Case 1:17-cv-07609-RMB-KMW Document 1 Filed 09/28/17 Page 1 of 29 PageID: 1
`
`
`Arnold B. Calmann (abc@saiber.com)
`SAIBER LLC
`One Gateway Center, Suite 1000
`Newark, NJ 07102
`Telephone: (973) 622-3333
`Facsimile: (973) 622-3349
`
`Attorneys for Plaintiff
`Invensas Bonding Technologies, Inc.
`
`
`INVENSAS BONDING TECHNOLOGIES,
`INC.,
`
`
`Plaintiff,
`
`
`
`
`
`
`
`OF COUNSEL:
`Matthew J. Moore (Matthew.Moore@lw.com)
`Maximilian A. Grant (Max.Grant@lw.com)
`Bert C. Reiser (Bert.Reiser@lw.com)
`LATHAM & WATKINS LLP
`555 Eleventh Street, NW, Suite 1000
`Washington, DC 20004
`Telephone: (202) 637-2200
`Facsimile: (202) 637-2201
`
`Charles H. Sanders (Charles.Sanders@lw.com)
`LATHAM & WATKINS LLP
`200 Clarendon Street
`Boston, MA 02116
`Telephone: (617) 948-6000
`Facsimile: (617) 948-6001
`
`Clement J. Naples (Clement.Naples@lw.com)
`LATHAM & WATKINS LLP
`885 Third Avenue
`New York, NY 10022-4834
`Telephone: (212) 906-1200
`Facsimile: (212) 751-4864
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF NEW JERSEY
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`COMPLAINT
`
`Civil Action No.: ____________
`
`JURY TRIAL DEMANDED
`
`
`
`
` Document Filed Electronically
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`
`
`
`
`
`
`SAMSUNG ELECTRONICS AMERICA,
`INC., and
`SAMSUNG ELECTRONICS CO., LTD.,
`
`
`v.
`
`
`
`
`
`
`Defendants.
`
`
`
`
`
`

`

`Case 1:17-cv-07609-RMB-KMW Document 1 Filed 09/28/17 Page 2 of 29 PageID: 2
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`Plaintiff Invensas Bonding Technologies, Inc. (“Invensas Bonding” or “Plaintiff”) brings
`
`this patent infringement action against Defendants Samsung Electronics America, Inc. (“SEA”),
`
`with a principal place of business at 85 Challenger Road, Ridgefield Park, New Jersey 07660,
`
`and Samsung Electronics Co., Ltd. (“SEC”), with a principal place of business in the Republic of
`
`Korea (collectively, “Samsung”) as follows:
`
`NATURE OF THE ACTION
`
`1.
`
`This is a civil action for infringement of United States Patent Nos. 7,553,744 (the
`
`“’744 patent”), 7,807,549 (the “’549 patent”), 7,871,898 (the “’898 patent”), 8,153,505 (the
`
`“’505 patent”), 9,391,143 (the “’143 patent”), and 9,431,368 (the “’368 patent”) (collectively,
`
`the “Asserted Patents”) under the patent laws of the United States, 35 U.S.C. § 1 et seq.
`
`THE PARTIES
`
`2.
`
`Plaintiff Invensas Bonding Technologies, Inc. (“Invensas Bonding”) is a
`
`Delaware corporation with its principal place of business at 3025 Orchard Parkway, San Jose,
`
`California, 95134.
`
`3.
`
`Defendant SEA is a New York corporation with its principal place of business at
`
`85 Challenger Road, Ridgefield Park, New Jersey 07660. SEA is a wholly-owned subsidiary of
`
`SEC. SEA’s registered agent, The Corporation Trust Company, is located at Corporation Trust
`
`Center, 111 Eighth Avenue, New York, New York, 10011.
`
`4.
`
`Defendant SEC is a company organized under the laws of the Republic of Korea
`
`with its principal place of business located at 129 Samsung-ro, Maetan-3dong, Yeongtong-gu,
`
`Suwon-si, Gyeonggi-do, 443-742 in the Republic of Korea.
`
`
`
`
`2
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`

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`Case 1:17-cv-07609-RMB-KMW Document 1 Filed 09/28/17 Page 3 of 29 PageID: 3
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`JURISDICTION AND VENUE
`
`5.
`
`The Court has subject matter jurisdiction over these claims under 28 U.S.C. §§
`
`1331 and 1338(a) and the patent laws of the United States, 35 U.S.C. § 1 et seq.
`
`6.
`
`The Court has personal jurisdiction over each of the Defendants consistent with
`
`the requirements of the Due Process Clause of the United States Constitution and the New Jersey
`
`Long Arm Statute. On information and belief, each Defendant has regularly and systematically
`
`transacted business in New Jersey, directly or through subsidiaries or intermediaries, and/or
`
`committed acts of patent infringement in New Jersey as alleged more particularly below. Each
`
`Defendant has also placed infringing products into the stream of commerce by shipping those
`
`products into New Jersey or knowing that the products would be shipped into New Jersey.
`
`7.
`
`Venue is proper in this district under 28 U.S.C. § 1400(b) because SEA has
`
`committed acts of infringement in and has its principal place of business within this district. For
`
`instance, SEA’s self-identified headquarters are located at 85 Challenger Road, Ridgefield Park,
`
`New Jersey 07660. Venue is proper for defendant SEC, a Korean company, because suits
`
`against foreign entities are proper in any judicial district.
`
`THE ASSERTED PATENTS
`
`8.
`
`The ’744 patent is entitled “Method for low temperature bonding and bonded
`
`structure,” and issued on June 30, 2009 to inventors Qin-Yi Tong, Gaius Gillman Fountain, Jr.,
`
`and Paul M. Enquist. Invensas Bonding owns the entire right, title, and interest in and to the
`
`’744 patent.
`
`9.
`
`The ’549 patent is entitled “Method for low temperature bonding and bonded
`
`structure,” and issued on October 5, 2010 to inventors Qin-Yi Tong, Gaius Gillman Fountain, Jr.,
`
`
`
`
`3
`
`

`

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`and Paul M. Enquist. Invensas Bonding owns the entire right, title, and interest in and to the
`
`’549 patent.
`
`10.
`
`The ’898 patent is entitled “Method for low temperature bonding and bonded
`
`structure,” and issued on January 18, 2011 to inventors Qin-Yi Tong, Gaius Gillman Fountain,
`
`Jr., and Paul M. Enquist. Invensas Bonding owns the entire right, title, and interest in and to the
`
`’898 patent.
`
`11.
`
`The ’505 patent is entitled “Method for low temperature bonding and bonded
`
`structure,” and issued on April 10, 2012 to inventors Qin-Yi Tong, Gaius Gillman Fountain, Jr.,
`
`and Paul M. Enquist. Invensas Bonding owns the entire right, title, and interest in and to the
`
`’505 patent.
`
`12.
`
`The ’143 patent is entitled “Method for low temperature bonding and bonded
`
`structure,” and issued on July 12, 2016 to inventors Qin-Yi Tong, Gaius Gillman Fountain, Jr.,
`
`and Paul M. Enquist. Invensas Bonding owns the entire right, title, and interest in and to the
`
`’143 patent.
`
`13.
`
`The ’368 patent is entitled “Three dimensional device integration method and
`
`integrated device,” and issued on August 30, 2016 to inventors Paul M. Enquist and Gaius
`
`Gillman Fountain, Jr. Invensas Bonding owns the entire right, title, and interest in and to the
`
`’368 patent.
`
`CLAIMS FOR PATENT INFRINGEMENT
`
`14.
`
`The allegations provided below are exemplary and without prejudice to Plaintiff’s
`
`infringement contentions provided pursuant to the Court's scheduling order and local civil rules.
`
`In providing these allegations, Plaintiff does not convey or imply any particular claim
`
`constructions or the precise scope of the claims. Plaintiff’s claim construction contentions
`
`
`
`
`4
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`

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`Case 1:17-cv-07609-RMB-KMW Document 1 Filed 09/28/17 Page 5 of 29 PageID: 5
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`regarding the meaning and scope of the claim terms will be provided under the Court's
`
`scheduling order and local civil rules.
`
`15.
`
`The accused products include, but are not limited to, Samsung’s Galaxy S6, S7,
`
`and S8 devices (collectively, the “Accused Products”). On information and belief, the Accused
`
`Products include one or more infringing bonded semiconductor devices, such as image sensors
`
`and accelerometers. A scanning electron microscope (SEM) image of a cross-section of an
`
`exemplary infrared image sensor taken from a Galaxy S8 is shown below.
`
`
`
`16.
`
`The images below include the results of a secondary ion-mass spectrometry
`
`(SIMS) analysis performed on the above-depicted image sensor, with the region of interest
`
`indicated by the red arrow. As shown below, two wafers are bonded together without adhesives.
`
`The device wafer (to the right of the bond interface at 0 nm) includes two oxide layers adjacent
`
`to the bond interface, the first starting at roughly 0 nm in the SIMS plot below, and the second
`
`starting at roughly 750 nm.
`
`
`
`
`5
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`

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`17.
`
`As shown in the above images, and as detailed below, each element of at least one
`
`claim of each of the Asserted Patents is literally present in the Accused Products. To the extent
`
`that any element is not literally present, each such element is present under the doctrine of
`
`
`
`equivalents.
`
`
`
`
`6
`
`

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`COUNT I
`INFRINGEMENT OF THE ’744 PATENT
`
`18.
`
`Invensas Bonding incorporates by reference the allegations set forth in paragraphs
`
`1 through 17 as though fully set forth herein.
`
`19.
`
`On information and belief, Samsung has directly infringed and continues to
`
`infringe, and/or has induced the infringement of, one or more claims of the ’744 patent, including
`
`claim 41, literally or under the doctrine of equivalents, by making, using, importing, selling,
`
`and/or offering to sell in the United States without authority, at least the Samsung Galaxy S6, S7,
`
`and S8, and other devices containing substantially similar bonded semiconductor accelerometers
`
`and/or image sensors (collectively, the “’744 Accused Products”), in violation of 35 U.S.C.
`
`§ 271.
`
`20.
`
`Claim 41 recites “a processing method.” On information and belief, and as shown
`
`above in paragraphs 15-16, Samsung performs a processing method to manufacture bonded
`
`semiconductor devices in the ’744 Accused Products. For example, the image sensor present in
`
`the ’744 Accused Products includes a device wafer bonded to a second wafer.
`
`21.
`
`Claim 41 further requires “exposing a first surface of a first element to a plasma
`
`to at least enhance activation of said first surface.” On information and belief, Samsung exposes
`
`a first surface of a first element to a plasma to at least enhance activation of said first surface.
`
`For example, as shown above in paragraph 16, the image sensor present in the ’744 Accused
`
`Products includes a significant amount of nitrogen at the bond interface, indicative of exposure
`
`of a first surface of the device wafer to a plasma to enhance activation.
`
`22.
`
`Claim 41 further requires “terminating said first surface with a species capable of
`
`forming a chemical bond with a bond strength of at least 500 mJ/m2 without heating to a
`
`temperature more than about 200° C after exposure to said plasma.” On information and belief,
`
`
`
`
`7
`
`

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`Samsung terminates said first surface with a species capable of forming a chemical bond with a
`
`bond strength of at least 500 mJ/m2 without heating to a temperature more than about 200° C
`
`after exposure to said plasma. For example, as shown above in paragraph 16, the image sensor
`
`present in the ’744 Accused Products includes a significant amount of nitrogen at the bond
`
`interface, indicative of termination of the first surface with a nitrogen-containing species, which
`
`is capable of forming a chemical bond with a bond strength of at least 500 mJ/m2 without heating
`
`to a temperature more than about 200° C after exposure to said plasma.
`
`23.
`
`Claim 41 further requires “bonding said first surface to a second surface of a
`
`second element after said terminating step.” On information and belief, Samsung bonds said first
`
`surface to a second surface of a second element after said terminating step. For example, as
`
`shown above in paragraph 15, the image sensor present in the ’744 Accused Products comprises
`
`two bonded wafers.
`
`24.
`
`Claim 41 further requires “obtaining a chemical bond with bond strength of at
`
`least 500 mJ/m2.” On information and belief, Samsung obtains a chemical bond with a bond
`
`strength of at least 500 mJ/m2. For example, as shown above in paragraph 15, the image sensor
`
`present in the ’744 Accused Products comprises two bonded wafers that undergo further
`
`processing, such as wafer thinning, to form an image sensor. Such processes require a
`
`sufficiently strong bond (at least 500 mJ/ m2) between the wafers.
`
`25.
`
`The infringing bonded semiconductor devices of the ’744 Accused Products are
`
`neither materially changed by subsequent processes nor become trivial and nonessential
`
`components of another product.
`
`26.
`
`On information and belief, Samsung also actively, knowingly, and intentionally
`
`induces infringement of one or more claims of the ’744 patent under 35 U.S.C. § 271(b) by
`
`
`
`
`8
`
`

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`actively encouraging others to make, use, offer to sell, sell, and/or import the ’744 Accused
`
`Products in this judicial district and elsewhere in the United States. For example, Samsung
`
`actively promotes the sale, use, and importation of its infringing chips in marketing materials,
`
`technical specifications, data sheets, web pages on its website (e.g., www.samsung.com), press
`
`releases, and user manuals, as well as at trade shows (e.g., CES and Mobile World Congress) and
`
`through its sales and distribution channels that encourage infringing sales, offers to sell, and
`
`importation of the ’744 Accused Products or products containing infringing chips in the
`
`’744 Accused Products. See, e.g., How-Tos, SAMSUNG GALAXY S8
`
`| S8+, http://www.
`
`samsung.com/global/galaxy/galaxy-s8/how-to/ (last visited Sept. 26, 2017); Buy Now SAMSUNG
`
`WEBSITE, http://www.samsung.com/us/explore/galaxy-s8/buy/s/Device/ (last visited Sept. 26,
`
`2017). Samsung has been aware of the ’744 patent at least since April 12, 2012. By continuing
`
`these actions, Samsung has had the specific intent to induce, or was willfully blind of inducing,
`
`infringement of the ’744 patent.
`
`27.
`
`Samsung’s infringement of the ’744 patent has been willful and deliberate.
`
`Samsung has had knowledge of the ’744 patent and that its activities infringe the ’744 patent
`
`since at least April 12, 2012. On that date, Invensas Bonding (then known as Ziptronix, Inc.
`
`(“Ziptronix”)) made a presentation to Samsung explaining the benefits of its patented
`
`technologies, and how Samsung was infringing them. That presentation specifically identified
`
`the ’744 patent by name and title. With this knowledge, Samsung has continued to engage in the
`
`actions described above despite an objectively high likelihood that its actions constitute
`
`infringement. Samsung’s actions have been objectively reckless.
`
`28.
`
`Invensas Bonding has suffered and continues to suffer damages as a result of
`
`Samsung’s infringement of the ’744 patent.
`
`
`
`
`9
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`

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`Case 1:17-cv-07609-RMB-KMW Document 1 Filed 09/28/17 Page 10 of 29 PageID: 10
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`
`COUNT II
`INFRINGEMENT OF THE ’549 PATENT
`
`29.
`
`Invensas Bonding incorporates by reference the allegations set forth in paragraphs
`
`1 through 28 as though fully set forth herein.
`
`30.
`
`On information and belief, Samsung has directly infringed and continues to
`
`infringe, and/or has induced the infringement of, one or more claims of the ’549 patent, including
`
`claim 53, literally or under the doctrine of equivalents, by making, using, importing, selling,
`
`and/or offering to sell in the United States without authority, at least the Samsung Galaxy S6, S7,
`
`and S8, and other devices containing substantially similar bonded semiconductor accelerometers
`
`and/or image sensors (collectively, the “’549 Accused Products”), in violation of 35 U.S.C.
`
`§ 271.
`
`31.
`
`Claim 53 recites “a processing method.” On information and belief, Samsung
`
`performs a processing method to manufacture bonded semiconductor devices in the ’549
`
`Accused Products. For example, as shown above in paragraph 15, the image sensor present in
`
`the ’549 Accused Products includes a device wafer bonded to a second wafer.
`
`32.
`
`Claim 53 further requires “exposing a first surface of a first element to a plasma
`
`to at least enhance activation of said first surface.” On information and belief, Samsung exposes
`
`a first surface of a first element to a plasma to at least enhance activation of said first surface.
`
`For example, as shown above in paragraph 16, the image sensor present in the ’549 Accused
`
`Products includes a significant amount of nitrogen at the bond interface, indicative of exposure
`
`of a first surface of the device wafer to a plasma to enhance activation.
`
`33.
`
`Claim 53 further requires “terminating said first surface with a species capable of
`
`forming a chemical bond with a bond strength of at least 500 mJ/m2 without heating to a
`
`temperature more than about 200° C.” On information and belief, Samsung terminates said first
`
`
`
`
`10
`
`

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`surface with a species capable of forming a chemical bond with a bond strength of at least 500
`
`mJ/m2 without heating to a temperature more than about 200° C after exposure to said plasma.
`
`For example, as shown above in paragraph 16, the image sensor present in the ’549 Accused
`
`Products includes a significant amount of nitrogen at the bond interface, indicative of termination
`
`of the first surface with a nitrogen-containing species, which is capable of forming a chemical
`
`bond with a bond strength of at least 500 mJ/m2 without heating to a temperature more than
`
`about 200° C after exposure to said plasma.
`
`34.
`
`Claim 53 further requires “bringing together said first surface and a second
`
`surface of a second element after said terminating.” On information and belief, Samsung brings
`
`together said first surface and said surface of a second element after said terminating. For
`
`example, as shown above in paragraph 15, the image sensor present in the ’549 Accused
`
`products comprises two bonded wafers.
`
`35.
`
`Claim 53 further requires “obtaining a chemical bond with a bond strength of at
`
`least 500 mJ/m2.” On information and belief, Samsung obtains a chemical bond with a bond
`
`strength of at least 500 mJ/m2. For example, as shown above in paragraphs 15-16, the image
`
`sensor present in the ’549 Accused Products comprises two bonded wafers that undergo further
`
`processing, such as wafer thinning, to form an image sensor. Such processes require a
`
`sufficiently strong bond (at least 500 mJ/ m2) between the wafers.
`
`36.
`
`The infringing bonded semiconductor devices of the ’549 Accused Products are
`
`neither materially changed by subsequent processes nor become trivial and nonessential
`
`components of another product.
`
`37.
`
`On information and belief, Samsung also actively, knowingly, and intentionally
`
`induces infringement of one or more claims of the ’549 patent under 35 U.S.C. § 271(b) by
`
`
`
`
`11
`
`

`

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`actively encouraging others to make, use, offer to sell, sell, and/or import ’549 Accused Products
`
`or products containing infringing chips in the ’549 Accused Products, in this judicial district and
`
`elsewhere in the United States. For example, Samsung actively promotes the sale, use, and
`
`importation of its infringing chips in marketing materials, technical specifications, data sheets,
`
`web pages on its website (e.g., www.samsung.com), press releases, and user manuals, as well as
`
`at trade shows (e.g., CES and Mobile World Congress) and through its sales and distribution
`
`channels that encourage infringing sales, offers to sell, and importation of the ’549 Accused
`
`Products or products containing infringing chips in the ’549 Accused Products. See, e.g., How-
`
`Tos, SAMSUNG GALAXY S8 | S8+, http://www.samsung.com/global/galaxy/galaxy-s8/how-to/
`
`(last visited Sept. 26, 2017); Buy Now SAMSUNG WEBSITE, http://www.samsung.com/us
`
`/explore/galaxy-s8/buy/s/Device/ (last visited Sept. 26, 2017). Samsung has been aware of the
`
`’549 patent at least since April 12, 2012. By continuing these actions, Samsung has had the
`
`specific intent to induce, or was willfully blind of inducing, infringement of the ’549 patent.
`
`38.
`
`Samsung’s infringement of the ’549 patent has been willful and deliberate.
`
`Samsung has had knowledge of the ’549 patent and that its activities infringe the ’549 patent
`
`since at least April 12, 2012. On that date, Invensas Bonding (then known as Ziptronix) made a
`
`presentation to Samsung explaining the benefits of its patented technologies, and how Samsung
`
`was infringing them. That presentation specifically identified the ’549 patent by name and title.
`
`With this knowledge, Samsung has continued to engage in the actions described above despite an
`
`objectively high likelihood that its actions constitute infringement. Samsung’s actions have been
`
`objectively reckless.
`
`39.
`
`Invensas Bonding has suffered and continues to suffer damages as a result of
`
`Samsung’s infringement of the ’549 patent.
`
`
`
`
`12
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`

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`
`COUNT III
`INFRINGEMENT OF THE ’898 PATENT
`
`40.
`
`Invensas Bonding incorporates by reference the allegations set forth in paragraphs
`
`1 through 39 as though fully set forth herein.
`
`41.
`
`On information and belief, Samsung has directly infringed and continues to
`
`infringe, and/or has induced the infringement of, one or more claims of the ’898 patent, including
`
`claim 1, literally or under the doctrine of equivalents, by making, using, importing, selling,
`
`and/or offering to sell in the United States without authority, at least the Samsung Galaxy S6, S7
`
`and S8, and other devices containing substantially similar bonded semiconductor accelerometers
`
`and/or image sensors (collectively, the “’898 Accused Products”), in violation of 35 U.S.C.
`
`§ 271.
`
`42.
`
`Claim 1 recites “a bonding method.” On information and belief, Samsung
`
`performs a bonding method to manufacture bonded semiconductor devices in the ’898 Accused
`
`Products. For example, as shown above in paragraphs 15-16, the image sensor present in the
`
`’898 Accused Products includes a device wafer bonded to a second wafer.
`
`43.
`
`Claim 1 further requires “forming first and second planar bonding surfaces.” On
`
`information and belief, Samsung forms first and second planar bonding surfaces. For example,
`
`as shown above in paragraphs 15-16, the image sensor present in the ’898 Accused Products
`
`includes a planar bonding surface on both the device wafer and the second wafer.
`
`44.
`
`Claim 1 further requires “etching said first bonding surface.” On information and
`
`belief, Samsung etches the first bonding surface. For example, as shown above in paragraph 16,
`
`the image sensor present in the ’898 Accused Products includes a significant amount of nitrogen
`
`at the bond interface, indicative of plasma etching performed on the first bonding surface of the
`
`device wafer.
`
`
`
`
`13
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`45.
`
`Claim 1 further requires “terminating said first bonding surface with a species.”
`
`On information and belief, Samsung terminates the first bonding surface with a species. For
`
`example, as shown above in paragraph 16, the image sensor present in the ’898 Accused
`
`Products includes a significant amount of nitrogen at the bond interface, indicative of termination
`
`with a nitrogen-containing species of the first bonding surface.
`
`46.
`
`Claim 1 further requires “bringing into direct contact said first and second
`
`bonding surfaces after said etching and terminating.” On information and belief, Samsung
`
`brings into direct contact said first and second bonding surfaces after said etching and
`
`terminating. For example, as shown above in paragraphs 15-16, the image sensor present in the
`
`’898 Accused Products comprises a device wafer and a second wafer that are bonded in direct
`
`contact.
`
`47.
`
`Claim 1 further requires “forming a chemical bond between said first and second
`
`bonding surfaces.” On information and belief, Samsung forms a chemical bond between said
`
`first and second bonding surfaces. For example, as shown above in paragraphs 15-16, the image
`
`sensor present in the ’898 Accused Products comprises two bonded wafers that undergo further
`
`processing, such as wafer thinning, to form an image sensor. Such processes require a
`
`sufficiently strong bond between the wafers (such as a chemical bond).
`
`48.
`
`The infringing bonded semiconductor devices of the ’898 Accused Products are
`
`neither materially changed by subsequent processes nor become trivial and nonessential
`
`components of another product.
`
`49.
`
`On information and belief, Samsung actively, knowingly, and intentionally
`
`induces infringement of one or more claims of the ’898 patent under 35 U.S.C. § 271(b) by
`
`actively encouraging others to make, use, offer to sell, sell, and/or import ’898 Accused Products
`
`
`
`
`14
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`Case 1:17-cv-07609-RMB-KMW Document 1 Filed 09/28/17 Page 15 of 29 PageID: 15
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`or products containing infringing chips in the ’898 Accused Products, in this judicial district and
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`elsewhere in the United States. For example, Samsung actively promotes the sale, use, and
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`importation of its infringing chips in marketing materials, technical specifications, data sheets,
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`web pages on its website (e.g., www.samsung.com), press releases, and user manuals, as well as
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`at trade shows (e.g., CES and Mobile World Congress) and through its sales and distribution
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`channels that encourage infringing sales, offers to sell, and importation of the ’898 Accused
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`Products or products containing infringing chips in the ’898 Accused Products. See, e.g., How-
`
`Tos, SAMSUNG GALAXY S8 | S8+, http://www.samsung.com/global/galaxy/galaxy-s8/how-to/
`
`(last visited Sept. 26, 2017); Buy Now SAMSUNG WEBSITE, http://www.samsung.com/us
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`/explore/galaxy-s8/buy/s/Device/ (last visited Sept. 26, 2017). Samsung has been aware of the
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`’898 patent at least since April 12, 2012. By continuing these actions, Samsung has had the
`
`specific intent to induce, or was willfully blind of inducing, infringement of the ’898 patent.
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`50.
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`Samsung’s infringement of the ’898 patent has been willful and deliberate.
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`Samsung has had knowledge of the ’898 patent and that its activities infringe the ’898 patent
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`since at least April 12, 2012. On that date, Invensas Bonding (then known as Ziptronix) made a
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`presentation to Samsung explaining the benefits of its patented technologies, and how Samsung
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`was infringing them. That presentation specifically identified the ’898 patent by name and title.
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`With this knowledge, Samsung has continued to engage in the actions described above despite an
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`objectively high likelihood that its actions constitute infringement. Samsung’s actions have been
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`objectively reckless.
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`51.
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`Invensas Bonding has suffered and continues to suffer damages as a result of
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`Samsung’s infringement of the ’898 patent.
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`15
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`Case 1:17-cv-07609-RMB-KMW Document 1 Filed 09/28/17 Page 16 of 29 PageID: 16
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`COUNT IV
`INFRINGEMENT OF THE ’505 PATENT
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`52.
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`Invensas Bonding incorporates by reference the allegations set forth in paragraphs
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`1 through 51 as though fully set forth herein.
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`53.
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`On information and belief, Samsung has directly infringed and continues to
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`infringe, and/or has induced the infringement of, one or more claims of the ’505 patent, including
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`claim 77, literally or under the doctrine of equivalents, by making, using, importing, selling,
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`and/or offering to sell in the United States without authority, at least the Samsung Galaxy S6, S7,
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`and S8, and other devices containing substantially similar bonded semiconductor accelerometers
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`and/or image sensors (collectively, the “’505 Accused Products”), in violation of 35 U.S.C.
`
`§ 271.
`
`54.
`
`Claim 77 recites “a bonded structure.” On information and belief, the ’505
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`Accused Products include semiconductor devices that contain a bonded structure. For example,
`
`as shown above in paragraphs 15-16, the image sensor present in the ’505 Accused Products
`
`comprises a processed semiconductor device wafer and a second wafer bonded together.
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`55.
`
`Claim 77 further requires “a processed semiconductor device wafer comprising a
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`first surface and a planarized insulating material having a first bonding surface wherein said
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`planarized insulating material is opposite said first surface.” On information and belief, the
`
`bonded structure present in the ’505 Accused Products comprises a processed semiconductor
`
`device wafer comprising a first surface and a planarized insulating material having a first
`
`bonding surface wherein said planarized insulating material is opposite said first surface. For
`
`example, as shown above in paragraphs 15-16, the image sensor present in the ’505 Accused
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`Products comprises a semiconductor device wafer comprising a first surface opposite a
`
`planarized silicon oxide layer having a first bonding surface.
`
`
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`16
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`Case 1:17-cv-07609-RMB-KMW Document 1 Filed 09/28/17 Page 17 of 29 PageID: 17
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`56.
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`Claim 77 further requires “a first material having a second surface and a second
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`bonding surface opposite said second surface.” On information and belief, the bonded structure
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`present in the ’505 Accused Products comprises a first material having a second surface and a
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`second bonding surface opposite said second surface. For example, as shown above in
`
`paragraphs 15-16, the image sensor present in the ’505 Accused Products comprises a second
`
`wafer with a second surface and a second bonding surface opposite the second surface.
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`57.
`
`Claim 77 further requires “wherein said first bonding surface is an etched surface
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`terminated with a species.” On information and belief, said first bonding surface is an etched
`
`surface terminated with a species. For example, as shown above in paragraph 16, the image
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`sensor present in the ’505 Accused Products includes a significant amount of nitrogen at the
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`bond interface, indicative of the first bonding surface having undergone etching and termination
`
`with a nitrogen-containing species.
`
`58.
`
`Claim 77 further requires “wherein said first and second bonding surfaces are in
`
`direct contact with each other and bonded together with a chemical bond without any adhesive.”
`
`On information and belief, said first and second bonding surfaces are in direct contact with each
`
`other and bonded together with a chemical bond without any adhesive. For example, as shown
`
`above in paragraphs 15-16, the image sensor present in the ’505 Accused Products include a
`
`processed semiconductor device wafer bonded to a second wafer in direct contact without
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`adhesives. The bonded wafers undergo further processing, such as wafer thinning, to form an
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`image sensor. Such processes require a sufficiently strong bond between the wafers (such as a
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`chemical bond).
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`17
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`Case 1:17-cv-07609-RMB-KMW Document 1 Filed 09/28/17 Page 18 of 29 PageID: 18
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`59.
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`The infringing bonded semiconductor devices of the ’505 Accused Products are
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`neither materially changed by subsequent processes nor become trivial and nonessential
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`components of another product.
`
`60.
`
`On information and belief, Samsung actively, knowingly, and intentionally
`
`induces infringement of one or more claims of the ’505 patent under 35 U.S.C. § 271(b) by
`
`actively encouraging others to make, use, offer to sell, sell, and/or import ’505 Accused Products
`
`or products containing infringing chips in the ’505 Accused Products, in this judicial district and
`
`elsewhere in the United States. For example, Samsung actively promotes the sale, use, and
`
`importation of its infringing chips in marketing materials, technical specifications, data sheets,
`
`web pages on its website (e.g., www.samsung.com), press releases, and user manuals, as well as
`
`at trade shows (e.g., CES and Mobile World Congress) and through its sales and distribution
`
`channels that encourage infringing sales, offers to sell, and importation of the ’505 Accused
`
`Products or products containing infringing chips in the ’505 Accused Products. See, e.g., How-
`
`Tos, SAMSUNG GALAXY S8 | S8+, http://www.samsung.com/global/galaxy/galaxy-s8/how-to/
`
`(last visited Sept. 26, 2017); Buy Now SAMSUNG WEBSITE, http://www.samsung.com/us
`
`/explore/galaxy-s8/buy/s/Device/ (last visited Sept. 26, 2017). Samsung has been aware of the
`
`’505 patent or its underlying application at least since April 12, 2012. By continuing these
`
`actions, Samsung has had the specific intent to induce, or was willfully blind of inducing,
`
`infringement of the ’505 patent.
`
`61.
`
`Samsung’s infringement of the ’505 patent has been willful and deliberate.
`
`Samsung has had knowledge of the ’505 patent or its underlying application and that it