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Therma-Wave Sues KLA-Tencor fremont, calif. -- In a counterclaim to an infringement action taken by KLA- Tencor, Therma-Wave has sued the equipment giant, claiming infringement of Therma-Wave's Patent Number 5,596,406, titled, "Sample Characteristic Analysis Utilizing Multi-Wavelength and Multi-Angle Polarization and Magnitude Change Detection," issued Jan. 21, 1997. Therma-Wave claims the '406 patent covers the fundamental concept of combining measurements obtained from both Spectroscopy and Spectral Ellipsometry in one metrology system. These metrology systems are used for the evaluation of thin film samples, such as in IC manufacturing. KLA-Tencor filed a patent infringement suit on September 3 against Therma-Wave in the U.S. District Court for the Northern District of California. KLA-Tencor has alleged in its suit that Therma-Wave has infringed KLA-Tencor's Patent Number 4,899,055, Thin Film Thickness Measuring Method," which was issued February 6, 1990. In addition, KLA-Tencor has alleged that Therma-Wave has actively induced the use of the patented process by others outside the United States for products that are then imported into the U.S. Pressure Tactic "KLA-Tencor's suit is a baseless pressure tactic against a smaller competitor," responds Therma-Wave's Chairman/CEO Allan Rosencwaig. "Simply put, Therma-Wave's devices don't do anything remotely like what is claimed in KLA-Tencor's patent." He accuses KLA-Tencor of putting legal pressure on a smaller competitor who has gained market share against them. Future At Stake "It certainly is true that during a difficult time like this, it is not a good time to spend money on a lawsuit," said Dr. Rosencwaig. Combined technology measurements are the future in film metrology, according to the small California-based fab gear supplier. Qualifying the technique as a "fundamental aspect of our new products," Dr. Rosencwaig, co-inventor of the '406 patent, believes that "every company is going to have to have this combination in order to proceed. You just cannot provide the kind of measurements that are needed without combining the two technologies together." The patented technology in question is incorporated into Therma-Wave's Opti- Probe systems, one of Therma-Wave's flagship products. Therma-Wave's countersuit seeks damages for patent infringement and a permanent injunction against any future infringing activity by KLA-Tencor, or by any third party working in conjunction with KLA-Tencor. Therma-Wave also filed a counterclaim seeking a declaratory judgement that KLA-Tencor's Patent No. 4,899,055 is invalid and not infringed by any Therma-Wave device. According to Jeff Chanin, a partner at the law firm Keker & Van Nest, it is "premature to say" exactly how long or at what cost the lawsuit and countersuit will carry, "but in terms of their claim, it is going to be easy to establish non-infringment, we don't think we will need a trial." Mr. Chanin also expressed confidence in coming to a quick decision regarding Therma-Wave's counterclaim. "We've been in this position before," says Dr. Rosencwaig, alluding to Therma- Wave's legal dispute with Jenoptik. "We don't take on these cases unless we feel it takes on technology that is important to the company and unless we feel we have a very strong position." |