UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA EVERSPIN TECHNOLOGIES, INC., Plaintiff, v. NVE CORPORATION, Defendant.

) ) ) ) ) ) ) ) ) ) ) Court File No. _______________ COMPLAINT FOR PATENT INFRINGEMENT (DEMAND FOR JURY TRIAL)

Plaintiff Everspin Technologies, Inc. (Everspin) files the following Complaint for Patent Infringement and, in support thereof, alleges as set forth below: THE PARTIES 1. Everspin is a Delaware corporation having its principal place of business at

1347 N. Alma School Road, Suite 220, Chandler, AZ 85224. 2. On information and belief, defendant NVE Corporation (NVE) is a

Minnesota corporation having its principal place of business at 11409 Valley View Road, Eden Prairie, MN 55344. JURISDICTION AND VENUE 3. This is a civil action for patent infringement arising under the United States

patent statutes, Title 35, United States Code, 1 et seq. 4. This Court has subject matter jurisdiction over this case under 28 U.S.C.

1331 and 1338(a).

5.

This Court has personal jurisdiction over NVE because NVE maintains its

principal place of business in Minnesota and is incorporated in Minnesota. NVE also makes and sells the accused products in this District. 6. 1400(b). BACKGROUND FACTS 7. Plaintiff Everspin is the leading developer and manufacturer of magnetic Venue is proper in this District pursuant to 28 U.S.C. 1391(b) and

RAM (MRAM), offering stand-alone and embedded MRAM products. As the worlds first volume MRAM supplier, Everspin has established an MRAM intellectual property portfolio of more than 600 active patents and applications, many of which are fundamental and essential for giant magneto-resistive (GMR) and MRAM technologies. 8. NVE makes, uses, sells, offers to sell, and/or imports products utilizing

GMR technology, including but not limited to, digital output gear tooth sensors and encoders, GMR switch precision digital sensors, and digital signal isolators. THE PATENTS-IN-SUIT 9. On November 3, 1998, United States Patent No. 5,831,920 (the 920

Patent), entitled GMR Device Having a Sense Amplifier Protected by a Circuit for Dissipating Electric Charges, was duly and legally issued by the United States Patent and Trademark Office. A true and correct copy of the 920 Patent is attached hereto as Exhibit A. 10. On January 19, 1999, United States Patent No. 5,861,328 (the 328

Patent), entitled Method of Fabricating GMR Devices, was duly and legally issued by
2

the United States Patent and Trademark Office. A true and correct copy of the 328 Patent is attached hereto as Exhibit B. 11. Everspin is the sole owner by assignment of the entire right, title and

interest in the 920 and 328 Patents, including the right to bring suit and recover damages for past infringement. COUNT I INFRINGEMENT OF THE 920 PATENT 12. Everspin incorporates by reference the allegations set forth in paragraphs 1

through 11 of this Complaint as though set forth in full herein. 13. NVE has directly infringed and continues to directly infringe, literally or

under the doctrine of equivalents, one or more claims of the 920 Patent by making, using, offering for sale, selling, and/or importing, without authorization from Everspin, products that embody the inventions claimed in the 920 Patent. Such products include, but are not limited to, digital output gear tooth sensors and encoders, digital signal isolators, and GMR switch precision digital sensors. 14. NVE has contributorily infringed and induced others to infringe, and

continues to contributorily infringe and induce others to infringe, one or more claims of the 920 Patent by making, using, offering for sale, selling, and/or importing, without authorization from Everspin, products that embody the inventions claimed in the 920 Patent, including but not limited to digital output gear tooth sensors and encoders, digital signal isolators, and GMR switch precision digital sensors. 15. On information and belief, NVE has infringed and continues to infringe the

920 Patent by supplying from the United States, without authorization from Everspin,
3

components of products that embody the inventions claimed in the 920 Patent, including but not limited to digital output gear tooth sensors and encoders, digital signal isolators, and GMR switch precision digital sensors. 16. Upon information and belief, NVE will continue to infringe the 920 Patent

unless enjoined by the Court. 17. Everspin has been damaged by NVEs infringement of the 920 Patent, and

will continue to be damaged by that infringement unless enjoined by this Court. 18. Upon information and belief, NVE has actual knowledge of the full

contents of the 920 Patent, and its prior and continuing infringement of the 920 Patent was and is willful and deliberate. COUNT II INFRINGEMENT OF THE 328 PATENT 19. Everspin incorporates by reference the allegations set forth in paragraphs 1

through 18 of this Complaint as though set forth in full herein. 20. NVE has directly infringed and continues to directly infringe, literally or

under the doctrine of equivalents, one or more claims of the 328 Patent by making, using, offering for sale, selling, and/or importing, without authorization from Everspin, products manufactured with the methods claimed in the 328 Patent. Such products include, but are not limited to, digital signal isolators. 21. On information and belief, NVE has infringed and continues to infringe the

328 Patent by importing into the United States, without authorization from Everspin, products manufactured with methods claimed in the 328 Patent, including but not limited to digital signal isolators.
4

22.

Upon information and belief, NVE will continue to infringe the 328 Patent

unless enjoined by the Court. 23. Everspin has been damaged by NVEs infringement of the 328 Patent, and

will continue to be damaged by that infringement unless enjoined by this Court. 24. Upon information and belief, NVE has actual knowledge of the full

contents of the 328 Patent, and its prior and continuing infringement of the 328 Patent was and is willful and deliberate. DEMAND FOR RELIEF WHEREFORE, Everspin respectfully requests that the Court enter a judgment in its favor and against NVE as follows: A. Enter a judgment in favor of Everspin that NVE has directly and contributorily infringed and actively induced others to infringe, and continues to directly and contributorily infringe and induce others to infringe the 920 and 328 Patents; B. Grant a permanent injunction enjoining NVE, its officers, directors, agents, servants, affiliates, employees, successors, assigns, divisions, branches, subsidiaries, parents and all others acting in active concert with NVE from infringing, inducing others to infringe and contributing to the infringement of the 920 and 328 Patents; C. Award Everspin damages in an amount sufficient to compensate Everspin for NVEs infringement, contributory infringement and active inducement

of infringement of the 920 and 328 Patents, but no less than a reasonable royalty; D. Award pre-judgment and post-judgment interest on such damages to Everspin and order an accounting of damages that accrue between the close of fact discovery and the date a final judgment is entered in this litigation; E. Find this case to be an exceptional case pursuant to 35 U.S.C. 285 and award Everspin its attorneys fees, costs and expenses; F. Grant Everspin such other and further relief as the Court deems just and proper. DEMAND FOR JURY TRIAL Everspin respectfully requests a trial by jury on all issues triable thereby. Dated: February 24, 2012 Respectfully submitted, By: s/Kurt J. Niederluecke Kurt J. Niederluecke (#271597) kniederluecke@fredlaw.com Ted C. Koshiol (#390542) tkoshiol@fredlaw.com FREDRIKSON & BYRON, P.A. 200 South Sixth Street, Suite 4000 Minneapolis MN 55402-1425 Phone: (612) 492-7000 Fax: (612) 492-7077 Of Counsel Timothy S. Teter tteter@cooley.com Jeffrey S. Karr jkarr@cooley.com COOLEY LLP Five Palo Alto Square 3000 El Camino Real
6

Palo Alto, CA 94306-2155 Telephone: (650) 843-5000 Facsimile: (650) 857-0663 Nathan K. Cummings ncummings@cooley.com COOLEY LLP One Freedom Square, Reston Town Center 11951 Freedom Drive Reston, VA 20190-5656 Telephone: (703) 456-8000 Facsimile: (703) 456-8100 Attorneys for Everspin Technologies, Inc.
5077261_1.DOC