Arthur B. Berger (6490) Samuel C. Straight (7638) RAY QUINNEY & NEBEKER P.C.

36 South State Street, Suite 1400 P.O. Box 45385 Salt Lake City, Utah 84145-0385 Telephone: (801) 532-1500 Facsimile: (801) 532-7543 Email: aberger@rqn.com sstraight@rqn.com Attorneys for Plaintiff Entorian Technologies L.P.

IN THE UNITED STATES DISTRICT COURT DISTRICT OF UTAH, CENTRAL DIVISION Entorian Technologies L.P., Plaintiff, vs. Fusion-io, Inc., Defendant. * * * * * * * * *

COMPLAINT

Case No. ____________ Jury Trial Demanded

Entorian Technologies L.P. (Entorian), by and through the undersigned attorneys, hereby complains of Fusion-io, Inc. (Fusion) and alleges: Parties 1. Entorian is a limited partnership organized under the laws of Texas that maintains

its principal place of business at 4030 West Braker Lane, Building 2-100, Austin, Texas 78759. 2. Upon information and belief, Fusion is a corporation organized under the laws of

Delaware, having its principal place of business at 2855 E. Cottonwood Parkway, Suite 100, Salt Lake City, Utah 84121.

Jurisdiction 3. This Court has subject matter jurisdiction over this action pursuant to 28 U.S.C.

1331 and 1338(a), because the action concerns a federal question relating to a patent arising under the Patent Act (Title 35 of the United States Code). Background 4. The United States Patent and Trademark Office on May 30, 1995, duly and

legally issued United States Patent No. 5,420,751 (the 751 patent) entitled Ultra High Density Modular Integrated Circuit Package. A true and correct copy of the 751 Patent is attached as Exhibit 1. 5. 751 patent. 6. Entorian possesses all rights of recovery under the 751 patent for past, present, Entorian is the owner by assignment of all rights, title, and interest in and to the

and future infringements. 7. On information and belief, Fusion is and has been manufacturing, using, selling,

and offering to sell solid state drives within the United States, and importing solid state drives into the United States, including without limitation solid state drives having the designation FS1003-641-CS-0001, each comprising one or more memory stacks (the Accused Products). Count for Infringement of the 751 Patent 8. Entorian realleges and incorporates by reference the allegations contained in

paragraphs 1-7. 9. On information and belief, Fusion is and has been infringing one or more claims

of the 751 Patent by the unauthorized making, using, selling, offering for sale, and/or importing 2

into the United States products embodying the patented invention, including at least the Accused Products. 10. On information and belief, Fusion is and has been contributing to the

infringement of one or more claims of the 751 Patent by the unauthorized making, using, selling, offering for sale, and/or importing into the United States products embodying the patented invention, including at least the Accused Products. 11. On information and belief, Fusion is and has been actively inducing others to

infringe one or more claims of the 751 Patent by the unauthorized making, using, selling, offering for sale, and/or importing into the United States products embodying the patented invention, including at least the Accused Products. 12. Entorian. 13. Entorian is entitled to recover monetary damages adequate to compensate for Fusions infringing activities have caused, and continue to cause, damage to

Fusions infringement of the 751 patent, but in no event less than a reasonable royalty for Fusions use made of the invention, together with interest and costs as fixed by the Court. 14. On or around April 22, 2011, Entorian gave Fusion actual notice of Fusions

infringement of the 751 patent. 15. After being notified of its infringement of the 751 patent, Fusion continued its

infringing actions by manufacturing, using, selling, offering to sell, and importing Accused Products. 16. Fusion continued its infringing actions despite an objectively high likelihood that

Fusions actions constituted infringement of the 751 patent. 3

17.

Fusions past and continuing infringement of the 751 Patent has been and is

willful and deliberate. 18. 19. This case is exceptional under 35 U.S.C. 285. Entorian is entitled to an award of enhanced damages and its attorney fees and

costs of this action. Demand for Jury Trial Entorian respectfully demands a trial by jury on all issues triable to a jury in this case. Demand for Relief WHEREFORE, Entorian respectfully demands a judgment and order from this Court: (a) Adjudging that Fusion has been and is currently infringing the 751 patent,

inducing others to infringe 751 patent, and contributing to the infringement the 751 patent; (b) (c) adjudging that Fusions infringement of the 751 Patent was and is willful; awarding Entorian damages adequate to compensate for Fusions patent

infringement, but at least a reasonable royalty for Fusions use of the patented invention, along with pre-judgment and post-judgment interest and costs; (d) awarding Entorian all other damages permitted by 35 U.S.C. 284, including

enhanced damages up to three times the amount of damages assessed; (e) (f) (g) adjudging this case exceptional within the meaning of 35 U.S.C. 285; awarding Entorian its attorneys fees, expenses, and costs of this action; requiring Fusion to provide a full accounting for infringing sales and other acts of

infringement, including an accounting for infringing sales and other acts of infringement not

presented at trial and an award by the Court of additional damages for any such infringing sales and other acts of infringement; (h) requiring Fusion to file with the Court within thirty (30) days after entry of final

judgment of this case a written statement under oath setting forth the manner in which Fusion has complied with the final judgment; and (i) and proper. DATED this 7th day of February, 2012. RAY QUINNEY & NEBEKER P.C. /s/ Arthur B. Berger Arthur B. Berger Samuel C. Straight Of counsel: J. Scott Denko (Pro Hac Vice pending) Bradley D. Coburn (Pro Hac Vice pending) Sherri A. Wilson (Pro Hac Vice pending) DENKO COBURN LAUFF LLP 1501 S MoPac Expressway, Suite A315 Austin, Texas 78746 Telephone: (512) 906-2074 Facsimile: (512) 906-2075 Email: denko@dcllegal.com coburn@dcllegal.com wilson@dcllegal.com Attorneys for Plaintiff Entorian Technologies L.P.
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granting such other and further equitable and legal relief as the Court deems just