Case 6:22-cv-00612-ADA Document 1 Filed 06/13/22 Page 1 of 58
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`UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
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`MR TECHNOLOGIES, GMBH,
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`
`
`
`
`
`
`Plaintiff,
`
`
`
`Case No.
`
`
`
`
`
`
`
`v.
`
`JURY TRIAL DEMANDED
`
`WESTERN DIGITAL CORPORATION,
`
`
`
`
`
`
`
`Defendant.
`
`
`
`
`
`
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`This is an action for patent infringement arising under the Patent Laws of the United States
`
`of America, 35 U.S.C. § 1 et seq., in which Plaintiff MR Technologies, GmbH (“MR Technologies”
`
`or “Plaintiff”) make the following allegations against Defendant Western Digital Technologies,
`
`Inc. (“Defendant” or “Western Digital”):
`
`INTRODUCTION
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`1.
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`This complaint arises from Defendant’s unlawful infringement of the following
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`United States patents owned by Suess: U.S. Patent No. 9,978,413 (“’413 Patent”); U.S. Patent No.
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`9,928,864 (“’864 Patent”); U.S. Patent No. 11,133,031 (“’031 Patent”); and U.S. Patent No.
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`11,138,997 (“’997 Patent”) (collectively the “Asserted Patents”).
`
`PARTIES
`
`2.
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`MR Technologies is a privately held company, having its principal place of
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`business at Nibelungengasse 11/4, 1010 Vienna, Austria.
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`3.
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`Western Digital Corporation is a Delaware corporation with a principal place of
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`business at 5601 Great Oaks Parkway, San Jose, CA 95519. Western Digital, on information and
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`
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`1
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`6:22-cv-00612
`
`
`
`
`
`UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`MR TECHNOLOGIES, GMBH,
`
`
`
`
`
`
`
`Plaintiff,
`
`
`
`Case No.
`
`
`
`
`
`
`
`v.
`
`JURY TRIAL DEMANDED
`
`WESTERN DIGITAL CORPORATION,
`
`
`
`
`
`
`
`Defendant.
`
`
`
`
`
`
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`This is an action for patent infringement arising under the Patent Laws of the United States
`
`of America, 35 U.S.C. § 1 et seq., in which Plaintiff MR Technologies, GmbH (“MR Technologies”
`
`or “Plaintiff”) make the following allegations against Defendant Western Digital Technologies,
`
`Inc. (“Defendant” or “Western Digital”):
`
`INTRODUCTION
`
`1.
`
`This complaint arises from Defendant’s unlawful infringement of the following
`
`United States patents owned by Suess: U.S. Patent No. 9,978,413 (“’413 Patent”); U.S. Patent No.
`
`9,928,864 (“’864 Patent”); U.S. Patent No. 11,133,031 (“’031 Patent”); and U.S. Patent No.
`
`11,138,997 (“’997 Patent”) (collectively the “Asserted Patents”).
`
`PARTIES
`
`2.
`
`MR Technologies is a privately held company, having its principal place of
`
`business at Nibelungengasse 11/4, 1010 Vienna, Austria.
`
`3.
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`Western Digital Corporation is a Delaware corporation with a principal place of
`
`business at 5601 Great Oaks Parkway, San Jose, CA 95519. Western Digital, on information and
`
`
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`1
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`6:22-cv-00612
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`Case 6:22-cv-00612-ADA Document 1 Filed 06/13/22 Page 2 of 58
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`belief, designs and manufactures, among other things, magnetic recording media such as hard disk
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`drives. Western Digital may be served with process through its registered agent, the Corporation
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`Service Company, at 251 Little Falls Drive, Wilmington, Delaware, 19808.
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`JURISDICTION AND VENUE
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`4.
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`This action arises under the patent laws of the United States, Title 35 of the United
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`States Code. This Court has original subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331 and
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`1338(a).
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`5.
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`This Court has personal jurisdiction over Defendant in this action because
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`Defendant has committed acts within this District giving rise to this action and has established
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`minimum contacts with this forum such that the exercise of jurisdiction over Defendant would not
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`offend traditional notions of fair play and substantial justice. Defendant, directly and through
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`subsidiaries or intermediaries, has committed and continue to commit acts of infringement in this
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`District by, among other things, importing, offering to sell, and selling products that infringe the
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`asserted patents.
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`6.
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`Venue is proper in this District under 28 U.S.C. § 1400(b). Upon information and
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`belief, Defendant has transacted business in this District and has committed acts of direct and
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`indirect infringement in this District by, among other things, making, using, offering to sell, selling,
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`and importing products that infringe the asserted patents. Defendant has at least one regular and
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`established place of business in the District. For example, Western Digital has offices at 3600 W.
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`Parmer Ln, STE 160, Austin, TX 78727, and 7501 N Capital Of Texas Hwy, Austin, TX, 78731-
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`1712.
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`2
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`Case 6:22-cv-00612-ADA Document 1 Filed 06/13/22 Page 3 of 58
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`COUNT I
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`INFRINGEMENT OF U.S. PATENT NO. 9,978,413
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`7.
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`Plaintiff realleges and incorporates by reference the foregoing paragraphs as if fully
`
`set forth herein.
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`8.
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`MR Technologies is the owner and assignee of United States Patent No. 9,978,413
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`titled “Multilayer exchange spring recording media.” The ‘413 Patent was duly and legally issued
`
`by the United States Patent and Trademark Office on May 22, 2018. MR Technologies is the
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`owner and assignee, possessing all substantial rights, to the ’413 Patent. A true and correct copy
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`of the ’413 Patent is attached as Exhibit 1.
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`9.
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`Defendant makes, uses, offers for sale, sells, and/or imports into the United States
`
`certain products and services that directly infringe, literally and/or under the doctrine of
`
`equivalents, one or more claims of the ’413 Patent, and continue to do so. By way of illustrative
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`example, these infringing products and services include, without limitation, Defendant’s magnetic
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`hard disk drives, including, for example, the Western Digital WD80EFX (8TB), and all versions
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`and variations thereof since the issuance of the ’413 Patent (“Accused Products”).
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`10.
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`Defendant has had knowledge of the ’413 patent from a date no later than October
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`14, 2021. Defendant has known how the Accused Products are made and has known, or has been
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`willfully blind to the fact, that making, using, offering to sell, and selling the accused products
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`within the United States, or importing the Accused Products into the United States, would
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`constitute infringement.
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`11.
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`Defendant has induced, and continues to induce, infringement of the ’413 patent
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`by actively encouraging others (including distributors and end customers) to use, offer to sell,
`
`sell, and import the Accused Products. On information and belief, these acts include providing
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`3
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`Case 6:22-cv-00612-ADA Document 1 Filed 06/13/22 Page 4 of 58
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`information and instructions on the use of the Accused Products; providing information,
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`education and instructions supporting sales by distributors; providing the Accused Products to
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`distributors; and indemnifying patent infringement within the United States.
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`12.
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`Defendant has also infringed, and continue to infringe, claims of the ‘413 patent
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`by offering to commercially distribute, commercially distributing, making, and/or importing the
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`Accused Products, which are used in practicing the process, or using the systems, of the patent,
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`and constitute a material part of the invention. Defendant knows the components in the Accused
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`Products to be especially made or especially adapted for use in infringement of the patent, not a
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`staple article, and not a commodity of commerce suitable for substantial noninfringing use.
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`Accordingly, Defendant has been, and currently are, contributorily infringing the ’413 patent, in
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`violation of 35 U.S.C. § 271(c).
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`13.
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`The Accused Products satisfy all claim limitations of one or more claims of the
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`’413 Patent. For example, the Accused Products infringe claim 1 of the ’413 Patent. One, non-
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`limiting, example of the Accused Products infringement is presented below.
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`14.
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`The Accused Products include: “[a] magnetic recording medium, comprising.” For
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`example, the Accused Products, including the Western Digital WD80EFX (8TB), have a magnetic
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`recording medium.
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`4
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`Case 6:22-cv-00612-ADA Document 1 Filed 06/13/22 Page 5 of 58
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`https://www.westerndigital.com/products/internal-drives/wd-red-pro-sata-hdd#WD8003FFBX
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`15.
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`Based on information and belief, the Accused Products include: “an essentially
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`non-magnetic substrate.” For example, the Accused Products, including the Western Digital
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`WD80EFX (8TB), have a non-magnetic substrate, as demonstrated by a paper written by engineers
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`at Western Digital, which describes a disk in an HDD product having a non-magnetic substrate,
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`such as glass.
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`5
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`Case 6:22-cv-00612-ADA Document 1 Filed 06/13/22 Page 6 of 58
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`16.
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`Based on information and belief, the Accused Products include: “a magnetic
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`bilayer.” For example, energy dispersive x-ray (EDX) chemical analysis of layers of the Western
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`Digital WD80EFX (8TB) shows a magnetic bilayer.
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`6
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`Case 6:22-cv-00612-ADA Document 1 Filed 06/13/22 Page 7 of 58
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`More specifically, the ruthenium (“Ru”) peak at about 7-8 nm demonstrates two distinct layers, as
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`Ru is widely used, either alone or in connection with other materials, to provide exchange coupling
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`between magnetic layers. Therefore, there is a “bilayer structure”. The average oxygen (“O”)
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`concentration in the two distinct layers (nucleation host and storage layer) is significantly different.
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`Thus, the Accused Products, including the Western Digital WD80EFX (8TB), have a magnetic
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`bilayer.
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`17.
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`Based on information and belief, the Accused Products include: “the magnetic
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`bilayer including a granular hard magnetic storage layer with perpendicular anisotropy having a
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`coercive field of Hs without another magnetic layer and a thickness between 3 nm and 30 nm.” For
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`example, the Western Digital WD80EFX (8TB) has a magnetic bilayer including a granular hard
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`magnetic storage layer with perpendicular anisotropy having a coercive field of Hs without another
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`magnetic layer and a thickness between 3 nm and 30 nm.
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`18.
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`The granular oxide layer is a granular hard magnetic storage layer. The formula
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`from the ‘413 patent (at col. 6, line 54) provides an equation for the coercive field, Hc = 2*Keff/Ms
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`7
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`Case 6:22-cv-00612-ADA Document 1 Filed 06/13/22 Page 8 of 58
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`(where Hc also is referred to as Hs). As shown in IEEE Transactions of Magnetics (July 2009)1, at
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`p. 2694 (excerpted below), a granular oxide layer has values of Ms ~ 380 emu/cm³ = 0.47T and
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`Keff ~ 3.1x106 erg/cm³ = 0.31e6 J/m³, and therefore has a coercive field Hc = 2*Keff/Ms = 1.6T.
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`Thus, the Western Digital WD80EFX (8TB) has a granular hard magnetic storage layer with
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`perpendicular anisotropy having a coercive field of Hs without another magnetic layer.
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`19.
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`In addition, an energy dispersive x-ray (EDX) chemical analysis of layers of the
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`Western Digital WD80EFX (8TB) shows that the granular hard magnetic layer has a thickness
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`between 3nm and 30 nm:
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`1 The authors of this article are from Hitachi Global Storage Technologies, which has since been
`acquired by Western Digital.
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`8
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`20.
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`Thus, the Accused Products, including the Western Digital WD80EFX (8TB), have
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`a storage layer with a thickness of between 3 and 30 nm.
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`21.
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`Based on information and belief, the Accused Products include: “the magnetic
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`bilayer including … a granular hard magnetic nucleation host with perpendicular anisotropy,
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`disposed on the hard magnetic storage layer in a columnar manner, having a coercive field Hn
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`without the hard magnetic storage layer, wherein 0.5 T<Hn<Hs.” The Accused Products, including
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`the Western Digital WD80EFX (8TB), have a magnetic bilayer with a granular hard magnetic
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`nucleation host with perpendicular anisotropy, disposed on the hard magnetic storage layer in a
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`columnar manner, having a coercive field Hn without the hard magnetic storage layer, wherein 0.5
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`T<Hn<Hs.
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`22.
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`The EDX chemical analysis of layers of the WD80EFX (8TB) shows that the
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`average O concentration increases from a lower level in the approx. 0-7 nm nucleation host to a
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`higher level in the approx. 9-14 nm hard storage layer, while the average chromium (“Cr”)
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`concentration decreases from a higher level in the nucleation host to a lower level in the hard
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`9
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`Case 6:22-cv-00612-ADA Document 1 Filed 06/13/22 Page 10 of 58
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`storage layer. Both of these trends establish that Hn, the coercive field of the nucleation host, is
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`lower than Hs, the coercive field of the hard storage layer: Hn<Hs. See Jung, H.S., et. al., “Effect
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`of Oxygen Incorporation on Microstructure and Media Performance in CoCrPt-SiO2 Perpendicular
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`Recording Media, IEEE Transactions on Magnetics, Vol. 43, No. 2, February 2007.
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`10
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`Case 6:22-cv-00612-ADA Document 1 Filed 06/13/22 Page 11 of 58
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`Jung, H.S., et. al., “Effect of Oxygen Incorporation on Microstructure and Media Performance in
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`CoCrPt-SiO2 Perpendicular Recording Media, IEEE Transactions on Magnetics, Vol. 43, No. 2,
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`February 2007.
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`23. Moreover, as shown below, both Hn and Hs are larger than 0.5 T. As demonstrated
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`in IEEE Transactions of Magnetics (July 2009), at p. 2694 (excerpted below), Ms ~ 380 emu/cm³
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`= 0.47T and Keff ~ 3.1x106 erg/cm³ = 0.31e6 J/m³. Using the formula from the ‘413 patent (at col.
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`6, line 54) that coercive field, Hc = 2*Keff/Ms, and inputting the values for Ms and Keff, Hc =
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`2*Keff/Ms = 1.6T (where Hc also is referred to as Hs).
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`11
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`Case 6:22-cv-00612-ADA Document 1 Filed 06/13/22 Page 12 of 58
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`24.
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`As shown below, differences in O and Cr levels establish that Hn, the coercive field
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`of the nucleation host, is lower than Hs, the coercive field of the hard storage layer: Hn<Hs.
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`Specifically, increasing the O concentration increases the anisotropy and thus the coercive field
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`Hc (where Hc also is referred to as Hs). The O concentration average for nucleation layer (0-7nm)
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`in the 8TB disk: C(ox)=8%; the O concentration average for storage layer (9-14nm) in the 8TB
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`disk: C(ox)=13%. Using a linear fit for the change of coercive field as function of the O
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`concentration gives Hn = 2*Keff/Ms =1.4T. Thus, 0.5T<Hn(1.4T) <Hs(1.7T). Thus, both Hn and Hs
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`are greater than 0.5 T.
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`25.
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`The figure below demonstrates the relationship between coercivity and Oxygen
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`content.
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`Jung, H.S., et. al., “Effect of Oxygen Incorporation on Microstructure and Media Performance in
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`CoCrPt-SiO2 Perpendicular Recording Media, IEEE Transactions on Magnetics, Vol. 43, No. 2,
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`February 2007.
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`26.
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`The granular hard magnetic nucleation host has perpendicular anisotropy, and is
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`disposed on the hard magnetic storage layer in a columnar manner, as demonstrated by a paper
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`written by engineers at Western Digital, which describes a disk in an HDD product having a
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`12
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`Case 6:22-cv-00612-ADA Document 1 Filed 06/13/22 Page 13 of 58
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`columnar grains.
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`Based on information and belief, the Accused Products include: “the nucleation
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`27.
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`host has a magnetic polarization Js=µ0Ms between 0.3 T and 1.0 T.” For example, the Western
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`Digital WD80EFX (8TB) includes a nucleation host has a magnetic polarization Js=µ0Ms between
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`0.3 T and 1.0.
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`28.
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`Using the equation Js=µ0Ms, and the typical values provided in the article below,
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`Ms = 320 emu/cm³ results in 0.402 T, while Ms of 450 emu/cm³ results in 0.565 T. Both of these
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`13
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`Case 6:22-cv-00612-ADA Document 1 Filed 06/13/22 Page 14 of 58
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`results are between 0.3 T and 1.0 T.
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`Jung, H.S., et. al., “Effect of Oxygen Incorporation on Microstructure and Media Performance in
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`CoCrPt-SiO2 Perpendicular Recording Media, IEEE Transactions on Magnetics, Vol. 43, No. 2,
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`February 2007.
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`29.
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`Based on information and belief, the Accused Products include: “the nucleation
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`host and the hard magnetic storage layer are separated by a coupling layer between 0.1 nm and 3
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`nm thickness.” The Accused Products, including the Western Digital WD80EFX (8TB), have a
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`nucleation host and a hard magnetic storage layer that are separated by a coupling layer between
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`0.1 nm and 3 nm thickness.
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`30.
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`An energy dispersive x-ray (EDX) chemical analysis of layers of the Western
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`Digital WD80EFX (8TB) shows that the nucleation host and hard magnetic storage layer are
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`separated by a coupling layer between 0.1 nm and 3 nm:
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`14
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`Case 6:22-cv-00612-ADA Document 1 Filed 06/13/22 Page 15 of 58
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`Thus, the Accused Products, including the Western Digital WD80EFX (8TB), have a nucleation
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`layer and a hard magnetic layer separated by a coupling layer of between 0.1 nm and 3 nm
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`thickness.
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`31.
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`Based on information and belief, the Accused Products include “the coupling layer
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`is directly between the nucleation host and the storage layer.” The Accused Products, such as the
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`Western Digital WD80EFX (8TB), have a coupling layer that is directly between the nucleation
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`host and the storage layer, as shown by the energy dispersive x-ray (EDX) chemical analysis of
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`layers of the Western Digital WD80EFX (8TB).
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`15
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`Case 6:22-cv-00612-ADA Document 1 Filed 06/13/22 Page 16 of 58
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`Thus, the Western Digital WD80EFX (8TB) has a coupling layer that is directly between the
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`nucleation host and the storage layer.
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`32.
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`Based on information and belief, the Accused Products, including the Western
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`Digital WD80EFX (8TB), include: “the coupling between the nucleation host and the hard
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`magnetic storage layer is ferromagnetic.”
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`33.
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`By making, using, offering for sale, selling and/or importing into the United States
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`the Accused Products, Defendant has injured Plaintiff and is liable for infringement of the ’413
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`Patent pursuant to 35 U.S.C. § 271.
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`34.
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`As a result of Defendant’s infringement of the ’413 Patent, Plaintiff is entitled to
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`monetary damages in an amount adequate to compensate for Defendant’s infringement, but in no
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`event less than a reasonable royalty for the use made of the invention by Defendant, together with
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`interest and costs as fixed by the Court.
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`16
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`Case 6:22-cv-00612-ADA Document 1 Filed 06/13/22 Page 17 of 58
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`COUNT II
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`INFRINGEMENT OF U.S. PATENT NO. 11,133,031
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`35.
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`Plaintiff realleges and incorporates by reference the foregoing paragraphs as if fully
`
`set forth herein.
`
`36. MR Technologies is the owner and assignee of United States Patent No. 11,133,031
`
`titled “Multilayer exchange spring recording media.” The ‘031 Patent was duly and legally issued
`
`by the United States Patent and Trademark Office on September 28, 2021. MR Technologies is
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`the owner and assignee, possessing all substantial rights, to the ’031 Patent. A true and correct
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`copy of the ’031 Patent is attached as Exhibit 2.
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`37.
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`Defendant makes, uses, offers for sale, sells, and/or imports into the United States
`
`certain products and services that directly infringe, literally and/or under the doctrine of
`
`equivalents, one or more claims of the ’031 Patent, and continue to do so. By way of illustrative
`
`example, these infringing products and services include, without limitation, Defendant’s magnetic
`
`hard disk drives, including, for example, the Western Digital WD80EFX (8TB), and all versions
`
`and variations thereof since the issuance of the ’031 Patent (“Accused Products”).
`
`38.
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`Defendant has had knowledge of the ’031 patent from a date no later than October
`
`14, 2021. Defendant has known how the Accused Products are made and has known, or has been
`
`willfully blind to the fact, that making, using, offering to sell, and selling the accused products
`
`within the United States, or importing the Accused Products into the United States, would
`
`constitute infringement.
`
`39.
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`Defendant has induced, and continues to induce, infringement of the ’031 patent by
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`actively encouraging others (including distributors and end customers) to use, offer to sell, sell,
`
`and import the Accused Products. On information and belief, these acts include providing
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`
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`17
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`Case 6:22-cv-00612-ADA Document 1 Filed 06/13/22 Page 18 of 58
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`information and instructions on the use of the Accused Products; providing information, education
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`and instructions supporting sales by distributors; providing the Accused Products to distributors;
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`and indemnifying patent infringement within the United States.
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`40.
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`Defendant has also infringed, and continue to infringe, claims of the ‘031 patent by
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`offering to commercially distribute, commercially distributing, making, and/or importing the
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`Accused Products, which are used in practicing the process, or using the systems, of the patent,
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`and constitute a material part of the invention. Defendant knows the components in the Accused
`
`Products to be especially made or especially adapted for use in infringement of the patent, not a
`
`staple article, and not a commodity of commerce suitable for substantial noninfringing use.
`
`Accordingly, Defendant has been, and currently are, contributorily infringing the ’031 patent, in
`
`violation of 35 U.S.C. § 271(c).
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`41.
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`Based on information and belief, the Accused Products satisfy all claim limitations
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`of one or more claims of the ’031 Patent. For example, the Accused Products infringe claim 1 of
`
`the ’031 Patent. One, non-limiting, example of the Accused Products infringement is presented
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`below.
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`42.
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`Based on information and belief, the Accused Products include: “A magnetic
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`recording system.” For example, the Accused Products, including the Western Digital WD80EFX
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`(8TB), have a magnetic recording system. https://www.westerndigital.com/products/internal-
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`drives/wd-red-pro-sata-hdd#WD8003FFBX
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`18
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`Case 6:22-cv-00612-ADA Document 1 Filed 06/13/22 Page 19 of 58
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`Based on information and belief, the Accused Products include: “a writing head.”
`43.
`For example,
`the Western Digital WD80EFX
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`includes a writing head.
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`(8TB)
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`https://www.westerndigital.com/products/internal-drives/wd-red-pro-sata-hdd#WD8003FFBX
`Based on information and belief, the Accused Products include: “a disk, including
`44.
`a magnetic recording medium.” The Western Digital WD80EFX (8TB) includes a disk, including
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`a magnetic recording medium. https://www.westerndigital.com/products/internal-drives/wd-red-
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`pro-sata-hdd#WD8003FFBX
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`45.
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`Based on information and belief, the Accused Products include” “an essentially
`
`non-magnetic substrate.” For example, the Accused Products, including the Western Digital
`
`WD80EFX (8TB), have a non-magnetic substrate, as demonstrated by a paper written by engineers
`
`at Western Digital, which describes a disk in a HDD product having a non-magnetic substrate,
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`
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`19
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`Case 6:22-cv-00612-ADA Document 1 Filed 06/13/22 Page 20 of 58
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`such as glass.
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`46.
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`Based on information and belief, the Accused Products include: “a magnetic
`
`bilayer.” For example, energy dispersive x-ray (EDX) chemical analysis of layers of the Western
`
`Digital WD80EFX (8TB) shows a magnetic bilayer.
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`20
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`Case 6:22-cv-00612-ADA Document 1 Filed 06/13/22 Page 21 of 58
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`
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`More specifically, the ruthenium (“Ru”) peak at about 7-8 nm demonstrates two distinct layers, as
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`Ru, either alone or with other materials, is widely used to provide exchange coupling between
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`magnetic layers. Therefore, there is a “bilayer structure”. The average oxygen (“O”) concentration
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`in the two distinct layers (nucleation host and storage layer) is significantly different. Thus, the
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`Accused Products, including the Western Digital WD80EFX (8TB), have a magnetic bilayer.
`
`47.
`
`Based on information and belief, the Accused Products include: “the magnetic
`
`bilayer including a granular hard magnetic storage layer with perpendicular anisotropy having a
`
`coercive field of Hs without another magnetic layer and a thickness between 3 nm and 30 nm.” For
`
`example, the Western Digital WD80EFX (8TB) has a magnetic bilayer including a granular hard
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`magnetic storage layer with perpendicular anisotropy having a coercive field of Hs without another
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`magnetic layer and a thickness between 3 nm and 30 nm.
`
`48.
`
`The granular oxide layer is a granular hard magnetic storage layer. The formula
`
`from the ‘413 patent (at col. 6, line 54) provides an equation for a coercive field, Hc = 2*Keff/Ms
`
`(where Hc also is referred to as Hs). As shown in IEEE Transactions of Magnetics (July 2009), at
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`
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`21
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`Case 6:22-cv-00612-ADA Document 1 Filed 06/13/22 Page 22 of 58
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`
`
`p. 2694 (excerpted below), a granular oxide layer has values of Ms ~ 380 emu/cm³ = 0.47T and
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`Keff ~ 3.1x106 erg/cm³ = 0.31e6 J/m³, and therefore has a coercive field Hc = 2*Keff/Ms = 1.6T.
`
`Thus, the Western Digital WD80EFX (8TB) has a granular hard magnetic storage layer with
`
`perpendicular anisotropy having a coercive field of Hs without another magnetic layer.
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`
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`
`
`49.
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`In addition, an energy dispersive x-ray (EDX) chemical analysis of layers of the
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`Western Digital WD80EFX (8TB) shows that the granular hard magnetic layer has a thickness
`
`between 3nm and 30 nm:
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`
`
`22
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`Case 6:22-cv-00612-ADA Document 1 Filed 06/13/22 Page 23 of 58
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`
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`
`
`50.
`
`Thus, the Accused Products, including the Western Digital WD80EFX (8TB), have
`
`a storage layer with a thickness of between 3 and 30 nm.
`
`51.
`
`Based on information and belief, the Accused Products include: “the magnetic
`
`bilayer including … a granular hard magnetic nucleation host with perpendicular anisotropy,
`
`disposed on the hard magnetic storage layer in a columnar manner, having a coercive field Hn
`
`without the hard magnetic storage layer, wherein 0.5 T<Hn<Hs.” The Accused Products, including
`
`the Western Digital WD80EFX (8TB), have a magnetic bilayer with a granular hard magnetic
`
`nucleation host with perpendicular anisotropy, disposed on the hard magnetic storage layer in a
`
`columnar manner, having a coercive field Hn without the hard magnetic storage layer, wherein 0.5
`
`T<Hn<Hs.
`
`52.
`
`The EDX chemical analysis of layers of the WD80EFX (8TB) shows that the
`
`average O concentration increases from a lower level in the approx. 0-7 nm nucleation host to a
`
`higher level in the approx. 9-14 nm hard storage layer, while the average chromium (“Cr”)
`
`concentration decreases from a higher level in the nucleation host to a lower level in the hard
`
`
`
`23
`
`
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`Case 6:22-cv-00612-ADA Document 1 Filed 06/13/22 Page 24 of 58
`
`
`
`storage layer. Both of these trends establish that Hn, the coercive field of the nucleation host, is
`
`lower than Hs, the coercive field of the hard storage layer: Hn<Hs. See Jung, H.S., et. al., “Effect
`
`of Oxygen Incorporation on Microstructure and Media Performance in CoCrPt-SiO2 Perpendicular
`
`Recording Media, IEEE Transactions on Magnetics, Vol. 43, No. 2, February 2007.
`
`
`
`
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`
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`24
`
`
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`Case 6:22-cv-00612-ADA Document 1 Filed 06/13/22 Page 25 of 58
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`
`
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`Jung, H.S., et. al., “Effect of Oxygen Incorporation on Microstructure and Media Performance in
`
`CoCrPt-SiO2 Perpendicular Recording Media, IEEE Transactions on Magnetics, Vol. 43, No. 2,
`
`February 2007.
`
`53. Moreover, as shown below, both Hn and Hs are larger than 0.5 T. As demonstrated
`
`in IEEE Transactions of Magnetics (July 2009), at p. 2694 (excerpted below), Ms ~ 380 emu/cm³
`
`= 0.47T and Keff ~ 3.1x106 erg/cm³ = 0.31e6 J/m³. Using the formula from the ‘413 patent (at col.
`
`6, line 54) that coercive field, Hc = 2*Keff/Ms, and inputting the values for Ms and Keff, Hc =
`
`2*Keff/Ms = 1.6T (where Hc also is referred to as Hs).
`
`
`
`
`
`
`
`
`
`25
`
`
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`Case 6:22-cv-00612-ADA Document 1 Filed 06/13/22 Page 26 of 58
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`
`
`54.
`
`As shown, differences in O and Cr levels establish that Hn, the coercive field of the
`
`nucleation host, is lower than Hs, the coercive field of the hard storage layer: Hn<Hs. Specifically,
`
`increasing the O concentration increases the anisotropy and thus the coercive field Hc (where Hc
`
`also is referred to as Hs). The O concentration average for nucleation layer (0-7nm) in the 8TB
`
`disk: C(ox)=8%; the O concentration average for storage layer (9-14nm) in the 8TB disk:
`
`C(ox)=13%. Using a linear fit for the change of coercive field as function of the O concentration
`
`gives Hn = 2*Keff/Ms =1.4T. Thus, 0.5T<Hn(1.4T) <Hs(1.7T). Thus, both Hn and Hs are greater
`
`than 0.5 T.
`
`55.
`
`The figure below determines the relationship between coercivity and Oxygen
`
`content.
`
`
`
`
`Jung, H.S., et. al., “Effect of Oxygen Incorporation on Microstructure and Media Performance in
`
`
`
`CoCrPt-SiO2 Perpendicular Recording Media, IEEE Transactions on Magnetics, Vol. 43, No. 2,
`
`February 2007.
`
`56.
`
`The granular hard magnetic nucleation host has perpendicular anisotropy, and is
`
`disposed on the hard magnetic storage layer in a columnar manner, as demonstrated by a paper
`
`written by engineers at Western Digital, which describes a disk in a HDD product having a
`
`
`
`26
`
`
`
`Case 6:22-cv-00612-ADA Document 1 Filed 06/13/22 Page 27 of 58
`
`
`
`columnar grains.
`
`
`
`
`Based on information and belief, the Accused Products include: “the nucleation
`
`
`
`57.
`
`host has a magnetic polarization Js=µ0Ms between 0.3 T and 1.0 T.” For example, the Western
`
`Digital WD80EFX (8TB) includes a nucleation host has a magnetic polarization Js=µ0Ms between
`
`0.3 T and 1.0.
`
`58.
`
`Using the equation Js=µ0Ms, and the typical values provided in the article below,
`
`Ms = 320 emu/cm³ results in 0.402 T, while Ms of 450 emu/cm³ results in 0.565 T. Both of these
`
`
`
`27
`
`
`
`Case 6:22-cv-00612-ADA Document 1 Filed 06/13/22 Page 28 of 58
`
`
`
`results are between 0.3 T and 1.0 T.
`
`
`
`
`
`Jung, H.S., et. al., “Effect of Oxygen Incorporation on Microstructure and Media Performance in
`
`CoCrPt-SiO2 Perpendicular Recording Media, IEEE Transactions on Magnetics, Vol. 43, No. 2,
`
`February 2007.
`
`59.
`
`Based on information and belief, the Accused Products include: “the nucleation
`
`host and the hard magnetic storage layer are separated by a coupling layer between 0.1 nm and 3
`
`nm thickness.” The Accused Products, including the Western Digital WD80EFX (8TB), have a
`
`nucleation host and a hard magnetic storage layer that are separated by a coupling layer between
`
`0.1 nm and 3 nm thickness.
`
`60.
`
`An energy dispersive x-ray (EDX) chemical analysis of layers of the Western
`
`Digital WD80EFX (8TB) shows that the nucleation host and hard magnetic storage layer are
`
`separated by a coupling layer between 0.1 nm and 3 nm:
`
`
`
`28
`
`
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`Case 6:22-cv-00612-ADA Document 1 Filed 06/13/22 Page 29 of 58
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`
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`Thus, the Accused Products, including the Western Digital WD80EFX (8TB), have a nucleation
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`layer and a hard magnetic layer separated by a coupling layer of between 0.1 nm and 3 nm
`
`
`
`thickness.
`
`61.
`
`Based on information and belief, the Accused Products include: “the coupling layer
`
`is directly between the nucleation host and the storage layer.” The Accused Products, such as the
`
`Western Digital WD80EFX (8TB), have a coupling layer that is directly between the nucleation
`
`host and the storage layer, as shown by the energy dispersive x-ray (EDX) chemical analysis of
`
`layers of the Western Digital WD80EFX (8TB).
`
`
`
`29
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`
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`Case 6:22-cv-00612-ADA Document 1 Filed 06/13/22 Page 30 of 58
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`
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`
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`Thus, the Western Digital WD80EFX (8TB) has a coupling layer that is directly between the
`
`nucleation host and the storage layer.
`
`62.
`
`Based on information and belief, the Accused Products, including the Western
`
`Digital WD80EFX (8TB), include: “the coupling between the nucleation host and the hard
`
`magnetic storage layer is ferromagnetic.”
`
`63.
`
`By making, using, offering for sale, selling and/or importing into the United States
`
`the Accused Products, Defendant has injured Plaintiff and is liable for infringement of the ’031
`
`Patent pursuant to 35 U.S.C. § 271.
`
`64.
`
`As a result of Defendant’s infringement of the ’031 Patent, Plaintiff is entitled to
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`monetary damages in an amount adequate to compensate for Defendant’s infringement, but in no
`
`event less than a reasonable royalty for the use made of the invention by Defendant, together with
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`interest and costs as fixed by the Court.
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`
`
`30
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`Case 6:22-cv-00612-ADA Document 1 Filed 06/13/22 Page 31 of 58
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`
`
`COUNT III
`
`INFRINGEMENT OF U.S. PATENT NO. 9,928,864
`
`65.
`
`Plaintiff realleges and incorporates by reference the foregoing paragraphs as if fully
`
`set forth herein.
`
`66. MR Technologies is the owner and assignee of United States Patent No. 9,928,864
`
`titled “Multilayer exchange spring recording media.” The ’864 patent was duly and legally issued
`
`by the United States Patent and Trademark Office on March 27, 2018. MR Technologies is the
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`owner and assignee, possessing all substantial rights, to the ’864 Patent. A true and correct copy
`
`of the ’864 Patent is attached as Exhibit 3.
`
`67.
`
`Defendant makes, uses, offers for sale, sells, and/or imports into the United States
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`certain products and services that directly infringe, literally and/or under the doctrine of
`
`equivalents, one or more claims of the ’864 Patent, and continue to do so. By way of illustrative
`
`example, these infringing products and services include, without limitation, Defendant’s magnetic
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`hard disk drives, including, for example, the Western Digital WD60EZAZ (6TB), and all versions
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`and variations thereof since the issuance of the ’864 Patent (“Accused Products”).
`
`68.
`
` Defendant has had knowledge of the ’864 patent from a date no later than October
`
`14, 2021. Defendant has known how the Accused Products are made and have known, or have
`
`been willfully blind to the fact, that making, using, offering to sell, and selling the accused products
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`within the United States, or importing the Accused Products into the United States, would
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`constitute infringement.
`
`69.
`
`Defendant has induced, and
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