人：中砂（1560） VS 前主導研發的宋健民
事：專利訴訟，日前經美國德拉瓦州法院裁定暫停訴訟程序，將等台灣智財法院針對專利權歸屬做出判決後再審理。
時：2016年1月
地：美國、台灣
物：中砂與宋健民簽署的鑽石陣技術，雙方簽訂17年權利金給付協議，雙方約定自2013年截止後專利權歸中砂，但宋健民私下轉讓，並於2013年向德拉瓦州法院控告中砂鑽石碟等產品侵害其美國登記的三項專利。
摘要：
德拉瓦州法院於美國時間19日根據中砂的主張，裁定停止上開訴訟程序。待台灣智慧財產法院就相關專利權利歸屬做成判決，一旦獲智慧財產法院勝訴判決確定，即可證明宋健民向德拉瓦州法院提起的專利侵權訴訟並無理由，美國法院即毋須進行實質審理。
Note:
Defendants:
KINIK COMPANY and WAFERTECH LLC
Upon
information and belief, each Defendant has and continues to directly infringe
one or more claims of the ’699 patent under 35 U.S.C. § 271 by making, using,
selling, offering to sell, importing and/or providing and causing to be used
products that are used to polish semiconductor wafers, which products by way of
example include semi-conductor Chemical Mechanical Planarization (CMP) tools
such as the CMP Diamond disk (the “Accused Instrumentalities”).
Upon
information and belief, Kinik has knowledge of the ’699 patent and has induced
and continues to induce others to infringe at least one claim of the ’699
patent under 35 U.S.C. § 271(b) by, among other things, and with specific
intent or willful blindness, actively aiding and abetting others to infringe,
including but not limited to Kinik’s partners and customers, whose use of the Accused
Instrumentalities constitutes direct infringement of at least one claim of the
’699 patent.
In
particular, Kinik’s actions that aid and abet others such as their partners and
customers to infringe include advertising and distributing the Accused Instrumentalities
and Case 1:14-cv-01027-UNA Document 1 Filed 08/08/14 Page 3 of 5 PageID #: 3
Page 4 of 5 providing instruction materials, training, and services regarding
the Accused Instrumentalities. On information and belief, Kinik has engaged in
such actions with specific intent to cause infringement or with willful
blindness to the resulting infringement because Kinik has had actual knowledge
of the ’699 patent and knowledge that its acts were inducing infringement of
the ’699 patent since at least the date Kinik acquired such knowledge.
Upon
information and belief, Kinik is liable as a contributory infringer of the ’699
patent under 35 U.S.C. § 271(c) by offering to sell, selling and importing into
the United States semiconductor wafers polishing tools to be especially made or
adapted for use in an infringement of the ’699 patent. The Accused
Instrumentalities are material components for use in practicing the ’699 patent
and are specifically made and are not a staple article of commerce suitable for
substantial non-infringing use.
PS.
The disputed patent
Superabrasive
tools having substantially leveled particle tips and associated methods
US 8777699 B2
US 8777699 B2
ABSTRACT
Superabrasive
tools and methods for making and using the same are provided. In one aspect,
for example, a CMP pad dresser includes a first monolayer of superabrasive
particles disposed on and coupled to one side of a metal support layer and a
second monolayer of superabrasive particles disposed on and coupled to the
metal support layer on an opposite side from the first monolayer. The
superabrasive particles of the second monolayer are positioned to have
substantially the same distribution as the superabrasive particles of the first
monolayer.
Original Data:
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