Case 1:12-cv-10412-PBS Document 1 Filed 03/05/12 Page 1 of 6

UNITED STATES DISTRICT COURT IN THE DISTRICT OF MASSACHUSETTS ANALOG DEVICES, INC., Plaintiff, v. KNOWLES ELECTRONICS, LLC, Defendant. Civil Action No: _______________________

COMPLAINT AND JURY DEMAND Analog Devices, Inc. (Analog) brings this action under the patent laws of the United States 35 U.S.C. 1, et seq., against Knowles Electronics LLC (Knowles) for infringement of two United States patents and alleges as follows: THE PARTIES 1. Analog is a Massachusetts corporation with a principal place of business at Three

Technology Way, Norwood, Massachusetts 02062. 2. Upon information and belief, Knowles is a Delaware limited liability company

with a principal place of business at 1151 Maplewood Drive, Itasca, Illinois 60143. JURISDICTION AND VENUE 3. 4. This action arises under the patent laws of the United States, 35 U.S.C. 1 et seq. This Court has subject matter jurisdiction over this action pursuant to 28 U.S.C.

1331, 1332, 1338 and 2201.

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5.

Upon information and belief, Knowles conducts business in this District. In

addition, Knowles has entered into contractual relationships with companies in this District, including Analog. 6. Venue is proper in this District pursuant to 28 U.S.C. 1391(b) & (c), and 1400. BACKGROUND 7. Analog is the owner by assignment of all right, title, and interest in U.S. Patent

No. 7,899,196 (the 196 patent) entitled Digital Microphone. The 196 Patent was duly issued by the United States Patent & Trademark Office (USPTO) on March 1, 2011, and is valid and enforceable. A copy of the 196 Patent is attached hereto as Exhibit 1. 8. Analog is the owner by assignment of all right, title, and interest in U.S. Patent

No. 7,928,876 (the 876 patent) entitled Sigma Delta Modulator. The 876 Patent was duly issued by the USPTO on April 19, 2011, and is valid and enforceable. A copy of the 876 Patent is attached hereto as Exhibit 2. COUNT I Infringement of the 196 Patent 9. 10. Analog repeats each allegation of paragraphs 1-8 as if set forth here in full. Upon information and belief, Knowles, without authority, makes, uses, offers to

sell, sells within the United States, and/or imports into the United States, products that incorporate or make use of one or more inventions covered by the 196 Patent, including but not limited to digital MEMS microphones having part numbers SPK0413LM4H, SPK0813LM4H, SPM0423HD4H, SPM0423HE4H, and SPM0423HM4H (Accused Products), thereby infringing, contributing to the infringement of, and/or actively inducing infringement of one or more claims of the 196 Patent.

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11.

Upon information and belief, Knowles has been aware of the U.S. provisional

application that later issued as the 196 Patent since at least September 10, 2004. 12. Upon information and belief, Knowles has been aware of the 196 Patent since it

issued on March 1, 2011, and knew, or should have known, that it has no license to make, use or sell digital MEMS microphones that incorporate one or more inventions covered by the 196 Patent, including, for example, the Accused Products. 13. 14. Upon information and belief, Knowless infringement of the 196 Patent is willful. Knowles continued to make, use, offer to sell, sell within the United States, and/or

import into the United States the accused digital MEMS microphones despite an objectively high likelihood that its actions constituted infringement of the 196 Patent. The risk of infringing the 196 Patent was either known, or so obvious that it should known by Knowles. 15. Analog is being, and will continue to be, seriously damaged and irreparably

harmed unless Knowles is enjoined by the Court from the actions complained of herein, and thus Analog is without an adequate remedy at law. COUNT II Infringement of the 876 Patent 16. 17. Analog repeats each allegation of paragraphs 1-15 as if set forth here in full. Upon information and belief, Knowles, without authority, makes, uses, offers to

sell, sells within the United States, and/or imports into the United States, products that incorporate or make use of one or more inventions covered by the 876 Patent, including but not limited to digital MEMS microphones having parts numbers SPK0413LM4H, SPK0813LM4H, SPM0423HD4H, SPM0423HE4H, and SPM0423HM4H, thereby infringing, contributing to the infringement of, and/or actively inducing infringement of one or more claims of the 876 Patent.

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18.

Upon information and belief, Knowles has been aware of the U.S. provisional

application that later issued as the 876 Patent since at least September 10, 2004. 19. Upon information and belief, Knowles has been aware of the 876 Patent since it

issued on April 19, 2011, and knew, or should have known, that it has no license to make, use or sell digital MEMS microphones that incorporate one or more inventions covered by the 876 Patent, including, for example, the Accused Products. 20. 21. Upon information and belief, Knowless infringement of the 876 Patent is willful. Knowles continued to make, use, offer to sell, sell within the United States, and/or

import into the United States the accused digital MEMS microphones despite an objectively high likelihood that its actions constituted infringement of the 876 Patent. The risk of infringing the 876 Patent was either known, or so obvious that it should known by Knowles. 22. Analog is being, and will continue to be, seriously damaged and irreparably

harmed unless Knowles is enjoined by the Court from the actions complained of herein, and thus Analog is without an adequate remedy at law. PRAYER FOR RELIEF WHEREFORE, Analog prays for judgment against Knowles as follows: (a) Find that Knowles has committed acts of patent infringement in violation of the

Patent Act, 35 U.S.C. 271; (b) Enter an injunction enjoining Knowles, its officers, agents, servants, employees,

and attorneys, and any other persons in active concert or participation with it, from continuing the acts herein complained of, and that Knowles and such other persons be preliminarily and permanently enjoined and restrained from further infringing; (c) Require Knowles to file with the Court, within thirty (30) days after entry of final

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judgment, a written statement under oath setting forth in detail the manner in which Knowles has complied with the injunction; (d) Award Analog all relief available under the patent laws of the United States,

including but not limited to, monetary damages, including prejudgment interest and enhanced damages, based on Knowless infringement; (e) Find that Knowless infringement of the 196 Patent and the 876 Patent is willful

and that the damages to Analog be increased pursuant to 35 U.S.C. 284 by three times the amount found or assessed; (f) Find this to be an exceptional case, and award Analog its costs and reasonable

attorneys fees in respect thereto in accordance with 35 U.S.C. 285; and (g) Grant Analog such other relief as the Court deems just and equitable. JURY DEMAND In accordance with Rule 38(b) of the Federal Rules of Civil Procedure, Analog hereby demands a trial by jury on all issues so triable.

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Dated: March 5, 2012

Respectfully Submitted, /s/ Steven M. Bauer Steven M. Bauer (BBO #542531) Colin G. Cabral (BBO #670234) Sharada Devarasetty (BBO #672514) PROSKAUER ROSE LLP One International Place Boston, MA 02110-2600 Telephone: (617) 526-9600 Facsimile: (617) 526-9899 sbauer@proskauer.com ccabral@proskauer.com sdevarasetty@proskauer.com Attorneys for Plaintiff, ANALOG DEVICES, INC.

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