EDWARD
V.
KING, BAR evking@kingand
KING
KELLEHER, LLP Four Embarcadero Center, S
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San Francisco CA 94 1
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Telephone: 4 15.78 1.2888 Facsimile: 41 5.781.301
LY
Kevin P. Anderson (D.C.
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WI KING
kanderson@wileyrein.co
NORTHERN
LERK
U.S,
ISTI3ICT ISTRICT
F
CALIFO~~~JIA
OURT
WILEY REIN LLP 1776 Street NW Washington, DC 20006 Telephone: 202.7 9.7000 Facsimile: 202.7 19.7049 Attorney for ARM Ltd. and ARM, Inc.
URT FOR TH NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DlVISION
i R
ARM, LTD. AND ARM,
IN
I
1
)
laintiffs,
1
)
ARM LTD. AND ARM, INC. S
)
COMPLAINT FOR
v.
)
DECLARATORY JUDGMENT
1
efendants. Plaintiffs ARM, Ltd.
a~)d
ARM, Inc. (collectively ARM ) for their Complaint for Declaratory Judgment against efendant MOSAID Technologies Inc. ( MOSAID ), hereby demand a jury trial and allege follows:
NATURE OF THE ACTION
1.
This is an actio for declaratory judgment of non-infringement and invalidity of seven United States Patents er the Declaratory Judgment
Act,
28 U.S.C.
9
2201-02, and the patent laws of the United U.S.C.
1
et seq., and for such other relief as the Court
several venues in the United
ACKGROUND
OF THE
DISPUTE
5. This action arises in connection with a set of seven United deems just and proper. 2. ARM, Ltd. and corporation organized under States patents that MOSAID rports either to own or to be the. exclusive licensee thereof, These seven patents consist of five for which certain rights were purportedly procured through LSI Corporation (the LSI and two patents for which MOSAID is listed on the patents as the assignee (the (collectively the Asserted Patents ) States Patent Nos. 5,577,230 (the 230 Patent ); (the '036 Patent ); 6,141,762 (the 762 Patent );
THE PARTIES
ARM, Inc. are subsidiaries of ARM Holdings plc. ARM, Ltd. is a :he laws of the England and Wales, with its principal place of 6,256,725 (the 725 Patent ). 7. The MOSAID are United States Patent Nos. 7,05 1,306 (the 306 Patent ) and 7,4 15,680 (the 680
8
MOSAID received the rights from LSI Corporation to be the exclusive licensee of the LSI time period of 10 years commencing from May 2007 from LSI 2007I070508.php. businesses in Cambridge, England.
3
ARM, Inc. is
r
the laws of California, with its 4. Based on duly organized and existing business at Hines Road, business of patent acquisition subsidiary of ARM Holdings plc and a corporation organized under principal place of business in San Jose, California. asse~.tions y Defendant MOSAID, Defendant MOSAID is a corporation uhder the laws of Ontario, Canada, having a principal place of Si.ite 203, Kanata, Ontario K2K 2x1, Canada. MOSAID is in the and enforcement, and has filed patent law suits in district courts in
9
LSI corporate headquarters are at 162 Barber Lane, Milpitas, CA 95035, which is [Jnited States Patent Nos. 7,05 1,306 (the
"
306 Patent ) to the face of the Mosaid Patents, the persons in Cupertino, CA and San Jose, CA which are sell larger integrated circuits, hich are commonly referred to as processor chips. The processor design supplied by is commonly referred to as the ARM core or ARM processor core. These core known by the generation or family of the design. For example, the ARM9 the ARM926EJ-S core. A newer ARM both located in this District. patents was MOSAID within this District. 1. For at least 2 threats of infringement based, customers'/licensees' products. 12. ARM is a leading computers and numerous other size. ARM processor designs over the world. 13. ARM designs larger integrated circuits and family would include cores as the ARM1 136EJ-S core. 14. To help mainta competitive position, ARM invests heavily in research and development--over $100 the last year alone. One of ARM'S primary
U.S.
facilities is located in San Jose, San Jose facility employs over
300
scientists, engineers, and other in addition to numerous sales, marketing and support According to the face of the Mosaid Patents, the assignee of these Technologies Corporation, Sunnyvale CA
(US).
Sunnyvale
is
located years, MOSAID has been harassing ARM'S customers/licensees with at least in part, upon the inclusion of ARM processor cores in the designer of processors used in cellular telephones, handheld electronic products requiring low power consumption and small are incorporated into the integrated circuits of products sold all processors that can be embedded into and form a component of licenses these processor designs to other companies that make and
ARM, LTD. AND ARM, INC. S COMP AlNT FOR DECLARATORY JUDGMENT
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