Hughes Aircraft Co. v. National Semiconductor Corp.

ORDER DENYING DEFENDANT’S MOTION TO DISMISS FOR LACK OF SUBJECT MATTER JURISDICTION; ORDERING SUPPLEMENTAL BRIEFING; SETTING HEARING DATE

BACKGROUND

This action involves three patents relating to certain technology used in the semiconductor industry: (1) No. 3,472,712, entitled “Field-Effect Device with Insulated Gate,” originally issued on October 14,1969; (2) No. 3,507,709, entitled “Method of Irradiating Dielectric-Coated Semiconductor Bodies with Low Energy Electrons,” originally issued on April 21,1970; and (3) No. 3,615,934, entitled “Insulated Gate Field Effect Device Having Source and Drain Regions Formed in Part by Ion Implantation and Method of Making Same,” originally issued on October 26, 1971. These patents are collectively referred to as “the Bower patents.”

At some point prior to 1980, these patents were allegedly transferred to Plaintiff Hughes Aircraft Company (hereafter “Hughes”). Starting in 1980 Hughes began contacting companies which it believed were infringing its patents. Defendant National Semiconductor Corporation (hereafter “NSC”) was one of the companies Hughes contacted. In 1988 Hughes entered into a tolling agreement with NSC which provided in…