Case 2:20-cv-00048-JRG Document 1 Filed 02/21/20 Page 1 of 110 PageID #: 1
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`
`BELL SEMICONDUCTOR, LLC,
`
`Plaintiff,
`
`v.
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`TEXAS INSTRUMENTS INCORPORATED,
`
`
`Defendants.
`
`
`Civil Action No. 2:20-cv-00048
`
`JURY TRIAL DEMANDED
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`
`
`BELL SEMICONDUCTOR, LLC’S
`COMPLAINT FOR PATENT INFRINGEMENT
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`Plaintiff Bell Semiconductor, LLC (“Bell Semic”) as and for its complaint against Texas
`
`Instruments Incorporated alleges as follows:
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`INTRODUCTION
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`1.
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`Bell Semic is a technology and intellectual property licensing company. Bell
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`Semic’s patent portfolio comprises over 1,900 worldwide patents and applications,
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`approximately 1,500 of which are active United States patents. This patent portfolio of
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`semiconductor-related inventions was developed over many years by some of the world’s
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`leading semiconductor technology innovators, including AT&T Bell Laboratories, Lucent
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`Technologies (Lucent), Agere Systems (Agere), LSI Logic and LSI Corporation (LSI). The
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`portfolio reflects expertise developed at the various R&D laboratories and manufacturing
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`locations of these companies around the world. The technology created, developed, and patented
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`at those companies underlies many important innovations in the development of semiconductors
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`and integrated circuits for high-tech products, including smartphones, computers, wearables,
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`digital signal processors, IoT devices, automobiles, broadband carrier access, switches, network
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`processors and wireless connectors.
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`COMPLAINT FOR PATENT INFRINGEMENT
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`1
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`2.
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`Bell Semic was formed in 2017 to manage this portfolio of semiconductor-related
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`intellectual property acquired from Broadcom and assigned to Bell Semic. Several Bell Semic
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`executives previously served as engineers and in leadership roles within the intellectual property
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`departments of Lucent, Agere, LSI, Avago Technologies (Avago), and Broadcom. As a result,
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`Bell Semic executives were personally involved in creating, patenting, and licensing various
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`aspects of the portfolio even before Broadcom assigned it to Bell Semic, including:
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` Bell Semic’s Chief Executive Officer and Board Member, Mr. John Veschi, served as
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`General Manager of the Intellectual Property business at LSI, had similar responsibilities at
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`Agere, and began his in-house intellectual property experience with the formation of
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`Lucent.
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` Bell Semic’s President and General Counsel, Mr. Chad Hilyard, served as Managing IP
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`Counsel and in other roles at LSI and Agere, where he was involved in licensing many of
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`the patents in the portfolio now assigned to Bell Semic;
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` Bell Semic’s Chief Technology Officer, Dr. Sailesh Merchant was a Fellow at Broadcom,
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`Avago, and LSI Corporation; a Distinguished Engineer at LSI Corporation; and a
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`Distinguished Member of the Technical Staff of Agere and Lucent. Dr. Merchant is also a
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`Senior Member of the IEEE and an inventor on more than 250 worldwide patents—
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`including many of the patents in Bell Semic’s portfolio—and three of the patents asserted
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`in this Complaint;
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` Bell Semic’s Senior Director for IP, Mr. Kouros Azimi, served as a Member of the
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`Technical Staff at AT&T Bell Labs, Lucent, and Agere; Director of Intellectual Property at
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`Avago/Broadcom, and a Patent Engineer and Director of Patent Development at
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`LSI/Avago Technologies.
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`COMPLAINT FOR PATENT INFRINGEMENT
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`3.
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`Defendant Texas Instruments Incorporated (“TI” or “Defendant”) has infringed
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`and continues to infringe Bell Semic’s patents by making, using, selling, offering for sale, and/or
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`importing products (including importing products made by a patented process) throughout the
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`United States, including within this District. TI’s customers incorporate those products into
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`downstream products that are made, used, sold, offered for sale, and/or imported throughout the
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`United States and within this District. Such downstream products include, but are not limited to,
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`power and display drivers for LCD and OLED displays, audio amplifiers and processors,
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`wireless products for the Internet-of-Things, mmWave sensors used in automotive and industrial
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`settings, digital signal processors, high-performance microcontrollers, and Digital Light
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`Projectors (DLP), among others. Examples of infringing TI devices used in such downstream
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`products include TI’s DRV2624 haptic motor driver for the Google Pixel 2; TI’s TPS65912
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`power management device used in the cutting-edge Magic Leap 1 headset; and TI’s
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`DLP3010AFQK 720p digital-mirror-device in Sunty’s SP-001 Digital Light Processor projector.
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`4.
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`Bell Semic has notified TI of its infringement in writing more than once—but TI
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`has never responded or acknowledged Bell Semic or its intellectual property. Instead, TI has
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`continued to infringe, and thus its infringement is and has been willful under the Patent Act.
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`NATURE OF THE CASE
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`5.
`
`This action arises under 35 U.S.C. § 271 for TI’s infringement of Bell Semic’s
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`United States Patent Nos. 8,049,340 (“the Hall 340 Patent”); 8,288,269 (“the Hall 269 Patent”);
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`7,566,964 (“the Kang Patent”); 6,281,129 (“the Merchant Patent”); 6,596,639 (“the Easter
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`Patent”); 6,879,046 (“the Gibson Patent”); 6,707,132 (“the Banerjee Patent”): 6,544,907 (“the
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`Ma Patent”); and 6,492,712 (“the Chen Patent”) (collectively, Bell Semic’s “Asserted Patents”).
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`COMPLAINT FOR PATENT INFRINGEMENT
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`PARTIES
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`6.
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`Bell Semiconductor, LLC is a Delaware limited liability company with a place of
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`business at One West Broad Street, Suite 901, Bethlehem, PA 18018.
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`7.
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`On information and belief, TI is a corporation organized under the laws of
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`Delaware, with a principal place of business at 12500 TI Boulevard, Dallas, TX 75243. TI may
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`be served with process through its registered agent CT Corporation System, 1999 Bryan Street,
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`Suite 900, Dallas, TX 75201.
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`8.
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`TI is a global semiconductor company that designs, manufactures, and provides to
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`the United States and other markets a wide variety of semiconductors, including a wide array of
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`analog and embedded semiconductor products.
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`JURISDICTION AND VENUE
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`9.
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`This action arises under the patent laws of the United States, Title 35 of the
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`United States Code. Accordingly, this Court has subject matter jurisdiction under 28 U.S.C.
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`§§ 1331 and 1338(a).
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`10.
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`This Court has general personal jurisdiction over TI at least because TI is a
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`resident of Texas as defined by Texas law. TI is also subject to this Court’s specific and general
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`personal jurisdiction because TI has sufficient minimum contacts within the State of Texas and
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`this District, pursuant to due process and/or the Texas Long Arm Statute. TI is headquartered in
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`the State of Texas, and TI has conducted and continues to regularly conduct business within the
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`State of Texas. TI is registered to do business within the State of Texas and maintains an agent
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`for service of process in Texas. TI has purposefully and voluntarily availed itself of the
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`privileges of conducting business in the United States, in the State of Texas, and in the Eastern
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`District of Texas by continuously and systematically placing goods into the stream of commerce
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`through an established distribution channel with the expectation that they will be purchased by
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`COMPLAINT FOR PATENT INFRINGEMENT
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`consumers in the United States and in the Eastern District of Texas. TI directly and/or through
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`intermediaries (including distributors, sales agents, and others), ships, distributes, offers for sale,
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`sells, advertises, and/or uses its products (including, but not limited to, the products that are
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`accused of patent infringement in this lawsuit) in the United States, the State of Texas, and the
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`Eastern District of Texas.
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`11.
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`TI has derived substantial revenues from its infringing acts occurring within the
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`United States, the State of Texas and within this District.
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`12.
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`Venue is proper as to TI under 28 U.S.C. § 1400(b) because it has committed acts
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`of infringement in this District and has regular and established places of business within this
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`District. TC Heartland LLC v. Kraft Foods Grp. Brands LLC, 137 S. Ct. 1514, 1521 (2017).
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`Specifically, TI maintains a 300-millimeter semiconductor production facility at 300 West
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`Renner Road, Richardson, Texas 75080, and a 150-millimeter semiconductor production facility
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`at 6412 US-75, Sherman, Texas 75090.
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`13.
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`TI has not disputed this District’s personal jurisdiction over it in other recent
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`patent infringement actions, nor has TI disputed that venue is proper as to it in the Eastern
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`District of Texas. See, e.g., Answer [ECF 14] at ¶¶ 8 & 13, Phenix Longhorn, LLC v. Texas
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`Instruments, Inc., No. 2:18-cv-00020-RWS (E.D. Tex. Jan. 22, 2018); Answer [ECF 23] at ¶¶ 6
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`& 7, Complex Memory, LLC v. Texas Instruments, Inc. et al., No. 2:17-cv-00699-JRG (E.D. Tex.
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`Oct. 13, 2017).
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`14.
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`TI has committed acts of infringement in this District giving rise to this action and
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`does business in this District, including making sales and/or providing service and support for its
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`respective customers in this District. TI purposefully and voluntarily sold one or more of the
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`infringing products with the expectation that they would be purchased by consumers in this
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`COMPLAINT FOR PATENT INFRINGEMENT
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`District. These infringing products have been and continue to be purchased by consumers in this
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`District. TI has committed acts of patent infringement within the United States, the State of
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`Texas, and the Eastern District of Texas.
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`BELL SEMIC’S ASSERTED PATENTS
`A. U.S. Patent No. 8,049,340 (Hall 340 Patent)
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`15.
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`Bell Semic is the owner by assignment of U.S. Patent No. 8,049,340 (“the Hall
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`340 Patent”), owns all right, title, and interest in the Hall 340 Patent; and holds the right to sue
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`and recover damages for infringement thereof, including past infringement. The Hall 340 Patent
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`is entitled “Device for Avoiding Parasitic Capacitance in an Integrated Circuit Package.” A true
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`and correct copy of the Hall 340 Patent is attached as Exhibit A.
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`16.
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`The inventors of the Hall 340 Patent are Jeffrey Hall, Shawn Nikoukary, Amar
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`Amin, and Michael Jenkins.
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`17.
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`The application for the Hall 340 Patent was filed on March 22, 2006, and it duly
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`and properly issued as a patent on November 1, 2011.
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`B. U.S. Patent No. 8,288,269 (Hall 269 Patent)
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`18.
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`Bell Semic is the owner by assignment of U.S. Patent No. 8,288,269 (“the Hall
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`269 Patent”), owns all right, title, and interest in the Hall 269 Patent; and holds the right to sue
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`and recover damages for infringement thereof, including past infringement. The Hall 269 Patent
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`is entitled “Methods for Avoiding Parasitic Capacitance in an Integrated Circuit Package.” The
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`Hall 269 Patent issued on October 16, 2012. A true and correct copy of the Hall 269 Patent is
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`attached as Exhibit B.
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`19.
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`The inventors of the Hall 269 Patent are Jeffrey Hall, Shawn Nikoukary, Amar
`
`Amin, and Michael Jenkins.
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`20.
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`The application for the Hall 269 Patent was filed on October 4, 2011, and claims
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`priority to the application leading to the Hall 340 Patent, which was filed on March 22, 2006.
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`The Hall 269 Patent issued as a patent on October 16, 2012.
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`C. U.S. Patent No. 7,566,964 (Kang Patent)
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`21.
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`Bell Semic is the owner by assignment of U.S. Patent No. 7,566,964 (“the Kang
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`Patent”), owns all right, title, and interest in the Kang Patent; and holds the right to sue and
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`recover damages for infringement thereof, including past infringement. The Kang Patent is
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`entitled “Aluminum Pad Power Bus and Signal Routing for Integrated Circuit Devices Utilizing
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`Copper Technology Interconnect Structures.” A true and correct copy of the Kang Patent is
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`attached as Exhibit C.
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`22.
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`The inventors of the Kang Patent are Seung H. Kang, Roland P. Krebs, Kurt
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`George Steiner, Michael C. Ayukawa, and Dr. Merchant.
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`23.
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`The application for the Kang Patent was filed on September 30, 2003, and it
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`claims priority to Provisional Application No. 60/462,504, filed on April 10, 2003. The Kang
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`Patent issued as a patent on July 28, 2009.
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`24.
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`As of February 2020, the Kang Patent’s disclosure has been cited as pertinent
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`prior art by a USPTO examiner or an applicant during the prosecution of at least 14 patents and
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`published applications filed by leading technology companies such as Texas Instruments, IBM,
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`Apple, GlobalFoundries, and Taiwan Semiconductor Manufacturing Co.
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`D. U.S. Patent No. 6,281,129 (Merchant Patent)
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`25.
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`Bell Semic is the owner by assignment of U.S. Patent No. 6,281,129 (the
`
`“Merchant Patent”), owns all right, title, and interest in the Merchant Patent; and holds the right
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`to sue and recover damages for infringement thereof, including past infringement. The Merchant
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`Patent is entitled “Corrosion-Resistant Polishing Pad Conditioner.” A true and correct copy of
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`the Merchant Patent is attached as Exhibit D.
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`26.
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`The inventors of the Merchant Patent are Dr. Merchant, William G. Easter, and
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`John A. Maze.
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`27.
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`The application for the Merchant Patent was filed on September 20, 1999, and it
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`issued as a patent on August 28, 2001.
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`28.
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`As of February 2020, the Merchant Patent has been cited as pertinent prior art by
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`a USPTO examiner or an applicant during the prosecution of at least 22 patents and published
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`applications.
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`E. U.S. Patent No. 6,596,639 (Easter Patent)
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`29.
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`Bell Semic is the owner by assignment of U.S. Patent No. 6,596,639 (the “Easter
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`Patent”), owns all right, title, and interest in the Easter Patent; and holds the right to sue and
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`recover damages for infringement thereof, including past infringement. The Easter Patent is
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`entitled “Method for Chemical/Mechanical Planarization of a Semiconductor Wafer Having
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`Dissimilar Metal Pattern Densities.” A true and correct copy of the Easter Patent is attached as
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`Exhibit E.
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`30.
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`The inventors of the Easter Patent are William G. Easter, Sudhanshu Misra, and
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`Vivek Saxena.
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`31.
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`The application for the Easter Patent was filed on October 8, 1999, and it issued
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`as a patent on July 22, 2003.
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`32.
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`As of February 2020, the Easter Patent has been cited as pertinent prior art by a
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`USPTO examiner or an applicant during the prosecution of at least 8 patents and published
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`applications filed by leading technology companies such as IBM, STMicroelectronics, Intel, and
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`Micron Technology.
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`COMPLAINT FOR PATENT INFRINGEMENT
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`F. U.S. Patent No. 6,879,046 (Gibson Patent)
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`33.
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`Bell Semic is the owner by assignment of U.S. Patent No. 6,879,046 (the “Gibson
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`Patent”), owns all right, title, and interest in the Gibson Patent; and holds the right to sue and
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`recover damages for infringement thereof, including past infringement. The Gibson Patent is
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`entitled “Split Barrier Layer Including Nitrogen-Containing Portion and Oxygen-Containing
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`Portion.” A true and correct copy of the Gibson Patent is attached as Exhibit F.
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`34.
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`The inventors of the Gibson patent are Gerald W. Gibson, Jr., Scott Jessen, Steven
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`Alan Lytle, Kurt George Steiner, and Susan Clay Vitkavage.
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`35.
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`The application for the Gibson Patent was filed on January 2, 2002, and it claims
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`priority to Provisional Application No. 60/301,295, filed on June 28, 2001. The Gibson Patent
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`issued on April 12, 2005.
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`36.
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`As of February 2020, the Gibson Patent has been cited as pertinent prior art by a
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`USPTO examiner or an applicant during the prosecution of at least 54 patents and published
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`applications—including during the prosecution of patent applications filed by leading technology
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`companies such as Texas Instruments, Taiwan Semiconductor Manufacturing Co., Micron
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`Technology, Intel, and Panasonic Corp.
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`G. U.S. Patent No. 6,707,132 (Banerjee Patent)
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`37.
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`Bell Semic is the owner by assignment of U.S. Patent No. 6,707,132 (the
`
`“Banerjee Patent”), owns all right, title, and interest in the Banerjee Patent; and holds the right to
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`sue and recover damages for infringement thereof, including past infringement. The Banerjee
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`Patent is entitled “High Performance Si-Ge Device Module with CMOS Technology.” A true
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`and correct copy of the Banerjee Patent is attached as Exhibit G.
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`38.
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`The inventors of the Banerjee patent are Robi Banerjee, Derryl J. Allman, and
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`David T. Price.
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`COMPLAINT FOR PATENT INFRINGEMENT
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`39.
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`The application for the Banerjee Patent was filed on November 5, 2002, and it
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`issued as a patent on March 16, 2004.
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`40.
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`As of February 2020, the Banerjee Patent has been cited as pertinent prior art by a
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`USPTO examiner or an applicant during the prosecution of at least 7 patents and published
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`applications filed by leading technology companies such as Texas Instruments, Taiwan
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`Semiconductor Manufacturing Co., IBM, and National Semiconductor Corp.
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`H. U.S. Patent No. 6,544,907 (Ma Patent)
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`41.
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`Bell Semic is the owner by assignment of U.S. Patent No. 6,544,907 (the “Ma
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`Patent”), owns all right, title, and interest in the Ma Patent; and holds the right to sue and recover
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`damages for infringement thereof, including past infringement. The Ma Patent is entitled
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`“Method of Forming a High Quality Gate Oxide Layer Having a Uniform Thickness.” A true and
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`correct copy of the Ma Patent is attached as Exhibit H.
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`42.
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`43.
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`The inventors of the Ma patent are Yi Ma and Edith Yang.
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`The application for the Ma Patent was filed on October 12, 2000, and it issued as
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`a patent on April 8, 2003.
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`I. U.S. Patent No. 6,492,712 (Chen Patent)
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`44.
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`Bell Semic is the owner by assignment of U.S. Patent No. 6,492,712 (the “Chen
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`Patent”), owns all right, title, and interest in the Chen Patent; and holds the right to sue and
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`recover damages for infringement thereof, including past infringement. The Chen Patent is
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`entitled “High Quality Oxide for Use in Integrated Circuits.” A true and correct copy of the Chen
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`Patent is attached as Exhibit I.
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`45.
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`The inventors of the Chen patent are Yuanning Chen, Sundar Srinivasan Chetlur,
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`Dr. Merchant, and Pradip Kumar Roy.
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`COMPLAINT FOR PATENT INFRINGEMENT
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`46.
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`The application for the Chen Patent was filed on June 20, 2000, and it claims
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`priority to Provisional Application No. 60/140,909, filed on June 24, 1999. The Chen Patent
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`issued on December 10, 2002.
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`47.
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`As of February 2020, the Chen Patent has been cited as pertinent prior art by a
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`USPTO examiner or an applicant during the prosecution of at least 7 patents and published
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`applications filed by leading technology companies such as Toshiba, Fujitsu, and Sanyo Electric.
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`FACTUAL BACKGROUND
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`48.
`
`49.
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`Bell Semic incorporates the preceding paragraphs as if fully set forth herein.
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`On June 1, 2002, Lucent, having its roots with Bell Laboratories and AT&T
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`Corporation, spun off its microelectronics business as Agere. Agere later merged with LSI Logic
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`forming LSI Corporation in 2007, which was in turn acquired by Avago in 2014. In 2016, Avago
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`purchased Broadcom and assumed its name to become the current Broadcom Inc. In 2017,
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`Broadcom assigned a patent portfolio containing over 1,900 worldwide patents and applications,
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`approximately 1,500 of which are active U.S. patents, to Bell Semic that included patents
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`originally assigned or issued to Bell Labs, Lucent, Agere, LSI Logic, and LSI.
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`50.
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`Portions of the Bell Semic portfolio are presently licensed and/or were previously
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`licensed to leading technology companies by Bell Semic senior executives while they were
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`working at Lucent, Agere, LSI, Avago, and/or Broadcom. (See supra ¶ 2.) Portions of the Bell
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`Semic portfolio were also invented and co-invented by other Bell Semic senior executives while
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`they were working at Lucent, Agere, LSI, Avago, and/or Broadcom. (Id.)
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`51.
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`Bell Semic’s Asserted Patents arise out of the research, conception, creation, and
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`design of innovative technology developed by leading high-technology companies, including
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`LSI Logic, Agere, and LSI Corporation. Prior to their ultimate acquisition by Avago (now
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`Broadcom), those companies were pioneers of innovative semiconductor technology—and made
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`substantial investments into researching, inventing, creating, and manufacturing cutting-edge
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`semiconductor technology. Bell Semic’s Asserted Patents are directed to this inventive
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`technology relating to semiconductors, integrated circuits and related products.
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`52.
`
`TI infringes and has infringed by making, selling, offering to sell, using, and/or
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`importing products (including importing products made by a patented process) throughout the
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`United States. Moreover, TI works closely with its customers, foundry suppliers, distributors,
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`OEMs, or other third parties to make, use, sell, offer to sell, and/or import semiconductor
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`devices, integrated circuits, and related products. TI tailors its manufacturing process for its
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`customers and designs its products to be integrated into downstream products. In addition to its
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`own manufacturing, TI’s affirmative acts in furtherance of the manufacture, use, sale, offer to
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`sell, and importation of its products in and/or into the United States by itself and others further
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`include, without limitation, any one or a combination of: (i) designing specifications for
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`manufacture of TI’s products; (ii) collaborating on, encouraging, and/or funding the development
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`of processes for the manufacture of TI’s products; (iii) soliciting and/or sourcing the manufacture
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`of TI’s products; (iv) licensing, developing, and/or transferring technology and know-how to
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`enable the manufacture of their products; (v) enabling and encouraging the use, sale, or
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`importation of their products in the United States; and (vi) advertising its products and/or
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`downstream products incorporating them in the United States.
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`53.
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`TI provides marketing and/or technical support services for its products from its
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`facilities in the United States. For example, TI maintains a website that advertises its products,
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`including identifying the applications for which they can be used and providing specifications for
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`their products. (See, e.g., http://www.ti.com/.) TI’s publicly-available website also contains user
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`manuals, product documentation, and other materials related to its products. (Id.) For example,
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`TI’s website contains over 4,000 reference designs (http://www.ti.com/reference-
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`designs/index.html), spanning automotive, communication equipment, enterprise systems,
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`industrial, and personal electronics markets; complimentary design review services such as
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`selection tools, calculators, simulation tools, and model libraries that aid the entire design
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`process (http://www.ti.com/design-resources/design-tools-simulation.html); hardware, software,
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`and development tools to accelerate its customer’s time to market (http://www.ti.com/design-
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`resources/embedded-development.html); and robust customer support through TI’s E2E support
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`forums, which is an “engineer’s go-to source for help throughout every step of the design
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`process” (https://e2e.ti.com/).
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`54.
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`In addition to these resources, TI also provides numerous support resources for
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`the customers of its semiconductor devices in addition to user manuals and datasheets, including
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`live training and video tutorials to help customers “design and develop with TI products, tools,
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`software[,] and applications” (https://training.ti.com/). This training includes: “TI Precisions
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`Labs,” which is video curriculum spanning analog signal chain products events
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`(https://training.ti.com/ti-precision-labs-overview); “Tech Days,” which are free, technical
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`seminars and interactive demonstrations showcasing TI products (https://training.ti.com/tech-
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`days); power supply design seminars (http://www.ti.com/ww/en/power-
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`training/login.shtml?DCMP=pwr-psds-archive&HQS=pwr-psds-archive-psds), and access to
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`design journals (http://www.ti.com/analog-circuit/analog-design-journal.html), technical
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`documents (http://www.ti.com/technical-documents/techdoc?siloId=1), and articles
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`(https://e2e.ti.com/blogs_/), covering TI technology and products. Moreover, TI supports a
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`“Third-Party Network,” which is “a worldwide community of respected, well-established
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`companies offering products and services that complement” TI’s semiconductor device
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`COMPLAINT FOR PATENT INFRINGEMENT
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`Case 2:20-cv-00048-JRG Document 1 Filed 02/21/20 Page 14 of 110 PageID #: 14
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`solutions, including a broad range of reference designs, turnkey products and services, system
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`modules, embedded software, engineering services, and development tools that help its
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`customers accelerate development efforts and reduce time-to-market (http://www.ti.com/design-
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`resources/third-party-network.html).
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`
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`TI’S PRE-SUIT KNOWLEDGE OF ITS INFRINGEMENT FROM BELL SEMIC
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`55.
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`Before filing this lawsuit, Bell Semic notified TI that Broadcom has assigned to
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`Bell Semic a large portfolio of semiconductor patents, identified TI Technology Nodes that
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`infringe Bell Semic’s Asserted Patents, further identified exemplary products from those
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`Technology Nodes that infringe the Asserted Patents, and offered to license those patents to TI.
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`56.
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`Specifically, on March 25, 2019, Mr. Hilyard, sent a letter to TI’s headquarters
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`addressed to Mr. Larry J. Bassuk (TI’s Deputy General Patent Counsel) to inform TI that Bell
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`Semic “acquired the semiconductor-related patent assets previously owned by Agere Systems
`
`Inc. and LSI Corporation. This portfolio comprises patents originating from Bell Labs, Lucent
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`Technologies, as well as patents originally assigned to Agere, LSI and Avago Corporation. The
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`portfolio reflects expertise and inventions developed at various R&D labs and manufacturing
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`facilities associated with these companies around the world . . . The patent portfolio comprises
`
`over 1,900 worldwide patents and applications, approximately 1,500 of which are in force in the
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`United States Patents. By way of background, I was previously part of the Lucent/Agere/LSI
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`licensing team and am joined by other former members of that licensing team. Accordingly, we
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`are very familiar with this pioneering patent portfolio and have licensed this portfolio to many of
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`the world’s leading semiconductor companies. We have been acquiring products and conducting
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`reverse engineering to establish manufacturers’ use of exemplary patents in the portfolio. Our
`
`COMPLAINT FOR PATENT INFRINGEMENT
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`14
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`Case 2:20-cv-00048-JRG Document 1 Filed 02/21/20 Page 15 of 110 PageID #: 15
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`preliminary analysis reveals that TI is currently making, using, selling, or offering for sale
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`products that infringe one or more of Bell Semic’s patents.”
`
`57.
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`Bell Semic’s March 25, 2019 letter to TI also invited TI to engage in a dialogue
`
`and offered to answer any TI questions, and offered to meet on a date, time, and location of TI’s
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`choosing—all in an effort to attempt to reach a license agreement: “We would like to have a
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`near-term dialogue with TI, with the goal of answering any questions you may have about the
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`portfolio, providing more details about the portfolio’s contents as well as providing specific
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`claim charts demonstrating how your products read on exemplary patents. The goal of course is
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`to come to an amicable, mutually beneficial licensing agreement between us for the portfolio. To
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`that end, please propose some dates and times when your team is available for a meeting. We are
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`happy to meet with you at a location of your choice. If you would like to chat telephonically
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`regarding logistics, or about any other matter, please feel free to call me directly at the number
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`listed above. I look forward to your reply and thank you in advance for your prompt attention to
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`these matters.”
`
`58.
`
`59.
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`TI never responded to Bell Semic’s March 25, 2019 Notice Letter.
`
`On August 30, 2019, Bell Semic’s Mr. Hilyard again wrote to TI’s Deputy
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`General Patent Counsel, and copied TI’s Senior Vice President, Secretary, and General Counsel,
`
`Ms. Cynthia Hoff Trochu, to follow-up on Bell Semic’s March 25, 2019 letter, and invited TI to
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`enter into a license agreement: “I am writing to follow up on my letter of March 25, 2019. As we
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`noted previously, Bell Semiconductor, LLC (“Bell Semic”) acquired the semiconductor-related
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`patent assets previously owned by Agere Systems Inc. and LSI Corporation as well as patents
`
`originally assigned to Avago Corporation. We would like to engage with you to discuss a license
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`agreement to this portfolio that will continue for a period of between five and ten years.”
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`COMPLAINT FOR PATENT INFRINGEMENT
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`15
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`Case 2:20-cv-00048-JRG Document 1 Filed 02/21/20 Page 16 of 110 PageID #: 16
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`60.
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`Bell Semic’s August 30, 2019 letter also identified specific Bell Semic patents
`
`that TI infringes—and identified the TI Technology Nodes that infringe those patents, and
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`exemplary infringing products from TI’s infringing Technology Nodes: “Over the last several
`
`months, we have been acquiring products manufactured by Texas Instruments and conducting
`
`reverse engineering to establish Texas Instruments’ use of Bell Semiconductor’s patented
`
`technology. Our recent analysis of Texas Instruments products evidences that Texas Instruments
`
`is currently making, using, selling, or offering for sale products that infringe one or more of Bell
`
`Semic’s patents. The table in the attached Exhibit A below shows products Bell Semic has
`
`recently reverse engineered, and exemplary patents those products and processing nodes
`
`infringe.”
`
`61.
`
`Exhibit A to Bell Semic’s August 30, 2019 letter put TI on notice of TI’s
`
`infringing Technology Nodes and exemplary infringing products from those Nodes, including
`
`the Merchant, Easter, Hall 340, and Hall 269 Asserted Patents as follows:
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`
`
`16
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`Case 2:20-cv-00048-JRG Document 1 Filed 02/21/20 Page 17 of 110 PageID #: 17
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`62.
`
`Bell Semic’s August 30, 3019 letter reminded TI of its responsibilities under the
`
`Patent Act, attached a draft NDA to facilitate open and honest discussions, and once again
`
`offered to meet with TI on a date, time, and location of TI’s choosing: “As I am sure you are
`
`aware, Texas Instruments has an affirmative responsibility to ensure that it has secured all
`
`necessary patent rights to manufacture and sell the products listed below, as well as others that
`
`might be infringing Bell Semic’s intellectual property. . . We would like to propose having a
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`near-term dialogue with Texas Instruments with the goal of providing more details about our
`
`licensing program and the patent portfolio (including providing specific claim charts), answering
`
`any questions you may have, and reaching an agreement on a path forward to put in place a new
`
`license agreement covering this semiconductor patent portfolio. To that end, please propose
`
`some dates and times when your team is available for a meeting. We are happy to meet with you
`
`at a location of your choice.”
`
`63.
`
`64.
`
`TI never responded to Bell Semic’s August 30, 2019 Notice Letter.
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`On January 10, 2020, Mr. Veschi wrote to TI’s Deputy General Patent Counsel to
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`follow up on Mr. Hilyard’s August 30, 2019 letter and provided an update on Bell Semic’s
`
`reverse