OEM Group v. Siconnex Amerika et. al.
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8/13/2019 OEM Group v. Siconnex Amerika et. al.
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Leon B. Silver (#012884)
Nathan J. Kunz (#024819)
POLSINELLI PC
CityScapeOne E. Washington St., Ste. 1200
Phoenix, AZ 85004
Phone: (602) 650-2000
Fax: (602) 264-7033
Attorneys for Plaintiff
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
OEM Group, Inc., an Arizona corporation,
Plaintiff,
vs.
Siconnex Amerika, LLC, and Siconnex
Customized Solutions GmbH, a limited
liability company formed under the laws ofAustria,
Defendants.
Case No.
COMPLAINT
JURY DEMAND
Plaintiff OEM Group, Inc. alleges:
Parties, Jurisdiction, and Venue
1. Plaintiff, OEM Group, Inc. (OEM), is an Arizona corporation with itsprincipal place of business in Maricopa County, Arizona.
2. Defendant, Siconnex Amerika, LLC, is an Arizona limited liability
company, with its principal place of business in Chandler, Arizona.
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3. Defendant, Siconnex Customized Solutions GmbH, is a limited liability
company formed under the laws of Austria, and it maintains and operates its Siconnex
America office in Scottsdale, Arizona.
4. On information and belief, Siconnex Amerika, LLC is a subsidiary of
Siconnex Customized Solutions GmbH. Siconnex Amerika, LLC and Siconnex
Customized Solutions GmbH are collectively referred to hereinafter as Defendants or
SICONNEX.
5. This is an action for patent infringement in which OEM seeks preliminary
and permanent injunctive relief as well as damages resulting from Defendants
infringement of the following patents:
U.S. Patent No. 6,267,125 (the 125 Patent) (a true and correct
copy of which is attached hereto as Ex. A);
U.S. Patent No. 6,273,108 (the 108 Patent) (a true and correct
copy of which is attached hereto as Ex. B);
U.S. Patent No. 6,843,857 (the 857 Patent) (a true and correct
copy of which is attached hereto as Ex. C);
U.S. Patent No. 6,601,594 (the 594 Patent) (a true and correct
copy of which is attached hereto as Ex. D);
U.S. Patent No. 6,701,941 (the 941 Patent) (a true and correct
copy of which is attached hereto as Ex. E);
U.S. Patent No. 6,869,487 (the 487 Patent) (a true and correct
copy of which is attached hereto as Ex. F);
U.S. Patent No. 6,622,398 (the 398 Patent) (a true and correct
copy of which is attached hereto as Ex. G);
U.S. Patent No. 6,408,535 (the 535 Patent) (a true and correct
copy of which is attached hereto as Ex. H);
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U.S. Patent No. 7,163,588 (the 588 Patent) (a true and correct
copy of which is attached hereto as Ex. I);
U.S. Patent No. 7,264,680 (the 680 Patent) (a true and correct
copy of which is attached hereto as Ex. J);
U.S. Patent No. 7,305,999 (the 999 Patent) (a true and correct
copy of which is attached hereto as Ex. K); and
U.S. Patent No. 6,062,239 (the 239 Patent) (a true and correct
copy of which is attached hereto as Ex. L) (collectively the
Patents).
6. This Court has subject matter jurisdiction over OEMs claims under 28
U.S.C. 1331 and 1338(a) because those claims arise under the patent laws of the United
States, 35 U.S.C. 101,et seq.
7. This Court has personal jurisdiction over Defendants because Defendants
operate an office in this District, and committed acts of infringement within this District
by offering for sale infringing products and services in this District.
8. A substantial part of the events or omissions giving rise to this action
occurred in this District. Venue is proper under 28 U.S.C. 1391(b) and 1400(b).
General Allegations
9. This litigation arises from acts of patent infringement committed by
Defendants in this District in a continuing effort to compete unfairly with OEM.
10. The Patents cover technology related to, among other things, systems,
methods and apparatuses for cleaning and etching semiconductive wafers. The wafers are
used in various applications. OEM is the owner by assignment of the Patents.
11. With global headquarters in metro Phoenix, Arizona, and additional sites
throughout the United States, Europe, and Asia, OEM is a semiconductor capital
equipment manufacturer and innovator in new and remanufactured tools and services for
the light emitting diode (LED), micro-electro-mechanical systems (MEMS), Wireless,
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Power, Energy Harvesting, wafer level package (WLP), Data Storage and Logic
markets.
COUNT IInfringement of U.S. Patent 6,267,125
12. OEM incorporates each preceding allegation herein.
13. SICONNEX directly infringes, actively induces infringement, and/or
contributes to the infringement of one or more claims of the 125 Patent within the
meaning of 35 U.S.C. 271 by making, using, selling, impermissibly reconstructing,
and/or offering to sell infringing products and services within the United States.
14. SICONNEX directly infringes the 125 Patent by making, using, selling,
and offering for sale batch tools and other products and services within the United States,
including, but not limited to, applications sold as BATCHSPRAY ACID and
BATCHSPRAY CLEAN (the Accused Products). The Accused Products infringe the
125 Patent because, among other things, they are used to process wafers in a process
chamber that utilizes SICONNEXs SICOZONE Clean system for introducing ozone as
well as a well as a spray arrangement for spraying heated liquid and/or ozone into the
processing chamber as the wafers are being rotated. The Accused Products, the
SICOZONE Clean system, and other of SICONNEXs products and services infringe the
claims of the 125 Patent.
15. SICONNEXs products and services at issue constitute a component of a
patented machine, article, manufacture, combination, or composition, or a material or
apparatus for use in practicing processes patented by the 125 Patent.
16. SICONNEXs products and services at issue constitute a material part of
the invention claimed by the 108 Patent, and SICONNEX knows and has known that the
same are especially made or especially adapted for use in an infringement of the 125
Patent.
17. SICONNEXs products and services at issue are not staple articles or
commodities of commerce suitable for substantial noninfringing use.
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18. Others directly infringe the 125 Patent by making, using, selling, and/or
offering to sell infringing products and services within the United States.
19. Others directly infringe the 125 Patent through performance of the
methods claimed in the 125 Patent using SICONNEXs products and services.
20. On information and belief, SICONNEX has actual or constructive
knowledge of the 125 Patent.
21. On information and belief, SICONNEX knows that others infringe the
125 Patent by making, using, selling and/or offering for sale infringing products and
services within the United States.
22. On information and belief, SICONNEX specifically intends to induce
others to infringe the 125 Patent and/or perform the methods claimed in the 125 Patent
by using SICONNEXs products and services.
23. On information and belief, SICONNEX specifically intends and takes
steps to ensure that others will directly infringe the 125 Patent through the sale, purchase
and/or use of SICONNEXs products and services.
24. SICONNEXs conduct has damaged and will continue to damage OEM in
an amount to be proven at trial.
25. On information and belief, SICONNEXs infringement of the 125 Patent
is and has been willful, making this case exceptional under 35 U.S.C. 285.
26. SICONNEX threatens to continue to engage in the acts complained of
herein and, unless restrained and enjoined, will continue to do so, all to OEMs irreparable
injury. It would be difficult to ascertain the amount of compensation that would afford
OEM adequate relief for such future and continuing acts, and a multiplicity of judicial
proceedings would be required. OEM does not have an adequate remedy at law to
compensate it for the injuries threatened.
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COUNT IIInfringement of U.S. Patent 6,273,108
27. OEM incorporates each preceding allegation herein.
28. SICONNEX directly infringes, actively induces infringement, and/or
contributes to the infringement of one or more claims of the 108 Patent within the
meaning of 35 U.S.C. 271 by making, using, selling, and/or offering to sell infringing
products and services within the United States.
29. SICONNEX directly infringes the 108 Patent by making, using, selling,
and offering for sale batch tools and other products and services within the United States,
including, but not limited to, the Accused Products and the Accused Products utilization
of SICONNEXs SICOZONE Clean system. The Accused Products, the SICOZONE
Clean system, and other of SICONNEXs products and services infringe the claims of the
108 Patent.
30. SICONNEXs products and services at issue constitute a component of a
patented machine, article, manufacture, combination, or composition, or a material or
apparatus for use in practicing processes patented by the 108 Patent.
31. SICONNEXs products and services at issue constitute a material part of
the invention claimed by the 108 Patent, and SICONNEX knows and has known that the
same are especially made or especially adapted for use in an infringement of the 108
Patent.
32. SICONNEXs products and services at issue are not staple articles or
commodities of commerce suitable for substantial noninfringing use.
33. Others directly infringe the 108 Patent by making, using, selling, and/or
offering to sell infringing products and services within the United States.
34. Others directly infringe the 108 Patent through performance of the
methods claimed in the 108 Patent using SICONNEXs products and services.
35. On information and belief, SICONNEX has actual or constructive
knowledge of the 108 Patent.
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36. On information and belief, SICONNEX knows that others infringe the
108 Patent by making, using, selling and/or offering for sale infringing products and
services within the United States.
37. On information and belief, SICONNEX specifically intends to induce
others to infringe the 108 Patent and/or perform the methods claimed in the 108 Patent
by using SICONNEXs products and services.
38. On information and belief, SICONNEX specifically intends and takes
steps to ensure that others will directly infringe the 108 Patent through the sale, purchase
and/or use of SICONNEXs products and services.
39. SICONNEXs conduct has damaged and will continue to damage OEM in
an amount to be proven at trial.
40. On information and belief, SICONNEXs infringement of the 108 Patent
is and has been willful, making this case exceptional under 35 U.S.C. 285.
41. SICONNEX threatens to continue to engage in the acts complained of
herein and, unless restrained and enjoined, will continue to do so, all to OEMs irreparable
injury. It would be difficult to ascertain the amount of compensation that would afford
OEM adequate relief for such future and continuing acts, and a multiplicity of judicial
proceedings would be required. OEM does not have an adequate remedy at law to
compensate it for the injuries threatened.
COUNT IIIInfringement of U.S. Patent 6,843,857
42. OEM incorporates each preceding allegation herein.
43. SICONNEX directly infringes, actively induces infringement, and/or
contributes to the infringement of one or more claims of the 857 Patent within the
meaning of 35 U.S.C. 271 by making, using, selling, and/or offering to sell infringing
products and services within the United States.
44. SICONNEX directly infringes the 857 Patent by making, using, selling,
and offering for sale batch tools and other products and services within the United States,
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including, but not limited to, the Accused Products and the Accused Products utilization
of SICONNEXs SICOZONE Clean system. The Accused Products, the SICOZONE
Clean system, and other of SICONNEXs products and services infringe the claims of the
857 Patent.
45. SICONNEXs products and services at issue constitute a component of a
patented machine, article, manufacture, combination, or composition, or a material or
apparatus for use in practicing processes patented by the 857 Patent.
46. SICONNEXs products and services at issue constitute a material part of
the invention claimed by the 857 Patent, and SICONNEX knows and has known that the
same are especially made or especially adapted for use in an infringement of the 108
Patent.
47. SICONNEXs products and services at issue are not staple articles or
commodities of commerce suitable for substantial noninfringing use.
48. Others directly infringe the 857 Patent by making, using, selling, and/or
offering to sell infringing products and services within the United States.
49. Others directly infringe the 857 Patent through performance of the
methods claimed in the 857 Patent using SICONNEXs products and services.
50. On information and belief, SICONNEX has actual or constructive
knowledge of the 857 Patent.
51. On information and belief, SICONNEX knows that others infringe the
857 Patent by making, using, selling and/or offering for sale infringing products and
services within the United States.
52. On information and belief, SICONNEX specifically intends to induce
others to infringe the 857 Patent and/or perform the methods claimed in the 857 Patent
by using SICONNEXs products and services.
53. On information and belief, SICONNEX specifically intends and takes
steps to ensure that others will directly infringe the 857 Patent through the sale, purchase
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and/or use of SICONNEXs products and services.
54. SICONNEXs conduct has damaged and will continue to damage OEM in
an amount to be proven at trial.
55. On information and belief, SICONNEXs infringement of the 857 Patent
is and has been willful, making this case exceptional under 35 U.S.C. 285.
56. SICONNEX threatens to continue to engage in the acts complained of
herein and, unless restrained and enjoined, will continue to do so, all to OEMs irreparable
injury. It would be difficult to ascertain the amount of compensation that would afford
OEM adequate relief for such future and continuing acts, and a multiplicity of judicial
proceedings would be required. OEM does not have an adequate remedy at law to
compensate it for the injuries threatened.
COUNT IVInfringement of U.S. Patent 6,601,594
57. OEM incorporates each preceding allegation herein.
58. SICONNEX directly infringes, actively induces infringement, and/or
contributes to the infringement of one or more claims of the 594 Patent within the
meaning of 35 U.S.C. 271 by making, using, selling, and/or offering to sell infringing
products and services within the United States.
59. SICONNEX directly infringes the 594 Patent by making, using, selling,
and offering for sale batch tools and other products and services within the United States,
including, but not limited to, the Accused Products and the Accused Products utilization
of SICONNEXs SICOZONE Clean system. The Accused Products, the SICOZONE
Clean system, and other of SICONNEXs products and services infringe the claims of the
594 Patent.
60. SICONNEXs products and services at issue constitute a component of a
patented machine, article, manufacture, combination, or composition, or a material or
apparatus for use in practicing processes patented by the 594 Patent.
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61. SICONNEXs products and services at issue constitute a material part of
the invention claimed by the 594 Patent, and SICONNEX knows and has known that the
same are especially made or especially adapted for use in an infringement of the 108
Patent.
62. SICONNEXs products and services at issue are not staple articles or
commodities of commerce suitable for substantial noninfringing use.
63. Others directly infringe the 594 Patent by making, using, selling, and/or
offering to sell infringing products and services within the United States.
64. Others directly infringe the 594 Patent through performance of the
methods claimed in the 594 Patent using SICONNEXs products and services.
65. On information and belief, SICONNEX has actual or constructive
knowledge of the 594 Patent.
66. On information and belief, SICONNEX knows that others infringe the
594 Patent by making, using, selling and/or offering for sale infringing products and
services within the United States.
67. On information and belief, SICONNEX specifically intends to induce
others to infringe the 594 Patent and/or perform the methods claimed in the 594 Patent
by using SICONNEXs products and services.
68. On information and belief, SICONNEX specifically intends and takes
steps to ensure that others will directly infringe the 594 Patent through the sale, purchase
and/or use of SICONNEXs products and services.
69. SICONNEXs conduct has damaged and will continue to damage OEM in
an amount to be proven at trial.
70. On information and belief, SICONNEXs infringement of the 594 Patent
is and has been willful, making this case exceptional under 35 U.S.C. 285.
71. SICONNEX threatens to continue to engage in the acts complained of
herein and, unless restrained and enjoined, will continue to do so, all to OEMs irreparable
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injury. It would be difficult to ascertain the amount of compensation that would afford
OEM adequate relief for such future and continuing acts, and a multiplicity of judicial
proceedings would be required. OEM does not have an adequate remedy at law to
compensate it for the injuries threatened.
COUNT VInfringement of U.S. Patent 6,701,941
72. OEM incorporates each preceding allegation herein.
73. SICONNEX directly infringes, actively induces infringement, and/or
contributes to the infringement of one or more claims of the 941 Patent within the
meaning of 35 U.S.C. 271 by making, using, selling, and/or offering to sell infringing
products and services within the United States.
74. SICONNEX directly infringes the 941 Patent by making, using, selling,
and offering for sale batch tools and other products and services within the United States,
including, but not limited to, the Accused Products and the Accused Products utilization
of SICONNEXs SICOZONE Clean system. The Accused Products, the SICOZONE
Clean system, and other of SICONNEXs products and services infringe the claims of the
941 Patent.
75. SICONNEXs products and services at issue constitute a component of a
patented machine, article, manufacture, combination, or composition, or a material or
apparatus for use in practicing processes patented by the 941 Patent.
76. SICONNEXs products and services at issue constitute a material part of
the invention claimed by the 941 Patent, and SICONNEX knows and has known that the
same are especially made or especially adapted for use in an infringement of the 941
Patent.
77. SICONNEXs products and services at issue are not staple articles or
commodities of commerce suitable for substantial noninfringing use.
78. Others directly infringe the 941 Patent by making, using, selling, and/or
offering to sell infringing products and services within the United States.
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79. Others directly infringe the 941 Patent through performance of the
methods claimed in the 941 Patent using SICONNEXs products and services.
80. On information and belief, SICONNEX has actual or constructive
knowledge of the 941 Patent.
81. On information and belief, SICONNEX knows that others infringe the
941 Patent by making, using, selling and/or offering for sale infringing products and
services within the United States.
82. On information and belief, SICONNEX specifically intends to induce
others to infringe the 941 Patent and/or perform the methods claimed in the 941 Patent
by using SICONNEXs products and services.
83. On information and belief, SICONNEX specifically intends and takes
steps to ensure that others will directly infringe the 941 Patent through the sale, purchase
and/or use of SICONNEXs products and services.
84. SICONNEXs conduct has damaged and will continue to damage OEM in
an amount to be proven at trial.
85. On information and belief, SICONNEXs infringement of the 941 Patent
is and has been willful, making this case exceptional under 35 U.S.C. 285.
86. SICONNEX threatens to continue to engage in the acts complained of
herein and, unless restrained and enjoined, will continue to do so, all to OEMs irreparable
injury. It would be difficult to ascertain the amount of compensation that would afford
OEM adequate relief for such future and continuing acts, and a multiplicity of judicial
proceedings would be required. OEM does not have an adequate remedy at law to
compensate it for the injuries threatened.
COUNT VIInfringement of U.S. Patent 6,869,487
87. OEM incorporates each preceding allegation herein.
88. SICONNEX directly infringes, actively induces infringement, and/or
contributes to the infringement of one or more claims of the 487 Patent within the
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97. On information and belief, SICONNEX specifically intends to induce
others to infringe the 487 Patent and/or perform the methods claimed in the 487 Patent
by using SICONNEXs products and services.
98. On information and belief, SICONNEX specifically intends and takes
steps to ensure that others will directly infringe the 487 Patent through the sale, purchase
and/or use of SICONNEXs products and services.
99. SICONNEXs conduct has damaged and will continue to damage OEM in
an amount to be proven at trial.
100. On information and belief, SICONNEXs infringement of the 487 Patent
is and has been willful, making this case exceptional under 35 U.S.C. 285.
101. SICONNEX threatens to continue to engage in the acts complained of
herein and, unless restrained and enjoined, will continue to do so, all to OEMs irreparable
injury. It would be difficult to ascertain the amount of compensation that would afford
OEM adequate relief for such future and continuing acts, and a multiplicity of judicial
proceedings would be required. OEM does not have an adequate remedy at law to
compensate it for the injuries threatened.
COUNT VIIInfringement of U.S. Patent 6,622,398
102. OEM incorporates each preceding allegation herein.
103. SICONNEX directly infringes, actively induces infringement, and/or
contributes to the infringement of one or more claims of the 398 Patent within the
meaning of 35 U.S.C. 271 by making, using, selling, and/or offering to sell infringing
products and services within the United States.
104. SICONNEX directly infringes the 398 Patent by making, using, selling,
and offering for sale batch tools and other products and services within the United States,
including, but not limited to, the Accused Products and the Accused Products utilization
of SICONNEXs SICOZONE Clean system. The Accused Products, the SICOZONE
Clean system, and other of SICONNEXs products and services infringe the claims of the
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398 Patent.
105. SICONNEXs products and services at issue constitute a component of a
patented machine, article, manufacture, combination, or composition, or a material or
apparatus for use in practicing processes patented by the 398 Patent.
106. SICONNEXs products and services at issue constitute a material part of
the invention claimed by the 398 Patent, and SICONNEX knows and has known that the
same are especially made or especially adapted for use in an infringement of the 398
Patent.
107. SICONNEXs products and services at issue are not staple articles or
commodities of commerce suitable for substantial noninfringing use.
108. Others directly infringe the 398 Patent by making, using, selling, and/or
offering to sell infringing products and services within the United States.
109. Others directly infringe the 398 Patent through performance of the
methods claimed in the 398 Patent using SICONNEXs products and services.
110. On information and belief, SICONNEX has actual or constructive
knowledge of the 398 Patent.
111. On information and belief, SICONNEX knows that others infringe the
398 Patent by making, using, selling and/or offering for sale infringing products and
services within the United States.
112. On information and belief, SICONNEX specifically intends to induce
others to infringe the 398 Patent and/or perform the methods claimed in the 398 Patent
by using SICONNEXs products and services.
113. On information and belief, SICONNEX specifically intends and takes
steps to ensure that others will directly infringe the 398 Patent through the sale, purchase
and/or use of SICONNEXs products and services.
114. SICONNEXs conduct has damaged and will continue to damage OEM in
an amount to be proven at trial.
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115. On information and belief, SICONNEXs infringement of the 398 Patent
is and has been willful, making this case exceptional under 35 U.S.C. 285.
116. SICONNEX threatens to continue to engage in the acts complained of
herein and, unless restrained and enjoined, will continue to do so, all to OEMs irreparable
injury. It would be difficult to ascertain the amount of compensation that would afford
OEM adequate relief for such future and continuing acts, and a multiplicity of judicial
proceedings would be required. OEM does not have an adequate remedy at law to
compensate it for the injuries threatened.
COUNT VIIIInfringement of U.S. Patent 6,408,535
117. OEM incorporates each preceding allegation herein.
118. SICONNEX directly infringes, actively induces infringement, and/or
contributes to the infringement of one or more claims of the 535 Patent within the
meaning of 35 U.S.C. 271 by making, using, selling, and/or offering to sell infringing
products and services within the United States.
119. SICONNEX directly infringes the 535 Patent by making, using, selling,
and offering for sale batch tools and other products and services within the United States,
including, but not limited to, the Accused Products and the Accused Products utilization
of SICONNEXs SICOZONE Clean system. The Accused Products, the SICOZONE
Clean system, and other of SICONNEXs products and services infringe the claims of the
535 Patent.
120. SICONNEXs products and services at issue constitute a component of a
patented machine, article, manufacture, combination, or composition, or a material or
apparatus for use in practicing processes patented by the 535 Patent.
121. SICONNEXs products and services at issue constitute a material part of
the invention claimed by the 535 Patent, and SICONNEX knows and has known that the
same are especially made or especially adapted for use in an infringement of the 535
Patent.
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122. SICONNEXs products and services at issue are not staple articles or
commodities of commerce suitable for substantial noninfringing use.
123. Others directly infringe the 535 Patent by making, using, selling, and/or
offering to sell infringing products and services within the United States.
124. Others directly infringe the 535 Patent through performance of the
methods claimed in the 535 Patent using SICONNEXs products and services.
125. On information and belief, SICONNEX has actual or constructive
knowledge of the 535 Patent.
126. On information and belief, SICONNEX knows that others infringe the 535
Patent by making, using, selling and/or offering for sale infringing products and services
within the United States.
127. On information and belief, SICONNEX specifically intends to induce
others to infringe the 535 Patent and/or perform the methods claimed in the 535 Patent
by using SICONNEXs products and services.
128. On information and belief, SICONNEX specifically intends and takes steps
to ensure that others will directly infringe the 535 Patent through the sale, purchase
and/or use of SICONNEXs products and services.
129. SICONNEXs conduct has damaged and will continue to damage OEM in
an amount to be proven at trial.
130. On information and belief, SICONNEXs infringement of the 535 Patent is
and has been willful, making this case exceptional under 35 U.S.C. 285.
131. SICONNEX threatens to continue to engage in the acts complained of
herein and, unless restrained and enjoined, will continue to do so, all to OEMs irreparable
injury. It would be difficult to ascertain the amount of compensation that would afford
OEM adequate relief for such future and continuing acts, and a multiplicity of judicial
proceedings would be required. OEM does not have an adequate remedy at law to
compensate it for the injuries threatened.
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COUNT IXInfringement of U.S. Patent 7,163,588
132. OEM incorporates each preceding allegation herein.
133. SICONNEX directly infringes, actively induces infringement, and/or
contributes to the infringement of one or more claims of the 588 Patent within the
meaning of 35 U.S.C. 271 by making, using, selling, and/or offering to sell infringing
products and services within the United States.
134. SICONNEX directly infringes the 588 Patent by making, using, selling,
and offering for sale batch tools and other products and services within the United States,
including, but not limited to, the Accused Products and the Accused Products utilization
of SICONNEXs SICOZONE Clean system. The Accused Products, the SICOZONE
Clean system, and other of SICONNEXs products and services infringe the claims of the
588 Patent.
135. SICONNEXs products and services at issue constitute a component of a
patented machine, article, manufacture, combination, or composition, or a material or
apparatus for use in practicing processes patented by the 588 Patent.
136. SICONNEXs products and services at issue constitute a material part of
the invention claimed by the 588 Patent, and SICONNEX knows and has known that the
same are especially made or especially adapted for use in an infringement of the 588
Patent.
137. SICONNEXs products and services at issue are not staple articles or
commodities of commerce suitable for substantial noninfringing use.
138. Others directly infringe the 588 Patent by making, using, selling, and/or
offering to sell infringing products and services within the United States.
139. Others directly infringe the 588 Patent through performance of the
methods claimed in the 588 Patent using SICONNEXs products and services.
140. On information and belief, SICONNEX has actual or constructive
knowledge of the 588 Patent.
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141. On information and belief, SICONNEX knows that others infringe the
588 Patent by making, using, selling and/or offering for sale infringing products and
services within the United States.
142. On information and belief, SICONNEX specifically intends to induce
others to infringe the 588 Patent and/or perform the methods claimed in the 588 Patent
by using SICONNEXs products and services.
143. On information and belief, SICONNEX specifically intends and takes
steps to ensure that others will directly infringe the 588 Patent through the sale, purchase
and/or use of SICONNEXs products and services.
144. SICONNEXs conduct has damaged and will continue to damage OEM in
an amount to be proven at trial.
145. On information and belief, SICONNEXs infringement of the 588 Patent
is and has been willful, making this case exceptional under 35 U.S.C. 285.
146. SICONNEX threatens to continue to engage in the acts complained of
herein and, unless restrained and enjoined, will continue to do so, all to OEMs irreparable
injury. It would be difficult to ascertain the amount of compensation that would afford
OEM adequate relief for such future and continuing acts, and a multiplicity of judicial
proceedings would be required. OEM does not have an adequate remedy at law to
compensate it for the injuries threatened.
COUNT XInfringement of U.S. Patent 7,264,680
147. OEM incorporates each preceding allegation herein.
148. SICONNEX directly infringes, actively induces infringement, and/or
contributes to the infringement of one or more claims of the 680 Patent within the
meaning of 35 U.S.C. 271 by making, using, selling, and/or offering to sell infringing
products and services within the United States.
149. SICONNEX directly infringes the 680 Patent by making, using, selling,
and offering for sale batch tools and other products and services within the United States,
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including, but not limited to, the Accused Products and the Accused Products utilization
of SICONNEXs SICOZONE Clean system. The Accused Products, the SICOZONE
Clean system, and other of SICONNEXs products and services infringe the claims of the
680 Patent.
150. SICONNEXs products and services at issue constitute a component of a
patented machine, article, manufacture, combination, or composition, or a material or
apparatus for use in practicing processes patented by the 680 Patent.
151. SICONNEXs products and services at issue constitute a material part of
the invention claimed by the 680 Patent, and SICONNEX knows and has known that the
same are especially made or especially adapted for use in an infringement of the 680
Patent.
152. SICONNEXs products and services at issue are not staple articles or
commodities of commerce suitable for substantial noninfringing use.
153. Others directly infringe the 680 Patent by making, using, selling, and/or
offering to sell infringing products and services within the United States.
154. Others directly infringe the 680 Patent through performance of the
methods claimed in the 680 Patent using SICONNEXs products and services.
155. On information and belief, SICONNEX has actual or constructive
knowledge of the 680 Patent.
156. On information and belief, SICONNEX knows that others infringe the
680 Patent by making, using, selling and/or offering for sale infringing products and
services within the United States.
157. On information and belief, SICONNEX specifically intends to induce
others to infringe the 680 Patent and/or perform the methods claimed in the 680 Patent
by using SICONNEXs products and services.
158. On information and belief, SICONNEX specifically intends and takes
steps to ensure that others will directly infringe the 680 Patent through the sale, purchase
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and/or use of SICONNEXs products and services.
159. SICONNEXs conduct has damaged and will continue to damage OEM in
an amount to be proven at trial.
160. On information and belief, SICONNEXs infringement of the 680 Patent
is and has been willful, making this case exceptional under 35 U.S.C. 285.
161. SICONNEX threatens to continue to engage in the acts complained of
herein and, unless restrained and enjoined, will continue to do so, all to OEMs irreparable
injury. It would be difficult to ascertain the amount of compensation that would afford
OEM adequate relief for such future and continuing acts, and a multiplicity of judicial
proceedings would be required. OEM does not have an adequate remedy at law to
compensate it for the injuries threatened.
COUNT XIInfringement of U.S. Patent No. 7,305,999
162. OEM incorporates each preceding allegation herein.
163. SICONNEX directly infringes, actively induces infringement, and/or
contributes to the infringement of one or more claims of the 999 Patent within the
meaning of 35 U.S.C. 271 by making, using, selling, and/or offering to sell infringing
products and services within the United States.
164. SICONNEX directly infringes the 999 Patent by making, using, selling,
and offering for sale batch tools and other products and services within the United States,
including, but not limited to, the Accused Products and BATCHSPRAY SOLVENT
applications. The Accused Products and BATCHSPRAY SOLVENT applications
infringe the 999 Patent because, among other things, they are used to process wafers in a
process chamber having a rotor that rotates the wafers and a multi-spray arrangement in
communication with the process chamber that sprays across and on both sides of the
wafers. The Accused Products, BATCHSPRAY SOLVENT, and other of
SICONNEXs products and services infringe the claims of the 999 Patent.
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165. SICONNEXs products and services at issue constitute a component of a
patented machine, article, manufacture, combination, or composition, or a material or
apparatus for use in practicing processes patented by the 999 Patent.
166. SICONNEXs products and services at issue constitute a material part of
the invention claimed by the 999 Patent, and SICONNEX knows and has known that the
same are especially made or especially adapted for use in an infringement of the 999
Patent.
167. SICONNEXs products and services at issue are not staple articles or
commodities of commerce suitable for substantial noninfringing use.
168. Others directly infringe the 999 Patent by making, using, selling, and/or
offering to sell infringing products and services within the United States.
169. Others directly infringe the 999 Patent through performance of the
methods claimed in the 999 Patent using SICONNEXs products and services.
170. On information and belief, SICONNEX has actual or constructive
knowledge of the 999 Patent.
171. On information and belief, SICONNEX knows that others infringe the
999 Patent by making, using, selling and/or offering for sale infringing products and
services within the United States.
172. On information and belief, SICONNEX specifically intends to induce
others to infringe the 999 Patent and/or perform the methods claimed in the 999 Patent
by using SICONNEXs products and services.
173. On information and belief, SICONNEX specifically intends and takes
steps to ensure that others will directly infringe the 999 Patent through the sale, purchase
and/or use of SICONNEXs products and services.
174. SICONNEXs conduct has damaged and will continue to damage OEM in
an amount to be proven at trial.
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175. On information and belief, SICONNEXs infringement of the 999 Patent
is and has been willful, making this case exceptional under 35 U.S.C. 285.
176. SICONNEX threatens to continue to engage in the acts complained of
herein and, unless restrained and enjoined, will continue to do so, all to OEMs irreparable
injury. It would be difficult to ascertain the amount of compensation that would afford
OEM adequate relief for such future and continuing acts, and a multiplicity of judicial
proceedings would be required. OEM does not have an adequate remedy at law to
compensate it for the injuries threatened.
COUNT XIIInfringement of U.S. Patent 6,062,239
177. OEM incorporates each preceding allegation herein.
178. SICONNEX directly infringes, actively induces infringement, and/or
contributes to the infringement of one or more claims of the 239 Patent within the
meaning of 35 U.S.C. 271 by making, using, selling, and/or offering to sell infringing
products and services within the United States.
179. SICONNEX directly infringes the 239 Patent by making, using, selling,
and offering for sale batch tools and other products and services within the United States,
including, but not limited to, the Accused Products and BATCHSPRAY SOLVENT
applications. The Accused Products, BATCHSPRAY SOLVENT, and other of
SICONNEXs products and services infringe the claims of the 239 Patent.
180. SICONNEXs products and services at issue constitute a component of a
patented machine, article, manufacture, combination, or composition, or a material or
apparatus for use in practicing processes patented by the 239 Patent.
181. SICONNEXs products and services at issue constitute a material part of
the invention claimed by the 239 Patent, and SICONNEX knows and has known that the
same are especially made or especially adapted for use in an infringement of the 239
Patent.
182.
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183. SICONNEXs products and services at issue are not staple articles or
commodities of commerce suitable for substantial noninfringing use.
184. Others directly infringe the 239 Patent by making, using, selling, and/or
offering to sell infringing products and services within the United States.
185. Others directly infringe the 239 Patent through performance of the
methods claimed in the 239 Patent using SICONNEXs products and services.
186. On information and belief, SICONNEX has actual or constructive
knowledge of the 239 Patent.
187. On information and belief, SICONNEX knows that others infringe the
239 Patent by making, using, selling and/or offering for sale infringing products and
services within the United States.
188. On information and belief, SICONNEX specifically intends to induce
others to infringe the 239 Patent and/or perform the methods claimed in the 239 Patent
by using SICONNEXs products and services.
189. On information and belief, SICONNEX specifically intends and takes
steps to ensure that others will directly infringe the 239 Patent through the sale, purchase
and/or use of SICONNEXs products and services.
190. SICONNEXs conduct has damaged and will continue to damage OEM in
an amount to be proven at trial.
191. On information and belief, SICONNEXs infringement of the 239 Patent
is and has been willful, making this case exceptional under 35 U.S.C. 285.
192. SICONNEX threatens to continue to engage in the acts complained of
herein and, unless restrained and enjoined, will continue to do so, all to OEMs irreparable
injury. It would be difficult to ascertain the amount of compensation that would afford
OEM adequate relief for such future and continuing acts, and a multiplicity of judicial
proceedings would be required. OEM does not have an adequate remedy at law to
compensate it for the injuries threatened.
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JURY DEMAND
Plaintiff demands a trial by jury on any issue triable of right by jury.
PRAYER FOR RELIEF
WHEREFORE, OEM requests judgment against Defendants as follows:
A. A judgment preliminary and permanently enjoining Defendants Siconnex
Amerika, LLC and Siconnex Customized Solutions GmbH and any person acting in
concert or cooperation with them from further infringing the Patents;
B. A judgment that Defendants Siconnex Amerika, LLC and Siconnex
Customized Solutions GmbH have infringed the Patents;
C. An award equal to the damages suffered by Plaintiff OEM resulting from
Defendants Siconnex Amerika, LLCs and Siconnex Customized Solutions GmbHs
infringement of the Patents, including interest and costs;
D. Enhanced damages in accordance with the provisions of 35 U.S.C. 284
due to Defendants Siconnex Amerika, LLCs and Siconnex Customized Solutions
GmbHs willful infringement;
E. A finding that this case is exceptional under the provisions of 35 U.S.C.
285;
F. An award to Plaintiff OEM of its reasonable attorneys fees pursuant to
35 U.S.C. 285; and
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G. That Plaintiff OEM be granted such other and further relief as the Court
deems just and proper.
DATED this 22nd day of November, 2013.
POLSINELLI PC
By: /s/ Leon B. Silver
Leon B. Silver
Nathan J. Kunz
CityScape
One E. Washington St., Ste. 1200
Phoenix, AZ 85004
Attorneys for Plaintiff