Ocean Semiconductors sued Infineon in September 2020, accusing Infineon of infringing a number of patents related to printing semiconductor wafers and manufacturing processes related to the same. Infineon moved to dismiss for failure to state a claim on several grounds – that the claims were based on speculation as to the tools used to develop its products, that the claims fail to recite patentable subject matter, that four of the patents claim processes that solely produce information, the importation of which is not an infringement, and that the claims of induced infringement and willfulness fail to plausibly allege the specific intent and knowledge required by such claims.
While that motion was pending, Infineon filed a motion to stay pending Inter Partes Review. Infineon is seeking IPR on seven of the eight patents in suit. Judge Saris allowed the motion to stay pending a decision on the institution of the IPR proceedings. Once a decision has been made on all seven, the parties are to file a status report identifying the claims that are subject to IPR, any patents on which IPR is not instituted, and the parties’ positions on estoppel.
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