FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENTAND DEMAND FOR JURY TRIAL - CASE NO. 11-00827-LB

12345678910111213141516171819202122232425262728CLARK S. STONE (SBN 202123)PATRICK LUNDELL (SBN 273506)HAYNES AND BOONE, LLP2033 Gateway Place, Suite 300San Jose, California 95110Phone: (408) 660-4120Facsimile: (408) 660-4121E-mail: clark.stone@haynesboone.compatrick.lundell@haynesboone.comAttorneys for PlaintiffsSHERMAN & ASSOCIATES, INC. andDR. ARTHUR SHERMAN, PH.D.UNITED STATES DISTRICT COURTNORTHERN DISTRICT OF CALIFORNIAOAKLAND DIVISIONSHERMAN & ASSOCIATES, INC., aDelaware Corporation, and DR. ARTHURSHERMAN, PH.D., an individual,Plaintiffs,v.OXFORD INSTRUMENTS, PLC, a BritishCorporation, and OXFORD INSTRUMENTSAMERICA, INC., a Massachusetts Corporation,Defendants; andASM INTERNATIONAL N.V., a NetherlandsCorporation, and ASM AMERICA, INC., aDelaware Corporation,Defendant Patent Owners. Case No. 11-00827-LB

FIRST AMENDED COMPLAINT FORPATENT INFRINGEMENTDEMAND FOR JURY TRIAL

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FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENTAND DEMAND FOR JURY TRIAL - CASE NO. 11-00827-LB

12345678910111213141516171819202122232425262728Plaintiffs, by their attorneys, allege as follows:

THE PARTIES

Dr. Arthur Sherman, Ph.D. is an individual currently residing in Ivoryton, Connecticut.2.

Sherman & Associates, Inc. is a Delaware corporation with its principal place of business in Ivoryton, Connecticut. Dr. Arthur Sherman, Ph.D. and Sherman & Associates, Inc. arehereinafter collectively referred to as “SHERMAN.”3.

On information and belief, Defendant Oxford Instruments, plc is a corporationorganized and existing under the laws of Great Britain, with its principal place of business locatedat Tubney Woods, Abingdon, Oxfordshire OX13 5QX.4.

On information and belief, Oxford Instruments America, Inc., is a Massachusettscorporation qualified to do business in the State of California, with an office located at 7020 KollCenter Parkway, Suite 140, Pleasanton, California 94588.5.

On information and belief, Oxford Instruments America, Inc., is a wholly-ownedsubsidiary of Oxford Instruments, plc. Oxford Instruments, plc and Oxford Instruments America,Inc. are hereinafter referred to as “OXFORD.”6.

On information and belief, OXFORD is presently, and has at all times relevant to thisComplaint conducted business within this District at least through offices located at 7020 KollCenter Parkway, Suite 140, Pleasanton, California 94588 and at 360 El Pueblo Road, Suite 104,Scotts Valley, California 95066.7.

On information and belief, ASM International, N.V. (“ASMI”) is a corporationorganized and existing under the laws of the Netherlands, having a principal place of business atVersterkerstraat 8, 1322 AP Almere, The Netherlands.8.

On information and belief, ASM America, Inc. (“ASMA”) is a Delaware corporationqualified to do business in the State of California, with an office located at 97 East Brokaw Road,Suite 100, San Jose, California, 95112.9.

On information and belief, ASMA is a wholly-owned subsidiary of ASMI. ASMA andASMI are hereinafter collectively referred to as “ASM.”

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FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENTAND DEMAND FOR JURY TRIAL - CASE NO. 11-00827-LB

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On information and belief, ASM is presently, and has at all times relevant to thisComplaint conducted business within this District at least through offices located at 97 EastBrokaw Road, Suite 100, San Jose, California, 95112.11.

ASM is the lawful assignee of United States Letters Patent No. 6,652,924 (hereinafter“the Sherman ‘924 Patent”), the patent asserted in this lawsuit. SHERMAN is the exclusivelicensee of the Sherman ‘924 Patent within a specified field of use.12.

As a result of the foregoing, ASM has an interest in the outcome of this litigation, andis a proper party to this action as a plaintiff, defendant, defendant patent owner, or involuntaryplaintiff, whichever designation is deemed appropriate by this Court.

JURISDICTION AND VENUE

13.

This Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331 and 1338(a)because this action arises under the patent laws of the United States, including 35 U.S.C. § 271 etseq.14.

This Court has personal jurisdiction over OXFORD because OXFORD hasconstitutionally sufficient contacts with California to make personal jurisdiction proper in thisCourt, including having regular and established places of business within this judicial district atleast at 7020 Koll Center Parkway, Suite 140, Pleasanton, California 94588 and at 360 El PuebloRoad, Suite 104, Scotts Valley, California 95066.15.

On information and belief, OXFORD solicits business within this district andelsewhere in California, and derives substantial revenue from the sale of its products and/orservices within this district and elsewhere in California.16.

On information and belief, OXFORD has purposefully directed activities to this judicial district, by actively participating in marketing events conducted within this judicial districtand by selling products which infringe the patent asserted in this Complaint to customers locatedwithin this judicial district.17.

This Court has personal jurisdiction over ASM because ASM has constitutionallysufficient contacts with California to make personal jurisdiction proper in this Court, including