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COMPLAINT FOR PATENT INFRINGEMENT
12345678910111213141516171819202122232425262728(“DRAM”) devices, as opposed to using lower numbers of higher-capacity, higher-cost DRAMdevices that would otherwise be imposed by memory controller limitations.9. SMART is a leading innovator in memory technology and is the assignee andowner of all rights, title, and interest in U.S. Patent No. 8,250,295 (the “‘295 Patent”)(Application No. 10/752,151 (the “‘151 application”)), entitled “Multi-Rank Memory ModuleThat Emulates A Memory Module Having A Different Number of Ranks.” The ‘295 Patent wasduly and legally issued on August 21, 2012, by the United States Patent and Trademark Office. Acopy of the ‘295 Patent is attached hereto as
.10. Netlist’s HyperCloud memory module products provide rank multiplicationcapability.
COUNT ONE(NETLIST’S INFRINGEMENT OFTHE ‘295 PATENT)
11. Each of the foregoing paragraphs 1-10 is incorporated by reference.12. On information and belief, Netlist manufactures, uses, offers for sale, sells,imports, or induces the same, products falling within the scope of one or more of the claims of the‘295 Patent, including, but not limited to, HyperCloud. As a result, Netlist has infringed, literallyor by equivalents, or both, continues to infringe, or threatens infringement of one or more of theclaims of the ‘295 Patent as defined by 35 U.S.C. § 271.13. SMART has suffered damage by reason of Netlist’s infringement and willcontinue to suffer additional damage until this Court enjoins the infringing conduct.14. On information and belief, Netlist is contributing to or inducing, or both, theinfringement of one or more claims of the ‘295 Patent by offering to sell and selling its systems,including, but not limited to, HyperCloud, to customers, buyers, sellers, users and others thatdirectly infringe the ‘295 Patent15. On information and belief, Netlist had knowledge of SMART’s ‘151 application.Netlist had knowledge that the ‘151 Application would issue as a patent, and the possibility thatits products infringe that patent, and has willfully, deliberately and intentionally infringed the‘295 Patent.
Case 2:12-cv-02319-MCE-EFB Document 1 Filed 09/10/12 Page 3 of 25