UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

NVE Corporation, Plaintiff, v. Everspin Technologies, Inc., Defendant. (JURY TRIAL DEMANDED) Civ. No. ___ COMPLAINT FOR PATENT INFRINGEMENT

COMPLAINT Plaintiff, NVE Corporation (NVE), for its complaint against Defendant, Everspin Technologies, Inc. (Everspin), alleges as follows: THE PARTIES 1. Plaintiff NVE is a corporation organized under the laws of the state of Minnesota having

a principal place of business at 11409 Valley View Road, Eden Prairie, MN 55344. 2. Upon information and belief, Defendant Everspin is a corporation organized under the

laws of the state of Delaware having a principal place of business at 1300 N. Alma School Road, Chandler, AZ 85224. JURISDICTION AND VENUE 3. This is an action for patent infringement under the patent laws of the United States, 35

U.S.C. 1 et seq., and particularly 35 U.S.C. 271. 4. 5. This court has subject matter jurisdiction under 28 U.S.C. 1331 and 1338(a). This court has personal jurisdiction over Defendant Everspin by reason of its continuous

and systematic contacts with Minnesota. On information and belief, Defendant Everspin and its

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agents regularly transit and solicit business in Minnesota or derive substantial revenue from sales in Minnesota such that the maintenance of personal jurisdiction does not offend traditional notions of fair play and substantial justice. 6. Venue in the United States District Court for the District of Minnesota is proper

pursuant to 28 U.S.C. 1391(c) and 1400(b). COUNT I: INFRINGEMENT OF U.S. PATENT NO. 6,275,411 7. 8. NVE incorporates and re-alleges paragraphs 1-6. On August 14, 2001, U.S. Patent Number 6,275,411 entitled Spin Dependent Tunneling

Memory (the 411 patent) was duly and legally issued by the United States Patent and Trademark Office. A true and correct copy of the 411 patent is attached as Exhibit A to the Complaint. 9. NVE is the owner by assignment of the entire right, title, and interest in and to the 411

patent with the right to sue for past, present, and future infringement of the 411 patent. 10. Everspin has been and/or is making, using, selling, offering for sale, and/or importing,

without license or authority from NVE, in this district and elsewhere in the United States, Magnetoresistive Random Access Memory (MRAM) products that embody the inventions claimed in the 411 patent under 35 U.S.C. 271. Such products include MRAM products with memory cells having the 1-transistor, 1-magnetic tunnel junction (MTJ) architecture, such as 16bit parallel MRAM products including products designated MR4A16, MR2A16, and MR0A16; 8-bit parallel MRAM products including products designated MR4A08, MR2A08, MR0D08 and MR256A08; and SPI Serial MRAM products including products designated MR2H40, MR25H10, and MR25H256 (Everspin MRAM products).

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Upon information and belief, Everspin will continue to infringe the 411 patent unless

enjoined by the Court. 12. NVE has been damaged by Everspins infringement of the 411 patent, and will continue

to be damaged by that infringement unless enjoined by this Court. 13. Upon information and belief, Everspin has actual knowledge of the full contents of the

411 patent, and its prior and continuing infringement of the 411 patent was and is willful and deliberate. COUNT II: INFRINGEMENT OF U.S. PATENT NO. 6,349,053 14. 15. NVE incorporates and re-alleges paragraphs 1-6. On February 19, 2002, U.S. Patent Number 6,349,053 entitled Spin Dependent

Tunneling Memory (the 053 patent) was duly and legally issued by the United States Patent and Trademark Office. A true and correct copy of the 053 patent is attached as Exhibit B to the Complaint. 16. NVE is the owner by assignment of the entire right, title, and interest in the 053 patent

with the right to sue for past, present, and future infringement of the 053 patent. 17. Everspin has been and/or is making, using, selling, offering for sale, and/or importing,

without license or authority from NVE, in this district and elsewhere in the United States, MRAM products (including the Everspin MRAM products) that embody the inventions claimed in the 053 patent under 35 U.S.C. 271. 18. Upon information and belief, Everspin will continue to infringe the 053 patent unless

enjoined by the Court. 19. NVE has been damaged by Everspins infringement of the 053 patent, and will continue

to be damaged by that infringement unless enjoined by this court.

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Upon information and belief, Everspin has actual knowledge of the full contents of the

053 patent, and its prior and continuing infringement of the 053 patent was and is willful and deliberate. COUNT III: INFRINGEMENT OF U.S. PATENT NO. 6,538,921 21. 22. NVE incorporates and re-alleges paragraphs 1-6. On August 27, 2002, U.S. Patent Number 6,538,921 entitled Circuit Selection of

Magnetic Memory Cells and Related Structures (the 921 patent) was duly and legally issued by the United States Patent and Trademark Office. A true and correct copy of the 921 patent is attached as Exhibit C to the Complaint. 23. NVE is the owner by assignment of the entire right, title, and interest in and to the 921

patent with the right to sue for past, present, and future infringement of the 921 Patent. 24. Everspin has been and/or is making, using, selling, offering for sale, and/or importing,

without license or authority from NVE, in this district and elsewhere in the Unites States, MRAM products (including the Everspin MRAM products) that embody the inventions claimed in the 921 patent under 35 U.S.C. 271. 25. Upon information and belief, Everspin will continue to infringe the 921 patent unless

enjoined by the Court. 26. NVE has been damaged by Everspins infringement of the 921 patent, and will continue

to be damaged by that infringement unless enjoined by this court. 27. Upon information and belief, Everspin has actual knowledge of the full contents of the

921 patent, and its prior and continuing infringement of the 921 patent was and is willful and deliberate. PRAYER FOR RELIEF

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WHEREFORE, Plaintiff NVE prays for the following relief: A. That Everspin, its officers, agents, servants, employees and attorneys, and all persons in active concert or participation with them be found to have infringed the valid U.S. Patent No. 6,275,411, and be enjoined, preliminarily and permanently, from making, using, selling, offering for sale or importing into the United States products which infringe U.S. Patent No. 6,275,411; B. That Everspin, its officers, agents, servants, employees and attorneys, and all persons in active concert or participation with them be found to have infringed the valid U.S. Patent No. 6,349,053, and be enjoined, preliminarily and permanently, from making, using, selling, offering for sale or importing into the United States products which infringe U.S. Patent No. 6,349,053; C. That Everspin, its officers, agents, servants, employees and attorneys, and all persons in active concert or participation with them be found to have infringed the valid U.S. Patent No. 6,538,921, and be enjoined, preliminarily and permanently, from making, using, selling, offering for sale or importing into the United States products which infringe U.S. Patent No. 6,538,921; D. That Plaintiff NVE be compensated by Defendant Everspin for damages caused by the infringement of U.S. Patent 6,275,411 under 35 U.S.C. 284, in an amount to be determined by an accounting, but not less than reasonable royalty, plus interest; E. That Plaintiff NVE be compensated by Defendant Everspin for damages caused by the infringement of U.S. Patent 6,349,053 under 35 U.S.C. 284, in an amount to be determined by an accounting, but not less than reasonable royalty, plus interest;

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That Plaintiff NVE be compensated by Defendant Everspin for damages caused by the infringement of U.S. Patent 6,538,921 under 35 U.S.C. 284, in an amount to be determined by an accounting, but not less than reasonable royalty, plus interest;

G.

That the award of damages for infringement of U.S. Patent No. 6,275,411 be trebled as provided for by 35 U.S.C. 284 for willful infringement by Defendant Everspin;

H.

That the award of damages for infringement of U.S. Patent No. 6,349,053 be trebled as provided for by 35 U.S.C. 284 for willful infringement by Defendant Everspin;

I.

That the award of damages for infringement of U.S. Patent No. 6,538,921 be trebled as provided for by 35 U.S.C. 284 for willful infringement by Defendant Everspin;

J.

That Plaintiff NVE be awarded its costs and attorneys fees incurred in prosecuting this exceptional case, as provided for by 35 U.S.C. 285, plus interest; and

K.

That Plaintiff NVE be awarded such other relief as the Court deems just and proper.

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JURY DEMAND Plaintiff NVE demands a jury trial on all issues so triable.

Dated:

1/3/2012

By:

s/ David R. Fairbairn David R. Fairbairn (No. 28,125) Stuart A. Nelson (No. 336,075) KINNEY & LANGE, P.A. The Kinney & Lange Building 312 South Third Street Minneapolis, MN 55415-1002 Email: drfairbairn@kinney.com snelson@kinney.com Telephone: (612) 339-1863 Facsimile: (612) 339-6580 ATTORNEYS FOR PLAINTIFF NVE CORPORATION

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