NATURE OF ACTION - STPI訂購電子資源 - DataBases …cdnet.stpi.narl.org.tw/techroom/pclass/complaint... · · 2014-08-05For its complaint against Defendants RF Micro Devices,

For its complaint against Defendants RF Micro Devices, Inc. ("RFMD"), Motorola

Mobility, Inc. ("MIMI"), and John Does 1-10 (collectively, "Defendants"), Plaintiff

Peregrine Semiconductor Corporation ("Peregrine") complains and alleges as follows:

NATURE OF ACTION

This is an action for patent infringement arising under the patent laws of the

United States, Title 35 of the United States Code. Plaintiff seeks damages, attorneys'

fees, costs, and preliminary and permanent injunctive relief.

JURISDICTION

1. This Court has subject matter jurisdiction over this case pursuant to 28

U.S.C. § 1338(a).

2. This Court has personal jurisdiction over Defendant RFMD based upon the

following: (a) Defendant RFMD maintains an office in the Central District of California;

(b) Defendant RFMD transacts substantial business in and maintains continuous and

systematic contacts with this District and the State of California; and (c) Defendant

RFMD has committed tortious acts that RFMD knew or should have known would cause

injury to Plaintiff in the State of California.

3. This Court has personal jurisdiction over Defendant MMI based upon the

following: (a) Defendant MMI transacts substantial business in and maintains continuous

and systematic contacts with this District and the State of California; (b) Defendant MMI

maintains offices in the State of California, (c) Defendant MN/II has committed tortious

acts that MMI knew or should have known would cause injury to Plaintiff in the State of

California, and (d) Defendant MMI has appointed an agent in this District to receive

service of process.

4. This Court has personal jurisdiction over Defendants John Does 1-10 based

on the following: (a) Defendants John Does 1-10 are present and/or doing business in the

Central District of California; and (b) Defendants John Does 1-10 have committed

tortious acts that they knew or should have known would cause injury to Plaintiff in the

State of California.1

COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF

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5. Venue is proper in the United States District Court for the Central District of

California under 28 U.S.C. §§ 1391(b), 1400(b).

PARTIES

6. Plaintiff Peregrine is a Delaware corporation with a principal place of

business at 9380 Carroll Park Drive, San Diego, California 92121.

7. Upon information and belief, Defendant RFMD is a North Carolina

corporation with a principal place of business at 7628 Thorndike Road, Greensboro,

North Carolina 27409.

8. Upon information and belief, Defendant MMI is a Delaware corporation

with a principal place of business at 600 N. US Hwy 45, Libertyville, Illinois 60048.

9. Defendants John Does 1-10 are parties whose identities are not yet known to

Peregrine. To the extent their identities become known to Plaintiff Peregrine, the John

Doe defendants will be named and their activities pleaded in an amended complaint.

FACTUAL ALLEGATIONS

Plaintiff Peregrine is the owner by assignment of all rights, title, and interest in and

to United States Patent Nos. 7,910,993 (the '993 Patent"), 7,123,898 (the "898

Patent"), 7,460,852 (the '852 Patent"), 7,796,969 (the '969 Patent"), and 7,860,499

(the '499 Patent") (collectively, the "Peregrine Patents") (Exhibits A-E). The '993

Patent is entitled "Method and Apparatus for Use in Improving Linearity of MOSFET's

Using an Accumulated Charge Sink" and issued March 22, 2011. The '898 Patent is

entitled "Switch Circuit and Method of Switching Radio Frequency Signals" and issued

October 17, 2006. The '852 Patent is entitled "Switch Circuit and Method of Switching

Radio Frequency Signals" and issued December 2, 2008. The '969 Patent is entitled

"Symmetrically and Asymmetrically Stacked Transistor Group RF Switch" and issued

September 14, 2010. Lastly, the '499 Patent is entitled "Switch Circuit and Method of

Switching Radio Frequency Signals" and issued December 28, 2010. Accordingly,

Peregrine has standing to sue for infringement of the Asserted Patents.

The Asserted Patents disclose advanced integrated circuit technologies for use in2


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radio frequency circuits, including but not limited to radio frequency switches. Radio

frequency circuits practicing the Asserted Patents can be used in a variety of devices

including, for example, antenna tuning circuits, devices that use diversity or multiple-

input and multiple-output (MMO) antennas, and mobile wireless devices that use cellular

technologies and wireless local area network (WLAN) technologies. Mobile wireless

devices that use radio frequency circuits practicing the Asserted Patents may (a) transmit

and/or receive wireless signals more efficiently while consuming less power, (b) be

smaller in size because the Asserted Patents disclose techniques that allow the integration

of functions that previously had to be handled by separate components, and (c) be less

expensive to manufacture due to the ability to leverage the established global

Complimentary Metal Oxide Semiconductor ("CMOS") manufacturing infrastructure,

rather than needing to rely on the more specialized manufacturing processes required by

the devices that utilized previously available technologies and techniques. After

significant investments in research and development, engineering, labor, plant and

equipment, manufacturing and marketing, Peregrine-branded radio frequency switches

that practice the Asserted Patents have been selected for use in wireless handsets by

many of the leading wireless handset manufacturers including Apple, LG, Nokia,

Samsung, and Sony Ericsson.

Upon information and belief, RFMD has and continues to infringe, contributorily

infringe, and/or induce infringement of the Asserted Patents by knowingly and actively

(1) making, having made, importing, using, offering for sale and/or selling products that

infringe one or more claims of the Asserted Patents, including integrated circuits with

integrated circuit die markings M1D1604 and M1D1293 such as RF1603, RF1604, and

RF 1293, (2) inducing others to do the same, and (3) contributing to the manufacture,

import, use, sale, or offer for sale products that infringe one or more claims of the

Asserted Patents. In addition, upon information and belief, MME has and continues to

infringe, contributorily infringe, and/or induce infringement of the Asserted Patents by

knowingly and actively (1) making, having made, importing, using, offering for sale3


and/or selling products that infringe one or more claims of the Asserted Patents,

including MMI's DROID RAZR and DROID BIONIC handsets (Model Nos. XT912 and

XT875, respectively), both of which contain RF1603, which contains integrated circuit

die marking M1D1604, (2) inducing others to do the same, and (3) contributing to the

manufacture, import, use, sale, or offer for sale products that infringe one or more claims

of the Asserted Patents. The RF1603, RF 1604, RF1293, DROID RAZR handset, and

DROID BIONIC handset infringe at least claims 14-16 and 23-25 of the '993 Patent,

claims 1-3, 5-7, and 15 of the '898 Patent, claims 1-4, 7, 13, 14, 20, 22, 24, and 25 of the

`852 Patent, claims 6-8 and 29-30 of the '969 Patent, and claims 1, 3, 5 and 6 of the '499

Patent.

FIRST CAUSE OF ACTION

(Infringement of the '993 Patent)

10. Plaintiff incorporates the allegations in the preceding paragraphs as if fully

set forth herein.

11. Plaintiff Peregrine is the owner by assignment of all rights, title, and interest

in and to the '993 Patent. Peregrine therefore has standing to sue for infringement of the

`993 Patent.

12. Upon information and belief, Defendants have infringed and continue to

infringe the '993 Patent by knowingly and actively making, having made, importing,

using, offering to sell, or selling products that infringe one or more claims of the '993

Patent, including but not limited to certain integrated circuits (including those with


RF 1293, which are marketed and sold by RFMD), components thereof, and/or devices

using certain integrated circuits or components thereof (such as MMI's DROID RAZR

and DROID BIONIC handsets, which are marketed and sold by MMI) that incorporate,

without license, the inventions developed by Peregrine and protected by one or more

claims in the '993 Patent, or by knowingly and actively inducing or contributing to the

infringement of the '993 Patent by others.4


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13. Plaintiff Peregrine has complied with 35 U.S.C. § 287.

14. As a direct and proximate result of Defendants' infringement, Plaintiff

Peregrine has suffered, and will continue to suffer, injury.

15. As a result of the harm suffered as alleged herein, Plaintiff Peregrine is

entitled to all of the remedies available under the Patent Act, including damages adequate

to compensate it for such infringement, but in no event less than a reasonable royalty,

costs and attorneys' fees.

SECOND CAUSE OF ACTION



set forth herein.



`898 Patent.






RF1293, which are marketed and sold by RFMD), components thereof, and/or devices

using certain integrated circuits or components thereof (such as MIVII's DROID RAZR




infringement of the '898 Patent by others.



Peregrine has suffered, and will continue to suffer, injury.5


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THIRD CAUSE OF ACTION



set forth herein.



`852 Patent.

















to compensate it for such infringement, but in no event less than a reasonable royalty,6


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FOURTH CAUSE OF ACTION



set forth herein.



`969 Patent.



















111

/ / /7


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FIFTH CAUSE OF ACTION



set forth herein.



`499 Patent.






RF 1293, which are marketed and sold by RFMD), components thereof, and/or devices













PRAYER FOR RELIEF

WHEREFORE, Plaintiff Peregrine respectfully prays that the Court grant the

following relief:8


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A. The entry of judgment in favor of Plaintiff Peregrine and against the

Defendants;

B. A preliminary and permanent injunction prohibiting the Defendants, their

respective officers, agents, servants, employees and/or all persons acting in concert or

participation with them, or any of them, from engaging in further infringement and/or

acts of infringement and inducement of the Peregrine Patent;

C. An award of damages adequate to compensate Plaintiff Peregrine for the

infringement, as well as prejudgment interest from the date the infringement began, but

in no event less than a reasonable royalty as permitted by 35 U.S.C. § 285;

D. A finding that, to the extent the Defendants knew of their infringing

activities, the Defendants' infringement was willful;

E. An award of treble damages for the period of any willful infringement

pursuant to 35 U.S.C. § 284;

F. A finding that this case is exceptional and an award of interest, costs and

attorneys' fees incurred by Plaintiff Peregrine in prosecuting this action as provided by

35 U.S.C. § 285; and

G. For any other orders necessary to accomplish complete justice between the

parties; and

H. For such other and further relief as this Court or a jury may deem just and

proper.

JURY DEMAND

Plaintiff Peregrine demands a trial by jury on all issues triable by jury.

DATED: February 14, 2012 GREENBERG TRAURIG, LLP

ByAllan Z. LitovskyMichaele N. Turnage YoungAttorneys for Plaintiff,Peregrine Semiconductor Corporation

9


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Exhibit “A”Exhibit "A" Page 10

Exhibit "A" Page 11

Exhibit "A" Page 12

Exhibit "A" Page 13

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Exhibit "A" Page 54

Exhibit "A" Page 55

Exhibit "A" Page 56

Exhibit "A" Page 57

Exhibit "A" Page 58

Exhibit "A" Page 59

Exhibit "A" Page 60

Exhibit “B”Exhibit "B" Page 61

Exhibit "B" Page 62

Exhibit "B" Page 63

Exhibit "B" Page 64

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Exhibit "B" Page 92

Exhibit “C”Exhibit "C" Page 93

ryDAr,Ir,tQlWHrSlttI-lHjD'stUP:.&jEqnjilEjËmUEQPÀtqSI]IIITED STATES DEPARTMENT OF COMMERCE

United States Patent and Trademark Office

February 01, 2012

THIS IS TO CERTIFY THAT À¡INEXED HERETO IS A TRUE COPY FROMTHE RECORDS OF THIS OFFICE OF:

U.S. PATENT: 7,460,852

ISSUE DATE: December 02,200E

By Authority of the

Under Secretary of Commerce for Intellectual Propertyand D¡rector of the United States Patent and Trademark Office

Exhibit "C" Page 94

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(12) United States PatentBurgener et al.

I lllll llllllil ril ilil uil illlt illl tilt il] ull tilt til] ilt il] il]us00746085282

(10) Påtent No.: A57,460."852B.2(45) Date ofPatent: Dec.2,2008

(54)

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(63)

SWITCE CIRCUIT ÁND METHOD OFS}VITCHING RÁDIO FREQUENCY SIGNALS

I¡ventols: Mârk L, Burgener, San Diego, CA(tJS); Jarnes S. Cable, Del l\4ar, CA(us)

Assigtree: Peregrine Semiconductor Corpotation,San Diego, CÄ (JS)

Notice: Subject to any disclaimet, the term ofthispatent is exterded or adjùsted urdet 35U.S.C. 154(b) by 0 days.

Appl. No.: U/58¿206

Ffed: Oct.16,2006

Prior Publication Datâ

US 2007i0120103 A1 May 31, 2007

Rel¿ted U.S. Application Data

Contiauation of application No. 10/922,135, filed onAùg. 18,2004, trow Pal. No. 7,123,898, which is acontinuation of application No. 10/267,531, filed oûOcL 8, 2002, now Pat. No. 6,804,502.

Prcvisional applicatioû No. 60/328,353, filed on Oct.10, 2001.

Int. Cl.II04B 1t28 (2006.0ÐH01L 26n6 (2006.0Ðrr04Q 7/20 (2006.01)rr04M u00 (2006.01)

U.S. Cl, .................... 4551333 t 455/ 425:, 4551 550.1 ;

2571241

Field of Classificatlon Search ................ 455/26.1,455n8, 333, 425, 550.1, 556. 1, 560; 257 1 280 281,

257 t341, 472See application file for complete search history

(56) Referencas Cited

U.S. PATENT DOCTIMENIS

3,699,359 A t0/r9'72 shelby4,3 t6,101 A 21982 Mi¡¡e¡5,012,123 A. 4/1991 Ayåsli et å1.

5,313,083 A 5/1994 Schindler5,416,043 A 5/1995 Bùgercr et al.

(Continued)

FOREIGN PATENT DOCUMENTS

JP A-55-75348 6/1980

(Continued)

OTHER PUBLICATIONS

Hu¿¡g, 'A 0.5 .m CMOS T/R Switch for 900-MHz Wireless Appli-calions"; IEEE Jouma] of Solid-Stzte C¡rcuits, vol. 36, No. 3. Mår.2001,W.4A6492.

(Continued)

Primary Examiner-Bi¡h K TieuQ4) Attoftey, Agent, or Firm-Jaqtez & Associates; MafinJ. Jaquez, Esq.

(5',7) ABSTRACT

An RF switch ci¡cuit a.ûd method fo¡ switchiûg RF sigoalsthat may be fabricated using coEmotr hteg¡ated circuit mâte-rials such as silico¡, particula.rly usitrg i.nsulatirg substratetecbnologies. The RF switch iûcludes switching and shuutingtransistor goupings to altematively couple RF input sigûalsúo a common RF node, each controlled by a switching cotrtrolvoltage (SW) o¡ its iDve$e (SW_), which are âpproximatelys)¡mmet¡ical about g¡ound. The tra¡sisto¡ gtoupiugs eachcomprise one or more iDsulating gate FET t¡a¡sistoN con-ûected together itr a "stacked' selies cha.Enel configumtion,which increases the breakdown voltâge acÌoss the series con-trected tr¿nsisto$ a¡d improves RF sw.iúch compression. Añrlly integmted RF switch is desc¡ibed including controllogic and a negative voltage geÀemtor with the RF switchelements. Io one embodiment, the f,rlly integ¡¿ted RF switchincludes an oscillator, a cha¡ge pump, CMOS logic circuitry,lwel-shiÍting and voltage divider circuits, and an RF buffercircuit.

27 Claims, 13 Drâving Sheets

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U.S. PAIENT DOCUMENTS

5,492,451 A 2/199ó Re€dy et al.5,54E,239 A 8/1996 Ko¡ama5,553,295 A 9/1996 Pântelakis et a.l.

5,512,040 A, I l/1996 Reedyetal.5,59ó.205 A l/I997 Reedy €L al.5,600,169 A 21997 Burgener et a1.

5.663.570 A 9/1997 Reedy eL al.5,111,530 A 71998 Nakan¡ka5,801,577 A 9/1998 T¿illi€t5,861.33ó A l/1999 Reedy et al.5,863,823 À l/1999 BurgeÀer5.883,196 A 3/1999 Reedyetal.5.895.957 A 4/1999 Reedy et al.5,920,233

^ '1/1999 Deûay

5,910.63E A 7/1999 Reedy et â1.

5,945,A67 A 8/1999 Ud¿ et al.5,973,363 A 10/1999 Srå¿b et al.59n3a2 A 10/1999 Bu¡gener et al.6,057.555 A 5/2000 R€€dy et al.6,066,993 A 5/2000 Yañ¡moto ef al.6,563,366 81 5/2003 Ko¡ama6,642,57A Bl l1l2003 Ænold et a1.

FOREIGN PÄTENT DOCUMENTS

JP A-02-161769 6/1990JP A-06-334506 12/1994JP A-08-307305 tl/t996JP A-09-2841t4 10t1997JP A-10-242829 9^99AJP A-11-1361t s/1999

OTITER PUBLICATIONS

Lå¡rterbach, et a1., "Charge Shâ¡ing Concept and New ClockiDgScheme fo¡ Power Effcienry â¡d El€chomagn€tìc BmissiotrImplovemeÀt of Boosted Clarge Pumps", IEEE JourDal of Solid-State Circuits, vol. 35, No. s,Mzy 2000,W.719-723.

Makioka, et al., "Super Self-Aligned GaAs RF Swirch IC with 0.25dB Exbemely Lo\r ItrsfftioÃ Loss fo¡ Mobile CommÌlnicatioû Sys-tems", IEEE TraûsactioÌs on Elect¡o[ Devic€s, vol. 48, No. 8, Aug.2001, pp. l5l0-1514.Rodgers, €t å1., "Silicon UTSi CMOS R.FIC for CDMA Wirel€ssCommunicatioÍs Systems", P€r€gti¡e Semico¡ductol Corporation,1999 IEEE MTT-S Digest.Megåled, et al, 'Low Cost UTSI Techñ1ogy for RF Wireless Appl!calìons", Peregrin€ Semiconducto¡ Co¡pontio¡, 1998 IEEE MTT-SDigest.Job¡son, et al., 'Advaaced Tlìin-Filrn Silìcon,on-Sa¡phire Techrol-ogy: Mic¡owave Circtuìt Applications", IEEE Tr¿¡sactions on Elec-fron Devices, vol.45, No. 5, May 1998, pp. 104?-1054,Mark L. Burgene! "CMOS SOS Switches Ofrer Us€tuI Ieatu¡es,High Int€grarior", CMOS SOS Switches, Mic¡owaves & RF, Aug.2001, pp. 107-118.Le, Di¡¡ T., Iûtemational Search Report fiom ûe USPIO, Mar. 28,2003, U.S. Appl. No. l0/261,531,2 p9s.Tieu, BiDl Kietr, Notice of Allowance and Fe{s) Due f¡om tleUSPTO, May 12, 2004, U.S. Appl. No. 10/267,531, 7 pgs.Bùgener, et al., CoÍìments on Examinel's Stål€meÃt of Re¿som fo¡Allowa¡ce fled i¡ PIO o¡ Aug. 12,2004 îor U.S. Appl. No.10/26'7,S3l,2p$s,Tieu, Binh Kien, OfrceAction from USPTO, Jun. 3, 2005, U.S. Appl.No. l0/922,135, 8 pgs.Burg€Àer, et al., Amendment filed in PfO oû Dec. 5, 2005 fo¡ U.S.Appl. No. l0/922,135, 7 pgs.Miyajim4 lkumi, Notice of Reasons for Refusal from the Japa¡esePatetrt Offce datedleb. 13,2006 fo¡Appln. No.2003-53528?,3 pgs.Tieu, Bi¡h Kien, Ofrce Action ftom USPTO, Ja¡. f7, 2006, U.S.Appl. No. 10/922,135, 8 pgs.Bùrgeûe¡, et al., Response fled in PTO otr May 16, 2006 fo¡ U.S.Appl. No. l0/922,135,4 pgs.Tieu, Bì¡l Kien, Notice ofAllowânce Aom USPIO, Jutr. 2, 2006 fo¡U.S. Appl. No. 10/922,135, 5 pgs.Va¡ Der Peet, H., Co¡nmu¡icaliotr Pursua¡t to Aficle 94(3) EPC¡eceived fiom lhe EPO in rclated appl¡. No. 02 A0O 982.7 - 2220dåfed Ju¡. 19,2008,3 pgs,+

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Documents

NATURE OF ACTION - STPI訂購電子資源 - DataBases …cdnet.stpi.narl.org.tw/techroom/pclass/complaint... · · 2014-08-05For its complaint against Defendants RF Micro Devices,