Monday, 05 December, 2011 04:35:46 PM Clerk, U.S.

District Court, ILCD IN THE UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF ILLINOIS URBANA DIVISION THE BOARD OF TRUSTEES OF THE UNIVERSITY OF ILLINOIS, Plaintiff, v. MICRON TECHNOLOGY, INC., Defendant. COMPLAINT 1. Plaintiff, The Board of Trustees of the University of Illinois (University of Illinois) is a body corporate and politic pursuant to the University of Illinois Act, 110 ILCS 305, et seq., with a principal place of business at 352 Henry Administration Building, MC-350, 506 South Wright Street, Urbana, Illinois 61801. 2. Defendant, Micron Technology, Inc. (Micron) a Delaware corporation with a principal place of business at 8000 S. Federal Way, Boise, Idaho 83716. 3. This Court has subject matter jurisdiction pursuant to 28 U.S.C. 1338. 4. Venue is proper in this Judicial District pursuant to 28 U.S.C. 1391 and 1400. This case is filed in the Urbana Division as the University of Illinois is in Champaign County. Factual Background 5. The intellectual property at issue in this case pertains to the use of deuterium in the fabrication of semiconductor devices. Jury Trial Demanded Civil No. ____________

E-FILED

6. The patents asserted in this action are U.S. Patent Nos. 5,872,387 (the 387 patent), 6,444,533 (the 533 patent), and 6,888,204 (the 204 patent) (the patents-in-suit). The 387 patent issued on February 16, 1999 (Exh. A), the 533 patent issued on September 3, 2002 (Exh. B), and the 204 patent issued on May 3, 2005. Exh. C. The University of Illinois owned the patents-in-suit by assignment throughout the period of the defendants infringing acts and still owns the patents-in-suit. 7. In 2004, the University of Illinois and Micron executed a Work Agreement where Micron acknowledged the University of Illinois proprietary interest in the subject intellectual property, and the University of Illinois agreed to treat wafers provided by Micron with the University of Illinois proprietary deuterium anneal process. Exh. D. 8. The inventors of the patents-in-suit include Drs. Joseph W. Lyding and Karl Hess. 9. Dr. Lyding is a professor in the University of Illinois Department of Electrical and Computer Engineering and a full-time faculty member in the Nanoelectronics and Biophotonics group. Dr. Lyding is a Fellow of the American Vacuum Society and APS, a Senior Member of IEEE, and recipient of the DARPA Award for Sustained Excellence. 10. Dr. Hess, now retired from the University of Illinois, is also a distinguished scientist and has been recognized for his numerous achievements, including the Heinrich Welker Award, the J.J. Ebers Award (IEEE). Dr. Hess has been elected to both the prestigious National Academy of Sciences and National Academy of Engineering.

Count I Patent Infringement 11. The University of Illinois repeats paragraphs 1-10, supra. 12. Micron has infringed the claims of the patents-in-suit by selling, offering for sale, and/or importing into the United States semiconductor products that are covered by the patented technology. 13. In February 2004, Dr. Lyding visited Micron in Idaho and gave presentations on the benefits of using the University of Illinois patent technology. 14. In May 2004, the University of Illinois and Micron entered into the aforementioned Work Agreement whereby Micron acknowledged the University of Illinois proprietary interest in the subject intellectual property, and the University of Illinois performed its proprietary processes on Microns wafer products. Ex. D. Further, the University of Illinois gave written notice of infringement to Micron. 15. Microns use of the University of Illinois patented technology constitutes acts of willful infringement. 16. The University of Illinois has been, and will continue to be, irreparably harmed by the defendants infringement.

// // //

WHEREFORE, the University of Illinois demands: a) entry of judgment against the defendant; b) an accounting for damages for Microns infringement; c) treble damages for Microns willful infringement; d) attorney fees pursuant to 35 U.S.C. 285; and e) interest and cost.

Dated: December 5, 2011 Respectfully submitted, s/ Joseph A. Grear Joseph A. Grear [Lead Attorney] Rolf O. Stadheim George C. Summerfield Keith A. Vogt Steven R. Pedersen STADHEIM & GREAR, LTD. Wrigley Building Tower 400 N. Michigan Ave., Ste. 2200 Chicago, Illinois 60611 (312) 755-4400

William J. Brinkmann THOMAS, MAMER & HAUGHEY LLP 30 Main Street, 5th Floor P.O. Box 560 Champaign, IL 61824-0560 (217) 351-1500

Attorneys for Plaintiff The Board of Trustees of the University of Illinois

JURY DEMAND The Board of Trustees of the University of Illinois demands a trial by jury on all issues triable by jury. s/ Joseph A. Grear Joseph A. Grear