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Emerging Non-Volatile Memories
Patent Landscape
February 2014

IBM

University of Houston

IBM

Integrated Magneto Electronics

2405 route des Dolines
06902 Sophia Antipolis, France
www.knowmade.com

Macronix

IBM

SanDisk
Scope of the Report
• This report provides a detailed picture of the patent landscape for emerging Non Volatile Memories (eNVM). This includes
statistical analysis by memory, by type (material composition, cell architecture…) and key players.
• Over the more than 10,000 patent families identified for this project, 8,661 relevant patent families to the scope of this
report have been analyzed. These 8,661 patent families have been segmented as follow:

Memory Type

FeRAM

MRAM

ReRAM

PCRAM

Patent Type

Patent Type

Patent Type

Patent Type

•Material
•Process
•Cell Structure
•Programming

•Material
•Process
•Cell Structure
•Programming

•Material
•Process
•Cell Structure
•Programming

•Material
•Process
•Cell Structure
•Programming

Copyrights © KnowMade SARL. All rights reserved.

Emerging Non-Volatile Memories - Patent Landscape – February 2014
Key Features of the Report
• This report provides for each emerging nonvolatile memory in-depth analysis of key technology segments and key players
including:
- Time evolution of patent publications, priority and publication countries
- Breakdown of publication countries for top players
- Legal status of patents
- Ranking of main patent assignees for both industry and academic players
- Identification of main joint developments between main patent assignees
- Overview of key patents and collaboration networks between assignees
- Expiring granted patents with approaching date
- Overview of eNVM related patent litigations
- Relative strength of each company IP portfolio

• A matrix is provided on type of eNVM memories for more than 50 companies.
• The “eNVM IP” profiles of 10 companies are presented, with key patents, litigations, licenses, partnerships and acquisitions.
• The report also provides an extensive Excel database with the 8,661 patent families taken into account in this study. This
database allows multi-criteria searches.
Patent information: Patent number, Hyperlink to original document, Priority date, Title, Abstract, Applicants, Legal Status.
Memory Type Segments: FeRAM, MRAM, ReRAM, PCRAM.
Patent Type Segments: Material, Process, Cell structure, Programming.
Disclaimer: Knowmade is a research firm that provides technical analysis and technical opinions. Knowmade is not a law firm.
The research, technical analysis and/or work proposed or provided by Knowmade and contained herein is not a legal opinion
and should not be construed as such.
Copyrights © KnowMade SARL. All rights reserved.

Emerging Non-Volatile Memories - Patent Landscape – February 2014
Methodology
• The data was extracted from the FamPat worldwide database (Questel-ORBIT) which provides 80+ million patent
documents from 95 offices.
• The search for patent was performed in October 2013 hence patents published after this date will not be available
in this deliverable.
• The selection of the patents has been done both automatically and manually (all details in next slides).

Number of selected patent families for the emerging NVM IP Investigation:
8,661 over a number of returned results > 10,000

• The statistical analysis was performed with INTELLIXIR analysis software.
• The patents were categorized using keyword analysis of patent title, abstract and claims, in conjunction with expert
review of the subject-matter of inventions (all details in next slides).
• The patents were grouped according FamPat’s family rules (variation of EPO strict family): A Patent Family
comprises patents linked by exactly same priority numbers (strict family), plus comparison of priority and application
numbers, specific rules by country and information gathered from other sources (national files, legal status …).

Copyrights © KnowMade SARL. All rights reserved.

Emerging Non-Volatile Memories - Patent Landscape – February 2014
Methodology for Patent Screening, Classification and Analysis
Phase I

Keywords and term-set definition
Search equations / Search strategy

Phase II
Patent screening
Fine search using IPC classes
and citations analysis

Patent classification
Technological
Segmentation

Related

Relevant

Non relevant

Phase III

Patent
Landscape
Segmentation improvement during IP Landscape

Landscape
Overview

Copyrights © KnowMade SARL. All rights reserved.

In-depth analysis on
Key Technology Segments
and Key Players

Emerging Non-Volatile Memories - Patent Landscape – February 2014

Patent Ranking and
Key Patents analysis
Table of Contents
Scope Of the Report
Key Features of the Report
Terminology for Patent Analysis
Methodology
Types of Memories
Search Strategy and Patent Screening
Technological Segmentation
Executive Summary

p4
p5
p6
p8
p10
p11
p12
p13

I - IP Landscape Overview
•Time Evolution of Patent Publication
•Technology Breakdown of Patent Filing

p.16

II – Analysis of Technology Segments

p.19

•Segmentation by Type of Patent
•Main IPC Classes
•Main Reference Patents
•Expiration of Granted Patents
•Litigations
•Summary of Main Assignee Patent Portfolio
•Strength of Main Assignee Patent Portfolio
III – Summary of Assignee Portfolio
•Matrix Applicant/Memory Type
•Focus On Key Players
For all of them : Portfolio summary, key patents,
collaborations, litigations and licenses, granted
patents near expiration.

p.104
p.105
p.107

IIa – FeRAM

p.20

SK Hynix

p.108

IIb – MRAM

p.41

Samsung (+Grandis)

P.109

IIc – ReRAM

p.61

Toshiba

p.110

IId – PCRAM

p.83

SanDisk

p.111

Micron Technology (+Numonyx +Elpida Memory)

p.112

IBM

p.113

Infineon Technologies

p.114

Macronix International

p.115

Everspin Technologies

p.116

Cypress Semiconductor (+Ramtron International)

p.117

For each memory type:
•Technology Description
•Time Evolution of Patent Publications
•Main Patent Assignees Ranking
•Main Joint Developments
•Time Evolution of Top-15 Patent Assignees
•Publication Countries of Top-15 Patent Assignees
•Geographic Breakdown of Patent Filings
•Current Legal Status of Patents
•Patent Assignee IP Network
Copyrights © KnowMade SARL. All rights reserved.

•Discussion

Emerging Non-Volatile Memories - Patent Landscape – February 2014

p.118
Executive Summary
The integration limit of flash memories is approaching, and emerging Non-Volatile Memories (eNVM) to replace conventional
Flash Memories have been proposed. Ferroelectric RAMs (FeRAMs), Magnetoresistive RAMs (MRAMs), Resistive-change
RAMs (ReRAMs) or Phase-Change Random-Access Memories (PCRAMs) are promising to change the memory landscape. The
field of eNVM has shown an intensive patenting activity since early 1990s, with a substantial increase during the past decade.
Currently, there are more than 8,600 relevant patent families filed all over the world. Patent families were filed by more than
800 patent applicants mainly located in USA, Japan, Taiwan and China. From a quantitative point of view, the most active
companies are SK Hynix, Samsung, Toshiba, Micron Technology and IBM. In addition, startup firms do not file many patents
and their main strategy is to license or sell their intellectual property.
The patents related to MRAM technology account for more than 40% of filings. The main patent applicants are Toshiba,
Samsung and Renesas Electronics which represent together almost 30% of the patents. The MRAM technology was growing
between 2003-2007 with more than 50% of patents published during these years. Currently, the number of patents filed has
remained stable, with about 200 patents filed per year.
About 30% of patent families are related to PCRAM technology. They were mainly filed by SK Hynix and Samsung, they
represent almost 40% of published patents. The PCRAM technology was increasing between 2002 and 2009, with more than
450 patent families published in 2009. Publication patents is decreasing these last 4 years, however more than 200 patents
are still published every year. Patent filings will continue on PCRAM technology to further improve memory applications.
The patents dedicated to FeRAM technology represent 20% of filings. They were mainly filed by SK Hynix, Samsung and Seiko
Epson which represent almost 50% of published patents. FeRAM is a mature technology, and FeRAM is not an active patent
field yet.
Patents related to ReRAM technology account for almost 10% of new patent filings. ReRAM is the newest patented
technology and the number of patent publications will continue to increase in the coming years. With over 100 patent families
already filed, Samsung will play a significant role in this emerging technology development.
Several players are focusing on all types of memories, alone or by joint developments. An overview is given for more than 50
companies. A focus is also realized on main 10 players (SK Hynix, Samsung, Toshiba, Micron Technology, IBM…) to summarize
all the data set, such as key patents, expiring patents, acquisitions, joint developments and key industrial applications for each
eNVM.
Copyrights © KnowMade SARL. All rights reserved.

Emerging Non-Volatile Memories - Patent Landscape – February 2014
Companies Mentioned in this Report

Adesto Technologies, Altis Semiconductor, Avalanche Technology, Beijing University, Crocus
Technology, Crossbar, Cypress Semiconductor, Electronics and Telecommunications Research
Institute (ETRI), Elpida Memory, Energy Conversion Devices, Everspin Technologies, Freescale
Semiconductor, Fudan University, Fujitsu, Grandis, Hanyang University, Hewlett Packard,
Hitachi, IBM, Industrial Technology Research Institute (ITRI), Infineon Technologies, Institute of
Microelectronics (CAS), Intel, Intermolecular, Macronix International, Magic Technology,
Micron Technology, Motorola, Nanya Technology, NEC, New York University, Oki Electric
Industry, Olympus, Ovonyx, Panasonic, Powerchip, Promos Technologies, Qimonda,
Qualcomm, Rambus, Ramtron International, Renesas Electronics, Rohm, Samsung, SanDisk,
Seagate Technology, Seiko Epson, Semiconductor Manufacturing International Corporation
(SMIC), Shanghai Institute (CAS), Sharp, SK Hynix, Sony, Spansion, Spin Transfer Technologies,
STMicroelectronics, Symetrix, Taiwan Semiconductor Manufacturing (TSMC), TDK, Texas
Instruments, Toshiba, Unity Semiconductor, Winbond Electronics

Copyrights © KnowMade SARL. All rights reserved.

Emerging Non-Volatile Memories - Patent Landscape – February 2014
Type of Memories
Emerging Memories

Established Memories

MRAM

ReRAM
(or RRAM)

PCRAM
(or PRAM,
PCM)

DRAM

Flash NAND

YES

YES

YES

YES

NO

YES

Endurance

High (1012)

High (1015)

Medium (108)

Medium (108)

High (1015)

Low (105)

2012 latest
technological node
produced (nm)

130 nm

130 nm

R&D

45 nm

30 nm

20 nm

Cell Size
(cell size in F2)

Large (15-20)

Large/Medium
(6-40)

Medium (6-12)

Medium (6-12)

Small (6-10)

Very small (4)

Write speed

Medium
(100ns)

High (10 ns)

Medium (75 ns)

Medium (75 ns)

High (10ns)

Low (10 000 ns)

Power Consumption

Low

High/Low

Low

Low

Low

Very High

Cost ($/Gb)

High ($ 10
000/Gb)

High ($ 1000 – 100
/Gb)

R&D

Medium
(few $/ Gb)

Low ($1/Gb)

Very Low
($ 0.1/Gb)

FeRAM
(or FRAM)
Nonvolatile

From Yole Dévelopment « Emerging NVM » 2013 Report

PCRAM is part of Resistive Memories. We made the choice here to separate this memory from ReRAM due to the large number of patents in
PCRAM technology.
Copyrights © KnowMade SARL. All rights reserved.

Emerging Non-Volatile Memories - Patent Landscape – February 2014
No. of Patent Families

Time Evolution of Patent Publications
900
850
800
750
700
650
600
550
500
450
400
350
300
250
200
150
100
50
0

ReRAM
KnowMade© 2014

68

MRAM
16

PCRAM
IBM
US3761896
(ReRAM)

Energy
Conversion
Devices (ECD)
Ovonyx
EP0495494
(PCRAM)

Infineon Technologies
Ramtron International
US4713157
(FeRAM)

1

2

2

2

1

Note
Patents published
until October 2013

1

7

24

106

261

FeRAM

117
4

290 295
459

IBM
US5343422
(MRAM)

242

230 115

427
156

2 334

3
28 47
2

71

15

233

458

222

1
8

57 61 81

266 271 356
39 63 97

155

209
370
284 273

1
145
9 25
161 163 127
1 2 1 137 127 147 140
103
98
66 88
1 21 1
54 46 33 19 26
20 18 54
15
13

Earliest publication year of each patent family
8,661 patent families were published from 1973 to 2013 in emerging NVM technology, and 38% of them were published these last 5 years. The
publication number of ReRAM patents is still increasing with more than 100 patents published every year these last 4 years. With the first patent
published by IBM in 1994, the number of MRAM patent publications were maximum between 2003 and 2007 with a relative steady number of
publications since 2010. The number of PCRAM patent publications, with first patent (on electrically programming memory) published by ECD and
Ovonyx in 1992, is higher than 250 every year since 2006, with the highest number in 2009 (458). Most of FeRAM patents were published between
1999 and 2007 with a number of patent publications decreasing since 2008.
Copyrights © KnowMade SARL. All rights reserved.

Emerging Non-Volatile Memories - Patent Landscape – February 2014
Patent Assignee IP Network

FeRAM

Main assignee collaboration network for patent families

There are only few co-assigned patent families related to FeRAM technology. Toshiba and Infineon Technologies jointly developed
FeRAM for cell phones in 2000. Qimonda is a spin-off of Infineon Technologies (spin-off of Siemens since 1999) since 2006. In 2006,
Qimonda acquired more than 40 patents (mostly US) of Infineon Technologies on FeRAM technology. Toshiba co-holds some patents
with Infineon Technologies or Qimonda. Note that Renesas Electronics is the merger of Renesas Technology (Joint Venture of Hitachi
and Mitsubishi in 2003) and NEC Electronics (2002 spin-off of NEC) in 2010.
Copyrights © KnowMade SARL. All rights reserved.

Emerging Non-Volatile Memories - Patent Landscape – February 2014
Main Reference Patents

FeRAM

Main reference patents for FeRAM and corresponding main citing applicants
The selection of reference patents is based on both citations analysis and their impact on FeRAM technology.
SYMETRIX
PANASONIC
NANYA TECHNOLOGY

NEC
SHARP
FUJITSU
TOSHIBA

MICRON TECHNOLOGY
TEXAS INSTRUMENTS
CYPRESS SEMICONDUCTOR
SYMETRIX
COLUMBINE VENTURE FUND
CROSSPOINT VENTURE II
LOCKHEED
NATIONAL SEMICONDUCTOR
RAMTRON INTERNATIONAL1
OSCCO III
SILICON VALLEY BANK
WEEDEN CAPITAL
US4888733
US5046043

1987

1988

RAMTRON INTERNATIONAL1
SILICON VALLEY BANK
EP0278167

SK HYNIX
PANASONIC
TOSHIBA
1Acquired

OLYMPUS
SYMETRIX
JPH07111318

1992

1993

INFINEON TECHNOLOGIES
RAMTRON INTERNATIONAL1
US5191510
TEXAS INSTRUMENTS
ROHM
MICRON TECHNOLOGY

INFINEON
TECHNOLOGIES
MICRON
TECHNOLOGY
QIMONDA

NEC
STMICROELECTRONICS
SYMETRIX

STMICROELECTRONICS
FUJIFILM
ZETTACORE

ADVANCED TECHNOLOGY
MATERIALS
FELLOWS RESEARCH
ALLIANCE
WO9927581

1996

SEIKO EPSON
EP1589566

1997

TOSHIBA
CITIBANK
JPH10275897
FREESCALE
SEMICONDUCTOR
KnowMade© 2014
MOTOROLA
JPH09246497
MICRON TECHNOLOGY
TOSHIBA
FUJITSU

by Cypress Semiconductor in 2012

Copyrights © KnowMade SARL. All rights reserved.

2005

Emerging Non-Volatile Memories - Patent Landscape – February 2014

SK HYNIX
WO2007028150
Earliest
publication date
of the patent
family

2006

FUJITSU
WO2007116442

2008

KIM JUHAN
US2010097839

SEIKO EPSON
TEXAS
INSTRUMENTS
Main Patent Assignees

Copyrights © KnowMade SARL. All rights reserved.

Emerging Non-Volatile Memories - Patent Landscape – February 2014

MRAM
Strength of Main Assignee Patent Portfolios
A

Assignee

No. of patent
families

B

C

MRAM
D

No. of citing
No. of citing patent No. of citing patent
patent families /
families
families / year
patent family
(from FamPat
database)

(average)

=B/A

E

F

Relative Impact
Strength of the
Factor of the
patent families patent portfolio
=AxE
= D / 2.7*

Company A [JP]

512

3179

190.7

6.2

2.3

1164

Company B [KR]

298

2002

129.2

6.7

2.5

733

Company C [JP]

237

1369

101.4

5.8

2.1

501

Company D [JP]

184

879

45.3

4.8

1.7

322

Company E [JP]

182

961

65.5

5.3

1.9

352

Company F [US]

158

1189

73.5

7.5

2.8

435

Company G [US]

154

1743

112.5

11.3

4.1

638

Company H [DE]

148

1305

85.1

8.8

3.2

478

Company I [US]

135

2050

113.4

15.0

5.5

750

Company J [DE]

129

1075

70.1

8.3

3.1

393

Company K [US]

129

1888

104.4

14.6

5.4

691

*9,674 patent families cite the whole of the 3,542 patent families taken into account for the study, then corresponding to an average of 2.7 citing patent families per patent family.
: highest value in column
: lowest value in column
Copyrights © KnowMade SARL. All rights reserved.

Emerging Non-Volatile Memories - Patent Landscape – February 2014
Matrix Applicant/Memory Type
FeRAM
PATENT APPLICANTS

MRAM

ReRAM

PCRAM

Portfolio
Strength
Index*

No of Patent
Families
47

Portfolio
Strength
Index*
11

No of Patent
Families

Portfolio
Strength
Index*

No of Patent
Families

Company A [KR]

489

266

125

Company B [KR]

163

281

298

733

108

127

Company C [JP]

93

179

Company D [US]

9

513

1164

25

14

158

435

24

Company E [DE]

50

148

478

50

Company F [JP]
Company G [US]

23

237

501

2

47

9

124

8

126

Company H [DE]

70

129

393

29

34

262

Company I [JP]

36

182

352

5

10

233

Company J [JP]

38

184

322

6

1

229

Company K [TW]

1

59

21

112

128

193

Company L [TW]

6

16

23

146

401

191

Company M [JP]

89

12

0

176

Company N [US]

1

4

1

160

Company O [JP]

153

2

3

0

158

Company P [JP]
Company Q [US]
Company R [CN]

38
5
1

68
137
0

750

1
4
5

46
5
125

153
151
131

Company S [US]

0

129

691

0

0

Company T [US]

0

0

0

118

Company U [CN]

4

11

8

Company V [FR]

8

18

0

Company W [JP]

52

15

34

0

101

Company X [TW]

1

73

4

20

98

Company Y [US]

0

2

0

85

Company Z [TW]

0

87

0

0

87

Company AA [US]

2

48

27

2

79

68

119

110

75
154

115

129

638

487

1038

No of Patent
Families

17

1172
1054
645

163
80

65

676

354

84

357

330
309

270

3

267

129

43

Emerging Non-Volatile Memories - Patent Landscape – February 2014

118

1

107

75
131

960

84

* Portfolio Strength Index is only available for main patent assignees in each memory type segment.
Copyrights © KnowMade SARL. All rights reserved.

537

Portfolio
Strength
Index*
242

Total No of
Patent
Families

284

101

549

87
Samsung - Patent Portfolio Analysis
Samsung Electronics – Samsung Electro Mechanics - Grandis (Acquisition in 2011)

Copyrights © KnowMade SARL. All rights reserved.

Emerging Non-Volatile Memories - Patent Landscape – February 2014
Other Sample Pages

Copyrights © KnowMade SARL. All rights reserved.

Emerging Non-Volatile Memories - Patent Landscape – February 2014
The Authors
Dr Audrey Bastard
works for Knowmade in the field
of
Microelectronics
and
Nanotechnology. She holds a
PhD in Physics from National
Polytechnic
Institute
of
Grenoble, France in collaboration
with STMicroelectronics, CEALeti
and CEMES Toulouse. She also
holds a Materials Engineering
Degree from the Superior
Engineering School of Luminy,
Marseille, France.

Dr Nicolas Baron
is CEO and co-founder of
Knowmade. He is leading the
Microelectonics
and
Nanotechnology scientific and
patent analysis department. He
holds a PhD in Physics from the
University of Nice SophiaAntipolis, plus a University
Diploma in Intellectual Property
Strategy and Innovation from the
European Institute for Enterprise
and Intellectual Property (IEEPI
Strasbourg), France.

About Knowmade
Knowmade is specialized in analysis of patents and scientific research findings. We provide patent search, IP
landscape, patent valuation, IP due diligence, FTO search, scientific literature landscape, identification of
technologies available for transfer/licensing/sale, alerts and updates. Our service offer consists of custom
studies, analysis reports, on-demand tracking and strategy consulting. Knowmade combines information
search services, scientific expertise, powerful analytics and visualization tools, and proprietary methodologies
for analyzing patents and scientific information. With a solid focus on Compound Semiconductors, LED, MEMS,
Nanotechnology and Biotechnology, Knowmade supports research laboratories, industrial companies and
investors in their business development.

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Emerging Non-Volatile Memories - Patent Landscape – February 2014
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Emerging Non-Volatile Memories - Patent Landscape – February 2014
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extra time to compute or compare the data in order to enable the Seller to deliver a high quality Products.
2.3 The mailing of the Product will occur only upon payment by the Buyer, in accordance with the conditions contained in article 3.
2.4 The mailing is operated through electronic means either by email via the sales department. If the Product’s electronic delivery format is defective, the Seller undertakes to replace it at no charge to the
Buyer provided that it is informed of the defective formatting within 90 days from the date of the original download or receipt of the Product.
2.5 The person receiving the Products on behalf of the Buyer shall immediately verify the quality of the Products and their conformity to the order. Any claim for apparent defects or for non-conformity
shall be sent in writing to the Seller within 8 days of receipt of the Products. For this purpose, the Buyer agrees to produce sufficient evidence of such defects.
2.6 No return of Products shall be accepted without prior information to the Seller, even in case of delayed delivery. Any Product returned to the Seller without providing prior information to the Seller as
required under article 2.5 shall remain at the Buyer’s risk.

Copyrights © KnowMade SARL. All rights reserved.

Emerging Non-Volatile Memories - Patent Landscape – February 2014
Terms and Conditions of Sales
3. Price, invoicing and payment
3.1 Prices are given in the orders corresponding to each Product sold on a unit basis or corresponding to annual subscriptions. They are expressed to be inclusive of all taxes. The prices may be reevaluated
from time to time. The effective price is deemed to be the one applicable at the time of the order.
3.2 Payments due by the Buyer shall be sent by cheque payable to Knowmade, PayPal or by electronic transfer to the following account:
Banque populaire St Laurent du Var CAP 3000 - Quartier du lac- 06700 St Laurent du Var
BIC or SWIFT code: CCBPFRPPNCE
IBAN: : FR76 1560 7000 6360 6214 5695 126
To ensure the payments, the Seller reserves the right to request down payments from the Buyer. In this case, the need of down payments will be mentioned on the order.
3.3 Payment is due by the Buyer to the Seller within 30 days from invoice date, except in the case of a particular written agreement. If the Buyer fails to pay within this time and fails to contact the Seller,
the latter shall be entitled to invoice interest in arrears based on the annual rate Refi of the «BCE» + 7 points, in accordance with article L. 441-6 of the French Commercial Code. Our publications (report,
database, tool...) are delivered only after reception of the payment.
3.4 In the event of termination of the contract, or of misconduct, during the contract, the Seller will have the right to invoice at the stage in progress, and to take legal action for damages.
4. Liabilities
4.1 The Buyer or any other individual or legal person acting on its behalf, being a business user buying the Products for its business activities, shall be solely responsible for choosing the Products and for the
use and interpretations he makes of the documents it purchases, of the results he obtains, and of the advice and acts it deduces thereof.
4.2 The Seller shall only be liable for (i) direct and (ii) foreseeable pecuniary loss, caused by the Products or arising from a material breach of this agreement
4.3 In no event shall the Seller be liable for:
a) damages of any kind, including without limitation, incidental or consequential damages (including, but not limited to, damages for loss of profits, business interruption and loss of programs or
information) arising out of the use of or inability to use the Seller’s website or the Products, or any information provided on the website, or in the Products;
b) any claim attributable to errors, omissions or other inaccuracies in the Product or interpretations thereof.
4.4 All the information contained in the Products has been obtained from sources believed to be reliable. The Seller does not warrant the accuracy, completeness adequacy or reliability of such
information, which cannot be guaranteed to be free from errors.
4.5 All the Products that the Seller sells may, upon prior notice to the Buyer from time to time be modified by or substituted with similar Products meeting the needs of the Buyer. This modification shall
not lead to the liability of the Seller, provided that the Seller ensures the substituted Product is similar to the Product initially ordered.
4.6 In the case where, after inspection, it is acknowledged that the Products contain defects, the Seller undertakes to replace the defective products as far as the supplies allow and without indemnities or
compensation of any kind for labor costs, delays, loss caused or any other reason. The replacement is guaranteed for a maximum of two months starting from the delivery date. Any replacement is
excluded for any event as set out in article 5 below.
4.7 The deadlines that the Seller is asked to state for the mailing of the Products are given for information only and are not guaranteed. If such deadlines are not met, it shall not lead to any damages or
cancellation of the orders, except for non-acceptable delays exceeding [4] months from the stated deadline, without information from the Seller. In such case only, the Buyer shall be entitled to ask for a
reimbursement of its first down payment to the exclusion of any further damages.
4.8 The Seller does not make any warranties, express or implied, including, without limitation, those of saleability and fitness for a particular purpose, with respect to the Products. Although the Seller shall
take reasonable steps to screen Products for infection of viruses, worms, Trojan horses or other codes containing contaminating or destructive properties before making the Products available, the Seller
cannot guarantee that any Product will be free from infection.
5. Force majeure
The Seller shall not be liable for any delay in performance directly or indirectly caused by or resulting from acts of nature, fire, flood, accident, riot, war, government intervention, embargoes, strikes, labor
difficulties, equipment failure, late deliveries by suppliers or other difficulties which are beyond the control, and not the fault of the Seller.

Copyrights © KnowMade SARL. All rights reserved.

Emerging Non-Volatile Memories - Patent Landscape – February 2014
Terms and Conditions of Sales
6. Protection of the Seller’s IPR
6.1 All the IPR attached to the Products are and remain the property of the Seller and are protected under French and international copyright law and conventions.
6.2 The Buyer agreed not to disclose, copy, reproduce, redistribute, resell or publish the Product, or any part of it to any other party other than employees of its company. The Buyer shall have the right to
use the Products solely for its own internal information purposes. In particular, the Buyer shall therefore not use the Product for purposes such as:
- Information storage and retrieval systems;
- Recordings and re-transmittals over any network (including any local area network);
- use in any timesharing, service bureau, bulletin board or similar arrangement or public display;
- Posting any Product to any other online service (including bulletin boards or the Internet);
- Licensing, leasing, selling, offering for sale or assigning the Product.
6.3 The Buyer shall be solely responsible towards the Seller of all infringements of this obligation, whether this infringement comes from its employees or any person to whom the Buyer has sent the
Products and shall personally take care of any related proceedings, and the Buyer shall bear related financial consequences in their entirety.
6.4 The Buyer shall define within its company point of contact for the needs of the contract. This person will be the recipient of each new report in PDF format. This person shall also be responsible for
respect of the copyrights and will guaranty that the Products are not disseminated out of the company.
7. Termination
7.1 If the Buyer cancels the order in whole or in part or postpones the date of mailing, the Buyer shall indemnify the Seller for the entire costs that have been incurred as at the date of notification by the
Buyer of such delay or cancellation. This may also apply for any other direct or indirect consequential loss that may be borne by the Seller, following this decision.
7.2 In the event of breach by one Party under these conditions or the order, the non-breaching Party may send a notification to the other by recorded delivery letter upon which, after a period of thirty (30)
days without solving the problem, the non-breaching Party shall be entitled to terminate all the pending orders, without being liable for any compensation.
8. Miscellaneous
All the provisions of these Terms and Conditions are for the benefit of the Seller itself, but also for its licensors, employees and agents. Each of them is entitled to assert and enforce those provisions against
the Buyer.
Any notices under these Terms and Conditions shall be given in writing. They shall be effective upon receipt by the other Party.
The Seller may, from time to time, update these Terms and Conditions and the Buyer, is deemed to have accepted the latest version of these terms and conditions, provided they have been communicated
to him in due time.
9. Governing law and jurisdiction
9.1 Any dispute arising out or linked to these Terms and Conditions or to any contract (orders) entered into in application of these Terms and Conditions shall be settled by the French Commercial Courts of
Grasse, which shall have exclusive jurisdiction upon such issues.
9.2 French law shall govern the relation between the Buyer and the Seller, in accordance with these Terms and Conditions.

Copyrights © KnowMade SARL. All rights reserved.

Emerging Non-Volatile Memories - Patent Landscape – February 2014

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Emerging Non-Volatile Memories patent landscape 2014

  • 1. Emerging Non-Volatile Memories Patent Landscape February 2014 IBM University of Houston IBM Integrated Magneto Electronics 2405 route des Dolines 06902 Sophia Antipolis, France www.knowmade.com Macronix IBM SanDisk
  • 2. Scope of the Report • This report provides a detailed picture of the patent landscape for emerging Non Volatile Memories (eNVM). This includes statistical analysis by memory, by type (material composition, cell architecture…) and key players. • Over the more than 10,000 patent families identified for this project, 8,661 relevant patent families to the scope of this report have been analyzed. These 8,661 patent families have been segmented as follow: Memory Type FeRAM MRAM ReRAM PCRAM Patent Type Patent Type Patent Type Patent Type •Material •Process •Cell Structure •Programming •Material •Process •Cell Structure •Programming •Material •Process •Cell Structure •Programming •Material •Process •Cell Structure •Programming Copyrights © KnowMade SARL. All rights reserved. Emerging Non-Volatile Memories - Patent Landscape – February 2014
  • 3. Key Features of the Report • This report provides for each emerging nonvolatile memory in-depth analysis of key technology segments and key players including: - Time evolution of patent publications, priority and publication countries - Breakdown of publication countries for top players - Legal status of patents - Ranking of main patent assignees for both industry and academic players - Identification of main joint developments between main patent assignees - Overview of key patents and collaboration networks between assignees - Expiring granted patents with approaching date - Overview of eNVM related patent litigations - Relative strength of each company IP portfolio • A matrix is provided on type of eNVM memories for more than 50 companies. • The “eNVM IP” profiles of 10 companies are presented, with key patents, litigations, licenses, partnerships and acquisitions. • The report also provides an extensive Excel database with the 8,661 patent families taken into account in this study. This database allows multi-criteria searches. Patent information: Patent number, Hyperlink to original document, Priority date, Title, Abstract, Applicants, Legal Status. Memory Type Segments: FeRAM, MRAM, ReRAM, PCRAM. Patent Type Segments: Material, Process, Cell structure, Programming. Disclaimer: Knowmade is a research firm that provides technical analysis and technical opinions. Knowmade is not a law firm. The research, technical analysis and/or work proposed or provided by Knowmade and contained herein is not a legal opinion and should not be construed as such. Copyrights © KnowMade SARL. All rights reserved. Emerging Non-Volatile Memories - Patent Landscape – February 2014
  • 4. Methodology • The data was extracted from the FamPat worldwide database (Questel-ORBIT) which provides 80+ million patent documents from 95 offices. • The search for patent was performed in October 2013 hence patents published after this date will not be available in this deliverable. • The selection of the patents has been done both automatically and manually (all details in next slides). Number of selected patent families for the emerging NVM IP Investigation: 8,661 over a number of returned results > 10,000 • The statistical analysis was performed with INTELLIXIR analysis software. • The patents were categorized using keyword analysis of patent title, abstract and claims, in conjunction with expert review of the subject-matter of inventions (all details in next slides). • The patents were grouped according FamPat’s family rules (variation of EPO strict family): A Patent Family comprises patents linked by exactly same priority numbers (strict family), plus comparison of priority and application numbers, specific rules by country and information gathered from other sources (national files, legal status …). Copyrights © KnowMade SARL. All rights reserved. Emerging Non-Volatile Memories - Patent Landscape – February 2014
  • 5. Methodology for Patent Screening, Classification and Analysis Phase I Keywords and term-set definition Search equations / Search strategy Phase II Patent screening Fine search using IPC classes and citations analysis Patent classification Technological Segmentation Related Relevant Non relevant Phase III Patent Landscape Segmentation improvement during IP Landscape Landscape Overview Copyrights © KnowMade SARL. All rights reserved. In-depth analysis on Key Technology Segments and Key Players Emerging Non-Volatile Memories - Patent Landscape – February 2014 Patent Ranking and Key Patents analysis
  • 6. Table of Contents Scope Of the Report Key Features of the Report Terminology for Patent Analysis Methodology Types of Memories Search Strategy and Patent Screening Technological Segmentation Executive Summary p4 p5 p6 p8 p10 p11 p12 p13 I - IP Landscape Overview •Time Evolution of Patent Publication •Technology Breakdown of Patent Filing p.16 II – Analysis of Technology Segments p.19 •Segmentation by Type of Patent •Main IPC Classes •Main Reference Patents •Expiration of Granted Patents •Litigations •Summary of Main Assignee Patent Portfolio •Strength of Main Assignee Patent Portfolio III – Summary of Assignee Portfolio •Matrix Applicant/Memory Type •Focus On Key Players For all of them : Portfolio summary, key patents, collaborations, litigations and licenses, granted patents near expiration. p.104 p.105 p.107 IIa – FeRAM p.20 SK Hynix p.108 IIb – MRAM p.41 Samsung (+Grandis) P.109 IIc – ReRAM p.61 Toshiba p.110 IId – PCRAM p.83 SanDisk p.111 Micron Technology (+Numonyx +Elpida Memory) p.112 IBM p.113 Infineon Technologies p.114 Macronix International p.115 Everspin Technologies p.116 Cypress Semiconductor (+Ramtron International) p.117 For each memory type: •Technology Description •Time Evolution of Patent Publications •Main Patent Assignees Ranking •Main Joint Developments •Time Evolution of Top-15 Patent Assignees •Publication Countries of Top-15 Patent Assignees •Geographic Breakdown of Patent Filings •Current Legal Status of Patents •Patent Assignee IP Network Copyrights © KnowMade SARL. All rights reserved. •Discussion Emerging Non-Volatile Memories - Patent Landscape – February 2014 p.118
  • 7. Executive Summary The integration limit of flash memories is approaching, and emerging Non-Volatile Memories (eNVM) to replace conventional Flash Memories have been proposed. Ferroelectric RAMs (FeRAMs), Magnetoresistive RAMs (MRAMs), Resistive-change RAMs (ReRAMs) or Phase-Change Random-Access Memories (PCRAMs) are promising to change the memory landscape. The field of eNVM has shown an intensive patenting activity since early 1990s, with a substantial increase during the past decade. Currently, there are more than 8,600 relevant patent families filed all over the world. Patent families were filed by more than 800 patent applicants mainly located in USA, Japan, Taiwan and China. From a quantitative point of view, the most active companies are SK Hynix, Samsung, Toshiba, Micron Technology and IBM. In addition, startup firms do not file many patents and their main strategy is to license or sell their intellectual property. The patents related to MRAM technology account for more than 40% of filings. The main patent applicants are Toshiba, Samsung and Renesas Electronics which represent together almost 30% of the patents. The MRAM technology was growing between 2003-2007 with more than 50% of patents published during these years. Currently, the number of patents filed has remained stable, with about 200 patents filed per year. About 30% of patent families are related to PCRAM technology. They were mainly filed by SK Hynix and Samsung, they represent almost 40% of published patents. The PCRAM technology was increasing between 2002 and 2009, with more than 450 patent families published in 2009. Publication patents is decreasing these last 4 years, however more than 200 patents are still published every year. Patent filings will continue on PCRAM technology to further improve memory applications. The patents dedicated to FeRAM technology represent 20% of filings. They were mainly filed by SK Hynix, Samsung and Seiko Epson which represent almost 50% of published patents. FeRAM is a mature technology, and FeRAM is not an active patent field yet. Patents related to ReRAM technology account for almost 10% of new patent filings. ReRAM is the newest patented technology and the number of patent publications will continue to increase in the coming years. With over 100 patent families already filed, Samsung will play a significant role in this emerging technology development. Several players are focusing on all types of memories, alone or by joint developments. An overview is given for more than 50 companies. A focus is also realized on main 10 players (SK Hynix, Samsung, Toshiba, Micron Technology, IBM…) to summarize all the data set, such as key patents, expiring patents, acquisitions, joint developments and key industrial applications for each eNVM. Copyrights © KnowMade SARL. All rights reserved. Emerging Non-Volatile Memories - Patent Landscape – February 2014
  • 8. Companies Mentioned in this Report Adesto Technologies, Altis Semiconductor, Avalanche Technology, Beijing University, Crocus Technology, Crossbar, Cypress Semiconductor, Electronics and Telecommunications Research Institute (ETRI), Elpida Memory, Energy Conversion Devices, Everspin Technologies, Freescale Semiconductor, Fudan University, Fujitsu, Grandis, Hanyang University, Hewlett Packard, Hitachi, IBM, Industrial Technology Research Institute (ITRI), Infineon Technologies, Institute of Microelectronics (CAS), Intel, Intermolecular, Macronix International, Magic Technology, Micron Technology, Motorola, Nanya Technology, NEC, New York University, Oki Electric Industry, Olympus, Ovonyx, Panasonic, Powerchip, Promos Technologies, Qimonda, Qualcomm, Rambus, Ramtron International, Renesas Electronics, Rohm, Samsung, SanDisk, Seagate Technology, Seiko Epson, Semiconductor Manufacturing International Corporation (SMIC), Shanghai Institute (CAS), Sharp, SK Hynix, Sony, Spansion, Spin Transfer Technologies, STMicroelectronics, Symetrix, Taiwan Semiconductor Manufacturing (TSMC), TDK, Texas Instruments, Toshiba, Unity Semiconductor, Winbond Electronics Copyrights © KnowMade SARL. All rights reserved. Emerging Non-Volatile Memories - Patent Landscape – February 2014
  • 9. Type of Memories Emerging Memories Established Memories MRAM ReRAM (or RRAM) PCRAM (or PRAM, PCM) DRAM Flash NAND YES YES YES YES NO YES Endurance High (1012) High (1015) Medium (108) Medium (108) High (1015) Low (105) 2012 latest technological node produced (nm) 130 nm 130 nm R&D 45 nm 30 nm 20 nm Cell Size (cell size in F2) Large (15-20) Large/Medium (6-40) Medium (6-12) Medium (6-12) Small (6-10) Very small (4) Write speed Medium (100ns) High (10 ns) Medium (75 ns) Medium (75 ns) High (10ns) Low (10 000 ns) Power Consumption Low High/Low Low Low Low Very High Cost ($/Gb) High ($ 10 000/Gb) High ($ 1000 – 100 /Gb) R&D Medium (few $/ Gb) Low ($1/Gb) Very Low ($ 0.1/Gb) FeRAM (or FRAM) Nonvolatile From Yole Dévelopment « Emerging NVM » 2013 Report PCRAM is part of Resistive Memories. We made the choice here to separate this memory from ReRAM due to the large number of patents in PCRAM technology. Copyrights © KnowMade SARL. All rights reserved. Emerging Non-Volatile Memories - Patent Landscape – February 2014
  • 10. No. of Patent Families Time Evolution of Patent Publications 900 850 800 750 700 650 600 550 500 450 400 350 300 250 200 150 100 50 0 ReRAM KnowMade© 2014 68 MRAM 16 PCRAM IBM US3761896 (ReRAM) Energy Conversion Devices (ECD) Ovonyx EP0495494 (PCRAM) Infineon Technologies Ramtron International US4713157 (FeRAM) 1 2 2 2 1 Note Patents published until October 2013 1 7 24 106 261 FeRAM 117 4 290 295 459 IBM US5343422 (MRAM) 242 230 115 427 156 2 334 3 28 47 2 71 15 233 458 222 1 8 57 61 81 266 271 356 39 63 97 155 209 370 284 273 1 145 9 25 161 163 127 1 2 1 137 127 147 140 103 98 66 88 1 21 1 54 46 33 19 26 20 18 54 15 13 Earliest publication year of each patent family 8,661 patent families were published from 1973 to 2013 in emerging NVM technology, and 38% of them were published these last 5 years. The publication number of ReRAM patents is still increasing with more than 100 patents published every year these last 4 years. With the first patent published by IBM in 1994, the number of MRAM patent publications were maximum between 2003 and 2007 with a relative steady number of publications since 2010. The number of PCRAM patent publications, with first patent (on electrically programming memory) published by ECD and Ovonyx in 1992, is higher than 250 every year since 2006, with the highest number in 2009 (458). Most of FeRAM patents were published between 1999 and 2007 with a number of patent publications decreasing since 2008. Copyrights © KnowMade SARL. All rights reserved. Emerging Non-Volatile Memories - Patent Landscape – February 2014
  • 11. Patent Assignee IP Network FeRAM Main assignee collaboration network for patent families There are only few co-assigned patent families related to FeRAM technology. Toshiba and Infineon Technologies jointly developed FeRAM for cell phones in 2000. Qimonda is a spin-off of Infineon Technologies (spin-off of Siemens since 1999) since 2006. In 2006, Qimonda acquired more than 40 patents (mostly US) of Infineon Technologies on FeRAM technology. Toshiba co-holds some patents with Infineon Technologies or Qimonda. Note that Renesas Electronics is the merger of Renesas Technology (Joint Venture of Hitachi and Mitsubishi in 2003) and NEC Electronics (2002 spin-off of NEC) in 2010. Copyrights © KnowMade SARL. All rights reserved. Emerging Non-Volatile Memories - Patent Landscape – February 2014
  • 12. Main Reference Patents FeRAM Main reference patents for FeRAM and corresponding main citing applicants The selection of reference patents is based on both citations analysis and their impact on FeRAM technology. SYMETRIX PANASONIC NANYA TECHNOLOGY NEC SHARP FUJITSU TOSHIBA MICRON TECHNOLOGY TEXAS INSTRUMENTS CYPRESS SEMICONDUCTOR SYMETRIX COLUMBINE VENTURE FUND CROSSPOINT VENTURE II LOCKHEED NATIONAL SEMICONDUCTOR RAMTRON INTERNATIONAL1 OSCCO III SILICON VALLEY BANK WEEDEN CAPITAL US4888733 US5046043 1987 1988 RAMTRON INTERNATIONAL1 SILICON VALLEY BANK EP0278167 SK HYNIX PANASONIC TOSHIBA 1Acquired OLYMPUS SYMETRIX JPH07111318 1992 1993 INFINEON TECHNOLOGIES RAMTRON INTERNATIONAL1 US5191510 TEXAS INSTRUMENTS ROHM MICRON TECHNOLOGY INFINEON TECHNOLOGIES MICRON TECHNOLOGY QIMONDA NEC STMICROELECTRONICS SYMETRIX STMICROELECTRONICS FUJIFILM ZETTACORE ADVANCED TECHNOLOGY MATERIALS FELLOWS RESEARCH ALLIANCE WO9927581 1996 SEIKO EPSON EP1589566 1997 TOSHIBA CITIBANK JPH10275897 FREESCALE SEMICONDUCTOR KnowMade© 2014 MOTOROLA JPH09246497 MICRON TECHNOLOGY TOSHIBA FUJITSU by Cypress Semiconductor in 2012 Copyrights © KnowMade SARL. All rights reserved. 2005 Emerging Non-Volatile Memories - Patent Landscape – February 2014 SK HYNIX WO2007028150 Earliest publication date of the patent family 2006 FUJITSU WO2007116442 2008 KIM JUHAN US2010097839 SEIKO EPSON TEXAS INSTRUMENTS
  • 13. Main Patent Assignees Copyrights © KnowMade SARL. All rights reserved. Emerging Non-Volatile Memories - Patent Landscape – February 2014 MRAM
  • 14. Strength of Main Assignee Patent Portfolios A Assignee No. of patent families B C MRAM D No. of citing No. of citing patent No. of citing patent patent families / families families / year patent family (from FamPat database) (average) =B/A E F Relative Impact Strength of the Factor of the patent families patent portfolio =AxE = D / 2.7* Company A [JP] 512 3179 190.7 6.2 2.3 1164 Company B [KR] 298 2002 129.2 6.7 2.5 733 Company C [JP] 237 1369 101.4 5.8 2.1 501 Company D [JP] 184 879 45.3 4.8 1.7 322 Company E [JP] 182 961 65.5 5.3 1.9 352 Company F [US] 158 1189 73.5 7.5 2.8 435 Company G [US] 154 1743 112.5 11.3 4.1 638 Company H [DE] 148 1305 85.1 8.8 3.2 478 Company I [US] 135 2050 113.4 15.0 5.5 750 Company J [DE] 129 1075 70.1 8.3 3.1 393 Company K [US] 129 1888 104.4 14.6 5.4 691 *9,674 patent families cite the whole of the 3,542 patent families taken into account for the study, then corresponding to an average of 2.7 citing patent families per patent family. : highest value in column : lowest value in column Copyrights © KnowMade SARL. All rights reserved. Emerging Non-Volatile Memories - Patent Landscape – February 2014
  • 15. Matrix Applicant/Memory Type FeRAM PATENT APPLICANTS MRAM ReRAM PCRAM Portfolio Strength Index* No of Patent Families 47 Portfolio Strength Index* 11 No of Patent Families Portfolio Strength Index* No of Patent Families Company A [KR] 489 266 125 Company B [KR] 163 281 298 733 108 127 Company C [JP] 93 179 Company D [US] 9 513 1164 25 14 158 435 24 Company E [DE] 50 148 478 50 Company F [JP] Company G [US] 23 237 501 2 47 9 124 8 126 Company H [DE] 70 129 393 29 34 262 Company I [JP] 36 182 352 5 10 233 Company J [JP] 38 184 322 6 1 229 Company K [TW] 1 59 21 112 128 193 Company L [TW] 6 16 23 146 401 191 Company M [JP] 89 12 0 176 Company N [US] 1 4 1 160 Company O [JP] 153 2 3 0 158 Company P [JP] Company Q [US] Company R [CN] 38 5 1 68 137 0 750 1 4 5 46 5 125 153 151 131 Company S [US] 0 129 691 0 0 Company T [US] 0 0 0 118 Company U [CN] 4 11 8 Company V [FR] 8 18 0 Company W [JP] 52 15 34 0 101 Company X [TW] 1 73 4 20 98 Company Y [US] 0 2 0 85 Company Z [TW] 0 87 0 0 87 Company AA [US] 2 48 27 2 79 68 119 110 75 154 115 129 638 487 1038 No of Patent Families 17 1172 1054 645 163 80 65 676 354 84 357 330 309 270 3 267 129 43 Emerging Non-Volatile Memories - Patent Landscape – February 2014 118 1 107 75 131 960 84 * Portfolio Strength Index is only available for main patent assignees in each memory type segment. Copyrights © KnowMade SARL. All rights reserved. 537 Portfolio Strength Index* 242 Total No of Patent Families 284 101 549 87
  • 16. Samsung - Patent Portfolio Analysis Samsung Electronics – Samsung Electro Mechanics - Grandis (Acquisition in 2011) Copyrights © KnowMade SARL. All rights reserved. Emerging Non-Volatile Memories - Patent Landscape – February 2014
  • 17. Other Sample Pages Copyrights © KnowMade SARL. All rights reserved. Emerging Non-Volatile Memories - Patent Landscape – February 2014
  • 18. The Authors Dr Audrey Bastard works for Knowmade in the field of Microelectronics and Nanotechnology. She holds a PhD in Physics from National Polytechnic Institute of Grenoble, France in collaboration with STMicroelectronics, CEALeti and CEMES Toulouse. She also holds a Materials Engineering Degree from the Superior Engineering School of Luminy, Marseille, France. Dr Nicolas Baron is CEO and co-founder of Knowmade. He is leading the Microelectonics and Nanotechnology scientific and patent analysis department. He holds a PhD in Physics from the University of Nice SophiaAntipolis, plus a University Diploma in Intellectual Property Strategy and Innovation from the European Institute for Enterprise and Intellectual Property (IEEPI Strasbourg), France. About Knowmade Knowmade is specialized in analysis of patents and scientific research findings. We provide patent search, IP landscape, patent valuation, IP due diligence, FTO search, scientific literature landscape, identification of technologies available for transfer/licensing/sale, alerts and updates. Our service offer consists of custom studies, analysis reports, on-demand tracking and strategy consulting. Knowmade combines information search services, scientific expertise, powerful analytics and visualization tools, and proprietary methodologies for analyzing patents and scientific information. With a solid focus on Compound Semiconductors, LED, MEMS, Nanotechnology and Biotechnology, Knowmade supports research laboratories, industrial companies and investors in their business development. Copyrights © KnowMade SARL. All rights reserved. Emerging Non-Volatile Memories - Patent Landscape – February 2014
  • 19. Order Form Emerging Non-Volatile Memories Patent Landscape (02-2014) SHIP TO Name (Mr/Ms/Dr/Pr): ______________________________________ Job Title: ______________________________________ Company: ______________________________________ Address: ______________________________________ City: ______________________________________ State: ______________________________________ Postcode/Zip: ______________________________________ Country: ______________________________________ VAT ID Number for EU members: ______________________________________ Tel: ______________________________________ Email: ______________________________________ Date: ______________________________________ PAYMENT METHODS Check To pay your invoice using a check, please mail your check to the following address: KnowMade S.A.R.L. 2405 route des Dolines, BP 65 06902 Valbonne Sophia Antipolis FRANCE Money Transfer To pay your invoice using a bank money wire transfer please contact your bank to complete this process. Here is the information that you will need to submit the payment: Payee: KnowMade S.A.R.L. Bank: Banque populaire St Laurent du Var CAP 3000 - Quartier du lac- 06700 St Laurent du Var IBAN: FR76 1560 7000 6360 6214 5695 126 BIC/SWIFT: CCBPFRPPNCE Paypal In order to pay your invoice via PAYPAL, you must first register at www.paypal.com. Then you can send money to the KnowMade S.A.R.L. by entering our E-mail address contact@knowmade.fr as the recipient and entering the invoice amount. RETURN ORDER BY E-mail: contact@knowmade.fr Mail: KnowMade S.A.R.L. 2405 route des Dolines, BP 65 06902 Sophia Antipolis FRANCE PRODUCT ORDER Single user license EURO 2990 Corporate license EURO 3990 For price in dollars, please use the day’s exchange rate. For French customer, add 20% for VAT. All reports are delivered electronically in pdf format Signature: I hereby accept Knowmade’s Terms and Conditions of Sale Copyrights © KnowMade SARL. All rights reserved. Emerging Non-Volatile Memories - Patent Landscape – February 2014
  • 20. Terms and Conditions of Sales Definitions “Acceptance”: Action by which the Buyer accepts the terms and conditions of sale in their entirety. It is done by signing the purchase order which mentions “I hereby accept Knowmade’s Terms and Conditions of Sale”. “Buyer”: Any business user (i.e. any person acting in the course of its business activities, for its business needs) entering into the following general conditions to the exclusion of consumers acting in their personal interests. “Contracting Parties” or “Parties”: The Seller on the one hand and the Buyer on the other hand. “Intellectual Property Rights” (“IPR”) means any rights held by the Seller in its Products, including any patents, trademarks, registered models, designs, copyrights, inventions, commercial secrets and knowhow, technical information, company or trading names and any other intellectual property rights or similar in any part of the world, notwithstanding the fact that they have been registered or not and including any pending registration of one of the above mentioned rights. “License”: For the reports and databases, 2 different licenses are proposed. The buyer has to choose one license: 1. Single user license: a single individual at the company can use the report. 2. Corporate license: the report can be used by unlimited users within the company. Subsidiaries are not included. “Products”: Reports are established in PowerPoint and delivered on a PDF format and the database may include Excel files. “Seller”: Based in Sophia Antipolis (France headquarters), Knowmade is a technology intelligence company specialized in the research and analysis of scientific and technical information. We provide patent landscapes and scientific state of the art with high added value to businesses and research laboratories. Our intelligence digests play a key role to define your innovation and development strategy. 1. Scope 1.1 The Contracting Parties undertake to observe the following general conditions when agreed by the Buyer and the Seller. ANY ADDITIONAL, DIFFERENT, OR CONFLICTING TERMS AND CONDITIONS IN ANY OTHER DOCUMENTS ISSUED BY THE BUYER AT ANY TIME ARE HEREBY OBJECTED TO BY THE SELLER, SHALL BE WHOLLY INAPPLICABLE TO ANY SALE MADE HEREUNDER AND SHALL NOT BE BINDING IN ANY WAY ON THE SELLER. 1.2 This agreement becomes valid and enforceable between the Contracting Parties after clear and non-equivocal consent by any duly authorized person representing the Buyer. For these purposes, the Buyer accepts these conditions of sales when signing the purchase order which mentions “I hereby accept Knowmade’s Terms and Conditions of Sale”. This results in acceptance by the Buyer. 1.3 Orders are deemed to be accepted only upon written acceptance and confirmation by the Seller, within [7 days] from the date of order, to be sent either by email or to the Buyer’s address. In the absence of any confirmation in writing, orders shall be deemed to have been accepted. 2. Mailing of the Products 2.1 Products are sent by email to the Buyer: - within [1] month from the order for Products already released; or - within a reasonable time for Products ordered prior to their effective release. In this case, the Seller shall use its best endeavours to inform the Buyer of an indicative release date and the evolution of the work in progress. 2.2 Some weeks prior to the release date the Seller can propose a pre-release discount to the Buyer. The Seller shall by no means be responsible for any delay in respect of article 2.2 above, and including in cases where a new event or access to new contradictory information would require for the analyst extra time to compute or compare the data in order to enable the Seller to deliver a high quality Products. 2.3 The mailing of the Product will occur only upon payment by the Buyer, in accordance with the conditions contained in article 3. 2.4 The mailing is operated through electronic means either by email via the sales department. If the Product’s electronic delivery format is defective, the Seller undertakes to replace it at no charge to the Buyer provided that it is informed of the defective formatting within 90 days from the date of the original download or receipt of the Product. 2.5 The person receiving the Products on behalf of the Buyer shall immediately verify the quality of the Products and their conformity to the order. Any claim for apparent defects or for non-conformity shall be sent in writing to the Seller within 8 days of receipt of the Products. For this purpose, the Buyer agrees to produce sufficient evidence of such defects. 2.6 No return of Products shall be accepted without prior information to the Seller, even in case of delayed delivery. Any Product returned to the Seller without providing prior information to the Seller as required under article 2.5 shall remain at the Buyer’s risk. Copyrights © KnowMade SARL. All rights reserved. Emerging Non-Volatile Memories - Patent Landscape – February 2014
  • 21. Terms and Conditions of Sales 3. Price, invoicing and payment 3.1 Prices are given in the orders corresponding to each Product sold on a unit basis or corresponding to annual subscriptions. They are expressed to be inclusive of all taxes. The prices may be reevaluated from time to time. The effective price is deemed to be the one applicable at the time of the order. 3.2 Payments due by the Buyer shall be sent by cheque payable to Knowmade, PayPal or by electronic transfer to the following account: Banque populaire St Laurent du Var CAP 3000 - Quartier du lac- 06700 St Laurent du Var BIC or SWIFT code: CCBPFRPPNCE IBAN: : FR76 1560 7000 6360 6214 5695 126 To ensure the payments, the Seller reserves the right to request down payments from the Buyer. In this case, the need of down payments will be mentioned on the order. 3.3 Payment is due by the Buyer to the Seller within 30 days from invoice date, except in the case of a particular written agreement. If the Buyer fails to pay within this time and fails to contact the Seller, the latter shall be entitled to invoice interest in arrears based on the annual rate Refi of the «BCE» + 7 points, in accordance with article L. 441-6 of the French Commercial Code. Our publications (report, database, tool...) are delivered only after reception of the payment. 3.4 In the event of termination of the contract, or of misconduct, during the contract, the Seller will have the right to invoice at the stage in progress, and to take legal action for damages. 4. Liabilities 4.1 The Buyer or any other individual or legal person acting on its behalf, being a business user buying the Products for its business activities, shall be solely responsible for choosing the Products and for the use and interpretations he makes of the documents it purchases, of the results he obtains, and of the advice and acts it deduces thereof. 4.2 The Seller shall only be liable for (i) direct and (ii) foreseeable pecuniary loss, caused by the Products or arising from a material breach of this agreement 4.3 In no event shall the Seller be liable for: a) damages of any kind, including without limitation, incidental or consequential damages (including, but not limited to, damages for loss of profits, business interruption and loss of programs or information) arising out of the use of or inability to use the Seller’s website or the Products, or any information provided on the website, or in the Products; b) any claim attributable to errors, omissions or other inaccuracies in the Product or interpretations thereof. 4.4 All the information contained in the Products has been obtained from sources believed to be reliable. The Seller does not warrant the accuracy, completeness adequacy or reliability of such information, which cannot be guaranteed to be free from errors. 4.5 All the Products that the Seller sells may, upon prior notice to the Buyer from time to time be modified by or substituted with similar Products meeting the needs of the Buyer. This modification shall not lead to the liability of the Seller, provided that the Seller ensures the substituted Product is similar to the Product initially ordered. 4.6 In the case where, after inspection, it is acknowledged that the Products contain defects, the Seller undertakes to replace the defective products as far as the supplies allow and without indemnities or compensation of any kind for labor costs, delays, loss caused or any other reason. The replacement is guaranteed for a maximum of two months starting from the delivery date. Any replacement is excluded for any event as set out in article 5 below. 4.7 The deadlines that the Seller is asked to state for the mailing of the Products are given for information only and are not guaranteed. If such deadlines are not met, it shall not lead to any damages or cancellation of the orders, except for non-acceptable delays exceeding [4] months from the stated deadline, without information from the Seller. In such case only, the Buyer shall be entitled to ask for a reimbursement of its first down payment to the exclusion of any further damages. 4.8 The Seller does not make any warranties, express or implied, including, without limitation, those of saleability and fitness for a particular purpose, with respect to the Products. Although the Seller shall take reasonable steps to screen Products for infection of viruses, worms, Trojan horses or other codes containing contaminating or destructive properties before making the Products available, the Seller cannot guarantee that any Product will be free from infection. 5. Force majeure The Seller shall not be liable for any delay in performance directly or indirectly caused by or resulting from acts of nature, fire, flood, accident, riot, war, government intervention, embargoes, strikes, labor difficulties, equipment failure, late deliveries by suppliers or other difficulties which are beyond the control, and not the fault of the Seller. Copyrights © KnowMade SARL. All rights reserved. Emerging Non-Volatile Memories - Patent Landscape – February 2014
  • 22. Terms and Conditions of Sales 6. Protection of the Seller’s IPR 6.1 All the IPR attached to the Products are and remain the property of the Seller and are protected under French and international copyright law and conventions. 6.2 The Buyer agreed not to disclose, copy, reproduce, redistribute, resell or publish the Product, or any part of it to any other party other than employees of its company. The Buyer shall have the right to use the Products solely for its own internal information purposes. In particular, the Buyer shall therefore not use the Product for purposes such as: - Information storage and retrieval systems; - Recordings and re-transmittals over any network (including any local area network); - use in any timesharing, service bureau, bulletin board or similar arrangement or public display; - Posting any Product to any other online service (including bulletin boards or the Internet); - Licensing, leasing, selling, offering for sale or assigning the Product. 6.3 The Buyer shall be solely responsible towards the Seller of all infringements of this obligation, whether this infringement comes from its employees or any person to whom the Buyer has sent the Products and shall personally take care of any related proceedings, and the Buyer shall bear related financial consequences in their entirety. 6.4 The Buyer shall define within its company point of contact for the needs of the contract. This person will be the recipient of each new report in PDF format. This person shall also be responsible for respect of the copyrights and will guaranty that the Products are not disseminated out of the company. 7. Termination 7.1 If the Buyer cancels the order in whole or in part or postpones the date of mailing, the Buyer shall indemnify the Seller for the entire costs that have been incurred as at the date of notification by the Buyer of such delay or cancellation. This may also apply for any other direct or indirect consequential loss that may be borne by the Seller, following this decision. 7.2 In the event of breach by one Party under these conditions or the order, the non-breaching Party may send a notification to the other by recorded delivery letter upon which, after a period of thirty (30) days without solving the problem, the non-breaching Party shall be entitled to terminate all the pending orders, without being liable for any compensation. 8. Miscellaneous All the provisions of these Terms and Conditions are for the benefit of the Seller itself, but also for its licensors, employees and agents. Each of them is entitled to assert and enforce those provisions against the Buyer. Any notices under these Terms and Conditions shall be given in writing. They shall be effective upon receipt by the other Party. The Seller may, from time to time, update these Terms and Conditions and the Buyer, is deemed to have accepted the latest version of these terms and conditions, provided they have been communicated to him in due time. 9. Governing law and jurisdiction 9.1 Any dispute arising out or linked to these Terms and Conditions or to any contract (orders) entered into in application of these Terms and Conditions shall be settled by the French Commercial Courts of Grasse, which shall have exclusive jurisdiction upon such issues. 9.2 French law shall govern the relation between the Buyer and the Seller, in accordance with these Terms and Conditions. Copyrights © KnowMade SARL. All rights reserved. Emerging Non-Volatile Memories - Patent Landscape – February 2014