throbber
Case 1:15-cv-00910-GMS Document 1 Filed 10/09/15 Page 1 of 29 PageID #: 1
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`
`AMKOR TECHNOLOGY, INC.,
`
`COMPLAINT
`
`
`
`Plaintiff Amkor Technology, Inc., a Delaware Corporation (“Amkor”), by its undersigned
`
`attorneys, for its Complaint against Defendants Synaptics, Inc. (“Synaptics”) and Validity
`
`Sensors, LLC (“Validity”), alleges as follows:
`
`NATURE OF THE ACTION
`
`1.
`
`In this action, Amkor, one of the world’s leading suppliers of outsourced
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`semiconductor interconnect services, seeks redress against Defendants Synaptics and Validity for
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`violations of law and the norms of industry conduct. Over a period of years, through guile and
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`deception, Defendants have taken the intellectual property of Amkor, using misappropriated
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`Amkor sensor packaging designs to build a highly successful business. Defendants’ conduct has
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`been willful and malicious, and Amkor seeks damages, punitive damages, and injunctive relief to
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`stop the Defendants from profiting from their illegal conduct. Specifically, Amkor sues for
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`infringement of United States Patent No. 7,358,174 (the “’174 Patent”) (attached as Exhibit A)
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`entitled “Methods of Forming Solder Bumps on Exposed Metal Pads” (the “Patent-in-Suit”)
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`under the patent laws of the United States, 35 U.S.C. § 1, et seq., copyright infringement,
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`misappropriation of trade secrets, breach of contract, unfair competition, tortious interference
`
`
`
`
`
`
`
`
`
`
`
`C.A. No.
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`JURY TRIAL DEMANDED
`
`))))))))))
`
`
`
`
`
`
`
`Plaintiff,
`
`
`
`v.
`
`
`
`
`
`
`SYNAPTICS, INC. and VALIDITY
`SENSORS, LLC,
`
`
`
`
`
`Defendants.
`
`
`
`
`
`IPR2016-00865
`Exhibit 2006-001
`
`

`
`Case 1:15-cv-00910-GMS Document 1 Filed 10/09/15 Page 2 of 29 PageID #: 2
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`with contract, civil conspiracy, violation of the Computer Fraud and Abuse Act, and violation of
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`the Delaware Misuse of Computer System Information Act.
`
`2.
`
`Amkor collaborates with other businesses to create sophisticated electronic
`
`devices such as biosensors that, e.g., detect when a user’s fingerprint profile authorizes the user
`
`to have access to a smartphone. Amkor creates the highly complex, technologically
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`sophisticated interconnections or “packaging” for these devices.
`
`3.
`
`This action seeks relief for multiple forms of wrongdoing by Defendants relating
`
`to these biosensors, including but not limited to the following:
`
`a.
`Defendants are actively inducing infringement of the ’174 Patent and,
`upon information and belief, have directly infringed the ’174 Patent.
`
`b.
`its non-disclosure agreement,
`in violation of
`Defendant Validity,
`misappropriated Amkor’s confidential and proprietary Wafer Level Fan Out (“WLFO”)
`technology. Validity wrongfully submitted Amkor’s ideas and even its confidential
`diagrams to the United States Patent Office, falsely claiming them as its own and causing
`Amkor’s valuable, confidential information to be placed into the public domain without
`Amkor’s knowledge or consent. In addition, upon information and belief, Validity and
`Synaptics have been using Amkor’s confidential information as part of a plan to
`commercialize this WLFO technology.
`
`c.
`Defendants Validity and Synaptics, again in violation of a non-disclosure
`agreement, misappropriated Amkor’s confidential and proprietary design files for “flip
`chip chip scale package” technology. Defendants sent to Amkor’s primary competitor,
`third-party Advanced Semiconductor Engineering, Inc. (“ASE”), design files that were
`copied, in whole or substantial part, from the Amkor design files. Upon information and
`belief, Synaptics, Validity and ASE together have collaborated on, and have been
`successfully selling, a product based on those files.
`
`THE PARTIES
`
`4.
`
`Plaintiff Amkor is a Delaware Corporation with its principal place of business in
`
`Tempe, Arizona. Amkor is one of the world’s largest providers of semiconductor packaging and
`
`test services.
`
`2
`
`IPR2016-00865
`Exhibit 2006-002
`
`

`
`Case 1:15-cv-00910-GMS Document 1 Filed 10/09/15 Page 3 of 29 PageID #: 3
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`5.
`
`Upon information and belief, Defendant Synaptics is a Delaware corporation with
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`its principal place of business in California, and is a developer and supplier of, among other
`
`things, touch-based semiconductor products.
`
`6.
`
`Upon information and belief, Defendant Validity is a Delaware limited liability
`
`company with its principal place of business in California, and is also a developer and supplier of
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`touch-based semiconductor products.
`
`7.
`
`Upon information and belief, Defendant Synaptics acquired Validity Sensors, Inc.
`
`on or about November 7, 2013 and formed Validity Sensors LLC, which is the successor-in-
`
`interest to Validity Sensors, Inc.’s assets and liabilities.
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`JURISDICTION
`
`8.
`
`This Court has subject matter jurisdiction over this dispute under 28 U.S.C.
`
`§§ 1331, 1338(a) and § 1367.
`
`AMKOR’S BUSINESS
`
`9.
`
`Since its founding in 1968, Amkor has pioneered the development and
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`outsourcing of semiconductor packaging and test services. Amkor is a strategic manufacturing
`
`partner for more than 300 of the world’s leading semiconductor companies, foundries and
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`electronics original equipment manufacturers (“OEMs”).
`
`10.
`
`Through a significant investment of time, capital, and people, Amkor has built a
`
`leading position in the semiconductor industry by designing innovative packaging for
`
`semiconductor chips to be used in electronic devices. For example, Amkor’s cutting-edge
`
`semiconductor packaging allows sensor integration into the phone to sense whether the user’s
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`fingerprint profile authorizes the user to have access to the phone. Fingerprint identification on
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`mobile phones is an ever-growing and important worldwide line of business.
`
`3
`
`IPR2016-00865
`Exhibit 2006-003
`
`

`
`Case 1:15-cv-00910-GMS Document 1 Filed 10/09/15 Page 4 of 29 PageID #: 4
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`11.
`
`In recent years, Amkor has invested hundreds of millions of dollars on state-of-
`
`the-art facilities and equipment to provide services for the industry’s most complex devices.
`
`12. With approximately 400 employees engaged in research and development
`
`focusing on the design and development of new semiconductor packaging and test technologies,
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`Amkor has achieved technology leadership in areas such as advanced flip chip and wafer-level
`
`semiconductor processing and packaging. The industry in which Amkor competes is highly
`
`fragmented, and Amkor’s renowned technology leadership sets Amkor apart from its
`
`competition in capturing the most valuable business opportunities as customers and leading
`
`electronics manufacturers strive for smaller device geometries, higher levels of speed and
`
`performance, and lower power consumption. Protection of its technology and trade secrets is
`
`absolutely critical to Amkor’s core strategy and business model.
`
`WAFER LEVEL FAN OUT TECHNOLOGY
`
`Amkor Enters into A Non-Disclosure Agreement with Validity in 2008
`
`13.
`
`On or about September 30, 2008, Amkor and Validity entered into a Mutual Non-
`
`Disclosure Agreement (“2008 NDA”) to allow Validity access to Amkor’s confidential
`
`information. The 2008 NDA defines “Confidential Information” as all information relating to,
`
`among other things, “business plans, technology, product plans, products, developments,
`
`inventions, processes, designs, [and] drawings[.]” 2008 NDA § 1.2. The 2008 NDA was drafted
`
`for the express purpose of strictly protecting the confidentiality of Amkor’s “Advanced
`
`Packaging” technology which was to be shared with Validity. See id. App’x A (“Permitted
`
`Purpose”).
`
`14.
`
`The parties to the 2008 NDA agreed that the recipient of Confidential Information
`
`“shall disclose Confidential Information only to those of its employees, agents and independent
`
`contractors who have a need to know such information for the Permitted Purpose[,]” id. § 2.3,
`
`4
`
`IPR2016-00865
`Exhibit 2006-004
`
`

`
`Case 1:15-cv-00910-GMS Document 1 Filed 10/09/15 Page 5 of 29 PageID #: 5
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`and further agreed not to reproduce or copy any Confidential Information without the discloser’s
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`prior written consent, id. § 2.4, or remove any “proprietary rights legend” from “materials
`
`disclosing or embodying Confidential Information.” Id. § 2.5.
`
`15.
`
`Importantly, except for permitted uses expressly contemplated in the agreement,
`
`the 2008 NDA “grants no license … under any copyrights, patents, trademarks, trade secrets or
`
`other proprietary rights to use or reproduce Confidential Information.” Id. § 2.7.
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`16. Moreover, “[i]n the event that Confidential Information is or becomes the subject
`
`of a patent application, patent, copyright, or other proprietary right, Recipient agrees and
`
`understands that Discloser will have all the rights and remedies available to it under the law as a
`
`result of said patent application, patent, copyright or other proprietary right.” Id.
`
`17.
`
`The 2008 NDA remains in full force “for a period of three (3) years from the
`
`Effective Date” of September 30, 2008, and the “obligations regarding confidentiality shall
`
`continue for a period of five (5) years from disclosure of Confidential Information or until such
`
`time as the subject Confidential Information of a Discloser disclosed under this Agreement
`
`becomes publicly known or made generally available through no action by the Recipient.” Id.
`
`§ 3.
`
`Pursuant to the NDA, Amkor Shares Confidential and
`Proprietary Wafer Level Fan Out Technology With Validity
`
`18.
`
`In or around March 2010, Amkor approached Validity about designing a package
`
`for a new fingerprint biosensor, which could be used, inter alia, to provide access to a smart
`
`phone, using a new technology called Wafer Level Fan Out (“WLFO”).
`
`19.
`
`For more than two years, Amkor engaged in intensive research and development
`
`efforts, both in the United States and Korea, to develop semiconductor packaging suitable for the
`
`WLFO project. A dedicated team of more than twenty employees was diverted from other
`
`5
`
`IPR2016-00865
`Exhibit 2006-005
`
`

`
`Case 1:15-cv-00910-GMS Document 1 Filed 10/09/15 Page 6 of 29 PageID #: 6
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`projects to work on WLFO development. Amkor spent approximately $7 million dollars on
`
`equipment alone for this project, which it purchased specifically for this project.
`
`20.
`
`In various documents and meetings in 2010 and 2011, Amkor provided its
`
`confidential and proprietary ideas, designs, product plans, and other confidential information
`
`regarding WLFO to Validity, pursuant to the 2008 NDA. In particular, pursuant to the 2008
`
`NDA, Amkor provided three critical diagrams in documents and presentation materials to
`
`Validity.
`
`21.
`
`The diagrams, specifically those on slide 2 of Amkor’s confidential presentation
`
`dated March 2010 and on slides 8 and 7 of Amkor’s confidential presentation dated September
`
`2010 (redacted versions of which are reproduced here as Figures 1a, 1b, and 1c, respectively,
`
`below) were marked as “Amkor Proprietary Business Information.” They demonstrate essential
`
`design information for the WLFO technology and the design process, which is a major
`
`technological step forward with significant commercial value belonging to Amkor.
`
`22.
`
`Nonetheless, Validity copied substantial portions of each of those diagrams into
`
`patent applications that Validity then passed off as its own and filed with the Patent and
`
`Trademark Office. The copied materials are substantially similar to, and in many respects
`
`virtually identical to, the Amkor source materials. In addition, Validity incorporated into the
`
`patent applications substantial additional confidential know-how and information acquired in
`
`confidence from Amkor corresponding to the diagrams that they copied.
`
`23.
`
`24.
`
`Validity’s non-provisional patent application is currently pending.
`
`Figures 2a, 2b, and 2c on the pages below are diagrams included in Validity’s
`
`provisional patent application and correspond respectively to Amkor Figures 1a, 1b, and 1c.
`
`Figures 3a, 3b, and 3c are diagrams included in Validity’s patent application and, again,
`
`6
`
`IPR2016-00865
`Exhibit 2006-006
`
`

`
`Case 1:15-cv-00910-GMS Document 1 Filed 10/09/15 Page 7 of 29 PageID #: 7
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`correspond respectively to Amkor Figures 1a, 1b, and 1c. The striking similarity of the
`
`corresponding diagrams is evident.
`
`Figure 1a: Amkor’s Wafer Level Fan Out
`
`Figure 2a: Validity Provisional Patent Application Figure 13 Copies Amkor’s
`Presentation
`
`
`
`
`
`7
`
`IPR2016-00865
`Exhibit 2006-007
`
`

`
`Case 1:15-cv-00910-GMS Document 1 Filed 10/09/15 Page 8 of 29 PageID #: 8
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`Figure 3a: Validity Patent Application Figure 13 Copies Amkor’s Presentation
`
`
`
`8
`
`IPR2016-00865
`Exhibit 2006-008
`
`

`
`Case 1:15-cv-00910-GMS Document 1 Filed 10/09/15 Page 9 of 29 PageID #: 9
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`Figure 1b: Amkor’s Wafer Level Fan Out Device Structure
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`Figure 2b: Validity Provisional Patent Application Figure 4 Copies Amkor’s Presentation
`
`
`
`
`
`
`
`9
`
`IPR2016-00865
`Exhibit 2006-009
`
`

`
`Case 1:15-cv-00910-GMS Document 1 Filed 10/09/15 Page 10 of 29 PageID #: 10
`
`Figure 3b: Validity Patent Application Figure 4 Copies Amkor’s Presentation
`
`
`
`10
`
`IPR2016-00865
`Exhibit 2006-010
`
`

`
`Case 1:15-cv-00910-GMS Document 1 Filed 10/09/15 Page 11 of 29 PageID #: 11
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`Figure 1c: Amkor’s Wafer Level Fan Out Device Process Flow
`
`Figure 2c: Validity Provisional Patent Application Figure 5 Copies Amkor’s Presentation
`
`
`
`
`
`11
`
`IPR2016-00865
`Exhibit 2006-011
`
`

`
`Case 1:15-cv-00910-GMS Document 1 Filed 10/09/15 Page 12 of 29 PageID #: 12
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`Figure 3c: Validity Patent Application Figure 5 Copies Amkor’s Presentation
`
`
`
`12
`
`IPR2016-00865
`Exhibit 2006-012
`
`

`
`Case 1:15-cv-00910-GMS Document 1 Filed 10/09/15 Page 13 of 29 PageID #: 13
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`25.
`
`The WLFO technology shown in the figures above is a method to produce
`
`semiconductor chip packages that has technical advantages over other manufacturing processes
`
`including, inter alia, a resulting lower manufacturing error rate because the circuitry provided
`
`from a manufacturing partner is tested before being incorporated into the semiconductor
`
`packaging.
`
`26.
`
`Amkor took reasonable precautions to maintain the secrecy of its WLFO
`
`technology by, for example, requiring the use of non-disclosure agreements.
`
`Validity Violates the NDA By Submitting Amkor’s Confidential
`and Proprietary Diagrams to the U.S. Patent Office
`
`27.
`
`On March 16, 2011, Validity filed U.S. provisional patent application No.
`
`61/453,460 (the “’460 Application”). On March 14, 2012, Validity filed U.S. Patent Application
`
`No. 13/420,188, “Packaging for Fingerprint Sensors and Methods of Manufacture” (the “’188
`
`Application”).
`
`28.
`
`Unbeknownst to Amkor and without its express or implied permission, Validity
`
`utilized and disclosed Amkor’s Confidential Information in both the ‘460 and the ’188
`
`Application.
`
`29.
`
`In particular, as an essential part of the ’460 Application, Validity submitted three
`
`diagrams, shown above as Figures 2a, 2b, and 2c that copy both the content and expression of
`
`Amkor’s proprietary and confidential information.
`
`30.
`
`In particular, as an essential part of the ’188 Application, Validity submitted three
`
`diagrams, shown above as Figures 3a, 3b, and 3c that copy both the content and expression of
`
`Amkor’s proprietary and confidential information.
`
`13
`
`IPR2016-00865
`Exhibit 2006-013
`
`

`
`Case 1:15-cv-00910-GMS Document 1 Filed 10/09/15 Page 14 of 29 PageID #: 14
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`31.
`
`Validity’s publication of the ’188 Application fails to list Amkor or any of its
`
`employees as inventors and does not include Amkor’s proprietary rights legend as required by
`
`the 2008 NDA.
`
`32.
`
`Upon information and belief, Validity and/or Synaptics has used or intends to use
`
`Amkor’s proprietary WLFO technology to make biosensors for commercial distribution, which
`
`upon information and belief, will result in annual revenue exceeding tens of millions of dollars.
`
`FLIP CHIP BIOSENSORS
`
`Amkor Enters Into A Subsequent Non-Disclosure Agreement With Validity in 2012
`
`33.
`
`On or about July 2012, Validity and Amkor began discussing utilizing another
`
`form of technology for a biosensor called a “flip chip.”
`
`34.
`
`Flip chip technology is an improvement over some other forms of semiconductor
`
`packages because it allows a higher number of sensor connections, using Amkor’s fine pitch
`
`bump technology. Flip chip technology also enables smaller chips and thinner, smaller form
`
`factors (or physical package dimensions).
`
`35.
`
`On or about August 9, 2012, Amkor and Synaptics entered into a Mutual Non-
`
`Disclosure Agreement (“2012 Synaptics NDA”) in order to exchange confidential information.
`
`36.
`
`On or about August 14, 2012, Amkor and Validity entered into a subsequent
`
`Mutual Non-Disclosure Agreement (“2012 Validity NDA”) in order to exchange confidential
`
`information relating to flip chip packaging.
`
`37.
`
`As with the 2008 NDA, the 2012 Validity NDA defines “Confidential
`
`Information” as all information relating, inter alia, to “business plans, technology, product plans,
`
`products, developments, inventions, processes, designs, [and] drawings[.]” 2012 Validity NDA
`
`§ 1.2.
`
`14
`
`IPR2016-00865
`Exhibit 2006-014
`
`

`
`Case 1:15-cv-00910-GMS Document 1 Filed 10/09/15 Page 15 of 29 PageID #: 15
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`38.
`
`The 2012 Validity NDA was drafted for the purpose of, inter alia, “evaluat[ing]
`
`possible business relationship(s) of mutual interest to the Parties related to semiconductor
`
`assembly[” and “to engage in such relationship(s) (if any) undertaken by the Parties.” See id.
`
`App’x A (“Permitted Purpose”).
`
`39.
`
`The parties to the 2012 Validity NDA agreed that the recipient of Confidential
`
`Information “shall not disclose Confidential Information to third parties, and shall prevent the
`
`disclosure of such information to third parties . . . .” Id. § 2.2.
`
`Amkor Provides Confidential and Proprietary
`“Flip Chip” Design Files to Validity Pursuant to the 2012 Validity NDA
`
`40.
`
`Pursuant to the 2012 Validity NDA, Amkor and Validity agreed to cooperate in
`
`building a flip chip semiconductor package. Intensive research and design work on the flip chip
`
`took place in late 2012 and into 2013. More than twenty Amkor employees worked on the
`
`development effort, which became one of Amkor’s top priorities company-wide.
`
`41.
`
`On September 6, 2012, Amkor agreed to provide Validity with Amkor’s highly
`
`confidential design rules for the flip chip chip scale package (“FCCSP”). Amkor developed
`
`these valuable rules as a result of years of research and testing. Amkor expressly reminded
`
`Validity that the design rules are proprietary and that Amkor was disclosing them only pursuant
`
`to the NDA. Design rules are important and confidential specifications relating to how to build
`
`the chip, which would be of significant value to a competitor.
`
`42.
`
`On October 10, 2012, Joe Johnson of Amkor sent the first design file for the
`
`project, which by then had been given the code name Raptor, to Validity. Mr. Johnson had
`
`developed this file as an implementation of FCCSP technology that Amkor had developed and
`
`refined over years of research and testing. This technology remained the heart of the substrate
`
`design throughout the Raptor project’s various iterations.
`
`15
`
`IPR2016-00865
`Exhibit 2006-015
`
`

`
`Case 1:15-cv-00910-GMS Document 1 Filed 10/09/15 Page 16 of 29 PageID #: 16
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`Synaptics Acquires Validity, and Validity Employees
`Begin to Request More Confidential Information from Amkor
`
`43.
`
`44.
`
`On or about November 8, 2013, Synaptics bought Validity for $255 million.
`
`Upon information and belief, prior to purchasing Validity, Synaptics was a
`
`company that specialized in human interfaces with technology, but lacked fingerprint
`
`identification technology. Upon information and belief, Synaptics had long sought access to the
`
`highly lucrative biometrics market. The purchase of Validity gave Synaptics prime access to that
`
`market via fingerprint identification technology, on which Amkor and Validity were working
`
`together, using Amkor’s proprietary information.
`
`45.
`
`Upon information and belief, Synaptics had a pre-existing relationship with ASE,
`
`a competitor of Amkor, prior to Synaptics’ acquisition of Validity.
`
`46.
`
`During the time frame of Synaptics’ acquisition of Validity, employees from
`
`Validity starting asking many questions about Amkor’s design work and process, coming to the
`
`plant for visits, and asking questions that they had not asked before. The questions were detailed
`
`inquiries about the technology, in one highly unusual instance asking even for Amkor’s complete
`
`specifications.
`
`47.
`
`Amkor accommodated Validity’s requests in most respects, continuing to develop
`
`and send Raptor design files to Validity into early 2014. Amkor then successfully completed its
`
`R&D and production on this technology, enabling Validity to incorporate that technology into its
`
`product and sell tens of millions of dollars of product.
`
`48.
`
`However, Validity nonetheless insisted that Amkor cut its pricing drastically.
`
`Amkor refused, and Validity unceremoniously dumped Amkor. Subsequently, Amkor learned
`
`that Validity had begun working with Amkor arch rival ASE instead.
`
`16
`
`IPR2016-00865
`Exhibit 2006-016
`
`

`
`Case 1:15-cv-00910-GMS Document 1 Filed 10/09/15 Page 17 of 29 PageID #: 17
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`49.
`
`Upon information and belief, Validity’s questioning of Amkor about Amkor’s
`
`design work and process was at the behest of Synaptics, for the purpose of misappropriating
`
`Amkor’s confidential and proprietary information, transferring it to ASE, and cutting Amkor out
`
`of the picture. Upon information and belief, Synaptics and Validity subsequently carried out this
`
`plan, thus enabling ASE to create the same product at much lower costs, because ASE had not
`
`incurred any of the substantial development costs and time that Amkor had expended.
`
`Validity and Synaptics Misappropriate Amkor’s Confidential and
`Proprietary “Flip Chip” Design Files and Send them to Amkor’s Primary Competitor
`
`50.
`
`On January 14, 2014, Amkor learned that Validity, in violation of the 2012
`
`Validity NDA and without Amkor’s knowledge or consent, had sent Amkor’s confidential
`
`Raptor files to ASE.
`
`51.
`
`Specifically, on January 14, 2014, Richard Quinn of Validity sent the following
`
`email to Fernando Roa of Amkor: “Hi Fernando, can you get this .mcm saved in V16.5?
`
`Thanks, Rich.” He attached a file “AR_SYN_003.R2.zip”. The file is of a type used to prepare
`
`circuit designs.
`
`52. When opening the AR_SYN_003.R2.zip file, Amkor was shocked to discover
`
`that the file was not an original Amkor design file, but a file created by ASE. Even more
`
`troubling, the file contained an exact copy of the design submitted by Amkor to Validity solely
`
`for purposes of Amkor and Validity’s work together, except that Amkor’s name, confidentiality
`
`legend, and copyright notice were removed and the name “ASE Group” was prominently added.
`
`Furthermore, the design rules for the FCCSP technology accessible from a menu in the design
`
`file were an exact copy of Amkor’s FCCSP design rules.
`
`53. With these documents, Mr. Quinn mistakenly forwarded a long email chain
`
`spanning several weeks among Validity, Synaptics and ASE, demonstrating that Validity had
`
`17
`
`IPR2016-00865
`Exhibit 2006-017
`
`

`
`Case 1:15-cv-00910-GMS Document 1 Filed 10/09/15 Page 18 of 29 PageID #: 18
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`been feeding Amkor design information to ASE. The unintentional forwarding of the chain,
`
`which was never meant for Amkor’s eyes, blew open the scheme and demonstrated that Validity
`
`and Synaptics had willfully stolen Amkor’s confidential information and turned it over to a
`
`competitor.
`
`54.
`
`Validity and Synaptics had been asking Amkor to provide its confidential and
`
`proprietary information pursuant to the 2012 Validity NDA, and then Validity and Synaptics
`
`passed the information to Amkor’s primary competitor, ASE. Validity and Synaptics carried out
`
`this scheme in substantial part using Brett Dunlap, a former Amkor employee now employed by
`
`Validity and/or Synaptics, who made the requests for information to his former colleagues.
`
`55.
`
`Thereafter, upon information and belief, Validity and Synaptics produced product
`
`based on these misappropriated designs and sold tens of millions of dollars of product as a result.
`
`56.
`
`Amkor took reasonable precautions to maintain the secrecy of its flip chip
`
`technology, for example by requiring the use of non-disclosure agreements. Through Validity
`
`and Synaptics’s willful disregard of Amkor’s rights, Amkor has suffered and will continue to
`
`suffer the loss of its highly valuable confidential information, resulting in the loss of important
`
`business opportunities in a highly dynamic and lucrative market.
`
`Amkor Registers Diagrams from its Confidential and
`Presentations with the United States Copyright Office
`
`57.
`
`Amkor applied to the U.S. Copyright Office for a Certificate of Registration for a
`
`work titled “Presentation of March 2010 Slide 2 Figure,” a copy of the deposit for which appears
`
`below as Figure 4a. The Copyright Office granted Amkor's application and assigned registration
`
`number VAu001221551 to it, as shown on the page from the Copyright Office’s Copyright
`
`Catalog attached hereto as Exhibit B.
`
`18
`
`IPR2016-00865
`Exhibit 2006-018
`
`

`
`Case 1:15-cv-00910-GMS Document 1 Filed 10/09/15 Page 19 of 29 PageID #: 19
`
`Figure 4a: Amkor’s Copyrighted Work, “Presentation of September 2010 Slide 2 Figure”
`
`
`Amkor applied to the U.S. Copyright Office for a Certificate of Registration for a
`
`58.
`
`work titled “Presentation of September 2010 Slide 8 Figure,” a copy of the deposit for which
`
`appears below as Figure 4b. The Copyright Office granted Amkor's application and assigned
`
`registration number VAu001221552 to it, as shown on the page from the Copyright Office’s
`
`Copyright Catalog attached hereto as Exhibit C.
`
`Figure 4b: Amkor’s Copyrighted Work, “Presentation of September 2010 Slide 8 Figure”
`
`
`
`19
`
`IPR2016-00865
`Exhibit 2006-019
`
`

`
`Case 1:15-cv-00910-GMS Document 1 Filed 10/09/15 Page 20 of 29 PageID #: 20
`
`COUNT I
`Infringement of U.S. Patent No. 7,358,174
`(Against Validity and Synaptics)
`
`59.
`
`Amkor incorporates by reference the allegations contained in the preceding
`
`paragraphs as if fully set forth herein.
`
`60.
`
`61.
`
`Amkor is the assignee of all right, title and interest in and to the ’174 Patent.
`
`Defendants actively, knowingly, and intentionally induce infringement of the ’174
`
`Patent in violation of 35 U.S.C. § 271(b) by actively, knowingly, and intentionally inducing
`
`Defendants’ customers to make, use, offer for sale, import, and sell, in the United States,
`
`fingerprint sensors that are made by one or more processes claimed by the ’174 Patent and are
`
`incorporated into smartphones, thus directly infringing the ’174 Patent under 35 U.S.C. § 271(g).
`
`Defendants’ inducement of infringement under § 271(b) occurs with Defendants’ knowledge, at
`
`least as of the date of this suit, of the ’174 Patent and its claims; with Defendants’ knowledge
`
`that its customers directly infringe the claimed methods of the ’174 Patent under 35 U.S.C. §
`
`271(g); and with Defendants’ knowledge and specific intent to encourage and facilitate that
`
`direct infringement.
`
`62.
`
`Upon information and belief, Defendants are also liable for direct infringement
`
`under 35 U.S.C. § 271(g), on account of their using, offering for sale, importation, and sale, in
`
`the United States, of fingerprint sensors that are made by one or more processes claimed by the
`
`’174 Patent.
`
`63.
`
`Defendants have had knowledge of and actual notice of the ’174 Patent and their
`
`infringement since at least, and through, the filing and service of the Complaint, and despite this
`
`knowledge will, upon information and belief, continue to infringe the ’174 Patent.
`
`20
`
`IPR2016-00865
`Exhibit 2006-020
`
`

`
`Case 1:15-cv-00910-GMS Document 1 Filed 10/09/15 Page 21 of 29 PageID #: 21
`
`64.
`
`Defendants’ infringement has caused and is continuing to cause damage and
`
`irreparable injury to Amkor, and Amkor will continue to suffer such injury unless and until
`
`infringement is enjoined by this Court.
`
`65.
`
`Amkor is entitled to injunctive relief and damages pursuant to 35 U.S.C. §§ 271,
`
`281, 283 and 284.
`
`COUNT II
`Copyright Infringement—Wafer Level Fan Out
`(Against Validity and Synaptics)
`
`66.
`
`Amkor incorporates by reference the allegations contained in the preceding
`
`paragraphs as if fully set forth herein.
`
`67.
`
`Amkor is the author of its confidential and proprietary presentations of March
`
`2010 and September 2010 and of each figure contained therein, including but not limited to those
`
`figures it registered with the U.S. Copyright Office.
`
`68.
`
`Amkor is the owner of the copyright registrations for the works “Presentation of
`
`March 2010 Slide 2 Figure” and “Presentation of September 2010 Slide 8 Figure” (hereinafter
`
`“Amkor’s Copyrighted Figures”).
`
`69.
`
`Defendants had access to Amkor’s original works of authorship now registered as
`
`Amkor’s Copyrighted Figures.
`
`70.
`
`In violation of 17 U.S.C. § 106(2), Defendants created derivative works from
`
`Amkor’s original works of authorship, Amkor’s Copyrighted Figures, for use in the ’460 and
`
`’188 Applications, without authorization.
`
`71.
`
`In violation of 17 U.S.C. § 106(1), Defendants copied Amkor’s original works of
`
`authorship, Amkor’s Copyrighted Figures, into the ’460 and ’188 Applications without
`
`authorization.
`
`21
`
`IPR2016-00865
`Exhibit 2006-021
`
`

`
`Case 1:15-cv-00910-GMS Document 1 Filed 10/09/15 Page 22 of 29 PageID #: 22
`
`72.
`
`In violation of 17 U.S.C. § 106(5), Defendants distributed to the public, via the
`
`applications to the U.S. Patent and Trademark Office, Amkor’s original works of authorship, i.e.,
`
`Amkor’s Copyrighted Figures, without authorization.
`
`73.
`
`Amkor has been damaged by Defendants’ unauthorized creation of derivative
`
`works from Amkor’s Copyrighted Figures, unauthorized copying of Amkor’s Copyrighted
`
`Figures, and unauthorized distribution of Amkor’s Copyrighted Figures.
`
`74.
`
`As a result of the foregoing copyright infringement, Amkor is entitled to damages
`
`in an amount to be proven at trial.
`
`COUNT III
`Misappropriation of Trade Secrets—Wafer Level Fan Out
`(Against Validity and Synaptics)
`
`Amkor incorporates by reference the allegations contained in the preceding
`
`75.
`
`paragraphs as if fully set forth herein.
`
`76.
`
`Pursuant to the 2008 NDA, Validity had and has, among other things, the duty to
`
`not disclose Amkor’s confidential and proprietary information to third parties.
`
`77.
`
`Validity and Synaptics have misused and/or publicly disclosed information, which
`
`constitutes the trade secrets of Amkor, and which conduct constitutes misappropriation of trade
`
`secrets.
`
`78.
`
`As a result of Validity’s misconduct, Amkor is entitled to damages and an
`
`injunction against further use of Amkor information.
`
`COUNT IV
`Breach of Contract—Wafer Level Fan Out
`(Against Validity)
`
`79.
`
`Amkor incorporates by reference the allegations contained in the preceding
`
`paragraphs as if fully set forth herein.
`
`22
`
`IPR2016-00865
`Exhibit 2006-022
`
`

`
`Case 1:15-cv-00910-GMS Document 1 Filed 10/09/15 Page 23 of 29 PageID #: 23
`
`80.
`
`Pursuant to the 2008 NDA, Validity had the duty, among other things, not to
`
`disclose Amkor’s confidential information to third parties or use it for a purpose other than the
`
`parties’ work together.
`
`81.
`
`In violation of the terms of the 2008 NDA, Validity has publicly disclosed certain
`
`of Amkor’s confidential information and disclosed to Amkor’s competitor additional Amkor
`
`confidential information.
`
`82.
`
`As a result of Validity’s breach of the 2008 NDA, Amkor is entitled to damages
`
`and an injunction against further use of Amkor’s information.
`
`COUNT V
`Unfair Competition—Wafer Level Fan Out
`(Against Validity and Synaptics)
`
`83.
`
`Amkor incorporates by reference the allegations contained in the preceding
`
`paragraphs as if fully set forth herein.
`
`84.
`
`Amkor had a reasonable expectation of business relationships based on the
`
`technology it developed, including but not limited to the development of WLFO packaging with
`
`Validity, which has been interfered with through Validity’s claimed ownership of the
`
`technology.
`
`85.
`
`As a result of Validity’s misconduct, Amkor is entitled to da

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