KLA-Tencor, Therma-Wave Battle Over Patents

In a counterclaim to a prior KLA action, Therma-Wave Inc. is suing KLA-Tencor for infringement of Therma-Wave's patent #5,596,406 "Sample Characteristic Analysis Utilizing Multi-Wavelength and Multi-Angle Polarization and Magnitude Change Detection." The patent at issue covers fundamental technology utilized in Therma-Wave's Opti-Probe metrology systems, which integrate spectroscopy and ellipsometry for thin-film metrology.

The Therma-Wave 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 is also seeking a declaratory judgement that KLA-Tencor's Patent No. 4,899,055 is invalid and not infringed by any Therma-Wave device. "KLA-Tencor's suit is a baseless pressure tactic against a smaller competitor," says co-inventor of the Therma-Wave patent, company chairman and CEO Allan Rosencwaig. "Simply put, Therma-Wave's devices don't do anything remotely like what is claimed in KLA-Tencor's patent."

Therma-Wave produces nondestructive metrology and inspection systems for film-thickness measurement and ion-implant monitoring of advanced semiconductor devices.