Christopher E.

Hawk, OSB #061635 Gordon & Rees LLP 121 SW Morrison Street, Suite 1575 Portland, OR 97204 Phone: (503) 222-1075 Email: [email protected] Glenn E. Westreich (pro hac vice pending) Steve M. Levitan (pro hac vice pending) Clark S. Stone (pro hac vice pending) Inchan A. Kwon (pro hac vice pending) 2033 Gateway Place, Suite 300 San Jose, CA 95110 Phone: (408) 660-4120 Email: [email protected] Attorneys for Plaintiff FUTEK HOLDINGS LLC

UNITED STATES DISTRICT COURT DISTRICT OF OREGON PORTLAND DIVISION

FUTEK HOLDINGS LLC, an Oregon limited liability company, Plaintiff, v. MAGNETIC SOLUTIONS LIMITED, a Republic of Ireland limited company; TOKYO ELECTRON LIMITED, a Japan corporation; and TOKYO ELECTRON AMERICA, INC., a Texas corporation, Defendants.

Case No.:_________________

COMPLAINT FOR PATENT INFRINGEMENT DEMAND FOR JURY TRIAL

COMPLAINT FOR PATENT INFRINGEMENT; DEMAND FOR JURY TRIAL

Plaintiff, by its attorneys, alleges as follows: I. 1. THE PARTIES

Plaintiff FUTEK HOLDINGS LLC (Futek) is a limited liability company

organized and existing under the laws of the state of Oregon, with its principal place of business located at 1915 NW Amberglen Parkway, Suite 400, Beaverton, OR 97006-6900. 2. On information and belief, Defendant MAGNETIC SOLUTIONS LIMITED

(Magnetic Solutions) is a private limited company organized and existing under the laws of the Republic of Ireland, with its principal place of business located in Dublin, Ireland, and with a U.S. office located at 12701 Welcome Lane, Burnsville, MN 55337. 3. On information and belief, Defendant TOKYO ELECTRON LIMITED (TEL

JAPAN) is a corporation organized and existing under the laws of Japan, with its principal place of business located in Tokyo, Japan. TEL JAPAN states on its website that it has multiple U.S. office locations, including an office located at 20175 NW Amberglen Court, Suite 140, Beaverton, OR 97006. 4. On information and belief, Defendant TOKYO ELECTRON AMERICA, INC.

(TEL USA; together with TEL JAPAN, TEL) is a corporation organized and existing under the laws of the state of Texas, with its principal place of business located 2400 Grove Blvd., Austin, TX 78741, and with multiple U.S. office locations, including an office located at 20175 NW Amberglen Court, Suite 140, Beaverton, OR 97006, and a registered agent for service of process at 285 Liberty St. NE, Salem, OR 97301. II. 5. JURISDICTION AND VENUE

This Court has subject matter jurisdiction pursuant to 28 U.S.C. 1331 (federal

question) and 1338(a) (action arising under an Act of Congress related to patents).

COMPLAINT FOR PATENT INFRINGEMENT; DEMAND FOR JURY TRIAL

6.

This Court has personal jurisdiction over Defendants Magnetic Solutions and TEL

because Defendants have constitutionally sufficient contacts with Oregon to make personal jurisdiction proper in this Court. In particular, on information and belief, Defendants have purposefully directed activities to this judicial district, including offering for sale and/or selling and/or importing products which infringe one or both of the patents asserted in this Complaint. 7. Venue is proper in this district pursuant to 28 U.S.C. 1391(b), 1391(c) and

1400(b) because a substantial part of the events giving rise to the claims occurred in this district, and Defendants have sufficient contacts with this district to subject them to personal jurisdiction. 8. Assignment of this case to the Portland Division is proper because a substantial

part of the events giving rise to the claims alleged in this action occurred in the Portland Division. III. 9. BACKGROUND

Futek, including its affiliated companies, is a leading manufacturer and seller of

magnetic annealing systems and tools. 10. On information and belief, Magnetic Solutions is a major manufacturer and seller

of magnetic annealing systems and tools. 11. Magnetic Solutions advertises a number of magnetic annealing systems or tools

on its website, which it states are used throughout the data storage and semiconductor industry in . . . the production of magneto-electronic devices. Magnetic Solutions describes the process of magnetic annealing on its website as annealing [a ferromagnetic] layer in a magnetic field at a specified temperature. 12. On information and belief, TEL is a global supplier of semiconductor production

equipment, including magnetic annealing systems and tools. On information and belief, TEL has

COMPLAINT FOR PATENT INFRINGEMENT; DEMAND FOR JURY TRIAL

acted and/or is acting as an intermediary or agent for Magnetic Solutions in the offering for sale and/or selling of Magnetic Solutions magnetic annealing tools in the United States. 13. On information and belief, Defendants Magnetic Solutions and TEL are involved

in the business of offering to sell and/or selling magnetic annealing tools to customers in the United States or exporting and/or importing magnetic annealing tools into the United States. COUNT I PATENT INFRINGEMENT (661 Patent) 14. herein. 15. On August 3, 2002, United States Letters Patent No. 6,433,661 (hereinafter the Futek incorporates the allegations of paragraphs 1-12 as though fully set forth

661 patent) entitled Magnetic-Field Thermal Treatment Apparatus Capable of Reducing Weight and Utility Consumption Thereof was duly and legally issued in the name of the inventors, Junichi Mita, Kazuhito Yamamoto, and Hiroto Ueno. A true and correct copy of the 661 patent is attached to this Complaint as Exhibit A. 16. Futek is the assignee of the 661 patent. A true and correct copy of the Notice of

Recordation of Assignment Document and assignment for the 661 patent is attached to this Complaint as Exhibit C. 17. 18. The 661 patent is in full force and effect and Futek continues to own it. Defendants, and each of them, have infringed and are currently infringing the

661 patent by importing, offering for sale, selling, and/or using certain magnetic annealing tools embodying the invention claimed in the 661 patent. 19. Each of Defendants infringing activities is without the consent of, authority of, or

license from Futek.

COMPLAINT FOR PATENT INFRINGEMENT; DEMAND FOR JURY TRIAL

20.

As a direct and proximate result of Defendants infringement, Futek has suffered

damages in an amount that cannot yet be fully ascertained, which will be proven at trial. 21. Unless preliminarily and/or permanently enjoined, Defendants, and each of them,

will continue to engage in the aforementioned acts to Futeks further and continuing damage. Such continuing acts, unless enjoined, will cause irreparable damage in that Futek will have no adequate remedy at law to compel Defendants to cease such acts. COUNT II PATENT INFRINGEMENT (416 Patent) 22. herein. 23. On February 20, 2007, United States Letters Patent No. 7,179,416 (hereinafter the Futek incorporates the allegations of paragraphs 1-21 as though fully set forth

416 patent) entitled Heat Treatment Apparatus was duly and legally issued in the name of the inventor, Hiroto Ueno. A true and correct copy of the 416 patent is attached to this Complaint as Exhibit B. 24. Futek is the assignee of the 416 patent. A true and correct copy of the Notice of

Recordation of Assignment Document and assignment for the 661 and 416 patents is attached to this Complaint as Exhibit C. 25. 26. The 416 patent is in full force and effect and Futek continues to own it. Defendants, and each of them, have infringed and are currently infringing the

416 patent by importing, offering for sale, selling, and/or using certain magnetic annealing tools embodying the invention claimed in the 416 patent. 27. Each of Defendants infringing activities is without the consent of, authority of, or

license from Futek.

COMPLAINT FOR PATENT INFRINGEMENT; DEMAND FOR JURY TRIAL

28.

As a direct and proximate result of Defendants infringement, Futek has suffered

damages in an amount that cannot yet be fully ascertained, which will be proven at trial. 29. Unless preliminarily and/or permanently enjoined, Defendants will continue to

engage in the aforementioned acts to Futeks further and continuing damage. Such continuing acts, unless enjoined, will cause irreparable damage in that Futek will have no adequate remedy at law to compel Defendants to cease such acts. PRAYER FOR RELIEF WHEREFORE, Plaintiff Futek prays for judgment on the complaint as follows: A. Judgment in favor of Futek and against each and every Defendant for

infringement of the 661 and the 416 patents; B. Entry of a preliminary and permanent injunction enjoining each and every

Defendant, their affiliated entities, their officers, agents, servants, employees, and attorneys, and those persons in active concert or participation with them who receive actual notice thereof, from directly or indirectly infringing, or inducing the infringement of the 661 or the 416 patents; C. An award of Futeks damages for infringement by each and every Defendant in an

amount adequate to compensate, but in no event less than a reasonable royalty; E. Entry of judgment for Futeks costs, interest, and reasonable attorneys fees

incurred herein; and F. Such other and further relief as the Court may deem just and appropriate.

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COMPLAINT FOR PATENT INFRINGEMENT; DEMAND FOR JURY TRIAL

DEMAND FOR JURY TRIAL Plaintiff demands trial by jury on all issues so triable. Dated: July 13, 2012 /s/ Christopher E. Hawk Christopher E. Hawk GORDON & REES LLP 121 SW Morrison St., Suite 1575 Portland, OR 97204 Tel. (503) 222-1075 Email: [email protected] Counsel for Futek Holdings LLC

COMPLAINT FOR PATENT INFRINGEMENT; DEMAND FOR JURY TRIAL