IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE NANOMETRICS INCORPORATED, Plaintiff, v. KLA-TENCOR CORPORATION, Defendant.

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C.A. No. __________

COMPLAINT FOR PATENT INFRINGEMENT Plaintiff, NANOMETRICS INCORPORATED (NANOMETRICS) alleges as follows: THE PARTIES 1. NANOMETRICS is a Delaware Corporation with its principal place of

business at 1550 Buckeye Drive, Milpitas, California 95053. NANOMETRICS is a leading provider of advanced metrology tools and systems used in the fabrication of semiconductors, high-brightness LEDs, data storage devices and solar photovoltaics. These tools and systems measure critical dimensions, device structures, overlay registration, topography and various thin film properties. 2. Upon information and belief, Defendant KLA-Tencor Corporation (KT)

is a Delaware Corporation with its principal place of business at One Technology Drive, Milpitas, California 95053. JURISDICTION AND VENUE 3. This is a claim for patent infringement and arises under the United This Court has subject matter

States Patent Laws, in particular, 35 U.S.C. 271 et. seq. jurisdiction under 35 U.S.C. 1331 and 1338(a).

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This Court has personal jurisdiction over KT by virtue of its organization

under the laws of the State of Delaware. 5. (c) and 1400(b). COUNT I INFRINGEMENT OF U.S. PATENT NO. 6,982,793 B1 6. 7. NANOMETRICS reasserts and realleges paragraphs 1-5. On January 3, 2006, United States Patent No. 6,982,793 B1 for Method Venue is proper in this judicial district pursuant to 28 U.S.C. 1391(b),

and Apparatus for Using An Alignment Target with Designed In Offset (the 793 Patent) was duly and regularly issued to NANOMETRICS, as assignee of inventors Weidong Yang, Roger R. Lowe-Webb, John D. Heaton and Guoguang Li. A true and correct copy of the 793 Patent is attached as Exhibit A, and incorporated herein by reference. NANOMETRICS remains the assignee of the 793 Patent and therefore, is and has been the owner by assignment of all rights, title and interest in and to the 793 Patent. 8. KT has infringed and continues to infringe one or more claims of the 793

Patent by making, using, providing, importing, offering to sell, and selling KTs overlay registration metrology systems (Overlay Metrology Systems), including but not limited to the Archer Series of metrology systems. These Overlay Metrology Systems practice or embody the inventions claimed in the 793 Patent. As a result, KT has been and still is infringing one or more of the claims of the 793 Patent as defined by 35 U.S.C. 271(a). 9. NANOMETRICS is informed and believes, and on that basis alleges that,

KT has had knowledge of the 793 Patent since at least as early as April 2006. KT has contributed to the infringement of the 793 Patent by providing, importing, offering for sell, and selling Overlay Metrology Systems, in the United States. 2 KTs Overlay Metrology Systems

have no substantial non-infringing use. As a result, KT has been and still is infringing one or more of the claims of the 793 Patent as defined by 35 U.S.C. 271(c). 10. KT actively induced others to infringe the 793 Patent in the United States.

As stated above, KT has had knowledge of the 793 Patent since at least as early as April 2006. Since then KT has actively and knowingly aided and abetted others in their infringement of the 793 Patent by providing, offering to sell, and selling Overlay Metrology Systems. KT

encouraged and instructed its customers to use these Overlay Metrology Systems in a manner that would constitute direct infringement of the 793 Patent. As a result, KT has been and still is infringing one or more of the claims of the 793 Patent as defined by 35 U.S.C. 271(b). 11. As a consequence of KTs infringing activities regarding the 793 Patent,

NANOMETRICS has suffered damages in an amount not yet determined, and NANOMETRICS will continue to suffer such damages unless and until KTs infringing activities are enjoined by this Court. 12. KT has infringed and continues to infringe the 793 Patent with

knowledge of NANOMETRICS patent rights and without a reasonable basis for believing that KTs conduct is lawful. KTs acts of infringement have been willful, deliberate and in reckless disregard of NANOMETRICS patent rights, and will continue unless enjoined by this Court. COUNT II INFRINGEMENT OF U.S. PATENT NO. 7,230,705 B1 13. 14. NANOMETRICS reasserts and realleges paragraphs 1-12. On June 12, 2007, United States Patent No. 7,230,705 B1 for Alignment

Target with Designed Offset (the 705 Patent) was duly and regularly issued to NANOMETRICS, as assignee of inventors Weidong Yang, Roger R. Lowe-Webb, John D. Heaton and Guoguang Li. A true and correct copy of the 705 Patent is attached as Exhibit B, 3

and incorporated herein by reference. NANOMETRICS remains the assignee of the 705 Patent and therefore, is and has been the owner by assignment of all rights, title and interest in and to the 705 Patent. 15. KT has infringed and continues to infringe one or more claims of the 705

Patent by making, using, providing, importing, offering to sell, and selling KTs overlay registration metrology systems (Overlay Metrology Systems), including but not limited to the Archer Series of metrology systems. These Overlay Metrology Systems practice or embody the inventions claimed in the 705 Patent. As a result, KT has been and still is infringing one or more of the claims of the 705 Patent as defined by 35 U.S.C. 271(a). 16. NANOMETRICS is informed and believes, and on that basis alleges that,

KT has had knowledge of the 705 Patent since at least as early as the date of its issuance. KT has contributed to the infringement of the 705 Patent by providing, importing, offering for sell, and selling Overlay Metrology Systems, in the United States. KTs Overlay Metrology Systems have no substantial non-infringing use. As a result, KT has been and still is infringing one or more of the claims of the 705 Patent as defined by 35 U.S.C. 271(c). 17. KT actively induced others to infringe the 705 Patent in the United States.

As stated above, KT has had knowledge of the 705 Patent since at least as early as the date of issuance. Since then KT has actively and knowingly aided and abetted others in their

infringement of the 705 Patent by providing, offering to sell, and selling Overlay Metrology Systems. KT encouraged and instructed its customers to use these Overlay Metrology Systems in a manner that would constitute direct infringement of the 705 Patent. As a result, KT has

been and still is infringing one or more of the claims of the 705 Patent as defined by 35 U.S.C. 271(b).

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As a consequence of KTs infringing activities regarding the 705 Patent,

NANOMETRICS has suffered damages in an amount not yet determined, and NANOMETRICS will continue to suffer such damages unless and until KTs infringing activities are enjoined by this Court. 19. KT has infringed and continues to infringe the 705 Patent with

knowledge of NANOMETRICS patent rights and without a reasonable basis for believing that KTs conduct is lawful. KTs acts of infringement have been willful, deliberate and in reckless disregard of NANOMETRICS patent rights, and will continue unless enjoined by this Court. PRAYER FOR RELIEF WHEREFORE, NANOMETRICS prays that: 1. Patents; 2. the Court; 3. 4. 5. 6. 7. 8. The Court award treble damages as allowed by law; The Court find that KT willfully infringed the 793 and 705 Patents; The Court find that this is an exceptional case under 35 U.S.C. 285; NANOMETRICS be awarded its attorneys fees; NANOMETRICS be awarded its costs of suit herein; and NANOMETRICS be awarded such other and further relief as the Court NANOMETRICS be awarded damages in an amount to be determined by The Court enjoin KTs continued infringement of the 793 and 705

deems just and proper. DEMAND FOR JURY TRIAL Plaintiff NANOMETRICS hereby demands a trial by jury for all issues which are so triable. 5

MORRIS, NICHOLS, ARSHT & TUNNELL LLP

/s/ Mary B. Graham

Mary B. Graham (#2256) 1201 N. Market Street P.O. Box 1347 Wilmington, DE 19899-1347 (302) 658-9200 mgraham@mnat.com Attorneys for Nanometrics Incorporated

OF COUNSEL: Ron C. Finley Justin T. Beck Kimberly P. Zapata Jeremy M. Duggan BECK, ROSS, BISMONTE & FINLEY, LLP 50 West San Fernando Street, Suite 1300 San Jose, CA 95113 (408) 938-7900 August 3, 2011
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