/17 Page 10 of 31
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`23.
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`On information and belief, HiKE’s QUIXACE product contains a second gas
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`injector being in fluid communication with a second reactant gas source and a purge gas source.
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`This second gas injector is shown in the Gas Schematic as entering the reactor through at least
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`the Reactor-2 line. Furthermore, the Gas Schematic shows that the second injector is connected
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`to at least a NH3 gas source, which is a second reactant gas source, and a purge gas line.
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`Case 3:17-cv-06879-VC Document 1 Filed 12/01/17 Page 11 of 31
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`24.
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`On information and belief, as shown in the Gas Schematic, in HiKE’s QUIXACE
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`product the first and second gas injectors include hollow tubes extending in the reaction space,
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`the hollow tubes including a plurality of gas flow apertures spaced along respective tube axes of
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`elongation, and the apertures open to the reaction space. See, e.g., U.S. Pat. Publ. No.
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`2017/0037512, paragraph 0028 (attached hereto as Exhibit E) (“A plurality of long supply slits
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`37A are provided in a direction perpendicular to partition between the gas supply space 36A and
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`the process chamber 38 so as to correspond to the gas supply holes 42A and the wafer W.”).
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`25. HiKE has actual knowledge of its infringement of the ’662 patent at least as of the
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`filing date of this Complaint.
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`26. HiKE is not licensed or otherwise authorized to practice the claims of the ’662
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`patent.
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`27. By reason of HiKE’s infringing activities, ASM has suffered, and will continue to
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`suffer, substantial damages.
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`Case 3:17-cv-06879-VC Document 1 Filed 12/01/17 Page 12 of 31
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`28. ASM is entitled to recover from HiKE the damages sustained as a result of HiKE’s
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`wrongful acts in an amount subject to proof at trial.
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`29. HiKE’s continuing acts of infringement are irreparably harming and causing
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`damage to ASM, for which ASM has no adequate remedy at law, and ASM will continue to
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`suffer such irreparable injury unless HiKE’s continuing acts of infringement are enjoined by the
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`Court. The hardships that an injunction would impose are less than those faced by ASM should
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`an injunction not issue. The public interest would be served by issuance of an injunction. Thus,
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`ASM is entitled to a preliminary and a permanent injunction against further infringement of the
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`’662 patent.
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`30. On information and belief, HiKE’s infringement of the ’662 patent, at least as of
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`the filing of this complaint, constitutes willful infringement justifying a trebling of damages
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`under 35 U.S.C. § 284. Upon information and belief, HiKE’s accused actions continue despite
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`an objectively high likelihood that they constitute infringement of the ’662 patent. HiKE either
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`knows or should have known about its risk of infringing the ’662 patent. HiKE’s conduct
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`despite this knowledge is made with both objective and subjective reckless disregard for the
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`infringing nature of its activities.
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`31. On information and belief, HiKE’s continuing infringement of the ’662 patent is
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`exceptional and entitles ASM to attorneys’ fees and costs incurred in prosecuting this action
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`under 35 U.S.C. § 285.
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`SECOND CAUSE OF ACTION
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`(Infringement of United States Patent No. 7,018,478)
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`32. ASM re-alleges and incorporates by reference the allegations of the preceding
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`paragraphs of this Complaint as if fully set forth herein.
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`33.
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`In violation of 35 U.S.C. § 271, HiKE has infringed and is currently infringing one
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`or more claims of the ’478 patent, including but not limited to claim 1, directly and/or indirectly
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`through intermediaries, by making, using, selling, offering for sale, and/or importing into the
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`United States, without authority certain products, including HiKE’s QUIXACE batch thermal
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`Case 3:17-cv-06879-VC Document 1 Filed 12/01/17 Page 13 of 31
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`processing system. HiKE has infringed and is currently infringing literally and/or under the
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`doctrine of equivalents.
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`34. For example, HiKE’s QUIXACE product contains each element of and infringes
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`exemplary claim 1 of the ’478 patent, which states:
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`Claim 1. An apparatus for growing thin films onto a surface of a substrate by exposing the
`substrate to alternatively repeated surface reactions of vapor-phase reactants, the apparatus
`comprising:
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`a first reactant source;
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`an inactive gas source;
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`a reaction chamber that provides a space for a first reactant from the first reactant source to
`react with the surface of the substrate;
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`a first conduit that connects the first reactant source to the reaction chamber;
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`a second conduit that connects the first conduit to the inactive gas source at a first
`connection point;
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`a third conduit that connects the first conduit to an outlet at a second connection point;
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`a hot zone in which the reaction chamber and the first conduit are positioned;
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`a control valve for controlling the flow of the first reactant into the first conduit, the control
`valve being positioned outside the hot zone;
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`a second reactant source;
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`a fourth conduit that connects the second reactant source to the reaction chamber;
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`a fifth conduit that connects the inactive gas source to the fourth conduit at a third
`connection point; and
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`a sixth conduit that is connected to the fourth conduit and the outlet.
`
`HiKE infringes each element of claim 1 of the ’478 patent for the following reasons:
`
`35.
`
`HiKE’s QUIXACE product is a processing system that grows thin films onto a
`
`surface of a substrate by exposing the substrate to alternatively repeated surface reactions of
`
`vapor-phase reactants. See
`
`http://www.hitachikokusai.co.jp/global/en/products/semicon/batch/quixace/index.html.
`
`36.
`
`On information and belief, HiKE’s QUIXACE product contains a first reactant
`
`source. This is shown in the Gas Schematic as at least the TMA precursor.
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`Case 3:17-cv-06879-VC Document 1 Filed 12/01/17 Page 14 of 31
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`37.
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`On information and belief, HiKE’s QUIXACE product contains an inactive gas
`
`source. This is shown in the Gas Schematic as at least the N2 gas source.
`
`38.
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`On information and belief, HiKE’s QUIXACE product contains a reaction
`
`chamber that provides a space for a first reactant from the first reactant source to react with the
`
`surface of the substrate. This is shown in the Gas Schematic as the “FURNACE,” which
`
`provides a space for a first reactant that goes through the injector labeled “Reactor-3” to react
`
`with a surface of the substrate.
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`Case 3:17-cv-06879-VC Document 1 Filed 12/01/17 Page 15 of 31
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`39.
`
`On information and belief, HiKE’s QUIXACE product contains a first conduit
`
`that connects the first reactant source to the reaction chamber. This is shown in the Gas
`
`Schematic as at least the conduit that passes through valve HD AV146 to connect the first
`
`reactant source (TMA) to the reaction chamber.
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`Case 3:17-cv-06879-VC Document 1 Filed 12/01/17 Page 16 of 31
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`40.
`
`On information and belief, HiKE’s QUIXACE product contains a second conduit
`
`that connects the first conduit to the inactive gas source at a first connection point. This is
`
`shown in the Gas Schematic as at least the connection point between the first conduit from the
`
`TMA source and the N2 gas source, which is shown with a red arrow below.
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`Case 3:17-cv-06879-VC Document 1 Filed 12/01/17 Page 17 of 31
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`41.
`
`On information and belief, HiKE’s QUIXACE product contains a third conduit
`
`that connects the first conduit to an outlet at a second connection point. This is shown in the Gas
`
`Schematic as at least the connection point between the third conduit connected to BG-5 that
`
`connects to the first conduit through valve AV38, which is shown with a red arrow below. The
`
`BG-5 port is linked to an Exhaust, which is an outlet.
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`Case 3:17-cv-06879-VC Document 1 Filed 12/01/17 Page 18 of 31
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`42.
`
`On information and belief, HiKE’s QUIXACE product contains a hot zone in
`
`which the reaction chamber and the first conduit are positioned. This is shown in the Gas
`
`Schematic as at least the “FURNACE UNIT,” where the Furnace Unit includes a reaction
`
`chamber and the first conduit, which is shown as the Reactor-3 line.
`
`43.
`
`On information and belief, HiKE’s QUIXACE product contains a control valve
`
`for controlling the flow of the first reactant into the first conduit, the control valve being
`
`positioned outside the hot zone. This is shown in the Gas Schematic as at least the air valve
`
`denoted by the number HD AV156, which controls the flow of the first reactant into the first
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`conduit, and is outside the Furnace Unit area. The control valve which is shown with a red
`
`arrow below.
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`COMPLAINT AND DEMAND FOR JURY TRIAL
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`Case 3:17-cv-06879-VC Document 1 Filed 12/01/17 Page 19 of 31
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`44.
`
`On information and belief, HiKE’s QUIXACE product contains a second reactant
`
`source. This is shown in the Gas Schematic as at least the NH3 gas source.
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`Case 3:17-cv-06879-VC Document 1 Filed 12/01/17 Page 20 of 31
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`45.
`
`On information and belief, HiKE’s QUIXACE product contains a fourth conduit
`
`that connects the second reactant source to the reaction chamber. This is shown in the Gas
`
`Schematic as at least the conduit at goes through the “Reactor-2” line and connects the NH3 gas
`
`source to the reaction chamber.
`
`46.
`
`On information and belief, HiKE’s QUIXACE product contains a fifth conduit
`
`that connects the inactive gas source to the fourth conduit at a third connection point. This is
`
`shown in the Gas Schematic as at least the connection point shown with a red arrow below.
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`Case 3:17-cv-06879-VC Document 1 Filed 12/01/17 Page 21 of 31
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`47.
`
`On information and belief, HiKE’s QUIXACE product contains a sixth conduit
`
`that is connected to the fourth conduit and the outlet. This is shown in the Gas Schematic as at
`
`least the line that is after MFC3 and controlled by HD AV6 that is connected to the fourth
`
`conduit and the BG-1 port. The BG-1 port is linked to an Exhaust, which is an outlet.
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`Case 3:17-cv-06879-VC Document 1 Filed 12/01/17 Page 22 of 31
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`48. HiKE has actual knowledge of its infringement of the ’478 patent at least as of the
`
`filing date of this Complaint.
`
`49. HiKE is not licensed or otherwise authorized to practice the claims of the ’478
`
`patent.
`
`50. By reason of HiKE’s infringing activities, ASM has suffered, and will continue to
`
`suffer, substantial damages.
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`Case 3:17-cv-06879-VC Document 1 Filed 12/01/17 Page 23 of 31
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`
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`51. ASM is entitled to recover from HiKE the damages sustained as a result of HiKE’s
`
`wrongful acts in an amount subject to proof at trial.
`
`52. HiKE’s continuing acts of infringement are irreparably harming and causing
`
`damage to ASM, for which ASM has no adequate remedy at law, and ASM will continue to
`
`suffer such irreparable injury unless HiKE’s continuing acts of infringement are enjoined by the
`
`Court. The hardships that an injunction would impose are less than those faced by ASM should
`
`an injunction not issue. The public interest would be served by issuance of an injunction. Thus,
`
`ASM is entitled to a preliminary and a permanent injunction against further infringement of the
`
`’478 patent.
`
`53. On information and belief, HiKE’s infringement of the ’478 patent, at least as of
`
`the filing of this complaint, constitutes willful infringement justifying a trebling of damages
`
`under 35 U.S.C. § 284. Upon information and belief, HiKE’s accused actions continue despite
`
`an objectively high likelihood that they constitute infringement of the ’478 patent. HiKE either
`
`knows or should have known about its risk of infringing the ’478 patent. HiKE’s conduct
`
`despite this knowledge is made with both objective and subjective reckless disregard for the
`
`infringing nature of its activities.
`
`54. On information and belief, HiKE’s continuing infringement of the ’478 patent is
`
`exceptional and entitles ASM to attorneys’ fees and costs incurred in prosecuting this action
`
`under 35 U.S.C. § 285.
`
`THIRD CAUSE OF ACTION
`
`(Infringement of United States Patent No. 7,833,352)
`
`55. ASM re-alleges and incorporates by reference the allegations of the preceding
`
`paragraphs of this Complaint as if fully set forth herein.
`
`56.
`
`In violation of 35 U.S.C. § 271, HiKE has infringed and is currently infringing one
`
`or more claims of the ’352 patent, including but not limited to claim 1, directly and/or indirectly
`
`through intermediaries, by making, using, selling, offering for sale, and/or importing into the
`
`United States, without authority certain products, including HiKE’s QUIXACE batch thermal
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`Case 3:17-cv-06879-VC Document 1 Filed 12/01/17 Page 24 of 31
`
`
`
`processing system. HiKE has infringed and is currently infringing literally and/or under the
`
`doctrine of equivalents.
`
`57. For example, HiKE’s QUIXACE product contains each element of and infringes
`
`exemplary claim 1 of the ’352 patent, which states:
`
`Claim 1. An apparatus for growing thin films onto a substrate by exposing the substrate to
`alternate surface reactions of vapor-phase reactants for forming a thin film onto the
`substrate by means of said surface reactions, the apparatus comprising:
`
`a reaction chamber that includes internal surfaces that define a reaction space into which
`said substrate can be transferred;
`
`inlet channels connected to said reaction chamber for feeding therein said reactants used in
`said thin film growth process, said inlet channels being separated from each other until
`opening into said reaction chamber; and
`
`outlet channels connected to said reaction chamber for discharging gaseous reaction
`products and excess reactants,
`
`wherein said reaction chamber comprises at least two parts, at least one part being movable
`with respect to the remaining part(s) of the reaction chamber and adapted to be sealably
`closable against said remaining part of said reaction chamber; and
`
`further comprising controls configured to deliver at least two reactants through the inlet
`channels to the reaction space in alternate pulses.
`
`HiKE infringes each element of claim 1 of the ’352 patent for the following reasons:
`
`58.
`
`HiKE’s QUIXACE product is a gas feeding system for growing thin films onto a
`
`substrate by exposing the substrate to alternate surface reactions of vapor-phase reactants for
`
`forming a thin film onto the substrate by means of said surface reactions. See
`
`http://www.hitachikokusai.co.jp/global/en/products/semicon/batch/quixace/index.html.
`
`59.
`
`On information and belief, HiKE’s QUIXACE product contains a reaction
`
`chamber that includes internal surfaces that define a reaction space into which said substrate can
`
`be transferred. This is shown in the Gas Schematic as at least the “FURNACE.”
`
`60.
`
`On information and belief, HiKE’s QUIXACE product contains inlet channels
`
`connected to said reaction chamber for feeding therein said reactants used in said thin film
`
`growth process, said inlet channels being separated from each other until opening into said
`
`reaction chamber. This is shown in the Gas Schematic as at least the gas lines Reactor-1,
`
`Reactor-2, and Reactor-3.
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`Case 3:17-cv-06879-VC Document 1 Filed 12/01/17 Page 25 of 31
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`61.
`
`On information and belief, HiKE’s QUIXACE product contains outlet channels
`
`connected to said reaction chamber for discharging gaseous reaction products and excess
`
`reactants. This is shown in the Gas Schematic as at least “EXHAUST-1” and “EXHAUST-2.”
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`COMPLAINT AND DEMAND FOR JURY TR