Case 5:20-cv-09341-EJD Document 138-14 Filed 03/18/22 Page 1 of 9
`Case 5:20-cv-09341-EJD Document 138-14 Filed 03/18/22 Page 1 of 9
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`EXHIBIT 11
`EXHIBIT 11
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`Case 5:20-cv-09341-EJD Document 138-14 Filed 03/18/22 Page 2 of 9
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
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`DEMARAY LLC,
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`
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`Plaintiff
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`v.
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`INTEL CORPORATION,
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`Defendant.
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`
`
`
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`DEMARAY LLC,
`
`Plaintiff
`
`v.
`
`Case No. 6:20-cv-00634-ADA
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`JURY TRIAL DEMANDED
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`
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`
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`SAMSUNG ELECTRONICS CO., LTD (A
`KOREAN COMPANY), SAMSUNG
`ELECTRONICS AMERICA, INC.,
`SAMSUNG SEMICONDUCTOR, INC.,
`and SAMSUNG AUSTIN
`SEMICONDUCTOR, LLC,
`
`Defendants.
`
`Case No. 6:20-cv-00636-ADA
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`JURY TRIAL DEMANDED
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`PLAINTIFF DEMARAY LLC’S DISCLOSURE OF EXTRINSIC EVIDENCE
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`10906703
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`Case 5:20-cv-09341-EJD Document 138-14 Filed 03/18/22 Page 3 of 9
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`Pursuant to the Court’s scheduling order, Plaintiff Demaray LLC (“Demaray”) hereby
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`provides its disclosure of extrinsic evidence that Demaray may rely on for its claim construction
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`positions for U.S. Patent Nos. 7,544,276 and 7,381,657 (the “Demaray Patents”). These
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`disclosures are solely for purposes of the parties’ meet-and-confer process. Demaray reserves its
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`right to add, remove, or modify any of its proposed constructions and claim construction positions
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`based on any disclosures made by the above-captioned Defendants (collectively, “Defendants”) or
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`as a result of the parties’ further discussions.
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`Demaray reserves its right to rely on any and all intrinsic evidence in support of its claim
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`construction positions. Demaray also reserves its right to add or remove citations to any extrinsic
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`evidence based on any disclosures made by Defendants or as a result of the parties’ further
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`discussions. Demaray further reserves its right to rely on any extrinsic evidence cited by
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`Defendants or as needed to rebut Defendants’ proposed constructions or evidence.
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`I.
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`DISCLOSURE OF EXTRINSIC EVIDENCE
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`Demaray may rely on the expert testimony of Dr. Alexander D. Glew. Dr. Glew is
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`expected to testify regarding why Demaray’s proposed constructions are consistent with how one
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`of ordinary skill in the art would understand the disputed terms in the context of the patents in
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`which they appear and why Defendants’ constructions are not consistent with how one of
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`ordinary skill in the art would understand the term in the context of the Demaray Patents. In
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`particular, Dr. Glew may offer testimony regarding the underlying technology of the Demaray
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`Patents, including, but not limited to, the process of depositing thin films using physical vapor
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`deposition, potential problems associated with depositing thin films, how the Demaray Patents
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`address such problems, how a person of ordinary skill in the art would understand the claim
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`terms in that context, and how a person of ordinary skill in the art would not understand
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`Defendants’ proposed constructions to be correct in that context. Demaray may also rely on John
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`E. Mahan, Physical Vapor Deposition of Thin Films (2000), for background information. In
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`addition, Demaray may also rely on the following additional extrinsic evidence:
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`10906703
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`Case 5:20-cv-09341-EJD Document 138-14 Filed 03/18/22 Page 4 of 9
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`Proposed Terms
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`Proposed Constructions
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`Extrinsic Evidence
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`“substrate”
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`Plain and ordinary meaning
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`or
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`“material that provides the
`surface on which something is
`deposited or inscribed, for
`example a silicon wafer used to
`manufacture integrated
`circuits”
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`“pulsed DC power supply”
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`“pulsed DC power”
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`Plain and ordinary meaning
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`or
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`“supply for providing direct
`current power that oscillates
`between positive and negative
`voltages”
`Plain and ordinary meaning
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`or
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`10906703
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`Expert testimony of Dr.
`Glew regarding how a
`person of ordinary skill in
`the art would understand
`the term “substrate,”
`including technical
`background concerning
`the claim term and what
`one of ordinary skill in
`the art would understand
`the claim term to mean in
`view of the patent
`disclosure, the
`prosecution history,
`and/or the extrinsic
`evidence.
`
`substrate (The New
`Oxford American
`Dictionary, 2001): “a
`substance or layer that
`underlies something, or
`on which some process
`occurs, in particular: … a
`material that provides the
`surface on which
`something is deposited or
`inscribed, for example the
`silicon wafer used to
`manufacture integrated
`circuits”
`See Extrinsic Evidence
`for “pulsed DC power,”
`cited infra.
`
`
`Expert testimony of Dr.
`Glew regarding how a
`person of ordinary skill in
`the art would understand
`the term “pulsed DC
`power [supply],”
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`Case 5:20-cv-09341-EJD Document 138-14 Filed 03/18/22 Page 5 of 9
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`“direct current power that
`oscillates between positive and
`negative voltages”
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`“narrow band-rejection filter”
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`Plain and ordinary meaning
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`or
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`“filter that passes all of the
`frequencies of the power
`supply except within a narrow
`band”
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`10906703
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`including technical
`background concerning
`the claim term and what
`one of ordinary skill in
`the art would understand
`the claim term to mean in
`view of the patent
`disclosure, the
`prosecution history,
`and/or the extrinsic
`evidence.
`pulse (Modern Dictionary
`of Electronics (7th ed.):
`“1. A variation of a
`quantity whose value is
`normally constant; this
`variation is characterized
`by a rise and a decay and
`has finite amplitude and
`duration. 2. An abrupt
`change in voltage, either
`positive or negative, that
`conveys information to a
`circuit. See also impulse.
`3. A brief excursion of a
`quantity from normal. 4.
`Signal characterized by
`the rise and decay in time
`of a quantity whose value
`is normally constant. 7. A
`sudden and abrupt jump
`in an electrical quantity
`from its usual level to a
`higher or lower value,
`quickly followed by an
`equally abrupt return. ”
`
`Expert testimony of Dr.
`Glew regarding how a
`person of ordinary skill in
`the art would understand
`the term “narrow band-
`rejection filter,” including
`technical background
`concerning the claim term
`and what one of ordinary
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`Case 5:20-cv-09341-EJD Document 138-14 Filed 03/18/22 Page 6 of 9
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`skill in the art would
`understand the claim term
`to mean in view of the
`patent disclosure, the
`prosecution history,
`and/or the extrinsic
`evidence.
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`narrowband (The New
`Oxford American
`Dictionary, 2001): “of or
`involving signals over a
`narrow range of
`frequencies”
`Expert testimony of Dr.
`Glew regarding how a
`person of ordinary skill in
`the art would understand
`the term “corresponds
`to,” including technical
`background concerning
`the claim term and what
`one of ordinary skill in
`the art would understand
`the claim term to mean in
`view of the patent
`disclosure, the
`prosecution history,
`and/or the extrinsic
`evidence.
`correspond (The
`American Heritage
`Dictionary of the English
`Language, 4th ed.): “1.
`To be in agreement,
`harmony, or conformity.
`2. To be similar or
`equivalent in character,
`quantity, origin, structure,
`or function”
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`correspond (The New
`Oxford American
`Dictionary, 2001): “have
`a close similarity; match
`or agree almost exactly”
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`“corresponds to”
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`Plain and ordinary meaning
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`10906703
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`Case 5:20-cv-09341-EJD Document 138-14 Filed 03/18/22 Page 7 of 9
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`correspond (Webster’s
`Third New International
`Dictionary): “1a: to be in
`conformity or agreement :
`… match or compare
`closely”
`Expert testimony of Dr.
`Glew regarding how a
`person of ordinary skill in
`the art would understand
`the term “rejects at,”
`including technical
`background concerning
`the claim term and what
`one of ordinary skill in
`the art would understand
`the claim term to mean in
`view of the patent
`disclosure, the
`prosecution history,
`and/or the extrinsic
`evidence.
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`reject (Webster’s Third
`New International
`Dictionary): “one that is
`or has been rejected: as a
`: one rejected as not
`wanted, unsatisfactory, or
`not fulfilling standard
`requirements”
`
`reject (The New Oxford
`American Dictionary,
`2001): “a person or thing
`dismissed as failing to
`meet standards or satisfy
`tastes”
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`Expert testimony of Dr.
`Glew regarding how a
`person of ordinary skill in
`the art would understand
`the term “operating at,”
`including technical
`background concerning
`the claim term and what
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`“rejects at”
`
`Plain and ordinary meaning
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`“operating at”
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`Plain and ordinary meaning
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`10906703
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`Case 5:20-cv-09341-EJD Document 138-14 Filed 03/18/22 Page 8 of 9
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`one of ordinary skill in
`the art would understand
`the claim term to mean in
`view of the patent
`disclosure, the
`prosecution history,
`and/or the extrinsic
`evidence.
`operate (The American
`Heritage Dictionary of
`the English Language, 4th
`ed.): “1. To perform a
`function; work … 3a. To
`exert an influence: forces
`operating on the
`economy. B. To produce a
`desired or proper effect: a
`drug that operates
`quickly.”
`operate (The New Oxford
`American Dictionary,
`2001): “(of a machine,
`process, or system)
`function in a specific
`manner”
`Expert testimony of Dr.
`Glew regarding how a
`person of ordinary skill in
`the art would understand
`the term “reconditioning
`the target,” including
`technical background
`concerning the claim term
`and what one of ordinary
`skill in the art would
`understand the claim term
`to mean in view of the
`patent disclosure, the
`prosecution history,
`and/or the extrinsic
`evidence.
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`reconditioning (McGraw-
`Hills Electronics
`Dictionary, 4th ed. & 6th
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`“reconditioning the target”
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`Plain and ordinary meaning
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`or
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`“cleaning and conditioning the
`target”
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`10906703
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`Case 5:20-cv-09341-EJD Document 138-14 Filed 03/18/22 Page 9 of 9
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`“metallic mode”
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`“mode of operation in which
`the surface of the target is
`substantially metallic”
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`“poison mode”
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`“mode of operation in which
`the rate of the thin film
`formation on the surface of the
`target equals or exceeds the rate
`of sputter removal of the
`surface of the target”
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`ed.): “Restoration of an
`object to a good
`condition”
`
`Expert testimony of Dr.
`Glew regarding how a
`person of ordinary skill in
`the art would understand
`the term “metallic mode,”
`including technical
`background concerning
`the claim term and what
`one of ordinary skill in
`the art would understand
`the claim term to mean in
`view of the patent
`disclosure, the
`prosecution history,
`and/or the extrinsic
`evidence.
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`metallic (The New
`Oxford American
`Dictionary, 2001): “of,
`relating to, or resembling
`metal or metals”
`Expert testimony of Dr.
`Glew regarding how a
`person of ordinary skill in
`the art would understand
`the term “poison mode,”
`including technical
`background concerning
`the claim term and what
`one of ordinary skill in
`the art would understand
`the claim term to mean in
`view of the patent
`disclosure, the
`prosecution history,
`and/or the extrinsic
`evidence.
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`10906703
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