IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION

SEMICONDUCTOR TECHNOLOGIES LLC, Civil Action No. ______________ Plaintiff, vs. MICRON TECHNOLOGY, INC. and MICRON SEMICONDUCTOR PRODUCTS, INC. Defendants. JURY TRIAL DEMANDED

ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT

This is an action for patent infringement in which Semiconductor Technologies LLC submits this Original Complaint against Micron Technology, Inc. and Micron Semiconductor Products, Inc. PARTIES 1. Semiconductor Technologies LLC (STL or Plaintiff) is a California limited

liability company with a place of business at 500 Newport Center Drive, Suite 700, Newport Beach, CA 92660. 2. Upon information and belief, Micron Technology, Inc. is a Delaware corporation

with a principal place of business in Boise, Idaho. Defendant Micron Technology, Inc. may be served with process by serving its Registered Agent, Corporation Service Company, 2711 Centerville Road, Suite 400, Wilmington, DE 19808.

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Upon information and belief, Micron Semiconductor Products, Inc. is an Idaho

corporation with a principal place of business in Boise, Idaho. Defendant Micron Semiconductor Products, Inc. may be served with process by serving its Registered Agent, Mr. Roderic W. Lewis, 8000 S. Federal Way, Boise, ID 83716-9632. Micron Technology, Inc. and Micron Semiconductor Products, Inc. are referred to collectively as Defendants or Micron. JURISDICTION AND VENUE 4. This action arises under the patent laws of the United States, Title 35 of the

United States Code. This Court has subject matter jurisdiction pursuant to 28 U.S.C. 1331 and 1338(a). On information and belief, Defendants are subject to this Courts specific and general personal jurisdiction, pursuant to due process and/or the Texas Long Arm Statute, due at least to their substantial business in this forum, including at least a portion of the infringements alleged herein. On information and belief, within this district Defendants, directly and/or through intermediaries, have advertised (including through websites), offered to sell, sold and/or distributed infringing products, and/or have induced the sale and use of infringing products. Further, on information and belief, Defendants are subject to the Courts general jurisdiction, including from regularly doing or soliciting business, engaging in other persistent courses of conduct, and/or deriving substantial revenue from goods and services provided to individuals in Texas. 5. Venue is proper in this district under 28 U.S.C. 1391(b), 1391(c) and 1400(b).

On information and belief, from and within this Judicial District each Defendant has committed at least a portion of the infringements at issue in this case. Without limitation, on information and belief, within this district Defendants, directly and/or through intermediaries, have advertised

(including through websites), offered to sell, sold and/or distributed infringing products, and/or have induced the sale and use of infringing products. COUNT I INFRINGEMENT OF U.S. PATENT NO. 6,828,242 6. STL is the exclusive licensee of United States Patent No. 6,828,242 (the 242

patent), entitled Method for Manufacturing Semiconductor Integrated Circuit Device. The 242 patent was duly and legally issued on December 7, 2004. 7. As exclusive licensee, STL holds all substantial rights in and to the 242 patent,

including, without limitation, the exclusive right to grant sublicenses, to sue for and collect past, present and future damages, and the exclusive right to seek and obtain injunctive relief or any other relief for infringement of the 242 patent. Accordingly, STL has standing to bring this lawsuit for infringement of the 242 patent. 8. On information and belief, Micron has been and is infringing the 242 patent by

actions comprising making and using the methods claimed in the 242 patent in the manufacture of semiconductor integrated circuit devices, including DRAM chips such as the Micron MT41J256M8DA-15E:H 2Gbits DDR3 SDRAM and similar chips, including practicing the steps of (a) forming a silicon film over a semiconductor substrate via a first insulating film; (b) forming a refractory metal film on the silicon film; (c) forming a second insulating film on the refractory metal film; (d) processing the second insulating film into a predetermined shape; (e) etching the refractory metal film and a predetermined thickness of a part of the silicon film where it is not covered with the predetermined shaped second insulating film so as not to expose the first insulating film; (f) selectively forming a third insulating film on a sidewall of the silicon film left below the refractory metal film, on sidewalls of the refractory metal film and on

sidewalls of the second insulating film; (g) removing a part of the silicon film not covered with the third insulating film; and (h) performing a thermal treatment to a surface of the silicon film in an oxidation atmosphere, thus forming a fourth insulating film in a sidewall of the silicon film by oxidizing a side surface of the silicon film. 9. On information and belief, Micron has been and now is infringing the 242 patent

by actions comprising importing into the United States and offering to sell, selling and using within the United States, during the term of the 242 patent, products, including DRAM chips such as the Micron MT41J256M8DA-15E:H 2Gbits DDR3 SDRAM and similar chips, which are made by the foregoing processes claimed in the 242 patent. 10. 242 patent. COUNT II INFRINGEMENT OF U.S. PATENT NO. 7,224,034 11. STL is the exclusive licensee of United States Patent No. 7,224,034 (the 034 Accordingly, on information and belief, Micron is liable for infringement of the

patent), entitled Method for Manufacturing Semiconductor Integrated Circuit Device. The 034 patent was duly and legally issued on May 29, 2007. 12. As exclusive licensee, STL holds all substantial rights in and to the 034 patent,

including, without limitation, the exclusive right to grant sublicenses, to sue for and collect past, present and future damages, and the exclusive right to seek and obtain injunctive relief or any other relief for infringement of the 034 patent. Accordingly, STL has standing to bring this lawsuit for infringement of the 034 patent. 13. On information and belief, Micron has been and now is infringing the 034 patent

by actions comprising making, using, selling, offering for sale and/or importing semiconductor

integrated circuit devices, including DRAM chips such as the Micron MT41J256M8DA-15E:H 2Gbits DDR3 SDRAM and similar chips, that comprise (a) a semiconductor substrate having a main surface; (b) a first insulating film formed on the main surface of the semiconductor substrate; (c) a silicon film formed on the first insulating film, which has a first sidewall positioned adjacent to the first insulating film and a second sidewall positioned apart from the first insulating film; (d) a refractory metal film formed above the silicon film and having a third sidewall; (e) a second insulating film formed on the second and third sidewalls; and (f) a third insulating film formed on the first sidewall, wherein the third insulating film has a first portion positioned between the first and second insulating films and a second portion positioned between the first portion and the silicon film, wherein an upper end of the second portion of the third insulating film is higher than that of the first portion of the third insulating film, and wherein a part of the silicon film is interposed between the second portion of the third insulating film and the refractory metal film. 14. On information and belief, at least since receiving notice of the 034 patent,

including at a minimum from this lawsuit, Micron is and/or has been inducing others, including without limitation manufacturers of apparatuses incorporating said DRAM chips and/or resellers of said DRAM chips, to infringe the 034 patent, including without limitation by selling, offering for sale and/or importing said DRAM chips; and further Micron is and/or has been inducing users to use said chips. 15. On information and belief, at least since receiving notice of the 034 patent,

including at a minimum from this lawsuit, Micron is and/or has been contributing to the infringement of others, including without limitation said manufacturers, resellers and/or users, including by selling, offering to sell and/or importing said DRAM chips, at a minimum knowing

the same to be especially made or especially adapted for use in an infringement of the 034 patent, and not a staple article or commodity of commerce suitable for substantial noninfringing use. 16. 034 patent. COUNT III INFRINGEMENT OF U.S. PATENT NO. 7,417,291 17. STL is the exclusive licensee of United States Patent No. 7,417,291 (the 291 Accordingly, on information and belief, Micron is liable for infringement of the

patent), entitled Method for Manufacturing Semiconductor Integrated Circuit Device. The 291 patent was duly and legally issued on August 26, 2008. 18. As exclusive licensee, STL holds all substantial rights in and to the 291 patent,

including, without limitation, the exclusive right to grant sublicenses, to sue for and collect past, present and future damages, and the exclusive right to seek and obtain injunctive relief or any other relief for infringement of the 291 patent. Accordingly, STL has standing to bring this lawsuit for infringement of the 291 patent. 19. On information and belief, Micron has been and now is infringing the 291 patent

by actions comprising making, using, selling, offering for sale and/or importing semiconductor integrated circuit devices, including DRAM chips such as the Micron MT41J256M8DA-15E:H 2Gbits DDR3 SDRAM and similar chips, that comprise (a) a semiconductor substrate having a main surface; (b) a first insulating film formed on the main surface of the semiconductor substrate; (c) a silicon film formed on the first insulating film, which has a first sidewall positioned adjacent to the first insulating film and a second sidewall positioned apart from the first insulating film; (d) a refractory metal film formed above the silicon film and having a third

sidewall; (e) a second insulating film formed over the second and third sidewall; (f) a third insulating film formed on the first sidewall; (g) a fourth insulating film formed on the refractory metal film and having a sidewall; and (h) a fifth insulating film formed over the second and third insulating film. 20. On information and belief, at least since receiving notice of the 291 patent,

including at a minimum from this lawsuit, Micron is and/or has been inducing others, including without limitation manufacturers of apparatuses incorporating said DRAM chips and/or resellers of said DRAM chips, to infringe the 291 patent, including without limitation by selling, offering for sale and/or importing said DRAM chips; and further Micron is and/or has been inducing users to use said chips. 21. On information and belief, at least since receiving notice of the 291 patent,

including at a minimum from this lawsuit, Micron is and/or has been contributing to the infringement of others, including without limitation said manufacturers, resellers and/or users, including by selling, offering to sell and/or importing said DRAM chips, at a minimum knowing the same to be especially made or especially adapted for use in an infringement of the 291 patent, and not a staple article or commodity of commerce suitable for substantial noninfringing use. 22. 291 patent. COUNT IV INFRINGEMENT OF U.S. PATENT NO.7,687,849 Accordingly, on information and belief, Micron is liable for infringement of the

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STL is the exclusive licensee of United States Patent No. 7,687,849 (the 849

patent), entitled Method for Manufacturing Semiconductor Integrated Circuit Device. The 849 patent was duly and legally issued on March 30, 2010. 24. As exclusive licensee, STL holds all substantial rights in and to the 849 patent,

including, without limitation, the exclusive right to grant sublicenses, to sue for and collect past, present and future damages, and the exclusive right to seek and obtain injunctive relief or any other relief for infringement of the 849 patent. Accordingly, STL has standing to bring this lawsuit for infringement of the 849 patent. 25. On information and belief, Micron has been and now is infringing the 849 patent

by actions comprising making, using, selling, offering for sale and/or importing semiconductor integrated circuit devices, including DRAM chips such as the Micron MT41J256M8DA-15E:H 2Gbits DDR3 SDRAM and similar chips, that comprise a semiconductor substrate having a main surface; a first insulating film formed on the main surface of the semiconductor substrate; a silicon film formed on the first insulating film, which has a first sidewall positioned adjacent to the first insulating film and a second sidewall positioned apart from the first insulating film; a refractory metal film formed above the silicon film and having a third sidewall; a second insulating film formed on the second and third sidewalls; and a third insulating film formed on the first sidewall, wherein a lower edge of the second insulating film is located not less than 10 nanometers below an upper edge of the silicon film. 26. On information and belief, at least since receiving notice of the 849 patent,

including at a minimum from this lawsuit, Micron is and/or has been inducing others, including without limitation manufacturers of apparatuses incorporating said DRAM chips and/or resellers of said DRAM chips, to infringe the 849 patent, including without limitation by selling, offering

for sale and/or importing said DRAM chips; and further Micron is and/or has been inducing users to use said chips. 27. On information and belief, at least since receiving notice of the 849 patent,

including at a minimum from this lawsuit, Micron is and/or has been contributing to the infringement of others, including without limitation said manufacturers, resellers and/or users, including by selling, offering to sell and/or importing said DRAM chips, at a minimum knowing the same to be especially made or especially adapted for use in an infringement of the 849 patent, and not a staple article or commodity of commerce suitable for substantial noninfringing use. 28. Accordingly, on information and belief, Micron is liable for infringement of

the 849 patent. COUNT V INFRINGEMENT OF U.S. PATENT NO. 7,492,661 29. STL is the exclusive licensee of United States Patent No. 7,492,661 (the 661

patent), entitled Command Generating Circuit and Semiconductor Memory Device Having the Same. The 661 patent was duly and legally issued on February 17, 2009. 30. As exclusive licensee, STL holds all substantial rights in and to the 661 patent,

including, without limitation, the exclusive right to grant sublicenses, to sue for and collect past, present and future damages, and the exclusive right to seek and obtain injunctive relief or any other relief for infringement of the 661 patent. Accordingly, STL has standing to bring this lawsuit for infringement of the 661 patent. 31. On information and belief, Micron has been and now is infringing the 661 patent

by actions comprising making, using, selling, offering for sale and/or importing semiconductor

integrated circuit devices, including DRAM chips such as the Micron MT41J128M16HA 50nm 2Gbit DDR3 SDRAM and similar chips, that comprise a command generating circuit, wherein: an operation mode signal and a bank select signal are latched to produce a latched operation mode signal and a latched bank select signal, respectively, where said latched operation mode signal and said latched bank select signal are subjected to a logical operation to generate a command. 32. On information and belief, at least since receiving notice of the 661 patent,

including at a minimum from this lawsuit, Micron is and/or has been inducing others, including without limitation manufacturers of apparatuses incorporating said DRAM chips and/or resellers of said DRAM chips, to infringe the 661 patent, including without limitation by selling, offering for sale and/or importing said DRAM chips; and further Micron is and/or has been inducing users to use said chips. 33. On information and belief, at least since receiving notice of the 661 patent,

including at a minimum from this lawsuit, Micron is and/or has been contributing to the infringement of others, including without limitation said manufacturers, resellers and/or users, including by selling, offering to sell and/or importing said DRAM chips, at a minimum knowing the same to be especially made or especially adapted for use in an infringement of the 661 patent, and not a staple article or commodity of commerce suitable for substantial noninfringing use. 34. Accordingly, on information and belief, Micron is liable for infringement of

the 661 patent.

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OTHER ALLEGATIONS 35. As a result of Defendants infringing conduct, Defendants have damaged STL.

Defendants are liable to STL in an amount that adequately compensates STL for their infringement, which, by law, can be no less than a reasonable royalty. 36. STL intends to seek discovery on the issue of willfulness, and it reserves the right

to seek a willfulness finding relative to pre-suit infringement. Further, to the extent that any Defendant who was previously unaware of the 242, 034, 291, 849 and/or 661 patents continues to infringe during the pendency of this suit, such infringement would necessarily be objectively reckless, and thus willful. 37. On information and belief, all Defendants have at least had constructive notice of

the 242, 034, 291, 849 and/or 661 patents by operation of law, and STL and any predecessors-in-interest have complied with any marking requirements of 35 U.S.C. 287 to the extent required by law. 38. As a consequence of these Defendants infringement, STL has been irreparably

damaged and such damage will continue without the issuance of an injunction from this Court. PRAYER FOR RELIEF WHEREFORE, STL respectfully requests that this Court enter: 1. A judgment in favor of STL that Defendants have infringed, directly, jointly,

and/or indirectly, by way of inducing and/or contributing to the infringement of the 242, 034, 291, 849 and/or 661 patents. 2. A judgment finding that such infringement has been and/or is willful as noted

hereinabove, thus entitling STL to enhanced damages under 35 U.S.C. 284.

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A permanent injunction enjoining these Defendants, and their officers, directors,

agents, servants, affiliates, employees, divisions, branches, subsidiaries, parents, and all others acting in active concert therewith from infringement, inducing the infringement of, or contributing to the infringement of the 242, 034, 291, 849 and/or 661 patents. 4. A judgment and order requiring the Defendants to pay STL its damages, costs,

expenses, and prejudgment and post-judgment interest for their respective infringements of the 242, 034, 291, 849 and/or 661 patents, as provided under 35 U.S.C. 284. 5. A judgment and order finding that this is an exceptional case within the meaning

of 35 U.S.C. 285 and awarding to STL its reasonable attorneys fees. 6. Any and all other relief to which STL may show itself to be entitled. DEMAND FOR JURY TRIAL Plaintiff, under Rule 38 of the Federal Rules of Civil Procedure, requests a trial by jury of any issues so triable by right. March 26, 2012 Respectfully submitted, By: /s/ Henry Pogorzelski Henry M. Pogorzelski LEAD COUNSEL Texas Bar No. 24007852 Michael J. Collins Texas Bar No. 04614510 John J. Edmonds Texas Bar No. 00789758 COLLINS, EDMONDS & POGORZELSKI, PLLC 1616 S. Voss Road, Suite 125 Houston, Texas 77057 Telephone: (281) 501-3425 Facsimile: (832) 415-2535 hpogorzelski@cepiplaw.com mcollins@cepiplaw.com jedmonds@cepiplaw.com ATTORNEYS FOR PLAINTIFF SEMICONDUCTOR TECHNOLOGIES LLC 12