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Alan H. Blankenheimer (Bar No. 218713) ablankenheimer@cov.com Laura E. Muschamp (Bar No. 228717) lmuschamp@cov.com Jessica R. Gioia (Bar No. 260984) jgioia@cov.com COVINGTON & BURLING LLP 9191 Towne Centre Drive, 6th Floor San Diego, CA 92122-1225 Telephone: (858) 678-1800 Facsimile: (858) 678-1600 Attorneys for Plaintiff Peregrine Semiconductor Corporation UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA PEREGRINE SEMICONDUCTOR CORPORATION, a Delaware corporation, Plaintiff, vs. HTC CORPORATION, a Taiwan corporation, and HTC AMERICA, INC., a Washington corporation, Defendants.

'12CV1160 CAB BGS CASE NO.: ______

COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF (1) Patent infringement under 35 U.S.C. 271 and 281 DEMAND FOR JURY TRIAL

COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF

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For its complaint against Defendants HTC Corporation (HTC Corp.) and HTC America, Inc. (HTC America) (HTC Corp. and HTC America are referred to collectively as HTC), Plaintiff Peregrine Semiconductor Corporation ("Peregrine") alleges as follows: NATURE OF ACTION This is an action for patent infringement arising under the patent laws of the United States, Title 35 of the United States Code, including without limitation 35 U.S.C. 271 and 281. Plaintiff seeks damages, attorneys' fees, costs, and preliminary and permanent injunctive relief. JURISDICTION 1. This Court has subject matter jurisdiction over this case pursuant to 28 U.S.C.

1331 and 1338(a). 2. This Court has personal jurisdiction over Defendant HTC America based upon

the following: (a) Defendant HTC America transacts substantial business in and maintains continuous and systematic contacts with this District and the State of California; (b) Defendant HTC America has committed tortious acts that HTC America knew or should have known would cause injury to Plaintiff in the Southern District of California; and (c) Defendant HTC America has appointed an agent in California to receive service of process. 3. This Court has personal jurisdiction over Defendant HTC Corp. based upon the

following: (a) Defendant HTC Corp. is the parent corporation of HTC America; (b) Defendant HTC Corp. transacts substantial business in and maintains continuous and systematic contacts with the District and the State of California through its subsidiary HTC America, Inc.; (c) Defendant HTC Corp. has committed tortious acts that HTC Corp. knew or should have known would cause injury to Plaintiff in the Southern District of California. 4. Venue is proper in the United States District Court for the Southern District of

California under 28 U.S.C. 1391(b), (c) and (d) and 1400(b). PARTIES 5. Plaintiff Peregrine is a Delaware corporation with a principal place of business at

9380 Carroll Park Drive, San Diego, California 92121. 1

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6.

Upon information and belief, Defendant HTC Corp. is a foreign corporation

organized and existing under the laws of Taiwan, with its principal place of business at 23 Xinghua Road, Taoyuan City, Taoyuan County 330, Taiwan. 7. Upon information and belief, Defendant HTC America is a Washington

corporation, with its principal place of business at 13920 SE Eastgate Way, Suite 400, Bellevue, Washington 98005. Upon information and belief HTC America is a wholly-owned subsidiary of HTC Corp. FACTUAL ALLEGATIONS 8. Plaintiff Peregrine is the owner by assignment of all rights, title, and interest in

and to United States Patent Nos. 7,910,993 (the "'993 Patent"), 7,123,898 (the "'898 Patent"), 7,460,852 (the "'852 Patent"), 7,796,969 (the "'969 Patent"), and 7,860,499 (the "'499 Patent") (collectively, the "Peregrine Patents") (Exhibits A-E). The '993 Patent is entitled "Method and Apparatus for Use in Improving Linearity of MOSFET's Using an Accumulated Charge Sink" and issued March 22, 2011. The '898 Patent is entitled "Switch Circuit and Method of

Switching Radio Frequency Signals" and issued October 17, 2006. The '852 Patent is entitled "Switch Circuit and Method of Switching Radio Frequency Signals" and issued December 2, 2008. The '969 Patent is entitled "Symmetrically and Asymmetrically Stacked Transistor Group RF Switch" and issued September 14, 2010. The '499 Patent is entitled "Switch Circuit and Method of Switching Radio Frequency Signals" and issued December 28, 2010. 9. The Asserted Patents disclose advanced integrated circuit technologies for use in

radio frequency circuits, including but not limited to radio frequency switches. Radio frequency circuits practicing the Asserted Patents can be used in a variety of devices including, for example, antenna tuning circuits, devices that use diversity or multiple-input and multipleoutput (MIMO) antennas, and mobile wireless devices that use cellular technologies and wireless local area network (WLAN) technologies. Mobile wireless devices that use radio frequency circuits practicing the Asserted Patents may (a) transmit and/or receive wireless signals more efficiently while consuming less power, (b) be smaller in size because the Asserted Patents disclose techniques that allow the integration of functions that previously had to be 2
COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF

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handled by separate components, and (c) be less expensive to manufacture due to the ability to leverage the established global Complementary Metal Oxide Semiconductor ("CMOS") manufacturing infrastructure, rather than needing to rely on the more specialized manufacturing processes required by the devices that utilized previously available technologies and techniques. After significant investments in research and development, engineering, labor, plant and equipment, manufacturing and marketing, Peregrine-branded radio frequency switches that practice the Asserted Patents have been selected for use in wireless handsets by many of the leading wireless handset manufacturers including Apple, LG, Nokia, Samsung, and Sony Ericsson. 10. Upon information and belief, HTC has infringed, directly and indirectly, and

continues to infringe, contributorily infringe and/or induce infringement of the Asserted Patents by knowingly and actively (1) making and/or selling products that infringe one or more claims of the Asserted Patents, including HTC's One S handset, which contains the RF8889A integrated circuit manufactured by RF Micro Devices, Inc. ("RFMD"), a North Carolina Corporation, (2) inducing others to do the same, and (3) contributing to the manufacture, import, use, sale, or offer for sale of products that infringe one or more claims of the Asserted Patents. The HTC One S handset infringes at least claims 14-16, 23-25, 31, 32, and 37 of the '993 Patent, claims 1-3, 5-7, and 15 of the '898 Patent, claims 1-4, 7, 13, 14, 20, 22, 24, and 25 of the '852 Patent, claims 6-8, and 29-30 of the '969 Patent, and claims 1, 3, 5 and 6 of the '499 Patent. FIRST CAUSE OF ACTION (Infringement of the '993 Patent) 11. forth herein. 12. Plaintiff Peregrine is the owner by assignment of all rights, title, and interest in Plaintiff incorporates the allegations in the preceding paragraphs as if fully set

and to the '993 Patent. Peregrine therefore has standing to sue for infringement of the '993 Patent. 13. Upon information and belief, Defendants have infringed and continue to infringe

the '993 Patent by knowingly and actively making, having made, importing, using, offering to 3
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sell, or selling products that infringe one or more claims of the '993 Patent, including but not limited to certain integrated circuits (including those with integrated circuit die markings M1D8889, such as RF8889A), and/or devices using certain integrated circuits (such as HTCs One S handset, which is marketed and sold by HTC) that incorporate, without license, the inventions developed by Peregrine and protected by one or more claims in the 993 Patent, or by knowingly and actively inducing or contributing to the infringement of the 993 Patent by others. 14. As a direct and proximate result of Defendants' infringement, Plaintiff Peregrine

has suffered, and will continue to suffer, injury. 15. As a result of the harm suffered as alleged herein, Plaintiff Peregrine is entitled to

all of the remedies available under the Patent Act, including damages adequate to compensate it for such infringement, but in no event less than a reasonable royalty, costs and attorneys' fees. SECOND CAUSE OF ACTION (Infringement of the '898 Patent) 16. forth herein. 17. Plaintiff Peregrine is the owner by assignment of all rights, title, and interest in Plaintiff incorporates the allegations in the preceding paragraphs as if fully set

and to the '898 Patent. Peregrine therefore has standing to sue for infringement of the '898 Patent. 18. Upon information and belief, Defendants have infringed and continue to infringe

the '898 Patent by knowingly and actively making, having made, importing, using, offering to sell, or selling products that infringe one or more claims of the '898 Patent, including but not limited to certain integrated circuits (including those with integrated circuit die markings M1D8889, such as RF8889A), and/or devices using certain integrated circuits (such as HTCs One S handset, which is marketed and sold by HTC) that incorporate, without license, the inventions developed by Peregrine and protected by one or more claims in the 898 Patent, or by knowingly and actively inducing or contributing to the infringement of the 898 Patent by others. 4
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19.

As a direct and proximate result of Defendants infringement, Plaintiff Peregrine

has suffered, and will continue to suffer, injury. 20. As a result of the harm suffered as alleged herein, Plaintiff Peregrine is entitled to

all of the remedies available under the Patent Act, including damages adequate to compensate it for such infringement, but in no event less than a reasonable royalty, costs and attorneys' fees. THIRD CAUSE OF ACTION (Infringement of the '852 Patent) 21. forth herein. 22. Plaintiff Peregrine is the owner by assignment of all rights, title, and interest in Plaintiff incorporates the allegations in the preceding paragraphs as if fully set

and to the '852 Patent. Peregrine therefore has standing to sue for infringement of the '852 Patent. 23. Upon information and belief, Defendants have infringed and continue to infringe

the '852 Patent by knowingly and actively making, having made, importing, using, offering to sell, or selling products that infringe one or more claims of the '852 Patent, including but not limited to certain integrated circuits (including those with integrated circuit die markings M1D8889, such as RF8889A), and/or devices using certain integrated circuits (such as HTCs One S handset, which is marketed and sold by HTC) that incorporate, without license, the inventions developed by Peregrine and protected by one or more claims in the 852 Patent, or by knowingly and actively inducing or contributing to the infringement of the 852 Patent by others. 24. As a direct and proximate result of Defendants' infringement, Plaintiff Peregrine

has suffered, and will continue to suffer, injury. 25. As a result of the harm suffered as alleged herein, Plaintiff Peregrine is entitled to

all of the remedies available under the Patent Act, including damages adequate costs and attorneys' fees.

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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 31. forth herein. 32. 26. forth herein. 27.

FOURTH CAUSE OF ACTION (Infringement of the '969 Patent) Plaintiff incorporates the allegations in the preceding paragraphs as if fully set

Plaintiff Peregrine is the owner by assignment of all rights, title, and interest in

and to the '969 Patent. Peregrine therefore has standing to sue for infringement of the '969 Patent. 28. Upon information and belief, Defendants have infringed and continue to infringe

the '969 Patent by knowingly and actively making, having made, importing, using, offering to sell, or selling products that infringe one or more claims of the '969 Patent, including but not limited to certain integrated circuits (including those with integrated circuit die markings M1D8889, such as RF8889A), and/or devices using certain integrated circuits (such as HTCs One S handset, which is marketed and sold by HTC) that incorporate, without license, the inventions developed by Peregrine and protected by one or more claims in the 969 Patent, or by knowingly and actively inducing or contributing to the infringement of the 969 Patent by others. 29. As a direct and proximate result of Defendants' infringement, Plaintiff Peregrine

has suffered, and will continue to suffer, injury. 30. As a result of the harm suffered as alleged herein, Plaintiff Peregrine is entitled to

all of the remedies available under the Patent Act, including damages adequate to compensate it for such infringement, but in no event less than a reasonable royalty costs and attorneys' fees. FIFTH CAUSE OF ACTION (Infringement of the '499 Patent) Plaintiff incorporates the allegations in the preceding paragraphs as if fully set

Plaintiff Peregrine is the owner by assignment of all rights, title, and interest in

and to the '499 Patent. Peregrine therefore has standing to sue for infringement of the '499 Patent. 6
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33.

Upon information and belief, Defendants have infringed and continue to infringe

the '499 Patent by knowingly and actively making, having made, importing, using, offering to sell, or selling products that infringe one or more claims of the '499 Patent, including but not limited to certain integrated circuits (including those with integrated circuit die markings M1D8889, such as RF8889A), and/or devices using certain integrated circuits (such as HTCs One S handset, which is marketed and sold by HTC) that incorporate, without license, the inventions developed by Peregrine and protected by one or more claims in the 499 Patent, or by knowingly and actively inducing or contributing to the infringement of the 499 Patent by others. 34. As a direct and proximate result of Defendants' infringement, Plaintiff Peregrine

has suffered, and will continue to suffer, injury. 35. As a result of the harm suffered as alleged herein, Plaintiff Peregrine is entitled to

all of the remedies available under the Patent Act, including damages adequate to compensate it for such infringement, but in no event less than a reasonable royalty, costs and attorneys' fees. PRAYER FOR RELIEF WHEREFORE, Plaintiff Peregrine respectfully prays that the Court grant the following

A. B.

The entry of judgment in favor of Plaintiff Peregrine and against the Defendants; A preliminary and permanent injunction prohibiting the Defendants, their

respective officers, agents, servants, employees and/or all persons acting in concert or participation with them, or any of them, from engaging in further infringement and/or acts of infringement and inducement of the Peregrine Patents; C. An award of damages adequate to compensate Plaintiff Peregrine for the

infringement, as well as prejudgment interest from the date the infringement began, but in no event less than a reasonable royalty as permitted by 35 U.S.C. 285; D. A finding that, to the extent the Defendants knew of their infringing activities,

the Defendants' infringement was willful;

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E.

An award of treble damages for the period of any willful infringement pursuant

to 35 U.S.C. 284; F. A finding that this case is exceptional and an award of interest, costs and

attorneys' fees incurred by Plaintiff Peregrine in prosecuting this action as provided by 35 U.S.C. 285; and G. parties; and H. For such other and further relief as this Court or a jury may deem just and proper. JURY DEMAND Plaintiff Peregrine demands a trial by jury on all issues triable by jury. For any other orders necessary to accomplish complete justice between the

DATED: May 11, 2012

COVINGTON & BURLING LLP

By /s/ Alan H. Blankenheimer Alan H. Blankenheimer Laura E. Muschamp Jessica R. Gioia 9191 Towne Centre Drive, 6th Floor San Diego, CA 92122-1225 Telephone: (858) 678-1800 Facsimile: (858) 678-1600 Attorneys for Plaintiff, Peregrine Semiconductor Corporation

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COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF