Case 4:20-cv-00991 Document 1 Filed 12/31/20 Page 1 of 68 PageID #: 1
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`SHERMAN DIVISION
`
`
`OCEAN SEMICONDUCTOR LLC,
`
`
`Plaintiff,
`
`v.
`
`HUAWEI DEVICE USA, INC., HUAWEI
`DEVICE CO., LTD., AND HISILICON
`TECHNOLOGIES CO., LTD.,
`
`
`
`
`Defendants.
`
`
`
`Civil Action No. 4:20-cv-991
`
`DEMAND FOR JURY TRIAL
`
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`Plaintiff Ocean Semiconductor LLC (“Ocean Semiconductor” or “Plaintiff”) hereby
`
`alleges for its Complaint for patent infringement against Defendants Huawei Device USA Inc.
`
`(“Huawei USA”), Huawei Device Co., Ltd. (“Huawei Device”), and HiSilicon Technologies Co.,
`
`Ltd. (“HiSilicon”) (collectively “Huawei” or “Defendant”) on personal knowledge as to its own
`
`actions and on information and belief as to the actions of others, as follows:
`
`NATURE OF THE ACTION
`
`1.
`
`This is an action for patent infringement arising under the Patent Laws of the
`
`United States, 35 U.S.C. § 1 et seq.
`
`THE PARTIES
`
`2.
`
`Plaintiff Ocean Semiconductor is a limited liability company organized and
`
`existing under the laws of the State of Delaware, with its principal place of business at 717 N.
`
`Union Street, Wilmington, DE 19805.
`
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`

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`Case 4:20-cv-00991 Document 1 Filed 12/31/20 Page 2 of 68 PageID #: 2
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`3.
`
`On information and belief, Defendant Huawei USA is a Texas corporation with
`
`its principal place of business in Plano, Texas. Huawei USA distributes, markets, and sells
`
`mobile devices, including smartphones in the United States. Upon information and belief,
`
`Defendant Huawei USA is authorized to do business in Texas and has a North American
`
`Headquarters located at 5700 Tennyson Parkway, Suite 300, Plano, Texas 75024. Huawei USA
`
`may be served through its registered agent CT Corporation System, 1999 Bryan Street, Suite
`
`900, Dallas, Texas 75201.
`
`4.
`
`Defendant Huawei Device is a Chinese company with a principal place of
`
`business at 8 Shitou Road, North Area, Shenzhen, 518129, China. Huawei Device is involved in
`
`the design, development, manufacture, sale, and importation of the Accused Products. Huawei
`
`Device is a wholly-owned subsidiary of Huawei Device (Shenzhen) Co., Ltd.
`
`5.
`
`Defendant HiSilicon is a Chinese company with its principal place of business in
`
`Bantian, Longgang District, Shenzhen, 518129, People’s Republic of China. On information and
`
`belief, HiSilicon is a wholly owned subsidiary of Huawei Technologies Co. Ltd.
`
`6.
`
`Plaintiff Ocean Semiconductor is the assignee and owner of the patents at issue in
`
`this action: U.S. Patents Nos. 6,660,651, 6,907,305, 6,725,402, 6,968,248, 7,080,330, 6,836,691,
`
`and 8,676,538 (collectively, the “Asserted Patents”). Ocean Semiconductor holds all substantial
`
`rights, title, and interest in the Asserted Patents, including the exclusive right to sue Huawei for
`
`infringement and recover damages, including damages for past infringement.
`
`7.
`
`Plaintiff Ocean Semiconductor seeks monetary damages and prejudgment interest
`
`for Defendant’s past and ongoing direct and indirect infringement of the Asserted Patents.
`
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`

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`Case 4:20-cv-00991 Document 1 Filed 12/31/20 Page 3 of 68 PageID #: 3
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`8.
`
`Defendant Huawei is a semiconductor company that designs, develops, sells,
`
`offers to sell, and imports into the United States semiconductor products in the communications,
`
`internet of things, automotive, computer, and consumer electronics industry.
`
`9.
`
`Defendant Huawei, with a regular and established place of business in Plano,
`
`Texas, contracts with third-party semiconductor fabricators or foundries (“Huawei Foundry
`
`Partners”) that own, operate, or control semiconductor fabrication plants (“fabs”) within and/or
`
`outside of the United States (“International Facilities”) to produce the Accused Products. One
`
`such Huawei Foundry Partner is Taiwan Semiconductor Manufacturing Company Ltd.
`
`(“TSMC”). TSMC has a contractual partnership with Huawei to design, develop, or manufacture
`
`semiconductor products including integrated circuits for Huawei. See, e.g. “TSMC may speed
`
`Huawei chips supply,” available at https://www.globaltimes.cn/content/1191071.shtml (last
`
`visited Oct. 12, 2020); see also “"TSMC gets license allowing it to ship chips to Huawei;
`
`however, there is a major caveat,” available at https://www.phonearena.com/news/tsmc-gets-
`
`license-allowing-it-to-ship-to-huawei_id127714 (last visited Oct. 12, 2020); “Huawei Report,”
`
`available at https://huaweireport.com/5g-phone-balong-5000-chips/ (last visited Oct. 12, 2020).
`
`10.
`
`On information and belief, Defendant Huawei (directly or through one or more of
`
`its Foundry Partners such as TSMC) has a contractual relationship with Applied Materials, Inc.
`
`(“Applied Materials”) (see Applied Materials’ job posting for “TSMC F15 E3 project,” available
`
`at
`
`http://www.mse.ntu.edu.tw/attachments/article/154/AMT_Summer%20Student%20Program_Job
`
`%20Post_2013.pdf (last accessed October 12, 2020) and PDF Solutions Inc. (“PDF Solutions”)
`
`(e.g., “Taiwan Semiconductor Manufacturing Company adopts PDF Solutions yield
`
`improvement technology,” available at https://www.edn.com/taiwan-semiconductor-
`
`- 3 -
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`

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`Case 4:20-cv-00991 Document 1 Filed 12/31/20 Page 4 of 68 PageID #: 4
`
`manufacturing-company-adopts-pdf-solutions-yield-improvement-technology/ (last accessed
`
`Oct. 12, 2020); see also “Exensio: Big Data in the Fab,” available at
`
`https://semiwiki.com/eda/4351-exensio-big-data-in-the-fab/ (last accessed Oct. 12, 2020)), and
`
`directly or through one or more of the Huawei Foundry Partners (e.g., TSMC) employs Applied
`
`Materials’ semiconductor fabrication or manufacturing equipment, platforms, and/or framework,
`
`including Applied Materials’ E3 system, including the E3 factory advanced/automation process
`
`control (“APC”) hardware and/or software (collectively, “E3 system”), PDF Solutions’ Exensio
`
`hardware and/or software (collectively, “Exensio system”), and/or other in-house or third-party
`
`advanced/automation process control system and platform hardware and/or software (e.g., with
`
`similar technical and functional features) to design, develop, and/or manufacture Defendant
`
`Huawei’s semiconductor devices, including integrated circuits.
`
`11.
`
`Upon information and belief, TSMC employs Applied Materials’ and/or PDF
`
`Solutions’ semiconductor fabrication or manufacturing equipment, platforms, and/or framework
`
`(e.g., Applied Materials’ E3 system and/or PDF Solutions’ Exensio system) at its manufacturing
`
`facilities. Applied Materials has received supplier awards and recognition from TSMC. See,
`
`e.g., “TSMC Recognizes Outstanding Suppliers at Supply Chain Management Forum,” available
`
`at https://pr.tsmc.com/english/news/1873 (last accessed October 12, 2020). On information and
`
`belief, TSMC also employs PDF Solutions’ Exensio system at TSMC’s manufacturing facilities.
`
`12.
`
`On information and belief, Defendant Huawei (directly or through its Huawei
`
`Foundry Partners such as TSMC) employs Applied Materials’ E3 system and/or PDF Solutions’
`
`Exensio system to develop or manufacture one or more systems, products, and/or devices for
`
`importation into the United States for use, sale, and/or offer for sale in this District and
`
`throughout the United States, including, but not limited to, semiconductor products and devices,
`
`- 4 -
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`

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`Case 4:20-cv-00991 Document 1 Filed 12/31/20 Page 5 of 68 PageID #: 5
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`such as SoC chipsets and solutions (e.g., Hi3559A V100, Hi3519A V100, Hi3516D V300,
`
`Hi3556A V100, Hi3559 V200, Hi3559A V100, Hi3559C V100, Hi3559 V100, Hi3716M V430,
`
`Hi3716M V430, Hi3798C V200, Hi3798M V200H, Hi3798M V300, Hi3798M V310, Hi3796M
`
`V200, Hi3798M V200, Hi3796M V100, Hi3798M V100, Hi3716M V420, Hi3716M V410, and
`
`Hi3751 V553), processors (e.g., Hi3536, Hi3536C, Hi3536D V100, Hi3531D V100, Hi3521D
`
`V100, Hi3520D V400, Hi3520D V300, and Hi3520D V200), TV solutions (e.g., Hi3731 V201,
`
`Hi3731 V101, Hi3751 V811, HI3751 V810, Hi3751 V551, Hi3751 V730, Hi3751 V620, Hi3751
`
`V510, Hi3751 V310, Hi3751 V320, and Hi3751 V600), Kirin solutions (e.g., Kirin 9000/E,
`
`Kirin 1020, Kirin 990, Kirin 980, Kirin 970, Kirin 960, Kirin 950, Kirin 930, Kirin 920, Kirin
`
`910, and Kirin 710); Ascend solutions (e.g., Ascend 310 and Ascend 910); Kunpeng solutions
`
`(e.g., Kunpeng 920); and Balong solutions (e.g., Balong 5000, Balong 5G01, Balong 765,
`
`Balong 750, Balong 720, Balong 710, and Balong 700), systems, products, or devices containing
`
`these solutions, and similar systems, products, devices, and integrated circuits (“Huawei APC
`
`Products”).
`
`13.
`
`On information and belief, Defendant Huawei (directly or through its Huawei
`
`Foundry Partners such as TSMC) uses Applied Materials’ E3 system and/or PDF Solutions’
`
`Exensio system to design, develop, or manufacture the Huawei APC Products for importation
`
`into the United States for use, sale, and/or offer for sale in this district and throughout the United
`
`States.
`
`14.
`
`On information and belief, Defendant Huawei, directly and/or through one or
`
`more of the Huawei Foundry Partners (e.g., TSMC), employs camLine’s semiconductor
`
`fabrication or manufacturing solutions, including camLine’s LineWorks production automation
`
`solution (e.g., LineWorks eCap and LineWorks PULSE modules) (collectively, “LineWorks
`
`- 5 -
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`

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`Case 4:20-cv-00991 Document 1 Filed 12/31/20 Page 6 of 68 PageID #: 6
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`system”) and/or other similar proprietary or third-party scheduling and dispatching platform
`
`hardware and/or software (e.g., with similar technical and functional features) to design, develop,
`
`and/or manufacture Defendant Huawei’s semiconductor devices, including integrated circuits.
`
`See, e.g., “Agile and Intelligent Operations,” available at
`
`https://www.tsmc.com/english/dedicatedFoundry/manufacturing/intelligent_operations.htm (last
`
`accessed Oct. 12, 2020); see also “Manufacturing Excellence,” available at
`
`https://www.tsmc.com/download/ir/annualReports/2012/english/e_5_3.html (last accessed Oct.
`
`12, 2020).
`
`15.
`
`Upon information and belief, TSMC employs camLine’s LineWorks system at
`
`TSMC’s manufacturing facilities. See, e.g., “LineWorks Product,” available at https://www.all-
`
`electronics.de/wp-
`
`content/uploads/migrated/document/97654/infodirectccamlineproductcatalog.pdf (last accessed
`
`Oct. 12, 2020) (“Customers … > TSMC”).
`
`16.
`
`On information and belief, Defendant Huawei (directly or through its Huawei
`
`Foundry Partners such as TSMC) employs camLine’s LineWorks system and/or other in-house
`
`or third-party scheduling and dispatching platform hardware and/or software (e.g., with similar
`
`technical and functional features) to develop or manufacture one or more systems, products,
`
`and/or devices for importation into the United States for use, sale, and/or offer for sale in this
`
`District and throughout the United States, including, but not limited to, semiconductor products
`
`and devices, such as SoC chipsets and solutions (e.g., Hi3559A V100, Hi3519A V100, Hi3516D
`
`V300, Hi3556A V100, Hi3559 V200, Hi3559A V100, Hi3559C V100, Hi3559 V100, Hi3716M
`
`V430, Hi3716M V430, Hi3798C V200, Hi3798M V200H, Hi3798M V300, Hi3798M V310,
`
`Hi3796M V200, Hi3798M V200, Hi3796M V100, Hi3798M V100, Hi3716M V420, Hi3716M
`
`- 6 -
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`

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`Case 4:20-cv-00991 Document 1 Filed 12/31/20 Page 7 of 68 PageID #: 7
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`V410, and Hi3751 V553), processors (e.g., Hi3536, Hi3536C, Hi3536D V100, Hi3531D V100,
`
`Hi3521D V100, Hi3520D V400, Hi3520D V300, and Hi3520D V200), TV solutions (e.g.,
`
`Hi3731 V201, Hi3731 V101, Hi3751 V811, HI3751 V810, Hi3751 V551, Hi3751 V730, Hi3751
`
`V620, Hi3751 V510, Hi3751 V310, Hi3751 V320, and Hi3751 V600), Kirin solutions (e.g.,
`
`Kirin 9000/E, Kirin 1020, Kirin 990, Kirin 980, Kirin 970, Kirin 960, Kirin 950, Kirin 930, Kirin
`
`920, Kirin 910, and Kirin 710); Ascend solutions (e.g., Ascend 310 and Ascend 910); Kunpeng
`
`solutions (e.g., Kunpeng 920); and Balong solutions (e.g., Balong 5000, Balong 5G01, Balong
`
`765, Balong 750, Balong 720, Balong 710, and Balong 700), systems, products, or devices
`
`containing these solutions, and similar systems, products, devices, and integrated circuits
`
`(“Huawei Scheduling Products”).
`
`17.
`
`On information and belief, Defendant Huawei (directly or through its Huawei
`
`Foundry Partners such as TSMC) uses camLine’s LineWorks system and/or other in-house or
`
`third-party scheduling and dispatching platform hardware and/or software (e.g., with similar
`
`technical and functional features) to design, develop, or manufacture the Huawei Scheduling
`
`Products for importation into the United States for use, sale, and/or offer for sale in this district
`
`and throughout the United States.
`
`18.
`
`On information and belief, Defendant Huawei (directly and/or through its Huawei
`
`Foundry Partners such as TSMC) has a contractual relationship with ASML Holding N.V. and/or
`
`its subsidiaries (“ASML”), and directly or through one or more of the Huawei Foundry Partners
`
`(e.g., TSMC), employs ASML’s semiconductor fabrication or manufacturing equipment and/or
`
`platforms (e.g., ASML’s TWINSCAN system hardware and software or “TWINSCAN”) to
`
`design, develop, and/or manufacture Defendant Huawei’s semiconductor products and devices,
`
`such as SoC chipsets and solutions (e.g., Hi3559A V100, Hi3519A V100, Hi3516D V300,
`
`- 7 -
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`

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`Case 4:20-cv-00991 Document 1 Filed 12/31/20 Page 8 of 68 PageID #: 8
`
`Hi3556A V100, Hi3559 V200, Hi3559A V100, Hi3559C V100, Hi3559 V100, Hi3716M V430,
`
`Hi3716M V430, Hi3798C V200, Hi3798M V200H, Hi3798M V300, Hi3798M V310, Hi3796M
`
`V200, Hi3798M V200, Hi3796M V100, Hi3798M V100, Hi3716M V420, Hi3716M V410, and
`
`Hi3751 V553), processors (e.g., Hi3536, Hi3536C, Hi3536D V100, Hi3531D V100, Hi3521D
`
`V100, Hi3520D V400, Hi3520D V300, and Hi3520D V200), TV solutions (e.g., Hi3731 V201,
`
`Hi3731 V101, Hi3751 V811, HI3751 V810, Hi3751 V551, Hi3751 V730, Hi3751 V620, Hi3751
`
`V510, Hi3751 V310, Hi3751 V320, and Hi3751 V600), Kirin solutions (e.g., Kirin 9000/E,
`
`Kirin 1020, Kirin 990, Kirin 980, Kirin 970, Kirin 960, Kirin 950, Kirin 930, Kirin 920, Kirin
`
`910, and Kirin 710); Ascend solutions (e.g., Ascend 310 and Ascend 910); Kunpeng solutions
`
`(e.g., Kunpeng 920); and Balong solutions (e.g., Balong 5000, Balong 5G01, Balong 765,
`
`Balong 750, Balong 720, Balong 710, and Balong 700), systems, products, or devices containing
`
`these solutions, and similar systems, products, devices, and integrated circuits (“Huawei
`
`TWINSCAN Products”). See, e.g., “The $150 Million Machine With $200 Billion at Stake for
`
`China,” https://www.washingtonpost.com/business/the-150-million-machine-with-200-billion-at-
`
`stake-for-china/2020/01/15/56f9b142-37fc-11ea-a1ff-c48c1d59a4a1_story.html (last visited Oct.
`
`12, 2020); see also “TSMC Joins ASML’s Customer Co-Investment Program for Innovation,”
`
`available at https://www.asml.com/en/news/press-releases/tsmc-joins-asmls-customer-co-
`
`investment-program-for-innovation-(46903) (last visited Oct. 12, 2020); see also “ASML
`
`launches $16 million Taiwanese training complex for TSMC,” available at
`
`https://www.theburnin.com/industry/asml-launches-16m-taiwanese-training-complex-tsmc-
`
`2020-08-20/ (last visited Oct. 12, 2020); see also “ASML shares gain after reports of large
`
`TSMC order,” available at https://seekingalpha.com/news/3636158-asml-shares-gain-after-
`
`reports-of-large-tsmc-order (last visited Oct. 12, 2020); see also “ASML apparently beats Nikon
`
`- 8 -
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`

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`Case 4:20-cv-00991 Document 1 Filed 12/31/20 Page 9 of 68 PageID #: 9
`
`for UMC’s huge 300-mm scanner order,” available at https://www.eetimes.com/asml-
`
`apparently-beats-nikon-for-umcs-huge-300-mm-scanner-order/ (last accessed October 12, 2020);
`
`see also “ASML’s NXE Platform Performance,” available at
`
`http://euvlsymposium.lbl.gov/pdf/2013/pres/RudyPeeters.pdf (last visited Oct. 12, 2020); see
`
`also LinkedIn Profile for Spencer Lin, Operation Manager at ASML, available at
`
`https://www.linkedin.com/in/spencer-lin-a48a0082/ (last visited Oct. 12, 2020); LinkedIn Profile
`
`for Leo Li, Product Engineer at ASML, available at https://www.linkedin.com/in/leo-li-
`
`74222754/ (last visited Oct. 12, 2020); LinkedIn Profile for Tsung Ming C., Applicant Engineer
`
`at ASML, available at https://www.linkedin.com/in/tsung-ming-c-49b4b77/ (last visited Oct. 12,
`
`2020); LinkedIn Profile for Vince Liu, Product Manager at ASML, available at
`
`https://www.linkedin.com/in/vince-liu-4820b149/ (last visited Oct. 12, 2020); and LinkedIn
`
`Profile for Henry Yeh, Applicant Engineer at ASML, available at
`
`https://www.linkedin.com/in/heavyyeh/ (last visited Oct. 12, 2020).
`
`19.
`
`On information and belief, Defendant Huawei (directly or through its Huawei
`
`Foundry Partners) uses ASML’s TWINSCAN platform and/or its software to design, develop, or
`
`manufacture the Huawei TWINSCAN Products for importation into the United States for use,
`
`sale, and/or offer for sale in this district and throughout the United States.
`
`20.
`
`On information and belief, Defendant Huawei (directly and/or through its Huawei
`
`Foundry Partners such as TSMC) has a contractual relationship with ASML and/or its
`
`subsidiaries and that directly or through one or more of the Huawei Foundry Partners (e.g.,
`
`TSMC) employs ASML’s semiconductor fabrication or manufacturing equipment and/or
`
`platforms (e.g., ASML’s YieldStar metrology and inspection system hardware and software or
`
`“YieldStar”) to design, develop, and/or manufacture Defendant Huawei’s semiconductor
`
`- 9 -
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`

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`Case 4:20-cv-00991 Document 1 Filed 12/31/20 Page 10 of 68 PageID #: 10
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`products and devices, such as SoC chipsets and solutions (e.g., Hi3559A V100, Hi3519A V100,
`
`Hi3516D V300, Hi3556A V100, Hi3559 V200, Hi3559A V100, Hi3559C V100, Hi3559 V100,
`
`Hi3716M V430, Hi3716M V430, Hi3798C V200, Hi3798M V200H, Hi3798M V300, Hi3798M
`
`V310, Hi3796M V200, Hi3798M V200, Hi3796M V100, Hi3798M V100, Hi3716M V420,
`
`Hi3716M V410, and Hi3751 V553), processors (e.g., Hi3536, Hi3536C, Hi3536D V100,
`
`Hi3531D V100, Hi3521D V100, Hi3520D V400, Hi3520D V300, and Hi3520D V200), TV
`
`solutions (e.g., Hi3731 V201, Hi3731 V101, Hi3751 V811, HI3751 V810, Hi3751 V551,
`
`Hi3751 V730, Hi3751 V620, Hi3751 V510, Hi3751 V310, Hi3751 V320, and Hi3751 V600),
`
`Kirin solutions (e.g., Kirin 9000/E, Kirin 1020, Kirin 990, Kirin 980, Kirin 970, Kirin 960, Kirin
`
`950, Kirin 930, Kirin 920, Kirin 910, and Kirin 710); Ascend solutions (e.g., Ascend 310 and
`
`Ascend 910); Kunpeng solutions (e.g., Kunpeng 920); and Balong solutions (e.g., Balong 5000,
`
`Balong 5G01, Balong 765, Balong 750, Balong 720, Balong 710, and Balong 700), systems,
`
`products, or devices containing these solutions, and similar systems, products, devices, and
`
`integrated circuits (“Huawei YieldStar Products”). See, e.g., “The $150 Million Machine With
`
`$200 Billion at Stake for China,” https://www.washingtonpost.com/business/the-150-million-
`
`machine-with-200-billion-at-stake-for-china/2020/01/15/56f9b142-37fc-11ea-a1ff-
`
`c48c1d59a4a1_story.html (last visited Oct. 12, 2020); see also “TSMC Joins ASML’s Customer
`
`Co-Investment Program for Innovation,” available at https://www.asml.com/en/news/press-
`
`releases/tsmc-joins-asmls-customer-co-investment-program-for-innovation-(46903) (last visited
`
`Oct. 12, 2020); see also “ASML launches $16 million Taiwanese training complex for TSMC,”
`
`available at https://www.theburnin.com/industry/asml-launches-16m-taiwanese-training-
`
`complex-tsmc-2020-08-20/ (last visited Oct. 12, 2020); see also “ASML shares gain after reports
`
`of large TSMC order,” available at https://seekingalpha.com/news/3636158-asml-shares-gain-
`
`- 10 -
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`

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`Case 4:20-cv-00991 Document 1 Filed 12/31/20 Page 11 of 68 PageID #: 11
`
`after-reports-of-large-tsmc-order (last visited Oct. 12, 2020); see also “ASML apparently beats
`
`Nikon for UMC’s huge 300-mm scanner order,” available at https://www.eetimes.com/asml-
`
`apparently-beats-nikon-for-umcs-huge-300-mm-scanner-order/ (last accessed October 12, 2020);
`
`see also “ASML’s NXE Platform Performance,” available at
`
`http://euvlsymposium.lbl.gov/pdf/2013/pres/RudyPeeters.pdf (last visited Oct. 12, 2020); see
`
`also LinkedIn Profile for Spencer Lin, Operation Manager at ASML, available at
`
`https://www.linkedin.com/in/spencer-lin-a48a0082/ (last visited Oct. 12, 2020); LinkedIn Profile
`
`for Leo Li, Product Engineer at ASML, available at https://www.linkedin.com/in/leo-li-
`
`74222754/ (last visited Oct. 12, 2020); LinkedIn Profile for Tsung Ming C., Applicant Engineer
`
`at ASML, available at https://www.linkedin.com/in/tsung-ming-c-49b4b77/ (last visited Oct. 12,
`
`2020); LinkedIn Profile for Vince Liu, Product Manager at ASML, available at
`
`https://www.linkedin.com/in/vince-liu-4820b149/ (last visited Oct. 12, 2020); and LinkedIn
`
`Profile for Henry Yeh, Applicant Engineer at ASML, available at
`
`https://www.linkedin.com/in/heavyyeh/ (last visited Oct. 12,
`
`2020).https://www.theburnin.com/industry/asml-launches-16m-taiwanese-training-complex-
`
`tsmc-2020-08-20/ (last visited Oct. 12, 2020).
`
`21.
`
`On information and belief, Defendant Huawei (directly or through its Huawei
`
`Foundry Partners) uses ASML’s YieldStar system to design, develop, or manufacture the
`
`Huawei YieldStar Products for importation into the United States for use, sale, and/or offer for
`
`sale in this district and throughout the United States.
`
`22.
`
` Defendant Huawei, one of leading wireless SoC and silicon solution providers,
`
`works with third parties to design and/or develop third party products, such as mobile devices,
`
`tablet products, internet of things devices, automotive devices, networking and broadband
`
`- 11 -
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`Case 4:20-cv-00991 Document 1 Filed 12/31/20 Page 12 of 68 PageID #: 12
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`devices, and home devices that include one or more Huawei APC Products, Huawei Scheduling
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`Products, Huawei TWINSCAN Products, and/or Huawei YieldStar Products (“Third Party
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`Products”). Huawei assists third parties, directly or through others, to import the Third Party
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`Products into the United States and offer to sell, and sell, such Third Party Products in the United
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`States.
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`JURISDICTION AND VENUE
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`23.
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`This is an action for patent infringement arising under the patent laws of the
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`United States, 35 U.S.C. § 1, et seq.
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`24.
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`25.
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`This Court has subject matter jurisdiction under 28 U.S.C. §§ 1331 and 1338(a).
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`Huawei is subject to this Court’s general personal jurisdiction at least because
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`Huawei is a resident of Texas as defined by Texas law. On information and belief, Huawei is
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`headquartered in Austin, Texas.
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`26.
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`Huawei is additionally subject to this Court’s general and specific personal
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`jurisdiction because Huawei has sufficient minimum contacts within the State of Texas and this
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`District, pursuant to due process and/or the Texas Long Arm Statute, Tex. Civ. Prac. & Rem.
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`Code § 17.042. On information and belief, Huawei contracted with one or more Texas residents
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`in this District and one or both parties performed the contract at least in part in the State of Texas
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`and this District; Huawei committed the tort of patent infringement in State of Texas and this
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`District; Huawei purposefully availed itself of the privileges of conducting business in the State
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`of Texas and in this District; Huawei regularly conducts and solicits business within the State of
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`Texas and within this District; Huawei recruits residents of the State of Texas and this District
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`for employment inside or outside the State of Texas; Plaintiff’s causes of action arise directly
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`from Huawei’s business contacts and other activities in the State of Texas and this District; and
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`Case 4:20-cv-00991 Document 1 Filed 12/31/20 Page 13 of 68 PageID #: 13
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`Huawei designs, develops, manufactures, distributes, makes available, imports, sells and offers
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`to sell products and services throughout the United States, including in this judicial District, and
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`introduces infringing products and services that into the stream of commerce knowing that they
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`would be used and sold in this judicial district and elsewhere in the United States.
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`27.
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`Venue is proper in this Court pursuant to 28 U.S.C. §§ 1391 and 1400(b) at least
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`because Defendant Huawei USA resides in this District. Venue is also proper with respect to
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`Defendants Huawei Device and HiSilicon because they are foreign corporations, which are
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`subject to personal jurisdiction in this District and have regularly conducted business in this
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`District, and because certain of the acts complained of herein occurred in this District.
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`Additionally, Huawei—directly or through intermediaries (including distributors, retailers, and
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`others), subsidiaries, alter egos, and/or agents—ships, distributes, offers for sale, imports, and/or
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`sells its products in the United States and this District. Huawei has purposefully and voluntarily
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`placed one or more of its products into the stream of commerce with the awareness and/or intent
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`that they will be purchased by consumers in this District. These products have been, and
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`continue to be, purchased by consumers and businesses in this District.
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`THE PATENTS-IN-SUIT
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`28.
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`On November 8, 2001, U.S. Patent Application No. 10/010,463 was filed at the
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`USPTO (“the ’463 Application”). The ’463 Application was duly examined and issued as U.S.
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`Patent No. 6,660,651 (“the ’651 patent”), entitled “Adjustable Wafer Stage, and a Method and
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`System for Performing Process Operations Using Same” on December 9, 2003. A true and
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`correct copy of the ʼ651 patent is attached hereto as Exhibit A.
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`29.
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`Ocean Semiconductor is the owner of the ʼ651 patent and has the full and
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`exclusive right to bring actions and recover past, present, and future damages for Huawei’s
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`infringement of the ʼ651 patent.
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`30.
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`The inventions of the ’651 patent resolve technical problems related to cross-
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`wafer variations or non-uniformity characteristics in semiconductor wafers that are caused by
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`different deposition and etch processes performed during semiconductor manufacturing. For
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`example, the ’651 patent provides a process tool that includes an adjustable wafer stage that
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`allows positioning or re-positioning of the wafer stage, such as raising, lowering, and varying a
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`tilt of the surface of the wafer stage, in order to effectuate the deposition rates of semiconductor
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`materials formed on a wafer.
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`31.
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`The claims of the ’651 patent do not merely recite the performance of some
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`business practice known from the pre-Internet world along with the requirement to perform it on
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`the Internet. Instead, the claims of the ’651 patent recite one or more inventive concepts that are
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`rooted in computerized semiconductor manufacturing or fabrication technologies, and overcome
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`problems specifically arising in the realm of computerized semiconductor manufacturing or
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`fabrication technologies.
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`32.
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`The ’651 patent is directed to an invention that is not merely the routine or
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`conventional use of the Internet or a generic computer. Instead, it is directed to a process tool
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`with an adjustable wafer stage that offers customizable positioning features to facilitate raising,
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`lowering, or tilting of the wafer stage. This design allows surface adjustment of a wafer surface
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`on which semiconductor materials are deposited to ensure a surface profile that is uniform across
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`the surface of each wafer. The ’651 patent claims thus specify how a semiconductor
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`manufacturing system is manipulated to yield a desired result.
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`33.
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`Accordingly, each claim of the ’651 patent recites a combination of elements
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`sufficient to ensure that the claim in practice amounts to significantly more than a patent on an
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`ineligible concept.
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`34.
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`On April 30, 2002, U.S. Patent Application No. 10/135,145 was filed at the
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`USPTO (the “’145 Application”). The ’145 Application was duly examined and issued as U.S.
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`Patent No. 6,907,305 (“the ‘305 Patent”), entitled “Agent Reactive Scheduling in an Automated
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`Manufacturing Environment” on June 14, 2005. A true and correct copy of the ʼ305 patent is
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`attached hereto as Exhibit B.
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`35.
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`Ocean Semiconductor is the owner of the ʼ305 patent and has the full and
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`exclusive right to bring actions and recover past, present, and future damages for Huawei’s
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`infringement of the ʼ305 patent.
`
`36.
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`The inventions of the ’305 patent resolve technical problems related to utilization
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`of process tools and scheduling and execution control of factory control systems. For example,
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`the ’305 patent describes agents that reactively schedule, initiate, and execute activities, such as
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`lot transport and processing, in response to certain events occurring during the semiconductor
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`manufacturing process.
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`37.
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`The claims of the ’305 patent do not merely recite the performance of some
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`business practice known from the pre-Internet world along with the requirement to perform it on
`
`the Internet. Instead, the claims of the ’305 patent recite one or more inventive concepts that are
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`rooted in computerized semiconductor manufacturing or fabrication technologies, and overcome
`
`problems specifically arising in the realm of computerized semiconductor manufacturing or
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`fabrication technologies.
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`- 15 -
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`38.
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`The ’305 patent is directed to an invention that is not merely the routine or
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`conventional use of the Internet or a generic computer. Instead, it is directed to a manufacturing
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`system that facilitates the reactive scheduling of events resulting from certain factory state
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`changes occurred within the process flow, such as a downtime occurrence, a machine becoming
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`available, a processing chamber being down, a lot departing a machine, a preventative
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`maintenance and equipment qualification being detected, and a wafer being completed. This
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`system, in turn, allows efficient management of factory control systems and optimizes wafer
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`throughput. The ’305 patent claims thus specify how a semiconductor manufacturing system is
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`manipulated to yield a desired result.
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`39.
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`Accordingly, each claim of the ’305 patent recites a combination of elements
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`sufficient to ensure that the claim in practice amounts to significantly more than a patent on an
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`ineligible concept.
`
`40.
`
`On July 31, 2000, U.S. Patent Application No. 09/629,073 was filed at the
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`USPTO (“the ʼ073 Application”). The ʼ073 Application was duly examined and issued as U.S.
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`Patent No. 6,725,402 (“the ʼ402 Patent”), entitled “Method and Apparatus for Fault Detection of
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`a Processing Tool and Control Thereof Using an Advanced Process Control (APC) Framework”)
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`on April 20, 2004. A true and correct copy of the ʼ402 patent is attached hereto as Exhibit C.
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`41.
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`Ocean Semiconductor is the owner of the ʼ402 patent and has the full and
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`exclusive right to bring actions and recover past, present, and future damages for Huawei’s
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`infringement of the ʼ402 patent.
`
`42.
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`The inventions of the ’402 patent resolve technical problems related to the delay
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`in reporting manufacturing faults during semiconductor manufacturing, which led to faulty
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`semiconductor devices being produced. For example, the ’402 patent describes systems and
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`- 16 -
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`Case 4:20-cv-00991 Document 1 Filed 12/31/20 Page 17 of 68 PageID #: 17
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`methods for shutting down a process tool or halting a manufacturing process in the presence of a
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`manufacturing fault.
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`43.
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`The claims of the ’402 patent do not merely recite the performance of some
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`business practice known from the pre-Internet world along with the requirement to perform it on
`
`the Internet. Instead, the claims of the ’402 patent recite one or more inventive concepts that are
`
`rooted in computerized semiconductor manufacturing or fabrication technologies, and overcome
`
`problems specifically arising in the realm of computerized semiconductor manufacturing or
`
`fabrication technologies.
`
`44.
`
`The ’402 patent is directed to an invention that is not merely the routine or
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`conventional use of the Internet or a generic computer. Instead, it is directed to a fault detection
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`system in a semiconductor manufacturing process to detect the presence of a man