Case 5:20-cv-09341-EJD Document 138-4 Filed 03/18/22 Page 1 of 19
`Case 5:20-cv-09341-EJD Document 138-4 Filed 03/18/22 Page 1 of 19
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`EXHIBIT 3
`EXHIBIT 3
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`Case 6:20-cv-00634-ADA Document 46-1 Filed 02/16/21 Page 1 of 18Case 5:20-cv-09341-EJD Document 138-4 Filed 03/18/22 Page 2 of 19
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`
`
`DEMARAY LLC,
`
`Plaintiff
`v.
`INTEL CORPORATION, Defendant.
`
`
`Plaintiff
`v.
`
`DEMARAY LLC,
`
`
`
`Case No. 6:20-cv-00634-ADA
`
`JURY TRIAL DEMANDED
`
`
`
`
`
`Case No. 6:20-cv-00636-ADA
`
`JURY TRIAL DEMANDED
`
`
`
`SAMSUNG ELECTRONICS CO., LTD (A
`KOREAN COMPANY), SAMSUNG
`ELECTRONICS AMERICA, INC., SAMSUNG
`SEMICONDUCTOR, INC., and SAMSUNG
`AUSTIN SEMICONDUCTOR, LLC,
`
`Defendants.
`
`
`
`
`DECLARATION OF ALEXANDER D. GLEW
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`10907256
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`Page
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`TABLE OF CONTENTS
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`DECLARATION OF ALEXANDER D. GLEW .................................................................................................. 1
`I.
`INTRODUCTION ...................................................................................................................................... 2
`II.
`BACKGROUND AND QUALIFICATIONS ......................................................................................... 2
`III.
`PREPARATION AND MATERIALS CONSIDERED ....................................................................... 2
`IV.
`LEGAL STANDARDS ............................................................................................................................... 3
`V.
`LEVEL OF ORDINARY SKILL IN THE ART .................................................................................... 3
`VI.
`THE DEMARAY PATENTS ................................................................................................................... 4
`VII.
`CLAIM TERMS .......................................................................................................................................... 6
`A.
`“Substrate” (’276 Patent, claims 1, 2, 6, 10; ’657 Patent, claims
`1, 2, 7, 11) .................................................................................................................................... 6
`B.
`“A method of depositing a film on an insulating substrate,
`comprising” (’657 Patent, claim 1) ................................................................................... 8
`C.
`“Pulsed DC power” (’276 Patent, claims 1, 6; ’657 Patent, claims
`1, 2, 11) ......................................................................................................................................... 9
`D.
`“Pulsed DC power supply” (’276 Patent, claims 1, 6) ............................................ 12
`“Narrow band rejection filter” (’276 Patent, claims 1, 6; ’657
`E.
`Patent, claims 1, 2, 20) ........................................................................................................ 12
`“Corresponds to” (’657 Patent, claims 1, 6), “Rejects at” (’276
`F.
`Patent, claim 1), “Operating at” (’276 Patent, claim 6) ......................................... 14
`G.
`“Reconditioning the target” (’657 Patent, claim 1) ................................................ 14
`“Metallic mode” (’657 Patent, claims 1, 2) / “Poison mode”
`H.
`(’657 Patent, claims 1, 2) ................................................................................................... 15
`“Substantially constant” (’276 Patent, cl. 10)............................................................ 16
`I.
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`
`
`I.
`
`INTRODUCTION
`
`My name is Alexander D. Glew, Ph.D., P.E. I
`1.
`have been asked to explain, from a technical perspective,
`how certain terminology in the patents at issue would
`have been used and understood by people working in
`the semiconductor fabrication field.
`2.
`For 33 years, I have been involved with
`engineering practice. A large portion of my work has
`involved semiconductor fabrication, including product
`design, semiconductor device analysis, semiconductor
`equipment design and analysis, thin film processing,
`equipment, characterization, and project development. I
`was intimately involved in this field during the time of
`the patents at issue in this case.
`3.
`I received my Bachelor of Science in Mechanical Engineering from the
`University of California, Berkeley, in 1985; I received my Master of Science in Mechanical
`Engineering from the University of California, Berkeley, in 1987; I received my Master of
`Science in Materials Science and Engineering from Stanford University in 1995.
`4.
`I received my Doctor of Philosophy in Materials Science and Engineering
`from Stanford University in 2003. My dissertation involved plasma CVD of diamond-like
`carbon, fluorinated diamond-like carbon, and low k dielectrics.
`5.
`I began my career with Applied Materials, Inc., one of the leading companies
`that supplies equipment for semiconductor manufacturers. My services to Applied
`Materials included various engineering roles: product development, project management,
`core technology, and supplier quality management. I remained at Applied Materials for ten
`years. 6.
`I hold six patents on technologies such as tungsten chemical vapor
`deposition, and ultra-high purity and high-temperature valves, and thin film heater and
`chuck design for processing chambers. I have authored or co-authored over nine articles,
`presentations, and seminars on topics including semiconductor thin film processing and
`diamond like carbon.
`7.
`Additional details of my education and employment history, recent
`professional service, patents, publications, and other testimony are set forth in my current
`curriculum vitae, attached as Exhibit A.
`8.
`In forming my opinions, I have considered the specifications of the patents at
`
`II.
`
`BACKGROUND AND QUALIFICATIONS
`
`III.
`
`PREPARATION AND MATERIALS CONSIDERED
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`issue, U.S. Patent Nos. 7,544,276 and 7,381,657 (“’276 Patent” and “’657 Patent,”
`respectively), including their respective abstracts, figures, and the claim language, as would
`have been understood by a person of ordinary skill in the art (“POSITA”). I have also
`reviewed the file histories of the ’276 Patent and the ’657 Patent, and the other material
`cited in this report.
`9.
`I have also relied on my personal knowledge and professional experience in
`designing and developing equipment for semiconductor manufacturing, and on the
`documents and information referenced in this report. I am also aware of information
`generally available to, and relied upon by, persons of ordinary skill in the art at the relevant
`time, including, for example, textbooks, manuals, technical papers, and articles, as well as
`commercially available systems.
`10.
`Throughout this declaration, I refer to specific portions of the ’276 Patent
`and the ’657 Patent and other documents. The citations are intended to be exemplary and
`are not intended to convey that the citations are the only source of evidence to support the
`propositions for which they are cited.
`11.
`In addition to opinions outlined herein, I may also offer opinions (1) in
`rebuttal to the defendants’ positions, including opinions of its experts and materials they
`discuss or rely upon, (2) based on any orders from the Court, or (3) based on documents,
`contentions, or other disclosures produced too late to be considered herein. I reserve the
`right to supplement or amend my opinions as further documentation and information is
`received. 12.
`If called to testify in this matter, I may use as exhibits various documents
`produced in this matter that refer or relate to the matters discussed herein. In addition, I
`may create or assist in the creation of certain demonstrative exhibits or summaries of my
`findings and opinions to assist me in testifying. Such exhibits have not yet been created.
`13.
`I am being compensated by Demaray LLC for my time spent on this matter at
`my customary consulting rate of $650 per hour, and my compensation is in no way
`contingent upon the outcome of this matter or on the opinions I offer. All of the opinions
`expressed in this report are my own.
`14.
`I have been advised by counsel on the law and general principles relevant to
`claim construction. I have applied these principles to the facts set forth in this report in
`rendering my opinions.
`15.
`I understand that claims are interpreted from the perspective of a POSITA at
`the time of the invention. I understand that claim construction is a matter of law for the
`Court.
`
`IV.
`
`LEGAL STANDARDS
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`V.
`
`LEVEL OF ORDINARY SKILL IN THE ART
`
`In my opinion, a POSITA at the time the invention of the ’276 Patent and the
`16.
`’657 Patent were made (i.e., the 2001-2002 timeframe), would have had at least an
`undergraduate degree in electrical engineering or material science, or a related field, and at
`least around 1–2 years of relevant work experience. Such a person would have had at least
`a general understanding of sputtering methods and systems, as well as sputtering
`deposition of thin films on substrates. In arriving at my opinions and conclusions in this
`report, I have considered and applied the perspective of such a POSITA. However, I do not
`think that my analysis would materially change if a somewhat higher or lower level of skill
`were adopted.
`17.
`The Demaray patents generally concern equipment and processes used to
`deposit thin films in the manufacture of semiconductor products. These films can be
`deposited one after the other to form structures such as transistors and electrical
`interconnections of the sort that make up modern integrated circuits. Such deposition is
`typically carried out in a chamber called a reactor. An example image of a reactor is shown
`below (Intel Complaint ¶ 25; Samsung Complaint ¶ 28):
`
`VI.
`
`THE DEMARAY PATENTS
`
`
`18.
`In physical vapor deposition (“PVD”), the reactor applies power to a target,
`e.g., a metal such as tantalum (Ta) or titanium (Ti), to sputter particles from the target to
`form the desired thin film on a substrate. ’657 Patent at 2:55–56, 5:30–34. Magnetron
`sputtering is a PVD technique that generally involves the use of magnets with the reactor
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`chamber. Id. at 8:38–60. An inert gas, e.g., argon, is typically introduced into the chamber to
`create a magnetically confined ionized plasma. Id. at 5:24–27. The plasma results in
`ejection of atoms from the metal target, which are then deposited on the substrate. Id.
`“Reactive” magnetron sputtering further includes the use of a reactive process gas while
`sputtering. Id. at 8:61–67. For example, nitrogen gas can be used with a tantalum target to
`deposit thin films of tantalum nitride (TaN) on silicon wafers. Id.
`19.
`One problem with reactive sputtering of a metal target is that, in addition to
`coating the substrate surface as desired, the same material may also undesirably coat the
`target surface. This is known as target poisoning. Id. at 10:40–59, 11:66–12:9. This coating
`can have very different properties from the original target material. Such a layer on the
`target surface can also accumulate positive charge. Id. at 10:40–59, 11:66–12:9. Arcing
`occurs when the accumulated charge causes a breakthrough in the insulating film on the
`target surface. Each dielectric material has a dielectric breakdown strength characterized
`by voltage divided by distance. When a high level of electrons are emitted from the
`breakthrough area, (i.e., when discharge occurs), an arc appears. Arcing is an unpredictable
`process causing changing impedance in the reactor’s electrical circuits. This arcing “can
`damage the power supply, produce particles and degrade the properties of deposited …
`films.” Id. at 4:55–58.
`20.
`The Demaray patents provide a solution to the problems that arise when a
`layer of undesired material accumulates on the target surface. See, e.g., id. at 4:55–57. For
`example, by using one or more pulses of DC power that alternate between negative and
`positive potentials, “[d]uring the positive period, the insulating layer on the surface of
`target 12 is discharged and arcing is prevented.” Id, at 5:39–41. The Demaray inventors
`also recognize that using a DC pulse to prevent arcing may not alone yield the desired film
`quality. The patents therefore teach that by also applying an RF bias to the substrate during
`deposition “the deposited film can be dandified (sic) [densified] by energetic ion
`bombardment and the columnar structure can be substantially eliminated.” Id. at 6:4–6; see
`also id. at 9:57–10:2.
`21.
`The Demaray inventors found that when RF power is used to bias the
`substrate while providing a pulse of DC power to the target, the RF power presents a
`danger to the DC power supply. Id. at 5:56–57. The patents accordingly teach the use of a
`filter that, for example, “prevents the bias power from power supply 18 from coupling into
`pulsed DC power supply 14,” id., i.e., a filter that blocks a narrow band of frequencies
`around the frequency of the RF bias power supply. The narrow band rejection filter
`“protect[s] the pulsed-DC power supply from the RF energy while not distorting the pulses
`generated by the pulsed-DC power supply applied to the target.” DEMINT00000001 (’356
`FH) at DEMINT00001134.
`22.
`As described in the Demaray patents, in one embodiment, the narrow band
`filter is a 2 MHz filter in which the bandwidth of the filter can be approximately 100 kHz.
`’657 Patent at 5:61–65. Such a filter “prevents the 2 MHz power from the bias to substrate
`16 from damaging power supply 18.” Id. at 5:63–65. Figure 1A (below) represents a
`schematic representation of an example reactor apparatus according to the Demaray
`
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`patents:
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`
`
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`Id. at 5:25–35 (annotating as follows: 10: apparatus; 12: target; 14: pulsed DC power
`supply; 15: filter; 16: substrate; 18: RF power supply; 20: magnet; 53: plasma).
`The Demaray patents also describe a reconditioning process or “burn in” by
`23.
`which the target surface is cleaned and conditioned. Id. at 17:6–15; 19:44–51; 20:52–60.
`24.
`The Demaray patents are applicable to a wide variety of chemistries. While
`they provide illustrative examples involving deposition of oxide layers, they instruct that
`the technology applies to “various films” including “oxides, fluorides, sulfides, nitrides,
`phosphates, sulfates, and carbonates, as well as other wide band gap semiconductor
`materials” (Id. at 2:55–56, 7:47–52, 16:19–24) and disclose the use of reactive gases
`associated with the deposition of such films (id. at 3:5–9 (“the process gasses can include
`combinations of Ar, N2, O2, C2F6, CO2, CO and other process gasses.”); 9:4–10 (same)).
`25.
`All independent claims of the Demaray patents recite the term “substrate.”
`’276 Patent, claims 1, 6; ’657 Patent, claims 1, 2. A POSITA would give this term its plain
`and ordinary meaning. The term has an ordinary and customary meaning in the industry,
`and the Demaray patents’ usage of the term “substrate” is consistent with that plain and
`ordinary meaning. This plain and ordinary meaning encompasses “material that provides
`the surface on which something is deposited or inscribed, for example a silicon wafer used to
`manufacture integrated circuits” (Demaray’s proposed construction).
`26.
`The Demaray patents use the term “substrate” repeatedly throughout their
`common specification. For example, the Demaray patents state that a “substrate can be any
`material and, in some embodiments, is a silicon wafer.” ’657 Patent at 2:61–62. The
`
`CLAIM TERMS
`A.
`“Substrate” (’276 Patent, claims 1, 2, 6, 10; ’657 Patent, claims 1, 2, 7,
`11)
`
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`Demaray patents further describe that “[s]ubstrate 16 can be a solid, smooth surface.
`Typically, substrate 16 can be a silicon wafer or a silicon wafer coated with a layer of silicon
`oxide formed by a chemical vapor deposition process or by a thermal oxidation process.
`Alternatively, substrate 16 can be a glass … a glass-like material, quartz, a metal, a metal
`oxide, or a plastic material.” Id. at 7:62–8:1. Pure silicon, although a semiconductor, is
`understood in the industry to act as an insulating material. Figure 1 from the Demaray
`patents showing the substrate is reproduced below according to ’657 Patent at 5:23–35:
`
`
`
`
`
`The Demaray patents consistently use the term “substrate” in reference to
`27.
`the material or work piece on which the target material or film is “deposited on.” Id. at
`2:55–56; 5:28–29; 6:24–65; 7:47–50; 8:33–37. As in industry practice, thin films are
`deposited on “substrates.” Silicon wafers are one of the most commonly used substrates in
`the industry. Id. at 2:61–62. A substrate is a product on which the reactor performs work.
`The operators remove the substrate from the reactor, and then place it in another reactor,
`which performs additional work. On the other hand, a substrate holder is a fixed part of the
`reactor that remains in place. This is similar to a pizza (substrate) placed in an oven
`(reactor) on a pizza stone (substrate holder).
`28.
`I understand that the defendants have proposed the term “substrate” to
`mean a “base support structure.” See Defendants’ Proposed Claim Constructions at 5. A
`POSITA, reading the description and purpose of the claim terms in the Demaray patents,
`would not construe the claim term in that fashion because such a construction would be
`inconsistent with the ordinary and customary meaning in the industry.
`29.
`For example, the Demaray patents state that “[s]ubstrate 16 can be
`supported on a holder or carrier sheet that may be larger than substrate 16.” ’657 Patent at
`8:1–3. A POSITA would not understand “substrate” to mean “base support structure,”
`including because such a meaning would encompass the substrate holder.
`30.
`The ’276 Patent, claim 1 itself recites “a substrate area opposite the target
`area for receiving a substrate.” A POSITA would understand a “substrate” to be different
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`from the “substrate area” for which it is received.
`31.
`Other patents to inventor Dr. Richard E. Demaray similarly describe an
`“object (substrate) support structure 62 on which rests the substrate to be deposited” or an
`“object substrate support structure 32 on which the substrate to be deposited 31 rests.”
`U.S. Patent No. 5,565,071 at 2:23–26; 5,603,816 at 2:16–17. These patents are cited on the
`face of the Demaray patents or incorporated by reference. See ’657 Patent at Page 2; 7:60–
`71. I understand that, as a legal matter, such citations (and subsequent citations in this
`declaration) are part of the intrinsic record of the Demaray patents. For similar reasons as
`above, a POSITA would not understand “substrate” to mean “base support structure,”
`including because the defendants’ proposal would encompass the “support structure” on
`which the substrate rests.
`32.
`Defendants’ proposal could be used to suggest that a substrate must be
`monolithic as opposed to including previously deposited layers. This is also inconsistent
`with industry practice. For example, the Demaray patents disclose that “[t]ypically,
`substrate 16 can be a silicon wafer or a silicon wafer coated with a layer of silicon oxide.”
`Id. at 7:62-64; see also id. at 18:10–12 (example deposition on a “6 inch wafer of
`substrate 16 which includes a 10 μm thick thermal oxide substrate.”); 18:55-57 (“substrate
`16 is a silicon substrate with an undercladding layer of thermally oxidized SiO2 of about 15
`μm thick.”). A POSITA would thus understand the term “substrate” to include, e.g., “a silicon
`wafer coated with a layer of silicon oxide.” This is similar to topping a pizza that may
`already have ingredients on it. One is still topping the pizza regardless of how many
`ingredients one has already placed on it.
`33.
`The preamble of independent claim 1 of the ’657 Patent recites the phrase
`“[a] method of depositing a film on an insulating substrate, comprising” ’657 Patent, claim
`1. I am informed that, as a legal matter, that the preamble of a claim can be found limiting
`under certain circumstances, such as when the preamble is essential to understand
`limitations or terms in the claim body.
`34.
`Here, the term “insulating” in the preamble is not necessary for the
`performance of the method steps, which relate to thin film deposition using a specific
`reactor configuration, not a specific type of substrate.
`35.
`I understand that the defendants have proposed the term “insulating
`substrate” to mean an “insulating base support structure.” See Defendants’ Proposed Claim
`Constructions at 4. For the same reasons stated above, a POSITA would not understand the
`term “insulating substrate” to mean “insulating base support structure.”
`36.
`As stated above with respect to “substrate,” it is inconsistent with industry
`practice to view a substrate as monolithic as opposed to including previously deposited
`layers. Insulating materials that have been deposited on top of other materials, as well as
`materials containing conductive elements such as transistors or traces, are also part of the
`
`B.
`
`“A method of depositing a film on an insulating substrate, comprising”
`(’657 Patent, claim 1)
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`“substrate.” See id. at 7:62–65 (“Typically, substrate 16 can be a silicon wafer or a silicon
`wafer coated with a layer of silicon oxide formed by a chemical vapor deposition process or
`by a thermal oxidation process.”); see also id. at 18:10–12 (describing example deposition
`on a “6 inch wafer of substrate 16 which includes a 10 μm thick thermal oxide substrate.”);
`App. 2002/0140103 ¶ 23 (“A substrate 12 that may include a trace 14 (or the top of a
`contact) includes an etch stop layer 18 above and on a diffusion barrier layer 16.”); App.
`2004/0259305) (claim 81: “wherein the substrate includes a transistor structure.”).
`37.
`In addition, as discussed above, pure silicon is an insulating material. In
`semiconductor manufacturing, the silicon is doped to create a lower resistance
`semiconductor material. The doped silicon wafer contains striations of layers that exhibit
`differing degrees of insulating properties and conductive properties resulting from the
`doping. A POSITA would thus consider silicon wafers used in the industry to be insulating
`substrates to the extent they are not considered monolithic.
`38.
`All independent claims of the Demaray patents include the term “pulsed DC
`power.” ’276 Patent, claims 1, 6; ’657 Patent, claims 1, 2. All independent claims modify the
`terms “pulsed DC power” in some respect such that the target voltage alternates between
`positive and negative voltages. See ’276 Patent, claims 1, 6; ’657 Patent, claims 1, 2. A
`POSITA would give the term pulsed DC power its plain and ordinary meaning, which
`encompasses “direct current power that oscillates between positive and negative voltages”
`(Demaray’s proposed construction). The term has an ordinary and customary meaning in
`the industry, and the Demaray patents’ usage of the term “pulsed DC power” is consistent
`with that plain and ordinary meaning.
`39.
`As disclosed in the Demaray patents, reactive magnetron sputtering uses a
`reactive gas in the reactor process chamber. This allows for the formation of a compound
`(e.g., oxide or nitride) to be deposited on the substrate. ’657 Patent at 4:48–57. But the
`reactive sputtering of a metal target creates not only the desired coating of the substrate
`surface, but also on the target surface. This coating can have very different properties from
`the original target material. Id. This phenomenon is known as target poisoning. Id.; see also
`id. at 12:5–9.
`40.
`One concern of target poisoning is that an arc can develop due to the buildup
`of charges on the insulating surface. ’657 Patent at 4:48–57. Arcing occurs when the
`accumulated charge causes a breakthrough in the film; when a high level of electrons are
`emitted from the breakthrough area, an arc appears. Arcing can damage the power supply,
`produce particles and degrade the properties of deposited films. Id. at 4:55–57.
`41.
`One way to prevent the buildup of the undesired coating on the target, charge
`accumulation, then the subsequent arcing is through the use of one or more pulses of DC
`power that alternates between negative and positive potentials. Id. at 5:38–39. In pulsed
`DC power systems, the electric potential formed between the cathode and the anode in the
`chamber is reversed to prevent charge accumulating on the target insulating film. More
`
`C.
`
`“Pulsed DC power” (’276 Patent, claims 1, 6; ’657 Patent, claims 1, 2, 11)
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`specifically, the positive portion of the applied voltage removes the compound layer on the
`surface of the target insulating film. The positive portion of the applied voltage, if sufficient,
`causes ions from the accumulated compound to sputter off the target material, removing
`the compound and allowing it to deposit on or accumulate on the substrate. Id. at 5:39–45.
`42.
`I understand that the defendants have proposed the term “providing pulsed
`DC power” to mean “providing DC power in the form of a square wave at a set frequency,
`reverse time, and amplitude” See Defendants’ Proposed Claim Constructions at 4. A POSITA,
`reading the description and purpose of the claim terms in the Demaray patents, would not
`construe the claim terms in that fashion because such a construction would be inconsistent
`with their ordinary and customary meaning in the industry.
`43.
`DC (direct current) has a unidirectional flow of electrical charge (by contrast,
`AC (alternating current) takes sinusoidal form). Pulsed DC power can go from positive (or
`negative) to zero. Alternatively, pulsed DC power can go from positive or negative passing
`through zero. In the claims, in order to provide both positive and negative voltage to help
`reduce arcing, the pulse would have to pass through zero. See, e.g., ’657 Patent at 5:30-39.
`Pulsed DC power passing through zero could thus roughly approximate the following
`schematic waveform:
`
`
`
`
`This schematic waveform is often called a “square wave.” As practiced in the industry,
`however, “pulsed DC power” is not restricted to power in the form of a square wave.
`Arcing is a failure and an unexpected result, and the use of one or more
`44.
`pulses of DC power to prevent it upon detection can also occur in real time. See id. at 5:41–
`43; 10:54–59. As an example, an arc-detection system can use pulsed DC power only when
`an arc is detected. During this time, the voltage is reversed at the output and meanwhile, a
`mechanism works to disconnect the power supply from the plasma. DEFTS-PA_003058.
`This could result in the following waveform:
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`Id. at -3062. Thus, pulsed DC power, as used in the industry, has no requirement of constant
`pulsing. Using pulsed DC power only when needed may increase the deposition rate of the
`film. Further, electrons, which are negative, travel much faster than heavy positive ions in a
`plasma. Thus, in order not to accumulate charge, the positive and negative swing do not
`need to be equal in voltage magnitude and time period.
`45.
`The Demaray patents teach that “[t]he reverse pulsing time is determined by
`the amount of arcing generated during the process. Longer reverse time means longer
`discharge time and thus less arcs. However, if the reverse time is too long, the deposition
`rate will decrease.” ’657 Patent at 10:54–59. A POSITA would understand that the pulses of
`DC power are supplied in order to prevent arcing. Any arcing will be dependent on a
`variety of conditions, including the type of materials, process chamber conditions, and
`power supply conditions. See id. at 5:51–53; 10:54–59; 22:7–11. For example, increasing
`the reverse pulsing time, as quoted above, while holding the pulse active time constant
`would result in a rectangular shape. As an example, the Demaray patents disclose that
`during a deposition “[w]hen target 12 under goes the transition from metallic to poison
`mode, the target voltage drops from an average of about 420V to an average of about
`260V.” ’657 Patent at 17:7–10. This voltage drop means that waveform as described would
`not take the shape of the schematic waveform. Further, pulse width modulation is common
`in order to control the power level. That is, the time that the power is on versus off during a
`pulse may vary in order to deliver a predetermined amount of power
`46.
`Of course, other shapes can also be obtained from adjusting such parameters.
`Thus, a POSITA would understand that varying the reverse pulsing time as described above
`could create a wide variety of shapes other than a “square” wave. POSITA would further
`understand that even a square wave is not perfectly square and that the power supply
`requires a finite amount of time for the voltage to change hundreds of volts. The power to a
`DC power supply is commonly AC. The power supply must rectify the AC and turn it into
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`DC, but does so imperfectly.
`47.
`A more general phenomenon in industry practice is that the circuit interacts
`with conditions within the processing chamber. The plasma in the chamber conducts
`current and is part of the electrical circuit, albeit complex. Thus, inherent characteristics
`and operating conditions of the plasma and power delivery system as practiced in the art
`will cause changes to the negative and positive voltages, which is reflected as deformities
`or oscillations in the waveform. Thus, a POSITA would understand that applications of
`pulses of DC power typically create shapes other than perfect square waves in practice. For
`example, although the “pulse may be intended to be square (in that only two levels are
`expected)…. In practice, the waveforms are virtually never as intended due to
`nonlinearities of either the plasma or the power supply circuitry. So, the shapes of the
`resulting power waveforms are complex.” Scholl, R. “Power supplies for pulsed plasma
`technologies: State-of-the-art and outlook.” Advances Energy Industries, Inc. (1999)) at 2.
`48.
`Independent claims 1 and 6 of the ’276 Patent recite the term “pulsed DC
`power supply.” A POSITA would give this term its plain and ordinary meaning, which
`encompasses “supply for providing [pulsed DC power]” (Demaray’s proposed construction).
`The term has an ordinary and customary meaning in the industry, and the Demaray
`patents’ usage of the term “pulsed DC power supply” is consistent with that plain and
`ordinary meaning.
`49.
`I understand that the defendants have proposed the term “providing pulsed
`DC power supply” to mean “power supply, which provides DC power in the form of a
`square wave at a set frequency, reverse time, and amplitude.” See Defendants’ Proposed
`Claim Constructions at 4. I i