Surfx Tech LLC v. Ontos Equipment Systems Inc

I. Executive Summary and Procedural Information

• Parties & Counsel:
  • Plaintiff: Surfx Technologies, LLC (California)
  • Defendant: ONTOS Equipment Systems, Inc. (New Hampshire) and SET North America, LLC (New Hampshire)
  • Plaintiff's Counsel: Sheehan Phinney Bass & Green, P.A.; Pillsbury Winthrop Shaw Pittman LLP
• Case Identification: Surfx Technologies, LLC v. ONTOS Equipment Systems, Inc., 1:26-cv-00452, D.N.H., 06/02/2026
• Venue Allegations: Venue is alleged to be proper in the District of New Hampshire as both Defendants are New Hampshire corporations and therefore reside in the district. The complaint also alleges that Defendants regularly conduct business and have committed infringing acts within the district.
• Core Dispute: Plaintiff alleges that Defendants' atmospheric plasma systems for industrial surface treatment infringe four patents related to generating and using stable, low-temperature argon and helium plasmas.
• Technical Context: The technology involves generating plasma at atmospheric pressure for cleaning, activating, and treating surfaces, a critical step in high-value manufacturing sectors like semiconductors and aerospace.
• Key Procedural History: The complaint alleges that all four Patents-in-Suit are related and share substantially the same specification. Plaintiff alleges Defendants had actual or constructive knowledge of the patents, citing an International Search Report from 2018 that identified the parent '485 Patent, the citation of the '485 Patent as prior art during the prosecution of a patent assigned to Defendant ONTOS, a meeting between the parties' executives in 2023, and a formal notice letter sent in 2023. The complaint also alleges Plaintiff has complied with patent marking requirements.

Case Timeline

Date	Event
2013-12-18	Priority Date for '485, '609, '092, and '082 Patents
2016-08-02	U.S. Patent No. 9,406,485 Issues
2018-01-26	International Search Report cites '485 Patent, alleged date of actual knowledge
2018-07-24	U.S. Patent No. 10,032,609 Issues
2019-02-19	Plaintiff alleges start of virtual marking for '485 and '609 Patents
2020-06-02	Defendant ONTOS's U.S. Patent No. 10,672,594 issues, citing '485 Patent
2020-10-13	U.S. Patent No. 10,800,092 Issues
2022-12-06	U.S. Patent No. 11,518,082 Issues
2023-05-31	Meeting alleged between Plaintiff's President and Defendant's CEO
2023-06-01	Plaintiff alleges start of physical marking for all Patents-in-Suit
2023-09-03	Plaintiff alleges start of virtual marking for '092 and '082 Patents
2023-09-13	Plaintiff sends formal notice letter to Defendant ONTOS
2026-06-02	Complaint Filed

II. Technology and Patent(s)-in-Suit Analysis

U.S. Patent No. 9,406,485 - "Argon and Helium Plasma Apparatus and Methods"

• Patent Identification: U.S. Patent No. 9,406,485, "Argon and Helium Plasma Apparatus and Methods", issued August 2, 2016.

The Invention Explained

• Problem Addressed: The patent addresses the difficulty of generating stable, low-temperature argon plasmas at atmospheric pressure Compl. ¶¶16-17 Such plasmas are prone to instability and can transition into high-temperature thermal arcs, which are unsuitable for treating thermally sensitive materials '485 Patent, col. 3:21-39
• The Patented Solution: The invention is an apparatus that stabilizes the atmospheric plasma by establishing a laminar gas flow before ionization and by heating at least one of the electrodes '485 Patent, abstract The heating, which is described as enabling stable operation where the plasma would otherwise extinguish or arc, is a key feature for controlling the plasma characteristics '485 Patent, col. 5:14-36
• Technical Importance: This approach enables the use of argon, a more cost-effective gas than helium, for atmospheric pressure plasma treatments in industrial settings, expanding the technology's applicability.

Key Claims at a Glance

• The complaint asserts independent apparatus claim 1 and method claim 13, among others Compl. ¶49
• Independent Claim 1 (apparatus) includes these essential elements:
  • A housing with an inlet for argon or helium gas, an outlet for plasma, and a flow path to make the gas flow laminar.
  • A power electrode within the housing with a surface exposed to the laminar gas flow.
  • A ground electrode adjacent to the power electrode, with a surface closely spaced from the power electrode surface, with the laminar gas flow directed between them.
  • A power supply for delivering radio frequency power to ionize the gas and produce plasma.
  • A heater for heating at least one of the electrodes as the gas flows between them.
• The complaint reserves the right to assert additional claims Compl. ¶49

U.S. Patent No. 10,032,609 - "Low Temperature Atmospheric Pressure Plasma Applications"

• Patent Identification: U.S. Patent No. 10,032,609, "Low Temperature Atmospheric Pressure Plasma Applications", issued July 24, 2018.

The Invention Explained

• Problem Addressed: The patent background describes the need for effective, low-temperature, atmospheric-pressure plasma processes for applications like surface cleaning, activation, etching, and deposition, which are limited by conventional vacuum-based or unstable atmospheric systems '609 Patent, col. 1:21 - col. 4:14
• The Patented Solution: The invention provides a method of using the stabilized atmospheric plasma technology. The claimed method comprises directing a laminar gas flow between heated electrodes to generate reactive neutral species and then directing those species from the housing outlet onto a material surface that is external to the electrode gap '609 Patent, abstract '609 Patent, col. 6:1-31
• Technical Importance: The patent defines specific methods for industrial applications that leverage the stable, low-temperature plasma, focusing on how the generated reactive species are applied to a target surface.

Key Claims at a Glance

• The complaint asserts independent claim 1, among others Compl. ¶61
• Independent Claim 1 (method) includes these essential steps:
  • Directing a gas flow (helium or argon plus molecular gases) from an inlet through a laminar flow path.
  • Directing the laminar gas flow between a powered electrode surface and a closely spaced grounded electrode surface.
  • Delivering radio frequency power to ionize the gas and produce plasma.
  • Heating at least one of the electrodes as the gas flows between them.
  • Directing the generated reactive neutral species from the housing outlet to a material surface that is not between the electrodes.
• The complaint reserves the right to assert additional claims Compl. ¶61

U.S. Patent No. 10,800,092 - "Low Temperature Atmospheric Pressure Plasma for Cleaning and Activating Metals"

• Patent Identification: U.S. Patent No. 10,800,092, "Low Temperature Atmospheric Pressure Plasma for Cleaning and Activating Metals", issued October 13, 2020.
• Technology Synopsis: The '092 Patent discloses a method specifically for cleaning and activating metal surfaces. It describes using the atmospheric plasma technology to generate reactive species that are directed onto a metal surface to remove contaminants, including using hydrogen-containing plasma to reduce metal oxides '092 Patent, abstract
• Asserted Claims: Independent claim 1, among others Compl. ¶71
• Accused Features: The complaint alleges that Defendants' use of the Accused Products to clean and activate metal surfaces infringes the methods claimed in the '092 Patent Compl. ¶71

U.S. Patent No. 11,518,082 - "Low Temperature Atmospheric Pressure Plasma for Cleaning and Activating Metals"

• Patent Identification: U.S. Patent No. 11,518,082, "Low Temperature Atmospheric Pressure Plasma for Cleaning and Activating Metals", issued December 6, 2022.
• Technology Synopsis: The '082 Patent claims a method of producing an atmospheric pressure plasma that includes the specific step of circulating a fluid through a hollow space in at least one of the electrodes. This fluid circulation is used to maintain a uniform temperature across the housing, which is a specific implementation of the heating/temperature control concept central to the patent family '082 Patent, abstract
• Asserted Claims: Independent claim 1, among others Compl. ¶81
• Accused Features: The complaint alleges that Defendants' products practice the claimed method by using a fluid to control "head temperature," which allegedly maintains a uniform temperature across the housing Compl. ¶81 Compl. Ex. 8, p. 10

III. The Accused Instrumentality

• Product Identification: The Accused Products are identified as the "OntosIS (OEM) Atmospheric Plasma System," "ONTOS CLEAN," and products sold with an infringing ONTOSIS system, such as the "FC300 Flip-Chip Bonder" Compl. ¶46
• Functionality and Market Context: The complaint alleges that the Accused Products are atmospheric plasma systems that generate a "high density stream of reactive gas radicals" at atmospheric pressure and low temperature (<100°C) Compl. Ex. 6, p. 2 Compl. Ex. 8, p. 3 This stream of "neutral but highly reactive radicals" is directed onto a substrate to chemically modify its surface Compl. Ex. 8, p. 3 The complaint asserts that Defendants market these systems for applications in semiconductor manufacturing and industrial surface treatment, where they directly compete with Plaintiff Surfx (Compl. ¶¶19; Compl. ¶42). The complaint includes a diagram from Defendants' materials showing a cross-section of the plasma head, which depicts a contained plasma zone between RF and ground electrodes. Compl. Ex. 8, p. 2

IV. Analysis of Infringement Allegations

U.S. Patent No. 9,406,485 Infringement Allegations

Claim Element (from Independent Claim 1)	Alleged Infringing Functionality	Complaint Citation	Patent Citation
a housing having an inlet for gas flow comprising argon or helium and one or more molecular gases, an outlet for plasma comprising reactive neutral species, and a flow path within the housing for directing the gas flow to become laminar;	The Accused Products comprise a housing with an inlet ("Process Gas In") for gas flow including helium or argon, an outlet ("Aperture"), and a flow path for the gas to become a "laminar flow."	¶50; Compl. Ex. 5, p. 4	col. 9:1-11
a power electrode disposed within the housing having a power electrode surface exposed to the laminar gas flow;	The Accused Products include a power electrode ("RF Electrode") with a surface exposed to the laminar gas flow.	¶50; Compl. Ex. 5, p. 9	col. 9:12-14
a ground electrode disposed adjacent to the power electrode such that a ground electrode surface is closely spaced from the power electrode surface and the laminar gas flow is directed therebetween;	The Accused Products include a ground electrode ("Ground Electrode") closely spaced from the RF electrode, with the gas flow directed between them.	¶50; Compl. Ex. 5, p. 9	col. 9:15-21
a power supply for delivering radio frequency power coupled to the power electrode and the ground electrode to ionize the laminar gas flow and produce the plasma comprising the reactive neutral species; and	The Accused Products include a power supply delivering RF power ("13.56 MHz ~80W") to the electrodes to ionize the laminar flow and produce the plasma.	¶50; Compl. Ex. 5, p. 10	col. 9:22-27
a heater for heating at least one of the power electrode and the ground electrode as the laminar gas flow is directed between the power electrode surface and the ground electrode surface.	The Accused Products include a heating component that provides for "head temperature" control, which allegedly heats at least one of the electrodes as the laminar gas flow passes between them.	¶50; Compl. Ex. 5, p. 12	col. 9:28-33

U.S. Patent No. 10,032,609 Infringement Allegations

Claim Element (from Independent Claim 1)	Alleged Infringing Functionality	Complaint Citation	Patent Citation
directing gas flow comprising helium or argon and one or more molecular gases from an inlet through a laminar flow path forming a laminar gas flow within a housing to an outlet for plasma comprising reactive neutral species;	Defendants' use of the Accused Products comprises directing gas flow (helium or argon) through a path to form a "laminar flow" within a housing to an outlet for plasma.	¶62; Compl. Ex. 6, p. 2	col. 6:2-7
directing the laminar gas flow within the housing between the surface of a powered electrode and the surface of a grounded electrode...;	The method involves directing the "laminar flow" within the housing between the powered "RF Electrode" and the "Ground Electrode."	¶62; Compl. Ex. 6, p. 6	col. 6:8-12
delivering radio frequency power coupled to the powered electrode and the grounded electrode from a power supply to ionize species in the laminar gas flow...;	The method involves delivering RF power to the electrodes to ionize the laminar flow and produce the plasma comprising reactive neutral species.	¶62; Compl. Ex. 6, p. 7	col. 6:13-17
heating at least one of the powered electrode and the grounded electrode as the laminar gas flow is directed between the powered electrode surface and the grounded electrode surface; and	The method includes heating at least one of the electrodes via "head temperature" control as the gas flow is directed between them.	¶62; Compl. Ex. 6, p. 9	col. 6:18-22
directing the generated reactive neutral species from the outlet of the housing to a material surface that is not between the grounded electrode surface and the powered electrode surface.	The method comprises directing the generated "stream of neutral but highly reactive radicals" from the outlet ("aperture") to an external material surface ("Substrate").	¶62; Compl. Ex. 6, p. 10	col. 6:23-27

• Identified Points of Contention:
  • Scope Questions: The claims in the asserted patents recite a "heater" or the step of "heating" one or more electrodes. The complaint points to a "head temperature" control feature in Defendants' product literature Compl. Ex. 8, p. 10 This raises the question of whether a general temperature control system, which may involve both heating and cooling to maintain a setpoint, falls within the scope of a "heater" whose purpose in the patent is to enable stable plasma operation at elevated temperatures.
  • Technical Questions: A key technical question will be one of functional purpose: does the accused products' "head temperature" control system perform the specific claim-required function of heating the electrodes to stabilize the plasma discharge, as taught by the patents, or does it serve a different, more general thermal management role that is technically distinct from the patented invention?

V. Key Claim Terms for Construction

• The Term: "laminar" (referring to gas flow)

• Context and Importance: The patents teach that establishing a laminar gas flow before ionization is a key aspect of achieving a stable, uniform plasma '485 Patent, col. 5:14-19 The infringement analysis will depend heavily on whether the gas flow in the Accused Products meets the definition of "laminar" as used in the patents.

• Intrinsic Evidence for Interpretation:

  • Evidence for a Broader Interpretation: The specification does not provide a quantitative definition (e.g., a Reynolds number) for "laminar." It functionally describes the flow as one that avoids turbulence and recirculation, which may support a broader construction based on the resulting effect rather than a specific flow regime '609 Patent, col. 13:6-23
  • Evidence for a Narrower Interpretation: The patents disclose specific embodiments using a "laminar flow insert" with a particular geometry to create the desired flow path '485 Patent, col. 10:1-12 A party could argue that "laminar" should be construed in light of these specific structures, potentially narrowing the term to flows created by similar means.

• The Term: "heater for heating" / "heating" (at least one of the electrodes)

• Context and Importance: The act of heating the electrodes is presented as a critical and counterintuitive solution to the problem of argon plasma instability '485 Patent, abstract '609 Patent, col. 13:8-14 Whether the Defendants' "head temperature" control constitutes "heating" for the claimed purpose will be a central point of dispute.

• Intrinsic Evidence for Interpretation:

  • Evidence for a Broader Interpretation: The patents describe the function of heating as enabling stable operation where the plasma would otherwise be unstable '609 Patent, abstract Any component that adds thermal energy to achieve this functional result could be construed as a "heater." The specification describes multiple embodiments, including circulating heated liquid, suggesting the term is not limited to a single type of component '485 Patent, col. 9:34-42
  • Evidence for a Narrower Interpretation: The term "heater" may imply a component whose primary function is to generate and apply heat, rather than a system that also cools to maintain a temperature. A party might argue that if the accused system's primary function is merely to maintain a thermal setpoint, it does not meet the "heating" limitation, which is explicitly tied in the patent to overcoming plasma instability at lower temperatures '485 Patent, col. 13:8-14

VI. Other Allegations

• Indirect Infringement: The complaint alleges Defendants induce infringement by providing "brochures, presentations and promotional literature" that instruct customers on how to use the Accused Products in a manner that allegedly infringes the asserted claims Compl. ¶53 Compl. ¶65 Compl. ¶75 Compl. ¶85 The complaint also alleges contributory infringement, stating that the accused components are material to the invention, are not staple articles of commerce, and have no substantial non-infringing use Compl. ¶54 Compl. ¶66 Compl. ¶76 Compl. ¶86
• Willful Infringement: The complaint alleges that Defendants had knowledge of the patent family since at least January 26, 2018, based on an International Search Report issued during prosecution of a related application filed by ONTOS Compl. ¶40 It further alleges knowledge based on Defendants citing the '485 patent as prior art, a meeting between executives, and a formal notice letter sent in September 2023 Compl. ¶¶40-41 The complaint alleges that infringement has been and continues to be willful and deliberate despite this knowledge Compl. ¶59 Compl. ¶69 Compl. ¶79 Compl. ¶89

VII. Analyst's Conclusion: Key Questions for the Case

• A central issue will be one of functional equivalence: does the Defendants' "head temperature" control system, which appears to provide general thermal management, perform the specific function of the claimed "heater"-actively heating the electrodes to stabilize the plasma discharge-or is there a fundamental mismatch in technical operation and purpose?
• The case will also likely turn on a definitional scope question: can the term "laminar gas flow", which the patents teach is established via specific flow inserts, be construed to cover the gas flow dynamics within the accused systems, and what level of evidence will be required to prove the nature of that flow?
• An evidentiary question will be the impact of the pre-suit knowledge allegations. The complaint details multiple instances of alleged notice, including Defendants' citation to the '485 patent in their own prosecution, which will be a focal point for the claims of willful infringement.