A new lawsuit alleges that Samsung Electronics Co. and three of its subsidiaries are infringing on a patent by using a patented method to manufacture semiconductor devices for computer chips, smartphones and mobile devices.

The plaintiff, STC.UNM, is a research nonprofit connected to the University of New Mexico in Albuquerque, New Mexico, that for 20 years has fostered researchers who received 500 patents related to over 1,700 inventions, said the May 28 original complaint in STC.UNM v. Samsung Electronics. The nonprofit licenses its inventions and reinvests the proceeds into its research and development activities.

STC.UNM sued Samsung Electronics, which is based in the Republic of Korea, and three of its U.S. subsidiaries—Samsung Electronics America Inc. of New York, Samsung Semiconductor Inc. of San Jose, California, and Samsung Austin Semiconductor of Austin, Texas. The plaintiff alleged that the defendants are infringing its patent within the jurisdiction of the U.S. District Court for the Western District of Texas by creating, using and selling products that are manufactured using the patented method.

The patent involves “making a heteroepitaxial layer on a seed area,” which describes a process of layering silicon and silicon germanium vertically on a chip, and then etching the surfaces of each layer of material.

Susman Godfrey partner Brian Melton of Houston, who represents the plaintiff, explained that computer chips are so tiny a manufacturer that wants more power in a chip has a limited area to utilize.

“The technology allows you to build circuitry up like skyscrapers, instead of horizontally,” said Melton, who added that the patented method enables a chip to run more powerfully, while also saving battery power. “Our guys in the University of New Mexico invented and patented a special way of doing it, and we allege Samsung is infringing.”

For example, the Samsung Galaxy S7 smartphone contains an infringing chip, he said.

The plaintiff notified the defendants in September 2018 of the alleged infringement and offered to license the technology, but they declined, the complaint said.

Samsung is producing some of the infringing semiconductor devices at its plant in Austin, which is under the control of the other defendants, the complaint alleged.

Samsung also has encouraged its customers, such as Apple Inc., to infringe on the patent by using, selling and importing electronics that contain Samsung semiconductor devices, the plaintiff claimed.

“Defendants' sales engineers and technical marketing staff members interface with defendants' customers and potential customers to obtain 'design wins' (i.e. contracts with customers) to develop and manufacture chips using the infringing processes,” the complaint alleged. “Defendants' sales engineers and technical marketing staff tout the technological and economic benefits of the infringing processes and actively encourage use of the infringing processes to make customers' chips.”

No one from Samsung's press office immediately responded to an email seeking comment.

Read the complaint: