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For its complaint against Defendants RF Micro Devices, Inc. ("RFMD"), Motorola
2 Mobility, Inc. ("MIMI"), and John Does 1-10 (collectively, "Defendants"), Plaintiff 3 Peregrine Semiconductor Corporation ("Peregrine") complains and alleges as follows: 4 5 NATURE OF ACTION This is an action for patent infringement arising under the patent laws of the
6 United States, Title 35 of the United States Code. Plaintiff seeks damages, attorneys' 7 fees, costs, and preliminary and permanent injunctive relief. 8 9 11 1. 10 U.S.C. 1338(a). 2. This Court has personal jurisdiction over Defendant RFMD based upon the 12 following: (a) Defendant RFMD maintains an office in the Central District of California; 13 (b) Defendant RFMD transacts substantial business in and maintains continuous and 14 systematic contacts with this District and the State of California; and (c) Defendant 15 RFMD has committed tortious acts that RFMD knew or should have known would cause 16 injury to Plaintiff in the State of California. 17 3. This Court has personal jurisdiction over Defendant MMI based upon the 18 following: (a) Defendant MMI transacts substantial business in and maintains continuous 19 and systematic contacts with this District and the State of California; (b) Defendant MMI 20 maintains offices in the State of California, (c) Defendant MN/II has committed tortious 21 acts that MMI knew or should have known would cause injury to Plaintiff in the State of 22 California, and (d) Defendant MMI has appointed an agent in this District to receive 23 service of process. 24 4. This Court has personal jurisdiction over Defendants John Does 1-10 based 25 on the following: (a) Defendants John Does 1-10 are present and/or doing business in the 26 Central District of California; and (b) Defendants John Does 1-10 have committed 27 tortious acts that they knew or should have known would cause injury to Plaintiff in the 28 State of California.
1
JURISDICTION This Court has subject matter jurisdiction over this case pursuant to 28
5.
Venue is proper in the United States District Court for the Central District of
2 California under 28 U.S.C. 1391(b), 1400(b). 3 4 6. 7. PARTIES Plaintiff Peregrine is a Delaware corporation with a principal place of
5 business at 9380 Carroll Park Drive, San Diego, California 92121. 6 Upon information and belief, Defendant RFMD is a North Carolina 7 corporation with a principal place of business at 7628 Thorndike Road, Greensboro, 8 North Carolina 27409. 9 8. Upon information and belief, Defendant MMI is a Delaware corporation 10 with a principal place of business at 600 N. US Hwy 45, Libertyville, Illinois 60048. 11 9. Defendants John Does 1-10 are parties whose identities are not yet known to 12 Peregrine. To the extent their identities become known to Plaintiff Peregrine, the John 13 Doe defendants will be named and their activities pleaded in an amended complaint. 14 15 FACTUAL ALLEGATIONS Plaintiff Peregrine is the owner by assignment of all rights, title, and interest in and
16 to United States Patent Nos. 7,910,993 (the '993 Patent"), 7,123,898 (the "898 17 Patent"), 7,460,852 (the '852 Patent"), 7,796,969 (the '969 Patent"), and 7,860,499 18 (the '499 Patent") (collectively, the "Peregrine Patents") (Exhibits A-E). The '993 19 Patent is entitled "Method and Apparatus for Use in Improving Linearity of MOSFET's 20 Using an Accumulated Charge Sink" and issued March 22, 2011. The '898 Patent is 21 entitled "Switch Circuit and Method of Switching Radio Frequency Signals" and issued 22 October 17, 2006. The '852 Patent is entitled "Switch Circuit and Method of Switching 23 Radio Frequency Signals" and issued December 2, 2008. The '969 Patent is entitled 24 "Symmetrically and Asymmetrically Stacked Transistor Group RF Switch" and issued 25 September 14, 2010. Lastly, the '499 Patent is entitled "Switch Circuit and Method of 26 Switching Radio Frequency Signals" and issued December 28, 2010. Accordingly, 27 Peregrine has standing to sue for infringement of the Asserted Patents. 28 The Asserted Patents disclose advanced integrated circuit technologies for use in
2
1 radio frequency circuits, including but not limited to radio frequency switches. Radio 2 frequency circuits practicing the Asserted Patents can be used in a variety of devices 3 including, for example, antenna tuning circuits, devices that use diversity or multiple4 input and multiple-output (MMO) antennas, and mobile wireless devices that use cellular 5 technologies and wireless local area network (WLAN) technologies. Mobile wireless 6 devices that use radio frequency circuits practicing the Asserted Patents may (a) transmit 7 and/or receive wireless signals more efficiently while consuming less power, (b) be 8 smaller in size because the Asserted Patents disclose techniques that allow the integration 9 of functions that previously had to be handled by separate components, and (c) be less 10 expensive to manufacture due to the ability to leverage the established global 11 Complimentary Metal Oxide Semiconductor ("CMOS") manufacturing infrastructure, 12 rather than needing to rely on the more specialized manufacturing processes required by 13 the devices that utilized previously available technologies and techniques. After 14 significant investments in research and development, engineering, labor, plant and 15 equipment, manufacturing and marketing, Peregrine-branded radio frequency switches 16 that practice the Asserted Patents have been selected for use in wireless handsets by 17 many of the leading wireless handset manufacturers including Apple, LG, Nokia, 18 Samsung, and Sony Ericsson. 19 Upon information and belief, RFMD has and continues to infringe, contributorily 20 infringe, and/or induce infringement of the Asserted Patents by knowingly and actively 21 (1) making, having made, importing, using, offering for sale and/or selling products that 22 infringe one or more claims of the Asserted Patents, including integrated circuits with 23 integrated circuit die markings M1D1604 and M1D1293 such as RF1603, RF1604, and 24 RF 1293, (2) inducing others to do the same, and (3) contributing to the manufacture, 25 import, use, sale, or offer for sale products that infringe one or more claims of the 26 Asserted Patents. In addition, upon information and belief, MME has and continues to 27 infringe, contributorily infringe, and/or induce infringement of the Asserted Patents by 28 knowingly and actively (1) making, having made, importing, using, offering for sale
3
1 and/or selling products that infringe one or more claims of the Asserted Patents, 2 including MMI's DROID RAZR and DROID BIONIC handsets (Model Nos. XT912 and 3 XT875, respectively), both of which contain RF1603, which contains integrated circuit 4 die marking M1D1604, (2) inducing others to do the same, and (3) contributing to the 5 manufacture, import, use, sale, or offer for sale products that infringe one or more claims 6 of the Asserted Patents. The RF1603, RF 1604, RF1293, DROID RAZR handset, and 7 DROID BIONIC handset infringe at least claims 14-16 and 23-25 of the '993 Patent, 8 claims 1-3, 5-7, and 15 of the '898 Patent, claims 1-4, 7, 13, 14, 20, 22, 24, and 25 of the 9 `852 Patent, claims 6-8 and 29-30 of the '969 Patent, and claims 1, 3, 5 and 6 of the '499 10 Patent. 11 12 13 15 10. 11. 14 set forth herein. Plaintiff Peregrine is the owner by assignment of all rights, title, and interest 16 in and to the '993 Patent. Peregrine therefore has standing to sue for infringement of the 17 `993 Patent. 18 12. Upon information and belief, Defendants have infringed and continue to 19 infringe the '993 Patent by knowingly and actively making, having made, importing, 20 using, offering to sell, or selling products that infringe one or more claims of the '993 21 Patent, including but not limited to certain integrated circuits (including those with 22 integrated circuit die markings M1D1604 and M1D1293 such as RF1603, RF1604, and 23 RF 1293, which are marketed and sold by RFMD), components thereof, and/or devices 24 using certain integrated circuits or components thereof (such as MMI's DROID RAZR 25 and DROID BIONIC handsets, which are marketed and sold by MMI) that incorporate, 26 without license, the inventions developed by Peregrine and protected by one or more 27 claims in the '993 Patent, or by knowingly and actively inducing or contributing to the 28 infringement of the '993 Patent by others.
4
FIRST CAUSE OF ACTION (Infringement of the '993 Patent) Plaintiff incorporates the allegations in the preceding paragraphs as if fully
1 2 4
Plaintiff Peregrine has complied with 35 U.S.C. 287. As a direct and proximate result of Defendants' infringement, Plaintiff As a result of the harm suffered as alleged herein, Plaintiff Peregrine is
3 Peregrine has suffered, and will continue to suffer, injury. 5 entitled to all of the remedies available under the Patent Act, including damages adequate 6 to compensate it for such infringement, but in no event less than a reasonable royalty, 7 costs and attorneys' fees. 8 9 10 16. 11 set forth herein. 12 17. Plaintiff Peregrine is the owner by assignment of all rights, title, and interest 13 in and to the '898 Patent. Peregrine therefore has standing to sue for infringement of the 14 `898 Patent. 15 18. Upon information and belief, Defendants have infringed and continue to 16 infringe the '898 Patent by knowingly and actively making, having made, importing, 17 using, offering to sell, or selling products that infringe one or more claims of the '898 18 Patent, including but not limited to certain integrated circuits (including those with 19 integrated circuit die markings M1D1604 and M1D1293 such as RF1603, RF1604, and 20 RF1293, which are marketed and sold by RFMD), components thereof, and/or devices 21 using certain integrated circuits or components thereof (such as MIVII's DROID RAZR 22 and DROID BIONIC handsets, which are marketed and sold by MMI) that incorporate, 23 without license, the inventions developed by Peregrine and protected by one or more 24 claims in the '898 Patent, or by knowingly and actively inducing or contributing to the 25 infringement of the '898 Patent by others. 26 27 19. 20. Plaintiff Peregrine has complied with 35 U.S.C. 287. As a direct and proximate result of Defendants' infringement, Plaintiff
5
SECOND CAUSE OF ACTION (Infringement of the '898 Patent) Plaintiff incorporates the allegations in the preceding paragraphs as if fully
2 entitled to all of the remedies available under the Patent Act, including damages adequate 3 to compensate it for such infringement, but in no event less than a reasonable royalty, 4 costs and attorneys' fees. 5 6 7 22. 8 set forth herein. 9 23. Plaintiff Peregrine is the owner by assignment of all rights, title, and interest 10 in and to the '852 Patent. Peregrine therefore has standing to sue for infringement of the 11 `852 Patent. 12 24. Upon information and belief, Defendants have infringed and continue to 13 infringe the '852 Patent by knowingly and actively making, having made, importing, 14 using, offering to sell, or selling products that infringe one or more claims of the '852 15 Patent, including but not limited to certain integrated circuits (including those with 16 integrated circuit die markings M1D1604 and M1D1293 such as RF1603, RF1604, and 17 RF1293, which are marketed and sold by RFMD), components thereof, and/or devices 18 using certain integrated circuits or components thereof (such as MMI's DROID RAZR 19 and DROID BIONIC handsets, which are marketed and sold by MMI) that incorporate, 20 without license, the inventions developed by Peregrine and protected by one or more 21 claims in the '852 Patent, or by knowingly and actively inducing or contributing to the 22 infringement of the '852 Patent by others. 23 24 25. 26. Plaintiff Peregrine has complied with 35 U.S.C. 287. As a direct and proximate result of Defendants' infringement, Plaintiff THIRD CAUSE OF ACTION (Infringement of the '852 Patent) Plaintiff incorporates the allegations in the preceding paragraphs as if fully
25 Peregrine has suffered, and will continue to suffer, injury. 26 27. As a result of the harm suffered as alleged herein, Plaintiff Peregrine is 27 entitled to all of the remedies available under the Patent Act, including damages adequate 28 to compensate it for such infringement, but in no event less than a reasonable royalty,
6
22 Peregrine has suffered, and will continue to suffer, injury. 23 33. As a result of the harm suffered as alleged herein, Plaintiff Peregrine is 24 entitled to all of the remedies available under the Patent Act, including damages adequate 25 to compensate it for such infringement, but in no event less than a reasonable royalty, 26 costs and attorneys' fees. 27 111 28 / / /
7
1
2 3 34. 4 set forth herein. 5 35.
FIFTH CAUSE OF ACTION (Infringement of the '499 Patent) Plaintiff incorporates the allegations in the preceding paragraphs as if fully Plaintiff Peregrine is the owner by assignment of all rights, title, and interest
6 in and to the '499 Patent. Peregrine therefore has standing to sue for infringement of the 7 `499 Patent. 8 36. Upon information and belief, Defendants have infringed and continue to 9 infringe the '499 Patent by knowingly and actively making, having made, importing, 10 using, offering to sell, or selling products that infringe one or more claims of the '499 11 Patent, including but not limited to certain integrated circuits (including those with 12 integrated circuit die markings M1D1604 and M1D1293 such as RF1603, RF1604, and 13 RF 1293, which are marketed and sold by RFMD), components thereof, and/or devices 14 using certain integrated circuits or components thereof (such as MMI's DROID RAZR 15 and DROID BIONIC handsets, which are marketed and sold by MMI) that incorporate, 16 without license, the inventions developed by Peregrine and protected by one or more 17 claims in the '499 Patent, or by knowingly and actively inducing or contributing to the 18 infringement of the '499 Patent by others. 19 20 37. 38. Plaintiff Peregrine has complied with 35 U.S.C. 287. As a direct and proximate result of Defendants' infringement, Plaintiff
21 Peregrine has suffered, and will continue to suffer, injury. 22 39. As a result of the harm suffered as alleged herein, Plaintiff Peregrine is 23 entitled to all of the remedies available under the Patent Act, including damages adequate 24 to compensate it for such infringement, but in no event less than a reasonable royalty, 25 costs and attorneys' fees. 26 27 28 following relief:
8
PRAYER FOR RELIEF WHEREFORE, Plaintiff Peregrine respectfully prays that the Court grant the
1
3
A.
2 Defendants; B. A preliminary and permanent injunction prohibiting the Defendants, their 4 respective officers, agents, servants, employees and/or all persons acting in concert or 5 participation with them, or any of them, from engaging in further infringement and/or 6 acts of infringement and inducement of the Peregrine Patent; 7 C. An award of damages adequate to compensate Plaintiff Peregrine for the 8 infringement, as well as prejudgment interest from the date the infringement began, but 9 in no event less than a reasonable royalty as permitted by 35 U.S.C. 285; 10 12 D. E. A finding that, to the extent the Defendants knew of their infringing An award of treble damages for the period of any willful infringement 11 activities, the Defendants' infringement was willful; 13 pursuant to 35 U.S.C. 284; 14 F. A finding that this case is exceptional and an award of interest, costs and 15 attorneys' fees incurred by Plaintiff Peregrine in prosecuting this action as provided by 16 35 U.S.C. 285; and 17 G. H. For any other orders necessary to accomplish complete justice between the 18 parties; and 19 For such other and further relief as this Court or a jury may deem just and 20 proper. 21 22 23 DATED: February 14, 2012 24 25 26 27 28 By Allan Z. Litovsky Michaele N. Turnage Young Attorneys for Plaintiff, Peregrine Semiconductor Corporation
9
JURY DEMAND
Plaintiff Peregrine demands a trial by jury on all issues triable by jury. GREENBERG TRAURIG, LLP
Exhibit A
Exhibit "A" Page 10
Exhibit B
Exhibit "B" Page 61
Exhibit C
Exhibit "C" Page 93
ryDAr,Ir,tQlWHrSlttI-lHjD'stUP:.&jEqnjilEjmUEQPtqS
I]IIITED STATES DEPARTMENT OF COMMERCE
United States Patent and Trademark Office February 01, 2012
THIS IS TO CERTIFY THAT INEXED HERETO IS A TRUE COPY FROM THE RECORDS OF THIS OFFICE OF:
By Authority of the
Under Secretary of Commerce for Intellectual Property and Drector of the United States Patent and Trademark Office
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4/1991 Aysli et 1. 5/1994 Schindler 5/1995 Bgercr et al. (Continued)
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(73) Assigtree: Peregrine Semiconductor Corpotation, San Diego, C (JS)
(*) Notice:
JP
A-55-75348
6/1980
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a2)
(65)
Ffed:
0.5 .m CMOS T/R Switch for 900-MHz Wireless Applicalions"; IEEE Jouma] of Solid-Stzte Crcuits, vol. 36, No. 3. Mr.
Hug,
'A
2001,W.4A6492. (Continued) Primary Examiner-Bih K Tieu Q4) Attoftey, Agent, or Firm-Jaqtez & Associates;
J. Jaquez, Esq.
US 2007i0120103
A1
Mafin
Relted U.S. Application Data (63) Contiauation of application No. 10/922,135, filed on Ag. 18,2004, trow Pal. No. 7,123,898, which is a continuation of application No. 10/267,531, filed o OcL 8, 2002, now Pat. No. 6,804,502. Prcvisional applicatio No. 60/328,353, filed on Oct.
10, 2001.
(5',7)
An RF switch cicuit
ABSTRACT
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(60)
(51)
Int. Cl.
Field of Classificatlon Search ................ 455/26.1, 455n8, 333, 425, 550.1, 556. 1, 560; 257 280 281,
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A A A 5,512,040 A, 5,59.205 A 5,600,169 A 5.663.570 A 5,111,530 A 5,801,577 A 5,861.33 A 5,863,823 5.883,196 A 5.895.957 A 5,920,233 5,910.63E ^ A 5,945,A67 A 5,973,363 A 59n3a2 A 6,057.555 A 6,066,993 A 6,563,366 81 6,642,57A Bl
5,492,451 5,54E,239 5,553,295
Makioka, et al., "Super Self-Aligned GaAs RF Swirch IC with 0.25 dB Exbemely Lo\r Itrsfftio Loss fo Mobile Commlnicatio Systems", IEEE Trasactios on Electo[ Devics, vol. 48, No. 8, Aug.
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Rodgers, t 1., "Silicon UTSi CMOS R.FIC for CDMA Wirelss Communicatios Systems", Prgtie Semicoductol Corporation, 1999 IEEE MTT-S Digest. Megled, et al, 'Low Cost UTSI Tech1ogy for RF Wireless Appl! calons", Peregrin Semiconducto Copontio, 1998 IEEE MTT-S Digest. Jobson, et al., 'Advaaced Tlin-Filrn Silcon,on-Saphire Techrology: Micowave Circtut Applications", IEEE Trsactions on Elecfron Devices, vol.45, No. 5, May 1998, pp. 104?-1054, Mark L. Burgene! "CMOS SOS Switches Ofrer UstuI Ieatues, High Intgrarior", CMOS SOS Switches, Micowaves & RF, Aug.
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