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Leon B. Silver (#012884) lsilver@polsinelli.com Nathan J. Kunz (#024819) nkunz@polsinelli.com POLSINELLI PC CityScape One E. Washington St., Ste. 1200 Phoenix, AZ 85004 Phone: (602) 650-2000 Fax: (602) 264-7033 Attorneys for Plaintiff IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA OEM Group, Inc., an Arizona corporation, Plaintiff, vs. Siconnex Amerika, LLC, and Siconnex Customized Solutions GmbH, a limited liability company formed under the laws of Austria, Defendants. Case No. COMPLAINT JURY DEMAND

Plaintiff OEM Group, Inc. alleges: Parties, Jurisdiction, and Venue 1. Plaintiff, OEM Group, Inc. (OEM), is an Arizona corporation with its

principal place of business in Maricopa County, Arizona. 2. Defendant, Siconnex Amerika, LLC, is an Arizona limited liability

company, with its principal place of business in Chandler, Arizona.

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3.

Defendant, Siconnex Customized Solutions GmbH, is a limited liability

company formed under the laws of Austria, and it maintains and operates its Siconnex America office in Scottsdale, Arizona. 4. On information and belief, Siconnex Amerika, LLC is a subsidiary of Siconnex Amerika, LLC and Siconnex

Siconnex Customized Solutions GmbH.

Customized Solutions GmbH are collectively referred to hereinafter as Defendants or SICONNEX. 5. This is an action for patent infringement in which OEM seeks preliminary

and permanent injunctive relief as well as damages resulting from Defendants infringement of the following patents: U.S. Patent No. 6,267,125 (the 125 Patent) (a true and correct copy of which is attached hereto as Ex. A); U.S. Patent No. 6,273,108 (the 108 Patent) (a true and correct copy of which is attached hereto as Ex. B); U.S. Patent No. 6,843,857 (the 857 Patent) (a true and correct copy of which is attached hereto as Ex. C); U.S. Patent No. 6,601,594 (the 594 Patent) (a true and correct copy of which is attached hereto as Ex. D); U.S. Patent No. 6,701,941 (the 941 Patent) (a true and correct copy of which is attached hereto as Ex. E); U.S. Patent No. 6,869,487 (the 487 Patent) (a true and correct copy of which is attached hereto as Ex. F); U.S. Patent No. 6,622,398 (the 398 Patent) (a true and correct copy of which is attached hereto as Ex. G); U.S. Patent No. 6,408,535 (the 535 Patent) (a true and correct copy of which is attached hereto as Ex. H);

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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 9. 6.

U.S. Patent No. 7,163,588 (the 588 Patent) (a true and correct copy of which is attached hereto as Ex. I); U.S. Patent No. 7,264,680 (the 680 Patent) (a true and correct copy of which is attached hereto as Ex. J); U.S. Patent No. 7,305,999 (the 999 Patent) (a true and correct copy of which is attached hereto as Ex. K); and U.S. Patent No. 6,062,239 (the 239 Patent) (a true and correct copy of which is attached hereto as Ex. L) (collectively the Patents).

This Court has subject matter jurisdiction over OEMs claims under 28

U.S.C. 1331 and 1338(a) because those claims arise under the patent laws of the United States, 35 U.S.C. 101, et seq. 7. This Court has personal jurisdiction over Defendants because Defendants

operate an office in this District, and committed acts of infringement within this District by offering for sale infringing products and services in this District. 8. A substantial part of the events or omissions giving rise to this action

occurred in this District. Venue is proper under 28 U.S.C. 1391(b) and 1400(b). General Allegations This litigation arises from acts of patent infringement committed by

Defendants in this District in a continuing effort to compete unfairly with OEM. 10. The Patents cover technology related to, among other things, systems,

methods and apparatuses for cleaning and etching semiconductive wafers. The wafers are used in various applications. OEM is the owner by assignment of the Patents. 11. With global headquarters in metro Phoenix, Arizona, and additional sites

throughout the United States, Europe, and Asia, OEM is a semiconductor capital equipment manufacturer and innovator in new and remanufactured tools and services for the light emitting diode (LED), micro-electro-mechanical systems (MEMS), Wireless,

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Power, Energy Harvesting, wafer level package (WLP), Data Storage and Logic markets. COUNT IInfringement of U.S. Patent 6,267,125 12. 13. OEM incorporates each preceding allegation herein. SICONNEX directly infringes, actively induces infringement, and/or

contributes to the infringement of one or more claims of the 125 Patent within the meaning of 35 U.S.C. 271 by making, using, selling, impermissibly reconstructing, and/or offering to sell infringing products and services within the United States. 14. SICONNEX directly infringes the 125 Patent by making, using, selling,

and offering for sale batch tools and other products and services within the United States, including, but not limited to, applications sold as BATCHSPRAY ACID and BATCHSPRAY CLEAN (the Accused Products). The Accused Products infringe the 125 Patent because, among other things, they are used to process wafers in a process chamber that utilizes SICONNEXs SICOZONE Clean system for introducing ozone as well as a well as a spray arrangement for spraying heated liquid and/or ozone into the processing chamber as the wafers are being rotated. The Accused Products, the

SICOZONE Clean system, and other of SICONNEXs products and services infringe the claims of the 125 Patent. 15. SICONNEXs products and services at issue constitute a component of a

patented machine, article, manufacture, combination, or composition, or a material or apparatus for use in practicing processes patented by the 125 Patent. 16. SICONNEXs products and services at issue constitute a material part of

the invention claimed by the 108 Patent, and SICONNEX knows and has known that the same are especially made or especially adapted for use in an infringement of the 125 Patent. 17. SICONNEXs products and services at issue are not staple articles or

commodities of commerce suitable for substantial noninfringing use.

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18.

Others directly infringe the 125 Patent by making, using, selling, and/or

offering to sell infringing products and services within the United States. 19. Others directly infringe the 125 Patent through performance of the

methods claimed in the 125 Patent using SICONNEXs products and services. 20. On information and belief, SICONNEX has actual or constructive

knowledge of the 125 Patent. 21. On information and belief, SICONNEX knows that others infringe the

125 Patent by making, using, selling and/or offering for sale infringing products and services within the United States. 22. On information and belief, SICONNEX specifically intends to induce

others to infringe the 125 Patent and/or perform the methods claimed in the 125 Patent by using SICONNEXs products and services. 23. On information and belief, SICONNEX specifically intends and takes

steps to ensure that others will directly infringe the 125 Patent through the sale, purchase and/or use of SICONNEXs products and services. 24. SICONNEXs conduct has damaged and will continue to damage OEM in

an amount to be proven at trial. 25. On information and belief, SICONNEXs infringement of the 125 Patent

is and has been willful, making this case exceptional under 35 U.S.C. 285. 26. SICONNEX threatens to continue to engage in the acts complained of

herein and, unless restrained and enjoined, will continue to do so, all to OEMs irreparable injury. It would be difficult to ascertain the amount of compensation that would afford OEM adequate relief for such future and continuing acts, and a multiplicity of judicial proceedings would be required. OEM does not have an adequate remedy at law to compensate it for the injuries threatened.

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COUNT IIInfringement of U.S. Patent 6,273,108 OEM incorporates each preceding allegation herein. SICONNEX directly infringes, actively induces infringement, and/or

contributes to the infringement of one or more claims of the 108 Patent within the meaning of 35 U.S.C. 271 by making, using, selling, and/or offering to sell infringing products and services within the United States. 29. SICONNEX directly infringes the 108 Patent by making, using, selling,

and offering for sale batch tools and other products and services within the United States, including, but not limited to, the Accused Products and the Accused Products utilization of SICONNEXs SICOZONE Clean system. The Accused Products, the SICOZONE Clean system, and other of SICONNEXs products and services infringe the claims of the 108 Patent. 30. SICONNEXs products and services at issue constitute a component of a

patented machine, article, manufacture, combination, or composition, or a material or apparatus for use in practicing processes patented by the 108 Patent. 31. SICONNEXs products and services at issue constitute a material part of

the invention claimed by the 108 Patent, and SICONNEX knows and has known that the same are especially made or especially adapted for use in an infringement of the 108 Patent. 32. SICONNEXs products and services at issue are not staple articles or

commodities of commerce suitable for substantial noninfringing use. 33. Others directly infringe the 108 Patent by making, using, selling, and/or

offering to sell infringing products and services within the United States. 34. Others directly infringe the 108 Patent through performance of the

methods claimed in the 108 Patent using SICONNEXs products and services. 35. On information and belief, SICONNEX has actual or constructive

knowledge of the 108 Patent.

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36.

On information and belief, SICONNEX knows that others infringe the

108 Patent by making, using, selling and/or offering for sale infringing products and services within the United States. 37. On information and belief, SICONNEX specifically intends to induce

others to infringe the 108 Patent and/or perform the methods claimed in the 108 Patent by using SICONNEXs products and services. 38. On information and belief, SICONNEX specifically intends and takes

steps to ensure that others will directly infringe the 108 Patent through the sale, purchase and/or use of SICONNEXs products and services. 39. SICONNEXs conduct has damaged and will continue to damage OEM in

an amount to be proven at trial. 40. On information and belief, SICONNEXs infringement of the 108 Patent

is and has been willful, making this case exceptional under 35 U.S.C. 285. 41. SICONNEX threatens to continue to engage in the acts complained of

herein and, unless restrained and enjoined, will continue to do so, all to OEMs irreparable injury. It would be difficult to ascertain the amount of compensation that would afford OEM adequate relief for such future and continuing acts, and a multiplicity of judicial proceedings would be required. OEM does not have an adequate remedy at law to compensate it for the injuries threatened. COUNT IIIInfringement of U.S. Patent 6,843,857 42. 43. OEM incorporates each preceding allegation herein. SICONNEX directly infringes, actively induces infringement, and/or

contributes to the infringement of one or more claims of the 857 Patent within the meaning of 35 U.S.C. 271 by making, using, selling, and/or offering to sell infringing products and services within the United States. 44. SICONNEX directly infringes the 857 Patent by making, using, selling,

and offering for sale batch tools and other products and services within the United States,

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including, but not limited to, the Accused Products and the Accused Products utilization of SICONNEXs SICOZONE Clean system. The Accused Products, the SICOZONE Clean system, and other of SICONNEXs products and services infringe the claims of the 857 Patent. 45. SICONNEXs products and services at issue constitute a component of a

patented machine, article, manufacture, combination, or composition, or a material or apparatus for use in practicing processes patented by the 857 Patent. 46. SICONNEXs products and services at issue constitute a material part of

the invention claimed by the 857 Patent, and SICONNEX knows and has known that the same are especially made or especially adapted for use in an infringement of the 108 Patent. 47. SICONNEXs products and services at issue are not staple articles or

commodities of commerce suitable for substantial noninfringing use. 48. Others directly infringe the 857 Patent by making, using, selling, and/or

offering to sell infringing products and services within the United States. 49. Others directly infringe the 857 Patent through performance of the

methods claimed in the 857 Patent using SICONNEXs products and services. 50. On information and belief, SICONNEX has actual or constructive

knowledge of the 857 Patent. 51. On information and belief, SICONNEX knows that others infringe the

857 Patent by making, using, selling and/or offering for sale infringing products and services within the United States. 52. On information and belief, SICONNEX specifically intends to induce

others to infringe the 857 Patent and/or perform the methods claimed in the 857 Patent by using SICONNEXs products and services. 53. On information and belief, SICONNEX specifically intends and takes

steps to ensure that others will directly infringe the 857 Patent through the sale, purchase

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and/or use of SICONNEXs products and services. 54. SICONNEXs conduct has damaged and will continue to damage OEM in

an amount to be proven at trial. 55. On information and belief, SICONNEXs infringement of the 857 Patent

is and has been willful, making this case exceptional under 35 U.S.C. 285. 56. SICONNEX threatens to continue to engage in the acts complained of

herein and, unless restrained and enjoined, will continue to do so, all to OEMs irreparable injury. It would be difficult to ascertain the amount of compensation that would afford OEM adequate relief for such future and continuing acts, and a multiplicity of judicial proceedings would be required. OEM does not have an adequate remedy at law to compensate it for the injuries threatened. COUNT IVInfringement of U.S. Patent 6,601,594 57. 58. OEM incorporates each preceding allegation herein. SICONNEX directly infringes, actively induces infringement, and/or

contributes to the infringement of one or more claims of the 594 Patent within the meaning of 35 U.S.C. 271 by making, using, selling, and/or offering to sell infringing products and services within the United States. 59. SICONNEX directly infringes the 594 Patent by making, using, selling,

and offering for sale batch tools and other products and services within the United States, including, but not limited to, the Accused Products and the Accused Products utilization of SICONNEXs SICOZONE Clean system. The Accused Products, the SICOZONE Clean system, and other of SICONNEXs products and services infringe the claims of the 594 Patent. 60. SICONNEXs products and services at issue constitute a component of a

patented machine, article, manufacture, combination, or composition, or a material or apparatus for use in practicing processes patented by the 594 Patent.

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61.

SICONNEXs products and services at issue constitute a material part of

the invention claimed by the 594 Patent, and SICONNEX knows and has known that the same are especially made or especially adapted for use in an infringement of the 108 Patent. 62. SICONNEXs products and services at issue are not staple articles or

commodities of commerce suitable for substantial noninfringing use. 63. Others directly infringe the 594 Patent by making, using, selling, and/or

offering to sell infringing products and services within the United States. 64. Others directly infringe the 594 Patent through performance of the

methods claimed in the 594 Patent using SICONNEXs products and services. 65. On information and belief, SICONNEX has actual or constructive

knowledge of the 594 Patent. 66. On information and belief, SICONNEX knows that others infringe the

594 Patent by making, using, selling and/or offering for sale infringing products and services within the United States. 67. On information and belief, SICONNEX specifically intends to induce

others to infringe the 594 Patent and/or perform the methods claimed in the 594 Patent by using SICONNEXs products and services. 68. On information and belief, SICONNEX specifically intends and takes

steps to ensure that others will directly infringe the 594 Patent through the sale, purchase and/or use of SICONNEXs products and services. 69. SICONNEXs conduct has damaged and will continue to damage OEM in

an amount to be proven at trial. 70. On information and belief, SICONNEXs infringement of the 594 Patent

is and has been willful, making this case exceptional under 35 U.S.C. 285. 71. SICONNEX threatens to continue to engage in the acts complained of

herein and, unless restrained and enjoined, will continue to do so, all to OEMs irreparable

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injury. It would be difficult to ascertain the amount of compensation that would afford OEM adequate relief for such future and continuing acts, and a multiplicity of judicial proceedings would be required. OEM does not have an adequate remedy at law to compensate it for the injuries threatened. COUNT VInfringement of U.S. Patent 6,701,941 72. 73. OEM incorporates each preceding allegation herein. SICONNEX directly infringes, actively induces infringement, and/or

contributes to the infringement of one or more claims of the 941 Patent within the meaning of 35 U.S.C. 271 by making, using, selling, and/or offering to sell infringing products and services within the United States. 74. SICONNEX directly infringes the 941 Patent by making, using, selling,

and offering for sale batch tools and other products and services within the United States, including, but not limited to, the Accused Products and the Accused Products utilization of SICONNEXs SICOZONE Clean system. The Accused Products, the SICOZONE Clean system, and other of SICONNEXs products and services infringe the claims of the 941 Patent. 75. SICONNEXs products and services at issue constitute a component of a

patented machine, article, manufacture, combination, or composition, or a material or apparatus for use in practicing processes patented by the 941 Patent. 76. SICONNEXs products and services at issue constitute a material part of

the invention claimed by the 941 Patent, and SICONNEX knows and has known that the same are especially made or especially adapted for use in an infringement of the 941 Patent. 77. SICONNEXs products and services at issue are not staple articles or

commodities of commerce suitable for substantial noninfringing use. 78. Others directly infringe the 941 Patent by making, using, selling, and/or

offering to sell infringing products and services within the United States.

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79.

Others directly infringe the 941 Patent through performance of the

methods claimed in the 941 Patent using SICONNEXs products and services. 80. On information and belief, SICONNEX has actual or constructive

knowledge of the 941 Patent. 81. On information and belief, SICONNEX knows that others infringe the

941 Patent by making, using, selling and/or offering for sale infringing products and services within the United States. 82. On information and belief, SICONNEX specifically intends to induce

others to infringe the 941 Patent and/or perform the methods claimed in the 941 Patent by using SICONNEXs products and services. 83. On information and belief, SICONNEX specifically intends and takes

steps to ensure that others will directly infringe the 941 Patent through the sale, purchase and/or use of SICONNEXs products and services. 84. SICONNEXs conduct has damaged and will continue to damage OEM in

an amount to be proven at trial. 85. On information and belief, SICONNEXs infringement of the 941 Patent

is and has been willful, making this case exceptional under 35 U.S.C. 285. 86. SICONNEX threatens to continue to engage in the acts complained of

herein and, unless restrained and enjoined, will continue to do so, all to OEMs irreparable injury. It would be difficult to ascertain the amount of compensation that would afford OEM adequate relief for such future and continuing acts, and a multiplicity of judicial proceedings would be required. OEM does not have an adequate remedy at law to compensate it for the injuries threatened. COUNT VIInfringement of U.S. Patent 6,869,487 87. 88. OEM incorporates each preceding allegation herein. SICONNEX directly infringes, actively induces infringement, and/or

contributes to the infringement of one or more claims of the 487 Patent within the

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meaning of 35 U.S.C. 271 by making, using, selling, and/or offering to sell infringing products and services within the United States. 89. SICONNEX directly infringes the 487 Patent by making, using, selling,

and offering for sale batch tools and other products and services within the United States, including, but not limited to, the Accused Products and the Accused Products utilization of SICONNEXs SICOZONE Clean system. The Accused Products, the SICOZONE Clean system, and other of SICONNEXs products and services infringe the claims of the 487 Patent. 90. SICONNEXs products and services at issue constitute a component of a

patented machine, article, manufacture, combination, or composition, or a material or apparatus for use in practicing processes patented by the 487 Patent. 91. SICONNEXs products and services at issue constitute a material part of

the invention claimed by the 487 Patent, and SICONNEX knows and has known that the same are especially made or especially adapted for use in an infringement of the 487 Patent. 92. SICONNEXs products and services at issue are not staple articles or

commodities of commerce suitable for substantial noninfringing use. 93. Others directly infringe the 487 Patent by making, using, selling, and/or

offering to sell infringing products and services within the United States. 94. Others directly infringe the 487 Patent through performance of the

methods claimed in the 487 Patent using SICONNEXs products and services. 95. On information and belief, SICONNEX has actual or constructive

knowledge of the 487 Patent. 96. On information and belief, SICONNEX knows that others infringe the

487 Patent by making, using, selling and/or offering for sale infringing products and services within the United States.

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97.

On information and belief, SICONNEX specifically intends to induce

others to infringe the 487 Patent and/or perform the methods claimed in the 487 Patent by using SICONNEXs products and services. 98. On information and belief, SICONNEX specifically intends and takes

steps to ensure that others will directly infringe the 487 Patent through the sale, purchase and/or use of SICONNEXs products and services. 99. SICONNEXs conduct has damaged and will continue to damage OEM in

an amount to be proven at trial. 100. On information and belief, SICONNEXs infringement of the 487 Patent

is and has been willful, making this case exceptional under 35 U.S.C. 285. 101. SICONNEX threatens to continue to engage in the acts complained of

herein and, unless restrained and enjoined, will continue to do so, all to OEMs irreparable injury. It would be difficult to ascertain the amount of compensation that would afford OEM adequate relief for such future and continuing acts, and a multiplicity of judicial proceedings would be required. OEM does not have an adequate remedy at law to compensate it for the injuries threatened. COUNT VIIInfringement of U.S. Patent 6,622,398 102. 103. OEM incorporates each preceding allegation herein. SICONNEX directly infringes, actively induces infringement, and/or

contributes to the infringement of one or more claims of the 398 Patent within the meaning of 35 U.S.C. 271 by making, using, selling, and/or offering to sell infringing products and services within the United States. 104. SICONNEX directly infringes the 398 Patent by making, using, selling,

and offering for sale batch tools and other products and services within the United States, including, but not limited to, the Accused Products and the Accused Products utilization of SICONNEXs SICOZONE Clean system. The Accused Products, the SICOZONE Clean system, and other of SICONNEXs products and services infringe the claims of the

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398 Patent. 105. SICONNEXs products and services at issue constitute a component of a

patented machine, article, manufacture, combination, or composition, or a material or apparatus for use in practicing processes patented by the 398 Patent. 106. SICONNEXs products and services at issue constitute a material part of

the invention claimed by the 398 Patent, and SICONNEX knows and has known that the same are especially made or especially adapted for use in an infringement of the 398 Patent. 107. SICONNEXs products and services at issue are not staple articles or

commodities of commerce suitable for substantial noninfringing use. 108. Others directly infringe the 398 Patent by making, using, selling, and/or

offering to sell infringing products and services within the United States. 109. Others directly infringe the 398 Patent through performance of the

methods claimed in the 398 Patent using SICONNEXs products and services. 110. On information and belief, SICONNEX has actual or constructive

knowledge of the 398 Patent. 111. On information and belief, SICONNEX knows that others infringe the

398 Patent by making, using, selling and/or offering for sale infringing products and services within the United States. 112. On information and belief, SICONNEX specifically intends to induce

others to infringe the 398 Patent and/or perform the methods claimed in the 398 Patent by using SICONNEXs products and services. 113. On information and belief, SICONNEX specifically intends and takes

steps to ensure that others will directly infringe the 398 Patent through the sale, purchase and/or use of SICONNEXs products and services. 114. SICONNEXs conduct has damaged and will continue to damage OEM in

an amount to be proven at trial.

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115.

On information and belief, SICONNEXs infringement of the 398 Patent

is and has been willful, making this case exceptional under 35 U.S.C. 285. 116. SICONNEX threatens to continue to engage in the acts complained of

herein and, unless restrained and enjoined, will continue to do so, all to OEMs irreparable injury. It would be difficult to ascertain the amount of compensation that would afford OEM adequate relief for such future and continuing acts, and a multiplicity of judicial proceedings would be required. OEM does not have an adequate remedy at law to compensate it for the injuries threatened. COUNT VIIIInfringement of U.S. Patent 6,408,535 117. 118. OEM incorporates each preceding allegation herein. SICONNEX directly infringes, actively induces infringement, and/or

contributes to the infringement of one or more claims of the 535 Patent within the meaning of 35 U.S.C. 271 by making, using, selling, and/or offering to sell infringing products and services within the United States. 119. SICONNEX directly infringes the 535 Patent by making, using, selling,

and offering for sale batch tools and other products and services within the United States, including, but not limited to, the Accused Products and the Accused Products utilization of SICONNEXs SICOZONE Clean system. The Accused Products, the SICOZONE Clean system, and other of SICONNEXs products and services infringe the claims of the 535 Patent. 120. SICONNEXs products and services at issue constitute a component of a

patented machine, article, manufacture, combination, or composition, or a material or apparatus for use in practicing processes patented by the 535 Patent. 121. SICONNEXs products and services at issue constitute a material part of

the invention claimed by the 535 Patent, and SICONNEX knows and has known that the same are especially made or especially adapted for use in an infringement of the 535 Patent.

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122.

SICONNEXs products and services at issue are not staple articles or

commodities of commerce suitable for substantial noninfringing use. 123. Others directly infringe the 535 Patent by making, using, selling, and/or

offering to sell infringing products and services within the United States. 124. Others directly infringe the 535 Patent through performance of the

methods claimed in the 535 Patent using SICONNEXs products and services. 125. On information and belief, SICONNEX has actual or constructive

knowledge of the 535 Patent. 126. On information and belief, SICONNEX knows that others infringe the 535

Patent by making, using, selling and/or offering for sale infringing products and services within the United States. 127. On information and belief, SICONNEX specifically intends to induce

others to infringe the 535 Patent and/or perform the methods claimed in the 535 Patent by using SICONNEXs products and services. 128. On information and belief, SICONNEX specifically intends and takes steps

to ensure that others will directly infringe the 535 Patent through the sale, purchase and/or use of SICONNEXs products and services. 129. SICONNEXs conduct has damaged and will continue to damage OEM in

an amount to be proven at trial. 130. On information and belief, SICONNEXs infringement of the 535 Patent is

and has been willful, making this case exceptional under 35 U.S.C. 285. 131. SICONNEX threatens to continue to engage in the acts complained of

herein and, unless restrained and enjoined, will continue to do so, all to OEMs irreparable injury. It would be difficult to ascertain the amount of compensation that would afford OEM adequate relief for such future and continuing acts, and a multiplicity of judicial proceedings would be required. OEM does not have an adequate remedy at law to compensate it for the injuries threatened.

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COUNT IXInfringement of U.S. Patent 7,163,588 OEM incorporates each preceding allegation herein. SICONNEX directly infringes, actively induces infringement, and/or

contributes to the infringement of one or more claims of the 588 Patent within the meaning of 35 U.S.C. 271 by making, using, selling, and/or offering to sell infringing products and services within the United States. 134. SICONNEX directly infringes the 588 Patent by making, using, selling,

and offering for sale batch tools and other products and services within the United States, including, but not limited to, the Accused Products and the Accused Products utilization of SICONNEXs SICOZONE Clean system. The Accused Products, the SICOZONE Clean system, and other of SICONNEXs products and services infringe the claims of the 588 Patent. 135. SICONNEXs products and services at issue constitute a component of a

patented machine, article, manufacture, combination, or composition, or a material or apparatus for use in practicing processes patented by the 588 Patent. 136. SICONNEXs products and services at issue constitute a material part of

the invention claimed by the 588 Patent, and SICONNEX knows and has known that the same are especially made or especially adapted for use in an infringement of the 588 Patent. 137. SICONNEXs products and services at issue are not staple articles or

commodities of commerce suitable for substantial noninfringing use. 138. Others directly infringe the 588 Patent by making, using, selling, and/or

offering to sell infringing products and services within the United States. 139. Others directly infringe the 588 Patent through performance of the

methods claimed in the 588 Patent using SICONNEXs products and services. 140. On information and belief, SICONNEX has actual or constructive

knowledge of the 588 Patent.

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141.

On information and belief, SICONNEX knows that others infringe the

588 Patent by making, using, selling and/or offering for sale infringing products and services within the United States. 142. On information and belief, SICONNEX specifically intends to induce

others to infringe the 588 Patent and/or perform the methods claimed in the 588 Patent by using SICONNEXs products and services. 143. On information and belief, SICONNEX specifically intends and takes

steps to ensure that others will directly infringe the 588 Patent through the sale, purchase and/or use of SICONNEXs products and services. 144. SICONNEXs conduct has damaged and will continue to damage OEM in

an amount to be proven at trial. 145. On information and belief, SICONNEXs infringement of the 588 Patent

is and has been willful, making this case exceptional under 35 U.S.C. 285. 146. SICONNEX threatens to continue to engage in the acts complained of

herein and, unless restrained and enjoined, will continue to do so, all to OEMs irreparable injury. It would be difficult to ascertain the amount of compensation that would afford OEM adequate relief for such future and continuing acts, and a multiplicity of judicial proceedings would be required. OEM does not have an adequate remedy at law to compensate it for the injuries threatened. COUNT XInfringement of U.S. Patent 7,264,680 147. 148. OEM incorporates each preceding allegation herein. SICONNEX directly infringes, actively induces infringement, and/or

contributes to the infringement of one or more claims of the 680 Patent within the meaning of 35 U.S.C. 271 by making, using, selling, and/or offering to sell infringing products and services within the United States. 149. SICONNEX directly infringes the 680 Patent by making, using, selling,

and offering for sale batch tools and other products and services within the United States,

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including, but not limited to, the Accused Products and the Accused Products utilization of SICONNEXs SICOZONE Clean system. The Accused Products, the SICOZONE Clean system, and other of SICONNEXs products and services infringe the claims of the 680 Patent. 150. SICONNEXs products and services at issue constitute a component of a

patented machine, article, manufacture, combination, or composition, or a material or apparatus for use in practicing processes patented by the 680 Patent. 151. SICONNEXs products and services at issue constitute a material part of

the invention claimed by the 680 Patent, and SICONNEX knows and has known that the same are especially made or especially adapted for use in an infringement of the 680 Patent. 152. SICONNEXs products and services at issue are not staple articles or

commodities of commerce suitable for substantial noninfringing use. 153. Others directly infringe the 680 Patent by making, using, selling, and/or

offering to sell infringing products and services within the United States. 154. Others directly infringe the 680 Patent through performance of the

methods claimed in the 680 Patent using SICONNEXs products and services. 155. On information and belief, SICONNEX has actual or constructive

knowledge of the 680 Patent. 156. On information and belief, SICONNEX knows that others infringe the

680 Patent by making, using, selling and/or offering for sale infringing products and services within the United States. 157. On information and belief, SICONNEX specifically intends to induce

others to infringe the 680 Patent and/or perform the methods claimed in the 680 Patent by using SICONNEXs products and services. 158. On information and belief, SICONNEX specifically intends and takes

steps to ensure that others will directly infringe the 680 Patent through the sale, purchase

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and/or use of SICONNEXs products and services. 159. SICONNEXs conduct has damaged and will continue to damage OEM in

an amount to be proven at trial. 160. On information and belief, SICONNEXs infringement of the 680 Patent

is and has been willful, making this case exceptional under 35 U.S.C. 285. 161. SICONNEX threatens to continue to engage in the acts complained of

herein and, unless restrained and enjoined, will continue to do so, all to OEMs irreparable injury. It would be difficult to ascertain the amount of compensation that would afford OEM adequate relief for such future and continuing acts, and a multiplicity of judicial proceedings would be required. OEM does not have an adequate remedy at law to compensate it for the injuries threatened. COUNT XIInfringement of U.S. Patent No. 7,305,999 162. 163. OEM incorporates each preceding allegation herein. SICONNEX directly infringes, actively induces infringement, and/or

contributes to the infringement of one or more claims of the 999 Patent within the meaning of 35 U.S.C. 271 by making, using, selling, and/or offering to sell infringing products and services within the United States. 164. SICONNEX directly infringes the 999 Patent by making, using, selling,

and offering for sale batch tools and other products and services within the United States, including, but not limited to, the Accused Products and BATCHSPRAY SOLVENT applications. The Accused Products and BATCHSPRAY SOLVENT applications

infringe the 999 Patent because, among other things, they are used to process wafers in a process chamber having a rotor that rotates the wafers and a multi-spray arrangement in communication with the process chamber that sprays across and on both sides of the wafers. The Accused Products, BATCHSPRAY SOLVENT, and other of

SICONNEXs products and services infringe the claims of the 999 Patent.

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165.

SICONNEXs products and services at issue constitute a component of a

patented machine, article, manufacture, combination, or composition, or a material or apparatus for use in practicing processes patented by the 999 Patent. 166. SICONNEXs products and services at issue constitute a material part of

the invention claimed by the 999 Patent, and SICONNEX knows and has known that the same are especially made or especially adapted for use in an infringement of the 999 Patent. 167. SICONNEXs products and services at issue are not staple articles or

commodities of commerce suitable for substantial noninfringing use. 168. Others directly infringe the 999 Patent by making, using, selling, and/or

offering to sell infringing products and services within the United States. 169. Others directly infringe the 999 Patent through performance of the

methods claimed in the 999 Patent using SICONNEXs products and services. 170. On information and belief, SICONNEX has actual or constructive

knowledge of the 999 Patent. 171. On information and belief, SICONNEX knows that others infringe the

999 Patent by making, using, selling and/or offering for sale infringing products and services within the United States. 172. On information and belief, SICONNEX specifically intends to induce

others to infringe the 999 Patent and/or perform the methods claimed in the 999 Patent by using SICONNEXs products and services. 173. On information and belief, SICONNEX specifically intends and takes

steps to ensure that others will directly infringe the 999 Patent through the sale, purchase and/or use of SICONNEXs products and services. 174. SICONNEXs conduct has damaged and will continue to damage OEM in

an amount to be proven at trial.

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175.

On information and belief, SICONNEXs infringement of the 999 Patent

is and has been willful, making this case exceptional under 35 U.S.C. 285. 176. SICONNEX threatens to continue to engage in the acts complained of

herein and, unless restrained and enjoined, will continue to do so, all to OEMs irreparable injury. It would be difficult to ascertain the amount of compensation that would afford OEM adequate relief for such future and continuing acts, and a multiplicity of judicial proceedings would be required. OEM does not have an adequate remedy at law to compensate it for the injuries threatened. COUNT XIIInfringement of U.S. Patent 6,062,239 177. 178. OEM incorporates each preceding allegation herein. SICONNEX directly infringes, actively induces infringement, and/or

contributes to the infringement of one or more claims of the 239 Patent within the meaning of 35 U.S.C. 271 by making, using, selling, and/or offering to sell infringing products and services within the United States. 179. SICONNEX directly infringes the 239 Patent by making, using, selling,

and offering for sale batch tools and other products and services within the United States, including, but not limited to, the Accused Products and BATCHSPRAY SOLVENT applications. The Accused Products, BATCHSPRAY SOLVENT, and other of

SICONNEXs products and services infringe the claims of the 239 Patent. 180. SICONNEXs products and services at issue constitute a component of a

patented machine, article, manufacture, combination, or composition, or a material or apparatus for use in practicing processes patented by the 239 Patent. 181. SICONNEXs products and services at issue constitute a material part of

the invention claimed by the 239 Patent, and SICONNEX knows and has known that the same are especially made or especially adapted for use in an infringement of the 239 Patent. 182.

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183.

SICONNEXs products and services at issue are not staple articles or

commodities of commerce suitable for substantial noninfringing use. 184. Others directly infringe the 239 Patent by making, using, selling, and/or

offering to sell infringing products and services within the United States. 185. Others directly infringe the 239 Patent through performance of the

methods claimed in the 239 Patent using SICONNEXs products and services. 186. On information and belief, SICONNEX has actual or constructive

knowledge of the 239 Patent. 187. On information and belief, SICONNEX knows that others infringe the

239 Patent by making, using, selling and/or offering for sale infringing products and services within the United States. 188. On information and belief, SICONNEX specifically intends to induce

others to infringe the 239 Patent and/or perform the methods claimed in the 239 Patent by using SICONNEXs products and services. 189. On information and belief, SICONNEX specifically intends and takes

steps to ensure that others will directly infringe the 239 Patent through the sale, purchase and/or use of SICONNEXs products and services. 190. SICONNEXs conduct has damaged and will continue to damage OEM in

an amount to be proven at trial. 191. On information and belief, SICONNEXs infringement of the 239 Patent

is and has been willful, making this case exceptional under 35 U.S.C. 285. 192. SICONNEX threatens to continue to engage in the acts complained of

herein and, unless restrained and enjoined, will continue to do so, all to OEMs irreparable injury. It would be difficult to ascertain the amount of compensation that would afford OEM adequate relief for such future and continuing acts, and a multiplicity of judicial proceedings would be required. OEM does not have an adequate remedy at law to compensate it for the injuries threatened.

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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 28 285; F.

JURY DEMAND Plaintiff demands a trial by jury on any issue triable of right by jury. PRAYER FOR RELIEF WHEREFORE, OEM requests judgment against Defendants as follows: A. A judgment preliminary and permanently enjoining Defendants Siconnex

Amerika, LLC and Siconnex Customized Solutions GmbH and any person acting in concert or cooperation with them from further infringing the Patents; B. A judgment that Defendants Siconnex Amerika, LLC and Siconnex

Customized Solutions GmbH have infringed the Patents; C. An award equal to the damages suffered by Plaintiff OEM resulting from

Defendants Siconnex Amerika, LLCs and Siconnex Customized Solutions GmbHs infringement of the Patents, including interest and costs; D. Enhanced damages in accordance with the provisions of 35 U.S.C. 284

due to Defendants Siconnex Amerika, LLCs and Siconnex Customized Solutions GmbHs willful infringement; E. A finding that this case is exceptional under the provisions of 35 U.S.C.

An award to Plaintiff OEM of its reasonable attorneys fees pursuant to

35 U.S.C. 285; and /// /// /// /// /// /// /// ///

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G.

That Plaintiff OEM be granted such other and further relief as the Court

deems just and proper. DATED this 22nd day of November, 2013. POLSINELLI PC By: /s/ Leon B. Silver Leon B. Silver Nathan J. Kunz CityScape One E. Washington St., Ste. 1200 Phoenix, AZ 85004 Attorneys for Plaintiff

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