Cypress Semiconductor v. BlackBerry et. al.

7/29/2019 Cypress Semiconductor v. BlackBerry et. al.

1/16

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

Michael J. Malecek (StateEmail address: michael.Marisa Armanino WilliaEmail address: marisa.arRobert S. Magee (State BEmail address: robert.maKAYE SCHOLER LLPTwo Palo Alto Square, S3000 El Camino RealPalo Alto, California 943Telephone: (650) 319-45Facsimile: (650) 319-47

Terence P. Woodsome (SEmail address: twde@cyCYPRESS SEMICOND198 Champion CourtSan Jose, California 9513Telephone: (408) 544-10

Facsimile: (408) 456-182Attorneys for PlaintiffCYPRESS SEMICOND

CYPRESS SEMICOND

CORPORATION,

Pla

v.

BLACKBERRY LIMITEBLACKBERRY CORPO

De

COMPLAINT FOR PATENT INFRINGEMENT

Bar No. 171034)[email protected] (State Bar No. 264907)[email protected]

r No. 271443)[email protected]

ite 400

0600

ate Bar No. 240908)ress.com

CTOR CORPORATION

5

1

CTOR CORPORATION

UNITED STATES DISTRICT COURT

ORTHERN DISTRICT OF CALIFORNIA

CTOR

ntiff,

D andATION,

endants.

Case No.

COMPLAINT FINFRINGEME

JURY TRIAL D

R PATENTT

MANDED


2/16

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

Plaintiff Cypress

1. Cypress is

Delaware with its princip

California. Cypress is a s

provide customers with ra

innovations are used in a

telecommunication equip

as well as in military com

2. On inform

Motion Ltd.) is a corporat

place of business at 295 P

3. On inform

In Motion Corporation) is

Corporation is a corporati

a principal place of busin

4. As further

(collectively, BlackBerr

multiple Cypress patents.

5. This actio

seq. This Court has subje

1338(a).

6. This Court

Northern District of Calif

BlackBerry maintains offi

within this District, and o

belief, BlackBerry derive

1


emiconductor Corporation (Cypress or Plai

PARTIES

a corporation organized and existing under the l

l place of business located at 198 Champion C

pplier of high-performance, mixed-signal, pro

pid time-to-market and exceptional system valu

ide variety of consumer electronics, such as n

ent, touchscreen devices, mobile handsets, vid

unication devices.

tion and belief, Defendant BlackBerry Limited

ion organized and existing under the laws of Ca

hillip Street, Waterloo, Ontario, Canada N2L 3

tion and belief, Defendant BlackBerry Corpora

a wholly owned subsidiary of BlackBerry Limi

on organized and existing under the laws of the

ss located at 5000 Riverside Drive, Irving, Tex

described below, BlackBerry Limited and Blac

) manufacture and sell mobile phones and oth

JURISDICTION AND VENUE

arises under the patent laws of the United State

ct matter jurisdiction over this action under 28

has personal jurisdiction over BlackBerry and

rnia pursuant to 28 U.S.C. 1391(b) and (c) a

ces in this District, transacts business involving

fers infringing products for sale in this District.

significant revenue from the sale of infringing

tiff) alleges:

aws of the State of

urt, San Jose,

rammable solutions that

e. Cypresss

tworking and

eo and imaging devices,

(formerly Research In

nada with a principal

8.

tion (formerly Research

ted. BlackBerry

State of Delaware with

s 75039.

Berry Corporation

r products that infringe

s, 35 U.S.C. 100, et

.S.C. 1331 and

enue is proper in the

d 1400(b).

infringing products

On information and

products distributed and


3/16

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

used within this District,

consequences within this

international commerce.

7. This is an

pursuant to Civil Local R

8. For over th

semiconductor technolog

PSoC 5 programmable s

user interface solutions in

trackpad solutions for not

universal serial bus (US

range of consumer and in

access memory (SRAM

9. To develo

continuous investments in

been essential to its succe

organization works closel

semiconductor designs an

10. To protect

intellectual property. Cyp

variety of semiconductor-

patent applications. Cypr

applications directed towa

11. To protect

leading-edge technology

marketplace, Cypress can

2


nd/or expects or should reasonably expect its a

istrict, and derives substantial revenue from in

INTRADISTRICT ASSIGNMENTntellectual Property Action to be assigned on a

le 3-2(c).

BACKGROUND

irty years, Cypress has been a pioneer and mar

. Cypress products include the PSoC 1, PSo

ystem-on-chip families, and Cypress is the wor

cluding CapSense touch sensing, TrueTouch

book PCs and peripherals. Cypress is also the

) controllers, which enhance connectivity and

ustrial products. Cypress is also the world lea

) and nonvolatile RAM memories.

its industry-leading products, Cypress has mad

research and development (R&D). Cypress

s as a supplier of semiconductor solutions. Cy

with its manufacturing facilities, suppliers an

d lower manufacturing costs.

these critical R&D efforts, Cypress places a hig

ress has applied for and received over 2000 pat

elated technologies, and has more than 800 pe

ss has over 250 issued U.S. patents and over 2

rds USB and touchscreen technology.

the interests of Cypresss customers, who bene

nd rely upon Cypress's proprietary solutions to

ot allow unauthorized use of its intellectual pr

tions to have

terstate and

district-wide basis

et innovator in

3, PSoC 4, and

d leader in capacitive

touchscreens, and

orld leader in

performance in a wide

er in static random

e extensive and

s R&D efforts have

resss R&D

customers to improve

h value on its

nts worldwide in a

ding U.S. and foreign

0 pending U.S. patent

it from Cypresss

compete in the

perty.


4/16

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

12. On Januar

legally issued United Stat

System and Method, to

correct copy of the 103 p

13. On June 1

issued United States Pate

Interface System and Met

and correct copy of the 8

14. On Decem


Reconfiguring a Peripher

Simulating a Physical Dis

Cypress owns the 770 pa

attached as Exhibit C to t

15. On August


Buttons, to Cypress. Cy

the 497 patent is attache

16. On Novem


Sensing Matrix for Keybo

assignment. A true and c

17. On August


Methods for Detecting a

patent by assignment. A t

Complaint.

3


CYPRESS PATENTS

4, 2000, the United States Patent and Tradema

s Patent No. 6,012,103 (the 103 patent), ent

ypress. Cypress owns the 103 patent by assig

atent is attached as Exhibit A to this Complaint.

, 2001, the United States Patent and Trademark

t No. 6,249,825 (the 825 patent), entitled

od, to Cypress. Cypress owns the 825 paten

5 patent is attached as Exhibit B to this Compl

er 10, 2002, the United States Patent and Trad


l Device by Downloading Information from a

connection and Reconnection to Reconfigure th

ent by assignment. A true and correct copy of

is Complaint.

23, 2011, the United States Patent and Tradem


ress owns the 497 patent by assignment. A tr

as Exhibit D to this Complaint.

ber 15, 2011, the United States Patent and Trad


ard Architecture, to Cypress. Cypress owns t

rrect copy of the 015 patent is attached as Exh

27, 2013, the United States Patent and Tradem


onductive Object at a Location, to Cypress.

rue and correct copy of the 973 patent is attac

k Office duly and

tled Bus Interface

ment. A true and

Office duly and legally

niversal Serial Bus

by assignment. A true

aint.

mark Office duly and

tled System for

ost and Electronically

e Device, to Cypress.

he 770 patent is

rk Office duly and

tled Two-Pin

e and correct copy of

mark Office duly and

tled Capacitance

e 015 patent by

ibit E to this Complaint.

rk Office duly and

tled Apparatus and

ypress owns the 973

ed as Exhibit F to this


5/16

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

18. The 103 p

Cypress USB Patents.

as the Cypress Touchscr

Patents).

19. The produ

more claims of the Cypre

9800 mobile phone and as

other BlackBerry mobile

peripheral components th

architecture (collectively,

products and parts in this

the exemplary products a

products and parts with re

discontinued, current or f

20. The produ

more claims of the Cypre

Torch 9800 mobile phone

as other BlackBerry mobi

peripheral components th

and/or architecture (collec

identification of products

information and belief, th

representative of all Blac

and/or architecture, whet

21. The Black

Products (collectively, the

use.

4


atent, 825 patent, and 770 patent will be refer

he 497 patent, 015 patent, and 973 patent wi

en Patents (and together with the USB Patents

INFRINGEMENT BY BLACKBERRY

ts manufactured, imported and sold by BlackB

s USB Patents include, but are not limited to, t

sociated software, firmware, and peripheral co

hones, tablets, and products, and associated so

t incorporate the same or similar USB features,

the BlackBerry Infringing USB Products). T

Complaint is by way of example only, and on i

d parts identified in this Complaint are represe

asonably similar features, functionality and/or a

ture.

ts manufactured, imported and sold by BlackB

s Touchscreen patents include, but are not limit

and associated software, firmware, and periphe

e phones, tablets, and products, and associated

t incorporate the same or similar touchscreen f

tively, the BlackBerry Infringing Touchscreen

and parts in this Complaint is by way of exampl

exemplary products and parts identified in this

Berry products and parts with reasonably simil

er discontinued, current or future.

erry Infringing USB Products and BlackBerry

BlackBerry Infringing Products) have no su

ed to below as the

ll be referred to below

, the Asserted

rry that infringe one or

e BlackBerry Torch

ponents, as well as

tware, firmware, and

functionality, and/or

e identification of

formation and belief,

tative of all BlackBerry

rchitecture, whether

rry that infringe one or

ed to, the BlackBerry

ral components, as well

software, firmware, and

atures, functionality,

Products). The

e only, and on

Complaint are

r features, functionality

Infringing Touchscreen

stantial non-infringing


6/16

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

22. According

information and belief, th

customers in the United S

manuals and other inform

Infringing Products, and

2011 that the BlackBerry

more of the Asserted Pate

with BlackBerrys instruc

the Asserted Patents.

23. BlackBerr

Patents. In an effort to re

made BlackBerry aware o

Touchscreen Patents in F

notice, on information an

24. Cypress in

though set forth in full he

25. Cypress ha

for sale, sell, or import int

patent.

26. BlackBerr

by making, using, importi

in the United States.

27. BlackBerr

2011.

28. BlackBerr

patent by inducing end-us

5


to BlackBerrys website and other publicly ava

BlackBerry Infringing Products are sold to dis

ates. These distributors and end customers are

ation that instruct downstream users how to ope

lackBerry provides these instructions while kn

nfringing Products infringe multiple Cypress p

ts. Sale or use of the BlackBerry Infringing Pr

ions on how to operate these devices constitute

is aware that the BlackBerry Infringing Produ

olve BlackBerrys infringement without resorti

f the Cypress USB Patents in October 2011 and

bruary 2012, and on multiple subsequent occas

belief, BlackBerry continued infringing the As

FIRST CLAIM FOR RELIEF(Infringement of the 103 Patent)

orporates and realleges the allegations of the p

ein.

s not licensed or otherwise authorized BlackBe

o the United States any products that embody t

has directly infringed and continues to directl

ng, offering for sale or selling the BlackBerry I

has had actual knowledge of the 103 patent si

has indirectly infringed and continues to indir

ers to infringe the 103 patent by using the Blac

lable documents, and on

ributors and end

supplied with user

rate the BlackBerry

wing since at least

tents, including one or

oducts in accordance

s direct infringement of

ts infringe the Asserted

g to litigation, Cypress

the Cypress

ons. Despite this

serted Patents.

eceding paragraphs as

ry to make, use, offer

e inventions of the 103

infringe the 103 patent

fringing USB Products

nce at least October 10,

ctly infringe the 103

kBerry Infringing USB


7/16

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

Products. BlackBerry int

by marketing, selling, and

one BlackBerry end custo

instructed by BlackBerry.

the BlackBerry Infringing

downstream users how to

use in accordance with su


infringe multiple Cypress

customers or distributors i

infringement of the 103

willfully blind to the fact,

29. BlackBerr

patent by contributing to

USB Products. BlackBer

the component is not a co

supplied the component

was especially made or a

30. BlackBerr

271.

31. Cypress ha

activities and will continu

infringing activities are e

32. On inform

be, willful, wanton, and d

patent.

6


ntionally took action that induced end-users to

supporting the infringing devices. On informa

mer or distributor has directly infringed the 10

For example, BlackBerry supplies end custom

USB Products with user manuals and other inf

operate the BlackBerry Infringing USB Produc

h instructions infringes the 103 patent. As de

ation supplied by BlackBerry, the BlackBerry I

patents. Sale or use of the BlackBerry Infringi

n accordance with BlackBerrys instructions co

atent. BlackBerry had awareness of the 103 p

that its actions would cause direct infringement


irect infringement by end-users who use the Bl

y supplied a component whose use by downstr

mon component suitable for non-infringing us

ith the knowledge of the 103 patent and knowl

apted for use in an infringing manner.

s actions are in violation of one or more of the

s been damaged and irreparably injured by Blac

e to be so damaged and irreparably injured unle

joined by this Court.

tion and belief, BlackBerrys infringement has

liberate, without license or excuse and with ful


ion and belief, at least

patent by acting as

rs and distributors of

rmation that instruct

s, with knowledge that

ailed by the user


g USB Products by end

nstitutes direct

tent and knew, or was

by end-users.


ckBerry Infringing

am users is infringing;

e; and BlackBerry

edge that the component

provisions of 35 U.S.C.

kBerrys infringing

ss BlackBerrys

been, and continues to

knowledge of the 103


8/16

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

33. Cypress in


34. Cypress ha


patent.

35. BlackBerr



36. BlackBerr

2011.

37. BlackBerr














38. BlackBerr


7


SECOND CLAIM FOR RELIEF(Infringement of the 825 Patent)


ein.














h instructions infringes the 825 patent. As det


















patent by acting as




ailed by the user



nstitutes direct


by end-users.


ckBerry Infringing


9/16

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28





39. BlackBerr

271.

40. Cypress ha



41. On inform


patent.

42. Cypress in


43. Cypress ha


patent.

44. BlackBerr



45. BlackBerr

2011.

46. BlackBerr





8












THIRD CLAIM FOR RELIEF(Infringement of the 770 Patent)


ein.












e; and BlackBerry



kBerrys infringing

ss BlackBerrys













patent by acting as


10/16

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28










47. BlackBerr






48. BlackBerr

271.

49. Cypress ha



50. On inform


patent.

51. Cypress in


52. Cypress ha

9





h instructions infringes the 770 patent. As det


















FOURTH CLAIM FOR RELIEF(Infringement of the 497 Patent)


ein.





ailed by the user



nstitutes direct


by end-users.


ckBerry Infringing


e; and BlackBerry



kBerrys infringing

ss BlackBerrys






11/16

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28


patent.

53. BlackBerr


Products in the United Sta

54. BlackBerr

2012.

55. BlackBerr


Touchscreen Products. B

the 497 patent by market

belief, at least one Black

by acting as instructed by

distributors of the BlackB

information that instruct

Touchscreen Products, wi

497 patent. As detailed

BlackBerry Infringing To


BlackBerrys instructions

awareness of the 497 pat

cause direct infringement

56. BlackBerr



infringing; the component

BlackBerry supplied the c

the component was especi

10





tes.




ackBerry intentionally took action that induced

ng, selling, and supporting the infringing devic

erry end customer or distributor has directly in

BlackBerry. For example, BlackBerry supplies

erry Infringing Touchscreen Products with user

ownstream users how to operate the BlackBerr

th knowledge that use in accordance with such i

y the user manuals and other information suppl

chscreen Products infringe multiple Cypress p

chscreen Products by end customers or distrib

constitutes direct infringement of the 497 pate

nt and knew, or was willfully blind to the fact,

by end-users.



ackBerry supplied a component whose use by

is not a common component suitable for non-i

omponent with the knowledge of the 497 pate

ally made or adapted for use in an infringing m



fringing Touchscreen

nce at least February 6,


kBerry Infringing

end-users to infringe

s. On information and

ringed the 497 patent

end customers and

manuals and other

Infringing

nstructions infringes the

ed by BlackBerry, the

tents. Sale or use of the

tors in accordance with

t. BlackBerry had

that its actions would


ckBerry Infringing

ownstream users is

fringing use; and

t and knowledge that

nner.


12/16

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

57. BlackBerr

271.

58. Cypress ha



59. On inform


patent.

60. Cypress in


61. Cypress ha


patent.

62. BlackBerr



63. BlackBerr

2012.

64. BlackBerr









11








FIFTH CLAIM FOR RELIEF(Infringement of the 015 Patent)


ein.





tes.












kBerrys infringing

ss BlackBerrys








nce at least February 6,


kBerry Infringing




end customers and

manuals and other

Infringing



13/16

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28







65. BlackBerr






66. BlackBerr

271.

67. Cypress ha



68. On inform


patent.

69. Cypress in


70. Cypress ha


patent.

71. BlackBerr


12







by end-users.













SIXTH CLAIM FOR RELIEF(Infringement of the 973 Patent)


ein.








t. BlackBerry had



ckBerry Infringing

ownstream users is

fringing use; and


nner.


kBerrys infringing

ss BlackBerrys









14/16

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28


72. BlackBerr

10, 2013.

73. BlackBerr















74. BlackBerr






75. BlackBerr

271.

76. Cypress ha


13


tes.
















by end-users.










nce at least September


kBerry Infringing




end customers and

manuals and other

Infringing





t. BlackBerry had



ckBerry Infringing

ownstream users is

fringing use; and


nner.


kBerrys infringing

ss BlackBerrys


15/16

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28


77. On inform


patent.

WHEREFORE, C

a. Enter judg

825, and 770 patents an

015, and 973 patents;

b. Enter an or

agents, servants, employe

active concert or participa

the United States or impo

Asserted Patents;

c. Award Cy

infringement in an amoun

d. Find this t

e. Award Cy

and award Cypress its cos

f. Perform a

award Cypress additional

g. Award Cy

Court deems just and app

14





PRAYER FOR RELIEF

press requests that this Court grant the followi

ent that the BlackBerry Infringing USB Produ

the BlackBerry Infringing Touchscreen Produ

der permanently enjoining BlackBerry and its o

s, attorneys, licensees, successors, assigns, and

tion with any of them, from making, using, offe

ting into the United States any devices that infr

ress its damages, including lost profits, resultin

t to be determined at trial, pursuant to 35 U.S.C

be an exceptional case pursuant to 35 U.S.C.

ress prejudgment interest and post-judgment in

ts;

accounting of BlackBerrys infringing sales no

damages from any such infringing sales; and

ress its costs and attorneys fees and such othe

opriate.



g relief:

cts infringe the 103,

ts infringe the 497,

fficers, directors,

customers, and those in

ring to sell, or selling in

nge any claim of the

g from BlackBerrys

. 284;

285;

terest on its damages

t presented at trial and

and further relief as the


16/16

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

Pursuant to Rule 3

trial by jury on all issues r

Dated: September 10, 20

15

DEMAND FOR JURY TRIAL

8(b) of the Federal Rules of Civil Procedure, C

aised by the Complaint.

3 Respectfully submitted,

KAYE SCHOLER LLP

By /s/ Michael J. Male

Michael J. Malecek

Attorneys for Plaint

CYPRESS SEMIC

CORPORATION

press hereby demands

ek

ff

NDUCTOR

Cypress Semiconductor v. BlackBerry et. al.

Documents

Transcript of Cypress Semiconductor v. BlackBerry et. al.